COLLECTIVE AGREEMENT

hetwcc11

CANADA CINEMA DISTRIBUTION INC. {formerlu Technicolor Cinerna Distribution

[formerlu Thomson Multi Meclia (clba)} (hereinafter referred to as the "Company")

a11d

TEAMSTERS LOCAL UNION 938 4filiated 'With the

International Brotherhood of Teamsters (hereinafter referred to as the 11 U11io11 11

)

Expiry Date: December 31, 2017

I I ARTICLE

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INDEX

DESCRIPTION

Preamble & Recognition

Union

Management Functiolls

Discrimination

Stewards

Grievance Procedure & ArlJilrnt ion

SI rlke::;, Lockouts & Pickel Liues

Complete or Parlial Closure of or

L1'nve or Absence for Work wilh the Local Lmon

ll

;\kclical E:xaminat ions

Lnifonns

BuileUn Boards

Loss or Damage to

Vacaliuu \VJL!J

!S

or

AllocaUon & Hours of Work

Job

Period

Students

Part~ Time Help

Casual

Hired City Eqrnpment

of\Vurk

& Dock E1

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ARTICLE

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Appt~nc\ix "A"

Appendix "B"

Letler of UndersUrncling

Letter of nrlf'rstamling tt2

Leu.er of UnderstEmding #3

Letler of Understanding 1±4

Members Reminder

I N D E X (Continued}

DESCRIPTION

Heallh & \A,'elfarf'.

Ge11eral

Maintenance of Standards

Duralion

H011rly Wage Rates

Rules & Re.gulalions

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ARTICLE 1 - PREAMBLE AND RECOGNITION

Section 1.1 - Union Recognition

The Company does hereby recognize the L:nlon as the exclusive bargaining agenl for certain employees employed by the Company at all Company terminals.

Section 1.2 - Scope of Bargaining Unit

The Lerm shall mean all Lile rnnk or forernnn.

Janilors.

Section 1.3 - Effective Date

, secu Corcmc-n.

an cl

of Lhis ive shall lL is further thm the ,J l'', 2016 nncl that 2017.

this date to December 1 ·'

Section 1.4 - Date of Application

The Lerms conditions to

Section 1.5 - Intent and Purpose

The intent and purpose of this Agrecmcrn inclus1 rlnl rincl economic high degree discipline 1 herein. Lhe ::\g1-eemcn! coveri rmes pay, conditions emplovment vvhich will rcndcrjusiice to all.

in ancl maintaining: proper The parties hereto desire to and suitable conditions in Industry. Lo provide methods of rand peaceful

uslmenLs all disputes ma\- arise betvvcen and wiil anci friendly relations and umlerstanding the

ARTICLE 2 - UNION SECURITY

Section 2.1 - Maintenance of Membership

It is agreed that union shall maintain their Union membership ln standing for the duration of the contract as a condition of empioymeul.

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Section 2.2 - Union Dues Authorization

All employees hired prior to the date or Lhe signing of this Agreement, must, as a condition of their continued employment, authorize the Company to deduct from their pay on the pay day the Local Union's dues deductions nre made, an amount equal lo the Local Union's monthly dues for the duration of lhe Agreement as their financial contribution to the Local Union.

Section 2.3 - Initiation Fee Deductions

All employees hired shall, as a condillon or continued employmenl. authorize Company lo deduct the amount equal to the Local Union's Initiation fees in

tnslallmenls of twenty-five dollars (825.00) per \\•eek the compietion of the probaliomuy period. This deducUon shall continue unUl Uw iniUaUon is paid in full. The Company lo remit such monies so deducted to Lhe Head Office of the Local Union along with a list of employees rrom \:1,rhorn the money vvas cleclucled at the same time as the Union dues are remitted.

Section 2.4 (a) - Deduction of Union Dues

The Company for the duration of Agreement to deduct frorn the last pay cheque each month, the monthly dues of employee covered by lhis Agreement remil s monies so deducted to lhe Head Office of the Local Union, alon,e; with a !isl the employees from whom the monies we're deducted nol lllan the tenth ( lOU1) of the following lhc dnte such monies were ucted.

Section 2.4 {b) - Deduction of Arrears Items

Union will nolify the Company in writing of any arrears in dues caused fc;r any reason or any arrears in initiation or re-iniliation fees, anci Company will immediately commence deductions in amounts prescribed by the Local Union in such \vritLen notice and fonvarcl such monies lo the Local Union along with the monthly dues as provided for above. Such notice of arrears on the Company shall prescribe payroll deductions of not more lhan the equivalent of one monlh's dues at the appropriate Local Union's rate.

Section 2.4 (c) - Check-off Lists

The Union will supply the Company wilh a supply of printed check-off forms. which shall provide a column for "Dues", "Arrears in Dues", "Initiation and Re-initiation Fees". The Company shall each month add the name of each new employee hired on since the remittance of lhe previous check-off alon~ with the slartinj?; date and the Company shall give an explanation alongside the name of each employee who appeared on the previous month's check-off sheet for whom a remiU.ancc is not made for any reason.

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Section 2.4 (d} - Forms To be Signed by New Employees

The Union will supply lhe Company vvilh Initiation Deduction Authorization Forms. Applicalion for Membership Fonns, Dues DeclucUon Authorization Forms. and Health and Welfare Enrolment Forms. all of which slmll be si,gned by all new employees on lhc day or hire. All complelcd Application for Membership Forms and Health and Welfare Forms shall be returned Lo the Union and shall serve' as additional noUfical!on commencement employment.

Section 2.4 {e) - Scope of Union Dues Deductions

dec!ucUon of Cnion es shall be made from every employee. ud ill,2;. but nol limilecl to, probationary employees.

Secti.~:m 2.4 (f) - T-4 Slips

Emp!oyEr shali show :vearly Low! Dues uctec! on T-4

Section 2.4 (g) - Seniority Lists

!isl conlaining names, addresses. numbers. seniority social insurance numbers of employees as conlainecl in the records

Company will be prepared and fonvarclecl to Local Union offici:> annually durin,i.:; Sept.ember year.

ARTICLE 3 - MANAGEMENT FUNCTION_~

Union recognizes that Company has the Lo mana.i.;::e the to exercise all of the prerogatives of :V1ana~ernu1l a11cL will1oul generality of Lhe fore.goini;!. il has the right lo 1i1w L11e size of a11cl cl!n"Cl

work force. to exlencl or curtail operalions. and Co !Jire and pnimole. except lo the extent that tlie rights ancl prerogaiivcs lidve lJeell specifically

Lo the Lnion {Jl' otherwise curtailecl in lhis Agreernelll. The Company lhe right lo . Mtspeml ur uthenvise disciµline en

just cause.

§.ection 3.2 ~_Righ't;s of Em..Q!oyees

The above clause shall nol deprive U1e employee of the ri2;hl lO exercise lhe Grievance Procedure as outlined in tl1is A.~reernent.

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ARTICLE 4 - DISCRI.MINATION

Section 4.1 - Hum an Rights Code

No person shall be refused employment or in any manner be discriminated against in accordance with the Ontario 1-Jumcm Rights Code.

Section 4.2 - Right of Access For Union Representatives

Rcpresentalives of the Local Union shall be allowed lo enler lhe Company's premises lo deal in lhc adrninislralion or lhe Agreement, provided he does not in terf erc \Nith the normal opcralion of lhe Company.

ARTICLE 5 - STEW ARDS

Section 5.1 - Right of Union To Appoint Stewards

The Company acknowledges the right of the Union lo appoint one (l) steward for highway drivers and one (1) slewmd for city employees and, if lhe operations are such as cannot be covered by these stewards, additional stewards may be appointed.

Section 5.2 (a) - Pay For Processing Grievances During Working Hours

Wherever possible grievances shall be processed during the normal working hours of the steward. A steward shall receive his regular rate of pay wllen .grievances or pending: .grievances are processed '.vlth the Company on Company property or at any other place which is mutually agreed upon by both the Union ancl Lhe Company.

Section 5.2 (b) - .Pay For Processing Grievances Aft~LF-9_!:_~!!!g_J:Iours

If the Company representative is unable to meet the steward durin.g the steward's nomrnl working hours, the steward shall be paid for all Lime spent during the processing of the grievance with the Company on Company property or at any other place which is mutually agreed upon by both the Union and the Company.

The provisions as outlined in Section 5.2 (b) are not subjecl to daily call-in guarantee as out lined in Section 21.3 (c) or the overtime provisions as outlined in Section 21.2 (e), 21.3 (a) or 2 l.3 (g). In no case shall payment to the steward for time used in processing a grievance be extended beyond Step 2 as oullined in SecUon 6.2 (b) of the Grievru1ce Procedure.

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Section 5.2 (d) Steward Duties

Should the Company find that a Steward's acUviUes interfere with the normal course of his duties or the duties of other employees. the Company may contact a representative of the Locai Cnion and/or register a grievance commencing wilh Step (2) as outlined in Section 6.2 (bl of this Agreement.

Section 5.3 - Names and Changes of Stewards

The Union will inform lhe Company in \.\Titin,g the name lhe of any subsequent change in lhe name or Lhc Steward. Company be asked lo recognize steward until such noUlkation from the Union been

Section 5.4 - Suspension or Discharge of a Stewarg

The will suspension or disclmr,E;e

procedure shall

Lhe Union rE12;islered mail or racsirnile a slev1ard. Failure the the disrnissal or suspension

Section 5.5 - Steward1s Seniority For Work

an cl nol

For purpose of layoff and the to day work within Lhe department. sLeward shn!l enjoy his own scnioritv or Lhal or man

in (excluding In a U1ere is rnore tl1d11

one ste\varcL lhe with the most Lhe for the purpose applyinl-2: lhis clause.

Section 5.6 - Access to Trip Rep_or!~-'--~tc.

For the purpose prnccssi spccHk .l~/ievanccs or disputes. business representalives and stewards shall have access to slwets ancl lime cards.

Company agrees Lo provide h;.'o day's of absence \villi pay per year of this Collective l. to Slewmcl Te<mlslers Trai1 Sessions. These clays be combined where requi

In this Article a grievance shall consist of a disµute concerning interpretaUuri and application or any clause in this Agreement. al!e.ged violations of Agreement alleged of discretion by SU pervision in I he lrealHH::'rl( or

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employees contrary to lhe terms of lhe Agreement. lf any question arises as lo whether a particular dispute is or is not a grievance wilhin the meaning of these provisions. the question may be taken up through the grievance procedure and determined. if necessary. by Arbitration. There shall be an earnest effort on the part of both parties lo settle such grievances promptly through lhe follo'\ving

Section 6.2 (a) - Step 1 - Branch Manager or Designate

a conference between designale. FoJling

wilhin sew~n (7)

aggrieved and lhe Branch or l, the grievance must be submitted in \~1riling

days from the dale the alleged violalion or the or from lhe Uml lhe alle,gecl violation became known lo the

more than thirly (30) clays. The grievor shall be accompanied by a Union Steward and, if deemed necessary by the Union. he

also be accompanied by a Business Representative of the Union.

Section 6.2 (b) - Step 2 - General Manager or Designate

settlement at step, Mana.ger shall his in writing and shall refer the grievance to and arrange a meeting lhc Union and Gcncrnl Manager or his designate wilhin seven (7)

of the elate that lhe grievance \vas registered in writing. This meetin.e: shall be held in the locale the Terminal involved unless otherwise . The Ccncral Manager or his dcsi.e:natc shall re decision ln wriUn,e; wiLhin seven (7) days from Lhc Lhat the grievance was referred Lo him.

Section 6.3 - Procedure for Union or Company Grievance

In the event the Union or Lhe Company a grievance, it shaH responsibility of lhe ,grievor to advise the other wilhin seven [7) calendar clays or the alleged violation of the Agreement. and by such notification arran.e:e a meeting within fourteen ( J 4) calendar days. between lhe General or his designate and a duly accredited principal officer of the Local Union or his designale. Should Lhe grievor fail lo reach a saUsfoclory setUemenL. final

l or the grievance must be submiLtecl to a Sin,gle Arbitrator.

Section 6.4 - Discharge and Suspension Grievances

Grievances dealing with dischar~es and shall \Vrilin,g \:vithin seventy-two (72) hours (Saturdays, Sundays mid Holidays excluded) Ume of the discharge or suspension and &hall commence with Section 6.2 (b).

Section 6.5 - Procedure for Arbitration

Ii shall be the responsibility of the party desiring a.rbitraUon to so inform lhe

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other party in wriling in the case of:

(a) an employee grievance wilhin fourteen (14) calendar days after the General Manager or his designate has rendered a decision or failed to render a decision as provided for in Scclion 6.2 (b):

(b} a Company grievance wilhin fourteen ( 14) calendar clays after lhe meeting wilh the Union rcprcsen

(c) a union grievance Vv'ilhin fourteen [ 14) clays afLer meeUng \,vith Company's representalive.

1\ notice of inlcnl lo rate under foregoing provisions shall contain Llle name of aggrieved party's proposed Arbitrator. Within fourteen ( i calendar clays from the receipt such notice inLenl Lo arbitrate, party must either agree with lhe proposed Arbltrmor or propose an allernaUve Arbilralor. If patties !'ail Lo £\gree on th choice an Arbitrator wilhln a reasonable period time. either party request lhe Provincial or Federal !\1inistcr of Labour to appoint a /·trbitrator.

Al[ lime lirnils as specified herein for Grievance or Arbitration may extended, but only by mutual agreement confirmed in wrillng.

Section 6.6 - Grievances Not Proper!Y. Proc~~§.!!_<:l

If at any Ume during the above menUoned step& lhe has not been g:rievor. his representmives, or agents in accordance with Lile

Ume limit as prescribed. the be to have withdrawn. except in the event a driver on h operalicins is away from his home and th11s unavallah!e to or tr"

procedure within the lime limits as prescribed. such time lirnils :-:1ha!l be extended so as to permit his processing Uie grievance i11 an:urdance w!U1 above sLcps upon his relurn lo his home termina.i.

Section 6. 7 - Powers of Th_~.M.l!itraj:_Q!'

Arbitralor shall not the right tu alter ur provisions In tllis A~reement or substitute any new provisions ill . or lO any decision inconsislcnt wi tl1e lerms and µrovil::iions U!ls Agreeinent. The Arbilrator, hmvevcr. shall have t.he power lo vary or sel aside a11y Ly or discipline imposed relating to grievance before Llie Arbitralor.

The parties wi!I equally bear lhe let's and the expenses of the Arbitrawr.

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Section 6.9 - Responsibility for Payment

The Company shall not be responsible for the payment of time used by an employee in the invesligation and seUlement of a g1ievance.

Section 6.10 - Payment of Settled Monetary Grievances

All monel<uy grievances that are mutuaJly O.J;;reed upon, shall be paid the following pay period.

Section 6.11 - Right of Employee to be Accompanied by a Union Official

Any employee covered by this 1\e;reement when called into the Company's office for any discussion which may result in disciplinary action or a grievance shall be accompanied by a Steward or Business Representative.

Section 6.12 - Right of Union When Grievances are Settled or Withdrawn

A grievance, once submitted in writinl4· shall noL be withdrawn when such vvilhdrawal or scLLlcmcnt of such grievances is, ln the opinion of the Union, not in concert \Vith the provisions of this AJ2:rccmcnt.

ARTICLE 7 - STRIKES, WCKOUTS AND PICKET LINES

Section 7.1 - Strikes, Lockouts and Picket Lines

During the term or this Agreement there shall be no lockout by the Company. or any strike, sil dO\vn, work stoppage or suspension of work, either compleLe of partial. for any reason by lhf' employees.

Section 7 .2 - Picket Lines

The Compzmy acknowledges the right or the employees Lo recognize and refuse to cross a picket line.

Section 7.3

The Union recognizes thf' ri,ght of the Company to protecL its business and the property of its customers.

Section 7.4

Each parly recognizing the righls of Lhc other in this regard agrees thal the Union will notify the Company of any strike or picket line aclivity and that the Company will notiiy the Union if, in their opinion, such strike or picket line is illegal or is unduly prejudicial to lhe interest of the Company. its employees or the Lnion.

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Section 7.5

In surh cases. a meeting will be held in order lo mutually a.gree on a poliry. In the event that the Company and the Union rannol a.gree, each parly reserves the right to take whatever action it deems necessary and appropriate.

ARTICLE 8 - SENIORITY

Section 8.1 - Terminal Seniority

shall be terminal wicle and inc!ucle persons working at terminal ancl on the terminal payroll. excepl as ouUinecl in Anick ~I.

Section 8.2 - Purpose of Seniority

In

purpose of seniorily is to provide a and recalls.

event of a lnyoff, Company shall

[ 1) seniority of the employee;

(2) employee: the employee's senioi-iLy shall be

::;overnin.e: work

qualifications are ning factor.

to pc>rfonn

A layoff for an employee be conf>iden·d <1:-:. two (2) cun:-,ecutive day;;, 1Nithln his departrm~m at which Ume nw will be nui if

are junior men wurkir1~ ili auuliltT depanmenl a11d llie employee ruay ex.e!Tise his seuiorily and move iillo ialever deparlrneul l!is se11iorily l1irn lo am! seven (7) days lw rnusl exercbe his sen

Section 8.2 (d} - TemporJYY_Nature of Layoff

Such rnoves sllall be considered Lemporary and lasting only until such timt' as the work force requirements for the foreseeable future are returned to normal.

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Section 8.2 (e) - Continued Loss of Work

If a continued loss of work days exists for an employee through shortage of vvork within any department, or in lhe case of a pending layoff, the Company or the Union may request a meeting to discuss alternate work for such employees.

Section 8.3 - Posting of Seniority Lists

Seniority lists shall be prepared and posted by the Company eve1y lhree (.3) months. The Company shall also supply sufficient copies lo the stewards and Business Representatives.

Section 8.4 - Probationary Period

Employees shall be considered probationaiy until placed on the seniority !isl. Once an employee has exceeckcl ten (10) hours in any one work week, such employee shall work under the proYisions of Lhis A,greemenl and shall be employed on a probationary basis for ninety (90) calendar days, during which period he may be discharged or disciplined without recourse Lo lhe Grievance Procedure. The employer may nol discharge lhe employee for purposes of forcing an additional probationaiy period. Upon completion of the ninelieLh (90) calendar day, Lhe employee shall either be discharged or placed on the re,gular seniority !isl, as of the date of commencement of his probationary period.

Employees promoled Lo supervisory positions. or positions not sub_iecL to ll1is Agreement will retain their seniority after promotion for a period of one lwmlrecl ancl twenty ( 120) days. If clernolecl for any reason or. if they voluntarily requesL reinstalemenl to their former position. the Ume served in lhe supervisory position shall be included in their seniority rating;. Such employee shall forfeit any and all recourse lo the Grievance Procedure as oullinecl in this A_greement should he lJe subsequently discharged in such a position beyond Lhe jurisdiction of this AgreemenL.

Section 8.6 - Reasons for Termination of Employment

An employee's employment shall be lerrninalecl for cu1y of llte followiug reasolls:

(a) if an employee volunlarily qui ls:

(bl lf an employee is dischar,ged and is not reinstated pursuant lo Lhe Grievance Procedure as provided in this Agreement:

(c) if an employee has been laid off and not employed elsewhere. and has refused to reLurn to work \Vithin twenty-four (24) hours after being contacted personally. When the employee cannot be contacted or is

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employed elsewhere. then the Company will nolify lhe employee by registered mail to his last knmvn address to return Lo work and he will be allowed no more lhan seven (7) consecu live days from lhe dale of notification to report for duty.

(cl) if an employee overstays a leave of absence without securing an extension in wriling of such leave of absence, or if he lakes employment other than that cleclarecl and agreed upon when applying for the leave of absence;

(e) if an employee is absent from work without securin,g a leave of absence for more llrnn three (3) consecutive working clays without a reasonable explanation:

(1l if an employee is laicl off ancl nol rccallecl for a periocl extending beyond twenty-four (24) consecutive working months or if such employee requests ancl b paid ai iy slalulory tenninaUon benefits, whichever comes firsl.

~ection 8.7 - Leave of Absence Proy:i~i<l!l

Leave ur alJsellce in exce:::;s ur thit\V (30) calendar days ur (.l[l exleusiUll lo an exisling !eave l11al will exceed i11 Lula! lllirly (30) ca!enclm cfays, will riot be granled u11Lil a requesl fur same is sulJmiltecl in writing Lu bolh Lhe Luca! union am! lhe Curnpany am! is mutually agreecl upun.

Section 8.8 Provisions for Retention of Employee's Senioritv During Sickness or In.h!!Y

1\bsence ciue lo !Jona_ nde iilness or injur~y shall ;10!. lJe cause rur cH~cJ1:Jrge ur loss or seniorily provlc!i11g lite Company is noUfied or such illness or injury. Tl1e en1µlo~YTee s11all tlOtif~r tl1c c:unq.J;.,l!l)T \\rher1 11c i~ ctblc to return Lu \\'Urk. I-fO\l/f..?YCr.

an employee off work as sel oul above shall nut by virtue ur !Jis absence. retain seniorily over a senior employee who has been !aicl oil

ARTICLE 9 - COMPLETE OR PARTIAL CLOSURE OF TERMINAL(S) OR OPERATIONS

Section 9.1 -_Complete Closure

In the event of the complete closure or a terminal where the \vork is rnovecl Lo anolher terminal(s) uncler the _i uriscliclion or tlle signalorics to this f\greement, U1e Company will give Lile Union sixty (60) clays· written notice or its inlenlion to close a lem1inal and the afff'cLed e-mployees may bid according to their seniority ancl qualifications, LO movf to lhe termina!(s) to which the work is being moved.

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Section 9.2 - Procedure for Partial Closure

In the evenL of the partial closure of a terminal's highway, city or dock operations as a result of the work being moved to another lcrminal(s) and which results in a reduction of employees in the department so affected the following shall apply:

(al a meeting sball be held lhirly (30) clays prior to the partial closure the pany and the C n ion in an effort lo reach a satisfactory

a,greement Car all concerned in department of the terminal from which the work is be!r\g

(b) failinp; under , llw employees in t department affected have lhe oplion or moving \ViLh the work or exercisin,g their seniorily

within their own terminal. lf any of lhese employees elect to exercise tl1eir seniority and bump into other work wilhin their own terminal and, as a result anyone in that terminal to which the work is being moved, lhe available vacancies be posted for bid and such vacancies shall only

open lo em subject lo layoff:

(cl it must be esLablished that lhere is a movement or work in order for above provision io

(d} any dispute arisin,g under the prov1s10ns shall be immediately referred lo arbitration as outlined in SecUon G.2

S~<::!io_n~.3 ·.Eetention of Seniority Because of Closure

ln the event the work is moved back lo the original terminal. personnel moving lhe conditions of 9. l or 9.2 will retain their at the

terminal from which they moved for a period of twenty-four (24) months from lhe dale of their move.

§~ctiof!_.~~1 ... ::_ .. J.U_g_l!l ... ~f..Qof!l~Y. ... J:_!L . .Af!Q.cat~.~orJi .. J.9 .. ~.l!!P.l..9YCe~ Mg_vb1_g

The ipnny will have sole authority for the allocation or work employees rnovin,g under the concliiions of Sections 9.1 or 9.2 for a period of three (3) monUrn from lhe date of UH" nwve or unUl the of Llle next annual

bid. 1evhici1ever comes first.

Section 9.5 - Dovetailing__of Seniority for Employees Moving To __ New Terminal(s)

Persons movinj.! under the comliUom:> of Sections ~.l.1 or 9.2 1.vill dovetail their seniority dales wilh those pers011s already employed al the terminal to which they rnove.

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ARTICLE 10 - LEAVE OF ABSENCE FOR WORK WITH THE WCAL UNION

Section 10.1 - Leave of Absence for Employees To Work For the Local Union

The Company agrees to grant to ail present employees who are on a leave or absence and all fulurc employees of the Local Union an indefinite leave of

Lo \vork for lhe Local Union retaining and accurnulaUng seniority wilh respective Company. Such leave of be revocable upon

(72) noUce lhC'

ARTICLE 11 - EQUIPMENT

Section 11.1 - Vehicle Safety

It is to of both the Company and lhe employee vehicles which are nol in a safe

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shall not and not equi required law.

[l shall 1Jt" the einployees to repon prnrn ly in writing to t Company all defects in equipmenL.

ti on

IL shall be the du vehicles ill a safe

responsibility condilion in

Compar:y Lo maintain ali ice with Lhe

's regu

mnlntenanci:: equipmenl l11 souml operalin~ condition is nuL rn!ly a function but a responsibility of Maua.l(eme11!..

delermi11aU011 in Ille ::;enior qualified su

lo Ow equtpriwnt shall rest V/i

It shall uot IJe H violalion of this Agreement wriere employees oµera(e suc!J equiprnem unless such is unjustified.

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Section 11.2 - Responsibility of Drivers For Damage While Pushing or Towing a Vehicle

Drivers will not be held responsible for damage while towing or pushing a vehicle if instructed lo do so by Manngemenl. subject to the provisions of Article 18.

Section 11.3 - Equipment on Power Units

It is agreed belwecn Union and the regard lhe driver's heallh faclor, all power un!ls will have adequate windshield wipers and . and clefrosLers and kepl in opernling

illon. !n extreme Lcmpcralurcs where not adequalely lhe . lhe Company will the necessary alterations Lo retain adequate

Defective windshield washers shall nol be classified as a breakdown. Windshield wipers lo be kept in proper workin,£E order at all limes and cabs Lo

wcalhcrproof. All new equipment pul inlo use as of October l, 1 shall equipped with west coasl mirrors.

Section 11.4 - Speedometers

The Company musl accuralc.

speedometers in proper working order and reasonably

Section 11.5 - Bad Order Forms

IL is agreed thaL bad Corms shall be for Lhe driver on which Lo dc!'ccls in equipment with sufficienl so llrn_l one can be held

for lhe driver so thai the office Company will a this report on file. The mechanic will sign this report when lhe repair work is complelecl. A bad order when made out by driver will by a represenLative of ihe Company. When a unit is "bad orclt>red" for reasons Llmt make the vehicle unsafe for use, il shall be and the keys removed and placed in lhc MainLenance Department along wiLh the bad order report. No driver or Company representative will remove taJ:!; until the repair work is completed.

Section 11.6 - Operation of Vehicle§_i_I!___Exce!!i~Of Legal Load Limits

Company shall not compel any driver to a vehicle ii 1 excess of legal limits.

Section 11. 7

Effective .Janua1y 1, 1999 all new power units will have air conditioning.

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ARTICLE 12 - MEDICAL EXAMINATIONS

Section 12.1 - Provisions for Medicals

Any medical examination requested by the Company shall be promptly complied \Vilh by all employees. provided however. that employer shall pay for all such examinations. The Company reserves lhe right to select their own medical examiner or physician and the Union may, iI' in their opinion they think nn injuslicc lms been an employee. said rc-cxarninccl al lhc Union's expense.

Section 12.2

\rv'hcn a medical examination is required conclilions shall apply:

lhe Company. following

(cl

(d)

!I)

If a med paid

takes a medical examinctUon !1is tJormal the lime Involved and lhus not lose any pay a':l ;i

a medical exarnina!ion.

er V/orkir1,2: hours. U1c sl in such cases receive at leasl tlrn."e t. \Vilh llie Doc1or.

If a medlcal examination is Laken clurln.f:!: workini.;; hours. one day's noUct> will be the employee.

A examination will be rnacle LU en

No req Lo takt' t'.\.arnimlllon on urclny ernployee so rt'qut:sls aHcl dues so volunlarily.

Medical requirements applied by Ll1e Company shall not exceed those applied by lhe Ministry orTranspmt as it relales to driver's licences.

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ln the evenl that a driver loses his driver's licence as a resull of Lhe medical requiremenl applied by lhe Minislry of Trnnsporl then he shall retain his terminal seniority for work preference and layoff and may bump inlo whatever department his seniority and qualifications entitle him lo.

ARTICLE 13 - UNIFORMS

Section 13. l - Uniforms As a Condition of Employment

Company agrees lhal if an employee is lo wear any kind or as a roncl!lion his continued employment, such uniforms shall be

rurnisliccl Cree of al lhe slanclarcl required by Lhe Company. No employee shall be required to wear a uniform Lhat does not bear the Union label. Before employees arc rcqucslccl io wear a uniform by Lhe Company, tbe Union shall be consul as lo the lype and standard. In Lhe evenl that an employee leaves lhe service or the Company for reason. he shall return the uniform ai the Company's request.

Section 13.2 - Pooling Arrangement For Uniforms

IL is further provided lhal volun Lary poolinJ;~ arrangernen ls for lhe pu or rental of uniforms shall nol come wilhin lhe scope of Lhis A,greemenl.

ARTICLE 14 - PASSENGERS

Section 14.1 - Passengers

\Io shall he low anyone employees

of

\Vho are on duly or lransporl drivers broken down on the highway to ride in truck except by written authorization Company.

ARTICLE 15 - EXTRA_Q_DNTRACT AGREEMJ1!JY..T§

Section 15.1 - Extra C_9ntract Agreement~

ll is agreed thaL neither or contract ·with lhe lhis Agreement.

to lhis Agreemenl shall enLe1· inlo any which conl1icls with the terms and provision::; or

41!'.f!C,kE}l 6 - NEW TIPES OF EJj~Ml1!_N'.f AND CATEGORIES OF WORK

~~~tion 16.1 - Establishment _of R~tes For New Types of Equipment _Q!J'!~~J;~fi_!egorles of Wor~

When new types of equipment or categories of work for which rates of pay are nol established by this Agreement are put into use or effect. rales governing such operations shall be subject lo negoUalions between tlle partiei:L In the

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event of failure lo reach agreement on such mies. Lhc question shall be referred lo Arbitration and shall be established wilhin thirty (30) days the date of failure lo reach such an agreement and Lhe rates as determined shall apply from the nrst (I day the equipment or categories of \vork \Vere put in lo use or effecl.

Section 16.2 - Protection of Earnings Throug!!_Introduction of Double Driver or Sleeper Cab Operations

No hi,eJ1way driver will suffer recluclion in introduction or double driver or cab

ARTICLE 17 - BULLETIN BOARDS

Section 1 7 .1 - Bulletin Boards

The LO

nctions on a bullclin rposc. an

Union.

ARTICLE 18 - WSS OR DAMAGE TO CARGO OR EQUIPMENT

Section 18.1 - Loss or Damage to Cargo or Equipment

IL is

offset that employees not be required Lo contribute

loss. stolen or to car,go

ARTICLE 19 GENERAL HOLIDAYS

Section 19. l - General Holidays

The following Gcnernl Holiclays will bt> observed:

Labour Dav Tha11ksgivi ng

equiprnen

Friday Victoria Day Canada Da~·

Day Before Christmas Day

Civic f

Adel HeritaJ:~e Day if proclaimed by applicable Governrnent. An addilional pc-rsona! for 2002.

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Section 19.2 - Floating Holiday

In addition lo lhe General Holidays lislcd in Section 19. l, each employee shall receive one (!) paid Floater Ho1iclay which shall be paid in accordance with Section 19.4

Such floating holiday shall be scheduled on a day lhat is mutually agreed upon between the Company and the employee.

Section 19.3 - Alternate Day

When one of the observed General Holidays falls on a Saturday or a Sunday. the day proclaimed be the clay observed. If no clay is proclairnecl. employee shall paid the General Holiday pay in accordance \vith U1e conditions oullined below.

Section 19.4 - Pay For General Holidays

All hourly raled employees shall hourly raLc providing:

paid e(ghl (8) hours at their nppropriale

(a) have in the employ the Company for ninely (90) calendar days. and;

(bl they have not prior to

laic! for a period longer thirty

(c) they have not been t from work due to sickness or injury longer sLx (GJ months prior to the holiday:

calendar

period

[d) senior employees shall be given the firsl opportunily lo work on General Holidays. However. they shall have the ri,ghl to decline work, provldin,i;;: a sufficient number ofjunior qualified employees are available.

Section 19.5 - General Holidays Durlng~~!!!!LY_11cation

Any of General Holidays as listed falling within an employees annual vacation shall be paid in addition lo the employee's annual vacation pay.

Section 19.6 - General H9Jigp.y~f<:>tf_art-Time Personnel

Part-time personnel shall be entitled to General Holiday pay as per the Employment Standards Acl.

Section 19.7 - Dispa~ches on Christmas and New Year's Eve

Dispatches must be arranged so the highway drivers will be back in their home

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lern1inal and off duty at 6:00 p.rn. on the eve of Ch1·istmas and New Year's Day Genernl Holiday. However, this does not preclude !he Company. in case of emergency. to move a load if a driver. in line with his seniority. is willing lo accept a dispatch ·which will bring him back to his home terminal after 6:00 p.m. as mentioned above. For all General Holidays the hl_ghway driver is enUlled to thirty-six (36) clear hours off duly from the cornplelion of his shift on the eve or the day of such holidays.

ARTICLE 20 - VACATION WITH PAY

Section 20.1 - Vacation Pay For Employees With Less Than One Year's Employment

Employees \vorking with less than one l ll yenr of employment re-ceive vacation pay in accordance with the Employment SLandards Act ancl regulations pursuant lo it.

Section 20.2 - Vacation For Employees With One (1) Year's Em.R!.9..Y!!!~I!!

Employees \;,'ho have completed one ( li year of L shall receive Lwo (2) weeks. vacalion pay.

(5) \'t'(ffS, emp November 30th in receive \veeks. vacaUon pay: . ir an employee has not completed his fiyc employment. '''lien lah.ing llh vac;:uion t!w pay for the week nUl his 1 tld anniversary claie or employment.

Employees who have- cornplelecl len (l OJ years ernploy111ent by Novelllber in any year shall receive four (41 weeks. vacation will! pay: l!uwever, ii' an

employee has nol complelecl his len ( 10) years or employnwnl \vheu Lakii his vacaUon. r.be pay Cor lhe fourth week shall be delayed ui lib tenU1 (10th) ann dale of employment.

Section 20.5 -~--mmVa~!f:tiQ:r:L~for mj':JJ!pJqyees .. ~th Eighteen (18) Years' ~!!!P!Qym~r1J;

Employees who have completed eighteen ( 18) year:::;, ernployment by November 30th in any year shall receive five (5) weeks vacation wilh pay: however, If an employee not completed his eighteen (18) years of employment when takin.g his vacation, the pay for the fifLh (5th) week shall be delayed until his eighteenth (18th) anniversary elate uf empioyrnen t.

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Section 20.6 - Amount of Vacation Pay

Vacalion pay for Lhose enjoying lwo (2) weeks' vacation, three (3) weeks, vacation, four (4) weeks' vacation and five (5) weeks, vacation with pay annually, shall be calculated at four per centum (4%), six per ccntum (6°A1), eight per cent um (8%) and ten per centum {l 0%} respeclively of their total earnings for the year previous to their vacation.

Section 20.7- Vacation Pay For Employees Terminating Employment

Employees who have for two (2). three (3), four (4) or five (5) weeks' vacation anct who sever or have their employment severed after they become qualified two (2), three (3), four (4) or five (5) weeks, vacalion as the case

be shall receive at the clale of severance or as soon as reasonably possible thereafter, vacalion compu led al the rate of four per centum six per centum (6%), eight per ccntum and Len per centum ( l respectively their earnings since the tcrrninaUon of their last previous vacallon.

Section 20.8 - Vacation Periods and Qualifications

choice of vacmion periods shall be by seniority in each cleparlmenl. the Company guarantees that ail employees wishing to take their vacation during the months of June. July, August and September shall be allowed lo do so. IL shall noL be mandatory. however. employees to Lake lheir vacations during period. Employees choosing their vacalion periods in other than lhe summer vacaUon pcriod shall be allowed Lo do so in accordance wllh Lheir departmental seniority. !l shall be the 1·espons!bllily the Cornpanv lo a bid sheet on which employees may choose vacation periods and lhe final vacation schcdu le shall posled the Company not later than May l st of each year.

Summer vacaUon periods shall be June, July, August and September inclusive.

(a) employees qualified for more than Lhree (3) weeks, vacation will be restricted to three (3) weeks during the recognized summer vacation period:

(bl it shall be compulsory for all employees to lake their vacations during lhe calendar year in which qualify for vacations;

[c) vacation pay and General Holiday pay will be considered as earnin,gs;

(d) employees v.1hile on vacation cannot be called in to work;

(e) an employee's fourth (4th) week or vacation shall be taken on mutual agreement belween the Company and the employee.

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ARTICLE 21 · ALLOCATION AND HOURS OF WORK · CITY AND DOCK EMPWYEES

Section 21. l - Allocation of Work

The Company shall have lhe authority io allocate the work to personnel ha\'ing due regard Lo seniority and qualifications. and where qualifications are relatively sen shall be the determining or.

Section 21.2 (a) - Bidding on Peddle Runs and/or Special O~ratiQ!}S

On runs designated as employees sl1all be operations the

runs or an cl lhe

regard to seniority as set oul

pcrsonnei shall hcl\'e Llie erencc: 011 :.he first the •.veelc to the extent lhal il is consisLent the

\VOrk may commence on Sunday.

on Su oLlwr at 0:00 p.m. or later

an cl Lile employee':-;

b)· Company. runs. ln a!l other

con sec t ive concli lluns.

l i~ U!l a

the entire shi

clue

la

All hou ralecl employees wi!1 allowed a bn·ak nuL in t·xcebH or (I 5) minutes v;1itlwul of pay in the hair sl aml a break not in excess fifteen ( l minutes \Vitlioui loss µay in second hair shift.

\Vhen an b sµeci!'ically requesled lo work uverUn break nol LO fifteen (I

un·nlnw cortmierices. This provision are relunti! w the 1y lerndr1al duly even tlwu,t:;l

Section 21.2 (e) - Regular Shifts

rnusl reasonable notice.

sl;

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which be

sucl1 1vl10

lour

\:\lil110l1t

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Section 21.2 (f) - Meal Period

Employees shall not take more than one (1) continuous hour for meals however, should the laking of a full continuous hour for meals cause additional waiting time. the Company may request lhe employee lo take not less than thirty (30) minutes. No employee shall be compelled to take more than one (1) continuous hour for meals and the meal period shall be between the fourth (4th) and sixth (6th) hours. E:mployees shall not however, be required to take any lime off Car meals before Lhey have been 011 duly four (4) hours nor after they have been on duly six ((3) hours.

Section 21.3 (a) - Normal Hours of Work

All hours \vorked at the hourly rate in excess of forly-four (44) in any one (1) week shall be paid al the rate or lime and one--half ( 1 1 /2) the- normal rate of pay. When an employee reports lo work for his/her shift: lhat employee will be guaranteed ei,ghL (8) hours pay.

§_~ction 21.3 (b) - Allocation of Overtime_:W-ork

Where lhe Company has overtime \Vork lo be performed. such \l.'Ork shall be allocated lo qualified personnel in the following manner:

l. To tht> senior availabk employee on cluly who is willing Lo perform sucl1 work.

2. When no one ls avnilable under l or. in the event additional personnel are rt'quirec!. off duty employees wiil be called in order or seniurily provided Uwy are willing lo perforn1 Ll1e work. If no employee vulunleers, the rnosl junior employee will be required to perform U1e wurk.

Section 21.3 (c) - Call In Guarantee

Employees covered by Ll1is Agreement called in for work shall lw guaranteed 110[ less ll1a11 eigltt (8) ltours, pay. Ou Saturciay lhe guaramee shall be four (4) lluurs.

Section 21.3 (d) - Call Back Guarantee

All call backs \.vhich will require employees lo work over sLx (6) hours in twenty-four (24) hours shall be paid for at the rate of time and one-l1alf ( l l /2) the employees' regular rate of pay. There shall be a minimum call back guaranLee of four (4) hours. pay.

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Section 21.3 (e) - Overtime in a Week in Which a General Holiday Occurs

In a week in which a General I Ioliday occurs. lhe weekly limilalion after which overtime shall be paid shall be reduced by the number of hours paid for the General I Ioliday as outlined in Article 20.3. Time worked on a General I Ioliday shall be paid for at the rate of time and one-half ( l l /2) the regular rate but shall not be compulecl as time worked for the purpose of calculaUng overtime after the reduced weekly limitation.

On Saturday operalions, the Company shall assign lhe vvork available lo employees in accorclance \:vilh their cleparlme11Lal seniority giving preCerenct> according lo seniority and qualifications. All \Nork performed on Saturday shall be paid for al lime and one-half ( l 1 /2) the employees' regular rate excluding:

1) those employees \vorkin,g regularly scheduled shifts cornmencin,g Friday niglll:

2) all ernployet'S \Nllu have missed une ( 1) full shift or rnure of \vork cluril1.l!: the week clue Lo a sho1tage or work, sickness, etc.:

3) those employec>s who are re,gularly sc!1t:'clulecl Lo work on Saturc!ay;

!IJ U1e applicuUuIJ ur Ult' cdJuve clauses, e111piuyet'S wl1u llliss (l sl1iJ'L U1rnu,gl1 s!1urLage of work ur wliu Luke lime uff because uC '.-;ick11ess, elc .. shall nol lJe cumpellecl Lo work on Salurday and t!w Curnpally ::;liatl nut delHxTately leave

fur Salunlay wurk al straight Urne.

Section 21.3 (g) - Work Week Schedules

TlJe Company will not inst!Lule any adcl!t!onal work \Veek schedules that include SaLurday aL straight time.

ARTICLE 22 - JOB OPENINGS

Section 22.1 - Posting of Openings in Any Department

When _job openln.gs occur in the Cily or Hi,ghway Department coming within tlw scope or lhls Agreement. such openings will be poslecl on lhe bulletin board for llve (5) workinJ.~ days. Saturdays. Sundays and General Holidays excluded. ancl the employees may bid on such JolJ Openings. Vacancies shail !Je filled rrom amon.e, the applicants basec! on their seniority and qualifications. In the event of qualifications being equal. seniority shall govern.

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ARTICLE 23 - SUPERVISORS

Section 23.1 - Supervisors and Foremen

All supervisors and foremen shall be excluded from the bargaining unit and will not perform any work which falls within the scope of lhis Agreement. When supervisors and foremen are appointed a notice to that effect will be posted and maintained on a bulletin board.

Section 23.2 - Leadhands and Rate of Pay

/\ lcaclhancl shall be clefinccl as a person who may perform clock work and directs the work of others while performing Lhe clulies of a leacllmncl. l Ie shall nol have the authority to hire, fire, suspend or otherwise penalize other employees and he shall be a Union member. While drivin,e: such il person shall nol exercise his lcadhand premium. When leadhancls are lo be appointed by marmgcmenl, a bid will be posted and the leadhand will be selected accorc\in.e: to qualilkalions and seniority. However, il will be the sole responsibility of management lo make the final seleclion. provided that when qualifications arc equal the senior man will be ,given preference. It is understood thal Lhe cliffcrcnlial in wages for leadhands will be a minimum of Len cents ( JO<t) per hour in excess of the regular rate of pay.

ARTICLE 24 - PAY PERIOD

Section 24.1 - Pay Period Interval

The interval between pay clay:-; shall be no longer than two (2} weeks. and in lhe event the Company chan,ges from a one (1) week pay period lo a two (2) week pay period, three (3) clear months notice shall be given by the Company. Advances shall be made to employees on request to assi&t during the adjustment period. and such acljuslmem period shall not exceed three (3) months. All exchange costs on cheques to be paid for by the Company.

Section 24.2 - Issuance of Pay Cheques Prior . To Saturday or General Holidays or Shortages in Pay

The Company shall issue pay cheques in such a manner lhat all employees shall have at least one ( l) full banking clay prior lo a Saturday or a Genernl Holiday. Minor shorti.tges will be paid lhe fol!ov.ring pay period when brou,2;hl Lu the aUention of the Company. Shortages in excess or fi1lee11 clollars ($15.00) will be paid immedimely.

Night shift workers will receive their pay cheque prior lo Lhe completion of their last scheduled shift and in accordance with Article 24.2.

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ARTICLE 25 STUDENTS

Section 25. l - Students During Summer Months

Students may be hired on a full-LimC' basis for the summer months. May 1 sl to September 30th. and shall come under all pay regulations in this A,greemenL They shall pay lo tbc supporl of the Local Union the amount of the monthly

\Vhich shall chcckccl ancl are entitled lo shall not interfere with seniority rip;!1Ls full

Company shall inclicalc on a checkoff lf such an

ARTICLE 26 PART TIME HELP

Section 26. l - Part-Time Regulations

The agrees is necessary supplement normal force of conclllions shall apply:

Section 26. l (a) - Deduction of Dues

use Lime llel p Lo periods. the folluwillg

The Company ucl from all part-Lime p from lheir first pay ancl eacll month lhercaftcr an amount equal to union and such monies sl

fotwnrcled Lo appropriate Local Union as outlined in Article 2 with a list narnes sucl! persons r tile monies l'l'Il1ilted.

Section 26.1 (b) - Limitation on Hours

Where the hours of 'V'.'Ork or a part-time person exceed tet1 ( ! !!ours in any one \Veek. such person conditions of this A,e;reernent shall then

The Company agrees not to use back to back shiflt:i of part -lime personnel in place re)2;ular employees and not in this Article wili be used to defeat I he hiring of n:',:2;tdar employees such are available.

Laid employees shall be givell llic firs! opporlunily for part-time work, howevc'r, the daily guarantee shall not apµly.

~e«:;!.i..~n 2QJ.~~~ulation on New or Additional Part-time Help

The Company agret>s that where new or additional the Company will con!acl Lile Local Union. In the

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unable lo supply qualified persons. lhe Company shall obtain such help from any available source.

Section 26.1 (f) - Rates of Pay

Part-time help exclusive of bid off regular employees shall receive the same minimum scale as regular employees and arc cnlitled to the grievance procedure.

Section 26.1 (g) - Preference of Regular Employees on Shifts

Part-Lime help shall not be used on a shill or starting lime lo deprive regular employees their normal hours of work.

Section 26.1 (h) - Part-time Help Not To Deprive Hiring of Regular Employees

Where the Union establishes that parL-Ume help is bein,i.::; used where a regular ernploycc could be gainfully employed, the Company shall replace parttirne people one or more regular probalionmy employees.

Section 26.1 ( 1) - Procedure For Disputes

Where the Local Union feels that there is a violation ihe intent in the applicaUon the clauses. \\'ill meet lo discuss with the Local Union. !f no amicable solution can reached. the shall be subrniltcd to arbitration as outlined in Article G.

ARTICLE 27 - CASUAL HELP

Section 27.1 - Definition and Purpose of Casual Help

Casual help shall be defined as help supplied by source to replace n:'.gular employees who are not available for \.vork and where ·is an abnormal increase in freight in any one day and shall not be used eilher to circumvent the hiring of full lime lar emrloyees or the intent of part-time clause.

Section 27. l (a} - Local Union Pre_ference

No casual help will be employed from any source unUl the Local Union had the opporluniLy Lo supply help. Failure of U1e Local Unioll lo supply

help shall then allow the Company to en.e;a,ge from any t'Ource.

Wben a casual person is used more than ten ( l O) hours in any week. he shall then become a re.gular probatiornu-y employee or be replaced by a regular

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probationaiy employee.

Section 27.1 (c) - Rates of Pay

All casual help shall receive the same minimum scale as r-ee,ular em the department.

Section 27 .1 ( d) - Procedure for Disputes

for

Local Union that lhere is a of inlenl in lhe or lhe Companv will meel to discuss the vvlth

Cnion. Ir no amicable solution can reached a grievance s!Jall subrniilecl by the Local Union Lo Arbitration as oullinecl in Article 6.

Section 28.1

intent and purpose clause is lo ring periods

clrcurnvem lhe hiring ll time employees. Wl1en hlrecl by a Company. tbe [allowing conditions will apply:

Company shall nol or hire ou equiprneu~ lo ps deliveries unless all availabk and ruaclworllly equipmenl

is in ust'. ! 1!1e even tlw ;ilmH' crn1dilion is nwt

lu b

rquiprne11l. sucl1 equipmelll sltalL in all cases he L!w ty d1 an·

Company shall nol subcorilracL pick-up delivery operations when all available have beell ,given lhe opportunity to perform available work and aner I Local Union has been given t!1e opµonunily Lo provide extra llelp. \.Vlleu such work is sulJcon . prderence will be ,given lo firms l1aving a Colleclive A.~reemenL wiUi Uw Tearnslers L'nion.

Section 28. l {b) - Procedure for Disputes

Lhc Local Union thal there is a vlolaUon oi ll!e intent in the application of this l\rlicle. Company will meet to discuss the problem witl1 the Local Union. lf no amicablr solution can be Lhe ,grievanct' be­submitted to Arbitration as outliiwcl in Article 0.

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ARTICLE 29 - HEALTH AND WELFARE

The company agrees lo provide each eligible employee with Health & Welfare benefits under the Company's new Flex Health & Welfare Benefit Plan (subject lo the terms of lhe Plan as may be amended from time lo lime). comrnencin,g on the dale such Plan comes into effect (lhe "Plan Effective Date" currently anticipated to be in the Fall of 2005). The new Flex Plan shall provide three options for benefit coverage. Options 1, 2 and 3. The company may change the bendils insurer and lhe terms of Lhe Plan al any lime during lhe life of this A,12/eernenl and ·will inform such employees a month in advance before lhey implement such change.

The new Flex Plan premiums for each employee will be shared by the company and the t>rnployee wilh the company's share fixed at approximately 50°.{J of the total premium cost for Option 2, regardless or which Option 1, 2 or 3 the employee selects. The employee's share or the premiums shall be the balance of Lhe total premium owin,g for the opUons he or she selects and will be paid by \Vay of regular payroll deductions.

To compensate for this cost sharing arrangement on the Plan effeclive date, lhe company will provide each employee with a one time hourly base wage race increase calculated as follows: The employee's share of the monthly premium under OpUon 2 (re,e;ardless of lhe option selected) as of lhe Plan Effeclive Dale based on lhe employec-'s status, sin,gle or family, under the current benefit plan as of April 21, 2005 grossed-up lo cover any applicable La.xes and divided hy l 73.3 hours (represenUng lhe employee's regular scheduled hours per rnonlh).

Lrilil lhe Plan effecUve elate, employees under lhis Collective Agreement will parlicipale in lhe current company Health & Welfare Plan (subject lo the terms of ll1e Plan as may be amended from time to time) al no cost lo the employee.

An ernployee 1t1usl cumplelc a 90 clays µruuatiun µeriod lo uecorne eligible tu participate in ll1e Cornpauy Hea!U1 & Welfare Program.

ARTICLE 30 - GENERAL

Section 30. l - Moving Allowance

The Company a,t{rees lo bear Lhe cost of rnoviilg lhc furniture and other personal IJelon,t:;ings or any employee transferred al lhe Company's requesL lo anotl1er branch of llw Company.

Section 30.2 - Time Clocks

If the Company employs in its service five (5) or more people, 1.hey shall have a lime clock.

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Section 30.3 - Time Off To Vote

Personnel shall be allowed Lime off to vote in . Provincial or Municipal eleclions in accordance vvilh the appropriate statute.

All employees must elated recei all monies lurneci into

Should Lhe Company any employee to bonded. Lhe premium shall be paid by lhe Company.

Jn event of a death in . molher. spouse. son.

, g;ra ndchild, sisler-in-lavv and ' all

the necessary lime off and will applicable rate providing Lhe period

nve (5) chi.vs pay al lilt'

Llll" day uf dealli aml fun are working; clays. ff more lime is requ deaLll. a leave uf absem·e will be 11nu1lecl.

Section 30. 7 - Legislation Invalidating Agreement

Application of any Arlicle ur Appenclix l this 1L shall

Section 30.8 - Mergers

fn any Instance wl!ere a merger lakes place. or lhr Company pu Company. the Company w!ll meet. wilh

lo tile

operalir1g rights of Union to discuss the t and seniority ts any employees v~vhu may

purchase or purchasinf.( employt't'S of the purchased \Vili

with their and they will have their clovetailecl.

Section 30.9 - Hazardous Material

ll is agreed that employees handling hazardous material sha1l be supplied by the Company with all necessaiy equiprnenL rubber clothing, go,g{2;1es. etc. to protect the employee's person. No employee compelled to wear hard hats or safety glasses been used by persons unless items

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have been properly slerilized. Shunlers. dockmen, drivers and yardmen rcqucslccl io work in inclement weather will be provided with prolective clothin,e;.

Section 30.10 - Lunchrooms and Washrooms

The Company agrees lo provide clean. sanita1y and adequate appointments with respect Lo lunch rooms and washrooms and all rooms be provided with fire exits as required by law and aclequale heal.

Section 30.11 - Company Meetings

The Company shall pay the prevailin,e; hourly rates lo all employees compelled Lo attend Company meeLin,e;s.

Section 30.12 - Jury Duty Pay

If an employee is called for jwy duly on his normal ,,vorking clay the Company agrees Lo pay lhe equivalent of an ei,ghl (8) hour clay al straight time less lhe amount received for jury duty pay. it is undersloocl in Lhe application of lhis clause that if a day employee is released from jury duty prior Lo four (4) hours before the encl of his normal shifl, he must reporl for work as soon as possible Lo be entitled to lhis benefit. A night employee serving a full day on jury duly will rect>ive lhe above bt>nefits and \Nill not be required Lo report for work Umt nighl. A night employee who is released from jury duly prior lo 12:00 noun \,vii! reporl to work for his normal shift thal nighl.

Section 30.13 - l!lformation on Pay Slips

\Vhere iL is possible \Vith the accounUng equipmelll now in ut0e, the Company agrees lo show the number of regular ltuurs ancl tlle amount earned. ancl the rrnmber of uverlirne hours aml ll!e amourit earned. If the Company installs new equiprnenl, il is agreed L11e Cornpa11y will i11slall equipment thaL will supply the alJove me11Lioned infunrntUun. Ir U1e Company is presently supplying additional iI1fun11aUun over lhat listed above, il will coulinue to do so.

If the Company changes a time carcl or trip report. the Company agrees to noU!y Lhe employee in wrlling or such change as soon as possible anc! no later Limn by pay clay.

Section 30.14 - Pay For Training

Where lhe Company requires an employee lo Lake further training, the employee will be paid for all time spent in training.

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Section 30.15 - Confirmation of Discharge

Employees v\'110 are cHscharged will have their discharge confirmed in writing and their pay will be mailed by registered mail to his last known address within twenty-four (24) hours from the time of their discharge. Employees who lerminale their employmenl voluntarily shall haYe any monies O\,\'ing them paid no later lhan the following pay day.

will sup proper ::;afe cluck

lf an employee meets wtlti an accidcIJL aller slarliIJ.l.! wurk. incapal'iLaUr m carrying out ltis cluUes. lie ::;hall be paid !tis clay's wages for Llie

iiljury proviclir lie b 11ul receivln.i.:: eurnµensaliun pay Cur tlrnl pany shall su his 1 Lu a ur a duclur aucl ll1ence

Section 30.18 - Unsafe and Unfamiliar Equipment

Nu driver sllall lJe compelled Lu operale ur n ham!Hng equipment or equipment wilh which ht' is unfollliliar. Tlie e1npluyer slmll nut. require a person to lilt carry or rrHwt· anylh or in a rnamier as lo \Je Lo endanger his ur U1e snfelv ottler ptT~O! l.

Section 30.19 - Unsafe Working Conditions

No ernployet> shall be penalizecl if lie refuses IO work under concliUons which work hazardous or under comllUons to the Canndn r Code.

Section 30.20 - Sick Days Entitlement

full Lime associate as January 1. 2003 IJe enUL!ecl to 48 twurs or leave du cnlendar year. l\ev.r assoclatf's l1ired clu

at 3.5 per momh hire date. sick leave out to associ<ites em! or Vei1n i;iry i!w

following calendar year.

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ARTICLE 31 - MAINTENANCE OF STANDARDS

Section 31.1

Wl1ere in U1e opinion of the Local Union an area or operational practice has been changed, the Company will at the Local Union's request meet with a representative of the Union to discuss the problem. Such meeting must be held immediately, if possJble, but no later than three (3) days after being notified by the Union. Failing a satisfactory agreement, the Local Union may elect lo take the grievance to Arbitration as outlined in Article 6.

Section 31.2

Any practice which the employees are enjoying at the time of the signing of this Agreement which are in excess of the tem1s and conditions contained herein will continue to be maintained by the Company.

ARTICLE 32 - DURATION

Section 32.1 - Duration

The term of this Agreement shall be from January l"t, 201G lo December 3l>t, 2017. This Agreement shall be binding upon the parties hereto, their successors. administrators, executors and assiJ~;ns.

Dated at Toronto this /l_day of --:fltl1)v""J , 2016.

~ FOR THE UNION:

~~~----

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APPENDIX ''.A"

HOURLY RATED EMPWYEES EFFECTIVE JANUARY I, 2016

Firsl year or ernp $18.37 per hour

rale will 50 less per hour the ~)O days.

HOURLY RATED EMPLOYEES PRE 2010

ll ls agreecl lhal all employees on lhe current seniorily !isl will retain their currenl hourly \vage rate. acljusLecl for applicable increases, !or the lile or the collective ac;reement.

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APPENDIX ''B"

RULES AND REGULATIONS

For disciplinary measures, all infractions of Rules and Regulations shall be removed rrom lhe employee's record afler Lwelve monlhs.

shall deprive the a penalty through regular ,grievance

Rules and Penalties shall nol conllicL wiLh case conllicl il is agreed lhal lhese Rules and

of the machinelY. l:<:xisl.ing conlainecl 11erein. in

shall apply. All Laws shall be Lhe infraclions ol' the Highway

responsibility of the Company.

Any employee requeslecl lo accompanied by a steward.

for the receipt of an incident report may be

All

l.

(a)

and reprimands must be issued Lo ll1e employee in L\VO (72) hours from lime the infraction became known with a co

Local Lnion. othe1-v,rise the penalty or reprimand will be considered null void.

ACCIDENTS

Accidents for which Lhe employee is al

lack or action is a conlribulory factor. will reprimand lo

seriOL1S!1CSS Lhe degree

in disciplinary action according lo

or

Suspension for the investigation of an accidenl shall not exceed five days (Saturdays. and General Holidays excluded). Employees shall be paid for all lost lime clurin,~ said investi.~aUon period should H he found that they were not al frtulL

(c) Failure to report accidents as soon as possible in accordance with

[cl)

Company posled instructions ,~·ill result in employee being lo clismissal.

Employees in accic!enls will notified by lhe wlwLher the acciderll was a chargeable or a non-chargeable accident within thirty (30) days after the iast day of !he month in which lhe accident occurred.

2. EQUIF\1ENT

(a) Tampe1ing with lachograph, .e:ovemor or safety devices:

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m . . .

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(bl

(c)

(d)

(l')

3.

(al

(bl

(c}

Isl offence - one (1) week off 2nd offence - subject to dismissal

Failure to ensure that power equipment is properly serviced for ~asoline. oil and \:vat.er and all Ure pressures are checked before leaving the terminal. where required by the Company:

l st offence - reprimand 211cl offence - one ( 1) clay off 3rd offence - three (3) days off subsequent offenses - subject to dismissal

failure lo properly tmp car.c:o and equipment:

lsl offe11ce - reprimand 2nd offence - 011(' r l) clay off 3rcl offence - three (3) clays off subsequent offenses - subject to dismissal

f'ailun" lo report mechanical defects in equipment, ir k11own:

lsl offence - one (l) clay off 2ncl offence three (3) days off sulJsequenL offenses - sub_jccl Lu clisrnissal

L11auLi1urizecl use ur Cnrnpany mmor vehic [es:

!st u!Tence - repr!rn;n1d iu t11r~t~ (:=n cL1ys t1lT 2nd offence - sulJjec'l to clisrnissal

~=:ONDUCT AND BElfAVIOUf\

Consurnins:, i11loxicants or ille.::;al sLi1nula11ls wi1ile uri duly or uii tlw Company's prnperty:

1 sl offence - irnrnt'.di<de disillissal

Reporting fo1· clu!y while under the i1!11ucnce of ;rn iriLoxicarn ur an ille:.;al sUmulanl.

l SL offence - reprirnancl to one ( l l week off 2nd offence - subject to dismissal

Theft. dishonesty or willful darnage:

! sL offence - immediate dismissal

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(cl)

(e)

Rcccipl of garnishees against pay:

lst offence - reprimand 2nd offence - reprimand 3rd offence - subject to dismissal

Receipt of assignmenls againsl pay. Wage assignments will be treated in same manner as thal is:

Firsl cleduclion - 1·eprimancl deduclion -

Third cleduclion - SU lo dismissal \Vith exception of Wa,ge AssignmenLs made u a Courl Order of ConsolidaUon of Debts or issued by the Federal Government for unpaid income taxes, in which case each Wa.ge Assi,gnmeni will be lreated as a garnishee.

It is further Assignmenl Nol.ices, exclusive of Saturdays, nolified by his Assi.gnment lo oblain n garnishees or a Assignments and. if

in all cases of Order and employee \Viii up to three Sundays and from the dale

of lhe receipt lhe garnishee or release from the Division Court in the case

from Lhe in the case of release is obtained within the required Lime,

Assi,gmnenl will nol be counted against Ll1e Lhe ,garnishee or employee's record. il shall be the provided to lhe

ll ls unclerstoocl that if release is not in \\Ti

responsibillly to see wilhin Len 00}

a written verbal release.

Failure lo obey inslruclions of authorized personnel (names of µersuns in authority \>..'ii!

l sl offence - reprimand 2nd offence - one ( 1) day off 3rcl offence - Lhree (3) days off 4th offence - subject to dismissal

Deliberate disobedience of ordern of authorized personnel.

lsl offe11ce - sulJjecL Lo dismissal

all employee will not cllsd1ar,ged due lo of his driver's licence. Union and U1e Company will meel to discuss movement lO alternate work but no other employee 'Nill be laid off due to such move. and the employee moving sliall be placed at the bottom of the departmental seniority for work pref ere nee and Jayo ff. If Lhe employee regains his licence prior io job bid time. he will revert to his former position.

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4. REPORTS

(n) Deliberate falsificaUon of time cards or lrip rcporls:

(al

6.

(b)

(c)

(cl l

l st offence subject lo dismissal

Urivln,e; al exceed

in excess of Governmenl per hour.

speecl limits buL not lu

l st offence - reprlmancl 2ncl offence - one ( l) day off

offence three (~1) off offence - subjecL to dismissal

ATTE\!DA\Cf~

Faiiure Lo notily lhe Company nol less than one ( l) hour time i..vhen unable lo report witil explanalion:

l st offence reprimand 2nd 3rd - subject Lo dismissal

work wll110u1. a renson able arwtion:

regular

employee abscnL due LO rnusL su ng evidence saUsfaclory to Mana~cmenl when required.

is absent without permission on ettl1f~r his normal sh a Holiday shall be subject lo:

2nd 3rd - lhree (3) days off

H is understood the penalty musL be given within two weeks immediately following a General Hullday. Absences bona fide illness ami reasonable explanations excluded.

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LEITER OF UNDERSTANDING #1

f Jl'tmel'/ 1

CANADA CINEMA DISTRIBUTION INC. [formerly Technicolor Cinema Distribution]

[formerly Thomson Multi Media (dba)] (hereinafter referred to as the ''Conipm11; 11

)

a11d

TEAMSTERS LOCAL UNION 938 affiliated with the

fotcmational Brothcrlzood of Teamsters (/ierci11after referred to as tlze 'lllliou ")

Employees shall have ll1e opUon of selecling U1eir vacalion. In Lhe event an employee lakes a weeks vacation, other lha11 lhe shul down al Christmas ancl New Years, it will be al the mutual consent of the employee and lhe employer which will not bl" unduly wilhhelcl.

No more Umn one ernpluyee urn be un \'acaliun al U1e same lime. The choice of weeks will be clone by seniority. Eutpluyees will give as much nolice or the weeks holiday as possible. but canlloL give notice or less Lhan lwo weeks.

ll is clearly u11dersLood t.hal employees Laking a weeks vacation other than Christmas and New Years. will nut. receive lhe weeks salmy clurinJ:~ shutdown.

Ddled al Toronto this LE_ day or -;J;yv~, 20 lG.

FOR THE UNION:

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LETTER OF UNDERSTANDING #2

CANADA CINEMA DISTRIBUTION INC. [fonnerly Technicolor Cinema Distribution}

ifonnerly Thomson Multi Media (dba)J (hereinafter referred to ns the "Compa11y ")

n11rl

TEAMSTERS LOCAL UNION 938 affiliated wit/i tlzc

Intcmatiu1rnl Brotherhood of Teamsters (/1erei11aftcr referred to as the "U11io11 ")

E:li,gible employees under lhis Collecti\·e !\greement will participate in the Company's l-.1f'lirernent Savin1~s Plan ("RetiremEnl Plan") s11bjf'ct to the lerms nl' the Han as amended rrom Lime Lo lime. The Company will rnalrh tlw employee's contribution lo the Rt'gisterecl Retirement Snvings Plan ("RRSP") cornponenl or Lhe Retirement Plan on a dollar frir clollar basis to a maximum monthly employer conLribulion equal to ~i.0/o of' the employee's rnonthi:>' regular wa.ge rate earnir1gs (excluding overlime and sick clays bonus). The employer conLribulions shall be mac!e lo the Deferrecl Prol"il Sharin,g Plan ("DPSP") component of lhe Retirement Plan and shall be vesLecl immec!inlel.v. Employee contributions to the RR:-:JP shall be rnacte by way or re,gular payroll deductions.

An employee must complete a 0U clays probalion period lo be-come eligible to particlpale in the Company's Retirement Flan.

)-tfi;::2 ~ ... <:~~~----

I

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LETTER OF UNDERSTANDING #3

bct1ucc11

CANADA CINEMA DISTRIBUTION INC. [fonnerly Technicolor Cinema Distribution]

[fonnerly Thomson Multi Media (dba)J (hereinafter referred to as the "Company")

anri

TEAMSTERS LOCAL UNION 938 t~ffiliated -with the

International Brotherhood of Teamsters (heteinajter rcferrrd to as tf1e "Union'')

This will confinn our l that Lhe cleletion from Lhe Colleclive Agreement provisions concernin,g the Maintenance Department shall not be 1Tgarcled as

an abandonment by Lhe Lnion or it's right lo represent the Maintenance employees if the Company employs such pc·rsons in the future.

at Toronlo Lhis _ _1_6_ clay _:f(J.A/_~, 20 ! 6.

FJlR.THE COMPANY:

c_e_z?£~7---~'U""-Q£<'V'-_, -

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FOR THE UNION:

/ c/

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LETTER OF UNDERSTANDING #4

bct;ucen

CANADA CINEMA DISTRIBUTION INC. [formerly Technicolor Cinema Distribution]

[formerly Thomson Multi Media (dba)] (hereinafter referred to as tlzc "C ompa11y ")

ii/Id

TEAMSTERS LOCAL UNION 938 affiliated witlz tlzc

Intcrnationa l Brotherhood of Teamsters (lterei1111fter referrC'd to as tlzC' "U11icm "j

IL is agreed Lhal all Letters of Understanding will form an integral pan of the Collective Agreement.

Dated at Toronto this _Jjj_ day or ~1fA:t:y---· 2016.

FOR THE UNION:

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A MEMBER REMINDER ON WITHDRAWALS

Before a Withdrawal can be issued, the International Constitution and Local Union By­laws require that a member has paid all financial obligations to the Union.

WITHDRAWALS will, in future, be issued on request for the following reasons:

1.) if you are LAID OFF 2.) if you TERMINATE YOUR EMPLOYMENT 3.) if you are DISCHARGED 4.) . if you are on SICKNESS OR INJURY 5.) if you are on WORKERS' COMPENSATION 6.) if you are on PARENTAL LEAVE 7.) if you are on AUTHORIZED LEAVE OF ABSENCE

It is the sole responsibility of the member to apply for a Withdrawal immediately he or she is to be off work for any of the above reasons. Before the Withdrawal can be issued the member must have paid all dues or other financial obligations including the dues for the month in which the Withdrawal is applied for. The application must be sent within 2 weeks by the member directly to the Union office either in person. by mail. or fax.

The application for a Withdrawal is self-explanatory, but a// information needs to be completed.

Please follow this procedure so that you will always be in good standing in the Local Union. Withdrawal application forms are available from your Steward, the Union Office or downloaded online from our website at www.teamsters938.org.

PLEASE REMEMBER APPLYING FOR A WITHDRAWAL IS THE SOLE RESPONSIBILITY OF THE MEMBER.

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