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COLLECTIVE AGREEMENT BETWEEN AUTO TRANSPORT SERVICES LLC AND UNIFOR CANADA- LOCAL 444 January 2016 to November 2019

COLLECTIVE AGREEMENT BETWEEN AUTO TRANSPORT … · auto transport services llc and unifor canada -local 444 article page# article 1 - recognition 2 article 2 - union security 3 article

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Page 1: COLLECTIVE AGREEMENT BETWEEN AUTO TRANSPORT … · auto transport services llc and unifor canada -local 444 article page# article 1 - recognition 2 article 2 - union security 3 article

COLLECTIVE AGREEMENT

BETWEEN

AUTO TRANSPORT SERVICES LLC

AND

UNIFOR CANADA- LOCAL 444

January 2016 to November 2019

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COLLECTIVE AGREEMENT BETWEEN

AUTO TRANSPORT SERVICES LLC AND UNIFOR CANADA - LOCAL 444

ARTICLE PAGE#

ARTICLE 1 - RECOGNITION 2

ARTICLE 2 - UNION SECURITY 3

ARTICLE 3- UNION REPRESENTATION 6

ARTICLE 4- GRIEVANCE PROCEDURE 8

ARTICLE 5 -HARASSMENT FREE WORKPLACE 11

ARTICLE 6 - SENIORITY 14

ARTICLE 7 - WORKING HOURS 16

ARTICLE 8 -HOURLY WAGES AND BENEFITS 18

ARTICLE 9- LEAVE OF ABSENCES 22

ARTICLE 10- HOLIDAYS 23

ARTICLE 11 -VACATION AND PAID ABSENCE ALLOWANCE 25

ARTICLE 12- CAR HAULER DRIVERS 28

ARTICLE 13- HEALTH, SAFETY AND ENVIRONMENT 33

ARTICLE 14- HEALTH AND WELFARE 37

ARTICLE 15- PENSIONS 39

ARTICLE 16- GENERAL 40

ARTICLE 17 -HIGHWAY ROUTES 42

ARTICLE 18- TERMS OF AGREEMENT 44

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ARTICLE 1 -RECOGNITION

1.1 Employees Covered

a) Auto Transport Services LLC ((hereinafter referred to as the "Company"), does hereby recognize UNIFOR Canada Local Union 444 (hereinafter referred to as the "Union") as the exclusive bargaining agent for all employees, as defined in Article 1.1 (b), employed by the Company hereunder in the City of Windsor (present and future).

b) The term "employee" shall mean all hourly rated Car Hauler Drivers (drivers).

1.2 Management Rights

The Union recognizes that the Company has the exclusive right to manage the business and direct its affairs and working forces except as limited by the terms of this Collective Agreement.

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ARTICLE 2 -UNION SECURITY

2.1 Requirement ofUnion Membership

a) Employees covered by this Collective Agreement at the time it becomes effective and who are members of the Union at that time shall be required as a condition of continued employment to continue membership in the Union for the duration of this Collective Agreement.

b) Employees covered by this Collective Agreement who are not members of the Union at the time it becomes effective shall be required as a condition of continued employment to become members of the Union for the duration of this Collective Agreement, on or before the fortieth (40th) day following such effective date.

c) Employees hired, rehired, reinstated or transferred into a bargaining unit after the effective date of this Collective Agreement and covered by this Collective Agreement shall be required as a condition of continued employment to become members of the Union for the duration of this Collective Agreement, on or before the fortieth (40th) day following the beginning of their employment in the bargaining unit.

d) An employee who shall tender an initiation fee (if not already a member) and the periodic dues uniformly required as a condition of acquiring or retaining membership shall be deemed to meet the conditions of this Article.

e) Employees shall be deemed to be members of the Union within the meaning of this section if they are members and are not more than thirty (30) days in arrears in payment of membership dues.

2.2 Check-Off

a) The Company will deduct the Union initiation fee from the pay of an employee hired, rehired, reinstated or transferred into the bargaining unit after the effective date of this Collective Agreement. The initiation fee shall not exceed the maximum prescribed by the Constitution of the National Union at the time of the employee's hire, rehire, reinstatement or transfer.

b) Check-off of Union dues will be compulsory for all employees who come within the unit to which the Collective Agreement applies. It shall continue during the period of the Collective Agreement. The amount to be deducted shall be such sum as may from time to time be assessed by the Union on its members according to its Constitution.

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2.3 Deductions

Deductions shall be made only in the conditions and circumstances relating to the payment of dues laid down by the Constitution and By-laws of the Union and the provisions of the Collective Agreement. The deduction on the records of the Company shall constitute the sums so deducted as money held by the Company in trust for the Union Local.

a) Time OfDeductions

1. The initiation fee will be deducted from the pay of an employee at any time within thirty (30) days after the employee becomes a member of the Union as provided in the above-mentioned provision.

11. Check-Off deductions for Union membership dues will begin in the month in which the employee becomes a member of the Union. Thereafter, in each succeeding month, Union membership dues then due and owing will be deducted in the calendar month.

b) Pay Periods In Which Deductions Are Made

Union membership dues for the current calendar month will be deducted from the pay received by the employee for the first pay period falling in the month. If an employee does not have sufficient net earnings in the first pay period falling in the month, a Union membership dues deduction will be made in the next subsequent pay period ending in the month in which the employee has sufficient net earnings to cover such deduction, and not thereafter.

c) Other Dues Deductions

If an employee does not have sufficient net earnings in a pay period in a calendar month for the deduction of dues as provided in Paragraph (b) of this section of the Collective Agreement, such dues will be deducted in a later calendar month, provided the employee has sufficient net earnings to cover such deduction, and provided the designated Human Resources Officer of the Local Union gives notice in writing to the Hourly Payroll Department or Labour Relations, specifying the employee, the employee's master number, the amount to be deducted and the month or months for which the deductions are to be made.

d) Refunds

In cases where a deduction is made that duplicates a payment that an employee already has made to the Union, or where a deduction is not in conformity with the provisions of the Union Constitution and By-laws, refunds to the employee will be made by the Local Union.

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e) Remittance ofDues to Financial Officer

At the end of each week in which deductions are taken, the Company shall remit by cheque the total of the deductions to the Union. The Company will also furnish to the designated financial officer of the Local Union a list of the names of employees for whom Union membership dues have been taken. By the 1Oth of each following month a list shall be provided to the Local Union of employees for whom dues were deducted and not deducted.

f) Disputes Concerning Check-Off Except as otherwise specifically provided or dealt with, any dispute as to a violation or interpretation of any provision respecting Check-Off shall be a matter for the grievance procedure.

2.4 Indemnification

The Union shall indemnify and hold harmless the Company against any and all liability which may arise by reason of the deduction by the Company of money as Union initiation fee and membership dues from employees' wages.

2.5 Union Bulletin Boards

The Company agrees to permit posting of any notice of Union bulletins or functions on a bulletin board conspicuously placed and provided for that purpose.

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ARTICLE 3 - UNION REPRESENTATION

3.1 Unit Chairperson

a) The Union shall elect or appoint and the Company shall recognize a Unit Chairperson.

b) The Unit Chairperson will be paid their hourly rate.

c) The Unit Chairperson will be allowed to function one (1) predetermined day per week up to a maximum often (10) hours.

d) The Unit Chairperson will have the highest seniority as long as he/she serves in this position.

3.2 Union Chairperson Alternate

The Company will recognize an alternate representative who will act in the absence of the Unit Chairperson.

3.3 Company/Union Meetings

a) The Company will meet with the Unit Chairperson to resolve issues that either party may raise regarding the administration of the Collective Agreement.

b) A party wishing to raise an issue will inform the other party of its agenda issues before each meeting.

c) The Company and the Unit Chairperson will determine those parties required to be m attendance.

d) The Company shall provide a meeting room.

e) The Unit Chairperson shall utilize his/her ten (10) hour maximum, as outlined in Article 3.1(c).

3.4 Location Access

The President of the Local Union and/or his/her designate and/or the National Representative of the Union shall be granted admission to the location covered by this Collective Agreement on the understanding that there shall be no interference with normal operations of business.

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3.5 Unit Chairperson Supplies

The Company agrees to provide the Unit Chairperson with the use of a phone, fax and where available a computer with printing capability. The Company will also provide a locking file cabinet and where possible a desk and chair.

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ARTICLE 4- GRIEVANCE PROCEDURE

4.1 Purpose

The purpose of this Article is to establish a procedure for the settlement of all disputes and grievances arising out of the interpretation, application and administration of the Collective Agreement as promptly as possible.

4.2 Definitions

The term "working days" when used in this Article, shall exclude non-scheduled work days, holidays and a shutdown resulting in the layoff of any employee(s) who either the Company or the Union believe will be of assistance in dealing with the grievance.

4.3 Grievance Procedure It is generally understood that an employee has no complaint or grievance until he/she either directly or through the Union has first given his/her immediate supervisor an opportunity to resolve the complaint.

Pre-Step - Any employee having a complaint shall first take the matter up with the supervisor within three (3) working days after the employee became known or ought reasonably to have become known of the complaint. The supervisor will make every reasonable effort to settle the complaint. If the complaint is not settled within two (2) working days it will be given to the Unit Chairperson who will meet with the supervisor and attempt to settle the dispute.

Step One - If the complaint in the Pre-Step is not satisfactorily resolved within two (2) working days the grievance may be reduced to writing and submitted to the appropriate Company representative within three (3) working days specifying the article of this Collective Agreement the union claims to have been violated. The Unit Chairperson and/or Local Union designate will then meet with the Labour Relations representative who then has five (5) working days to deliver a written answer.

Step Two- If the grievance in Step 1 is not satisfactorily resolved it shall be referred to the National Union representative. The National Union representative shall then meet and take the grievance matter up with the Company's Labour Relations Manager within twenty (20) working days from the Company's written answer in Step 1. The Labour Relations Manager then has five (5) working days to submit a written disposition to the National Union representative. If the grievance remains unsettled at the conclusion of Step 2, either party may refer the grievance to arbitration within twenty (20) working days of the written disposition from the Company to the Union.

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4.4 Arbitration

Where a difference arises between the parties relating to the interpretation, application or administration of this Collective Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, either of the parties, after exhausting any grievance procedure set forth in this Collective Agreement, may notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the first party's suggestions for an arbitrator. The parties shall then attempt to select a mutually agreeable arbitrator. If the parties fail to agree upon an arbitrator, the appointment shall be made by the Minister of Labour for the Province of Ontario upon the request of either party.

Decision of Arbitrator

The decision and/or award of the Arbitrator shall be final and binding upon the parties and shall be rendered within thirty (30) days ofthe close of the arbitration hearing.

Arbitration Costs

The Company and the Union shall each bear one-half (112) the cost of the fees and expenses of the impartial arbitrator and any rental facilities where the arbitration was held.

4.5 Grievance Time Limits

The time limits of the grievance procedure are mandatory and any extension of the time limits under the grievance procedure or for referring a grievance to arbitration must be made by mutual written agreement between the parties. The grievance will proceed through the process in accordance with the prescribed time limits.

4.6 Suspension or Discharge Grievances

Grievances alleging improper suspension or discharge may be presented at the Second Step within five (5) working days of the suspension or discharge.

4. 7 Group and/or Policy Grievances

The grievance procedure shall apply with any necessary modifications to a group grievance, a Company or Union policy grievance, any of which may be presented at the Second Step of the grievance procedure.

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4.8 Reinstated Grievance

During negotiations the parties acknowledged the desirability of ensuring prompt, fair and final resolution of employee grievances. The parties also recognize that the maintenance of a stable, effective and dependable grievance procedure is necessary to implement the foregoing principle to which they both subscribe. Accordingly, the parties view any attempt to reinstate a grievance properly disposed of as contrary to the purpose for which the grievance procedure was established and violation of the fundamental principles of collective bargaining.

4.9 Use of Past Record

For disciplinary measures, Management will not take into account any prior infractions of rules and regulations which occurred more than one (1) year from the date of such infraction with the exception of driving accidents which shall not be considered after eighteen (18) months from the last infraction date.

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ARTICLE 5 - HARASSMENT FREE WORKPLACE

5.1 The Company and the Union are committed to providing a harassment-free workplace. Harassment is defined as single or repeated incidents involving vexatious words or actions that is known or ought to reasonably be known to be unwelcome, and in relation to one of the prohibited grounds, as stated in the Ontario Human Rights Code. Particularly when these words or actions deny individual dignity and respect on the basis of such grounds as gender, disability, race, colour, sexual orientation, or other prohibited grounds. The workplace is defined as all areas of the facility, and includes areas such as offices, grounds, rest rooms, cafeteria, locker, staff room, conference rooms and parking lots. Harassment may take many forms : verbal, physical, psychological or visual. It may involve a threat or an implied threat or be perceived as a condition of employment. The following examples could be considered as harassment, but are not meant to cover all potential incidents:

• verbal abuse (name calling, insults, slurs, jokes or innuendoes) on any prohibited ground • insulting actions directed at an individual's protected attributes (rude gestures, physical

intimidation or assault, vandalism, practical jokes) • refusal to associate or work with an individual because of their age, race, colour, creed or

any other protected attribute • sexist jokes • unwelcome sexual flirtations, advances, proposals • unwanted physical conduct such as touching, patting, pinching • backlash or retaliation for the lodging of a complaint or participation in an investigation • Displaying visuals of a sexual, racial or otherwise sexual, racial or otherwise offensive

nature such as pornographic pictures, posters, graffiti, cartoons or simulation of body parts • Leering (suggestive staring) or other gestures

Harassment is in no way to be construed as properly discharged supervisory responsibilities including the delegation of work assignments, the assessment of discipline or any conduct that does not undermine the dignity of the individual. Neither is the policy meant to inhibit free speech or interfere with normal social relations.

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Filing a Complaint

If an employee believes that the employee has been harassed and/or discriminated against on the basis of any prohibited ground of discrimination, there are specific actions that should be taken to put a stop to it: • request a stop to the unwanted behaviour; • inform the individual(s) that is harassing or discriminating against you that the behaviour is

unwanted or unwelcome; • document the events, complete with times, dates, locations, witnesses and details;

If the harassment does not stop at this point, or if the harassed employee does not feel able to approach the alleged harasser directly the employee should: • Immediately report the harassment to the employee's Union representative and/or a

member of management

Informal Resolution Process

In minor cases, Management representative(s) may discuss the allegations with the Complainant, the alleged offender and the Union Chairperson with a view to reaching a solution. This process provides the parties with an opportunity to resolve relatively straightforward complaints in an expeditious manner.

If no informal resolution is achieved, the Complainant or the Union may ask that the matter be formally investigated.

Investigation Process

The person receiving the complaint will advise the local Human Resources representative, who will arrange an interview with the complainant as soon as possible. The interview and subsequent investigation will be carried out jointly by the Union and the Company.

The investigator shall:

• Interview the Complainant and the alleged harasser as soon as possible. • Interview any witnesses and review the pertinent documentation. • Document the findings of the investigation.

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Resolution of Investigation

If a harassment complaint is proven valid, appropriate corrective action will be taken against the offending employee.

All parties involved in a complaint, including any witnesses, must maintain strict confidentiality throughout the process. Reprisals against any party in this process will be dealt with immediately.

The complaint, if unresolved, will be inserted into Step two (2) of the grievance procedure for resolution. The parties agree that this procedure is an alternative complaint procedure and as such, complaints should not be pursued through both the grievance procedure and the Human Rights complaint procedure.

If it is determined that the complaint has no validity, and was, in fact, lodged with malicious intent, the initiator of the complaint may be subject to action under the misconduct rules outlined in the Employee Guide.

Right to Refuse

An employee alleging harassment in the workplace is encouraged to use the above procedure to resolve a complaint. However, it is agreed in principle, that in serious cases or when the safety of an employee is being threatened, it may be necessary for that employee to leave the job. In such case, the complainant advises their supervisor, who in tum advises the Union representative.

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ARTICLE 6- SENIORITY

6.1 Purpose

Seniority shall be the determining factor governing work preference, layoffs and recalls.

6.2 Seniority Employee

For the purpose of Articles 8, 10, and 11 the word "employee" means an employee who acquired seniority.

6.3 Seniority Lists

The Company will provide the Local Union office with a seniority list including employees address and provide any changes or updates to this list as they occur.

6.4 Layoff and Recall

a) In the event of a layoff, the Company shall consider (a) seniority of the employee, and (b) skills, ability, qualifications and experience of the employee, and if the criteria expressed in (b) are relatively equal, the employee's seniority shall be the determining factor.

b) Notwithstanding the above paragraph, on mutual agreement between the Company and the Local Union, arrangements may be reached for voluntary or inverse layoff out of seniority order.

c) The Company, when reasonably possible, will give twenty-four (24) notice of layoff to employees.

6.5 Probationary Employees

a) New hires shall be considered probationary employees for the first ninety (90) calendar days (the "probationary period") of their employment during which time their employment may be terminated at the sole discretion of the Company

b) Upon completion of the probationary period, the employee shall be placed on the seniority list with their seniority date reflecting their date of hire.

c) Probationary employees temporarily separated during their probationary period and are subsequently reinstated, shall be required to complete their probationary period and upon doing so will have a seniority date reflecting their date of hire with the Company.

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6.7 Loss of Seniority

An employee's seniority rights and employment relationship shall be terminated for any of the following reasons:

a) the employee quits or retires;

b) the employee is discharged for proper cause and not reinstated pursuant to the provisions of the grievance and/or arbitration procedures;

c) the employee is absent from the Company for three (3) consecutive working days and fails to provide a reason satisfactory to the Company;

d) the employee fails to return to work from a layoff within five (5) working days after issuance of the Company ' s notice of recall by registered mail to the last address shown on the Company's records unless the employee furnishes reasons satisfactory to the Company for such failure;

e) the employee is laid off for a continuous period equal to the seniority he/she had acquired at the time of such layoff but no longer than twenty-four (24) months;

f) the employee is laid off as a result of his/her inability to maintain a Fast Card or Driver's License and fails to return to work within twenty-four (24) consecutive months .

g) the employee has exhausted Weekly Indemnity Benefits and is unable to perform any available work and has been absent from work for sixty (60) consecutive months.

h) the employee gives false information on the employment application (within twelve months of application), a false reason for obtaining a leave of absence, false information during an investigation, is gainfully employed elsewhere during the period of any leave of absence, or fails to report to work on the first working day after the expiration of any leave of absence granted by the Company without securing an extension in writing of such leave of absence;

i) the employee's inability or failure of any employee to obtain/maintain a surety bond.

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ARTICLE 7- WORKING HOURS

7.1 Work Week Defined

The regularly scheduled workweek starts at 12:01 a.m., Monday, and ends 168 hours thereafter, except for those employees on third shift operations starting Sunday night in which case their regularly scheduled workweek starts with the beginning of their shift Sunday night and ends 168 hours thereafter.

7.2 Work Schedule

a) The standard work week shall be eight (8) to ten (10) consecutive hours a day and five (5) consecutive days a week.

b) A day shall mean twenty-four (24) hours from the starting time of shifts.

c) In an effort to maintain efficiency of operations, employees may be dispatched in advance of their scheduled start time.

d) The Company will have the right to alter start and end times of any shift by up to two (2) hours and will provide notice as far in advance as reasonably possible. During times of plant downtime it is agreed that the Company and the union will work together to consolidate the workforce onto a common shift.

e) The Company will have the right to alter work schedules and operating patterns. Employees will be given a minimum of twenty-four (24) hours notice of any such changes.

f) As determined by the Company, drivers will be required to work Saturdays. In situations where the Windsor manufacturing operations are not scheduled on a Saturday, the Company will have discussions with the Union on how best to secure the required workforce.

7.3 Required Time Off- Commercial Vehicle Drivers Hours of Service Regulations

Compulsory minimum time off will be as stipulated in the Commercial Vehicle Drivers Hours of Service Regulations, including but not limited to :

a) no driver shall drive after the driver has accumulated thirteen (13) hours of driving time in a day unless the driver takes at least ten (1 0) consecutive hours of off-duty time before driving again;

b) no driver shall drive after the driver has accumulated fourteen (14) hours of on-duty time unless the drivers takes at least ten ( 1 0) consecutive hours of off-duty time before driving a gam;

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c) a driver who is following a seven (7) day cycle shall not drive again in that cycle after accumulating seventy (70) hours of on-duty time during any period of seven(7) days or during the period beginning on the day on which the cycle was reset.

7.4 Call In

An employee reporting to work on management's instructions but for whom no work at the employee's regular job is available will be offered at least four ( 4) hours employment at some other work at the employee's regular hourly rate. This provision shall not apply when the lack of work is due to a labour dispute, fire, flood, or other cause beyond the control of management.

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ARTICLE 8- HOURLY WAGES AND BENEFITS

8.1 Classifications and Wage Rates

The hourly rates shall be maintained for the life of the agreement.

Car Hauler Drivers

1. Employees hired pnor to January 24, 2016 will be subject to the following wage prOVISIOns:

• Effective January 25,2016, maximum hourly base rate of$23.15 • Effective December 05, 2016, maximum hourly base rate of $23.40 • Effective December 04, 2017, maximum hourly base rate of $23.65 • Effective December 03, 2018, maximum hourly base rate of $24.50

n. Employees hired on or after January 24, 2016 will be subject to the following wage prOVISIOns:

Maximum hourly base rate of $24.50.

• Hired at minimum hourly base rate of $20.50. • Sixty-seven Cent ($.67) base rate increase after the first year anniversary; • Sixty-six cent ($.66) base rate increase after the second year anniversary; • Sixty-seven cent ($.67) base rate increase after the third year anniversary; • Sixty-six cent ($.66) base rate increase after the fourth year anniversary; • Sixty-seven cent ($.67) base rate increase after the fifth year anniversary; • 100% of maximum hourly base rate of the job classification after the sixth year

anmversary.

8.2 Shift Premiums

A shift premium will be paid to all drivers for all hours worked on shifts, except those shifts starting between the hours of 4:00 a.m . and 11:00 a.m. The shift premium shall be $0.75 per hour.

8.3 Overtime

a) Time and one-half will be paid for hours in excess of forty ( 40) incentive hours paid in the Work Week.

b) Double time will be· paid for hours worked on a Sunday, provided forty ( 40) incentive hours are paid in the Work Week.

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c) The allowance of overtime or premium (other than shift premium) for any hour or part of an hour excludes that hour from consideration for premium pay or overtime on any other basis, thus eliminating any pyramiding of overtime or premium payments.

d) Bereavement, Jury Duty and approved Union Business hours paid will be included in the accumulation ofweekly incentive hours.

8.4 Jury Duty

If a seniority employee is called for jury duty on his/her normal working day, the Company agrees to pay the equivalent of ten (1 0) hours straight time for all drivers. Once called for jury duty, the employee will not be expected to report to work that day. Jury duty is not paid to an employee absent from work due to being called to serve as a result of a Subpoena or Summons.

8.5 Bereavement

When a death occurs in an employee ' s immediate family, a seniority employee will be excused after making written application and satisfactory substantiation is submitted to the Company

Bereavement will be paid up to twenty-seven (27) hours and will be taken in ten (1 0) hour segments for two (2) scheduled working days and one (1) scheduled working day taken in a seven (7) hour segment in which the employee may choose to report to work for the remaining three (3) hours or take it off without pay or penalty. An employee who is eligible to receive Bereavement Pay must use such days within a ten (10) calendar day window commencing the day following the date of the death.

Immediate family is defined as:

Father, mother, spouse, current common-law spouse, brother, sister, step-parents, step- -son/daughter, son, daughter, son-in-law, daughter-in-law, mother-in-law, father-in-law, sister-in­law, brother-in-law, grandparents, grandchildren, grandparents-in-law, legal guardian, still born baby.

Note: Stillborn is defined as the delivery of a deceased baby after the 20th week of pregnancy, loss of baby before the 20th week of pregnancy is considered a miscarriage.

8.6 Employees Attending Meetings

The Company shall pay the prevailing hourly rates to employees to attend Company meetings, other than meetings provided for under this Agreement or meetings requested by the Union and agreed to by the Company.

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8.7 Point to Point Standards

Drivers will be paid according to the following Point to Point Standards:

• Zone #1 to Zone #1 2.0 hrs

• Zone #1 to or from Zone #2 2.0 hrs

• Zone #1 to or from Zone #3 2.3 hrs

• Zone #1 to or from Melvindale 3.5 hrs

• Zone #1 to or from Jefferson 3.5 hrs

• Zone #1 to or from Detroit Axle 3.5 hrs

• Zone #1 to or from Charlevoix 3.5 hrs

• Zone #1 to or from Fort Street 3.5 hrs

• Zone #1 to or from New Boston 4.0 hrs

• Zone #1 to or from Sterling Heights 4.0 hrs

• Zone #1 to or from Woodhaven 4.0 hrs

• Zone #1 to or from Flat Rock 4.0 hrs

• Zone #1 to or from Warren 4.0 hrs

• Zone #1 to or from Taylor 4.0 hrs

• Zone #1 to or from Metro Airport 4.0 hrs

• Zone #1 to or from Yost (Bellville/Canton) 4.0 hrs

• Zone #1 to or from Troy 4.0 hrs

• Zone #1 to or from Stickney, Bf Nitro Creek, Ottawa South 5.5 hrs

• Zone #1 to or from Auburn Hills 5.5 hrs

• Zone #1 to or from Hill Toledo 6.0 hrs

• Backhaul will pay an additional 2 hours.

o Repositioning will pay 1 hour additional on backhauls where a driver has to go

from south of the Ambassador bridge to north of the Ambassador bridge.

o Repositioning will pay 30 minutes additional on backhauls where a driver stays

either north or south of the Ambassador Bridge.

• Zone #1- Detroit River on the north, Huron Church on the west, Pilette on the east and

Windsor city limit on the south

• Zone #2- Detroit River on the north, Pilette on the west, Lauzon Road on the east, and

Windsor City limit on the south

• Zone #3- All areas outside of Zone #1 and Zone #2 but still within Windsor city limits

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• Any new or relocation of pick up areas resulting in a new or changed point to point

standard will be discussed between the Union and the Company prior to

implementation

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ARTICLE 9 - LEAVE OF ABSENCES

9.1 Leave of Absences Greater than Thirty (30) Days

Leaves of absence in excess of thirty (30) days will not be granted until a request is submitted in writing to the Company and approved by the Company. The Company agrees to exercise reasonable discretion.

9.2 Union Leave of Absences

a) The Company agrees to grant employees who are on a union leave of absence for UNIFOR Canada an indefinite leave of absence to work for UNIFOR Canada.

b) Employees will continue to retain and accumulate seniority. c) Such leave of absence shall be revocable upon seventy-two (72) hours ' notice by the

employee.

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ARTICLE 10- HOLIDAYS

10.1 Holidays Designated

The Holidays shall be designated as follows : New Year's Day Good Friday Monday after Easter Friday before Victoria Day Victoria Day Canada Day Friday before Labour Day Labour Day Thanksgiving Day Remembrance Day Christmas Holiday Period (December 24th to the 31 st) (Holidays listed above will fall on the same dates designated in the FCA- Unifor P&M Agreement listed in Appendix A)

10.2 Holiday Pay

Employees shall be paid eight (8) hours pay at the employee's regular hourly rate as set forth in Article 8.1. Holiday pay will count toward accumulation for incentive hours for the week unless the desired workforce for the holiday was not achieved and the employee refused the work opportunity.

10.3 Holiday Pay Eligibility

Employees are eligible for holiday pay providing:

a) they have seniority as of the date of the holiday;

b) they would otherwise have been scheduled to work on such day if it had not been observed as a holiday;

c) they have worked the last scheduled working day prior to and the next scheduled working day after such holiday within the scheduled Work Week.

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10.4 Working a Holiday

In addition to the Holiday pay as set out in Article 1 0.2, an employee who is required to work on one of the Holidays as listed above shall be paid for such time worked on the following basis :

Drivers shall be paid double their regular point to point rate for the work, for all hours worked

between 12:01 a.m. and 12 midnight.

10.5 Failure to Report for Holiday Work

Employees accepting holiday work assignments and then fail to report for and perform such

work, without reasonable cause, shall not receive holiday pay.

10.6 Employees Laid Off

Seniority employees who have been laid off in a reduction of force during the workweek prior to or during the week in which the holiday falls, shall receive pay for such holiday. When an eligible employee is on layoff and returns to work following the holiday but during the week in

which the holiday fell, the employee shall be eligible for pay for that holiday.

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ARTICLE 11- VACATION AND PAID ABSENCE ALLOWANCE

11.1 Vacation Pay and Paid Absence Allowance

a) Less than 1 Year Employment: All employees with less than one (1) year's employment shall receive vacation pay in accordance with the Canada Labour Code.

b) Greater than 1 Year Employment: On June 30 of each year the Company will establish basic payment in lieu of vacation with pay and provide a Paid Absence Allowance (P AA) to eligible hourly employees who have worked for at least 26 pay periods in the vacation eligibility year (the year including the pay period in which May 31 occurs and the preceding 51 pay periods) as follows:

Seniority on June 30 of the Basic Payment in Lieu Paid Absence Vacation Eligibility Year of Vacation With Pay Allowance

1 but less than 2 years 80 hours 0 hours

2 but less than 3 years 80 hours 0 hours

3 but less than 5 years 60 hours 40 hours

5 but less than 10 years 80 hours 40 hours

10 but less than 15 years 100 hours 40 hours

15 years or more* 120 hours 40 hours

*Hired on or after the agreement effective date within one (1) year of full launch

Employees that qualify for greater than 80 hours of vacation will receive the greater of the amount payable per vacation schedule above and four (4) percent of gross earnings effective June 2016, five (5) percent of gross earnings effective June 2017, and six (6) percent of gross earnings effective June 2018 and beyond.

a) 1. An employee may use the hours credited to his/her Paid Absence Allowance in units of no less than one-half (1 /2) day periods for: excused absence because of illness; or absence that his/her supervisor has excused because of personal business; or as payment for a vacation leave of absence. A request for Paid Absence Allowance by an eligible employee made subsequent to such absence will be approved for payment, but such payment shall not make such absence an excused absence or preclude Management from considering such absence as the basis, in whole or in part, for disciplinary action.

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11. Any portion of an employee's Paid Absence Allowance that the employee does not use in the form of paid absences during the vacation payment year (the pay period following the pay period in which May 31 occurs and the next 51 pay periods) wi ll be paid to the employee at the time the Company makes its payment in lieu of vacation with pay in the following payment year. An employee permanently separated shall receive any remaining unused Paid Absence Allowance within thirty (30) days after the Company receives notification of his/her separation or promotion.

111. Employees who submit a ~ritten request for payment of deferred Paid Absence Allowance at least one week in advance of the requested payment date will receive payment ofthe full amount of the employee ' s remaining Paid Absence Allowance.

11.2 Vacation Pay and Paid Absence Allowance Eligibility

The number of hours of the basic payment in lieu of vacation with pay and Paid Absence Allowance to which an eligible employee shall be entitled shall be based on the employee ' s seniority on June 30 of the vacation eligibility year and the number of pay periods during which the employee worked during the eligibility year. An eligible employee shall be entitled to a percentage of the basic payment in lieu of vacation with pay and Paid Absence Allowance as follows :

Pay Periods Worked in the Paid in Lieu of Vacation Vacation Eligibility Year With Pay & P AA

26 or more 100% 25 96% 24 92% 23 88% 22 84% 21 80% 20 76% 19 73 % 18 69% 17 65% 16 61% 15 57% 14 53% 13 50%

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An employee disabled from work by compensable injury shall accrue credit toward pay periods worked for pay periods the employee would otherwise have been scheduled to work during the period of compensable disability provided such employee works at least one pay period in the eligibility year.

11.3 Designated Holidays during Vacation

Any of the Holidays as listed in Article 10.1 falling within an employee's annual vacation period, will be paid for at the rate of a normal day's pay as set out in Article 8.1, provided the employee is qualified for Holiday pay in accordance with Article 10.3.

11.4 Scheduling Vacation

a) Vacation period begins the pay period following the pay period in which May 31 occurs and the next 51 pay periods.

b) The choice of vacation periods shall be by seniority in each classification.

c) Employee must submit vacation requests by April 1st. The final vacation schedule will be posted by June 1st however can be changed by mutual agreement with the Company and employee.

d) Employees must take their vacations in "Weekly Increments".

e) Employees qualified for more than two (2) weeks' vacation will be restricted to two (2) weeks during the recognized summer vacation periods.

f) Eligible employees may elect to be paid all or part of the employee's basic payment in lieu of vacation with pay at the time the employee takes vacation leave of absence (less the amount(s) paid for the one (1) or two (2) weeks of vacation shutdown).

g) Employees who are qualified for three (3) weeks' vacation may use two (2) of those weeks to offset days lost due to Workers' Compensation, Sickness & Accident days or layoffs providing this is not used to increase benefit entitlement.

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ARTICLE 12- CAR HAULER DRIVERS

12.1 Driving Assignments

Car hauling assignments shall be distributed annually based on the seniority list of the operation; however, the Company retains the right to redistribute drivers based on business requirements. If a major change in the operation occurs which may affect the annual bid, the unit chairperson in consultation with the committee shall meet with the Company and if mutually agreed upon will have a rebid reflecting the change in operations.

12.2 Recording Times- Trip Sheets

During the term of this Agreement an accurate record of driver's times shall be recorded which can be checked by the Unit Chairperson or a Local Union representative upon request.

12 .3 Delay Rate

Delay time will be compensated provided the specific incident exceeds a minimum of ten (10) minutes of verifiable delay. Delay must be approved by supervision and will be compensated from the start of the delay. Delay is exclusive of time spent doing their normal work.

The Company may at its discretion, require a driver to sign a Statutory Declaration; this is of the same force and effect as a statement made under oath and by virtue of the Canada Evidence Act, in which he shall set forth the causes to the best of his knowledge and belief for such breakdowns and/or delays occurred. In the event of a breakdown or other allegedly unavoidable delay occurring in areas without supervision, the driver shall contact the Company's office for instructions.

12.4 Vehicle Inspection

The driver hourly rate shall include the normal preparation of the vehicle and storing of equipment at the home terminal. It shall be the responsibility of the driver to check oil, fuel, tires , water and lights on equipment. Any defects in same shall be immediately reported to the maintenance department at the home terminal. In the event the employee is on the road, they shall notify the appropriate personnel.

12.5 Fast Cards

The Company will reimburse drivers for their Fast Cards.

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12.6 Miscellaneous Expenses

The Employer agrees to provide all employees at time of dispatch with the necessary bridge and /or toll cards. It is further agreed that where drivers have paid for road purchases, sleeping accommodations and telephone calls, as required by the Company, that they be reimbursed for these monies upon return to their horne terminal.

12.7 Equipment

a) It is to the mutual advantage of both the Company and the employee that employees shall not operate vehicles which are not in safe operating condition and not equipped with the safety appliances required by law.

b) It shall be the duty of employees to report promptly in writing to the Company all known defects in equipment. It shall be the duty of the Company to maintain all vehicles in safe operating condition in accordance with the Ministry and Department of Transport regulations. The maintenance of equipment in sound operating condition is not only a function, but a responsibility of management. The determination of, as well as the responsibility for all decisions in regard to the condition of equipment shall rest with the senior qualified representative of the Company on the premises. It shall not be a violation of this Collective Agreement where employees refuse to operate such equipment after the employee has advised the Company in writing of the defects in the equipment as provided above unless such refusal is unjustified.

c) It shall be the Company's responsibility to provide adequate ramp tie downs and other safety securing devices for carrying equipment on all combination vehicles.

d) Having regard for the safety and driver health factor, all power equipment shall have adequate heaters, arctic windshield wipers during the winter months, defroster windshield washers, proper windshield washer fluid, fire extinguishers, aluminum ramps and safety catwalks where necessary. Further having regard for the safety and health factor, the Company will supply bunks, slider bunks and ramps of a reasonable weight, take cognizance of the location of the diesel stacks, maintain equipment with a reasonable noise level and have due regard for the cleanliness of equipment. All new equipment added to the fleet shall have cloth seats, if available, pneumatic air bag suspension systems, CB power source, fog lights and proper mud flaps. Where power equipment is purchased or leased by the Company, equipped with radios, such radios shall not be removed by the Company.

e) All equipment will come equipped with an AM-FM radio. Malfunction of radio will not be cause for booking equipment but will be attended to at the next preventative maintenance check.

f) Equipment with a single seat will have a compartment built in for driver's equipment, gloves, etc.

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g) All equipment used or operated shall have hydraulic equipment placed outside the cab and all diesel equipment shall have the exhaust stacks placed on the right side in an upright position; except where such equipment is equipped with an electric hydraulic system.

h) New or used equipment introduced into the fleet shall be properly attenuated by the manufacturer so noise will not exceed the Government occupational exposure requirements.

i) All equipment added in the fleet will be equipped and functional with the following items: Air conditioning

• Stacks to be upright and on the right side • Retractable seat belts

Proper sized fog lights • Air valves to be provided on power equipment and trailers

Power equipment capable of maintaining 100 kilometres per hour under normal driving conditions

• Cloth and high back seats if available from the manufacturers on units ordered after this date

• Non asbestos brake linings • Intermittent windshield wipers • Arm rests • Adequate lighting for night loading and unloading • Heated mirrors

j) Each driver will be supplied with proper fonns on which he must report defects in equipment. The driver shall hand a copy of each such form he makes out to a member of management who shall sign the driver's copy of the form and return it to him. In addition, each driver will be supplied with tags or other marking devices upon which he shall note any defects in equipment and shall affix such tag or marking device to the equipment in a prominent place.

k) When a driver reports a defect in equipment, he must tag or mark the vehicle involved in such a manner so that any other employee will notice the defective equipment. It shall be the Company's responsibility to supply such tags or other marking devices. A completed copy of the work order will be attached to the tag left on the vehicle in order to show the work has been completed.

1) It shall be the responsibility of the Company to place a list outlining the necessary paper work and all safety equipment in each unit operated by the Company. Replacement equipment will be readily available at the terminal.

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m) All vehicles used for transportation of employees must have adequate ventilation. While being so used and including vehicles used for boosting services, driving will be done by members of the bargaining unit except at times when members of the bargaining unit are not readily available.

n) The Company agrees that all vehicles used in the transportation of employees be maintained to ensure that they are in safe operating condition. Recognizing that vehicle maintenance standards may vary depending on their application, this shall in no way comprise the Company's responsibility to maintain transportation vehicles in safe operating conditions.

o) The Company shall supply adequate ice scrapers where required in all operations.

12.9 Cargo

a) Any cargo loss or damage will be investigated by the Company. Circumstances where there is employee negligence may include corrective discipline up to and including discharge.

b) It shall be the responsibility of the driver to check all equipment such as tools , tires and accessories as listed on the bill of lading and to see that the cargo is free of damage before the vehicle is loaded. In the event a shortage or damage is discovered, it must be listed on the bill of lading and signed by the driver and the Company representative or the shipper of the vehicle if available. Drivers will not be held responsible for damages hidden due to inclement weather and other adverse conditions.

c) The Company shall assume full responsibility for damages caused by loads being over the height specified in the Highway Traffic Act (currently 4.15 metres) except damages that are directly due to the driver's negligence. The employee shall not be held responsible for damages or fines caused by over-height or over-length, except damages or fines that are directly due to the driver's negligence or carelessness.

12.10 Medical Evaluations

a) Any medical evaluation that is requested by the Company shall be promptly complied with by all employees, provided however, that the Company shall pay for all such evaluations. The Company reserves the right to select their own medical examiner or physician. If the Union feels an injustice has been done, they may elect to have the employee re-evaluated at the Union 's expense.

b) All employees must meet all applicable medical evaluation requirements including drug and alcohol testing regulations in accordance with the U.S. Department of Transportation and any random drug and alcohol testing thereafter . The Company shall determine the medical provider to conduct such medical evaluation and testing.

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12.11 Training Requirements

A rate of $30 per hour for up to 40 hours per week will be paid to the designated driver that will be training new drivers on the loading docks. This training does not include any in plant training or new driver orientation.

For on the road training a driver should receive an additional 2.5 hours of pay per day at the straight time rate.

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ARTICLE 13- HEALTH, SAFETY AND ENVIRONMENT

13 .1 Company Duties

The Company agrees to recognize its obligation to provide a safe and healthful working environment for employees that is compliant with all applicable regulatory requirements and Company Health and Safety policies.

13 .2 Joint Health and Safety Committee

a) A Joint Health & Safety Committee shall be established with the Local Union, to include at least two members chosen by the Union.

b) Two co-chairpersons shall be members of the committee. One co-chair shall be appointed by the Union, the other shall be appointed by Management.

c) Without limiting the generality ofthe foregoing, the committee shall:

i) Determine that inspections have been carried out by the co-chairs or designates. These weekly systematic S-58 floor audit inspections shall be made of places of employment, including buildings, structures, grounds, excavations, tools, equipment, machinery and work methods and practices including ergonomics assessment. Such inspections of all places of employment shall be completed annually to prevent the development of unsafe working conditions.

ii) Recommend measures required to attain compliance with appropriate government regulations and the correction of hazardous conditions.

iii) Consider recommendations from the workforce with respect to health and safety matters and recommend implementation where warranted.

iv) Hold meetings at least once a month for the review of: • Reports of current accidents and occupational diseases, their causes and means

of prevention; • Remedial action taken or required by the reports of investigations or

inspections; • Any other matters pertaining to health and safety

v) Record the minutes of the meetings which shall be signed by the co-chairs, distributed to the committee members, posted on the bulletin boards and sent to the local union and national union representative.

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vi) Have access to and promptly receive copies of all reports, records and documents in the Company' s possession or obtainable by the Company pertaining to health or safety as indicated in the part 2 of the code.

vii) Time spent by members of the committee in the course of their duties shall be considered as time worked and shall be paid in accordance with the terms of this Collective Agreement.

13.3 Right to Refuse

a) The Company shall ensure that all employees are informed that they have the right to refuse hazardous work which may harm them or any person and that signs are posted in the workplace advising them of this right.

b) When a worker exercises his or her right to refuse, he or she shall notify the supervisor who shall promptly notify the union co-chair or designate who shall participate in all stages of the investigation. The worker shall be reassigned to alternative work until needed to participate fully in the investigation of the hazard.

c) The Company shall ensure that no other worker is asked or permitted to perform the work of the worker who refuses unless the second worker is advised of the reason for the work refusal in presence of the co-chair and refusing worker.

d) If the union co-chair and the supervisor cannot agree on a remedy to the work refusal, the government inspector shall be called in.

e) No employee shall be discharged, penalized, coerced, intimidated or disciplined for refusing hazardous work.

13.4 Accident and Incident Inspections

Every injury or near-miss which involved or would have involved a worker going to a doctor or hospital must be investigated. The co-chairs or designate shall participate m the investigation ofthe accident or incident.

13.5 Education and Training

No employee shall be required or allowed to work on any job or operate any piece of equipment until he/she has received proper education, training and instruction. Such training shall include ergonomics training and chemical hazard training, as required by Code.

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13.6 Disclosure of Information

The Company shall provide the Union and the committee with written information which identifies biological agents, compounds, substances, by-products and physical hazards associated with the work environment as required by Government regulation. This information may include but not be limited to the chemical breakdown of trade name descriptions when obtained on a non-confidential basis, relevant information on potential hazards, results of testing to determine levels of contamination, maximum allowable levels, precautions to be taken, symptoms, medical treatment and antidotes.

13 .7 Right to Accompany Inspectors

The Union co-chairperson or designate shall be allowed to accompany government inspectors on an inspection tour and to speak with the inspector out of earshot of any other person.

13.8 Access to the Workplace

The company reserves the right to select and hire appropriate consultants for Health and Safety Services. The company agrees to permit the Union member of the local Health and Safety committee to participate in and observe Management measurement or sampling of the occupational environment.

13.9 Protective Clothing and Equipment

The Company shall provide for all safety equipment that is required by law or Company policy.

a) Prescription Safety Glasses

Where an employee must, because of his work, wear prescnptwn safety glasses, the Company shall provide prescription safety glasses to active employees provided the employee furnishes a prescription from the employee's own doctor or optometrist.

b) Safety Shoes

Should the Company policy require the wearing of safety shoes, the Company shall provide active employees with a one hundred dollar subsidy towards the purchase of safety footwear from a Company approved sources, not more than once each contractual year.

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13 .1 0 In jured Worker Provisions

a) An employee who is injured during working hours and who is required to leave for treatment or is sent home as a result of such injury shall receive payment for the rest of the shift at his/her regular rate of pay.

b) Such employee if advised by Medical not to drive shall be provided with transportation one way to the appropriate medical provider or facility with the understanding that the employee shall secure transportation home at their own expense after being medically released from said facility.

c) If an employee has had an industrial accident that prevents him/her from returning to his/her former job, the Employer will make a reasonable attempt to place the employee in a suitable job to accommodate his/her medical restrictions.

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ARTICLE 14- HEALTH AND WELFARE

14.1 Employee Benefits

a) The Health Care Program: The hospital, surgical, and medical expense benefits shall be provided by the applicable provincial, territorial, or federal health plans.

b) The Company shall provide supplemental expense benefits. c) A description of these expense benefits will be found in the Benefit Booklet for drivers

hired on or after the agreement effective date within one ( 1) year of full launch. d) Employees and/or retirees will pay a monthly health care premium to receive these expense

benefits.

14.2 Adjustments

In the event that the Company is obliged by law to contribute toward the cost of benefit(s) which are the same as or similar to one or more of the benefit(s) provided under the above-mentioned Program, the Company and/or the Trustees may vary or make such other adjustment to the Plan as is necessary in order to avoid duplication of benefits and costs. However, the Company will notify the Union of and upon request, will discuss with the Union any proposed adjustment in the Plan so that in general the total benefits available to employees will be as nearly comparable as practicable to the benefits provided for in the Plan as if such law was not in effect.

14.3 Employees Laid Off or Leave of Absence Greater than Thirty (30) Days

Eligible employees who are absent through layoff or leave of absence in excess of thirty (30) calendar days shall be eligible to have their coverage maintained under the Health and Welfare Plan (subject to the terms thereof) for a further period to the end of the third (3rd) month following the date of layoff or the commencement of leave of absence. At the end of such period or upon return to work (whichever occurs first), the employee shall reimburse the Company for the cost of maintaining such coverage in excess of the first thirty (30) calendar days of layoff or leave of absence. Upon an employee's return to work he shall reimburse the Company on the following basis:

a) By direct payment should he so select, or failing that;

b) The Company shall deduct from his first pay an amount equal to one (1) month's paid premium per month for each month that premiums were paid on his behalf, or as an option;

c) The Company shall recover the amount in (b) above distributed on a pay by pay basis for a period no longer than three (3) months from the date of his return until the total of premiums is recovered;

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d) An employee who has been laid off in excess of three (3) months may continue the coverage by direct payment to the Administrator. Determination should be made when the employee receives their ROE from the Company. That is when the employee will declare whether they want their benefits to continue or not. The payment must be made to the Administrator prior to the billing date as determined by the Administrator.

An employee once laid off will not be eligible for Disability Insurance coverage for either Short Term (Sickness and Accident) and/or Long Term Disability benefits.

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ARTICLE 15 - PENSIONS

15.1 Pension Agreement between Fiat Chrysler Automobiles Canada Inc. (FCA Canada Inc) and UNIFOR Canada

Upon date of hire, the Company agrees to cover employees under the Pension Agreement between FCA Canada Inc. and UNIFOR Canada (the "Plan") subject to any legally required provisions pursuant to federal or provincial law, which will be documented in an Appendix to the Plan.

Employees will be considered New Hires under the Plan, as specified in Letter #11 to the Plan. The Company will cause service accrued under the Canadian Auto Carriers & Logistics Pension Plan to be recognized under the Plan for purposes of vesting and eligibility only, not for benefit accrual.

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ARTICLE 16- GENERAL

16.1 Payroll

a) All employees will be paid weekly by direct deposit and are required to provide necessary information.

b) The Company shall pay to employees leaving the service of the Company, all wages owed them including earned vacation, holiday pay, etc. as soon as possible.

c) Deductions from an employee's wages to recover overpayments made in error will not be made unless the employee is notified in writing prior to the end of the month following the month in which the payment in question was made to the employee. The notice will specify the amount of the overpayment. Deductions to recover such overpayment shall not commence until the pay period following the pay period in which the notice of overpayment was given to the employee~

d) Pay statements shall be available on Wednesdays.

e) Should a significant (more than (8) hours) shortage occur, the employee may report such shortage to the Payroll Department and, if verified, an adjustment shall be made the following day.

16.2 Credit Unions

Where the Company's employees belong to one (1) credit union, the Company agrees to make payroll deductions upon receipt of employee's authorization. The Company shall remit the monies so deducted to the Credit Union the week following the week in which the money was deducted.

16.3 Paid Education Leave

The Company agrees to pay into a special fund one cent (1 ¢)per hour worked, for the purpose of providing paid education leave. Said paid education leave will be for the purpose of upgrading the employee skills in all aspects of trade union functions. Such moneys are to be paid on a quarterly basis into a trust fund established by the National Union - UNIFOR Canada. The Company will provide the Chairperson infonnation related to funding on a quarterly basis.

The Company further agrees that members of the bargaining unit, selected by the Union to attend such courses, will be granted leaves of absence without pay for twenty (20) days class time, plus travel time where necessary, said leaves of absence to be intennittent over a twelve month period from the first day of leave. The Company will be provided with two weeks advance notice, in writing, of any scheduled paid education leave for any members of the bargaining unit. In addition it is agreed that no more than two (2) employees from any Local Union may be granted

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such leaves at the same time. Employees on said leaves of absence will continue to accrue seniority and benefits during such leaves.

16.4 Supervisor Working

It is the express policy of the Company that supervisory personnel are for the purpose of carrying out supervisory functions and are not expected to displace employees covered by this Agreement.

However, a supervisory employee may perform operations where an emergency arises out of unforeseen circumstances which calls for immediate action to avoid interruption of operations and the supervisor may also perform operations for purposes of instruction or training as may be necessary in the discharge of supervisory duties.

16.5 Clothing Allowance

Seniority employees will be supplied with coveralls and gloves to perform their car hauling duties. In addition, seniority employees shall qualify for a clothing allowance of two hundred dollars ($200) per contract year. The clothing allowance shall be paid in the first pay period in November of each contract year.

16.6 Quality Bonus

Consistent with the high level of commitment to quality, the parties agree to establish a custom quality award program aimed at achieving an annual employee payment up to a maximum of five hundred dollars ($500.00) of each contact year.

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ARTICLE 17- HIGHWAY ROUTES

The Company and Union discussed the fluctuation in business for A TS and the common desire to utilize Company assets. In an attempt to competitively bid on highway routes, the parties hereby agree to the following terms:

Pay Provisions Mileage Rate (Loaded) = current base rate converted to km/hr using a factor of 42 mph

Mileage Rate (Empty) = current base rate converted to kmlhr using a factor of 48 mph o Mileage rates above are inclusive of overtime, shift and holiday premiums

Loading Rate = 20% of current base rate per unit

Unloading Rate = 20% of current base rate per unit

Stop Rate = $5.25 when drivers are required to: o make a dealer delivery o stop at a yard after leaving the original yard to pick up bills and proceed to a different

yard to load. o to proceed to a second yard for a measurement check and/or load check o physically measure a pre-loaded piece of equipment o for any subsequent stop in the same city where no mileage applies the premium stop

rate will be $10

Split Loading= 50% of current base rate

Pension contributions will be a flat $8 per day ($1/hr x 8 hours)

Meals per diem (day of dispatch)= $10

Meals per diem (full day on the road) = $30

Current overtime practices will remain in effect when transitioning between highway route and incentive pay

Extended delays while out of town for any reason out of the control of the driver, will be paid up to ten (10) hours per day as well as the $30 meal allowance and sleeping accommodation Pay 15 minutes for fueling at base rate

Other Elements

Drivers required to sleep away from home while on a highway route shall be reimbursed for sleeping accommodations (must stay at corporate approved location). Drivers shall not be compelled to sleep more than one (1) person in each room.

The Company shall provide a common trip sheet to record all elements of pay and expenses. The driver will only be required to make out one trip sheet per highway route driven. The driver shall be allowed to retain a copy of the trip sheet.

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The Company agrees to provide the means to pay for approved highway route expenses at the time of dispatch. In the event an employee incurs expense where the Company credit card is not accepted, the employee will be reimbursed upon return to their home terminal.

The Company and union workplace committee will meet before implementation ofthe agreement to work out a fair dispatch procedure and hours of service agreement If new equipment or technology is added the company will review new equipment and/or

technology with the union.

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ARTICLE 18- TERMS OF AGREEMENT

18.1 Collective Agreement

This Collective Agreement between UNIFOR Canada and Auto Transport Services LLC shall be effective January 24,2016 and will expire at 11:59 pm, November 30,2019.

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APPENDIX A - Paid Holidays

The holidays are designated as:

March 25, 2016 Good Friday March 28, 2016 Monday after Easter May 20, 2016 Friday before Victoria Day May 23, 2016 Victoria Day July 1, 2016 Canada Day September 2, 2016 Friday before Labour Day September 5, 2016 Labour Day October 10, 2016 Thanksgiving Day November 11 , 2016 Remembrance Day* December 26, 2016 ) December 27, 2016 )

December 28, 2016 ) Christmas December 29 , 2016 ) Holiday December 30, 2016 ) Period January 2, 2017 ) Apri l 14, 2017 Good Friday Apri l 17, 2017 Monday after Easter May19, 2017 Friday before Victoria Day May 22, 2017 Victoria Day June 30, 2017 Canada Day September 1, 2017 Friday before Labour Day September 4, 2017 Labour Day October 9, 2017 Thanksgiving Day November 10, 2017 Remembrance Day* December 25, 2017 ) December 26, 2017 ) December 27, 2017 ) Christmas December 28, 2017 ) Holiday December 29, 2017 ) Period January 1, 2018 ) March 30, 2018 Good Friday April 2, 2018 Monday after Easter May 18, 2018 Friday before Victoria Day May 21 , 2018 Victoria Day July 2, 2018 Canada Day August 31 , 2018 Friday before Labour Day September 3, 2018 Labour Day October 8, 2018 Thanksgiving Day November 12, 2018 Remembrance Day*

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December 24, 2018 ) December 25, 2018 ) Christmas December 26, 2018 ) Holiday December 27, 2018 ) Period December 28, 2018 ) December 31 , 2018 ) January 1, 2019 ) April 19, 2019 Good Friday April 22, 2019 Monday after Easter May 17, 2019 Friday before Victoria Day May 20, 2019 Victoria Day July 1, 2019 Canada Day August 30, 2019 Friday before Labour Day September 2, 2019 Labour Day October 14, 2019 Thanksgiving Day November 11, 2019 Remembrance Day* December 23, 2019 ) December 24, 2019 ) Christmas December 25, 2019 ) Holiday December 26, 2019 ) Period December 27, 2019 )

December 30, 2019 ) December 31 , 2019 )

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