COLLECTIVE AGREEMENT Between RYDER TRUCK · PDF filecollective agreement between ryder truck rental canada ltd. and national, automobile, aerospace, transportation and general workers

COLLECTIVE AGREEMENT

Between

RYDER TRUCK RENTAL CANADA LTD.

And

NATIONAL, AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS

OF CANADA (CAW-CANADA) LOCAL 114

2008 – 2011

TABLE OF CONTENTS PURPOSE OF AGREEMENT 1 ARTICLE 1 - BARGAINING AGENCY AND RECOGNITION 1

1.01 Union is Exclusive Bargaining Agent 1 1.02 Retention of Bargaining Unit Work 1 1.03 Work Retention and Sub-Contracting 2 1.04 Pick-up and Delivery of Trucks 2

ARTICLE 2 - DEFINITION OF EMPLOYEE 2

2.01 Definition of Employee 2 ARTICLE 3 - RESERVATIONS TO MANAGEMENT 2

3.01 Management Rights 2 3.02 Consistent with Provisions of Collective Agreement 3 3.03 Human Rights Code and Arbitration Board 3 3.04 No Discrimination Because of Union Activities 3

ARTICLE 4 - UNION SECURITY AND UNION ACTIVITY PROVISIONS 3

4.01 Maintenance of Union Membership 3 4.02 Dues Deductions 3 4.03 Company Harmless Against Claims due to Article 4.01 and 4.02 4 4.04 Access to Company’s Premises 4 4.05 Number of Shop Stewards in Each Location 4 4.06 Union Bulletin Board 4 4.07 Opportunity for Union to Supply Suitable Applicants 5 4.08 Disclosure of Personal Information to the Union 5

ARTICLE 5 - HOURS OF WORK 5

5.01 Work Hours 5 5.02 Work Schedules and Shifts 6 5.03 Shift Differentials 7 5.04 Shift Vacancy Postings 8 5.05 Posting of Shift Schedules and Days off 8 5.06 Rest Between Shifts 8 5.07 Rest Periods 8 5.08 Lunch Period 9 5.09 Overtime - Daily and Weekly 10 5.10 Overtime Banking 10 5.11 Banked Time Utilization 11 5.12 Work Schedule – Rental Representatives 11 5.13 Overtime 11 5.14 Overtime - Notice 12 5.15 Overtime - Where Shift Premium Paid 12 5.16 Employees Called in Before Scheduled Work Time 12 5.17 Employees Not Required To Work During Rest Periods 12 5.18 No Layoff During Work Week 12 5.19 Employees Called in From Home 12 5.20 Layoff Income Allowance 13 5.21 Stand-By Duty 13

ARTICLE 6 - HOLIDAYS 14

6.01 Statutory Holidays 14 6.02 Holidays Observed on Their Calendar Day 14 6.03 Holiday Occurring During Employee Vacation or Rest Day 14 6.04 Eligibility for Holiday Pay 15 6.05 Overtime on Statutory Holidays 15

ARTICLE 7 - VACATIONS WITH PAY 15

7.01 Vacation Time 15 7.02 Eligibility 16 7.03 Part-Time Employees 16 7.04 Calculation of Vacation Year 16 7.05 Vacation Period 16 7.06 When Employee Leaves the Employ of Company 17 7.07 Vacation Pay 17 7.08 Vacation Not Taken 18 7.09 Accrual Accounting 18 7.10 Accrual Payments to Apprentices 18

ARTICLE 8 - SENIORITY 18

8.01 Definition 18 8.02 Seniority List 19 8.03 Loss of Seniority 19 8.04 Layoff and Layoff Procedure 20 8.05 Recall and Recall Procedure 20

ARTICLE 9 - JOB POSTING 21

9.01 Job Postings and Filling of Vacancies 21 ARTICLE 10 - OCCUPATIONAL HEALTH, SAFETY AND ENVIRONMENT 22

10.01 Safety and Health - Responsibility 22 10.02 Safety Committee 22 10.03 Inspection by Others 22 10.04 Injury Pay Provision 23 10.05 Transportation of Injured Employees 23 10.06 Investigation of Accidents 23 10.07 First Aid Attendant 23 10.08 Injured Employee - Reporting Procedure 23 10.09 Procedures to Prevent Injuries - (to apply to Shop Employees only) 24 10.10 Washroom, Lunchroom and Lockers 24 10.11 Coveralls 24 10.12 Safety Toe Boots 24 10.13 Reimbursement for Safety Glasses 25 10.14 Right to Refuse 25 10.15 No Working Alone 26 10.16 Training and Instruction 26

ARTICLE 11 - LEAVE OF ABSENCE 26

11.01 Personal Leaves of Absence Without Pay 26 11.02 Bereavement Leave 27 11.03 Caregiver Leave 27

11.04 Leave for Union Business 28 11.05 The Maintenance and Accumulation of Seniority on Leaves of

Absence 28 11.06 Leave for Full-time Union Business 28 11.07 Leave for Union Bargaining Committee 28 11.08 Pregnancy/Parental Leave 28 11.09 Jury Duty 32

ARTICLE 12 - DISCIPLINE 32

12.01 Just and Reasonable Standard 32 12.02 Right to a Shop Steward 32 12.03 Notification of Reasons in Writing 32 12.04 Removing Discipline From Personnel Files 33 12.05 Access to One's Own File 33 12.06 Employee Absence Without Notification 33 12.07 Signing Not Agreement 33

ARTICLE 13 - GRIEVANCES 34

13.01 Grievance Procedure 34 ARTICLE 14 - ARBITRATION 35

14.01 Matter sent to an Arbitrator 35 14.02 Arbitrator 35 14.03 Limitations 35 14.04 Binding Decision 35 14.05 Expenses of the Arbitrator 35

ARTICLE 15 - WAGES 35

15.01 Wage Schedule 35 15.02 Higher Rate of Pay 36 15.03 New Job Classification 36 15.04 Cheque Issue 36 15.05 Payment of Wages - Irregular 36 15.06 Charge Hand 36 15.07 Payroll 37

ARTICLE 16 - APPRENTICESHIP 37

16.01 Indentured Apprentices 37 16.02 Apprentice Wage Rates 37 16.03 Maintenance of Wages While at School 38 16.04 Training Opportunities for Apprentices 38

ARTICLE 17 - TECHNOLOGICAL CHANGE 38

17.01 Procedures For Technological Change 38 17.02 Permanent Closure of Operation of Department 38

ARTICLE 18 - LETTERS OF UNDERSTANDING 39

18.01 Letters Of Understanding And Memorandums To Be Part Of Collective Agreement 39

18.02 Ratification By Employees 39 ARTICLE 19 - GENERAL PROVISIONS 39

19.01 Strikes/Lockouts 39 19.02 Validity Of Collective Agreement If Article Invalid 39 19.03 Medical Information 39 19.04 Training Opportunities And Job Related Courses 40

ARTICLE 20 - INSURANCE, MEDICAL AND OTHER BENEFITS 40

20.01 Ryder Truck Rental Canada Ltd. Employee Benefit Plans 40 20.02 Employee On Layoff 41 20.03 Tool Insurance 41 20.04 Sick Leave 42

ARTICLE 21 - OUT OF TOWN WORK 43

21.01 Employee Working Outside the Lower Mainland 43 ARTICLE 22 - DURATION OF AGREEMENT 43

22.01 Duration 43 22.02 Notice to Bargain 43 22.03 Exclusion of Section 50(2) and (3) 43 22.04 Commencement of Bargaining 44 22.05 Change in Agreement 44 22.06 Agreement to Continue in Force 44

ARTICLE 23 - WORKPLACE HARASSMENT 44

23.01 Company Commitment 44 23.02 All Allegations 44 23.03 Confidentiality 44 23.04 Workplace Harassment Is Defined As: 45 23.05 British Columbia Human Rights Act Discrimination Is Categorized Into: 45 23.06 How Where and When 45 23.07 Also May Include 45 23.08 Forms of Harassment 46 23.09 Perception 46 23.10 Sexual Harassment 46 23.11 Improper Conditions 46 23.12 Workplace Harassment Advisors 47 23.13 Complaint and Investigation Procedure 47 23.14 Guidelines to Complainants 47 23.15 Informal Complaint Process 48 23.16 Third Party Involvement 48 23.17 Formal Review 48 23.18 Formal Review Resolution 49 23.19 Appeal Procedure 49 23.20 Record of Complaints 49 23.21 Vexatious Complaints 49 23.22 Retaliation 49

APPENDIX "A" - WAGES 51 APPENDIX "B" – RISK ASSOCIATED BEHAVIOUR 53

LETTER OF UNDERSTANDING #1 55 RE: Clarification Of Ryder Truck Rental Canada Ltd. Employee Benefit Plans,

Lost Time Benefits, Operations Of Plan 55 LETTER OF UNDERSTANDING #2 57

RE: Lubrication Attendant Classification 57 LETTER OF UNDERSTANDING #3 59

RE: Lubrication Attendants/Apprentices 59 LETTER OF UNDERSTANDING #4 60

RE: Short-Term Transfers 60 LETTER OF UNDERSTANDING #5 62

RE: Benefits And Paid Time Off 62 LETTER OF UNDERSTANDING # 6 63

RE: Compressed Work Week 63 LETTER OF UNDERSTANDING #7 65

RE: Article 5.02 65 LETTER OF UNDERSTANDING #8 66

RE: Compressed Work Week 3 X 12 Hour Shifts 66 LETTER OF UNDERSTANDING #9 68

RE: Trailer Technician Classification 68 LETTER OF UNDERSTANDING #10 69

RE: Langley Rental Operations 69 LETTER OF UNDERSTANDING #11 71

RE: Casual Relief Rental Sales Representative 71 LETTER OF UNDERSTANDING #12 73

RE: Rental Incentives 73 LETTER OF UNDERSTANDING #13 76

RE: Local Union Health and Safety Fund 76 JOB DESCRIPTION 77

RENTAL SALES REPRESENTATIVE 77 RYDER PERFORMANCE CHALLENGE UNION WAIVER 80

Re: Ryder Performance Challenge Union Waiver 80

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Collective Agreement between Ryder Truck Rental Canada Inc. and CAW Local 114 1 cs-cope343

PURPOSE OF AGREEMENT

The general purpose of this Agreement is, for the mutual benefit of the Company and employees and to provide to the fullest extent possible for the efficiency and economy of operations, and for the quality and quantity of output in the Company's business, consistent with fair wages and conditions, and to provide for uninterrupted and efficient service to the Company's clients; and further, to prevent strikes and lock-outs and to facilitate the peaceful adjustment of grievances and disputes between the Company and its employees, and to provide for the safety and welfare of the employees. It is recognized by this agreement to be the duty of the Company and the employees to co-operate fully, individually, and collectively, for the advancement of the foregoing purposes and conditions. ARTICLE 1 - BARGAINING AGENCY AND RECOGNITION

1.01 Union is Exclusive Bargaining Agent

(a) The Company recognizes the Union as the sole and exclusive bargaining agency for its employees, as described in the current Certification issued by the British Columbia Ministry of Labour, for the purpose of collective bargaining with respect to rates of pay, hours of employment and all other conditions of employment.

(b) No Written Agreement to Conflict with Collective Agreement No employee shall be required or permitted to make a written or oral

agreement with the Company which may conflict with the terms of the Agreement.

1.02 Retention of Bargaining Unit Work

The parties recognize and agree that the operation of the Company's affairs and processes necessarily involves persons in positions which are excluded from the bargaining unit from time to time doing work within the scope of the certified bargaining unit. It is further understood and agreed that such involvement in bargaining unit work will not be used to erode the bargaining unit or eliminate jobs for Union members.

(a) For a greater certainty, but without detracting from the generality of the

foregoing paragraph, the parties specifically agree that excluded personnel may perform bargaining unit work in the following situations:

(i) training or instruction; and (ii) experimentation; and (iii) in the event of any emergency where other bargaining unit

employees with sufficient capability are not immediately or readily available to perform the work.

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(b) An "emergency" shall be deemed to exist where action by non-bargaining

unit personnel is necessary to: (i) avoid or eliminate a dangerous or hazardous condition, particularly

where an employee's life is endangered or a serious injury could result unless immediate action is taken;

(ii) avoid loss or damage to the Company's property, equipment,

operations, production or a product; (iii) meet unavoidable deadlines; (iv) man work stations until sickness or illness replacements or injury

replacements can be arranged. 1.03 Work Retention and Sub-Contracting

When the Company facilities, space and trained personnel are available, the Company agrees not to contract out bargaining unit work, if such contracting out would result in the layoff, reduce the hours of an employee, prevent the recall of an employee or prevent the filling of a job as described in Appendix “A”.

1.04 Pick-up and Delivery of Trucks

The Company agrees that the pick-up and delivery of trucks for repair is bargaining unit work and whenever reasonable and efficient will be done by bargaining unit members.

ARTICLE 2 - DEFINITION OF EMPLOYEE

2.01 Definition of Employee

The term "employee" as used in and for the purpose of this Agreement shall include those employees of the Company at and from the Company's present or relocated premises for which the Union is certified.

ARTICLE 3 - RESERVATIONS TO MANAGEMENT

3.01 Management Rights

The Union recognizes the right of the Company to operate and manage its business in all respects. This shall include, but shall not be limited to, the right to establish and enforce reasonable rules for conduct of employees, to hire, to

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properly classify, promote, transfer, demote, layoff or release employees for lack of work, suspend or discharge employees for just cause, subject to the express provisions of this Agreement. Management agrees to exercise its rights in a manner consistent with the terms of this Agreement.

3.02 Consistent with Provisions of Collective Agreement

The Company agrees that the exercise of its rights does not relieve it of its obligations arising out of any other specific provision of this Agreement, or limit the rights of the employees arising out of any other specific provision of this Agreement.

3.03 Human Rights Code and Arbitration Board

The Company and the Union recognize and will adhere to the provisions of the Human Rights Code of British Columbia, and further, the Company and Union expressly agree that an Arbitration Board constituted under the terms of this Agreement shall have the authority to construe and apply the provisions of that legislation in the context of a grievance filed under the terms of this Agreement.

3.04 No Discrimination Because of Union Activities

(a) There shall be no discrimination against any Union member because of Union activities.

(b) No Union Representative shall be subjected to any disciplinary action by

the Company or its representatives for any act done bona fide in performance of their duties as Union representatives.

ARTICLE 4 - UNION SECURITY AND UNION ACTIVITY PROVISIONS

4.01 Maintenance of Union Membership

(a) The Company agrees that any present employee of the Company who, at the date of the signing of this Agreement, is a member of the Union, shall, as a condition of continued employment, maintain membership in the Union in good standing.

(b) All new employees shall join the Union on their first day of employment

and maintain membership in the Union in good standing. 4.02 Dues Deductions

The Company agrees to deduct once each month from the earnings of an employee covered by this Agreement such dues and assessments as may be fixed by the Union and communicated to the Company by the Union. The total

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amount so deducted, with an itemized statement of same in duplicate will be forwarded to the Union at the address shown or provided by the Union. Payment to be forwarded within one week of such deduction. The total amount deducted for the year will be shown on each employee's T-4 slip.

The Union recognizes and agrees that the Company's obligation to deduct such

dues is expressly restricted to making only such deductions as are permitted by law and by the valid assignment of each employee.

If an employee works fewer than five (5) days in a calendar month, his/her dues

will not be deducted for that month (paid days on vacation and paid Statutory Holidays will be considered as days worked).

4.03 Company Harmless Against Claims due to Article 4.01 and 4.02

The Union shall indemnity the Company and hold it harmless against any and all claims that shall arise out of, or by reason of any action taken or not taken by the Company for the purposes of complying with any provisions of Article 4.01 and 4.02.

4.04 Access to Company’s Premises

The Union representatives shall be allowed access to the Company's premises on routine matters. When it is desirable or necessary to hold a meeting during the luncheon period, or to enter the premises at any other time than the luncheon period, with the exception of posting Union notices, permission shall first be obtained from the Company. Such permission shall not be unreasonably withheld.

4.05 Number of Shop Stewards in Each Location

In the Annacis Island location there shall not be more than one (1) Shop Steward per shift, provided however that there shall be a maximum of two (2) Shop Stewards in the Annacis Island location. In the Port Kells and CPX locations, there shall not be more than one (1) Shop Steward for every ten (10) employees to a maximum of two (2) Shop Stewards in the Port Kells and CPX locations.

It is further agreed that the Union will notify the Company of the names of the

Shop Stewards and any changes of same. 4.06 Union Bulletin Board

The Company agrees to provide adequate space, in a permanent location, acceptable to the Union, for a bulletin board. The bulletin board shall be supplied by the Union, and will remain the property of the Union, for the sole use of the Union, for the purpose of conveying information by notice or letter to its members.

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4.07 Opportunity for Union to Supply Suitable Applicants

The Company has the right to hire and select new employees subject to the following:

When hiring new employees, the Company agrees to give preferential hiring

rights to Union members. For the purpose of this Collective Agreement preferential hiring rights will mean that if the applicable qualifications of the Union candidate are equal to or greater than a non-union candidate then the Union candidate will be hired. The Company will endeavour to notify the Union of any vacancies which will be filled from outside the bargaining unit forty-eight (48) hours before such vacancy is advertised outside the bargaining unit in order for the Union to provide qualified applicants.

The Parties agree that personnel transfers from other Ryder locations are

excluded from this provision. 4.08 Disclosure of Personal Information to the Union

(a) Both parties recognize that in order to fulfill its obligations as the exclusive bargaining agent for members of the bargaining unit, the Union may require the disclosure by the Employer of personal employee information maintained by the Employer. As such, the Employer agrees to release the required information to the Union on the understanding that it will be relevant to a specific issue or grievance covered by the terms of this Collective Agreement. Release by the Employer of personal health information shall require the employee’s prior written authorization.

(b) The Union agrees that it will use such information for the sole purpose of carrying out its duties and obligations as a representative of the employees and that it will use and maintain the information in a manner consistent with the Union’s internal privacy policy and any applicable legislation. The Union further agrees to hold the Employer harmless against any claim which may arise in complying with the requirements of this clause.

ARTICLE 5 - HOURS OF WORK

5.01 Work Hours

(a) Work Day and Week The standard work day shall consist of eight (8) hours, exclusive of lunch

breaks, and the standard work week shall consist of five (5) consecutive

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days of eight (8) hours each, making forty (40) hours worked, Sunday through Saturday.

The regular scheduled hours for part time employees shall not exceed twenty-nine (29) hours per week exclusive of lunch breaks over five (5) consecutive days, Sunday through Saturday, eight (8) hours per day.

(b) Part Time Employees The determination for full time status will be thirty (30) hours or more

per week averaged over a rolling three (3) month period. Employees on a set schedule of less than thirty (30) hours per week shall be classified as part-time.

Under no circumstances shall the part-time employee be employed to reduce the straight time hours of a full-time employee. Part-time employees shall be entitled to all Company-paid benefits except the Ryder Retirement Plan, the Ryder Group Registered Retirement Savings Plan and the Ryder Deferred Profit Sharing Plan and sick leave (20.04). Full-time employees shall qualify for all benefits mentioned in this Collective Agreement.

5.02 Work Schedules and Shifts

The Company has the right to establish weekly work schedules and shifts, subject to the following:

(a) for Shop employees no shift will start before 6:00 a.m.; (b) for Shop employees day shift commences between 6:00 a.m. and 8:00

a.m.; (c) for Shop employees afternoon shift commences between 2:30 p.m. and

4:30 p.m.; (d) for Shop employees graveyard shift commences between 10:30 p.m. and

1:00 a.m.; (e) by mutual agreement between the Company and the Union, the regular

starting times set out above for Shop employees may be changed or varied;

(f) The Company agrees that Monday to Friday day and afternoon shifts for

Shop employees are "swing" shifts;

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(g) The Company agrees that if a shift other than the Monday to Friday day

and afternoon shift is established for Shop employees vacancies on the new shift will be filled as per Article 5.04;

(h) The Company agrees that graveyard shift and Tuesday to Saturday shift

for Shop employees shall not "swing". The Company agrees further that Tuesday to Saturday shift employees will not rotate with those on a Monday to Friday shift.

(i) for Rental Sales Representatives no shift will start before 6:00 a.m. (j) for Rental Sales Representatives the opening shift commences between

6:00 a.m. and 9:00 a.m. (k) for Rental Sales Representatives the closing shift commences between

9:00 a.m. and 4:00 p.m. (l) by mutual agreement between the Company and the Union, the regular

starting times set out above for the Rental Sales Representatives may be changed or varied

(m) the close of the shift for Rental Sales Representatives shall be 9:00 p.m.

unless otherwise agreed between the parties. The Company agrees to give the Union two (2) weeks advance notice of any

change in shift starting or stopping times or individual shift starting or stopping times in order that the Union can provide input and inform the Company of any employee concerns.

5.03 Shift Differentials

The following shift differentials will apply: (a) all shifts commencing before 8:00 a.m. will receive payment as per

Appendix "A"; (b) all shifts commencing between 2:30 p.m. and 4:30 p.m. will receive an

additional one dollar ($1.00) per hour above rates set out in Appendix "A". (c) all shifts commencing between 10:30 p.m. and 1:00 a.m. will receive an

additional one dollar and twenty-five cents ($1.25) per hour above rates set out in Appendix "A".

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5.04 Shift Vacancy Postings

(a) Shift vacancies shall be posted within the shop concerned; all shift vacancies that are to be filled shall be posted within five (5) working days of the vacancy occurring.

(b) In all cases of filling of shift vacancies which are posted, seniority shall be

the governing factor. (c) Shift vacancy postings will be removed after three (3) working days and a

copy forwarded to the Shop Steward(s). The closing date for shift vacancy applications will be five (5) days from the date of the removal of the notice.

(d) Where there are not a sufficient number of applicants to fill the vacancies,

the employee(s) with the least seniority will be assigned the shift. (e) In order to temporarily fill a shift vacancy until a successful bidder has

posted into the shift vacancy, the Company may assign an employee, subject to forty-eight (48) hours notice of a shift change as per Article 5.05. Once the vacancy has been filled by shift posting, the employee temporarily assigned shall return to his/her pervious shift position.

5.05 Posting of Shift Schedules and Days off

The Company will post work schedules for all employees setting forth the employees' starting and finishing time and days off. At least forty-eight (48) hours notice will be given to an employee whose schedule has changed, except in the case of an emergency, or unless the employee agrees to shorter notice.

5.06 Rest Between Shifts

No employee will be required to commence another shift within ten (10) hours of completing a shift, except in the case of an emergency. In the event that an employee is requested to work prior to the ten (10) hours rest periods elapsing, he will be considered as still working on his/her previous shift for all time worked within the ten (10) hour period and will be paid for that time at the applicable overtime rate. In training situations, the Company may schedule an employee for a shift not less than eight (8) hours from the completion of their last shift.

5.07 Rest Periods

Each Shop employee will be given two rest periods of fifteen (15) minutes each during his/her regular shift in each work day, without loss of pay, to be scheduled in the period before lunch and the period after lunch.

Whenever an Shop employee is required to work overtime after his/her regular

shift, the employee will be entitled to a paid rest period (at the applicable

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overtime rate) of fifteen (15) minutes after the end of his/her shift and before proceeding with the overtime work.

The Parties agree that the rest period for overtime work may be taken later if the

rest period will delay a waiting customer. Each Rental Sales Representative will be given two rest periods of fifteen (15)

minutes each without loss of pay to be taken in the period before lunch and in the period after lunch.

It is understood when rest periods are taken they will not delay a waiting

customer. 5.08 Lunch Period

An unpaid lunch period of thirty (30) minutes will be scheduled during the fourth (4th) and fifth (5th) hours worked on any shift except as provided below.

(a) Graveyard Shift An employee working a graveyard shift as described in Article 5.03(c) of

this Agreement shall be paid eight (8) hours for seven and one-half (7 1/2) hours worked in addition to the premiums stipulated in Article 5.03(c).

(b) Tuesday to Saturday Shift An employee working a Tuesday to Saturday shift shall be paid eight (8)

hours pay for seven and one-half (7 1/2) hours worked on Saturday only. (c) Sunday to Thursday Shift An employee working a Sunday to Thursday shift shall be paid eight (8)

hours pay for seven and one-half (7 1/2) hours worked on the Sunday only.

(d) Friday to Tuesday

An employee working Friday to Tuesday shift shall be paid eight (8) hours pay for seven and one-half (7 ½ ) hours worked on Saturday and Sunday only.

(e) Overtime Where overtime is worked at the end of a shift in excess of two (2)

hours, an employee will be entitled to a thirty (30) minute paid lunch break.

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5.09 Overtime - Daily and Weekly

All hours worked in excess of eight (8) hours per day or an excess of forty (40) hours in the scheduled work week will be considered overtime. Rates if pay will be as follows:

(a) hours worked in excess of eight (8) in a day will be paid at one and one

half (1 1/2) times the regular rate and in excess of ten (10) hours in a day will be paid at double (2X) the regular rate;

(b) hours worked in excess of forty (40) hours in a week will be paid at one

and one half (1 1/2) times the regular rate and, hours worked in excess of forty-four (44) in a week, will be paid at double (2X) the regular rate;

Double time (2X) the regular rate shall be paid for all overtime hours after

four (4) overtime hours have been worked in a work week; (c) except as expressly provided in this Agreement, there shall be no

pyramiding of overtime benefits; (d) where permission from the Company is obtained, an employee may be

permitted to work extra hours in exchange for receiving requested time off during the scheduled work week.

5.10 Overtime Banking

The parties agree that an employee may notify the Company that he/she wishes to "bank" any overtime worked to be taken as personal time off. The overtime hours banked shall be the hours the employee would otherwise be paid had he/she taken pay (e.g. overtime worked at double time (2X) will be two (2) hours banked time). The maximum number of hours an employee may bank shall be eighty (80) hours per calendar year and may not have more than eighty (80) hours banked at any one time. The maximum amount of time taken off due to banked time in any calendar year will be forty (40) hours.

When banked time is taken as personal time off, the rate of pay for such hours

shall be the rate the employee was earning at the time the overtime was worked. When an employee takes time off as herein provided, it shall be without loss of benefits.

All remaining banked time as of December 31st will be paid out each

calendar year. All banked time will be paid out at the current rate of pay. An employee may request to take additional banked time off up to forty (40)

hours in a calendar year. It is at the Company’s sole discretion as to whether that additional time off is approved or not based on the Company’s ability to meet its customer service requirements.

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5.11 Banked Time Utilization

Such banked time off, including banked statutory holiday time, shall be granted as paid personal time off upon fifteen (15) working days written notice to the Company unless the conditions of Article 7.05 of the Collective Agreement cannot be met.

5.12 Work Schedule – Rental Representatives

(a) Changes to the scheduled work week shall be posted the Friday prior to the commencement of the work week (see 5.05).

(b) (i) When a Full-time Rental Representative is on vacation, illness,

injury or leave of any kind, the senior Part-time Rental Representative will be given the first right of refusal to replace the Full-time Rental Representative for the regular full-time hours of the Full-time Rental Representative during this time period.

(ii) The part-time hours of work the senior Part-time Rental

Representative would normally be scheduled to work in a week will be offered to the next senior Part-time Rental Representative. When the Full-time Rental Representative returns, the scheduling of hours for Part-time Rental Representatives will be as outlined in Article 5.12 (b)(i).

(iii) When the Full-time Rental Representative returns, the Part-time Rental Representatives will go back to their previous schedule if it still exists.

5.13 Overtime

(a) Overtime Overtime shall ordinarily be voluntary although it is recognized that

from time to time, employees may be required to work overtime. The Company agrees to post scheduled overtime by branch and offer the overtime by seniority within a particular classification on a rotational basis. If by seniority there are no volunteers, the Company will assign the work to capable employees in reverse order of seniority.

(b) In technician classifications (including apprentices) overtime shall

be distributed as follows:

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(i) Employees willing to volunteer for overtime shall sign their name to the overtime list and have the overtime assigned by seniority on a rotational basis.

(ii) Forced overtime shall be rotated amongst the three (3) most

junior employees regardless of whether or not they have signed the list.

(iii) A new overtime list shall be posted on a quarterly basis.

5.14 Overtime - Notice

The Company will attempt to provide an employee, who is required to work overtime, with reasonable notice, in the circumstances, of such requirement.

5.15 Overtime - Where Shift Premium Paid

If overtime is worked on a shift where a shift premium is paid, the shift premium shall not be included in the rate for the calculation of overtime.

5.16 Employees Called in Before Scheduled Work Time

Employees called in before their scheduled start time will be paid at applicable overtime rates for time worked prior to the commencement of their scheduled start time, except when other arrangements are made by mutual agreement between the Company and the Union.

5.17 Employees Not Required To Work During Rest Periods

No employee will be required to work during his or her lunch or rest period except in the case of an emergency, it being the intention of the Company that employees have lunch or rest periods free from unwarranted or unnecessary interruptions.

5.18 No Layoff During Work Week

Employees may not be laid off during a work week, but may be laid off at the completion of a work week of forty (40) hours. The Company shall provide employees to be laid off with written notice, with a copy to the Union, at least three (3) working days prior to the end of the affected employees’ scheduled work week. Pay in lieu of notice will be provided if three (3) days prior notice cannot be provided. This provision shall apply only to regular full-time employees.

5.19 Employees Called in From Home

An employee called out from home to work at the shop or on a service call will be guaranteed three (3) hour pay at the applicable overtime rate. Should a second

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call out or service call be required to the same vehicle within that three-hour period, there shall be no pyramiding of the guaranteed three-hour pay.

5.20 Layoff Income Allowance

An employee who is provided with permanent layoff (i.e. a layoff expected to exceed thirteen weeks duration) shall be entitled to a layoff allowance of one week's pay for every year of service to a maximum of thirteen (13) weeks pay.

5.21 Stand-By Duty

(a) Should an employee volunteer to have the responsibility for handling phone call(s) from his/her place of residence during closed shop hours relating to making arrangements for the provision of "Over the Road Emergency Service", the Company agrees to pay an additional eight (8) hours at his/her regular rate of pay for each week he/she is on stand-by duty. In the event the closed shop hours include a Statutory Holiday, the Company agrees to pay an additional four (4) hours' pay at his/her regular rate for a total of twelve (12) additional hours for that week.

(b) The Company agrees that an employee may, at his/her discretion, "bank"

any or all of the additional hours instead of receiving pay for the stand-by duty, as per Article 5.10.

(c) Stand-by duty will be rotated between employees on a week to week basis

or such other basis as the volunteer and the Company mutually agree. Employees who are scheduled for on call must have their supervisor approve the change in advance.

(d) The Company will post at the beginning of each calendar quarter a stand-

by duty schedule. Volunteers may select the weeks they wish to work stand-by in the calendar quarter. In the event any week is not volunteered for, the Company will request, from amongst the volunteers, a volunteer to fill the remaining weeks for the calendar quarter. If weeks remain unfilled, the Company may then assign the unfilled weeks to a full-time Leadhand. In this event the Company agrees to provide a minimum of one (1) week's notice to the full-time Leadhand.

(e) The Company agrees further to provide the following to an employee on

stand-by: (i) a pager;

(ii) a complete listing of all Ryder service shops and approved Ryder Repair services for British Columbia, Alberta and Washington State;

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(iii) detailed maps covering the above areas; (iv) a complete list of all Ryder (Annacis Island, Port Kells and Burnaby)

employees by classification for call out; (v) adequate job description of duties, responsibilities and procedures

relating to "Over the Road Emergency Service" for an employee to properly administer the program.

ARTICLE 6 - HOLIDAYS

6.01 Statutory Holidays

Employees who have been in the employee of the Company for thirty (30) calendar days shall be compensated at regular rates for the following holidays:

1. New Year's Day 7. Thanksgiving Day 2. Good Friday 8. Remembrance Day 3. Victoria Day 9. Christmas Day 4. Canada Day 10. Boxing Day 5. B.C. Day 11 Floater 6. Labour Day 12 Floater And any other day declared a Statutory Holiday by the Provincial or Federal

Governments. Where an employee's hours differ from day to day or where the employee is a regular part-time employee, his or her holiday pay shall be the average of daily earnings (exclusive of overtime) in the four (4) week period immediately proceeding the week in which the general holiday occurs.

An employee working shift work shall have his/her shift differentials as per Article

5.03 included in his/her holiday pay where the holiday occurs on a day he/she is scheduled and would otherwise have worked had the holiday not occurred.

Floater days shall be granted with a minimum of fifteen (15) working days written notice to the Company maintaining consistency with the Shop employee away ration as outlined in article 7.05.

6.02 Holidays Observed on Their Calendar Day

Holidays, defined in Article 6.01, will be observed on their calendar day and may only be changed by mutual agreement between the parties.

6.03 Holiday Occurring During Employee Vacation or Rest Day

The Company agrees that should any of the above holidays occur during an employee’s vacation or day of rest, the paid holiday shall be observed on the

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next scheduled work day unless the Company notifies the affected employee thirty (30) days in advance that the designated day off shall be the scheduled day before said says of rest or vacation unless otherwise mutually agreed.

6.04 Eligibility for Holiday Pay

An employee will not be eligible for pay for a Holiday when he/she does not work his/her scheduled shift before and his/her scheduled shift after the Holiday; provided, however, that employee is not actively employed because of layoff, illness or injury, not being eligible for Worker's Compensation payments or other benefits for the Holiday, and who performed work for the Company sometime during the fourteen (14) day period prior to or following a Holiday, will qualify for Holiday pay in accordance with this Article.

6.05 Overtime on Statutory Holidays

(a) All work performed by employees on a statutory holiday will be compensated at double time (2X), in addition to a day's pay for the statutory holiday. However, employees may elect to take an alternate day off with pay at a mutually agreeable time.

(b) All work performed by part time employees on a statutory holiday

will be compensated at double time (2X) and are not entitled to an additional day's pay for the statutory holiday.

ARTICLE 7 - VACATIONS WITH PAY

7.01 Vacation Time

Employees will receive vacations and be paid for the vacation in accordance with the following schedule:

(a) each employee who has completed one (1) year continuous service in the

employ of the Company and has worked a minimum of fifteen hundred (1500) hours for the Company during the preceding twelve (12) months shall be entitled to two (2) weeks vacation with pay equal to two (2) full weeks at straight-time pay at the employee's regular rate, or four percent (4%) of annual gross earnings, whichever is greater.

(b) each employee who has completed three (3) years continuous service in

the employ of the Company and has worked a minimum of fifteen hundred (1500) hours for the Company during the preceding twelve (12) months shall be entitled to three (3) weeks vacation with pay equal to three (3) full weeks at straight-time pay at the employee's regular rate, or six percent (6%) of annual gross earnings, whichever is greater.

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(c) each employee who has completed ten (10) years continuous service in the employ of the Company and has worked a minimum of fifteen hundred (1500) hours for the Company during the preceding twelve (12) months shall be entitled to four (4) weeks vacation with pay equal to four (4) full weeks at straight-time pay at the employee's regular rate, or eight percent (8%) of annual gross earnings, whichever is greater.

(d) each employee who has completed fifteen (15) years continuous service

in the employ of the Company and has worked a minimum of fifteen hundred (1500) hours for the Company during the preceding twelve (12) months shall be entitled to five (5) weeks vacation with pay equal to five (5) full weeks at straight-time pay at the employee's regular rate, or ten percent (10%) of annual gross earnings, whichever is greater.

7.02 Eligibility

The provision requires employees to have worked a minimum of fifteen hundred (1500) hours in each year in order to qualify for the full vacation entitlement. Employees absent through Workers’ Compensation or illness shall receive the normal vacation time off and vacation pay that they would otherwise be entitled to for that vacation year. Such employees shall then be required to re-qualify by working the minimum of fifteen hundred (1500) hours in the following year, or be paid their vacation pay as set out above. Rates used to calculate weekly vacation pay shall be those applicable for the time the vacations are taken.

7.03 Part-Time Employees

Part-time employees shall be entitled to vacations based on their years of service with the Company, regardless of the hours they worked in each or any vacation year during this employment. Their vacation pay shall be calculated on the percentage basis only in accordance with their entitlement set out in Article 7.01.

7.04 Calculation of Vacation Year

An employee's vacation year will be calculated from his or her date of hire. 7.05 Vacation Period

The vacation period will be between March 15 and March 14 of the following year or at other times mutually agreed upon between the Company and the Union. The vacation time will be allotted and chosen by employees according to their bargaining unit seniority. All changes to selected vacations or requests for unscheduled vacation require ten (10) days written notice. The maximum of employees who can be on vacation at any one time per facility will be based on the number of full-time employees by classification as of February 1st of each year as follows:

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Shop Employees 1 to 6 full time employees - one (1) employee away 7 to 12 full time employees - two (2) employees away 13 to 20 full time employees - three (3) employees away over 20 full time employees - four (4) employees away This provision applies only to full time shop employees excluding fuel island

attendants. Rental Sales Representatives 1 to 6 full time employees - one (1) employee away No more than three (3) consecutive weeks of vacation during the period of June

through August will be permitted. The Company will post a list on February 1st until March 15th of each year to

allow employees to choose their vacation periods. The resulting vacation schedule will be confirmed by the Company by April 1st. Such list will remain in effect for the remainder of the vacation period, except that changes in the chosen vacation may be made by mutual agreement between the Company and the employee affected. If an employee obtains from the Company its permission to change his/her vacation period, he/she must choose a period which will not interfere with another employee's choice. If an employee is prevented from taking his/her vacation because of illness or accident, he/she may, by mutual agreement with the Company, choose another vacation period.

For extraordinary circumstances, where additional employees are off work, the

Company will contact the union in order to work with the employees to come up with a suitable alternative in order to meet the Company’s customer service requirements.

7.06 When Employee Leaves the Employ of Company

Employees who leave the employ of the Company will be paid vacation pay at the time of severance in accordance with Article 7.01 for all vacation entitlement earned to the date of severance. When an employee is laid off, he or she may decide to defer his/her vacation until a later time. However, in no case shall an employee defer his/her vacation past the date of the expiration of his/her seniority as defined in Article 8.03(c).

7.07 Vacation Pay

The Company will provide an itemized statement.

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7.08 Vacation Not Taken

Employees must take two (2) weeks of their vacation accrual as vacation time, meaning that two (2) weeks of the hourly employee’s accrual as of their last anniversary date will be used to pay the Employee during the time they are off on vacation. Any additional vacation accrual that the employee is eligible for, they may take as pay in lieu of vacation time, should the employee prefer.

Vacation allotment may not be carried over to subsequent years. Vacation

allotment will also be taken in one week increments. 7.09 Accrual Accounting

The Company shall ensure that an employee’s vacation accrual shall appear on his/her pay statement distinguishing both the payroll amount of accrual, and, the accrued amount to date.

7.10 Accrual Payments to Apprentices

Vacation accrual shall be paid to apprentices on the top-up portion of their wages while they are attending school.

ARTICLE 8 - SENIORITY

8.01 Definition

(a) (i) Seniority is an employee's length of continuous service (or adjusted service) with the Company.

(ii) It is agreed that the term "seniority" as used herein shall have

reference to an employee's right to a job based upon his/her length of continuous service with the Company, and his/her capability to fulfil the job requirements.

(iii) All scheduling, overtime, job postings, layoffs, recalls and vacation bids will be done strictly in accordance with the principles set forth in (i) and (ii) above.

(b) Probationary Period

(i) All newly hired employees shall be considered probationary for their first one hundred twenty (120) calendar days of employment. Probationary employees shall not hold seniority but will be scheduled according to their date of hire.

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(ii) Upon successful completion of the probationary period, employees shall have their seniority calculated from their date of hire and shall thereafter be entitled to all rights and privileges of this Agreement. The Company may extend an employee’s probationary period upon written agreement from the Union, which shall not be unreasonably withheld.

(iii) During the probation period, an employee may be discharged

if the Employer believes he/she is unsuitable for status as a regular employee.

8.02 Seniority List

The Company will prepare seniority lists of the employees and present the same to the Union. Said list will commence with the most senior employee and carrying on downwards to the most junior employee and contain the following information:

(a) the employees' name; (b) the employees' starting date; (c) the employees' regular classification; and (d) in case of probationary employees, the employees' start date only will be

shown on the list (but without seniority). The seniority lists will cover both locations. A seniority list for each shop may be

posted for vacation purposes. The said lists are to be prepared effective to the first of July and January of each year.

8.03 Loss of Seniority

An employee shall lose his or her seniority in the event of any of the following: (a) voluntarily terminates the employment relationship; (b) is discharged for just and reasonable cause and not reinstated under the

terms of this Agreement; (c) is on layoff for a period of time longer than the time provided in the

following schedule: - The actual period of the employee's continuous service - for

employees with less than one (1) year's seniority; - Eighteen (18) months - for employees with one or more year's

seniority.

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(d) is recalled to work and does not report within five (5) working days of receiving notice. Provided, however, an employee shall have the right to decline to return to work if the Company cannot guarantee two (2) full weeks of employment and the employee shall not forfeit his/her seniority standing in such cases.

(e) is working outside the bargaining unit in the employment of the Company

for a total period not exceeding one year. 8.04 Layoff and Layoff Procedure

The layoff of employees shall be in order of Company seniority within the classification provided that the employee to be retained has the sufficient capability to perform the available work.

An employee vulnerable to a layoff may elect to bump a junior employee in

another lower rated classification provided that the employee has the capability to perform the available work. The employee will be returned to his/her former position upon a recall in the employees' former classification.

The Company agrees to advise the Shop Steward prior to any layoff and to

discuss with him or her alternatives to the implementations of a layoff. The Parties agree that for the purpose of layoff, classifications are deemed to be

as follows: Licenced Technician Apprentice Commercial Transport (CT) Technician Trailer Technician Apprentice Trailer Technician Lubrication Attendant Senior Part Person Parts Person Rental Sales Representative Fuel Island / Washperson 8.05 Recall and Recall Procedure

Laid off employees with seniority will be given the first opportunities to be recalled provided that the employee has the sufficient capability to perform the available work. The employee will be returned to his/her former position upon a recall in the employee's former classification.

Employees will be notified of recall by telephone, or other type of message

which will be confirmed by registered mail. An employee being recalled must return to work as soon as reasonably possible after the first notice of recall as described above but no later than five (5) working days after receipt of the

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registered notice except when by mutual agreement between the Company and the Union that failure to report within the specified time is unavoidable. A copy of the notice will be given to the Shop Steward or Union Committeeperson.

Recalled employees will be credited with seniority they had at the date of layoff. It is the responsibility of laid off employees to keep the Company informed of

their current address and telephone number. ARTICLE 9 - JOB POSTING

9.01 Job Postings and Filling of Vacancies

(a) All new jobs or vacancies within the bargaining unit of thirty (30) consecutive days’ or more (whether temporary or permanent) shall be posted on Notice Boards at each location within thirty (30) calendar days of the vacancy occurring.

(b) Job postings will be posted on Notice Boards for ten (10) calendar

days and a copy forwarded to the Shop Steward. All interested employees must apply within the ten (10) day posting period.

(c) When considering applicants for new jobs or vacancies within the

bargaining unit, seniority shall be the governing factor provided that the employee has sufficient capability to perform the job.

(d) Where there are no qualified applicants within the Bargaining Unit, posted

positions may be awarded to qualified persons outside the Bargaining Unit.

(e) When a job posting has been awarded, the Company shall post the

successful applicants name(s) for ten (10) calendar days on Notice Boards at each location and provide a copy to the Shop Steward.

(f) With the exception of (d) above, all appointments under this section shall

be subject to a one hundred and twenty (120) calendar day training/trial period. If an employee does not successfully complete the training/trial period or if during the aforementioned one hundred and twenty calendar days, the employee chooses not to remain in the new position, he/she shall be returned to his/her former position and any other employee hired, promoted or transferred because of the appointment shall be returned to his/her former position.

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ARTICLE 10 - OCCUPATIONAL HEALTH, SAFETY AND ENVIRONMENT

10.01 Safety and Health - Responsibility

(a) The Company agrees to make practicable provisions for the safety and health of its employees in and outside the shop during the hours of their employment.

(b) The Union undertakes to give full support to these objectives by promoting

a safety consciousness and a personal sense of responsibility amongst its membership.

(c) It is the intent of the parties to have working conditions that are not unsafe

or unhealthy beyond the minimum hazards inherent to the operations of the process in question.

(d) Employees will utilize the "Action Needed" form, provided by the Company

to identify issues of concern related to health, safety and shop working conditions.

Safety related issues or concerns will be reviewed by the Joint Health and Safety

Committee for recommendations to Management. 10.02 Safety Committee

There shall be a Health and Safety Committee at each Company location consisting of a maximum of one (1) employee selected by the Union and one (1) management representative. The committee shall meet once each month on the first working day of the month at a time mutually agreeable to the parties. The meeting shall be directed to matters concerning the correction of unsafe conditions and practices and the maintenance of the co-operative interest in the safety of the workforce. The Company shall maintain a record of the meetings and the matters discussed.

Unless otherwise mutually agreed between the Company and the Union, the

Safety Committee shall make a monthly inspection in each location. The employee on the Safety Committee shall be compensated for time spent, up to one (1) hour at straight time rate, for time spent on the inspection tour; and, as well, the time spent at the monthly meeting will be compensated at regular straight time rate.

The entire Health and Safety Committee from all locations shall meet

together at least once per calendar year. 10.03 Inspection by Others

When a shop inspection is made by an inspector authorized to enforce any act, or regulation pertaining to industrial health or safety, the Union Safety Committee

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member or designated alternate from the shop shall be included in the tour, without loss of pay.

Any inspection reports made by an inspector shall be posted in a conspicuous

place in the shop and remain posted until all orders made in the report have been complied with. In the event there are no orders written, the report shall remain posted for at least seven (7) days.

10.04 Injury Pay Provision

An employee who is injured on the job during working hours and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of his/her shift.

10.05 Transportation of Injured Employees

An employee who is injured on the job or who requires transportation from the work site to a physician, clinic or hospital for treatment, or to his/her home, shall receive such transportation at the expense of the Company.

10.06 Investigation of Accidents

Following the occurrence of any accident or incident, the Health and Safety Committee or alternates, shall convene as soon as possible to investigate and report to the Union, Company and employees.

10.07 First Aid Attendant

The Company shall designate a willing employee as first aid attendant in each branch, provided that the employee holds an Industrial First Aid Ticket. A premium will be paid in accordance with Appendix "A" to this Agreement. No more than one employee at each location will be designated as a first-aid attendant. Employees, who by mutual consent, train or retrain for Industrial First Aid Certificates and pass the course will be reimbursed by the Company for tuition and course materials. Employees who are required to attend St. Johns First Aid training will receive eight (8) hours pay for their training. Where possible, such training will be held Monday to Friday.

10.08 Injured Employee - Reporting Procedure

Any employee suffering an injury or illness while in the employ of the Company (performing or engaged in any activity which is covered by Workers' Compensation) must report immediately to his/her supervisor for all absences, not just WCB, or as soon thereafter as possible, and also report to his/her supervisor on returning to work. Where the injury or illness causes absence of two (2) weeks or more, the employee must report by telephone to his/her supervisor three (3) days prior to returning to work. Employee must ensure that the Company has current contact information.

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10.09 Procedures to Prevent Injuries - (to apply to Shop Employees only)

(a) The Company will ensure the adequate direction and instruction of workers in the safe performance of the duties.

(b) The Company agrees that only the tire man, and/or an employee trained

in such removal, will remove split rims. (c) Where there is a shift established, no fewer than two (2) persons will be

on location at all times (a "person" may include a non-bargaining unit person).

Where scheduled repair work is to be done at another location, the

Company will ensure that two (2) persons will be on location at all times if the work to be done is considered unsafe with one person (a "person" may include a non-bargaining unit person).

(d) Ear muffs, latex gloves, welding goggles and welding curtains will be supplied by the Company in order to promote the safe, healthful and protected performance of the jobs in the shop.

(e) Adequate truck exhaust ventilation will be maintained in the shop. (f) The Company will provide a portable eye wash facility for employees in

the shop. 10.10 Washroom, Lunchroom and Lockers

Adequate washroom, lunchroom and lockers will be provided by the Company and kept in a sanitary condition. The Company will supply towels, and other supplies normally found in restrooms. Employees will cooperate by observing the rules of cleanliness.

10.11 Coveralls

The Company will supply coveralls as required but not more than one (1) pair per day and will clean and repair them at no cost to the employee. The Company will provide approved apparel to rental personnel with the understanding that the rental personnel will be responsible for their own cleaning. Company will provide additional pants to rental service representatives and coveralls where required.

10.12 Safety Toe Boots

The Company agrees to pay the cost of safety footwear for each employee once per contract year to a maximum of one hundred and seventy-five dollars

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($175.00) upon the employee producing a receipt for safety footwear purchased and upon completion of probationary period.

In addition, the Company will pay the cost of replacement of safety boots

damaged or worn out during the contract year. The parties agree that the replacement cost shall not exceed one hundred and twenty-five dollars ($125.00) and the Company will not pay for replacement of damaged or worn out safety boots more than once per contract year. The employee will provide proof of damage or excessive wear.

10.13 Reimbursement for Safety Glasses

The Company shall reimburse each employee up to a maximum of one hundred dollars ($150.00) every year for the purchase of Company-approved prescription safety glasses. This benefit is accumulated from contract year to contract year to a maximum of three hundred dollars ($300.00) for the term of the contract.

10.14 Right to Refuse

(a) The Employer must ensure the adequate direction and instruction of workers in the safe performance of their duties.

(b) (i) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.

(ii) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to sub-clause (i) must immediately report the circumstances of the unsafe condition to his or her supervisor.

(iii) The supervisor receiving a report made under sub-clause (ii) must immediately investigate the matter and

(1) ensure that any unsafe condition is remedied without delay, or

(2) if in his or her opinion the report is not valid, must so inform the person who made the report.

(iv) If the procedure under sub-clause (iii) does not resolve the

matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor must investigate the matter in the presence of the worker who made the report and in the presence of:

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(1) a worker member of the Occupational Health and Safety Committee,

(2) a worker who is selected by a trade union representing the worker, or

(3) if there is no Occupational Health and Safety Committee, any other reasonably available worker selected by the worker.

(v) If the investigation under sub-clause (iv) does not resolve the

matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor and the worker must immediately notify a WCB officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.

(c) Temporary assignment to alternative work at no loss of pay to the worker until the matter is resolved is deemed not to constitute discriminatory action.

(d) No Disciplinary Action No employee shall be disciplined, penalized or discharged for

refusing to work on a job or in any work place or to operate any equipment where he/she justifiably believes that it would be unsafe or unhealthy.

10.15 No Working Alone

Employees required to work alone will be provided an appropriate communication system or device for use in emergencies.

10.16 Training and Instruction

No employee shall be required or allowed to work on any job or operate any piece of equipment until he/she has received proper training and instruction.

ARTICLE 11 - LEAVE OF ABSENCE

11.01 Personal Leaves of Absence Without Pay

(a) An Employee may request a personal leave of absence without pay for reasonable personal reasons. Such a request must be made in writing and delivered to the employee's supervisor.

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(b) Each request will be thoroughly reviewed and permission will not be unreasonably withheld provided that granting of the leave of absence does not unduly interfere with the Company's operation.

(c) The maximum length of personal leave shall be sixty (60) calendar days.

Extensions to the above may be granted under exceptional circumstances.

(d) All leaves granted shall be confirmed in writing with a copy to the shop

steward. If an employee takes a job elsewhere during a personal leave of absence or extends his/her leave without approval of the Company he/she will be considered as having terminated his/her employment.

(e) Before commencing a personal leave of absence, an employee will return

any and all of the Company's property in his/her possession. (f) Seniority will be maintained and accumulated during a personal

leave of absence of sixty (60) calendar days or less. For personal leaves of absence over sixty (60) calendar days, seniority shall be maintained but not accumulated.

11.02 Bereavement Leave

In the event of the death of a spouse*, child, or parent, the employee affected will be entitled to one (1) week paid leave. In the event of the death of a parent-in-law, sister, brother, sister-in-law, brother-in-law, grandchild, grandmother and grandfather, the affected employee will be entitled to three (3) days paid leave. Further time off without pay will be granted as reasonably required.

*The designation “spouse” is defined as a person in a legally recognised marriage and/or as a person who is cohabitating with a partner who is registered as a spouse with the Employer for benefit coverage.

11.03 Caregiver Leave

The Company agrees to grant an unpaid leave of absence of up to one (1) year to an employee who requests leave to attend to the needs of a seriously or terminally ill member of the family. Family member shall be as described in 11.02. Should it be necessary to extend the caregiver leave beyond twelve (12) months, the employee will be responsible for all costs relating to the maintenance of his or her benefits.

To demonstrate that a serious medical condition exists, the employee must provide a certificate from a medical practitioner stating that the family member has a serious medical condition with a significant risk of death.

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11.04 Leave for Union Business

If any employee is selected to act on behalf of the Union, he/she shall be allowed, upon a minimum of seven (7) calendar days notice from the Union, reasonable leave of absence without pay for the transaction of Union business.

11.05 The Maintenance and Accumulation of Seniority on Leaves of Absence

All leaves of absence excluding Personal Leave shall allow for the maintenance and accumulation of seniority for their duration.

11.06 Leave for Full-time Union Business

If an employee is selected to serve the Union on a full-time basis, he/she shall be granted, upon a minimum of thirty (30) calendar days notice, a leave of absence without pay for the duration of that job. Upon returning, he/she shall be re-employed at the same type of work which he/she performed prior to his/her leave of absence and with seniority accumulated. Not more than one (1) employee shall be granted leave under this clause.

11.07 Leave for Union Bargaining Committee

(a) The Union shall select two (2) bargaining unit members who shall be granted, upon reasonable notice, a leave of absence without loss of pay, seniority or other benefits to attend to all business related to the negotiation of a revised Collective Agreement.

(b) In preparation for negotiations, an allowance of one (1) working day

with pay shall be permitted, although more time off shall be granted but without pay.

(c) All time off work under this Clause shall be considered time worked

for the purposes of statutory holidays, vacation time, seniority, health and welfare benefits and any other applicable benefit or right under the Collective Agreement.

11.08 Pregnancy/Parental Leave

Employees shall be granted pregnancy/parental leave in accordance with the following:

(A) Pregnancy Leave

(1) A pregnant employee who requests leave under this Clause in

entitled to up to seventeen (17) consecutive weeks of unpaid leave:

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a) beginning i) no earlier than eleven (11) weeks before the expected

birth date, and ii) no later than the actual birth date, and

b) ending i) no earlier than six (6) weeks after the actual birth

date, unless the employee requests a shorter period, and

ii) no later than seventeen (17) weeks after the actual birth date.

2) An employee who requests leave under this Clause after the birth of a child or the termination of a pregnancy is entitled to up to six (6) consecutive weeks of unpaid leave beginning on the date of the birth or of the termination of the pregnancy.

3) An employee is entitled to up to six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, she is unable to return to work when her leave ends under sub-clauses (1) and (2).

4) A request for leave must:

a) be given in writing to the Employer,

b) if the request is made during the pregnancy, be given to the Employer at least four (4) weeks before the day the employee proposes to begin leave, and

c) if required by the Employer, be accompanied by a medical practitioner’s certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under sub-clause (3).

5) A request for a shorter period under sub-clause (A)(1)(b)(i) must:

a) be given in writing to the Employer at least one (1) week before the date the employee proposes to return to work, and

b) be accompanied by a medical practitioner’s certificate stating the employee is able to resume work.

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(B) Parental Leave

1) An employee who requests parental leave under this clause is entitled to:

a) for a birth mother who takes leave under (A) in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to thirty-five (35) consecutive weeks of unpaid leave beginning immediately after the end of the leave under (A) unless the Employer and employee agree otherwise;

b) for a birth mother who does not take leave under (A) in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to thirty-seven (37) consecutive weeks of unpaid leave beginning after the child’s birth and within fifty-two (52) weeks after that event;

c) for a birth father, up to thirty-seven (37) consecutive weeks of unpaid leave beginning after the child’s birth and within fifty-two (52) weeks after that event, and

d) for an adopting parent, up to thirty-seven (37) consecutive weeks beginning within fifty-two (52) weeks after the child is placed with the parent.

2) If the child has a physical, psychological or emotional condition(s) requiring an additional period of parental care, the employee is entitled to up to five (5) additional weeks of unpaid leave, beginning immediately after the end of the leave taken under sub-clause (1).

3) A request for leave must:

a) be given in writing to the Employer;

b) if the request is for leave under sub-clause (1) (a), (b) or (c) be given to the Employer at least four (4) weeks before the employee proposes to begin leave, and

c) if required by the Employer, be accompanied by a medical practitioner’s certificate or other evidence of the employee’s entitlement to leave.

4) An employee’s combined entitlement to leave under clause A of this article and this section is limited to fifty-two (52) weeks plus any additional leave the employee is entitled to under clause A(3) or clause A(2) above.

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(C) Duties of Employer

1) An employer must give an employee who requests leave under this Part the leave to which the employee is entitled.

2) An employer must not, because of an employee’s pregnancy

or a leave allowed by this Part:

(a) Terminate employment, or

(b) change a condition of employment without the employee’s written consent.

3) As soon as the leave ends, the employer must place the

employee

(a) in the position the employee held before taking leave under this clause, or

(b) in a comparable position.

4) If the employer’s operations are suspended or discontinued

when the leave ends, the employer must, subject to the seniority provisions in a collective agreement, comply with sub clause (3) as soon as operations are resumed.

(D) Employment deemed continuous while employee on leave:

1) The services of an employee who is on leave under Clause

11.08 are deemed to be continuous for the purposes of:

(a) calculating annual vacation entitlement, and (b) any pension, medical or other plan beneficial to the

employee.

2) In the following circumstances, the employer must continue to make payments to a pension, medical or other plan beneficial to an employee as though the employee were not on leave:

(a) if the employer pays the total cost of the plan;

(b) if both the employer and the employee pay the cost of

the plan and the employee chooses to continue to pay his or her share of the cost.

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3) The employee is entitled to all increases in wages and benefits the employee would have been entitled to had the leave not been taken.

4) Sub clause (1) does not apply if the employee has, without the

employer’s consent, taken a longer leave than is allowed under Clause 11.08

11.09 Jury Duty

The Company agrees to pay employees when they serve on jury duty the difference between their regular straight time rate of pay and the amount they receive for such jury service; provided, however, that the employee upon receipt of said notice to serve on jury duty must notify the Company as soon as possible and must show proof of such notice of summons.

ARTICLE 12 - DISCIPLINE

12.01 Just and Reasonable Standard

An employee bound by this Agreement may only be disciplined, suspended or discharged for just and reasonable cause.

12.02 Right to a Shop Steward

The Company agrees that if it chooses to implement written discipline, suspension or discharge on an employee, a Shop Steward shall be present.

12.03 Notification of Reasons in Writing

(a) Employees shall be notified in writing of any discipline, suspension, or discharge. The disciplinary notice shall contain all relevant information such as the infraction, its’ date, place and time, along with the amount of discipline. The shop steward shall be provided a copy of the discipline at the time it is given.

(b) No complaint shall be recorded against an employee nor may be

used against him/her at any time unless said employee and the Union are advised accordingly in writing within ten (10) working days of the Company’s first knowledge of the incident or occurrence, giving rise to the complaint. In instances where the Employer reasonably requires more time to properly conduct an investigation, the Employer may request a time limit extension which the Union shall not unreasonably deny.

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12.04 Removing Discipline From Personnel Files

(a) Written Warning: The Company agrees to remove written warnings from an employee's

record after twelve (12) months and not raise the written warning in any subsequent proceedings provided that the employee does not receive discipline for any offence within the said twelve (12) month period. If an employee receives another written warning within twelve (12) months of the last written warning, then both written warnings shall remain for a further twelve (12) months from the date of the most recent written warning.

(b) Suspension: The Company agrees to remove a suspension from an employee's record

after eighteen (18) months and not raise the suspension in any subsequent proceedings provided the employee does not receive a further suspension for any offence in that period within the said eighteen (18) month period. If an employee receives another suspension within eighteen (18) months of the last suspension, then both suspensions shall remain for a further eighteen (18) months from the date of the most recent suspension.

12.05 Access to One's Own File

An employee at reasonable intervals and on his/her own time shall have access to his/her own personnel file. He/She may make copies of any material on the file.

12.06 Employee Absence Without Notification

The Parties expressly agree that an employee's absence from work without notification may be treated by the Company as a serious employment offence and be made the subject of discipline up to and including, in appropriate cases, discharge (subject to the grievance procedure).

12.07 Signing Not Agreement

Whenever an employee chooses to sign a document pertaining to discipline, he/she does so only to acknowledge that he/she has been notified accordingly.

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ARTICLE 13 - GRIEVANCES

13.01 Grievance Procedure

(a) The Company and the Union recognize that grievances may arise concerning differences between the parties in regards to the interpretation, application, operation or alleged violation of the provisions of the agreement. To resolve these differences and pursuant to the provisions of the Labour Code of British Columbia the following procedures shall be followed:

(b) Step 1 The employee and/or the shop steward shall make every effort to settle

the dispute verbally with the immediate supervisor no later than ten (10) calendar days after he/she first became aware of the circumstances giving arise to the grievance. The immediate supervisor shall reply within two (2) working days.

(c) Step 2 Failing satisfactory settlement at Step 1, the Union's grievance

representative shall submit the grievance in writing to the Director of Operations or designate who shall meet with the Union grievance representative and grievor within seven (7) calendar days of receipt of the grievance. The Director of Operations or designate shall render a decision within seven (7) calendar days of the grievance meeting.

(d) Certain Grievances to Step 2 Group, Policy, Suspension or Discharge Grievances shall be

submitted at Step 2 of the Grievance Procedure.

(e) Policy Grievance

Where either party to this agreement disputes the general application, interpretation, operation, or alleged violation of an article or clause of this agreement, the dispute shall be discussed initially between the parties within fifteen (15) working days of the Union’s first knowledge of the circumstances giving rise to the occurrence. Where no satisfactory agreement is reached either party may submit the dispute to arbitration.

(f) The time limits in each step of the grievance procedure may be extended

by mutual agreement between the parties.

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ARTICLE 14 - ARBITRATION

14.01 Matter sent to an Arbitrator

Where a matter is not resolved pursuant to Article 13 of this collective agreement, the matter must be referred to arbitration within thirty (30) calendar days of the Company's answer as set out in Clause 13.01 (c). The Parties agree that a single arbitrator shall be used as provided for in the Labour Relations Code. The Company and the Union shall make every effort to agree on the selection of the arbitrator within ten (10) calendar days after the party requesting arbitration has delivered written notice of its intent.

In the event that the Parties fail to agree on an arbitrator, they shall forthwith request the Minister of Labour to appoint one.

14.02 Arbitrator

The arbitrator shall hear each Party’s case, settle the terms of the question to be arbitrated and if possible, make his/her award within twenty-one (21) calendar days from the day of the hearing.

14.03 Limitations

The arbitrator shall not be vested with power to change, modify or alter any of the terms of this collective agreement.

14.04 Binding Decision

The decision of the Arbitrator shall be final and binding. 14.05 Expenses of the Arbitrator

The expenses and compensation, of the Arbitrator shall be divided equally between the Company and the Union.

ARTICLE 15 - WAGES

15.01 Wage Schedule

The job classification and rates of pay listed in the attached wage schedule (Appendix "A") is agreed upon by both parties and is part of this Collective Agreement.

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15.02 Higher Rate of Pay

Employees who are temporarily removed from their regular classification for one (1) day or more and given work for which a higher rate is provided will be paid the higher rate for all the time spent working on the temporary job. However, any regular employee who is assigned to do temporary work at a job for which a lower rate is provided will not suffer any loss of pay and no rate reduction will be made in this event.

15.03 New Job Classification

If any new job classification is established or there is a significant change in the job content of any classification referred to in Appendix "A" of this Agreement, the parties agree to negotiate a rate for the job in question. If the parties are unable to reach agreement, then the dispute will be settled by the grievance arbitration procedures of this Agreement.

15.04 Cheque Issue

Pay statements will be issued before the end of employee's shift on pay day, or, wherever practicable, before the lunch period on the employee's said shift. The Company agrees to provide a written breakdown of the monthly commissions.

15.05 Payment of Wages - Irregular

Any employee being discharged, laid-off, or leaving of his/her own accord will be paid all wages due to him/her as promptly as possible, or, in any event, within forty-eight (48) hours of the expiration of the next working day. Weekends shall be considered working days if part of the employee's normal work schedule.

15.06 Charge Hand

A "Chargehand" is an employee who assists the Service Manager in the following:

- training employees; - providing motivation to employees in attaining the Company objectives of

safety, quality, and quantity of work; - transmitting work instructions and specifications to employees in his/her

area; - solving work problems in his/her area; - various administration functions as he/she currently does including parts

inventory control. Chargehands have no vested authority to recommend or effectively recommend

the taking of any disciplinary action against any other employee. Chargehands will be paid a premium set out in Appendix "A".

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15.07 Payroll

The Company shall, at their discretion, issue the payroll to Employees either weekly, or biweekly.

ARTICLE 16 - APPRENTICESHIP

16.01 Indentured Apprentices

It is agreed that apprentices may be indentured under the provisions of the Apprenticeship Act of the Province of British Columbia.

16.02 Apprentice Wage Rates

(a) Apprentice Journey Technician Wage Rates: first six months: 60% of journeyman rate second six months: 65% of journeyman rate third six months: 70% of journeyman rate fourth six months: 75% of journeyman rate fifth six months: 80% of journeyman rate sixth six months: 85% of journeyman rate seventh six months: 90% of journeyman rate eighth six months: 95% of journeyman rate Employees with previous experience in the trade may be slotted in an

appropriate level of apprenticeship consistent with their level of experience and knowledge of the trade.

(b) Apprentice Trailer Technician Wage Rates 1st year 0-1650 hrs 65% of Journeyman Trailer rate 2nd year 1651-3300 hrs 74% of Journeyman Trailer rate 3rd year 3301-4950 hrs 85% of Journeyman Trailer rate

Upon successful completion of the BC Trade Qualification Certificate:

- 100% of Journeyman Trailer rate.

Employees with previous experience in the trade may be slotted in an appropriate level of apprenticeship consistent with their level of experience and knowledge of the trade.

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16.03 Maintenance of Wages While at School

The Company agrees to maintain the wages of an apprentice where that apprentice, as a requirement of apprenticeship, is required to attend school. The amount of any government grant, if received by an apprentice, shall be deducted from his/her wages.

16.04 Training Opportunities for Apprentices

In order to assure thorough training for apprentices, the Company agrees to ensure that an apprentice is exposed to sufficient training opportunities consistent with the trade.

The Branch Maintenance Manager will determine requirements of additional

training and experience. Apprentices may be required to transfer locations for training and experience as determined by his/her supervisor. Letter of Understanding #7 does not apply to apprentices with respect to the above.

ARTICLE 17 - TECHNOLOGICAL CHANGE

17.01 Procedures For Technological Change

The procedures to be followed by the Company and the Union concerning technological change shall be in accordance with the Industrial Relations Act of British Columbia. However:

(a) Where a technological change results in the permanent elimination of job

classifications, employees in those classifications shall be given preferential consideration to be trained for other jobs in the bargaining unit.

(b) Severance pay for employees displaced by technological change shall be

governed by the time periods established under Article 17.02. 17.02 Permanent Closure of Operation of Department

In the event that the Company shall permanently cease operation, or, in a department thereof, the Company shall provide to each employee affected notice or payment in lieu of notice in the amount of one (1) week for each year of service, with a minimum of two weeks, up to a maximum of thirteen (13) weeks.

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ARTICLE 18 - LETTERS OF UNDERSTANDING

18.01 Letters Of Understanding And Memorandums To Be Part Of Collective Agreement

A Letter of Understanding or other Memorandum of Agreement between the Company and the Union shall only be considered as part of this Agreement if it is made during the term of this Agreement or is listed in Appendix "B" hereto.

18.02 Ratification By Employees

The Union hereby advises the Company that it will not be bound by any Letter of Understanding or other Memorandum of Agreement unless there has been ratification by a majority vote of employees who are Union members in good standing. Where the Union executes a Letter of Understanding, the Union agrees that it will recommend acceptance to the employees who are Union members in good standing.

ARTICLE 19 - GENERAL PROVISIONS

19.01 Strikes/Lockouts

It is agreed by the Union that there shall be no strikes, walkouts, or other interruptions of work during the period of this Agreement. It is agreed by the Company that there shall be no lockouts during the period of this Agreement.

19.02 Validity Of Collective Agreement If Article Invalid

If any Article or Section of this Agreement shall be held invalid by operation of law or by a tribunal of competent authority, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal, pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section to persons or circumstances other than those as to which it is held invalid, or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.

19.03 Medical Information

When the Employer requires an employee to obtain medical documentation, any resulting charge by the doctor which is not paid by the employee’s medical insurance plan will be paid by the Employer.

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19.04 Training Opportunities And Job Related Courses

The Company agrees that it is beneficial to have well trained employees. To ensure that all employees have every opportunity to learn new skills and upgrade their existing skills, the Company agrees to the following: (a) Training, in-house or otherwise will be distributed as equitably as possible. (b) If an employee wishes to enrol in a job related course he/she will be able

to reschedule his/her shift in order to accommodate the course providing the employee has given the Company fifteen (15) working days advance notice of the course commencement week.

(c) In the event that more than one (1) employee requests to reschedule their

shift then the most senior employee will be able to reschedule. However, the next time there is an opportunity for an employee to enrol in a job related course and reschedule their shift, the next senior employee will have the opportunity to do so.

(d) The Parties agree that shifts may not be rescheduled to accommodate job

related courses during the summer months when shifts cannot be covered due to vacations.

(e) Tuition Aid Company agrees it will reimburse employees 100% for the cost of tuition

and books for job related courses, subject to the employee obtaining a passing grade.

In addition, the Company will reimburse employees 75% of the cost of

tuition for courses taken at accredited institutions, colleges and universities subject to the employee obtaining a 75% passing grade, and, employees may be asked to provide proof of the 75% passing grade. Management must give prior written approval.

(f) Scheduling of Courses In house Company training courses put on by Ryder personnel, will be

scheduled during normal shift hours.

ARTICLE 20 - INSURANCE, MEDICAL AND OTHER BENEFITS

20.01 Ryder Truck Rental Canada Ltd. Employee Benefit Plans

The Ryder Truck Rental Canada Ltd. Employee Benefit Plans, as they are presently constituted and laid-out in the Ryder Employee Handbook dated

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December 2006, will be continued in full force and effect for the duration of this Agreement. Provided, however, that medical coverage, rather than being supplied under the Ryder Truck Rental Canada Ltd. Plan, will be supplied under the British Columbia Medical Plan. In addition to the Ryder Truck Rental Canada Ltd. Retirement Plan, the employees will be entitled to participate in the Ryder Group Registered Retirement Savings Plan and the Ryder Deferred Profit Sharing Plan.

The Company shall pay for eye exams in the amount of $75.00 every

twenty-four (24) months per eligible employee and eligible dependents. ($85.00 as of March 12, 2009 and $100 as of March 12, 2010.)

20.02 Employee On Layoff

In the event that an employee is laid off, the benefits set forth in Article 20.01 will continue in full force and effect for:

(a) Employees with less than five (5) years of service:

Two (2) months from the end of the month following the month in which the lay-off occurred; or

(b) Employees with more than five (5) years of service:

Three (3) months from the end of the month following the month in which the lay off occurred.

20.03 Tool Insurance

The Company agrees to provide a maximum of thirty thousand dollars ($30,000.00) tool insurance per mechanic to cover loss of all tools indicated on the mechanic's Company approved Tool Inventory due to proven break-in at the Company's premises, or break-in of tools carried inside a Company vehicle used on a service call, or by reason of fire, or in the event of an upset or collision in a Company vehicle on a service call, as per insurance Company regulations.

Should the value of the employee's tool inventory be less than the thirty

thousand dollars ($30,000.00) maximum, the lower value shall be insured. For a Mechanic to have all of his/her tools covered, the mechanic must

supply the Company with a fully updated inventory of his/her tools and their cost by January of each year hereafter. Tool insurance will only cover those tools included in a previously submitted or updated inventory. New employees must supply an inventory within thirty (30) days.

The Company agrees further to insure tool boxes to cover damage as a result of

no fault of the employee who owns the tool box damaged.

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A tool allowance of thirty-five dollars ($35.00) per month shall be paid to all

mechanics (including apprentices) required by the Company to supply their own tools. ($50.00 as of March 12, 2010.)

A tool allowance of twenty dollars ($20.00) per month shall be paid to all

Lubrication Attendants required by the Company to supply their own tools. ($25.00 as of March 12, 2010.)

20.04 Sick Leave

Full time employees shall receive full pay for absences due to illness to a maximum of five (5) working days or forty (40) hours per contract year.

Sick leave shall be subject to the following provisions: (a) A statement from the employee's physician may be required to support

absences on sick leave for a duration of more than two (2) consecutive scheduled work days.

(b) Sick days cannot be "banked", deferred or carried over from contract year

to contract year. (c) Sick leave is not to be used for tardiness, personal days nor any purpose

other than legitimate illness. (d) Each sick day shall be paid at an amount equal to the number of hours an

employee is normally scheduled to work each day. (e) Sick leave may be used for less than a full work day. An employee who

reports sick during any scheduled work day will have his/her sick leave allotment reduced by the number of hours not worked during that day.

(f) A new employee shall not receive sick leave benefits until he/she has

been in the employ of the Company for sixty (60) calendar days. (g) Sick leave may be used to supplement Lost Time Benefits as per Letter of

Understanding #3 concerning Lost Time Benefits. (h) An employee shall be paid one hundred percent (100%) of his/her unused

sick leave allotment in the last pay period of each contract year. Unused sick leave will be paid at the employee's regular rate of pay as of the last pay period in each contract year.

(i) Sick leave is to be pro-rated based on time worked for employees who are

laid off, terminated or newly hired during the contract year.

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ARTICLE 21 - OUT OF TOWN WORK

21.01 Employee Working Outside the Lower Mainland

The Company agrees that in the event an employee is required to work outside the Lower Mainland the following shall apply:

(a) All transportation will be arranged and paid for by the Company. (b) Employees will be paid travel time as their applicable rate of pay as per

the collective agreement including overtime rates and shift premium. (c) All accommodation will be arranged and paid for by the Company. (d) All reasonable meal expenses will be paid for by the Company. (e) The Company will make available to any employee required to work out of

town a travelling tool box and pay the shipping costs so that they may take their own tools.

ARTICLE 22 - DURATION OF AGREEMENT

22.01 Duration

This Agreement shall be effective March 12, 2008 until midnight March 11, 2011. 22.02 Notice to Bargain

(a) This agreement may be open for collective bargaining by either party given written notice to the other party within the four (4) months immediately preceding the expiry of this Agreement.

(b) Where notice is not given under (a) above, both parties shall be deemed

to have given notice under this section sixty (60) days prior to the expiry of this Agreement, and thereupon Article 21.04 of this Agreement applies.

22.03 Exclusion of Section 50(2) and (3)

By agreement of the parties hereto, the provisions of Section 50 (subsections 2 and 3) of the B.C. Labour Relations Code are specifically excluded.

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22.04 Commencement of Bargaining

Where a party to this Agreement has given notice under section 22.02 of this article, the parties shall, within ten (10) days after the notice was given, commence collective bargaining.

22.05 Change in Agreement

Any change deemed necessary in this Agreement may be made by mutual agreement of the principals at any time during the life of this agreement.

22.06 Agreement to Continue in Force

Both parties shall adhere fully to the terms of this agreement during the period of collective bargaining.

ARTICLE 23 - WORKPLACE HARASSMENT

23.01 Company Commitment

The company is committed to the prevention of harassment in the workplace and recognizes that the responsibility to create an environment based on mutual respect, cooperation and understanding is shared among all employees. The company will make every effort to ensure that no employee or anyone having a work relationship with any employee is subject to any form of harassment. The company also accepts, without qualification, that every employee is entitled to a work environment that is free of any form of harassment.

23.02 All Allegations

Any allegations of harassment involving employees of Ryder will be dealt with through this article.

23.03 Confidentiality

All parties will maintain strict confidence as much as possible so that any complainant feels free to come forward and that the reputations of all individuals involved are protected.

The parties will make every reasonable effort to ensure that the name of the

complainant and/or the circumstances relating to the complaint will be kept confidential except when disclosure is necessary for the purpose of investigation or disciplinary action.

Confidentiality is not the same as anonymity. If the complainant chooses to

pursue the informal complaint resolution or the formal review, he or she must be

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prepared to be identified so that the respondent is informed of the allegations and has the opportunity to respond.

23.04 Workplace Harassment Is Defined As:

Unacceptable, unwelcome conduct or comment that has the effect of: - causing intimidation, offence or humiliation to any employee, or - undermining the employment relationship, or - being perceived as placing an improper condition on employment, or - being discriminatory under the Human Rights Act. 23.05 British Columbia Human Rights Act Discrimination Is Categorized Into:

- race, - color, - ancestry, - place of origin, - religion, - marital status, - family status, - physical or mental disability, - sex, - sexual orientation, - age, - political belief, - conviction for a criminal charge unrelated to company employment. 23.06 How Where and When

Harassment may occur during one incident or over a series of related or unrelated incidents. Harassment may take place at work or away from work between or amongst employees where there is a sufficient link between the conduct or comment complained of and the operation of the workplace.

23.07 Also May Include

Harassment can include, although not limited to, the following acts and/or behaviours:

- verbal or physical abuse; - derogatory remarks; - display of pornographic or offensive materials; - unwelcome invitations or requests; - innuendoes or taunts about a person’s body or beliefs; - unnecessary physical contact; - threats; - leering;

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- outright physical assault; - intimidation; - practical jokes that cause awkwardness or embarrassment; - retaliation against an individual who has filed a complaint of harassment. 23.08 Forms of Harassment

Harassment may take, although not limited to, the following forms: - sexual harassment; - personal harassment; - place of origin/racial/ethnic/colour harassment; - physical/mental disability harassment; - religious harassment; - age harassment; - marital/family harassment; - sexual orientation harassment. 23.09 Perception

An action or behaviour can become harassment if the receiver perceives it as such, regardless of the intentions of the initiator.

23.10 Sexual Harassment

Sexual harassment can include, although not limited to, the following actions or behaviours:

- sexual advances; - request for sexual favours; - other verbal or physical contact. By a person who knows or ought to reasonably know that the conduct or

comment is unacceptable and/or unwelcome. 23.11 Improper Conditions

Improper condition on employment is when the comment or conduct: - is accompanied by a reward, or the express or implied promise of a

reward for the compliance, or - is accompanied by reprisal, or the express or implied threat of reprisal, for

refusal to comply, or - is accompanied by the actual denial or threat of denial of opportunity for

refusal to comply, or - has the effect of creating an intimidating, hostile or offensive environment.

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23.12 Workplace Harassment Advisors

(a) Ryder and CAW Local 114 agree to appoint two (2) individuals to serve as Workplace Harassment Advisors. These individuals will receive company-funded training on:

- the issue of harassment; - harassment policy and procedures; - their role as harassment advisors. (b) The role of these advisors is to: - be neutral and non-advocacy in nature; - advise and support, at each stage of the process, employees

involved in harassment; - provide advice to all employees on harassment issues; - provide information on counselling available to individuals involved

in harassment; - provide regular status reports, including statistical data on

complaints. 23.13 Complaint and Investigation Procedure

(a) The complaint and investigation procedure is not intended to be restrictive in any way. In addition to this procedure, bargaining unit employees have the right, at ant time, to seek the assistance and/or involvement of a union representative and to pursue existing grievance procedures. In the event that a grievance is filed, the grievance will start at a stage agreed to by the parties.

(b) This procedure is not intended to preclude any other existing recourse that

may be available to an employee. (c) The complaint process, once initiated, will be expedited as quickly as

possible. 23.14 Guidelines to Complainants

(a) Employees who believe that they have been harassed are encouraged to talk to whomever they feel comfortable talking to, including any one of the Harassment Advisors, Job Stewards, Managers or Co-workers. They should then be encouraged to discuss their concerns with one of the Harassment Advisors. The Advisors have been trained to offer advice, assistance and support on how to deal with harassment concerns.

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(b) Complainants are encouraged to make known to the alleged respondents(s) that their conduct is unwelcome and that it should cease immediately. If this is not successful in stopping the behaviour, the complainants should continue through the process.

(c) If the complainants feel uncomfortable or unsafe in approaching the

alleged respondent directly this step may be skipped. 23.15 Informal Complaint Process

(a) At any stage of the complaint process, the complainant, respondent and any witnesses may be accompanied by a representative.

(b) The complainant, with the advice of the Workplace Harassment Advisor,

will determine the best course of action. Some options are to: - discuss the concern directly with the respondent; - discuss the concern directly with the respondent with the

assistance of the Advisor; - request that an Advisor meet with the respondent and discuss the

complaint; - request that a third party be appointed to assist in the complaint; - request a formal review; - initiate a grievance. (c) If the complaint is resolved through the informal process, the written

record of the complaint and the resolution, other than statistical data reported to the company, will be given to the complainant and respondent only.

(d) If the informal complaint resolution does not take place or takes place and

the complaint remains unresolved, the complainant may refer the complaint to the formal review process.

23.16 Third Party Involvement

A request for third party involvement must be submitted in writing to the company manager. The neutral role of the third party is to help the complainant and respondent themselves come to an agreement, or to investigate and submit a report including recommendations, not to advocate a position or impose a decision.

23.17 Formal Review

A request for a formal review must be submitted in writing to the company manager. If a request for a formal review is received that involves a bargaining unit member(s) designated representatives of the bargaining unit will be advised in writing. Once a formal review is requested the company manager will

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investigate and submit a report including recommendations to the company president. The company manager will interview the complainant, respondent and any witnesses. These interviews will be conducted as discreetly as possible. Both the complainant and the respondent will be given equal opportunity to discuss their case. Each party will be advised of their right to representation at any stage of the process. The report resulting from the formal review will be submitted by the company manager, with recommended resolutions to the company president. The company manager will advise the complainant and the respondent of the final resolution.

23.18 Formal Review Resolution

If, after an investigation and formal review, it is determined that an employee has committed an act of harassment, the company manager, in consultation with the company president, will implement appropriate action, which may include education intended to change behaviour and eliminate harassment, and/or discipline, up to and including discharge.

23.19 Appeal Procedure

Bargaining unit members who wish to appeal discipline will do so through their relevant grievance procedures. Non-bargaining unit members who wish to appeal will do so through a neutral third party.

23.20 Record of Complaints

If informal or anonymous complaints are received, only statistical information required by the company manager will be retained.

23.21 Vexatious Complaints

If, as a result of an investigation, a complaint is found to be vexatious, it will be considered a form of harassment and will be dealt with in accordance with this policy.

23.22 Retaliation

Retaliation against an individual who has been involved in a complaint of harassment will be considered a form of harassment and will be dealt with in accordance with this article.

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IN WITNESS THEREOF the parties hereto have executed this Agreement on the day of , 2008, in the city of , British Columbia. FOR THE COMPANY: RYDER TRUCK RENTAL CANADA LTD.

FOR THE UNION: CANADIAN AUTO WORKERS (CAW-CANADA) LOCAL 114

Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

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APPENDIX "A" - WAGES

CLASSIFICATION: 2008 2009 2010 (4.5%) (4.5%) (4%) Journeyman Technician $32.46 $33.92 $35.28 2008 2009 2010 (3%) (3.5%) (4%) Trailer Technician $25.75 $26.65 $27.72 Lubrication Attendant * Full Time Fuel Attendant ** Rental Sales Representative *** $18.99 $19.65 $20.44 Probationary Rental Sales Representative $16.51 $17.09 $17.77 Sr. Parts Clerk $23.29 $24.11 $25.07 Parts Clerk $18.99 $19.65 $20.44 PREMIUMS: MVI $0.30 $0.50 $0.50 Class 1 or 3 with air $0.30 $0.50 $0.50 10 year service $0.50 $0.50 $0.50 Charge Hand 6% St. John's First Aid $0.25 Industrial First Aid "C" TICKET $0.40 Industrial First Aid "AB" TICKETS $0.50 * The following step rates shall apply to Lube Attendants: 0-12 months 12-24 months 24 months & over 50% of tech rate 55% of tech rate 60% of tech rate

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** The following step rates shall apply to Fuel Attendants: 0-12 months 12-24 months 24 months & over 45% of tech rate 50% of tech rate 55% of tech rate The Company shall pay for any costs associated with obtaining or renewing the “M.V.I. Inspection Card” but shall not be liable for any fines or payments associated with infractions. *** Rental Representatives are eligible for the Ryder Incentive Plan which shall be considered part of the rental reps compensation package. The terms and conditions of the Ryder Incentive Plan shall be included in this Collective Agreement as Letter of Understanding # 16. Only Full Time Rental Representatives are eligible for incentive plan.

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APPENDIX "B" – RISK ASSOCIATED BEHAVIOUR

IN THIS PROCEDURE: You can find information on the following topics:

Topic

Purpose Accountability Scope Risk Associated Behaviour RAB Corrective Action

PURPOSE The purpose of this procedure is to define Risk Associated

Behaviour (RAB) and outline corrective actions to be taken when an employee engages in risk-associated behaviour (RAB).

ACCOUNTABILITY In order to achieve a safe and healthy work environment, all employees in the organization must fully perform their responsibilities. The key steps for establishing accountability and improving safety and health performance are to:

establish and formally communicate objectives;

measure and evaluate performance, and

address substandard performance.

SCOPE This policy applies to all Ryder employees.

RISK ASSOCIATED BEHAVIOUR

Sub-standard safety and health performance is defined as Risk Associated Behaviour and can result in collisions, injuries or loss/damage of property and assets. Risk associated behaviour is not acceptable and may result in discipline depending on the circumstances. An employee’s behaviour is considered risk associated when: the employee's safety training and knowledge of the

company's safety policies, procedures and applicable government regulations are documented; and

the employee violates these policies, procedures or regulations

in such a manner that increases the risks associated with preventable injuries, illnesses, collisions and/or near miss incidents.

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As it relates to driving, risk-associated behavior includes:

⇒ Preventable collisions ⇒ A conviction for any moving traffic violation in a

commercial vehicle As it relates to Hours of service, risk associated behavior

includes:

⇒ Violations where a driver willfully operates a vehicle in excess of the HTA I DOT regulations. A violation is considered willful when the outcome of the violation results in the completion of a trip, portion of a trip or other circumstance that is of benefit to the driver and would not have been possible without the violation.

− Violations occurring due to

misunderstandings or misinterpretations of the regulations will be addressed through additional education and training

− Violations of hours of service regulations

that result from minor miscalculations of off duty time should not be considered willful violations unless they occur repeatedly.

Note: Falsification of hours of service records, including support documentation, shall be treated in a similar fashion as falsification of any other business documents and may result in immediate termination of employment

CORRECTIVE ACTION

When a manager determines that an employee has engaged in risk associated behavior, the manager must take corrective action for the safety of all employees and the public.

Important: Corrective actions must be uniform for violations involving substantially similar facts and circumstances. The primary purpose of the corrective action is to prevent future occurrences of risk associated behavior and is not to penalize the employee for having a collision or injury.

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LETTER OF UNDERSTANDING #1

BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Clarification Of Ryder Truck Rental Canada Ltd. Employee Benefit Plans,

Lost Time Benefits, Operations Of Plan

The actual operation of the Ryder Truck Rental Canada Ltd. LTB Plan, as described on page 22 of the Plans Booklet is clarified by the following: Lost Time Benefit (Weekly Indemnity) Where an employee who is paid on an hourly basis is unable to work because of a non-occupational accident or illness, such employee will be allowed the difference between his/her weekly base pay an amount equal to 60% of his/her weekly base pay and continue for a maximum of 15 weeks at which time the employee will be covered under E.I. benefits for any one period of disability. The above will be in accordance with the following schedule: 1st through 15th week - 60% of base pay, no maximum 16th through 25th week - E.I. prevailing rate Effective 26th week - the employee will be eligible to apply for Long

Term Disability benefits. Sick Leave Supplement Sick leave may be used to supplement the Lost Time Benefit subject to the following provisions: 1. Should an employee not work for his/her regular scheduled work week due to

illness or non-occupational injury, and where payment of lost time benefit results in the employee receiving less than 100% of his/her regular weekly income, the employee shall use sick days to supplement his/her weekly income for that week to 100% of regular weekly income subject to the amount of sick pay available to the employee as specified in the agreement.

2. When an employee has unused sick leave the unused sick leave must be used

to supplement Lost Time Benefits; and employee cannot elect to defer the unused sick leave benefit to a later occasion.

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3. No combination of lost time benefit and sick days will be used to result in a

benefit payment greater than 100% of the employee's regular weekly wage (i.e. no pyramiding).



Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

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BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Lubrication Attendant Classification

The Lubrication Attendant is an employee who performs those checks and adjustments incidental to the maintenance of a vehicle (excluding items related to safety) which do not require technical competence. To clarify further the Parties agree that the Lubrication Attendant shall be restricted from the following checks and adjustments on Preventative Maintenance Inspection Sheets: 1. Steering repairs and adjustments; 2. Brake repairs or replacements; 3. Wheel bearing adjustments or assembly thereof; 4. Tests, adjustments and tune ups on gas and diesel engines or C supplement

items; 5. Driveline repairs or adjustments; 6. Component replacements or overhauls; 7. Road test; 8. Checks and adjustments on air systems unless Lube Attendant has valid B.C. Air

Endorsement. As per existing Agreement the Company agrees to provide training to ensure the safe performance of the Lube Attendants' duties.

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Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

________________________________________________________________________________________________________________________________________________________________________



BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Lubrication Attendants/Apprentices

The Parties agree that no more than one (1) Lubrication Attendant shall be employed for each six (6) Journeyman Mechanics employed and there shall be not less than one (1) apprentice employed for each six (6) Journeyman Mechanic employed. In the event a Lubrication Attendant is the successful applicant for an Apprenticeship Job Posting, the Company agrees that this employee shall be slotted into the Apprenticeship wage progression at an entry point consistent with his/her level of experience and will not suffer a reduction of his/her current wage rate. IN WITNESS THEREOF the parties hereto have executed this Agreement on the day of , 2008, in the city of , British Columbia. FOR THE COMPANY: RYDER TRUCK RENTAL CANADA LTD.


Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

________________________________________________________________________________________________________________________________________________________________________



BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Short-Term Transfers

Where an employee who is normally scheduled to work in one location is required to work in another, the following shall apply. At least forty-eight (48) hours notice will be given to an employee whose schedule has changed as a result of a transfer except in the case of an emergency, or unless the employee agrees to shorter notice. The Company will provide forty-eight (48) hours notice to an employee who is required to work in a shop other than that in which he/she is normally scheduled to work, failing which, during the first two (2) days of a transfer, the employee will first report to his/her "home" shop and then travel to the other shop on Company time during his/her scheduled work hours, unless the employee agrees to travel directly to and from home to the new shop on his/her own time. The Company intends to provide transportation where necessary from the employee's "home" shop to employees who are required to attend to work in the other shop. If, however, the employee is required to use his/her own vehicle, the Company will reimburse the employee for mileage in the amount of ten dollars ($10.00) per day. The Company will transport the employee's tools to and from the new shop, unless the employee otherwise agrees. The Company recognizes that short-term transfers can be difficult for employees who have pre-existing personal or family commitments. The Company will therefore bring into force a Policy for addressing the circumstances of employees in this situation. The Policy will provide that the Company will, in the case of an employee whose pre-existing personal or family commitments prevent the employee from attending at the new shop on the same schedule as at the "home" shop, will, if requested by the employee, revise the employee's schedule (within the collective agreement start and stop parameters) to meet the mutual interests of the Company and the employee. The Parties agree that a Short Term Transfer is a transfer of less than thirty (30) calendar days. Vacancies of thirty (30) days or longer at each shop shall be filled as per Article 9 - Job Posting. The only exception is a vacancy created as a result of an

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apprentice attending apprenticeship school. In this event the vacancy shall be posted after sixty (60) calendar days. The Company will reimburse the employee for mileage in the amount of ten dollars ($10.00) per day where mileage and time is greater than the regular travel from their home to their home shop. This applies to all full time employees only. IN WITNESS THEREOF the parties hereto have executed this Agreement on the day of , 2008, in the city of , British Columbia. FOR THE COMPANY: RYDER TRUCK RENTAL CANADA LTD.


Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

________________________________________________________________________________________________________________________________________________________________________



BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Benefits And Paid Time Off

The Company agrees that should it decide to improve the Ryder Truck Rental Canada Ltd. Employee Benefit Plans, this Agreement will automatically include any improvements made during this term on the effective date of the change. IN WITNESS THEREOF the parties hereto have executed this Agreement on the day of , 2008, in the city of , British Columbia. FOR THE COMPANY: RYDER TRUCK RENTAL CANADA LTD.


Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

________________________________________________________________________________________________________________________________________________________________________


LETTER OF UNDERSTANDING # 6

BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Compressed Work Week

The Company shall have the ability to establish a Compressed Work Week. A Compressed Work Week shall be defined as follows: (1) 4 day work week. (2) 3 consecutive days off. (3) Lunch and coffee breaks as provided for in the standard 5 day work week set out

in Article 5 of the collective agreement, and three (3) – fifteen (15) minute coffee breaks over the course of the shift.

(4) Overtime at 150% for any work performed between 10 and 11 hours in any

Compressed Work Week shift. (5) Overtime at 200% for any work that goes beyond 11 hours in any Compressed

Work Week shift. (6) Overtime at 200% for any work that goes beyond 44 hours in any work week. (7) Saturday and Sunday Employees shall have their lunches paid for as set out in

Article 5 of the collective agreement. (8) All Compressed Work Week shifts shall be shifts that start between 6:00 am and

8:00 am. (9) Any Employee that has their regular shift pattern changed due to the

implementation of this LOU shall be able to bump a junior Employee off of their shift schedule. Any Employee affected by a bump shall be able to, in turn, bump junior Employees off of their shifts until all vacant shifts are filled, including the Compressed Work Week Shift schedule patterns.

(10) All new shift patterns both 5 day and 4 day shall be posted pursuant to the

collective agreement and shall be filled according to seniority. Any bumping that may occur as a result of this provision shall be handled pursuant to the foregoing point (9) above.

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Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

________________________________________________________________________________________________________________________________________________________________________



BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Article 5.02

Full-time rental representatives will not be required to work beyond 6:00 pm unless mutually agreed.



Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

________________________________________________________________________________________________________________________________________________________________________



BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Compressed Work Week 3 X 12 Hour Shifts

(a) It is agreed that when a twelve (12) hour compressed work week is to be

implemented by the Company the following guidelines will apply: (i) Twelve (12) hour day shifts of 3 days X 12 hours (6:00 am - 6:00 pm;

Monday to Wednesday; Thursday to Saturday); (ii) Twelve (12) hour afternoon shifts of 3 days X 12 hours (12:00 p.m. -

12:00 am; Monday to Wednesday; Thursday to Saturday); (iii) Twelve (12) hour Mobile Service Vehicle shifts of 3 days x 12 hours

(flexible shift start and finish times as mutually agreed); (iv) If employer decides to implement a twelve (12) hour weekend shift of

3 days X 12 hours the following shall apply: (6:00 am - 6:00 pm; Friday, Saturday, Sunday) or (6:00 am to 6:00 pm Saturday, Sunday, Monday).

(b) The Company will administer the Compressed Work Week Agreement

according to the following provisions:

(i) Hours worked in excess of twelve (12) hours per day will be paid at two (2) times the regular hourly wage rate. Hours worked in excess of forty (40) hours per week will be paid at one and a half (1.5) times the regular hourly wage rate, as per Article 5.09 (b) - double time (2X) the regular rate shall be paid for all overtime hours after four (4) overtime hours have been worked in a work week;

(ii) Thirty-six (36) hours of regular pay will be paid for a compressed workweek consisting of 3 X 12 hours shifts worked in a 7 day workweek (defined as Thursday through Wednesday);

(iii) A designated employee must handle the phones from 11:00 pm to 12:00 am on Fridays and 5:00 pm to 12:00 am on Saturdays;

(iv) Four rest periods of fifteen (15) minutes will be staggered between days and afternoons overlap. The lunch period of thirty (30) minutes will be paid;

(v) Employees choosing to make up four (4) hours (increasing work week to 40 hours) can do so at straight time;

(vi) All Statutory Vacation days will be paid twelve (12) hours;

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(vii) Shift differentials apply to all afternoon shifts; (viii) Sick pay will be provided at 60% of a thirty-six (36) hour work week; (ix) Swing shift rotation will be every two (2) weeks as defined above; (x) It is agreed that a $0.55/hour shift premium will be applied to all

hours worked by employee working twelve (12) hour shifts. (xi) Both Parties agree that if the 12 hour compressed work week is

terminated the shifts will revert back to existing shifts outlined in the Collective Agreement.

(xii) Either Party shall have the ability to discontinue this LOU agreement providing that 90 days notice is given.



Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

________________________________________________________________________________________________________________________________________________________________________



BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Trailer Technician Classification

The Trailer Technician is an employee who repairs, rebuilds, paints, and maintains trailers, including refrigeration, body work and electrical repairs. To clarify further, the Parties agree that the Trailer Technician shall be restricted from performing any· preventative maintenance inspections, diagnostics or major component repairs on power units (Straight trucks or Tractors). They shall be permitted to perform minor repairs when a qualified technician is not available. As per the existing agreement, the Company agrees to provide all necessary training to ensure the safe performance of the Trailer Technician duties. IN WITNESS THEREOF the parties hereto have executed this Agreement on the day of , 2008, in the city of , British Columbia. FOR THE COMPANY: RYDER TRUCK RENTAL CANADA LTD.


Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

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BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Langley Rental Operations

Where the rental transactions in Langley have deteriorated to the point of requiring a part time Rental Sales Representative (RSR), and the increased demand for a representative for used vehicle sales at this location, both parties have agreed:

1. The Company may assign a salaried non union employee to conduct rental counter operational and sales functions;

2. The existing RSR in Langley Yvonne Kuntz will continue to perform her current duties and will not be effected, other than should a vacancy occur at the Annacis location she will be required to fill that vacancy;

3. Both parties agree, without prejudice, to an annual review of this arrangement;

4. Should the rental transactional activity at this branch substantially increase, the previous incumbent Yvonne Kuntz will be provided the first opportunity to return to her previously assigned position on the Langley rental counter;

5. Both parties agree that this arrangement will not impact the hours of work and job duties of the current RSR incumbents at the Annacis location;

6. Upon ninety (90) calendar days’ written notice, either party may cancel this L.O.U.

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Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

________________________________________________________________________________________________________________________________________________________________________



BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Casual Relief Rental Sales Representative

Without Prejudice or Precedent

1. The Company shall have the right to actively employ one (1) casual relief employee at any one time. Shifts will be a minimum of four (4) hours per day.

(A casual relief employee shall be defined as an employee hired to provide temporary, short term, day to day or week to week coverage for employees absent due to vacation, sick leave, etc. and/or peak business periods.)

2. The rate of pay shall be pursuant to Appendix “A” of the Collective Agreement.

3. The Company agrees that no other employee shall suffer e reduction in hours or a layoff as a result of the employment of a casual/relief employee.

4. A casual/relief employee shall join the Union and pay Union dues.

5. A casual/relief employee shall not accrue seniority until he/she attains a full-time or part-time position within the bargaining unit. When this occurs, seniority will be backdated based on actual days worked. The probationary period for a casual/relief employee will be ninety (90) days worked.

6. A casual/relief employee shall receive eight percent (8%) of their gross weekly earnings In lieu of vacation and Health and Welfare benefits.

7. All other terms of the Collective Agreement shall apply.

8. Upon ninety (90) calendar days’ written notice, either party may cancel this L.O.U.

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Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

________________________________________________________________________________________________________________________________________________________________________



BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Rental Incentives

It is agreed that all full-time Rental Sales Representatives will be required to participate in the Rental Incentive program. Part-time sales reps are encouraged to participate however will not be mandated to do so. The following charts outline the details of the program. All rental employees will be required to accurately complete monthly tracking records in compliance with the program.

RSR RENTAL MANAGER AND

DIR OF RENTAL

Every Rental Staff person must submit this sheet regardless of qualification.

New/Reactivated accounts: attach copy of rental contract and CMD 18 contact to incentive sheet for verification of new account and RSR contact/setup. Reactivated accounts must have dormant for at least 9 months in FIS CMD 11.

Appointments must be submitted on lead form that is located in the RSR tool box

Verify you meet all qualifiers. Attach the utilization improvement year

over year from the rental metrics in the Rental folder in Ride

Attach completed lead sheets and appointments to the RAM

The rental manager will fill in the business plan numbers and the monthly earnings

Verify minimum leads and telemarketing calls

Verify new rental accounts were reactivated or setup by RSR

Verify lead sheets for content of information and make sure RAM is following up on all leads

Verify monthly Utilization in Ride Verify the BU plan number vs. results

for the month Help the RSR calculate the incentive

based on plan obtainment Validate attached earning statement

equates to submitted amount Validate prior months pay for current

month incentive earnings

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CALCULATION The incentive calculation will be based on prior months pay.

Qualifiers (no incentives are paid if qualifier is not met)

On RAM Appointment Quota (5 appointments per month per RSR) Y/N Attain sales call quota non-book of business (35 calls per week) Y/N Book of Business contacts made (5 per week to hit quarterly target) Y/N

Incentives

# % per Activity

% of Monthly Earnings

NEW or REACTIVATED ACCOUNTS (inactive for at least 9 months) 0.40

0.00

Utilization Improvement Over Year Prior ( Branch) 1% to 3% 0.75 0.00 3% to 5% 1.00 0.00 5% or greater 1.50 0.00 Number of appointments on lead form (Found In RSR Tool Box) 0.50 0.00 Subtotal 0.00 Business Unit Rental Revenue Plan Attainment Multiplier % of Plan Obtained >109% 4.00 0.00 105% - 109% (+50%) 3.00 0.00 100 - 104% (+25%) 2.50 0.00 95% - 99% (None) 0.00 0.00 85% - 94% (-25%) (1.00) 0.00 <85% (-50%) (1.50) 0.00 Percentage or Earning Payout 0.00 Gross Prior Monthly Pay TOTAL COMMISSION $0.00

The Company shall have the ability to change, alter or adjust this program as it deems appropriate. Either party shall have the ability to discontinue this LOU agreement providing that ninety (90) days notice is given.

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Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

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BETWEEN: RYDER TRUCK RENTAL CANADA LTD. AND: CAW LOCAL 114 RE: Local Union Health and Safety Fund

The Employer agrees to pay into a special fund one cent (1¢) per hour per employee for all hours worked. This fund is for Local Union health and safety training and leave. Remittances shall be paid each month no later than the tenth of the following month and sent to the Local Union’s address in New Westminster.



Robert L. Lindsey

Gary Jones

Art Groves

Mario Svorinic

Norm Simard

Deborah Faucher

Linda D. Jensen

Kevin Hancock

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JOB DESCRIPTION

RENTAL SALES REPRESENTATIVE

Reporting Relationship This entry level sales, marketing and customer service position reports to the Branch Rental Manager, in the absence of a Branch Rental Manager this position will report to the District Rental Manager. Personal and Educational Requirements Employees in this position must possess above average oral and written communication skills, demonstrate ability to deal effectively with the public and work under some periodic stress. Good grooming, professional work habits and a valid driver’s license are requisites for this position. High school graduation followed by some college or university courses in business or marketing and/or suitable combination of education and position-related work experience. Performance Standards and Assessment Employees in this position are required to maintain a standard level of conduct and performance as communicated orally and in writing by management. Generally, Rental Representatives will be evaluated on work performance in the following areas:

• Sales and marketing performance • Customer relations • Interpersonal skills • Clerical skills • Adherence to Company policy and procedures • Attendance and punctuality • Problem solving ability • Time management • On the job training of others • Personal initiative

Specific Responsibilities: I Actively participates in the weekly sales/marketing and business development

programs that would include new customer prospecting, telemarketing, mailers and personal contact. Achieves call and contact activity levels as per Marketing Plan objectives. Submit all logs weekly to Branch Rental Manager.

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II Performs daily lot check, listing all One Way and Rental vehicles, checks mileage

readings, cleanliness, maintenance requirements and physical damage, if any. Review with appropriate management or customer. Reconcile FIS system to ensure vehicle and inventory accuracy.

III Answers incoming inquiries, either over the phone or in person, quotes rates, and

secures rentals of Commercial, Consumer and One Way vehicles as well as sells rental accessories, insurance, fuel, etc.

IV Makes reservations and takes appropriate deposits, ensures vehicles and

necessary accessory equipment is available per the customer's reservation. Prior to dispatching units, check maintenance records, physical damage and cleanliness, records on appropriate documents and follow up with appropriate people.

V Completes rental contracts, total sending charges, and collects monies, assists

and aids customers on any questions they may have. VI Checks incoming vehicles for fuel, physical damage, accessory equipment, totals

receiving and fuel charges, collects or refunds money as required. Secures vehicle Condition Reports from customers and initiates any necessary activity with appropriate service personnel.

VII As per Company policy prepares daily cash fund report, balancing cash and

logging all transactions. In some branch locations, responsible for petty cash disbursements as per Company policy. Responsible for daily bank deposits. Follows all Company policies as they pertain to the securing and handling of monies.

VIII Issues trip records and explains reporting requirements to drivers at time of

rental, collects trip records at end of rental, ensuring all supporting documents are attached. Forwards completed trip records to appropriate personnel. Follows up with delinquent trip records for lease and rental customers in a timely manner. Performs other clerical and sales tasks as required by Branch or District Rental Manager. Duties include but are not limited to the following; follow up on delinquent agreements, mileage and contract continuity, mileage updates, insurance and customer updates. Maintain accurate and orderly files, and storage of contracts and other necessary documents.

IX Maintain daily log of all Commercial inbound inquiries. X Follow Company guidelines or credit extension and collection. XI Print all necessary operational reports for end of day.

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XII Prepare overnight shop book for service department, include; all completed rental contract with damage checks for after hours pick up, blank contracts, availability list, wash lists, etc.

XIII Maintain co-operative working relationship with customers, co-workers and other

Company employees. XIV Ensure all Commercial Rental Guarantee objectives are met: clean trucks, 20-

minute check in/out, availability, and maintenance. Where necessary cleans, sweeps and fuels vehicles to ensure Company standards and customer satisfaction.

XV Maintain customer service: to provide 100% customer satisfaction, avoid all

confrontations, pass on to Branch or District Rental Manager.

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RYDER PERFORMANCE CHALLENGE UNION WAIVER

Attention: Director of Operations Re: Ryder Performance Challenge Union Waiver

We, the undersigned duly elected and presently serving Union Representative respectively of Local No. 114 of the CAW-Canada Union, have thoroughly reviewed the attached material entitled Ryder Performance Challenge (RPC) and, being fully aware of all of the terms and conditions therein, are desirous of including our members in this program. We are aware and agree that any present or future benefits particular to this Ryder Performance Challenge Program and participation therein are and shall remain non-negotiable as a part of any collective bargaining negotiation/agreement and further agree that Ryder shall have sole and absolute discretion to either amend or terminate the RPC program, in whole or in part, in any area, at any time. As Union Representative and Negotiator, we further state that we are either empowered as a result of our elected positions or have taken the appropriate action according to our Constitution and By-Laws at a regular or specially convened meeting of our membership to authorize us to endorse this letter agreement on behalf of Local 114 and fully expect and intend that it be and remain binding unless and until revoked, in writing, by the Union Representative respectively of Local 114, and such revocation notice shall have been received by the Ryder Director of Operation at the same address to which this letter is directed. Very truly yours, Name of Union: CAW-Canada Local No: 114 By: Date: Kevin Hancock CAW National Representative

Documents

COLLECTIVE AGREEMENT Between RYDER TRUCK · PDF filecollective agreement between ryder truck rental canada ltd. and national, automobile, aerospace, transportation and general workers