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APR 2 1 2011

COLLECTIVE BARGAINING INFORMATION SERVICES

COLLECTIVE LABOUR AGREEMENT

BETWEEN:

FRANCHISE OWNERS TORONTO LIMITED

(hereinafter referred to as the "Company")

-and-

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

(hereinafter referred to as the "Union")

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INDEX

ARTICLE TITLE PAGE

Purpose 4 1 Scope and Recognition 4 2 Union Security 6 3 Management's Rights 8 4 Discipline of Regular Employees 9 5 No Discrimination 11 6 Engagement 12 7 Hours of Work 14 8 Overtime 17 9 Paid Holidays 18

10 Vacation 19 11 Leave of Absence 21 12 Union Stewards 22 13 Adjustment of Grievances 23 14 Arbitration 24 15 Earnings 26 16 Transmission of Information 26 17 No Strikes or Lockouts 26 18 Health and Welfare 27 19 Bereavement Leave 29 20 Jury and Witness Duty 30 21 Medical Examination 30 22 Gender 30 23 Software Security 30 24 Terms of Employment 31 25 Duration of Agre.ement 31

Schedule "A' 32 Schedule "B' 40 Schedule "C" 42 Letter of Understanding - # 1

New Products 44 Letter of Understanding - #2

Severance 45 Letter of Understanding - #3 47

Health and Dental Premium Exemption

2

Letter of Agreement # 1 Letter of Agreement #2 Letter of Agreement #3 Letter of Agreement #4-

Union Counsellor

49 50 51

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PURPOSE

The general purpose of this Agreement is to establish and maintain an orderly collective bargaining relationship between the Company and its employees, establish the conditions of that relationship subject to the provisions of this Agreement, and to provide machinery for the prompt and equitable disposition of grievances which may arise in the interpretation, application, administration or alleged violation of this Agreement.

ARTICLE 1- SCOPE AND RECOGNITION

1.01 The Con1pany recognizes the Union as the sole bargaining agent for all employees employed by the Company for the purpose of telephone order taking in Metropolitan Toronto, save and except supervisors, assistant supervisors, customer service representatives, technical services staff and persons above the rank of assistant supervisor, and independent and dependent contractors.

1.02 For the purposes of this Agreement, employee shall mean individuals engaged by the Company for the purpose of telephone order taking from the employee's home or any central telephone facility for order taking re-established by the Company in Metropolitan Toronto.

1.03 It is agreed that customer service representatives, technical services staff, and employees above the rank of assistant supervisor will not regularly perform work which is normally performed by members of the bargaining unit, except under the following conditions:

(a) in emergencies where employees who are familiar with the work are not available;

(b) in the performance of necessary work when production/ communication difficulties are encountered;

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(c) for the purpose of instructing, training or relieving err1ployees;

(d) for the purpose of investigation of operating problems, maintenance needs, or new changed methods;

(e) for other reasons beyond the control of the Company.

1.04 It is recognized and agreed that it is sometimes necessary for supervisory or technical personnel to perform operations for occasional short periods of time in order to get the "feel" of the operation, as well as during unforeseen peak business periods. This shall not be done for the purpose of displacing bargaining unit personnel or displacing of any or all of the regularly scheduled hours that bargaining unit personnel are available and willing to perform the work.

1.05 For the purpose of clarity, it is agreed and understood that the bargaining unit description hereinabove mentioned does not include employees working at the franchise operations of the Company, nqr does it include employees or dependent contractors or independent contractors of third parties who may be employed by such third parties to perform telephone order taking for the Company.

1.06 The Company agrees that during the life of this Agreement it will maintain a bargaining unit of fourteen ( 14) err1ployees subject to the ability of the Company to engage qualified employees at the appropriate pay rate.

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ARTICLE 2 - UNION SECURITY

2.01 The parties hereto agree to compulsory check-off for all employees who come within the bargaining unit. The amount to be deducted shall be the regular union dues and initiation fees as authorized by the Union in writing and as amended from time to time.

2.02 The Company agrees that each employee upon hire will sign an authorization form directing the Company to deduct the weekly Union dues from sums payable by the Company to the employees. The aforementioned authorization forms and the weekly Union dues shall be forwarded to the Union Office monthly by the 15th day of the following month.

2.03 (a) The Company will at the time of making each remittance hereunder to the Financial Secretary of the Union supply a statement showing the following information from whose pay deductions have been made:

The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel Quattro Pro, Lotus or other software program mutually acceptable and adaptable to the Union and the Company. The spreadsheet will be in a format provided by the Union and the Company will provide the following current information as known to the company.

1. Social Insurance Number 2. Employee number if applicable 3. Full name (Last/First/Initials) 4. Full address, including City and Postal Code 5. Telephone number (including area code)

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mailto:[email protected]

6. Date of hire 7. Rate of pay 8. Classification 9. Full-time or part-time designation 10. Union dues deducted 11. Initiation fees deducted

(b) Twelve (12) check-offs per year (calendar months)

2.04 The Union shall indemnify and save the Company, its agents, and/or employees acting on behalf of the Company, harmless from any claims, suits, judgements,. attachments and from any form of liability as the result of such deductions in accordance with the foregoing and the Union will refund direct to all employees from which wrongful deductions were made.

2.05 ·Any deductions, from pay due to employees now or hereafter required by law, shall be made prior to deductions of dues, and if the balance remaining payable for the first pay period of the month is insufficient to permit the deduction of the full amount of dues, no such deduction for dues shall be made in or in respect of that month. The following month double dues shall begin to be deducted until all arrears are satisfied.

The Union shall provide the Company with written confirmation explaining specific reasons when dues arrears are required and for the length of time the arrears are to be deducted and remitted to the Union.

2.06 The Union recognizes that any employee may as a result of his religious convictions take the benefit of s. 47 of the Labour Relations Act, R.S.O. 1980, c. 228, or its equivalent.

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ARTICLE 3 - MANAGEMENT'S RIGHTS

3.01 The Union acknowledges that it is the exclusive function and right of the Company to:

(a) operate and manage its business in all respects;

(b) maintain order, discipline and efficiency among its employees;

(c) hire, direct, promote, retire, demote, transfer, classify, lay-off, discharge, suspend, reprimand, and discipline for cause its employees;

(d) generally manage the enterprise in which the Company is engaged and, without restricting the generality of the foregoing, to plan, direct and control operations, schedules and procedures of work; to determine the size and composition of the work force; kinds and location of machines (and tools) to be used; or expand, reduce alter, combine work, introduce new or improved research, development, production, maintenance, services and distribution and communication methods; establish terms and conditions of employment; deterrrtine the requirements of the job, labour standards, the qualifications of an employee to perform the work required; to direct employees; determine, establish and control the hours of work, including the right to assign employees to shifts as required; determine the starting and quitting times;

(e) make and alter from time to time rules and regulations to be observed by its employees which shall not be discriminatory in nature.

The Company agrees to exercise the above rights in a manner not inconsistent with the terms and provisions of this Agreement.

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3.02 It is understood and agreed that the Company's nonexercise of any right or function shall not be deemed a waiver of its rights to exercise such rights or functions.

3.03 The Union acknowledges and agrees that the Company has the right to enter into agreements with unrelated third parties, which include those companies the Company is currently contracting with, to have such third parties perform the functions carried on by the bargaining unit and the performance of such work by such third party contractors shall not be a violation of this Agreement. Hours shall be allotted in accordance with Article 6.02, with the understanding that the minimum number of bargaining unit employees, as stated in the Collective Agreement, subject to the ability of the Company to engage qualified employees at the appropriate pay rate, shall be satisfied prior to the allotment of hours of work to third parties.

ARTICLE 4 - DISCIPLINE OF REGULAR EMPLOYEES

4.01 No employee shall be disciplined or discharged without just cause.

4.02 The Company agrees that when an employee is' interviewed and when the outcome of that interview may become part of the employee's disciplinary record regarding his/her work or his/her conduct, a Union Steward will be present for such interview. The interview may be conducted in person or via three-way conference call including the employee, the Union Steward and Management. The Steward shall make himself/herself available for meeting within seven (7) days. The Union Steward will be paid for the actual time spent in such meetings based on his/her average hourly earnings in the four week period prior to such meeting.

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In the event the interview is held via three-way conference call, the Steward and the employee shall each be provided with copies of all documentation the employer intends to rely on prior to the interview taking place. Upon completion of the interview the call shall be terminated and the employee and the Steward shall have the opportunity to consult privately prior to responding to the Company. The consultation shall not exceed one half hour in time.

4.03 In the event that disciplinary action results in a grievance and is processed to Step One of the grievance procedure, the Company agrees that the Business Agent and/or the Steward of the Union, upon advance written request, may view the documents relating to verbal and written notices pertaining to the employee in question.

4.04 (i) Except where an employee is scheduled to start work at 10:00 a.m., in which case one (1) hour notice is required, the employee must phone in four ( 4) hours prior to shift cancellation. All subsequent shift cancellations relating to the same absence shall require four (4) hours notice except where the employee is scheduled to start work at 10:00 a.m., in which case one (1) hour notice is required. If proper notice is not given, the supervisor may elect to suspend the employee, except where the reasons for failure to give notice were beyond the control of the employee. If the employee is aware ahead of time of an event which will require them to request time off, that request will be made in the form of a written request, via electronic mail services, to the Manager before 11:00 a.m. on the Friday prior to the event. The Company shall have the right to request a doctorls note when the employee is reporting absence due to their illness. Where costs are involved to obtain the doctor's note, the Company shall pay the cost of said note provided a receipt from the doctor is supplied.

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(ii) If any employee cannot complete their scheduled shift once it has commenced, they must contact the manager/supervisor on duty to advise they are logging off and provide reason for such.

(iii) In all instances employees who are contacting management to cancel whole or partial shifts must do so by calling (416) 927-1111.

4.05 l\lotwithstanding the foregoing, the parties agree that the following proven conduct shall be deemed to be just cause for termination of the employment of an employee.

(i) "tampering or attempting to tamper with the Company's equipment or computer system, including but not lirnited to downloading, saving or installing of any unauthorized software or pornography".

This article shall be deemed to be notice to and acceptance by the employees of the principle that such proven conduct shall be just cause for termination of their employment.

This article shall not be interpreted so as to limit the right of the Company to terminate the employment of an employee for just cause in accordance with the provisions of this Agreement for reasons other than those listed above.

ARTICLE 5 - NO DISCRIMINATION

5.01 The Company and the Union agree that there will be no discrimination against an employee because of race, creed, colour, sex, sexual orientation, marital status, nationality, ancestry or place of origin, or membership in the Union. The Cornpany agrees to abide by the Human Rights Code.

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ARTICLE 6 - ENGAGEMENT

6.01 The Company agrees that the employees engaged under this Agreement performing the order taking function shall be classified as operator.

6.02 The Company agrees that during the life of this Agreement it will, from the total number of hours of work required for order taking, make available to the bargaining unit employees the lesser of:

(a) twenty-five percent of the total hours, or;

(b) the number of hours necessary to employ the number of employees in the bargaining unit.

The Company will make its best efforts to ensure that the time of day during which bargaining unit members are scheduled to work represents a fair distribution of the hours available at particular times during a day.

6.03 Notwithstanding ·any provisions contained in this Agreement, the Company shall have the right to lay-off employees because of a lack of business. The Company will advise the Union in advance of such reduction. Layoffs will be done in such a way as to equitably divide the impact of the lay-offs between all suppliers of the order taking service proportionately to the number of hours of service they provide.

6.04 The selection of employees to be laid off because of reductions referred to in Article 6.03 will be made by the Company having r~gard to:

(a) seniority of the employee; (b) productivity of the employee; and (c) performance of the employee in accordance with

criteria in Schedule "B".

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The same factors will be considered in the selection of employees to be recalled when business permits.

6.05 An employee's continuous service shall be considered broken and he shall lose his seniority status and his employment rights shall be terminated for any of the following:

(a) if he/she is discharged for cause; or

(b) if he/she quits or resigns from the Company for any reason; or

(c) if he/she is absent from work for a period of two (2) consecutive working days without notifying the Company except where unusual circumstances arise. The employee will furnish proof satisfactory to the Company to this effect, if so requested (the Company will accept reasonable reasons); or

(d) if he/she has been laid off for a continuous period in excess of six (6) months; or

(e) if he/she fails to notify the Company of his/her intention to return to work within three (3) days of being given notice of recall or fails to return to work within five (5) days after being given notice of recall; or

(f) if he/she works for another employer while absent from his/her employment with the Company except while on layoff, unless the Company' grants the leave of absence to perform such other work in writing; or

(g) if he/she fails to return to work upon the expiration of an authorized leave of absence unless a reason satisfactory to the Company is given.

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6.06 The Company will mail to employees in the bargaining unit an updated seniority list every six (6) months and send a copy to the Union. The Union shall be provided with a seniority list semi-annually, January and June of each year.

6.07 Where new employees are employed their employment shall be probationary until they have performed sixty (60) days of work for the Company. During this probationary period, the Company shall have the right to terminate the employment of the employee in its sole discretion (which shall be the lesser standard for purposes of the Ontario Labour Relations Act), and such termination shall be deemed to be for just cause. Such probationary employees shall not be entitled to file a grievance under this Agreement until they have completed their probationary period.

ARTICLE 7 - HOURS OF WORK

7.01 It is understood and agreed that this Article is intended only to provide the basis of a work week and shall not be construed as a guarantee of hours of work per day or per week, nor as a guarantee of schedules of work ..

7.02 The work week for all full time employees will be up to forty (40) hours per week and no less than thirty (30) hours per week unless otherwise agreed upon. The hours shall be worked in not less than three (3) days and no more than five (5) days unless otherwise agreed upon.

7.03 (a) The work week for all part time employees will be no less than fifteen (15) hours per week and less than thirty (30) hours per week.

(b) Full time employees whose hours total less than the minimum required hours to qualify for full time status, for a period of six (6) consecutive weeks or more, will

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be changed to part time employees. Illness, injury, excused absences, modified duties, and vacations shall not be considered in the calculation.

7.04 (a) Hours of work will be scheduled, by management, according to the requirements of the operation. Schedules will provide that employees are scheduled for a minimum of two (2) hours and a maximum of ten (10) hours for shifts commencing before 4:30 p.m.; and a minimum of three (3) hours and a maximum of ten (10) hours for shifts corr1mencing after 4:30 p.m. and before 10:00 p.m. Where split shifts are scheduled, they will be limited to two (2) work intervals with one (1) non-working period between. No more than one (1) split shift per employee will be scheduled per day except with mutual consent.

(b) In the event that the employee is unable to "log on" or experiences "down time" as a result of a computer malfunction or technical difficulty which was not a result of the .employee's failure to observe proper operating procedures, the Company shall pay, as per Schedule "C", said employee for scheduled ho_urs or the appropriate percentage entitlement for all time spent by the employee attempting to work their scheduled hours provided the employee contacts the manager/supervisor on duty immediately upon discovery of the difficulty. In the event that the Technical Supervisor is notified after 11:00 p.m. in accordance with the procedures as outlined in Schedule "A" 5.01(b) and the problem cannot immediately be resolved, the employee will not be compensated for scheduled hours for the balance of that shift. The malfunction will be verified by the Company as being the result of a server or equipment malfunction that was not a result of the employee's failure to observe proper operating procedures.

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The employee must follow the procedure as indicated in Schedule "A" 5.01 (b) regarding equipment malfunctions. The Company will not be required to pay for said "down time" should the steps in Schedule "A" 5.01 (b) not be followed by the employee.

(c) The Company shall not pay for "dead time" resulting from power failures. When feasible and mutually agreed to by both parties, individuals may require alternative/additional hours in order to complete any missed scheduled hours resulting form such interruption of service.

"Dead time" due to interruptions to the internet service, the Company shall pay, as per Schedule "C", said employee for scheduled hours and the appropriate · percentage entitlement for all time spent by the employee attempting to work their scheduled hours provided the employee contacts the manager/supervisor on duty immediately upon discovery of the difficulty. The Company may request documentation or ticket numbers to confirm and support the "dead time". Employees are to follow Schedule "A" 5.01(b) for technical issue handling.

7.05 Employees must provide two weeks notice when indicating their preference for the number of hours and days off for upcoming schedules, except in special circumstances where prior notice has been given to the err1ployee by way of posting that the schedule must be completed in advance. The scheduling requests on these special occasions will be in accordance with the procedures outlined in the advance notice. The Company will allocate assignments for upcoming schedules.

7.06 The working hours of employees will be assigned to conform with the needs of the business. The Company will endeavour to comply with the requests of

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employees for particular working hours. Where the requests for working hours between employees conflict, preference will be given based upon:

(a) seniority; (b) overall performance; and (c) availability.

Employees will not be scheduled to work more than five (5) consecutive days in each work week unless otherwise agreed upon.

7.07 A work schedule will be transmitted to each employee on each Friday by 11:00 a.m. showing the scheduled hours of work for each employee covered by this Agreement for the succeeding week.

7.08 Employees will be allowed 3.75 minutes per hour worked as non-active time (phone set to position not ready), accumulated to a maximum of fifteen (15) minutes for a four ( 4) hour period.

7.09 Employees are required, in a prompt and efficient manner, to read all new information provided for the purpose of performing their job. Employees who fulfill this requirement to the satisfaction of the company and work no less than 15 hours per week, will be paid the equivalent of ten (10) minutes per week at their appropriate hourly rate.

ARTICLE 8 - OVERTIME

8.01 One and one half (1.5) times the employee's average rate of pay for an hour shall be paid for all hours of work in excess of forty ( 40) hours in a week. The average rate of pay for an hour will be calculated at earnings for the previou~ pay period divided by the number of hours worked.

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8.02 There shall be no duplication or pyramiding of premiums.

8.03 Insofar as practicable, overtime will be assigned equally over a two (2) month period.

ARTICLE 9 - PAID HOLIDAYS

9.01 Each employee who has completed the probationary period shall receive his average daily earnings for each of the following holidays:

New Years Day Family Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgiving Day Christmas Day Boxing Day

The average daily earnings will be calculated at earnings for the previous pay period divided by the number of days worked.

9.02 An employee scheduled to work on any of the above mentioned holidays shall be compensated at the rate of one and one half (1.5) times his earnings for that day in addition to the pay for the holiday.

9.03 In order for an employee to receive pay for the holiday, as provided in this Article, the employee must have:

(a) successfully completed his probationary period; and

(b) earned pay on at least ten (10) days during the four ( 4) week period immediately preceding the holiday unless a suitable reason is given;

(c) worked his full regularly scheduled work on the day immediately following the holiday unless a suitable reason is given; and

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(d) worked on the holiday, if the employee has been so requested, or unless a suitable reason is given.

9.04 In the event that one or more of the above paid holidays occurs during the employee's vacation, such err1ployee shall be entitled to receive either one (1) days pay based on his regular average daily rate of compensation or one (1) day extra paid lieu day when the statutory holiday is during vacation week, consecutive with his vacation (to be agreed to between the Corr1pany and the employee, prior to vacation being taken).

9.05 If the holiday falls on a regularly scheduled workday, the employee shall work on the holiday. If the employee requests the holiday as a day off the request shall be submitted to the manager, via transmission by the Tuesday on the week preceding the holiday, for approval. Such approval shall not be unreasonably withheld. If more than one employee requests the day off and there are sufficient operators to allow for such, the Company shall accommodate the requests in order of seniority.

ARTICLE 10- VACATION

10.01

10.02

10.03

The "Vacation Year" shall run from June 1st of each year to May 31st of the following year. Where an employee's employment ceases prior to the completion of a twelve ( 12) month period of employment, he shall receive vacation pay in accordance with the provisions of the applicable legislation.

All regular employees who are on the payroll of the Company as of May 31st of any calendar year shall receive vacation, pay as follows:

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(a) Regular employees with less than one (1) year's continuous service shall receive four percent ( 4°/o) of their total earnings for the year in which entitlement was earned in accordance with· the applicable legislation.

(b) Regular full-time employees with one (1) · year's continuous service but less than five (5) year's continuous service shall receive two (2) weeks vacation with four percent (4°/o) of their total earnings for the year in which the entitlement was earned in accordance with the applicable legislation.

(c) Regular full-time employees with five (5) years continuous service or more shall receive three (3) weeks vacation with six percent (6°/o) of their total earnings for the year in which the entitlement was earned in accordance with the applicable legislation.

10.04 Pay for vacation earned shall be paid at the commencement of the employee's vacation ·in each year out of money, calculated on entitlement earned up to the commencement of his vacation if prior to August 31st in any year or to August 31st if taken after that date. If an employee has not taken his vacation or if there is an outstanding balance for the period ending August 31st, it shall be paid on December 1st of each year.

The Company will transfer into the employee's account their regular pay and when requested, vacation pay in accordance with the above. All deductions will be based on the individual gross amounts with said net payable amounts to be combined and deposited in the employee's account.

An employee may forfeit any or all vacation time and the outstanding balance of any or all vacation money owing shall be paid on December 1st of each year. An

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10.05

10.06

employee may request individual days of vacation and vacation pay upon reasonable notice to the Employer.

Vacations shall be scheduled to conform the requirements of the business and shall normally be taken between the third week in January and August 31st in any year. The Company agrees to mail to employees a vacation schedule form by January 1st of the year. An employee will submit his/her request for preference of vacation dates by January 15th for vacation up to the end of March and by April 1st for the duration of the vacation period.

In the event of a conflict between the requirements of the employees, the Company agrees to take the seniority of the employee into consideration providing that their qualifications, skill, ability, knowledge, and availability are at least equal to those of less senior employees to perform the work required.

The Company agrees that where practicable, an employee will be scheduled off on Sunday prior to starting his vacation period, provided that where scheduling requirements and manpower availability allows, the Company will attempt to schedule employees off on Saturday prior to starting his/her vacation period if so requested by the employee.

ARTICLE 11- LEAVE OF ABSENCE

11.01 Where practicable, the Company may grant leaves of absence without pay for reasons at its discretion which will not be unreasonably withheld. Such leaves shall be for stated periods and shall not exceed three (3) months except by agreement with the Union. Except in the case of an emergency, all requests for leave,s of absence shall be made in writing, not less than two (2) weeks in advance, stating the departure and return dates. The Company will reply to the request in

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11.02

writing. It is understood that the Company shall have no responsibility for the costs of the Internet connection or alternate communication system during a leave of absence. Where requested by the Company, an employee granted a leave of absence shall return to the Company computer equipment for the duration of the leave of absence.

The Company agrees to comply with the requirements of the Employment Standards Act with regard to granting Maternity Leave and Parental Leave.

It is understood that the Corr1pany shall have no responsibility for the costs of the Internet connection, and that all computer equipment will be returned to the Company for the duration of such leave. Upon returning from such leave the employee shall be reimbursed for the appropriate cost of reconnecting to the internet should the Company discontinue the internet service during this leave.

ARTICLE 12 - UNION STEWARDS

12.01

12.02

The Company acknowledges the right of the Union to appoint or otherwise elect three (3) Union Stewards for the life of this Agreement from amongst employees covered by this Agreement. The names of the Stewards shall be given to the Company in writing and the Company shall not be required to recognize any such Stewards until it has been so advised.

As the parties are in agreement with the establishment and the maintaining of good labour relations services as a mutual benefit, joint labour-management meetings may be held at the Company's request at a location in Metro Toronto designated by the Company. Where such meetings are held in accordance with the provisions. of this Article 12.02 the Company agrees that employees will be compensated at their normal average rate of

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12.03

12.04

pay per hour for time spent in such meetings.

The Company and the Union agree that when an employee goes without disciplinary action for a period of nine (9) months, the Company agrees it will not use discipline imposed prior to such nine (9) month period against the employee excluding time on strike.

The Company agrees to pay the average daily earnings to two (2) members of the negotiating committee for each day of collective agreement negotiations with the Company. The Union agrees to promptly reimburse the Company for 50°/o of this cost upon receipt of a bill from the Company.

ARTICLE 13 -ADJUSTMENT OF GRIEVANCES

13.01

13.02

The Company and the Union agree that it is the purpose of the grievance procedure to amicably and fairly settle any complaints and disagreements arising under the Agreement· concerning the employees, the Union and the Company. The parties further agree that the settlement of any grievance shall be deemed not to conflict with the provisions of this Agreement. In addition, it is agreed that an employee has no grievance until he or his Steward has first given his immediate supervisor the opportunity to adjust his complaint.

Should differences arise between the Cornpany and an employee as to the interpretation or application or alleged violation of the provisions of this Agreement, work shall continue as directed by Management and an effort shall be made to s~ttle such difference in the following manner, provided the grievance is provided to the Company in writing within fourteen (14) days from the date the grievance arose:

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13.03

13.04

13.05

13.06

Step One The Business Representative of the Union and the Vice President of the Company or his designate representative, shall meet within twenty-one (21) days after receipt of the grievance. The dispute, if unresolved, shall be referred to arbitration within onehundred and twenty (120) days after the Company's Step One answer.

In the case of the termination of an employee, the employee if he wishes to fil~ a grievance, must do so within fourteen ( 14) days from the date of the termination.

In the case of a grievance concerning rates of payment, the employee, if he wishes to file a grievance, must do so within thirty (30) days from the date from whic~ the events giving rise to the grievance occurred or could reasonably have been known to have occurred.

Where a grievance is not put in writing and presented to the Company within this time limit provided for in this Article, the grievance shall be deemed to be abandoned.

The time limits as prescribed above may be modified by mutual agreement of the parties in writing.

ARTICLE 14 - ARBITRATION

14.01 In the event that any grievance concerning the interpretation, application, administration, or alleged violation of this Agreement shall not have been satisfactorily settled under the previous Article 13, the notice of arbitration shall be given in writing by one party to the other within one-hundred and twenty (120) days from the decision of the Company or the Union. The notice shall contain a copy of the grievance, the settlement requested and the name and

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14.02

14.03

14.04

14.05

·address of that party's nominee to the proposed Board of Arbitration.

The recipient of the written notice, referred to in 14.01 shall notify in writing' the other party, within ten (10) days after notice has been given, as to the name and address of its nominee to the proposed Board of Arbitration. The nominees, within ten (10) days of the appointment of the second of them, shall endeavour to agree upon a Chairman within the specified period. In the event that the nominees cannot agree on a Chairman, then either nominee may request that the Minister of Labour make such appointment.

Each grievance submitted to arbitration shall be heard separately.

The issue(s) raised in the written grievance shall be presented to the Board of Arbitration and its award shall be confined to such issue(s). The finding of the Board of Arbitration as to the facts and as to the interpretation, application, administration or alleged violation of the provisions of the Agreement, shall be conclusive and binding on all parties concerned, but in no case shall the· Board of Arbitration be authorized to alter, modify or amend any part of the Agreement.

If it is decided by the Board of Arbitration that an employee has been discharged or suspended without cause, the Company will reemploy the employee without loss of seniority and compensation, limited to the regular scheduled hours the employee would have worked less any amounts received or earned by the employee during that period, or will put into effect any lesser settlement agreed to by the parties or determined by the Board of Arbitration.

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14.06 The Company and the Union shall bear the expense of their respective nominee and shall share equally the expenses of the Chairman. The costs and allowances to be paid to witnesses shall be paid by the party calling such witnesses.

ARTICLE 15 - EARNINGS

15.01

15.02

The employees shall be compensated in accordance to Schedule "C".

Providing the government is offering a Canada Savings Bond plan, the Company will provide for a deduction from pay for those employees who request that they wish to purchase Canada Savings Bonds on the Company's deduction form. All releases, authorizations, etc., will be executed by ·the employee prior to this policy being implemented for the employee.

ARTICLE 16 - TRANSMISSION OF INFORMATION

16.01

16.02

The Company agrees to allow the Union the opportunity to have transmitted to employees over the computer network notices concerning Union activities, provided that such notices shall first receive the approval of the Company which will not be unreasonably withheld. The Company will transmit the notices to the employees.

The Company shall loan to the Union an order processing terminal and provide any required training at the Company's expense.

ARTICLE 17- NO STRIKES OR LOCKOUTS

17.01 In view of the orderly procedure established herein for the disposition of employees' grievances, the Company and the Union agree that there shall be no strikes, walkouts, pickets, boycotts, slowdowns, stoppage of work or lockouts during the life of this Agreement.

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ARTICLE 18- HEALTH AND WELFARE

18.01 At the completion of six (6) months service with the Company, the Company agrees to provide the full-time employees with the Company's standard health care package and the part time employees with the Company's standard part time employee health care package.

18.02 Effective the date of ratification of this agreement, all full-time employees with six (6) months seniority shall be covered by the Company's standard dental plan and the part time employees with the Company's standard part time employee health care package.

18.03 The Company shall provide a vision care benefit, as part of its standard health care package, of a maximum of two hundred dollars ($200.00) every two (2) consecutive years for full-time employees and their dependants after six (6) months seniority. The Company shall provide a vision care package for part time employees in accordance with the Company's standard part time employee health care package. Effective August 20, 2005, the Standard Vision Care provision of the Health Care Benefit package for all eligible full time employees will provide for a benefit

. payment of up to $75 every two years towards the cost associated directly with a standard eye examination, for the eligible employee and their eligible dependents. Standard claims management and approval procedures will apply and based on reasonable and customary charges.

18.04 It is clearly understood and agreed that the Company's sole obligation with respect to the benefits mentioned above is to pay its portion of the premiums as provided. The plans mentioned are governed by the policies issued by the insurance company selected by the Company. The parties agree that the Company may

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18.05

18.06

change its carrier or insurance company, providing the ben'efits are as set out in Article 18. The Company's standard health care package and standard dental plan are 80/20 coinsurance plans with the employee paying the 20°/o and the Company (insurance plan) covering the other 80°/o. The standard health care package and standard dental plan each carry a once a year deductible of $25.00 for single and $50.00 for family coverage. ·

The maximum benefit to be received by an individual covered under the standard dental plan in a calendar year shall be $1000.00.

All claim forms are to be submitted to the practitioner and then forwarded to the insurance carrier unless the ernployee chooses to have the Company submit the claim on their behalf. If the employee chooses to have the Company submit the claim on their behalf, it is understood that three (3) full weeks should be allowed before commencing the follow-up on unpaid claims. If the employee chooses to follow-up on a claim they should do so by contacting the Client Services Division of the insurance carrier company. At the time of signing this Agreement the carrier is Manulife Insurance Company (1-800-265-2260). The employee should give the contract number (99066) and their certificate number. If the claim still remains unpaid after two (2) months, the Plan Administrator will advise the employee of the reason for the delay within one (1) week of being contacted. The Plan Administrator can be contacted directly by the employee on any Thursday between 10:00 a.m. and 5:00 p.m., either directly or by phone.

Any full time or part time employee who is pregnant and is regularly scheduled to work at a visual display terminal (V.D.T.) and who, for health reasons, does not wish to work during the remainder of her pregnancy,

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may receive a leave of absence without pay to cover the period to which she is or would be entitled to a pregnancy leave of absence.

In order to receive the leave of absence referred to in the aforementioned paragraph, the employee must submit a written request including a doctor's note certifying the pregnancy and specifying the estimated date of delivery.

The Company agrees that every effort will be made to expedite the granting of the leave of absence, including the issuing of the employee's Record of Employment (R.O.E.). In any case the implementation of such leave of absence will not be delayed for more than five ( 5) days from receipt of written request and associated documentation.

In accordance with the Employment Standards Act, seniority will continue to accrue during pregnancy leave, the employee will be reinstated to her position held previous to her pregnancy leave when the leave ends, and her health and welfare benefits as outlined in Article 18 will continue.

ARTICLE 19 - BEREAVEMENT LEAVE

19.01 The Company agrees to pay three (3) days pay for lost time for the purpose of attending the funeral for Immediate Family (spouse, mother, father, son, daughter, brother, sister, grandparents and commonlaw spouse - provided it is a stable and established relationship of two years) as listed in this Article 19; and one (1) day pay for Extended Farnily (son-in-law, daughter-in-law, mother-in-law, father-in-law) as listed in this Article 19 provided that a copy of a proof of death certificate from the funeral home, if requested, is supplied to the Company. The Company will review requests for bereavement leave for step family under

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the broad interpretation of the terminology. Each request will be examined individually.

ARTICLE 20 - JURY AND WITNESS DUTY

20.01 An employee selected for service, subpoenaed or called · as a witness must notify his supervisor as soon as he receives such notice. The Company will accommodate rescheduling of all hours missed from work to · employees who wish to make up the hours lost as a result of being subpoenaed or called as a witness.

ARTICLE 21 - MEDICAL EXAMINATION

21.01 If an employee is required by the Company to take a medical examination and/or x-rays during his probation period, the medical and/or x-rays shall be taken· at the expense of the Employer.

ARTICLE 22 - GENDER

22.01 For the purpose of interpreting this Agreement, the masculine gender, wherever used herein, shall mean and include the feminine gender.

ARTICLE 23 - SOFTWARE SECURITY

23.01 It is acknowledged by the Union and the Company employees that Order Processing Department Programs are the licensed property of the Company. Employees are only authorized to use the program mode designated for order taking unless they are specifically instructed otherwise in writing by a member of Management. The Company regards any proven unauthorized use of these programs to be a serious breach of software security and shall be just cause for termination of employment in accordance with Article 4.05.

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ARTICLE 24 - TERMS OF EMPLOYMENT

24.01 Employees are employed to provide services to the Company subject to the provisions of Schedule "A" and Schedule "B" attached hereto and forming part of this Agreement.

ARTICLE25- DURATION OF THE AGREEMENT

25.01 This Agreement shall come into effect as of the date of ratification and shall remain in effect up to and including August 19, 2013 and shall remain in effect year to year thereafter unless notice in writing of desire to amend or terminate is given by either party any time within the period of ninety (90) days prior to the expiration date of this agreement.

DATED THIS ~~11- DAY OF A,:\ , 20Jl_ IN THE CITY OF Toronto.

Signed on behalf of the Company

Signed on behalf of the Union

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...

SCHEDULE "A"

1.'01 PAYMENT TO THE EMPLOYEES The employee will be paid biweekly. The payment shall be made by electronic deposit to the employee's bank account.

2.01 STATUS OF EMPLOYEE An employee is not and shall not hold himself out to be the agent of the Company. The err1ployee shall not claim any loss, costs, or expenses from the Company except the payment required to be paid to the employee pursuant to the provisions of this Agreement.

3.01 TRAINING PROGRAMS FOR THE EMPLOYEE · The Company will provide initial training to the employee in the sale of products and the provision of services. The Company will also provide ongoing access to Company supervisors and training personnel.

The Company may provide seminars/meetings and ongoing training programs from time to time which the employee shall attend. When the Company requires employees to attend such seminars/meetings/training programs, the Corr1pany shall pay employees for the time spent in attendance at such programs (as per Article 7.04 ), plus one additional hour travelling time at their average earnings rate to be calculated at earnings for previous pay period divided by the number of hours worked multiplied by number of hours spent at training.

The Company will either supply parking vouchers when available, or as an alternative, reimburse the employee for parking expenses at the seminar/meeting/training program upon presentation of the parking receipt.

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Absence from any of the seminars/meeting.s/training programs shall be considered a shift cancellation and the same provisions as outlined in Article 4.04, shall apply.

4.01 PROMOTIONAL MATERIAL

5.01 (a)

(b)

The Company will provide the employee with sales and promotional material as it may exist from time to time at the earliest time possible where material is available.

EQUIPMENT FOR THE EMPLOYEE The employee shall enter into an equipment loan agreement and at all times assure that the equipment is fully operational. Title to the equipment shall at all times remain with the Company. The employee shall have no right to pledge the equipment as security or collateral for a loan.

Technical issues are escalated through 3 levels of increasing support until the problem is resolved. The first level involves phone support by the OPD Technical staff. The second level involves phone and/or a site visit by an authorized service person. If the problem is still not resolved, it is forwarded to an outside technical support group for further phone and/or on-site troubleshooting by higher level authorized service people. Depending on the problem, the troubleshooting cycle can take up to 5 business days. Level 2 and 3 support are generally available only during the hours of 10:00 a.m. to 10:00 p.m. Monday to Friday. In the event that the problem is determined to be the result of the Internet provider, or other such issue outside the control of the Company, the employee should take whatever steps necessary to attempt to become operational again within 5 business days.

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The following steps outline the procedures regarding equipment malfunctions:

(i) The employee must not attempt to fix the problem on their own. (More damage may be done to the equipment).

(ii) The employee must call 416-927-1111 and ask to speak to a Technical Supervisor. This is a Level 1 support.

(iii) The employee must be as detailed as possible when describing the problem and be ready to give information as to when the equipment was last working properly, etc.

(iv) The Technical Supervisor will attempt to talk the employee through the problem and get the equipment operational.

(v) The employee must not touch anything unless instructed by the Technical Supervisor.

(vi) If the problem · cannot be corrected by the Technical Supervisor, they will make the call to Initiate Level 2 and/or 3 Support, as appropriate.

(vii) The employee must be available by phone and at the location of the equipment during the balance of the scheduled hours to receive calls from the Supervisor or authorized service person to conduct further troubleshooting.

(viii) In the event that the equipment issue cannot be resolved over the phone, an authorized service person will be dispatched to the employee's home at a time mutually convenient between the parties. The employee will make every effort to be available for the service person to attend their

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premises prior to the start of the next scheduled shift, and if this cannot be arranged, then on the day of the next scheduled shift.

(ix) Upon a home visit, the authorized service person will also check that all of the employee's equipment is in good working order.

(x) Where the authorized service person is unable to find any fault with the equipment or software and the reported problems are repetitive in nature, any payments to the employee for lost time will be at the discretion of the Cornpany and the employee may be subject to disciplinary action.

(c) Maintenance, service and repair or replacement required due to proven negligence on the part of the employee or unauthorized service personnel or by moving, repair, relocation or alternation of equipment by the employee or unauthorized service personnel will be the responsibility of the employee. In such a case, the Company will service, repair or replace the damaged equipment and invoice the employee. The employee may pay this amount in one lump sum or arrange with the Company for a payment program whereby the costs will be deducted from the employee's pay each period.

(d) If repairs are required to the equipment, the employee and the Con1pany will arrange for service· personnel to attend at the employee's premises to perform the repairs.

(e) Prior to installation of equipment in the employee's home, the Company. must inspect the location to ensure that the selected work area does not pose a hazard to the equipment (ie. excessive sunlight on the monitor).

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(f)

(g)

6.01 (i)

The Company agrees to cover the costs of relocating the phone jack provided the Company has initiated the move of the phone jack. The Company agrees to compensate employees for any scheduled hours which are lost as a result of time spent while Company initiated physical relocation is taking place (specifically time spent while work is being done by approved contractor /technician).

The employee is not permitted to load, download or save any software on the Company issued computer. The employee is not permitted to change any configurations, network the computer within the home, and take any other actions that may potentially hamper the performance of the equipment.

EMPLOYEES TO PROVIDE TELEPHONE LINES The employee will be responsible for the installation of the internet service as required on a continuous basis throughout the term of this agreement, which shall be located in sufficiently close proximity to the location at which the employee intends to have the equipment in operation and an electrical outlet, so as to adequately protect the safe operation of the equipment. The employee will be reimbursed for 100°/o of the installation cost of the internet service after six (6) months of continuous employment.

The Company agrees to reimburse the employee for 100°/o of the monthly cost of maintaining the internet connection required. In the event that the Company is able to establish favourable rates through a group plan, the employee is encouraged to join this plan. In the event that more than one appropriate communications option is available to be used, the Company agrees to reimburse, under the terms outlined above, for the lowest cost option available.

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In the event that the Company utilizes new technology which affects the internet connection configuration necessary to process orders, the Company agrees. at the time the change is implemented, to immediately reimburse the employee for any initial set-up fees provided the employee has 6 months of continuous service, or after the employee has reached 6 months of continuous service.

(ii) The employee must submit their invoice indicating the installation cost before the 100°/o as outlined in 6.01(i), can be reimbursed.

7.01 MOVING EXPENSES All expenses related to any future moving of the employee's equipment will be the sole responsibility of the employee if the move is initiated by the employee. All expenses related to any future moving of the employee's equipment will be the sole responsibility of the Company is the move is initiated by the Company.

The employee expressly agrees that it is a condition of continued employment that the employee remain in the local calling area for the Company's central computer system.

8.01 COMPANY MAY MONITOR EMPLOYEE The employee agrees that the Company shall have the right to regularly record the employee's telephone conversations· while performing the services, so as to assist the Company in resolving customer complaints and ensure expected standards of performance are being achieved.

9.01 STANDARDS OF PERFORMANCE The employee agrees to perform the services to the standards of performance and service level as described in "Schedule B", as the same may be amended from time to time. The employee represents

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10.01

and warrants that he meets the required minimum qualifications set out therein.

CONFIDENTIALITY The employee acknowledges and agrees that in the course of his association with the Company, he will acquire confidential information (the "Confidential Information"), the disclosure of which to the · competitors, suppliers, customers or the general public could be highly detrimental to the best interests of the Company. The employee further acknowledges and agrees that the right to maintain confidential the Confidential Information constitutes a proprietary right with the Company or its customers are entitled to protect.

Accordingly, the employee agrees that it will not disclose to any person or use for its own or any other purposes the Confidential Information.

11~01 NON-COMPETITION AGREEMENT The employee agrees that the employee shall not, at any time during this Agreement, provide similar services to any person, firm or corporation which is directly or indirectly providing a service in competition . with the Company without the prior written consent of the Company. It is further agreed that the employee shall not use the equipment provided pursuant to this Agreement for any purpose other than the provision· of services to the Company.

12.01 TERMINATION (a) Upon termination of employment the employee hereby

grants the Company, upon reasonable notice, the right to enter on the premises of the employee to take possession of the equipment.

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(b) The final pay of the employee will be released within seven (7) days of termination of employment or once the equipment has been removed from the employee's prerr1ises, whichever comes first.

(c) Upon termination of err1ployment, if the equipment is proven to have been intentionally or wilfully damaged, the Corr1pany shall have the right to deduct the cost of repair or replacement from outstanding money owed to the employee. The equipment's availability and operational status will be determined at the time the equipment is retrieved. Written confirmation of receipt and operational status will be provided by the company representative at this time.

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SCHEDULE "B"

EMPLOYEES PERFORMANCE AND PROCEDURES

Major Purpose

To assist in the provision of prompt, friendly, and efficient service to the public desirous of ordering the Products offered for sale and/or delivery by the Company or assisting in the handling of customer services and relations.

Major Responsibilities

1) To respond to enquiries and orders for the Products offered; and

2) To assist in the processing of those orders.

Standards of Performance

1) Satisfactory performance in respect to responding to enquiries and ordering Products has been attained when:

(a) Friendly, cheerful, courteous and prompt service is provided at all times.

(b) Sufficient time has been spent on all enquiries and orders for Products to ensure that the order is transmitted to the Company's central computer with all information properly entered. It is acknowledged that each call will vary in time length and that the calls should not be rushed nor should more time be taken than is necessary to provide service to the customer consistent with the Major Purpose. Employees are required to at least meet the reasonable productivity standards established by the Company.

(c) Knowledge of computer and telephone equipment is maintained at a level as to allow operation with no assistance from others, except in the case of hardware

40

and/or software malfunctions, which should be brought to the attention of the Company as quickly as possible.

(d) No calls presented to the employee will remain unanswered. (The. employee shall not have call waiting).

If for emergency purposes call waiting must be active for all or part of a shift, the employee will ensure that there is no disruption to the customer.

(e) The Company's "reasonable' service levels determined from time to time will be maintained.

(f)) Each call shall be answered by following the current call criteria in place and as amended from time to time by the Company.

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SCHEDULE "C"

1.01 The weekly compensation for employees shall be calculated as follows:

a) Effective the first pay period following the date of ratification (November 22, 2010) of this agreement:

1.80°/o of the dollar value (excluding all applicable taxes) of error free orders taken by an operator in a week; plus

Sixteen cents ($0.16) of each error free call taken by an operator in a week.

Effective August 19, 2012:

1.85°/o of the dollar value (excluding all applicable taxes) of error free orders taken by an operator in a week; plus

Sixteen cents ($0.16) of each error free call taken by an operator in a week.

OR

b) Effective date of ratification (November 22, 2010) the minimum hourly rate shall be as follows:

Start rate: $11.28 After 6 months service: $11.43 After 12 months service: $11.78

Effective August 19, 2011 the minimum hourly rate shall be as follows:


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Effective August 19, 2012 the minimum hourly rate shall be as follows:


Within 2 weeks of ratification (November 22, 2010) the Employer shall pay by separate cheque a lump sum payment in lieu of retroactivity a $75.00 payment to all employees.

(c) Either the method specified for determining the weekly compensation in Schedule "C" 1.01(a) or "C" 1.01(b) shall be used in determintng the. appropriate weekly rate for each pay period, whichever is greater.

The average hourly rate shall be calculated by dividing the amount earned in a pay period by the number of hours worked in the pay period.

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LETTER OF UNDERSTANDING #1

NEW PRODUCTS

The Company agrees to provide each bargaining unit employee, who has completed at least three (3) months continuous service, with one fifteen dollar ($15.00) complimentary voucher every three (3) months for Pizza Pizza products (to be issued February, May, August, November).

As deemed appropriate by the company, employees who are required to attend company seminars/meetings/training sessions as per Schedule "A" (3.01) and in the event that a portion of the meeting is held for the purpose of new products or enhancing product knowledge, shall be provided with a new product sampling opportunity.

DATED THIS~ DAY OF A:fr,'l , 20 ll IN THE CITY OF Toronto.

Signed on behalf of the Comp


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SEVERANCE

In the event the Company decides to cease the operations of Franchise Owners Toronto Limited for any reason, employees shall be eligible to receive either the benefits they may be eligible for under the Employment Standards Legislation of Ontario or the separation allowance outlined below, whichever has a greater overall benefit to the employee, but not both. The Company separation allowance outlined below, if appropriate, will be paid to the employees subject to the following:

• Employees must have one or more year's of seniority • Employees are actively employed with the Company and

accumulating seniority • The closing is not brought about by a strike, walkout, work

stoppage, or slow-down • In order to qualify for the company separation allowance

employees will continue to work in a satisfactory manner as long as required

The scale of the Company separation allowance shall be as follows:

• Employees who have one (1) year of completed company service and up to five (5) years service will be eligible for one weeks regular pay (average of last 12 weeks regular earnings) per completed years of service

OR • ·Employees with six (6) or more completed years of service

will receive 2112 weeks regular pay (average of last 12 weeks regular earnings) per completed years of service, up to a maximum of 52 weeks of regular pay.

Employees who accept separation pay under the provisions of this clause shall on so doing terminate their seniority and employment relationship with the Company and shall have no further rights under this Agreement.

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Such amounts will be paid out on the current bi-weekly basis.

In respect of those en1ployees who are eligible for the Company separation allowance as provided under this Letter of Understanding, the Company will continue to contribute to the Group Life Insurance, Extended Health and Dental Plans for the period corresponding to the appropriate payment period, subject to the employee continuing to make their share of the premium cost remittances and provided they have not found other employment that provides benefit coverage.

DATED THIS ~DAY OF Ayr:l , 20 1L IN THE CITY OF Toronto.

Signed on behalf of the Compa y


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HEALTH AND DENTAL PREMIUM EXEMPTION

The Company and the Union agree to extend, for the duration of this collective agreement, a Health and Dental premium exemption to those employees currently enrolled and receiving company benefits (listed below), subject to the terms of this letter of understanding.

Each of the individuals listed below, in order to retain the appropriate health and dental cost share premium coverage exemption, must meet and maintain the criteria for eligibility as follows.

• Full time benefit coverage will be maintained provided that each eligible employee work the requisite number of Full Time hours (minimum 35 hours per week) to maintain such benefit eligibility.

• Should such Full Time employee weekly hours of work total less than the minimum required to qualify for full time benefit coverage status and fall below 35 hours per week (six (6) week consecutive average), their status will be changed to Part Time benefit coverage (if eligible), and their corresponding benefit coverage will be reduced, for a period of one year. Following the one year period the employee will then be placed in the benefit category that reflects their average hours of work.

• Employee's currently receiving PT employee benefit coverage will also need to meet the minimum number of Part Time benefit coverage weekly hours (20 hours) for a six week period or their benefit coverage will cease and they will lose their exemption under this provision.

The following employees will be exempted from the premium cost sharing provisions for the term o.f this agreement (subject to the above terms):

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• Audra Bortnikas • Fariha Khan • Sophie Kurak • Zoe Leandro • Roberto Riveros • Jerry Smokovic • Saima Sultana

All remaining and new employees, subject to enrolment and eligibility will be required to remit the employee share of the health and dental care monthly premiums, as established by the company. These amounts will be deducted from the employee pay bi-weekly.

Illness, injury, excused absences, modified duties and vacations shall not be considered in these calculations.

For clarity purposes this Letter of Understanding is for calculating benefit coverage eligibility only.

DATED THIS~ DAY OF .Arr: I OF Toronto.

Signed on behalf of the Camp y

I 20 .1L IN THE CITY


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LETTER OF AGREEMENT #1

This will confirm the assurance given by Pizza Pizza Limited during. the course of negotiations for the Collective Agreement between Franchise Owners Toronto Limited and the UFCW Local 175. Pizza Pizza Limited assures the Union that it will not open a phone room in the area covered by the bargaining unit.

In the event that Pizza. Pizza Limited does assume operation of the Telephone Order Processing Department in Metropolitan Toronto from Franchise Owners Toronto Limited, Pizza Pizza Limited agrees to be bound by the Collective Agreement between the Union and Franchise Owners Toronto Limited.

~ '\ DATED THIS.!&: DAY OF "'--A..I.f--n ...._ __ , 20 _( J IN THE CITY OF Toronto. LLf Signed on behalf of Signed on behalf of the Compan the Union

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This will confirm that Franchise Owners Toronto Limited is the only authorized group licensed to operate the Toronto Order Processing Department.

DATED THIS rDAY OF Af·'l , 20 lL_ IN THE CITY OF Toronto.

Signed on behalf of Signed on behalf of the Compan the Union

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The parties agree that in the event that the Company reopens a central telephone room in the area covered by the Collective Bargaining Unit the Company will meet with the Union and bargain in good faith amendments as necessary to this Collective Agreement to deal with the operation of a phone room.

DATED THIS r DAY OF ~r.'l OF Toronto.

Signed on behalf of the Camp~,

I 20 .1}_ IN THE CITY


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UNION COUNSELLOR

The Corr1pany agrees to recognize a Union Counselling Program for all personnel employed within the bargaining unit (maximum two (2) counsellors).

The objective of this program is to maintain good labour/management relations.

The Company agrees to allow counseling activities to take place on Company provided the aggregated total does not exceed two (2) hours per week.

The role of the Union Counsellor is to provide referral services and give encouragement, and follow-up support for fellow workers, and their families who may be experiencing problems affecting their health or well being.

The Company shall advise new hires of the availability of the Counselling Program.

Employee's confidentiality will be strictly kept between the Counsellor and the employee, unless permission is granted by the employee.

It is agreed that Management and the Union shall not call a Union Counsellor as a witness (regarding any issue discussed in confidence) in grievance or arbitration cases.

~ \J DATED THIS .1.E DAY OF Aprt OF Toronto.

I 20 JL IN THE CITY

Signed on behalf of Signed on behalf of the Compan the Unio

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