COLLECTIVE AGREEMENT

Between

THE SALVATION ARMY LONDON RECYCLING OPERATIONS

LONDON, ONTARIO

-and -

SEIU LOCAL2

BREWERY GENERAL AND

PROFESSIONAL WORKERS' UNION

Effective: October 31, 2009

Expiry: November 1, 2012

Article

ARTICLE :I. ARTICLE 2 ARTICLE 3 ARTICLE4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE :1.0 ARTICLE :L:L ARTICLE :1.2 ARTICLE :1.3 ARTICLE :1.4 ARTICLE :1.5 ARTICLE :1.6 ARTICLE :1.7 ARTICLE :1.8 ARTICLE :1.9 ARTICLE 20 ARTICLE 2:1. ARTICLE 22 ARTICLE 23 ARTICLE24 ARTICLE 25 ARTICLE 26 ARTICLE27 ARTICLE28 ARTICLE 29 ARTICLE30 ARTICLE3:L ARTICLE 32

INDEX Description Page

GENERAL PURPOSE ............................................................................................................. :I.

RECOGNITION ........................................................................................................................ :I.

MANAGEMENT RIGHTS ....................................................................................................... 2

STRIKES AND LOCKOUTS ................................................................................................... 3

UNION REPRESENTATION ................................................................................................... 3

COMPLAINT PROCEDURE ................................................................................................... 4

GRIEVANCE PROCEDURE .................................................................................................... 5

ARBITRATION ........................................................................................................................ 6

DISCIPLINE AND DISCHARGE CASES ............................................................................... 7

POLICY GRIEVANCES; GROUP GRIEVANCES ................................................................... 8

UNION SECURITY .................................................................................................................. 8

SENIORITY .............................................................................................................................. 9

HOURS OF WORK AND OVERTIME ................................................................................. :1.3

PAID HOLIDAYS ................................................................................................................. :1.6

VACATIONS ......................................................................................................................... :I. 7

OCCUPATIONAL CLASSIFICATIONS AND WAGE RATES ............................................. :1.9

JURY AND WITNESS DUTY ............................................................................................... 20

LEAVE OF ABSENCE .......................................................................................................... 20

PREGNANCY AND PARENTAL LEAVE ............................................................................ 23

ACCESS TO PERSONNEL FILE ......................................................................................... 25

RESPONSIBILITY ALLOWANCE ....................................................................................... 25

JOB VACANCIES ................................................................................................................. 25

JOB SECURITY .................................................................................................................... 26

TECHNOLOGICAL CHANGE ............................................................................................... 27

JOB CLASSIFICATION/ JOB DESCRIPTION ..................................................................... 27

SICK LEAVE ......................................................................................................................... 27

HEALTH AND WELFARE ................................................................................................... 29

RETIREMENT BENEFITS .................................................................................................... 30

OCCUPATIONAL HEALTH AND SAFETY COMMITTEE ................................................... 30

RETROACTIVITY .................................................................................................................. 3:1.

MISCELLANEOUS ............................................................................................................... 32

DURATION ........................................................................................................................... 33

SCHEDULE "A" .................................................................................................................... 34

LETTERS OF UNDERSTANDING ....................................................................................... 35

-ARTICLE 1- GENERAL PURPOSE

- 1:01

1:02

1:03

The general purpose of this Agreement is to establish and maintain collective

bargaining relations between the Employer and the employees and to provide for the

prompt and equitable disposition of grievances and maintain satisfactory working

conditions, hours of work, wages for all employees who are subject to the provisions

of this Agreement.

This Agreement will apply to all full time, part time, temporary employees unless

otherwise indicated. This Agreement shall supersede any prior oral or written

agreements or undertakings or practices between the Employer, the Union and the

employees covered hereby and the parties agree that the Employer shall not enter

into any other agreement with employees either individually or collectively which will

conflict with any of the provisions of this Agreement.

The gender clause "he/she" shall be used throughout this Collective Agreement.

ARTICLE 2- RECOGNITION

2:01 The Salvation Army recognizes Service Employees International Union (SEIU)­

Brewery General Professional Workers Union (BGPWU) Local 2 as the sole collective

bargaining agent for all employees of The Salvation Army London Recycling

Operations, in the City of London, in the County of Middlesex, Ontario save and

except supervisors.

2:02 (a) "Full time" employee means an employee who is scheduled for and works

regularly more than twenty-four (24) hours per week.

(b) "Part time" employee means an employee who is scheduled for and works

regularly twenty-four (24) hours per week or less.

(c) A new employee shall be considered to be on probation until after he/she

has completed sixty (60) days of work in a twelve (12) month period.

(d) "Temporary" employees - all work is offered to the bargaining unit first. If

no suitable replacement is found, management as required will hire

temporary employees during peak periods in production, illness and

holidays as to maintain its ongoing operation, with the understanding that

these jobs are not permanent and that no employee will be laid off or

suffer a reduction in his/her work hours.

2:03 During the probationary period, an employee is entitled to the advantages ensuing

from the present agreement. However, an employee who has not completed his

probationary period, may be terminated on the basis of a fair and proper

liPage

assessment of his/her suitability for employment. Such termination may be taken

up as a grievance as per Article 9:04. The employee will have the right to Union Representation at the disciplinary/dismissal meeting.

2:04 We agree that there shall be no discrimination, interference, restriction, or coercion

exercised by The Salvation Army or their representatives with respect to any

employee in the matter of hiring, wage rates, training, upgrading, promotion,

transfer, layoff, recall, supervisory action, classification, discharge or otherwise by reason of age, race, cree~, colour, ancestry, sexual orientation, citizenship, place of

origin, ethnic origin, gender, marital status, family status or handicap, all as defined in the Human Rights Code, 1981, as amended, nor by reason of political or religious

affiliation, place of residence, or membership or activity in the Union.

2:05 Since the Union is recognized as the sole and exclusive bargaining agent for all

employees in the bargaining unit, the Employer agrees that it will not enter into any

other agreements with employees, either individually or collectively which will conflict with any of the provisions of this Agreement.

2:06 Supervisors and all other persons including those persons whose jobs are not in the bargaining unit shall not work on any jobs which are included in the bargaining unit

except in the case of emergency and training or instances mutually agreed upon by the parties.

ARTICLE 3- MANAGEMENT RIGHTS

3:01 The Union recognizes, except as modified by the terms of this Agreement, the right of the Employer to manage and direct the working forces and acknowledges that it is

the exclusive function of the Employer to:

(a) maintain order, discipline and efficiency; delegate shifts, and to make and implement reasonable rules and regulations.

(b) hire, transfer, layoff, recall, promote, demote, classify, train, discharge, suspend, or otherwise discipline employees for just cause, provided that a claim of

discriminatory transfer, promotion, demotion, or classification or a claim that an employee has been discharged or disciplined without just cause may be the

subject of a grievance and dealt with as hereinafter provided.

(c) these rights shall be exercised in a fair and reasonable manner not inconsistent

with the provisions in this Agreement.

21Page

~ARTICLE 4 -STRIKES AND LOCKOUTS

-4:01

4:02

4:03

The Employer agrees that there will be no lockout of the employees during the term

of this Agreement. The Union agrees that there shall be no strike during the term of

this Agreement. This section shall not be construed as prohibiting members from

respecting picket lines, or from refusing to perform struck work.

The definition of the term "lockout" or "strike" as set forth in Article 4:01 shall be in

accordance with the Ontario Labour Relations Act, R.S.O. 1980, c.228, as amended.

The Employer agrees that it will not hire additional employees to do the work of the

bargaining unit while they are engaged in a lawful strike or while they are locked out.

ARTICLE 5- UNION REPRESENTATION

5:01 The Union shall elect or otherwise select a Union Committee composed of one (1)

Stewart and an alternate Stewart from the employees of the bargaining unit with

whom the Employer will deal on all matters relating to this Collective Agreement

including grievances, negotiations and arbitration.

5:02 (a) Each member of the said Union Committee shall receive their regular pay for

the time spent on Union Business including negotiations for a new Collective

Agreement, up to and including Mediation. No hours will be lost due to such

attendance.

(b) Members of the Union Committee and grievor(s), shall receive their regular pay

to investigate grievances and attend grievance meetings, up to and including

arbitration, which shall for the purposes of clarity, cover meetings with a

grievance settlement officer appointed under Section 46 of the Labour

Relations Act with representatives of the Employer, whether on or outside the

Employer premises. No hours will be lost due to such attendance.

(c) Members of the Union Committee shall receive their regular pay to attend

meetings as identified under Article 5:06.

(d) Members of the Union Committee shall receive their regular pay to attend

meetings as identified in Article 11:03.

5:03 The Union agrees that the Union Committee Members have regular duties to perform

in connection with their employment and only such time as is reasonably necessary

for the prompt processing of Union business will be consumed by such persons

during working hours. If it is necessary for a Union Committee Member to attend to

Union business as provided for in this Agreement, they shall not leave their work

without obtaining permission from their supervisor. When resuming their regular

3IPage

work, they shall again report to their supervisor. Such permission will not be

unreasonably withheld.

5:04 The Union Committee shall have the right at any time to have the assistance of a

Union Representative in all labour management relations. Such Representative

shall have access to the Employer premises to perform such duties as a

Representative of the Union. The Employer will be advised of the Representative

visiting the premises.

5:05 {a) The Employer agrees to supply the Union with the names of the Supervisors and

members of Management and will keep such list up to date at all times.

{b) The Union agrees to supply the Employer with the names of the Union

Committee members and will keep such lists up to date at all times.

5:06 Labour/ Management Committee

The Union Committee and Employer will meet quarterly as deemed necessary or as

requested by either party, at times mutually agreed should either feel there is

business for their consideration. Such meeting shall be arranged as promptly as

possible upon request by either party. Each party shall present a printed agenda of

items to be discussed, 10 days before the schedule meeting.

The Union Committee and Employer will meet at times mutually agreed should

either feel there is business for their consideration. Such meeting shall be arranged

as promptly as possible upon request by either party.

5:07 The Employer agrees to provide bulletin board space for the Union for the purpose of

posting Union notices. As a courtesy, the Executive Director or his designate shall be

provided with a copy of all notices to be posted.

5:08 The Union will elect or otherwise select one Steward and one alternate Steward with

whom the Employer shall deal on matters relating to grievances. Such employees

may be members of the Union Committee. Articles 5:02(b) and (d) and 5:03 will

apply to Stewards.

ARTICLE 6- COMPLAINT PROCEDURE

6:01 It is the mutual desire of the parties herein that complaints of employees be

adjusted as quickly as possible and it is understood that an employee has no

grievance unless a complaint has been referred to the employee's immediate

supervisor within ten (10) working days from the time the employee would have

reasonably become aware of the circumstances giving rise to the complaint. An

employee(s) shall have the assistance of a Union Committee member or Steward, if

41Page

so desired, at all stages of the complaint and grievance procedure. The Employer will notify the employees of this right.

6:02 The Supervisor shall give an oral decision to the complaint within five (5) working days. Failing action by the Employer to follow through with this decision, the grievance procedure will apply.

6:03 If the employee believes that a complaint has not been satisfactorily adjusted they may proceed to the grievance procedure.

ARTICLE 7- GRIEVANCE PROCEDURE

7:01 For the purpose of this Agreement, "grievance" is defined as dispute, claim or complaint involving interpretation, application, administration or alleged violation of the Agreement.

7:02 Step 1 A written grievance setting out the nature of the complaint may be presented to an employee's supervisor or designate within five (5) working days of the receipt of the decision of the Supervisor as outlined in Article 6. The grievance must set forth in detail on a form supplied by the Union and signed by the Steward. The Supervisor shall give his written reply within three (3) working days thereafter.

Step2 If the grievance is not settled at Step 1, the grievance may be referred in writing to the Executive Director within five (5) working days of the receipt of the decision of the Supervisor.

A meeting shall be arranged with the Executive Director (or their Designate), the Union Representative, grievor, and applicable Steward within five (5) working days following the advancement of the grievance to this step in an attempt to settle the grievance. The Employer shall respond to the grievance and render their decision in writing not later than five (5) working days after the grievance meeting has been held.

Should no settlement satisfactory be reached within five (5) working days of the appeal, the matter may be referred to arbitration within fifteen (15) calendar days in accordance with the arbitration procedure set out in Article 8 of this Agreement.

7:03 The above mentioned time limits in Article 6 and 7 may be extended by mutual agreement.

SfPage

-ARTICLE 8- ARBITRATION

. 8:01

8:02

8:03

8:04

8:05

8:06

In the event that arbitration of a grievance which has been processed through the

Grievance Procedure is desired by either party, then the other party shall be notified

in writing not later than fifteen (15) calendar days after the Employer's response to

the grievance under Step 2.

Such notice shall contain the name of the appointee to a Board of Arbitration named

by the party initiating the arbitration.

It is understood that any question as to whether a matter is arbitrable may also

become a subject of arbitration.

The recipient of the notice shall within ten (10) calendar days advise the other party

of the name of its appointee to the Board of Arbitration.

The two (2) appointees so selected shall within seven (7) calendar days of the

appointment of the second of them appoint a third person who shall be the

Chairperson.

If the two (2) appointees fail to agree upon a Chairperson within the time limit, the

Minister of Labour for Ontario, upon request of either party, shall appoint an

impartial Chairperson.

8:07 The decision of the majority of the Arbitration Board and where there is no majority

the decision of the Chairman will be final and binding upon the parties thereto and

the employee or employees concerned.

8:08 No person may be appointed as an arbitrator who has been involved in an attempt to

negotiate or settle the grievance.

8:09 The Board of Arbitration shall not have jurisdiction or authority to alter or modify any

of the provisions of this Agreement, or to substitute any new provisions in lieu

thereof, or to give any decision inconsistent with the terms and provisions of this

Agreement.

8:10 Each of the parties will bear the expenses of the nominee appointed by it and the

parties will share equally the fees and expenses, if any, of the Chairman of the

Arbitration Board.

8:11 Both parties may agree in writing for the appointment of a single arbitrator and/or

application for Mediation/Arbitration and the decision shall be binding and as

effective as if made by a Board nominated as provided. Each of the parties will

equally share the expenses.

6jPage

··8:12

. 8:13

Time limits contained in this Agreement may be extended by mutual agreement.

An arbitrator or arbitration board shall have the power to allow amendments to the grievance and to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision which the arbitrator or arbitration board deems just and equitable and consistent with the terms of this Collective Agreement.

ARTICLE 9- DISCIPLINE AND DISCHARGE CASES

9:01 An employee, subject to discipline, including verbal warnings, shall have the right to the presence of a Union Committee person or Steward(s) at the time the disciplinary action is being taken if they so wish. The Employer will inform them of this right.

9:02 (a) It is the intention of the Employer to be supportive of the employees in the matters of public relations. Letters of complaint on file (written reports from public, donors or store customers) along with the employee's version of the complaint shall be removed after six (6) months if no further incidents occur.

(b) Letters of a disciplinary nature will be removed after eighteen months if the employee has not received any further letters of discipline letters of a like or similar nature for an eighteen (18) month period.

9:03 In order to be valid supervisory action or as grounds for further supervisory action, a written warning must be communicated to the employee concerned within ten (10) working days from the time the Employer would have reasonably become aware of the incident giving rise to the complaint.

9:04 A claim by an employee that they have been discharged without reasonable cause shall be treated as a grievance if a written statement of such grievance is signed by the employee, and is then lodged with the Executive Director, or his designate, within five (5) working days after notice of discharge has been given by the Employer. The discharged employee shall have the right to the assistance of a Union Committee member in lodging their grievance. Such grievance shall begin at Step 2 of the Grievance Procedure, and may be settled by confirming the Employers action in discharging the employee, or by reinstating the employee with appropriate compensation, or by any other arrangement which is just and equitable in the opinion of the parties or of a Board of Arbitration established under the Arbitration provisions of this Agreement.

9:05 It is agreed that the Chairperson of the Union Committee and the SEIU Local 2 Union Office will be notified of the dismissal of any employee. Notification will be at the time the employee is dismissed.

7/Page

-~RTICLE 10- POLICY GRIEVANCES; GROUP GRIEVANCES

- 10.01 A grievance arising directly between the Union and the Employer concerning the

interpretation, application, administration or alleged violation of this Agreement

shall be presented in writing at Step 2 of the grievance procedure and, if necessary,

shall proceed to arbitration in the same manner as the grievance of an employee.

10.02 Where two (2) or more employees have identical grievances, the Union may initiate

the grievances as a group grievance, signed by the Chairperson of the Union

Committee (or the Chairperson's nominee) at Step 1 of the grievance procedure

within ten (10) working days after becoming aware the circumstances giving rise to

the grievance have originated or occurred.

ARTICLE 11- UNION SECURITY

11.01 As a condition of employment, all employees in the bargaining unit must become

and remain members in good standing of the Union.

11.02 (a) The Employer shall deduct from each employee included in the bargaining unit

an amount equal to the normal monthly dues as prescribed by the Secretary­

Treasurer of the Union and, where appropriate, Union initiation fees. A non­

refundable initiation fee shall be deduct during probation

(b) Employees who have attained seniority shall have deductions made on the first

regular deduction date following commencement of gaining seniority

employment, as per Article 12.01 Probationary Period.

(c) Deductions shall be made at each regular pay period, and shall be held in trust

by the Employer and forwarded to the Secretary-Treasurer of the Union, by

cheque, together with a detailed list of such deductions, no later than the 25th

day of the month following the pay periods for which the deductions were made.

11.03 The Union agrees to indemnify and hold the Employer harmless with respect to suits,

claims, actions or proceedings commenced against the Employer by reason of the

deductions of dues and other payments provided for herein.

11.04 The Employer will indicate the amount of Union dues paid by employees on their T-4

slips.

11.05 A new employee will have the opportunity to meet with a Union Committee Member

for a period of up to thirty (30) minutes, during an orientation/training shift, without

loss of regular pay.

SIP age

, 11.06 The Treasurer of the Union shall advise the Employer in writing as to the amount of monthly dues, and initiation fees and changes thereto.

11.07 The Employer will give written notice of the names of new employees hired, terminated, or resigned to the Union at the same time as the remittance of the Union dues.

11.08 It is agreed the Chair of the Union Committee will be advised as soon as new employees commence employment as to their classification and hiring date.

11.09 a) Work not to be done by Supervision The Union, as representing the workers, agrees that in normal conditions supervisors or other employees of the Employer shall not perform work normally done by employees in the bargaining unit if this would mean less available work for the latter unless:

1) Covering break and lunch periods; or

2) An emergency exists; or

3) For the purposes of instruction; or

4) In instances mutually agreed upon by the parties.

b) The Salvation Army London Recycling Operations shall not reduce the hours of work or the number of Full and Part Time employees' working within the bargaining unit by replacing them with non-bargaining unit workers.

ARTICLE 12- SENIORITY

12:01 Probationary Period

All employees shall serve as probationary employees until they have completed a period of 60 days worked. If they are retained when they have completed their probationary period, their names shall be placed on the appropriate seniority list and their seniority shall date back to the date of hiring.

* Part time shall have their own seniority list, and will have full rights as full time if they accept a full time classification.

12.02 The Employer shall supply to the Union annually on January 151, or on request up to twice in a calendar year, with a seniority list of all employees coming within the scope of this bargaining unit. The seniority list shall show the names of the employees, address, phone number and the date on which they commenced employment and the job title.

9IPage

Note - For the purposes of this Agreement, seniority is defined as the length of continuous service in the bargaining unit and will be applied on a bargaining unit wide basis. Such seniority will date from the last date the employee actually commenced work with the Employer and will accumulate thereafter. Employees acquiring seniority on the same date shall have their seniority determined by the draw of numbers during their orientation.

12:03 (a) In cases of promotion, demotion, transfer or layoff and recall, within a single classification, seniority will be the governing factor.

(b) In cases of promotion, demotion, transfer or layoff and recall a combination of experience, skills, abilities and seniority shall be taken into account in making the final decision, while posting for different classification. The parties recognize job opportunity and security should increase in proportion to length of service, however, ability to perform the work or to be able to perform the work will be determined by experience, skills and any bona fide required formal training. Where experience, skill and ability are found to be equal, seniority will be the governing factor.

(c) In cases of promotion, demotion, transfer or layoff and recall a combination of experience, skills, abilities and seniority shall be taken into account in making the final decision. The parties recognize job opportunity and security should increase in proportion to length of service, however, ability to perform the work or to be able to perform the work will be determined by experience, skills and any legally required formal training. Where experience, skill and ability are found to be equal, seniority will be the governing factor.

12:04 Seniority lists will be posted on the Union Bulletin Board and will be revised annually on January 151 or on request up to twice in a calendar year according to the records of the Employer.

Employees will have sixty (60) calendar days from the posting date of the seniority list to notify the Employer of any errors, changes and/or additions.

12:05 The Employer shall supply the Union Committee members with copies of the seniority list as well as forwarding a copy to the Local Union Office.

12:06 Loss of Seniority

An employee will lose his seniority and his employment with the Employer shall terminate for any of the following reasons:

(a) if he quits;

lOIPage

(b) if he is discharged and such discharge is not reversed through the grievance procedure;

(c) if he is laid off and fails to return to work within ten (10) working days after he has been notified to do so by registered mail to his last known address unless extended by mutual agreement;

(a) an employee who has not returned from WSIB, illness or injury for a period of more twenty four (24) months.

(b) if he is laid off for a period of over twenty-four (24) months;

(c) an employee who fails to appear for three (3) consecutive working days without permission from their supervisor and has not contacted the supervisor or in the case of the supervisor's absence or the person in charge of the store andjor voice mail, personally and directly if and when they have had an opportunity to do so, shall be deemed to have abandoned their position at their respective workplace and the employee shall cease to be employed.

(d) When a leave occurs, employees will be guaranteed a job at The Salvation Army London Recycling Operations upon returning to work. Where the leave is 30 days or less, employees shall return to their previous position without loss of seniority and at their attained salary level.

It is understood that during an unpaid absence credit for seniority shall be suspended and not accrue during the period of absence that exceeds thirty (30) days. Notwithstanding this provision, seniority shall accrue during the following:

1) Pregnancy and Parental Leave

2) WSIB for 24 months (24) months

3) Sick Leave for one (1) year

12.07 Layoff and Recall

(a) In circumstances where an employee is laid off, seniority will prevail provided the employee retained has the ability to perform the normal requirements of the job. Recall will be in the reverse order of layoff. The Employer agrees not to hire any new employees while there is any employee on layoff who has the ability to perform the normal requirements of the job in question. The job posting procedure in the collective agreement shall not apply until the recall process has been completed.

lliPage

(b) The Employer shall comply with the Employment Standards Act with respect to the giving of notice of layoff.

(c) In the event of a proposed layoff of a short term nature, the Employer shall provide the Union with at least two weeks notice. This is not notice in addition to required notice for individual employees.

In the event of a proposed indefinite or permanent lay-off, the Employer shall provide the Union with 60 days notice and will meet with the Union to discuss the following:

(i) the reasons causing the lay-off.

(ii) the service the Employer will undertake after lay-off.

(iii) the method of implementation including the areas of cutback and the employee(s) to be laid off.

Any agreement between the Employer and the Union resulting from the review above shall take precedence over the terms of this Article.

12:08 In the event of a lay-off of an employee, the Employer shall pay its share of insured benefit premiums up to three (3) months from the date on which the lay-off occurs.

On the expiry of the benefit program provided by the Salvation Army, the employee may, if possible under the terms and conditions of the Insurance Benefits program, continue to pay the full premium cost of the benefit.

12:10 Severance

In the event of a permanent layoff, the following will apply:

(a) Three weeks pay per year of service

(b) Benefits to continue for three months from the end of the month in which the layoff occurs.

(c) If an employee elects to accept a severance package in lieu of recall rights the employee will be deemed to be terminated.

121Page

-ARTICLE 13- HOURS OF WORK AND OVERTIME

_ 13:01 This Article shall not be construed as a guarantee of hours of work in a day or a week or a guarantee of days of work, or otherwise. The current scheduled hours of work will not be changed without agreement of the parties. Such agreement will not be unreasonably denied.

The normal hours of work shall be eight (8) hours (exclusive of a 1f2 hour unpaid lunch). The exceptions to the above are:

All hours in excess of five hours per day shall be entitled to a one half hour unpaid meal break. Due to the nature of the operation, some employees may be required to work through the meal break. Those employees will be compensated for that time at their regular rate.

An employee shall not have his/her existing regular hours reduced involuntarily due to those hours being assigned to an employee with less seniority. Exceptions to this are as follows:

(a) the change is necessary to maintain reasonable staffing flexibility within a unit;

or

(b) the change is agreed to between the Employer and Union.

13:02 (a) Full Time All authorized work performed in excess of normal hours per day, or on an employee's scheduled day off, shall be paid for at the rate of time and one-half (11h) of the employees basic straight time hourly rate or in excess of forty (40) hours.

(b) Part Time All authorized work performed in excess of 40 hours per week shall be paid for at the rate of time and one-half (11h) of the employee's basic straight time hourly rate.

(c) The Employer and employee may, by mutual agreement, schedule time off in lieu of overtime pay at a mutually satisfactory time. The employee may hold thirty-six (36) hours in the "Time Off in Lieu Bank." Any hours above the bank shall be paid as overtime. Time off shall be equal to the overtime entitlement. Where there is no agreement the employee shall be paid for overtime.

In order for employees to utilize their time off in lieu, the employee must submit their request, in writing, (form will be provided) at least ten (10) working days prior to the time requested and must be approved by their Supervisor or designate.

13IPage

13:03 The Employer will normally post shift schedules so that employees enjoy twelve (12) hours off between shifts and two (2) weeks advance notice of a change in posted shift schedules. This shall not prevent employees of their own accord from changing shifts with one another with the mutual agreement of the supervisor. Employees may be required to work overtime. Such overtime will be offered on the basis of seniority and shall be voluntary. It is understood that the requirement to work without the specified time between shifts as indicated above will require the consent of the employee.

13:04 In normal circumstances, no employee shall be scheduled to work for more than five (5) consecutive days without the employee's consent.

13:05 The normal hours of work will mean the majority of full time employees will have weekends off, according to operational needs. The exceptions will be arranged in consultation as the need arises.

13:06 No employee shall be laid off during their normal schedule of working hours for the sole purpose of depriving them of overtime pay.

13:07 Employees shall be entitled to paid rest periods of fifteen consecutive minutes in both the first and second half of an eight hour shift. Employees who work in excess of eight hours shall be entitled to additional paid rest period of fifteen minutes for each four (4) hours worked.

13:08 Part time employees will be scheduled on the basis of seniority within their job classification and on the basis of skills and seniority outside of their classification. Hours can be given to a part time employee under the following conditions:

(a) Vacations

(b) Sickness

(c) Leaves of absence

(d) Unauthorized leaves of absence

(e) Increased workload during regular operations

(f) Any other circumstance where regularly scheduled shift is not staffed

(g) Any other condition the parties agree to.

141Page

e 13:09 Call-In

The Employer shall maintain a list of part-time employees to be available for call-in.

(a) Employees on the call-in list shall be called in order of seniority beginning with the most senior employee until the staff shortage is filled. This list shall be posted.

(b) Subsequent call-ins will start with the employee below the last person to accept a call-in and so on, on a rotational basis.

The Employer shall bypass an employee on the list who would be eligible for overtime premium if called in to work, until such time as all employees that are available would be eligible for overtime pay.

Part-Time staff have regularly scheduled shifts. Their first commitment is to those shifts.

13.10 Call Back Pay

(a) An employee called back to work after leaving the premises who reports to work outside their normal, scheduled hours of work will receive, no matter what period of time is actually worked, no less than the equivalent of four (4) hours pay at time and one-half (1112) their regular, straight-time hourly rate.

(b) In lieu of call back pay, an employee may take equivalent time off with pay at a mutually agreeable time within thirty (30) days following the call back or such longer period as may be agreed upon. Where no agreement is reached, the employee shall be paid in accordance with paragraph 18:01.

(c) Any employee who is called into work as a replacement for an absent employee, after that employee's shift has started, will be paid for the full shift provided they work a minimum of six (6) hours.

13:11 Temporary Vacancy

(a) When a full time employee is going to be absent for an indefinite or definite period of time for any reason other than vacation and for a period expected to last longer than four (4) weeks, such positions shall be posted as per Article 23:01 of the Collective Agreement.

(b) It is agreed that any part time employee who is selected to fill any temporary vacancy shall be informed of the expected duration of the absence of the full time employee.

lSI Page

(c) If the original incumbent decides not to return to work, or is unable to do so,

then the position shall be regarded as full time vacancy and dealt with in the

appropriate manner as per Article 23 of the Collective Agreement.

(d) Employees in a temporary position shall remain in that position until its

completion, and are ineligible to apply for any other temporary postings until

the initial temporary position is completed.

ARTICLE 14- PAID HOLIDAYS

14:01 The following holidays will be granted to an employee provided the employee works

hisjher regular shift immediately preceding and immediately following such a

holiday, except where the employee is absent due to illness or for other satisfactory

reasons accepted by the Employer:

New Year's Day Family Day Good Friday Victoria Day Canada Day

Labour Day Thanksgiving Day 1h day Christmas Eve Christmas Day Boxing Day 1h day New Year's Eve

The Employer will recognize two (2) additional floating holiday off with regular pay

for all employees per calendar year. Requests for such floating holidays will be

submitted in writing at least ten (10) working days before the date requested and

the Employer shall respond in writing within three (3) working days of receipt of such

request. Where more than the authorized number of employees apply for the same

date, seniority will prevail.

14:02 An employee who is required to work on any of the above named holidays shall

receive at the employee's option either:

(a) pay at the rate of time and one-half (11f2) the employee's regular rate of pay for

work performed on such holiday in addition to the employee's regular pay, or

(b) pay at the rate of time and one-half (1112) the employee's regular rate of pay for

work performed on such holiday and in lieu, a day off sixty (60) days following.

Such lieu day off to be selected by the employee and their Supervisor by mutual

agreement.

(c) It is the responsibility of the employee to notify their supervisor, prior to the

payroll in which the public holiday occurs, if they are choosing option 14:02 a)

or 14:02 b). Such notification must be done in writing, using the appropriate

form. 161 Page

'

14:03 When a holiday occurs during an employee's vacation period the holiday may be added to the vacation period by mutual agreement between the Employer and the employee.

14:04 When a holiday occurs on an employee's regular day off, the employee will receive an additional day off with pay in lieu thereof; such lieu day to be mutually arranged between the Employer and the employee, in writing.

14:05 When a holiday falls on a weekend, the day off with pay will be given within 10 working days by mutual agreement, submitted in writing.

14:06 Employees whose ethnic, religious or spiritual affiliations may lead them to substitute other holidays with pay must arrange this with their Supervisor. This arrangement shall be made only in the case of employees whose ethnic, religious or spiritual status does not correspond to the public holidays in 14:01.

ARTICLE 15- VACATIONS

15:01 Employees, as of January 1•1 in any given year, will be eligible for vacation according to the following schedule:

(a) Less than one (1) year of service will receive four percent (4%) of their gross earnings in the preceding vacation year and may take a vacation of one (1) day off for each month of service to a maximum of ten (10) in that year.

(b) After one (1) year or more of service will receive three (3) weeks vacation with pay.

(c) After nine (9) years or more of service will receive four (4) weeks vacation with pay.

(d) After fifteen (15) years or more of service will receive five (5) weeks vacation with pay.

(e) After twenty (20) years or more of service will receive six (6) weeks vacation with pay.

(f) Part time employees shall receive vacation payment and pro-rated time off as per Article 15.01 a, b, c, d, e and shall be paid for the scheduled vacation period as per the regular pay schedule and method. Vacation pay shall be calculated based on the number of years of service as per the Collective Agreement

171Page

Less than one (1) year of service = 4% 1-8 years of service = 6% 9-14 years of service = 8% 15-19 years of service = 10% After 20 years of service = 12%

15:02 All employees shall be given their vacation preference based on seniority. An

employee may exercise their seniority rights once in any vacation year. In scheduling

vacation, an employee's preference shall be given based on seniority provided their

choice is indicated prior to March 1•. The employer will review and approve vacation

requests by March 31•t.

All other vacation time may be taken any other time of the year with two weeks prior

notice with approval of the Executive Director or designate.

15:03 Vacation pay shall be paid for the scheduled vacation period as per the regular pay

schedule and method.

15:04 Where an employee's scheduled vacation is interrupted due to illness, the illness

shall be considered sick leave provided the employee presents satisfactory proof of

illness.

The portion of the employee's vacation which is deemed to be sick leave under the

above provision will not be counted against the employee's vacation credits.

15:05 An employee who leaves the employ of the Employer for any reason, shall be paid

the vacation allowance due to them at the time of their termination as provided

herein.

15:06 An employee must use his vacation days by December 31st of the current year.

Vacations will not normally be carried over into a new year except in circumstances

that are exceptional and agreed upon by both parties.

15:07 An employee may take a proportion of the vacation entitlement any time during the

calendar year the vacation credits are scheduled to be used. The vacation credits

shall be reduced by such vacation taken.

15:08 The vacation pay entitlement, but not the vacation time entitlement, of an employee

who has been absent from work without pay for a period in excess of one (1) month

during the vacation year shall be prorated on the basis of actual time on the payroll

during which he/she is in receipt of remuneration from the Employer. An employee

who is absent from work on Workers' Compensation or paid sick leave (other than

LTD) shall not be held to have been absent from work without pay. It is understood

that employees absent from work on Workers' Compensation or sick leave shall

continue to accumulate vacation time entitlement.

181Page

. 15:09 Employees who have more than three (3) weeks vacation, may take up to one week

of their vacation in segments of one or more days at a time.

ARTICLE 16- OCCUPATIONAL CLASSIFICATIONS AND WAGE RATES

16:01 The occupational classifications and wage rates are set out in Schedule "A" which is attached hereto and forms part of this Agreement.

16:02 (a) If an existing classification is changed or a new classification is created, the Employer will provide the Union with such pertinent information as job title, work, wage rate. Such information will be provided to the Union as early as possible before the changed or new job is implemented. The rate of pay shall be subject to negotiations between the Employer and the Union.

(b) At the request of the Union, a meeting will be arranged for the purpose of endeavouring to resolve any difference(s).

(c) If the Employer and SEIU Local 2 are unable to agree on the rate of pay, such a dispute shall be submitted to arbitration for final determination. The new rate shall be retroactive to the time the position was first filled by an employee.

(d) The Board of Arbitration shall set a wage rate bearing an equitable relationship to classifications not in dispute in Schedule "A".

16:03 Electronic Transfer of Wages Employees pay shall be calculated on a two (2) week period ending on a Saturday. All employees will receive their pay every two (2) weeks by electronic transfer of funds into their bank account or trust company account on Thursday. All new employees will be required to complete a Payroll Bank Deposit Authorization Card and provide a sample voided cheque (or other information from their bank/trust company) on commencement of employment. In the event that the employee changes banks, trust companies, or changes their account, it is the employee's responsibility to notify the Employer by completing another Payroll Bank Deposit Authorization Card and providing a sample voided cheque. Pay stubs shall be available by no later than Friday.

16:04 Errors on Paychegues In the event of an error made by the Employer, on an employee's pay, a separate cheque shall be issued if the error results in an employee being underpaid by $25.00 or more. The Employer shall provide payment for the shortfall within five (5) business days from the date it is notified of the error.

191 Page

,ARTICLE 17- JURY AND WITNESS DUTY

_17:01 An employee required to serve as a juror or who has been subpoenaed as a witness to court will receive the difference between his or her jury or witness allowance and his or her regular pay for the time while serving in one of these capacities. The subpoena or jury notice will be presented to the Employer for confirmation of such leave.

If the employee is required to appear as a Crown witness for a case related to the Salvation Army Centre of Hope on their scheduled day off, they shall be reimbursed for regularly scheduled hours, and the Employer shall provide an alternate day off, without pay, subject to operational needs.

ARTICLE 18- LEAVE OF ABSENCE

18:01 Union Leave of Absence

The Employer may grant leaves of absence for the purpose of Union business, education, seminars, etc. Employees on such leave of absence shall be paid such leave by the Employer. The Employer shall then forward a statement for such wages to the Union office for reimbursement of the stated amount.

18:02 Personal Leave of Absence

The Employer may grant leave of absence without pay to any employee for legitimate personal reasons. The employee, to be considered for such leave of absence, must submit their request in writing to the Employer at least twenty-one calendar days in advance, except in the case of an emergency. Such consent shall not be unreasonably withheld, having regard to the reason for the request and the staffing requirements of the Employer.

Benefits while on a personal leave shall be continued through the absence period for a period of thirty days and while on WCB for 12 months or as per legislation. Benefits shall continue while on sick leave for thirty days or until sick credits are depleted, whichever is greater. Employees may continue to pay for the benefits beyond the coverage provided by the Employer.

18:03 Bereavement Leave

(a) In the event of the death of a member of the employee's immediate family, the Employer will grant a leave of absence with pay of five (5) working days. For purposes of this Article, immediate family means spouse, mother, father, sister, brother, child, adoptive child, stepchild, grandchild, or grandparent.

20IPage

In the event of the death of the employee's aunt, uncle, sister-in-law, brother-in­

law, son-in-law, daughter-in-law, mother-in-law, father-in-law or step-parent, the

Employer will grant a leave of absence with pay of three (3) working days.

In the event of the death of the employee's niece or nephew, the Employer shall

grant a leave of absence with pay of one (1) working day.

(b) Relatives referred to above include persons who are related by marriage,

adoption, and common-law relationships. The definition of in-laws shall be

interpreted as those of an employees current relationship.

(c) Employees may be entitled to an extension of any of the above-mentioned time

limits without pay. Such request shall not be unreasonably denied.

18:04 Education Leave

(a) Where employees are required by the Employer to take courses to upgrade or

acquire new employment qualifications, the Employer shall pay the full cost

associated with the courses.

(b) If required by the Employer, an employee shall be entitled to leave of absence

with pay and without loss of service and benefits to write examinations to

upgrade his or her employment qualifications.

(c) Where new or greater skills are required than already possessed by affected

employee, such employee shall be given a reasonable period of time without

any reduction in rates of pay during which they may acquire the necessaryskills

required by such change and every accommodation shall be made in order to

accommodate the acquisition of these skills.

(d) Further to Article 19:04 a, b, and c, the employee shall be entitled to any

necessary leave of absence with pay and benefits including overtime pay when

applicable.

18:05 Emergency Leave

Employees have a right to take up to ten unpaid days of time off work every calendar

year because of illness, injury, certain emergencies or other matters as stipulated in

the Ontario Employment Standards Act, 2000.

If an employee takes only part of a day as Emergency Leave, it can count as a full

day of leave.

An employee must inform the Employer that he/she shall be taking an Emergency

Leave of absence. If an employee has to begin an Emergency Leave before notifying

the Employer, the employee must inform the Employer as soon as possible. 211 Page

An employer is allowed to ask an employee to provide proof that he/she is eligible for an emergency leave of absence.

18:06 Family Medical Leave <Ontario)

a) The Employer shall grant Family Medical Leave to full-time, part-time, permanent or contract employees who will be providing care or support to a family member who has a serious medical condition and is in significant risk of dying.

i. Family Medical Leave is unpaid leave for a period of eight (8) weeks in a twenty six (26) week period.

ii. Family Medical Leave can last up to eight (8) weeks and must be taken in full week periods, not in days.

iii. The employee may not remain on a leave after the week in which the family member's death occurs, or in any event, after the twenty six (26) week period referred to in the medical certificate.

b) Under the Employment Insurance Act, six (6) weeks of employment insurance benefits called "compassionate care benefits" shall be paid to El eligible employees who have to be away from work temporarily to provide care to a family member who has a serious medical condition with a significant risk of death within twenty six (26) weeks and who requires care and support from one or more family members.

c) A "Family Member" includes: employee's spouse (includes common law or same sex spouse); a parent, step-parent or foster parent of the employee; a child, step-child or foster child of the employee or employee's spouse.

d) An employee who intends to take a Family Medical leave shall:

i. provide written notice to the employer. An employee, who must begin the leave before providing written notice, is required to provide the written notice a soon as possible after commencing the leave.

ii. The employee must provide a certificate from a qualified health practitioner confirming that a family member has serious medical condition and is in significant risk of dying within a period of 26 weeks.

e) The employer shall:

i. continue to pay the employer's share of the premiums to certain benefits (i.e., RRSP plans, life an extended health insurance plans, accidental death

221Page

plans and dental plans) that were provided to the employee before the

leave;

ii. include the period of the leave in calculating the length of the employee's employment for seniority and other purposes;

iii. reinstate the employee to the same position after the leave or to a

comparable position if the employee's position no longer exists.

f) There is no limit on the number of family medical leaves an employee may take

and there is no specified period of time that an employee must work between successive leaves.

g) Employees are entitled to take more than one leave in respect of the same

family member if a health practitioner issues another certificate (whether the

employee would be eligible for any further El benefits would be a matter to be determined by the Federal Employment Insurance Commission).

h) An employee may be entitled to both Emergency Leave and Family Medical Leave. They are separate leaves and the right to each leave is independent of any right an employee may have to the other leave. An employee who qualifies

for both leaves would have full entitlement to each leave.

ARTICLE 19- PREGNANCY AND PARENTAL LEAVE

As per the Ontario Employment Standards Act, 2000 (ESA) and as amended from

time to time.

(a) An employee is entitled to Pregnancy Leave without pay for a period of

seventeen (17) weeks beginning no earlier than seventeen (17) weeks before

the expected date of delivery. The Employer shall not deny a pregnant employee the right to continue employment during the period of pregnancy,

except as provided in this Collective Agreement.

(b) The Employer may require the employee to submit a medical certificate setting out the expected date of delivery.

(c) An employee shall inform the Employer in writing of her plans for taking

Pregnancy Leave at least two (2) weeks in advance of the anticipated date of commencement of her Pregnancy Leave, unless the employee stops working

because of complications caused by her pregnancy or because of a birth, still birth or miscarriage that happens earlier than the employee expected to give birth, in which case, the employee shall notify the Employer of the date of commencement of her leave.

231Page

(d) An employee, other than an employee eligible for Pregnancy Leave, who

becomes a parent through the birth of a child or children or adoption of a child

or children in the care of the employee for the purpose of adoption pursuant to

the law of Ontario, is entitled to Parental Leave without pay for a period of up to

thirty-seven (37) weeks, upon giving at least two (2) weeks notice in writing

(unless there is a valid reason why such notice cannot be given) to the Employer

on the date of commencement of the leave and duration of the leave. An

employee who takes Pregnancy Leave may also take Parental Leave, without

pay, for a period of up to thirty-five (35) weeks immediately following the expiry

of her pregnancy leave.

(e) Parental Leave for parents other than those eligible for Pregnancy Leave, may

begin their leave no more than fifty-two (52) weeks after the day the child is

born or comes into the custody of the parent for the first time. Where an

employee has begun Pregnancy or Parental Leave and the child to whom the

leave relates is hospitalized for a period exceeding or likely to exceed one (1)

week, the employee is entitled to return to work and defer the unused portion of

the Pregnancy or Parental Leave until the child is discharged from the hospital.

The employee shall give the Employer written notice of hisjher plans, as much

in advance as reasonably possible.

(f) Health Benefits Employees who are absent from work due to maternity leave are eligible for all

benefits, subject to payment of premiums. The employee must continue all

benefits in force at the time of maternity leave; they cannot choose to continue

only specific coverage. The employee is responsible for their share of premium

contribution throughout their leave. The employee is to provide the Employer

with post dated cheques prior to their last day of work to cover the employee

portion of the total premium cost. Coverage shall automatically continue

throughout the maximum period under the maternity provisions of the

Employment Standards Act.

Employees are able to make changes to their coverage within 31 days from the

actual birthdatesjadoption of their child. If changes are made after 31 days,

evidence of good health shall be required and late applicant restrictions shall

apply to the dependent(s).

Employees who choose to discontinue coverage during their leave, must provide

the Employer with written notice of their decision prior to their last day of work.

Upon the employee's return to work the employee must re-enrol into the benefit

program. The insurance company shall consider the employee a late applicant

and the employee and their dependent(s) shall be subjected to the late

applicant guidelines and restrictions (i.e. the employeejdependent(s) must

submit medical evidence and the insurance company has the right to refuse

coverage). 241Page

The employee who chooses to extend the maternity leave of absence beyond the maximum period under the Employment Standards Act must pay for the total premium cost.

Group RRSP Employees on maternity leave are considered participants within the Group RRSP program. Employer's contributions are made on behalf of the employee's and are based on actual monthly earnings.

(g) During a period of Pregnancy or Parental Leave, the employee shall continue to accumulate seniority. Sick leave and vacation leave credits.

(h) When an employee returns to work upon the expiry of Pregnancy or Parental leave, he/she shall resume work in the position held immediately before the leave began or, where that position is not available, in a comparable position with not less than the same rate of pay the employee earned prior to the leave(s). Where an employee becomes eligible for a pay increment or an increase in pay during the leave period, on return to work, the employee's rate shall be adjusted accordingly.

ARTICLE 20- ACCESS TO PERSONNEL FILE

20:01 An employee shall have an opportunity to view his or her personnel file and will apply to do so in writing to the Executive Director or designate. The employee will be allowed to view their file within one working day of such request unless extraordinary circumstances prohibit. The Employee may only view their file in the presence of the Store Manager or designate.

ARTICLE 21- RESPONSIBILITY ALLOWANCE

21:01 The Salvation Army London Recycling Operations shall pay the employees of London Recycling Operations a responsibility allowance of one dollar ($1.00) per hour to a qualified employee assuming some of the responsibilities of the Store Manager who is absent from the Store, where authorized.

In choosing a qualified employee for responsibility pay, skills and qualifications shall be considered followed by seniority.

ARTICLE 22- JOB VACANCIES

22:01 When a new job classification is created or any vacancy occurs as a result of death, retirement, resignation, promotion, demotion, transfer or termination of

25IPage

employment, the Employer will post a notice of the vacancy for a period of seven (7) calendar days on the Union Bulletin Boards in each location.

22:02 Employees shall have the right to apply for the job as in 23:01 during the period (seven calendar days) of the posting and the applications shall be considered by the Employer in accordance with the standards set forth in Article 12.

22:03 In the event the successful applicant within 45 days working days of commencing work in the posted position or such longer period as may be mutually agreed upon in writing, proves unsatisfactory or requests a return to their former position, they shall be returned to their former position without loss of service. It is understood this procedure does not prevent the employee from lodging a grievance.

22:04 If no applications to fill such vacancy or new job created are received from employees then the Employer will fill the vacancy or new job created in any manner it sees fit, including seeking outside applicants, with consideration to the seniority provision of this Agreement. Any recruitment notices outside of the workplace must indicate the workplace is unionized.

22:05 Copies of all job postings shall be submitted to the Chairperson of the Union Committee and the Union office, prior to the posting.

22:06 The name of the successful candidate will be posted on the Union bulletin boards immediately after all applicants are advised of the results.

22:07 If after twenty-one (21) calendar days following the posting of a vacancy, no suitable candidates have been identified, the status of that vacancy will be discussed with the Union.

ARTICLE 23 -JOB SECURITY

23:01 (a) The Employer agrees not to "contract out" any work performed by employees in the Bargaining Unit. The words "contracting-out" in this Article are also intended to mean sub-contracted, transferred, leased, assigned or conveyed.

(b) Should the Employer have reason to consolidate or relocate the operation, the parties shall meet as soon as possible to discuss ways and means of minimizing the effect, if any, upon the employees concerned. Both parties will work reasonably to a satisfactory resolve.

261Page

-~RTICLE 24- TECHNOLOGICAL CHANGE

"24:01 Technological change means the introduction of equipment different in nature, type or quantity from that previously utilized, a change, related to the introduction to this equipment, in the manner in which The Salvation Army carries on its operations, and any change in the work methods and operation effecting one or more employee.

24:02 Technological changes which would result in reductions in staff shall be introduced only after agreement with SEIU Local 2. The Employer also agrees to discuss these changes with SEIU Local 2 and to implement practical ways and means of minimizing the affect, if any, upon the employee concerned.

24:03 If technological change is introduced, the following shall apply:

Employees who require time to adapt to new technology shall be given time to acquire the new skills without loss of pay or hours.

ARTICLE 25- JOB CLASSIFICATION/JOB DESCRIPTION

25:01 (a) The Employer agrees to draw up job descriptions for all positions and classifications for which the Union is bargaining agent, and present them to the Union following ratification of the contract.

(b) Existing classifications shall not be eliminated without prior notice to the Union.

ARTICLE 26 -SICK LEAVE

26:01 (a) Full time employees who have completed the probationary period shall accumulate sick leave credits at the rate of one (1) day per month of service up to a maximum of one hundred and thirty (130) days.

(b) It is understood that there shall be no accumulation past three (3) months of continuous absence of outside sickness or injury.

(c) Part time employees will accumulate one (1) day for every eighteen (18) days worked up to a maximum of one hundred and thirty (130) days.

26:02 Employees who have completed the probationary period shall be credited with sick days accumulated as per above from the date of last hiring.

26:03 Sick leave credits used up will be deducted from the total sick leave credits accumulated by the employee.

26:04 Sick leave credits may be used commencing on the first day of an absence.

271 Page

. - 26:05 Appointments

Employees may use up to the number of hours in an employee's regular work day for the purpose of attending medical and/or dental appointments per calendar year. One day sick leave credit will be deducted when accumulated time due to appointments in a calendar year is equivalent to one regular work day. Time away from work for appointments beyond this limit will be unpaid. Despite this provision, employees are expected to make every effort to ensure appointments occur outside of working hours.

26:06 Sick leave credits shall not be paid to an employee due to an injury covered under the Workers' Compensation Act.

26:07 An employee may be required by the Employer, at its sole discretion and expense, to produce proof of illness or proof they are fit to return to work in the form of a certificate signed by a legally qualified medical practitioner for any absence due to illness of three (3) or more days.

26:08 During the month of January in each year, the Employer shall notify each employee of their accumulated sick leave credits. An employee may request an update.

26:09 During a lay-off, sick leave shall not accumulate.

26:10 Notice of absence must be given personally and directly by an employee to his/her immediate supervisor or designate, as early as possible before their duties would normally commence.

26:11 Notice of absence must be given each shift the employee will miss, except in cases where a medical practitioner has specified the duration of incapacity, or where the employee's supervisor has agreed that the employee need not call before each shift.

26:12 Accumulated sick leave credits will not be paid to employees on termination of employment.

26:13 Where staff are unable to complete a portion of a shift due to illness during the first half of the shift, one-half (1/2) sick day will be deducted from sick leave credit. Staff leaving during the second half of the work day will have no sick time deducted.

26:14 Provided an employee has completed one (1) year of employment as of November 30 and provided he/she has not utilized more than 25% (%) of his/her allotted sick leave in the current year, the Employer shall provide a bonus of $150 for employees subject to mandatory taxes. Employees having an absence of five (5) or more consecutive days due to illness or injury, may still be eligible for bonus benefits under this clause.

281 Page

~R'TICLE 27- HEALTH AND WELFARE

.27:01 The Employer agrees that the Group Insurance and Benefit plan shall be appropriately applied to all staff according to the conditions laid down in the employees' manuals.

27:02 It is agreed that the Employer may change the carrier of the plan provided there is no reduction in benefits, provided the Employer notifies the Union of the changes and the rationale for the changes.

27:03 The Employer shall be responsible for providing benefits under the aforementioned plans. The Employer will not change the terms of a plan without the agreement of SEIU Local 2. Any differences arising with respect to such plans will be disposed of in accordance with the grievance and arbitration provisions of this Agreement.

27:04 The Employer agrees to pay 100% of the Employer Health Tax or equivalent basic medical coverage.

27:05 Notwithstanding anything else contained in this Agreement, The Salvation Army London Recycling Operations shall continue the benefits for the period of accumulated credits as herein provided relating to sick leave, vacation and health and welfare program while the employee is either;

(a) on sick leave for 120 days- after which long term disability will apply as per the plan. When sick time ends the employee is responsible to assume both the employees and Employer's portion of the premium;

(b) while an employee is receiving Workers' Compensation, the Employer shall continue to pay for the employee's portion of the premium; for 12 months or as per legislation;

(c) part time employees are covered under the group benefit plan as outlined in the eligibility clause in the Employee's Handbook.

27:06 The deductible for prescriptions will be two dollars and fifty cents ($2.50). If the health plan does not provide this benefit, the Employer will repay the employee the balance above two dollars ($2.50).

27.07 As the Salvation Army currently continues the Health and Welfare benefits to the month which employees' reach age seventy one (71), the parties will meet to negotiate any detrimental condition to the employee during the life of the Collective Agreement that may come about through any changes in legislation that effect all benefits. Their benefits shall continue uninterrupted or they shall receive 2% in lieu of benefits.

291 Page

,~RTICLE 28- RETIREMENT BENEFITS

,, 28:01 The Employer agrees to provide the group Registered Retirement Savings Plan to all eligible employees as outlined in the Employee's Handbook.

28.02 An employee may announce their retirement with two (2) months notice, where possible. When the employee is no longer eligible to receive RRSP contributions at the end of the month in which they reach seventy-one (71) years of age, the employee shall receive a cash equivalent of the Employer percentage under the RRSP contribution level as defined in Article 29.01.

ARTICLE 29- OCCUPATIONAL HEALTH AND SAFETY COMMITTEE

29.01 The Salvation Army and SEIU Local 2 agree that they recognize as a first priority the employee's right to standards of safety and health at The Salvation Army in order to prevent accidents, injury or illness. The Salvation Army shall prevent and/or correct any situation which may compromise any employee's health and safety. It is agreed the Occupational Health and Safety Act will be deemed to be part of this Agreement, and The Salvation Army and the Union agree to abide by its provisions.

29.02 A Recycling Joint Health and Safety Committee (RJH&SC) shall be continued, with at least fifty percent (50%) representation selected or appointed from non­management groups. The Union shall elect or appoint one (1) per store) RJH&SC representative who shall be a member of the RJH&SC.

29.03 The RJH&SC Representative shall identify potential dangers and hazards, institute means of improving health and safety programmes and recommend actions to be taken to improve conditions related to safety and health. The Employer will respond in writing within twenty-one (21) working days to any formal recommendation of the Recycling Joint Health and Safety Committee Representative.

29.04 The Employer agrees to provide necessary and pertinent information to enable the RJH&SC Committee Representative to fulfil its functions.

29.05 Meetings shall be held quarterly or more frequently if required. Minutes shall be taken of all meetings and copies be sent to the Employer and to the Union. Time spent in such meetings is to be considered time worked.

29.06 (a) The Union RJH&SC representative's Two representatives of the Recycling Joint Health and Safety committee, one from management and one from the Union, shall make monthly inspections of the work place and equipment and shall report to the RJH&SC Representative and the Manager the results of their inspection. Wherever possible, inspections shall be carried out by workers

30IPage

certified by the Workers' Health and Safety Centre. Time spent shall be considered time worked.

(b) In the event of accident or InJury, such representatives shall be notified immediately and shall investigate and report as soon as possible to the Committee, the Union and the Manager on the nature and cause of the accident or injury and on recommended action. Time spent shall be considered time worked.

(c) Such representatives shall be notified of the inspection of a government inspector and shall have the right to accompany them on their inspections. Time spent in all such activities shall be considered time worked.

29.07 The Union, the RJH&SC Representative, and the representatives thereof, shall have full access to accident reports and other health and safety records in the possession of the Employer, including records, reports and data provided to and by the Workplace Safety & Insurance Board and other government agencies.

29.08 The RJH&SC representative must report back to their principals with respect to any changes stemming from the RJH&SC for support and approval, recognizing their mutual obligation under Article 30:01.

29.09 An employee representative on The Joint Health and safety Committee shall be eligible to participate in training programs offered by the Workers' Health and Safety Centre (WHSC) and/or other government approved training facility. The Employer will provide the registration fee and paid time off for the representative to participate in this training at their applicable hourly rate plus any premiums.

ARTICLE 30 - RETROACTIVITY

30:01 (a) The increases to the wages shall be effective from the date of ratification to all employees in the bargaining unit for all effected paid hours of employment. The Employer shall be responsible to contact in writing (with a copy to the Union Office) at their last known address, employees who have left its employ to advise them of their entitlement to any retroactive wage adjustment within 60 days of the settlement. Any employees who have since ceased to be employees shall have a period of sixty (60) days only from the date of receipt of the letter in which to claim from the Employer an adjustment to their remuneration.

(b) All retroactive payments are to be made in the form of individually fully itemized cheques to each employee within sixty (60) days of settlement for all present employees.

If (b) is not complied with (c) will apply.

31IPage

.• 30:02

(c) On all retroactive payments interest shall be paid at the current bank rate on the total amount of the retroactive payment .

The estate of an employee who dies while in the employ of the Salvation Army London Recycling Operations shall be entitled to receive the balance of any retroactive adjustments due them.

ARTICLE 31- MISCELLANEOUS

31:01 It is agreed that employees will have access to the Salvation Army's National policy/program with respect to an Employee Assistance Plan.

31:02 In the event that the Employer reinstates any position that has been eliminated from Schedule A below, the parties shall negotiate a wage rate for such position.

31:03 Employees shall be reimbursed for up to seventy-five dollars ($75) for safety shoes upon submission of proof of purchase once a year.

31.04 Employee's using their own personal vehicle for Employer business (authorized by the Employer) shall revive forty ($.40) cents per kilometre.

321 Page

-:ARTICLE 32 - DURATION

32:01 This Agreement shall become effective the 1st day of November 1, 2009, and shall continue in effect until the 31st day of October, 2012 and thereafter from year to year unless amended through negotiations.

32:02 Notice of intent to amend this Agreement shall be given by either party to the other in writing within a period of six (6) months prior to the expiry date and negotiations with respect thereto shall be within fifteen (15) days after filing notice to bargain for a new amended Collective Agreement.

32:03 In the event of such notification, should an agreement on the renewal or amendment of this Collective Agreement not be completed prior to the expiration date referred to in Article 33:01, this Collective Agreement shall be automatically extended until the consummation of a new Collective Agreement.

Signed this _J_gJh_ day of -tA-tf-f""-'V'~-'-;; ;~------, 2010 in the City of London, Ontario

For the Employer For the Union

7

331 Page

SCHEDULE"A"

November 1, 2009 November 1, 2010 I November 1, 2011 I

Classification Start 6 Months Start 6 Months Start 6 Months

Sales Person $10.73 $11.49 $10.94 $11.72 $11.16 11.95

34/Page

" .

BETWEEN

LffiERS OF UNDERSTANDING

The Salvation Army London Recycling Operations OF THE FIRST PART

and

Service Employees International Union (SEIU) Local2

OF THE SECOND PART

LEITER OF UNDERSTANDING # 1

Re: Possible conversion of the "Taking Care Benefit Program" to the SEIU Local 1 & 2 Benefit Trust (the Trust)

The Parties and the Trust Administrator "Global Benefits" agree to meet to exchange information starting March 1, 2010 and to negotiate starting September 1, 2010 for the "replicating" of the current schedule of benefits within the Bargaining Units represented by SEIU.

LffiER OF UNDERSTANDING #2 Re: Administrative Costs to the Union

The Parties agree to the following:

The Employer will contribute a one time lump sum of Three Hundred ($300.) dollars to the SEIU, Local 2 as recognition of the administrative costs associated with the Collective Agreement ending October 31, 2012.

351 Page

~

A~ITER OF UNDERSTANDING # 3 Wage reopener: . .-,In view of the economic downturn and the current monetary position of the Salvation Army the

parties agree to the following;

Should the financial restriction, be lifted or modified by the Salvation Army during the contract year of November 1, 2009, to October 31, 2010, the parties shall meet, open the Collective Bargaining Agreement and negotiate on the issue of wages only.

Dated at London this /fth day of l±r C·' \ '2010

For the Employer For the Union

361 Page