COLLECTIVE AGREEMENT

BETWEEN:

BROOKFIELD PROPERTIES LTD. (FIRST CANADIAN PLACE)

Toronto, Ontario

-AND-

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 772 (Receivers)

DM_ TOR/276571 0000416553772 2

EFFECTIVE: January I, 2013

EXPIRY: December 31,2015

TABLE OF CONTENTS

ARTICLE I -SCOPE ...................................... .......... .. ....... ............................................................ 3

ARTICLE 2 - MANAGEMENT FUNCTIONS ................ .. ........................................................... 4

ARTICLE 3 - RELATIONSHIP ..................................................................................................... 4

ARTICLE 4- UNION SECURITY ................................................................................................ 5

ARTICLE 5- UNION REPRESENTATION ................ ............................. .............. .... ................ .. 5

ARTICLE 6 - GRIEVANCE PROCEDURE ................................................................................. 6

ARTICLE 7- MEDIATION/ARBITRATION .............................................................................. 7

ARTICLE 8- SENIORITY .................................................................. .......................................... 7

ARTICLE 9- LEAVE OF ABSENCE ........................................................................................... 9

ARTICLE 10- OVERTIME AND CALL-IN PAY ....................................................................... 9

ARTICLE II- HOLIDAYS ......................................................................................................... 10

ARTICLE 12- VACATIONS WITH PAY .............................................................. .. .................. II

ARTICLE 13 -BENEFITS ........................................................................................................... 12

ARTICLE 14- CLASSIFICATION AND RATES OF PAY ...................................................... 13

ARTICLE 15- BEREAVEMENT AND JURY DUTY PAY ........ .. ............................................ 14

ARTICLE 16- MISCELLANEOUS ............................................................................................ 14

ARTICLE 17- BARGAINING UNIT WORK ............................................................................ 16

ARTICLE 18- DURATION OF AGREEMENT ......................................................................... 16

COLLECTIVE AGREEMENT

BETWEEN:

BROOKFIELD PROPERTIES LTD. (FIRST CANADIAN PLACE)

(hereinafter called the "Company")

-and-

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 772

(hereinafter called the "Union")

INTRODUCTION

The Company, the Union and the employees concerned and covered by this Agreement have agreed to comply in all respects to relevant legislation and have agreed to establish, as set out in this Agreement, hours of work, working conditions, rates of pay and grievance procedure with a view to promoting harmonious employer/employee relations.

ARTICLE I -SCOPE

1.0 I The terms of this Agreement shall apply to all receiving employees engaged in receiving services at Brookfield Properties Ltd. (First Canadian Place), located in First Canadian Place in Metropolitan Toronto, save and except Assistant Supervisors - Receiving Manager, persons above the rank of Assistant Supervisors - Receiving Manager, office staff, students hired for the school vacation periods, and those involved in special projects with the Receiving group.

Students will normally be required to cover scheduled vacations during their normal school vacation period between April and September. The union will be advised of the start date and anticipated end date that students will be required to work. Not more than 2 students will be hired during the same period, unless mutually agreed upon by the Company and the union.

Temporary workers will normally be hired to cover the shifts of bargaining unit employees who are required to be absent from work for an extended time, such as Short Term Disability, or an approved leave of absence. Temporary workers may be employed for a period not to exceed twelve ( 12) months, provided they are subject to a three (3) month probationary period.

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ARTICLE 2 - MANAGEMENT FUNCTIONS

2.0 I The Union understands and agrees to recognize that the function of managing and operating the building shall continue to rest with the Company. The exercise of these functions shall not be in conflict with the terms of this Agreement. These functions include, but are not limited to the hiring and directing of working forces, the determination of the number of employees required to fill the various job classifications, the right to promote, demote, transfer, discipline, suspend and discharge employees for just cause; the determination of the qualifications of an employee to perform work; the Company's right to select and implement the type, quantity, methods, and processes and means of operating; the making, publication and enforcement to rules for the promotion of safety, efficiency and discipline for the protection of the employees, the Company's plant, equipment, operations and the tenants' environment.

ARTICLE 3- RELATIONSHIP

3.0 I No employee or Union official or representative shall conduct any Union business on the property of the Company without first obtaining the permission of the Property Manager or his/her designate. Such permission will not be unreasonably withheld.

3.02 If the Company decides to layoff any bargaining unit member, the Union will be notified 3 months in advance. The Company agrees to compensate employees designated as laid­off on the following formula.

Company Service Layoff All on a nee Under 3 months No allowance 3 months and under I year Same proportions of I week's pay as completed months of

service are of 12 months I year and under 3 years I week's pay 3 years and under 5 years I Yz week's pay 5 years and under 7 years 2 week's pay 7 years and under I 0 years 3 week's pay I 0 years and under II years 4 week's pay I I years and over 4 weeks pay, plus an additional Yz week for each additional

year of Company service over II years Or layoff allowance in accordance with Employment Standards Act (Ontario), whichever is greater.

3.03 If the Company discontinues its rece1vmg services within the building, it agrees to provide written notice or payment in lieu of notice should circumstances warrant such payment on the following formula. This will apply to employees who are not given the opportunity to continue their employment within the building. The allowance/notice to which an employee is entitled shall be in an amount equal to the employee's regular wages for a regular non-overtime work-week.

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Written Notice or Payment In Lieu Severance Pay

Under 3 months no allowance Nil 3 months and under I year I week Nil I year and under 3 years 2 weeks Nil 3 years and under 4 years 3 weeks Nil 4 years and under 5 year 4 weeks Nil s 5 years and under 6 years 5 weeks 5 weeks 6 years and under 7 years 6 weeks 6 weeks 7 years and under 8 years 7 weeks 7 weeks 8 years and under 9 years 8 weeks 8 weeks 9 years and above 8 weeks 8 weeks pay plus I week for each

completed year of service and, for partial years, number of the employee's completed months of employment divided by 12 times their weekly rate. Maximum payment of 30 weeks.

ARTICLE 4- UNION SECURITY

4.01 The parties agree that there shall be a compulsory check-off of Union dues on all employees that come within the unit to which the Agreement applies and initiation fee for new hires. The dues to be deducted shall be such sum as may, from time to time, be uniformly assessed by the Union on its members according to its constitution.

4.02 The Union shall indemnify and hold harmless the Company against any and all liability, which may arise by reason of the check -off by the Company of dues in accordance with this Agreement.

4.03 In the event that the Company wishes to employ new employees, it shall first post the job posting internally within the Receivers bargaining group. If within 5 days there are no qualified applicants within the members for consideration, the Company may arrange to hire elsewhere and following usual Company practice.

ARTICLES- UNION REPRESENTATION

5.01 The Union shall have the right to appoint or otherwise select 2 employees to act as Union Stewards. No employee shall be eligible to act as a Union Steward until after the employee has completed the probationary period, nor shall the Company recognize anyone as a Union Steward unless the Company has received official notification from the Union.

5.02 It is recognized that Union Stewards or other officers of the Union who may be selected from amongst employees have regular duties to perform. Therefore such employees shall not leave their work for the purpose of conducting any business on behalf of the Union or

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employees without receiving permission from their respective immediate supervisors. No more than one person per shift shall attend to any business at any one time. Such permission will not be unreasonably withheld.

ARTICLE 6- GRIEVANCE PROCEDURE

6.01 Wherever in this Article and Article 7 time is provided for the doing of any act or thing, such time shall be exclusive of statutory holidays, Saturdays and Sundays. A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of this Agreement. The grievance shall be submitted in writing within the mandatory time limits provided herein and shall be signed by the employee directly involved. An earnest effort will be made on the part of both parties to settle the dispute promptly.

STEP 1 - An employee alone, or the employee with his/her Union Steward or alternate if the employee desires such assistance, shall within 5 days of the origin of the grievance submit the grievance in writing to the Receiving Manager. The Receiving Manager will reply within 5 days.

STEP 2 - Failing a satisfactory settlement of the dispute under Step I, the grievance may be presented to the Property Manager within 2 days of the reply of the Receiving Manager. A meeting shall then be arranged with the employee, the Union Steward or alternate and a Union Official, if such is desired, with the Property Manager and such management representatives, as the Company deems advisable. The decision of this meeting shall be given in writing within 5 days thereof. If a satisfactory settlement is not reached, the grievance may be referred to Step 3, providing this is done by notice in writing to the other party within 5 days of the reply from the meeting.

STEP 3 - Failing a satisfactory settlement of the dispute under Step 2, a meeting shall be arranged with the employee, the Union Steward or alternate, the Union Business Manager or designate and such management representative, as the Company deems advisable. The decision of this meeting shall be given in writing within 5 days.

6.02 Either the Union or the Company shall have the right to file a grievance regarding the interpretation, application or administration of this Agreement at Step 2 of the grievance procedure.

6.03 An employee who claims that he/she has been wrongfully discharged may lodge a grievance within 3 days after the actual discharge and such grievance shall be taken up at Step 3 of the grievance procedure. An Arbitrator that has jurisdiction to deal with discharge of disciplinary action may reinstate an employee with or without compensation of wages.

6.04 The time limits under this grievance procedure may be waived where mutually agreed.

6.05 When the Union Steward is absent from work, an alternate Union Steward may be appointed in his/her stead.

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ARTICLE 7- MEDIATION/ARBITRATION

7.01 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement which has been properly carried through all the steps of the grievance procedure as outlined above, and which has not been settled, will be referred to a single Arbitrator or a Mediator at the request of either of the parties hereto.

7.02 The Mediator or Arbitrator will be chosen by both parties by mutual agreement.

7.03 Should the Company and the Union fail to agree on a Mediator or Arbitrator within 15 days, the Minister of Labour for the Province of Ontario will be asked to appoint an impartial person to act as Arbitrator.

7.04 No person may be appointed as Mediator or Arbitrator who has been directly involved in attempts to negotiate or settle the grievance.

7.05 The Mediator or Arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement, nor to substitute any new provision in lieu thereof.

7.06 The parties shall jointly bear the expenses of the Mediator or Arbitrator.

ARTICLE 8- SENIORITY

8.01 (a) Seniority as referred to in this Agreement shall mean length of continuous service in the employ of First Canadian Place and shall prevail on a classification wide basis in the bargaining unit at First Canadian Place.

(b) The termination of a probationary employee shall be at the sole discretion of management.

8.02 An employee shall be on probation until the employee has been continuously employed by the Company for 90 calendar days. If at the option of the Company, an employee is retained for the aforementioned period, the employee's name shall be placed on the seniority list and his/her seniority shall be based on the date the employee last commenced work in the receiving services for the Company at First Canadian Place.

8.03 The Company will maintain a seniority list showing the date upon which each employee's seniority commenced. The Company will supply the Union with an up-to-date copy of the seniority list. A copy of the list will be posted annually, on the anniversary of the Agreement, on the bulletin board.

8.04 (a) When filling vacancies, the qualifications of the employees shall be given consideration; and, if there is any choice to be between 2 or more employees who have relatively equal qualification in the judgement of the Company, the employee having the greater seniority shall receive the preference. It is understood that where an employee within the bargaining unit bids on a vacancy in another classification within the bargaining unit and is successful, the employee shall transfer to the new employment classification for a trial period of up to 30 working days at the employee's old rate. If the

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employee's performance of work is satisfactory in the new job, the employee shall be confirmed and the employee's wage rate will change to the 3 month payment rate. After the duration of 3 months in the 3 month rate, the employee shall move to the top rate. If the employee's performance of work in the new job is unsatisfactory during the trial period, the employee shall transfer back to his/her former employment with the rights, privileges and wage rates previously enjoyed and, in such event, it shall not be necessary for the Company to again post the vacancy.

(b) I. In the event of a lay off, employees will be laid off in the inverse order in which their names appear on the seniority list provided that the employees remaining are qualified and able to perform the work required to be done.

2. When recalling employees after a layoff, employees who have retained seniority will be recalled in the reverse order to which they were laid off provided they are qualified and able to perform the work required to be done.

3. The Company and the Union agree that employees who are not members of any bargaining unit of Local 772 at First Canadian Place, shall not perform work or duties of receiving/shipping employees with the exception of students hired for the school vacation period or temporary employees hired for work agreed to by the Union and the Company.

8.05 An employee will lose his/her seniority and will be considered to have terminated his/her employment without recourse to the grievance procedure or arbitration for any of the following:

(a) if the employee quits;

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

(c) ifthe employee is laid off and fails to return to work within 5 working days after the employee has been notified to do so by registered mail to the employee's last known address;

(d) if the employee overstays a leave of absence without cause acceptable to the management;

(e) if absent from work for 2 or more consecutive days and without notifying the Company of the cause on the first day of such absence;

(f) if the employee has been on layoff for a period of I year.

NOTE: In the event an unexpected accident or illness prevents the employee from advising the Company immediately, the employee must do so as soon as possible and must supply a medical certification where so requested.

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ARTICLE 9- LEAVE OF ABSENCE

9.01 It is agreed that an employee may be granted a leave of absence for illness or legitimate personal reasons. Applications must be made in writing and submitted to the Receiving Manager for approval.

Mutual Relief

9.02 It is agreed that an employee may relieve another employee within the same classification on his/her regularly scheduled shift on a basis of mutual agreement with the consent of the Receiving Manager providing it does not result in the employee working two (2) continuous consecutive shifts. In such event, overtime and premium rates shall not be paid. This request is to be made in writing.

ARTICLE 10- OVERTIME AND CALL-IN PAY

10.01 Should the building require a regular shift(s) having Saturday or Sunday as part of the regular hours worked, hours worked on Saturday or Sunday as part of an employee's regular shift would be paid at straight time rates. If such an employee works overtime after his/her regular shift, the normal overtime rate would apply. Should an employee work overtime on his/her day off, the employee will be paid the applicable overtime rate. It is agreed that for any employee whose regular shift includes working on a Saturday or Sunday, a $0.60 per hour premium will be paid for the hours worked on Saturday or Sunday. This $0.60 per hour will not be used in the calculation or payment of overtime rates on Saturday or Sunday. This is a non-compounding premium.

I 0.02 All employees shall be compensated at the rate of I Yz times their straight time hourly rate for work performed in excess of 8 hours per day in a 24 hour period and for all work performed on Saturday and Sunday.

Employees shall be compensated at the rate of 2 Yz times their straight time hourly rate (inclusive of holiday pay) for all work performed on the statutory holidays as set out in Article 11.

I 0.03 Employees required to work a shift after less than 8 hours of rest, shall receive double time for that shift. Overtime will not be paid when reporting back for a regular scheduled shift, after only 8 hours of rest or less.

10.04 Employees required to work for 12 continuous hours or more which have not been previously scheduled shall be paid double the straight time hourly rate for any hours worked over 12.

10.05 There shall be no pyramiding of premium hours. Hours paid for once at a premium rate shall not be further enhanced by any additional premium payments.

I 0.06 An employee who is called in and who reports for work as requested thereafter shall receive a minimum of 4 hours pay at the rate of 1 Yz times the straight time hourly rate or

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the appropriate rate, whichever is greater. This shall not apply when an employee is called in early prior to his regular shift.

10.07 If an employee is called in to perform work with less than 48 hours' notice on his/her scheduled days off, the employee shall be compensated at the rate of I Y2 times his/her straight time hourly rate for all hours worked on the first scheduled day off, and shall be compensated at the rate of 2 times the employee's straight time hourly rate for all work performed on the employee's second scheduled day off. An employee will normally receive his/her days off on a consecutive basis. Where an employee works a scheduled 8-hour shift that ends on the midnight of the employee's first scheduled day off, any further continuous hours the employee agrees to work on this second scheduled day off shall be paid at 2 times the employee's straight hourly rate.

10.08 The process for distributing overtime hours will be determined by the bargaining unit employees and administered by the union steward or his/her designate. With overtime data provided by the union steward at least quarterly, the employer shall post the preceding quarters overtime listing with individual hours worked and refused.

10.09 An employee may be required to extend their normal scheduled shift due to the failure of one or more than one of the relief employees to arrive for the scheduled shift immediately following or as the result of an unforeseen requirement occurring for which management could not reasonably schedule. Such overtime shall be compensated for in accordance with the applicable terms of Article 10.

10.1 0 Should an employee, following the completion of his regular shift, wait without pay for an overtime booking at a later time that day and such overtime booking is subsequently cancelled, the employee shall receive three (3) hours pay at his regular rate. It is understood that the Company will determine if overtime is required between the end of the regular shift and the overtime booking.

10.11 Students and temporary employees shall not be offered the opportunity to work overtime unless all bargaining unit members have refused.

ARTICLE 11 -HOLIDAYS

11.01 All full-time employees who are off will be paid 8 hours' pay at their standard hourly rate for the following statutory holidays, subject to the following conditions:

11.02 (a)

New Year's Civic Holiday Family Day Labour Day Good Friday Thanksgiving Victoria Day Christmas Day Canada Day Boxing Day

Employees will receive 2 paid special need days per year, which can be taken individually or together, at any time during the year, for personal reasons, providing the employee makes the request in writing to the Supervisor, at least 48

(b)

(c)

(d)

11.03 (a)

(b)

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hours in advance. Unused special need days are not accumulated from year to year, and there is no payment for unused days.

A new employee shall not be eligible for any statutory holiday until after the employee has worked 30 regular work days.

Employees must have worked a full shift the scheduled work day preceding the holiday and the scheduled day following the holiday to be eligible unless absent due to illness or granted permission by the Company to be absent. Employees required to work unscheduled hours on statutory holiday shall receive 2 times the straight time hourly rate for all work performed plus holiday pay.

The Company will pay I Y:z times the straight time hourly rate for work performed on Christmas Eve and New Year's Eve between 3:00 PM and I I :00 PM

If any such holiday falls on a Saturday or Sunday and another day is established by statute or decreed by the Company for its observance, it shall be deemed to be the holiday for the purpose of this Agreement.

Statutory holiday payment shall be given for the total number of hours the employee works on the holiday from 12:01 AM ofthe holiday to 12:01 AM ofthe following day. This amount shall never be less than 8 hours payment unless part­time calculations apply.

Hours worked shall be paid at I Y:z times the straight time hourly rate for the first 8 hours, and 2 times the straight time hourly rate for any hours in excess of 8 hours. Employees who are called in to work unscheduled hours on a statutory holiday shall receive 2 times the straight time hourly rate for all hours worked.

ARTICLE 12- VACATIONS WITH PAY

12.01 (a) Vacations with pay will be granted as follows:

Company Service Vacation Pay Less than I year of continuous service Payment in accordance with the Employment Standards

Act (Ontario) I year or more continuous service 2 weeks or 4% of gross pay excluding holiday pay,

whichever is greater 3 years of continuous service 2 weeks and 3 days or 5.2% of gross pay excluding

holiday pay, whichever is greater 4 years of continuous service 3 weeks or 6% of gross pay excluding holiday pay,

whichever is greater I 0 years of continuous service 4 weeks or 8% of gross pay excluding holiday pay,

whichever is greater

(b) When an employee's anniversary date entitles the employee to an additional week of vacation, such week of vacation shall be pro-rated for the remainder of the calendar year.

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I2.02 Vacations must be taken within the calendar year granted. All employees who have earned at least 2 weeks vacation are required to take at least I 0 days of their entitlement in each calendar year for an entitlement up to 4 weeks per year. Employees may carry over five (5) days of vacation to the following year which must be taken no later than April 30th. The employee must request, in writing, to carry over five (5) vacation days and not receive payout of vacation pay.

Employees who have used their minimum vacation entitlement in time, and are still entitled to additional pay in lieu of outstanding vacation entitlement will be paid their remaining vacation pay on the second pay of January each year. Vacation pay shall be paid when vacation is taken.

I2.03 When an employee's scheduled vacation day coincides with a paid statutory holiday or another day established by statute or decreed by the Company for its observance, such vacation day shall be taken on the work day immediately following the scheduled vacation period.

I2.04 Individual employees who work on statutory holidays will be given the option of taking days off to correspond with the number of statutory holidays so worked. Such days off shall be scheduled by the Receiving Manager- at a later date to a maximum of 5 times in a calendar year. In such cases, payment will be made at the rate of I ~times the straight time hourly rate for working on the statutory holiday and straight time payment will be banked for payment when the day off is scheduled. Employees who wish to take advantage of this option for the current year will so advise the Company within 30 days of execution of the Collective Agreement, and subsequently in November of each year to apply to the following year.

I2.05 Employees shall have choice of vacation dates in accordance with seniority in the receiving bargaining unit at First Canadian Place, provided the Company shall, at all times, have a fully qualified and experienced work force remaining on the job. All vacation dates shall be authorized by the Company in writing before an employee leaves on his/her vacation.

ARTICLE I3 - BENEFITS

I3.0I Employees in the bargaining unit will be eligible to participate in the Company's insurance programs available to all other employees of Brookfield Properties Ltd. (i.e. extended health care, dental, long term disability, life and accidental death and dismemberment insurance). Eligibility will be determined in accordance with the official policy, insurance contracts or the planned text. Information outlining the benefits will be issued to the employees.

13.02 Employees in the bargaining unit will be eligible to part1c1pate in the Company's sponsored group RRSP, Short Term Illness. Plan and Sick Day Policy on the same basis as other employees of Brookfield Properties Ltd. Eligibility and process requirements will be determined in accordance with the official policy or planned text. Information outlining the benefits will be issued to the employees.

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13.03 The Company agrees to maintain the employees' benefits during absence for illness or other approved leaves subject to the employees remitting any required employee premiums during such illness or leave.

13.04 The Company benefits as provided under this Article shall not be less than the level of benefits of Brookfield Properties Ltd. at the time of signing of this Agreement.

ARTICLE 14- CLASSIFICATION AND RATES OF PAY

14.01 The Company agrees to the following classification and wage schedule, as and from the signing of this Agreement on:

Months Months Months Jan 1/13-Dec 31/13 2.75% 20.17 21.21 22.97 23.68

Jan 1114-Dec 31114 2.50% 20.67 21.74 23.54 24.27

Jan 1115-Dec 31115 2.25% 21.14 22.23 24.07 24.82

14.02 The Company reserves the right to create additional and/or new classifications, as it may from time to time deem essential to its efficient operation. The wage rate for such changes shall be negotiated between the parties. If the parties cannot agree to a rate despite best efforts by the parties to negotiate said rate, the Company reserves the right to set the rate.

14.03 (a)

(b)

The Company reserves the right at any time to install a time management system which employees will be required to utilize in order to prove their time worked for the Company. In the event that an employee does not "clock in" as required, he/she will not be paid for hours allegedly worked. Any employee who "clocks in" using the card of another employee or permits his/her card to be used by another employee, shall be subject to discharge.

Employees must be in full uniform and ready to start their shift at their scheduled start time when they clock in/out.

14.04 The Company agrees that the following shift premiums will apply:

14.05 An employee requested to perform the full work of a higher classification will be paid the higher rate of such classification for all hours worked.

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ARTICLE 15- BEREAVEMENT AND JURY DUTY PAY

15.01 In case of a death in the immediate family of an employee, the Company shall grant leave of absence with pay, not to exceed 3 days at the employee's normal straight time hourly rate, as may be necessary for the purpose of attending the funeral and making funeral arrangements, provided the 3 days fall within the employee's normal work week. Immediate family shall be meant to include mother, father, brother, sister, spouse, children, mother-in-law, father-in-law, step parents, step children and same sex partner. The Company shall grant leave of absence with pay, not to exceed 1 day at the employee's straight time hourly rate to attend the funeral of grandparents, brother-in-law or sister-in-law. In the event the funeral is out of the country, up to five (5) days will be granted.

If an employee is prohibited from attending the funeral of an immediate family member because of distance, the Company shall grant the employee a leave of absence with pay, not to exceed 1 day, for the purpose of attending a memorial service (religious, personal, etc.) provided such service is being held on a day that the employee would otherwise be at work.

Should the employee require additional leave (for example, to travel out of province) such leave may be granted at the discretion of the next level of management, usually the General Manager. Employees should consider using their special need days, which are considered an appropriate avenue to use for such cases.

15.02 The Company shall pay to any employee, who may be required to serve as a juror in any court of law in the County in which he/she resides, the difference between the amount received for such service and the amount the employee would have received had the employee worked at his/her normal straight time hourly rate, provided that such employee shall return to work each day immediately upon being discharged from jury duty where practical. The employee may be required to present written proof that he/she was required and did serve as a juror during the period for which the employee is requesting his/her pay.

ARTICLE 16 - MISCELLANEOUS

16.01 The Company agrees to continue its present practice for the life of this Agreement with respect to the supply and laundering of uniforms.

16.02 The Company agrees to supply, at no cost to the employees, safety boots, and to replace such boots as required. It is understood that worn, damaged or unsafe boots will be returned to the Company. It is further understood that these boots are not to be worn or removed outside the building's premises.

16.03 Taxi fare shall be paid if an overtime shift ends after 12:30 AM and will be paid only from 12:30 AM until T.T.C. begins operation on that day.

16.04 (a)

(b)

(c)

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The Company will continue its practice of supplying the necessary parkas for those employees outside in inclement weather. Parkas are not to be removed from the premises at any time following completion of a shift.

The Company agrees to provide a vest for each employee.

Employees are responsible for the care of all property supplied by the Company, including the articles of clothing in (a) and (b), in accordance with Company practice and policy.

I6.05 It is understood that the Assistant Supervisor - Receiving, and those above the rank of Assistant Supervisor - Receiving, shall not perform the work of bargaining unit employees unless an unforeseen predicament of which neither the Company nor the Union have any control over. The parties agree that the Company shall have the right to perfonn the necessary duties at Management's discretion.

16.06 The Company agrees to the fonnation of an Occupational Health and Safety Committee as per the appropriate government legislation. The employees of this Committee will operate in accordance with the Act in association with the Company's representative (to be designated by Management). Employees will not suffer loss of earnings when attending meetings.

I6.07 Personal tidiness shall be mandatory for all employees and the same shall be subject to the approval of the Receiving Manager within reason. Failure to comply will result in the employee being sent home without pay.

I6.08 Union Stewards will be paid for time lost from work processing grievances with the Company up to, but not including Arbitration, and for negotiation with the Company up to but not including conciliation. Union Stewards will also be paid for time spent in Labour-Management meetings, which• are held during regular working hours.

I6.09 After 4 hours of work resulting from an unscheduled call-in or overtime, a meal allowance of $I 0.00 shall be granted.

I6.I 0 Paternity leave will be granted for the birth and travel home of mother and child to the amount of I day for each event.

I6.11 The Company agrees to deposit the employee's pay cheque into his/her bank account (within Canada) provided the Company is provided with all necessary infonnation to do so.

Any errors with respect to payments owed to employees will be dealt with and corrected by the Company as quickly as possible upon notification of such an error by the employee to the Company. Errors in pay of greater than $50.00 shall be corrected by issuing a cheque within I 0 days of notification.

..

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16.12 No employee shall use the property of the Company for his/her personal use without first obtaining the permission of the Receiving Manager. This includes, but is not limited to, all computer and related equipment.

16.13 Between 4:00PM and 7:00AM two parking spaces in the Loading Dock will be made available, when possible, for employees in the bargaining unit whose non-regular work hours require them to be present at work outside public transportation hours.

16.14 In accordance with the Company sick day policy, an employee will be required to substantiate, with a medical certificate, each day of sick leave of 3 or more consecutive working days. The certificate will be provided in the following week, notwithstanding that he/she has not returned to work. If the certificate is not provided within the requested time period, the employee will not be paid wages for the sick days taken.

16.15 All employees will be expected to participate annually and, as required, in the Brookfield Properties Performance Planning and Review Process. This includes but is not limited to taking part in training, coaching and counselling, self appraisals and objective setting processes during the year.

ARTICLE 17 - BARGAINING UNIT WORK

17.01 Persons outside the bargaining unit shall only perform work of persons within the bargaining unit when persons within the bargaining unit are not available, have refused the opportunity to work overtime, or in emergencies or training situations.

ARTICLE 18- DURATION OF AGREEMENT

18.01 This agreement shall remain in full force and effect from and including the 1st day of January, 2013 to the 31st day of December, 2015, and from year to year thereafter unless within 90 days before the 1st day of January in any subsequent year either party hereto gives notice in writing to the other party hereto of its desire to bargain amendments of this agreement.

18.02 The employer agrees to meet with the bargaining unit committee of the union within 20 days after receipt of the notice to bargain.

Signed at Toronto, Ontario this A day of D~er, 2013.

j~

. ·.

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Liz Graber

January 1, 2013

LETTER OF INTENT

Employee Parking

All bargaining unit employees are eligible for monthly parking in the First Canadian Place/Exchange Tower parking garage should they so desire. Parking will be provided in accordance with the Brookfield Properties Parking Policy and CRA requirements. Employees wishing to have monthly parking privileges must sign the "Brookfield Parking Acceptance" form.

In accordance with current Canada Revenue Agency rules, employees exercising this privilege will ave the monthly rate for unreserved parking added to their wages as a taxable benefit, and wil b liable for the tax thereon.

SCHEDULE "A"- SENIORITY LIST as of January 1, 2013

First Canadian Place - Receivers

Bv Seniority Date

Name Classification Date (mm/dd/yy)

Gordon Marshall Receiver 06/19/1976

Frederick Alexander Receiver 1111711977

Andrew Gentles Receiver 09/09/1988

Ryan Maharaj Receiver 06/20/1989

Joao Leandro* Receiver 07/12/1994

Babak Nassiri-Ziba Receiver 06/19/1997

Abubakar Dadabhai Receiver 04/05/1999

Dhanpaul Brijmohan* Receiver 02/19/2001

Mike Clarke Receiver 07114/2003

*Union Steward