collective agreement - ontario · operations and retail employees of goodwill the amity group...

COLLECTIVE AGREEMENT

BETWEEN:

GOODWILL, THE AMITY GROUP (hereinafter referred to as "Goodwill")

-and-

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175

(hereinafter referred to as the "Union")

TERM: JULY 19, 2012 TO JULY 18, 2014

INDEX

ARTICLE PAGE NUMBER

1 lmEm ............................................................................................................................. 3 2 RECOGNITION ................................................................................................................. 3

3 UNION SECURITY ........................................................................................................... 4

4 MANAGEMENT RIGHTS .................................................................................................. 5

5 UNION STEWARDS AND COMMITTEES ........................................................................ 6

6 EMPLOYER AND UNION CO-OPERATION ..................................................................... 8

7 NO STRIKES- NO LOCKOUTS ....................................................................................... 8

8 GRIEVANCE PROCEDURE ............................................................................................. 8

9 ARBITRATION ................................................................................................................ 10

10 DISCIPLINE & DISCHARGE ........................................................................................... 11

11 SENIORITY ..................................................................................................................... 11 12 LAY-OFF AND RECALL .................................................................................................. 15 13 VACATIONS ................................................................................................................... 18

14 PAID HOLIDAYS ............................................................................................................. 19

15 HOURS OF WORK AND OVERTIME ............................................................................. 21

16 LEAVE OF ABSENCE ..................................................................................................... 23

17 SAFETY .......................................................................................................................... 24

18 WAGES ........................................................................................................................... 25

19 TRANSFERS .................................................................................................................. 25

20 RETIREMENT ................................................................................................................. 26

21 HEALTH AND WELFARE ............................................................................................... 26

22 GENERAL ....................................................................................................................... 26

23 TERM OF AGREEMENT ................................................................................................ 27

SCHEDULE "A" - Compensation Schedule ..................................................................... 28

SCHEDULE "B"- 1 - Pension Plan, Vision Care Plan and Dental Care Plan .................. 29

SCHEDULE "B"- 2- Sick Benefit Plan ........................................................................... 31

LETTER OF UNDERSTANDING -1- Employee Training ............................................. 33 LETTER OF UNDERSTANDING- 2- Hours of Work- Standard Work Week ................ 35

LETTER OF UNDERSTANDING- 3- Use of Volunteers & Organizational Changes ..... 36

LETTER OF UNDERSTANDING- 4- Lay-offs .............................................................. 37

LETTER OF UNDERSTANDING- 5- Relocation of Operations .................................... 38

LETTER OF UNDERSTANDING- 6- Pay Equity .......................................................... 39

LETTER OF UNDERSTANDING- 7- Arbitration ........................................................... 40

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ARTICLE 1 - INTENT

1.01 It is the desire of both parties to this agreement to work together towards meeting the mission of Goodwill the Amity Group to:

help people overcome employment barriers and obtain work, thereby enhancing their dignity and independence within the community.

The intent and purpose of this agreement is to enhance and support the vocational rehabilitation programs and services provided for people with disabilities by Goodwill the Amity Group. By using the guiding principles of the Goodwill mission and vision statements, and working in a spirit of respect and understanding with the Union, it is expected that both parties and the community will enjoy and receive maximum benefit.

1.02 Given the exceptional nature of Goodwill the Amity Group as outlined above, Goodwill and the Union agree to respect and recognize the uniqueness of Goodwill's client employees. Goodwill will, of course, always endeavour to treat all of its employees with the utmost respect and dignity and in turn the employees will conduct themselves in the same fashion with Goodwill and its representatives.

ARTICLE 2- RECOGNITION

2.01 Goodwill recognizes the Union as the sole and exclusive bargaining agent for all Operations and Retail employees of Goodwill the Amity Group working at or out of the Cities of Hamilton and Brantford, and all retail stores not covered by a collective agreement opened after December 15, 1999, save and except supervisors, persons above the rank of supervisors, assistant managers and those above the rank of assistant managers, office and clerical staff, vocational rehabilitation professionals and coop students.

For the purpose of clarity:

(a) Extended training clients are excluded from the bargaining unit. (b) By virtue of amalgamation the City of Hamilton, effective January 2001,

encompasses the City of Stoney Creek and the town of Waterdown. (c) Relocation of an existing non-unionized store within the same community

does not constitute a new store opened after December 15, 1999 under the terms of this agreement.

2.02 The term "employee" as used in this Agreement shall mean only those employees who are included in the bargaining unit, as described in Article 2.01 above. For the purposes of interpretation, whenever the feminine gender is used in this agreement, it shall be deemed to include the masculine, and the singular

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shall include the plural and vice-versa, wherever the context so requires.

2.03 The term "part-time employee" as used in this Agreement refers to those employees whose normal work week consists of fewer than twenty-four (24) hours.

ARTICLE 3 UNION SECURITY

3.01 The parties hereto mutually agree that any employee of Goodwill covered by this agreement shall become and remain a member of the Union upon completion of the probationary period.

3.02 For the duration of the Agreement, Goodwill agrees to deduct monthly dues from the pay of each employee from date of employment and such initiation fees as may be established by the Union when the employee has completed the probationary period and forward to the United Food and Commercial Workers International Union all sums collected, together with a list of those employees from whom dues have been deducted and any membership application forms, no later than the 30th day of the month following the month in which such deductions were made. The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of email ([email protected]) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on standard spreadsheet in Excel, Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and Goodwill will provide the following current information, as known to the Company:

(a) Social Insurance Number (b) Employee number (if applicable) (c) Full name (Last/First/Initials) (d) Full address (including city and postal code) (e) Date of hire (f) Rate of pay (g) Classification (h) Full time or part time designation (i) Union dues deducted (or the reason a deduction was not made). If

dues are deducted weekly, report requires five (5) columns for reporting.

U) Total dues deducted (k) Back dues owing (I) Vacation pay breakdown of dues owing (m) Initiation fees deducted (n) Total initiation fees deducted

3.03 The Union shall provide Goodwill with thirty (30) days written notice of any

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increase or decrease in the amount of dues to be deducted from the bargaining unit employees.

3.04 The Union shall indemnify and save harmless Goodwill, its agents and/or employees acting on behalf of Goodwill, from any and all claims, demands, actions or causes of action arising out of, or in any way connected with collection and remittance of such dues.

3.05 Goodwill agrees to acquaint new employees hired for areas covered by the bargaining unit with the fact that a Union Agreement is in effect and with conditions of employment set out in Article 3.01.

3.06 It is agreed that the Union and the employees will not engage in Union activities during working hours or hold meetings at any time on the premises of Goodwill without written permission of management except where otherwise provided for in this Agreement.

3.07 Union duties and activities will not be carried on during hours of employment except that the business agent or other full-time executive of the Union may, with the approval of the appropriate supervisor or non-union designate, enter the site for purposes of servicing the department/store in accordance with Local Union Policy or to interview employees for the purpose of hearing grievances. This approval will not be unreasonably denied. It is understood that such visits will be timed to cause as little disruption as possible to the normal conduct of business. It is further understood that representatives of the Union will comply with Goodwill's regulations, rules and restrictions.

ARTICLE 4- MANAGEMENT RIGHTS

4.01 The Union recognizes and acknowledges that the management of the department/stores and direction of the work force are fixed exclusively in Goodwill, and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of Goodwill to:

(a) maintain order, discipline, efficiency and quality;

(b) hire, promote, demote, classify, transfer, suspend and retire employees and to discipline and discharge any employee for just cause subject to the terms of the Agreement;

(c) make, enforce and alter, from time to time, reasonable rules and regulations to be observed by the employees;

(d) determine the nature and kinds of business conducted by Goodwill, the kinds and locations of plants, equipment and materials to be used, the control of materials and parts, the quality and quantity of production, the

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methods and techniques of work, the content of the jobs, the schedules of production, the number of employees to be employed, the scheduling of employees including the scheduling of shifts, the extensions, limitations, curtailment or cessation of operations or any part thereof, and to determine and exercise all other functions and prerogatives which shall remain solely with Goodwill except as specifically limited by the express provisions of this Agreement;

(e) expect employees to have a presentable appearance at all times giving due consideration to the type of job the employee is performing. In this context Goodwill may require employees in public contact positions to wear a full or partial uniform which will identify the individual as a Goodwill employee. Goodwill will bear the full cost of any wearing apparel supplied, plus dry cleaning, repair and replacement solely at the discretion of Goodwill. It is agreed that employees in turn will make every effort to take care of clothing provided, and carry out minor laundering themselves.

(f) give special consideration and vocational support services to referred clients, client workers and other persons with disabilities and/or disadvantages who may be involved in any of Goodwill's programs. The prime purpose will always be to provide the best possible training so that the individual will become as self-reliant as possible, and reach their maximum potential. Success will be measured by achieving the goals outlined in the Individual's Vocational Plan which could include placement in a community employment setting, other desirable job match, or further assessment and skills upgrading.

(g) provide occasional unpaid assessment services for other social service agencies and utilize volunteers as a vital component of Goodwill's diversified programs to assist Goodwill in meeting its mission objectives.

ARTICLE 5- UNION STEWARDS AND COMMITTEES

5.01 The Union will supply Goodwill with the names of its Business Representatives. Similarly, Goodwill will supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business.

5.02 (a) Within thirty days of the ratification of this Collective Agreement, the Union will elect or appoint a total of three (3) Union Stewards, from their members who have completed their three (3) month probationary period, as follows:

Operations Retail (if applicable) Operations or Retail

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one (1) Steward; one (1) Steward; one (1) Alternate Steward (who shall only function in the absence

of a regular Steward and shall not be entitled to any special consideration for lay-offs as outlined in Article 11.05).

It is agreed that unless perm1ss1on is received, not more than one (1) Steward from any of the separate areas listed will be absent at any one period of time to participate in Union activities.

(b) The Union shall notify Goodwill in writing of the name of each steward or alternate steward elected or appointed and, where applicable, any Committee member, before Management shall be required to recognize such persons.

(c) The Union recognizes that the Stewards have regular duties to perform on behalf of Goodwill and may not leave their regular duties without notifying their immediate supervisor. Each Steward shall, with the consent of their supervisor, be permitted to leave their regular duties for a reasonable length of time without loss of pay, to function as a Steward as provided in this Collective Agreement. Such consent from the supervisor shall not be unreasonably withheld.

(d) Goodwill recognizes that from time to time stewards, members of the negotiating committee or occasionally other Union employees may be invited to attend a training course, seminar or similar Union activity away from the workplace. Such requests for unpaid leave will not be unreasonably denied. However, the needs of the organization must be considered, and the amount of unpaid time away from their work area must be at a level which will not cause operational difficulties. Approval of requests which exceed five (5) days annually will only be made by the President or designate of Goodwill after discussion with the Business Agent.

5.03 The Union Negotiating Committee shall consist of a maximum of four (4) bargaining unit employees; not more than two (2) employees from one location; not more than one (1) full-time employee from one location. Employee members of the Negotiating Committee who are required to be in attendance at negotiating sessions, shall suffer no loss of regular earnings for time spent in direct negotiations with Goodwill up to and including conciliation.

5.04 The Employer and the Union agree to establish a Union/Management Relations Committee. The Union Stewards, plus the Union's business agent, shall be entitled to attend on behalf of the Union. An equivalent number of management employees shall be entitled to attend on behalf of the Employer. This Committee will meet a maximum of two (2) times per year. Meetings will be for the purpose of discussing workplace concerns and workplace changes that may have an

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impact upon employees. The intent is to resolve these matters towards the best interests of both parties. These meetings will in no way infringe on the rights established in the Collective Agreement for either party. These meetings will be a maximum of two (2) hours in length. Agenda items must be identified in writing by either party for the opposite party at least one (1) week in advance. In the event agenda items are not provided within this time limit, the meeting will not proceed but will count as one of the two (2) meetings.

ARTICLE 6- EMPLOYER AND UNION CO-OPERATION

6.01 No Discrimination:

(a) Goodwill and the Union agree to abide by all applicable provincial legislation that may now exist or be enacted from time to time.

(b) Goodwill and the Union agree that there will be no discrimination, interference, intimidation, restriction or coercion exercised or practiced by any of their representatives with respect to any employee because of that employee's membership in the Union or activity or lack of activity on behalf of the Union, or by reason of exercising his rights under this Collective Agreement.

ARTICLE 7 - NO STRIKES - NO LOCKOUTS

7.01 In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that there will be no strike and Goodwill agrees that there will be no lockout during the term of the Agreement. The terms "strike" and "lockout" shall have the meaning ascribed to them in the Labour Relations Act.

ARTICLE 8- GRIEVANCE PROCEDURE

8.01 Any complaint, disagreement or difference of opinion between Goodwill and an employee covered by this Agreement Which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this agreement may be considered as a grievance.

8.02 No grievance shall be considered where the grievance is filed more than seven (7) full working days after an employee became aware or should reasonably have been aware of the circumstances giving rise thereto.

8.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows:

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STEP N0.1

The aggrieved employee shall present a grievance orally or in writing to the appropriate store/department manager or assistant manager, within seven (7) working days of the occurrence. Assistance of a Steward will be available, if desired. If a reply satisfactory to the employee is not given by the supervisor within seven (7) working days of the original presentation of the grievance to him (or any longer period which may be mutually agreed upon), the grievance may be presented in writing to the President or designate as follows at any time within seven (7) working days of the date set for the reply by the supervisor.

STEP NO.2

The President or designate shall arrange a meeting with aggrieved employee and a Business Agent of the Union and/or Union Steward may within ten (10) working days after receipt of the Union Step 2 request letter, to consider the grievance. The President or designate will render a decision in writing within ten (10) working days.

• 8.04 If final settlement of the grievance is not reached at Step No. 2 of the grievance

procedure and both parties have not agreed to Mediation, the grievance may be referred in writing to an Arbitrator or a Board of Arbitration as provided in Article 9 below at any time within thirty (30) calendar days thereafter, and if no such written request for arbitration is received within the time limit, then it shall be deemed to have been abandoned.

8.05 A complaint or grievance arising directly between Goodwill and the Union concerning the interpretation, application or alleged violation of the Collective Agreement shall be originated at Step 2 within seven (7) working days following the circumstances giving rise to the complaint or grievance.

It is further agreed that a grievance by Goodwill shall be filed with the Business Representative of the Union or designate.

8.06 In view of the parties' history of amicable Labour Relations, the parties agree to the following:

That neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without first giving the other party written prior notice of its intent to do so.

Should either party serve such notice on the other party the parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered.

The parties further agree that any Board of Arbitration or single arbitrator shall

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have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.

8.07 MEDIATION

In the event both parties agree to Mediation, the grievance time limits shall be waived. A Mediator shall be chosen by mutual agreement of the parties. Failing settlement of the grievance it may be referred to Arbitration in accordance with Article 8.04.

8.08 The term "working day" refers to Goodwill's normal business days excluding Saturdays, Sundays and paid holidays recognized in this Agreement.

ARTICLE 9- ARBITRATION

9.01 Both parties to this agreement agree that any dispute or grievance which has been properly carried through all the steps of the grievance procedure outlined in Article 8 above and which has not been settled, will be referred to an Arbitrator, at the written request of either of the parties hereto, provided however that a Board of Arbitration may be substituted for the Arbitrator on consent of both parties to this Agreement.

9.02 An Arbitrator will be chosen by the mutual agreement of the parties provided that if the parties fail to agree within seven (7) working days of the notification mentioned in 9.01 above, the Minister of Labour of the Province of Ontario may be asked at any time thereafter to nominate a person to act as Arbitrator.

9.03 A Board of Arbitration will be composed of one person appointed by Goodwill, one person appointed by the Union and a third person to act as Chairperson chosen by the other two members of the Board.

9.04 Within seven (7) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee.

9.05 Should the person chosen by Goodwill to act on the Board and the person chosen by the Union fail to agree on a third person within seven (7) working days of the notification mentioned in 9.04 above, the Minister of Labour of the Province of Ontario may be asked at any time thereafter to nominate a person to act as Chairperson.

9.06 The decision of the Arbitrator or a Board of Arbitration or a majority thereof, constituted in the above manner, shall be binding on both parties.

9.07 The Arbitrator or Board of Arbitration shall not have the power to alter or change any of the provisions of this agreement nor to substitute any new provisions for

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any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.

9.08 Each of the parties to this Agreement will bear the expenses of the Arbitrator appointed by it and the parties will jointly bear the expenses, if any, of the Arbitrator or Chairperson of the Board of Arbitration.

ARTICLE 10- DISCIPLINE & DISCHARGE

10.01 A claim by an employee who has completed the probationary period that he has been discharged or suspended without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the President or designate, at Step No. 2 of the grievance procedure within five (5) working days after the employee ceases working for Goodwill. Such special grievances may be settled by:

(a) confirming management's action in dismissing the employee; or

(b) reinstating the employee with full compensation for time lost; or

(c) any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitrator or a Board of Arbitration.

10.02 (a) Goodwill agrees that whenever a meeting is held with an employee where the subject matter is intended to become part of such employee's record regarding his work or conduct, a steward may be present as a witness if requested by the employee.

(b) In the event an employee requests a steward and one is not available, the meeting will then be postponed until a steward is available.

(c) Any discipline on an employee's file shall be removed from the employee's personnel file after a period of twenty-four (24) consecutive months of employment during which the employee has not received any further discipline.

ARTICLE 11- SENIORITY

11.01 (a) Seniority as referred to in this agreement will be based on the following two levels of continuous employment:

(1) During the first year or until the employee has worked at least 1950 full-time hours or 975 part-time hours of continuous employment, seniority will be on a department/store basis only, such department/stores being:

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1. Operations (includes Transportation, Dock, Baling, Maintenance, Janitorial and Donation Centres)

2. King William Street Store 3. Ottawa Street Store 4. Upper James Street Store 5. Stoney Creek Store 6. Main Street West Store 7. Waterdown Store 8. Brantford Store

Note: Any new department/store location will be a separate department/store unless otherwise agreed by the parties.

(2) After an employee has completed the one year or completed the paid hours of employment specified in (1) above, seniority will then be on a full bargaining unit-wide basis.

(b) For members hired prior to the date of certification, their entire service with Goodwill will count as their official seniority date within their department/store location in both full-time and part-time categories.

(c) For members with the same seniority date, it is agreed that their surname at time of hiring, by alphabet, will be used to determine the most senior, with the member whose surname is closest to the beginning of the alphabet being considered the most senior.

11.02 An employee will be considered on probation until completion of three (3) calendar months' service with Goodwill and will have no seniority rights during that period. After completion of three (3) calendar months' service with Goodwill, the seniority shall date back to the date on which employment began. The discipline, dismissal, lay-off or failure to recall of a probationary employee shall not be the subject of a grievance and shall remain within the discretion of Goodwill.

11.03 Seniority lists will be revised and posted at least every six (6) months; a copy of the list will be posted in each department/store. Copies will be given to the Union upon request and it is understood that there will be no abuse of this request provision.

11.04 (a)

(b)

Seniority is the principle of granting preference to employees in matters of demotion due to staff reduction, lay-off, and recall after lay-off in accordance with length of continuous employment provided the senior employee has the necessary ability and skill where relevant to perform the normal requirements of the job in a competent manner.

Lay-offs which are anticipated by the Company to be five (5) days or less

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.,.

shall not be governed by seniority.

(c) In matters of promotion the Company will consider the:

(i) Seniority and; (ii) Ability, skill and qualifications of the candidates.

Where in the opinion of the Company, the factors in (ii) are relatively equal based on the required needs, (i) will govern.

(d) Employees will be entitled to a brief familiarization period (up to four (4) weeks) for the purpose of exercising seniority rights. Following this period, employees who fail to demonstrate to the Company's satisfaction that they have the necessary ability and skill where relevant to perform the normal requirements of the job in a competent manner shall have the right to bump the most junior employee within the bargaining unit for which he has the necessary ability and skill (where relevant) to perform the normal requirements of the job in a competent manner, or elect to take lay-off due to lack of work.

11.05 Union Stewards (excluding Alternate Stewards) shall have a right of highest seniority at their work location in the event of lay-off, subject only to the skill and ability requirements contained in the Collective Agreement.

11.06 Seniority shall terminate and an employee shall cease to be employed by Goodwill when any of the following occurs:

(a) the employee voluntarily quits employment with the Company;

(b) the employee is off work for twelve (12) consecutive months, or the length of the employee's seniority, whichever is shorter. It is understood that this clause may not apply if there is any conflict with Workers' Compensation regulations, the Human Rights Code, or other legislation which may be in force during this agreement.

(c) the employee is discharged for just cause and is not reinstated through the grievance procedure or arbitration;

(d) the employee fails to report to work within five (5) working days after being sent notification of recall by registered mail by Goodwill at the last known address; the onus is on the employee to keep Goodwill apprised of any change of address;

(e) the employee fails to return to work upon the termination of an authorized leave of absence unless a bona fide reason is given;

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(f) the employee accepts gainful employment while on a leave of absence without first obtaining the consent of Goodwill in writing;

(g) the employee is absent from work for two (2) consecutive days without notice to Goodwill and a bona fide reason thereof. Goodwill may request satisfactory proof of such reason.

11.07 When an employee returns to work after an illness or injury lasting more than four (4) consecutive days Goodwill may require proof from a qualified physician that the employee has fully recovered, and is able to perform his regular job duties. Employees will endeavour to obtain a certificate from their regular doctor without charge, but if this is not possible Goodwill will jointly bear the cost of such certificate. It is agreed that in special cases Goodwill may request that the employee be examined by an independent physician jointly chosen by the parties. The cost of any such certificate will be borne by Goodwill.

11.08 In the event that an employee covered by this Agreement should, with the employee's consent, be promoted to a supervisory position or transferred or promoted to another position beyond the scope of this Agreement, the seniority previously accumulated while serving in the bargaining unit shall be retained and shall have added thereto the seniority accumulated while serving in such supervisory or other position for a period of three (3) months. In the event that such employee is not returned to the bargaining unit within the said three (3) month period, all seniority formerly acquired in the bargaining unit shall be lost.

11.09 Without limiting Goodwill's right and discretion to hire and promote, Goodwill acknowledges that it will endeavour wherever possible, to fill vacancies by appointing employees within the bargaining unit at the time such vacancy occurs and in doing so will attempt insofar as is possible, to apply the provisions of paragraph 11 .04.

11.10 Goodwill and the Union acknowledge their mutual intention that vacancies should be filled from within the bargaining unit wherever possible; therefore, all permanent vacancies in new classifications and in existing classifications within the bargaining unit shall be posted on the bulletin board for a period of five (5) working days and any employee within the bargaining unit may make application for such vacancy. Unless a job posting is cancelled for a bona fide reason, Goodwill will endeavour to fill most posted vacancies within 3 weeks from date of posting.

In the filling of vacancies, Goodwill shall be subject to the limitations set forth in Article 11.09 relating to cases of promotion. Nothing herein shall prevent Goodwill from hiring persons outside the bargaining unit when no qualified employee applies. Any vacancy can be filled at the discretion of Goodwill on a temporary basis, not to exceed sixty (60) working days. The successful applicant shall be allowed a trial period of up to thirty (30) days, during which time Goodwill

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will determine if the employee can satisfactorily perform the job. Within this period the employee may voluntarily return or be returned by Goodwill if the employee fails to demonstrate to Goodwill's satisfaction that the employee has the necessary ability and skill where relevant to perform the normal requirements of the job in a competent manner, to the position formerly occupied without loss of seniority. The vacancy resulting from the posting may be filled on a temporary basis until the trial period is completed.

If an employee is chosen from a location that is non union then the employee will be a new hire at that location.

11.11 Notice of layoff from Goodwill shall be deemed to be given if forwarded by registered mail to the employee at the last address of which Goodwill had notice.

ARTICLE 12- LAY-OFF AND RECALL

12.01 In the event of a permanent lay-off in a given department/store or across the bargaining unit depending on the attained seniority of the employee as detailed in article 11.01 the procedure below will be followed:

(1) probationary employees.

(2) members of the bargaining unit will be laid-off in the reverse order of their department/store or bargaining unit seniority in accordance with Article 11.04.

It is understood that the remaining employees must have the ability to perform the normal requirements of the remaining jobs. Recall shall be in the reverse order of seniority provided the employee has the necessary ability and skill where relevant to perform the normal requirements of the job in a competent manner.

12.02 Where a lay-off exceeds 13 weeks, employees must be given notice or pay in lieu of such notice in accordance with the Employment Standards Act for the Province of Ontario.

12.03 No new employees shall be hired within a given department/store in the bargaining unit until those laid off have been given the opportunity of recall based on the employee having the necessary ability and skill where relevant to perform the normal requirements of the job in a competent manner except for the temporary provisions documented in 11.10 and in accordance with their department/store seniority. Laid off employees who wish to be notified of job vacancies within the bargaining unit other than those to which they have recall rights, may signify their desire in writing prior to such lay-off and shall be entitled to apply for such jobs. A copy of the employee's request shall be given to the employee and sent to the Union.

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12.04 In the event an employee is laid off for more than five (5) days, such lay-off will be handled in accordance with Article 11.04 and in the following manner:

• the employee may elect to bump any junior person in their department/store, or in the overall bargaining unit, or elect to take lay-off due to lack of work;

• the individual employee directly affected shall have the same options, or elect to take lay-off due to lack of work;

• the individual employee directly affected by the second bump shall have the right to bump the most junior employee within the municipality (Hamilton or Brantford) or the overall bargaining unit in any position for which he has the necessary ability and skill (where relevant) to perform the normal requirements of the job in a competent manner, or elect to take lay-off due to lack of work;

• should the junior employee in the municipality be bumped, he shall have the right to bump the most junior employee in the overall bargaining unit in any position for which he has the necessary ability and skill (where relevant) to perform the normal requirements of the job in a competent manner;

• this junior employee shall be laid off due to lack of work; • any employee electing to take lay-off, or any employee bumping the most

junior employee in the bargaining unit shall automatically stop the bumping process;

• the above provisions are subject to the limitation that a part-time employee shall not be entitled to bump a full-time employee.

Any employee being permanently laid off or bumped shall have right and access to the severance provisions of the Collective Agreement on an individual basis.

12.05 In the event a bargaining unit employee is permanently laid off and has exhausted all individual bumping rights under the Collective Agreement and a vacancy exists in one of the non-union retail locations of Goodwill and such vacant position is the same as a position in the bargaining unit, Goodwill agrees to the following:

• such laid off employee(s) shall be offered by seniority any vacancies subject only to Article 11.04;

• any bargaining unit member who accepts a position shall be protected by the "just cause" provisions of the Collective Agreement in the event of suspension or discharge; further, the employee shall receive the same pay and benefits as he or she would receive for the same position in the bargaining unit;

• if a vacancy becomes available in the bargaining unit it will be offered, by seniority, to employees who have accepted positions in the non-union retail locations subject only to Article 11.04. If an employee( s) accepts a position and returns to the bargaining unit, he shall return with all seniority

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12.06 (a)

and bargaining unit rights previously held. If an employee declines such position and chooses to remain in the non-union retail location he shall forfeit any rights outlined above and shall be deemed a non-union employee at this non-union retail location.

Any employee hired prior to January 13, 2009 and having three (3) or more years seniority that is permanently laid off shall receive the following:

(i) For Full Time Employees:

• payout of $800.00 per year or prorated part year of service (these payments will be paid out on the regular payroll schedule using the current pay rate until total payout values are met);

• subject to the approval of the benefits carrier and the terms of any applicable plan, continuation of benefits for up to one (1) year (except continued vacation accumulation or sick benefits) or until such time as the employee receives comparable benefits from a new employer; in the event the benefits carrier does not approve such continuation of benefits, the Employer will pay to the employee an amount equivalent to the premiums that would have been charged to the Employer had the insurer approved such continuation of benefits for the period in question;

• free access to the Employers' Workforce Development retraining and job placement services to prepare for new employment.

(ii) For Part Time Employees Laid Off as a Result of Bumping:

• $400.00 per year or prorated part year of service; • free access to the employers' Workforce Development

retraining and job placement services to prepare for new employment.

(iii) The payouts referred to in sub-paragraphs (i) and (ii) above are inclusive of all notice, termination pay and/or severance pay entitlements the employee may have under Article 12.02 and/or the Employment Standards Act.

(b) Where an employee who was hired on or after January 13, 2009 is permanently laid off, such employee's entitlement, if any, to termination pay and severance pay shall be determined in accordance with the provisions of the Employment Standards Act.

(c) Any employee outlined above may elect to receive such severance at the

17

time of permanent lay-off and be severed from employment or may elect to defer such severance and maintain recall rights in accordance with Article 11.06. Further, at any time during the recall period an employee may elect to receive such severance as outlined above and forfeit his recall rights and be severed from employment. In any event, an employee who has expired his recall rights shall receive severance as outlined.

ARTICLE 13- VACATIONS

13.01 The following vacation entitlement applies to full-time employees who have completed their probationary period.

(a) All employees who have been continuously employed by Goodwill for one full year but have less than four (4) full years service prior to May 31st in any year, shall receive two (2) weeks vacation pay, such pay to be calculated at four (4%) percent of such employee's wages with Goodwill during the twelve months immediately preceding May 31st in that year.

(b) All employees who have been continuously employed by Goodwill for four (4) full years or more prior to May 31st in any year, but less than eight (8) full years, shall receive three (3) weeks vacation pay, such pay to be calculated at six (6%) percent of such employee's wages with Goodwill during the twelve months immediately preceding May 31st in that year.

(c) All employees who have been continuously employed by Goodwill for eight (8) full years or more prior to May 31st in any year shall receive four (4) weeks vacation pay, such pay to be calculated at eight (8%) percent of such employee's wages with Goodwill during the twelve months immediately preceding May 31st in that year.

(d) All employees who have been continuously employed by Goodwill for twenty (20) full years or more prior to May 31st in any year shall receive five (5) weeks vacation with pay, such pay to be calculated at ten (10%) of such employee's wages with Goodwill during the 12 months immediately preceding May 31st in that year.

(e) Choice of vacation period shall be based upon seniority, provided that prior to choosing a vacation period, an employee first receives written consent from the department supervisor/store manager for the period chosen, and providing also, that such choice does not interfere with the normal department/store operating needs. No vacation period in excess of two (2) consecutive weeks need be granted by Goodwill except in circumstances which Goodwill considers to be exceptional.

Goodwill agrees to supply a vacation schedule for each store where employees will be asked between March 1 and April 1 in any year to state

18

(f)

(g)

(h)

13.02 (a)

{b)

(c)

their vacation preferences. Written confirmation of requests will be made by May 1 in any year based upon seniority and the criteria mentioned in the preceding paragraph. Seniority will not apply to vacation requests made after April 1 in any year.

Notwithstanding the above, the parties agree that for vacation preferences submitted between March 1 and April 1, full time employees will be given preference over part time employees in confirming requests for vacation.

An employee shall not be permitted to carry forward his vacation from one vacation year to another.

Employees who wish to receive their vacation pay in advance of their vacation must notify their supervisor in writing two {2) weeks prior to their vacation period and a cheque will be issued on their last working day.

An employee who terminates his employment for whatever reason, shall be paid his appropriate vacation allowance. Employees whose employment terminates prior to completion of one full year's service will receive the percentage of gross wages legislated by the Employment Standards Act of Ontario.

The vacation entitlement for part-time employees will be calculated in accordance with the Employment Standards Act of Ontario.

Part-time employees will receive vacation entitlement each pay day on a mutual agreement basis.

Part-time employees hired after July 19, 2009 shall receive vacation pay as follows: an amount for vacation pay, calculated as a percentage of the employee's pay for a pay period, shall be added to the employee's pay cheque issued each pay period.

13.03 The term "employee's wages" refers to the total wages as defined by the Employment Standards Act of Ontario for the period for which the vacation is given.

ARTICLE 14- PAID HOLIDAYS

14.01 The following paid holidays, regardless of when they fall, will be granted with pay to all full-time employees who have completed their probationary period.

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

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

Payment for such holidays shall be based on the employee's regular hourly rate multiplied by the number of hours he would normally have worked on such a day. When any of the said holidays falls on other than a regular working day, Goodwill may at its option designate some other day within two (2) weeks of the said holiday, unless otherwise mutually agreed, as the day upon which the said holiday will be taken. If the holiday falls on a non-working day, the employee shall be given another normal working day off with pay, or receive one days additional pay at their regular hourly rate.

Employees who work on a public holiday are entitled to time and one-half their regular rate for hours actually worked in addition to receiving their normal pay for that day. It is agreed that if an employee is requested to work more than four (4) full days during a week in which a public holiday occurs, they will be entitled to receive time and one-half their regular rate for those additional hours worked.

14.02 In order to be entitled to payment for a Paid Holiday, an employee must have worked the last scheduled full working day immediately preceding the holiday and the first scheduled full working day immediately following the holiday unless absent on either of those days for a bona fide reason.

14.03 If an employee who agreed to work on one of the above holidays fails to report for work without cause, then he shall not receive holiday pay.

14.04 The foregoing provisions shall not apply to casual or part time employees whose entitlement to holidays with pay shall be in accordance with the Employment Standards Act of Ontario.

An employee does not qualify for a paid holiday if the employee:

(a) does not work his or her scheduled regular day of work preceding or following the holiday;

(b) having agreed to work on a public holiday, does not report for and perform the work without reasonable cause;

An employee's public holiday pay entitlement shall be calculated in accordance with the provisions of the Employment Standards Act.

14.05 Each employee is entitled to receive a floating holiday in December. The employee shall receive pay for the floating holiday at his/her regular rate. Such

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holiday shall be scheduled by the employee's manager.

ARTICLE 15- HOURS OF WORK AND OVERTIME

15.01 The following paragraphs and sections are intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week.

15.02 (a) The standard work week shall consist of thirty seven and a half (37.5) hours per week exclusive of lunch period but inclusive of coffee breaks. This may be changed by Goodwill for operational reasons during slow periods or to prevent a lay-off of employees.

(b) The employer agrees to post the work schedules no later than noon on the Friday of the preceding week. The work schedule will not be changed without twenty-four (24) hours notice given to the employee, except in circumstances beyond the control of the Employer.

(c) Employees who report for work and no work is available shall be paid three (3) hours in lieu of three (3) hours work.

(d) Goodwill will endeavour to schedule full time employees in retail and donation centres off on two (2) Saturdays per month and to work no more than two (2) evenings per week. The Union agrees that this may not always be practicable due to scheduling difficulties and operational requirements.

15.03 (a) Overtime at the rate of time and one-half shall be paid for all hours of work performed over (1 0) hours in one day or forty (40) hours in one week.

(b) In instances where employees request schedule changes for their own personal convenience and such changes result in an employee working more than forty (40) hours in a given week or ten (10) hours in a day, Goodwill will not be required to pay overtime. Employees making such requests will be asked to sign a waiver relinquishing their rights to overtime pay.

15.04 (a) Part-time employees who work twenty-four (24) hours or more for fifteen (15) consecutive weeks will be reclassified and deemed to be "full time" employees for the purpose of this agreement.

(b) Part time employees shall be scheduled by department/store by seniority provided the employee is available and has the necessary ability and skill (where relevant) and provided the employer can maintain a sufficient number of employees to cover normal periods of absence. In all cases the employer shall be entitled to maintain a minimum of two (2) part time

21

positions in each store.

(c) Part time employees shall be scheduled the following number of hours per week provided such hours are available and provided the employee is available and has the necessary ability and skill (where relevant):

• less than one (1) year seniority- five (5) hours per week minimum • more than one (1) year seniority, but less than five (5) years -

fifteen (15) hours per week minimum • more than five (5) years seniority - up to twenty-three (23) hours

per week

(d) Part time employees shall not be regularly scheduled in such a manner which would cause the lay-off of, replace, or prevent the hiring of, a full time employee.

15.05 There shall be a fifteen (15) minute paid coffee break in the first half and the second half of each shift. Part time employees are entitled to a fifteen (15) minute paid coffee break if they work more than four (4) consecutive hours and a second fifteen (15) minute paid coffee break if they work seven (7) or more hours on a given day.

15.06 Employees who work more than five (5) consecutive hours will receive a thirty (30) minute unpaid meal break to be scheduled in accordance with operational needs unless an employee objects in writing to the arrangements in which case there will be a two (2) week period allowed for rescheduling meal breaks between the fourth (4th) and sixth (6th) hours.

15.07 There will be no pyramiding of overtime premiums; that is, the overtime rates will not be paid twice for the same hours worked nor will overtime premiums be pyramided with other premium payments provided for in this Agreement.

15.08 An employee who is unable to report to work as scheduled for any reason must advise his supervisor at the earliest possible time either before or within one hour of the commencement of the employee's shift. It is agreed that an employee will not be penalized if they provide a valid reason for not meeting the deadline in special cases.

It is agreed that the Union will co-operate in the implementation of any plan to improve early absence reporting by employees.

15.09 Employees may request time off in lieu of monies owed for overtime worked. The recording of the lieu time hours will be in accordance with Article 15.03(a). An employee wishing to use lieu time must give his Manager or Supervisor at least a weeks' notice of intention and receive written approval from their Supervisor. A special form will be made available for this purpose. Goodwill will

22

favourably respond to requests for time off, in exchange for monies owed for overtime worked, when deemed operationally feasible. Overtime credits accumulated must be taken within a three month time frame from the date the credit is established or they will be paid.

15.10 (a) Regardless of when an employee arrives for work or leaves, the employee is the only person allowed to punch the time card whether it be at the beginning or the end of a shift.

(b) In addition to any discipline that may be imposed for lateness, an employee who arrives at work later than his/her scheduled starting time shall have his/her pay adjusted as follows:

(i) Up to and including 8 minutes late - deduction of 15 minutes of regular hourly rate of pay;

(ii) Over 8 minutes late and up to and including 16 minutes late -deduction of 30 minutes of regular hourly rate of pay;

(iii) more than 16 minutes late - deduction of 30 minutes of regular hourly rate of pay or the actual number of minutes late, whichever is greater;

(iv) It is understood that employees who have been docked time under (i), (ii), and (iii) above will not start work until the deduction of 15 minutes under (i) or the 30 minutes under (ii) or (iii) has expired.

(c) An employee who fails to punch their time card at the start or finish of any day will be liable for progressive disciplinary action which will include a verbal warning, discussion report, and a final warning and suspension for continued violations.

(d) Punching a time card for another person is not permitted and can result in a disciplinary action up to and including suspension for first time offenders and dismissal for continued offenses.

ARTICLE 16 LEAVE OF ABSENCE

16.01 Bereavement Leave:

(a) Goodwill agrees to allow employees leave of absence without loss of regular pay for time necessarily lost from work for a maximum of three (3) working days following the death of a member of the employee's immediate family for the purpose of arranging and/or attending the funeral. "Immediate family" is defined as husband or wife, mother or father, son or daughter, brother or sister, mother or father-in-law, grandparents or

23

grandchildren.

(b) Goodwill agrees to allow employees leave of absence for the purpose of arranging and/or attending the funeral without loss of regular pay for time necessarily lost from work for a maximum of one (1) working day immediately following the death of an employee's aunt or uncle, brotherin-law or sister-in-law.

(c) Requests for unpaid bereavement leave will not be unreasonably denied.

16.02 Maternity/Parental/Adoption Leave

(a) Maternity/Parental/Adoption leave shall be granted in accordance with the Employment Standards Act or other provincial legislation.

(b) When an employee decides to return to work after such Maternity/Parental/Adoption leave, the employee shall provide Goodwill with at least two (2) weeks notice in writing of intention to return prior to the cessation of leave allowed by provincial legislation. Failure to do so will result in Goodwill's deeming the employee to have voluntarily resigned. Upon return from such leave, the employee shall be placed at the same or equivalent job.

16.03 Jury Duty/Witness Leave

A full-time employee in the bargaining unit who is summoned for a Jury Sitting or subpoenaed as a Witness will be paid the difference between the Court remuneration and his regular daily rate of pay fdr the days he is required to be in attendance that he otherwise was scheduled to work, provided that he presents reasonable satisfactory evidence to Goodwill that he was summoned to attend, and did, in fact attend. An employee is entitled to retain any funds paid by the Court for out of pocket travelling expenses.

Any employee in the bargaining unit who is summoned to court as a witness on a matter arising directly from the affairs of Goodwill or who is requested by Goodwill to be present at Court proceedings in which Goodwill is interested, shall receive his regular daily rate of pay for such days as his attendance is required, together with appropriate reimbursement of transportation expenses.

ARTICLE 17 - SAFETY

17.01 Goodwill and the Union recognize the importance of effective safety policies, procedures and equipment to safeguard the welfare of employees, and as a condition of employment employees may be required to wear safety shoes, boots or other equipment. To this end, Goodwill agrees to reimburse employees who are deemed to require this equipment once yearly on proof of purchase at the

24

rate of one hundred (100%) percent of the cost of one pair of safety shoes or boots up to a maximum of $75.00 annually. Safety glasses and other safety equipment will be furnished by Goodwill, as required. It is agreed that the type of safety shoes or boots will be in accordance with Goodwill policy, and that in no circumstances can cash be paid in lieu of an allowance towards the purchase of safety footwear. Probationary employees will be reimbursed upon successful completion of their three-month probationary period.

17.02 One rainwear outfit will be provided at each work site.

17.03 Goodwill and the Union mutually agree to adhere to all government Health and Safety legislation and regulations.

17.04 Goodwill agrees to continue making reasonable provision for the health and safety of its employees in the workplace. It is agreed that Goodwill, the Union and the employees shall cooperate in regard to maintaining a safe and healthy workplace in accordance with Goodwill's health and safety policies and procedures and all applicable legislation.

ARTICLE 18- WAGES

18.01 Goodwill shall pay wages as set out in Schedule "A" attached hereto and forming part of this agreement. Each employee shall be provided with an itemized statement of his wages, overtime and other supplementary pay and deductions.

Wages shall be paid bi-weekly and deposited into the employee's account by 9:00 a.m. on the Friday following the completion of the two-week work period. Goodwill may not make any deductions from wages unless authorized by statute, court order, arbitration award, this Agreement or the employee.

The work week shall commence on Sunday and shall end at midnight the following Saturday.

ARTICLE 19- TRANSFERS

19.01 Any employee who for the convenience of Goodwill is temporarily transferred for a period of half a shift or more to another job for which the rate of pay is different from that in effect for such employee's regular job shall be paid while so employed as follows:

(i) if the rate of pay for the job to which the person is transferred should be less than the employee's regular pay, they will receive their regular rate of pay;

(ii) if the rate of pay for the job to which the person is transferred should be higher than their regular pay, they will be entitled to receive the rate of pay

25

for the job to which they are temporarily transferred.

19.02 An employee who, for personal convenience or benefit is temporarily transferred to another job instead of being laid off due to Jack of work, breakdown of machinery or other like cause, shall be paid the applicable rate for the job to which they should be transferred while so employed.

19.03 It is agreed that Goodwill will not transfer employees to the Waterdown store.

ARTICLE 20 - RETIREMENT

20.01 The Pension Plan shall be contained in Schedule "B" - 1 attached hereto and forming part of this Agreement.

ARTICLE 21- HEALTH AND WELFARE

21.01 Goodwill agrees to continue to maintain all benefits as documented in the policies and procedures criteria in existence with Goodwill prior to certification of the bargaining unit.

21.02 The vision care, dental and pension plans shall be contained in Schedule "B" - 1 attached hereto and forming part of this Agreement.

Participation in such plans by employees 65 years of age or more shall be subject to:

• the availability of such coverage through the insurance carrier or the pension benefit provider;

• the terms and conditions of such coverage; and • any government regulation that may restrict or prohibit such participation.

21.03 The Sick Plan shall be contained in Schedule "B"- 2 attached hereto and forming part of this Agreement.

ARTICLE 22- GENERAL

22.01 Goodwill agrees to permit the Union to post notices of meetings and other Union business and affairs on a bulletin board provided by Goodwill for such purposes. It is agreed however, that such notices must first be approved by Goodwill but posting of any Union notice will not be unreasonably withheld.

22.02 Adequate rest rooms shall be provided and maintained in an acceptable condition. The employees shall cooperate with Goodwill in keeping the rest rooms in a clean and sanitary state at all times.

22.03 Goodwill agrees to pay $250.00 as a contribution to the UFCW Local 175

26 -{lc. ¥

Education Fund within 30 days of ratification of this Collective Agreement and further, to pay an additional $250.00 effective July 1, 2014.

ARTICLE 23- TERM OF AGREEMENT

23.01 This Agreement shall remain in full force from July 19,2012 to July 18,2014 and from year to year thereafter, unless in any year within ninety (90) days of its termination either party shall furnish the other with notice of termination of or proposed revision of this Agreement.

Dated this /1 day of~J'&,. ,_,tJ'-''-'::..,'(,__ ___ , 2013 at Hamilton, Ontario.

In witness where of each of the parties hereto has caused this agreement to be signed by its duly authorized representatives as of the date and year written above.

GOODWILL THE AMITY GROUP

Paul Chapin

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Class

3A

38

4A

48

58

8

9

Note:

SCHEDULE "A" COMPENSATION SCHEDULE

Job Title & Current July 19, 2012 Hourly Rate

Dockworker $10.45

Custodian

Stock Clerk/Cashier $10.63

Greeter/Grader

Baling Operator $10.71

Maintenance Helper

General Sales Clerk $11.04

Senior Sales Clerk $11.73

Part-time Truck Driver $15.82

Full-time Truck Driver $16.52

Full-Time= 24 to 37.5 hours per week.

July 19, 2013

$10.65

$10.83

$10.91

$11.24

$11.93

$16.02

$16.72

Employees hired prior to November 26, 2007 will receive an additional $1.00 per hour for hours worked on a Sunday.

Note: Incumbent employees in the Pricer/Grader (4A) classification as at the date of ratification will be "grandfathered".

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SCHEDULE"B"-1

Pension Plan

The Employer agrees effective October 1, 2004 to contribute to the Canadian Commercial Workers Pension Plan eighteen cents (18¢) times:

(a) each regular hour worked by employees in the bargaining unit; and

(b) each hour of paid sick leave received by employees in the bargaining unit; and

(c) each hour of paid holiday pay received by employees in the bargaining unit; and

(d) each hour of vacation entitlement (up to a maximum of forty hours for each week of vacation entitlement) received by employees in the bargaining unit.

The Employers contribution to the Plan will be calculated at the end of each four (4) week period and will be forwarded to the Plan within twenty-one (21) days following the end of each such period.

The Union undertakes that the Employer's contribution to the Plan are to be used for the provision of Pension benefits for employees in the bargaining unit.

Effective July 31, 2005 increase to $0.43. Effective July 31, 2006 increase to $0.68. Effective July 19, 2009, the Employer contribution shall be $0.43. Effective July 19, 2013, the Employer contribution shall be eighty-three cents ($0.83).

The Employer agrees to sign a "Participation Agreement" and supply any other documents, forms, reports or information required by the Trustees of the Pension Plan. The Employer shall forward all contributions together with a list of all employees and the number of hours paid and worked for each employee in each reporting period within twenty-one (21) days following the end of each such period.

Vision Care Plan

Goodwill agrees that they will self insure a vision care plan for all full-time employees who have completed their probationary period. The plan will only cover Goodwill employees, and will provide, effective the date of ratification, a maximum of $200 every 24 months towards the purchase of approved vision care. Approved vision care includes prescribed eye glasses or contact lenses. The plan will not cover cosmetic eyewear and sunglasses.

29

Dental Care Plan

Goodwill agrees to contribute to the United Food and Commercial Workers Trusteed Dental Plan, effective date of ratification forty-four cents ($0.44) and effective July 19, 2013, increase contribution to fifty cents ($0.50):

(a) each regular hour worked by employees in the bargaining unit; (b) each hour of paid sick leave received by employees in the bargaining unit; (c) each hour of holiday pay received by employees in the bargaining unit; and (d) each hour of vacation entitlement (up to a maximum of forty (40) hours for each

week of vacation entitlement) received by employees in the bargaining unit.

Goodwill's contribution to the fund will be calculated at the end of each four (4) week period and will be forwarded to the Fund within twenty-one (21) days following the end of each such period.

Goodwill agrees to sign a "Participation Agreement" and supply any other documents, forms, reports or information required by the Trustees of the Dental Plan. Goodwill will forward all contributions together with a list of all full-time and part-time employees and the number of hours paid and worked for each employee in each reporting period within fifteen (15) days following the end of each of the Employer's four (4) or five (5) week accounting period.

Goodwill reserves the right to change carriers and provide a dental plan through a carrier of its choice that is at least equivalent to the current plan, upon providing the Union with three (3) months written notice of its intention to do so.

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SCHEDULE "B"- 2

Sick Benefit Plan

Sick Benefits are provided to full time employees and prorated for part time employees.

Introduction

Goodwill the Amity Group has a Sick Benefit Plan wherein employees who have been employed for over three months may qualify for paid sick leave. The Sick Benefit Plan is intended to protect a person from added financial stress during a short or long term illness.

A short term illness is of short duration ranging from a part day to a maximum of 4 days.

For the purpose of this plan a long term illness is defined as an illness that results in the absence of an employee from work for a period exceeding 4 days. A medical certificate is required.

All persons receiving pay from Goodwill the Amity Group and who have over three months service will be entitled to sick pay on the following basis:

Short Term

Entitlement for short term sick pay accumulates at the rate of a ~ day per month from date of hire. The maximum amount that can be accumulated at any one time is 18 days. Employees are only entitled to the amount of short term sick time already earned, and cannot use unearned sick time.

Long Term Illness

Entitlement for long term sick pay is accumulated on the basis of 1 day per month form date of hire. The maximum amount that can be accumulated is 13 weeks at full regular pay plus 13 weeks at 80% of regular pay.

Approval of Sick Pay

All payments of sick pay will be monitored and approved by the Human Resources Manager.

Sick Bank

An employee may request their immediate supervisor to provide a written statement of banked sick leave. Such requests will occur no more than two (2) times per year.

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Regulations

It is important that the supervisor be advised that the employee is not able to report for work. Employees are to call in as early as possible. If an employee fails to call within one hour of the commencement of their assigned shift they may forfeit that day's pay. If the illness is likely to keep the employee from work for longer than 4 days, the employee shall advise management as soon as they are aware of this.

If the employee is absent for longer than 4 days due to illness they must bring in a doctor's note when returning to work and prior to resuming any duties. Failure to do so may result in a loss of pay. Persons with a pattern of short absences will be counselled and may be required to bring in a doctor's note in order to receive any sick pay.

The parties agree that the regulations will not be applied in an unreasonable or arbitrary manner.

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LETTER OF UNDERSTANDING -1

Sam Caetano Union Representative United Food & Commercial Workers 412 Rennie Street Hamilton, Ontario L8H 3P5

Dear Mr. Caetano:

RE: EMPLOYEE TRAINING

Goodwill agrees that in addition to making contributions to the UFCW Local 175 Education Fund in accordance with Article 22.03, it will take other steps to facilitate training opportunities for employees having three years service or more. Any such training will take place at a time when the employee is not scheduled to work and will be on the employee's own time, without pay or benefits. Such training opportunities will be provided in accordance with the following:

(a) Tow Motor Training

Goodwill agrees to reimburse up two employees per calendar year for 100% of the cost of tuition for a basic tow motor training course, upon the following conditions:

(i) the employee must submit a written application to Goodwill's Human Resources department for such funding; the application must be filed during the month of January for the calendar year in question; the employee must await written confirmation from Human Resources that the employee has been approved for such funding;

(ii) to qualify for payment. the approved employee must submit to Human Resources a certificate from the provider of the tow motor training that he or she has successfully completed the training course;

(iii) applications will be approved on a first come, first served basis; in the event that more than 2 employees submit applications on the same date and funding remains available for that year, then such applications shall be dealt with on the basis of seniority;

(iv) if an employee's application is not approved due to the funding for the year having been exhausted, the employee is required to re-submit an application in January of another calendar year if he or she wishes to be considered again;

(v) an employee who is approved for training but fails to successfully complete such training shall not be entitled to re-apply for funding at a later date.

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(b) Goodwill agrees to provide "in-house" cash register training to up to 3 non-retail employees per year. The amount of such training shall not exceed 3 hours for each employee and shall be at a time and location specified by Goodwill. Such training will be provided upon the following conditions:

(i) the employee must first apply to Goodwill's Human Resources department, in writing, for such training; the application must be filed during the month of January for the calendar year in question; the employee must await written confirmation from Human Resources that he or she has been approved for such training;

(ii) applications will be approved on a first come, first served basis; in the event that more than 3 employees submit applications on the same date and training opportunities for that year remain available, then such applications shall be dealt with on the basis of seniority;

(iii) if an employee's application is not approved due to the training opportunities for the year having been exhausted, the employee is required to re-submit an application in January of another calendar year if he or she wishes to be considered again;

(iv) an employee is not entitled to receive cash register training more than once under this Letter of Understanding;

(v) it is agreed that an employee who receives cash register training in accordance with this Letter of Understanding shall neither be deemed to have either "passed or failed" nor to have the necessary ability, skill and qualifications for a position involving the use of a cash register; accordingly, such employees shall still be subject to the provisions of Article 11 in regard to lay-offs and the posting of vacancies.

(c) Any employee who receives cashier training in accordance with this Letter or who successfully completes Tow Motor training in accordance with this Letter shall not be entitled to refuse a transfer or to elect not to bump into a position if such transfer opportunity or bumping opportunity is offered to the employee by Goodwill. Accordingly, any provisions in the Collective Agreement providing an employee with the right to refuse a transfer or a right to elect a lay-off rather than to bump shall not apply to such employee.

y~ Paul Chapin, President

34

LETTER OF UNDERSTANDING- 2


Dear Mr. Caetano:

RE: HOURS OF WORK- STANDARD WORK WEEK

Goodwill agrees that during the term of this Collective Agreement employees previously covered under the former Operations contract who were individually working forty (40) hours per week on a normal weekly basis will maintain this as their standard work week, subject to the provisions of Article 15.

y~ Paul Chapin, President

35



Dear Mr. Caetano:

RE: USE OF VOLUNTEERS & ORGANIZATIONAL CHANGES

As a social service non-profit organization committed to providing vocational rehabilitative services and programs to people with disabilities and special needs, Goodwill does not feel able to make a commitment to any course of action which could potentially conflict with our mission statement.

Goodwill agrees that the use of volunteers will not result in the loss of employment or lay-off of bargaining unit members.

Without restricting its right to provide rehabilitative and volunteer work experience services and programs as part of its mission, Goodwill agrees to continue its traditional practice in the utilization of volunteers which has not resulted in the loss of employment or lay-off of bargaining unit members.

While not being prepared to give any absolute assurance on job security, we are willing to discuss any major changes which may be required in the workforce from time to time. We are pleased to state without reservation our intent, wherever possible, to try and place employees affected by organizational change in other suitable areas of our operation. A process of consultation with the union will allow the best decisions possible on retaining jobs within Goodwill.

Paul Chapin, President

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Dear Mr. Caetano:

RE: LAY-OFFS

The process of mutual consultation will be applied if there should need to be lay-offs within the bargaining unit. It is our hope that these discussions will result in a plan, which will meet the objectives of both parties.

It is also agreed that should Goodwill find it necessary to discontinue any part of its operations or introduce long term lay-offs, it will meet with the Union Representative to discuss options for the future employment of the affected employees. Such options will include the use of Goodwill's Workforce Development Services to prepare the individuals for opportunities outside of Goodwill's workforce.

The parties agree that it is important to deal with these matters promptly. Accordingly, it is agreed that the parties will meet and conclude their discussions within two (2) weeks of the Employer contacting the Union.

y:ID Paul Chapin, President

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Dear Mr. Caetano:

RE: RELOCATION OF OPERATIONS

Goodwill agrees to the following:

a) this letter applies only to the dock, baling, maintenance or custodial positions covered by the Collective Agreement;

b) in the event that during the term of the Collective Agreement that runs from July 19, 2012 to July 18, 2014, the Employer relocates any of the above positions to a location that does not fall within the geographic scope of Article 2.01, the following will apply:

ym· Paul Chapin, President

1. the incumbent employee in the position being relocated shall be entitled to move to the relocated position; the incumbent employee in such relocated position shall continue to be covered by the Collective Agreement for as long as the employee holds the relocated position, subject to paragraph 2 below;

2. if a vacancy becomes available in the bargaining unit, it will be offered, by seniority, to employee(s) who have been relocated under paragraph 1, subject to Article 11.04; if the employee declines such position and chooses to remain in the relocated position, the relocated position will cease to be covered by the Collective Agreement and the employee shall thereby forfeit all rights under the Collective Agreement and shall be deemed to be a non-union employee;

3. if the relocation of a position does not result in the incumbent in the position moving to the new location, then the relocated position will not be covered by the Collective Agreement.

4. if the incumbent employee vacates the relocated position, the Collective Agreement shall thereupon cease to apply to the relocated position.

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Between:


Goodwill, The Amity Group ("Goodwill")

-and-

United Food and Commercial Workers Canada, Local175 (the "Union")

RE: PAY EQUITY

Goodwill and the Union agree that during the course of negotiations for the renewal of the Collective Agreement that expired on July 18, 2012, they reviewed Goodwill's Pay Equity Plan for the bargaining unit. Goodwill and the Union are agreed that the Plan is up to date and that Goodwill continues to maintain pay equity in the bargaining unit.

Signed this 11 day of • {()Ly , 2013.

FORTH~Y FOR THE UNION

I

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BETWEEN:

LETTER OF UNDERSTANDING -7

GOODWILL, THE AMITY GROUP (hereinafter referred to as "the Company'')

-and-

UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 (hereinafter referred to as "the Union")

RE: ARBITRATION

Notwithstanding Section 49 of the Ontario Labour Relations Act or any language contained in the Collective Agreement between the parties to the contrary, either party may elect to proceed to arbitration using one of the following Arbitrators:

Joe Carrier, Robert Herman, Randy Levinson, L. Slotnick

The grievance(s) shall be referred to the Arbitrator on the above list with the earliest available date.

In the event the parties can't mutually agree to a hearing date, the Arbitrator shall set the hearing date within thirty (30) calendar days of the referral to arbitration.

The parties can at anytime by mutual agreement add or remove an Arbitrator from the agreed list.

Signed this .!1_ day of __,..:f'""'v'"'"&f-+-----'' 2013.

FORTH~ FOR THE UNION

f

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