q original - ontario and...part-time roc operator for every three (3) full-time roc operators. 5....

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Q ORIGINAL COLLECTIVE AGREEMENT BETWEEN AMTOTE CANADA, INC. AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION JANUARY 1, 2016 TO DECEMBER 31 , 2018

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Page 1: Q ORIGINAL - Ontario and...part-time ROC operator for every three (3) full-time ROC operators. 5. Hiring While Employees On Layoff The Company will not hire new employees into a classification

Q ORIGINAL

COLLECTIVE AGREEMENT

BETWEEN

AMTOTE CANADA, INC.

AND

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION

JANUARY 1, 2016 TO DECEMBER 31 , 2018

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' !'Yf\ .. . s;iv

Section

TABLE OF CONTENTS

AGREEMENT ...................................................................................................................... 1

ARTICLE 1 .................. ... ... .. ............................ .......... .......................................................... 2

RECOGNITION ................... .................................................................. .......................... 2

ARTICLE 2 ......................... ............. .................................................................................... 3

SCOPE OF AGREEMENT .................................... ......................................................... 3

1. Generally ... ............. ........................................................................................... 3

2. Manager/Supervisor Duties ............................................................................ 3

3. Contracting Out ................................................................................................ 4

4. Part-Time Employees ........................... ........................................................... 4

5. Hiring While Employees On Layoff ................................................................ 5

ARTICLE 3 .......................................................................................................................... 6

UNION MEMBERSHIP ................................................................................................... 6

1. Union Shop ....................................................................................................... 6

2. Check Off .......... .. ................................................................... ............................ 6

ARTICLE 4 .......................................................................... ................................................ 8

UNION REPRESENTATION .......................................................................................... 8

ARTICLE 5 ......................................................................................................................... 10

SETTLEMENT OF DISPUTES AND METHOD OF ARBITRATION ........................... 10

1. Procedure .................................................................. .. ... ......... ............ .. ........... 10

2. Arbitration Procedure ..................................................................................... 11

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3. Sunset Clause .................................................................................................. 12

4. Policy Grievances .............................................. .. ........................................... 12

ARTICLE 6 ....................................................................................... ....................... ........... 13

MANAGEMENT RIGHTS ...... ........................................................................................ 13

ARTICLE 7 ......................................................................................................................... 14

NO STRIKE/NO LOCKOUT .......................................................................................... 14

ARTICLE 8 .... ..................................................................................................................... 15

WAGE RATES ............................................................................................................... 15

1. Wage Schedule and Classifications ............................................................. 15

ARTICLE 9 ......................................................................................................................... 16

RATES OF PAY ............................................................................................................. 16

1. Straight Time ................................................................................................... 16

2. Time and One-half ........................................................................................... 16

3. Holiday Pay ...................................................................................................... 16

4. Continuous Hours of Work ............................................................................ 17

ARTICLE 10 ......................................................................................................... .............. 18

FRINGE BENEFITS ......................... ................................................... ........................... 18

1. Health and Welfare .......................................................................................... 18

2. GroupRRSP ..................................................................................................... 18

3. Vacations .......................................................................................................... 18

4. Scheduling of Vacation .................................................................................. 21

5. Bereavement Pay ........................................................... .. .............................. 23

6. Holidays ............................................................................... ............................ 24

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ARTICLE 11 ........................ ......................................................... ... ........... ......... .......... .... 25

HOURS OF EMPLOYMENT .......................................................... ........ ... .................... 25

1. Standard Work Day and Work Week .......................................... ................. 2 5

2. Overtime .... ................ .................. ............................... ...................... ...... ........ . 25

3. Reporting Times ...................................................... .. ................ ......... ............ 2 6

4. Meal Periods ...... .. ... .......... .............................................................................. 2 6

5. Cancellations .......... ........................................................................................ 2 6

6. Scheduling ......... .................................................................... ......................... 2 7

ARTICLE 12 .......................................... ........ ................................. ............................ ....... 28

DOUBLE SHIFT AND MATINEE PROGRAM CONDITIONS ..................................... 2 8

1. Double Shifts .............................................................. ...... ......... ............. ........ 2 8

ARTICLE 13 ..... ... ........................ ...................................................................................... 29

HOME BASE CONDITIONS .............. .... .. .... ................................................. ................ 29

ARTICLE 14 ....................................................................................................................... 31

MILEAGE AND COMMUTATION RATES AND CONDITIONS ...... ............ ................ 31

1. Mileage and Commutation Rates .................... .................... .......................... 31

2. Mileage ............................................................................................................. 31

3. Commutation ............................................................... ......... ..... ...................... 31

4. Distances Over 120 Kilometers ........ ... .......... ............................................... 32

ARTICLE 15 ............................ .......... .... ................................. ........................................... 33

TRAVEL TIME .......... ....... .. ....................... .............. .... ............................................... .... 33

1. Travel Time ....................... .............................................................................. 33

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ARTICLE 16 ...................................................................................................................... 34

LIVING ALLOWANCE ................ .................................................................................. 34

ARTICLE 17 ...................................................................................................................... 35

SENIORITY AND SENIORITY RIGHTS OF COMPANY EMPLOYEES .................... 35

1 . Probationary Period ....................................................................................... 3 5

2. Layoffs ............................................................................................................. 36

3. Promotions and Job Postings ...................................................................... 3 7

4. Termination of Seniority ............................................................................... 38

5. Job Assignment ............................................................................................. 38

6. Seniority Lists ................................................................................................. 39

7. Full vs. Part-Time Seniority .......................................................................... 40

8. Assignment Outside the Bargaining Unit ................................................... 40

ARTICLE 18 ...................................................................................................................... 42

MISCELLANEOUS ....................................................................................................... 42

1. Notification of Employment .......................................................................... 42

2. Personal Vehicle Use ..................................................................................... 42

3. Death or Illness While Traveling .................................................................. 42

4. Equipment Movement. ................................................................................... 43

5. Personnel Records ........................................................................................ 43

6. Renegotiation of Terms ................................................................................. 43

7. Invalid Provisions .......................................................................................... 43

8. No Discrimination .......................................................................................... 43

9. Dress Code ..................................................................................................... 44

1 0. Payroll - Direct Deposit ................................................................................. 44

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11 . Training ........................................................................................................... 44

ARTICLE 19 .......................... ........ ... ............... ......... ... ..... .... ........ ... .......... .. ....... ......... ... ... 46

TERM OF AGREEMENT .......................................................... .. ................. ... ........ ...... 46

1. Term ................................................................................................................. 46

1st Letter of Understanding ............................................................................................ 48

2nd Letter of Understanding ...................................... ..................................................... 49

3rd Letter of Understanding ................ ........................................................................... 50

4th Letter of Understanding ............................................................................................. 51

5th Letter of Understanding ............................................................................................ 52

6th Letter of Understanding ............................................................................................ 53

Schedule A .......... ............ ......................................... ........................................................ 55

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AGREEMENT

This Agreement is entered into effective as of January 1, 2016 between Am Tote

Canada Inc., a subsidiary of AmTote International Inc., (the "Company") and Service

Employees International Union Local 2, Brewery, General & Professional Workers

Union (the "Union").

This Agreement will be binding upon both parties for a period of 3 (three) years

beginning January 1, 2016, and terminating December 31, 2018.

This Agreement provides for working rules, wages, benefits and other conditions of

employment for employees of the Company who are covered by this Agreement.

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ARTICLE 1

RECOGNITION

The Company recognizes the Union as the exclusive bargaining agent for all of its

employees in the Province of Ontario, save and except supervisors and those above the

rank of supervisor, with respect to wages, hours of work and other terms and conditions

of employment.

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1. Generally

ARTICLE 2

SCOPE OF AGREEMENT

(a) This Agreement shall cover all work performed by the Company in the

Province of Ontario in respect of the maintenance, repair, operation, and

modification of totalisator systems, whether on-track or off-track betting

operations, and simulcasting, including but not limited to the maintenance,

repair and modification of ticket issuing machines, infield indicator boards,

auxiliary power sources, and related pari-mutuel equipment serviced by the

Company.

(b) Maintenance, repair, and modification shall include but not be limited to the

testing, repairing, modifying, plugging, unplugging, moving, shifting, and

associated hookups. It is understood that at OTB parlor installations, parlor

personnel may plug and unplug terminals and related equipment.

2. Manager/Supervisor Duties

All work covered by this Agreement shall be performed exclusively by employees

in the bargaining unit. It shall not, however, be construed as a violation of this

collective agreement for managers and/or supervisors to continue to perform the

duties they have customarily performed. This clause shall not be used to subvert

the bargaining unit. Accordingly, any work performed by managers and

supervisors will not result in layoffs or reduction of hours of work for full time

bargaining unit employees.

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3. Contracting Out

It is understood that the Company may continue its current practices with respect

to the contracting out of work. It is further understood that such contracting out of

work shall not cause a layoff of any bargaining unit members.

4. Part-Time Employees

The Company may employ part-time employees in the circumstances as set out

herein below:

(a) Where part-timers are employed to staff a non-continuous (i.e., non year­

round) live racing meet of a customer, the Employer shall have the right to

employ part-time employees. Such employees shall not be entitled to

obtain employee benefits;

(b) Should the Company's operations expand beyond Woodbine Entertainment

Group during the currency of this collective agreement, it will ensure that

where operations at a particular location reasonably support the

employment of a year-round full-time employee, it shall do so in preference

to the employment of a part-time employee.

(c) Where part-timers are employed to augment the full time workforce, the

following shall apply;

1. There shall be no part-time employees in Hub operations;

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2. Part-time employees shall accumulate seniority on the basis that

each 2080 hours worked less the employee's vacation entitlement,

shall equal one year of seniority;

3. Part-time employees shall be given preference over external

candidates regarding the filling of job openings in any job posting;

4. Part-timers shall not be utilized in a fashion that shall cause the layoff

or the reduction of non-overtime hours of any full time members;

5. Commencing upon ratification of this Agreement, part-timers who

work over 30 hours per week on a regular basis shall be classified as

a full time employee in the appropriate classification; and

6. There will be no more than two (2) part-time terminal technicians for

every one (1) full-time terminal technician and no more than one (1)

part-time ROC operator for every three (3) full-time ROC operators.

5. Hiring While Employees On Layoff

The Company will not hire new employees into a classification at a Home Base

while qualified employees at that Home Base are laid off.

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1. Union Shop

ARTICLE 3

UNION MEMBERSHIP

(a) All employees covered by the terms of this Agreement will, as a condition of

employment, be required to become members of the Union on or before the

31st day following the commencement of their employment with the

Company.

(b) The Union will accept into membership each employee covered by this

Agreement who tenders to the Union the periodic dues and fees required by

the Union's constitution as a condition of acquiring or retaining membership

in the Union.

(c) The Company, at the time of each employee's hire, will notify him/her of

his/her obligation to become and remain a member, in good standing, of the

Union from and after the 31st day following the commencement of his/her

employment. The Company will supply the Business Agent of the Union

with responsibility for the bargaining unit with the names of all newly hired

bargaining unit employees at the time they are hired .

2. Check Off

(a) All employees shall begin paying Union dues in the first full month following

their date of hire. Union dues will be deducted per pay period . Employees

not receiving pay in this period will have the current deduction and/or

arrearages deducted in the next pay period in which they receive pay.

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(b) The dues and initiation fees deducted from all employees shall be remitted

by the Employer to the Union not later than the 151h day of the month

following the month in which such dues were deducted.

(c) Union dues remitted in respect of part-time employees shall also include a

list of the number of shifts or alternatively, the number of hours if so

requested by the Union, worked by each part-time employee during the

month for which dues are being remitted.

(d) The Union will indemnify and save and hold the Company harmless against

any and all claims, demands, suits or other forms of liability that may arise

out of, or by reason of, actions taken by the Company in connection with the

Union Shop and Check-Off provisions of this Article.

(e) The amount of union dues deducted from an employee each year shall

appear on the employee's T4 slip.

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ARTICLE 4

UNION REPRESENTATION

(a) Employees will be represented on the job by Steward(s) , who will be

representatives of the Union on the job, and will be selected in such a

manner as the Union may determine. The Union will notify the Company of

the name of said Steward(s) (i .e., one (1) from Hub/ROC and one (1) from

the Terminal Technician group) authorized to represent the employees and

will notify the Company in writing of any change of the Steward(s). The

Union shall designate one of the Stewards as Chief Steward, who shall be

entitled to preferential seniority as described in Article 17(2)(e). This shall

not affect the operation of Article 4(e) of the collective agreement.

(b) When an employee is to be disciplined with a verbal or written warning, the

employee will be informed of his right to have a Steward present at the )

disciplinary meeting provided a Steward is available. If a Steward is not

available, the employee shall have the right to have a seniority employee

who is working on the shift be present as a witness, and the Company may

proceed to issue the warning. Any company imposed discipline must be

imposed no later than 7 days after the event(s) giving rise to the disciplinary

action occurred or the Company reasonable should have known that it

occurred , it being understood that the actual disciplinary event may not be

served until a later date due to scheduling complexities . The employee and

the Steward shall receive copies of all disciplinary notations.

(c) Where an employee is to be disciplined by suspension or termination, the

Company shall inform the Business Agent, who will attend the disciplinary

meeting which shall be conducted as soon as practicable. The Company

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will not be prejudiced due to any delay in the issuance of such suspension

or termination due to the unavailability of the Business Agent.

In disciplinary matters requ1nng immediate attention, the Company may

immediately suspend the employee without pay and the formal disciplinary

meeting with the Business Agent shall be scheduled as soon as practicable.

In such case, the employee shall have the right to have a seniority

employee who is working on the shift be present as a witness when the

employee is being informed of his immediate suspension .

(d) The Company will recognize a Union negotiating committee for the renewal

of this Collective Agreement made up of the Steward(s), plus the Business

Agent of the Union with responsibility for the bargaining unit. On each day

on which the Steward(s) misses his scheduled shift to attend negotiations

for the renewal of this Collective Agreement, up to but not including

conciliation and thereafter, the Company shall pay such employee his

wages for such shift at the regular non-overtime rate of pay.

(e) The Union may appoint additional Stewards to service new Home Base

locations which are remote from the current Home Base locations.

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ARTICLE 5

SETTLEMENT OF DISPUTES AND METHOD OF ARBITRATION

1. Procedure

Any difference that may arise between the Company and the Union concerning the

interpretation, application, or alleged violation of this Agreement will be processed

in the following manner:

(a) The employee shall, within 7 working days of the incident or within 7

working days of the employee reasonably having knowledge of the

circumstances giving rise to the dispute, first raise his/her issue(s) with the

employee's immediate supervisor and attempt to resolve the matter.

(b) In the event the dispute cannot be resolved as prescribed in Section (a) the

employee and steward shall take up the matter to his manager within 5

working days of the matter being raised with the supervisor.

(c) In the event the dispute cannot be resolved as prescribed in Section 1 (b)

above, the parties involved will reduce the dispute to writing and forward it

to the Company and Union representatives designated to handle grievances

who will then attempt to resolve the grievance(s) within five (5) working days

unless an extension is mutually agreed upon. (The designated

representatives for purposes of this subsection will be the relevant Business

Agent for the Union and the General Counsel for the Company.)

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(d) In the event that the grievance(s) is (are) not resolved as prescribed in

Section 1 (c) above, it may then be referred to arbitration according to the

provisions of Section (e) below.

(e) If the parties are unable to resolve the grievance(s) within the time period

set out above, either party may then refer the grievance(s) to arbitration by

providing written notice of its desire to arbitrate the grievance(s), within

fifteen (15) working days after the period set out in 1(c) above has ended .

2. Arbitration Procedure

(a) All matters submitted to arbitration by either Party to this Agreement shall be

referred to a single arbitrator.

The Party submitting the matter to arbitration shall provide the other Party

with a list of the names of three (3) arbitrators satisfactory to the Party at the

same time they notify the other Party of their intent to proceed to arbitration.

The Party receiving notice of the other Party's intent to proceed to

arbitration shall respond within five (5) working days of receipt of the notice,

acknowledging receipt and agreeing to one (1) of the arbitrators named by

the other Party. Alternatively, in the event that the Party receiving notice is

unable to agree on the name of an arbitrator, they shall then provide the

other Party with a list of three (3) arbitrators. The Party submitting the

matter to arbitration then has five (5) working days in which to respond to

the other Party's list of arbitrators. Should the Parties be unable to agree on

the name of a single arbitrator, either Party may apply to the Minister of

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Labour to appoint an arbitrator in accordance with the provisions of the

Ontario Labour Relations Act.

(b) The arbitrator shall have no power either to amend or to modify the terms of

this Agreement or to substitute a new clause or clauses in lieu of any

existing clause or clauses or to give a decision inconsistent with the terms

and provisions of this Agreement. The decision of the sole arbitrator shall

be final and binding upon the parties hereto.

(c) The fees and expenses of the arbitrator shall be borne equally by both

parties.

3. Sunset Clause

Any discipline imposed upon an employee may not be relied upon in any future

discipline or any future proceeding after 18 months from the date of imposition of

such discipline.

4. Policy Grievances

Should either party claim that this collective agreement has been violated, the

parties by mutual agreement, unless it is mutually agreed that no meeting is

necessary, will meet to determine the facts and attempt to resolve the issue. In

case of failure to agree, the grievance will be submitted to arbitration as specified

herein above and the decision rendered will be final and binding on both parties

hereto.

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ARTICLE 6

MANAGEMENT RIGHTS

The management of the business is vested solely in the Company. The management

and operation of the business and the direction of the working force, including the right

to transfer employees, discipline employees for just cause, determine work locations,

methods and procedures, workplace policies, the scheduling of work and the control

and regulation of the use of all equipment and other property of the Company, are the

exclusive functions of the Company. The Company shall have full right to exercise its

functions and to conduct its business in the manner it deems appropriate.

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ARTICLE 7

NO STRIKE/NO LOCKOUT

The Union agrees that during the currency of this collective agreement, there shall be

no strikes, stoppages, or work slowdowns and the Company agrees there shall be no

lockouts.

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ARTICLE 8

WAGE RATES

1. Wage Schedule and Classifications

(a) The classifications and wage rates shall be established in Schedule "A" to

this collective agreement.

(b) Where the Company proposes to introduce a new classification, the

Company will provide the Union with a job description and the Company

and Union shall meet and determine the wage rate applicable to such

classification.

Wage increases will be reflected in Schedule "A."

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1. Straight Time

ARTICLE 9

RATES OF PAY

The employee's hourly straight time pay will be as stated in Article VIII of this

Agreement.

2. Time and One-half

(a) Employees shall be paid at the rate of time and one-half (1.5) for all work

performed in excess of forty (40) hours per week.

3. Holiday Pay

(a) Where an employee performs work on a holiday, he/she shall be paid at one

and a half (1 'Y2) times his or her wage rate for all hours worked on the

holiday, plus eight (8) hours holiday pay.

(b) Holiday hours, whether worked or not, will be considered part of the

scheduled work week for purposes of satisfying the 40 hours minimum

scheduled work week, but will not count toward any additional weekly

overtime calculation.

(c) Employees working on a holiday set out in Article 1 0(6)(a) shall be

scheduled for a minimum of at least eight (8) hours.

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4. Continuous Hours of Work

(a) The Company will supply sandwiches and beverages on moves when

continuous hours of work are involved . The Company will allow one-half

(1/2) hour paid meal break and this time will be considered work time.

(b) In cases where there is insufficient time on moves and employees are

therefore unable to have a meal break, one-half (1/2) hour for meals will be

allowed after the work period. The Company will provide such employees

with a meal allowance of $10.00.

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1. Health and Welfare

ARTICLE 10

FRINGE BENEFITS

The Company will provide group benefits (Extended Health Care, Dental Care,

Long-Term Disability, Life Coverage, and Accidental Death and Dismemberment)

for full-time employees pursuant to Company's plan with Sun Life Assurance

Company of Canada, (Contract 74589). In lieu of a vision care benefit, the

Company will , at the conclusion of each calendar year, pay to each full-time

employee a sum of money equal to 1-1/2% of their gross pay for the year just

ended , subject to normal tax withholdings.

2. Group RRSP

The Company will sponsor a group RRSP into which employees shall be able to

contribute a percentage of their wages on a tax favored basis. The Company will

match 50% of an employee's contribution, up to 6% of their gross pay.

3. Vacations

(a) Each employee will be entitled to accrue paid vacation leave at the following

accrual rates:

• During the first five (5) years of employment - 80 hours per year,

vacation pay equal to 4% of gross earnings;

• During the second five (5) years of employment - 120 hours per year,

vacation pay equal to 6% of gross earnings;

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• After ten (10) years of employment- 160 hours per year, vacation pay

equal to 8% of gross earnings.

(b) Employees may only take vacation if they have sufficient vacation hours

accrued.

(c) If approved by the Company, Employees may take vacation in increments of

less than a week.

(d) The Company will report current accrued vacation on each employee's

Statement of Earnings and Deductions.

(e) No scheduled holidays as described in this Article will be charged against

vacation.

(f) In addition to the vacation to which an employee is entitled, he/she may

request additional time off without pay. Granting such time off will be a

leave of absence entirely at the Company's discretion. An employee must

first use all of their accrued vacation time before requesting a leave of

absence.

(g) Employees may take vacation in increments of single days, up to a

maximum of one week of vacation. In the event of multiple requests for a

single vacation day, the Company shall grant at least one request per

classification for the requested day and if operationally possible, it shall

grant further requests for that day on the basis of seniority. Employees shall

request single vacation days at least 14 days in advance. Should an

employee's request for a single day be less than 14 days from the date

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requested, the Company will make every effort to accommodate the

request.

(h) Carryover Arrangement

1) An employee may carryover up to two (2) weeks/80 hours of

vacation entitlement into a subsequent calendar year. If the

employee wishes to do so, they must advise the company in writing

by no later than November 15th in the year prior to the year that the

vacation is being used.

2) If the employee's normal vacation entitlement is greater than 2

weeks/80 hours, the employee must use any remaining vacation

entitlement in the year prior to the year that the carried over

vacation week(s) is/are being used. If the carryover is only one (1)

week, the employee must take holiday in accordance with the terms

of (i) below.

3) The employee will be paid for the week(s) being carried over at the

commencement of the year in which the vacation is being used.

4) The employee may then schedule a block of vacation, of up to four

weeks, during the year that the carryover week(s) are to be used, in

accordance with the usual process for scheduling vacation.

Despite the foregoing, an employee seeking to schedule a four

week block of vacation using carried over vacation week(s) may not

do so during the period from May 1st to August 1st.

5) An employee may only carryover vacation once every five (5)

calendar years.

(i) Use of Vacation

An employee with two weeks/80 hours of vacation entitlement shall be

required to schedule at least one week/40 hours of vacation time per

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calendar year.

An employee with greater than two weeks/80 hours of vacation entitlement

shall be required to schedule at least two weeks/80 hours of vacation time

per calendar year.

Any unused vacation time shall be paid out to the employee by January 31 51 of the

subsequent calendar year 4.

Scheduling of Vacation

(a) Each employee entitled to vacation will submit his/her request for vacation

time to his direct supervisor on the Company's approved Vacation Request

form not later than 1 January of each year. The vacation schedule will be

established by the Company and announced not later than 15 February.

The Company will endeavor to grant all vacation requests in accordance

with this Article. However, the Company may deny a vacation request due

to business needs. Requests for vacations will be honored in accordance

with established seniority at the Home Base in the following manner:

1) The most senior employee (submitting a timely request) may select in

one-week increments of time the schedule for some or all of his/her

available vacation time. If the employee elects to take portions of

his/her vacation time at various periods of time over the calendar

year, then his/her right of priority will only pertain to the first period

requested. For example, if an employee is entitled to four (4) weeks

of vacation time and s/he elects to split the time into three

increments: July, August, and November, only the time off in July will

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be granted priority. The subsequent periods of time will be subject to

the rotational selection process discussed below.

2) The next most senior employee (submitting a timely request) may

select in one-week increments of time the schedule for some or all of

his/her available vacation time. The procedure described

immediately above will apply.

3) After all of the employees of a particular job classification at a

particular job location (who have submitted a timely request) have

selected and been granted some or all of their vacation time, then the

process will recommence with respect to the next vacation period

requested. For example, the period selected in August by the

employee in 1) above, would be granted provided another employee

of the same job classification at the job location was not previously )

granted this period of time. This process will continue until all the

requested time has been scheduled .

Once the vacation schedule is established, the Company may revise that

schedule for operating emergencies such as a change in racing schedules.

(b) An employee who fails to submit his/her vacation request prior to 1 January

may request vacation at a later time. However, his/her vacation will be

assigned by the Company as permitted by work schedules and vacations

already approved for other employees. Also, when an employee has

accumulated in excess of the amount of vacation that can he earned by that

employee in one (1) year unless such excess accumulation is a result of the

employee having vacation requests denied, the Company reserves the right

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to require that employee to take any excess over that amount at the

convenience of the Company.

(c) If the employee is outside his Home Base territory when his vacation is

scheduled to start and travels back to his Home Base territory, he will

receive Travel Time and Mileage Allowance at the rate established pursuant

to Articles XIV and XV to reach his home territory before starting his

vacation.

(d) If the Company and an employee agree that he will take his vacation while

outside of his home territory and he does not actually travel to his home

territory, he will receive Living Allowance during his entire vacation and no

further compensation for travel time or mileage allowance.

5. Bereavement Pay

(a) In instances of death in the immediate family (spouse (including common

law spouse or same sex spouse/partner) child , parent, siblings) the

Company will grant 5 days of paid leave. The Company will grant 3 days of

paid leave in the case of the death of an employee's mother-in-law, father­

in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,

grandparent, spouse's grandparent, or grandchild . The Company will grant

1 day paid leave in the case of the death of an employee or employee's

spouse's aunt, uncle, niece, or nephew. In all cases, the actual dates of the

leave must be mutually agreed to by employee and the Company.

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(b) In extenuating circumstances (including international travel outside North

America), the Company and employee may agree to a certain number of

unpaid leave days in addition to the paid leave discussed above.

6. Holidays

Holidays will be provided and paid in accordance with the provincial law covering

employees subject to this Agreement.

The following are paid Holidays subject to the conditions herein:

(a) New Year's Day Family Day Good Friday Victoria Day Boxing Day

Canada Day Labour Day Thanksgiving Day Christmas Day Floater

(b) Any employee may request time off during the week in which a holiday

occurs and his/her request may be granted provided his/her services can be

spared.

(c) The floater holiday may not be used in the same week as another holiday.

(d) Employees shall request the floater holiday in writing at least 14 days in

advance. Seniority will govern the allocation of floater holidays.

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ARTICLE 11

HOURS OF EMPLOYMENT

1. Standard Work Day and Work Week

(a) The standard work day for employees shall be a minimum of seven (7)

consecutive hours and the Company will schedule employees to work a

minimum of 40 hours per week. This clause does not apply to part-time

employees.

(b) An Employee may be scheduled, upon his/her request, to work longer

shift(s) in order to work less days each week, if the Company agrees.

2. Overtime

(a) The relevant overtime thresholds and rates of pay shall be as set out in

Article IX.

(b) Employees may be required to work overtime but no employee will have the

right to work any specific number of overtime hours. When overtime is

required it will be assigned among those employees in the job classification

in which the work is needed on a seniority basis. That is , the principle of

"Right of First Refusal" will be applied so that the most senior employee will

have the first opportunity. If s/he declines, the next senior employee will be

asked and so on . If all the senior employees refuse, then the most junior

employee may accept the assignment unless a temporary employee

capable and qualified to perform the work required is on the job. In such

case, the junior employee may refuse the assignment and the temporary

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employee may accept the assignment. In emergency cases (such as where

an employee calls in sick at the last minute), the Company will seek

volunteers currently on shift while the Company undertakes the process

noted above. In the event that the above-noted process does not result in

an Employee reporting to work to perform the overtime work, such work

shall be offered to the senior Employee on shift that is willing to perform the

work. Employees shall not be required to remain on duty beyond their

scheduled shift where personal circumstances prevent them from doing so.

In any event, no employee shall be required to work in excess of 13 hours

but that nothing in this agreement precludes an employee from volunteering

to work excess hours.

3. Reporting Times

Reporting times will be established by the Company and published in the shift )

schedule. In no event, however, will Employees be scheduled to work less than

forty (40) hours work per week, except for part-time employees.

4. Meal Periods

Employees will be entitled to a paid meal break of one-half (%) hour per shift.

Employees are on standby during meal times in case their services are needed

and no additional compensation will be paid for work performed under these

circumstances. [See 41h Letter of Understanding attached .]

5. Cancellations

If for any reason a race performance is cancelled, in whole or in part, as a result of

Acts of God, power shortages, storms or other disruptions, employees will be paid

as follows:

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(a) If an employee does not report for work, or is unable to report for work, he

shall receive no pay. If the employee earns forty (40) hours of pay during

any week in which a regular work schedule has been subject to a

cancellation despite the cancellation or cancellations, the Company will

have no further obligation. However, if an employee would otherwise not

earn forty (40) hours of pay in such a week, s/he will be paid for forty (40)

hours. The Company's total annual obligation per employee in this regard

will be 40 hours of pay. After this amount has been paid, the Company will

have the right to require the employees to work the missed hours, or, if the

employee prefers, to take vacation, to earn that forty (40) hours of pay for

any week in which one or more cancellations would otherwise create a

situation in which the employee would not earn forty (40) hours of pay.

(b) If an employee reports for work, he shall be paid for all hours actually

worked with a minimum of four (4) hours pay.

6. Scheduling

The Company shall establish the available schedules at each Home Base.

Employees shall be able to select an available schedule by seniority. The

Company shall post the finalized shift schedule at least one (1) week prior to the

commencement of the schedule, if possible.

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ARTICLE 12

DOUBLE SHIFT AND MATINEE PROGRAM CONDITIONS

1. Double Shifts

(a) The double shift is the condition where an employee works at least two (2)

tracks or job assignments at different locations on the same calendar day

without a permanent change in his/her present assignment.

(b) The distance between the tracks or job assignments is limited to a

maximum of fifty (50) miles (80 kilometers) in this condition .

(c) The time is actually takes the employee to travel from their Home Base to

the first assignment, from the first to the second assignment, and from the

second assignment back to the Home Base, shall be considered work

time.

(d) Employees on double shift will be permitted to take one-half(%) hour for

eating between the two job assignments-provided sufficient personnel

are available to safely cover the second assignment during this time.

(e) When an employee is working during the day on a set-up assignment and

his/her regular assignment is nights, s/he will be allowed one (1) hour

personal clean-up time between his/her day and night assignments which

will be considered work time and shall be paid as such.

(f) Employees shall receive mileage for the accumulated mileage from the

employee's Home Base to the 1st assignment, from the 1st assignment to

the 2nd assignment, and from the 2nd assignment back to the Home Base.

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ARTICLE 13

HOME BASE CONDITIONS

1. All employees shall be assigned a Home Base location which shall be a

specific racetrack or OTB which the employee normally works at or out of in

the course of his duties. Subject to Section 4 below the Company shall not

transfer, relocate or otherwise remove an employee (not including instances

of discipline) from their Home Base without the employee's consent.

2. The Company will have the right to establish new Home Bases as needed in

accordance with the terms of this agreement. When a new Home Base will

be established, the Company shall post job openings in relation to the new

Home Base in all then current Home Base locations. Jobs at the new Home

Base will be filled in accordance with the job posting language of the

agreement and subject to Article 17 Section 5 (a). Should the number of

applicants for such positions be insufficient, the Company may then hire

persons from outside of the bargaining unit.

3. Employees changing to a new Home Base to which they have voluntarily

requested to be assigned shall not be entitled to relocation allowance or

travel time. Such an employee shall receive mileage and travel time.

4. Where the Company removes an Employee from a facility at the request of

the Customer, the Employee will have a period of 30 days within which to

pick a new work location or Home Base from amongst available openings.

If the employee chooses a new work location or Home Base that is more

than 120 kilometers away, the Employee will receive Living Allowance for a

period of 30 days beginning on the date a new Home Base is chosen. Upon

his/her second removal from a facility, the employee will receive a two (2)

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week suspension and will not be eligible for Living Allowance. Upon a third

removal, the employee will be terminated. The Company will, in such

cases, use its best efforts to persuade the track to not request that the

Employee be removed.

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ARTICLE 14

MILEAGE AND COMMUTATION RATES AND CONDITIONS

1. Mileage and Commutation Rates

Employees will be compensated for either Mileage or Commutation at the

Company's official corporate rate which shall be based on the rate established by

the Canada Revenue Agency (CRA).

2. Mileage

When an Employee on shift is required to travel in his/her personal vehicle for

Company business from his/her Home Base or current location he/she will receive

Mileage for kilometers traveled to and from the travel destination, plus toll charges.

3. Commutation

When an Employee is assigned in accordance with Article 17 to a work location

that is located over 25 kilometers away, the Employee shall receive reimbursement

for Commutation as follows, based on one round trip per day for each day actually

worked:

a. When an employee is working at an assignment within a 25 km radius of

their home base or work location, there will be no commutation allowance.

b. Distances between 26 and 120 kilometers inclusive will be paid at the

corporate rate plus any tolls.

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4. Distances Over 120 Kilometers

When an Employee is transferred from one job assignment to another job

assignment that is over 120 kilometers from the Employee's Home Base, the

Employee shall receive Mileage as well as Living Allowance in accordance Article

16.

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1 . Travel Time

ARTICLE 15

TRAVEL TIME

Sufficient prior notice will be given for travel. Travel Time will be considered work

time. The following conditions relate to Travel Time:

(a) One (1) hour will be allowed for each unit of eighty kilometers 80 km or

fraction thereof traveled per calendar day.

(Note: Travel time between Woodbine and Mohawk is 1 hour each way,

and %hour between Woodbine and Greenwood each way.)

(b) Employees will not be required to drive longer than 10 hours in any

calendar day. If an Employee is required to work and travel in the same

day, the total time will not exceed 12 hours.

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ARTICLE 16

LIVING ALLOWANCE

1. Employees required to travel beyond a 120 kilometer radius from their

Home Base location will receive , in addition to Mileage, travel time and any

other entitlement under this Agreement, applicable advance living allowance

payment as follows:

(a) An employee required to leave his Home Base to work and return the

same calendar day and his travel work time does not exceed ten (1 0)

hours will not receive a Living Allowance for that day. An employee

who is required to leave his Home Base for more than ten (1 0) hours,

will receive the applicable Living Allowance for that day.

(b) All employees will receive $35.00 per day or a fraction of such day.

(c) Payment of Living Allowance to an employee requesting time off in a

situation where he would normally receive a Living Allowance will be

made only if no other employee is required to replace him which

requires Living Allowance payment to the replacement of employees.

(d) Whenever an employee is requested to provide services at a facility

outside his Home Base for a period not exceeding two (2) weeks, the

Company will compensate the employee for mileage or

transportation, reasonable lodging expense plus an amount not to

exceed twenty-five dollars ($25.00) per day for meals.

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ARTICLE 17

SENIORITY AND SENIORITY RIGHTS OF COMPANY EMPLOYEES

1. Probationary Period

(a) There will be a probationary period of six (6) consecutive months of

employment required of new employees before being accepted for

permanent employment, after which time the employee will become a

permanent employee, will be credited with six (6) months of seniority, and

will have his or her date of hire recorded as his or her seniority date.

Probationary employees may be discharged without recourse to the

grievance and arbitration process of the agreement.

(b) Until a probationary employee completes a period of continuous

employment sufficient to qualify him/her as a permanent employee, such

probationary employee will not be eligible for any benefits under this

Agreement.

(c) Probationary employees will be compensated for any overtime worked in

accordance with the provisions of provincial statutes and regulations.

(d) Probationary employees are not entitled to select track assignments or job

assignments in accordance with the provisions of Article XVII, Section 5(c)

of this Agreement.

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2. Layoffs

Layoffs of employees because of lack of work at a Home Base location will be as

follows :

(a) Seniority employees at the Home Base location who volunteer to take layoff

will be laid off first.

(b) Temporary employees at the Home Base location with less than six (6)

months' service will be laid off second.

(c) Probationary employees at the Home Base location will be laid off third.

(d) Temporary employees at the Home Base location with six (6) months' or

more service shall be laid off fourth.

(e) For purposes of lay-off only, the Steward will have preferential seniority and

will be considered the most senior employee in the bargaining unit, provided

he has at least two (2) years seniority with the Company. The name of such

Steward will be furnished to the Company in writing by the Union promptly

following the execution of this Agreement and within thirty (30) days after

any changes in the identity of Steward .

(f) Thereafter, employees at the Home Base location will be laid off in the

inverse order of their established seniority by classification . Employees may

bump a less senior employee in the Home Base location provided he/she is

qualified and physically able to perform the work .

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(g) Employees will be recalled in reverse of the above order provided the

employee has the qualifications to perform satisfactorily the available work.

3. Promotions and Job Postings

(a) All job openings in the bargaining unit shall be posted at each Home Base

location within fourteen (14) days of becoming vacant. Job postings shall

remain posted for seven (7) days. Openings shall be filled as follows:

(i) First by the most senior applicant at that Home Base location in that

classification wishing to change his shift. Such a transfer will not be

made more than once in a two-year period for any employee;

(ii) Second by the most senior qualified applicant at that Home Base

location;

(iii) Third by the most senior qualified applicant at another Home Base

location . Such successful applicant shall not be entitled to relocation

allowance; and

(iv) Should no qualified applicant apply for the position, the Company

may hire from outside the Bargaining Unit.

(b) The successful candidate shall be given the position on a trial basis of up to

120 days. Should the Company determine that the employee is unsuitable

for the position or the employee ask to be removed from the position ; the

employee will be placed in his previous position . In such case, the

Company shall not be responsible for any relocation costs.

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4. Termination of Seniority

An employee's seniority will be deemed to have been terminated by the

occurrence of any of the following events:

(a) He is discharged and not reinstated.

(b) Resignation or absence of three (3) or more consecutive work days without

notifying the Company prior to or during this period and without having a

satisfactory reason for such absence.

(c) He exceeds a leave of absence without notifying the Company and without

having a satisfactory reason for such absence.

(d) He is laid off because of the needs of the Company's services for a period

of twenty-four (24) consecutive months.

(e) Upon failure to return to work from layoff within ten (10) working days after

the mailing of notice to report given by Registered Mail from the Company to

the employee's last known address, unless a satisfactory reason for such

failure is given.

5. Job Assignment

(a) The Company agrees to abide by the seniority rule of job assignment except

that nothing in this selection may limit the Company's right to assign

employees to jobs at tracks when, in its best judgment because of the

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seniority assignments it is unable to render a service acceptable to its

customers or operate in an efficient and expeditious manner.

(b) It is understood that because of the nature of the Company's operations,

employees must be available to travel in accordance with the needs of the

business.

(c) Seniority employees will be allowed to select track assignments within their

own Home Base area and tracks supplied from that Home Base area based

on the following conditions:

(i) The employee is qualified to fill the position at the track he has

selected.

(ii) An employee making a selection of job assignment must remain on

that assignment until the completion of the meet.

(iii) When the track is running live racing, arrangements will be made so

that employees may take a day off each week and so vacation time

off may also be scheduled. The Company will supply appropriate

relief for this time off.

6. Seniority Lists

The Company shall post a separate full time seniority list and a separate part time

seniority list, and forward a copy of each to the Union, twice per year: January 31

and July 31. Any objection(s) by an employee in respect of his or her position on

the respective seniority list or the information on the respective list pertaining to the

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employee shall be raised in accordance with the grievance procedure within twenty

(20) days of the posting of the seniority list, after which point, no grievance may be

filed by the employee in respect of his or her objection.

7. Full vs. Part-Time Seniority

It is understood that full time seniority shall take precedence over part-time

seniority.

8. Assignment Outside the Bargaining Unit

(a) When an employee agrees to be assigned by the Employer to a position

outside of the bargaining unit, the employee shall continue to accumulate

seniority in the bargaining unit for a period of up to six (6) consecutive

months from the date that the assignment began. In the event that the )

employee is not reassigned by the employer back to a position in the

bargaining unit prior to the expiry of another six months, the employee shall

be deemed to have lost all of his seniority in the bargaining unit and shall

have no recall rights to a position in the bargaining unit.

(b) An employee who has agreed to be assigned to a position outside of the

bargaining unit may, prior to the expiry of the time period set out in (a)

above, request that they be reassigned to their former position within the

bargaining unit. Where such a request is made, the Company shall comply.

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9. Severance Pay

The Company agrees that in the event that an employee is or will be permanently

laid off as a result of a shortage of work, it shall pay the employee one week of

pay for each year of service in excess of eight (8) years, up to a maximum of

three (3) weeks.

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ARTICLE 18

MISCELLANEOUS

1. Notification of Employment

The Union will be promptly notified in writing of any bargaining unit employee hired

by the Company-stating where hired, classification, and date employed.

2. Personal Vehicle Use

When an employee uses his/her car on Company business other than for transfers

as covered under Commutation allowance (Article XIV), s/he will receive

compensation at the established rate. Should an employee use his/her car for

Company business while in the performance of travel as covered under

Commutation and Mileage, s/he will be compensated at the established rate, only

as stipulated in these paragraphs.

3. Death or Illness While Traveling

In the event of death or serious illness of an employee while traveling on Company

business, the following conditions will apply:

(a) The Company will pay the cost of transporting back to his/her Home Base

an employee who is seriously ill or injured in an accident and is unable to

return under normal conditions.

(b) The Company will pay the cost of shipment of remains in the case of death.

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4. Equipment Movement

Employees will distribute and/or relocate ticket issuing machines.

5. PersonneiRecords

The Business Agent may inspect the items in an employee's personnel records if

such Business Agent has the employee's written consent to do so, and the

employee may be present if s/he so desires. The employee may review his

personnel file on request up to twice a year.

6. Renegotiation of Terms

This Agreement may be opened for changes, other than to term, during its term by

mutual consent of both parties hereto.

7. Invalid Provisions

Should any provision of this Agreement be declared illegal by any court of

competent jurisdiction such provision will immediately become null and void,

leaving the remainder of the Agreement in full force and effect and the parties will

thereupon seek to negotiate substitute provisions which are in conformity with

Canadian Labour laws.

8. No Discrimination

The Company and the Union agree not to discriminate against any applicant or

employee on account of any enumerated prohibited ground set out in the Ontario

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Human Rights Code.

9. Dress Code

Dress code for field employees (while track is operating) :

(a) No sandals, sneakers , or running shoes allowed .

(b) Socks required .

(c) No jeans allowed .

(d) Shirts with collars required.

(e) Hair and beard neatly trimmed .

(f) Any specific attire required by track management.

10. Payroll- Direct Deposit

All employees will be required to participate in the Company's direct deposit payroll

program where permitted by law. The Company may institute payroll changes that

will result in the production of electronic pay statements. Employees may be

required to log into a secure third party access point in order to retrieve their

paystub. If the employee wishes to do so, they may log into and print a copy of the

paystub using the Company's equipment. Employees will not be required to enter

their hours into the third party payroll system, unless they wish to do so.

11 . Training

Employer responsible for all costs associated in training. All time spent in training

shall be considered as time worked . Where training occurs at a location other than

the employee's Home Base, s/he will be paid mileage allowance if the training is

more than 30 km from Home Base.

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12. Requirement for Medical Note

Where an employee is absent from work due to illness for three consecutive

shifts, he/she shall be required to obtain a medical note from a physician. The

note shall be submitted to the Company when the employee returns to work. In

the event that the employee is required to pay for the medical note, he/she shall

submit a receipt or invoice to the Company and shall be reimbursed for the cost

of the note.

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1. Term

ARTICLE 19

TERM OF AGREEMENT

Upon ratification, this Agreement will be effective as of January 1, 2016, and will

continue in effect until midnight, December 31, 2018. It will automatically renew

itself for additional terms of one (1) year unless either the Company and/or the

Union serves written notice on the other party within ninety (90) days, prior to the

end of the term or the end of any subsequent one (1) year period that the party

serving such notice desires to modify this Agreement.

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IN WITNESS WHEREOF: The parties hereto have caused this Agreement to be

executed by their duly authorized representatives :

FOR THE COMPANY:

/1~1 /b Date

Date

Manager of Canadian Operations

CindyW~es Date

Director of Human Resources

FOR THE UNION:

~k_ & uce Price

Busines Agent/Legal Counsel

Martin F. uarte Date

Chief Steward, SEIU Member

--~....,.-~-=....c...-~=----~ -~=-=-e--=->-b 1\ta~ . :2..5 . .Zolf, Wayne Weir Date

Steward, SEIU Member

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January 1, 2016

Between:

15T LETTER OF UNDERSTANDING

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION

("the Union")

-and-

AMTOTE CANADA INC. ("the Company")

Re: Home Base Location

The Parties agree that all current employees shall maintain their existing Home Base location. Any change of Home Base location shall be made pursuant to the terms of the Collective Agreement between the Parties as has been tentatively agreed or ratified as the case may be.

FOR THE COMPANY: FOR THE UNION:

i/1~/lb DATE

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January 1, 2016

2nd LETTER OF UNDERSTANDING

Between:

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION

("the Union")

Re: Shift Exchanges

-and-

AMTOTE CANADA INC. ("the Company")

During the course of negotiations, the parties discussed the ability of employees to engage in shift exchanges. Further to that discussion, the Company agrees that the current practice of allowing shift exchanges between employees shall continue for the duration of this collective agreement.

In accordance with that practice, employees will be permitted to engage in shift exchanges, subject to the approval of the supervisor on shift at the time the request to exchange shifts is submitted. The Company agrees that the supervisor shall not unreasonably deny the proposed shift exchange. For the purpose of clarity, the parties agree that the Company may refuse to approve a shift exchange where it would give rise to overtime or where the exchange may cause a violation of the Employment Standards Act, 2000.

FOR THE COMPANY: FOR THE UNION:

DATE ~~7//6 CBFCePfiC~ DATE

Business Agent/Legal Counsel

NOTE: During the course of Dec. 2015 negotiations, the parties also agreed that in the event that the Company assigns an employee to work at Greenwood Teletheatre as his/her normal work location, former Letter of Understanding #2 shall be revived and incorporated into the collective agreement as a new Letter of Understanding #7.

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January 1, 2016

Between:

3rd LETTER OF UNDERSTANDING

Amtote Canada Inc.

and

Service Employees International Union Local 2, Brewery, General & Professional Workers' Union

Re: Scheduling

During the course of negotiations, the Union raised several concerns related to the scheduling of shifts for members of the bargaining unit.

Further to those discussions, the Company agrees as follows:

1) An employee will not be scheduled for a day shift (i.e. a shift commencing prior to 12:00 p.m.) following a shift that ends after midnight, unless the employee consents to such an arrangement. )

2) In scheduling the shifts of employees in the bargaining unit, the Company will ensure that employees are not scheduled for greater than 5 consecutive shifts, unless the employee consents to such an arrangement or where such scheduling is operationally unavoidable. With respect to the latter circumstance, the Company shall make its best efforts to avoid scheduling in a manner that will give rise to such an extended work schedule (i.e. any such occurrences should be an anomalous result) .

3) In the interests of stability and certainty for employees in the bargaining unit, the Employer will consider posting work schedules for selection that are of a longer term and the parties agree to have ongoing discussion about this during the first year of the collective agreement.

4) With respect to the work schedule for those employees in the HUB, the Company agrees that where it is operationally possible to do so, it shall include at least one schedule line composed of five (5) eight (8) hour shifts per work week.

DATE ruce Price DATE

Business Agent/Legal Counsel

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January 1, 2016

4th LETTER OF UNDERSTANDING Between:

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION

("the Union")

Re: Meal/Break Periods

-and-

AMTOTE CANADA INC. ("the Company")

During the course of negotiations, the parties agreed that it is important to make allowance for employees to leave the work area while at the same time ensuring that there is no interruption to the operation of the Hub/ROC.

Accordingly, the parties agree as follows:

1. During the busiest periods of time, being between 11 a.m. and 2 p.m. and 5 p.m. to 7:30 p.m., employees may take their paid 30 minute meal period, but shall remain in the Hub/ROC area. A "standby room" shall be provided, which may be used by employees on break during those periods of time. If an employee takes their meal period during a peak period of time, the Company will make allowance for a short break, not to exceed fifteen minutes, during an off-peak period of time, to enable the employee to leave the work area (but not the premises) .

2. Employees may opt to utilize the 30 minute meal period at a time other than during the peak periods of time noted above, in which case the employee may leave the Hub/ROC for the meal period, provided that he/she takes a radio and does not leave the premises.

FOR THE COMPANY: FOR THE UNION:

DATE

!ktLu{J/16 DATE I

Business AgenULegal Counsel

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January 1, 2016

Between:

5th LETTER OF UNDERSTANDING

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION

("the Union")

-and-

AMTOTE CANADA INC. ("the Company")

Re: After Hours Tech Calls

During the course of negotiations, the parties discussed the issue of Hub/ROC employees being assigned to respond to calls during periods of time at which Terminal Technicians are not scheduled to be on shift. In light of that discussion, the parties agreed to the following:

1. Where necessary, employees will be properly trained in order to respond to such calls.

2. Where a Hub/ROC employee is assigned to respond to such a call, he/she shall take a radio with them.

3. In addition to the foregoing, the Company agrees that when an employee is assigned to respond to such a call, it shall request that Woodbine dispatch a security officer to attend the area of the call.

FOR THE COMPANY: FOR THE UNION:

DATE

kek &Hll/6 ~uce Price • DATE

Bus1ness Agent/Legal Counsel

'Vfl~!lb

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January 1, 2016

Between:

Gth LETTER OF UNDERSTANDING

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 2, BREWERY, GENERAL & PROFESSIONAL WORKERS' UNION

("the Union")

-and-

AMTOTE CANADA INC. ("the Company")

Re: Grace Periods and Extenuating Circumstances

During the course of negotiations, the parties had extensive discussion about the concerns of the Union's members in the Hub/ROC and, in particular, about the need for a degree of flexibility and less rigidity in that work area. The parties agreed that it would be mutually beneficial for employees and management in the Hub/ROC to engage in ongoing communication and the parties will make their best efforts in that regard. Mr. Stiffler will periodically convene, when possible, group meetings with staff, for the purpose of engaging in a dialogue with the Union's members in the Hub/ROC.

The Employer agrees, initially on a trial basis, to make allowance for lateness that is the result of a valid extenuating circumstance that is beyond the employee's control (for e.g., where the employee encounters unexpected traffic conditions or where there is an emergency situation involving a member of the employee's immediate family). In such circumstances, the employee's lateness will be excused (i.e. it will not result in use of one of the two 10 minute grace periods) provided that the employee has contacted the manager on shift (or Mr. Stiffler where no manager is on shift) to advise of the lateness, the reason for the lateness, and the anticipated arrival time at the workplace. The employee will be offered the opportunity to make up the time missed where possible. The Employer will be entitled to keep track of such lateness for its internal purposes and where it is of the reasonable opinion that its leniency in this regard is being abused, it shall first advise the Union and provide the Union with a chance to address the issue with its members. Should that not resolve the Employer's concern, the Employer may opt to end the trial period and process described above.

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Despite the foregoing, the Employer agrees that it shall continue the practice with respect to the two monthly grace periods of 10 minutes.

FOR THE COMPANY: FOR THE UNION:

DATE

~k2~{:(4 ~e DATE

Business Agent/Legal Counsel

1/llq/lb

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Schedule A

1. For employees hired after BarnUJar~ '~~ 2l6H ~~ the following pay grid applies : HOURLY SALARY

RATE

1-Jan-16 1-Jan-17 1-Jan-18

(a) Hub Operator

3rd year rate $21.40 $21.88 $22 .37

2nd year $20.97 $21.44 $21.93

At Hire $19.78 $20.22 $20.68

(b) RDC Operator

3rd year rate $19.17 $19.60 $20.04

2nd year $18.79 $19.22 $19.65

At Hire $17.40 $17.79 $18.19

(c) RDC OPERATOR/ASSISTANT

3rd year rate $18.16 $18.57 $18.99

2nd year $17.80 $18.20 $18.61

At Hire $16.69 $17.06 $17.45

(d) REMOTE ASSISTANT OPERATOR

3rd year rate $17.36 $17.75 $18.15

2nd year $17.01 $17.40 $17.79

At Hire $15.88 $16.24 $16.60

(e1) LEAD HAND- TERMINAL TECHNICIAN

Rate $19.06 $19.44 $19.83

(e2) TERMINAL TECHNICIAN

3rd year rate $17.06 $17.44 $17.83

2nd year $16.73 $17.10 $17.49

At Hire $15.02 $15.36 $15.70

(f) PART- TIME EMPLOYEES

3rd year rate $16.20 $16.56 $16.93

2nd year $15.89 $16.25 $16.61

At Hire $14.47 $14.70 $15.13

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HOURLY SALARY

RATE

1-Jan-16 1-Jan-17 1-Jan-18

(g) ASSEMBLY/ MANUFACTURING TECHNICIAN

3rd year rate $16.20 $16.56 $16.93

2nd year $15.89 $16.25 $16.61

At Hire $14.47 $14.79 $15.13

Note #1: Employees currently in the Lead Hand -Terminal Technician positions shall maintain their current wage rate and shall receive the wage increases scheduled for each of January 1 2016, 2017 and 2018.

2. All employees that are not encompassed by the wage grid in Schedule "A" (i.e., those employees that were hired on or before January 1, 2011) shall receive a 2.25% increase to their wage rate on January 1, 2016, January 1, 2017 and January 1, 2018.

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