COLLECTIVE AGREEMENT

This Agreement made this 3rd day of September, 2017

between

OPGI Management Limited Partnership

hereinafter referred to as the "Company"

and

Unifor

and its LOCAL 414

hereinafter referred to as the "Union"

September 3, 2017- September 2, 2020

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TABLE OF CONTENTS

ARTICLE 1- INTENT AND PURPOSE ..................................................................................................... 3

ARTICLE 2- SCOPE AND RECOGNITION •••••••••••••••.•.•••••••••••••••••••••••••••.....•••••••..••••••••••••••••••••••...••••••••••• 3

ARTICLE 3- NO DISCRIMINATION •••••••••••••••••••••••••.•.•••••••••••••......••••••••..••••••••.•••••••••••••••••••••••••.••••••••••• 4

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

ARTICLE 5 - MANAGEMENT RIGHTS ................................................................................................... 5

ARTICLE 6- UNION COMMITTEES AND STEWARDS ............................................................................. 6

ARTICLE 7- GRIEVANCE PROCEDURE .......................... , ....................................................................... 6

ARTICLE 8- ARBITRATION .................................................................................................................. 9

ARTICLE 9- NO CESSATION OF WORK .............................................................................................. 10

ARTICLE 10 - SENIORITY .................................................................................................................... 10

ARTICLE 11- PROBATIONARY EMPLOYEES ............................................................................................... 11

ARTICLE 12- REDUCTION IN FORCE .................................................................................................. 11

ARTICLE 13- LEAVE OF ABSENCE ............................................................................... ................................ 11

ARTICLE 14- BEREAVEMENT LEAVE .................................................................................................. 12

ARTICLE 15- LEAVE OF ABSENCE FOR UNION BUSINESS ......................................................................... 13

ARTICLE 16- MATERNITY LEAVE/PARENTAL LEAVE .......................................................................... 13

ARTICLE 17 -JURY AND WITNESS DUTY .................................................................................................... 14

ARTICLE 18- HOURS OF WORK AND OVERTIME ............................................................................... 14

ARTICLE 19- ANNUAL VACATION LEAVE .................................................................................................. 15

ARTICLE 20- PAID HOLIDAYS ........................................................................................................... 17

ARTICLE 21- WAGES ....... ............................................................................................................................ 18

ARTICLE 22- BENEFIT PROGRAM ........................................................................................ , ............ 18

ARTICLE 23 - HEALTH AND SAFETY ............................................................................................................ 18

ARTICLE 24 - GENERAL ...................................................................................................................... 19

ARTICLE 25 -COPIES OF AGREEMENT ............................................................................................... 24

ARTICLE 26- DURATION OF AGREEMENT ......................................................................................... 24

APPENDIX "A"- WAGES ................................................................................................................... 25

APPENDIX "B"- BENEFIT PROGRAM OVERVIEW ............................................................................... 26

APPENDIX "C"- LmER OF UNDERSTANDING- LOCAL 414 EDUCATION FUND ................................... 28

APPENDIX "D"- LETTER OF UNDERSTANDING- SOCIAL DEVELOPMENT FUND .................................. 29

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ARTICLE 1 - INTENT AND PURPOSE

1.01 The purpose of the Agreement is to establish and maintain an orderly collective bargaining relationship between the Company and its Maintenance and Operator Employees, to set forth all agreements concerning rates of pay, hours of work and working conditions to be observed by the parties hereto, and to provide an amicable method of settling any differences that may arise in the interpretation, application, administration or alleged violation of the Agreement.

1.02 It is understood that any practice by the Company, outside the scope of this agreement, does not create any obligations on the Company and may be changed or discontinued at any time.

ARTICLE 2 -SCOPE AND RECOGNITION

2.01 The Company recognizes the Union as the sole and exclusive bargaining agent for all Maintenance and Operator Employees of OPGI Management Limited Partnership employed at the Scarborough Town Centre, in the City of Toronto, save and except supervisors, persons above the rank of supervisor, office and clerical staff, customer service staff and persons covered by existing collective agreements.

2.02 The word "employees" or "employee" wherever used in the Agreement shall mean respectively a Maintenance and Operator Employee in the bargaining unit described in Article 2.01.

2.03 Whenever the singular or masculine is used in this Agreement, it shall be considered asif the plural or feminine has been used where the context of the party or parties so requires.

2.04 (a) It is acknowledged and agreed by both parties that the Company may employ students or temporary employees during the vacation period of an employee or during the absence of an employee and that such students or temporary employees will not be covered by the collective agreement or required to join the Union or pay union dues. It is further understood and agreed that such employment situations will not extend beyond a ninety (90) day consecutive employment period or the length of the absence of the employee being replaced, if longer.

(b) In addition, other officials of the Company may perform work on any job normally performed by an employee for purposes of instruction, experimentation, in cases of emergency and where regular Maintenance and Operator Employees are not available or able (for any reason) to do the work.

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(c) It is acknowledged and agreed by both parties that, during peak business seasons, the Company may employ temporary employees, and/or students to supplement the staff complement.

2.05 Full-time Maintenance and Operator Employees are those who are regularly scheduled to and normally work in excess of twenty-four (24) hours per week.

ARTICLE 3- NO DISCRIMINATION

3.01 The Company and the Union agree that there will be no discrimination, intimidation, interference, restraint or coercion exercised or practised upon any Maintenance and Operator Employee because of membership or non-membership in the Union.

3.02 The Union agrees that neither its officers nor members will use any coercion, intimidation or discriminatory action in obtaining new members or in persuading any of its members to participate in its activities. The Company agrees that it will not use any coercion, intimidation or discriminatory action to induce an employee to refrain from becoming or cease to be a member or officer of the Union.

3.03 The Company and the Union further agree that there will be no discrimination against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, marital status, record of offenses, family status, gender identity, gender expression, disability or sexual orientation.

3.04 There shall be no solicitation of members, collection of dues, or other Union activity during working hours, except with the prior written consent of the Company.

ARTICLE 4- UNION SECURITY

4.01 All present employees of the Company in the bargaining unit shall be and remain members of the Union for the duration of the Agreement as a condition of employment, and all new employees in the bargaining unit shall, as a condition of employment and not later than thirty (30) days after being hired become members and remain members for the life of the Agreement, and in either case, the employees shall be required to authorize payment of dues by checkoff as hereinafter provided.

4.02 The Company will deduct from the pay of each member current union dues and initiation fees in accordance with the Union Constitution per pay period upon proper authorization by the employee. Such authorization shall be given to the Company on a properly authorized form to be signed in duplicate by each member. The Company shall retain one copy of the form and the Union shall receive the other. The first dues deduction from the pay of a new member shall be considered as the initiation fee.

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The Union will provide written authorization, from the members to the Employer, for the collection of dues deductions and transmission of dues and personal information to the Employer.

The deduction of union dues will be made from wages earned by the member in the first pay period of each month. Once each month, the Company shall remit to the local Union Office, duly registered in .writing by the Company, all union dues collected as above. The Union will provide the Company with a receipt for such monies sent.

The Company shall ensure that T4 personal tax documents reflect union dues deducted by the Company during the respective taxation year.

ARTICLE 5- MANAGEMENT RIGHTS

5.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Company except as specifically limited by the provisions of the Agreement and, without limiting the generality of the foregoing, it is the exclusive function of the Company:

(a) to maintain order, discipline, efficiency and, in connection therewith, to make, alter, and enforce reasonable rules and regulations, which rules and regulations shall not be inconsistent with the provisions of the Agreement;

(b) to hire, transfer, layoff, recall, promote, demote, retire, classify, assign duties, discharge, suspend or otherwise discipline employees, provided that a claim by an employee who has acquired seniority that he has been discharged or otherwise disciplined without just cause may be the subject of a grievance under Article 7 of the Agreement;

(c) to reduce the number of Maintenance and Operator Employees in events, such as if the work load decreases as a result of tenant vacancy or discontinuation of all of part of the Company's business while under demolition, construction, or reconstruction of the shopping centre premises or for any other reason that would warrant a reduction of the workforce. Where possible, the Company will provide the Union with prior notice of two (2) weeks where staff reduction becomes necessary.

(d) generally to manage the business in which the Company is engaged including determining work assignments and work schedules, hours of and methods of operation, qualifications of employees and standards of performance in accordance with the Collective Agreement.

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ARTICLE 6 - UNION COMMITTEES AND STEWARDS

6.01 The Company agrees to recognize the following committees of the Union to represent the employees for the purposes described herein:

(a) a negotiating committee comprised of not more than two (2) Maintenance and Operator Employees, selected by the Union to act on behalf of the Union in negotiating a Collective Agreement, or renewal thereof, with the Company; and

(b) a grievance committee comprised of two (2) Stewards selected by the Union to assist in the investigation and/or presentation of any proper grievance that may arise. It is agreed that only one (1) steward will be called upon to handle and/or present a grievance at any one time.

6.02 The members of the negotiating committee and the Steward shall be employees who have completed their probationary period.

6.03 The Union shall provide the Company with lists of the employees on the negotiating and grievance committee at the time of the signing of the Agreement and within five (5) days of any change to either list during the term of the Agreement.

6.04 The Union acknowledges that each member of the grievance committee has regular work to perform and that he shall only absent himself from such work with the prior permission of his Supervisor and, upon resuming his regular duties, he shall again report to his Supervisor. A member of the grievance committee shall not lose pay for time spent during his regular scheduled working hours while meeting with the employer to discuss grievances.

6.05 Items of concern, which are not subject to the grievance procedure, may be handled through discussion at a meeting requested by either party. Said meetings will be scheduled by the Company at monthly intervals (by the Operations Manager). Items for discussion will be submitted to the Operations Manager, and/or General Manager and will be included on an agenda which will be distributed one (1) week in advance of the meeting date. In the event that neither party has any items for discussion, the monthly meeting can be waived.

ARTICLE 7 - GRIEVANCE PROCEDURE

7.01 It is the mutual desire of the parties that complaints concerning the interpretation, application, administration or alleged violation of this Agreement shall be addressed as quickly as possible. An employee shall attempt to settle any complaint or disagreement with his Supervisor before presenting a grievance in writing.

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7.02 Should any difference arise between the Company and any of the Maintenance and Operator Employees as to the interpretation, application, administration or alleged violation pursuant to Article 7.01, an earnest effort shall be made to settle such difference in the following manner:

7.03 STEP ONE Provided that the complaining employee has brought the complaint or disagreement to the attention of his/her Supervisor and that it was not able to be satisfactorily resolved; within five {5) days after the alleged grievance has arisen or it ought to have been known to have arisen, the employee, who may request the assistance of his Steward, shall present his grievance in writing, on a grievance form. Notice of Grievance must be delivered, in person by the griever or his/her union steward or representative, to the Operations Manager, Maintenance Manager, Energy and Technical Services Manager, the General Manager at Scarborough Town Centre or the Manager, Resources at OPGI Management Limited Partnership in order to be deemed delivered. The grievance must be signed and must indicate the Article{s) in the agreement which have allegedly been violated and the nature of the grievance. No grievance shall be considered unless such articles are stated in the grievance form. The Company shall provide a written response to the grievance within five {5) days of receipt. If the grievance is not resolved, then:

7.04 STEP TWO Within five {5) days after the decision of Step One has been or should have been given, the Union may present the written grievance to the General Manager, or a person or persons designated by him/her to handle such matters at Step Two. The General Manager, or his designate, shall schedule a meeting, at a time which is mutually agreeable to both parties, to be held within ten {10) days from the time when such grievance was presented to him, or his designate. At the Step Two meeting, the member may be accompanied by his Chief Steward, and the General Manager, or his designate, may be accompanied by Counsel and such other assistance as he so desires. The Staff Representative of the Union may be present at the meeting. The General Manager, or his designate, shall give a decision, in writing, on behalf of the company within seven {7) days immediately following the date of such meeting.

7.05 Either party may, within three {3) days following the Employer's Step Two decision, provide a written request to the other party to participate in voluntary grievance mediation. Should the parties agree to attempt to mediate the grievance, they will jointly agree upon an appropriate mediator and shall share the mediator's costs on a 50/50 basis. If there is no agreement to proceed to mediation, all mandatory time limits in both the grievance procedure and the arbitration procedure remain in place.

GENERAL PROVISIONS 7.06 In the event that two {2) or more Maintenance and Operator Employees have

grievances relating to the interpretation, application, administration or alleged violation of the provisions of the Agreement which are sufficiently common in nature that they may be conveniently dealt with together, such grievances shall constitute a group

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grievance and it shall be presented at Step Two within three (3) days after the alleged grievance has arisen. A grievance involving two (2) or more Maintenance and Operator Employees shall be presented by not more than two (2) of the employees in the group grievance.

7.07 Any grievance which arises directly between the Company and the Union concerning the interpretation, application, administration or alleged violation of the provisions of the Agreement, which grievance shall constitute a policy grievance, may be submitted by either of the parties to the other. Notice of the grievance shall be given in writing within ten (10) days of the occurrence of the matter giving rise to the grievance. The General Manager, or his designate, shall schedule a meeting between the grievance committee, the Staff Representative and the Company Representatives designated for that purpose, to be held within ten (10) days after notice has been given by either of the parties to the other. The decision of the party being grieved against shall be given in writing within ten (10) days following the date of such meeting. If no settlement is reached the grievance may be referred to arbitration in accordance with the provisions of Article 8 of the Agreement.

7.08 The Company shall, from time to time, notify the Union in writing of the names of the Company representatives and designated alternates appointed for purposes of the grievance procedure.

7.09 The time limits in this grievance procedure and Article 8, Arbitration, are mandatory. Any and all of the time limits set forth in Article 7 for the taking of action by either party or by an employee may be extended at any time by mutual agreement of the parties in writing.

7.10 Any reference to days in this Article and Article 8 shall mean Monday to Friday and shall not include weekends or holidays.

DISCHARGE AND SUSPENSION 7.11 If a Maintenance or Operator employee believes that he has been discharged or

suspended without just cause, the grievance shall be presented at Step Two within three (3) days after notice has been given to the employee.

7.12 In the event that a Maintenance or Operator employee, who is required to operate a Company vehicle, has his/her driver's licence suspended or withdrawn, the Company shall attempt to provide alternate duties for such employee. If the employee does not possess the skills and ability or the seniority to perform such duties, he/she may be subject to layoff until such time as his/her driving privileges are restored.

7.13 In the event that a Maintenance or Operator employee is charged with a criminal offence, the Employer shall have the right to suspend the employee, without pay, pending final disposition of the matter by a Court of Law or, if circumstances warrant, in

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the opinion of the Company, discharge the employee immediately provided that the charge relates to a duly bonafide job concern.

ARTICLE 8- ARBITRATION

8.01 In the event that either party desires to submit to arbitration a grievance that has not been settled under the provisions of Article 7, it shall notify the other party in writing within ten (10) days from the decision of the Company under Article 7.04 o'r Article 7.07 or of the Union under Article 7.07.

In the event that the parties proceed to voluntary grievance mediation and a mediated resolution is not achieved, the matter may only be referred to arbitration within ten (10) days from the date upon which the parties last met with the mediator.

8.02 The written reference referred to in Article 8.01 shall contain the names of three (3) proposed arbitrators from the list of arbitrators approved by the Office of Arbitration. The recipient of such notice shall, within five (5) days of the receipt of the notice, agree to one (1) of the above-mentioned proposed arbitrators or propose the names of three (3) different arbitrators from the list of arbitrators approved by the Office of Arbitration, in the written reply thereto.

8.03 In the event that the parties fail to agree upon an arbitrator, either party may request that the Minister of Labour appoint an arbitrator pursuant to Section 48(4) of the Labour Relations Act. S.O. 1995, c.1, as amended.

8.04 Each grievance submitted to arbitration shall be heard separately unless otherwise mutually agreed.

8.05 The issue(s) raised in the written grievance shall be presented to the arbitrator and the award shall be confined to such issue(s). The decision of the arbitrator shall be final and binding on the parties to the Agreement.

8.06 In no case shall the arbitrator be authorized to alter, modify or amend any part of the Agreement.

8.07 The parties will each pay one-half of the remuneration and expenses of the arbitrator selected by the parties or appointed by the Minister.

8.08 No matter may be submitted to arbitration that has not been properly carried through all of the steps of the grievance procedure and within the time limits specified or any agreed upon extension.

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ARTICLE 9- NO CESSATION OF WORK

9.01 The Union agrees that there shall be no strike, stoppage, slowdown or restriction of work or threat thereof during the life of the Agreement and that the Union will not call or authorize and no employee shall take part in, instigate or threaten any such strike, stoppage, slowdown or restriction of work.

9.02 Provided that the Union honours the commitment in 9.01, the Company agrees that there shall be no lockout during the life of the Agreement.

ARTICLE 10 - SENIORITY

10.01 The seniority of an employee means the length of his continuous service with the Company since the date of his most recent hiring by the Company, except as expressly provided herein.

10.02 The seniority of an employee shall be completely lost and he shall be automatically terminated if he:

(a) quits, (b) is discharged and not reinstated in accordance with the provisions of this

Agreement, or (c) is absent from work for three (3) or more consecutive days without notifying the

Company. (d) is absent from work due to sickness or a non-compensable injury for a period of

three (3) or more days without providing the Company with a medical certificate from a qualified medical practitioner as to the reason and necessity for such absence if requested to do so; or

(e) is laid off for a period in excess oftwelve (12) months; or (f) is absent due to sickness or a non-compensable injury for a period in excess of

twenty-four (24) months; or (g) fails to notify the Company of his intention to return to work within seventy-two

(72) hours of being given notice of recall or fails to return to work within five (5) days of the date of recall as set out in the notice of recall. This time period may be extended by mutual consent of both parties.

(h) is off work, on Workplace Safety and Insurance Board (WSIB) benefits, for a period in excess of twenty-four (24) months.

(i) uses a leave of absence other than the purpose for which it was granted.

10.03 The Company will continue to provide all benefits, as set forth in the Agreement, to a full-time employee who is absent from work because of layoff for a period of ninety (90) days.

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10.04 The Company will provide the Union with a current seniority list showing each employ~e's seniority date, classification and rate of pay, every six {6) months. This will also be posted on the bulletin board in the maintenance office.

10.05 The Company will notify the Union or its designate of all suspensions, terminations, layoffs and recalls, in writing, within two {2) days of the event.

ARTICLE 11- PROBATIONARY EMPLOYEES

11.01 Notwithstanding anything in the Agreement, a person shall be considered to be a probationary employee and he shall have no seniority until he has actually worked ninety {90) days within a one {1) year period at which time he shall become entitled to seniority dated from his last hiring with the Company.

11.02 The probationary period of an employee may be extended upon the mutual written consent of the Company and the Union.

ARTICLE 12- REDUCTION IN FORCE

12.01 In any case of reduction in force, the Company shall conduct layoffs as follows:

a) firstly, those employees whose employment status is part-time; b) secondly, those employees whose employment status is full-time.

In any case of recalls, the Company shall:

a) firstly, recall those employees whose employment status is full-time; b) secondly, recall those employees whose employment status is part-time.

Within each of the above groups, seniority will be observed in determining which employees will be laid off or recalled provided that the employee has the qualifications for the position.

ARTICLE 13 - LEAVE OF ABSENCE

13.01 The Company may grant a leave of absence, of up to one {1) month without pay, to a Maintenance or Operator employee who has completed his probationary period, provided that:

(a) the employee has a minimum of one {1) year of continuous service;

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(b) the employee gives notice, in writing, to his Supervisor of his request for a leave of absence, at least fifteen (15) days prior to the proposed commencement of the leave-of-absence (except in the case of emergency);

(c) the proposed leave of absence can be arranged without undue inconvenience to normal operations in the judgement of the Company; and

(d) Not more than one (1) member shall be on a leave of absence at the same time. A second employee in another classification may be granted a leave-of-absence as above provided that replacements are available to cover the shifts and that it does not present a hardship to the Company.

(e) A leave of absence will not be granted more than once every two (2) years, per individual.

(f) A leave may be extended for an additional thirty (30) day period provided that the Company is provided with minimum advance notice, in writing, of ten (10) days prior to the commencement of such extension and said extension does not represent an inconvenience to the Company (ie. Other employees on leave).

(g) If an employee obtains any type of gainful employment during their leave of absence, they will be deemed to have resigned from their position with Oxford and his/her employment and benefits coverage will be terminated.

13.02 Applicants must indicate, on forms provided by the Company, the reason(s) for their leave of absence and the date of departure and return when giving their request for a leave of absence.

ARTICLE 14- BEREAVEMENT LEAVE

14.01 (a)

(b)

When a relative of an employee shall die, the employer shall grant an excused absence from the hours the employee is scheduled for work in his regular work week of three (3) working days, for purposes of making arrangements and attending the funeral, and will pay the employee for the scheduled hours not worked during the said three (3) days at the employee's regular hourly rate, provided that, upon request, he furnishes the employer with satisfactory proof of death.

The word "relative" as used in this article, shall include only spouse or common law spouse, son, daughter, step-son, step-daughter, father, mother, step­mother, step-father, father-in-law, mother-in-law, sister or brother, grandparent, grandchild, son-in-law, daughter-in-law or the grandparent of the spouse of an employee.

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(c) Employees shall be entitled to one (1) day off, with pay, for the purpose of attending the funeral of an aunt, uncle, nephew or niece of the employee.

(d) The days which are thus paid for will be counted as days worked for the determination of the sixth day of work in the work week and also as days worked for the purpose of establishing eligibility for holiday pay.

(e) Should any employee be required to travel out of the country to attend the

funeral of a relative; he shall request an extension of Leave, in writing. Such

Leave shall be without pay and will not be unreasonably withheld.

ARTICLE 15- LEAVE OF ABSENCE FOR UNION BUSINESS

15.01 (a)

(b)

(c)

An employee who has completed his probationary period and who has been elected or appointed by the Union to attend Union Conventions, Conferences, or any labour activity, will be granted a leave of absence not to exceed two (2) weeks for this purpose. Such leave will be without pay and without loss of seniority. The number of employees granted such leave will not exceed one (1). The Union may request that the number of employees requesting such leave be two (2) and, where it does not create a hardship for the Company, permission will not be unreasonably withheld. The appropriate representative of the National Union or the Local Union President will inform the employer, in writing, of the names of such employees at least four (4) weeks in advance of the commencement of such leave.

The number of leaves granted to an employee, under the provisions of 15.01(a) is limited to not more than two (2) per calendar year unless additional leaves can be arranged without undue hardship to the Company.

The Company shall grant a leave of absence of up to (3) three years for an employee who is elected to the Union Office as President of the Local. During that three (3) year period, the employee will retain seniority rights and the Union will pay for the employee to maintain all required training certifications specified by the Operations Manager.

ARTICLE 16- MATERNITY LEAVE/PARENTAL LEAVE

16.01 A Maintenance or Operator employee will be entitled to maternity and/or parental leaves in accordance with the provisions of the Ontario Employment Standards Act 2000, s.o., 2000 ch. 41, as amended.

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ARTICLE 17- JURY AND WITNESS DUTY

17.01 An employee who has completed his probationary period who is required and reports for jury duty or who is subpoenaed as and reports as a Crown Witness, and has notified the Employer promptly and in advance shall, for any necessarily lost time from his regularly scheduled work as a result thereof, be paid the difference between his regular rate of pay and the payment he receives for jury service to a maximum of thirty (30) days per year.

The employee will present proof of the amount received for jury duty or as a Crown Witness. Allowance for meal and travel expenses shall not be taken into account when calculating such difference in pay, nor will any compensation received for jury duty on a day that the employee was not otherwise scheduled to be at work.

ARTICLE 18- HOURS OF WORK AND OVERTIME

18.01 Each working day shall be comprised of eight (B) hours per day including a thirty {30) minute paid lunch period and two (2) fifteen minute paid rest periods. This is not to be construed as a guarantee of hours of work in a day or week.

For part-time employees, working less than a five (5) hour shift, a paid fifteen (15) minute rest period will be provided.

18.02 The timing of paid lunch periods and paid rest periods will be determined by the Company based upon operational needs. It is understood and agreed that, in the event of an emergency or request for assistance, employees are required to respond regardless of whether or not they are on duty or on a paid lunch break or rest period.

18.03 Overtime will be paid for hours worked in excess of eighty (SO) hours in a two week pay period. The Company will assign required overtime to the employees in the classification performing the work, on a rotating basis. These opportunities will rotate through the full list of qualified employees in the classification, in order of seniority. Part time employees may be assigned to backfill planned absences. These assignments will be outside of the overtime assignment process.

18.04 ON-CALL PAYMENTS

A $100 on call payment per week will be made to an employee assigned to be on call. On call employees must be available, free to work, able to arrive at work within one hour, and answer any phone calls from the property within a maximum of a fifteen minute window. If an employee is required to come into the shopping centre to respond to a call, he will be paid a minimum of four (4) hours to compensate for hours worked in addition to the $100 premium. If an employee does not respond to a calt the week's premium will not be paid. If an employee cannot complete the required task independently, he will call his department Supervisor or Manager for further direction.

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ARTICLE 19- ANNUAL VACATION LEAVE

19.01 All full-time Maintenance and Operator Employees shall be entitled to an annual vacation based on seniority as at June 1st every year, in accordance with the following:

(a) for an employee with less than one year's service as at June 1st, entitlement at the rate of one (1) day for each completed month of seniority, to a maximum of ten (10) days for the following year.

(b) an employee, with more than (1) year's service as at June 1st, shall receive a two (2) week vacation for the following year.

(c) an employee, with more than three (3) years' service as of June 1st, shall receive three (3) weeks of vacation for the following year.

(d) an employee with more than eight (8) years' service as of June 1st, shall receive four weeks of vacation for the following year. For those employees hired prior to June 1, 2015, an employee with more than five (5) years' service as of June 1st shall receive four weeks of vacation for the following year.

(e) For those employees hired prior to June 1, 2015, an employee with more than fifteen (15) years' service as of June 1st shall receive five weeks of vacation for the following year.

(f) If an employee has taken at least two (2) weeks of vacation over the past twelve

(12) months, he may request a payout of his previous years' accrued and unused banked vacation. For these purposes, vacation is defined as scheduled physical

time off work that draws from your vacation bank. Current year vacation

entitlement cannot be paid out. All requests for a payment of vacation per the

terms above must be submitted in advance, in writing, to your manager during the month of your anniversary with the Company. Should an exceptional

situation arise where an employee needs access to their payout outside of their

anniversary month, an employee can submit a payout request in writing and this

will be considered on a case by case basis. Requests will not be unreasonably

denied.

19.02 All part-time Maintenance and Operator Employees shall be entitled to an annual vacation based on seniority as at June 1st every year, in accordance with the schedule noted in clause 19.01 but, prorated in accordance with their average work week. (e.g. If an employee's regular work week is comprised of two (2) days, he would be entitled to four (4) days' annual vacation after completing one (1) full calendar year of service.).

19.03 "Vacation Year" means a twelve (12) month calendar year (June 1st to May 31st).

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19.04 Employees shall receive their vacation pay, in an amount equal to their usual earnings for the actual work days taken as vacation; subject to the employee having accumulated sufficient vacation pay in their vacation pay bank. Vacation Pay will be paid along with the regular payroll being administered at the time in which the vacation time falls. For employees entitled to annual vacation of two (2) weeks or less, vacation pay will accrue at the rate of four percent (4%) of wages paid in the previous vacation year less vacation pay paid. For employees entitled to annual vacation of three (3) weeks, vacation pay will accrue at the rate of six percent (6%) of wages paid in the previous vacation year less vacation pay paid. For employees, entitled to annual vacation of four (4) weeks, vacation pay will accrue at the rate of eight percent (8%) of wages paid in the previous vacation year less vacation pay paid.

19.05 The Company and the Union agree that it is in the interest of both parties that vacation entitlement be used in the year in which it is earned. However, it is understood that any unused vacation beyond the two (2) weeks minimum may, with approval of the Company, be carried over to September 1 of the following vacation year. Such approval will not be unreasonably withheld. In such cases, the employee will schedule his or her carried forward vacation time with a member of the Operations management team no later than the end of the current vacation year. Failure to take carried-over vacation by September 1st, of the following vacation year will be lost.

19.06 Employees shall submit their requests for vacation in writing at least four (4) weeks prior to the date they wish to commence their vacation and can request vacation in increments of one (1) day up to their full entitlement for that year at one time. The Company may restrict employees to no more than two (2) consecutive vacation weeks at one time. Vacations will be approved by the Operations Manager, Maintenance Manager, Energy and Technical Services Manager, or Maintenance Supervisor subject to business requirements.

Approval for vacation requests will not be unreasonably withheld. Only one employee per classification will be permitted vacation at one time. There will be no bumping of approved vacation. If two or more employees request vacation time for the same period of time at the same time, the employee who is most senior will be granted the vacation. If a more senior employee requests time that has already been granted and approved to another employee, his request will only be considered on the basis of business needs. This late request will not bump another employee's vacation.

Once vacation time is approved, no changes will be permitted unless the change is to a time not already approved for another employee and is subject to business requirements and Operations Manager, Maintenance Manager, Energy and Technical Services Manager, or Maintenance Supervisor approval.

All Maintenance and Operator Employees who are entitled to two (2) or more weeks of annual vacation must take a minimum of two (2) weeks of vacation time in the current year.

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19.07 During the period of December 1st to December 31st each year, vacation leave will not normally be allowed. In the event of an emergency, the Company may grant vacation during this period provided that there is limited interruption.

ARTICLE 20- PAID HOLIDAYS

20.01 For the purposes of the Agreement, the following days are recognized as paid holidays for Maintenance and Operator Employees on the active payroll who have completed their probationary period.

New Year's Day Family Day Good Friday

Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgiving Day Christmas Day Boxing Day

'

20.02 Statutory holidays will be paid in accordance with the Ontario Employment Standards Act, 2000.

20.03 An employee who qualifies for holiday pay in accordance with Article 20.02, shall be paid for his usual work hours (not to exceed eight (8) hours) at his regular basic hourly rate for each of the foregoing paid holidays. If any of the paid holidays fall on a scheduled day off or during his vacation, and he qualifies under Article 20.02 of the Agreement, he shall receive a day off with regular pay to be taken at a time agreed to by the Company and the employee. Said alternate day off shall be scheduled and taken as per ESA.

20.04 If an employee who qualifies for holiday pay in accordance with Article 20.02 is required by the Company to work on any of the above holidays, he shall be paid:

(a) one and one-half (11/2) times his regular basic hourly rate for the hours worked on the holiday in addition to his holiday pay;

or

(b) his regular basic hourly rate for the hours worked on the holiday and one (1) day off at his regular basic hourly rate to be taken at a time agreed to by the Company and the employee.

20.05 Full-time Maintenance and Operator Employees hired after June 1, 2015, moving from one residence to another, will be allowed one (1) day's leave of absence, with pay at his usual rate, if the move occurs on a scheduled work day. Such moving days are limited to not more than one (1) per calendar year. Requests for moving days will be submitted in writing one (1) week in advance.

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For those employees hired prior to September 3, 2015, employees will be entitled to

five (5) paid personal time off days. These days can be used for personal/family-related

reasons (i.e. childcare or eldercare emergencies, observing non-statutory holidays,

cultural holidays, moving, and attending medical and dental appointments, etc.) in full

or half day increments.

ARTICLE 21- WAGES

21.01 The Company and the Union agree that the scale of wages is as set out in Appendix "A" attached and pertains to employees on the active payroll as at the date of ratification.

ARTICLE 22- BENEFIT PROGRAM

22.02 All full-time Maintenance and Operator Employees, covered by this Agreement who have completed their probationary period, will be enrolled in a Health Benefits Program as outlined in the attached summary (referred to as "Appendix B"). All premiums associated with this coverage will be paid by the Company.

Coverage ceases immediately upon termination of employment. An Employee who has been terminated and subsequently reinstated through Arbitration is not eligible for Weekly Indemnity or Long Term Disability coverage until their first actual day back at work after reinstatement.

The attached summary is a brief overview of the program. It does not constitute the group policies and is provided for information only, if there is any question of interpretation, all rights with respect to an insured person will be governed solely by the group insurance policies issued to OPGI Management Limited Partnership by the respective insurance earners.

ARTICLE 23 - HEALTH AND SAFETY

23.01 The Company and the Union recognize the benefits to be derived from a safe and healthy place of employment. It is agreed that the Company, Maintenance and Operator Employees, and the Union will cooperate fully to promote safe work practices, health conditions and the enforcement of safety rules and procedures.

23.02 The Union will appoint a Health and Safety Representative to the Joint Health and Safety Committee at Scarborough Town Centre.

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ARTICLE 24 - GENERAL

24.01 Employees are required to present a doctor's certificate in a form acceptable to the Company:

(a) if requested by the Company due to frequent absenteeism; (b) if they are absent for three (3) consecutive days due to illness; or (c) if requested by the insurance carrier.

For the purpose of definition, frequent absenteeism is identified as a pattern of regular absences including, but not limited to, more than two (2) days per month.

The Company reserves the right to require an employee to visit a specialist to ensure the employee is fit to return to work or determine if the employee is capable of modified work.

24.02 If an employee is off work due to illness for three (3) or more consecutive shifts, he/she will be required to report to their next scheduled shift with a doctor's certificate, confirming the employee's readiness to return to duty, prior to being permitted to work. Failure to provide a doctor's certificate will result in that employee being sent home without pay until such certificate is presented.

24.03 The Union agrees that, where notification by the Company to the Union or its designate is required, the Company may satisfy this requirement by directing such notice to a Union Steward.

24.04 The Company provides an eating area for staff which includes a microwave oven for their use. Employees must maintain good housekeeping practices during such use or the privilege may be withdrawn.

Employees will not eat in the mall level areas, food court or restaurants within Scarborough Town Centre, when on duty or in uniform.

Employees will only visit tenant spaces for business purposes, while on duty or in uniform, unless prior authorization to attend tenant spaces for personal reasons is obtained from the Operations Manager.

24.05 The Company will continue to supply employees with a change room and lockers. The Company reserves the right to change the location or alter the change room, as required by the Company.

Employees must maintain good housekeeping practices all at times when utilizing the facility.

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24.06 The Company will reimburse each employee up to One Hundred and Seventy Five dollars ($175) in any twelve (12) months period toward the cost of purchasing one (1)

pair of safety shoes provided that the safety shoes purchased are in accordance with the

safety and dress code requirements, and upon submission of a receipt showing proof of

purchase.

In addition to the annual shoe allowance claim referenced above:

Exterior Maintenance Employees will be permitted to submit one additional claim in any twelve (12) months period of up to $175 to accommodate one pair of summer safety boots and one pair of winter safety boots in accordance with the safety and dress code requirements.

Building Operators A/B, Helper and Interior Maintenance Employees will be permitted one additional claim in any twenty-four (24) months period for safety winter boots, if required for their job.

Such requests for reimbursement will be submitted to the Operations Manager, Maintenance Manager, Manager Energy and Technical Services or Maintenance Supervisor.

It is expected that the safety shoes/boots must be worn at all times, when on shift, when on duty.

24.07 CHANGING OF SHIFTS Full time Maintenance and Operator Employees are allowed the right to request a

maximum of three (3) shift changes per week within their classifications and part time

Maintenance and Operator Employees a maximum of two (2) shift changes per week

and one (1) full week shift change per year within their classification regardless if they

made the request or accommodate the request. These shift changes are subject to

employees arranging such changes between themselves; not inconveniencing the

Company; obtaining permission from Management, in advance; providing that the

Company shall not be liable to pay any overtime or meal allowance in respect to any

such change; providing that the employee is trained and not subject to restriction in the

specific duties of the employee requesting the change.

Requests for such schedule changes will be documented and presented to the

Operations Manager, Maintenance Manager, Energy and Technical Services Manager, or

Maintenance Supervisor, using the Request for Shift Change Form. This form must be

signed by both employees and the Operations Manager, Maintenance Manager, Energy

and Technical Services Manager, or Maintenance Supervisor, for consideration at least

two (2) working days prior to the scheduled shift before the request is deemed

approved.

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Any under or overpayments to employees, owing as a result of shift changes will be

adjusted on the payroll for the following pay period.

For clarification, 'shift' refers to an eight (8) hour day and does not refer to an entire week's shift rotation.

24.08 REPORTING TO WORK An employee prevented from reporting for work by reason of sickness or other sufficient cause shall notify the Company as follows:

a) Any shift commencing prior to 9:00am -one (1) hour prior to commencement of shift.

b) Any other shift- four (4) hours prior to commencement of shift.

Notification by employees of their inability to report for a shift must be made by either

texting, emailing and/or speaking directly with their Supervisor and/or Manager.

Continuation of inability to report for subsequent shifts shall require notice prior to each

scheduled shift.

An employee failing, without a reason acceptable to the Company, to comply with the foregoing provision shall be subject to discipline.

24.09 An employee must be ready for duty and in full uniform as per Company guidelines upon commencement of shift and shall remain in full uniform until the end of said shift.

An Employee not in full uniform may be subject to written discipline and may be sent home without pay for the shift if he is unable to present himself in full uniform within thirty (30) minutes of the shift commencement.

All new hire Maintenance and Operator Employees will receive the following uniform:

7 Shirts 7 Pants 1 Belt 1 Winter Jacket

On an annual basis each September, Employees will have the opportunity to replenish up to 3 shirts, 3 pants and 1 belt.

Should an Employee require a replacement outside of this time due to wear and tear or damage, a replacement will be granted at Management's discretion.

Winter jackets will be replaced on an as needed basis at Management's discretion.

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24.10 CONTINUING EDUCATION Employees will be reimbursed up to a total of $1500.00 annually for job related:

• Courses, upon completion and with a passing grade; • Seminars, with proof of enrolment and payment

• Licenses; • Memberships

Management approval is required prior to enrolment. Courses and Seminars must be completed outside of Employee's scheduled working hours.

Mandatory job-specific training will continue to be provided by the Company, at the discretion of the Company.

24.11 COMPANY EQUIPMENT Employees are required to handle and maintain any and all Company equipment, which is provided to them for their use in the performance of their function as a Maintenance or Operator employee, with due care and regard and in accordance with the policies and guidelines for the proper handling of such equipment. All Company equipment must be stored in designated tools/ workshop areas. Any employee found to be negligent or having disregard for the care and handling of Company equipment will be subject to immediate discipline and/or discharge.

24.12 OPERATION OF COMPANY VEHICLES The Company has and enforces a strict policy regarding the operation of Company vehicles. Prior to being eligible for any shifts where an employee will be required to operate the Company vehicle, employees will be required to show proof of having a valid Ontario Drivers' License and will provide an abstract of their driving record on request and as may be required from time to time by the Company's insurers.

Any employee who has an accident, where he is deemed at fault with the Company vehicle, will be subject to written discipline and may be suspended from driving the vehicle for a period of one (1) month. If any employee has a second accident within an eighteen (18) month period where he is deemed at fault with the Company vehicle, he will be suspended for a period of 5 unpaid days along with a final written warning and will be suspended from driving the vehicle for a period of one (1) month.

The Company retains the sole right to restrict any employee from driving the Company vehicle where it has concerns about the employee's ability to operate the vehicle safely or in accordance with policy.

Employees are prohibited from utilizing personal vehicles for business purposes while on duty.

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Employees operating a Company vehicle, while on duty, will operate same at all times within established Company policies and procedures and will observe all governing laws and legislation. Employees found to have breached any such policies, procedures, laws and/or legislation will be subject to discipline including possible termination for cause.

Employees are permitted to take Company vehicles off Company property for required business purposes only and requires prior authorization by the Operations Manager.

24.13 Scarborough Town Centre is designated as "non-smoking". As such, smoking on Company property or while on duty is strictly prohibited and will be deemed grounds for discipline. A designated area will be identified for the use of employees who smoke, provided that they are on a scheduled break or lunch period.

24.14 OTHER EMPLOYMENT Employees are restricted from any other employment relationship if such employment:

(a) Conflicts with an employee's ability to report to work OPGI Management Limited Partnership.;

or

(b) Could potentially or will likely be perceived as placing their role as a OPGI Management Limited Partnership employee in conflict with the secondary employer (eg. working for a tenant of Scarborough Town Centre).

Any employee working elsewhere is required to disclose such employment relationship, in writing, to the attention of the General Manager, Scarborough Town Centre, for a decision as to the appropriateness of the employment.

24.15 A Maintenance and Operator Employee's own personnel file is to be made available for

viewing, in the presence of the Supervisor or Manager during mall management office

hours in response to a request made two (2) week days in advance. Such requests will

be directed to the Operations Manager, Maintenance Manager, Energy and Technical

Services Manager, or Maintenance Supervisor. Provided that a Maintenance or

Operator Employee has not been the subject of a written disciplinary warning for a

consecutive twelve (12) month period, he may request that his employment file be

purged of any disciplinary warnings pertaining to the following:

*Lateness;

* Absenteeism;

* Failure to report in full uniform.

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<

ARTICLE 25 - COPIES OF AGREEMENT

25.01 The Company agrees to provide a copy of the Agreement to all present employees and all new employees, within the Bargaining Unit.

ARTICLE 26- DURATION OF AGREEMENT

This agreement shall be effective from September 3, 2017 until midnight on September 2, 2020

and shall continue to remain in effect from year to year thereafter unless notice of desire to

modify or amend is given by either party, in writing, ninety (90) days prior to June 30, 2020 or a

like period in any subsequent year.

In such event, negotiations on any such proposed modification or amendments shall commence

between the parties within twenty (20) days of such notice.

Fort::~- .-

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APPENDIX "A"

WAGES

Effective Effective Effective September 3, September 3, September 3,

2017 2018 2019

Building Operator A $28.02 $28.40 $28.80

Building Operator B $24.40 $24.69 $25.04

Building Operator Helper $20.36 $20.56 $20.76

Interior Maintenance $21.43 $21.69 $21.99

Exterior Maintenance F/T $16.09 $16.74 $17.49

Exterior Maintenance P/T $15.40 $16.74 $17.49

Any employee currently above the prescribed rate of pay will receive a lump sum in the amount

of $1,375 each year. Such lump sum will be paid following ratification on the same date that the

salary increases are paid and each year of the collective agreement on the date that the salary increases are paid.

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APPENDIX "B"

ELIGIBILITY

DEPENDANT

DEFINITIONS

BASIC LIFE

ENHANCED EXTENDED HEALTH

CARE

VISION CARE

DENTAL

BENEFIT PROGRAM OVERVIEW

Following three months of employment, full-time employees will be entitled to the benefits below.

Current spouse, unmarried children time students to age 25, mentally/physically disabled.

under 21, or full­or past 25 if

The employee will be entitled to a life insurance benefit equivalent to 2x regular annual earnings. Benefit will continue on to age 65. Ceases upon termination or retirement. Benefit is 100% Employer paid and a taxable benefit to Employee.

Reimbursement is 100% of eligible costs with an unlimited overall maximum. Annual deductibles of $25 for single coverage and $50.00 for family coverage. Generic drugs only otherwise prescribed by a doctor or no substitutes are available Out of country coverage provided. Benefit is 100% Employer paid

Semi-private hospitalization; $500 combined coverage for paramedical services which shall include services of a naturopath, massage, chiropractor, dietician, services of a speech therapist, psychologist; hearing aids; orthopedic shoes; orthotic inserts.

Vision Care coverage increase from $200 to $300 every twenty four (24) months for each covered person covering eye glasses and contact lenses.

Annual deductibles of $25 for single coverage and $50.00 for family coverage.

Reimbursement Dental Preventative 100% Minor 80%

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Maximum $1500 per year

LONG TERM

DISABILITY

WEEKLY

INDEMNITY

SICK DAYS

PENSION

Major restorative 60%; $2000 per/year including basic. Orthodontics 60%; $2000 lifetime max.

Coverage is 67%. Benefit will be payable from twenty six (26) consecutive weeks. Benefit will continue only to age 65. Benefit premium is 100% Employee paid.

66.67% of weekly earnings. Paid for a max of 15 wks. For illness, after 7 days of uninterrupted total disability or the first day you consult a doctor, whichever is later. For an accident, the date you become totally disabled or the first day you consult a doctor. Benefit will continue only to age 65.

Full time employees will be entitled to ten {10) paid sick days per year. During the first year of an employee's service, sick days will be prorated.

No change to contribution percentages; however we will adjust the plan from a closed plan to an open plan to allow those currently not on the plan, and allow for new hires to join the plan.

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APPENDIX "C"

LETTER OF AGREEMENT- LOCAL 414 EDUCATION FUND

The Employer agrees to pay into a special fund an amount of $300.00 during the first year of

the agreement to provide for a Unifor Paid Education Leave (PEL) program. The purpose of this

program is for the Union and the Employer to mutually benefit from training offered to

Maintenance and Operator Employees in the Bargaining union. Such payment will be remitted

into a trust fund established by the Unifor National Union. Payments will be sent by the

Employer to the following address:

Local 414 Education Fund 274 Alliance Road, Unit 1 Milton, ON L9T 2V2

All requests for training will follow the leave of absence process set out in Collective Bargaining

Agreement.

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APPENDIX "D''

LETTER OF AGREEMENT- SOCIAL DEVELOPMENT FUND

The Employer and the Union are committed to advancing the community that we work

within. The Employer agrees to make a $300.00 donation to the United Way for the purpose

upon ratification of this agreement.

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