united steelworkers local 1-1937 - british columbia · 2011~ 2016 memorandum of agreement between...

35
2016 MEMORANDUM OF AGREEMENT between UNITED STEELWORKERS LOCAL 1-1937 and TYEE CHEVROLET LTD@

Upload: trinhliem

Post on 02-May-2018

215 views

Category:

Documents


1 download

TRANSCRIPT

2011~ 2016

MEMORANDUM OF AGREEMENT

between

UNITED STEELWORKERS LOCAL 1-1937

and

TYEE CHEVROLET LTD@

TABLE OF CONTENTS

Preamble ............................................................................................................................... 6

Article I - Bargaining Agency ............................................................................................. 6 Section 1 - Recognition Section 2 - Seniority Application Section 3 - Meetings Section 4 - Bargaining Authority Section 5 - Access to Operation

Article II - Employee Rights ................................................................................................ 7 Section 1 - Management and Direction Section 2 Hiring and Discipline

Article III - Union Security .................................................................................................. 8 Section 1 - Cooperation Section 2 - Union Shop Section 3 - Maintenance of Membership Section 4 - Discharge of Non-members Section 5 - Union Membership Section 6 - Check-Off Section 7 - Social Insurance Number

Article IV - Shop Committee ............................................................................................ 10 Section 1 - Definition Section 2 - Composition Section 3 - Notification Section 4 - Exceptions

Article V - Hours of Work ................................................................................................ 10 Section 1 - Hours and Overtime Section 2 - Casual Work Section 3 - Tuesday to Saturday Work Section 4 - Rest Periods

Article VI - Technological Change ................................................................................... 11 Section 1 - Advance Notification Section 2 - Retraining Section 3 - Severance Pay

2

Article VII - Wages ........................................................................................................... 12 Section 1 - Rates Section 2 - Flat Differential Section 3 - Rate Revision Section 4 - Shift Differential

Article VIII - Pay Days ..................................................................................................... 13

Article IX - Statutory Holidays ......................................................................................... 13 Section 1 - Recognized Holidays Section 2 - Qualifying Conditions Section 3 - Sunday Holiday Section 4 - Weekly Work Schedule Section 5 - Holiday Shift Section 6 - Anangement for Change

Article X - Vacations with Pay ......................................................................................... 14 Section 1 - One to Four Years' Service Section 2 - Four to Ten Years' Service Section 3 - Ten to Twenty Years' Service Section 4 - Extended Vacation Pay Section 5 - Vacation Time Section 6 - Leave of Absence Section 7 - Employment Standards Act.

Article XI - Call Time ....................................................................................................... 16 Section 1- Where No Work Section 2 - Where Work Commences

Article XII - Health & Welfare ......................................................................................... 16 Section 1 - Institution Section 2 - Insurance Coverage Section 3 - Short Term Disability Section 4 - Long Term Disability Section 5 - Medical Coverage Section 6 - Dental Coverage Section 7 - General Principles

3

Article XIII - Seniority ..................................................................................................... 19 Section 1 - Principle Section 2 - Reduction of Forces Section 3 -Retention During Layoff Section 4 - Job Posting Section 5 - Departments Section 6 - Probationary Period Section 7 - Hiring Preference Section 8 - Absence Without Leave Section 9 - Seniority List Section 10 - Reinstatement Section 11 - Contracting and Sub-Contracting

Article XIV - Leave of Absence ....................................................................................... 21 Section 1 - Injury and Illness Section 2 - Written Permission Section 3 - Compassionate Leave Section 4 - Bereavement Leave Section 5 - Jury Duty Section 6 - Union Business

Article XV - Accident Prevention Committee ................................................................. 22 Section 1 - Composition Section 2 - Duties Section 3 - Pay for Meetings Section 4 - Meetings During Work Section 5 - Investigations Section 6 - Cessation of Work

Article XVI - Training Program ....................................................................................... 23 Section 1 - Training Program Section 2 - Cost of Training

Article XVII - Tool Insurance .......................................................................................... 24 Section 1 - Insurance Coverage Section 2 - List

Article XVIII - Coverall and Uniforms ............................................................................ 24

4

Article XVIX - Boot and Tool Allowances ...................................................................... 24 Section 1 - Boot Allowance Section 2 - Tool Allowance

Article XX - Adjustment of Grievances ........................................................................... 25 Section 1 - Procedure Section 2 - Time Limit

Article XXI - Arbitration ................................................... '" ............................................ 25 Section 1 - Interpretation Section 2 - Grievances Section 3 - Cost Sharing Section 4 - Place of Hearing

Article XXII - Strikes and Lockouts ................................................................................. 27

Article XXIII - Duration of Agreement.. .......................................................................... 27

Wage Supplement .............................................................................................................. 28

Supplements No. 1 - Mechanics ................................................................................................... 29 No.2 - Body Shop .................................................................................................. 30

Letters of Understanding No.1 - Ten Hour Shift Schedule ............................................................................ 31 No.2 - Goodwrench - 'B' Technician ................................................................... 32 No.2 - Body Shop - Painter ................................................................................... 33

Notes to the Collective Agreement ................................................................................... 35

5

THIS AGREEMENT entered into this .'1'0 day of ~, 2011

Between: TYEE CHEVROLET LTD. (hereinafter Imown as the "COMPANY")

And: UNITED STEELWORKERS, LOCAL :1-:1937 (hereinafter known as the "UNION")

PREAMBLE:

The purpose of this Agreement is to secure for the Company, the Union and the Employees the full benefits of orderly and legal collective bargaining, and to ensure to the utmost extent possible the safety and physical welfare of the employees, economy of operation, quantity of output, and protection of property and public safety. It is recognized by this Agreement to be the duty of the Company and the Union and the Employees to cooperate fully, individually and collectively for the advancement of said conditions.

The Company and the Union agree to abide by the terms set out in this Agreement. The Union further agrees that it will at all times instruct its members to act in accordance with the terms contained in this Agreement. This Company agrees, in the exercise of the functions of Management, that the provisions of the Agreement will be carried out.

ARTICLE I - BARGAINING AGENCY

Section 1: Recognition

a) The Company recognizes the Union as the sole collective bargaining agency of the employees of the Company within the jurisdiction of the Union, except Confidential Employees, Office Employees, and those with the authority to hire or discharge.

b) It is agreed that when a dispute arises as to whether or not a person is an employee within the bargaining unit, it shall be subject to grievance procedure as provided in Article XIX, Section 1, Step Four, and in event of failure to reach a satisfactory settlement it shall be dealt with by arbitration as set forth in Article XX, Section I.

c) The Union agrees to issue a withdrawal card to employees transferred from the bargaining unit to a job outside the bargaining unit providing that no dispute mises within the meaning of Clause (b) herein.

Section 2: Seniority Application

a) Where the Union holds a certification of bargaining authority covering a large area in which the Company has two or more operations, and distance makes the application of seniority impractical, it is agreed that the following principles shall apply:

6

(i) There shall be separate seniority for each operation.

(ii) In the event of a closure or layoff, the Company shall give hiring preference to those people laid off in accordance with the provisions of Article XIII, Section 1 when they are hiring for another operation included in the same certification.

b) Details of application of the said principles shall be worked out between the Company and the Union.

Section 3: Meetings

The company and the Union will meet at such time and place as may be mutually agreed upon for the purpose of discussing wages and working conditions and adjusting any matters within the confines of this Agreement which come within the scope of collective bargaining between employer and employee.

Section 4: Bargaining Authority

The P31ty ofthe First Part agrees that the bargaining authority of the Union shall not be impaired during the term of this Collective Agreement. The Company agrees that the only celtification that they will recognize during the term of this Agreement is that of the Party of the Second Part, unless ordered by due process oflaw to recognize some other bargaining authority.

Section 5: Access to Operation

Official Union representatives shall obtain access to the Company's operations for the purpose of this Agreement by permission which will be granted by the Company on request.

ARTICLE II - EMPLOYER'S RIGHTS

Section 1: Management and Direction

The management and the operation of, and the direction and promotion ofthe working forces is vested exclusively in the management; provided, however, that this will not be used for purposes of discrimination against employees.

Section 2: Hiring and Discipline

The Company shall have the right to select its employees and to discipline or discharge them for proper cause.

7

ARTICLE III - UNION SECURITY

Section 1: Cooperation

The Company will cooperate with the Union in obtaining and retaining as members the employees as defined in the Agreement, and to this end will present to new employees and to all Supervisors and Foremen the policy herein expressed.

Section 2: Union Shop

All employees and all new employees shall within thirty (30) calendar days after entering employment, whichever date last occurs become members of the Union and maintain membership therein throughout the term of this Agreement, as a condition of continued employment.

Section 3: Maintenance of Membership

Any employee who is a member in good standing, or is reinstated as a member of the Union shall, as a condition of continued employment, maintain such membership in good standing throughout the term of this Agreement.

Section 4: Discharge of Non-members

Any employee who fails to maintain his membership in the Union as prescribed herein by reason of refusal to pay dues and assessments shall be subject to discharge after seven (7) days written notice to the Company of the said employee's refusal to maintain his membership.

Section 5: Union Membership

a) No employee shall be subject to any penalties against his application for membership or reinstatement, except as may be provided for in the current United Steelworkers Constitution, and in accordance with the By-Laws of the Local Union.

Section 6: Check-Off

The Company shall require all new employees at the time of hiring to execute the following assignment of wages in duplicate, the forms to be supplied by the Union.

Check-Off assignment fonns shall be completed and signed at the date of hiring, and such fonns shall be forwarded within three (3) days after the effective hiring date.

8

The assignment in the case of employees already members of the Union shall be effective immediately, and for those employees not previously members of the Union it shall become effective thirty (30) calendar days fi'om the date of hiring.

CHECK~OFF AUTHORIZATION UNITED STE"'LWORKERS, LOCAL H 937 PLEASE PRINT

l1I"A~H"7

'Ihi.s section to be completed by Employer

COMPANY DIVISION

EMPLOYEE'S START DATE

NAME OF SOCIAL EMPLOYEE INSURANCE NO.

,.---' 'Ihis section to be cOIIlpleted by lVlembei:

MAILING ADDRESS

E-bliAIL ADDRESS POSTAL CODE

PHONE Are you a Member of the USW?

In Wilich USW operation were you last ernp!oyed? WHICH LOCAL?

I hereby authorize the Company to deduct from my pay each month the amount ofUnlon dues and (if owing by me) an initiation fee, -as provided in the Local Union By-laws and the Constitution of the United Steelworkers.

Such deductions shall be remitted monthly to the Local Union.

I hereby l'eqllcst and accept Membership in the UNITED STEELWORKERS) and of my own free will hereby authorize the United Steelworkers, its Agents and/or Representative, to \\ct fox "me as a collective bargaining agency in all matters pCl·taining to rates of pay, wages, h01.1rs of employment, or other conditions of employment, and to enter in.to contracts with my Employer covering all such matters, including contracts which may require the continuance of my Membership in the United Steelworkers as a condition of my continued employment.

Date Member's Signature

(While copy local Union) (Vellow copy Company)

The Local Union shall notify the Company by letter of the amount of back dues owed by employees.

Dues increases and assessments levied by the Union shall be deducted in accordance with and upon receipt of official notice from the Union.

The Company shall remit the dues deducted pursuant to such assignment (until and unless said assignment is revoked by the employee) to the Local Union, 110t less often than once each month, with a written statement of names of the employees for whom the deductions were made and the amount of each deduction.

Section 7: Social Insurance Number

The Company shall furnish the Union with the Social Insurance Number of each employee on its payroll on the first occasion when dues are forwarded to the Union after the execution of this Agreement or after the employee enters the employment of the Company, whichever date last occurs.

9

ARTICLE IV - SHOP COMMITTEE

Section 1: Defmition

For the purpose of this Agreement when the term "Shop Committee" is used, it shall mean Shop, Camp, Mill or Plant Committee, members of which are appointed by the Union.

Section 2: Composition

The Shop Committee shall consist of not less than three (3) employees and not more than seven (7) employees with completed probationary period of employment with the Company who are members of the Union and, wherever possible, they shall be selected on a departmental basis.

Section 3: Notification

The Union will, within sixty (60) days from the date of this Agreement, notifY the Company in writing of the members of the Shop Conunittee. The Union or Shop Committee will infOlm the Company in writing when a member change talces place on the said Committee. No member of the Shop Committee will be recognized by the Company unless the above procedure is carried out.

Section 4: Exceptions

The provisions of Section 1,2 and 3 will not apply in reference to:

a) Article XV - Accident Prevention Committee, where the members are designated according to the provisions of the Workers' Compensation Act.

ARTICLE V - HOURS OF WORK

Section 1: Hours and Overtime

a) The regular hours of work shall be eight (8) hours per day and forty (40) hours per week with rate and one­half for any hours over eight (8) hours per day and forty (40) per week.

b) (1) Maintenance Technicians - there will be an Eight (8) hour daily guarantee averaged weekly.

(ii) Body Shop Technicians - there will be a Seven (7) hour daily guarantee averaged on a monthly basis.

c) Work performed by flat rate employees on their regularly scheduled rest day will be paid at one and one­half times the flat rate.

10

Section 2: Casual Work

Regular laid-off employees shall not be classified as Casual Employees and shall have preference for available work over the said Casual Employee.

Section 3: Tuesday to Saturday Work

It is agreed that maintenance and repair employees can be employed on a Tuesday to Saturday work week for which they will be paid straight-time for hours worked within the regular shift. In such event, Sunday and Monday will be recognized as their rest days and any work performed agreed that the rest day, Monday, may be changed by mutual consent between the employee and the company. In such event, work performed on Monday will be paid for at straight-time. If the employee works on Monday at the request of the Company, the rate of pay will be rate and one-half. However, if the employee requests a tempormy change from his rest day on Monday, work performed on Monday will be paid for at straight-time.

When a Statutory Holiday falls on a regular rest day, the work day immediately succeeding the day which employees me observing as the Statutory Holiday, shall be recognized as the day ofrest.

Section 4: Rest Period

All employees shall be entitled to two (2) ten minute rest periods during each regulm shift, provided always that the company shall have the right to use relief employees in implementing this provision.

ARTICLE VI - TECHNOLOGICAL CHANGE

Section 1: Advance Notification

The Company shall notify the Shop Committee and the Union six (6) months in advance of intent to institute changes in working methods or facilities which would involve the discharge or laying off of employees.

Section 2: Retraining

The Company shall cooperate with the Union and the Government of British Colnmbia and participate in every way possible in training or retraining of employees so affected.

Section 3: Severance Pay

Employees discharged or laid off because of technological change or automation shall be entitled to severance pay of one week's pay for each year of service with the Company. The amount calculated under such entitlement shall not exceed a maximum of26 week's pay.

11

ARTICLE VII - WAGES

Section l: Rates

a) Both the Company and the Union hereby agree that wages shall be in accordance with the attached Wage Supplement.

b) Employees who are paid on a piece-work basis shall receive wage increases as additions to existing daily rates.

Section 2: Flat Rate Differential

a) Daily Crediting. (Records kept daily)

b) No penalty deduction.

c) The Company and the Shop Committee agree to meet to discuss any dispute arising in respect to the flat rate pay scale system. The purpose of the meetings shall be for the Company and the Union to agree to an appropriate rate of pay for the issue in dispute. When agreement is reached it shall be recorded and distributed to the Company, the Shop Committee and the Local Union. The Shop Committee may appoint members to the Committee for the purpose of this section as deemed appropriate.

Section 3: Rate Revision

a) The wage scale attached hereto, Wage Supplement, is approved by both the Company and the Union and may be revised, by negotiations between them and commencing thiliy (30) days after serving of notice by either the Company or the Union.

b) A Committee, equally representative of the Company and the Union shall be established for the purpose of

c) determining rates to be paid on new or revised jobs that are refened to it. The said Committee will analyze each job in accordance with and subject to the following:

(iii) The job analysis will be based on lmowledge and skill, responsibility, effort and job conditions.

(iv) Existing maximum rates will not be used as a ceiling.

Section 4: Shift Differential

The first shift is the recognized day shift. Hours worked outside the recognized day shift will be regarded as the second and third shifts. Premium rate of Fifty cent (.50) per hour will be paid for second and third shifts. A day shift employees working in excess of eight (8) hours will be paid rate and one-half (1-112) without differential.

Persons employed other than on regular shifts shall be paid the Fifty cent (.50) premium rate for all hours worked outside the recognized day shift.

12

ARTICLE VIII - PAY DAYS

The Company shall provide pay day on the last day of the month. If this day is on a weekend the pay day will be the last Friday of the month. A mid-month draw will be fumished to all employees and detailed statement of eamings furnished monthly.

ARTICLE IX - STATUTORY HOLIDAYS

Section 1: Recognized Holidays

a) New Year's Day, Good Friday, Victoria Day, Dominion Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and B.C. Day shall be recognized as Statutory Holidays for all employees.

b) An hourly rated or piece-work employee who qualifies for any of the holidays named herein, shall be paid for the said holiday at his regular job rate of pay for his regulaT work schedule, in accordance with the conditions set out in Section 2.

Section 2: Qualifying Conditions

a) An Employee, to qualify for Statutory Holiday Pay, must comply with each one of the following three conditions:

(i) Have been on the payroll thirty (30) calendar days immediately proceeding the holiday.

(ii) Have worked his last regularly scheduled work day before, and his first regularly scheduled work day after the holiday, unless his absence is due to illness, compensable occupational injury, or is otherwise authorized by the employer.

(iii) Notwithstanding (ii) above, the employee must have worked one day before and one day after the holiday, both of which must fall within a period of ninety (90) calendar days.

Section 3: Sunday Holiday

In the event that one of the within named Statutory Holidays falls on Stmday, it shall be observed the following Monday.

Section 4: Weekly Work Schedule

Hours paid as Statutory Holiday pay shall not be included in the weekly work schedule.

13

Section 5: Holiday Shift

An employee required to work on a paid holiday shall be paid, in addition to his Statutory Holiday Pay, rate and one-half (1-112) for any honrs worked on a shift designated as the "holiday shift".

Section 6: Arrangement for Change

In the event of a Statutory Holiday falling on a Wednesday, Thursday, or Friday and where the Company and the Union mutually agree, the said holiday may be observed the preceding Tuesday or the following Satnrday respectively.

ARTICLE X - VACATIONS WITH PAY

Section 1: One to Four Years' Service

b) The annual vacation for employees with one (1) to fonr (4) years' service covered by this Agreement shall be two (2) weeks, and the pay therefore shall be based upon fonr and one-half percent( 4-112%) of the total wages or salary earned by the employee dnring the working year.

c) An employee with One (1) to four (4) years' service whose employment is terminated, shall receive vacation pay at the rate offonr and one-half percent (4-112%) of the wages or salary earned dnring the period of entitlement.

d) An employee with less than one (1) year of service, whose employment is terminated, shall receive vacation pay at fonr and one-half percent (4-1/2%) of gross earnings accumulated dnring the period of entitlement.

Section 2: Four to Ten Years' Service

a) An employee with fonr (4) to ten (10) years' continuous service shall receive an additional one (1) week's vacation with pay, based on two and one-half percent (2-1/2%) of the total wages or salary earned by the employee dnring the working year.

b) The additional one (1) week may be talcen when convenient for the Company, but does not have to be consecutive with the vacation period provided for in Section 1 herein.

c) An employee with fonr (4) to ten (10) years' continuous service whose employment is terminated, shall receive vacation pay at the rate of six and one-half percent (6-112%) of the wages or salmy earned dnring the period of entitlement.

14

Section 3: Ten to Twenty Years' Service

a) An employee with ten (10) to twenty (20) years' continuous service shall receive a further one (1) week's vacation with pay, based on two and one-half percent (2-112%) of the total wages or salary earned by the employee during the working year.

b) The additional one(l) week may be talcen when convenient for the Company but does not have to be consecutive with the vacation period provided for in Sections 1 and 2 herein.

c) An employee with ten (10) to twenty (20) years' continuous service whose employment is terminated shall receive vacation pay at the rate of eight and one-half percent (8-1/2%) of the wages or salary earned during the period of entitlement.

Section 4: Extended Vacation Pay

Length of holidays will not be increased with years of service, instead a bonus will be received at fifteen (15) years if service:

15 years service $ 500.00 16 years service $ 600.00 17 years service $ 700.00 18 years service $ 800.00 19 years service $ 900.00 20 years service $1000.00 27 years service $1250.00

Section 5: Vacation Time

Vacations for employees shall be taken at such time as mutually agreed upon by his Union and the Company when quantity and regularity of production shall not be impaired.

Section 6: Leave of Absence

The following shall be considered as days actually worked for determining vacations with pay for an employee after one (1) continuous year of employment.

a) Absence on Workers' Compensation up to a period of one (I) year, provided the employee retu111s to his employment.

b) Absence due to illness up to a period of one (1) year, provided the employee returns to his employment. The employer shall have right to require a certificate from a qualified medical practitioner.

15

Section 7: Employment Standards Act

Part 4, Annual Vacation of the Employment Standards Act, S.B.C., 1980, c. 10, and amendments thereto, except where varied of modified by the provisions herein, shall become a part of this Agreement.

ARTICLE XI - CALL TIME

Section 1: Where No Work

Any employee who is called for work and on reporting finds no work available due to reasons beyond his or her control, shall be entitled to two (2) hours at the usual rate.

Section 2: Where Work Commences

In the event that an employee commences work on his shift and work ceases prior to the completion of four (4) hours work, the employee shall receive four (4) hours pay, at the regular job rate. The employee shall not be required to stay on the premises to receive call time.

ARTICLE XII - HEALTH & WELFARE

Section 1: Institution

It is agreed that a health and welfare plan be instituted in accordance with the principles hereinafter set out.

Section 2: Insurance Coverage

The following coverage will be instituted:

a) Group Life Insurance for each qualified employee shall equal 200% of annual earning to a maximum of, $100,000.

b) Accidental Deatll and Dismemberment Insurance shall equal 200% of annual earning to a maximum of, $100,000.

c) Short TelID Disability - In the case of siclmess, injury or illness not covered by Workers' Compensation the employer will pay sick benefits (full wages) until the worker is accepted on Employment Insurance Sick Benefit. These benefits shall be paid from a company funded sick benefit plan.

d) Long Term Disability

n 66 2/3% of monthly earnings to a maximum monthly benefit of $2,500, m To commence after 120 days of disability. • Coverage automatically tenninates on the earliest of attainment of age 65, retirement or ceasing to be

eligible.

16

Section 4: Medical Coverage

a) Basic Medical coverage shall be provided. Premium payments shall be 60% employer paid and 40% employee paid.

b) Hospital Coverage • 100% of covered charges • no deductible

c) Drug Coverage • 95% reimbursement of eligible charges • No deductible

d) Health Care Coverage • 100% reimbursement of covered charges • $25 individual deductible and a $25 family deductible per calendar year. • Nursing Care (maximum $10,000 per calendar year), Ambulance, Aids, Services & Supplies, Accidental

Dental, Emergency Treatment, Travel Assistance Benefits, Referral Benefits, Diagnostic Tests, • Speech Therapy ($500 per calendar year) • Clinical Psychology ($25 per visit up to $500 per calendar year) • Hearing Aids ($500 per 4 consecutive years) • Vision Care ($100 in any 2 consecutive calendar years); Eye exams $40 in any 2 consecutive calendar

years). " Paramedical Services ($10 per visit per practitioner for first 12 visits up to maximum of $500 per

calendar year) - Chiropractors, Chiropodists or Podiatrists, N aturopaths, Massage Therapists, Physiotherapists

Section 5: Dental Coverage

a) Basic Services • 100% of covered charges • based on each year's current Dental Association suggested Schedule of Fees for General Practitioners in

the Province ofBC.

b) Major Restorative • 50% of covered charges • based on each year's current Dental Association suggested Schedule of Fees for General Practitioners in

the Province ofBC.

c) Coverage is subject to a $25 individual deductible and a $50 family deductible per calendar year. • The combined maximum for Basic Services and Major Restorative is $2,000 in any calendar year.

d) Premium payments will be 60% employer paid and 40% employee paid.

17

Section 6: General Principles t

a) Detailed j ;:formation for the above coverages is available in the Group Plan Booklet for Group Benefit Plan Nos. 341562 & 341563.

b) Premium cost will be 60% employer paid and 40% employee paid.

c) Participation in the plan is to be a condition of employment.

d) Employee Eligibility: Any new employees who have not had previous coverage will be eligible for benefits after ninety (90) days of continuous employment, if they work at least 20 hours per week on a regular basis. Employers under age 65 can be covered for all benefits. Employees age 65 and over when they first become eligible can only be covered for health and dental benefits.

Employees who are not actively at work on the date they would ordinarily be covered, will be eligible upon their return to work.

Actively at work means the employee is

(i) actually performing his normal duties at his normal place of employment or at some other location where the Employer's business requires him to be, if it is a scheduled work day, or

(ii) capable of performing his nOlmal duties, ifhe is not at work due to a non-scheduled work day, holiday or vacation.

e) Coverage will be portable in all units covered by the Agreement and there shall be no waiting period for qualified employees changing employers within the Industry.

f) Coverage during lay-off will be provided as follows based on a 50/50 sharing of the cost.

(i) Employees with one (1) or more years' seniority - six (6) months.

(ii) Employees with more than four (4) months but less than one (I) years' seniority - tln'ee (3) months.

g) In the case of the employee's death, Hospital, Drugs, Health Care and Dental coverage, if applicable will be extended to the employee's eligible dependents until the second anniversary of the employee's death or until the dependents no longer qualify as eligible dependents, whichever happens first.

Section 7: Employee and Family Assistance Program

The Employer recognizes that the personal well-being of the Employees and their families is necessary for the efJective operation of the facility. To this end, the Employer shall provide at the company's expense, an Employee and Family Assistance Program and contract with a professional assessment and resource service so that Employees and their families may access resources in a manner entirely confidential from the Employer.

18

ARTICLE XIII - SENIORITY

Section 1: Principle

a) The Company recognizes the principle of seniority, competency considered. In the application of seniority, it shall be detennined by the plant seniority.

b) The selection and promotion of supervisOly officials shall be entirely a matter for the Company's decision, but in making such selection or promotion, length of continuous service shall be given first consideration.

Section 2: Reduction of Forces

a) In the event of a reduction of the forces, the last person hired shall be the first released subject to the competency of the person involved.

b) During the reduction of forces an employee can elect whether or not to apply his seniority to obtain a lower paid job or accept a layoff until regular job becomes available, provided however,

(i) if, during the layoff period, the employee wishes to return to work and so notifies the Company, he shall be called back to work as soon as his seniority entitles him to a job.

(ii) details of the application of this provision shall be worked out by the Local Union and the Company.

Section 3: Retention During Layoff

It is agreed between the Company and the Union that seniority during layoffs shall be retained on the following basis:

a) Employees with less than one (1) years' service shall retain their seniority for a period of six (6) months.

b) Employees with one (1) or more years' service shall retain their seniority for one (1) year, plus one additional month for each year's service, up to an additional six (6) months.

It shall be the employer's responsibility to maintain an address file of his employees and it shall be the employee's responsibility to notify his employer in writing of any change in address.

Section 4: Job Posting

a) Vacancies shall be posted in advance for a period of not less than two (2) working days.

b) This Section shall not apply to temporary replacements of two weeks or less necessitated by illness or injmy, but in filling these vacancies, senior employees will be given preference in accordance with Article XIII, Section I.

19

Section 5: Departments

The Shop Committee and the Company shall meet immediately after the conclusion of the Agreement and outline the basis of departments for seniority purposes. It is agreed that the number of depatiments will be kept as low as possible, compatible with efficient and economic operation.

Section 6: Probationary Period

Notwithstanding anything to the contrary contained in this Agreement, it shall be mutually agreed that all employees are hired on probation, the probationary period to continue for ninety (90) calendar days, dming which time they are to be considered temporary workers only, and during this satl1e period no seniority rights shall be recognized. Upon completion of ninety (90) calendar days, they shall be regarded as regular employees, and shall then be entitled to seniority dating from the day on which they entered the company's employ. The probationaty period of ninety (90) calendar days shall be cumulative within the three (3) calendar months following the date of entering employment. Notwithstanding tlle foregoing, probationary employees are entitled to grievance procedme.

Section 7: Hiring Preference

It is mutually agreed, that when hiring new employees, consideration for preference shall, subject to the satl1e conditions as in Section I, be given to those employees of the company having previous seniority and who have applications on file. Notwithstanding the foregoing, returned persons with suitable qualifications shall have preference over all applicants.

Section 8: Absence Without Leave

Any employee who is absent without leave for a period of more than three (3) consecutive working days shall be subject to discipline. This shall not interfere with the employer's right to discharge for proper cause.

Section 11: Seniority List

It is agreed that upon request 0 the Union, a list will be supplied by the Company, setting out the natl1e and starting date with the Company and starting date for depat·tment seniority of each regular employer. However, such request shall not be granted more than twice each year. The Company will advise the Union once each month of changes to the said list.

Section 12: Reinstatement

In any case where an employee has been transferred by the Company to a supervisory position and at a later date ceases to be a supervisory worker and the Company desires to retain his services, it is hereby agreed that reinstatement can be made within the bargaining unit provided however that supervisory workers reinstated in the bargaining unit must return to the job held at the time of their promotion to a supervisory position.

20

Section 13: Contracting and Sub~Contracting

Should the Company contract out a portion of the operation, those persons performing work under such contract of sub-contract shall be bound by the terms of this Contract in the same manner as regular employees.

No contracting of work will be performed on premises, contracting out will only be done in emergency situations as may be identified between the parties.

ARTICLE XIV - LEAVE OF ABSENCE

Section 1: Injury or Illness

The Company will grant leave of absence to employees suffering injury or illness for the term of this Agreement, subject to a medical certificate if requested by the employer. The employee shall report or cause to have reported the injury or illness which requires his absence to the company as soon as may be reasonably possible.

Section 2: Written Permission

Any employee granted leave of absence shall receive permission in writing from the Company for such leave.

Section 3: Compassionate Leave

The Company shall grant leave of absence up to a maximum of six (6) months without pay to employees for compassionate reasons, conditional on the following terms:

a) That the employee apply at least one month in advance unless the grounds for such application could not reasonably be foreseen.

b) That the employee shall disclose the ground for application.

c) That the Company shall be required to notify the Union in respect of any application for leave under this section.

Section 4: Bereavement Leave

a) Employees with one (1) or more year's seniority shall be allowed a maximum of three (3) days for bereavement leave.

b) Employees shall receive their regular rate of pay for said bereavement leave.

21

c) For the purposes of bereavement leave the following members of the employee's immediate family shall be defined as; employees Spouse, Mother, Father Brother, Sister, Sons, Daughters, Step-Sons, Step­Daughters, Mother-in-law, Father-in-law, S+~-in-Iaw, Danghter-in-law, Step-parents, Grandparents, Grandchildren, and the Grandparents ofthe ~mployee's Spouse.

Section 5: Jury Duty

Employees with one (1) or more year's seniority will receive regular hourly rate of pay for actual time lost serving on Jury or as Crown Witness. Employer will withhold equivalent of jury pay pending receipt of certification confirming actualjmy pay received by the employee. ($10.00 per day).

Section 6: Union Business

a) The Company will grant leave of absence to employees who are appointed or elected to Union office for a period up to an including one (I) year. Further leave of absence may be granted.

The employee who obtains this leave of absence shall return to his Company within thirty (30) calendar days after the completion of his term of employment with the Union.

b) The Company will grant leave of absence to employees who are elected representatives to attend Union meetings and Union conventions or as members of any negotiating committee of the United Steelworkers in order that they may calTY our their duties on behalf of the Union.

c) In order for the employer to replace the employee with a competent substitute, it is agreed that before the employee receives this leave of absence, as set forth in Clauses (a) and (b) above, the employer will be given dues notice in writing; in the case of (a), twenty (20) calendar days; and in the case of (b), five (5) calendar days.

ARTICLE XV - ACCIDENT PREVENTION COMMITTEE

Section 1: Composition

a) An Accident Prevention Committee consisting of not more than twelve (12) members nor less than four (4) members shall be maintained.

b) The said Committee shall consist of an equal number of representatives of the company and the employees. Employee representatives will be elected by a vote supervised by the Union.

c) Employee representatives shall be regular employees in the operation with experience in that type of operation over which their inspection duties shall extend.

Section 2: Duties

The general duties of the Accident Prevention Committee shall be as directed by the regulations made pursuant to the Workers' Compensation Act.

22

Section 3: Pay for Meetings

The Company will pay straight-time rates not exceeding two (2) homs per meeting to employee members for the actual time spent in attending Accident Prevention Committee meetings outside the working homs.

Section 4: Meetings During Work

Where Accident Prevention Committee meeting are held during working homs, with the consent of the Company, employee's time will notbe deducted for attending such meetings or investigations into accidents.

Section 5: Investigations

In the case of a fatal accident, the Accident Prevention Committee in the operation shall, within forty-eight (48) homs, conduct an investigation into such fatal accident.

Section 6: Cessation of Work

Anyone or all employees working in the immediate proximity when a fatal accident occms may without discrimination refi'ain fi'om working the balance of the shift.

ARTICLE XVI- TRAINING PROGRAM

Section 1: Training Program

a) Provincial apprenticeship training principles.

b) Wage schedule on percentage of Journeyman rate.

c) Preference to senior eligible employees when company requires trainees, subject to passing required aptitude and capability test.

d) Indentured apprentices failing to progress according to time limits of program, subject to removal from plan, and would return to helper status.

e) Trainees must complete four (4) month preliminary shop training to be eligible for consideration to enter the plan.

f) Administrative details will be set out in a text for application of the program.

23

Section 2: Cost of Training

The cost of training, retraining, or upgrading required by the Company shall be borne by the Company including lost time wages.

ARTICLE xvn - TOOL INSURANCE

Section 1: Insurance Coverage

Tool Insurance to $200,000 for the group.

The Company will bear the cost, and provide tool insurance to cover fire, flood and/or theft on the basis of replacement cost. There will be a $50.00 deductible coverage for theft, and this is, subject to evidence of forcible breaking and entry.

A video tape to record Mechanics tools will be acceptable.

Section 2: List

Each employee must provide the Company with a list of tools the employee has on Company property.

ARTICLE XVIII - COVERALLS AND UNIFORMS

a) Supplies by Company

b) Laundered fi·ee.

ARTICLE XVIX - BOOT & TOOL ALLOWANCES

Section 1: Boot Allowance

Boot allowance( s) will be paid to each and every employee covered by this Collective Agreement. Such aIlowance(s) will be paid to the employee upon production ofreceipt(s) to a maximum of$150.00 per contract year. Covered footwear must be WCB complaint.

Section 2: Tool Allowance

A $200.00 tool allowance will be paid to Journeyman, Apprentices and Lube Rack Techs once each calendar year, to be paid on their birthday,

24

ARTICLE XX - ADJUSTMENT OF GRIEVANCES

Section 1: Procedure

The Company and the Union mutually agree that, when a grievance arises in the plant corning under the terms of this Agreement, it shall be taken up in the manner set out below:

Step One The employee involved shall first take up the matter with the foreman directly in charge of the work within fourteen (14) days of the date of the said grievance.

Step Two Ifthe question is not satisfactorily settled in this way, the employee, with the Shop Committee, shall take up the problem with the personnel manager and the foreman. The Local Union representative may participate if so desired by the Local Union.

Step Three If the problem is not then satisfactorily solved, it shall be referred to the Local Union and the management.

Step Four If a satisfactory settlement is not then reached, it shall be dealt with by arbitration as set forth in Article XX.

Section 2: Time Limit

If a grievance has not advanced to the next stage under Article XIX, Step Two, Three or Four within fourteen (14) days after completion of the preceding stage, then the grievance shall be deemed to be abandoned, and all rights of recourse to the grievance procedure shall be at an end. Where the Union is not able to observe this time limit for reasons beyond their control, the said time limit shall not apply. The Union shall be bound to proceed in such a case as quickly as may be reasonably possible.

ARTICLE XXI - ARBITRATION

Section 1: Interpretation

a) In the case of any dispute arising regarding the interpretation of this Agreement or the application of Article I, Section 1 thereof, which the Company and the Union hereto are unable to settle between themselves, the matter shall be determined by arbitration in the following manner:

Either the Company or Union may notify the other and the Arbitrator in writing, by registered mail, or the question or questions to be interpreted.

b) All decisions will be final and binding upon the Company and the Union.

25

Section 2: Grievances

a) In the case of a dispute arising under this Agreement, which the Company anc': the Union are unable to settle between themselves as set out in Article XIX, the matter shall be determined by arbitration in the following manner:

Either the Company or the Union may notifY the other and the Arbitrator in writing, by registered mail, of the question or questions to be arbitrated.

After receiving such notice and statement the Arbitrator and the other Pmiy shall within three (3) days aclmowledge receipt of the questions to be arbitrated.

b) No one shall serve as an Arbitrator who:

(i) either directly or indirectly has any interest in the subject ofthe arbitration;

(ii) has participated in tlle grievance procedure preceding the arbitration;

(iii) is or has been, within a period of six (6) months, preceding the initiation of arbitration proceedings,

(iv) employed by any Local Union, United Steelworkers or a company directly engaged in the industry.

c) The decision of the Arbitrator shall be final and binding upon the Company and the Union.

d) If the Arbitrator finds that an employee has been unjustly suspended or discharged, that employee shall be reinstated by the Company without loss of pay and with all his rights and privileges preserved under the terms of this Agreement, provided always that if it is shown to the Arbitrator that the employee has been in receipt of wages during the period between discharge (or suspension) and reinstatement, or date of failure to rehire and rehiring, the amount so received shall be deducted from wages payable by the company pursuant to this Section, [Uliher provided that the wages so deducted shall be first reduced by the mnount reqnired for the payment of fare from the original place of employment and to the place where employed during the period of discharge (or suspension) and retUlTI.

e) The Arbitrator shall be required to hand down his decision within fOUlieen (14) days following completion of the hearing.

f) If the Company and the Union fail to agree on an arbitrator they shall forthwith request the Honourable Minister of Labour of the Province of British Columbia to appoint an m'bitrator.

Section 3: Cost Sharing

The Company and the Union shall bear in equal propOliions the expenses and allowances of the Arbitrator, and stenographic and secretm'ial expense, and rent connected with his duties as arbitrator.

26

Section 4: Place of Hearing

Any arbitration to be held hereunder shall be held at the City of Campbell River or at such place as may be agreed to by the Parties.

ARTICLE XXII - STRIKES AND LOCKOUTS

There shall be no strikes or lockouts by the Parties to this Agreement with respect to any matter arising out of the Agreement for which arbitration is provided under the terms of this Agreement.

ARTICLE XXIII - DURATION OF AGREEMENT

a) The Parties hereto mutually agree that this Agreement shall be effective fi'om and after the 1 st day of July 2011 to midnight the 30th day of June 2016 and thereafter ii'om year to year unless sixty (60) days written notice on contrary intent is given by either the Company or the Union to the other. The notice required hereunder shall be validly and sufficiently served at the Head Office of the Company, or at the Local Office upon the Local Officers of the Union, at least sixty (60) days prior to the expiry of the Agreement. If no agreement is reached at the expiration of this contract and negotiations are continued, the Agreement shall remain in force up to the time an agreement is reached or until negotiations are discontinued, by either the Company for the Union.

b) The Company and the Union hereto agree that the operation of Section 50(2) and 50(3) of the Labom Relations Code of British Columbia, R.S.B.C. 1992, c. 82, is eXclude~'10~ the Agreement.

On behalf of On bellil ~ United Steelworkers Locall-1937 Tyee 4 v flet Ltd.

\ \ I

. I ' 1~I1vr

Dated at 4 d6 t./ &Wt, BC, this __ t)'----""~_day Of---'~"----'tr~~---' 2011.

27

Effective

TYEE CHEVROLET LTD. WAGE SUPPLEMENT

current July 1, 2010

1% July 1, 2011

2% July I, 2012

2% July 1, 2013

2% July 1, 2014

3% July I, 2015

i\PJ)!~~_~i.c_eJechn_ic_i_an_________________ _____________________________As_['er_:r~~~e_Scal~__________________ _______ .

General Service Employee 1 _ S10!S101_M_~i~t~_nanee _ _ ______ ___ ___ _ _ __ _ __ __ _ _____ __ _ ___ ________ _ ~~_·~t ___ ? lL[.8~ ___ ~~_~}} ___ ?J,5.L[2 __ 5_~?_H __ }16.2()_

General Service Employee 2 _ S10!S101_r,1_ai_n_t~_na nee _ _ _ _ ___________________________________________ ? _~ ~_.L[ 7 ___ $1 J" 5? ___ ~ ~_~: 8_2 ____ $12: (j5 ____ ?_~ ?_?~ ___ $12.66 _.

_['art_s['erso_n _____________________________________________________ $_22_.L[? ____ ?_2~.7(j ___ ~2_3:~_~ ____ ?~3:~2 ___ $2L[.()~ ____ ~?_4:8_2_.

_ i\PiJ r_~ ~_~i.c_E! _ ~_a rts Pe rs_011. __________________________________________________ As [' e r_ :r~~ _~ ~_ ?ca I~ ____________________________________ .

_ S_hi pp~r[l\e<:E! !':'~ ~ _1 __________________________________________________________ 11/1 i n_im uIllVV_a~_E! _______________________________________ .

_ S_h i P_iJ~~[l\e<:eive r _2 ______________________________________________ ?_11_}5 ___ $_1_1._2 ~ ___ ~ 1_1 :4_9 ___ $11. ~ 2 ____ ?_~ J, ._~ 5 ____ ~ 12.31_.

_c:lean~LJ~_~~~~o_n_l ______________________________________________ ?_~()_.?? ____ $10.9~ ___ ~~_~:?} ____ ?_11:L[3 ___ $1J,._~? ___ ~1_2:0_1_.

_ c:1_E!~_~~LJ~ _P~rson _____________________________________________________ II/Ii n_i_f!l_~_Ill_vv_a~_e______ _ __ _ __ _ __ _ ____ _ _ __ _ __ .

_ c:asu a_l_ L_~ ~_<? _LI ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __________________________ 11/1 i ni lll ulll_VV_~~_e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ .

_ i\~_~<?_111 <?ti\ie _ Pa i nt_:r ec_~ !l_i_c:i_~ ~ __________________________________ $_26.66 ___ $_ 2?_~?. ___ ~ 2_7 :4] ___ $ ~8: (j 1 ____ ?_??._5 7 ___ ~ 2_9:4_3 _.

i\uto_Ill<?~!\iE! _Pr:e~:rech_n ic!~_~_(F_I~_t_~_a_~e for 3_ Years) _________ ?_?()_._50 __ $20. 7_1 ___ ~?P_2 ____ $~1.54 ___ $_?~_._~t ___ ~22:63 _

_ i\~_~o _Illoti\ie _ B_o ~Y_:r E!~_~ !l_i_ci_a n_ _ _ _ _ _ ___________________________ $2 6.~6 ____ ?_? ~ ._~? ____ $ 27.4] ___ $ ~8: (j ~ ____ ?_2?._5 ~ ___ ~ 2_9 :4_3 _ .

. _ C; ~ ne ra_l_ B_<? _~Y_ ?_~()p I: m ~Io}'e r_ ~ _ H_E! I P_E!~ ________________________ ? ~_._5~ ______ $ ~,6~ _____ ?_~ :?_? ____ ? _~ 0_. (j8 ___ $1(), 2? ___ ~ ~(): ?_9 _.

BODY SHOP " * Automotive Prep Technician $20.00 Flat Rate for 3 years

MEDIUM DUTY WORK PAID HOURLY AT BASE RATE

a) Class A Motor Homes b) Medium Duty Vehicles

Worked included: Tune-ups, Suspensions, Transmissions, Brakes, Heads, Radiators, Wheels, Differentials, Oils Plan and Rods, Bearings, Valves, Front End, Hydrovac, Diesel Trucks, Metal Work if heavy gauge metal.

Work excluded: Wipers, Filters, All Glass, Painting, Master Cylinders, Electrical Work, Accessories, UpholstCly and Trim.

At discretion of Service Manager only: 4x4s, Trailers, Special Trucks and Camp Equipment.

28

SUPPLEMENT NO.1

Mechanics

Base Rate Effective July 1,2011 - $28.69 Effective July 1,2012 - $29.27 Effective July 1,2013 - $29.85 Effective July 1,2014 - $30.45 Effective July 1,2015 - $31.36

Flat Rate eight (8) hour daily guamntee averaged weekly.

Thirty (30) day cut-off periods.

Attendance at school not to affect efficiency.

Detailed efficiency to be made available.

Wan'anty work and retail work will be distributed eveuly except when training requirements is preference, other than that seniority will take place.

On behalf of United Steelworkers Local 1-1937

Dated a~ 'fret' &;:",., Be, this

~-'- \ / \ \

On beh~lf o~ \ Tyee C\ he 'olet Ltd.

• I . I \ \ \ j

\ I \1 ~\NI\C'

t!> J day Of----L~--"-<b"'7"""'!:ifi''------'' 2011

29

SUPPLEMENT NO.2

Body Shop

Base Rate Effective July 1,2011 - $26.93 Effective July 1,2012 - $27.47 Effective July 1,2013 - $28.01 Effective July 1, 2014 - $28.57 Effective July 1,2015 - $29.43

Flat rate seven (7) hour daily guarantee averaged monthly.

Attendance at school is not to affect efficiency.

Thirty (30) day cut off periods.

Water leaks to be paid at straight time as authorized on the time punch by Body Shop Manager.

Warranty work and retail work will be distributed evenly except when training requirements is preference, other than that seniority will take place.

On behalf of

United Steelworkers, Local 1-1937

, I , ' \, I "

Dated at c:;..~kL/ A!J..It, Be, this .:23 day Of_----"~"-L-U<~-''--~, 2011

30

LETTER OF UNDERSTANDING' NO.1

TEN HOUR SHIFT SCHEDULE

The paliies to this agreement agree to investigate the implementation of a Ten (10) Hour Shift Schedule within three (3) months of the date of signing this agreement.

The terms of reference for the inclusion of a Ten (10) Hour Shift Schedule into the Collective Agreement include straight time rates of pay for hours in excess of eight (8) in one day to the tenth hour at which the rate will be at one and one-halftimes the employee's regular rate as identified in the Wage Supplement page. Any other rates of premium pay will be as per the Employment Standards Act of B.C.

The assignment of various shifts within the Ten (10) Hour Shift Schedule will utilize the principle of seniority as identified in this agreement provided the employees have the sufficient skills and ability to perfOlID the various work assignments.

The Union agrees to canvass its membership in an expeditious manner to seek their input so as to meet the time requirements described above.

Should the Union not gain the support of at least five Jomneyman Mechanics, the system will not proceed.

On behalf of

United Steelworkers, Local 1-1937

Dated at ~ tL~, Be, tbis (!) 3

onbeh4~!\ Tyee ~h'ltOlct Ltd.

\ ,! , I I

\

day of ~ ,2011

31

LETTER OF UNDERSTANDING NO.2

Goodwrench - '8' Technician:

1. Position must be filled through apprenticeship training.

2. Position cannot be filled by outside Technician or apprentice if there is an apprentice cunently in shop.

3. If apprentice in shop, senior apprentice moves up to "B' tech.

4. If no apprentice in shop, company can hire outside.

5. Only one (1) 'B' Technician in the shop at a time.

6. Must achieve 'A' Teclmician status before another junior "B" tech is hired.

7. 'A' Teclmician status will be achieved within a maximum of three (3) years of becoming Ticketed Journeyman through apprenticeship or by completing education as per point # 7 and supplement # 4

8. 'A' Technician is achieved by completing four (4) GM Disciplines of teclmical training of which powertrain, transmission and engine shall count as two disciplines each and 10 GM Imow how releases (CPT Videos). See supplement # 4

9. If 'A' Technician status is not achieved within the time allotted due to lack of training (i.e. not being sent to GM training by management) Senior status is applied.

10. 'B' Technician will be sent home before any 'A' Technician.

11. Pay will be based on Flat Rate

12. Starting pay for apprentice "B" technician will be 50% of "A" Technician rate with 5% increase every 6 months until reach maximum 80 % of "A" Technician rate.

Qualified ':B:' Technici~ will receive 80 o/? ~f "A" Technician ra~e .. 5' til t .. r,.,a ... 0ing is complete or has been "B" Teclmiclan for a penod of 3 years. Trammg to be completed IS iP . "1'\rilcle XVI".

I \ On behalf of On !leh If f \ United Steelworkers Tye,e q:h v~olet Ltd. Local 1-1937 \ I I

\ I I

\~ I ~}r I

i I \ ! \ !

Dated at t:. ~d g~, Be, this (!) 3 day Of_~~"---'"-+,~:o<-__ ~' 2011

32

LETTER OF UNDERSTANDING No.3

BODY SHOP between

CHRIS BERLINGHOF (Painter)

and

TYEE CHEVROLET LTD. (Company)

and

UNITED STEELWORKERS LOCAL 1-1937 (Union)

Whereas the Company and the Union aclmow1edge the difficulties in acquiring and maintain painters at the operation; and

Whereas the Company and the Union agree that they have found a suitable candidate for the painters position; and

Whereas the Painter has aclmow1edged his agreement to conditions set out in this agreement the following shall apply:

1. The Company shall upon signing of this Agreement move the Painter to $17.00 per hour on the flat rate system.

2. When two technicians work on the same project the split will be 60% for the Prep. Technician and 40% for the Painter.

3. When the Painter passes the Body Prep Ticket the Painter will be moved to the $20.00 per hour flat rate wage level.

4. The Painter will receive pay increases equivalent to 25% of the difference between the $20.00 rate and the Journey rate every six (6) months and will be at the full Joumeyman's rate in two (2) years from the time the $20.00 rate applies.

5. The Painter will take the ITC required training when available.

6. If the required training as in #5 above is not completed than the Painter's wage rate will remain at the current level until such time as the training is completed.

7. A $1.50 per hour Training Allowance will be paid into a Training Account on behalf of the Painter. The Training Allowance will be subject to statutory deductions as it is earned.

8. In the event schooling is available prior to the Painter accumulating the appropriate Training Allowance the Company will loan the Painter the appropriate funds which will be repaid to the Company through the Training Allowance as in # 7 above until such time as the loan is fully repaid.

9. Upon the completion of all required training and the repayment of any outstanding loan amount the Training Allowance will cease. The Company will keep a detailed record of the Training Allowance and shall mal(e such record available to the Painter upon request.

33

10. Should the Painter not be successful in acquiring the required tickets he shall receive pay raises based on the difference between the $17.00 pay rate and the Journeyman Painters rate divided by six (6) and paid each six (6) months over a three year period.

11. The Painter agrees that any funds accumulated in the Training Allowance are for the sole purpose of attending the required training and is the property of the Company except for the training purposes as set out in this agreement.

On behalf of United Steeiwori{ers, Local 1-1937

Dated at ~kt/&.et, Be, tlus

I'vJITV I I • ! \ / »"

~!J day of ~<.

34

,2011

Notes To Collective Agreement:

" If shortage of work will push Goodwrench work to "A" Techs if necessary

" Type of Work would include S 110 mechanical, S 10 Lube, S 101 Maintenance

.. Red Circle current, most senior apprentice, under old apprentice program - would move to "A" Tech

.. Appoint Junior Apprentice as "E" Tech.

.. More detailed pay statements will be provided upon request.

.. Paul will receive upon signing this agreement $1.00 per hour retroactively to July 1, 2009.

35