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Collective Agreement November 9, 2013 .to November 8, 2016 COLLECTIVE AGREEMENT 8 E TWEEN: DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA INC. (the Company) UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175 (the Union) Effective: November 9, 2013

8 E TWEEN: DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA … · November 9, 2013 .to November 8, 2016 COLLECTIVE AGREEMENT 8 E TWEEN: DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA INC. -and~ (the

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Page 1: 8 E TWEEN: DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA … · November 9, 2013 .to November 8, 2016 COLLECTIVE AGREEMENT 8 E TWEEN: DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA INC. -and~ (the

Collective Agreement November 9, 2013 .to November 8, 2016

COLLECTIVE AGREEMENT

8 E TWEEN:

DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA INC.

-and~

(the Company)

UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 175

(the Union)

Effective: November 9, 2013

Page 2: 8 E TWEEN: DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA … · November 9, 2013 .to November 8, 2016 COLLECTIVE AGREEMENT 8 E TWEEN: DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA INC. -and~ (the

Collective Agreement . November 9, 2013 to November 8, 2016

ARTICLE 1 -PURPOSE.

1.01 The general purpose of this agreement is to establish and provide for orderly collective bargaining relations between the Company and the Union and the Employees covered by this agreement for the timely and amicable disposition· of grievances.

The Union recognizes that the business in which the company is engaged is highly competitive, that the Company must be able to maintain an

. efficient, cost effective operation and improve itself in a highly competitive market, and that all employees must properly represent the Company' s goods and services to the public in. accordance with applicable laws and Company policies, and the Union agrees to support the Company in obtaining these objective·s,_ air of which are consistent with this Collective Agreement.

ARTICLE 2 -SCOPE AND RECOGNITION

2.01 The Company recognizes the Union as the bargaining agent for all employees of Dollar Thrifty Automotive Group Canada Inc. employed at Pearson International Airport, save and except supervisors, persons above the rank of supervisor, mechanics and assist mechanics, office, clerical and sales staff, casual employees, temporary agency employees, students employed during school vacation periods, and persons employed in any other bargaining units.

ARTICLE 3 -MANAGEMENT RIGHTS

3.01 · The union. recognizes and agrees that, except as specifically abridged or modified·by.this agreement, all. rights, powers and authority with respect to the m·anagement of the Company and the direction of the working forces are retained solely and exclusively by the Company.

3.02 For greater certainty, but without limiting the generality of the foregoing, the Union agrees that the Company has the sole and exclusive right to :

(a) operate and manage its affairs and facilities in all respects in as efficient and economic a manner as it sees fit;

(b) maintain order, discipline and efficiency;

(c) hire, retire, assign, direct, promote, demote, classify, transfer, layoff and recall employees and suspend, discharge or otherwise discipline non-probationary employees for just cause;

(d) determine the nature and kind of . business conducted by the Company, the products to be carried, the kinds and locations of equipment, merchandise, goods, fixtures and type of customer service to be used, the control of materials and goods, the methods and techniques of work, the schedules ·of work, number of personnel to be employed; the number of hours to be worked;

[Page 1 of 27]

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· Collective Agreem'erit November 9, 2013 to November 8, 2016

starting and finishing times and overtime requirements; make . studies of and institute changes in jobs, job assignments and standards; discontinue, reorganize, limit, combine, substitute any operation or part thereof; and determine all other functions and prerogatives herebefore invested in and exercised by the Company which shall remain solely with the Company;

(e) assign employees to any locations as per business and company requirements ;

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

(g) suspend, discharge or otherwise discipline probationary employees at its discretion. It being further agreed that the suspension, discharge or disciplining of a probationary· employee shall not be considered a difference or dispute arising between the probationary employee and the Company or between the Union and the Company.

(h) no employee of the Company excluded from the bargaining unit described in article 2.01 may perform work normally performed by bargaining unit employees where:

(i) the performance of such work by excluded employees would result in the lay-off of one (1) or more bargaining unit employees; or

(ii) there are bargaining unit employees on lay-off who have the necessary skill and ability to perform the work required and the wcirk required is sufficient to recall one ( 1) or more employees to work at least eight (8) consecutive hours per week.

This clause shall not apply in the cases of training, testing, time studies, product development or emergency.

ARTICLE 4 ~UNION SECURITY

4.01 All employees shall make application for membership in the Union during their probationary period and shall become and remain members of the Union in good standing upon completion of their probationary period.

4. 02 It is agreed that, for the purposes of the collective agreement, membership in good standing shall be fully satisfied by the payment of the initiation fee and the regular union dues from the first day of employment.

4.03 The Employer shall, during the term of this Agreement, deduct from members of the bargaining unit the regular bi-weekly Union Dues,· and such Dues shall be remitted to the Union prior Jo the 151

h day of the month following the month in which such deduction is made.

The Employer shall collect Membership Initiation Fees as may be established by the Union and forward application forms and such Fees to the Union with the regular mont~ly Dues remittance.

[Page 2 of 27]

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Collective Agreement November 9, 2013 to November 8, 2016

The Employer shall notify the Union of new employees and rates of pay, in addition to terminations, on a monthly basis. Deduction statements shall be documented by location containing the full name of the employee and his starting date. The Employer agrees to record the annual· Union Dues for each employee on his T4 Form.

In the event such bi-weekly Dues are changed during the term of this Agreement, such change will be given to the employer by notice in writing properly authorized by Union officials and shall become effective not earlier than the commencement of the second month following the month such notice is received.

The dues and initiation report will be provided in the forms of e-mail ([email protected]) or on computer diskette as well as a hard copy of the dues .report being attached to the remittance cheque which shall be in standard spreadsheet format (Excel, QuartoPro, Lotus or other such software program) and shall contain the following current information:

a) Social Insurance Number

b) Employee Number

c) Full Name

d) Full address (including City and Postal Code)

e) Telephone number (including area code)

f) Rate of pay

g) Classification

h) Full-time or Part-time designation

i) Union dues deduction (current)

j) Total union dues deducted (Year to Date)

k) Initiation fees deducted (current)·

I) Total initiation fees deducted (Year to Date)

4.04 The Union shall indemnify and save harmless the Employer, its agents and/or employees acting on behalf of the Employer, from any and all grievances, claims, demands, actions or causes of action arising out of, or fn any way connected with this article. This shall not operate. so as to restrict the Union from filing a grievance complaining that the Company has failed to deduct and, remit dues as required by the collective agreement. ·

ARTICLE 5 -NO STRIKE/NO LOCKOUT

5.01 In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that, during the life of this Agreement there will be no strikes, picketing, slowdown or stoppage of work either complete or partial. The Company agrees that, during the term of this Agreement, there will be no lockout.

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Collective Agreement November 9, 2013 to November 8, 2016

ARTICLE 6 -UNION STEWARDS AND COMMITTEES

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

6.02 The Company agrees to recognize a negotiating ·committee consisting of two (2) employees. The Company agrees to pay two (2) employees up to a maximum of eight and one-half (8.5) hours per day during negotiations, provided that the negotiations on the day have a minimum of four (4) hours duration with both the Compimy and the Union involved.

6.03 (a) The Union shall have the right to appoint or otherwise select two (2) Stewards and tWo (2) alternate St~ward representing all locations within the bargaining unit. No employee shall · be appointed or otherwise selected as stewards or alternate steward until such person: has completed his/her probationary period of- employment with the Company. The alternate steward shall act only in the absence of the steward.

(b) The Union shaJI notifyJhe Company, in writing, of the names of the Stewards ·and alternate Steward before the Company shall be required to recognize such Stewards and alternate Steward.

(c) . The Union agrees that the Steward's first obligation is to perform his regular duties on behalf of the Company. The Steward will not leave his regular duties without first obtaining permission from his Supervisor or his designate. If permission is granted, the matter will be _dealt with expeditiously. It is further understood that the processing of a grievance to management shall not interfere with the regular conduct of business including the servicing of customers.

6.04 . Upon reasonable notice to the Manager or his/her designate, a Union Staff , Representative. sha:ll be allowed fa. confer with employees (maximum one employee at a time) over matters directly telated to this collective ·agreement in an area allocated by management, but must not interfere with the regular conduct of business, including the servicing of customers.

ARTICLE 7 -GRIEVANCE PROCEDURE

7.01 It is understood that nothing contained in this Article is intended to preclude the informal review of employee complaints or concerns between the employee and management.

7.02 . For the purposes of the Collective Agreement, a grievance is defined as a difference or dispute, between, the Company and any employee(s) coming specifically under this Collective Agreement, concerning the interpretation, application or alleged violation of this Agreement or any matter which is expressly directed for resolution under the Grievance and Arbitration Procedures by any Ontario statute.

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Collective Agreement November 9, 2013 to November 8; 2016

7.03 It is the mutual desire of the parties hereto that any complaint of an ·employee shall be responded to as quickly as possible, recognizing that efficient customer service is the primary concern. Research or preparation with respect to a grievance by the Union or the employee involved will be conducted outside of working hours. The processing of a grievance to management by the aggrieved employee. will be done during working hours but must not interfere with the regular conduct of business, including the servicing of customers. ·

7.04 Step 1 ' There shall be no grievance until the employee's Supervisor or his

designate has first been given an opportunity to deal with the problem. Such problem must be discussed. with .the Supervisor or his designate within fiye (5) business days after the event or circumstances giving rise to the problem has occurred, and, if the employee is not satisfied with the reply of.the Supervisor or his desig_nate, such reply shall be communicated in writing to the employee within five (5) business days, the employee may file a written grievance in the following manner and sequence.

Step 2

A written grievance signed by the grieving employee must be submitted to the Supervisor or his designate within five (5) business days after receipt of the reply of the Supervisor or his designate. The nature of the grievance, the section or sections of the Agreement which are alleged to have been violated, and the remedy sought shall be clearly set out in the grievance. The Supervisor or his designate will render a decision in writing within five (5) business days following the day on Which the grievance was presented. Failing settlement, then:

Step 3 ·

··Within. five· (5) business days follOWing the. decision. under· Step 2; the grievance shall be taken up by the Business Representative of the Union with the Area Manager or assigned. Thereafter, the Area Manager shall render a decision within five (5) business days from the date on which the grievance was re-submitted. If either the Area Manager or. the Union requires a meeting, it will be held at the Company's offices. Such meeting shall include a representative of the Union, the grievor, as well as representatives of the Company. Upon the conclusion of any such meeting, the employee shall return to work immediately, it being understood that no employee shall suffer a loss of earnings in respect of any such meeting held during his working hours.

7.05 Policy Grievance

A grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of this Agreement shall be originated under Step Number 3 and shall be submitted in writing and shall provide the information as required in Step .1

[Page 5 of 271·

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Collective Agreement November 9, 2013 to November 8, 2016

· hereof . However, the provisions of this paragraph must not be used with respect to a matter upon which an e_mployee or employees would be personally entitled to grieve and the regular grievance procedure shall not be thereby by-passed. Any grievance· by the Company or the Union as provided in this paragraph shall be commenced within ten (10) business days after the circumstances giving rise to the grievance have occurred.

ARTICLE 8- ARBITRATION

8.01 Failing settlement under the forgoing procedure of any grievance between the parties arising from the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitratable, ·such grievance may be. submitted .to arbitration ·provided that all the requirements of paragraP.hs 7 .0.4 and 7. 05 as applicable ·have been met. If no wfittem req!.Jest for arbitration is received within fifteen (15) business days ·after the decision. under Step Number 3 or under paragraph 7.05 is given, it shall be deemed to. have been settle.d and not eligible _tor arbitration. · · ·

' . . . 8.02 . Any grievance not submitted within the time limits set out in Articles 7,

8.01 arid 9.02 nor advanced by the grieving party within ,any of the time limits provided shall be deemed to have been abandoned. Section 48 (16) of the Labour Relations Act. 1995, shall not apply to this Collective Agreement. No matter may be submitted to arbitration wllich has not been properly carried through all the requisite steps of the gi-ievance procedure. Where no answer is given within the time limits specified in the grievance procedure, the grievance may be submitted to the next step of the grievance procedure.

8.03 (a) If the Company or the Union requests that a grievance as above ·provided be submitted to arbitration, they shall make such request in writing :addressed to the·.other party to this Agreement. The parties will . attempt to agree upon an 'arbitrator, but upon failure to agree the parties will request the Minister of Labour of Ontario to appoint an Arbitrator.

(b) Section 8.03(a) shall not preclude either party from utilizing Section 49 of the Ontario Labour Relations Act, 1995 as amended

8.04 The Arbitrator shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. ·

8.05 Each of the parties hereto will bear the fee and expenses of the nominee appointed by them and the parties will equally share the fees and expenses of the chairperson of the Arbitration Board.

8.06 The time limits fixed in both the grievance and arbitration procedures may be extended by mutual written consent of the parties to this Agreement.

8.07 The arbitration award shall be binding on the parties to this Agreement and any employee(s) involved.

[Page 6 of 2?1 ·

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'··~ ·,' .......... . . ····- .. , ..

Collective Agreement November 9, 2013 to November .8, 2016

ARTICLE 9 -DISCIPLINE AND DISCHARGE

9.01 Subject to the provisions set out below, a claim by an employee, who has successfully completed his probationary period, that he has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as provided for in Article 7 and Article 8.

9.02 An employee who is. dischamed shall be so notified in writing by the Company. If an employee who has completed his probationary period, considers he has been discharged without just cause, he may submit a grievance in writing under Step 2 of the grievance procedure within five (5) business days following his discharge .

9.03 Where the Company requests a meeting with. an employee· in. order to. impose . formal discipline, .. a .. disciplinary suspenslol} or a disciplfnary termination, the employee shall be afforded an opportunity of having a union steward or a bargaini[lg unit men:Jber. of his ch9ice, who is presently working, in the absence of. ·a Union Steward present' at such meeting, · unless the offence is of such gravity that it requires immediate attention .

. Certain offenses are of such gravity and importance that they shall be deemed to constitute just cause for the immediate discharge of the employee concerned. Such offences include but are not limited to: .

1.

2. 3. 4.

5.

Theft from co-workers, customers, third parties or the Company. · Fighting. Use or possession of drugs or alcohol while on duty. Use or possession of firearms, weapons or explosives, or the threat to use weapons of any kind. Unauthorized use of a company vehicle.

Where the Company decides·, in ·light of the .specific circumstances of the case, to impose a disciplinary penalty short of discharge for a grave offence as mentioned above, such penalty shall be deemed to be appropriate, .if the offence is proved:· The imposition of such lesser penalty in one case shall not operate as a limit to management's discretion to impose the penalty of discharge in another case. Where the dismissal of an employee for a serious offence is made the subject of a grievance which proceeds to arbitration, the Company shall be required to establish, on a balance of probabilities, that the employee committed the offence. Where the Company ·establishes that the employee committed. the offence, then the Arbitrator or Arbitration Board, as the case may be, shall not inquire into the penalty imposed.

9.04 (a) Where an employee requests, in writing, he/she shall be permitted to review his/her personnel file in the Human Resources Department in the presence of the Manager of Human Resources, or his/her designate, once in each calendar year. The employee· shall not add or remove anything from the personnel file.

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Collective Agreement November 9, 2013 to November 8, 2016

. (b) The Company shall remove any discipline less than a three (3) day suspension from an employee's discipline record where the employee successfully works a period of twenty-four (24) months from the date of the discipline without incurring any further discipline.

ARTICLE 10- PROBATIONARY EMPLOYEES

10.01 An employee will have no seniority and shall be .considered on probation until he has completed ninety (90) days of work since the last date of hire with the Company. The probationary period may be exiended by mutual agreement by the Parties.

The Company may discharge probationary employees at its discretion exc;ept for reasons' covered .by the Human ·Rights Code:· It .is further agreed that the discharge, suspension, demotion or other disciplining of a probationary employee shall not be considered a difference or dispute arising between the probationary employe~ and the Company or. between. the Parties.

ARTICLE 11 -SENIORITY 11.01 (a) For regular full-time employees and regular part-time employees,

seniority shall be defined as total employment in the bargaining unit within their classifications since the last date of hire with the Company.·

11.02

(b) Upon successful completion of the probationary period of ninety (90) days of work, shall be credited with seniority back to his last date of hire.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

An employee shall lose all seniority and his employment shall be automatically terminated for any of the following reasons:

he resigns his employment;

he is retired;

he is discharged for just cause and is not reinstated;

he has been laid off for a period equal to the lesser of his seniority as posted under Article 11:04 or twelve (12) months.

he does not perform work for the Company for any reason other than (d) above for a period of twelve (12) calendar months;

he is absent from work for three (3) consecutive working days unless a reason satisfactory to the Company is given to the . Company;

regardless of (f) above,. he is absent from work for three (3) consecutive working days without notifying the Company in advance, unless it was impossible for the employee to so notify the Company.

if a laid-off person who is recalled to work fails to return to work within ten (1 0) calendar days of mailing of notification of return.

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Collective Agreement November 9, 2013 to November 8, 2016

(i)

11.03

(a)

(b)

(c)

(d)

(e)

Such mailing shall be by registered mail to the last address of the person that the employer has in its files for that person;

if laid off person is recalled to employment pursuant to article 11.03 (b), (d) or (g) and the person declinesthe offer of recall;

an employee utilizes a leave of absence for purposes other than those for which it was granted or fails . to return to work on the conclusion of a leave of absence. It will be the responsibility of employees. to provide written notification of any changes in their . address to the Payroll Department.

Layoff and Recall

If the Company decides to decrease·· the full-time workforce, employees will be laid off from work in reverse order o( their seniority p"rovided that the remaining employees h?ve the requisite of skill, ability and qualifications to perform the work remainirg. ·

If the Company decides to decrease the part-time workforce, employees will be laid off from work in reverse order of their seniority provided that the remaining employees have the requisite of skill ability and qualifications to perform the work remaining. ·

The Company agrees not to lay off a full time employee and replace the displaced full time employee!s shiftwith two (2) or more part time employees.

Where the Company conducts a layoff the employees displaced from their classification may displace the most junior employee. in the bargaining unit in a lower rated classification provided that the employee has the skill and ability to perform the work of the junior employee. ·

. Where the Company has wotk available in the · employee's classification it sha!l re~all the most senior employee (full time for

··full time work and part time for p!'lJi time ·work)' 'provided tlie employee has the qualification to perform the available work.

11.04 The Company agrees to post separate seniority lists for the regular full­time employees and the regular part-time employees in the bargaining unit within their classification once a year. A copy of such list will also be supplied to the Union. Employees shall have thirty(30) days to challenge the accuracy of the list. Thereafter, it shall be binding on all parties until the circulation of the next list. ·

11.05 Where an employee who has completed his probationary period is transferred to a· full-time position outside the bargaining unit, he may return or be returned to the bargaining unit within ninety (90) days with full seniority credit up to the date of his return. Should an employee's time outside the bargaining unit extend beyond ninety (90) days, such employee may be transferred back without seniority in to the bargaining unit to a vacant position and the Company will not be required to post

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Collective Agreement November 9, 2013 to November 8, 2016

such vacancy under other prov1s1ons of the Collective Agreement, provided that such transfer shall not cause the displacement of any existing seniority rated bargaining unit employee.

11.06 The Company when reducing hours of work, agrees it will not reduce the regular scheduled hours of the employees for the purpose of replacing such hours with casual help or non-bargaining unit employees.

11 :07 Should any prior job classification or classifications be re-established during the term of this. Agreement, or should any new classification or classifications be established during the term of this. Agreement pursuant to Article 2 - Scope and Recognition, t.he parties agree that the rate of pay for such classification shall be negotiated between them, provided, however, ·that in the. event the parties are unable to agree, the employee shall work at whatever rate shall be set by the Company and the matter shall be submitted .to arbitration as is provided in the grievance procedure and the parties shall abide by the result of the arb_itration. ·

ARTICLE 12 -EMPLOYEE ABSENCE

12.01 (a) Employees are required to attend work regularly. When unable to attend, the employee inust contact his Supervisor or his designate as far in advance as possible of his sc;;heduled starting time, giving the reason he is unable to attend work, the date of his expected return, and the details as to where he can be contacted during his absence. If the employee cannot contact his Supervisor or his designate he must advise the company as soon as possible with a reasonable explanation for the delay.

(b) Where an employee's absence from work is two (2) schedl.Jied work days · or longer, the employee shall" · s"peak personally . or by telephone with his/her supervisor, failing which the employee shall be subject to progressive discipline up to and including. discharge from employment.

(c) When requested by the Company, an employee must provide a reasons for their absence, In the case of absences due to medical reasons, the Company may require the employee to provide a doctor's note with the following information: .

• Date of appointment;

• Reason for absence (not required to provide a diagnosis);

• Any restrictions that the employee may have; and

• expected date of return.

The Company may require Doctor's notes for any sick incident of two (2) consecutive days of longer, or where the employee has already used four (4) sick days in a calendar year.

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Collective Agreement November 9, 2013 to November.B, 2016

(d) The Company requires an employee, who has been absent from work .for a period exceeding three (3) working days or otherwise has been absent from work on a recurring basis, ·to provide a medical report stating they may return to work prior to permitting the employee to return to work. Each absence will be considered as one occurrence as per the attendance policy. This provision shall not be construed as restricting the circumstances Linder which the Company may require a doctor's report under (c), above.

ARTICLE 13 -BULLETIN BOARD

13.01 The Company shall make available a place in an area designated by the Company for the purpose of posting notices regarding meetings and other similar union matters directly relating. to employees of the bargaining uf.lit. All such notices must be signed by a union officer and must be approved by the Ma"nager or his designate prior to posting. Management approval· shall notbe unreas<inablywithheld. · · · · · ·

ARTICLE 14 -LEAVES OF ABSENCE

Personal Leave

14.01 (a) The Company may grant leave of absence without pay for legitimate personal reasons. Request for such leave shall be made in writing to the Manager clearly stating the reasons ·for such request and the proposed duration, at least two (2) weeks in advance. The company may, in its sole discretion consider requests for personal leave on shorter notice. The maximum length of an unpaid leave of absence is thirty (30) calendar days. Longer leave of absence · will only be granted under extenu~ting circumstances and niust have prior approval in writing by Human Resources. All vacation entitlement must be used prior to requesting a leavE? of absence. The Company shall reply in writing within two (2) weeks, to all written requests for leave of absence. A copy of such reply shall be supplied to the employee making the request.

Sick days cannot be used to extend a leave of absence.

(b) It is understood that the Company will consider granting a leave of absence where an employee has pre-booked and paid a non­refundable travel ticket for future vacation time which is booked.

14.02 Union Convention Leave.

The Company shall grant leave of absence without pay to the Union Steward to attend Union Conventions or Conferences. Such leave must be applied for at least two (2) weeks in advance and all leaves for all employees shall not exceed five (5) working days per contract year in total

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Collective Agreement November 9, 2013 to November 8, 2016

and only one employee may be granted such leave at any one time. The Company may, in its discretion, allow both the Steward and alternate Steward to be on such leave at the same time if requested.

14.03 Pregnancy and Parental Leave

Employees will be e11titled to pregnancy and parental leave, as per the Employment Standards Act, 2000.

14.04 Jury Duty

Full time employee to be paid their normal daily straight time hours if called for Jury Duty or subpoen13ed. The regular part time employee shall be paid their regular rate multiplied by their average hours worked over the thirteen (13) week period, immediately preceding the Jury Duty.

14.05 Bereavement Leave ·. '

(a) In the event of a death in the immediate family, a regular {ull-time employee who notifies the Company as soon· as possible will be granted up to five (5) scheduled work days' off, without loss of pay from regular earnings. The length of such leave shall be determined by the Company. "Immediate family" shall be defined as parents, current wife, ·current husband, children, brother or sister of the employee. In the event of the death of a grandparent, current mother-in-law, current father-in-law, current son-in-law or current daughter-in-law, a regular full-time employee who notifies the Company as soon as possible will be granted one (1) day off without loss of pay from regular earnings. The company may in its sole discretion consider special r(:)quests for extended unpaid time ?<Way from

.. work ·associated vvith a' bereavement.

(b). · The· above 14.05 (a) will also apply to regular part~time e:imployees e)\cept they shall_ be paid th.eir. regular rate multiplied by their average hours wo.rked ·over the thirteen (13) ·week. period immediately preceding the bereavement leave, if they are normally scheduled to work at this time.

14.06 Emergency Leave

It is agreed and understood that· all leaves of absence under this Agreement including, but not limited to, sick leave (23.01), personal leave (14.01), jury duty leave (14.04) and bereavement leave (14."05), whether paid or unpaid, provide "a greater benefit" to employees within the meaning of section 5 (2) of the Employment Standards Act, 2000, than the employment standard "emergency leave" provided in Part XIV and ih section 50 of the Employment Standards Act. ·2000 such that the statutory emergency leave shall not apply to employees under this agreement.

{Page 12 of Z7J

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Collective Agreement November 9, 2013.to November 8, 201.6

ARTICLE 15 -HEALTH AND SAFETY

15.01 There shall be one (1) Health and Safety Worker Representative representing the bargaining unit to be a member of the Company's Joint Health and Safety Committee. The Committee shall meet at least once every three (3) months during regular working hours. Minutes of the meetings shall be kept and shall be posted in all.locations, along with the names of members ·of the Committee. Anyone who has a health and safety concern shall contact his/her supervisor and a member of the Joint Health and Safety Committee. If the Committee considers it necessary to call a meeting to discuss the employee's concern, such meeting will be held during regular working ho.urs.

15.02 Where an employee is injured at work during the performance of his duties as a result of which he cannot. complete the balance of his shift as determined by either the s.upervisor Qr his designate, he shall be paid for. the balance of his shift at his regular hourly rate.

ARTICLE 16 -HOURS OF WORK AND OVERTIME

16.01 The Company agrees to use its best efforts to maintain normal hours of work for regular full-time employees of eight and one-half (8.5) hours per day and forty-two and one-half (42.5) hours per week. Regular full-time : employees shall be provided with a thirty (30) minute unpaid meal period. The work week for regular part-time employees shall be less than thirty (30) hours per week, not including a thirty (30) minute unpaid meal period. Exceptions to the above may occur in cases of emergencies, replacement of bargaining uri it ·employees due to training, leaves, vacation and other

·. operational.requirements. · ·

16.02 It is understood. arid agreed that the provisions of this Article arelntended or~IY. to provide a basis for calculating time w.orked and shall not be

. considered a guarii'htee• as to the hours bf wof'k per day' or. the days of work per week. ·

16.03 Authorized hours worked in excess of eight and one-half (8.5) hours per day or forty-two and one-half (42.5) hours in the employee's work week shall be paid at the rate of one and one-half (1.5) times the employee's regular hourly rate of pay.

16.04 Overtime and other premiums shall not be paid more than once for any hours worked and it is agreed that there shall be no pyramiding of overtime or any premiums provided for in this agreement.

16.05 The parties to this agreement recognize that the needs of the business may require the performance of overtime work from . time to time and employees will co- operate in the performance of such work. If overtime is required at a speCific location in a specific classification, the Company shall offer the work according to seniority to qualified employees working .

[Page 13 of 27}

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Collective Agreement November 9, 2013 to November 8, 2016

at the location in the classification during the same time period or call in an employee in the classification in the bargaining unit. If the Company's requirements are not met using this process, then the available work may be assigned to employees in the classification in reverse order of seniority, first to part-time employees and then to full-time employees. Where overtime work, not exceeding the statutory maximum under subsection 17(2)(b) of the Employment Standards Act, 2000, and not exceeding a total of three hundred (300) hours in a calendar year for any employee, is so assigned, the employee shall work the overtime. The Union agrees to co-operate with the Company's application for a permit for overtime hours under the Employment Standards Act, 2000 as amended.

16.06 The Company will direct the time and location for the employees to take a thirty (30) minute unpaid nieal period such that the employee shall ·not be · required to work more than five (5) consecutive hours without such thirty (30) minute unpaid meal period: The Company shall provide each employee with one (1) fifteen (15) minute paid rest p~riod in each half of a shift consisting of at least eight (8) hours duration at a time directed by the employee's supervisor. Upon mutual agreement between the company and the employee, two (2) fifteen (15) minute paid rest periods and the thirty (30) minute unpaid lunch period may be combined to give a one (1) hour meal period, of which thirty (30) minutes shall be paid time.

16.07 Work schedules shall not be changed without two (2) calendar days notice to each employee affected by such change; however, this shall not apply in an emergencysituation.

16.08 The Company shall provide the location with tools in order to enable employees to record their time for payroll purposes.

. . .

·16.09 When an emplo.yee reports for work at the·commencemeRt of his regularly scheduled shift, hE) shall be entitled to ·a minimum of four (4) hours work or four (4) four hc;>urs' pay at his regular straight time hourly rate;:unless the l?ck of )Nork .is due to "[eascins .beyond the .control of thE; Company or unless the Company ha·s contacted the employee before the scheduled start of the employee' s shift.

16.10 Where the Company determines that a vacancy exists, the Company shall post a notice of such availability. Employees in the classification will have five (5) days to inform their supervisor in writing that they wish to be considered for the available shift. At the end of the five (5) day period, the Company will review the applicants for the shift available from those who have signified interest on the basis of skills and ability. Seniority in the classification shall be the determining factor where two or more interested employees are qualified and have relatively equal skill and ability. If nobody who has applied has the necessary skill, ability and qualifications to satisfactorily perform the requirements of the job without training, the Company may select any employee in the bargaining unit for training or . may appoint an employee from outside the bargaining unit or may hire a new employee. It is understood that this process ~hall only be applicable

[Page 14 of 27}

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Collective Agreement . November 9, 2013 to November 8, 2016

for the initial shift availability so that any subsequent shifts becoming available through the application of this process may be filled from within the classification at the .sole discretion of the Company.

16.11 It is agreed that employees under this agreement may be required to work regular hours up to forty-two and one half (42.5) hours per week or overtime hours as otherwise required and provided for under article 16.05, above.

16.12 It is understood that within the Rental Sales Agent ("RSA") classification, duties may include duties servicing customers at the counter ("Counter 'Duties") and/or duties servicing customer~:? in the Terminal Parki~g Lot with a wireless handheld unit ("Handheld Duties"). The Company may assign Counter· Duties and/or Handheld':Duties to any 'RSA(s)' in its sole arid exclusive discretion. Any RSA may be assigned exclusively to Counter Duties, exclusively to Handheld putjes or to a blend o~ Counter Duties.and Handheld. Duties in ·the Company's ·sole' and exclusive discretion. The Company shall not exercise its discretion pursuant to this Article in an arbitrary manner, it being further understood that assigning an employee to Handheld Duties because of the Company's perception of the employee's relative lack of selling ability shall not, in any case, be considered arbitrary.

16.13 From time to time, the Company may determine to change the existing shift schedule and where it does so, the following shift bidding process shall be used:

(a) The Company shall determine the shifts available for Full-Time Employees and for Part-Time employees including the days and hours of work and the Company shall post the available shifts for seven (7) calendar days (the "posting period").

(b) Where an employee who. is otherwise absent from work, ~:?peaks to his supervisor by telephone during . the posting period, the Supervisor will advise the Employee of the ongoing shift bid and the absent employee rl)ay submit his or her preferences in accordance with the balance of this article.

(c) Prior to the end of the posting period, each employee shall, in writing, provide to the Company his/her preferred shifts in descending order of preference from the shifts posted by the Company. Full-time employees shall submit their preferences for full-time shifts and part-time employees shall submit their preferences for part-time shifts.

(d) After the end of the posting period, the Company will place each employee into an open shift in order of seniority and in order of the preference provided by the employee.

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Collective Agreement November 9, 2013 to November 8, 2016

(e) Where an employee does not provide the Company with his/her preferences within the posting period or where the shifts preferred by the employee are no longer available because they have been ·selected by more senior employees, the Company will place the employee in an open shift in its discretion.

(f) ,The Company will post the final schedule at least seven (7) calendar days before the schedule is to take effect.

ARTICLE17 -VACATIONS

17.01 Regular full-time employees who have completed one (1) year to three (3) years of service inclusive shall receive two (2) weeks vacation with pay based:(m,fourpercent (4%) of gross earnings for \he prior calendar year.

. . Regular full-time employees who hav~ completed three (3) years to nine (9) years of service inclusive shall receive· three (3) weeks vaca:tion with pay based on six percent (6%) cif gross earnings for the prior calendar year.

Regular full-time employees who have completed ten (1 0) years of service inclusive shall receive four (4) weeks vacation with pay based on eight percent (8%) of gross earnings for the prior calendar year.

Regular full-time employees who have completed eighteen (18) years of · service inclusive shall receive five (5) weeks vacation with pay based on ten percent (1 0%) of gross earnings for the prior calendar year.

· The Company will post by November 1st of each year a schedule . indicating available vacation times.: Employee.s will have until Nove.mber 30th to select their vacation. Entitlement to vacation shall be determined based upon the employee's seniority as of Januar)- 1st of the vacation year. Any conflict in preference of. vacation will be resolved by seniority within their classifications. During the peak period of July 1st to September 15th, only one employee from each classification will be granted vacation up to 1 week in duration in accordance with operational staffing requirements.

The vacation year shall be from January 1st to December 31st and there shall be no carryover of vacation from one vacation year to the next.

Employees shall receive vacation pay in their last pay cheque prior to going on vacation, provided they have supplied the Company with written notification at least two weeks prior to the requested vacation period.

ARTICLE 18- PAID HOLIDAYS

18.01 Employees who qualify pursuant to the Employment Standards Act, 2000 shall be entitled to the following holidays with pay for the following days:

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· Collective Agreement November 9, 2013 to November 8, 2016

New Year's Day

Victoria Day

August Civic Holiday

Thanksgiving Day"

Boxing Day

Good Friday

Canada Day

Labour Day

Christmas Day

Family Day

Full time employees shall also be entitled to two (2} floating holiday with pay to be taken at a time mutually agreed to by the employee and the Company. There will be no carry over of Floater Day from year to the ne~. ·

It is understood t~t by providing for nine (9) fixed hol.idays arid two (2) floating holidays, this Collective Agreement provides for a· greater right or benefit thari the Employment Standards Act, 2000.

For full time employees, pay for each of the above holidays will be the employee's regular straight time hourly rate multiplied by the full time normal daily straight time hours.

For "part-time employees, pay for each of the above holidays will be the employees regular straight time hourly rate multiplied by the employees total straight hours in the four (4) weeks preceding the week containing the holiday, divided by the number of days on which the employee worked in the same period. ·

18.02 Employees qualify for entitlement under Article 18.01 unless they fail without reasonable cause to work all of their last regul13rly scheduled day

. . "of work before the publi? holiday or ·all of the;jj: first regularly scheduled day · of work after the public holiday. or fail withotJt· reasonable cause to work

their entire shift on the public holiday if they agre.ed to or were required to work that 'day. An employee may request by seniority not to work on a paid holiday. Two (2) weeks advance written notice is required from the employee. Management has the right to determine the number of employees required to work on the paid holiday. Where an employee's request not to work cannotbe accommodated, the Company will so advise the employee.

18.03 Where one of the above-mentioned paid holidays falls during an employee's approved vacation period, he shall be allowed an e~ra day's vacation with pay or an e~ra day's pay by mutual agreement between the employee concerned and the Company.·

18.04 Subject to 18.03, where a holiday falls during any absence including layoff, the employee will not receive pay for the holiday.

18.05 Where a regular employee is required to perform work on one of the above-mentioned holidays, he shall be paid time and one-half his regular straight time pay for .all hours worked and either the holiday pay under

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Collective Agreement November 9, 2013 to November 8, 2016

Article 18.01 or another day off with pay in lieu of the holiday with pay as set out above to 'be taken at a time mutually agreeable to the employee and the Company.

18.06 It is understood and agreed that the two (2) floating holidays provided for in paragraph 18.01, above, are provided in lieu ofany entitlement that any employee may have to time off w~h or without pay for observance of religious holidays other than those already specifically provided under the Employment Staodards Act, 2000 and/or article 18.01.

For greater clarity: Employees may choose to utilize the above days for reasons other than religious observance but shall not be entitled to any additional days off, with or without pay, for observance of religious holidays. Further, it is expressly understood that employees requests to utilize the fklating holi.days on . a particular religious h0Udays shall "be considered by the Company in the order that they are received (and where multiple requests are received ·on the same day, in order of seniority for requests received on the day). The Company shall not be req)..lired to grant more than: · ·

(i) one (1) request from RSAs on the same shift. Shifts are defined as morning shifts (those sta.rting prior to 12:00pm) and afternoon shifts (those starting on or after 12:00pm).

The parties agree that this article satisfies all obligations to provide time off for religious holidays that may arise pursuant to the Human Rights Code and any requirement for the Company to do more than is expressly provided for herein-above \!\(ill amount to undue hardship upon the Company. Nevertheless, the Company may, in its sole and unfettered discretion, grant requests in addition to those specified above where, in its opinion, the granting of such additional requests does not· impact its operations or the efficiency thereof.

ARTICLE 19 - BENEFITS

19.01 Full Time Employees

The Company agrees to contribute one hundred percent (100%) of the billed premiums towards the coverage of eligible regular full-time employees .in the employ of the ComRany under the benefit plans currently in place:

Life Insurance, Dependent Life Insurance, Accidental Death and Dismemberment, Long Term Disability, Supplemental Health Care, Dental Care and Vision Care Expense Insurance.

19.02 It is understood that the benefit plans are not part of this agreement and are not subject to the grievance and arbitration procedure.

19.03 The Company will inform regular full-time employees thirty (30) days in advance of any changes to the Health and Welfare program.

[Page 18 of 27]

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Collective Agreement November 9, 2013 to November 8, 2016

ARTICLE 20- WAGES

20.01 The minimum hourly rate of wages for all employees coming under this agreement shall be as per Appendix "A" of this agreement.

20.02 The Company has the discretion to designate one (1) or more employees to assume the added responsibilities of a "Lead Hand" for the classification. Such designation shall be revocable by the Company. An employee holding the designation of "Lead Hand" shall receive a premium of one dollar and fifty cents ($1.50) per hour for all hours worked as "Lead Hand".

20.03 It is understood that at the time of entering into this agreement, the Company has a performance bonus plan in which some Rental Sales Agents may participate. It is expressly understood that the aforesaid bonus plan does not form a part of this collective agreement and is a unilateral plan of the Company. As such, it is further understood that the performance bonus plan is subject to change or elimination at the sole and exclusive discretion of the Company and such change or elimination is not capable of being a difference between the parties and is not, therefore, subject to the Grievance or Arbitration Procedures under this collective agreement. Any issue between an employee and the Company respecting any claimed entitlement under the performance bonus plan is not capable of being a difference between the parties and is not, therefore, subject to the Grievance or Arbitration Procedures under this collective agreement.

20.04 The Company shall pay a premium of one dollar ($1.00) per hour for all hours worked to the RSA assigned to Handheld duties pursuant to article 16.12, above, while the RSA is so assigned.

ARTICLE 21 -GENERAL 21.01. (a) For • .the ·p1.Irpose of interpretati9n, wherever the feminfne gender is

used in this Agreement, it shall be deemed to include the masculine and vice-versa, and similarly, the singular shall include the plural and vice-versa, as applicable.

(b) "Regular Part-Time Employee" means an employee who has successfully completed his probationary period and is scheduled thirty (30) regular hours or less per week.

(c) "Regular Full-Time Employee" means an employee who has successfully completed his probationary period and is regularly scheduled for more than thirty (30) regular hours per week.

(d) Where this Agreement makes reference to "employee" or "employees", it shall include both regular full-time and regular part­time employees.

(e) "Business days" means week days, Monday to Friday excluding holidays or other days on which the employers Head Office. is closed.

[Page 19 of 27]

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Collective Agreement November 9, ·2013 to November 8, 2016

(f)

(g)

(h)

21.02

21.03

"Working days", "days worked" or "worked days" means those days actually worked by an individual employee. ·

Where this Agreement makes reference to "classification(s)", it shall refer to regular full-time and regular part-time employees as being two different classifications within the bargaining unit

Casual Employee means a person who is not regularly scheduled to work and who is employed under an arrangement whereby the person may elect to work or not for a temporary period when requested to do so. (Subsections 2 (1) 10 and 9 (1) 9 of Regulation 288/01 made under the Employment Standards Act. 2000).

It is understood that employees shall not be permitted to be employed by another car rental or leasing Company.

(a) The Company agrees that it will provide wearing apparel to ·its employees jf .such specific uniforms are required by the company. ·

Employees shall present themselves for work with a neat and clean appearance and in accordance with the Company's dress code and uniform policy.

(b) Rental Sales Agents will be reimbursed for dry cleaning of Company supplied uniforms which require dry cleaning upon presentation of receipts to a maximum of forty-five dollars ($45.00) per month for full time employees and twenty-five dollars ($25.00) per month for part time employees. Receipts shall be submitted to the Airport Manager monthly by the fifth 51

h day of the following · month. Payment will be reimbursed on the second (2"d) pay period of the month.

(c) The Company shall provide Cl footwear allowance of $80.00 ( eighty~dollars) per year to· all Regular Full Time· Employees employed as of November 1st each year, and paid on the first pay in December of the year. It is understopq that the footwear allowance for shall orily be payable as a reimbursement for the purchase of approved dress code shoes.

21.04 Labour Management Committee

A Labour Management Committee will be established which will consist of two (2) Union Stewards and two (2) representatives of the Company. The purpose of this committee is to promote effective and meaningful communication of information and ideas that is of mutual concern and interest The Committee shall meet at mutually satisfactory times. A request for a meeting pursuant to this clause shall be made in writing in advance of the date proposed for the meeting and such request shall also contain an agenda of matters proposed to be discussed. It is understood that this Committee does not have authority to change any express terms of the collective agreement with out the Union's agreement It is further understood that the discussions held in the Committee meeting are

[Page 20 of 27] ·

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Collective Agreement November 9, 2013 to November 8, 2016

privileged and in the nature of settlement discussions and will not be referred to by either party in any arbitration.

21.05 UFCW Training and Education Fund

The Company will contribute seven hundred dollars ($700.00) each year of the Collective Agreement. The contributions will be made April 1st of each year.

AR:f~C.LE 22- NO DISCRIMINATION

22.01 The parties agree that in accordance with the provisions of the Ontario Human Rights Code there shall be no discrimination against any employee by either the Company or the Union by reason of race; ancestry; .place of origin; colour; ethnic origin; citizenship; creed; sex; sexual orientation; age;.· record of offences; marital/family/same-sex partners[lip status; handicap. Subject to the provisions of the Ontario Human Rfghts Code. ·

ARTICLE 23 - SICK LEAVE

23.01 (a) Regular full-time employees who have completed one (1) year of continuous full-time service with the Company shall be entitled to a maximum of ten (1. 0) paid sick days per year.

(b) For the purposes of this article, the "Sick Bank Year" shall be from November 1st of a year to October 31st of the following year. Beginning on an employee's first anniversary of employment full-time employees will be credited with a pro-rated number of sick days to a maximum of ten (1 0) paid sick days per calendar year. For subsequent years of service, on November 1st of the year regular full-time employees will be credited with a pro-rated number of sick days to a maximum of ten (1 0) paid sick days per Sick Bank Year based on actual time worked in the preceding Sick Bank Year (2080 hours shall be one year worked for the purpose of pro­rating under this article).

(c) ·.·· Subject to the provtsions of Article.12; r~gtil~r fuJJctim~ employees may use "his sick days at any time during the year when he is unable to attend work due to illness. It is understood that this provision is for the sole and only purpose of protecting employees against loss of income when they are legitimately ill.

(d) Unused sick days may not be carried over from year to year and expire on December 31 of each year. Unused sick days as of October 31st of each year will be dealt with as follows:

i) Where the employee has ten (1 0) unused sick days, the Company shall pay out the unused sick days at the rate of two (2) times the employee's regular rate of pay for eight and one-half (8 Yz) hours for each of the ten (1 0) unused sick days;

· ii) Where the employee has seven (7), eight (8) or nine (9) unused sick days, the Company shall pay out the unused sick days at the rate of

[Pag~ 21 of 27]

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Collective Agreement November 9,.2013 to November 8, 2016

one and one-half (1 %) times the employee's regular rate of pay for eight and one-half (8 %) hours for each of the unused sick days;

· iii) Where the employee has three (3), four (4), five (5) or six (6) unused sick days, the Company shall pay out the unused sick days at the employee's regular straight time rate of pay for eight and one-half (8 %) hours for each of the unused sick days;

iv) Where the employee has one (1) or two (2) unused sick day, the Company shall pay out to the unused sick days at the employee's

· regular straight time rate of pay for eight and one-half (8 %) hours for each of the unused sick day.

The payout of the prior year's sick bank will be paid on the first full pay in December on a separate payroll cheque subject to statutory deductions.

(e) Unu.sed sick days will not be paid out in the event of termination, layoff, resignation or retirement.

(f) Sick days ·are not cumulatiV.efrom year to year.

23.02 Employees may utilize their sick days as personal days provided that the employee gives the Company one (1) week notice with'management approval, or in cases of emergency as provided and regulated in Part XIV and in Section 50 of the Employment Standards Act, 2000. Utilization of sick days as personal days or in cases of emergency will reduce the unused sick days for purposes of sick bank payout as per Section 23.01 (d).

ARTICLE 24 -DURATION

The collective agreement shall become effective on. the date of ratification and shall remain in effect for a period of three (3) years, and . from year to year thereafter unless either party gives notice to the other of its intention to negotiate or amend :dur.ing the Jast90 days 9f its operation.

DATED at Mississauga, Ontario this o ~ day of .J) ·<2-C_ '2013

On Behalf of the Union On Behalf of the Company

L$?1~ Av{~ J

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Collective Agreement · November9, 2013 to November8, 2016

APPENDIX "A"

1. WAGE PROGRESSIONS

Rental Sales Agents will be paid in accordance with the following mm1mum hourly wage progression schedules for the first forty-eight (48) continuous months of service.:·

Start 6 months 12 months 18 months 24 months 36 ·months 48 months

14.50 14.75 15.00 15.25 15.50 16.00 16.50

The Company reserves the right to hire a new employee into the wage progression step that corresponds to its assessment of relevant past experience, knowledge and training.

For the purpose of movement through the wage progressions, an employee will be considered to have worked a month if that employee works at least sixty percent (60%) of his or her scheduled work shifts in a calendar month. Employees returniflg from leaves of absence shall be credited for all months worked prior to taking the leave and shall continue through the progression accordingly:

2. GENERAL WAGE INCREASES

The base rates of pay for R,.ental Sales Agents who are at or above a top step of a wage . progression shall be increased by the following amounts on the corresponding effective dates:.

Year One

11/9/13 $0.40

Year Two

11/9/14 $0.40

Year Three

11/9/15 $0.45

It is understood that RSAs primarily work with Customers, but they may be required to drive or service vehicles from time to time within the confines of the Pearson International Airport, excluding the service centre located at 2 Convair Drive E.

On Behalf of the Union On Behalf of the Company

~h/l~ [Page 23 of 27]

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Collective Agreement November 9, 2013 to Nov,ember 8, 2016

LETTER OF UNDERSTANDING

VISION CARE COVERAGE

The Company will ensure that the level of coverage for vision care under the plans provided pursuant to article 23.01 is $175 per annum for the duration of this collective agreement.

On Behalf of the Union On Behalf of the Company

'

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Collective Agreement November 9, 2013 to November 8, 2016

.. LETTER OF UNDERSTANDING

Individual Lump Sum Payments

The following employees: Samir Salah, Nazeef Obaidee, Sajid Gilani, and Jammal Mohammad, shall receive a lump sum payment of $250.00 upon reaching the following anniversary dates: 24 months, 36 months, and 48 months, in addition to the appropriate wage increase per the wage progression in Appendix "A" Lump sum payments shall only be paid to employees on payroll as of the anniversary date. Payments shall be made by separate check no later than the second payroll period following the employee's anniversary date.

On Behalf of the Union On Behalf of the Company

( V<o::

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Collective Agreement November 9, 2013 to November 8, 2016

LETTER OF UNDERSTANDING

TERMINAL 3 EMPLOYEES

1. T-3 Terms and Conditions will be reduced to a Letter of Understanding in the T-1 Collective Agreement which shall provide: "The em·ployees of Dollar Thrifty Automotive Group Canada Inc., employed at Person International ,ll_irport Terminal 3 are now covered by this collective agreement which shall contain the following provisions:

(a) Recognition clause:

2.02 The Company recognizes the Union as the bargaining agent for all employees of Dollar Thrifty Automotive Group Canada' Inc., at Pearson International Airport Terminal 3, in the City of Mississauga, save . and except supervisors, persons above the. rank· of supervisors, mechanics and assistant mechanics; office, clerical and sales staff, casuar employees, temporary agency employees, students employed during school vacation periods,· and persons employed in any other bargaining units.

(b) Add new 11.03 (f) which shall provide:

(i) It is understood that, for the purposes of layoff and recall, full-time RSAs hired prior to November 9, 2007, and employed at Terminal 1 or Terminal 3 shall be considered as being in separate classifications based on their Terminal of employment. Full-time RSAs hired on or after November 9, 2007, shall not, because of their Terminal of employment, be considered in separate classifications.· ·

(ii) It is understood that, for the purposes of layoff and recall, part-time RSAs hired prior to November 9, 2007, and employed at Terminal1 or Terminal 3 shall be considered as- being in separate classifications based on their Terminal of employment. Part-time RSAs hired on or after November 9, 2007 shall not, because of their Terminal of employment, be considered in separate classifications. ·

(ii) Where an RSA hired prior to November 9, 2007, successfully bids on work at the Terminal which is not their Terminal of employment, they shall cease to be covered by article 11.03 (h) (i) and (ii), above, and shall be treated, thereafter, in accordance with article 11.03 (a) to (g) as an employee without regard to Terminal of employment. ·

(c) Wages:

The existing T-3 employees shall be governed by ':Appendix A" of the Collective Agreement.. ·

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Page 28: 8 E TWEEN: DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA … · November 9, 2013 .to November 8, 2016 COLLECTIVE AGREEMENT 8 E TWEEN: DOLLAR THRIFTY AUTOMOTIVE GROUP CANADA INC. -and~ (the

Collective Agreement November 9, 2013 to November 8, 2016

(d) Add new 17.02:

For the purposes of peak period vacation scheduling pursuant to the 4th paragraph of article 17.01, above, it is understood that Regular Full-time RSAs at Terminal 1 shall be one classification and Regular Full-time RSAs at Terminal 3 shall be a second classification. (e) For clarity with respect to overtime scheduling pursuant to article 16.05, it is understood that when offering overtime to RSAs at work on a day, the overtime shall be offered in descending order of seniority to RSAs at work on the day without regard to terminal and where the overtime need is not filled in that way, it shall be assigned in ascending order of seniority to the RSAs at work on the day without regard to terminal.

(f) For clarity with respect to the scheduling of religious holidays pursuant to 18.06 (i), it is understood that the limitation of one (1) request from employees in the RSA classification shall be applied as one (1) RSA from Terminal1 and one (1) RSA from Terminal 3. (g) It is understood that this paragraph shall not be reproduced in the public version of the Collective Agreement. It is understood for the duration of this agreement that Company shall provide dry cleaning allowance pursuant to Article 21:03 (b) of the Collective Agreement to Ali, Kousipetkos, Palomino, Paulidou-Brown, Sharma and Woods without requiring that they produce receipts.

On Behalf of the Union . On Behalf of the Company

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