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/ •• · Os-o 79Gl BETWEEN COOING CONTROl IDENTCODED REGEIVEO- UNION OTHER AND · UNITED FOOD & COMMERCIAL WORKERS UNION LOCAL 175 Chartered by the United Food & Commercial Workers International Union 920 Yonge Street Rental Sales Agents Effective: June lS, 2004 . Terminates: November 30,2005

 · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

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Page 1:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

/

•• • · Os-o 79Gl

BETWEEN

COOING CONTROl

IDENTCODED

REGEIVEO-

UNION

OTHER AND

· UNITED FOOD & COMMERCIAL WORKERS UNION LOCAL 175

Chartered by the United Food & Commercial Workers International Union

920 Yonge Street Rental Sales Agents

Effective: June lS, 2004 .

Terminates: November 30,2005

Page 2:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• TABLE OF CONTENTS

Page

PURPOSE OF COLLECTIVE AGREEMENT ........ ERROR! BOOKMARK NOT DEFINED.·

ARTICLE 1 BARGAINING AGENCY ............. ; .. ~ ............. ~, ......... : ....... ; ............ ~: ........................ 1

ARTICLE 2 MANAGEMENT RIGHTS ~· .. ·~···; ......... ; .............. ~ ..... ; ............................................. 1 . ' ' . ' ' . . . . ..

ARTICLE. 3 UNION COMMITTEE ..................... , ................ : .. ; .... ~ ...... ; .. : ...... ; ............ : .... ; ........... 2

ARTICLE 4 GRIEVANCE PROCEDURE ...................................................... ~ ...... , ..................... :4

ARTICLE 5 ARBITRATION ................ ; ............ ~ ..................... ; ... ~ .... · .................. ~ ......................... 5

ARTICLE 6 DISCHARGE PROCEDURE .................................................... ,.~ ... ~ .... : ... : ............... 7

ARTICLE 7 POLICY GRIEVANCES ................. ~ ............................................. : ............................. 8

ARTICLE 8 NO STRIKES -NO LOCKOUTS.: ......................................... :.: .. ~ ....................... ~ .... 8 ·

ARTICLE 9 HOURS OF WORK AND OVERTIME .................................................... ~ ............. 9

ARTICLE 10VACATIONS WITH PAY ,.; ................................................... ~ ...... : ...................... 10

ARTICLE 11 STATUTORY HOLIDAYS ........ : ........................... ~ ...... ~ ........... ; .................... : .... 11 . . . .

ARTICLE 12 DISCRIMINATION ........ ~ ..................................................................................... 12 ..

ARTICLE 13 WAGES .. : ...................... ; .......................................... ~ ........................................ ~ .... 12· . . .

ARTICLE 14 LEAVE OF ABSENCE ................... ~ ................ ~ .... ; ........ ; ................................. , ... 13

ARTICLE 15UNION SECURITY ............................................................................... .' .............. 13

I ARTICLE 16 MATERNITY LEAVE AND PARENTAL LEAVE .. ; ................................... ~ .... 14

: ARTICLE 17 SENIORITY .......................................................................................................... 14 .

ARTICLE 18 GENERAL ................ ; ............................................. ~· ........... ;.~ .............................. ,. 16

ARTICLE 19 HEALTH AND SAFETY .................. · ........................ · ..... ; .............. · ....................... 19

ARTICLE 20 TERMINATION ..................... · ....................................................................... , ....... 20 . .

SCHEDULE "A" WAGES AND CLASSIFICATIONS ............................................................. 21

Page 3:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

. . • TABLE OF CONTENTS (continued}

LETIER OF UNDERSTANDING

• ·Page

Re: Shift Premium For Employees As Of June 15, 2004 .................... ~ ............................... : ......... I

· Re: Rephi.cing ·Absent Employees ........................ ~ ...... ~ ............................. ~ ...................... ~ .......... :· .. II

·· Re: Switching Shifts .. ~ ............ ~ ................... .-................... · .... · .................................. · ........................ III

R.e: Part:.Time Employees: ................ ~ ........ : ...................... · .............. ; ........................................... ; IV

R.e:.· Management Employees ........... ~ ................... · .......... ~ ............................... : ............ : ... ~ ............... V

Re: Sick Days ... : ....... , ................ : ..................... : .................................. : ...... : ...................... .' ............. VI

Re: Leaves Of Absence ........................ ; ............ : ....... ~ ................... · ................................ ~ ............ VII

Re: Seniority Group ....... ~·:··· ......... ; ........................ :: .................. :: ................................... ;· ......... ·viii

Re: Seniority And Wage Rates ....................................... : ............................................................ IX

Re:. Arbitration .. Time Limits ... : ... : ............ : ........ ~ ....................................... : ..................... ." .............. XI

-ii-

Page 4:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

. . . . . ' , ' :

THIS COLLECTIVE :AGREEMENT made and entered into this 9th Day of September2004 ·

.BETWEEN:.

ALAMO RENT -:-A-CAR (CANADA) INC~

(hereinafter referred to as the "Company")

·and

.l:JNITED FOOD & COMMERCIAL WORKERS, LOCAL 175 Chartered py the United F:ood & Commercial Workers hitemational Union

(hereinafter referred to as the "Union")

.PURPOSE

.. ·The Company and the Union desire to co-operate in establishing and maintainfng conditions . which will promote a harmonious relationship between the Company and the employees covered. by this ·Agreement, arid in providing methods for a fair and amicable adjustment of disputes. which may arise between them, and to promote effici~nt operations.

ARTICLE 1 BARGAINING AGENCY ·

L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s Agents at' 920 .. Yonge Street in Toronto, Ontario, save andexcept supervisors· and persons above the rank of Supervisor.

. . . . ' . '.

1.2 · In this Agreement, words using the masculine gender include the feminine; the singular ..

I 2.1

includes the plural, and the plural, singular' where text so indicates. ·

(a)

ARTICLE2 MANAGEMENT RIGHTS

. .

Except ~. and to the extent specifically modifled by this Agreement, all right~ and prerogatives which the Company had prior to the execution of this Agreement are retained by the Company and remain exclusively within the rights of the Company and its Management. ·Without limiting the generality of the foregoing, the Company's rights shall include: · · · ·

(i) the right to maintain order; discipline and efficiency;· to make, alter and enforce, from time to time, reasonable rules and regulations, policies and practices, to be observed by its employees; to discipline and discharge

· employees for just cause; ·

Errorl Uo........, docummt.pn>porly !Wile. · •1•

Page 5:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

3.1

{ii)

(iii)

{iv)

• • the right to select, hire and control the working force and employees; to

. transfer, assign, promote, demote, classify, layoff, recall, suspend, and . retire employees; to plan, direct and control plant operations; to select and retain employees for positions excluded from the bargaining unit and to transfer employees into the bargaining unit;

the right to determine the location and extend of its operations and their commencement, expansion, curtailment, or discontinualice; the direction of working forces; the standards ofproduction; the schedules of work and .of production; the number of shifts; the methods, processes and mean~ of performing work, job content and requirements; quality and quantity standards; the·qualifications of employees, the use of improved methods, machiriery and equipment; whether there shall be overtiine . work; ,the number of employees needed by the Company at any time and how many shall· operate or work. on any job, operation, machine or production line; the number of hours to be worked; and starting and quitting time; and

generally, the right to manage the enterprise and its business without · interference are solely and exclusively the right of the Company.

·(b) The aforementioned Management's rightS shall not be administered in an arbitrary or discriminatory manner ·and in that respect shall be subject to the grievance procedure.

{a)

(b)

{c)

ARTICLE3 UNION COMMITTEE

The Company agrees to recognize one {1) Shop Steward appointed or elected by the Union. A Steward shall have at least sixty{60) worked days of seniority with the Company. ·The Union will provide the name of the Steward to the Company. The Company shall not be required to recognize any Steward until it has been so · · ·notified by the Union in writing. ·

The Parties agree that at any one point in time, such as attendance at grievance me¢tings, not more than one {l) Steward will be absent from work.

The· Company undertakes to instruct all members of its supervisory staff to co­operate with the Stewards in the carrying out of the terms and requirements of this Agreement.

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Page 6:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• 3.2 The Union undertakes to secure from its Union Representatives, Steward and members

. their co.:.Operation with the Company and with all persons representing the Company in a supervisory capacity in the carrying out of the tellllS and provisions of this Agr~ement. The Union further agrees that its Stewards and Representatives shall take all possible .

. measures to ensure that all terms and provisions of this· Agreement tQ:'e fully c~ed out · · · during the life of this Agreement. · ·

3.3· The privileges of Stewards to leave their work without loss of basic pay· to attend to· Uirlon business is granted on the following conditions:

(a)

. (b)

(c)

(d)

(e)

Such business must be between· the Union and the Management. Employees having· grievances cannot discuss. these with Stewards in working hours, except i~ the case of a discharged. employee.. · ·

The tiffie shall be devoted to the proinpt handling of necessary Union business .

The Steward concerned shall obtain. the perinission of the superVisor concerned before leaving his work. Such permission shall not be unreasonably withheld.

The time away from productive work shall be reported in a~ordance With the . time-keeping methods pf the department in which the Steward is employed. . ·

The Company reserves the right to limit such time if it deems the time s0 taken to be excessive. · ·

3.4 It is. agreed that. the Negotiating. Committee for this unit shall be composed of one ( 1) member.

·3.5

).6

3.7

3.8

(a) The Company agrees to pay the one (1) member of the Negotiating Conimittee up. · to twenty:-four hours (24) pay each for time spent in negotiations. · ·

The e~ployees agree to uphold the .rules 'and regulations of the Company. in regard to punctual. and steady attendance. Conduct on the job, and all other reasonable rules'and regulations established by the Company, shall continue to be up-held by the employees.

The employees agree to co-Operate with the Company in maintaining and, improving safe· working conditions and good housekeeping of the working area and caring for equipment and machinery.

The· Union agrees to co-operate when requested by the Company in correcting · . inefficiencies of its members, which might lead to discharge.

Union Representatives

(i) The Union representatives will be permitted to talk with any employee regarding Union matters during regular working hours. It is understood

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Page 7:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

(ii)

(iii)

•••• • . th~t before so. doing the. Union representatives· shall o.btain. permission. from the Management. Such permission shall not be unreaSonably . . withheld.

The Company agrees. a Union Steward shalf be present when an employee. • is disciplined, discharged or suspended unless the employee requests that

·the Union Steward not be present. If the Union Steward is not available, then a bargaining unit employee on shift at the time, chosen by . the employee, will be present as a witness unless the emploY,ee. requests an employee not be present. · ·

· The Company will endeavour to discipline employees within ten ( 1 0) working days ·of the matter coming to the Company's attention .recognizing that circumstances such as the requirement to fully investigate

· the matter may result in a longer period.

ARTICLE4 GruEVANCEPROCEDURE

4.1 ·The parties to this Agreement are agreed· that it is of the utmost importance· to ~djll$t ·. complaints arid grievances concerning the . interpretation or alleged violation of the . Agreement as quickly as possible. · · ·

. . .

· 4.2 No· grievance or complaint shall be considered where the circumstances .giving rise to it occurred· or originated more than ten (10) full working days before the filing of the grievance.

4.3 Grievances propedy arising under this Agreement shall be adjusted ~d settled. as follows:

Prior to. filing a grievance, an employee ,with a complaint shall discuss the complaint verbally with his supervisor. The employee may have the assistance of his Steward, if he so desires~

Step No.1

Within six ( 6) working days after the meeting with the supervisor, the aggrieved employee may, with or without his Steward, present the grievance (whlch shall be reduced to writing and which shall include the article or articles all.egedly violated) to the . · Off-Airport Manager, who shall consider it in the P.resence of the person or persons

.· presenting same and the supervisor, and render his decision in writing within six (6) working days following the presentation of the grievance to · hin;1. If a settlement satisfactory to the employee concerned is not reach, then the grievance may be presented as follows: ·

·-4-

Page 8:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

•• • Step No.2

Within six (6) working days after the decision is given under Step No. 1, the grievance may be submitted to the General Manager and the grievor accompanied by his Steward, shall meet as promptly as possible with such persons as Management may desire, to consider the grievance and at this stage a full-tiine representative of the Union shall atten<i. The General Manager will render his decision in writing to the Union ·within six · (6) working days following such meeting. ·

4.4 If final settlement of the grievance is not reached at Step No. 2, and if the grievanc~ is one which concerns the interpretation or alleged violation of the Agreement, then the grievance .may be referred in writing by either party to a Board of . Arbitration as hereinafter provided at any time .within ten (10) working days (or such extended time as may be sp~ifically agreed to between the parties) after the decision is given \.mder Step · No. 2 and if no such written request for arbitration is received within the time limited, then it shall be deemed to have been abandoned.

4.5 Discipline will be removed from an employee's record if the employee has a clear record for twelve (12) months (twenty-four (24) months in the case of a suspension)," except for discipline where there is potential Company liability ( eg. sexual harassment, violence in ·the workplace, discrimination, unsafe acts) which will remain on the employee's record . . An employee may request to see their personnel file and such request will not be unreasonably denied. ·

ARTICLES . ARBITRATION

· 5.1 Both parties to this Agreement agree that any grievance concerning the interpretation or alleged violation of this Agreement which has been properly carried through all the steps of the Grievance Procedure outlined in the preceding Article, and which has not been

. settled, will.be referred to arbitration at the written request of either of the parties hereto.

5.2 The Board of Arbitration. will be composed of one person. appointed by the Company, one person appointed by the Union and a third person to act as Chair chosen by the other

. two members of the Board. · ·

5.3 Within five (5) .calendar days of the request by ·either party for a Board, each party shall notify the other in writing of the name of its appointee. . · ·

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Page 9:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• . .

5.4 Should the person chosen by the Company to act on the Board~ and the person chosen by the Union, fail to agree on a third person within ten (I 0) calendar days of the notifica1ion mentioned in Article 5.03 above, the Ministry of Labour will be asked to assist in the selection of the Chair. . .

5.5 · the. decision of a Board of Arbitration, or a majority thereof, constituted in the above manrier shall be binding.on both parties. If there is no majority, then the decision of the Chair shall be binding. on both parties. · · . ' . . '. . . . . .·

5.6 · The Board of Arbitration shall not have any· power to alter or. change· any of the provisions of. this Agreement or to substitute any new provisions for _any existing

. provisions, nor to give any decision inconsistent with the tenn:s and provisions of this Agreement. ·

. . . . ' . .

5. 7 . Each of the parties to this Agreement will bear the expenses of the nominee. appointed by it, and the parties will jointly bear the expenses, if any, of the Chair.

. . . .

· 5.8 Th~ Company or the Uniori .may request in writing, that the aforementioned procedure.: · relating to· the constitution of a Board of Arbitration be waived and · grievances ·proceeding to arbitration in such circumstances be heard by a Single· Arbitrator fu accordance with the procedure hereinafter set forth. · ·

(a) Single Arbitrators to be used on a rotating basis are as follows: ·.

1. · Professor C. Gordon Silllll'iollS . . .

·. 2. Howard D. Brown, Esq.

3. Professor E. E. Palmer ··.

4. Michael Ho11U1, Esq. . . .

(b) Notwithstanding the provisions of Article 5.08(a) above, the parties may; by mutual consent reduced to writing, agree to have a Single Arbitrator not named in · (a) above determine any given grievance ..

. . . .. . . . '

(c) The terms of ArtiCle 5.05, 5.06 and 5.07 shall apply equally to.~ cases heard by Single Arbitrators.

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Page 10:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• · ARTICLE6·

DISCHARGE PROCEDURE

• 6.1 A claim by an employee that he has been discharged without just cause shall be treated as

a .grievance if a written statement of such grievance is lodged with the Station Airport Manager at Step No. 1 of the Grievance Procedure ·within six {6) working days after the employee ceases working for the ·Company. Such special grievances may be settled b~:

{a) . confirmmg the Company's. action in dismissing the employee, or

·(b) reinstating the employee with full or partial compensation for time lost, or

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

· Probationary employees are not permitted to grieve their discharge.

6.2 It· is a~eed. that reference to discharge or termination for just cause includes. termination of employment for continuing unavailability for work .

. 6.3 The Company agrees to abide by the Employment Standards Act With respect to notice. · .required or pay· in lieu of notice in cases of dismissal.

. 6.4 ·· . The parties agree that the penalt)r discharge will apply for purposes of section 49{17) of the Labour Relatio.ns Act {or any amended version thereof) for the following types of misconduct: · · · ·

(a) unauthorized use of Company Vehicle

(b) theft of Company, qustomet or other employee property

· (c) possession or· use. of alcohol or drugs prohibited under the Narcotics Control Act on Company premises ·

(d) . po~session of firearms on Company·premises, and

{e) fighting (other than self defence) during working hours

The employee may challenge whether the misconduct occurred through . grievance and arbitration but not the penalty. .

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Page 11:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• . .

ARTICLE7 POLICY GRIEVANCES .

• . . . .. , , '

7.1 A Union policy grievance ora Company grlevarice may be submitted to.the Company or .. . the Union, as the case may be, in writing within ten (1 0) days from the. time the.

circunistances upon which the grievance is based. were known or rea.Son,ably ·could have been known by the grieving party. A meeting between the Company and the Union· shall be held within five (5) days of the presep.tation of the written grievance aitd. shall ~e place within the framework of Step 2 of Article 4 hereof .. The Company or the. UJlion, as the case may be, shall give itS written deeision within five ( 5) days. after such meeting has beenheld. · ·

. . .

If the decision is unsatisfactocy to the grieving party, the grievance may be submitted to arbitration within fifteen (15) days of the delivery o( such written decision and the

. arbitration sectiQns of this Agreement shall be followed. . . . . . . .

The provisions of this Article 7 shall only be used by the Union to·institute a grievance . · on.a matter arising directly. between the Union and. the Company. Policy grievances shall·

· not be· used .to avoid the proper processing of individual employee grievances in .accordance with all steps provided for in Article 4 of this Agreement;· ·

7.2 · The parties agree that the only grievances recognized pursuant to this Agreement between

8.2

them are: ·

(a) . grievances by an aggrieved employee (Article 4.03)

(b) . ·discharge grievance (Article 6) . . .

(c) management grievances (Article 7.01)

(d) . Union policy grievances (Article 7.Q1)

ARTICLES. NO STRIKES- NO LOCKOUTS

The Union undertakes and agrees that while this Agreement is in oper"'tion neither the. Union nor any employee shall take. part in or call or· encourage any strike, picketing, slowdown, or any suspension of or stoppage of or interference with work or production which shall in any way af(ect the operations of the Company, nor shall there be ·any sympathy strikes and the Company agrees that it will. not engage ·in any lock<mt during ·

· the tern:l of this Agreement.

. The Company shall have the right to discharge or otherwise discipline employees who take part in or instigate any unlawful strike, picketing, stoppage or slowdo~ but a cl~

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Page 12:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

9.1

9.2

9.3

9.4

. 9.5.

9.6

9.7

9.8

9.9

• • of tinjust discharge ot discipline may be the subject of a grievance and· dealt with aS provided in Article 4 above. ·

ARTICLE9 ·HOURS OF WORK AND OVERTIME

The following paragraphs and sections ~e intended to define the normal hours of work and shall.· not be construed as a guarantee of hours of work per day or per week, or ofdays ~~~~ . .

The·normal workweek shall consist of forty (40) hours per week comprised of five (5) consecutive days of eight (8) hours or four ( 4) consecutive days of ten (1 0) hours. T~n- · hour shifts shall only be night shifts unless otherwise agreed between the parties.

Overtime ai: the rate of time and one-:haif (1 1/2) the employees' regular hourly rate shall be paid for all work performed in excess of eight (8) hours. per day (or ten (10) hours per day, if such is the normal work week) or over forty (40) hours per week. ·

' - ' . . . . . .

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. · ·

. There shBil be one (1) fifteen (15) minute rest period in the first half of each shlft and on~ ( 1) ·fifteen (15) minute rest period in the second half of each shift to be at the midpoint of every half shift. . ' .

· When overtime work is required, the Company shall give as much notice as possible, and assign the available overtime hours according to seniority. Should no employee qualified to perform the available work volunteer to do same, then the available overtime work shall be assigned on a compulsory basis, by the Company, to employees, by reverse · seniority. ·Where the overtime is for four (4) hours or less it may be offered in · ·

· accordance \vith this clause to the employees on the shift · immediately prior to .. the overtime opportunity .

. The Company agrees to maintain the existing lunch, rest and change facilities for th~. use of the employees. . Prior to any change. in such facilities during the term of · this Agreement there will be a discussion between the Company and the Union. . . . . .

The Company shall provide each locatio~ with time sheets or time clocks in order to enable employees to record their time for payroll purposes~

Employees shall be permitted to take an unpaid lunch break of thirty (30) minutes more · . or less at the midpoiilt .of each full shiftproviding this does not interfere with the effi9ient . operation of the Company's business. No employee shall work .more than five (5) hours

without getting a meal period of thirty (30) minutes. ·

Page 13:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

•• • 9, 10 In the event an .employee is unable to obtain their lunch or break period, they shall be

paid for such time at 1-1/2. (one and one-half)_their hourly rate.· ·

ARTICLE 10 VACATIONS WITH PAY

10.1 All full time employee's who have acquired one (1) year's seniority with the. Company .prior to May 1st in any year shall receive two (2) weeks' vacation and shall receive as vacation pay fotir percent (4%) of such full time employees'. earnings for tiffie actually worked for the Company during the twelve (12) months immediately preceding May 1st in that year or two (2) weeks regular earnings, whichever is greater.

10.2· (a) Ail full time employees who have acquiied. five (5) years' seniority.With the Company prior to May 1st in any year shall receive three (3) weeks' vac.ation and shall receive as vacation pay six percent ( 6%) of such full time employees' earnings for time actually worked for the Company dllring the twelve (12) months immediately preceding May 1st in that year or three (3) weeks regular earnings, whichever is greater ..

(b) All full time employees who hav~ acquired ten (10) years' seniority With the Compa.Ily prior to May 1st in any year shall receive four (4) weeks' vacation a.Ild shall receive as· vacation ~y eight percent (~%) of such full time employees earnings for time actually worked for the Company during the twelve (12) months immediat~ly preceding May 1st in that. year of four (4) weeks regular ·earnings, whichever is greater.

10.3 An employee· who· has ceased to be employed by the Col)lpany before receiving his· vacation pursuant to the provisions of this Article shall be entitled to receive vacation pay in accordance with the Employment Standards Act.

10.4 Vacation will be taken in periods of one or more weeks unless the Company and the · employee mutually agree otherwise. . One week means a period of seven consecutive days.

10.5 . (a) · A vacation request form will be posted by the end of March for a period of one (1) month and all.full time employees who ate entitled to request vacations shall indicate.on the form the dates when they-wish to have vacations. Full time employees' vacations shall be scheduled in accordance with full time seniority provided the employee has submitted the vacation request within the time required and in accordance with existing requirem~nts. ·

(b) Employees will not be peimitted to take more than two (2) weeks vacation during · the summer vacation period. The summer vacation period begins the third week in Jun:e and ends following the second week in September.

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Page 14:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• • (c) The vacation schedule will be made available for the full year.

10.6 Part time employees will receive vacation with pay in accordance with the Employment Standards Act. ·

ARTICLE 11 . STATUTORYHOLIDAYS

11.1 The following statutory holidays, regardless of when they fall,. will be granted with pay to all employees who have completed their probationary period:

11.2.

11.3

11.4

Christinas Day Boxing Day New Year's Day Good Friday Victoria Day .·

. Canada Day (Dominion Day) Labour Day· Thanksgiving Day Civic Holiday (First Monday in August) One Floater Day

Payment for such holidays shall be based on the employee's regular hourly rate of pay multiplied by the number of hours he would normally have worked on such day. When any of the said holidays fall on other than a regular working day, then the Company may . either designate some other day as the day upon. whi<;h the said holiday will be celebrated, or pay the employees who qualify for payment for the said holiday as though it had fallenoh a regular working day, whichever is mutually agreed to between the employee concerned and the Company.

In order to be entitled to payment for a statutory holiday ail employee must have worked · the full scheduled working day immediately preceding the holiday and the full scheduled working day immediately following the holiday. Employees who are off work by reason. of accident or illness shall receive statutory holiday pay provided they have worked within the fifteen (15) days preceding the holiday. . ·

If an employee works on a Statutory Holiday listed in Article 11 the employee Will be paid time and one half (1 'll) for the hours actually worked and .in addition will receive his holiday pay, unless the Company and the employee mutually agree to substitute a day off with pay for the Statutory Holiday. The day off with pay must be mutually agreed to by the Company and the employee within thirty days of the holiday. If a date is not agreed to within 30 days of the holiday, the Statutory Holiday will be paid.

Where one of the above-named statutory holidays falls during an employee's approved . vacation period, he shall be allowed an extra day's vacation with pay or an extra day's pay by mutual agreement between the employee concerned. and the Company.

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Page 15:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

•• • . . .

l1 ~s In addition to the above-mentioned holidays, the Company agrees to grant any other day proclaimed by the Federal, Provincial; or MUnicipal Governments as paid holidays for the purpose· of this Agreement, providing same is generally observed in the area as a holiday.

' . . . . . . . '

12~ 1 the Company agrees. that there will be no discrimination on· account of race~ ancestry; place . of origin, colour, ethnic origfu, citizenship, creed, sex, sexual· orientation, age,

. reoord of offences, marital statuS, same sex partnership status, family status, handicap, or . membeiship or non-membership ill: the Union. .

(a}

(b)

The parties ~gree to adhere to the goyerning legislation on human rights in Ontario (Ontario Human Rights Code) ..

The · Company and the Union agree ·that the retail location covered . by this · Collective Agreement shall be free of sexual ·harassment and the Company and

. Union agree to co-operate with each other in preventing and eliminating sexual harassment if same should occur in the workplace covered. by this Collective. Agreement. ·

ARTICLE13 WAGES

13.1 The minimum hourly rate of wages for all employees co~g under this Agreement shall be as per Schedule "A" of this Agreement, provided that where an individual employee's . hourly wage is higher, such hourly rate of wages shall not be reduced by reason of this Agreement. ·

13.2 Employees shall be compensated for actual expense of public transportation or the aetual cost of taxi fare, if such transportation is required by the Company.

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Page 16:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

••• •

ARTICLE14 LEAVE OF ABSENCE

• 14.1 · The Company may grant an unpaid leave of absence if an employee requests it iri writing

14.2

. and if. the leave is for good reason and does not unreasonably interfere with the efficient · ·. · · operation of the Company's affairs.

The Company will grant a leave of absence without pay to not more than one (1) · · employees to attend Union conventions and conferences for a period or_periods not

exceeding ten (10) working days in total for such said one (I) .employees in any one calendar · year . provided that it shall not interfere with· the efficient operation of the

. Company's affairs.

· 14.3 . The granting of such leave of absence shall not be unreasonably withheld.

15.1 ·(a)

(b)

. !

ARTICLE 15 ~ . UNION SECURITY

(i) · The Company shall during the term of this Agreement, a5 a condition.of employment deduct from members of the bargaining unit, the regular . weekly Union pues and such Dues shall be remitted· tO the Union, in the format outlined in Article IS.Ol(b) below, prior to the fifteenth (15th) of . the month following the month in which such deduction· is made.

. . . ' .. . ' . . ' '

(ii) ·The Company shall deduct membership initiation fees as may be , established by the Union and forward any application forms and such fees · to the Union in the format outlined in Article IS.Ol(b) below, with the regular monthly dues remittance. .

. . . . . .

The remittartce statement shRtl be documented by location contairiing a du~s and initiation report which will be provided in the form of e-mail · ([email protected]) or on a computer diskette as well as a hard copy of the. dues report being attached on the remittance cheque. The information provided. shall be on a standard spreadsheet in Excel Quattro Pro, Lotus or other software program acceptable and adaptable to the Union. The spreadsheet will be in a table format provided by the Union and, subject to ·privacy legislation, the · Company will provide the following current information if it is.on the spreadsheet provided by the Union: ·

I. S.I.N.; . . 2. Employee number if applicable; 3. Full name (Last/First/Initials); . 4. . Full address, including City and Postal Code; 5. ·Telephone number (including area code); 6. . Date of hire; · ·

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Page 17:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• • 7·. . Rate of pay; · 8~ . Classification;. . 9. Full-time or Part-time designation; · · . 10. Union Dues deducted (or the ·reason a deduction was not made). If dues ..

are deducted weekly, report requires five (5) colUmns for reporting; 11. · Total Dues deducted; · · 12. Back Dues owing; . .· .. 13: · Vacation Pay breakdown of dues owing; · 14. . Initiation Feed deducted; and 15. Total.initiation fees deducted .

. · 15.2 · The. Company will remit to the Union, within. thirty (30) calendar days following completion of the probationary period,.· the Local· 175 membership application form ·

·signed by the new employee. · · · ·

15.3 · The regular Union dues shall be deducted by~weekly and submitted·to the Union withln fifteen (15) .days following the completion of .the Company's four-week accounting period. The Company agrees that on T4 slips of employees, the amount of Union dues .paid each year will be noted. ' '

15.4 The Company shall provide to the Union lo.cation addresses of all Comp~y locations :covered by the Agreement; when applicable. ·

15.5 · · · Subject ·to applicable privacy legislation and obtaining any required empioyee consents, the Company will provide to the Union ort a quarterly basis a complete update ofthe employees'. addresses and phone numbers .. · This will be forwarded to the Union·

· representative's attention at the Union office.

. ARTICLE16 .· MATERNITYLEAVEANDPARENTALLEAVE

16.1 An employee shall be granted a leave of aQsence without pay for pregnancy in accordance. with the Empl9yment Standards ACt of Ontario. The employee will be

. required to give the Company at least two (2) weeks' riotice of her desire to return to .

. work following such leave. ·

ARTICLE17 SENIORITY

. 17.1 All new employees shall be regarded as probationary for sixty (60) worked days for. full tirile . employees (forty-eight ( 48} worked days if. on 10 ·hour shift, pro~ rated if shift changed) and fortY (40) worked· days for part-time employees. Such employee may be· terminated with or without cause during his probationary period. · Such an employee if · continued in· the employ of the Company after the expiration of the probationary period

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Page 18:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• . . ' . . . . . .

shall have hls .· seniority· computed from his. most recent date of· hire. Probationary employees are not permitted to grieve their discharge. ·

17.2 Layoffs which are anticipated to exceed five (5) working days, recalls after such layoffs .· . and promotions to higher rated jobs. other than to supervisory' positions ·shall be baSed .

· upon the following factors:

(a) seniority in the .bargairung unit

(b).· . skill, ability, reliability and efficiency, and

.(c) capability of being bonded or insured at reasonable and competitive rates.

. Where, in the judgement of the Company which shall not be Qxercised in an arbitrari or~ discriminatory manner, the qualifications in factors (b) and (c) are relatively eq~ru, seniority [factor (a)] shall govern. ·

·17 .3 . A list of the employees in order of their seniority shall be posted in a conspicuous place . · of employment. Controversies regarding seniority shall be settled by the Company and the Union. Failing settlement by these .Parties, the matter shall be processed wider 'the · grievance procedure of this Agreement. The Company will supply the Union with two · · .. seniority lists per year in the months of February and AuguSt. ·

·17 .4 An employee's seniority rights shall C(,'!ase and his employment shall terminate if:

. !

. (a)

(b)

(c)

(d)

(e)

(f)

(g)

·he quits voluntarily,

he is discharged for just cause, ·. . . . . .!

he is absent for three (3) consecutive. working days without authorization aridlor without notifying the Company? unless a bona fide and satisfactory reas~p is.

· given to the Company. Such reason shall include a satisfactory explanation of why there has been no notification for three (3) days, · ·

he does not reti.un to work within five(5) working days after being recalled by the Company by a letter sent by registered mail addressed to him at the ·last adqress · he has given the Company, ·

he exceeds a leave . of absence unless a reason therefore satisfactory to · the Company is given,

he is laid off in excess of twelve (12) consecutive months,

he accepts other employment while on leave of absence unless this is approved by the Coinpany.

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Page 19:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• 17.5 Seniority shall aecumulate in the folloWing circuni$mces only: ·

(a)

(b)

(c)

(d)

when off the payroll due to layoff, sickness or ·accident in which· case seniority will accumulate for a period of time equal to twelve (12) months; . ·

. when off the pajroll due· to personal leave of absence then senioritY ~11 continue to accumulate for the first calendar month of such leave; ·

when absent on vacation or on statUtory holidays; .

when actually at work for the Comp8Ily.

17.6 · It shall be the duty 1

ofeach employee to notify the Company promptly of any change in: address. If an empioyee fails to do this, the Company will not be responsible for failure

. of a notice to teach such employee: · · ·

17~7 Any employee, when.requested by the Company, prior to return to work; will provide a medical·· certificate indicating. that he is recovered from the sickness. which caused his .. absence, but only after the second day of absence. However, in instances when there is a · pattern. of questionable one-day absences, .the Company may request such certificate at · anytime. ·

18.1 Shift Scheduling ·

.ARTICLE18 GENERAL

The Company will post shifts for ·bids (on a seniority basis) setting. out the normally scheduled shifts, this to be done at least twice a year. Such schedules; once· set, shall remain in effect until the next bidding occurs unless otherwise agreed to between· the·. Company and the empioyee(s) concerned., It is agreed.that iliitially such po~ting will be .. on or about the date of Agreement implementation·and then six (6) months thereafter.·

18.2 Bulletin Board

The Coinpany agrees that' during the term of this Agreement it will Il)ake reasonable space available to the Union· on the existing bulletin board at its location. for the purpose of posting notices directly relating to the employees of the location, provided prior approval of Management is secured. · · ·

. i8.3 . Reporting-in Pay

Employees, when .required to report for work and not sufficient work is available; shall be guaranteed four (4) hours pay in lieu thereof, at their regular hourly rates of pay, This .Article does not apply where the Company is unable to provide w~rk for· any employee because of fire, lightning, power failure, storms or similar causes beyon4 the control of

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Page 20:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• • the Company resulting in the stoppage of work or where the Company has attempted to contact the employee before the scheduled start of the employee's shift.

18.4 Job Postings

The Company will ·post permanent · vacancies in ·new classifications and in existing classifications within the bargaining unit for a period of six (6) working days .. Only the original vacancy shall be posted and all vacancies which may occur as a result of having filled the original vacancy shall be filled at the discretion of the Company.

18.5 Part-time Employees

It is agreed that part-time employees will not be used to such an extent so· as to displace full-time employees.

1. Definition of "Full time employee"

Full-time eiPployee means an employee who is regularly scheduled to work forty ( 40) hours per week. · ·

2. Definition of "Part time employee"

Part-time employee means an employee who is regularly scheduled to work not more than twenty-four (24) hours per week. Part-time employees. may be scheduled up to thirty-two (32) hours to cover one day absences by full-time employees. Part-time employees may be scheduled for up to forty ( 40) hours to fill in for full-time employees who are absent for reasons such as vacation, maternity leave, and illness or injury of two days or more, witllout losing their part-time status.

18.6 Wearing Apparel

(a) · Employees will be reimbursed for dry cleaning of Company supplied uniforms which require dry cleaning upon presentation of receipts to a maximum of forty dollars ($40.00) per month. Receipts shall be submitted monthly by the 5th day of the folloWing month. The above will be paid by separate cheque.

(b) The Company agrees to reilnburse full~time employees up to seventy-five dollars ($75) per year towards the purchase of shoes in accordance with the Company's dress policy and safety ·requirements. The reimbursement will· be paid on the employee's anniversary date. An employee must have at least one. year's full­time service. The employee must provide a receipt. Part-time employees will be. reimbursed up to thirty-seven dollars and fifty cents ($3 7 .50) on the same basis.

Error! Uolmown document proper1y oame.. -17-

Page 21:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• 18.7 Bereavement Leave

Employees. shall be granted tirite off from work with.pay up to a maX:imum.of five (5) consecutive days in the event of a death in the immediate family. The term "lmm.ediate

. family" shall mean spouse~ parent, child; brother; sister or grandparent. Employees shall . · · · be granted three (3) days off from work with pay in the event of a death of a ·mother-in­law ora father-in-law. Employees will be granted one.(l) day off from work with pay in the event of a death of a brother-in-law or a sister-in-law. Where due to consid~ationsof · travel, the employee desires an extended leave, the Company may grant an \lilpaid leave of absence, in accordance with Article 14.0L · · · ·

18.8 Jury Duty·.

· (a) . Employees who are required to serve on jury duty shall have their wages maintain~ by the Company. Said employees shall be required to reimburse the Company any motiies paid to themby the court as a result ofsaidj!UY d\lty. .

(b) . The employee shall notify the company of his court ·commitment prior to the . • · preparation of the schedule for the week involved. '

· 18.9 Healtb and Welfare- Full time employees .

The Company agrees to maintain its benefit plans .which are in effect as of the ratification. of this Agreement, .and furthermore improve same if this is done on a Company-wide

· basis .. Cost sharing for such plans is to remain on the same basis as existed at time of · ratification.. · ·

18.10 Sick Days - Full time employees

The Company will provide each full-time employee with six {6) paid sick days and· four . (4) paid personal days per calendar year. New full-time employees (hired after JUlie 15, · 2004} will earn one (1) day per month following completion of probationary period during first year of employment. There will be a fifty percent (50%) payout of umised portion ·of sick and personal days ·which will be paid out _the second pay· period in· December. Existing full-tiJ:ne employees (hired prior to June 15, 2004) who have seven (7) or more sick and personal days unused, Will be pmd out at 100% of the· unused days. has seven (7) or more unused sick days, the· payout will be one hundred Percent (100%) of the unused portion of the sick days. ·

' '

·Personal days are available to be used at the agreement of the employe~ and ~employer .. · The employee must request a personal day in writing to the employer at least forty-eight . · working hours in advance. The employer must respond to the erilplQyee within twenty..: four hours ofreceiptofthe request. ·

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Page 22:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

•• • 18.11 Labour/Management Committee

A Labour Management Committ~e will be established which will consist of one (1) . Union. Steward and one (1) representative· of the Company. The purpose of this cominittee 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 adv&:Qce of the date proposed for the meeting and such request shall a.J.so contain an agenda of the matters proposed to be discussed.

' '

18; 12 UFCW Locall75 Training and Education Fund

The Company agrees to contribute $375.00 each year oftheCollective Agreement. to tlie UFCW Local 175 Training and Education Fund to be forwarded to the Union. office on . December 1 ofeach contract year.

'ARTICLE19 HEALTH AND SAFETY

. :· . ' . .

19.1 (a). . There shall beaJoint Health and Safety Committee for all airport garage employees. airport terminal employees and all off-airport employees. The Conuriittee shall ,be composed of one (1) representative appointed/elected by the Union and one (1) representative appointed by the Company. The · Committee shall meet at least once every three (3) months during regular working hours.

Minutes of the meetings shali be kept and shall be posted in the location along with the names of the members of the Committee. Anyone·who 'has a health and safety concern shall contact hi~ supervisor and a member of the Joint Health an<.l 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 · hours. ·

{b) . Where an employee is injured at work during the performance of his.duties as a · result of which he cannot complet~ the balance of his shift and haS reported such injury to his supervisor, he shall be paid for the balance of his shift at his regular hourly rate.

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Page 23:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

· ARTICLE20 TERMINATION

• 20.1 · This Agreement shall remain in force until November 30, 2005 from the: da,te hereof and

. shall continue in force . from year to year thereafter unless· iri any year· not more than · · · ninety (90) days aild not less than sixty (60) days before the date of its termination; either party. shall furnish the other with notice of termination of, or proposed revision of this Agreement. If notice of proposed revision of this Agreement is forwarded plirsuant to the ·

· temis of this ArtiCle, then withfu twenty (20) working days of such· notice, the said proposed revisions will be forwarded by one· party to the other. If ilo such proposed revisionS· are forwarded, then this Agreement shall remain unaltered unless the consent in

· writing by one party or the other~ as the case may be, is granted ..

Dated at Mississauga, this .15th day of June 2004. .

•·ift~ 11/o> FO~ n ..

Error! Unlalowo documenl.proper1)' 11.1me. :.20-

Page 24:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• • SCHEDULE "A"

WAGES AND CLASSIFICATIONS FULL TIME AND PART TIME EMPLOYEES AS OF JUNE 15, 2004

· Start Rate . 6 months

12 months 18 months·

· 24 months

June 15, 2004

$10.00 10.75 11.25 11.75

. 14.35

..

Deee.ilber 1, 2004

$10.00 10:75 11.50 12.00 14.80.

FULL TIME AND PART TIME EMPLOYEES IDREDAFTER JUNE 15, 2004

June 15, 2004 ·.·December 1, 2004

Start Rate ·. ·. 6 months 12months 18 months 24 monthS 36 months 48months

$10.00 10.25 11.00 11.75 12.25 12.75

. 13.75 .

$10.00 1o.5o· 11.25 12.00 12.50 13.00 14.00

. P3rt-time employees hired after June 15, 2004 will move on the above grid based on 173 hours equals one month. .

. Dated at Mississauga, this 9th day of September 2004.

~~;/o) FOR THEUNION

-21~

Page 25:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• • · LETTER OF UNDERSTANDING

BETWEEN:.

ALAMO RENT-A.:CAR (CANADA) INC ..

-and-

UNITED FOOD COMMERCIAL WORKERS UNION, LOCAL 175

. . .

Re: Shift Premium for Employees as ofJune 15, 2004

· A~ twenty five-cent (25¢) shift premium will be paid to employees who were employees as of . June 15, 2004 and who are scheduled to work on the afternoon shift. Afternoon shift will be . defined as all shifts starting at 3:30p.m. and later to 3:00a.m.

Dated at Mississauga, this 9th day of September 2004.

FOR THE UNION

Error! Unkllo-:n doeumenl property name. -1-

Page 26:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• • LETTER OF UNDERSTANDING

BETWEEN:

ALAMO RENT-A-CAR (CANADA) INC.

·-and-

·UNITED FOOD COMMERCIAL WORKERS UNION, LOCAL 175 ·

Re: Replacing Absent Employees

The Company will make reasonable efforts to call in employees to replace employees who are absent from work where business requires.

Dated at Mississauga, this 9th day of September 2004.

~ttbs~ FOR THE UNION

Em>r! l.JnknOWII documeut pn>per1y 1111me. -11-

Page 27:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• •• LETIER OF UNDERSTANDING

BETWEEN:

ALAMO RENT-A-CAR (CANADA) INC .

. -and-

·UNITED FOOD COMMERCIAL WORKERS UNION, LOCAL 175

Re: · Switching Shifts . . .

· For six months following ratification, the Company will allow employees to switch shifts on· a . trl.at basis. At the conclusion of the six-month period, the parties may review the. practice. Switching shifts shall be implemented as follows; ·

(a)

(b)

. (c)

(d) .·

(e)

The. employees must receive :written approval from· their. supervisors at least 48 hours in advance of the switch or such shorter period as the Company agrees.

The employees must both be full-tinie employees carrying out the same duties .. . .

The switched shifts must be within 14 days of each other.· ·

After the switch is approved, the employees will be responsible to report on their new shlft. · ·

The. switch will be for one shift only.

. ·There will be no additional cost to the Company (eg. overtime) as a result of the· switch'of shifts. Employees will be paid based upon homs actually worked and not based upon their original ~hedule; · · ·

·Dated at Mississauga, this ·9th day of September 2004.

ORTHE'COMPANY ~11/D:;- FORTHE UNION

0 ·.~.

Ern>r! Unknown dOCilmtnt properly name. -iii-

Page 28:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

BETWEEN:

• • . LETTER OF UNDERSTANDING

ALAMO RENT-A-CAR (CANADA) INC ..

-and-. . . . . . .

UNITED FQOD COMMERCIAL WORKERS UNION, LOCAL 175 · ·

Re: Part-time Employees

The Company will keep track of situations where part-time employees work more than twentY-:· four hours per week and where part-time employees fill in for full-time employees arid the reaso~ for doing so. This information will be available to the Uriion stewards to review .

. Dated atMississauga, this 9th day ofSeptember 2004:

FOR THEUNION

Jt2iJ

. !

Error! Ualmowa documeat propercy name. •IV·

Page 29:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• • LETTER OF UNDERSTANDING

BETWEEN:

ALAMO RENT-A-CAR (CANADA) INC.

- artd-

. 'UNITED. FOOD COMMERCIAL WORKERS UNION, LOCAL 175

Re: Management Employees ' . .

. The · Company does not intend to use management to· perform work. usually. performed by members of the b~gaining unit, except in cases of instruction, tr:aining and emergency situations.

. - ' . - . : . .

Emergency situations include, without limitation, a back up caused by bad .weather, unforeseen immediate customer demand for cars and custom~r service requirements such as customers waiting and/or being incon.venienced.

Dated at Mississauga, this 9th day of September 2004.

FOR THE UNION

. . ~·

-v-

Page 30:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

•••• • · LETTEROFUNDERSTANDING

BETWEEN: . ' '

ALAMO .RENT -A-CAR (CANADA) INC.

· -and-

.· UNITED FOOD COMMERCIAL WORKERS uNION, LOCAL175 .

· · Re: Sick Days

Full-tiine employees hired before J~e 15, 2004 will receive sick pay in· ~ccordance withJthe· following instead of Article .18.1 0: · ·

The Company agrees to provide ten (10) sick days per year to each employee; Unused sick days will· be paid out at 100%, at the end of the year. · ·

Dated at Mississaug~ ibis 9th day of September 2004. ', ' . '

FOR THE UNION .

~···~ D·~ . '

' '

.. ·~

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Page 31:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• · ·LETTER OF UNDERSTANDING

BETWEEN:

ALAMO RENT·A~CAR (CANADA) INC.

· • and...;

.·UNITED FOOD COMMERCIAL WORKERS UNION, LOCALJ 75.

Re: Leaves of Absence

The Company wiil provide a leave. of absence form which. employees will complete and sign when requesting a leave of absence under Article ·14.01. · · ·

. The employee will indicate on the form:

(a) the period of absence requested (start and end dates);

(b)

(c)

(d)

the rea.Sori for the absence; and . ' . .

' . : . . ' . . .

shift preference if a shift bid occurs during the leave (a~m.; p.m., days oft) or a· designate to pick a shift for the employee; or . . .

a telephone number where the employee may be reached durlng the leave ..

The Cmnpany will respond to the request as soon as possible and will in:di~ate on, the form:

(a) whether the leave is granted or demed;

(b) if grim ted, the date the leave will begin and the date and shift thne the empl~yee · will report to work following the leave of absence; and · . . ' .

(c) that benefits cease after thirty (30) days of a leave of absence.·

?ated at Mississauga, this 9th day ~f September 2004.

F RTHECOMP~/1/n~ FO~

Em>rl Unkaown documonl prilperq name.

Page 32:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• • LEITE~ OF UNDERSTANDING

BETWEEN:

ALAMO RENT-A-CAR (CANADA} INC .

. -and-

TJNITED FOOD COMMERCIAL WORKERS UNION, LOCAL 175 . .

· Re: Seniority Group

The parties agree to the following:

Seniority list for 920 Y onge Street shall be combined to form one seniority list for Full Time employees and combined to form one seniority list for Part Time employee. ·

All employees shall maintain their existing seniority dates.

Full-time and part-time employees will be treated as separate seniority groups for v~cation scheduling, shift bids, work on holidays and overtime but not for layoffs . oi promotions under Articie 17 .02. .

Dated at Mississauga, this 9th day of September 2004. ·

L,,fDS FOR THE UNION

·Error! Unknown documeat propeny 11.1me. -viii-

Page 33:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• . . . '

· LETTEROFUNDERSTANDING

BETWEEN: . . . .

ALAMO RENT-A-CAR (CANADA) INC.

··-and-

UNITED FOOD COMMERCIAL WORKERS UNION, LOCAL 175

Re: Seniority and Wage Rates . .

During negotiations, . the parties discussed how to set wage rates ·and seniority where. aii employee from outside the bargaining unit posts into the bargaining unit or where a part-time employee in the bargaining unit posts to a full-time position in the bargaining unit and vice­

. versa.· Effective from the date .of ratification of the collective agreement, the parties agree that _the following arrangements with respect to wage rates and seniority will apply:. · · ·

Seniority ·

An employee who posts into the bargaining Unit will bring his/her length of service with the Company for purposes of length of vacation entitlement. Prior service will not count towards · . seniority within the bargaining unit. The employee will be placed at the bottom of the ·seniority ' list and Will serve a probationary period. .

A part-time employee who posts to full-time will continue to have his/her seniority recognized. · ·

A full-time employee who posts or is laid off to part~time Wili·continue to have his/her seniority. recognized. ·

Wage Rates

An employee who posts into the bargaining unit from another Local 175 bargaining unit will be placed inthe same place on the grid if the employee is in the same classification and to the next. Highest position on the grid if the employee is coming from a different classification. I . . . . .·· .

A part-time employee who posts to full-time will.receive the full-time rate which· is the next highest on the grid from his/her existing part-time rate and will move on the grid at the appropriate intervals from that point. · ·

Error! Vnlalowa dowmenl pro~ oame. -ix-

Page 34:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

. ' • • . . . . .

A full-time. employee who posts or is· laid off to part-time will receive the applicable part-time wagerate. ·

Dated at Mississauga, this 9th day ofSepternber 2004.

~ttfo.,- FOR~ ' . . -~ .. . .

Error! Ualmown documelll propei1y aaatc. -x-

Page 35:  · BARGAINING AGENCY · L1 The Company. recognizes th~ Union as the sole collective bargaining agency for all employees of Alamo Rent-A-Cat (C~da) Inc. employed as Rental Sale.s

• • · LETTER OF UNDERSTANDING

BETWEEN:

ALAMO RENT-A.:.cAR (CANADA) INC;

··-and-. ' : . . . . .

. ·UNITED FOOD COMMERCIAL.WORKERS UNION, LOCAL J 75 ·

. . . . .

Re: Arbitration Tiriu! Limits.

In view of recent ~hanges . to the Ontario Labour Relations Act, · and . r~sultj.ng decisions therefrom, and in view of the parties' history of amiable Labour Relations, the. parties agree to the following:

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

Should either party serve such notice on the other party, the parties: further agree . . thai the .fmal time frarite in. the Collective Agree1;11ent respecting "~ling for arbitration" shall then be triggered. · ·

. . ' . . ' . . . . .

The parties further ·agree that any Board of Arbimt.tlon or. single arbitrator shall · have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relatiom; Act in so ~~ .

Dated at Mississauga, this 9th day of September 2004.

FO HECOMPANY ~u/{:,~

-xi-