CAW~TCA CANADA - Ontario · 2018. 4. 17. · (CAW-CANADA) AND ITS LOCAL 1688 (Hereinafter referred to as the "Union") ARTICLE 1: PURPOSE 1.01 The purpose of this Agreement is to provide

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COLLECTIVE AGREEMENT

Between

WEST-WAY TAXI NEPEAN LTD. AND ZIPTRACK AND ANY FLEET OWNER WHO OWNS AND/OR CONTROLS MORE

THAN ONE TAXI LICENSE PLATE

and

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF

CANADA (CAW-CANADA) AND ITS LOCAL 1688

CAW~TCA CANADA

Effective from: October 10, 2012 to October 9, 2015

TABLE OF CONTENTS

Article Page

ARTICLE 1: PURPOSE .................................................................................................. 1 ARTICLE 2: PARTIES TO THE AGREEMENT ............................................................... 1 ARTICLE 3: UNION RECOGNITION ............................................................................ 2 ARTICLE 4: MANAGEMENT RIGHTS .......................................................................... 2 ARTICLE 5: SOLE AUTHORITY .................................................................................. 3 ARTICLE 6: UNION SECURITY ................................................................................... 3 ARTICLE 7: CONTRACTING OUT BARGAINING UNIT WORK .................................. 3 ARTICLE 8: UNION REPRESENTATION .................................................................... 4 ARTICLE 9: STRIKES, LOCKOUTS, PICKET LINES & LABOUR DISPUTES ............. 5 ARTICLE 10: NON- DISCRIMINATION .......................................................................... 5 ARTICLE 11: DRIVER ORIENTATION PROGRAM ....................................................... 6 ARTICLE 12: WORK WEEK ........................................................................................... 7 ARTICLE 13: PAYMENTS ............................................................................................. 8 ARTICLE 14: ABSENCE DUE TO ILLNESS ................................................................ 10 ARTICLE 15: TRANSFER OF DRIVERS ..................................................................... 11 ARTICLE 16: NOTICE .................................................................................................. 11 ARTICLE 17: DESCRIPTION OF TAXICAB ................................................................. 12 ARTICLE 18: LOST ARTICLES .................................................................................... 14 ARTICLE 19: DRIVER'S DUTIES ................................................................................. 15 ARTICLE 20: CUSTOMER CONFLICT ........................................................................ 17 ARTICLE 21: PARA TRANSIT SERVICES .................................................................. 18 ARTICLE 22: GENERAL RADIO USAGE ..................................................................... 20 ARTICLE 23: BOOKING PROCEDURE ....................................................................... 21 ARTICLE 24: TIME ALLOWANCE ................................................................................ 22 ARTICLE 25: ACCOUNTABILITY ................................................................................. 24 ARTICLE 26: NO-LOADS ............................................................................................. 24 ARTICLE 27: AREA OF SERVICE ............................................................................... 25 ARTICLE 28: TAXI CONCESSIONS ............................................................................ 25 ARTICLE 29: TERM OF AGREEMENT ........................................................................ 27 ARTICLE 30: LOCAL CALLS ........................................................................................ 27 ARTICLE 31: BIDS & ATTRIBUTES ............................................................................. 28 ARTICLE 32: SPECIAL SITUATIONS .......................................................................... 29 ARTICLE 33: DISPATCH SERVICES .......................................................................... 30 ARTICLE 34: COMMITTEES ........................................................................................ 32 ARTICLE 35: SAFETY AND HEAL TH .......................................................................... 32 ARTICLE 36: SPECIAL SERVICES ............................................................................. 33 ARTICLE 37: DISCIPLINE AND DISCHARGE ............................................................. 35 ARTICLE 38: NON-COMPETITION .............................................................................. 37 ARTICLE 39: GRIEVANCE PROCEDURE ................................................................... 38 ARTICLE 40: ARBITRATION ........................................................................................ 39 ARTICLE 41: CHARGE ACCOUNTS .......................................................................... .40 ARTICLE 42: INSURANCE .......................................................................................... 41

ARTICLE 43: TAXI PLATE LEASES ............................................................................ 42 ARTICLE 45: SENIORITY ............................................................................................ 44 ARTICLE 46: BEREAVEMENT ..................................................................................... 45 ARTICLE 47: TIME OFF ............................................................................................... 45 ARTICLE 48: CREDITS ................................................................................................ 47 ARTICLE 49: SOCIAL JUSTICE FUND ........................................................................ 49 ARTICLE 50: PAID EDUCATION LEAVE ..................................................................... 49 ARTICLE 51: TECHNOLOGICAL CHANGE ................................................................. 49 APPENDIX I: STANDARD RATES ............................................................................... 50 APPENDIX II: ZONE BOUNDARIES .......................................................................... 50 APPENDIX Ill: AIRPORT BACK UP POLICY .............................................................. 50 SIGNATURES TO THE COLLECTIVE AGREEMENT .................................................. 54 LETTER OF UNDERSTANDING: MOVING OF DISPATCH SERVICES ..................... 55 LETTER OF UNDERSTANDING: DISPATCH .................................................... 50

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)

COLLECTIVE AGREEMENT

between

WEST-WAY TAXI NEPEAN LTD. AND ZIPTRACK AND ANY FLEET OWNER WHO OWNS AND/OR CONTROLS

MORE THAN ONE TAXI LICENSE PLATE

(Hereinafter referred to as the "Company")

and

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS UNION OF CANADA

(CAW-CANADA) AND ITS LOCAL 1688

(Hereinafter referred to as the "Union")

ARTICLE 1: PURPOSE

1.01 The purpose of this Agreement is to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions for all employees who are subject to the provisions of this Agreement, and to assist in the general delivery of taxicab service to the public in a businesslike manner.

ARTICLE 2: PARTIES TO THE AGREEMENT

2.01 Between:

-and-

National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) Local 1688

(hereinafter termed the Union)

West-Way Taxi Nepean Ltd. and Ziptrack any fleet owner who owns and/or controls more than one taxi license plate

(hereinafter termed the Company)

Collective Agreement Westway Taxi Nepean Page 1

2.02 Notwithstanding anything herein contained the drivers subject to this Agreement are acknowledged to be employees only for the purpose of this Agreement and the Labour Relations Act of Ontario.

ARTICLE 3: UNION RECOGNITION

3.01 The Company hereby recognizes the Union as the sole and exclusive bargaining agent for all employees of West-Way Taxi Nepean Ltd., operating taxis as single plate owners, lessees, rental drivers in the City of Ottawa, save and except dispatchers and call takers, persons above the rank of dispatchers and call takers, fleet owners and office and clerical staff.

3.02 Clarity Note: The Parties agree that fleet owners are fleet owners who own and/or control more than one taxi license plate.

ARTICLE 4: MANAGEMENT RIGHTS

4.01 . The Union acknowledges that it is the exclusive function of the Company to operate and manage its business, to maintain order, to promote, to demote, to discipline and to discharge employees for just cause.

This clause shall not be construed to prevent an individual from becoming a member of the Company through the purchase of taxi plates and /or cars, provided, however, that he shall abide by the terms of this Agreement and be deemed to be a signatory to this Agreement.

4.02 The rights reserved to the Company herein are subject to the other provisions of this Agreement and must be exercised in a manner consistent with them.

4.03 Without limiting the generality of the foregoing provisions, it is expressly understood that a breach of any of the Company's rules or any of the provisions of this Agreement may be deemed to be sufficient cause for discipline up to and including dismissal and it is understood that nothing herein shall deprive the drivers of the right to challenge any penalty through the regular grievance procedure.

4.04 Company owned plates will operate under the Company roof sign.

4.05 The Company agrees that in exercising its management rights and in administering this Agreement it shall be fair, reasonable and nondiscriminatory.

Collective Agreement Westway Taxi Nepean Page2

4.06 Rules and regulations shall not be modified or altered without the consent of the Union.

ARTICLE 5: SOLE AUTHORITY

5.01 This Agreement shall be the sole authority governing the relationship between the Company and the drivers. The signing of this Agreement by the Parties will render null and void, any outstanding personal contracts that may have been entered into, between the Company and its drivers, as it relates to this Collective Agreement.

ARTICLE 6: UNION SECURITY

6.01 The Company agrees that for as long as this Agreement remains in force, it is a condition of employment for all present employees, to become and remain union members in good standing, as of the date of ratification of this Agreement and for all new employees to become and remain members in good standing of the Union as of their first day of hire.

6.02 It is the duty of the Company to ensure that each employee's monthly dues and/ or assessments are properly collected and recorded.

6.03 The Company agrees to collect from each and every driver on the first day of each month and remit to the Union, no later than the fifteenth (15th) day of each month, the prevailing union dues or assessments, as set from time to time, by the Union.

6.04 The Company shall, by the twentieth (20th) day of each month submit to the Union, a list of names in alphabetical or car number order, showing all persons paying dues for that month. This list shall include the driver's addresses, social insurance numbers and telephone numbers. The list must show newly hired drivers have paid their initiation fee.

6.05 The Union agrees to give the Company one (I) month's notice, in writing, of any changes to the prevailing union dues or any assessments.

ARTICLE 7: CONTRACTING OUT BARGAINING UNIT WORK

7.01 Dispatchers and phone jockeys shall not drive. The Company shall be entitled to replace dispatchers with drivers on an emergency basis in order to dispatch on voice in the event of a computer malfunction, or scheduled computer downtime. It is further agreed that the Company shall seek the

Collective Agreement WestwayTaxi Nepean Page3

7.02

Union consent on its selected replacement temporary dispatcher. No relative of a driver should be hired as a dispatcher or call taker except on an emergency basis.

The Company agrees that all requests for service received by the Company from former OC Transpo/Para Transpo, shall be dispatched to the members of the West-Way Taxi Bargaining unit. It is agreed that when there are no available drivers from the Bargaining unit, the Company may distribute Para Account trips to any authorized and eligible drivers, driving under the roof sign of any other company having entered into a Collective Agreement with CAW Canada (the Union).

ARTICLE 8: UNION REPRESENTATION

8.01 The Union shall notify the Company in writing, of the names and positions of the persons authorized to represent the Union and/or the drivers, for the purpose of this Agreement. Further, the Union shall promptly notify the Company in writing, of any changes in these names.

8.02 The members of the Company shall provide to the Union all necessary information relating to the following matters, on a current basis:

Drivers and/or their business agent, with the written consent of that driver, shall have access to any report, complaint or personnel records within three (3) business days, and shall upon request, be supplied with copies of the documents, at no expense. The Company agrees that any information, if found to be inaccurate, will be corrected.

8.03 Upon the Union giving three (3) days notice, the Company will broadcast notice of union meetings across the dispatch system, twice every eight (8) hours with a minimum two (2) hour intervals between broadcasts, during the forty eight (48) hour period immediately preceding the date of the union meeting. Such announcements will not occur more frequently than twice every month.

8.04 A Company provided notice board will be maintained and made available for the posting of messages and communications directly related to union business.

8.05 Leave of absence without fees shall be granted for a period of up to one (1) year to a driver who is engaged in full-time union activity. Such leave of absence shall, upon request, be extended from year to year, to a maximum of three (3) years. During such period of absence, seniority will continue to be maintained.


8.06 Upon written request from the President or The National Representative Agent of the Union, a leave of absence shall be granted to:

(a) Employees for the purpose of attending union functions, including but not limited to conventions, schools, seminars, or other functions, including matters arising from the administration of this Collective Agreement.

(b) Three (3) employees for the purpose of attending contract negotiations meetings with the Company.

(c) Provided that in all instances, the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave, as it applies to (a) and in (b) the setting up of a meeting for negotiations shall be deemed as sufficient.

An employee's seniority will continue to accumulate during a leave of absence and employees will not be charged any fees during this period.

8.07 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window, without interference from the Company, a Union decal supplied by the Union.

8.08 Union representatives shall be entitled to both distribute Union literature near the Company's place of business during non working and working hours and to leave a reasonable amount of literature for drivers to pick-up at the Company's place of business.

ARTICLE 9: STRIKES, LOCKOUTS, PICKET LINES & LABOUR DISPUTES

9.01 There shall be no strikes or lockouts so long as this Agreement continues to operate.

9.02 Drivers in the bargaining unit shall have the right to refuse to cross a picket line and/or refuse to handle struck work, in connection with a labour dispute.

9.03 Failure to cross a picket line or handle struck work, shall not be considered grounds for disciplinary action or otherwise be a violation of this Agreement.

ARTICLE 10: NON- DISCRIMINATION


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10.01 All new drivers, including but not limited to taxicab rental drivers (TRD's), single plate renters (SPR's) and single plate owners (SPO's), and drivers for SPR's and SPO's must first be approved by the Company. This applies to new hires and re-hires of both Company and non-Company owned taxis.

10.02 The Company reserves the right to determine and enforce whether a driver may commence work under the Company roof sign. Such approval shall not be unreasonably withheld.

10.03 The Company shall not discriminate against drivers with respect to terms and conditions of employment, on any of the prohibited grounds named in the Ontario Human Rights Code, or on the grounds of Union activity.

10.04 There shall be equal opportunity regardless of sex, in all facets of the Company's taxi business governed by this Agreement.

10.05 No driver shall be required to retire on the grounds of age.

ARTICLE 11: DRIVER ORIENTATION PROGRAM

11.01 All new drivers and all rehires having been absent for more than one (1) year, must successfully complete the Company's Driver Orientation Program prior to beginning work. Candidates may receive background information about the Program, prior to instruction.

11.02 The Orientation Program will be devised by the Company and the Union.

11.03

Candidates must pass the test which shall cover, but not be limited to, area knowledge, as well as demonstrate to their instructor their ability to:

(a) Learn and comply with dispatch procedure and Company Policy;

(b) clearly transmit arid receive information and instructions over a two-way radio and mobile computer system (if in place);

(c) efficiently carry out instructions received from dispatchers and customers.

Candidates must complete the Program to the satisfaction of their instructor before they may work under the Company roof sign. Where the instructor deems it necessary, or should the candidate fail any portion of the written test, there shall be a fourteen (14) day waiting period before the prospective driver can re-do the portion of the tesVtraining. However, the prospective driver must re-do the portion of the tesVtraining that he failed within six (6) months of his initial attempt; otherwise he must redo all of the above. The Company agrees to conduct the above tesVtraining twice per month if required.


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11.04

11.05

11.06

11.07

12.01

12.02

12.03

12.04

12.05

The company shall not be required to offer a candidate another opportunity to participate in the Program (and consequently work under the West-Way roof sign) if they have failed the test two times.

Candidates may enroll in the Program at any time and must pay the Company the applicable rate before being allowed to begin work at the Company. Re-hires enrolled in the Program within three (3) years of last working day at the Company, are not required to pay for the Program.

The Company and the Union shall jointly develop an informational handout, with information on Company procedures and special account information, not found in the Collective Agreement. The contents of this handout shall be taught during the Driver Orientation Program and a copy given to each successful graduate.

It is agreed that maintaining the highest levels of customer service is essential to the livelihood of all drivers at the Company. As such, all new drivers will be considered probationary and subject to the following discipline schedule for the first 90 days of work under the West-Way roof sign:

Infraction 1st Offense 2nd Offense 3rd Offense 4th Offense

All - as listed on attached discipline schedule for non probationary drivers

Written Warning

24 hr suspension

72 hr suspension and redo training course

ARTICLE 12: WORK WEEK

Dismiss

The Company agrees that the drivers shall determine their work week, subject to the provisions of this Agreement.

The Company agrees that the work week shall be based on seven (7) days.

TRD's shall pay their weekly rental over six (6) days and have the use of the vehicle for seven (7) days.

Stand rents for car owners shall be calculated and paid monthly. Any reduction is to be calculated on a weekly basis and there shall be no reduction given for anything less than seven (7) consecutive days off, except where provided in this Agreement.

Shifts shall be mutually agreed upon by the partners of the vehicle and in case of dispute, shifts shall commence at 4:00 a.m. and 4:00 p.m. The change over location shall be mutually agreed to by the partners of the


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vehicle and in case of dispute, change over shall be at the Company office.

ARTICLE 13: PAYMENTS

13.01 Payments are to made by way of cash, certified cheque or Company approved credit cards or taxi chits. The Company will levy a surcharge of five percent (5%) on all payments/redemptions made on credit and a surcharge of one percent (1 %) on all Para trips/cheques.

13.02 The Company shall accept personal cheques from all employees, provided that the employee has been employed for twenty eight (28) days, for payment of fees owing, provided that the individual employee has not given the Company a cheque which was returned NSF. The Company may, in its sole discretion, continue to accept or reject personal cheques from individual employees who have had cheques returned NSF. Any cheque returned NSF or for any other reason will be subject to a service charge of twenty five dollars ($25.00).

13.03 SPRs and SPOs must pay their stand and plate rent monthly in advance. Monthly payments are due by the fifth (5th) of each month or the next business day should the fifth (5th) fall on a weekend or holiday. TRDs are required to pay their cab rents weekly in advance by 14:30 Monday or Tuesday, if Monday is a statutory holiday.

13.04 New drivers, rehires, or drivers leaving for or returning from a company approved leave of absence or time off and ending or beginning work on any day other than Monday, will be responsible for payment on a daily basis for that week, including Sunday. Daily basis payment will be calculated by dividing the weekly payment by 7 (seven).

13.05 Drivers who have not made payments in full by applicable due dates, will be suspended until such payments are received by the Company. Upon request by the Company, TRD's are to return their cars and equipment and SPR's are to return their plates and any equipment rented from the Company, directly to the Company office.

13.06 In the event of a breakdown of a rental vehicle, the Company shall supply the TRD with a spare vehicle, if available. Where the Company supplies a spare vehicle, the TRD shall be obliged to accept the vehicle, and where the TRD does not accept the vehicle he shall receive no credit, provided the vehicle is clean and roadworthy. If no spare vehicles are available or the spare vehicles are not clean and roadworthy, the TRD shall be responsible for rental fees on the following basis:

(a) There shall be no reduction of daily rents for the first two (2) hours or part thereof that the car is off the road for repairs or maintenance up to a

Collective Agreement Westway Taxi Nepean Page a

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maximum of six (6) hours per week. Where a taxi is off the road for repairs in excess of six (6) hours per week:

(i) TRD's of twenty-four (24) hour shift cars will receive a reduction of one fourth (1/4) of the daily rent for each six (6) hours or part thereof that the car is off the road for repairs or maintenance;

(ii) TRD's of twelve (12) hour shift cars will receive a reduction of one fourth (1/4) of the daily rent for each three (3) hours or part thereof that the car is off the road for repairs or maintenance.

13.07 The rental rates are agreed by the parties to be as follows:

Year1 Year2 Year 3 Stand Rent $435.00 $445.00 $455.00 Plate Rent $730.00 $740.00 $750.00 24 Hour Rental $ 95.00 $ 96.90 $ 98.84 12 Hour Rental $ 70.00 $ 71.40 $ 72.83 Stand rent to be paid monthly 24 and 12 hour rentals to be paid dailv

N.B: The rates do not include G.S.T. Year 1 rates come into effect upon ratification, year 2 rates come into effect, one (1) year after ratification, and year 3 rates come into effect two (2) years after ratification.

13.08 The Company office shall be open to accept payments or to cash Company charge chits and credit card drafts between the hours of 8:30 am and 2:30 pm Monday to Friday unless notice is given over the computer dispatch in advance of a change in hours. Such change will be a given day change, not a permanent change in office hours.

13.09 Comprehensive Documentation: It is the drivers' responsibility to complete all credit vouchers with the information required to process the voucher. The information required includes but is not limited to, the time of pick-up, all pick-up and drop-off locations, price and signature(s). Drivers not fully documenting vouchers will be responsible for gathering all necessary information and/or signatures prior to the redemption of such voucher by the Company.

13.10 Consistent Rates: Upon the request of a Company account, the Company will review credit vouchers submitted by drivers for the amounts charged for identical trips. Where drivers have submitted varying rates for identical trips the Company will only redeem vouchers for the lowest value submitted for the trips made, unless a reasonable explanation for a higher rate is provided, that is acceptable to the credit account holder. Explanations must be written on the back of the voucher.


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13.11 Drivers shall present their charges at least once every fifteen (15) days and will not be penalized for submitting charges within thirty (30) days.

13.12 If requested, a proper signed receipt shall be furnished by the owner, for all payments made by the driver. (If requested, said receipt shall show a breakdown of all payments made by the driver and the dates for which they apply including any applicable taxes.) For the purposes of this clause a numbered computer receipt shall be deemed to be signed.

13.13 Any parking tickets must be paid by drivers immediately. Past due tickets are sufficient reason for discipline, as per article 13.14.

13.14 Where the discipline of a driver results in a reimbursement of monies, then the driver shall be suspended and not be reinstated until the monies are paid:

(a) to the Company, where the Company has experienced the loss;

(b) to the Union, where another driver of the Company has experienced the loss.

13.15 All approved trips that are handed in for payment on a receipt card (WSIB, Social Service etc.) must contain all information in 13.09 as well as account information, account reference number (where available) and trip ID number.

ARTICLE 14: ABSENCE DUE TO ILLNESS

14.01 Drivers absent due to illness are eligible for exemption from payment from the date notice of illness is reported to the Company management or front office staff (exemption date).

14.02 Upon giving notice of illness, the driver of a Company owned rental taxi, where physically able, shall return or arrange with the Company to return the taxi in order to remain eligible for exemption from payment.

14.03 Drivers fulfilling all exemption provisions and providing a medical certificate will be exempt from the following payments for the period indicated on the medical certificate, with the earliest eligible date being the exemption date:

TRD: taxicab rental fee SPR: stand rent and plate rent fee SPO: stand rent fee


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14.04 Drivers submitting medical certificates for payment exemption and discovered to have been working during the exemption period will not receive any exemption in payment for the complete period of absence.

14.05 Should the Company request it, the SPR will return his plate and any equipment owned by the Company, to the Company, during the renter's period of absence.

14.06 A return from absence due to injury or illness over eighteen (18) months, shall be treated as a rehire if he/she fails to present a detailed medical certificate as evidence of injury or illness, in order to preserve his/her seniority.

An employee returning within thirty (30) days from an absence due to injury or illness, shall be returned to his previous vehicle, provided said vehicle is still working as a taxicab, and if it is not, he/she shall be returned to another vehicle.

An employee returning to work after thirty (30) days, but less than eighteen (18) months from the commencement of his/her injury or illness, shall be returned to work, displacing the most junior driver driving with the Company.

Clarity Note (i): A twelve (12) hour driver returning from illness/injury shall be returned to a twelve (12) hour shift car by replacing the most junior driver driving. Should the most junior driver be driving a twenty-four (24) hour car, he/she would then be offered the shift remaining after the returning driver has chosen.

Clarity Note (ii): A twenty four (24) hour driver returning from illness/injury would replace the most junior driver and assume his/her shift.

ARTICLE 15: TRANSFER OF DRIVERS

15.01 If a driver releases a Company rental car or a Company taxi plate to drive a taxi owned by either himself or another party, then dispatch services will only be provided to that driver if he has paid, or made satisfactory arrangements to pay all outstanding debts incurred by him in his operation of the Company's taxi and/or taxi plate and he has fulfilled all notice period requirements to the Company.

ARTICLE 16: NOTICE


16.01 Unless otherwise provided for in this Agreement, drivers must give notice to the Company in any case where they:

(a) transfer to another owner/lessee;

(b) transfer to a plate that they have purchased;

(c) require either a leave of absence or time off, quit or resign from the Company.

No notice is required where a driver transfers but has an immediate and acceptable replacement driver for his plate and/or vehicle and where the driver and the replacement have fulfilled all previous debt obligations to the Company.

16.02 Unless an acceptable replacement driver is provided, drivers are to make full payment to the Company throughout all notice periods, whether notice was provided by the driver or not.

16.03 The Company will determine whether notice given is to be affected in any case where a driver has given notice and not acted upon it by the effective notice date.

16.04 There is a one (1) week notice requirement for renters of Company owned taxis and a four (4) week notice requirement for renters of Company owned taxi plates who wish to transfer.

16.05 In the case of a leave of absence, quitting or resigning from the Company, a TRD of a Company owned taxi must give one (1) week's notice of intent to return the taxi, an SPR of a Company owned taxi plate must give four ( 4) week's notice of intent to return the taxi plate and cancel dispatch services, and an SPO must give one (1) week's notice of intent to cancel dispatch services.

16.06 Unless otherwise authorized by the Company, drivers requesting time off must give notice of one (1) week. -

ARTICLE 17: DESCRIPTION OF TAXICAB

17.01 All taxis operating at the Company must be clean and presentable, both inside and out. Cars must be washed by 10:00 am every day. Where requested by the Company, confirmation of a clean car by a Union steward shall be sufficient evidence of a clean car.

17.02 All taxis operating at the Company must have a Company supplied and installed computer MDT including GPS antenna.


'1 17.03 No drivers shall abuse or mistreat any vehicle or equipment. (i.e. roof

sign, radios, MDT, meters and aerials)

17.04 The Company reserves the right to require a taxi to be immediately repaired or cleaned before resuming work. Roof signs must be kept in good working order (not broken, taped, or faded) with the Company logo clearly visible front and rear.

17.05 All vehicles must first be approved by the Company before they may operate at the Company as a taxi. Such approval will not be unreasonably withheld.

17.06 All taxis operating at the Company must be free of promotional material, both inside and out, unless otherwise approved by the Company.

17.07 Before accepting the first fare each day, drivers must ensure:

(a) the meter, roof sign, radio, computer and point of sale terminal are working properly,

(b) the taxi is equipped with a working spare tire and car jack,

(c) the essential vehicle fluids are topped up (oil, windshield washer),

(d) the taxi is clean, inside and out (subject to Article 17.01 ),

(e) receipt cards, pen and paper and an up to date guide book are within reach. Drivers are to make proper use of the map book, to avoid using unnecessary air time with the dispatcher.

(f) have a manual credit card machine.

17.08 It is recommended that drivers:

(a) have booster cables, an empty emergency gas container and a flashlight in their taxi,

(b) avoid working with less than one-half (112) of a tank of fuel, and

(c) never leave their taxi unlocked and unattended, and

17.09 Service schedules for Company owned rental taxis are posted in the Company's administrative office. TRD's shall keep a detailed account of necessary repairs to provide to mechanics on the taxi's service date. TRD's shall proceed directly to the garage if the repairs require immediate attention.

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17.10 When they are working, all drivers must ensure that their roof signs are affixed to the roof of their taxis and in such a manner that the roof sign is parallel to the front windshield.

17.11 Each TRD shall be supplied for a daily twelve (12) or twenty-four (24) hour period, at no extra cost, a roadworthy safe taxicab with proper weather resistant tires containing:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

a roof sign,

a sealed taxi meter,

a two-way radio,

a spare tire,

a tire tool,

a jack,

a mike clip,

an MDT with GPS antenna

a block heater where required and requested.

Any equipment owned by the Company that becomes inoperative shall be repaired as soon as possible.

17.12 All cars working at the Company must have four (4) hub caps at all times. The driver(s) of any vehicle not conforming to this article, will have twenty four (24) hours to replace any missing hub caps, before having their dispatch service suspended.

ARTICLE 18: LOST ARTICLES

18.01 Should a customer wish the immediate return of the lost article, the dispatcher shall notify the customer of the approximate metered cost of return from the location of the driver at that time and the driver shall return the article immediately to the customer, at the standard metered rate.

18.02 If the customer does not wish to pay for the immediate return of the item it must be returned to the dispatch office within 24 hours.

18.03 Drivers holding items on account of non payment of a fare must hand in the item to the office where the money will be collected, and the item returned.


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ARTICLE 19: DRIVER'S DUTIES

19.01 Drivers must always be neat, clean and orderly in appearance. The following articles of clothing are not acceptable forms of clothing at the Company:

(a) Work pants, sweat pants and shorts, except dress shorts,

(b) tank tops, and muscle shirts,

(c) large brimmed hats, and

(d) any clothing displaying objectionable gestures and/or wording.

Hair must be clean and neat; faces must clean shaven or beards neatly trimmed. Clothing must be tear and rip free, with no visible patches or stains, and must be cleaned and pressed as required. Socks must be worn at all times with all types of foot wear except where wearing sandals.

19.02 When arriving at the customers' address, drivers must:

(a) except during the overnight shift and where either there is no legal standby location, the driver's safety is at risk, or the driver is unable stop due to blocking the flow of traffic, the driver shall get out get out of the taxi and knock on the door, ring the bell, or go inside to look for the customer if it is a public place. Never sit outside of the home or business and honk the horn unless specifically requested to do so;

(b) offer to help the customer with any bags, parcels or luggage;

(c) never smoke while on duty regardless of whether there are customers in the car or not;

(d) not use profane or vulgar language, or complain about short fares or time calls;

(e) not discuss personal matters or preach personal beliefs;

(f) make every effort to take the shortest route to the destination, or follow the route requested by the customer;

(g) take the customer/parcel DIRECTLY to the destination stated by the dispatcher, should such information be provided to the driver;

(h) deduct an appropriate amount from the fare if they have mistakenly taken an unnecessary long route;


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19.03

19.04

19.05

19.06

19.07

(i)

(j)

provide a properly documented receipt on the authorized form of the Company showing the date, plate number and driver's name (legibly written) when requested to do so by the passenger, or whenever there is a dispute over the fare;

at the customers request, turn off their music radio, and adjust the heat or air conditioning.

Unauthorized Passenger: Drivers must never:

(1) · convey a parcel fare along with another customer unless specifically authorized by the dispatcher,

(2)

(3)

(a)

(b)

(c)

(d)

convey two (2) separate customers without their mutual consent,

convey a parcel fare or a customer with someone else in the taxi who is not a party to the fare.

All drivers must ensure that they have change for twenty dollars ($20.00) Canadian, at all times. Where the passenger provides payment in a denomination of twenty dollars ($20.00) or less, no driver shall charge such passenger for the cost of proceeding to an establishment for change or for waiting time while the passenger obtains the change.

No driver shall refuse to provide assistance to a senior or disabled passenger, except where the driver is physically incapable of providing such assistance as may be required by that specific passenger. The driver must notify dispatch immediately in any case, where not capable of providing the required assistance.

Drivers must be prepared to assist all elderly and disabled customers as follows:

Assist the passenger from the curb to the taxicab,

offer support while the passenger enters the taxicab,

lift or transport common mobility aids such as crutches, walkers, etc.,

transport a disabled person who is accompanied by a guide dog, except where the dog poses a health or safety risk.

All drivers are advised that it is against the law and Company Policy to refuse guide dogs in their cabs, unless for health and/or safety reasons.

Visually or hearing impaired passengers may be accompanied by guide dogs. Such dogs are not just pets but are specially trained to assist the


.)

disabled. All drivers are required to transport both the disabled passenger and their dog.

15' Offence for refusal Fourteen ( 14) days suspension

2nd Offence for refusal Dismissal. Shall not work under the Companv roof sian.

Note: Dispatchers shall forewarn drivers of fares that travel with a guide dog. Only drivers with supporting medical documentation on file with the Company may refuse such fares. Drivers must have their medical certificates updated annually. Medical certificates will only be accepted on behalf of the driver's themselves not for any other members of their families who may suffer from pet allergies etc.

19.08 Arguing, threatening and fighting among drivers while on duty or when the roof sign is on the vehicle will not be tolerated. Violations of this clause shall be subject to progressive discipline.

ARTICLE 20: CUSTOMER CONFLICT

20.01 If a customer refuses to pay for a fare the driver should advise the dispatcher who will notify the by-law department and/or the police.

20.02 The Company agrees that dispatchers shall co-operate in every way possible, to aid a driver who reports himself in danger. The dispatcher shall not assess for himself the degree of urgency in any distress call and shall utilize nearby taxicabs and/or police to provide aid.

20.03 Except where the driver has a previous engagement, the driver shall serve the first person requiring the service of his taxicab except when the prospective passenger:

(a) is disorderly or abusive, (b) is in possession of an animal other than a seeing eye dog, (c) refuses to state his final destination upon entering the taxicab, (d) has not paid a previous fare, (e) refuses to pay in advance for a flat rate out of town fare, (f) poses a health or safety risk, (g) has called two taxi companies for the same fare.

In cases of disputes involving intoxication and/or health and safety risk, and while the well being of the driver is of paramount importance, extreme caution and sound discretion must be exercised prior to any refusal. At all times the nature of the business, that being a service industry must be


20.04

20.05

borne in mind, so each and every situation must be measured on its own merit.

Drivers requesting to be excused from driving particular customers must provide evidence of being abused by that customer. The driver must file a report with the Company who, along with the union, will in turn investigate the allegations.

If the Company agrees with the driver's claim, then the driver will be passed over for his turn, should it coincide with a request by that customer for a taxi. If appropriate the customer will be placed on the restricted customer list. Drivers and dispatchers will not make the decision on which customer shall be placed on the restricted list.

Should the Company disagree with the driver's claim, then the driver will be responsible to continue accepting that customer in his turn, should it coincide with a request by that customer for a taxi. Drivers remain subject to discipline if they refuse fares that have not been approved for refusal by the Company.

Note: This article will only be applicable if the computer system is capable of restricting specific drivers from specific addresses.

Customers requesting to be excluded from being driven by a particular driver must provide evidence of being abused by that driver. The customer must lodge a complaint with the Company who, in turn, will investigate the allegations.

If the Company agrees with the customer's claim, then the customer will not be sent that driver when requesting a taxi. Additionally, the driver will be passed over for his turn, should it coincide with a request by that customer for a taxi.

Drivers found to be rude or abusive to a customer in order to avoid a known short fare in the future, will receive progressive discipline.

ARTICLE 21: PARA TRANSIT SERVICES

21.01 Beginning in January of 2013, and ever six (6) months afterwards, the Company will post sign-up sheets at the Company office for any drivers interested in being trained to perform Para work. The Company will provide the Union with an updated list of Para Transpo drivers on a regular basis.

21.02 Only drivers interviewed and deemed eligible shall be designated authorized Para account drivers. The Company shall not deny access


)

21.03

21.04

21.05

21.06

21.07

21.08

21.09

21.10

21.11

21.12

to Para Transpo work to any trained West-Way taxi driver without just cause.

Prior to June 1, 2013, the number of authorized Para Account drivers shall be limited to the number of drivers required to perform the Para service. The company shall ensure equal, fair and just distribution of Para service to all West-Way drivers.

Drivers will participate in a blind draw every three (3) months for their route. Drivers will service the same route for three (3) months after which they will be able to draw again. The Union Management committee members may be present during the draw.

In the event of any changes, cancellations emergencies etc. the company may communicate with Para Account drivers by any means not limited to the Companies dispatch I computer frequency.

All authorized drivers are responsible to comply, at a minimum, with the requirements set out in the City of Ottawa's RFP for providing Para service.

All Para drivers must call the Para dispatcher every morning before 7:00am and work if needed. Full-time Para Transpo drivers are not allowed to book into the dispatch system or use company taxi stands between Monday to Friday 4:00 a.m. to 6:00 p.m. Drivers in contravention of this article are subject to progressive discipline and will not be permitted to do any Para or work if they are suspended.

Drivers, who are deemed to be working the full time Para rotation, commit to working from 6:00am to 6:00pm. Any driver who returns their daily route sheet without just cause shall be subject to progressive discipline. Any West-Way Para staff member who contravenes Para policy shall be subject to progressive discipline.

Para drivers having appointments or obligations which would result in their not being able to complete his entire day's routes, must inform Para management 24 hours in advance.

Drivers must inform dispatch if they are unable to carry multiple passengers due to their having multiple walkers.

Drivers must report any abusive customer to para management, and action up to and including allowing the driver to refuse that customer will be assessed on a case by case basis. The Company shall ensure that all drivers are informed that they have the right to refuse unsafe work.

The driver shall be paid for no load: $7.50 in-town fares

Collective Agreement WestwayTaxi Nepean Page 19

)

21.13

21.14

21.15

21.16

21.17

Upon request from the Union, the Company agrees to provide proof that the Para fare was cancelled by the City.

All Para drivers are required to have a second radio (mobile or portable). All discussions between the Para dispatcher and the driver shall be done on the second radio on the Para frequency unless the driver is out of his cab in which case use of a cell phone is permitted.

The parties agree to meet within two (2) weeks of ratification to negotiate new rules and regulations for the para handbook.

For the purposes of Article 21.07, the penalty for proven abuse of Para Transpo driver ID is immediate termination from working at Para Transpo. Upon request the company agrees to provide all Para work records related to the discipline of the Para Transpo driver.

Beginning in June 2013, a list will be formed of all eligible and authorized Para drivers. At the top of the list will be all newly trained Para drivers. These new drivers will pick first from available full time routes. If there are additional full time routes available after the new drivers have picked, they shall be distributed according to the blind draw. Those drivers not picking a full time route shall be placed on the back up list and shall be first to pick from the full time routes at the next draw in three (3) months. Full time routes will then be distributed to the next group on the list at each draw. Newly trained drivers shall be placed at the bottom of the list.

ARTICLE 22: GENERAL RADIO USAGE

22.01 It is the driver's responsibility to ensure they have a radio that is compatible with the Company's computerized dispatch system.

22.02 Voice communication over the 2-way radio shall only be permitted when authorized by the dispatcher. Drivers must place a GO TO VOICE request on their MDT in order to initiate a voice communication.

22.03 Drivers will refrain from unnecessary voice requests. Voice communication is for emergencies and important information only.

22.04 Failure to come to voice after 2 requests by the dispatcher shall result in the driver being suspended from the dispatch system until such time as he responds to the GO TO VOICE request.

22.05 Persistent On Air Arguing: Any questions or complaints regarding dispatch procedure must be voiced over the telephone, in person or at the office, not over the air.


22.06

22.07

22.08

22.09

22.10

22.11

Blocking Air Waves: Transmit only when necessary. Excess dialogue or any intentional blocking of the air is not allowed. Blocking or interfering with the smooth operation of the Company's frequencies will be subject to progressive discipline.

Blocking Air Waves: Drivers may not possess any device capable of transmitting on the company's transmit frequency. Drivers shall have their dispatch services suspended and must immediately eliminate the "transmit" frequency before having their dispatch services reinstated.

Unprofessional On-Air Transmission: Always use professional and acceptable language when transmitting over public airwaves. Inappropriate language will be subject to progressive discipline.

SPLs and SPOs are responsible for submitting their annual radio license fee to the Company when requested (once per year). The Company shall submit said fees to Industry Canada on behalf of all the plates operating at the Company and supply a copy of the radio license to each SPL and SPO.

A copy of the radio license must be kept in each taxicab at all times.

Drivers are prohibited from talking or texting on their cellular telephones when they have a customer in the car.

ARTICLE 23: BOOKING PROCEDURE

23.01 (a) Drivers may only book into zones and stands as dictated by their GPS position.

(b) The mobile data terminal (MDT) in the taxi is for booking and receiving fares.

23.02 Being Called for a Fare: When a fare is offered to a driver, his MDT shall beep and display FARE WAITING and the zone#, at which time he may choose to accept or reject the fare.

23.03 Accepting a Fare Prior to Pick-Up: Drivers are not to accept a second fare or pick up a flag fare before picking up their first dispatched fare. Drivers in contravention of this article who are late to pick up their second fare will be disciplined as outlined in the discipline schedule.

23.04 Late Arrival: Drivers should only accept a fare when they are ready and able to arrive at their next fare within the accepted time allowance. All fares must be serviced without delay.


I ·'

23.05

23.06

23.07

23.08

23.09

23.10

Requests for Information: Broadcasts as to how many cabs are t into each zone and stand as well as how many fares are waiting in 1

zone and stand are sent to each taxi every minute. Drivers may quL., their current queue position every two (2) minutes.

Accepting a Fare: Upon accepting a fare or bid, drivers shall automatically be removed from the zone and stand (if applicable) queues. Drivers must re-book into a zone to be eligible for another fare.

Passing a Fare: Drivers shall not refuse fares by accepting them and then passing them on to another party. Only the driver who is dispatched is allowed to convey the fare. Both drivers in contravention of this article shall be subject to progressive discipline. GPS data may be used to verify any contravention of this article.

Refusing Fares: Once a fare has been accepted, a fare may not be refused, returned or covered. Should a driver be unable or unwilling to go on any fare for any reason once it has been accepted, he must immediately (within three (3) minutes) inform the dispatcher after which he shall be suspended from the dispatch system for one (1) hour and the fare shall be re-dispatched. Drivers requesting to have their fare covered after three (3) minutes shall be subject to progressive discipline. Should a driver not inform the dispatcher and simply not go on the call, discipline for late arrival shall apply.

Drivers must wait a minimum of two (2) minutes prior to booking into a zone or stand after accepting a fare.

Out of Car: Drivers wishing to "hold" their position in the line-up(s) while they go out of their car may do so by booking 999. When they wish to return to the line-up, they may do so by booking 998. Out of car will automatically be cancelled if the vehicle moves, or if thirty (30) minutes have elapsed. Drivers may only use this feature once ever sixty (60) minutes.

ARTICLE 24: TIME ALLOWANCE

24.01 Once a fare has been accepted from the dispatcher, the driver:

(a) has ten (10) MINUTES to arrive for the fare or,

(b) will be informed of the applicable time allowance if it is different from the time normally allowed,

(c) no discipline will be imposed if the driver arrives to pickup his fare within fifteen (15) minutes.


24.02 (a) Except during extreme weather or road conditions, lead time allowances for the following locations are:

24.03

24.04

24.05

24.06

24.07

LOCATIONS AND TIMES TO BE DISCUSSED

Location

Almonte Aylmer Barrhaven Burrits Rapids Carp Constance Bay Corkery Downtown (*) Dunrobin Fitzroy Gatineau (*) East of Bronson

Time Location

35 Greely 30 Kinburn 15 Manotick 40 Marathon 25 Metcalfe 30 Munster Hamlet 30 North Gower 15 Orleans 30 Osgoode 40 Richmond 30 Vernon

Embrun

35 30 20 25 40 25 30 20 35 20 40 40

A time-call is a request for service ordered in advance by a customer. It may be placed for one or numerous occasions. Time-calls shall be recorded and kept up-to-date with all relevant information by the dispatch office staff.

All time calls will be dispatched at least fifteen (15) minutes in advance of the call or as applicable in article 24.02. Drivers receiving time calls will be notified of the requested arrival time.

Time-calls originating at one location but requiring more than one taxi for any reason will be dispatched as separate time-calls for each taxi required.

Late Arrival: Drivers concerned that they may be late arriving for a fare that they have already accepted should notify the dispatcher of the problem before their time allowance has run out. Advising dispatch does not exempt drivers from progressive discipline for late arrival.

Drivers arriving at their fare before their customer is ready must allow the customer five (5) MINUTES to enter the taxi before turning on their meter. In the case of a time-call, the customer is allowed a minimum of five (5) minutes after the time the call is due.


25.01

25.02

25.03

25.04

25.05

25.06

ARTICLE 25: ACCOUNTABILITY

It is the drivers' responsibility to pick up the correct fare.

Where appropriate, the customer shall be asked to reveal their name before entering the taxi.

Stealing a Fare: Drivers must ensure that they do not pick up another driver's fare.

PICKING UP THE WRONG FARE: Drivers are responsible for picking up the correct fare when dispatched to a location where there has been more than one taxi sent or there is more than one customer waiting for a taxi.

PICKING UP THE WRONG FARE: Drivers are not to pick up another driver's fare if their own fare gets cancelled.

Drivers shall not disconnect their GPS antenna for any reason. Doing so will be recorded in the computer's logs and will be used as evidence of attempting to circumvent the procedures outlined in this collective agreement.

ARTICLE 26: NO-LOADS

26.01 A driver must request to book a no-load from the dispatcher.

26.02 A no-load booked by a driver indicates to the dispatcher that the fare the driver was sent on has not yet appeared five (5) minutes after the time of the driver's arrival.

26.03 Drivers must make every reasonable effort to locate their fare prior to booking a no-load. This includes getting out of their taxi and knocking on doors or entering businesses if it is appropriate and safe to do so.

26.04 Where applicable, drivers who have no-loads will be given the next fare available in the appropriate zone.

26.05 False No-Load: Drivers are not to book false no-loads. Drivers contravening this article will be subject to progressive discipline. GPS data may be used to confirm the validity of a no-load.

26.06 In cases of multiple no-load situations, drivers will be dispatched their fares in the same order as the no-load fares were originally dispatched.

26.07 In the case where a driver has accepted a fare and re-booked prior to arriving at the pick up address, he will not be eligible for a no-show,


however he still must report to the dispatcher that the customer could not be found.

26.08 A driver shall not be given a no-load if he requests one after five (5) minutes plus the lead time for the zone. Eg. A driver will not be given a no load after twenty (20) minutes if he is in a zone with a fifteen (15) minute lead time.

27.01

(a)

(b)

(c)

ARTICLE 27: AREA OF SERVICE

The Company and the union agree that the geographic locations of the zones shall be outlined in Appendix II, and attached to this agreement. Where either:

a change to a municipal, provincial or federal law, licensing requirement, or enforcement practice, and/or

an order by an arbitrator, and/or

any member of the family owning or controlling the Company, is confronted with unreasonable financial hardship as the result of attempts to defend itself against conflicts associated with the processes as described in subsections a) and b) of this article and thereby affects the

----- - ---Company's ability to operate under the zone boundaries as described in Appendix II, the Company may change its dispatch procedures to comply with such law, requirement, practice and/or order, or accommodate the financial hardship. The Company will discuss these changes with the Union prior to implementation. The Company will take all reasonable steps to prevent the loss of zones.

27.02 When there are no cars booked in the zone in which there is a call waiting, the first car in the back up zone (if applicable) shall be sent or the closest available car based on GPS position.

ARTICLE 28: TAXI CONCESSIONS

28.01 Company taxi concession is a parking area reserved exclusively for the Company. Drivers should familiarize themselves with the location of all Company taxi concessions.

28.02 Drivers shall not leave their taxis unattended at a taxi concession. Any taxi that is parked, or becomes, first at a taxi concession and is not available for service due to the driver's absence, will be deemed to become the last taxi in the queue at the concession and the driver must


)

28.03

28.04

28.05

28.06

28.07

28.08

1)

2)

3)

4)

5)

re-book (if applicable}. Should a driver disregard this rule and leave thel, taxi unattended at a hospital concession for longer than ten (10) minute!i, he should be suspended for twenty-four (24) hours.

Drivers must book into the queue of the taxi stand on their MDT when their taxi is physically located at the stand. All fares originating at, or dispatched through the taxi concession will be dispatched, with priority given to the first car booked in the concession line up. Drivers failing to book at a concession, will not be given priority for fares at, or dispatched through, the concession.

Drivers may not be booked at a taxi concession unless they are also booked in a zone.

Taxis driving away from a taxi stand will automatically be removed from the stand's line up.

The following are not permitted at taxi concessions. Drivers found to be in contravention of this article will be subject to progressive discipline with a 24 hour suspension for the first offence.

littering or emptying ashtrays on the ground

blowing of horns

performing any mechanical repairs other than changing a flat tire or other repairs necessary to remove the vehicle

arguing, fighting or creating any type of disturbance

loitering in hotel lobbies or buildings at a concession

Fares originating at the Ottawa Airport may be served according to Company policy regarding the provision of back-up service to the airport fleet. The policy is attached as Appendix Ill.

The Company shall work to acquire new business and concessions including but not limited to:

1. 2. 3. 4. 5. 6. 7. 8.

College Square Centrum Plaza Baseline Walmart Merivale Loblaws Merivale/Meadowlands RioCan Barrhaven Comfort Inn Country Inn


\ ,,J

The Company will create the following sub-zoness on the computer system:

1. 802 Marketplace 2. 901 Lincoln Fields 3. 1001 Carlingwood Shopping Centre

ARTICLE 29: TERM OF AGREEMENT

29.01 This Agreement shall take effect on October 10, 2012, and shall be binding on both parties until, October 9, 2015, and shall continue for annual periods of one (1) year each, unless either party gives at least ninety (90) days notice that it wishes to amend this Agreement.

ARTICLE 30: LOCAL CALLS

30.01 Local calls are dispatched to the first car in the queue of the taxi stand (if applicable). If there are no cars in the stand's queue, or if the local call is not dispatched through a taxi stand, it shall be dispatched to the first car in the zone's queue, or in the case of an empty zone, the closest available taxi as determined by GPS.

30.02

(a) (b) (c) (d)

(e) (f)

(g) (h)

(i)

(j)

Drivers running Company dispatched local calls will have twenty (20) minutes to retain their queue position. Drivers shall be returned to their queue position automatically after twenty (20) minutes or after indicating they are clear of their local call.

A local call is from:

College Square; Superstore plaza including Food Basics; Merivale Place; Meadowlands Independent Grocer or all entrances of Merivale Mall with priority to first taxi at Merivale Place taxi stand (bus shelter closest to Meadowlands Drive; Hazeldean Mall, Centrum Plaza, Kanata Town Centre; Barrhaven Mall, Barrhaven Crossing, Strandherd Plaza, Fallowfield Station; Loblaws Plaza Bells Corners; A fare from the Metro Bells Corners with priority given to the first car parked at the Loblaws Bells Corners stand; Metro IGA (Van Leeuwen), Loblaws (700 Eagleson) with priority to first taxi at the Hazeldean Mall taxi stand; The Scotiabank Place on non-event nights with priority given to the first car parked at the Comfort Inn;


\ I

(k) Metro March Rd. with priority given to the first car parked at the Wal-Mart taxi stand;

(I} Any major grocery store or Walmart not already listed in this article; (m) A fare temporarily designated by the office to accommodate a customer

(dispatchers can provide list of eligible clients). (n) Silver Dollar (o) St. Laurent Shopping Centre (p) Travelodge Hotel, Carling

30.03 The following fares shall be broadcast as messages over the computer dispatch to the fleet at large and serviced on a first come first served basis. Drivers must send the proper code to indicate they have picked up the fare

(a) 59 Camelot, 100 & 130 Colonnade (b) All bus and transit stations (c) 2932, 2934, 2936 Baseline (d) Grace O'Malley's (e) Kanata hotels on event nights at Scotiabank Place between the hours of 5

p.m. and 12 midnight . (f) All open taxi concessions .:-;Metl'1t:> (g) All downtown hotels unless the customer is known to be paying by }'"'

Westway taxi chit. (h) CE Centre, Billings Bridge, Trembley Rd. Via Station (not ace van or

known account calls), Wellington Gastropub, Prescott Hotel, Carleton Tavern

(i) The General Hospital between the hours of 10 p.m. and 5 a.m. (j) Thursday, Friday and Saturday after 10 p.m.: Tailgater, Local Heroes

(Bells Corners), Greenfield, Broken Cue, Baseline Station Bar, Royal Oak.

ARTICLE 31: BIDS & ATTRIBUTES

31.01 Bids are fares which are dispatched to drivers or vehicles which must meet certain criteria. These must match attributes associated with either the driver's profile, or the vehicle's profile. Bids are also offered in the case where there are no taxis available to service a fare.

31.02 The following situations shall be dispatched to the first car in the queue of the zone where the bid originates, who has the appropriate matching attributes. Drivers receiving the following fares will be removed from their position in the queue:

(a) Boosts (b} Van or Station Wagon (c) No-Van (d) Pets (excluding guide dogs)


l j

(e) Bars (f) Moving jobs (includes bicycles) (g) Non pre-pay deliveries (h) Scent free vehicle (i) Para fares

31.03 The following bid fares will be dispatched to the first car responding to the bid offering after it is displayed on their MDT:

(a) Fares waiting in a zone with no taxis and no close cars (GPS)

(b) Special situations

31.04 Where a fare is known to involve a medical or safety emergency the fare shall be dispatched to the closest car, otherwise the fare will be dispatched following appropriate dispatch policy, as contained within this Collective Agreement.

31.05 The Company shall have a call taker and a dispatcher at the dispatch centre for Sunday to Wednesday between 2:00 a.m. and 6:00 a.m. and Thursday to Saturday between 4:00 a.m. and 6:00 a.m.

ARTICLE 32: SPECIAL SITUATIONS

32.01 The Company will not accept requests for specific drivers.

32.02 Drivers will be notified if a fare received, was taken in support of another taxi company.

32.03 Where a power failure, radio interference or any disturbance renders the radio dispatch system inoperable for an uninterrupted period of at least five (5) minutes and for as long as the system remains inoperable, dispatchers may relay fares via the Company's telephone system to those drivers phoning the office on a first come first serve basis. Where it is possible for dispatchers to transmit but not to receive communications over the airwaves management will announce its inability to operate over the radio dispatch system prior to relay via telephone. Management shall not be held responsible for malfunctions or delays in repair beyond its control. Management will operate and maintain its current backup radio system.

32.04 The parties agree that upon conversion to a computerized dispatch system, the Company shall be held harmless for any disruption in dispatch service arising from, but not limited to, any malfunction or crash of any


32.05

32.06

aspect of the computer dispatch system for the first 120 days after implementation.

In the event of a failure or malfunction of the computer dispatch system or if a power failure renders the computer dispatch inoperable, the dispatch of fares shall continue on voice until such time as the system has been reinstated.

In the event that the main frame computer crashes, dispatch service will revert to voice. Should the Company be unable to restore the original booking order of the drivers working at the time of the crash, the Company agrees to pay to the Union an amount of ten dollars ($10.00) per car booked at the time of the crash to a maximum of fifteen hundred dollars ($1500.00) per month. This article does not apply to power failure or fire.

This clause shall take effect 120 days from the implementation of the computer system.

In case of an organized shut down of the computer dispatch system for preventative maintenance, the above amount shall not be payable. This shall be limited to once each month and the Company agrees to notify the Union and the employees of the time and date of any organized shut down. The Company shall use its best efforts to have the shut down during non peak hours.

ARTICLE 33: DISPATCH SERVICES

33.01 Subject to article 32.03:

(a) the Company shall ensure equal and just distribution of all calls or trips.

(b} dispatchers, phone staff and supervisors shall not dispatch any call or trip to any driver or on behalf of any driver by means of a pager or another similar communications device including but not limited to telephones.

33.02 Dispatchers and call-takers will perform their duties in a professional and businesslike manner. Dispatchers shall not use profanity over the airwaves.

33.03 The only messages which will be passed to drivers are, to call home (family}, the office, the Union, or any recognized professional (doctor, lawyer etc.). Dispatchers will not pass messages to drivers if they involve phone numbers or addresses.

33.04 Dispatchers will not hold fares back from being dispatched.


33.05 Barring anticipated delays due to road or weather conditions, response I times given to customers by dispatchers and call-takers will be the same

as the time allowance given the driver for the zone of the fare.

33.06 Drivers are not allowed in the dispatch office unless it is with the accompaniment of management, or for the purpose of working or training in the office. Drivers in violation of this clause will first be given a warning and be suspended twenty four (24) hours for each occurrence thereafter.

33.07 Dispatchers will not pass fares accepted from a customer to another Company if the fare is within the Company's area of service.

33.08 The Company agrees that a taxi telephone number, including 727- 0101 as long as it is available, shall be used , offered or advertised, solely for the dispatch of taxicabs operating under the West-Way roof sign.

33.09 The Company shall provide and maintain its current twenty four (24) hour video monitoring system of the dispatch office. The Company shall not be held responsible for taping omissions due to power failure or serious technical malfunctions. It is understood that the video system will have the time and date of all recordings within ninety (90) days.

33.10 All conversations between dispatchers and call takers with drivers and customers must be recorded. Such recording should be kept for a minimum of thirty (30) days.

33.11 The Company shall ensure that dispatchers, phone staff and supervisors shall not accept money or other forms of favour or inducement, either directly or indirectly from any person where the objective of such payment or favour is granting of preferential treatment to any individual in respect to dispatch service.

33.12 The company shall ensure that dispatchers, phone staff or supervisors shall not hold themselves out as amenable to the receipt of money, favour or other inducements for the purpose of granting preferential treatment to any individual in respect to dispatch service.

Violation or articles 33.11 and 33.12 shall result as per article 37.12, automatic dismissal from all duties performed for the company.

33.13 If a Company employee (call taker or dispatcher) is proven to have made a mistake by dispatching two (2) cars instead of one (1) car or dispatching a driver to a wrong address, the company shall pay the following to the affected driver or customer:

) (a) If the call is in a zone where the lead time is ten (10) minutes, the Company normally will pay fifteen dollars ($15.00) to the driver;


(b) If the call is in a zone where the lead time is fifteen (15) minutes, the Company normally will pay twenty dollars ($20.00) to the driver;

(c) If the call is in a zone where the lead time is twenty (20) minutes, the Company normally will pay twenty-five dollars ($25.00) to the driver;

(d) If the call is in a zone where the lead time is twenty-five (25) minutes or more, the Company normally will pay thirty dollars ($30.00) to the driver.

34.01

34.02

34.03

34.04

ARTICLE 34: COMMITTEES

A union management committee shall be appointed consisting of up to four (4) representatives from the union and up to four (4) representatives from the Company. This committee shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern.

A safety committee consisting of at least two (2) representatives of the union and two (2) representatives of the Company shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of discussing matters of mutual concern. Minutes will be kept of each meeting.

A rules committee consisting of up to four (4) representatives of the union and of up to four (4) representatives of the Company shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days for the purpose of negotiating changes to existing rules and for discussing any new rules prior to their implementation.

An advertising committee consisting of at least two (2) representatives of the Union and two (2) representatives of the Company shall meet at a mutually agreeable time frame upon the request of either party within thirty (30) days of ratification for the purpose of discussing matters of mutual concern relating to advertising, concessions and promotion of the Company. Minutes will be kept of each meeting.

ARTICLE 35: SAFETY AND HEAL TH

35.01 It is understood and agreed that driver safety is important to the individual driver and to the industry as a whole. The Company and drivers agree to exercise their rights and to fulfill their obligations in accordance with this understanding.


\ /

35.02 The Company shall supply only safe and roadworthy vehicles and the equipment contained therein and the vehicles themselves shall be maintained in good working order. Each rental vehicle shall meet the mechanical fitness standards as defined in provincial legislation.

35.03 Where a TRD returns a rental vehicle that is in need of repair, the TRD shall be supplied with another licensed rental vehicle if one is available. This does not mean making a vehicle available by displacing a junior driver. The TRD will be returned to his original rental vehicle if and when it is repaired.

36.01

36.02

36.03

36.04

36.05

36.06

36.07

36.08

ARTICLE 36: SPECIAL SERVICES

The Company may set standard rates, at a minimum of the meter rate, from time to time. The dispatcher will inform the driver of the standard rate when one applies. Drivers may review the standard rates upon request, at the Company Office.

The service of car boosting is optional to the driver. The current rate for providing such a service is twenty-five dollars ($25.00).

Deliveries that require pre-payment by the driver of the item to be delivered are optional for drivers to accept. These fares will be dispatched as bids to the appropriate zone.

Should a driver arrive for a dispatched fare and discover that the customer has not informed the office that they have a pet then that driver may choose to inform the dispatcher of such pet and refuse the fare only if their profile indicates they do not accept pets. If the driver refuses the fare then he will be dispatched the next eligible fare in the zone in which he was booked.

For purposes of fare-type designation, deliveries are deemed to originate from the point of pick-up.

Deliveries that do not require a pre-payment by the driver are metered only. They are not optional for the driver to refuse.

The current rate for delivery service is twelve dollars ($12.00) or the meter rate, whichever is greater.

Dispatch procedure for pre-payment delivery service is:

1 (a) If the fare is in a zone where there is an available location for pick-up then the first eligible taxi in that zone will be sent.


' '

1 (b) If there is not an eligible taxi available in the zone then the fare will be offered as a Bl D to the fleet with eligible taxis given priority for the fare.

2(a) If the fare is in a zone where there is not an available location for pick-up then the fare will be covered by following procedure 1 b) of this clause.

36.09 Moving jobs are to be priced between the customer and the driver should the driver elect to accept the fare.

36.10 Customers may pay with taxi vouchers rather than cash. The dispatchers can supply information regarding vouchers that are accepted by the Company.

36.11 If a customer says he has an account but does not have a voucher, or if a voucher is presented that is questionable then the driver should ask the dispatcher for authorization before accepting any form of payment other than cash. If authorization is given, then all relevant information provided by the dispatcher must be taken down on the receipt card including the client's name, company, phone number and pick up and drop off information. Failure to provide this information may result in the receipt being refused by the Company.

36.12 If we the Company is aware that a customer wishes to pay by cheque, the driver has the option to accept or refuse the fare. If accepted the cheque must be written out to the driver, not to the Company.

36.13 Authorization numbers must be received from the dispatcher for any credit card charge over fifty dollars ($50.00) and any MasterCard charge while on voice dispatch. All credit cards must be authorized under computerized dispatch.

36.14 Should the Company be successful in procuring the former Para Transpo transportation contract, all rules and requirements must be met and adhered to, by the Company, and all drivers, in accordance with this Collective Agreement, and the contract with the City of Ottawa on Para Transpo.

All authorized drivers are responsible to comply, at a minimum, with the requirements set out in the City of Ottawa's RFP for providing Para service.

36.15 Subject to article 36.17, requests for accessible vans will be dispatched as per the rules for regular fares with the exception that only accessible vehicles will be eligible to receive or bid on the call.

36.16 As per the City of Ottawa By-Law, all accessible trips must be serviced regardless of the pick up location. The dispatch procedure will be as


follows should an accessible fare be waiting for longer than five (5) minutes without being accepted by an accessible van:

(a) A general message will be sent indicating the need for an accessible van, and the general area of pick up.

37.01

37.02(a)

(b)

(i) If the fare is not accepted, the fare will be sent to each accessible vehicle booked in order of their proximity to the fare. The fare offer will be preceded by the message "Accessible fare - you must accept".

(ii) Should a driver either not answer or reject the fare offered to him, he shall be suspended from the dispatch system for one (1) hour.

ARTICLE 37: DISCIPLINE AND DISCHARGE

No driver shall be disciplined or discharged without just cause.

The Company shall provide the driver, in writing, at the time discipline is imposed, and the Union with written notices(s) of any discipline or discharge within fourteen (14) days of the occurrence - not including statutory holidays, or the penalty shall be null and void. Notification to the Union steward that a copy of the written notice is available for pick-up shall be deemed sufficient provision of notice by the Company.

The Company shall provide the driver and the Union written notice of any discipline taken within thirty (30) days of the incident giving rise to the discipline of the penalty will be null and void. This does not apply to credit/debit or taxi chit related complaints.

By mutual agreement of the parties, a minimum of one (1) day per week, unless otherwise rescheduled, shall be scheduled by the parties for the purpose of investigating complaints or allegations which may result in discipline to a driver. A shop steward or Union representative shall be in attendance. Notwithstanding the foregoing, the Company may initiate an investigation at any time if it deems the issue to be of a serious nature. Should the investigation involve an interview of a driver, the driver shall be entitled to Union representation.

37.03 Discipline shall be applied uniformly, and disciplinary measures shall be appropriate to their cause and subject to the principle of progressive discipline.


' 37.04 A grievance concerning a discharge of an driver shall commence at step 2

' of the grievance procedure within six (6) working days of the event. Such grievance may be settled by:

(a) Confirming the action of the Company;

(b) Reinstating the driver with no loss of seniority and/or with compensation as may be determined by the parties;

(c) By any other arrangement which may be deemed just and equitable and agreed to by both parties;

(d) By proceeding to arbitration.

37.05 Drivers shall have the right to have union representation in meetings with the Company. If a union representative is not available for a scheduled meeting between the Company and that driver the meeting will be rescheduled to a mutually acceptable date and time that is within forty eight (48) hrs of the originally scheduled meeting.

37.06 Disciplinary action and adverse reports shall only remain on the driver's file for a period of twenty four (24) months from the date of the offence after which time they will not be used against him in any proceedings.

\ ' 37.07 A driver suspended for forty eight (48) hours or less shall remain j

responsible for the upkeep of the taxi. Where a driver is suspended for a period in excess of forty eight (48) hours, the TRD shall leave his taxi and the SPR and/or SPO shall leave all equipment which belongs to the Company at the Company office.

37.08 The Company may discipline a driver who contravenes Company policy or this agreement even if that driver is working while under suspension when the contravention occurs.

37.09 A suspended driver shall not be entitled to operate on any Company taxi stand while under suspension.

37.10 Drivers under suspension are not eligible to call for bid fares.

37.11 When the discipline of a shift driver results in suspension then that suspension will not exceed:

(a) 12 hours for a suspension of twenty four (24) hours;

(b) 2 of the driver's consecutive twelve (12) hour shifts for a suspension of forty eight (48) hours.

}


)

37.12

37.13

37.14

37.15

37.16

Any dispatch office staff member bypassing the dispatch system in dispatching fares or trips preferentially will result in immediate termination of both the driver and the dispatch/office staff.

Discipline shall be cumulative and not served concurrently when a driver is being suspended for more than one offence at the same time.

Any driver having received 5 or more legitimate customer complaints in any 6 month period will be dismissed. Investigation into the complaints will be done jointly between the Company and Union.

Drivers found to have threatened or harassed customers shall be subject to progressive discipline with a 72 hour suspension for the first offence. Investigation into the complaints will be done jointly between the Company and Union.

Drivers or Company staff found to be threatening to one another will be subject to progressive discipline up to and including dismissal.

ARTICLE 38: NON-COMPETITION

38.01 Drivers shall not operate a competing taxi service while working at the Company.

38.02 Drivers shall not:

(a) promote their own taxi services through the distribution of personalized business cards or any promotional material.

(b) monopolize, manage, supervise, dominate, or cause to control the provision of taxi services for any account utilizing the Company's taxi chits.

(c) monopolize, manage, supervise, dominate, or cause to control the provision of taxi services at a Company taxi concession or direct line location.

(d) assist other drivers in the promotion or monopolization of taxi services as defined under subsections a), b) and c) of this section.

(e) reserve fares already pre-arranged with the office.

(f) pass fares received from the Company to any other Westway driver.

38.03 Contravening Non-Competition:


Only the customer who places a call with the Company may cancel that call (whether the call is a time-call or not). Such cancellation must be received by the Company from the customer. Drivers may not cancel calls on the customer's behalf.

38.04 The following discipline will apply to drivers contravening articles 38.01, 38.02, and 38.03:

First offense: Second offense: Third offense:

Four (4) week suspension Eight (8) week suspension Termination

For purposes of this article, a driver shall be considered in breach of this article whether he has a roof sign on or not, or whether he has a taxi plate on his vehicle or not.

38.05 One union designated representative shall have access during Company business hours to review the Company's taxi chits, for purposes of investigating compliance with article 38.02. The review shall be at a mutually agreed upon time. Such review may take place no more than twice per month. This article shall not in any way interfere with the Company's ability to return chits to its clients without interference from the Union.

38.06 If it is proven that a driver transfers a Westway Nepean taxi fare to another driver operating under a different roof sign, the offending driver shall be terminated from his employment immediately.

ARTICLE 39: GRIEVANCE PROCEDURE

39.01 It is the mutual desire of the parties hereto that complaints of the drivers be adjusted as quickly as possible. To that end, the parties have adopted the following grievance procedure.

39.02 A grievance may arise from a dispute concerning the interpretation, application, administration or alleged violation of this agreement.

39.03 Subject to the provisions of any other Article in this Agreement, a driver may grieve any matter covered directly or indirectly by this Agreement.

39.04 Should a group grievance or a union or policy grievance develop it shall be filed at Step 1.

39.05 A grievance is defined as an alleged violation or misinterpretation of the Collective Agreement. Grievances shall be settled in the following manner and all time limits specified in this Article shall be mandatory and if not


) ,j

adhered to will render the grievance null and void, and the time limits may only be extended by mutual consent of the parties:

(a) STEP 1: If a driver has a complaint, he must within ten (10) working days from the occurrence or from his knowledge of the occurrence giving rise to the complaint, bring the complaint to his supeNisor's attention, who will respond to the complaint within five (5) working days.

(b} STEP 2: If the complaint is not adjusted to the driver's satisfaction, he may file a written grievance, and provide a copy to his supeNisor, within ten (10) working days of his supeNisor's response in (a) above. The grievance shall be submitted in writing and a meeting shall be arranged between the griever and the representative of the Company within thirty (30) working days from the date of submission.

39.06 Failing settlement under the above of any differences concerning the interpretation, administration, application or alleged violation of this agreement, the matter in dispute may be taken to arbitration as hereinafter provided.

39.07 Drivers employed by SPO's and SPR's may not grieve matters or disputes arising between the replacement driver and the SPO or SPR.

39.08 For purposes of article 39, a working day shall be defined as not including a weekend or statutory holiday.

39.10(a) A driver shall be notified at least twenty-four (24) hours in advance of his being required to attend a management/union discipline meeting. If the driver provides a legitimate reason at the time of booking the meeting that he cannot attend, he will be scheduled to attend the next meeting the following week.

40.01

(b) Should a driver not show up for a scheduled meeting, he will be given notice by the Union that he must attend the discipline meeting the following week.

(c) Should a driver not show up for a scheduled meeting two (2) weeks in a row, the meeting will be conducted in his absence, and the Union and management will determine the appropriate discipline, if any, in his absence.

ARTICLE 40: ARBITRATION

Any grievance that goes to arbitration shall be heard before a single arbitrator. Within fourteen (14} calendar days after notice has been given


that the grievance will proceed to arbitration, the parties shall meet and agree on a single arbitrator.

40.02 If the parties cannot agree on an arbitrator within the above-mentioned fourteen (14) calendar days, either party will request the Provincial Minister of Labour to appoint an arbitrator and this appointment shall be binding on both parties.

40.03 The arbitrator is to be governed by the following provisions:

(a) The arbitrator shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the parties and the drivers to this agreement.

(b) The arbitrator shall determine his own procedure but shall give full opportunity to all parties to present evidence and make representations.

(c) The arbitrator shall not have the power to amend or to alter any of the provisions of this agreement.

(d) The parties and the arbitrator shall have access to the Company's premises to view working conditions, machinery, vehicles and equipment and/or operations which may be relevant to the solution of the grievance.

(e) The arbitrator shall have the power to amend a grievance, modify penalties, and relieve against non-compliance with time limits or any other technicality or irregularity.

(f) The arbitrator shall have.jurisdiction to determine whether a grievance is arbitral.

(g) The arbitrator shall determine the real issue in dispute according to the merits and shall make whatever disposition he deems just and equitable.

(h) The costs of the arbitrator shall be borne equally.

ARTICLE 41: CHARGE ACCOUNTS

41.01 Accepted credit card vouchers presented to the Company in the amount of fifty dollars ($50.00) or more must be authorized while under voice dispatch, and all credit card vouchers under computerized dispatch. All credit card and debit card vouchers presented to the Company, must be approved and have a valid authorization number as per current agreement.


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41.02

41.03

41.04

41.04

41.05

It is the responsibility of all drivers to check that the client's signature matches that of the credit card. Drivers must also check photo ID (v. .... matching name) for all amounts over $75.00. The Company shall not be held responsible for drivers who have accepted fraudulent cards even if the card has been authorized.

Company issued taxi vouchers stamped MAXIMUM $XX.XX will be redeemed for the amount entered by the customer onto the voucher, but not in excess of the maximum value stamped.

Company issued taxi vouchers stamped PREPAID $XX.XX are the equivalent of cash when presented by a customer. Change must be returned to the customer if the voucher is filled out for less than its face value. The Company will redeem these vouchers for the amount stamped.

The Company shall advertise its taxi services for a minimum amount of thirty thousand dollars ($30,000.00) in each year of this Agreement. Members of the bargaining unit and the Company shall jointly determine the means of advertising.

Drivers are not to buy Company charges from non West-Way drivers. These charges will not be redeemed by the company, and the driver will receive a warning for the first offence, and a twenty four (24) hour suspension for each subsequent offence.

ARTICLE 42: INSURANCE

42.01 Single plate owners and renters have the right to obtain insurance from the broker or company of their choice.

42.03 Drivers are responsible for the replacement of lost or stolen roof signs and antennas.

42.04 As per the Insurance Act, applicable benefits under Bill 164, are payable as soon as possible. All necessary documentation including but not limited to police and medical reports, where required, must be received by the adjuster before benefits may begin. TRD's will not be responsible for rental fees while receiving accident benefits.

42.05 The Company shall pay the full contribution to the UIC premiums for all TRD's for the duration of this agreement. Where there is an increase in the premiums TRDs will be responsible for payment of their share of the increase.


43.01

ARTICLE 43: TAXI PLATE LEASES

In the case of a taxi plate presently on a car being rented by the Company, the Company agrees that should said plate be available for lease, the TRD(s) presently operating on that car, would have the right of first refusal.

Should these driver(s) refuse, the plate shall be offered to drivers in the bargaining unit and leased out to the most senior applicant.

43.02 Leasing agreements may be entered into, provided they do not conflict with the terms of this Agreement.

43.03 (a) The Company shall not add any additional plates or additional drivers during the summer period of June, July and August.

Clarity Note: This does not prohibit the replacing of an existing driver with a new driver so long as the total number of drivers on a taxi does not increase. Eg. It is permitted for a second driver on a taxi to leave during the summer period and to be replaced with a new second driver; however a second driver may not be added during the summer period if there was only one driver on the taxi as of June 151

•

(b) Should the Company wish to add more plates during the summer period, the total number of plates to be added must be agreed upon by the Union membership before the plates are added to the fleet.

43.04 In the event that the Company chooses to sell a plate:

(a) it will first offer the plate to any Company lessee, in order of seniority;

(b) it will then offer the plate to the most junior lessee;

(c) it will then offer it to all members of the bargaining unit;

(d) if the members of the bargaining unit are not interested in purchasing the plate, the Company may offer it for sale to anyone;

(e) in the event that a plate is sold to someone who is not the current lessee of the plate, the plate that will be sold will be that of the most junior lessee. Should the sale result in the displacement of the lessee, the Company agrees that he will be compensated in a lump sum amount of seventy thousand dollars ($70,000). The junior lessee shall be free to complete one full year of work at the Company from the first day of work with the existing lease.


. )

(f) The Company agrees that upon the death of the lessee, the spouse/estate has up to three (3) months to dispose of the lease. Plate rent is to be paid as per Article 13.

In addition, the Company agrees to allow any lessee to dispose of his lease in the same manner as described above in the following circumstance:

1. Loss of Provincial driver's license

2. Loss of taxi license

3. Loss of insurance - or unable to obtain an insurance policy

4. Discharged from Westway Taxi with cause

43.05 The parties agree to the following plate lease transfer administration fee:

$4,000.00 per transfer

43.06 The maximum number of additional accessible taxis to be added to the fleet shall not exceed 10 taxicabs during the first year of the agreement, 1 O the second year, and 5 during the third year of the agreement. Should the company and the union agree, these numbers may be adjusted upwards as a result of the company acquiring new business, It's also . agreed that West-Way drivers will have priority to bring their plates to the company when they acquire a taxi plate. Notwithstanding the foregoing, where the Company acquires another Taxi Company whose fleet includes accessible vehicles, the above-noted numbers would be increased by the number of accessible plates operating at the acquired Company at the time of the acquisition so long as all phone numbers, accounts, and taxi concessions, associated with that Company become part of the Westway Taxi business.

43.07 The Lessee of a Company plate must be the primary driver of the taxi associated with that plate. Primary driver shall be defined as the person working at least fifty percent (50%) of the time on said plate. Should the lessee no longer become the primary driver, a lease transfer will be initiated within six (6) months, and the applicable transfer fee must be paid to the Company prior to that plate being supplied with dispatch service.

43.08 No single plate owner [SPO] or single plate lessee [SPL] shall have control of another plate, through a lease, during the life of this Agreement. In the event that a single plate lessee [SPL] buys a plate, as a condition of continued employment, he shall forfeit the leased plate in accordance with this article .


43.09 Any individual owning or controlling two (2) or more taxi plates or taxicabs shall be deemed to be a member of the Fleet Owners and bound by the provisions of this Collective Agreement. List of all fleet owners should be attached to the back of this collective agreement.

43.10 The Company agrees that the number of Ottawa Licenses Taxicabs operating under the West-Way roof sign shall not exceed one hundred and seventy-five (175) for the duration of the agreement. This number may be increased by a mutually agreed upon number between the Company and the Union.

ARTICLE 45: SENIORITY

45.01 The Company shall formulate a seniority list of its drivers working as TRDs and SPRs with Company owned plates and SPOs, based on their length of continuous service.

(a) All challenges to the list must be made known to the Company and the Union within forty-five ( 45) days beginning with the first day of posting. The parties shall hold meeting(s) within thirty (30) days after the expiration of the above noted forty five (45) day period to resolve the challenges.

(b) An absence of sixty (60) days or less in any one (1) year shall not result in a loss of seniority .

. (c) The parties shall use the City of Ottawa's records if available to assist in resolving challenges.

45.02 Seniority shall be applied in determining time off, and lay offs and recall from lay off, except where specified herein, and as set out in this agreement.

45.03 A newly hired driver shall be required to present to the Company all relevant documentation prior to commencing work with the Company, namely:

(a) Valid Ontario or other proper provincial driver's license.

(b) Applicable Taxi Driver's License and Taxicab Training Program graduation certificate.

(c) Motor vehicle drivers abstract.

(d) Letter from previous or present insurer where possible.

(e) Work permit if applicable.


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45.04

45.05

45.06

45.07

(f) Social Insurance number.

(g) Proof of Union membership

(a)

(b)

(c)

(d)

Laid off drivers shall be recalled with priority over all others. Their seniority shall be used in determining the order of recall.

The Company shall recall laid off drivers in the reverse order of the lay-off.

A driver shall lose seniority:

upon voluntarily quitting or resigning;

upon discharge for just cause and not having been reinstated through the grievance or arbitration procedure;

upon failure to rent an available vehicle, except in the case of time off, approved leave of absence, or absence due to certified medical reasons;

upon being laid off for a period of more than twelve (12) months.

There shall be dovetailing of seniority in the event that there is a change in the licensing authority affecting this agreement.

ARTICLE 46: BEREAVEMENT

46.01 (a) Company agrees to grant drivers in the bargaining unit the necessary time off without rental fees up to a maximum of three (3) days at the time of death of the following relatives of the driver:

Father, Mother, Spouse, Son, Daughter, Brother, Sister, Mother-in-Law, Father-in-Law, and Grandparent

(b) Upon request by the driver, the Company will announce the death of immediate family member through the dispatch system.

ARTICLE 47: TIME OFF

47.01 Time off:

(a) May only be taken in weekly or bi-weekly increments.

(b) Must be taken during the year and cannot be accumulated over more than one year.


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47.02

47.03

47.04

47.05

47.06

(c)

(a)

Shall be scheduled and approved by the Company.

Rental vehicles, roof signs, licenses and all other items belonging to the Company will remain with the Company during a TRDs time off.

Unless otherwise approved by the Company, SPR's will return all rental equipment, including the plate during any time off.

SPO's and SPR's are responsible for arranging vacation leave for their drivers.

As per 47.01c), Time Off may not be requested after the fact. I.E. upon the driver's return.

Unless for credit leave as described within this agreement, any absence by a driver will be considered time off within the following framework:

All TRD's, SPR's and SPO's in their second year of continuous service under the Company roof sign are entitled to four (4) weeks of time off in that year.

(b) The following time off schedule applies in the driver's year for those drivers with more than two (2) years of continuous service under the Company roof sign:

TR D's: SP R's: SPO's:

five (5) weeks of time off six (6) weeks of time off eight (8) weeks of time off

(c) Time off may not be accumulated and passed on from one driver year to the next.

(d) Drivers are only entitled to Time off where they have no balance owing.

47.07 The Company shall grant a leave of absence to drivers requesting to extend time off for overseas trips.

47.08 A driver late returning from a Company approved leave of absence or time off will be deemed to have quit unless the driver:

(a) provides a detailed medical certificate accounting for the delayed return or

(b) at a minimum of seven (7) days prior to the scheduled date of return, communicates to the Company a reasonable explanation for the delay and the anticipated date of return, where known, so long as it does not exceed two (2) months or


. ' I

)

48.01

48.02

48.03

48.04

(c) where it is an unforeseen emergency, communicates the delay as per subsection b) of this Article. The driver in such case will not be bound to that subsection's seven (7) day notice requirement

ARTICLE 48: CREDITS

For purposes of credits, the following definitions apply:

(a) CREDIT: A monetary equivalent passed on to a driver.

(b) RENT-FREE: Use of applicable taxi package, plate or service without fees.

(c) CREDIT SENIORITY: Time period from the date the driver starts to work with the Company as a renter of a taxi or taxi plate, or an SPO driving his own taxi.

(d) CONTINUOUS SERVICE: Twelve (12) successive months working with the Company without unauthorized absence.

(e) DRIVER YEAR: Each year of continuous service from the date the driver started to work at the Company.

Drivers will lose credit seniority with the Company upon:

(a) becoming fleet owners, or

(b) quitting or being discharged from the Company and not being reinstated

Credit(s):

(a) eligible on a daily basis may be applied for on a daily basis.

(b) eligibility will be determined by the driver's status at the time of his request. Drivers may only apply for credits under one status per driver year.

(c) may be exercised by drivers who carry a debt with the Company but only if the debt does not exceed the value of the credit to be exercised.

(d) must be exercised in the driver's year and may not be accumulated and passed from one year to the next.

(e) to SPR's and TRD's of fleet owners are the responsibility of the fleet owner.

The following credit schedule applies to TRD'S:


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, __ )

(a) TRD's having worked less than one (1) year are eligible for any one (1) day rent free.

(b} TRD's having worked more than one (1) year but less than 2 years are eligible for any 2 days rent free.

(c) TRD's having worked more than 2 years but less than 3 years are eligible for any 3 days rent free.

(d) TRD's having worked more than 3 years but less than 4 years are eligible for any 4 days rent free.

(e) TRD's having worked more than 4 years are eligible for any 6 days rent free.

The following credit schedule applies to SPR's:

(a) SPR's having worked more than one (1) year but less than two (2) years are eligible to receive credit for the equivalent of one half (2) of one (1) week's taxi plate rental and dispatch service fees.

(b} SPR's having worked more than two (2) years but less than three (3) years are eligible to receive credit for the equivalent of one (1) week's taxi plate rental and dispatch service fees.

(c) SPR's having worked more than three (3) years but less than four (4) years are eligible to receive credit for the equivalent of one and one half (1 2} of one (1) weeks taxi plate rental and dispatch service fees.

(d} SPR's having worked more than four (4) years are eligible to receive credit for the equivalent of two (2) week's taxi plate rental and dispatch service fees.

The following credit schedule applies to eligible SPO's:

(a) SPO's having worked more than one (1) year but less than two (2) years are eligible to receive credit for the equivalent of one half (2) of one (1) week's dispatch service fee.

(b} SPO's having worked more than two (2) years but less than three (3) years are eligible to receive credit for the equivalent of one (1) week's dispatch service fee.

(c) SPO's having worked more than three (3) years but less than four (4) years are eligible to receive credit for the equivalent of one and one half (1 Y,,) weeks dispatch service fee.


)

(d) SPO's having worked more than four (4) years are eligible to receive credit for the equivalent of two (2) weeks dispatch service fee.

(e) SPR's having worked more than four (4) years are eligible to receive credit for the equivalent of two (2) weeks and half weeks plate rental and dispatch service fees.

ARTICLE 49: SOCIAL JUSTICE FUND

49.01 The Company shall contribute three hundred dollars ($300.00) per year to the CAW Social Justice Fund, payable on the anniversary date of the ratification of this contract.

ARTICLE 50: PAID EDUCATION LEAVE

50.01 The Company agrees to pay into a special fund, two hundred dollars ($200.00) a year for the term of this Agreement for the purpose of providing Paid Education Leave. Said Paid Education Leave will be for the purpose of upgrading the employee skills in all aspects of Trade Union functions. The amount shall be sent to the CAW National Union Office, and sent by the Company to the following address: CAW Paid Education Leave Program, R. R. # 1, Port Elgin, Ontario, NOH 2C5.

51.01

(a)

(b)

(c)

ARTICLE 51: TECHNOLOGICAL CHANGE

In the event of any technological change, the Company agrees to notify the Union, in writing, at least ninety (90) days before the introduction of such changes.

In the event of any technological change to the following:

The method of call-taking, dispatching of fare and GPS functionality;

The permanent alteration of or to any equipment in the taxi vehicle not owned by the Company; and or

Advertising in or on any taxi vehicle not owned by the Company.

The Company agrees such changes will not take effect without the consent of the Union.


)

1:

APPENDIX I: STANDARD RATES

Standard rates may be set by the Company, from time to time. Such rates will reflect at the minimum, the current meter rate. Where a standard rate applies, credit vouchers will only be redeemed by the Company for the standard rate amount. There is an exception for Company authorized waiting time charges where applicable.

APPENDIX II: ZONE BOUNDARIES

See attached maps.

APPENDIX Ill: AIRPORT BACK UP POLICY

COMPANY POLICY HANDBOOK

SUGGESTED SECURITY MEASURES

Drivers are urged to take the following advice offered by the Tridon Company of Burlington, Ontario into consideration:

Of all the strategies mentioned, the most important is your own sense of awareness and control. This will add to your safety and to your professionalism, helping to improve your image, courtesy and self esteem.

A criminal looks for a vulnerable and passive driver who can easily be tricked. He doesn't want to deal with someone who won't be "easy". When a fare enters the cab, don't hesitate to fully look at the person. You should conduct yourself with confidence.

IF YOU ARE CONFRONTED BY A CRIMINAL - GIVE IT UP.

Your life is worth more than one night's (or day's) earnings, or your vehicle. Take your extra money earned during the day and store it at home or any place other than with you.


There are several security procedures that may reduce your vulnerability to crime. These include your instincts, knowledge of the streets and your adherence to safety procedures.

(a) Know the location of police stations, fire stations, gas stations, hotels and other 24 hour establishments to use in case of trouble.

(b} Familiarize yourself with the primary area in which you work and have maps available.

(c) Try not to look or act like your are new on the job. Criminals sometimes look for inexperienced drivers who seem anxious and unsure.

(d} Don't put cash in your shirt pockets. It's too easy for a thief to reach.

(e) Keep your windows closed and doors locked when at stop signs and red lights as thieves sometimes target these particular areas.

(f} If a passenger insists on paying outside of the cab, open the window just enough to receive the cash. Don't be tricked into getting out of the cab.

(g) Keep your trip sheet up to date and out of sight.

(h) Use a windshield length rear view mirror that is attached to the moulding across the windshield. This device will give you a complete view of the passenger area.

(i) When on a break, take all your valuables with you. Don't place them in the trunk where all can see what you have done. It takes just a few seconds to break into a trunk.

(j) Never follow a fare beater into a building.

2: GUIDELINES FOR TAXICAB SERVICE TO SENIORS AND TO THE DISABLED

2.1 PHYSICALLY DISABLED CUSTOMER:

Assistance is often appreciated but should be provided only when it appears necessary or is requested. Assistance is not considered help if it is imposed. Always listen carefully to the instructions of your passenger.

The driver can help in the following ways:

(a) If the passenger walks with difficulty or uses cane(s) or crutch( es), get out of the cab and open the passenger door. Ask if further assistance is


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required. The passenger may appreciate your assistance in holding the cane or crutches or the offer of physical support while entering the taxicab.

(b) If support is requested, offer your arm or grasp the passenger's arm firmly. Let the passenger move at his own speed. If the passenger falls, do not panic. He will tell you how best to help.

(c) When speech is difficult, be patient and listen carefully. Ask your disabled passenger if there is any additional assistance that you can provide with their packages, baggage and/or doors.

(d) If the passenger is unable to respond, look for a medical bracelet.

2.2 DEAF OR HEARING IMPAIRED CUSTOMERS:

Where the passenger is deaf or hearing impaired, the driver should have a pencil and paper on hand to help communicate. Look directly at the deaf or hearing impaired passenger and speak normally to him so that he may more clearly understand you. Be certain of the correct destination address and confirm it to the deaf passenger.

2.3 CUSTOMERS WITH WHEELCHAIRS:

( 1) If your passenger uses a wheelchair:

(a) ask where he would like you to position the taxicab.

(b) determine whether he would prefer the front or rear seat and open the appropriate door.

(c) ask what additional assistance, if any, is required

(2) If the passenger is able to stand, he may wish to position the wheelchair a few feet from the curb. Let the passenger position the wheelchair, then ask whether further assistance is required. You may be asked to either hold the wheelchair securely or to hold the person's arm firmly while they transfer. Persons who cannot stand will likely draw the wheelchair up close to the cab, where possible, before transferring. Ask what you can do to help and do not move the wheelchair unless requested.

(3) When handling a wheelchair:

(a) Always roll the wheelchair backwards down a curb or bump.

(b) If you have been pushing the wheelchair, let the passenger know when you let go.


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(c) Ask the passenger for instructions with respect to folding, unfolding, and/or storage of the wheelchair if you are uncertain.

2.4 CUSTOMERS WHO ARE BLIND OR VISUALLY DISABLED:

Under the Blind Persons Rights Act of Ontario, no person may either deny any person services customarily available to the public or discriminate against any person with respect to services available to the public, for the reason that he is a blind person, WHETHER ACCOMPANIED BY A GUIDE DOG OR NOT.

Identification cards issued by the Attorney General of Ontario should be considered by all drivers as sufficient for identifying the blind person and his guide dog.

Under the Human Rights Code of Ontario, every person has a right to equal treatment with respect to the supply of services, without discrimination because of, among other things, a handicap. No person can infringe or do anything that infringes upon the right of a handicapped person to services available to the public.

3: GUIDELINES FOR TAXICAB SERVICE TO THE GENERAL PUBLIC

3.01 When arriving at the customers' address drivers should:

(a) Open the car door for the customer when entering or leaving the taxi. Offer any assistance where necessary.

(b} Always drive within the speed limit. Customers expect a comfortable and safe ride, not a fast one.

4: ACCIDENTS

4.01 In the case of an accident it is recommended that:

With respect to the customer, in the case of an accident or breakdown the driver should:

(a) Check for the health of the customer and call an ambulance if necessary.

(b) Ask the dispatcher to send another taxi for the customer if there is one in the car.

With respect to the taxi; in the case of an accident or breakdown the driver should:

(a) Remove the roof sign.


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(b) Call the police if it is a reportable accident.

(c) Record all relevant information in the case of an accident and report it immediately to the office (other driver's vehicle and driver's license number, and insurance policy name and number).

(d) Ask the dispatcher to contact the owner of the vehicle or to call a towing service if necessary.

SIGNATURES TO THE COLLECTIVE AGREEMENT

Signed at Ottawa, this day of '2012.

FOR THE EMPLOYER FOR THE UNION


Documents

CAW~TCA CANADA - Ontario · 2018. 4. 17. · (CAW-CANADA) AND ITS LOCAL 1688 (Hereinafter referred to as the "Union") ARTICLE 1: PURPOSE 1.01 The purpose of this Agreement is to provide