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1 COLLECTIVE AGREEMENT BETWEEN ADT SECURITY SERVICES CANADA, INC. AND LOCAL 636 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A.F. of L., C.I.O., C.L.C.) Effective: May 15, 2014 to May 14, 2018

COLLECTIVE AGREEMENT BETWEEN ADT SECURITY SERVICES … · the new office. 1.02 No condition of work, wage rate, job classification or security, insurance arrangements or any privilege

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Page 1: COLLECTIVE AGREEMENT BETWEEN ADT SECURITY SERVICES … · the new office. 1.02 No condition of work, wage rate, job classification or security, insurance arrangements or any privilege

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COLLECTIVE AGREEMENT

BETWEEN

ADT SECURITY SERVICES CANADA, INC.

AND

LOCAL 636 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

(A.F. of L., C.I.O., C.L.C.)

Effective: May 15, 2014 to May 14, 2018

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TABLE OF CONTENTS MUTUAL INTERESTS……………………………………………………………………………………………….3

ARTICLE 1 – UNION RECOGNITION…………………………………………………………………………3

ARTICLE 2 – DISCRIINATION AND ACCOMODATION……………………………………………….4

ARTICLE 3 – MANAGEMENT RIGHTS………………………………………………………………….…..5

ARTICLE 4 – WORKING CONDITIONS………………………………………………………………….…..4

ARTICLE 5 – STATUTORY HOLIDAYS……………………………………………………………………....7

ARTICLE 6 – WAGES……………………………………………………………………………………………….8

ARTICLE 7 – WAGES – OVERTIME…………………………………………………………………………10

ARTICLE 8 – PAID VACATION………………………………………………………………………………. 11

ARTICLE 9 – LEAVE OF ABSENCE…………………………………………………………………………..13

ARTICLE 10 – SENIORITY………………………………………………………………………………………13

ARTICLE 11 – GRIEVANCE AND ARBITRATION PROCEDURE………………………………….16

ARTICLE 12 – REPRESENTATIVES………………………………………………………………………….17

ARTICLE 13 – DISCHARGE CASES………………………………………………………………………….17

ARTICLE 14 – BENEFITS………………………………………………………………………………………..18

ARTICLE 15 – UNIFORMS……………………………………………………………………………………..20

ARTICLE 16 – SPECIAL PROVISIONS………………………………………………………………………21

ARTICLE 17 – TRAVELLING EXPENSES……………………………………………………………………22

ARTICLE 18 – SEVERANCE PAY………………………………………………………………………………23

ARTICLE 19 – STRIKES AND LOCKOUTS………………………………………………………………….23

ARTICLE 20 – AGREEMENT OF PARTIES………………………………………………………………….24

ARTICLE 21 – HEALTH AND SAFETY…………………………………………………………………………24

ARTICLE 22 – MOFICATION AND TERMINATION……………………………………………………..24

SCHEDULE ‘A’………………………………………………………………………………………………………….26

LETTER OF UNDERSTANDING – EMERGENCY STANDBY PROGRAM………………………….28

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AGREEMENT

Agreement entered into this 15th day of May, 2014, between A.D.T. CANADA INC. in London, Ontario, hereinafter referred to as the Company and LOCAL UNION NO. 636 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A.F. of L., C.I.O., C.L.C.), hereinafter referred to as the Union. Amended as per Memorandum of Settlement dated July 22, 2015 to merge the Cambridge, Ontario Branch with the London, Ontario Branch and extend the Collective Agreement until May 14, 2018.

MUTUAL INTERESTS

The economic interest of the Employer and the Employees is better served through the expressed co-operation of the Employer and the Union. Close contact and a mutual sympathetic interest between the Employer and the Employees will develop a better working system which will tend to constantly improve distribution, production and service, while improving the relationship between the Employer, the Employees and our customers.

ARTICLE 1 – UNION RECOGNITION

1.01 ADT Security Services Canada Inc. (the “Employer”), hereby recognizes the Union as the exclusive bargaining agent with respect to rates of pay, wages, hours and other conditions of employment for all Service and/or Install technicians employed by the Employer at its Cambridge, ON Branch or its London , ON branch; but excluding all other employees except those Service and/or Installation technicians who are directly supervised by the Employer’s supervisors located at its Cambridge, ON branch or its London, ON branch. If during the term of this Agreement the Employer relocates the covered employees from the Cambridge, ON branch or the London ON branch, to another, this provision shall apply to the new office.

1.02 No condition of work, wage rate, job classification or security, insurance arrangements or

any privilege heretofore in effect will be made less favorable to the Employees through the signing of this Agreement.

1.03 All new Employees shall, upon date of hire by the Company, make application for

membership in the Union. All applicants must become members of the Union and shall remain members of the Union as a condition of employment. The Business Representative shall be advised immediately of new Employees hired. If the Union has not received such application for membership at the end of thirty (30) days, the Company shall be notified and the Employee discharged.

1.04 The Company shall deduct a sum equivalent to monthly dues, as prescribed by the Union,

from the weekly pay of each Employee, including an Employee’s first pay, to whom this Agreement applies. The amounts so deducted shall be forwarded to the Union no later

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than the 20th day of the month following the month in respect of which the dues are deducted. The submission shall be accompnaied with a report by branch and by alphabetical listing of the names of each Employee on behalf of whom the deductions were made and the amount deducted on behalf of each Employee, and the information upon which deductions were calculated. It is understood that the Company does not undertake to make deductions for non-pay periods, initiation fees or special assessments.

1.05 The Company agrees to grant all members of the bargaining unit access to their personnel

files during regular working hours. Such permission shall be arranged through each Employee’s immediate supervisor at a mutually agreed time.

ARTICLE 2 –DISCRIMINATION and ACCOMMODATION

2.01 Under the provisions of this Agreement, each Employee is entitled to equal treatment with respect to employment without discrimination on the grounds of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, common law relationships, same-sex partnership status, family status, disability or religion.

2.02 Whenever the singular or masculine is used in this agreement, it shall be considered as

if the plural or feminine has been used when the content of the Agreement so indicates.

ARTICLE 3 – MANAGEMENT RIGHTS

3.01 The Company shall remain vested with full exclusive control of the management and operation of the Company and with the direction and supervision of the working forces; including its right to hire, discipline or discharge Employees for just cause, or to transfer Employees temporarily or permanently to new duties, or to relieve Employees from duty because of lack of work or for other legitimate reasons, or to schedule its operations, when in its sole discretion it may deem it advisable to do so, providing that any claim by the Union that these rights are exercised in a discriminatory manner shall be considered a grievance, and shall be dealt with in accordance with the terms of the Agreement. The rights reserved to Management herein are subject to the provisions of this Agreement and should be exercised in a manner consistent with them. The dismissal or discipline of probationary Employees is within the sole discretion of Management and is not subject to the Grievance Procedure.

ARTICLE 4 – WORKING CONDITIONS 4.01 The work week shall be forty (40) hours during any one work week or eight (8) hours during any work day. The normal work schedule for employees shall be

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8:00 AM to 4:30 PM with a thirty (30) minute lunch period from Monday through Friday.

The Company may establish additional shifts on different days/or times as necessary to meet customer needs provided that it has given notice of such change in accordance with Article 4.07. The Company will seek volunteers for permanent shifts (those lasting more than 2 weeks) and award to the senior qualified or assign the junior qualified employee. All permanent shifts shall be consecutive days and will include at most one weekend day.

The Company agrees to notify the Union of any new permanent shifts twenty (20) work days prior to implementation. The Company will endeavor to utilize subcontractors on installation shifts outside of regular hours which employees are scheduled to work.

4.02 It is understood that Employees shall be responsible for clean-up duties following the

personal use of the facilities, i.e. kitchen, etc. 4.03 Unless notified to the contrary forty-eight (48) hours before, an Employee reporting for

work shall be guaranteed work at his regular rate of pay for the full shift or if no work is provided, he shall be paid at his regular rate for the full shift.

4.04 With regard to mutual arrangements between Employees for temporarily exchanging days

of work, all mutual arrangements must be agreeable to the Manager or Supervisor. All replacements must be the same category and the exchange of days of work must be within an eight (8) week period. It is further understood that said exchange will be worked at normal rates.

4.05 No Employees shall be permanently transferred to any department or city without the

consent of the Union and the Employee concerned. Both the Employee concerned and the Union shall be notified of all transfers, either permanent or temporary.

4.06 Each Employee shall be provided with an eating period of at least one-half (½) hour, or

such shorter period as necessitated by emergency conditions, at such intervals that will result in no Employee working longer than five (5) consecutive hours without an eating period.

4.07 The Company agrees to give forty-eight (48) hours notice of a change of shift, excluding promotions or demotions. If forty-eight (48) hours notice is not given, the Company agrees to pay eight (8) hours additional pay for the first shift of each change.

4.08 (a) Under emergency conditions if mutually agreed, Employees may be required to work longer than sixteen (16) consecutive hours.

(b) Employees scheduled to work more than two (2) hours beyond their regular scheduled shift of eight (8) or ten (10) hours as the case may be, shall be afforded 30 minutes of paid eating time and a meal allowance as follows:

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May 15, 2013 $12.12 May 15, 2014 $12.45 May 15, 2015 $12.79 May 15, 2016 $13.14 May 15, 2017 $13.50

The meal allowance is repeated every four (4) hours thereafter until the overtime is completed, or until article 4.08 (a) applies, whichever comes first. Employees called in are eligible for meal allowance after working five (5) hours or more (and ½ hour of paid time to eat the meal).

4.09 Requests for the taking of banked time must be presented to management at least

seventy-two (72) hours prior to the beginning of the requested leave. Eight (8) hours of banked time may be accumulated.

4.10 The regular working hours for Employees working out of town on installation assignments

are set out in Article 4.01 or shall consist of four (4) x ten (10) hour fixed shifts subject to operational requirement and as mutually agreed with the Employee(s) involved.

Overtime worked by Employees referred to in paragraph 4.10 will be received for work performed in excess of ten (10) hours during the same shift. The statutory holiday provisions of the Collective Agreement apply to such Employees except that Employees who must work on a statutory which is their regular day of work shall be paid ten (10) hours at the normal rate plus time and one-half (1 ½ x) for the first ten (10) hours worked. All hours worked after the first ten (10) hours shall be a double the rate.

4.11 ADT Unit Commission Installation Compensation Program

(a) Utilizes a different method of compensation for Employees involved in installation. (b) ADT will guarantee a minimum of forty (40) estimated installation hours of work

per week. (c) An installer will coordinate his own schedule with ADT to coincide with scheduled

installations and completion dates. (d) The installer will be responsible for reliable system installation, excluding delays

incurred because of product defects or late delivery, for the first thirty (30) days after connection to the Customer Service Centre (CSC). Workmanship to be in accordance with ADT standards.

(e) Compensation will be forty (40) hours pay for completion of the forty (40)

estimated hours, paid at the applicable installer’s rate of pay. Hours in excess of the

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guaranteed minimum will be paid on a weekly basis. Employees will be entitled to meal allowances in accordance with Articles 4.08 b) when working beyond their regular scheduled shift.

(f) Additional estimated hours completed beyond the guaranteed minimum of forty

(40) hours per week will be paid on a straight time hourly basis. Payment in full will be based on jobs completed. Overtime will be paid in accordance with the Employment Standards Act on actual hours worked.

(g) During the period of approved training, the installer will be paid at prevailing rates. (h) Should problems arise concerning the administration of the program, the parties

will meet to discuss the problems. The meeting will take place within two weeks of being requested.

(i) In the event of a lay off, the terms of the Collective Agreement will apply.

ARTICLE 5 – STATUTORY HOLIDAYS

5.01 The following holidays shall be paid for at the Employee’s regular rate when not scheduled to work:

New Year’s Day Victoria Day Thanksgiving Day

Family Day Canada Day Christmas Day Good Friday Civic Holiday Boxing Day Employee’s Birthday Labour Day *Floater Holiday * An additional floating holiday will be granted as a Statutory Holiday. While this floater is intended to be taken at a time convenient to both the Company and the Employee the Company reserves the right to schedule said date for business reasons. In the event the Federal or Provincial government declares an additional statutory holiday, it is understood that it will replace this floater. With mutual agreement between the Employee and the Company, a day other than the Employee’s actual birthday may be designated as the Employee’s Birthday for the purposes of Article 5. The day worked shall be paid at regular rates.

5.02 Employees scheduled to work on any of the twelve (12) statutory holidays referred to in

Article 5.01 shall be paid eight (8) hours straight time for the holiday, plus time and one-half for the first eight (8) hours worked and double time for all hours worked over eight (8) hours. Employees who work on a statutory holiday and wish to take their holiday at a later date can do so and they will be paid time and one-half for the eight (8) hour shift for the statutory holiday and straight time for the day they take off, if satisfactory to the Company. Employees who are not scheduled to work on a statutory holiday but are called into work

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under conditions outlined in Article 7.03 shall be paid straight time for the holiday, plus double for the work performed.

5.03 Irrespective of the forgoing Articles 5.01 and 5.02, part-time Employees working a schedule

of twenty (20) hours or less per week shall be entitled to statutory Holiday pay for all of the statutory Holidays as per Article 5.01. Formula is as per the Employment Standards Act of Ontario or as amended.

5.04 Employees scheduled to work on a statutory holiday but who do not report for work shall

not be paid unless their absence is through sickness or other justifiable cause approved by the Company.

Employees who are on call (page) when a statutory holiday occurs shall remain on call for

the normal day shift (8:00 a.m. to 4:30 p.m.) and receive eight (8) hours pay or banked time.

Employees who are on call for a statutory holiday will receive a day off in lieu with pay in

addition to the applicable overtime rate. The day off work will be granted at a time mutually agreed upon by the Employee and the supervisor.

5.05 When any statutory holiday falls on a Saturday or Sunday, the Company shall designate

either the Friday before or the Monday after as a holiday. This paragraph shall apply only to those Employees who are not scheduled to work on Saturday or Sunday.

5.06 The holiday shall be from 12 midnight to 12 midnight on the day designated by the

Company as the holiday. 5.07 If an Employee takes his vacation during a period which includes a designated statutory

holiday, he shall receive an extra day’s pay or an extra day’s vacation to be taken at a later date mutually agreed upon by the Company and the union. Such approval shall not be unreasonably withheld.

ARTICLE 6 – WAGES 6.01 Occupational classifications and wage scales are set forth in schedule “A” of this

Agreement. 6.02 The wage rates of any new job classification originated by the Company will be negotiated

between the Company and the Union Bargaining Committee within three (3) months of being implemented.

6.03 Employees will be paid by cheque or direct deposit every Thursday by 4:30 p.m. except in

exceptional circumstances, in which case payment will be made by Friday at noon. Should the method of payment be direct deposit, there will be no bank charges incurred by the Employee as a result and the funds will be deposited as directed by the Employee.

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6.04 When an Employee is required to serve on jury duty, or subpoenaed as a court witness, the

Company agrees to pay the Employee the difference between jury or witness pay and his regular pay.

6.05 All time spent on legal matters pertaining to the Company business on an Employee’s own

time, shall be compensated for at time and one-half with a minimum of four (4) hours. 6.06 Whenever necessary, Employees who cannot attend special training classes on “Company

time” and who are requested by the Company to attend such programs on their own time after working hours or on their days off, will be paid at their regular hourly rate of pay for all time spent in training, with a guaranteed minimum of two (2) hours’ training.

Where Employees are required to attend Company meetings after work hours or on their days off, they will receive a minimum of two (2) hours pay at their regular rate of pay.

6.07 (a) An Employee shall be paid at his regular rate of pay if scheduled to work during

absence not exceeding five (5) consecutive days, for the purpose of attending the funeral of a member of the Employee’s immediate family, defined for the purpose hereof to include the Employee’s spouse, common-law spouse, same sex partner, child, mother, father, stepdaughter, stepson, stepmother, or stepfather.

(b) Three (3) consecutive working days shall be granted for sister, brother, stepsister,

stepbrother, mother-in-law, father-in-law, grandmother, grandfather, grandson and granddaughter.

(c) One (1) day shall be granted for son-in-law, daughter-in-law, brother-in-law and

sister-in-law. (d) Employee to supply pertinent information for such absence to the Manager and if

not available, the Supervisor, prior to scheduled tour of duty. 6.08 The starting rate shall be the rate within each occupational classification as set forth in

Schedule “A” of this Agreement and shall be increased after each six (6) months of service, until the Employee reaches the top rate of his classification. In the case of a promotion, the promoted Employee shall receive, at the time of promotion the rate in the classification to which he is promoted consistent with his length of service with the Company. Increases or decreases in an Employee’s rate of pay shall not be made effective while an Employee is absent due to sickness, accident or on a leave of absence.

6.09 Employee temporarily transferred or required to do work bearing higher pay shall, after

working one (1) full hour, receive retroactively, the minimum promotional rate for the classification of the Employee replaced. Where an Employee is reassigned to a lower classification for reasons other than unsatisfactory work performance or misconduct, he/she will not have his/her wages reduced for a period of six (6) months, provided that such an Employee continuously works the lower job classification for six (6) months. After

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this time period, the Employee will receive the rate in the new classification appropriate to his/her seniority.

6.10 Acting Supervisor $1.75 per hour premium shall be paid to an Employee where an Acting

Supervisor/Conducting Classroom Training for other employees is required. 6.11 Other articles of this agreement notwithstanding, the Company may, at its sole discretion,

grant an increase in wages not to exceed the top rate of Serviceman I to any Employee who has a minimum of five (5) years service with the Company.

6.12 Employees whose regular schedule extends beyond the normal working hours (as

identified in Article 4.01 – Monday to Friday 8:00 to 4:30 p.m.) shall receive a shift premium as outlined below for all scheduled hours worked.

May 15, 2013 $0.94 May 15, 2014 $0.97 May 15, 2015 $1.00 May 15, 2016 $1.03 May 15, 2017 $1.06

ARTICLE 7 – WAGES – OVERTIME

7.01 All time worked over eight (8) hours in one (1) shift shall be overtime, excluding Employees scheduled to work a ten (10) hour shift.

7.02 Overtime shall be paid on the following basis: Time and one-half for the first four (4) hours

of overtime on all regular work days and double time thereafter, until relieved. 7.03 Employees called into work outside of their regular working hours shall receive double time

for such work and shall be guaranteed at least two (2) hours work or pay for same. This paragraph covers the instance where an Employee is called into work on his time off and returns to his home immediately following completion of the work. The Employee shall be paid from the time he leaves his home until he returns.

7.04 Employees called into work prior to their scheduled tour of duty shall be paid at the double

time rate for the additional hours worked before their regular shift. 7.05 Double time shall be paid for all work performed at the Company’s request on the

Employee’s day off. 7.06 Overtime is to be distributed equally amongst all qualified Employees where possible. 7.07 Employees called on the phone for consultation outside his/her regular working hours,

shall be paid one (1) hour at straight time rate for calls received during any calendar day.

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It is understood that the Employee who makes such call will have prior management approval.

7.08 Stand By Duty

Eligible associates will be assigned on a weekly rotating basis not to exceed seventy-three (73) hours to ASI standby duty and will be paid $210.00 per week effective May 15, 2014, $215.00 effective May 15, 2015 and $220.00 effective May 15, 2016 and $225.00 effective May 15, 2017. In the event that the standby hours are reduced or increased during the life of the Agreement, the applicable rate in place will be reduced/increased in direct correlation. Any Employee working on a standby basis will be provided by the Company those tools with which to allow them to be prepared and respond at any time in a quick and responsible manner. Employees will be assigned as follows:

Monday 4:30 p.m. to Tuesday 3:00 am

Tuesday 4:30 p.m. to Wednesday 3:00 am Wednesday 4:30 p.m. to Thursday 3:00 am Thursday 4:30 p.m. to Friday 3:00 am Friday 4:30 p.m. to Saturday 8:15 am Saturday 8:00 p.m. to Sunday 8:15am Sunday 8:00 p.m. to Monday 3:00 a.m.

7.09 Paid Rest Time An on-call Employee, who works four (4) hours of call-out overtime between the hours of

12:00 a.m. and 8:00 a.m., shall be given a four (4) hours rest period prior to the commencement of his/her next regular scheduled tour of duty. If all or part of his/her four (4) hours overlaps the regular shift, he/she shall be paid those hours at regular time. At the end of the rest period, the Employee shall be required to report for duty for the duration of the scheduled tour.

ARTICLE 8 – PAID VACATION 8.01 Employees with less than one (1) years’ service shall receive vacation pay as stipulated in

the Ontario Employment Standards Act. Employees with one (1) year service shall receive two (2) weeks vacation with pay at the Employee’s regular rate or 4% of the gross wages

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earned in the twelve (12) months employment for which the vacation is given, whichever is greater.

8.02 Employees who have completed the required number of years of service shall receive

vacation entitlement with pay as follows:

1 yr less than 3 yrs – 10 days 3 yrs less than 10 yrs – 15 days 10 yrs less than 20 yrs – 20 days 20 yrs less than 26 yrs – 25 days 26 yrs less than 27 yrs – 26 days 27 yrs less than 28 yrs – 27 days 28 yrs less than 29 yrs – 28 days 29 yrs less than 30 yrs – 29 days 30 years + – 30 days

8.03 More than two (2) weeks vacation may be taken during the months of June, July or August

if agreed upon by the Company and the Union. 8.04 The Company shall assign the starting dates for each period of the vacation interval. They

will be scheduled to conform to the business. Vacation list will be posted Feb. 1st and finalized on March 31st of the current year. A completed vacation list will be posted by Management by March 31st of each year.

For the purpose of defining amounts of "service" in regards to vacation, all vacations taken in one (1) year will be based on employment with the Company up to the anniversary date of service occurring in the calendar year the vacation is taken. Employees entitled to increased vacation amounts in accordance with Article 8.02 will be granted the additional vacation days during the same calendar year after the anniversary date on a pro-rated basis (rounded up to the next full day) and full entitlement the proceeding year.

8.05 Failure of senior regular Employees to specify choice by March 15th and after being

approached by the Shop Steward, has twenty-four (24) hours to specify date of vacation or will be dropped to the bottom of the list.

8.06 Relief replacements during vacation periods shall be made on the same basis as

promotions would normally be made. It is understood that when replacement for vacation is provided by the selection of regular Employees, it will be rotated between the two (2) junior such Employees on the day shift. When new Employees are hired, they shall fill the lowest job classification. Temporary Employees hired as holiday replacement shall fill only those vacancies which are created due to the holiday period. Regular Employees of the Company shall be given priority in choosing the shifts left vacant by Employees on their vacation.

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8.07 Employees with the greater bargaining unit seniority shall have preference in the choice of vacation periods.

8.08 Employees voluntarily terminating their employment will be paid, in addition to all other

money due to them, pay for unused vacation credit on a basis proportionate to their length of service.

8.09 Christmas holidays shall be rotated between Employees with more than ten (10) years

seniority. 8.10 When requested in writing to the Service and Operations Manager at least two (2) weeks

in advance, the Company shall instruct payroll to issue vacation pay in advance of the Employee’s vacation.

ARTICLE 9 – LEAVE OF ABSENCE

9.01 The Company agrees to grant leave of absence without pay to an Employee to attend Union meetings and conventions.

9.02 Personal leave of absence of up to one (1) year may be granted to an Employee at the

discretion of the Company, without loss of seniority. 9.03 Additional leaves of absence shall be granted in accordance with the appropriate sections

of the Employment Standards Act of Ontario. 9.04 Military leaves of absence shall be granted with no break in seniority. 9.05 Pregnancy/Parental/Adoption Leave shall be granted in accordance with the

appropriate legislation.

ARTICLE 10 – SENIORITY 10.01 A new Employee shall be considered a probationary Employee and shall have no seniority

for the first three (3) months of employment at which time he shall be considered a regular Employee and shall be placed on the seniority list at that time with seniority from the original date of employment. The time limit in this section may be extended by mutual agreement of the Company and the Union for a period of no more than three (3) months.

10.02 In respect to promotions, demotions, up-grading, or transfers of Employees, seniority and

ability shall be the guiding factors in selecting the Employee who is regarded the most suitable. Where the ability is relatively equal between two or more Employees, seniority in London shall be the deciding factor.

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(a) Any position that becomes vacant or created by the Company shall be posted for a period of ten calendar days.

(b) The Company also agrees to a promotion board consisting of three (3) members representing the Company and two (2) Employees representing the union. One (1) of the Company representatives shall act as Chairman and will have no voting power except in the case of a tie vote. The Company agrees that the Union may select their board members at random and that these members may change from time to time, as required. This board will meet as necessary to consider all matters relating to promotions, demotions, and out of town transfers of Employees. The action of the board shall be posted on union bulletin boards provided by the Company within three (3) working days of their meeting.

(c) The line of promotion will be from Serviceman II to Serviceman I to Senior

Technician, unless otherwise agreed to by the promotion board. 10.03 In all cases of lay off and rehiring, Employees shall be laid off and rehired in order of their

bargaining unit seniority and shall retain seniority for a period of two (2) years from the date of lay off. Sickness and accident benefits and group insurance will not apply during lay off. If an Employee withdraws his pension contributions during this period, he shall reenter the pension plan immediately upon reemployment.

10.04 (a) In the case of an Employee transferred to a Supervisory position or an

Employee who terminates their employment and is subsequently rehired by the Company, only bargaining unit seniority shall be retained by the Company providing this occurs within twenty-four (24) calendar months, thereafter, the Employee becomes a probationary Employee (new hire).

(b) Company seniority with respect to vacations and benefits shall not be reduced.

10.05 The Company shall provide the Union with an up to date list of seniority standing of all

Employees covered by the agreement, showing both occupational and Company seniority and agrees to bring such lists up to date each six (6) months.

10.06 Definitions

Employees who are not designated as full time shall be classified as part time or temporary, and defined by the following:

(a) Part time: Any Employee whose hours of work comprise a portion of the normal

shift schedule but whose total hours worked average less than twenty-four (24) hours per week in any four (4) week period.

(b) Temporary: Any Employee hired to fill a specific short term vacancy prompted by

illness, volume of work, accident etc. Work schedule will normally be forty (40)

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hours/week. If assignment lasts more than 90 days the individual will be considered full time. A student working as a vacation relieve is considered “temporary”.

10.07 Wages

(a) Any part time Employee will be hired at the minimum wage for the classification of work they perform as outlined in the current contract. Merit increases will be applied for each 1040 hours of service worked until an individual reaches the top level of their job classification.

(b) Any temporary Employee will be hired at the minimum wage for the classification

of work they perform as outlined in the current contract. (c) Any part time or temporary Employee will receive overtime pay for hours worked

as prescribed by law and the current contract. 10.08 Seniority

(a) Seniority shall be established from the first day an Employee is promoted to a full time status. Previous part time seniority credit will be calculated based on the total number of part time hours worked divided by eight hours, to establish number of days credit to be granted.

(b) Any Employee promoted to full time status must serve a probationary period as per

the contract not including the total part time days calculated in subsection (a). 10.09 Benefits

The part time or temporary Employees are only entitled to those benefits as specified in the Employment Standards Act of Ontario, such as four percent (4%) vacation pay, eight Statutory Holidays, pregnancy and parental leave, etc.

10.10 Miscellaneous

(a) Any Employee covered by this policy is not eligible to work unscheduled overtime except after such opportunities have been offered first to all full time Employees. Statutory holidays shall be considered to be unscheduled overtime for purposes of this article.

(b) Where unforeseen events prompt unscheduled overtime of a longer duration, the

Company may fill the vacancies without compliance to (a) after 2 shifts have been offered first to full time Employees.

(c) Contract notice for shift changes does not apply to temporary or part time

Employees. (d) These Employees may participate immediately in the group RRSP plan and may

participate in the Company pension plan provided they have worked 700 hours for the Company in the previous 2 years. No severance pay is applicable to terminated employment.

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(e) The maximum number of Employees that may serve in this capacity at any one time

is 20% of the full time staff or four (4), whichever is greater.

ARTICLE 11 – GRIEVANCE AND ARBITRATION PROCEDURE 11.01 The Union shall form from among themselves a grievance committee of not more than two

(2) members. 11.02 Should any difference arise between the Company and the union, such difference shall be

settled in the following manner. All time periods mentioned in this Article are to exclude Saturdays, Sundays and holidays observed by the Company and the Local Union.

11.03 It is understood that any alleged grievance must be presented to the Company within five

(5) working days of the occurrence, otherwise, no grievance will be deemed to exist. 11.04 Step 1: Grievances of all Employees shall be discussed by a grievance committee member

with the immediate supervisor concerned and such immediate supervisor shall render his decision within twenty-four (24) hours.

11.05 Step 2: Failing settlement at this stage, the grievance committee representative shall

submit the grievance in writing to the Branch Manager within five (5) working days or the matter shall be deemed to have been settled or abandoned. The Branch Manager shall reply within five (5) working days, after having received the grievance.

11.06 Step 3: if the reply of the Branch Manager is not satisfactory, the written grievance shall

be referred to the Regional General Manager within ten (10) working days or the matter shall be deemed settled or abandoned. After receipt of the grievance to Step 3, the Regional General Manager and the Business Representative of the Union shall meet with the Employee and the grievance committee of the Union within ten (10) working days to discuss the grievance. A reply to the grievance shall be given in writing within five (5) working days after the meeting has been held at this stage of the grievance procedure.

11.07 Any of the time allowances provided in 11.03, 11.04, and 11.05 of this article may be

extended by mutual agreement between the parties concerned. 11.08 If a grievance is to be referred to arbitration, it shall be so referred with ten (10) working

days after the date of the reply referred to in 11.05 above. 11.09 In the event of a group grievance, a policy grievance or a grievance respecting the discharge

or suspension of an Employee, the grievance shall be in writing indicating the nature of the grievance and the remedy sought. The grievance will be processed commencing at Step 3 (Regional General Manager) of the grievance procedure.

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11.10 When a grievance or dispute has been submitted to arbitration the party so submitting shall notify the other party in writing or its desire to do so, and the notice shall contain the names of at least three (3) possible arbitrators. Within ten (10) working days thereafter, the other party shall accept the name of one of the arbitrators offered or submit the names of at least three (3) 0other possible arbitrators.

11.11 If they are unable to agree upon such arbitrator within ten (10) working days, the parties

may request the Minister of Labour of the Province of Ontario to appoint such an arbitrator. (Section 49 of the Ontario Labour Relations Act or amendment thereof).

11.12 The decision of the arbitrator shall be final and binding upon the parties and the

Employee(s) concerned. The arbitrator by his/her decision shall not alter, amend, or change the terms of the Collective Agreement.

11.13 The parties will jointly share the expenses of the single arbitrator, or if any the Chairman

of the Board. Witness fees and allowances shall be paid by the parties calling the witnesses. 11.14 The Unit Representative, preferably the unit chairperson, will be given twenty-four (24)

hours notice prior to any disciplinary meeting, and shall attend with the Employee. 11.15 Any letter of reprimand, suspension, or other discipline will be removed from the record

of an Employee twenty-one (21) months following receipt of such letter, suspension or other discipline, provided that the Employee’s record has been discipline free for such twenty-one (21) month period. Copy of the removal will be provided to the Unit Chairperson.

11.16 Any grievance settled prior to arbitration shall not set precedent nor prejudice any future

matters unless agreed to in writing by the IBEW Business Representative and the Director of Labor Relations.

ARTICLE 12 - REPRESENTATIVES 12.01 The Union shall supply the Company with a list of all executive and committee members

and shall keep such a list up to date. 12.02 The Company shall supply the union with the names and positions of its representatives

who may be called upon to administer this agreement and shall keep such a list up to date.

ARTICLE 13 – DISCHARGE CASES

13.01 The Company shall notify the Business Representative immediately of the reason for discharge or suspension of any Employee covered by this Agreement. The Employee concerned shall have the right to be present when his case is discussed.

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13.02 If a Regular Employee with seniority rights believes that he/she has been suspended or discharged without just cause, the matter may be taken up as a Step 3 grievance under Article 11 of this Agreement. Any such grievance shall be rendered to the District General Manager within three (3) working days after the Regular Employee has been advised that he/she has been suspended or discharged from the Company, and the matter shall be disposed of within seven (7) working days of the time the District General Manager received notice of the grievance, except where a case is being referred to arbitration.

13.03 Such special grievance may be settled (by the parties or the Arbitrator) by confirming the

Company’s decision in discharging the Employee, or by reinstating the Employee with full compensation for time lost, or by any other arrangement which is just and equitable.

ARTICLE 14 - BENEFITS 14.01 Benefits are for regular Employees and their eligible dependents only and does not include

part time, temporary, casual, nor vacation relief Employees. Conditions governing the Group Insurance, Sickness and Accident Benefit plans sponsored by the Company are set forth in Articles 14.08 and 14.09. Conditions of the Pension plan are detailed in a separate brochure which will be supplied to each Employee concerned.

14.02 Employees joining the service of the Company are required to join the Pension plan, as a

condition of employment, on the first of the month following the date on which they become eligible. Employees are eligible after:

1. having completed one (1) year of service with the Company, and 2. having attained the age of twenty-one (21) years, and 3. are not over the age of sixty-four and one-half (64 ½) years.

The Company shall contribute to the pension plan at 4% of an Employee’s annual earnings and the Employee shall contribute 2%. Vesting of Company contributions remains at two (2) years of Employee plan membership.

14.03 The Company will provide a dental plan, for all Employees and their eligible dependents

covered by this Agreement. Basic services are reimbursed at 100%. Fluoride treatment to be included. Major restorative services will be covered to a maximum of $1500/year for the Employee and each family member. Orthodontic services will be covered to a maximum of $2000 lifetime for the Employee and each family member. Both major restorative and orthodontia are reimbursed at 50% of eligible expenses and are subject to deductibles of $25 single or $50 family per year.

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The cost to participate in the dental plan is $4 single or $8 family per month.

14.04 The Company will pay 100% of the cost of the Provincial Government medical, surgical and

hospital plans for the Employees and their eligible dependents covered by this agreement. 14.05 The Company will provide an Extended Health Care plan for all Employees and their eligible

dependents covered by this agreement and their dependents. The plan reimburses 80% of eligible expenses and is subject to annual deductibles of $25 single or $50 family.

The plan has been expanded to include vision care coverage which reimburses the Employee and his dependents 100% of vision care costs to a maximum of $175.00 every twenty-four (24) months. There is no deductible for this coverage. The cost to participate in the EHC plan is $4 single or $8 family per month.

14.06 The Company will provide a Long Term Salary Continuity plan. At the inception of the plan,

Employees must have 1 year of continuous service with the Company to be eligible. This plan will provide benefits after those of our present sickness and accident benefits outlined in Article 14.08 have expired. Employees are entitled to a maximum of 60% of normal earnings but in no event may the income benefit exceed $10,000/month. Premiums will be paid by the Employee through payroll deductions which allows for the benefit to be non-taxable. While this schedule describes the basic features of the Long Term Salary Continuity Plan, the complete terms will be set further in the Master Policy to be issued by the insurance carrier.

14.07 The Company will pay to a maximum of $175.00 plus PST effective May 15, 2005 towards

the purchase of prescription safety glasses for all Employees who require them to safely perform their duties. The Company will reimburse upon presentation of original invoice once every two (2) years.

14.08 Employees governed by the collective bargaining agreement are entitled to Short Term

Disability Benefits as follows:

LENGTH OF SERVICE Weeks at 100% Weeks at 66 2/3%

Less than 90 days 0 0

90 days but less than 1 year 0 30

1 year but less than 3 years 2 28

3 years but less than 5 years 6 24

5 years but less than 7 years 10 20

7 years but less than 10 years 15 15

10 years or more 20 10

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Short term disability benefits will be administered by the same rules governing short term disability benefits for non-bargaining unit personnel. In the event the company changes the rules governing short-term disability, those changes will be discussed with the union prior to implementation. The company will not change the duration, amounts or service entitlements during the term of the collective bargaining agreement.

14.09 Group Insurance Plan All Employees, active, present and future, shall become eligible for the Group Life Policy of

the Company. If you have completed three months or more of service, you will be insured for an amount

equal to one and one-half (1 ½) times your basic annual salary. All Employees, active, present and future, shall become eligible for the Group Accidental Death and Dismemberment (AD & D) policy of the Company. Upon completion of three months or more of service, you will be insured for an amount equal to one and one-half (1 ½) times your basic annual salary.

The total cost of the above plans will be paid by the Company. 14.10 Definition of Spouse: For the purposes of the benefits of this Collective Agreement,

included are the definitions as per the Human Rights Code of Ontario for spouse and same sex partner provided they have been cohabitating in a conjugal relationship for a six (6) month period.

ARTICLE 15 - UNIFORMS

15.01 The Company agrees to furnish those Employees who are required to wear a uniform in the performance of their duties with the required uniform.

15.02 The Company agrees to have the uniform apparel cleaned and maintained as necessary

except uniform shirts and other items classified as washable. 15.03 It is understood that Employees shall exercise normal care for the uniform equipment and

shall be responsible for any damage willfully or neglectfully caused. 15.04 Employees shall not wear uniform apparel when off duty, other than directly en route to

or from work. 15.05 The Company will provide suitable safety footwear to all Employees, full or part time.

Footwear will be maintained or replaced at the discretion of the Company in communication with the Health and Safety committee. All footwear must be Green Patch Safety approved.

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15.06 Service vehicles will be supplied with the following items for use of on duty Employees: safety helmets, spotlight, first aid kits. In addition, raincoats and rubber boots will also be made available.

15.07 Upon leaving Company service, Employees shall surrender all items of uniform equipment

to the Company. 15.08 The Company shall furnish one (1) pair of coveralls to probationary Employees and other

Employees required to perform maintenance and/or troubleshooting work. Other Employees (excluding part time) requiring such coveralls in order to maintain the cleanliness of their uniform, shall be furnished with one (1) set upon request.

15.09 New Employees requiring safety footwear shall be reimbursed following the three (3)

months probationary period.

ARTICLE 16 – SPECIAL PROVISIONS 16.01 The Company shall supply necessary tool kits for the use of Employees for maintenance. 16.02 For the purpose of safety, a first aid kit will be installed in the Central Station and trucks. 16.03 The Company will provide bulletin boards for the posting of union notices and

announcements. 16.04 In the event of a vacancy occurring or a new position being created, notices shall be posted

to this effect and interested Employees may submit written applications for the job or position.

16.05 The Company agrees that while no guarantee of employment or work can be provided to

either Employees or contractors/subcontractors, the Company confirms that the use of all contractors/subcontractors is to be discontinued prior to the lay-off of any Employee. In addition, no contractor/subcontractor may be called upon to do work for the Company until all Employees have been recalled to work.

16.06 The Union executive and members of the negotiating committee shall be paid straight time

for time spent on grievances or negotiations, providing such time is during their regular shift. The union negotiating committee shall be limited to two (2) Employees.

16.07 The Company shall also provide suitable space for clothing, drinking water, sanitary

facilities and any reasonable convenience. 16.08 Non-Union and supervisory personnel shall not do any work normally done by Employees

covered by this agreement except for the purpose of instruction, experimenting, emergency conditions, or when an Employee who normally does this work is not readily available.

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16.09 The parties agree that during the life of collective agreement they will meet on a regular

basis but at least every three (3) months, to discuss matters of mutual interest to the parties.

Representation will generally include up to two (2) members of the bargaining unit and an equal number of management representatives from the Branch.

Where appropriate, there will also be discussion of new business ventures being considered by the Company.

Business Representative of Local Union to be notified of all times and dates of meetings.

16.10 The Company agrees to the formation of a Health and Safety committee to meet on a

regular basis. Details regarding frequency of meetings and membership to be determined by the Labour Management Committee.

16.11 The Company will pay the cost if it requires an employee’s drivers license abstract.

ARTICLE 17 – TRAVELLING EXPENSES 17.01 It is understood and agreed that an Employee cannot be required to use his personal

automobile as a condition of employment. The use of Employee’s personal automobile is strictly at the Employee’s option.

17.02 Employees driving Company vehicles shall report to his assigned station at the beginning

and end of each shift, unless his assignment is equal or less distance from his home, or at a site within a 25 km. radius from his assigned station in which case he may, at the supervisor’s discretion report directly to the job. It is understood in this case, he shall work his full eight (8) hour shift.

17.03 To qualify for mileage, an Employee must be authorized and prepared to use his

automobile to transport his tool box and himself on assignments from the Company. On this basis, the following shall apply:

17.03 (a) He shall be paid daily from his assigned station to his job and return to his assigned

station, or from his home to the job and return to his home, whichever is the lesser, and/or between jobs at the rate of: May 15, 2014 rate (.031km) and shall be guaranteed a minimum of $9.24/day May 15, 2015 rate (.032km) and shall be guaranteed a minimum of $9.50/day May 15, 2016 rate (.033km) and shall be guaranteed a minimum of $9.76/day

May 15, 2017 rate (.034km) and shall be guaranteed a minimum of $10.03/day

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(b) An Employee is not obligated to transport other Employees or their tools to receive mileage.

(c) An Employee may be required to transport a small amount of material. (d) An Employee is not obligated to transport ladders, plywood, pipe vices or any other

such equipment in vehicle. 17.04 If through no fault of his own, the automobile of an Employee is damaged while being

operated on business of the Company, for which he is receiving compensation, and he is unable to recover the cost of the necessary repairs from any other source, he shall be entitled to reimbursement after ninety (90) days. If the Employee thereafter makes recovery from any other source, he shall turn over to the Company all sums recovered up to the amount of payment made to him by the Company. In no event, shall the amount paid by the Company under this item exceed the value of the car at the time the damage is sustained.

ARTICLE 18 – SEVERANCE PAY 18.01 In the event of permanent lay off, an Employee with more than five (5) years of continuous

service with the Company so laid off shall receive severance pay at the rate of one (1) week’s pay for each full year of continuous service. Such payment shall be based on the Employee’s authorized hourly wage rate in effect at the time he is laid off.

18.02 If an Employee who has received severance pay is rehired and the period since the date of

his lay off is less than the period for which he has received severance pay, the amount paid to the Employee in excess of the period of his actual lay off shall be considered as an advance to him by the Company repayment shall be made through payroll deductions at the rate mutually agreed upon by the Employee and the Company, but in no case shall it exceed ten percent (10%) of his basic weekly wage until the amount is fully repaid; and as a condition of re-employment, the Employee either before, at or subsequent to the time he/she returns to the payroll, shall, upon the Company’s demand, execute any and all documents that may be necessary, desirable or proper to effectuate this provision.

18.03 In the event an Employee, who is laid off, is rehired within a twelve (12) month period, his

severance pay rights shall be established on the basis of his record of continuous service.

ARTICLE 19 – STRIKES AND LOCKOUTS 19.01 It is agreed that no strike will be called by the union or no lockout caused by the Company

for the duration of this agreement.

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ARTICLE 20 – AGREEMENT OF PARTIES 20.01 This contract contains the entire agreement between the parties and no other agreement

or practices, either oral or written, shall apply unless placed in writing and signed during the most recent negotiations or after.

ARTICLE 21 – HEALTH AND SAFETY 21.01 The Company, the Union and the Employees recognize their respective obligations under

the Workplace Safety and Insurance Board (WSIB) legislation, the Human Rights Code and the Occupational Health and Safety Act.

21.02 Following two (2) calendar weeks, in the event there is a delay in payment of an approved

WSIB claim, the Company agrees to advance funds in the equivalent prevailing weekly maximum. This will be conditional upon the Employee signing an agreement to repay the advance in full upon receipt of the WSIB benefit.

21.03 The Company agrees to provide to the Employee a copy of the Employer’s Report of Injury

and a copy of the investigation report with respect to this injury. 21.04 The Company agrees to post a copy of the Health and Safety Committee Minutes of the

meeting as soon as is practically possible.

ARTICLE 22 – MODIFICATION AND TERMINATION

22.01 This agreement shall be effective as of May 15, 2014 and shall remain in full force and effect until May 14, 2018, and thereafter from year to year unless either party gives to the other party written notice of termination or modification by registered mail within a period of not more than sixty (60) days, or less than thirty (30) days prior to the annual expiration date. In the event of such notice of termination or modification being given, the parties agree to meet within thirty (30) days of its receipt to negotiate with a view to agreeing on terms and conditions for the renewal or modification of the agreement. The terms and conditions of the existing agreement shall remain in effect during the period of such negotiations.

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Signed at Cambridge, ONTARIO this day of , 2015 For A.D.T. CANADA INC. BY: _______________________________________________ Director, Labour Relations, ADT NA _______________________________________________ Branch Manger For LOCAL 636 of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS BY: _______________________________________________ Business Manager/Financial Secretary _______________________________________________ Business Representative _______________________________________________ Negotiating Committee

_______________________________________________ Negotiating Committee

_______________________________________________ Negotiating Committee

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SCHEDULE A

May 15 May 15 May 15 May 15 May 15 2013 2014 2015 2016 2017 SENIOR TECHNICIAN $26.39 $27.11 $27.86 $28.62 $29.41 SERVICEMAN I Mos service 0 – 6 $18.14 $18.63 $19.15 $19.67 $20.21 7 – 12 $18.95 $19.47 $20.00 $20.55 $21.12 13 – 18 $19.76 $20.30 $20.86 $21.43 $22.02 19 – 24 $20.89 $21.46 $22.05 $22.66 $23.28 25 – 30 $22.03 $22.63 $23.25 $23.89 $24.55 31 – 36 $23.42 $24.06 $24.72 $25.40 $26.10 Over 36 $25.11 $25.80 $26.51 $27.23 $27.98

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The company and the Union acknowledge and recognize the value and contribution that both employees and contractors or subcontractors (“contractors/subcontractors”) make in terms of the success of ADT. Each performs work which is complementary/supplementary to each other, albeit under different terms and conditions. The Union withdraws from arbitration its current grievance-01 dated December 19, 2002 in London concerning contracting out. The Union will not file any grievance with respect to any contactor/subcontractor or workers of any contractor/subcontractor, provided that the contractor/subcontractor supplies at its own expense its own vehicle and standard tools and pays for its own insurance, license, permits and uniforms. Both the Company and the Union recognize that by nature of the work performed, the Company will exercise control and direction over the contractor/subcontractors and workers supplied by the contractor/subcontractors as regards the performance of the work including scheduling of the work, start and completion parameters, scope of the work, methods and procedures, integration into the Company’s systems and product selection and that such direction and control does not make the contractor/subcontractors or workers supplied by the contractor/subcontractors employees of the Company. The Company shall arrange that any identification it issues to contractor/subcontractors and workers supplied by the contractor/subcontractors refer to them as an authorized independent contractor of the Company. It is understood and agreed by both the Company and the Union that the contractor/subcontractors and their workers are neither employees of the Company nor members of the bargaining unit and thus are not subject to the terms and conditions of the collective agreement. While no guarantee of employment or work can be provided to either employees or contractor/subcontractors, this Company confirms that the use of all contractor/subcontractors is to be discontinued prior to the lay off of any employee. In addition no contractor/subcontractor may be called upon to do work for the Company until all employees have been recalled to work. Article 16.05 2nd sentence only and 16.05 paragraph (2) will be suspended from the collective agreement until further review and discussion in the upcoming 2005 contract negotiations. As a measure of good faith and confirmation of the Company’s commitments to an employee workforce, the Company agrees to post one Serviceman II before the end of September 2004. Position to be filled as per collective agreement. This agreement will be an appendix to the collective agreement. For the Company For the Union

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LETTER OF UNDERSTANDING RE: EMERGENCY STANDBY PROGRAM

This will confirm our understanding of the above subject as agreed between IBEW Local 636 and ADT Ltd. (London and Cambridge). The parties agree to participate within the terms and conditions of the Collective Agreement in a Standby Program as outlined below:

1. Employees will notify the NDC of their willingness to accept after-hours calls. Employees are responsible for notifying the NDC if they do not wish to take calls.

2. Employees who indicate they wish to take after-hours calls will be required to accept such assignments when called.

3. Employees on Standby will be provided with a pager or other means of communication and will be required to be available for called out overtime. They shall take reasonable precautions to ensure that the device is able to receive notification as required.

4. Employees participating in the Standby Program will not suffer a loss of regular hours of work as a result of such participation.

5. The Company will endeavor to utilize regular employees who make themselves available for after hours’ calls before engaging subcontractors; however this provision in no way limits management’s ability to utilize contractors or non-bargaining unit employees to respond to these after-hours calls.

Compensation for Standby duty shall be as follows:

a) Effective date of ratification, employees will receive $25 when called out in addition to any compensation for time worked.

b) Standby call-out reporting to the job will be paid for in accordance with Article 7, of

the current Collective Agreement. NOTE: A Standby period shall consist of hours identified in Article 7.08. In the event the company wishes to terminate this LOU, Standby will revert back in accordance with Article 7.08.