. CASH &CARRY C()LL~CTIV~ AGREEMENT

NATIONAL (;ROCERS CO. LTD. (herein.~e.rreferretl tcft;~s th.e: "EMPLOYER")

Mel

... , .. . . }"E~MSTERS .. LQqAL I)NION 91 Aff!li~t~.d With ,the lnterttation~.l Brothempod of Teamsters

(.hereinafter teferred to ~llectively as the "UNION")

Effective From: September30, 2009 T(.): Mar:ch 3(), .2016'

Artlcle1

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.Article:3

Article4

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A~icle'6

Artide7

ArticleS

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.A.rti~le 1 o Anic~e11

.Article 1. 2

Artit:'le 13 Arti~fe14

Article 15 Article 1&

.Anicre 11

Arti~'~ 18

Article-19

Schedule ''A" Schedule ''B" Scb.edule "C''

Schedule i'D''

INDEX

Recognition

Union Security

. Union RepresentJtion

Rese.-vatir>ns to Maoagement

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ARiTICl::E't RECOGNITION

.1i.01 The Employer recognizes the above-named local Onion as the sole collective bargaining ~ger'jtf6r:the employees at Cash & Carry opel'ci!iohs'of the Employer as follows:

tocal .. .. :unio~ . Baii:laining Urtl~

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,AII:Cash~ Carry employee~ In th~ area formerly known as the Township of Gloucester, save arid except Customer Service Representative, Assistant Managers and persons ap(>ve tne rank ()f A~$!~tanJ Manager. an(J offi~, Cl_erical and sales staff.

AII.~Cash and Carry employees atkir,gstonsave:and except Customer Service Representative, ASsista-nt Manager,j)ei'S6ns above 'the rank' of ASsistant Manager, and office, clerics Land sales. staff:

An .Cash and Cany employees at Pembroke. save and except Customer Service Representative, A~iStal)t Manager, petso"s ?ll;)ove the n;ink of Assistant Manager, and dffice, ctE:JnC:al ~rid se~les staff;

Iff:iJJ er1Jployee covere~ by ~Is 1,\gre.errlent~llests a transfer from his own bargaining unit to onc:J of the bargainir,g units mentioned ab.ove; then-before any new employee is hired into trnttbargaining unit to fill a permanent V?tcancy or new position, the request of the employee shall be duly c61lsidered by management, provided he has _tile qualifications and ~bjliiy'~tg fill the n0nnal reqliirements of the vac:ancy or the new position. If the employee's requestJor transf~r is_granted, he shall remain credited for past service with the Employer for purposes ofvacatibn credits and the pension plan, togeffi,erwith the.group benefits in $9Jeg\.lles "C"~ Forpurposesof barge~ining unit senioritY, his name shall be placed on the . s~niorityJi.stof his new ~argalnlng unit as of tile date of his transfer. No such transfer shall be deemed to be a breaCh of Article 7 of this A9reement

t.P3: (~): N()'work will~ q:>niracted ().ut and no part-time or student help will be retained which V,ill' resulfina reduction of the working force or while other full-time employees are workir,g fewe~ f.hah the riom~al hou~. or while ~g~lar ft#ll-time employees are ~id-off arid are 'then a:v:ail~ble to,_woi'k,_prov~edt~tno einploYE:Je who ha.s _acquired seniority shaillose his seniority

by refusing tE:Jmporary workwbileon lay-oft For the purpose of this Article and Article 7.05(d). tempOrarywork shall mean a period of not more than twenty.:.nine (29) Workillg days on ea.cti ocea~iohwheri temporary work is available.

'(b) Ex~ptas stated In clause (a) of this paragraph, the Employer agrees that if is necessary to contract out any work for the Employer; such work will be cOntracted out to Qrnpa~ie$ Whose empl()ye~s'a~ 'members qf the.Tea.m$ters Union.

to4 (a) F'uif::.tlme employees are those employees who normally work the hours provided for in

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Article 12.01 herein. ' : :~:. .., .. .. . . . . ..

(~J AILmatte:rs relative to part-Ume employees shall be governed by Schedule "B" of this A..9.~emen~. unless othe~ise provided for;

Part""time employees working'in the Cash & Carty operation are those employees who normally work~thlrty-two:(32)oou.-s or less per week. AllrriaU~rs relative to part-time employees shall be

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~~vemed by SCh~dule ~~" of this Ag~eroelit unless otherwise provided for.

n~l AsU,Jc!EJnt,Js tfp~niqr1 who iShi~d oil ~:fiJ,II-UU1e .basis during the vacation J)E!riods, that isJR)ri,i"May 1stl9 S~pt~mQE!r tsth~

,ARTICt~E:2 .,UNION SECURITY

e',o~; The Employer agrees that ali emplo~ee~ oovered by this Agreement (except new employees ;dqnng theit'pi'Oba~o;,ary perio~) s~au, as a oon~ltic;:n'l ofelllployment, become and remain members Qf'the Teamsters Umon an good standing~

:New employees,shall make application for membership in the Union on cards supplied by the Local urm>n coneer:nad at the tirne e>ftJelr hiring an~ st:tallbetome and remain member of the :Q'niqnln good standing ~sa condition ofemployment a~ sooo.as lheirthirty (30) working day :probationary period has t>-een served. The application for membership cards will be forwarded :tcrthe Union' by the Employer-with tt\edues payment

."th.e Employer ~grees to dedllct from each employee~s pay the initiation fees, regular weekly :tJnion'dOas'and arrears.of Union duesJn the amount and manner specified by each Local U~Jqp's tfarter. by-laws or con~titution, asJhe a.~ rn~y ~ The Employer agrees to remit the J,n9r(~y,~de_d~cted to:lhe,LocarU_nion on qr ~fore. tt'te 20th;d~y following the end of the :fS[!piP,y~f;'s periQQ ~as,ed acc:ounting period in Whicll the monies were deducted. In accordance Witfi /eaCh Local Union's charter; by4aws or oonstitution, the Compa,ny ~grees to deduct an ~mp~pJ~qy~l to .th~ ~J,JiarWE:tei~Ung this Ag~~mentand the renewal of this A!:Jreement1 provided the.employees on the

oommittee:have acquired seniority.

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:Ct.>) The bargainfnQ committee shall consist' of the following:

;..One (1 )ernpioyeeto represent the Cash & Ca!lY stores.

(c) Th~ Employer will pay such mernl:>tus of the ba,rgaiiiing aommittee for any regular hours lost during s1,1ch n~gotiations.

~~04 Jtl~ Uriign~.m,ay select additional employees as members of tf'lls committe~. in whiCh case the 'E111ploy13rwill grant thf3m leave of abJ;ence WiU'Io.ut'PaY while attending such negotiations.

When. an emplqyee "Wtlo is cov~red by this Agreement is called into a meeting with a l'i'l~~~u~gem.Eml ~~6ri to inVestigate the emplOyee's. alleged miS(nduct or to impose discipline Qpon him, a Steward will be present during the meeting ()r; if no Steward is available, another bargaining unitemployee ofhis choice who; is then at work will be present during the meeting.

Afull:time representatiVe of the Union sh~ll be entitled to_vislt the Employers premi~s to deal with .;matters arising out of the. admlnistratic;m of this .Agreement, provided he notifies the . Manageror his designate upon arrival, and he does not Interfere with the Employers business o 'rations. 'pe, '''' ,.

:J\Rf)~(E4;. RESERVATIONS TO MANAGEMENT

The t.Jhions recg~~ the right Qf the Employer to direCt its working force, to hire, lay off, discipline, discha~. for just cause, promote, dem,ote and tran~er any employee and to r)lanage Its busineSs In all respects in accordance with i~ obligations, subject to the provisions orthl~ Agre~mn~. The t)nJon~.also .reogoii,e the righ(o,fthe l;mployerto make and alterfrom itine .to tirn$, rules and regula~ns which arejust and fair.

ARTICLE 5- GRIEVANCE PROCEDURE

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ifan-:employee has a grievance, itshail be reduced to writing on forrils supplied by the Union ~nd:giVen to.the cash &.CarryManager withi.h tE!n_(10}\Yorldng days !)f the date oY:lhe date. of -tlieciretir:ilstan~s giving rise tQ the grievance, o,rwithin ten (10) working days ofthe date that the grjf)vpr .shou!d have known of .the cii'Cl.lmstances giving rise to the grievance. Such grievance shall be taken up in the following manner: ... I ..

Step;1

Within seven f7) days of the filling of the grievance there shall be a conference among the employee, the Steward and the qash & Carry Manager. The Cash & Carry Manager shall give l)isJ;)ritl'declsion w{thln four (4) working days of su.ch .conference. Failing settlement, then witfiln four (4) working days of the receipt of such oral decision the grievance may be referred t,C> St~p :2 a,s'.heteinaftcu provided for.

Step2:

Wit!Jin seven (7) days .of the referral of the grievance. to Step 2. there shall be a conference among the employee, the Steward who'is aoncemed with the grievance, the Cash & Carry Manager or his designate. The rnanC~g'emE)n~ represe0tative shall give his written decision to 1f:l.e ljp~sen!atiVe Qf th(:l Local l)nion within five {5) working days of such conference. Failing ~~tt113.ment, then within five (5) working days of the receipt of ~uch written decision the

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step,3 Wfthin tw~nty (20) working days ofthe referral of the grievance to Step 3, there shall be a conference among the Steward who is concerned With the grievance, a representative of the Local lJhion .. concerned, or his designate, and the cash and Carry District Manager. The Cash

. ' 'ancl ~J'ry . District Man

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cdisQiplihary demotion to an employee elther at the time stich action is taken or before the ~nd .9fthe n~xt wqrklng day after suCh action is taken. A C:OPY ()f sucn notice spa II be given to the appropriate Steward and a copy_will ~ forwarde.d to_ the Union. It is .understood that in the eVent the .Employer fails to provide such notice . the notice of discipline shall not be rendered n4]1 ~nd void. .

'(c)

The: Employer shalftake disciplinary action a9ainst an employee within ten {1 O}workinQ days. of ttte (i~te of the lnqide.r't or wiU\in Jeh (1 0} working days of the date on which manage merit ~came. aware of the inciden.t

hi the event an employee is to be suspended for Performance Management related issues.. the employee shall remain qri the job until the matter has been disCLis.sed/resolved at a Third Step. Grievance meeting. In the event that the discipline is upheld, the employee will sente 'the required time and the discipline will be oonsidered on the employees rec:Ord as of the date the discipline was originally imposed.

5.1'1 . Discipline arising from Harassment or' Violence in the Workplace will be removed from an .erJll>lqyee's'fileeight~~n(1&) mon~ after the discipline was issued, all other discipline will be remoYed from an emRioyee's file'twelve (12) months after the discipline was issued.

$:1~ ~F~fl' .the pllrJ)ose .of investigating .1\lnd proces,sing an employee's grievance, a full-time . 1 rep~senbitive of. the Union and/or respective Steward shall be entitled to inspect and make

copies: of time. cards and similar work reoords which relate to thal.grievance.

!;R:'f1CLE~6- STR.IKES & LOCKOUTS ' >( ',\ ' ' '. ..~ '

a;ot . DuJing the terrn of this Agreement, the u.nion agrees that there will be no strike and the ~ ' !;Oiployc;!r ~grees that there will'be. no l()cko!Jl The terms "strike" and "lockouta shall mean

!tstrike" and "lockout as defined in the Labour Relations Act of Ontario.

'j;~;q~; lttshallnofbe a viol~tlon of this Ag~ment for~. employees rove red hereunder to refuse to em~~ picket line ~n~ perform work in any Instance where the picket line has been authorized D)' the Union picketihg.

: ARiiC"t.:E 7 SENIORITY

7.0~ Lengttl of service win be the sole determining fc;~ctor in ascertaining seniority. Seniority will be oJ'l 'a b;;ugaihing unit oasis in accordance. with Articie 1. An employee will be considered on pr0t{ation 4ntll he h~s CQmplated thirty (30} days actually worked for the Employer. After an empl~yee has acquired seniority under this clause, his seniority shall date back to the last day of tlinng.

7.Q2 -.{a) . . The. ~ntinuous length _of service of an employee in a bargaining unit shall be the d~termining 'factor in layoffs, 'promotions, transfer.s to other jobs and/or shifts; and recalls from r~ygf(provided that the E)mployee with the greatest barg~nlng unit seniority has the ability to petform the work in question regardless of the length of the assignment.

P,,YP~~on~ry, jlart-:time and studEmtemployees will be laid off first and will be the last to be . . t~~ll~c;Hrom lay-off. Full:.time employees who are then at work, shall be upgraded before part.:. time and/or student employees.

J?qr: 1ant}f, .ail eniploye_B Whp is ~o b~ laid . of ::;hall 'have the privilege of exercising his to displace an employ~e with less B~rgaining unit $~rii6tity in that bargaining unit provided he has th:e ability to perform the work of the displaced employee. This privilege c;:loes not extend to. j()!i,!;Jofwhich the employee is required to have a valid license or certificate or to be rated as a skilled {~desman..

F(b.) 1} If the Employer reduces the number of employees within a particular job ... ' .classificatiOn. or shift withoUt any resulting layoff, the affeded employees shall be

de~med tO be surplus .ancJ shall be notified in writing by the Employe(, within twenty-four '(24) hours of such redUction~ All such reductions will be made In the reverse order of seniority.

'2) Upon receipt of such notice, an affected employee shall have the tight to exer(:fse his t>argailiirig unit seniority to displace an employee with less bargaining unit ,$eniomy provideq h~ has the ability to ,perform the work of the displaced employee. This privilege c:joes not ~xtend to jops for which the employee is required to have a valid license or certificate or to be rated as a skilled tradesman .

. 3) Any junior employee who is di~pl~c:ed from his job under this clause by a more senior employee shall similar1y be entitled to exercise his bargaining unit seniority and soon; if further displacement of employees results.

4) The tri~l period ~nd the other prpvisi()I"'S, of Article 8.03 shall apply to any employee: who 'is displaced from hiS job classification under this clause ..

:5) If a ~utplus employee ~fuses to e~rCls~ his bargaining unit seniority within fiVe (5) working days of receiving no.tice under this clause; then notwithstanding any other pR?vision iri this, Agreement, he shall displace the most junior employee whose job he h~s ttie: apllity to petform. .

. 'All. employee's seniority shall oontinue to accumulate on .each occasion that he is absent J:~e~u~ qfHiness, injury or ~pp:roved absences.. ]}lis clause shall not apply for the purpose of .caleulating lin employe_e's benefits under the pension plan, and it is agreed that for the purposes ofthe pensiOn plan his.seniority shall.bedeemed to continue to aceumulate so long -~~ he remains an employee, notwithstanding his absence due to sickness or accident..

~ ~eriiority list shall be pia~ on the bulletin board and w!ll be revised by the Employer during .the months of. January and July in each calendar year. Copies of these lists will be forwarded to the Uniol1. Such lists shall contain the employee's name, his Job cl~ssification and his $tar;ting date, The lists forwarded to the. Union shall alsa include the employee's address and telephone number ..

. "l~.Q' Af!:.erfiPioYee shEll! Jo.se aU seniority and tlis employment shall be automatically terminated if he:

a) voluntanly quits the employ of the Employer;

b) is justifiably discharged;

t;) i~ laid off fora periOd of more than eighteen (18)months;

.d). following a recall from lay-off; fails to notify the E"!'ployer of his intention to return to 6

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work, within fiv~. ($) calendar days ()f the date of mailing by registered mail to him. of notice to return to work and thereafter falls to report to work within seven (7) calendar days of such ni~iling, ex~pt if the employee does not receive such notice;

ove!'Stays a leave of absence, or having a reasonable excuse, fails to notify the . Employer of such reasonable excuse;

is absent from work without permission for more than three (3) consecutive working :~aysunless trye employee has a bona fide reason;

.retires oris retired within the provisions ofthe pension plan.

t.:, . ]t :shall be the duty of employees to notify the Employer promptly in writing of any change in .their address or telephone number ()n forros supplied by the Employer. If an employ~ s~ll Jail to :do this, the Employer will not be responsible for failure of a notice to reach such

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~FiJij.;.titne ernpJ0yees will b.e given fiVe (5) working d~ys: nqtice prior to a lay-off, or fiVe (5) days l)ay ih lieu. of notice except where an employee has been recalled to replace an employee Who :i~ ternpqr:arily off work and the absent employee returns or informs the Employer of .his tlij\~Q~on t9 return to work. For the purpose of this cla~se specifically, the term "Temporary" 'shall be defined as a period of time which is reasonable in the circumstances.

:,,\~~;~1013_: ::(C]ll WhEu1 an employee is permanently transferred or promoted to a position outside his 'lh -" :liargaJnlng unit, he will retain . his seniority an.d continue to .accumulate seniority under this

Agreement for a period of ninety (90) days from the date of such transfer or promotion. After :sy9tt;ninety (90) day period, the el"(lployee shall have no aceumulated bargaining unit seniority Uflc:i~r this Agreement.

:Sfioulc;l the employee return to tlls barga'ining unit within such ninety (90) day period however, .~,ng,~ete is then rt() vacancy which, by reason of his bargaining unit seniority and ability, he is eriti~d to fill, he may displace the employee witl:l the least seniority in his bargaining unit if he has tfie ability to do the work .of the junior employee; In the event of such displacement, the j~nlot ~rilployee Will be eonsidered as laid 9ft and the senior employee will be re-classified Into tti~Jobclassification of theju!J.ior ~mployee and be paid the rate for such job.

(~) .Where an employee accepts an assignm~nt.to ~ position outside his bargaining unit or . :f#.''JeJtlpb(ar}t ba~is. he shall be returned .to hi~ forin~r 'job 'and shift on completion of such ~~ig'ntnent. B.efore any tempo~ry assignmenfof more tha.n thirty (30) days duration is made under this clause, the matter will be discussed with the Union and is subject to mutual agreement of the Parties.

In ~hE!:.eventa Gash & Carry operation covered by the terms of this agreement is partially or oompletely shut down, any full time bargaining unit employee who is displaced as a result has tt'!~ fi9N'to exer~ise .his bargaining unit seni(;lrity to displace "the junior full time Cash & Carry ~nj'ployee in the bargaining units covered bythe terms ofthis agreement, provided he has the s~ill and ability to perforrn 'the Work of the employee he intends to displace. Any such transfer CIPP9@hiti.es sha!l be offered to affe.cted employees in order of seniority. For clarity, this t(a'hsfer option is intended for Cash & Carry operations only ar)d is not intended to apply to any Wholesale Clubs operating under this agreement

,7.jQ (t:i) 7

In the event of a partial or complete closure of any units represented by this Collective

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,Agreement, the Employer shall mee.t with the Local Union involved to discuss such closure.

In the event that the Emp.loyer 9loses a Branch before the expiry date of this ,......,.,.,."",c.nt the Employer agrees to pay severance pay to tho~e employees, affected thereby

. thahfrie (5) years cOntinuous serVice and are on the seniority list of the nln\.lt:> .. r !:It' Qle time Ofbi()SlJfe ~Uhe rate pfone (1) WeekS pay for each ye~r Of Servi~ '~p tO a

...... .,..vim of fiVe thousand dollars ($5,000)~

::(9) l,Jnless otherwise authorizeq in Writing by the Cash & CarTY District Manager, these :$everan~ pay provisions shall . not apply to an employee who leaves the service of the ~ . prior to complete Closure of the Branch or who accepts another position with the

8j":~' 'tE~mi510i~er~hettterin or outside of his bargaining unit prior to the closing of any Branch.

Guarantee ofEmployment .-:-'"',/ ~- ' . ., - . ' '

)trfu~~~venf~t a C~s~ & Cany (lperation ceas_es to exist, the affected employee(s) will have . :(he. option to exerc.ise the. provisions of Article 7 .()9 of the Collective Agreement, or to accept

'the severance payment in Letter of Understanding # 3, as hereinafter provided, under the sam,e~rms 3nd oonditiom; exceptthat.ltls underst()ocl that if the employee elects to accept the

.. ($e,'l.~.~nqe payment. he.~ballb~ ~otitl~ to three {3) weeks' pay for each year of completed

.':,s$r:Vieebased on his or her hour1y rate in effectatthe time of the fay-off.

I\W"~A~},t~,~~aiQ+'':(sf, Notice of permanent vacancy will be: postea on the bulletin board at the bargaining_ unit ' ,,, :: ' \Vh~Je the vaeancy occurs~ Such notice shall ~~m~in po~ted for a period of five (5) working

and eligible. employees will . have the right to bid for the position. Selection to such ~'cxlsm ons .shSII be made~on the basis of bargahiittg unit seniority provided the employee has th~

'''"""I~Sm.,,~::tii-i do j(lb. If an employee is absent for'any re~son whatsoever, he shal.l be notified .,.,,..,, . .,. .. the job vacancy. This provision will not app!Y to employees who have been

nn:'"'"nc. excess of twelve {12) months. If an absent employee bids for a job vacancy he . be ible and available to work within s!Xty (6Q) working days of the date his biq is

Je~fVed !;>y. the Employer. Employees shall leave forwarding address.es when going on .. yaga,tiQn .

. The EmplOyer will deliverto the Steward one (1) CXJPY of a list of applicants for each posted job, $tigVVr)Jn o.rdet of senioritY ~nd will also send one (1) copy of that list to the Local Union CQI')cerned. The. !:inployer will post up for two (2} working days on the bulletin board the name of any successful applieant and will similarly give a oopy of such notice to the Steward and will aiSQ se.nd one.(t) coP)'lo the l()caiUnloil.

nt~. vacancy caused by fllll'ng the initial vacancy under Article 8.01 shall be offerec;l. to the ~n)'plo~~e with the greatest' bargaining unit seniority, provic;ted .he has the ability to perform the

, ~\V~f:k !i qUestipn. If the senior empbyee declines the position, it will be offered to the next senloremployee. and so on down the seniority list .

30-lla' Trial ,,.,, ". ,.,Y, . . A:su~~ul applicant for a posted job and an employee who fills the, vacancy resulting from

sucices:sful applicatiOn will be plaeed in those jobs for a trial period not exceeding thirty (~0) v;UJnr.,inn prpvid~d the job has resulte~ In t:r~ange of shift. For the purposes of this Artiple

as defined in .Article 12.01 (b) and the change referred to in this clause is .ml'\vlllmAnt from one shift to aoother. During suCh periOd, the Employer will extend to the errioiOvee reasonable instruction and training in the normal requirements of the job. If an ;ernn11ovee is unable to perform the normal requirements of the job during the trial period to the '...:i'!:IC!t:\n!:llnl"' satisfaction of the Employer, he. will be retumed to his former job at his former rate

Will any other employee iri the bargaining unit who was promoted or transferred as a original pc)sting.

tf~r) ~mpiQyee does not qualify during such periOd and is returned to his former job, or if he is .. re.tumed tp his former job at his own request during:such period, the resulting vacancy will be

offered 'irtorder of bargaining unit seniority to the other employees who bid for the job and who .ft~ve'tl;ie ability to do the job~

ifth~re.!s n() ~pplicant or no su~~fiJI applicant for a posted job, the Employer may then fill the vacancy, frorri outside the bargaining unit.

';\f'"'~~:1~~~~~f~~Ji;E;9 NOTICE OF ABSENCE & LEAVE OF ABSENCE : ' ' .f,,,, ....... , "' . '

. :;~;Qd t~t Employees shall be given an indefinite leave of absence without pay and without loss of ' : :4;, 1;'.; .. 't~;~~~-111Qrity v,then authorized. to se~ ih any qapac:ity'on-official Union business. Such leave of

~i~c;f::;;:;~P,~h~ .s.h~U b~ revqcable upon sevellty-t\yo (72) houn?' notice by the emplOyee~ , t ,

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i~ .. :,,;.;'{bf A.t'IY suCh leave 'of absence shall be without pay and without the other benefits in this . "'J: ;)Agre~!il~n~~ Q4t u;e employee's seniority shaU continue 'to accumulate during such leave of

.absence, provided that notwithstanding any other provisions in this Agreement or in the :Pension Plan, such accumulation of seniority will not be taken into account in calculating the :~rriployee~s P811e,fits under the Pension Plan.

:Art employe.e who wishes a leave of absence for legitimate personal reasons shall make such . ,.;~ye~t 111 \Yritlng t

'Standards Act of Ontario~

t~f~~bs (a) . The Employer agrees that in the event of bereavement In the immediate family of an e.nmlqyee, mea,ning patent/step-parent; spoul?Eii chilq; brother or sister, if the funeral is

. alte'nded,. to allow .the said employee such time off as is necessary, notto exceed five (5) ~catE:lnciar d~ys in su~ssioh ~nd to pay for the days which he would have otherwise have worked~ at.his regular ~ch~ul~ ho~rs and regular hourly rate. If the employee is unable to

. attend:the funeral, he shall be allowed one (1) day off without loss of pay.

1(p') .. Th.e Employer agrees that' in the event of th.e death of an employee's mother.,in-law or '~fcdher:.,in-law; if the funeral is. attended. to allow lhe said employee such time off as is necessary, not to exceed three (3) calendar days in succession and to pay for the days which J\e wo.uld ~ave otherwi.se have worked at is regular scheduled hour5 and regular hourly ;rate; If ;th~ ~mpioy~e is unable to atte[ld the funetal,-he-shall~be..allowed one { 1) day off without loss of )gar.

(g) . In the event ot the death o~ ~n employ~s _grandchildren, grandmother, or grandfather, .,~ ~i#tughter.:in-law or so{l-in-JaW, brolher-io-law or siSter-ln-:-law, he shan be allowed bereavement ~;:ieave.of one (1 )'day with pay at his regular hourly rate~ provided the funeral takes place on his

. J~ula~Y's9fleduled wondng day.ancl he attends the funeral.

.The Employer agrees to extend bereavemenfentiUement to employees who are on vacation . antf'WIII'allow for applicable, vacation days to be rescheduled at a later date which is mutually ag~~ble to th~ employ~e arid. the employer.

tn the administratiOn of Article 9.06 herein, it is understood than where an employee works a fli.~~tother tf1an the day shift. the tel)il"days" shall mean "shifts" .

. CtE: 10,w.VACATIONS j . .. .

~[:; "-D~ -~1.QJQ~: , (~} . . :Ea:iCh .empl~yee who; as of De~rnper 31 hi any year, has been employed for less than :~1r t( ~;;},!ope '(1}y~ar 1s entitlE;

. !

(f) E~cl1 ~mp!oyt,le ~llo, ~s qf December 31st .in any ~ear, has been employed for thirty :(:30)\years or more will be::granted a vacatio.n of six (6) weeks to be taken during the following year~

,:(g)_ . . V~cation schedule~ sha,ll be p

(b)

an emplo~e .. Y(ho Is entitled to two (2), three (3), four (4), fiVe (5), or six (6) weer.

..

. :day in::lieu tbereot Employe~.s Will be given a choiqe of payment In lieu of the day or :all alternate day except as shown below, provide the employee gives the Employer Jiy~ (5l wpJkiog.days notice of his choice, including the day on which he gives such ~notice ~nd flutller pn>vid~d \flat the alternate day must be taken within six (6) months

. :ofthe da)l on Which the Paid' HolidQ.y falls. Thefollowing are the exceptions:

(lyring the perio(j Jun~ 3oth to Septenib~r 15th (no management aUthorizatiOn will be given);

diuing tile Christmas - New Year holiday season (if authorized by ro~nag~ment).

. ~io:o4 :In 'thi!f' event an employee is off work and in receipt of Workers Compensation or ,, . ]pe'!'fefits under the weeklY indemnity insurance or the lorig term disability insurance

J~t~rred. t9 'Jn Sbhegul~ "9;; Jo t6rs Agre~mEjnt, ~~~ such thne off work shall, for the pu(ppse of :calctlfating vacation pay; l:>e de~rned to:be:time worked at the employee's

, .::; ~ ~ :~41Sr:hourly rate of pay to a maxknum of twenty"-Six (26) weeks in any calendar year, ' ,,;:::. >' . /prQy~d~d ~e hc!$'W6rked a minimum of thirty (30) days in that calendar year.

4ri:::*~~;~o1os!~if;am\empl()yee Is prevented from going on his scheduled vacation In a calendar year :( ~ .~,; . :~:~,q~~l9fai"i)' of the events in Article 10.04, such vacation shall be rescheduled upon l :''':.~:>5 .. .. ;: , .. Jii~(~e~m tp WQrk, provic;lgd ~ ~~rm; ~in !hat caleod~r y~r. In ~ny case, .the f '~l'r:JpfQye~ remains en~tled to vacation pay.1n th~ ~fTIOlJnt provided by this Agreement j . , ~~mi?loyees who are absent for one (1) .calendar year or more shall not be entitled to . ,vacation pay. 1 '> ',. '

:, L ... :~_ .. ,.:,,:

t t . i

The following Paid Holidays will be granted to all full-lime employees with pay after they t.~v.;,(:m,mn.lf:>t~~t'l theil'prbbational)' period:

. ;f,l.JIHime ~mployees liired prior t() May 27~ 2010 wlU receive a "Floater Day" to be taken at a . "time mutually agreed bE:ttween the employ~ and employer. An employee request to take their 'Floater Day Will be subject to the Employer(s) need to maintain a sufficient workforce at all timei~,'putotherwl~e Will not be.u.n.~a.~onably t:IE!I'li~d.ln the event a location is closed on Civic

;~~y)f~il tjrile empiQ~$s hire.t:l prior tO May 21; 2010 shall.be entitled to use their floo,ter on that -d::.y: .Jn the event that the federal or provincial govemme;J~ shOuld declare any other day(s) a legal

. J)oJid~y. the Employer agrees to recognize such d~y(s)as a Paid Holiday.

(R).

'iiJ

iii)\

A sChedule will be developed for Paid Holiday observance by mutual agreement be~en tt;e COmpany ahd the Union. If tl)e Parties are unable to agree, then the Emplqyment Standarc;fs Act of Ontario will pre~ if.

To qualify for pay for a .Paid Holtday, the employee:

musthave.beenin the employ of the Employer for three (3) months;

inu~l Work his last scheduled. working day preceding the Paid Holiday and his first scl;leduled working day after the Paid Holiday, unless he was absent with permission, which includes legitimate illness;

must have performed work ()n at least twelve (12} days in the four (4) weeks immediately preceding the Paid Holiday, excluding the Week.ih which the holiday falls.

(p} .An employee who is in t:eeeipt ofWotkers Compen~tion or weekly indemnity ben~fits ~~~r~ paid the differen~ be.t.Ween payment received by Workers Compensation or by weekly incfemnity'and the pay he would have. otherwise received had he not been absent. provided he

. has worked within fifteen (15) days priortothe Paiq Holiday. .

(c) . Should a. Paid. Holiday occur during an employee's 'leave of absence, he shall not be paid'for such Paid Holiday.

. . 11.,0:~ lihe basis of payment for each of the above holidays shall be one (1) day's pay.

~1';.Q4 .l.n~;ye~r When any Paid Holiday falls. on Sat~n:fay or sund~y and the Employer does not qb~rve s1,.1ch hqlidayon an alternate day, the holiday will be observed as a floater to be taken

by -the employee on an individual basis 011 some day which is mi,Jtually satjsfactory to the E;fi:iployer anCI:the employee. Any such floa.ter may not be taken in a week in which another

F,laid'!Jioliday isob~f\leq (!,.In less approved by the Employer) and in any event, the employee is

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(~iititltl(l tcfb~ paid either for the holiday or the floater; but not for both.

:f1~io5Y j{ a Paid Holiday falls wlthiir an employee's va~fiQn ~riod . he will be paid for .sucl1 (jay or, at . . .:the sole option of the employee; he will be ~ranted ~oother. day .off in lieu ~hereof. If t~

. .emplo~e:elects to accept $noth~r day off, it is ~nde..Sttlqd ~at the ta,king of such day shall be

.. ;~t~a"ijr:oeJo be rn~:Jtually agreed upon I:Jy ttae Employer ahd' the employee.

The regular workweek for full-time employees, shall normally consist of forty (40) hours :Mr'l~i~tinn' (jf fiVe (5) days. of eight (8) hoUrS or four (4) days of ten (10) hours, from Sunday to

'3)

For the purpose of this collective Agreement the following definitions shall apply:

th day shift shall be any shift that

L. ,L

H)

iii)

iv)

v)

the parHime employees.

In the event thatthere are not sufficient: volunteers, or if more employees are required, the work will ~en be offered by bargaining unit seniority to the remaining employeeswho are (hen at work and who possess the immediate qualifications and ability necessary to perform the work -first to the full:..time employees, then to the part-time empl_oyees.

to other employees who are not then at work -first to the full-time employees, then to the part-time employees.

When,an employee accepts an overtime assignment, he is required to work the period he has accepted unless excused by management.

When an employee is sl*ed to WQrk overtil:ne,_he will be informed of the pel:iod of time his services will be required, and he will be paid at the applicable overtime rate for not less than that period, provided he performs the work. If the employee. is prohibited frorn performing the work as a result of circumstances .beyond the control of the Employer, he shall be paid for the number of hours that he was offered, to a maximum of four (4) hours.

, . 1~,Q7: J}le. ~plpyer shall gu~~htS'e to provide forty ( 40) h()urs of work each week to. each employee who has acquired seniority and who is scheduled to. work the full work week and who reports for-work on time, Who Is available to work the full week and who iS not displaced by another ~'rilplo~e~ pursuant to the provisions of Article 7; provided the employee perfonns whatever work is assigned to him. Such guarantee, .Which is exclusive of overtime, shall be reduce by eight (S) hours per week in any work week in which one {1) of the Holidays in Article 11 is oQ~rvec1;

f2;08 Fodfie>porposes of calculating the pay .of an employee who works overtime and the pay of an ernp!Oy~ wh() I~? .late reporting for worki the hour sh~ll i:)e deemed to be divided into twelve

.. C12ftlnill? of,fjve (Q) minute.s e~ch and the follOwing sMII apply: '

'a)' no overtime shall be paid where less than fiVe (5) minutes of overtime is worked and thereaftefQ\Iertime shall be C;;tlculateq and .paid" to the nearest.full five {5} minutes of ()Vertime wQrJ

1i'nmnl!.stu-,n ol his regularty sclieduled shift h~ will be granted a paid fifteen (15) minute rest ,,:::,:r.;;A'ri"lrf,,l,inti l'l oompletion of suCh overtime and thereafter 'he will be ~ranted further paid fifteen

re.~t periods for each C()mpleted two {2) 'hours of overtime, excluding time spent on restperiod.

mDIDVI;!es whO are absent from WOrk 00 VaCafiOI"', leaVe Of absence, bereavement leaVe, . .. . shall not be eligible to work overtime. For clarity, an employee shall not be :;con~idered for overtime during the period commencing with his. first regularty scheduled shift '.:tfl~Fti~',:is' absent ahd ending upon his return to work from any of the absences provided for

/-" ''"' .. - ... ,... . ' ... - ' . 'herein.

,12~t1 . It is underStood and. agreed that in the application of Article 12.04 herein, if an ' ..... .;. employee is (ate reportir)g fQr work .and overtirne ir; available at the end of his regular shift he . ,!::'i~~1:\~11~ eligible to work tne overllme in .order of his. seniority except that he shall be paid

"' ~~~~19hrtimeJor hour$: worked until h~ has worked his scheduled number of hours for that day. ',,, :L :.;, ~' ipremium; iri ~cyprclance. with the. following conditions:

:':it,f,1~t:,: . :}. such time off shall be taken at a time which is mutually agreeable to the employee and th.~ EmployEJr,

'6) :such time must be taken before Deqember 1st of the year in which the overtime was earned, orttie employee shall be paid for such overtime.

~ .

. . . :;1~.JS1' ~~.r;ting ~nd quitting times ~nd the arrangement' of shifts are to be negotiated between the , partiesateach Cash &Carry;

'12::11 .Cash 'and Carry sche,dules will be arranged so th~'d eaCh full-time employee will have every < . '' :sePQI1d~Saturclay oft d.l!ty,

, t~~~f full #Ill~ employees \\fill be schf3duled',two {2) consecutive days off when scheduled to work on :Sl!nday e)!:qept by ml,ltual agreement to schedule otherwise,

'1~::l~: Full t!roe empl()y~esmay be design~ted towork.up to three (3) evenings per week beyond 6:00 p.m.:J()r customer t;hopping convenience .. Where the Employer dete.rmines th::it a regular

''~~Veriing'shifts\of (5) nights per week is required such shifts, in the absence of any volunteers, } '.bal!~be sdtleduled .in reverse order offull time seniority provided the juriior employee has the

. ~kill anctability to pel'fqrm the scheduled work .. Full time employees hired after May 27, 201 0 ~,;;::ffiayJje scheduled up ti:>.five (5) nights perweek beyond:6:00 p.m. for customer shopping 1oonv~!lierice~

.:-:~13:;0~11 .:employees shall be paid each week during working hours and e.ach employee shall receive a .. .~ .~tat(;)rrientUsting. his sbjight time hours, overtime hours, weekly rate plus all deductions.

'1~a:o2 JhetCOmpanyi at it$ di~tion, may ~nimes provide for incentive bonuses. It is understood . . ;that:'#iese bOnuses Will not be applied iil ~a discriminatory manner and will be applied to all .. ;;:,:.:; ~'~liQigl~Joll~tim~ employ~s ~lid may be extended. to eligible part-time employees.

, ~:.:~4r:~Jt~;~ .. ~;:. . . . , XP~1~1There:.shall be no pyramlcfing of any premiums provicied for in this. Agreement.

,, '~:s:wf A:f~ll,ljme t}mploxee Who is assigned responsibility fat the store by the employer in the . ~b$'ence ofnumagement dl.lring the normal operating hours shall be paid a two (2) dollars per

; liouq)remiumon such hours.

Jf:i':\he event ~h elllploy~e attends the store in resp()nse to an alarm call he shall receive a .,rnihirnumoftWo (2)hours pay at his regular rate of pay. For clarity, these hours shall not be \/consid~red under the overtime provisions of this agreement and shall be paid at straight time.

Att~.,..,~~"' hereto arid .forming part of this Agreement is Schedule "C .. outlining the health and .wAit.::~rP.,.hl'!m ... :rt.l 1ts for Cash & Carry employees under this Agreement.

~'1~tog; :(aJ The:_ Employer agrees to provide clean c:snd sanitary facilities in respect to lunch ~;~nd wa~l:)rppms, and. employees agree to keep thetie facili~e.s In proper condition. A safety

g:>n:trnitteeofone (1) employee from eaCh shift shall be established. The duty of the committee ~half;belO' inf()rm tl:le manag~ment of any un~fe conditions~ The management shall maintain ~qrl9ng Qndltions anj:f pl~nt fadlities that are collducive to th~ safety, health and welfare of the emplOyees

(~) The parties agree to maintain the Johit Health and Safety Committee as per the OHSA of:(l)hbii:io.

the 'E:mployerand the Unicin agree to co-operate with ea9h o~her in order to reduce accidents. 'It 'is: f1'fred that all employees shall be responsible to report immediately to their Safety Gmrni~ee any defec;tive ordang13ro~s procedures that may cause accidents.

. . lts~~ll:be the duty of each employee to report promptly, to his SuperVisor, all injuries he suffers rpg .all accidents involving .the Employer's property and/or vehicles which occur while 'he is on duty:

;~'4~0.3' J::h.6 Employer agrees to provide. first-aid supplies as required by the Workers Compensation ~Ct in areas readily accessible to employees.

14;()4 .Any medical examinatiOn reques.ted by the Employer shalf be promptly complied with by ,the empl9y~~ provided however, that the Employer shan pay for all such examinations. The Employer reserve~ ttte rihtto select its own rn,~diqal examiner or physician and the Union may; ifirr'its opinioQ.an Injustice tJ~s been done an ~mployee, have such employee exami~ed 'al'the t:ocal Union's expense. The employee eoncemed, the Local Union concerned and the . $mployet shall t?e. entitled tp, a oopy of the report of any such medica~ examinatjor'l; In the event the examinatiOn is held during an ~r:raploy~s ~gulady scheduled hours, the Employer :will reimburse him for anyregulaf'ly scheduled time spent while attending for such examinatl,on, :uploa I'IUiximum ofthree (3)h0ui'S~

' ., c '. ~

t5:o.t Ab1JU4etin b.oard. will be provid~ by the Employeqit each Branch or other operatiOn forthe use .ofih~ LoJ~al Union for calling meetings etc. AJI noti~s shall have the approval of management

~.prfor to the.postirtg thereat

15:02 :Jteli1PloyeesarE!l1!!qiJired to be c:oveted by a fidelity bond, the cost of such bond shall be borne .byJheEmployer .

. ' >: . ~." '

15~03' :eustorriE!~ of the EmplOyer will nat be permitted to come Into a warehouse and assemble their . bwn.9raers;.

L 1.5:04 WhE:Jn an employee is: unable to report'for work as scheduled, he will notify Manager or the .. . . effiplbye~s supeivisot as SO:on as pos5iple and. Will giv~ the reason WilY he is ~nable to report.

'Follqwing:an absf!:n~ from wqrk.~eqa~~ of ~ccidentor illness which Is in excess of two {2) consecutiVe working days, the.employee Will giVe. management not less than one {1) Working ;daSfs,''rtptiee ofhis intention to tet~rh to work. . '

15:65 ''Except for jobs for which the employee is required to have a valid license or certificate or be tate~ as@ s~illedJradesman, the Employer will giye the first chOice of job training to the senior :~rnPIPYee wt~hihJ;hifts, provided:

a) man3Qement has identified a training requirement, and

p) . tt\e senior employee wish(:)S to ~ tf:;;lined, has nqt previously undergone SUch training and is willing to Work in the job for which he will be trained.

lf,~tl employee is unable to dernon$trale prtig,ess in the course of training, or is not adaptable :to:,tf1e jpbfor which. he. is being. tn:lln.ed, he may be removed from the training and the opportUnity will then be offered to the next senior errfployee . ...

WtiEmll~\Y JYp~s of~q\Jipr:nem .~,... introdt,J~Q~ or ~chnological changes made, appropriate :qla.~s~i~tion~:~nd hot,Jrly rates snail be maUers for negotiations .between the Employer and the Union~ lfthe Parties fail to ~gree on such. classifications and hourly rates, the matters may be ~felTed to a.rbitration by eith~r Party. Pendhig ttle c;lecision of the arbitrators, such new olassifications and rates shall not .be implemented.

!i:(ho c.as~ will.an erripl()~e's. hourly (at~ l;te. (E3dti~d by reason solely of the application of this 1~use reg~rdles~ of what classification he may have. lfthe new classification carries a higher rate he will receive the new rate. If the new classifjea~6n cl:lrries a lower IJlte I h{S current fate e.' the~rr~ of the change:wlltte_mainhis personal rate and he will receive it until he accepts ahotoer 'positi()n, at which time the pen;onal rate will be permanently discontinued.

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1s:o7, Allledters ofunderstanding and intentgl'len during negotiations shall be considered to be part ~~fthl$ Agreement and therefore arbitrable.

'1'5.08 Where the masCIJllne prpnoun is useci in this Agre(ilment, it shall be deemed to include the feminine;

, ~15rt:)~ ,6.~cfiEKii hen;tto and,'forming ~rt of this Agreement are:

Sc~dule" A" -Wages & Classifi~tions Sbhedi,Jie "B"- Ptu't-tim~t& Stud~ntEmployees: Schedule)'C" -Health &Welfare- Pension (Cash &.Carry) :$chedule ~D"-Wholesaie Club COllective Agreement

. :.AR'tl0t.;E1~.16 JORY .DUTY

1E$~01, Aneniplqyee who is required to servEfopajury shall be. compensated for days actually spent ~orfJury'tii.Jty.when he wouldot~rwlse.have been at work.

1e~O~f SiJch emplq)!ee shall. receive the difference bebrveen his jury fees and his normal days pay for thattime'newould havabeen regularly employed had lie not. been serving on the jury. The

~tnr.J{qyee shall be ~ql]ired to report immedic;itely upon beirig excused. or released from jury dlJ1 When such reporting is reasonable under the circumstances.

16~Q3 Tf'i.eJ.11Sirn ofaQ employ~e shan be verif~d by p~semtation of his jury duty cheque; however, no ;payme~otshall~madeforanyhour.forwhich theernplqyee receives compensation by the 'Efllployer for any. other reason. Paymenf.shall not be. withheld pending submission of the jury dlitY ch~qt.ie.

. . .. 1'6;o~'" :Any ~ployee subpoenaed to attend as a witness on behalf of the Employer or the Crown shall . b~~ef'ltitled. t6 the difference t)ebrveen hi$ witl'l~ss fee ~nd his normal days' pay.

@!I&Le;:il7 ~ UNIFORMS/BOOTS

1.7:~01 (~' . .. SafetY sho~~i).r bOo~ Y!illt)e wom by.eaCf1 employee while on duty, as a condition of :~mplciymenf. Thf: Employer will paye.ach fuiJ .. fime employee $90.00 in February of each year toward.s the purchase of safety shoes or boots~ Ills agreed that safety shoes (,lr boots are to be. maintained in good condition.

(b) If an employe~ s~,safe~ty shoes or boots are damaged beyond repair due to some work . retated;condition or incident,. the Employer will replace them, but not more than once each

QSJertdaryear; It is understo()d that thE! term wart

and wilf replace.such items as requited.

(g} The E;mployer shill! provide ov~rans to those employees Who normally work in the Produce area.,

Jf,the we~iiilg of saf~ty hats i~ required by D.O.L the Employer will provide C.SA. approved safety hais:toall employees .free of ~arg~ .. Su~h ha~ are to be wamby each employee while on cll.ity; An employee is responsible for his s:afety hat in the same way that he is responsible fqfotn~ipropert)t-ofthe Employer which is supplied for lise by employees in the performance ot;'thelr 'IJQrk.

ARTICLE 18., NO DISCRIMINATiON

1:8.01 'the ErnpiQyerand.d'te l)nions ~gree thatthere \\{UI be no discrimination against any employee eontrartto the Human Rights Code, R.S.O. 1990, provided that the retirement of an e:~ployee Withi11 the pfoyi~ions of tlie pension plan shall not amount to discrimi.nation .

. AR'FIOlE 19 .,TERM OF AGREEMENt

19:Q1 14nlt:t~s:chimged by mutual consent; this Agreem~nt shall continue in full force and effect from tQ~ ~pt~'f!tberao~. 2009, !Jrtl.ess otl1efWise p'rovii;ie.d fo,r. until the 30th day of March, 2016 and shall; cqntih~e a~t()matic:alfY thereafterfor one (1 ):ye~u periods unlesspne (1 1 Party notifies the other in writing Within a period ofninety (90) days Immediately prior to the expiration date that it d~s!~t; tp ~meno the Agreement

19.62 NegotiatiOn~ shall begin within fifteen {15) days following notification for amendment. as providediforin the .preceding paragraph.

~~~03 J(, purst.Jant to the negotlatiqns, an agreement is not .reached on the renewal or amendment of this1\.greement orthe,making of a new agreement prior to the expiry date, this Agreement shall CI:)QJ,ir:lue~irl'fuJI.f()tce an(j eff~~runtil. a new ag.reement i~ signed between the Parties or unless o.h.iliation 'proce~ings p~cril;)ed under Jhe Ontario Labour Relations Act have been completed,which everdate.should first occur ..

l~;Q4 Jhi~ Agreement s~ll ensure to the benefit of and ~ebinding upo e Parties hereto and their res~ctiV;! !?.Uccessors and: assigns~

/;.,... ..

: ... '

. '

SCHEDULI: "A": WAGES& CLASSIFICATIONS

.Afr1 Full-timedas5iflcations & Rates of Pay cash & Garry

21.

FqlloWing,are; the minhnum ho~rty rates ofpay for all full-time Cash &, Carry employees covered by the teliiis ofthis Agreement hired prior to September aoth ,1995:

" At Sept30, septao. Sept30, Sept3Q, Sept30, Ratification 2010 .2011 2012 2013 2014

t8.15 18.30 18.45 .. 18.60 18.75 18.90

Full time &niployees hired prior to September 30111, 1995 will be eligible for the following lump sum payment:

At ratifica:tion ~ ~e.pt 30, 201Q'. sepf:36, 2011 set!t~~. 20.12 Sept 30,2013 Se l30 20.14' . p ..... '

$700 $700 $700 $700 $700 $700

:b) Followin~arelhe minimumhourty rates ofpay_forall full-time Cash & Carry employees vef~d bY the terms of this Agreemerithired after September 30th. 1995:

At Sept30, Sept30, sept3o, Sept30, Sept30, Ratification 2010 2011 2012 2013 2014

:start Rate 9.75 10.75 10.75 10.75 10.75 10.75 e.:months 9;as 10.85 10.85 10.85 10.85 10.85

1'2:rri(.lntf1s '9.95 10.95 10.95 10.95 10.95 10.95 18:months 10.05 11;05 11.05 11.05 11.05 11.05

. 24mohths 10~15 11.15 11.15 11.15 11.15 11.15 30'rrionths '10.25 11..25 11.25 11.25 11.25 11.25

aamonths 10~35 t1.35 11;35 11.35 11.35 11.35 42months 10.45 11.45 11.45 11.45' 11.45 11.45 48months 10.55 '11.55 11.55 11.55 11.55 11.55

. 54 montliS '10.65 11.65 11.65 11.65 11.65 11.65. . , ~o months 10~75 11.75 11.75 11.75 11.75 11.75

66rnonths 10.85 11.85 11.85 11.85 11.85 11.85 72,mooths 13.20 13.40'' 13.60 13.80 14.00 14.20

Full time ~tnp[()yees hired after ~ptembe~ 30111, 1995 will be eligible for the following l1.1mp sum payment ,

At ratification Septemberao. 201 o ~~pte.mt>er-3o; 2lh1

$400 $400 $400

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.. ,,,

;

'

September 30, 2012 $400 September 30,2013 $400 September 30, 2014 $400

kQ2 . Part.:tirne Classifications & Rates of Pay Cash & Carry

' .

The followiryg represents the; minimum hourly rates of pay for part-time employees in all to~tK>n~:

Houts Worked

... Start

500+

.. 2500+

aooo+ . 3500+

: , ):{000+

.4500+ . 5000+

At 'Ratification

9;75

9.85

10.00 ... 10.05

10.f0 10A5 10.20

10.65

Sept~o, 2010

'10.50 10.55 10.60 10;65 10.70 10.75 10.80 10.85 10.90 10;95 11.00

sept3o, '2011 10.50 10.55 10.60 10.65 10.70 10.75 10.80 10;85 10.90 10~95 11.15

sept3o; .2012 10.50 10.55 10~60 . 10.65 10.70 10]5 10.80

. 10.85 10~90 10.9.5. 11;30

Sept30, 2013 10.50 10.55 10.60 10.65 10.70 10.75 10.80 1.0.85 10.90 10.95 11.45

Sept30, 2014 10.50 10.55 10.60 10.65 10.70 10.75 10.80 10.85 10.90 10.95 11.60

'1ne:below:a:rtfthe minimum ratesofpaY.:applicab!e to Part lime Student employees hired after ~M~y2'h2.01P.. . . .

:-.-: .. , ... ., ,,, .

Ratification $ept30, Sept30, Sept30, Sept30, Sept30,

Hours 2010' 2011' 2012 2013 2014 ".,. .... . Worked

1.:,1300' $K90 .$9~60 $9.60 $9.60' $9.60 $9.60

1301-1950 ", ~. ,. . . . . . $8;95 $9.65 $9.65 $9.65 $9.65 $9~65

1951t $9;()0 .$9.70 $9.70 $9.70 $9.70 $9.70

A student is define.das an employee under the age of 18 who Is aqtively undertaking a course of SttJq)'~

J;Jpqrl ree~phihg thelr.'181h birthday or upon pennanenUy ceasing to be a student an employee will move from the ParfTirne Ernployee.Stt.ident wage progression to t.he regular Part lime wage progression for er:Qplo}'f~s h,,ii'ed e~ttr May 27,201.0 at the wage rate dictated by their accumulated hours."

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SCHEDULE '18;' PART -TIME & STUDENT EMPLOYEES

.. S:Q1 The Union and the Employer agree that part-time and student employees are not entitled to any of l~~ rights or;ben~fit~ qfthis Agreeme~t. orany Schedule to this Agreement, unless

:specifically provided for .

~r ' ' : iiuj2 Th~:Jollo\\ling are the terms fJrid conditions relating to the employment of part~time employees !t;.:;:~~;,;; ' ......... and' students~ htheeventof a conflict between the terms of this Schedule and the main body

of.this.~reemenfot'any Schedule thereof, the tenns of this SchedUle shall prevail.

s)l3 Tt:te Employer ~grees that i,t,will n.othire part-time employees so as to displace regularfull-time

_):.; .. ,_;

emplpyees. Further, the status of a Cash & Carry part-time employee shall not be deemed to : ., :t;j~ ch~nged because he w9rks 'in excess: of thirty-two (32) hours per week in any of the

fdflo\Vlhg ~itcums~f.ices:

a} he iS repiBclnQ a fuJI:.time employee who is absent.on a temporary basis or on vacation; or

'bJ as:tt:te need reqlJires, in the event of major promotions, relines or instruction: or . ) d .. .. k' . d . g lJnn,g pea . peno ~.

.RP~ 'It is agreed

'12:11 14;04 17.Q1(a} (1St ~entence only) 17.02 18.01

*lt:isagreed thaHhe employment ofa part-time employee during his probationary period, or the, employmt.uit of a stUdent may be terminated for any reason at the sole discretion of ::the Erraplc)y~f:.~nd nQ arbiti'cltor or ar?ltrati()n board, or any other administrative tribunal shall have jurisdiCtion.to entertain any grievance filed as a result of such termination.

B .. Q8 EX~pt for the. period April 1st to Septernber 3oth~ students shall not be employed to work full-tirrie, tbatis, on tht; basis of fOrty'( 40) hOL!~ pel"' week.

8.09 A part.:time emploee is a person Who reg.ularly works not more t~an twenty-eight (28) hours ~r''Yeek. The status of a part""time employee shall not be deemed to be changed because he wd~i.~~)(ce.~'of these holjrs In aoy gf the following circumstances:

he ,JS.replacing an employee who is absent in' accordance with the provisions of the C()ll~cfiVe Agreement:.

he is covering .of for a fuu;ume employee who has refused a recall to work on a temporary basis as prtwideel for In Article 1.04 (a) hereof;

). on afl,lll-tirnt:i baSiS d"'ring the period May 1Sfto September 15th.

s~~Q: ) .. studeint.shaif not aequire .seniority under' this Collective Agreement, or this Schedule, by . ~~~qn:'only of his employmeht atiririg the summerva~tion period.

(b)

(c)

(i;f)

24

After a part.;tfme empioyee has actually Worked, in any twelve (12) month period, excluding Me~y 15lto September 15th~ ato~! of three hundred (300) hours; he shall~ ge,EJmelftp haVe a.cquired S!!)iliprityfor the p~rposes of this Schedule and his name shall be pl;:u:~p on the seniority li!;;t mentioned ~IQw.

Asep!=lratesenlority list will be established for part-time emplOyees and will be revised by ~~e 'E:mployer at least every si)(' (6) inonths .. Such lists will show the employee's name: and his last date of hire .

. Hou.rs of work Will be assigned to part-time employees according to seniority, provided the ~enior employee has. the ability nec;eSSary to perform the normal requirements of the job.

Aft~( a parHirne ~mpl.c)yee has adquired seniority, as defined herein, he will be entitled to bid for permanent job ~acancies and newly cre!=lted jobs which are posted In accordance with Atti~e 8 ofthis.Agreement. If any posted vacancy or new job is not 'f}lled ~y af911.:tih1e employee, and SUCtl Vapancy or new Job is. intended to increase .the complement: of the full~time bargairling unit; then the Employer undertakes to consider the part .. tlme employee who immediately possesses the skills, ability, knowledge, ?Cc)mpetence and qu~lifir;Stions to perfortn 'th(;l normal requirements of the vacancy or newJob.

Whe~ver .a part-time ~tn,ployee is converted to full-time he will be. credited In the full-'tlme bargaining unit for senioritY purpose$ witt) fifty pt;Jrcent {50%) of his'seniority up to a maximum of one {1) year, and upon such conversion, he shall not be required to serve .l:l n~w prob~tionary period as though he were a new hire. Such seniority will then apply- iQ th~. full-time unit in, lfl~rdance with the terms of the Collective Agreem~nt, exeept vacations, provid~d that such seniority shall not apply to the waiting periods for benefits as set oUt in Schedule "C" to this Agreement, and any such employee shall be (j~tned to:t;e ~ new hireJor.(he purposes ofSchedule "C".

A1part;.time employee who has acquired seniority under the provisions of the collective ag(~emeht,s~lllos~an Senio~,tyandhis emplqyment shall be automatically terminated if:

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he volun~rity quits the employ ofthe Employer;

he is dischargecl~:~ncl not relnstat~d ttarough the Grievance Procedure:

he is laid off for a period of time equal to is length of seniority to a maximum of s{x (6Jmoriths:

following a recall from lay-off, 'he falls to notify the Employer of his intention to ~fum to W()rk wilhin five (5) calendar days of 'the date of mailing by registered lllail tq ,him,pf.no~ice to return to wo~ aod thereafter fails to report to work within seven (7}calendar days of such mailing;

ht3 overstayS a: leave of ab~ence Without an excuse which is acceptable to the Employer;

h~ refuses ah. 6,ffer of work on tl:tree {3) occasions within any three (3} month pe(iod:withoutproviding a rf)Ssonable excuse.

t{}4? R~94~:rpart~titne employees, will be offetetf., in :pnority to students, full-time employment during th.E!f p~t:i@ of Mcjy 1stto S~ptemJ)er 15th prqvided lt1at they make a request in writing to i'riiingementforsucl1emp1Qyment .not later, than March 1st in each ye~r.

8.13- rQVe,r:fime is voluntary for part.;time emplOyees and students. A part-time employee or student s~~~~ be paid at the r;;tte: of one and one-half {1.1/2) times his regular hourly rate for all hours wo~ed'in e~qeS$ of eight (a) ho.urs.in a d~y anci in e)Ccess offorty {40} hours in a week.

8.14 Unless otherwise. agreed between the. Employer and the Union, part-time and. student emplqyees shall only be utilized on establis"led shifts.

t15 Part~timeCSsh & Carry er:nployees who have oompleted 1000 hours of work will, on a one time t:Jas,i~. re(:eive a $90.00 safety boat allowance upon. presentation of a reciept

25

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SCHEDULE "C'' HEALTH & WELFARE- PENSION (Cash & Carry).

As used in the Schedule: ...... .,.. ' .... ' ..

(o)

the expression "bargaining unit employee .. means a full-time employee who is within. one of th.e bargaining unitS in. Article 1 of this Agreement; and

the tenns "part~time and student emJ;Hoyee" shall be as defined in Article 1 hereof; and

part-tim~ and student employees . are not entitled to any of the benefits hereinafter provided'for, unless expressly provided for otherwise

,c:Q1 B~rgaihingUhitErnployees

2'6

l.ife Insurance & Accidental Death & Dismemberment

Fu.ll4ime.employees hii"edon, or before ~ptember 30th, 19Q5 shall be provided with Life Insurance In an amount equal to two (2)limes the employee's base annual salary.

Fllll.;time emplOyees hired after September aoth, 1995 shall be provided with Life lhsurance in an amount equal to one {1) times the employee's base annual salary.

: t=ulffime emPioYeE!S hired on, or before September 30th, 1995 shall be provided with an Accidental Death & Dismemberment insurance in an amourit equal to two (2) times the employee's baSe annual saiEUY in addiljon to the Life Insurance.

Fuil~time employees hired after Septemt;Jer 30th, 1995 shall be provided with an ,A~itlerttal Oe~th Be' Dii>.IT!Elmberment insu.rance in an amount equal to one { 1) times the employe~~~ ~)sse emnu~.l salalj' In addition to the Life Insurance ..

V'l,eeldy frlCfemnttv Insurance .

1.'

(a)

J:ffeetive January 6, 2002 the Company will provide the following benefits to tf:lose full time emplo~ees who are active Qh the payroll on or before September 30, 1995:

An: insured emploYee who is totally dis~bled and unable to work due to sickness or an acc@3pt not mmen9(ng on the first dejy. of abSence due to an accident, or the first day of hospitalization, and the fourth day of absence due to a sickness. The amount of the t>en$frl Q.nd ~ m~xhnum period for which the benefit is payable shall be as set out in the following schedule:

2.7

' Years of Continuous Full~tinie Employment with the Company .. . . . . . .. ... ' "

:AtL~~t But Less Thaf1 Amount of

Weekly Benefit Maximum

Period

Fitstoftlie: month '~ii~Xt:tortoWin

3years 75%ofbasic weekly wage

26weeks

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The pi~Hf Will pay sixty;.~~~ andtwo-thitds percent '{66 2/3%) of the employee's basic eamings to a maxim4m of $550 per week for. the first two (2) weeks, then Unemployment inSurance will pay fifteen :(15) weeks, then the Plan will resume ,payrhettt$ fqrtllirty~fw~ (~?>weeks .

'EffeqtivE;~ JanuarY 6, 2Q02 the COjilpa11y Will provid~ the following ben~dits to those full 'time.employees who are active onthe payroll on or before September 30, 1995:

~I.;Jppn @~i~tarad. approv~l pf th~ insu~r pf .due proof that an insured employee has be.CQme totally and qqnttm~ously d~sabled for a period of twenty-six (26) weeks, a monthly benefifshall be paid to the employee until the earliestof the following dates: m .th~ pat~ on which the en1ployee span cease to be totally disabled; i'(iil the date on which the employee attains normal retirement age;

~(iii) the gt~ of the employee's death.

:total disability ,means continuous disability which, during the first two (2) years of total diSablerri8,1it~ prevents an employee from performing any and every duty pertaining to tij~ employee's wo oC(XJpation and the~after from engaging in any occupation for wh!ch the employ~ is:f{fied th!l)ugh e~ucation, training or experience.

'Th.e aroo~.:~ht pftne monthly benefit payable with respect to disability shall be the amount of monthly b.EJnefit. ih effect for the employee on the date of commencement of the cfisabllity as set. out in the following schedule~

Portion of Basic Monthly:Wage

,Fif$t of'$239.0.QO

Benefit as a Percentage of Basic Monthly Wage

66%

Subjecfto a maximum monthly benefrt of $2,000.00

Jf ~,he' d~ability income benefit receivabJe by the disable emplpyee from all sources, incli.Jdiog>Workers Cc>mpensation b.enefits; exceed 71% of the employee's average earned inori~ly income during the two (2) year period immediately prier to the date of dis~j)~mi:mt; payrrt~nt ~nder this benefit will be reduced so that th.e income benefits from:all squrCe,s shall not exceed 71% of such average earned monthly income.

Unaer no circumstances will the total inohthlybenefit payable under this policy, together with otherint:Orn~ replacemeritsoures payable because of disability, be less than the

amounbhown ih the above schedule.

tjl) REI,nefl~:~Will not be reduqed bY virtue of any amount received on behalf of any dependents cit an;lro recipient.

Jt: !s not ~q!Jir'eQ. fl1at:tt:l,e irisi.Jred ~mploy~ be confined to home, but the employee mu.~ ~ l.,lrlqer ~e regljlar ~re and attendance of a licensed physician during the p!Jrlod:forwhich benefits are being claimed.

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(g) LTD ben~fits are. not payable with respect tQ disabilities res1,1lting from any of the folloWing:

(i)

(ii)

(iii)

(iv~

Yljlfully'self~inflicted injury or any a~rnpt at self..cfest(Uction;

any oondition for which the employee Is: not under th~ care of a physician or st.li"geoh Qllly licensed to practice medicine; war: :or hostilities of any kind, whether or not the employee was actually p~rtiipati~g therein and whether or f1(){ Wai" be declared;

pregnancy where a female employee ,js not disabled;

('!) ;antJ).enod dl.iring WhiCh a female f3.mp16ye~ is on a pregnancy leave of absence inaoi'cf~ncewith this Agr~~ment.

2~ For Julf.,tfrne empl()}'~es hi~d ;aft~r Sf::Jp~ernber 30th, 1995 the Employer agrees to Provid.~ lo~g Terrri Dise~b.illtyben~ts ;after fifty-two (52) weeks if an employee is unable to. perform any occupation (reasonably suited by. means of training, education or experienee). The Planwill providi:t Jor sixtf pereent (60%) of the employee's basic eafflingj> subjec(tp a. maximum inorit!'liY benefit of $1 ,500. Coverage would cease the . d;ateJim employee attains. normal retirement age.

An emP.IPYee~s bet)efrt.s uncje( the lll) will not be affected oy any disability insurance which beJtas purcha~e.P privately_.

PdstRetitementoeath Beriefrt

;on retiternent:at ag~ sixty-five (65); the EmplOyer will provide and pay for $10,000 of life Jnsuri:u1ce.forth8 ret.iree. ---~ ,, ' '. ' . , . ' .

ThiS provision,shall not apply to any employee hired after September 30th, 1995.

POS'f'SIXTY;.FIVE c65) YEARS OF AGE BENEFITS

Tt.a~ (X)"-~rage.iut)der the foiJQwing headings within this Appendix are extended to age 67 as d.esGrib~.d ~low:

l;ri1PIQ~~ t:ti,red prior to september aolh, 1995:

Dental Plan Qpticai.Pian Life insurance as descriQe.t:f in (;:.~01 of this clppencJix to a max.imum of $10,000.00.

Emplqye~s hired after September"301!1,1995:

D~h~l P!a!l .Life insurance as de$cribedinE.01- of thisappenqiX: to a maximum of $10,000.00.

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e;o2 .Bargainit.g.Onit.Emplovees and Dependents

;. DentaiJilan. :. ' ..

nte Ernpl~ye.r will. cooijhue tJ:te preventive ~ntal Plan during the term of this Agreement .and will continue t() pay its share ofthe cost of the premiums for that Plan. The level of benefits provided .by the Plan will lag the Ontario Dental Association .(ODA) ~cnKiul~ offe~s .bY one (1) year~

li"raddition, dental check-ups will be limitedto.once every nine (9) months.

DrugPiati.

:(b)

For employees hired on, or before September ~oth, 1995, the Employer will continue. thtf I:> rug Plarfot ~lll~6e tha~ ple1.n. with ~noJher which provides no les.ser benefits. In either ca$:~ theft'! shall be no break in coverage and the Employer will continue to pay it's.share ofthe cost oftha premiums for the Plan for the term of the Agreement.

FO:r full.:.fime employeet:; tiirf3d after September aoth, 1995 the Employer agrees to prpvide aDrug Plan. The Plan provides coverage for reimbursement of eighty percent (~0%) ofeligible eXMilse~ after an annual dedll.ctible of one hundred dollars ($100.00) ~.$ingl~ f;lliiftvio hundred dollars ($200:00) ff;lmily. The maximum eligible expense for gi.spensit;lg fees will be .five doliars ($5.00}. Eligible prescription drug expenses will be goveiTied .by the Employer drtig formulary. The Employer will continue to pay it's share

::C!f ttu:~ cost of the prenih.~rlJS for the Plan for .the term of the Agreement.

The Employer will continue and. pay it's share of the cost of the premiums for an Optical Plah which will provide for fl"f;lri)es and pn:tscription lensB$ and contact lenses . as Jc:JIIoiiJs:

i) up to two htmdred dollarS {$200.00) per employee and spouse, every two (2) yeai'S;

IJP to two hundred dollars ($200.00) (or each dependent child of the employee sixteen {16) years and under once each ye~r. arid thereafter every two (2) years wi'Jile eligible as set out in the benefit booklet.

(b) Employees hired after September aoth, HJ95 shatl not be eligible for the Optical Plan.

c~;03' Canada:Pension Plan (CPPl

Th~. f::Jjjplpyer ~h~ll rn$ke the Employers contribution in respect to each employee in ~(;Ccinjah~ with the ~oada Pension Plan.

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Alteit sjX (6). month$ of emp~oyment. a bargairijng unit employee shall be covered. for life insurance ancf accidental deatb & dismemberment insurance. Entitlement to the other benefits set but above in this .Schedule beoomes effective commencing on the first day of the month a~{~ t,?argaining ulllterr1plqyef} has beeh er.nployed for th~e (3) months.

j~~()5i, . me' Employer will oontinue;to pay Ws share of the cost of benefits for a period of thirty (30) daylfWhen a ~rgaining unif emplOye~ who is eligible for the benefi~ set out in this Schedule is i~fa(dft When employmentis terminat~; the Employer will pay it's share of the premium costs

, for such benefits for the balance of the calendar month.

1) th~ -~11Jploye,~ m[Jst have compl~ted a minimum of one (1) year of service as of Decem~r 3t, in any year;

the above-.meotiqned contribl)tion sl)all be made pn or about December 1, 1997 (Oecem~r 1, 1996 for Cash & Carry employees) and each December 1 thereafter;

eligible employees mustcomplete all necessary documentation.

the employer .requires thc;!t a!l RRSP monies be directed to a financial institution of the employer's. Qhoiee. Fo.r clarity, the RRSP will be registered in the employee's name.

If an elt)plpyee Is off WOrk, bQ~use of illness or accident and is thereby entitled to weekly: il]demnity benefits or to Workers' 'Com~nsation benefits and payment for ~nefits or mpensation has not yet commence, the Employer will, upon request pay . him an advance. of wages pe~ing cor(lmencementof such payment up to a maximum o('an artl()UQfE!ql,lal,.to tWQ (2} wee~$ pay at his regular rate, provided the employee is in iiln:nediate nee.d pffunds for his personal or family use and the employee signs a waiver to have .the monies so deducted.

Any:~dyan~ mad('! by'the Emp)9yershall be repaid promptly by the employee when :sl,lbh .payment to him commenCes' Failing repayment, the Employer may, upon tile employee's :return to work,, ded,lict from his Yiages the arno!lnt of any advance ~~lning'u~pald.

lfan ~mployee fails to make such repaymentpromptly upon receipt by him of his first weekly Indemnity or Worke~ COmpensation cheque, he shall not be entitled to an ~(i~nce o{wages in the future~ .

. ShaJing:'ofCosts : ';:--. t,' . , :.~ ' . ... . .

. EffeCt~ th first full pay week following the Date of Ratification eligible employees shall contnb~te two :percent of their gross straight time earning~. towards the costs of the benefits provided fof:hEn'ein in this Schedule "C"~ ~lih the exception of C.11 .

. ~tilltir'lle;~sh& Carry employees hired on or before September 30, 1995 will not be required to"make(the above contributions.

C~14~ C(:M)filinatian of8enefits

:Where. the spouse andfo~ family of an active fi.Jif.:time employee are provided with insurance c()V~~9? by'vjrt!Je of such. spo~e!s and/or family's employment, then the co..ardination of beO:&ftt'wyerag(# will, occur. Where such other coverage's are provided, the amount of benefit p~'{ide~;;in the/employee's health and \Yelfare plan shall be equal to the amount otherwise p~~~le "by the Er},ployer less the fuJI amount which would be provided by virtue, of the spo.e's;~mployment in the absence ofany benefitS provided by the Employer.

\4o~[{()Jn,ion~t . . ... lnte~P

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LocaL Union 91 lnte"mational Brotherhood ofTeamsters

, .. ,. ' .. _,_ ... , ' . '

Letter of Under-Standing #3

SEVERANCE~ FULL TIME CASH& CARRY EMPLOYEES

The. Employer recognizes that certain employees may Wish to sever their employm~nt witti National Grocer'S slid is prepared to offer a severance j;acla\lge. to .such ~mployees hi~d priqr to September 30111, 1995 ~a sed on the :tqrmuJa hereinafter proyided for.

(@) empt~es who have ~ttafh,ed tw.~nty-fiV~ (Z5} oo,mpleted years of service and :fjft.y-{o/e S5 y~ars (If :age shall be .ehgll:lle for the sev~rance packag~.

(B) The company is prepared to offer no more tQan one (1) severance package in . .. each> of the COri:Jpany's Peml:>rtike .and King~ton Cash & Carry locations, by

t?enioiitY, a.nd a total oftwo (2) severance packages in the Ottawa Cash & Carry location, by seniority, to eligible employees. Should one the severc3nce pcic~ge$ in eith~r King~tPn or Pembroke. ri9t be utiliZed in the forty-five { 45} day elticiign j)e.iipcfit s~all bt:a offere

timing of such departure to ens~na the heeds of the business a~ met provided .such d~lay does not exceed 3 months. Employees wishing to direct all or any portibn of their severance to an RRSP must submit appropriate instructions at the tirne of their decision to C}cbelPt the seV(ira~ce option.

(s}Once ali employee has made. hi.s election known to the Employer In writing, ~S..~ph el~ction may b8 rescin~~ by the employee on a one time basis only. In

;the event an employee elects to revoke his severance option such option will be offerecfto other eligible employees on the ~~is of seniority provide that any sf3Ve~nce packages must be taken by September 30, 2013.

(n)'F'ull-:thne employees, who are Jn receipt of LTD benefits at the time of ratification 'of this agreement. shall also be eligible for the severance payment as herein Pr9'lidedfor. It iS. unde~toO(I ~t shOuld such ('ln employee elect to accept the ~s.everance OOY he" shall thereafter no longer be entitled to any of the rights or bmefits oftf1iS.agreement. Such employeeJnustadvise the Employer in writing within fortY-fiVe (45) calen(lar ~ays of tHe nltification of this. agreement, of their d~~ire to terminate their employment and accept the severance payment and af)Qve s.ch&Qu!e~ The offer of severance payment to employees shcdl not extend l>E:yond su9fi date:

le for the seve~nce payment as herein provided for. Such employee must ad~ the Employ~r in writing, within fol'ty~ve (45) calendar days of the ratification of this agreement. of their desire to terminate their employment and accept the severance payment and above schedule. The offer of ~verance payment to employees shall not ext~nd beyc;)pd sucij da!~ Such ~mployee ~hall only receive the severance payment upan.recerpfof c:t declaration from the WSIB.that such employee is fit to return to their normal duties.

P,liJ!ip.~tc;twart . . pir(Qtor, '"-abour ~el~tions Cash &Carry

36

Looal Union 91 hitemationaJBrotherhood of TeamsterS

, ._ ... ,., . __ , .... ,_.-" - - . . .,.

Dear Sirs

Lf:ltter of Understanding #4

"the Conversion.of Cash & earry locations covered under this agreement to a the Wholesale Club

ln.the,everif tllaHhe Employer converts any Cash and .Cany location(s) covered by this ~9~menfto a 'W~c;>Jesare Club" follTiaton t~ ~TilEI site during the term of the collective agfe~rnenfif is agreed that :upon such co.nversion the following will occur:

t Any locatlon(s)eonverted to the Wholesale qiub format shall operate under schedule "D" of:.this (:QUe~ctive agreement. Upon such conversion the bargaining units shall remain as

tfiey are,defrned in the collective agreement

'2. Tf'te COmpany and the UnionagJee to the fpllowing terms under which employees of the q&c location will transition to the Wholesale Club:

I. The Compa~y Will determine 'the assignment of employees within the Wllolesale Club;

11. The service and seniority d.ates of all employees will be rerognized by .the Company within the WhOlesale Club;

Jll. The. current wage rate of all employees will be rec:Ognlzed by the Company within the Wholesale Club;

IV., . . . Upon a:mversion employees shall be subject to the tenns and conditions of the Wholesale Club collective agreement;

V. . Parttime empk>yees will receive the greater of the rate of pay to which they are entitled based on their accumulated hours of work, or to the next higher rate of pay on the Wholesale Club part time wage progression and will progress from there. l.n the eventan employee's rate Is moved to a higher rate of pay as a result of the canversion theY shall be credited the minimum number of hours worked in aeofClance with the progression;

VI.

vu:.

Pa~ time employees hi("ed. poor to MaY 27, 2010 shall be. assigned hours of work io;B.eoof9ao~ \'/itl:\thelr parttirne ~rgaining unit seniority provided they have the nece.s~ry abhity to perform the noi"''hSI requirement of the jot> except when a paq time employee has l>een assig(le~ t>Y the employer to replace a full time ~mpla~e-in his department.. For plarity, part time employees hired after May 27, 201Pwlllaccn.~e seniority in accordance with the proVisiOns ef the Wholesale Club collective agreement.

. FIJII time employee will move to their respective wage progression based on their full time hire date. . .

fpll ~ril~ ~rl'lployees. ciJrrently receiving benefits. commonly referred to as "Tier one" benefits will con~.npe to .receiVe these benf?fits in accordance with the tenns of the Company's C&C ~lleCti'!'e ~greement with the Union; Employees who continue to be eligible for the Cash & ~Q'Y"1Ji:lt .ne" be~fitS will riot be eligible for the benefits outlined In the Wholesale Club iQI!~cfi\?ij ag~ment.

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.Sched\11~ "D"

COLLECTIVE AGREEMENT

BETWEEN

NATIONAL GROCERs CO. LTD (o/a, The Wholesale Club)

Teamsters Local 91

~ :OA'rE: S~ptember 30th, 2009 EXPiRY bAm: March 3Qth 2016 . .. . . '

ARlfiCLE 1 PURPOSE

t~01 The Eri}ployet and'the Union each represents that the purpose and the intent of this Agreement is to pr()@ote co-operation and. harmony, to recognize mutual interests, to provide a channel through.which information and problems may be ttansrnitt~cHroro onetc) the other, to formulate rules to govern the relationship between the Union and ttl~ Employer, to promote efficiency and service, to set forth .herein the b.asic agreements covering rates of pay, hours of work and conditions oftunploytnent

.. ARTlGtE 2~ RE:C.OGNIT'ION

TtutEroployerrecognizesthe teamsters 1Qcal91as the safe a.nd exclusive bargairiingragent for all employees atPh~rt location] Wholesal.e Club save and ~xcept St~r~ Manager, Assistant store Manager, Bookkeeper, toss Prevention personnel, Cq~~C)'frier.Qe.veloprnent Representati~s. Department Supervisors, ana perspns above the rank of S(fpervisor.

i2~J)2. A fuJI;.timeempfoyee oovereq t.>tthis Ag('E)ement shall be an employee who is normally sCheduled to WQrk more than thi~two (32) hours per week.

2iQ3 A; p~trt-time employee is Onewho is normally schedUled to WOrk thirty-two (32} ~hoursorless:peryveek. The c6nditions of work of part-time employees shall be governed by Appendix "A" oftt\is Agreement

AR'FICLE 3 UNION'SECURITY

ltisi:lgreed that all employees covered by this Agreement shall become and remain ,memb~rs of ttje Union in good standing as a condition of employrritult.

(b) Newemployees shall make application for membership in the Union at the time of their hiring and shall become and remain members of the Union in good standing, as a.concji~on of employment. The Employer agrees that it will inform ~II n~w employees prior to or at the time of hiring of the Union security provisions o.f the Agreement.

3:02 The Employer agre,~s to deduct fro.m Qach employee's pay the Initiation fees, r~guJar~kly Onion dues and arrears,ofUnion dues in the amount and manner specified' by each Locall.Jnion's charter, by-Jaws or constitution, as the case may be~ The Ernployeragrees to ~emit the money so deducted' to the Local Union oh or 'f:>efo.r~fthe 20th day following the end of the Employer's period based accounting period in which tne rrionies were deducted. Part-time and student emplc)ye~s shall not pay initiation fees~

3.03 lri the event thats'-lch weekly Dues are changed during the term of the J.\greement, such change must be given to the Employer by notice properly

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authorized by lJniop Officials ~net ~hall become effective within one (1) month .folloWing the date the notice is received..

3.04 New employees shall be documented and documents forwarded to the Union Qffice'wltnin M'Q .. (~) wee~s of hiring.

TheJifsthin~ty{90}days worked shaiLbe considered a probationary period. It is undetstoodbe~~ntb~ Employer, and the Union that a probationary employee may

a:pplicable, or by any other arrangement which is just and equitable in the opinion of the parties Qr of an Arbit,re~tor.~ The Employer agrees that whenever an hiterview is held with an employee r~arding his work or conduct which becomes ,p

ARTICLE 9 .SiidP StEWARDS

9.01 The Unian:shall have the right ta appoint one (1) Shop Steward and one ( 1) alternate Sh'Qp Steward forthe store.

'ARTICLE:10 SENIO~ITY

lOJ)1 S'eniorityshaiFb(:J recognized py the 'Employer and shall be based on the length of. ntinual service With the Employer~ For the purpose of scheduling, E111ployee~~Will ~x~r,cj~ seniority on ~ departmental basis Within the bargaining unit~ The Employermay requirefull-tlrrit;!etnployees to perfonn work outside of th~ir (j~pattmenton a daily or hourly basis at the Employer's discretion.

1;0:0~; ReguiS.,ftQIHirrie employees shall not attain seniority until they have oompleted a probationarY p~rt~

purposes. 9f :.~tetminlng. r~J~ of ~~y. tne. employee shall slot into the part-time wag~ progression -based .on their full time: accumulated hours worked. .

4QJ)4 Seniority liSts for;full~time employees shall b~ posted by the Employer quarter . anh,gally,

(b)

Persons outside the bargaining Unit returning to the bargaining .unit shall retun). to .. ~;p6sitf()ii no higher than their former position in the bargaining unit.

Pr;sQp~return!ng to or entering the bargaining unit, shall not cause the d~mofion of employees Within lhe bargaining unit.

jO~Q6 Seniority shall be terminated If an ernptoyee:

{b)

~(c)

(d)

(e)

(g)~

(h)

:(i)

voluntarily leaves th.e employment of the Employer;

is dlscharg~ fqr cau::;e;

is abselitf[t?rn woriUor more than three (3) working. days without prior-notificationto,themployer WithoUt a valid reason acceptable. to the employer; .

,is: absent from work due to sickness or disability for more than three (3) day~(c3ild taU~ upon return to work to produce a certificate from a medical pr:actltioner:verifying 'such absence;

fails :tq return to vvork. after~ recall tram lay-off within seven (7) days after the delivery of notice of recall by regi~ered snail;

fails.to.return to work uponthe conclusion of a leave of absence unless his faih1re to.t~tum is for reasonabie cause;

falls to take a medical examination by a qualified medical practitioner when reque5t~d by th~ Employer;

is n()t recalled' to WQrk When laid off due to lack of work, his name shall be retained onthe .seniority Ust for an eighteen (18) month period or the length:oftiis seniority, whichever is the lesser, but In no event, less than six (6):months;

use~,af},appro'y~ leave of absence for reasons other than those sp~citled.

lO;Q7 Full~time employees who beCQm~ part-time employees shall have their part time ,seniority based ontheir totarhours worked as, a full time employee.

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http:wag~progressi6nbased.on

{();()&>Notice of~petmh~nt vacancy wm .be. po~ted on the bulletin board at the l)argah1iog unit where the vacancy occurs~ Such notice shall remain

;p()$~d fqf'):~;pf,trj~ of five (5)' working days and eligible employees will have the right. to bicffor the p~sition. Selection to such positions shall be

. , m~d.e on ttl~ basis of bargaining unit seniority provided the employe~ has t.be: ability to (!o the jf:)b. If an employee is absent for any reason wf'latsoever, he shall be notified by mail regarding the job vacancy. This provisipri \1\fUI not apply to em~loyees who have been off work in exce!lS of tWel~e (.12) month$. If ~n absent employee bids for a job vacancy he must be ~ligiJ:lle;arid. !!Vailable to work within sixty (60) working days of the date

... hi$. bid is.recetve.d by the Employer. EmpBoyees shall leave forwarding AdttfessEi$ when;eoin~ on vacation.

tfle Ernp,loyer win deliver to the Steward ()~ (1) copy of a list of applicants for ea~~ pc>sted:'Job, shown iii Order of seniority and will also send one (1) ~C)py of:tll;tt list to the Onion~ The EmpJoyer will post. up for two (2) working d.@y~.O.~.t.b~.bulletin bQa.rd tile name of any successfu~ applicant arid will siiTiilariY.'9~ve a ct:)py of sucf1 notice to tile Steward and will also send one

(1,);ppy:t'().~e .Union.

If ,tijedt i$ no applh~ant or no successful applicant for a posted Job, the Employer fiUJ.Y.ttle:n fill the va(;an;cy from outside the bargaining unit.

1~p;o9; :t=~ilowing thei,~~ssfiJI eompletion of the ful~time probationary period, a part-... . , ti~e"~mploYee:wfloisJiired full-time shall be credited with fifty.(50%) percent of

his>'l)art-:-tirn~;~ervtce, up to a maximum ()fqne ( 1) year for .the purpose of full time batg~ining'Uflit~nlorfty ..

ARffilCLE 11 HOURS OF WORK AND OVERTIME .-~-.

. :1 11~Q~ T,h.ebaSieW6rk weekfodull-time emploY,ee~will consist of forty (40) hours per '' week; m~de up of five (5) day$ of eight{ B) consecutive hours duration.

11.oz (a)

(b):

:Overtime. at ~he rate of time and one-half (1% ) the regular hourly rate will be.payable after eight( B) hour5 .in a day and forty ( 40} hours in a w~lt

OV~rtitne afthe rate of time.and one-hart (1%)the regular hour1y rate will be'pay~t)lafor all hours worked on StatUtory Holidays. .

n :oa Dyrin~ ea.ch,~r,:K ct~Y. employees shall be granted two (2) rest periods with pay Qffifteen {1'5)mih~~sio91Jration each and one (1)hour unpaid(one-half rh] .

hovrJ:>y m~tual amsent) meat periOd~ .scheduled atthe midpoint of each half shift and' the. mid.: point of the daily shift.

11.()~, WQI'k scJJ$dl.li~~J;half.be posted by 5~00 p.m. Tf'lUrsday of the previous week Which wifl!lnclude S.tartal)~ quit times~ and breaks~ Employees will be given three

7

http:d!Y~,o.~,t,b~,bulletinbQa.rd

(~) wqrldng Clays nC:,tic~bf changes. ih theft regular working schedule, except for . absences ..

t~;JiS Starting and quitting times a11~ an:angerl)ents of shifts to be negotiated ~twE!en t,h~ Parties at bargaining un1t level. lt. is greec;l that employees shall not be re:qtlired to wofk split shi.fts, unless mutually'agteed betWeen the Employer and the Union~ For ~he purposes ofthis Agreement the term '~split shift'' shall mean that an employee may work consecutive days during the week, but his regular dcl,ily schedule shall consist of consecutive houl:!;~

11.06 Employees'may,J)e.designatedto work five (5). nights per week for customer $lidpp!hg nvehience after 6:00 p.m.

tt07 Ahi9htshift pre,mium of fifty-five (55) cents per hot~r shall be paid to any full-time or part~tittiE:H~I'IJpto.yE:Je Wflo. warkson a night shift at 10:00 p.m. and ending no r~t~r: tfian s:~o

ARTIC12E'12 ,STATl:.I,:ORYHOLIDAYS

12.01 ThE:rfollowing holidays shall be recognized as legal holidays:

New 'fears. Day Ft:unilY rlSIY . GOod Fri.d~y VlctoriaDay Canada Day

Labour Day Thanksgiving Day Christmas Day Boxing Day

12.0?. QuaJificE!Qc:m and payment for the statutory holidays listed in Artide 12.01 shall be in acc:orCJance wit~ t-A.e Employment Standards Act, 2000. (ESA, 2000);

12~03 Work on any ofthe aforernflntiohed holidays shall be voluntary and no employee ~hall b~:(X)eroed to work.

,:ARltiCLE 13 ~VACAtiONS

t3.e1 mployees'vm~. hc;'tve be(;Jn employed by the Company on a continuous fuiJ..tirne p

~pecial occasion later in the year. The day off will be by mutual agreement t>E!tWeeri tht:temployee and the Store Manager or designate.

()' 'IHhe day prior to or suc