middot~

8 E TWEEN

OFFICE OF

AUG 0 2 ZOOO COLLECTIVE BARGAINING

INFORMATION

bull COLLECTIVE AGREEMENT

MONTANK INC

(hereinafter called the Company)

-and-

FILE No

CERt ALE middot

carr MTE

FMLE EMPS

EFF ooeo I - H 19 Y ~aero EXP ~TEo fff( -dOO t

IDENT COOED

SUB PROVS CODED

CANADIAN UNION OF OPERATING ENGINEERS AND GENERAL WORKERS

(hereinafter called the Union)

COVERING OFFICE AND CLERICAL STAFF

(

bull INDEX

ARTICLE NO

ARTICLE 1 - PURPOSE OF AGREEMENT

ARTICLE 2 - SCOPE AND RECOGNITION

ARTICLE 3 - MANAGEMENT RIGHTS

ARTICLE 4 - UNION SECURITY

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

ARTICLE 6- UNION REPRESENTATION

ARTICLE 7 - GRIEVANCE PROCEDURE

ARTICLE 8 - ARBITRATION

ARTICLE 9 - SENIORITY

ARTICLE 10 - HEALTH AND SAFETY

ARTICLE 11 - VACATIONS

ARTICLE 1 2 - HOLIDAYS

ARTICLE 13 - HOURS OF WORK AND OVERTIME

ARTICLE 14- BENEFITS

ARTICLE 1 5 - BEREAVEMENT LEAVE

ARTICLE 16 - REPORTING PAY

ARTICLE 17 - JURY DUTY

ARTICLE 18- WAGES AND CLASSIFICATIONS

ARTICLE 19 - UNIONMANAGEMENT CONSULTATION

ARTICLE 20 - DURATION

APPENDIX A BENEFIT PLAN

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bull ARTICLE 1 - PURPOSE OF AGREEMENT

101 The purpose of this Agreement is to provide orderly collective bargaining

relations between the Company and its employees covered by this

Agreement through the Union regarding wages and working conditions for

employees

ARTICLE 2 - SCOPE AND RECOGNITION

201 The Company recognizes the Union as the sole and exclusive bargaining

agent of all office and clerical staff of the Company in the City of

Hamilton save and except office manager and those above the rank of

office manager For the purposes of clarity office and clerical staff

includes scale persons and janitorscale operator

202 Words imparting the masculine gender shall include the feminine

ARTICLE 3 - MANAGEMENT RIGHTS

1

301 The Company is in the business of receiving storing and loading bulk

liquid commodities such as petroleum products chemicals and oils for its

customers The Company has no control over when these products arrive

at its facility as they are delivered by pipeline ship rail and truck transport

at any time of the day and any day of the week The Union and the

employees recognize the need for the Company to conduct its business in

an efficient manner having regard to the nature of its business

bull 302 The Union recognizes and acknowledges that the management of

the operation and the direction of the working forces are fixed

exclusively in the Company and that the rights of the Company as

they existed prior to the Union obtaining rights for the employees

continue to exist except as limited by this Agreement and without

limiting the said rights of the Company the Union acknowledges

that it is the exclusive function of the Company to

2

(a) maintain order discipline and efficiency and in connection therewith

to make alter and enforce from time to time reasonable rules and

regulations policies and practices to be observed by the employees

discipline or discharge employees for just cause (subject to Article

901 which provides for discharge of a probationary employee on a

lesser standard than just cause) provided that a claim for unjust

discipline or discharge of an employee may be the subject matter of

a grievance

(b) select hire retire transfer assign to shifts schedule vacations

promote demote classify lay off or recall employees and select

employees for positions excluded from the bargaining unit

(c) require employees to provide medical reports of medical

examinations from the employees doctors when the Company has

reasonable justification for requiring such medical reports in the

event such examinations are not paid under applicable Ontario

medical coverage the Company shall be responsible for the doctors

charges

bull bull 3

(d) to operate and manage the operation in any manner in order to

satisfy its commitments and responsibilities determine the

location of operations their expansion curtailment or

discontinuance the subcontracting of work schedules of

operations the number of shifts job content quality and quantity

standards the qualifications of employees to perform any job the

nature of any equipment and machinery change or discontinue

existing equipment machinery methods or processes decide on

the number of employees needed by the Company at any time

number of hours to be worked and starting and quitting times

and

(e) have the sole and exclusive jurisdiction over all operations

buildings machinery equipment and employees

(f) The Company is committed to safe operating practices and will

keep staffing levels sufficient for safe operations

303 The Company agrees that it will not exercise its management rights

in a manner inconsistent with the provisions of this Agreement

ARTICLE 4 - UNION SECURITY

401 (a) All employees covered by this Agreement shall as a condition of

employment shall authorize the Company to deduct the regular monthly

Union dues commencing with the employees first pay period

(b) All employees to whom this Agreement applies shall be required to

join the Union

402 The Company agrees to deduct middotregular monthly Union dues as

certified by the Union to be currently in effect according to the

Constitution and By-laws of the Union from the wages of each

employee on the first payday of each month and to remit the amount

so deducted to the Union Financial Secretary with a list of the

applicable employee names no later than the last day of the month

in which such dues are deducted

403 Upon presentation of a duly signed application for a Union

Membership card the Company agrees to deduct the amount of the

Union initiation fee from the wages of the respective employee and

to remit such amount to the Union not later than the last day of the

month The current Union initiation fees are Fifteen ($1500) Dollars

but may be amended as required by the Union

404 The Union will indemnify the Company and save it harmless from

any and all claims or demands which are made to it by any employee

as a result of any action taken by the Company pursuant to the

provisions of this Article

Union dues deduction receipts for income tax purposes will be

issued by the Company on the employees yearly T-4 slip

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

501 The Union agrees that there will be no strikes or other collective

action which will stop or interfere with the operation of the

Company during the life of this Agreement and the Company agrees

that it will not cause or direct any lockout of the employees during

the life of this Agreement

4

bull The terms strike and lockout shall be as defined in the Ontario

Labour Relations Act

ARTICLE 6- UNION REPRESENTATION

601 The Company recognizes one (1) Steward who shall be chosen from

employees who have acquired seniority under this Agreement The Union

shall notify the Company in writing of the name of such Steward at the

time of their appointment

602 It is recognized that the Steward has their regular work to perform

The Steward may however after obtaining the prior permission of

management take time to attend meetings with management

without loss of pay All such activities shall take place on the Companys

premises and only after permission has been granted by management

Such permission shall not be unreasonably withheld

603 Subject to the prior approval of the Company which approval shall

be sought at least two weeks in advance leave of absence without

pay but without loss of seniority may be granted to an employee for

the purpose of attending authorized Union functions Only one

employee shall be absent on such leave at any time and the total

aggregate days granted for such leave or leaves shall not exceed six

(6) days in any twelve (12) month period

604 The Company agrees to provide each employee with a copy of this

Agreement

5

605 (a) No employee subject to Article 901 regarding probationary

employees shall be disciplined or discharged without just cause

(b) When an employee is to be dismissed the employee shall be

allowed to meet with the Steward for a reasonable period of time at a time

convenient to the Company before the employee leaves the Companys

premises provided circumstances permit

(c) A claim by an employee that he has been unjustly discharged shall

be treated as a grievance beginning at Step 2 provided such claim is

lodged with the Company no later than five (5) working days following the

employees discharge

(d) When the Company suspends or discharges an employee and a

Steward is on the Companys premises at the time the Steward shall be

present unless the employee objects to the Stewards presence When the

Steward is not present the Company agrees to notify the Union of the

action taken

(e) An employee who is discipline free for a period of fifteen (15)

consecutive months shall have all disciplinary notations removed from his

file except for notations of suspension which will remain on the

employees file until a period of twenty-four (24) consecutive disciplineshy

free months have elapsed

606 The Company shall supply a bulletin board for bargaining unit notices

relating to the Unions legitimate business

6

e 7

ARTICLE 7 - GRIEVANCE PROCEDURE

701 A grievance may arise only from a dispute concerning the

interpretation application administration or alleged violation of this

Agreement The reason(s) for a grievance and the remedy sought and

an indication of the provision(s) of this Agreement alleged to have

been violated shall be submitted in writing within the mandatory time

limits provided herein and shall be signed by the employee and a

STEP 1

STEP 2

middot Steward An earnest effort will be made on the part of both parties

to settle the dispute promptly

Failing a satisfactory settlement of a grievance through oral

discussion with management an employee alone or with the

assistance of his Steward shall present a grievance in writing to

management within five (5) working days of when the matter

came to or ought to have come to the attention of the employee

concerned A meeting shall then be arranged within five (5) working

days with the employee and his Steward and management The

decision by the Company following this meeting shall be given in

writing within five (5) working days of the meeting

If a satisfactory resolution of the grievance is not reached then the

matter may be appealed to the next level of management within five

(5) working days of the delivery of the decision A meeting shall then

be arranged within five (5) working days of the appeal between a

designated representative of the Union and management together

with such additional persons as the parties may deem appropriate

The decision of management shall be rendered in writing within five

(5) working days of the meeting and failing settlement the Union may

within twenty (20) working days of such decision (but not thereafter)

refer the matter to arbitration as hereinafter provided

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

bull INDEX

ARTICLE NO

ARTICLE 1 - PURPOSE OF AGREEMENT

ARTICLE 2 - SCOPE AND RECOGNITION

ARTICLE 3 - MANAGEMENT RIGHTS

ARTICLE 4 - UNION SECURITY

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

ARTICLE 6- UNION REPRESENTATION

ARTICLE 7 - GRIEVANCE PROCEDURE

ARTICLE 8 - ARBITRATION

ARTICLE 9 - SENIORITY

ARTICLE 10 - HEALTH AND SAFETY

ARTICLE 11 - VACATIONS

ARTICLE 1 2 - HOLIDAYS

ARTICLE 13 - HOURS OF WORK AND OVERTIME

ARTICLE 14- BENEFITS

ARTICLE 1 5 - BEREAVEMENT LEAVE

ARTICLE 16 - REPORTING PAY

ARTICLE 17 - JURY DUTY

ARTICLE 18- WAGES AND CLASSIFICATIONS

ARTICLE 19 - UNIONMANAGEMENT CONSULTATION

ARTICLE 20 - DURATION

APPENDIX A BENEFIT PLAN

PAGE NO

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15

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18

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bull ARTICLE 1 - PURPOSE OF AGREEMENT

101 The purpose of this Agreement is to provide orderly collective bargaining

relations between the Company and its employees covered by this

Agreement through the Union regarding wages and working conditions for

employees

ARTICLE 2 - SCOPE AND RECOGNITION

201 The Company recognizes the Union as the sole and exclusive bargaining

agent of all office and clerical staff of the Company in the City of

Hamilton save and except office manager and those above the rank of

office manager For the purposes of clarity office and clerical staff

includes scale persons and janitorscale operator

202 Words imparting the masculine gender shall include the feminine

ARTICLE 3 - MANAGEMENT RIGHTS

1

301 The Company is in the business of receiving storing and loading bulk

liquid commodities such as petroleum products chemicals and oils for its

customers The Company has no control over when these products arrive

at its facility as they are delivered by pipeline ship rail and truck transport

at any time of the day and any day of the week The Union and the

employees recognize the need for the Company to conduct its business in

an efficient manner having regard to the nature of its business

bull 302 The Union recognizes and acknowledges that the management of

the operation and the direction of the working forces are fixed

exclusively in the Company and that the rights of the Company as

they existed prior to the Union obtaining rights for the employees

continue to exist except as limited by this Agreement and without

limiting the said rights of the Company the Union acknowledges

that it is the exclusive function of the Company to

2

(a) maintain order discipline and efficiency and in connection therewith

to make alter and enforce from time to time reasonable rules and

regulations policies and practices to be observed by the employees

discipline or discharge employees for just cause (subject to Article

901 which provides for discharge of a probationary employee on a

lesser standard than just cause) provided that a claim for unjust

discipline or discharge of an employee may be the subject matter of

a grievance

(b) select hire retire transfer assign to shifts schedule vacations

promote demote classify lay off or recall employees and select

employees for positions excluded from the bargaining unit

(c) require employees to provide medical reports of medical

examinations from the employees doctors when the Company has

reasonable justification for requiring such medical reports in the

event such examinations are not paid under applicable Ontario

medical coverage the Company shall be responsible for the doctors

charges

bull bull 3

(d) to operate and manage the operation in any manner in order to

satisfy its commitments and responsibilities determine the

location of operations their expansion curtailment or

discontinuance the subcontracting of work schedules of

operations the number of shifts job content quality and quantity

standards the qualifications of employees to perform any job the

nature of any equipment and machinery change or discontinue

existing equipment machinery methods or processes decide on

the number of employees needed by the Company at any time

number of hours to be worked and starting and quitting times

and

(e) have the sole and exclusive jurisdiction over all operations

buildings machinery equipment and employees

(f) The Company is committed to safe operating practices and will

keep staffing levels sufficient for safe operations

303 The Company agrees that it will not exercise its management rights

in a manner inconsistent with the provisions of this Agreement

ARTICLE 4 - UNION SECURITY

401 (a) All employees covered by this Agreement shall as a condition of

employment shall authorize the Company to deduct the regular monthly

Union dues commencing with the employees first pay period

(b) All employees to whom this Agreement applies shall be required to

join the Union

402 The Company agrees to deduct middotregular monthly Union dues as

certified by the Union to be currently in effect according to the

Constitution and By-laws of the Union from the wages of each

employee on the first payday of each month and to remit the amount

so deducted to the Union Financial Secretary with a list of the

applicable employee names no later than the last day of the month

in which such dues are deducted

403 Upon presentation of a duly signed application for a Union

Membership card the Company agrees to deduct the amount of the

Union initiation fee from the wages of the respective employee and

to remit such amount to the Union not later than the last day of the

month The current Union initiation fees are Fifteen ($1500) Dollars

but may be amended as required by the Union

404 The Union will indemnify the Company and save it harmless from

any and all claims or demands which are made to it by any employee

as a result of any action taken by the Company pursuant to the

provisions of this Article

Union dues deduction receipts for income tax purposes will be

issued by the Company on the employees yearly T-4 slip

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

501 The Union agrees that there will be no strikes or other collective

action which will stop or interfere with the operation of the

Company during the life of this Agreement and the Company agrees

that it will not cause or direct any lockout of the employees during

the life of this Agreement

4

bull The terms strike and lockout shall be as defined in the Ontario

Labour Relations Act

ARTICLE 6- UNION REPRESENTATION

601 The Company recognizes one (1) Steward who shall be chosen from

employees who have acquired seniority under this Agreement The Union

shall notify the Company in writing of the name of such Steward at the

time of their appointment

602 It is recognized that the Steward has their regular work to perform

The Steward may however after obtaining the prior permission of

management take time to attend meetings with management

without loss of pay All such activities shall take place on the Companys

premises and only after permission has been granted by management

Such permission shall not be unreasonably withheld

603 Subject to the prior approval of the Company which approval shall

be sought at least two weeks in advance leave of absence without

pay but without loss of seniority may be granted to an employee for

the purpose of attending authorized Union functions Only one

employee shall be absent on such leave at any time and the total

aggregate days granted for such leave or leaves shall not exceed six

(6) days in any twelve (12) month period

604 The Company agrees to provide each employee with a copy of this

Agreement

5

605 (a) No employee subject to Article 901 regarding probationary

employees shall be disciplined or discharged without just cause

(b) When an employee is to be dismissed the employee shall be

allowed to meet with the Steward for a reasonable period of time at a time

convenient to the Company before the employee leaves the Companys

premises provided circumstances permit

(c) A claim by an employee that he has been unjustly discharged shall

be treated as a grievance beginning at Step 2 provided such claim is

lodged with the Company no later than five (5) working days following the

employees discharge

(d) When the Company suspends or discharges an employee and a

Steward is on the Companys premises at the time the Steward shall be

present unless the employee objects to the Stewards presence When the

Steward is not present the Company agrees to notify the Union of the

action taken

(e) An employee who is discipline free for a period of fifteen (15)

consecutive months shall have all disciplinary notations removed from his

file except for notations of suspension which will remain on the

employees file until a period of twenty-four (24) consecutive disciplineshy

free months have elapsed

606 The Company shall supply a bulletin board for bargaining unit notices

relating to the Unions legitimate business

6

e 7

ARTICLE 7 - GRIEVANCE PROCEDURE

701 A grievance may arise only from a dispute concerning the

interpretation application administration or alleged violation of this

Agreement The reason(s) for a grievance and the remedy sought and

an indication of the provision(s) of this Agreement alleged to have

been violated shall be submitted in writing within the mandatory time

limits provided herein and shall be signed by the employee and a

STEP 1

STEP 2

middot Steward An earnest effort will be made on the part of both parties

to settle the dispute promptly

Failing a satisfactory settlement of a grievance through oral

discussion with management an employee alone or with the

assistance of his Steward shall present a grievance in writing to

management within five (5) working days of when the matter

came to or ought to have come to the attention of the employee

concerned A meeting shall then be arranged within five (5) working

days with the employee and his Steward and management The

decision by the Company following this meeting shall be given in

writing within five (5) working days of the meeting

If a satisfactory resolution of the grievance is not reached then the

matter may be appealed to the next level of management within five

(5) working days of the delivery of the decision A meeting shall then

be arranged within five (5) working days of the appeal between a

designated representative of the Union and management together

with such additional persons as the parties may deem appropriate

The decision of management shall be rendered in writing within five

(5) working days of the meeting and failing settlement the Union may

within twenty (20) working days of such decision (but not thereafter)

refer the matter to arbitration as hereinafter provided

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

bull ARTICLE 1 - PURPOSE OF AGREEMENT

101 The purpose of this Agreement is to provide orderly collective bargaining

relations between the Company and its employees covered by this

Agreement through the Union regarding wages and working conditions for

employees

ARTICLE 2 - SCOPE AND RECOGNITION

201 The Company recognizes the Union as the sole and exclusive bargaining

agent of all office and clerical staff of the Company in the City of

Hamilton save and except office manager and those above the rank of

office manager For the purposes of clarity office and clerical staff

includes scale persons and janitorscale operator

202 Words imparting the masculine gender shall include the feminine

ARTICLE 3 - MANAGEMENT RIGHTS

1

301 The Company is in the business of receiving storing and loading bulk

liquid commodities such as petroleum products chemicals and oils for its

customers The Company has no control over when these products arrive

at its facility as they are delivered by pipeline ship rail and truck transport

at any time of the day and any day of the week The Union and the

employees recognize the need for the Company to conduct its business in

an efficient manner having regard to the nature of its business

bull 302 The Union recognizes and acknowledges that the management of

the operation and the direction of the working forces are fixed

exclusively in the Company and that the rights of the Company as

they existed prior to the Union obtaining rights for the employees

continue to exist except as limited by this Agreement and without

limiting the said rights of the Company the Union acknowledges

that it is the exclusive function of the Company to

2

(a) maintain order discipline and efficiency and in connection therewith

to make alter and enforce from time to time reasonable rules and

regulations policies and practices to be observed by the employees

discipline or discharge employees for just cause (subject to Article

901 which provides for discharge of a probationary employee on a

lesser standard than just cause) provided that a claim for unjust

discipline or discharge of an employee may be the subject matter of

a grievance

(b) select hire retire transfer assign to shifts schedule vacations

promote demote classify lay off or recall employees and select

employees for positions excluded from the bargaining unit

(c) require employees to provide medical reports of medical

examinations from the employees doctors when the Company has

reasonable justification for requiring such medical reports in the

event such examinations are not paid under applicable Ontario

medical coverage the Company shall be responsible for the doctors

charges

bull bull 3

(d) to operate and manage the operation in any manner in order to

satisfy its commitments and responsibilities determine the

location of operations their expansion curtailment or

discontinuance the subcontracting of work schedules of

operations the number of shifts job content quality and quantity

standards the qualifications of employees to perform any job the

nature of any equipment and machinery change or discontinue

existing equipment machinery methods or processes decide on

the number of employees needed by the Company at any time

number of hours to be worked and starting and quitting times

and

(e) have the sole and exclusive jurisdiction over all operations

buildings machinery equipment and employees

(f) The Company is committed to safe operating practices and will

keep staffing levels sufficient for safe operations

303 The Company agrees that it will not exercise its management rights

in a manner inconsistent with the provisions of this Agreement

ARTICLE 4 - UNION SECURITY

401 (a) All employees covered by this Agreement shall as a condition of

employment shall authorize the Company to deduct the regular monthly

Union dues commencing with the employees first pay period

(b) All employees to whom this Agreement applies shall be required to

join the Union

402 The Company agrees to deduct middotregular monthly Union dues as

certified by the Union to be currently in effect according to the

Constitution and By-laws of the Union from the wages of each

employee on the first payday of each month and to remit the amount

so deducted to the Union Financial Secretary with a list of the

applicable employee names no later than the last day of the month

in which such dues are deducted

403 Upon presentation of a duly signed application for a Union

Membership card the Company agrees to deduct the amount of the

Union initiation fee from the wages of the respective employee and

to remit such amount to the Union not later than the last day of the

month The current Union initiation fees are Fifteen ($1500) Dollars

but may be amended as required by the Union

404 The Union will indemnify the Company and save it harmless from

any and all claims or demands which are made to it by any employee

as a result of any action taken by the Company pursuant to the

provisions of this Article

Union dues deduction receipts for income tax purposes will be

issued by the Company on the employees yearly T-4 slip

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

501 The Union agrees that there will be no strikes or other collective

action which will stop or interfere with the operation of the

Company during the life of this Agreement and the Company agrees

that it will not cause or direct any lockout of the employees during

the life of this Agreement

4

bull The terms strike and lockout shall be as defined in the Ontario

Labour Relations Act

ARTICLE 6- UNION REPRESENTATION

601 The Company recognizes one (1) Steward who shall be chosen from

employees who have acquired seniority under this Agreement The Union

shall notify the Company in writing of the name of such Steward at the

time of their appointment

602 It is recognized that the Steward has their regular work to perform

The Steward may however after obtaining the prior permission of

management take time to attend meetings with management

without loss of pay All such activities shall take place on the Companys

premises and only after permission has been granted by management

Such permission shall not be unreasonably withheld

603 Subject to the prior approval of the Company which approval shall

be sought at least two weeks in advance leave of absence without

pay but without loss of seniority may be granted to an employee for

the purpose of attending authorized Union functions Only one

employee shall be absent on such leave at any time and the total

aggregate days granted for such leave or leaves shall not exceed six

(6) days in any twelve (12) month period

604 The Company agrees to provide each employee with a copy of this

Agreement

5

605 (a) No employee subject to Article 901 regarding probationary

employees shall be disciplined or discharged without just cause

(b) When an employee is to be dismissed the employee shall be

allowed to meet with the Steward for a reasonable period of time at a time

convenient to the Company before the employee leaves the Companys

premises provided circumstances permit

(c) A claim by an employee that he has been unjustly discharged shall

be treated as a grievance beginning at Step 2 provided such claim is

lodged with the Company no later than five (5) working days following the

employees discharge

(d) When the Company suspends or discharges an employee and a

Steward is on the Companys premises at the time the Steward shall be

present unless the employee objects to the Stewards presence When the

Steward is not present the Company agrees to notify the Union of the

action taken

(e) An employee who is discipline free for a period of fifteen (15)

consecutive months shall have all disciplinary notations removed from his

file except for notations of suspension which will remain on the

employees file until a period of twenty-four (24) consecutive disciplineshy

free months have elapsed

606 The Company shall supply a bulletin board for bargaining unit notices

relating to the Unions legitimate business

6

e 7

ARTICLE 7 - GRIEVANCE PROCEDURE

701 A grievance may arise only from a dispute concerning the

interpretation application administration or alleged violation of this

Agreement The reason(s) for a grievance and the remedy sought and

an indication of the provision(s) of this Agreement alleged to have

been violated shall be submitted in writing within the mandatory time

limits provided herein and shall be signed by the employee and a

STEP 1

STEP 2

middot Steward An earnest effort will be made on the part of both parties

to settle the dispute promptly

Failing a satisfactory settlement of a grievance through oral

discussion with management an employee alone or with the

assistance of his Steward shall present a grievance in writing to

management within five (5) working days of when the matter

came to or ought to have come to the attention of the employee

concerned A meeting shall then be arranged within five (5) working

days with the employee and his Steward and management The

decision by the Company following this meeting shall be given in

writing within five (5) working days of the meeting

If a satisfactory resolution of the grievance is not reached then the

matter may be appealed to the next level of management within five

(5) working days of the delivery of the decision A meeting shall then

be arranged within five (5) working days of the appeal between a

designated representative of the Union and management together

with such additional persons as the parties may deem appropriate

The decision of management shall be rendered in writing within five

(5) working days of the meeting and failing settlement the Union may

within twenty (20) working days of such decision (but not thereafter)

refer the matter to arbitration as hereinafter provided

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

bull 302 The Union recognizes and acknowledges that the management of

the operation and the direction of the working forces are fixed

exclusively in the Company and that the rights of the Company as

they existed prior to the Union obtaining rights for the employees

continue to exist except as limited by this Agreement and without

limiting the said rights of the Company the Union acknowledges

that it is the exclusive function of the Company to

2

(a) maintain order discipline and efficiency and in connection therewith

to make alter and enforce from time to time reasonable rules and

regulations policies and practices to be observed by the employees

discipline or discharge employees for just cause (subject to Article

901 which provides for discharge of a probationary employee on a

lesser standard than just cause) provided that a claim for unjust

discipline or discharge of an employee may be the subject matter of

a grievance

(b) select hire retire transfer assign to shifts schedule vacations

promote demote classify lay off or recall employees and select

employees for positions excluded from the bargaining unit

(c) require employees to provide medical reports of medical

examinations from the employees doctors when the Company has

reasonable justification for requiring such medical reports in the

event such examinations are not paid under applicable Ontario

medical coverage the Company shall be responsible for the doctors

charges

bull bull 3

(d) to operate and manage the operation in any manner in order to

satisfy its commitments and responsibilities determine the

location of operations their expansion curtailment or

discontinuance the subcontracting of work schedules of

operations the number of shifts job content quality and quantity

standards the qualifications of employees to perform any job the

nature of any equipment and machinery change or discontinue

existing equipment machinery methods or processes decide on

the number of employees needed by the Company at any time

number of hours to be worked and starting and quitting times

and

(e) have the sole and exclusive jurisdiction over all operations

buildings machinery equipment and employees

(f) The Company is committed to safe operating practices and will

keep staffing levels sufficient for safe operations

303 The Company agrees that it will not exercise its management rights

in a manner inconsistent with the provisions of this Agreement

ARTICLE 4 - UNION SECURITY

401 (a) All employees covered by this Agreement shall as a condition of

employment shall authorize the Company to deduct the regular monthly

Union dues commencing with the employees first pay period

(b) All employees to whom this Agreement applies shall be required to

join the Union

402 The Company agrees to deduct middotregular monthly Union dues as

certified by the Union to be currently in effect according to the

Constitution and By-laws of the Union from the wages of each

employee on the first payday of each month and to remit the amount

so deducted to the Union Financial Secretary with a list of the

applicable employee names no later than the last day of the month

in which such dues are deducted

403 Upon presentation of a duly signed application for a Union

Membership card the Company agrees to deduct the amount of the

Union initiation fee from the wages of the respective employee and

to remit such amount to the Union not later than the last day of the

month The current Union initiation fees are Fifteen ($1500) Dollars

but may be amended as required by the Union

404 The Union will indemnify the Company and save it harmless from

any and all claims or demands which are made to it by any employee

as a result of any action taken by the Company pursuant to the

provisions of this Article

Union dues deduction receipts for income tax purposes will be

issued by the Company on the employees yearly T-4 slip

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

501 The Union agrees that there will be no strikes or other collective

action which will stop or interfere with the operation of the

Company during the life of this Agreement and the Company agrees

that it will not cause or direct any lockout of the employees during

the life of this Agreement

4

bull The terms strike and lockout shall be as defined in the Ontario

Labour Relations Act

ARTICLE 6- UNION REPRESENTATION

601 The Company recognizes one (1) Steward who shall be chosen from

employees who have acquired seniority under this Agreement The Union

shall notify the Company in writing of the name of such Steward at the

time of their appointment

602 It is recognized that the Steward has their regular work to perform

The Steward may however after obtaining the prior permission of

management take time to attend meetings with management

without loss of pay All such activities shall take place on the Companys

premises and only after permission has been granted by management

Such permission shall not be unreasonably withheld

603 Subject to the prior approval of the Company which approval shall

be sought at least two weeks in advance leave of absence without

pay but without loss of seniority may be granted to an employee for

the purpose of attending authorized Union functions Only one

employee shall be absent on such leave at any time and the total

aggregate days granted for such leave or leaves shall not exceed six

(6) days in any twelve (12) month period

604 The Company agrees to provide each employee with a copy of this

Agreement

5

605 (a) No employee subject to Article 901 regarding probationary

employees shall be disciplined or discharged without just cause

(b) When an employee is to be dismissed the employee shall be

allowed to meet with the Steward for a reasonable period of time at a time

convenient to the Company before the employee leaves the Companys

premises provided circumstances permit

(c) A claim by an employee that he has been unjustly discharged shall

be treated as a grievance beginning at Step 2 provided such claim is

lodged with the Company no later than five (5) working days following the

employees discharge

(d) When the Company suspends or discharges an employee and a

Steward is on the Companys premises at the time the Steward shall be

present unless the employee objects to the Stewards presence When the

Steward is not present the Company agrees to notify the Union of the

action taken

(e) An employee who is discipline free for a period of fifteen (15)

consecutive months shall have all disciplinary notations removed from his

file except for notations of suspension which will remain on the

employees file until a period of twenty-four (24) consecutive disciplineshy

free months have elapsed

606 The Company shall supply a bulletin board for bargaining unit notices

relating to the Unions legitimate business

6

e 7

ARTICLE 7 - GRIEVANCE PROCEDURE

701 A grievance may arise only from a dispute concerning the

interpretation application administration or alleged violation of this

Agreement The reason(s) for a grievance and the remedy sought and

an indication of the provision(s) of this Agreement alleged to have

been violated shall be submitted in writing within the mandatory time

limits provided herein and shall be signed by the employee and a

STEP 1

STEP 2

middot Steward An earnest effort will be made on the part of both parties

to settle the dispute promptly

Failing a satisfactory settlement of a grievance through oral

discussion with management an employee alone or with the

assistance of his Steward shall present a grievance in writing to

management within five (5) working days of when the matter

came to or ought to have come to the attention of the employee

concerned A meeting shall then be arranged within five (5) working

days with the employee and his Steward and management The

decision by the Company following this meeting shall be given in

writing within five (5) working days of the meeting

If a satisfactory resolution of the grievance is not reached then the

matter may be appealed to the next level of management within five

(5) working days of the delivery of the decision A meeting shall then

be arranged within five (5) working days of the appeal between a

designated representative of the Union and management together

with such additional persons as the parties may deem appropriate

The decision of management shall be rendered in writing within five

(5) working days of the meeting and failing settlement the Union may

within twenty (20) working days of such decision (but not thereafter)

refer the matter to arbitration as hereinafter provided

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

bull bull 3

(d) to operate and manage the operation in any manner in order to

satisfy its commitments and responsibilities determine the

location of operations their expansion curtailment or

discontinuance the subcontracting of work schedules of

operations the number of shifts job content quality and quantity

standards the qualifications of employees to perform any job the

nature of any equipment and machinery change or discontinue

existing equipment machinery methods or processes decide on

the number of employees needed by the Company at any time

number of hours to be worked and starting and quitting times

and

(e) have the sole and exclusive jurisdiction over all operations

buildings machinery equipment and employees

(f) The Company is committed to safe operating practices and will

keep staffing levels sufficient for safe operations

303 The Company agrees that it will not exercise its management rights

in a manner inconsistent with the provisions of this Agreement

ARTICLE 4 - UNION SECURITY

401 (a) All employees covered by this Agreement shall as a condition of

employment shall authorize the Company to deduct the regular monthly

Union dues commencing with the employees first pay period

(b) All employees to whom this Agreement applies shall be required to

join the Union

402 The Company agrees to deduct middotregular monthly Union dues as

certified by the Union to be currently in effect according to the

Constitution and By-laws of the Union from the wages of each

employee on the first payday of each month and to remit the amount

so deducted to the Union Financial Secretary with a list of the

applicable employee names no later than the last day of the month

in which such dues are deducted

403 Upon presentation of a duly signed application for a Union

Membership card the Company agrees to deduct the amount of the

Union initiation fee from the wages of the respective employee and

to remit such amount to the Union not later than the last day of the

month The current Union initiation fees are Fifteen ($1500) Dollars

but may be amended as required by the Union

404 The Union will indemnify the Company and save it harmless from

any and all claims or demands which are made to it by any employee

as a result of any action taken by the Company pursuant to the

provisions of this Article

Union dues deduction receipts for income tax purposes will be

issued by the Company on the employees yearly T-4 slip

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

501 The Union agrees that there will be no strikes or other collective

action which will stop or interfere with the operation of the

Company during the life of this Agreement and the Company agrees

that it will not cause or direct any lockout of the employees during

the life of this Agreement

4

bull The terms strike and lockout shall be as defined in the Ontario

Labour Relations Act

ARTICLE 6- UNION REPRESENTATION

601 The Company recognizes one (1) Steward who shall be chosen from

employees who have acquired seniority under this Agreement The Union

shall notify the Company in writing of the name of such Steward at the

time of their appointment

602 It is recognized that the Steward has their regular work to perform

The Steward may however after obtaining the prior permission of

management take time to attend meetings with management

without loss of pay All such activities shall take place on the Companys

premises and only after permission has been granted by management

Such permission shall not be unreasonably withheld

603 Subject to the prior approval of the Company which approval shall

be sought at least two weeks in advance leave of absence without

pay but without loss of seniority may be granted to an employee for

the purpose of attending authorized Union functions Only one

employee shall be absent on such leave at any time and the total

aggregate days granted for such leave or leaves shall not exceed six

(6) days in any twelve (12) month period

604 The Company agrees to provide each employee with a copy of this

Agreement

5

605 (a) No employee subject to Article 901 regarding probationary

employees shall be disciplined or discharged without just cause

(b) When an employee is to be dismissed the employee shall be

allowed to meet with the Steward for a reasonable period of time at a time

convenient to the Company before the employee leaves the Companys

premises provided circumstances permit

(c) A claim by an employee that he has been unjustly discharged shall

be treated as a grievance beginning at Step 2 provided such claim is

lodged with the Company no later than five (5) working days following the

employees discharge

(d) When the Company suspends or discharges an employee and a

Steward is on the Companys premises at the time the Steward shall be

present unless the employee objects to the Stewards presence When the

Steward is not present the Company agrees to notify the Union of the

action taken

(e) An employee who is discipline free for a period of fifteen (15)

consecutive months shall have all disciplinary notations removed from his

file except for notations of suspension which will remain on the

employees file until a period of twenty-four (24) consecutive disciplineshy

free months have elapsed

606 The Company shall supply a bulletin board for bargaining unit notices

relating to the Unions legitimate business

6

e 7

ARTICLE 7 - GRIEVANCE PROCEDURE

701 A grievance may arise only from a dispute concerning the

interpretation application administration or alleged violation of this

Agreement The reason(s) for a grievance and the remedy sought and

an indication of the provision(s) of this Agreement alleged to have

been violated shall be submitted in writing within the mandatory time

limits provided herein and shall be signed by the employee and a

STEP 1

STEP 2

middot Steward An earnest effort will be made on the part of both parties

to settle the dispute promptly

Failing a satisfactory settlement of a grievance through oral

discussion with management an employee alone or with the

assistance of his Steward shall present a grievance in writing to

management within five (5) working days of when the matter

came to or ought to have come to the attention of the employee

concerned A meeting shall then be arranged within five (5) working

days with the employee and his Steward and management The

decision by the Company following this meeting shall be given in

writing within five (5) working days of the meeting

If a satisfactory resolution of the grievance is not reached then the

matter may be appealed to the next level of management within five

(5) working days of the delivery of the decision A meeting shall then

be arranged within five (5) working days of the appeal between a

designated representative of the Union and management together

with such additional persons as the parties may deem appropriate

The decision of management shall be rendered in writing within five

(5) working days of the meeting and failing settlement the Union may

within twenty (20) working days of such decision (but not thereafter)

refer the matter to arbitration as hereinafter provided

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

402 The Company agrees to deduct middotregular monthly Union dues as

certified by the Union to be currently in effect according to the

Constitution and By-laws of the Union from the wages of each

employee on the first payday of each month and to remit the amount

so deducted to the Union Financial Secretary with a list of the

applicable employee names no later than the last day of the month

in which such dues are deducted

403 Upon presentation of a duly signed application for a Union

Membership card the Company agrees to deduct the amount of the

Union initiation fee from the wages of the respective employee and

to remit such amount to the Union not later than the last day of the

month The current Union initiation fees are Fifteen ($1500) Dollars

but may be amended as required by the Union

404 The Union will indemnify the Company and save it harmless from

any and all claims or demands which are made to it by any employee

as a result of any action taken by the Company pursuant to the

provisions of this Article

Union dues deduction receipts for income tax purposes will be

issued by the Company on the employees yearly T-4 slip

ARTICLE 5 - NO STRIKES OR LOCK-OUTS

501 The Union agrees that there will be no strikes or other collective

action which will stop or interfere with the operation of the

Company during the life of this Agreement and the Company agrees

that it will not cause or direct any lockout of the employees during

the life of this Agreement

4

bull The terms strike and lockout shall be as defined in the Ontario

Labour Relations Act

ARTICLE 6- UNION REPRESENTATION

601 The Company recognizes one (1) Steward who shall be chosen from

employees who have acquired seniority under this Agreement The Union

shall notify the Company in writing of the name of such Steward at the

time of their appointment

602 It is recognized that the Steward has their regular work to perform

The Steward may however after obtaining the prior permission of

management take time to attend meetings with management

without loss of pay All such activities shall take place on the Companys

premises and only after permission has been granted by management

Such permission shall not be unreasonably withheld

603 Subject to the prior approval of the Company which approval shall

be sought at least two weeks in advance leave of absence without

pay but without loss of seniority may be granted to an employee for

the purpose of attending authorized Union functions Only one

employee shall be absent on such leave at any time and the total

aggregate days granted for such leave or leaves shall not exceed six

(6) days in any twelve (12) month period

604 The Company agrees to provide each employee with a copy of this

Agreement

5

605 (a) No employee subject to Article 901 regarding probationary

employees shall be disciplined or discharged without just cause

(b) When an employee is to be dismissed the employee shall be

allowed to meet with the Steward for a reasonable period of time at a time

convenient to the Company before the employee leaves the Companys

premises provided circumstances permit

(c) A claim by an employee that he has been unjustly discharged shall

be treated as a grievance beginning at Step 2 provided such claim is

lodged with the Company no later than five (5) working days following the

employees discharge

(d) When the Company suspends or discharges an employee and a

Steward is on the Companys premises at the time the Steward shall be

present unless the employee objects to the Stewards presence When the

Steward is not present the Company agrees to notify the Union of the

action taken

(e) An employee who is discipline free for a period of fifteen (15)

consecutive months shall have all disciplinary notations removed from his

file except for notations of suspension which will remain on the

employees file until a period of twenty-four (24) consecutive disciplineshy

free months have elapsed

606 The Company shall supply a bulletin board for bargaining unit notices

relating to the Unions legitimate business

6

e 7

ARTICLE 7 - GRIEVANCE PROCEDURE

701 A grievance may arise only from a dispute concerning the

interpretation application administration or alleged violation of this

Agreement The reason(s) for a grievance and the remedy sought and

an indication of the provision(s) of this Agreement alleged to have

been violated shall be submitted in writing within the mandatory time

limits provided herein and shall be signed by the employee and a

STEP 1

STEP 2

middot Steward An earnest effort will be made on the part of both parties

to settle the dispute promptly

Failing a satisfactory settlement of a grievance through oral

discussion with management an employee alone or with the

assistance of his Steward shall present a grievance in writing to

management within five (5) working days of when the matter

came to or ought to have come to the attention of the employee

concerned A meeting shall then be arranged within five (5) working

days with the employee and his Steward and management The

decision by the Company following this meeting shall be given in

writing within five (5) working days of the meeting

If a satisfactory resolution of the grievance is not reached then the

matter may be appealed to the next level of management within five

(5) working days of the delivery of the decision A meeting shall then

be arranged within five (5) working days of the appeal between a

designated representative of the Union and management together

with such additional persons as the parties may deem appropriate

The decision of management shall be rendered in writing within five

(5) working days of the meeting and failing settlement the Union may

within twenty (20) working days of such decision (but not thereafter)

refer the matter to arbitration as hereinafter provided

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

bull The terms strike and lockout shall be as defined in the Ontario

Labour Relations Act

ARTICLE 6- UNION REPRESENTATION

601 The Company recognizes one (1) Steward who shall be chosen from

employees who have acquired seniority under this Agreement The Union

shall notify the Company in writing of the name of such Steward at the

time of their appointment

602 It is recognized that the Steward has their regular work to perform

The Steward may however after obtaining the prior permission of

management take time to attend meetings with management

without loss of pay All such activities shall take place on the Companys

premises and only after permission has been granted by management

Such permission shall not be unreasonably withheld

603 Subject to the prior approval of the Company which approval shall

be sought at least two weeks in advance leave of absence without

pay but without loss of seniority may be granted to an employee for

the purpose of attending authorized Union functions Only one

employee shall be absent on such leave at any time and the total

aggregate days granted for such leave or leaves shall not exceed six

(6) days in any twelve (12) month period

604 The Company agrees to provide each employee with a copy of this

Agreement

5

605 (a) No employee subject to Article 901 regarding probationary

employees shall be disciplined or discharged without just cause

(b) When an employee is to be dismissed the employee shall be

allowed to meet with the Steward for a reasonable period of time at a time

convenient to the Company before the employee leaves the Companys

premises provided circumstances permit

(c) A claim by an employee that he has been unjustly discharged shall

be treated as a grievance beginning at Step 2 provided such claim is

lodged with the Company no later than five (5) working days following the

employees discharge

(d) When the Company suspends or discharges an employee and a

Steward is on the Companys premises at the time the Steward shall be

present unless the employee objects to the Stewards presence When the

Steward is not present the Company agrees to notify the Union of the

action taken

(e) An employee who is discipline free for a period of fifteen (15)

consecutive months shall have all disciplinary notations removed from his

file except for notations of suspension which will remain on the

employees file until a period of twenty-four (24) consecutive disciplineshy

free months have elapsed

606 The Company shall supply a bulletin board for bargaining unit notices

relating to the Unions legitimate business

6

e 7

ARTICLE 7 - GRIEVANCE PROCEDURE

701 A grievance may arise only from a dispute concerning the

interpretation application administration or alleged violation of this

Agreement The reason(s) for a grievance and the remedy sought and

an indication of the provision(s) of this Agreement alleged to have

been violated shall be submitted in writing within the mandatory time

limits provided herein and shall be signed by the employee and a

STEP 1

STEP 2

middot Steward An earnest effort will be made on the part of both parties

to settle the dispute promptly

Failing a satisfactory settlement of a grievance through oral

discussion with management an employee alone or with the

assistance of his Steward shall present a grievance in writing to

management within five (5) working days of when the matter

came to or ought to have come to the attention of the employee

concerned A meeting shall then be arranged within five (5) working

days with the employee and his Steward and management The

decision by the Company following this meeting shall be given in

writing within five (5) working days of the meeting

If a satisfactory resolution of the grievance is not reached then the

matter may be appealed to the next level of management within five

(5) working days of the delivery of the decision A meeting shall then

be arranged within five (5) working days of the appeal between a

designated representative of the Union and management together

with such additional persons as the parties may deem appropriate

The decision of management shall be rendered in writing within five

(5) working days of the meeting and failing settlement the Union may

within twenty (20) working days of such decision (but not thereafter)

refer the matter to arbitration as hereinafter provided

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

605 (a) No employee subject to Article 901 regarding probationary

employees shall be disciplined or discharged without just cause

(b) When an employee is to be dismissed the employee shall be

allowed to meet with the Steward for a reasonable period of time at a time

convenient to the Company before the employee leaves the Companys

premises provided circumstances permit

(c) A claim by an employee that he has been unjustly discharged shall

be treated as a grievance beginning at Step 2 provided such claim is

lodged with the Company no later than five (5) working days following the

employees discharge

(d) When the Company suspends or discharges an employee and a

Steward is on the Companys premises at the time the Steward shall be

present unless the employee objects to the Stewards presence When the

Steward is not present the Company agrees to notify the Union of the

action taken

(e) An employee who is discipline free for a period of fifteen (15)

consecutive months shall have all disciplinary notations removed from his

file except for notations of suspension which will remain on the

employees file until a period of twenty-four (24) consecutive disciplineshy

free months have elapsed

606 The Company shall supply a bulletin board for bargaining unit notices

relating to the Unions legitimate business

6

e 7

ARTICLE 7 - GRIEVANCE PROCEDURE

701 A grievance may arise only from a dispute concerning the

interpretation application administration or alleged violation of this

Agreement The reason(s) for a grievance and the remedy sought and

an indication of the provision(s) of this Agreement alleged to have

been violated shall be submitted in writing within the mandatory time

limits provided herein and shall be signed by the employee and a

STEP 1

STEP 2

middot Steward An earnest effort will be made on the part of both parties

to settle the dispute promptly

Failing a satisfactory settlement of a grievance through oral

discussion with management an employee alone or with the

assistance of his Steward shall present a grievance in writing to

management within five (5) working days of when the matter

came to or ought to have come to the attention of the employee

concerned A meeting shall then be arranged within five (5) working

days with the employee and his Steward and management The

decision by the Company following this meeting shall be given in

writing within five (5) working days of the meeting

If a satisfactory resolution of the grievance is not reached then the

matter may be appealed to the next level of management within five

(5) working days of the delivery of the decision A meeting shall then

be arranged within five (5) working days of the appeal between a

designated representative of the Union and management together

with such additional persons as the parties may deem appropriate

The decision of management shall be rendered in writing within five

(5) working days of the meeting and failing settlement the Union may

within twenty (20) working days of such decision (but not thereafter)

refer the matter to arbitration as hereinafter provided

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

e 7

ARTICLE 7 - GRIEVANCE PROCEDURE

701 A grievance may arise only from a dispute concerning the

interpretation application administration or alleged violation of this

Agreement The reason(s) for a grievance and the remedy sought and

an indication of the provision(s) of this Agreement alleged to have

been violated shall be submitted in writing within the mandatory time

limits provided herein and shall be signed by the employee and a

STEP 1

STEP 2

middot Steward An earnest effort will be made on the part of both parties

to settle the dispute promptly

Failing a satisfactory settlement of a grievance through oral

discussion with management an employee alone or with the

assistance of his Steward shall present a grievance in writing to

management within five (5) working days of when the matter

came to or ought to have come to the attention of the employee

concerned A meeting shall then be arranged within five (5) working

days with the employee and his Steward and management The

decision by the Company following this meeting shall be given in

writing within five (5) working days of the meeting

If a satisfactory resolution of the grievance is not reached then the

matter may be appealed to the next level of management within five

(5) working days of the delivery of the decision A meeting shall then

be arranged within five (5) working days of the appeal between a

designated representative of the Union and management together

with such additional persons as the parties may deem appropriate

The decision of management shall be rendered in writing within five

(5) working days of the meeting and failing settlement the Union may

within twenty (20) working days of such decision (but not thereafter)

refer the matter to arbitration as hereinafter provided

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

702 Either the Union or the Company shall have the right to file a written

grievance regarding the interpretation application or administration

of this Agreement at Step 2 of the grievance procedure

703 An employee who claims that he has been wrongfully discharged

may lodge a grievance within five (5) working days after the actual

discharge and such grievance shall be taken up at Step 2 of the

grievance procedure

704 The time limits are mandatory under the grievance and arbitration

procedures but may be waived where mutually agreed in writing

Working days shall not include holidays Saturdays or Sundays

ARTICLE 8 - ARBITRATION

801 Where a difference arises between the parties relating to the

interpretation application or administration of this Agreement

including any question as to whether an allegation is made that this

Agreement has been violated either party may after exhausting the

grievance procedure established by this Agreement notify the other

in writing of its desire to submit the grievance to arbitration The

party wishing to refer a grievance to arbitration must do so within

twenty 20) working days (but not thereafter unless mutually agreed

upon) of the answer at Step 2 of the grievance procedure

8

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

802 The Arbitrator shall be selected by the parties from the list of

approved arbitrators as determined by the Ontario Ministry of

Labour Should the parties be unable to mutually agree on an

Arbitrator after fifteen (15) calendar days since notice as required in

801 was given either party is entitled to request the appointment

of an Arbitrator by the Office of Arbitration of the Ministry of

Labour The Arbitrator shall hear and determine the grievance and

shall issue a decision and the decision shall be final and binding upon

the parties and upon any employee affected by it

803 Each of the parties hereto will jointly share the fees and expenses of

the Arbitrator if any

ARTICLE 9 - SENIORITY

9

901 Newly hired employees shall serve a probationary period of sixty (60)

days worked Upon completion of the probationary period a new

employee shall have his seniority dated back to the first day worked

from the most recent date of hire A probationary employee may be

discharged where in the opinion of the Company any of the employees

performance conduct ability attendance or ability to get along with

other employees or supervisors appears unsatisfactory providing that in

making such evaluation the Company does so in good faith

902 Seniority as referred to in this Article shall mean length of

continuous service in the bargaining unit

903 The Company will maintain a seniority list showing the date upon

which each employees seniority commenced The Company shall

both post in the workplace and supply the Union with an up-to-date

copy of the seniority list every six (6) months

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

10

904 When reducing the work force the employee having the least

seniority in the bargaining unit shall be laid off first provided that the

remaining employees are able to demonstrate equal skill and ability to

perform the work to be done at the Companys facility However

employees shall be allowed up to a five (5) day orientation period to

demonstrate that they have equal skill and ability to perform the work

to be done Subject to this same qualification recalls to work

following layoff shall be in the reverse order of the layoff

905 An employee will lose his seniority and will be deemed to have

terminated his employment for any of the following reasons

(a) if he quits

(b) if he is discharged and such discharge is not reversed through

the grievance and arbitration procedure

(c) if the employee has been laid off for a period of one ( 1) year

(d) if the employee is absent from work for a period of three (3)

consecutive scheduled working days or more where the Company has

not agreed to the absence and the employee fails to notify the

Company within the three (3) days of the absence with the reasons for

the absence which must be valid and reasonable or

(e) if the employee is absent due to illness or injury for a period in

excess of two (2) years

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

906 When recalling an employee from layoff he shall be notified by

telephone and registered mail If the employee does not contact the

Company within five (5) working days from the date that the

11

registered mail is sent and the telephone call attempted to make

arrangements to report to work the employee shall be deemed to have

quit and abandoned his job It shall be the employees responsibility to

keep the Company notified as to any change of his address or

telephone number so that the Company records will be up-to-date at all

times

907 Employees promoted to supervisory positions not covered by this

Agreement shall retain but shall not accrue seniority for a period of

up to twelve ( 12) months after promotion if transferred back into

the bargaining unit within that period

ARTICLE 10- HEALTH AND SAFETY

1001

1002

The Company and the Union agree to promote the health and safety

of all employees at the workplace The Company agrees to take all

reasonable precautions for the safety of its employees during

working hours and the employees will comply with all Company

safety requirements

The Company agrees that the Union has the right to choose one (1)

employee to sit on the joint health and safety committee Further

the Company agrees to pay this employee their regular rate or

premium rate whichever is applicable for time spent during such

employees scheduled working hours carrying out his duties as a

member of this committee and for the time spent attending

committee meetings

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

1003 Employees shall refrain from smoking on the Companys premises

except in designated smoking areas

12

ARTICLE 11 -VACATIONS

1101 Subject to the conditions below employees shall be entitled

to the following vacation entitlements

Less than one (1 ) full year of One (1) day off per full month of employment

service as at April 30 of the current to a maximum of 1 0 days with pay equal to

year

One (1) to four (4) full years of

4 of gross pay received during the

reference period

Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period

year

More than four (4) and up to ten Two (2) weeks with 4 of gross pay

(1 0) years of service as at April 30 received during the reference period plus (1)

of the current year one week at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than ten (1 0) and up to Two (2) weeks with 4 of gross pay

twenty (20) years of service as at received during the reference period plus (2)

April 30 of the current year two weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

More than twenty (20) full years of Two (2) weeks with 4 of gross pay

service as at April 30 of the current received during the reference period plus

13

year three (3) weeks at the regular hourly earnings

provided the employee has worked at least

39 weeks during the reference period

1102 (a) The reference period means the vacation year and is the period

between May 1 of the preceding year and April 30 of the current

year ie the reference period for the vacation period starting May 1

1999 is the period May 1 1998 to April 30 1999

(b) An employee who commenced employment on April 20 of a

reference year will have completed one full year of employment by

April 30 of the following year An employee who commenced

employment on May 10 of the reference year will not have

completed a full year of employment by April 30 of the following

year

(c) An employee with more than four (4) full years of service but

who has not worked 39 weeks during the reference period receives

instead of the additional vacation weeks at his regular hourly

earnings 2 of the gross pay received during the reference period

for each additional vacation week

(d) Only one (1) employee may be absent on vacation at any one

time Employees shall be granted vacation time by seniority

Vacations will be bid no later than March 31 in any year and

vacations scheduled may only be changed provided that they do not

interfere with vacations selected by other employees

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

14

(e) When an employees scheduled vacation day coincides with a

paid statutory holiday or another day established by statute or

decreed by the Company for its observance such vacation day shall

be taken on a day mutually agreeable to the Company and the

employee

(f) For the purpose of this Article regular hourly earnings shall

mean the employees regular hourly rate multiplied by the employees

regularly scheduled hours averaged over the thirteen (13) week

period prior to the employees vacation

ARTICLE 12 - HOLIDAYS

1201

1202

1203

ltUWS 1lfi Eligible employees shall be paid at their regular~for the following

holidays subject to the terms and conditions provided below

New Years Day

Good Friday

Victoria Day

Canada Day

Civic Holiday

labour Day

Thanksgiving Day

Christmas Day

Boxing Day

January 2

Eligibility for the foregoing holidays will be in accordance with the

qualifying provisions of the Employment Standards Act of Ontario

Employees required by the Company to work on a holiday (except for

Christmas) shall be paid time and one-half ( 1 Y2) for hours worked

plus holiday pay Employees required to work on Christmas day shall

be paid double time 2X) for hours worked plus holiday pay

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

1204

1301

1302

1303

If a holiday falls on a Saturday or Sunday and another day is

established by statute or decreed by the Company for its

observance it shall be deemed to be the holiday for the purpose of

this Agreement

ARTICLE 13 - HOURS OF WORK AND OVERTIME

Employees normal hours of work shall be eight (8) hours per day

Monday to Friday An unpaid thirty (30) minute lunch break shall be

provided during the course of the day shift as close as possible to the

middle of the shift The afternoon and night shift will include a paid

thirty (30) minute lunch break to be taken as close as possible to the

middle of the shift

(a) Employees shall be compensated at the rate of one and

one-half ( 1 l their regular straight time hourly rate for all work

actually performed in excess of eight (8) hours in a day provided they

have worked forty (40) hours in the week except as work is restricted

by the Company and for any hours worked Saturday or Sunday

Weekend overtime will be offered to employees qualified to do the

work on a rotational basis

(b) If overtime work is required on a Saturday or Sunday the Company

guarantees it will provide four hours pay at the overtime rate provided

the employee works the four hours unless heshe is required to work

on a Saturday or Sunday with less than twenty-four (24) hours notice

in which case four hours at the overtime rate will be paid in any event

Notwithstanding Article 1301 should business considerations and

customer demand lead the Company to amend the current method

of shift scheduling the Company agrees to notify the Union of its

intentions as far as is practicable before the proposed schedule

15

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

1304

1305

The Company shall pay employees who are scheduled and work the

afternoon and evening shifts the following premiums These premiums

shall not be pyramided with overtime premiums

Afternoon Shift

Evening Shift

40centhour worked

65centhour worked

(a) The Company agrees to distribute overtime opportunities as

equitably as is reasonably possible having regard to the efficiency of

the Companys operations

b) The parties agree that the Company shall keep and post a record

of overtime hours worked or declined and shall provide such record to

the Union on request

16

ARTICLE 14 - BENEFITS

1401

1402

For full time employees the Company shall continue to pay a portion of

the premium cost of the group health insurance plan as outlined in

Appendix A of this agreement and in the employee benefit booklet

and employees will continue to pay their portion of the premium cost of

this plan The Companys only obligation in regard to the group health

insurance plan shall be to pay its portion of the premium cost

The Company agrees to pay full time employees if they are unable to

work due to a temporary illness or non-occupational injury Full time

employees will be paid for sick days at one hundred ( 1 00) percent

of their base wage multiplied by eight (8) hours for each day that they

are unable to perform their normal duties Where a full time employee

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

1403

17

is absent payment of wages for sick days may be subject to medical

evidence indicating the nature and duration of the employees illness or

injury Sick days will be paid by the Company to a maximum of six (6)

sick days per calendar year for full time employees Employees must

have completed their probationary period to be eligible At the end of

the calendar year unused sick days will be banked for future use to a

maximum of twelve (12) days which can be carried forward Part time

employees will be eligible to a sick bank of twenty-four (24) hours per

year as sick time and carry forward unused hours to a maximum of

forty-eight (48) hours

The Companys Pension and RRSP practice will continue in accordance

with the Company policy issued May 1998 and revised October 1998

ARTICLE 15- BEREAVEMENT LEAVE

1501 (a) In case of a death in the immediate family of an employee the

Company shall grant leave of absence with pay not to exceed three (3)

days at the employees normal straight time hourly rate where it is

necessary for the employee to miss his regularly scheduled shifts for

the purpose of attending the funeral and making funeral arrangements

(b) Immediate family means mother father brother sister spouse

guardian children stepchildren who reside with the employee

grandchildren stepparent stepbrother and stepsister

(c) In the case of a mother-in-law father-in-law grandparents sistershy

in-law brother-in-law the employee will be granted one (1) day leave of

absence with pay at the employees normal straight time hourly rate to

attend the funeral where the funeral occurs on a day the employee is

scheduled to work

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

18

ARTICLE 16 - REPORTING PAY

1601 Employees who report for work at their regular starting time and for

whom no work is provided shall be paid four (4) hours pay at their

regular straight time hourly rate This provision shall not apply where

the Company notifies the employee prior to the commencement of his

shift not to report nor shall this provision apply where the Company

decides not to make work available due to mechanical failures acts of

God or unforeseen circumstances The Company will attempt to notify

employees before they report in in any event

ARTICLE 17 - JURY DUTY

1701

1702

The Company shall pay an employee who is required to serve as a

juror in a court of law or who is subpoenaed as a witness in a court of

law the difference between any pay (net of reimbursed expenses) he

receives as a juror or witness and the pay the employee would have

been paid if he had worked his regularly scheduled hours (to a

maximum of eight [8] hours per day)

The Company shall not reimburse any employee for more than thirty

(30) days pay Employees are required to return to work each day

after being excused from jury duty if more than three (3) hours remain

in the employees scheduled shift (except where the employee is

scheduled on afternoon or evening shift) The employee may be

required to present written proof of the amount of jury duty or witness

pay he received and verification that he was required to and did serve

as a juror or witness

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

ARTICLE 18- WAGES AND CLASSIFICATIONS

1801 The Company agrees that employees employed in the bargaining unit

will be paid as follows

Customer Service Co-ordinator

Ma~ 1 2000 Ma~ 1 2001

Start rate $1315 $1345

After 2 years $1515 $1540

After 5 years $1590 $1620

Note Student $875

Cheryl - red circled $1375 $1405

Bill - red circled $1600 $1630

Allie Mary - Second year rate to apply

ARTICLE 19 -UNIONMANAGEMENT CONSULTATION

1901 At the request of either party the parties will meet every four

(4) months for the purpose of discussing issues related to the

workplace which affect the parties The meetings will include

attendance by a Company representative the Union Business

Agent and a Steward An agenda will be set and submitted in

writing at least one (1 week before any such meeting to both

parties The issues discussed at the meeting shall be limited to

the agenda items unless the parties mutually otherwise agree

19

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

ARTICLE 20- DURATION

2001 This Agreement shall be effective from May 1 2000 until

April 30 2002 and shall be continued in effect from year to year

thereafter unless either party gives notice to the other party in

writing at least thirty (30) days prior to but not more than ninety

(90) days prior to the expiry of this Agreement or a renewal of this

Agreement with respect to its desire to terminate or amend the

Agreement

DATED at HA fYIIt TotJ Ontario

this -4- dayof (cJy 2000 I

FOR MONTANK INC

91lr~

DATED at Jllt)fllftlf)- Ontario

this 0 ~ day of ~ y 2000

FOR CANADIAN UNION OF OPERATING ENGINEERING AND GEN RAL WORKERS

20

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

APPENDIX middotA

MONTANK INC

BENEFIT PLAN

All full time employees of Montank Inc shall be entitled to receive

benefits as described in the benefits booklet Your Group Benefits

Plan Montank Inc The details will be governed by the Sun life

contract number 55164 effective September 1 1996 A summary

of benefit entitlement is set out below

life Insurance

Dependant life

AD amp D

long Term Disability

Medical Benefits

2X regular salary

Company to pay 1 00 of the premium cost

$500000 spouse $200000 child

Company to pay 100 of the premium cost

2X regular salary

Company to pay 1 00 of the premium cost

66 23 of regular salary

Employee to pay 100 of the premium cost

Hospital extended health prescription drugs out

of province expenses emergency travel

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

21

Dental Basic dental preventative X-rays endodontics

oral surgery crowns dentures oral surgery

(maximum $200000 in coverage any benefit

year)

Premiums 1 00 Employer paid 80 payout of

claims subject to deductibles

22

The union agrees that changes may be implemented to this program during the life of

this agreement

Themiddot company agrees that such changes will not reduce the level of benefits during

the life of this agreement

LETTER (1)

To Rose mary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

The parties agree to maintain the present practice of flexibility with respect to day shift

breaks However the Company maintains the right to schedule employee breaks

-HARRY VAN BOXMEER

LETTER 2)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

It is understood that on the off-shifts an employee may be required to interrupt hisher

lunch break as business requires

HARRY VAN BOXMEER

LETTER OF UNDERSTANDING (3)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

This is to confirm that the start date with the Company for Rich Kralick is November 22

1999 and for Cheryl Jeffries is August 12 1999

The start date for Mary Nikolica is November 8 1999 except for purposes of the wage

grid and vacation schedule Marys start date for these purposes is April1 1998

Allie Torkelsons start date is October 1 1997

This will also confirm that Rich Kralick and Cheryl Jeffries have passed their

probationary period and that their benefits are not retroactive Rich is considered to be

on the Company payroll effective April 3 2000 and his benefit entitlement is subject to

the insurance carriers waiting period

HARRY VAN BOXMEER

LETTER (4)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

Mary Nikolica is entitled to receive life insurance AD amp D and long term disability

benefits premiums to be paid in accordance with the Collective Agreement

91~e--HARRY VAN BOXMEER

LETTER (5

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

The Company agrees that the education assistance program and the safety recognition

program will continue to apply for the term of the Collective Agreement

9Ut~-HARRY VAN BOXMEER

LETTER 6)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

If on-call is required the parties will negotiate the rate and other terms of the

on-call

HARRY VAN BOXMEER

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

LETTER (7)

Re Collective Agreement 2000-2002

Upon ratification the employer will pay each employee in the bargaining unit Five

Hundred ($50000) Dollars to an RASP designated by the employee in lieu of

retroactivity

HARRY VAN BOXMEER

LETTER 2)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

It is understood that on the off-shifts an employee may be required to interrupt hisher

lunch break as business requires

HARRY VAN BOXMEER

LETTER OF UNDERSTANDING (3)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

This is to confirm that the start date with the Company for Rich Kralick is November 22

1999 and for Cheryl Jeffries is August 12 1999

The start date for Mary Nikolica is November 8 1999 except for purposes of the wage

grid and vacation schedule Marys start date for these purposes is April1 1998

Allie Torkelsons start date is October 1 1997

This will also confirm that Rich Kralick and Cheryl Jeffries have passed their

probationary period and that their benefits are not retroactive Rich is considered to be

on the Company payroll effective April 3 2000 and his benefit entitlement is subject to

the insurance carriers waiting period

HARRY VAN BOXMEER

LETTER (4)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

Mary Nikolica is entitled to receive life insurance AD amp D and long term disability

benefits premiums to be paid in accordance with the Collective Agreement

91~e--HARRY VAN BOXMEER

LETTER (5

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

The Company agrees that the education assistance program and the safety recognition

program will continue to apply for the term of the Collective Agreement

9Ut~-HARRY VAN BOXMEER

LETTER 6)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

If on-call is required the parties will negotiate the rate and other terms of the

on-call

HARRY VAN BOXMEER

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

LETTER (7)

Re Collective Agreement 2000-2002

Upon ratification the employer will pay each employee in the bargaining unit Five

Hundred ($50000) Dollars to an RASP designated by the employee in lieu of

retroactivity

HARRY VAN BOXMEER

LETTER OF UNDERSTANDING (3)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

This is to confirm that the start date with the Company for Rich Kralick is November 22

1999 and for Cheryl Jeffries is August 12 1999

The start date for Mary Nikolica is November 8 1999 except for purposes of the wage

grid and vacation schedule Marys start date for these purposes is April1 1998

Allie Torkelsons start date is October 1 1997

This will also confirm that Rich Kralick and Cheryl Jeffries have passed their

probationary period and that their benefits are not retroactive Rich is considered to be

on the Company payroll effective April 3 2000 and his benefit entitlement is subject to

the insurance carriers waiting period

HARRY VAN BOXMEER

LETTER (4)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

Mary Nikolica is entitled to receive life insurance AD amp D and long term disability

benefits premiums to be paid in accordance with the Collective Agreement

91~e--HARRY VAN BOXMEER

LETTER (5

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

The Company agrees that the education assistance program and the safety recognition

program will continue to apply for the term of the Collective Agreement

9Ut~-HARRY VAN BOXMEER

LETTER 6)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

If on-call is required the parties will negotiate the rate and other terms of the

on-call

HARRY VAN BOXMEER

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

LETTER (7)

Re Collective Agreement 2000-2002

Upon ratification the employer will pay each employee in the bargaining unit Five

Hundred ($50000) Dollars to an RASP designated by the employee in lieu of

retroactivity

HARRY VAN BOXMEER

LETTER (4)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

Mary Nikolica is entitled to receive life insurance AD amp D and long term disability

benefits premiums to be paid in accordance with the Collective Agreement

91~e--HARRY VAN BOXMEER

LETTER (5

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

The Company agrees that the education assistance program and the safety recognition

program will continue to apply for the term of the Collective Agreement

9Ut~-HARRY VAN BOXMEER

LETTER 6)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

If on-call is required the parties will negotiate the rate and other terms of the

on-call

HARRY VAN BOXMEER

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

LETTER (7)

Re Collective Agreement 2000-2002

Upon ratification the employer will pay each employee in the bargaining unit Five

Hundred ($50000) Dollars to an RASP designated by the employee in lieu of

retroactivity

HARRY VAN BOXMEER

LETTER (5

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

The Company agrees that the education assistance program and the safety recognition

program will continue to apply for the term of the Collective Agreement

9Ut~-HARRY VAN BOXMEER

LETTER 6)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

If on-call is required the parties will negotiate the rate and other terms of the

on-call

HARRY VAN BOXMEER

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

LETTER (7)

Re Collective Agreement 2000-2002

Upon ratification the employer will pay each employee in the bargaining unit Five

Hundred ($50000) Dollars to an RASP designated by the employee in lieu of

retroactivity

HARRY VAN BOXMEER

LETTER 6)

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

Re Collective Agreement 2000-2002

If on-call is required the parties will negotiate the rate and other terms of the

on-call

HARRY VAN BOXMEER

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

LETTER (7)

Re Collective Agreement 2000-2002

Upon ratification the employer will pay each employee in the bargaining unit Five

Hundred ($50000) Dollars to an RASP designated by the employee in lieu of

retroactivity

HARRY VAN BOXMEER

To Rosemary Tait

From Harry Van Boxmeer

Date June 8 2000

LETTER (7)

Re Collective Agreement 2000-2002

Upon ratification the employer will pay each employee in the bargaining unit Five

Hundred ($50000) Dollars to an RASP designated by the employee in lieu of

retroactivity

HARRY VAN BOXMEER