COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT BETWEEN: AND: ONTARIO LIMITED, C.O.B. AS JONSSON s YOUR INDEPENDENT GROCER UNITED FOOD AND COMMERCIAL WORKERS CANADA, LOCAL 175 TERM: July 16,2017- July 15,2023

2 Contents ARTICLE 1 - PURPOSE... 1 ARTICLE 2 - RECOGNITION... 1 ARTICLE 3- UNION SECURITY... 2 ARTICLE 4 - MANAGEMENT RIGHTS....4 ARTICLE 5- DISCHARGE AND DISCIPLINE....4 ARTICLE 6- DISCRIMINATION... 5 ARTICLE 7- UNION PRIVILEGES... 5 ARTICLE 8- SHOP STEWARDS... 6 ARTICLE 9- SENIORITY... 6 ARTICLE 10- HOURS OF WORK AND OVERTIME... 9 ARTICLE 11 -STATUTORY HOLIDAYS ARTICLE 12 - VACATIONS ARTICLE 13- GRIEVANCE AND ARBITRATION ARTICLE 14 - WORKERS' COMPENSATION ARTICLE 15- WAGES ARTICLE 16 - LEAVE OF ABSENCE ARTICLE 17 - BEREAVEMENT ARTICLE 18 - JURY DUTY ARTICLE 19 - NO STRIKE, NO LOCK-OUT ARTICLE 20 - RETRO-ACTIVITY ARTICLE 21 - NOT TO BE UNLAWFUL ARTICLE 22- UNIFORMS ARTICLE 23- OCCUPATIONAL HEALTH AND SAFETY ARTICLE 24 - MEALS ARTICLE 25 - BENEFITS ARTICLE 26- GENDER ARTICLE 27- TERM OF AGREEMENT APPENDIX "A" APPENDIX "B" ARTICLE 1- SENIORITY ARTICLE 2- HOURS OF WORK ARTICLE 3- OVERTIME ARTICLE 4- STATUTORY HOLIDAYS ARTICLE 5 - VACATIONS ARTICLE 6- WAGES ARTICLE 7- PREMIUM AND BONUS ARTICLE 8- BEREAVEMENT LEAVE ARTICLE 9- UNIFORMS APPENDIX "C" APPENDIX "D" RE: NIGHT CREW SCHEDULING RE: USAGE OF PART-TIME EMPLOYEES RE: FLOATER DAYS... 35

3 RE: FILING FOR ARBITRATION RE: UFCW TRAINING & EDUCATION FUND RE: PAY EQUITY RE: COLLECTIVE AGREEMENT PRINTING REGIONAL OFFICE: U.F.C.W. CANADA, LOCAL HAMILTON AVENUE NORTH OTTAWA, ONTARIO K1Y 186 TELEPHONE: or ufcw175.com

4 ARTICLE 1 - PURPOSE 1.01 The Employer and the Union each represents that the purpose and the intent of this Agreement is to promote co-operation and harmony, to recognize mutual interests, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Employer, to promote efficiency and service, to set forth herein the basic agreements covering rates of pay, hours of work and conditions of employment. ARTICLE 2 - RECOGNITION 2.01 (a) The Company, recognizes the Union as the bargaining agent for all employees of Ontario Limited c.o.b. as Jonsson's Your Independent Grocer 2600 Hwy 43 West South Side, (Kemptville Mall,) in the Township of Grenville, save and except, Department Managers, persons above the rank of Department Managers, Computer Assisted Ordering (CAO) Manager, Office employees, and Head Cashier (b) (c) A "full-time employee" covered by this Agreement shall be an employee who is normally scheduled to work forty (40) hours each week. A part time employee is an employee who is normally scheduled to work thirty-two (32) hours per week or less. A part time employee shall be covered by the provisions of Appendix "B" which is attached and forms part of this agreement With the exception of those exclusions as stipulated in section 2.01, nonbargaining unit employees will not perform work normally performed by a bargaining unit employee within their department, except in the following instances. 1) Persons excluded from the bargaining unit as stipulated in article 2.01 may perform any task pertaining to their function. 2) In cases of sample demonstration, facing, layout and special displays, sales representatives are authorized to handle the merchandise. 3) Suppliers may stock non-food products done by rack jobbers, spices, breads, cakes, drinks, chips, cookies, crackers, dairy, snacks, yogurt and ice. 1

5 4) In cases of store renovations or major rearrangements, there are no restrictions with regards to work performed by sales representatives. The Employer shall give prior notice in writing of such a situation indicating the beginning and expected end dates of such work. 5) Verification of product codes by sales representatives. 6) Use of suppliers as stipulated in paragraph 3 above must not result in the layoff of employees normally affected in the production in the department where the work was accomplished. ARTICLE 3 - UNION SECURITY 3.01 (a) It is agreed that all employees covered by this agreement shall become and remain, members of the Union in good standing as a condition of employment. (b) New employees shall make application for membership in the Union at the time of hiring and shall remain members of the Union in good standing as a condition of employment The Company shall, during the term of this Agreement as a condition of employment, deduct from members of the bargaining unit the regular weekly Union dues, initiation fees and/or assessments and such monies shall be remitted to the Union prior to the 15th day of the month following the month in which such deduction is made. The Company shall notify the Union of new employee's classification and rate of pay, in addition to terminations, on a monthly basis. Deduction statements shall be documented, containing the full name of the employee and his starting date. The Company agrees to record the annual Union Dues Deductions for each employee on his T-4 form. The dues and initiation report will be provided in the form of (remit@ufcw175.com) as well as a hard copy of the dues report being attached to the remittance cheque. The remittance statement shall be documented by location containing a dues and initiation report which shall be provided in the form of (remit@ufcw175.com) as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spread sheet in "Excel", "Quattro Pro", "Lotus" or other software program acceptable and adaptable to the Union. The spreadsheet will be in a table format provided by the Union and will provide the following current information, as known to the Company: 2

6 1) S.I.N 2) Full Name (Last/First/Initials) 3) Full Address, including City and Postal Code 4) Telephone Number (including area code) 5) Date of Hire 6) Rate of Pay 7) Classification 8) Full-time or Part-time designation 9) Total Dues Deducted 10) Initiation fees Deducted 11) Total Initiation Fees Deducted Company to supply the Union office with a list of all employees on a quarterly basis. This list of employees is to be in alphabetical order. It is understood and agreed that by virtue of their membership in the Union, bargaining unit employees consent and agree to the collection, use or disclosure of personal information as it relates to their membership in and representation by the Union In the event that such weekly dues, initiation fees and/or assessments are changed during the term of the Agreement, such changes must be given to the Company by notice properly authorized by Union officials and shall become effective within one (1) month from the date notice was received Paragraph 3.02 above is subject to the provisions that the Company, its agents and/or employees acting on behalf of the Company, shall in no way be responsible for any errors or omissions arising from the collection of and accounting of such dues and/or the custody of same. The union shall indemnify and save harmless the Company, its agents and/or employees acting on behalf of the Company, from any and all claims, demands, actions or causes of action arising out of, or in any way connected with the collection or attempted collection, custody of and/or accounting of such dues. It is the sole responsibility of the Union to ensure that any personal information provided by the Company in accordance with the terms and conditions of this collective agreement be used in a manner consistent with the purpose for which it was collected and that the privacy of the information is protected in accordance with the applicable jurisprudence New employees shall be documented and documents forwarded to Union Head Office within two weeks of hiring. 3

7 ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The Union agrees that the Employer has the exclusive right and power to manage its business, to direct the work force and to suspend, discharge or discipline employees for just and sufficient cause, to hire, promote, demote, transfer or lay off employees, to establish and maintain reasonable rules and regulations covering the operation, provided however, that any exercise of these rights and powers in conflict with any of the provisions of this Agreement shall be subject to the provisions of the Grievance Procedure as set out herein The Union agrees that the Employer has the exclusive right and power to determine the nature and kind of business conducted by the Employer, the methods and techniques of work, the content of jobs, the schedules of work, the number of employees to be employed, the extension, limitation, curtailment or cessation of operations or any part thereof The parties agree that the foregoing enumeration of Management's rights shall not be deemed to exclude recognized functions of Management not specifically covered in this Agreement. The Employer, therefore, retains all rights not otherwise specifically covered in this Agreement The Company reserves the right to create new positions and/or classifications. Should the parties fail to reach a satisfactory agreement concerning the wage rates for the new position and/or classification, the Company shall apply the decision they deem necessary and the matter may be submitted to arbitration as outlined in Section of this Agreement. ARTICLE 5 - DISCHARGE AND DISCIPLINE 5.01 (a) No employee shall be discharged or disciplined except for just and sufficient cause. Discharge and discipline grievances may be settled by confirming the Employer's decision or by reinstating the discharged or suspended employee with full compensation for time lost, less interim earnings, if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or a Board of Arbitration if the matter is referred to it. (b) The Employer agrees that whenever an interview is held with an employee regarding his work or conduct which becomes part of his record, the shop steward shall be present at such interview. The steward will leave the meeting if requested by the employee. 4

8 (c) (d) Any notation of a reprimand or other disciplinary action placed on an employees record shall be nullified after a period of eighteen (18) months provided no other notice for the same offence was received for this eighteen (18) month period, except for disciplinary action related to harassment and violence in the workplace which shall remain part of an employee's record for thirty-six (36) months. The Company agrees that, whenever a disciplinary interview is held with an employee that becomes part of his/her record, a steward shall be present as a witness. In the event there is no steward available, the employee may select another bargaining unit member to be present as a witness. The employee may request that the steward leave the meeting. Disciplinary measures must be issued in writing and the employee shall receive a copy of such disciplinary notice within seven (7) days worked from the date of such disciplinary meeting. ARTICLE 6- DISCRIMINATION 6.01 The Employer and the Union agree that pursuant to the Ontario Human Rights Code every employee has the right to equal treatment with respect to employm~nt without discrimination and harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status, handicap, or political conviction. If such a situation exists a meeting shall be held within the shortest possible time frame. ARTICLE 7 - UNION PRIVILEGES 7.01 Authorized representatives of the Union shall be entitled to visit the Employer's premises for the purpose of observing working conditions, interviewing employees and ensuring that the terms of this Agreement are being implemented. The interviewing of an employee shall be permitted after the Manager, or in his absence, the appropriate management representative has given his consent The Employer agrees to provide bulletin boards in a satisfactory place and agrees that the Union may post notices on such board, provided all such notices have the prior approval of the Store Owner/Manager, prior to posting The Union agrees to forward to the Company the name of the store steward. 5

9 ARTICLE 8- SHOP STEWARDS 8.01 (a) The Union shall have the right to appoint two (2) Shop Stewards. (b) On commencing employment, an employee will be advised by the Company that a Union Agreement is in effect and who the Union Stewards are The Company agrees, during the lifetime of this agreement, to grant time off with pay to two (2) employees for the purpose of Collective Bargaining The Employer and the Union agree to defray equally the cost of the meeting room(s) for the purpose of collective bargaining On commencing employment, the Employer will introduce the Union Steward and provide the necessary time, up to fifteen (15) minutes with pay, for Union Orientation with the group of new hires. ARTICLE 9 - SENIORITY 9.01 (a) Seniority shall be recognized by the Employer and shall be based on the length of continuous service as a full-time employee. It is agreed that_ employees only acquire and exercise seniority on an individual store basis. (b) The Employer agrees to recognize the accumulation of the seniority of an employee who is absent from work due to sickness, accident or compensation upon his return to work The first ninety (90) days worked shall be considered a probationary period. It is understood between the Employer and the Union that a probationary employee shall be considered an employee for all purposes of the Agreement save that a probationary employee may be dismissed at any time during the probationary period without recourse to the grievance and arbitration procedure Seniority lists for full-time employees shall be posted by the Employer semiannually (a) Lay-offs and recalls shall be based on seniority, availability, qualifications and ability to perform the work. Full time employees who are laid off or who voluntarily terminate from the full time payroll shall, if they so desire, be placed on the part time call in list based on the length of accumulated full time and if applicable part time uninterrupted service with the 6

10 Company and shall be scheduled for part time work insofar as that length of senice entitles them. Such employees shall receive the lesser of their full time hourly rate at the time of their lay off or resignation or the end rate in the part time wage progression. (b) In the event of a layoff, employees shall receive notice of lay off or pay in lieu of notice as set out in the Ontario Employment Standards Act In the event of a vacancy occurring for a full-time bargaining unit position, fulltime shall receive preference for such full-time positions provided they have the necessary availability, ability and qualifications to perform the work An employee shall lose his seniority and shall be terminated from the employ of the Employer if he: (a) (b) (c) voluntarily leaves the employment of the Employer; is discharged for just cause; is absent from work for more than three (3} working days without prior notification to the Employer, unless failure to return to work is for reasonable cause; (d) is absent from work due to sickness or disability for more than three (3) days and fails upon return to work to produce a certificate from a medical practitioner verifying such absence (if a certificate is requested, such request shall be made prior to the employee's return to work); (e) (f) (g) fails to return to work after a recall from lay-off within seven (7) days from the time of receiving the registered letter of notice of recall; fails to return to work upon the conclusion of a leave of absence unless his failure to return is for reasonable cause; fails to take a medical examination by a qualified medical practitioner when requested by the Employer; (h) is laid off due to lack of work and is not recalled within eighteen (18) months or the length of his seniority, whichever is the lesser, but in no event, not less than six (6) months; (i) uses an approved leave of absence for reasons other than those specified to the Employer. 7

11 9.07 Seniority records will be made available to the Regional Office of the Union on a quarter annual basis If employees are absent from work because of sickness, pregnancy leave or disability they shall not lose seniority rights except as provided for in paragraphs 9.06 (c) and (d) of this Agreement. When such employees return to work, they shall be returned to the position that they held prior to their absence, provided they possess the ability and physical fitness to perform the requirements of the job. It is understood that the employee displaced by an employee returning from sickness, pregnancy leave or disability shall return to their former position Employees shall be eligible to schedule vacation entitlement based on departmental seniority Seniority is the principle of granting preference to employees for promotions, transfers, layoffs, and re-calls after layoffs in accordance with the employees bargaining unit seniority, but only where the employee has the necessary skill, ability and qualifications to perform the requirements of the job (a) The Company agrees to post available vacant jobs within the store for a period of five (5) days. (b) If an employee wishes to apply for the available job, he must within five (5) days from the date of posting, submit a written request to the Employer. (c) (d) The Employer must confirm the name of the successful applicant within five (5) days from the end of the deadline provided for in (b) above. Where the skill, ability, and qualifications are equal, seniority shall be the governing factor in determining the successful applicant In the event a bargaining unit member is promoted to a position outside of the bargaining unit it is agreed that they shall be allowed to return to the bargaining unit within three (3) months with no loss of seniority. If a non-bargaining unit employee enters the bargaining unit or returns after three (3) months absence they shall continue seniority from where they left the bargaining unit. 8

12 ARTICLE 10 - HOURS OF WORK AND OVERTIME Employees are expected to attend work regularly. When unable to attend, the employee must notify the Manager or his designate at least two (2) hours or as soon as it is reasonably possible prior to the commencement of the scheduled shift of the employee, giving the reason why the employee is unable to attend, when he expects to return to work and how the Manager or his designate can call him relative to his absence (a) (b) (c) The basic work week for full-time employees shall consist of forty (40) hours per week consisting of five (5) days of eight (8) hours. The schedules of hours and days off for the following week will be posted by Thursday at 3:00 p.m.. A copy of the weekly schedules will be made available to the shop steward upon request. When a full-time employee is ordered to report to work on any day, he shall be guaranteed four (4) hours' pay on that day Full-time employees shall receive overtime at the rate of time and one-half (1-1/2) their regular hourly rate for all hours worked in excess of eight (8) hours per day or forty (40) hours in a week Employees working a shift of five (5) hours or less shall be granted one rest period with pay of fifteen (15) minutes in duration. Employees working a shift of more than five (5) hours but less than seven (7) hours shall be granted two rest periods with pay of fifteen (15) minutes in duration. Employees working a shift of seven (7) hours shall be granted one rest period with pay of fifteen (15) minutes in duration and one-half (1/2) hour unpaid lunch. Employees working a shift of eight (8) hours or more shall receive two rest periods with pay of fifteen (15) minutes in duration each and one (1) hour unpaid meal period, or one half ( Y2 ) hour by mutual agreement Sunday work shall be voluntary for all full-time and part-time employees hired prior to April 3, 2007 and they will continue to receive a Sunday premium of one dollar and sixty cents ($1.60) for all hours worked on a Sunday. Sunday work will continue to be over and above the work week for full-time and part-time employees hired prior to April 3, 2007, unless mutually agreed otherwise between the Employer and the employee concerned. 9

13 Sunday is not voluntary for full-time and part-time employees hired or promoted to full-time after April 3, Sunday is not voluntary for any employee hired after April 3, Similarly, for part-time employees promoted to full-time after April 3, 2007 Sunday is not voluntary. Sunday shall be part of the regular work week and shall be paid at regular time for any employee hired after April 3, 2007 or promoted to full-time after April 3, (a) Employees will not be designated to work more than 1 Saturday night in four (4) for customer shopping convenience, except in an emergency. In each four (4) week operating period, a regular employee shall be scheduled one (1) Saturday off. The regular employee's entitlement herein shall not be reduced when a statutory holiday falls on a Saturday. (b) No employee shall be scheduled to work more than two evenings in any work week. ARTICLE 11 - STATUTORY HOLlO A YS The following holidays shall be recognized as legal paid holidays: New Years Day Good Friday Victoria Day Canada Day Family Day Labour Day Thanksgiving Day Christmas Day Boxing Day Qualification for and calculation of statutory holiday pay shall be provided in accordance with the Employment Standards Act of Ontario Where a holiday falls on an employee's non-workday or in the employee's vacation and the employee qualifies under Article 11.02, the Union agrees that the Employer may, by mutual agreement either: (a) (b) pay the employee his regular wages for the holiday; or designate a working day that is not later than the next annual vacation of the employee and the day so designated shall be deemed to be the holiday Where an employee agrees to work on a holiday, the Employer shall pay the employee for each hour worked on the holiday a premium rate of one and one- 10

14 half (1-1/2) times the employee's regular rate and where the employee qualifies under Article 11.02, his regular wages in addition thereto. ARTICLE 12 - VACATIONS Vacation entitlement for full-time employees shall be as follows: For the purpose of determining vacation entitlement the employees anniversary date will be applied. (i) (ii) employees with less than one (1) year of service shall be entitled to vacation pay in accordance with the Ontario Employment Standards Act. employees with more than one (1) year of service - 2 weeks or 4% of their earnings during the previous calendar year, whichever is greater. (iii) employees with more than five (5) years of service but less than nine (9) years of service - 3 weeks or 6% of their earnings during the previous calendar year, whichever is greater. (iv) employees with nine (9) years or more of service - 4 weeks or 8% of their earnings during the previous calendar year, whichever is greater. For purpose of clarity, the percentage payment referred throughout this Article shall apply to the total earnings of the employee during the previous calendar year as shown on the employee's T4 and T4A form. Employees who have been absent for one (1) year or more shall not be entitled to vacation pay The completed vacation schedule shall be posted on April 1 of each year. The Employer agrees that they will not change the vacation period of any employee unless unforeseen circumstances arise. Such changes shall be by mutual consent between the employee and the Employer. Any employee who has not submitted their vacation plan by March 15 will only be permitted to book vacation at a time that will not interfere with another employee's vacation. The Union encourages all employees to submit their vacation plans as early as possible Employees who are going on vacation will have their day off for the week prior to vacation scheduled for Saturday, provided the operational needs of the business are satisfied. 11

15 ARTICLE 13- GRIEVANCE AND ARBITRATION Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: STEP ONE The grievance must be filed within five (5) working days after the event giving rise to the grievance occurs and within this period of time the employee concerned, his Union Steward and the Manager/Owner shall meet to discuss the grievance. The Manager/Owner shall give an oral decision within five (5) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Grievances shall be filed with the Employer or his designate within five (5) working days from the Employer's oral decision. STEP TWO The employee concerned, his Union representative and the Manager/Owner shall meet to discuss the grievance within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within five (5) working days of the date of the meeting In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may reinstate the employee with full back pay, suspend the employee for a definite period or sustain the discharge Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto The Employer and the Union may file grievances commencing at STEP 2. 12

16 13.06 (a) (b) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided. The time limits as prescribed above may be modified by mutual agreement of the parties. ARBITRATION Should the grievance involve the misinterpretation or alleged violation of the Agreement, either party may be free to appeal to Arbitration from STEP TWO within thirty-one (31) calendar days from the date the decision was given at that STEP. The party requesting Arbitration shall advise the other party in writing of its request, together with a statement as to the issue to be arbitrated. The parties mutually agree that a single Arbitrator shall be appointed in place of a Board of Arbitration. The parties will attempt to agree upon the choice of a person to act as arbitrator within one (1) week of the date of the request for arbitration. Failing that, the Minister of Labour for the Province of Ontario shall be requested to appoint the arbitrator. The Arbitrator shall hear their dispute and the decision of the Arbitrator shall be final and binding upon the parties. The Arbitrator shall not have any jurisdiction to alter or modify any of the provisions of this Agreement, nor to substitute any new provisions in lieu thereof, nor to make any decisions inconsistent with the terms and provisions of this Agreement. Each of the parties hereto will share equally the expenses of the Arbitrator The parties agree that an Arbitrator shall have the power to award compensation or damages to any party or employee who is dealt with contrary to the provisions of this Agreement, or to make any other award that is just and equitable No employee shall be discharged or disciplined except for just and sufficient cause. Discharge or disciplinary grievances may be settled by confirming the Company's decision, or by reinstating the discharged or suspended employee with or without full compensation or back pay for time lost, less interim earnings, if applicable, or by any other arrangement which is just and equitable in the opinion of the parties or of the Arbitrator if the matter is referred to it. 13

17 ARTICLE 14- WORKERS' COMPENSATION The Employer agrees that it will continue to be enrolled under the provisions of the Ontario Workplace Safety and Insurance Act for all employees. The Employer shall also pay an employee for the remainder of the shift in which the accident occurred that would require the employee to take time off. ARTICLE 15 - WAGES Wage rates and classifications of regular employees are contained in Appendix "A" attached hereto and forming part of this agreement When a full-time employee is temporarily assigned by the Manager or his designate, for five (5) days in a calendar week to perform the majority of the duties of a higher classification, he shall be paid a premium of thirty (30) cents per hour above his rate of pay retro-active to the first day of such temporary assignment. Temporary assignments, when filled, will be filled by departmental seniority provided the senior employee has the availability, qualifications and ability to perform the work. For clarity, the majority of the duties means half of the duties or more (a) (b) (c) (d) Regular employees who work on the night shift shall receive a premium of one dollar ($1.00) per hour. An employee assigned the duties of night crew leader shall be paid a premium of one dollar and twenty-five cents ($1.25) per hour, in addition to the night shift premium as se out above. An employee assigned the duties of part-time supervisor shall be paid a premium of seventy-five (75 ) cents per hour. An employee assigned by the Employer to perform the majority of the duties of a Department Manager for more than two (2) days shall receive a premium of ten dollars ($1 0.00) per day retroactive to the first day they were so assigned. ARTICLE 16- LEAVE OF ABSENCE The Employer may grant a leave of absence without pay to any employee for legitimate reasons. Such permission and request are to be in writing on the standard leave of absence request form two (2) weeks in advance, except in an emergency. The Employer shall reply to the request for a leave of absence 14

18 within five (5) days, provided the Manager is not absent on vacation, sickness, etc., in which case the reply shall be given within one (2) days following his return. When a leave of absence is granted, there shall be no loss of seniority. A claim that the Employer withheld permission without justification may be the subject of a grievance and processed accordingly. Any leave of absence which is granted in conjunction with an employee's vacation shall be deemed to follow his vacation period (a) The provisions of the Ontario Employment Standards Act shall govern regarding pregnancy, parental leave and adoption leave. The Employer may grant a leave of absence, without pay, for the purpose of legal adoptions. The Adoption Agency's requirement shall be considered in determining the duration of such leave The Employer agrees that an employee appointed by the Union as a fulltime representative shall be granted leave of absence not to exceed one (1) year without pay while serving in such capacity. Such person shall continue to accumulate seniority while serving as a Union representative and shall be entitled to return to the bargaining unit should his service be terminated by the Union, with full accumulated seniority Written requests for leaves of absence without pay to attend Union Conventions, courses and conferences will be considered by the Owner provided that reasonable notice is given by the Union, such Leaves of Absence shall not be granted during the week before or the week in which a legal holiday falls. ARTICLE17- BEREAVEMENT (a) (b) (c) The Company agrees to grant employees the necessary time off with pay, to a maximum of five (5) consecutive days, including the day of the funeral for one of the following relatives: spouse, son, daughter, step-son and step-daughter, mother, father, step-parents, brother, sister and stepsibling. The Company agrees to grant employees the necessary time off with, to a maximum of three (3} consecutive days with pay, including the day of the funeral of one of the following relatives: Grandparents, grand-children, brother-in-law, sister-in-law, daughter in-law, son-in-law, mother-in-law & father-in-law. The Company agrees to grant employees one (1) day of paid leave on the death of one of the following relatives: Aunt, uncle, niece and nephew. 15

19 17.02 In the event of a delayed internment or ceremony, an employee may save one of the days identified above without loss of pay to attend the internment or ceremony. ARTICLE 18 - JURY DUTY When an employee is called to serve and or serves on jury duty, or serves as a Crown Witness he shall be paid the difference between his fee as a juror and the salary that he would have received if he had fulfilled his normal duties. The employee who is called for jury duty but is not chosen must report to work as soon as possible and will not suffer any loss in salary, for that day Any employee subpoenaed to appear as a witness in any case where neither the Union or the employee is a party thereof receives the difference between the fee as a witness and the salary he would have received had he performed his regular functions. ARTICLE 19 - NO STRIKE, NO LOCK-OUT The Union and the Employer agree that there shall be no strike or lock-out during the term of this Agreement ARTICLE 20 - RETRO-ACTIVITY No part of this Agreement shall be deemed retro-active unless specifically stated. All provisions contained in this Agreement, unless specifically stated to be retroactive in nature, are effective on the date of ratification of this Agreement. ARTICLE 21 -NOT TO BE UNLAWFUL Nothing in this Agreement shall require the Employer or the Union to take any action which shall be unlawful by reason of any present or future Statute of the Province of Ontario. ARTICLE 22 - UNIFORMS Effective August 7, 2018, the Employer agrees to provide each full time employee at no cost to the employee, with two uniforms per calendar year. 16

20 Effective August 7, 2018, uniforms shall be replaced by the Employer when needed due to normal wear and tear. Employees shall be responsible for the cleaning of their own uniforms. Coats and aprons for meat department employees shall be supplied by the Employer and laundered at its expense, as may be reasonably required Full-time employees who are required to wear safety shoes shall be reimbursed to a maximum of one hundred dollars ($ ) each year, upon presentation of a valid receipt. ARTICLE 23- OCCUPATIONAL HEALTH AND SAFETY The Union agrees to cooperate with the Employer in maintaining and improving safe working conditions and habits. The Employer and the Union agree to abide by the provisions of the Occupational Health & Safety Act. The Employer agrees to post on the bulletin boards a notice outlining the parties obligations under the Act in the employee's staff room. ARTICLE 24 - MEALS Times at which meals may be taken shall be arranged with the employee's Manager No employee shall consume any food or beverage belonging to the Employer unless that food or beverage was offered to him by the Employer or paid for by him in advance. A breach of this Article is cause for discharge. ARTICLE 25 - BENEFITS The Employer shall provide the benefits described in Appendix "D" to eligible fulltime employees. Questions of eligibility requirements under the benefits plan are determined by the insurance company and are not arbitrable under the terms of the Collective Agreement. 17

21 ARTICLE 26 - GENDER It is understood that the use of the masculine gender shall include the female gender. ARTICLE 27- TERM OF AGREEMENT This Agreement shall be six (6) years from the 16th day of July, 2017 and shall continue to the 15th day of July, 2023 and shall thereafter be automatically renewed for the period of one (1) year unless either party, on written notice to the other, within a period of not more than ninety (90) days before the expiry date, serves notice of intent to terminate or modify the Agreement. DATED AT Ottawa this r2i!:_ day of :rmaf/ffcf, ' FOR THE UNION tvulual~ - 18

22 APPENDIX "A" FORMING PART OF THIS COLLECTIVE AGREEMENT WAGES AND CLASSIFICATIONS FOR FULL TIME A-1 The following minimum hourly rates of pay set forth below shall become effective as from the following dates and shall remain in full force and effect for the term of this Collective Agreement. Clerk/Cashier Aug 7, 2018 July 15, July 15, July 15, July 15, Start $14.00 $14.25 $14.25 $14.25 $ months $14.25 $14.50 $14.50 $14.50 $ months $14.50 $14.75 $14.75 $14.75 $ months $14.75 $15.00 $15.00 $15.00 $ months $15.00 $15.25 $15.25 $15.25 $ months $15.25 $15.50 $15.50 $15.50 $ months $15.50 $15.75 $15.75 $15.75 $ months $15.75 $16.00 $16.00 $16.00 $ months $16.00 $16.25 $16.25 $16.25 $ months $16.50 $16.75 $16.75 $16.75 $ months $17.50 $17.75 $18.00 $18.25 $ Meat Cutter Aug 7, July 15, July 15, July 15, July 15, Start $14.75 $14.75 $14.75 $14.75 $ months $15.25 $15.25 $15.25 $15.25 $ months 18 months 24 months $16.00 $16.00 $16.00 $16.00 $16.00 $17.00 $17.00 $17.00 $17.00 $17.00 $18.20 $18.45 $18.70 $18.95 $ _L 19

23 All active full-time employees on the payroll as of August 7, 2018 shall be placed on the wage progression in accordance with their months of service as a full-time employee. Notwithstanding the wage progressions for full-time employees, where there is an increase in the Ontario minimum wage rate it shall become the new start rate and those employees so affected shall remain at such rate until their hours/months worked with the Employer would permit them an increase in their rate of pay in accordance with the wage progressions. The Company may, from time to time, introduce incentive programs for full-time employees. Effective within three (3) weeks after August 7, 2018 all active full-time employees at the "end rate" of pay will receive a five hundred dollar ($500.00) lump sum, less applicable statutory deductions. 20

24 APPENDIX "8" PART-TIME EMPLOYEES The following provisions of the Full Time Agreement are applicable to part time employees: Article 1, 2, 3, 4, 5, 6, 7, 8, , , 13, 14, 16, 18, 19, 20, 21, 23, 24, 26,27 DEFINITION: A part-time employee is an employee who is normally scheduled to work thirty-two (32) hours per week or less. The Employer and the Union recognize that part-time employees may work in excess of 32 hours per week in the following circumstances: a) when an employee is absent on Union duties b) from May 15 to September 15 c) when replacing an employee who is on vacation, absent from work because of sickness o~ other valid reason or in case of an emergency d) from December 1 to January 1 e) during promotional periods where a major increase in business is anticipated f) for the two (2) weeks previous to and eight (8) weeks directly following the opening of a new store and the commencement date of promotional activities in a store which has been completely refurbished. The status of a part-time employee shall not be deemed to be changed because he works in excess of 32 hours per week in the above circumstances. ARTICLE 1- SENIORITY 1.01 a) A part-time employee shall not attain seniority until he has completed a probationary period with the Employer. Such probationary period shall be of ninety (90) days worked. It is understood between the Employer and the Union that a probationary employee shall be considered an employee for all purposes of the Agreement save that a probationary employee may 21

25 be dismissed at any time during the probationary period without recourse to the grievance and arbitration procedure. b) Upon completion of such probationary period, an employee's seniority as a part-time employee shall date back to his last date of hire as a part-time employee Seniority lists for part-time employees shall be posted semi-annually The seniority of each part-time employee shall be based on his last date of hire as a part-time employee. The Employer shall forward to the local Union office on a quarterly basis an updated seniority list for part-time employees, and the updated seniority list shall become effective at the commencement of the first full pay week of the quarter Seniority rights and employment shall be terminated if an employee: a) voluntarily leaves the employ of the Employer; b) is discharged for cause; c) is absent for more than three (3) working days without the consent of the Employer; d) fails to return to work within seven (7) days after a recall from layoff, which notice was forwarded by registered mail to his last address (on file with the Employer); e) fails to return to work upon completion of a leave of absence; f) has been laid off for a continuous period of more than twelve (12) months, or a period equal to his seniority, whichever is the lesser; g) is absent from work due to sickness or disability for more than three (3) days and fails upon return to work to produce a certificate from a medical practitioner verifying such absences (if a certificate is requested, such request shall be made prior to the employee's return to work); h) fails to take a medical examination by a qualified medical practitioner when requested by the Employer; and i) uses an approved leave of absence for reasons other than those specified to the Employer. 22

26 1.05 Part-time employees shall be given consideration for full-time employment before hiring outsiders, based on their seniority, ability, qualifications and availability to perform the work required When a part-time employee becomes a regular employee, he has the right to return to his former part-time job and rate of pay within thirty (30) days following his appointment without loss of seniority, if he cannot keep the regular job or if he chooses to return to his former job Lay-offs and re-employment shall be based on seniority, availability and qualifications to perform the work. ARTICLE 2 - HOURS OF WORK 2.01 a) The weekly schedule of hours of work shall be allotted according to seniority providing the senior employee has the necessary ability and qualifications to perform the work and is available. For clarity, the Employer will schedule part-time hours so that the senior part-time employee(s) will have the opportunity to work a weekly schedule of hours that may be up to twenty-four (24), but in no event less than a junior part-time, provided they have the necessary ability and qualifications to perform the work and are available. In the event of hours of work becoming available, within a given week, beyond the schedule of hours for that given week, due to approved absences, sickness, compensation, bereavement and/or an unanticipated increase in business; the Employer or his delegate will call the most senior part-time employee not scheduled that day provided the employee is available and has the qualifications to perform the available work. All call-in hours shall be written on the work schedule. b) c) 2.02 a) A copy of the schedule will be given to the Union Steward on Thursday at 3:00p.m., upon request. Night shift employees are those whose work schedule is between 9:00 p.m. and 8:30a.m. Students covered by this agreement shall not be scheduled for less than four (4) hours on evenings when the store is open for business, on Fridays, Saturdays, on Sundays, on Statutory Holidays, and during their 23

27 school vacation period. It is part-time employees responsibility to give the Employer sufficient notice of their respective vacation periods. b) Part-time employees shall be paid a minimum of four (4) hours call-in pay if they are called in and are available. However, this minimum of four (4) hours shall not apply: (i) (ii) if there is less than four (4) hours of work from the time the employee reports for work until one-half(%) hour after store closing. In this case, a minimum of three (3) hours shall be paid. in the case of part-time employees attending staff meetings, which will not be held more than four (4) times per year the employee will be paid at this regular hourly rate of pay for the duration of the meeting. Attendance at these staff meetings shall be on a voluntary basis. c) As much as possible, rest periods are taken in the middle or near the middle of each daily half period, but the employee is in no way obliged to take his break less than one (1) hour after his arrival on the job or before his departure, or less than one (1) hour before or after his meal period Employees working a shift of five (5) hours or less shall be granted one rest period with pay of fifteen (15) minutes in duration. Employees working a shift of more than five (5) hours but less than seven (7) hours shall be granted two rest periods with pay of fifteen (15) minutes in duration. Employees working a shift of seven (7) hours shall be granted one rest period with pay of fifteen (15) minutes in duration and one-half (%) hour unpaid lunch or three (3) rest periods with pay of fifteen minutes in duration. Employees working a shift of eight (8) hours or more shall receive two rest periods with pay of fifteen (15) minutes in duration each and one (1) hour unpaid meal period, or one half ( Y2 ) hour by mutual agreement A part-time employee shall not be scheduled to work later than one (1) hour beyond the closing time of the store. A part-time employee working the day shift in the Produce, Deli or Meat Departments, shall not be scheduled to work earlier than 6:00 a.m. except by mutual agreement between the Employer and the Employee concerned with the exception of Bakers who are scheduled according to business needs. 24

28 Other part-time day shift employees shall not be scheduled to work earlier than one (1) hour prior to store opening. Any part-time day shift employee shall not be scheduled to work earlier than eleven (11) hours after the completion of his previous shift. These restrictions may be waived by the employee concerned through mutual agreement between the employee and the Employer or his delegate Day shift employees have their main meal period between 10:30 a.m. and 2:30 p.m. Employees working during evening shopping hours have their main meal period between 4:00 p.m. and 7:00 p.m. Any employee working a shift in excess of five (5) hours is entitled to having his meal period as near as possible to the mid-point of his shift There shall be no split shifts. ARTICLE 3 - OVERTIME 3.01 Part-time employees will receive overtime at one and a half (1 Y2) times their regular rate for hours worked in excess of eight (8) hours a day or forty (40) hours in a week Time and one half (1 %) shall be paid for all ~ork performed on statutory holidays Sunday work shall be voluntary for all full-time and part-time employees hired prior to April 3, 2007 and they will continue to receive a Sunday premium of one dollar and sixty cents ($1.60) for all hours worked on a Sunday. Sunday work will continue to be over and above the work week for full-time and part-time employees hired prior to April 3, 2007, unless mutually agreed otherwise between the Employer and the employee concerned. Sunday is not voluntary for full-time and part-time employees hired or promoted to full-time after April 3, Sunday is not voluntary for any employee hired after April 3, Similarly, for part-time employees promoted to full-time after April 3, 2007 Sunday is not voluntary. Sunday shall be part of the regular work week and shall be paid at regular time for any employee hired after April 3, 2007 or promoted to full-time after April 3,

29 ARTICLE 4- STATUTORY HOLIDAYS 4.01 There are nine (9) paid holidays as follows: - New Year's Day -Labour Day -Family Day - Thanksgiving Day - Good Friday -Christmas Day - Victoria Day -Boxing Day -Canada Day Statutory holidays shall be provided for as per the Employment Standards Act of Ontario. ARTICLE 5 - VACATIONS 5.01 Part-time employees are eligible for vacation pay allowance as follows: Vacation pay allowance shall be paid out on May 30th and November 30th of every year Part-time employees with less than five years (5} seniority shall receive vacation pay based on four percent (4%) of their earnings for the previous six months. Part time employees with five years service or more shall receive vacation pay based on six (6) percent of their earnings for the previous six months 5.03 The Employer shall grant a leave of absence without pay for vacation purposes. Such request and permission shall be in writing. Part-time employees will be required to submit their vacation intentions by March 31st of each year. Parttime employees will be granted vacation leave by seniority after the regular employees. ARTICLE 6- WAGES 6.01 Wage rates and classifications are contained in Appendix "C" and form part of this Agreement Any new employee who starts at a higher rate than that shown shall progress to the next rate in the time interval shown. (For example, an employee starting at the 1301 hours rate shall progress to the 1951 hours rate, after having completed 650 hours of work of employment and so on.) 26