Appendix C

Contract Negotiation Simulation

Clean Right Partners Inc

You will be provided with further information and instructions regarding the analysis and a possible renewal of the collective agreement provided below between Clean Right Partners Incorporated and the Allied Service Union Canada. The outlined collective agreement has an expiry date listed in this simulation which may be altered by your instructor.

Background

Clean Right Partners is an independent, private-sector operation located in a major urban centre in your province. The company was established in 1997 by brothers Michael and Zack Cummings. The brothers had previously owned a chain of dry cleaning stores which they sold to open Clean Right Partners. Their initial clients were two area hospitals and one nursing home. Due to the entrepreneurial spirit of the two brothers, the business grew quickly and over the next two decades has become a major player in health care, industrial uniform and linen cleaning services in the region. Clean Right Partners was unionized on two occasions: first, in 2007, for production and maintenance personnel (a total of 110 full-time and part-time staff represented by SEIU); then in 2010, by Allied Services Union Canada (ASU) for drivers and loading dock employees(a total of 19 full-time and part-time).The company has a small human resources department with a director, health and safety coordinator, benefits coordinator, HR assistant and HR clerk-receptionist. The HR director handles all union-related matters with the support from time-to-time of outside legal counsel. There have been two prior collective agreements between ASU and the company. While the first collective agreement was achieved with the help of mediation after a rather acrimonious start, the second round of bargaining proceeded to a successful conclusion without the threats of either a strike or a lockout.

While Clean Right Partners is a major player in the health care and industrial uniform and linen markets in their region, there has been a strong rumour over the last six months of a possible corporate acquisition by a renowned provincial cleaning and linen service company. The Cummings brothers are approaching retirement age yet maintain they are not entertaining any overtures from this or any other potential buyer. Needless to say, union members throughout the company are somewhat anxious with this situation. The current collective agreement between the company and ASU does not contain any language regarding contracting out or mergers and acquisition scenarios that may affect bargaining unit members.

Issues arising Under the Collective Agreement

The unions business agent, union local president and bargaining committee began a concerted intra-organizational bargaining process with their parent unions business agent and legal counsel, union local leaders and the general membership once notice to bargain had been served on the company. The following priorities for the

for the upcoming round of bargaining included:

For the Union

Union securitydelete Article 1.02 (e) and demand hiring more part-time employees to cover vacation leaves.

Vacation entitlementincrease entitlementsTwo weeks (4%) after one year but less than three (3) years; three weeks (6%) after three (3) years service but less than seven (7) years; Four-weeks (8%) after seven (7) years but less than eleven (11 years); and five (5) weeks (10%) after eleven (11) years (Article 11).

Management rightseliminate language who has acquired seniority from current Article 3.01.

Compensationincrease annual shoe allowance to $175 per year (Article 11.03).

Compensationcost-of-living adjustment to be negotiated in new contract (New).

Hours of worklanguage guaranteeing minimum # of hours reporting pay if shift is cancelled. (New).

Seniorityreduce probationary period (after which seniority is accumulated) from one hundred and eighty (180) calendar days to sixty (60) calendar days; and will have no seniority rights during that period (Article 14.02).

Leaves of absenceadd any leave of absence language into the agreement in keeping with any LOA introduced by government through employment standards or other legislation during the term of the expired agreement. Negotiate up to ten paid days for any approved LOA now not paid by employer (New).

Job postingeliminate second paragraph of Article 17.01.

Employee benefitsno action taken on promised employer commitment on long-term

disability protect see last sentence in Article 19.01.

Sick leaveincrease monthly sick leave credit accumulation to two days (16 hours) per month and make adjustments based on this change to Article 20.01 and 20.02.

For the company

Grievance procedureintroduce language before the reference to Step 1 that articulates the necessity of first having a complaint stage to allow the affected employee(s) to discuss the issue with the supervisor in an attempt to resolve the matter. Also suggest time limits associated with this process (Article 4New).

Discipline and dischargestrike out verbal from first line in Article 5.02.

Employee recordreplace time limit for clearing record from 10 months to 24 months (Article 6.01).

Compensationchange will to may in Article 11.02 regarding company payment of parking tickets.

Compensationchange safety shoe allowance period from 12 to 18 months (Article 11.03).

Sick leavecurrent accumulation formula but stop any carry-over or pay-out of unused credits from one year to the next (Article 20).

Another Important Matter

While Clean Right Partners is a major player in the health care and industrial uniform and linen markets in their region, there has been a strong rumour over the last six months of a possible corporate acquisition by a renowned provincial cleaning and linen service corporation. The Cummings brothers are approaching retirement age yet maintain they are not entertaining any overtures from this or any other potential buyer. Needless to say, union members throughout the company are somewhat anxious with this situation. The current collective agreement between the company and ASU does not contain any language regarding contracting out or mergers and acquisition scenarios that may affect bargaining unit members.

Collective Agreement

between

CLEAN RIGHT PARTNERS INC.

(hereinafter referred to as THE EMPLOYER)

and

ALLIED SERVICE UNION CANADA LOCAL# 254

(hereinafter referred to as THE UNION)

FEBRUARY 1, 2016 JANUARY 31, 2019

Index

Article 1 Union Recognition & Scope

Article 2 Union Security

Article 3 Management Rights

Article 4 Grievance Procedure

Article 5 Discipline And Discharge

Article 6 Employee Record

Article 7 Arbitration

Article 8 Representation

Article 9 No Strikes/No Lockouts

Article 10 Statutory Holidays

Article 11 Compensation

Article 12 Vacations With Pay

Article 13 Use Of Company Vehicle

Article 14 Seniority

Article 15 Hours Of Work And Overtime

Article 16 Leaves Of Absences

Article 17 Job Posting

Article 18 Bulletin Board

Article 19 Employee Benefits

Article 20 Sick Leave

Article 21 No Discrimination

Article 22 Term Of Agreement

Letter of Understanding

Article 1

Union Recognition & Scope

1.01 The Company recognizes the Union as the sole collective bargaining agent for all route persons (route and mat drivers), dock attendants and porters of the Company in Anytown, Province save and except supervisors, persons above the rank of supervisor, clerical and sales staff and persons for whom any trade union held bargaining rights as of February 1, 2016.

1.02 Supervisors, or those above the rank of supervisor, not included in the Bargaining Unit shall not perform work normally assigned to employees in the Bargaining Unit except in the following circumstances:

instruction or training;

evaluation, route assessment or experimentation;

circumstances beyond the Companys control including customers special request;

when Bargaining Unit employees are not readily available; or

replacing Bargaining Unit employee while on vacation

1.03 The Company agrees not to enter into any agreement or contract with its employees, individually or collectively, which in any way conflicts with the terms and conditions of this Agreement.

1.04 The word employee or employees wherever used in the Agreement shall mean respectively an employee or employees in the Bargaining Unit, and wherever the masculine gender is used in this Agreement, it shall include the feminine gender.

Article 2

Union Security

2.01 All employees who are presently employed by the Company must, as a condition of employment become and/or maintain their Union membership in good standing. For the purposes of this Collective Agreement, the sole definition of membership in good standing means that they must pay regular monthly Union dues, and periodic assessments uniformly required of all members in the Bargaining Unit.

2.02 New employees shall make application for Union membership on cards supplied by the Union prior to the completion of their probationary period and the Company will forward their Membership Application cards to Secretary-Treasurer of the Union following their probationary period.

2.03 The Company agrees to deduct monthly union dues from an eligible employee, from the first pay of each month and to remit the monies so deducted together with a list showing from whom and in what amount deductions were made, to the Secretary-Treasurer of the Union on or before the 15th day of the following month. The Secretary-Treasurer of the Union shall notify the Company by letter of any change in the amount of Union dues, and such notification shall be the Companys authority to make the specified deductions.

2.04 The Company will, at the time of making each remittance hereunder to the Secretary-Treasurer of the Union, update the Unions pre-billing statement showing the following information from whose pay deductions have been made:

all monthly dues for members to be submitted with current address, postal code and Social Insurance Number;

on a monthly basis;

new members to be listed in alphabetical order with current address, postal code, Social Insurance number and date of hire.

all terminations or resignations to be clearly identified with current address, postal code, Social Insurance Number and date of termination or resignation.

addresses to be updated as well as name changes (i.e., marriage).

2.05 The Company will list the annual regular union dues paid by each employee on his income tax T-4 statement.

2.06 The Union agrees to indemnify the Company and save it harmless against any and all claims which may arise in complying with the provisions of Article 2.

Article 3

Management Rights

3.01 The Union acknowledges that it is the right of the Company to hire, promote, demote, transfer, classify and suspend employees, and also the right of the Company to discipline or discharge any employee for cause, provided that a claim by an employee, who has acquired seniority, that he has been discharged or disciplined without reasonable cause shall be the subject of a grievance and dealt with as hereinafter provided.

3.02 The Union further recognizes the right of the Company to operate and manage its business in all respects in accordance with its commitments and responsibilities. The location of the plants, the products to be manufactured or processed, the schedules of production, the methods, processes and means of manufacturing or processing used, the right to decide on the number of employees needed by the Company at any time, the right to use improved methods, machinery and equipment, and jurisdiction over all operations, building, machinery, tools and employees at the Companys plants are solely and exclusively the responsibility of the Company. It is understood and agreed that breach of any of the plant rules or any of the provisions of this Agreement shall be deemed to be sufficient cause for discipline or dismissal of an employee and may be the subject of a grievance.

3.03 The Company agrees that these rights and functions will be exercised in a manner consistent with the provisions of this Collective Agreement.

Article 4

Grievance Procedure

4.01 The Company and the Union agree that it is the purpose of the grievance procedure to amicably and fairly settle any complaints relating to the interpretation, application, administration or alleged violation of this Collective Agreement (hereinafter called a grievance), without, so far as possible, resorting to arbitration.

4.02 Step One

Any grievance of an employee shall first be taken up between such employee(s), the applicable Union Steward and the employees Supervisor, within seven (7) working days of the occurrence. The written decision of the Company shall be returned to the Union within seven (7) working days.

4.03 Step Two

Failing settlement under Step One, the matter will be taken to Step Two. Within 14 calendar days, the Steward who attended to Step 1 and the Chief Steward, together with representatives of management for the functional area, will meet to review the grievance. The grievor may choose to be present at this stage of the procedure. The Human Resources Manager or her designate may also be asked to attend at this stage of the procedure. The written decision of the Company shall be returned to the Union within five (5) working days.

4.04 Step Three

Failing settlement under Step Two, the matter will be taken to Step Three. The Union designates shall be the Business Agent and the Union Local President. The Companys designates shall be senior management representative for the functional area, or his designate, and the Human Resources Manager. The grievance may be resolved by agreement and the decision shall be final and binding. This meeting must be conducted within 30 working days and the grievor and his steward shall be present and will not suffer any loss of wages.

4.05General Provisions

A Union policy grievance or a group grievance which is defined as an alleged violation of this Collective Agreement concerning the Union as such, or all or a substantial number of employees in the Bargaining Unit, in regard to which an individual employee could not grieve may be lodged by an authorized representative of the Union in writing with the Company at Step 3 of the grievance procedure at any time within ten (10) full working days after the circumstances giving rise to such grievance occurred or originated, and if it is not satisfactorily settled it may be processed to arbitration in the same manner and to the same extent as the grievance of an employee.

A company policy grievance may be lodged by the Company with the Union in writing at Step 3 of the grievance procedure and if it is not satisfactorily settled, it may be processed to arbitration in the same manner and to the same extent as the grievance of an employee.

4.06 Extension of Time Limits

Any and all-time limits set forth in Article 4 for the taking of action by either party or by an employee may be extended at any time by mutual agreement of the parties, which shall be confirmed in writing.

Article 5

Discipline And Discharge

5.01 Notification

If the Company suspends or discharges an employee, the Company shall notify both the employee concerned and the Steward in writing, within two (2) working days, giving the reasons for such discharge or suspension.

5.02 Employee Representation

A Steward shall be present at any disciplinary meeting regarding verbal, written warnings, suspensions and discharges or any other meeting called to administer discipline. The Company will only administer discipline at a meeting face-to-face with the employee concerned and a Steward present. In the event that a Steward is not present, the action taken by the Company will be null and void.

If the Company discharges a Union Steward, the Union Steward will be entitled to representation in accordance with this Article with the Union Steward also having the additional right to be represented by the Business Agent at said meeting.

5.03 Discharges and Suspensions

A Bargaining Unit employee who is discharged shall be given the opportunity to request a ten (10) minute interview with a Union Steward before leaving the Companys premises. The Company will advise the employee of this right.

The Company reserves the right to suspend an employee pending an investigation. If an employee who has acquired seniority believes that he has been discharged or suspended without just cause, the grievance shall be presented at Step Three within five (5) working days after notice has been given to the employee and the Steward. If a suspension is grieved, the Company may elect not to put the suspension into effect until the grievance is settled, abandoned, or determined by reference to arbitration.

Article 6

Employee Record

6.01 Notice of disciplinary action, which may have been placed on the personnel file of an employee, shall not be relied upon after ten (10) months have elapsed since the disciplinary action was taken. This clause does not apply to infractions where violence in the workplace has taken place.

6.02 An employee, with twenty-four (24) hours notice and on his/her own time, shall be allowed to inspect his/her own personnel file at a time convenient to the employee and Human Resources Manager or her designate.

Article 7

Arbitration

7.01 Failing settlement under Step 3 of any grievance between the parties arising from the interpretation, administration, or alleged violation of this Collective Agreement, including any question as to whether a matter is arbitral, such grievance may be taken to arbitration as hereinafter provided. If no written request for arbitration is received within a thirty (30) day period of time after the decision in Step 3 is given, the grievance shall be deemed to have been abandoned without prejudice.

7.02 The written notice referred to in Article 7.01 shall contain the names of three (3) proposed arbitrators. The recipient of such notice shall agree to one (1) of the above-mentioned arbitrators or propose the names of three (3) different arbitrators in the written reply thereto. If the parties fail to agree upon an arbitrator, the arbitrator shall be appointed by the Minister in accordance with the Labour Relations Act.

7.03 The arbitrator appointed shall hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it.

7.04 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Collective Agreement, nor to alter, modify or amend any part of this Collective Agreement.

7.05 The parties will each pay one-half of the remuneration and expenses of the arbitrator selected by the parties or appointed by the Minister.

7.06 Any and all-time limits fixed by Article 6 for the taking of action by either party may be extended at any time by mutual agreement of the parties, which shall be confirmed in writing.

7.07 The Company and the Union agree that grievances may be selected to be heard in an expedited format by mutual agreement. In the event there is no agreement the grievance will proceed through the normal course of arbitration described above. In the expedited format the parties themselves (managers for the Company and Business Representative for the Union) will present their own cases before the arbitrator. The parties will not be permitted to cite legal cases in argument. Decisions in the expedited process will be final and binding but non-precedent setting.

7.08 Arbitrators must be selected by mutual agreement and must be able to convene a hearing within thirty days of the referral. For expedited cases, arbitrators shall be instructed to render an oral decision on the day of the hearing or a written decision no more than forty-eight hours following the hearing.

Article 8

Representation

8.01 The Unions Business Agent must make arrangements with the General Manager of the Company or his designate to visit the plant of such Company. Such access shall not be unreasonably denied.

8.02 The Union shall have the right to appoint or elect one (1) steward who shall have completed the probationary period.

Union Stewards shall be permitted to take up grievances during working hours without loss of pay. It is understood that Union Stewards will have to do the work assigned to them by the Company, and if it is necessary that they investigate a grievance during working hours, they will not leave their work before obtaining the permission of their immediate Supervisor, with said permission not being unreasonably withheld. When returning to their regular work, they will report themselves to their immediate Supervisor. If these conditions are met, the Company agrees that they will not lose pay in such circumstances.

In any meeting regarding the renewal of this Collective Agreement with the Company, the Union Steward will not suffer loss of wages and will be paid applicable rates per Collective Agreement by the Company. No overtime shall be paid.

8.03 The Company agrees to give a one day leave of absence without loss of regular pay to one steward at each site for a Union training session. The Union agrees to give the Company four (4) weeks notice of the date.

8.04 The Company agrees to recognize one employee, selected by the Union Steward, to act as alternate Steward to assist in the presentation of any proper grievances that may arise, in the event that the Steward is absent from work. The Company will be advised in writing of the name of the Alternate Steward once selected.

Article 9

No Strikes/No Lockouts

9.01 The Union agrees that there shall be no strike and the Company agrees that there shall be no lockout during the term of this Collective Agreement. The words strike and lockout shall be as defined in the Labour Relations Act.

9.02 The Company agrees that drivers will not be required to cross legal picket lines.

9.03 The Union further agrees that it will not involve the Company either directly or indirectly in any dispute, which may arise between any other employer and the employees of such other employer.

Article 10

Statutory Holidays

10.01 Where any of the following statutory holidays:

New Years Day	Family Day
Good Friday	Victoria Day
Canada Day	Civic Holiday
Labour Day	Thanksgiving Day
Christmas Day	Boxing Day

falls on what would otherwise be a working day, all employees shall receive payment at their regular rate of such holidays, subject to the following conditions.

To be eligible for holiday pay, an employee must work the full work day immediately preceding the holiday and the full work day immediately following such holiday unless one of these days was the regularly scheduled day off for the employee or the employee is off work owing to a verified illness;

If an employee works on one of the above named paid statutory holidays, he will receive payment at time and one-half (1) for the hours actually worked by him in addition to receiving his holiday pay;

Where one of the aforementioned statutory holidays falls during an employees approved vacation period or on an employees day off, he shall be allowed an extra days vacation, or pay in lieu upon agreement of the parties. The Companys decision shall be made following a consultation with the employee. Where the holiday falls on a Saturday or Sunday, the employees shall receive a regular days pay for such holiday or a day off in lieu at a mutually convenient time, subject to the conditions outlined herein.

10.02 In the event a Statutory Holiday is proclaimed by either the Federal or Provincial Government, such holiday shall also be observed, if not already listed in the above holidays.

10.03 Regarding employees assigned to a five-day work week or a four-day work week:

Employees assigned the five (5) day work week will be paid eight (8) hours pay at the appropriate hourly rate for the paid holiday which falls on the employees regular work week. If a holiday falls on a five (5) day employees scheduled day off, he shall be paid eight (8) hours pay at his hourly rate for the holiday and his work week shall remain unchanged for such week.

Employees assigned the four (4) day work week will be paid ten (10) hours pay at the appropriate hourly rate for the paid holiday which falls on the employees regular work week. If a holiday falls on a four (4) day employees scheduled day off, he shall be paid ten (10) hours pay at his hourly rate for the holiday and his work week shall remain unchanged for such week.

Article 11

Compensation

11.01 The following hourly rates shall be effective during the term of this Agreement:

Classification

Feb 1 2016

Feb 1 2017

Feb 1 2018

Route Driver

23.82

24.43

25.45

Mat Driver

21.29

21.84

22.75

Dock Attendant

16.11

16,52

17.21

Porter

14.98

15.36

16.00

The Company will pay for parking tickets received by drivers in the course of their duties for unavoidable parking infractions. It is agreed that the Company shall be the judge of whether or not the infraction was unavoidable. In the event the Supervisor declines payment of a parking ticket he will give reasons in writing if requested to do so by the employee.

11.03 Safety Shoes

The Company agrees to contribute the sum of one hundred and thirty-five dollars ($135.00) for one pair of safety shoes per calendar year, upon production of a receipt of purchase, to employees who are required by the Company or by the Companys customer to wear CSA approved safety shoes or boots.

11.04 The Company will endeavour to pay any error in pay resulting in underpayment of one hundred dollars ($100.00) or more within twenty-four (24) hours of determination of the error and any error in pay of less than one hundred dollars ($100.00) on the first paycheque following the determination of the error, if practicable, and, if not, then on the following paycheque.

The Union agrees that any error in pay resulting in overpayment will be deducted from the first paycheque following determination of the error, if practicable, and, if not, then in the following paycheque.

Article 12

Vacations With Pay

12.01 The Company will grant to all employees to whom this article is applicable, a vacation period with pay.

12.02 The basis for payment of vacation pay and length of vacation will be as follows:

Length of Service as of April 1^st

Vacation Entitlement with Pay

Less than one (1) year

One (1) day of vacation with pay for each full calendar month of employment up to a maximum of ten (10) days with vacation pay of four percent

(4%) of earnings during the 12 months immediately preceding the first day of May in that year

One (1) year but less than five (5) years

Two (2) weeks4%

Five (5) years but less than twelve (12) years

Three (3) weeks6%

Twelve (12) years but less than twenty-five (25) years

Four (4) weeks8%

Twenty-five (25) years and greater

Five (5) weeks10%

12.03 Any employee who was prevented from taking his vacation during the vacation period due to illness or accident and who will not return to work by the end of the vacation period shall receive his vacation pay not later than December 30^th, on a separate cheque.

12.04 Vacations must be taken in the vacation period and, based upon their seniority, employees shall have the right to take one (1) week or all weeks of their vacation at one time, within the vacation period except as otherwise provided in this Agreement.

Employees shall not be entitled to take vacation during the Christmas period.

The Company will pay an employee his vacation pay for the period for which the vacation is to be taken on the pay day immediately preceding the employees vacation, provided the employee so requests in writing at least two (2) weeks prior to the said pay day.

12.05 An employee who is discharged, resigns or quits shall receive, with his last pay, vacation pay in accordance with his entitlement, that is, 4%, 6%, 8% or 10%

12.06 The selection of vacation periods by Supervisors will not affect employees in the bargaining unit in their selection of vacation periods. The Company will post available vacation periods by March 1, the employees will indicate their preference by March 30 and the Company will post the vacation schedule by April 15. Employee seniority will determine vacation preference. Two employees may take vacation in the same week provided they have different supervisors. Two drivers can take holiday in the same week as long as they have different supervisors, however, no employee shall take vacation during the Christmas period.

12.07 It is the Companys responsibility, whenever possible, to have trained personnel of the rank of Supervisor or higher to perform the work normally performed by a Route Person during his/her absence due to vacation or illness.

Article 13

Use Of Company Vehicles

13.01 Drivers shall not be obligated to drive vehicles to and from servicing garages on their own time but may agree to do so. Drivers should not use their own vehicle for Company business. No drivers will be expected to do special deliveries after the completion of their route. Any and/or all deliveries after the completion of their route that day will be made by a Supervisor or other Management personnel so designated by the Company.

Article 14

Seniority

14.01 Seniority as referred to in this Agreement shall mean length of continuous employment in the Bargaining Unit, dating from the date the employee was last hired as a member of the Bargaining Unit.

14.02 An employee will be considered temporary for the first one hundred and eighty (180) calendar days and will have no seniority rights during that period. After one hundred and eighty (180) calendar days, his seniority shall date back to the day on which his employment began.

14.03 The last employee hired shall, in the case of layoff, be the first laid off and the last laid off shall be the first rehired provided the senior employee is qualified and capable of performing the work.

14.04 Employees who have been laid off due to lack of work and subsequently re-employed will have their length of service determined by the actual time they have been on the Companys payroll, provided such employees return to work when notified, and subject to the conditions of Section 14.06.

14.05 Any employee who has been laid off for a continuous period of twelve (12) months or more will lose any previously acquired seniority and will be rehired only as a new employee.

14.06 Any employee who has been laid off, but who still retains his seniority, and who is notified to return to work, will lose his seniority unless he notifies the Company within five (5) days that he is intending to return to work and unless he returns to work as soon as possible after receiving notification, and in any event, within seven (7) days after the mailing or other communication of such notice. Such notification shall be by telephone, confirmed by a letter, sent by a Courier Service.

14.07 An employee shall lose his seniority and employment will be terminated if he:

voluntarily quits;

is discharged and not reinstated through the Grievance and Arbitration Procedures;

is absent from work for three (3) consecutive days without a valid reason;

overstays an authorized leave of absence without valid reason;

fails to report for work within seven (7) calendar days after the date when a notice of recall to full-time work has been sent by the Company by courier to his last address on file.

14.08 Seniority lists will be revised each six (6) months; a copy of the lists will be posted in the plant and a copy given to the Union and unless objected to within seven (7) days, shall be deemed to be conclusive.

14.09 In the event that any employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of this Agreement, he shall retain the seniority previously acquired and shall have added thereto the seniority accumulated during the first three (3) months while serving in such supervisory or confidential capacity.

Such an employee shall be permitted to return to the Bargaining Unit to the route he held at the time of promotion:

if the route he held at the time of promotion is held by an employee with less seniority; and

the route he held at the time of promotion is largely intact; and

the return is within three (3) months from the date of his promotion.

14.10 It shall be the duty of the employee to notify the Company and the Union promptly of any change of address and telephone number. If the employee fails to do so, the Company and the Union shall not be held responsible for failure to reach such employee.

Article 15

Hours Of Work And Overtime

15.01

Except as is otherwise specifically provided in Sub-Clause 15.01 (b) hereof, an employee who is required to report for work during his regular work week shall receive for the regular work week, at least forty (40) hours pay at his gross rate, provided that he is available to perform forty (40) hours of work in such week;

an employee shall not be entitled to the guarantee above, where he is displaced upon the return to work of another employee whom he was replacing.

Such guarantee shall be reduced by any or all of the following:

for all time lost by the employee due to lateness or absence from work;

for refusing to perform the work assigned, in accordance with the paragraph below;

for voluntarily leaving prior to the end of a shift.

The weekly pay guarantee does not operate where an employee has been laid off.

15.02 A normal work week shall consist of forty (40) scheduled hours in five (5) or less consecutive days, with two (2) consecutive days off. Overtime at the rate of time and one-half (1) the employees basic hourly rate shall be paid for all work performed in excess of forty (40) hours in a week.

15.03 Employees working a four (4) day work week consisting of four (4) ten (10) hour days between Monday and Friday inclusive must have Saturday and Sunday as their regular days off and a third day off as designated by the Company. Overtime at the rate of time and one-half (1) the employees basic hourly rate shall be paid for all

work performed on such employees seventh consecutive day of work. The parties agree that grievances concerning overtime payment shall be expedited.

15.04 To qualify for overtime pay the employees must contact management explaining the reasons that potentially will put them into an overtime situation and await further instruction. If instructed to perform the work, the employee shall be paid at the overtime rate pursuant to Clause 15.02.

An employee shall not be threatened with nor disciplined for claiming overtime pay. If there is consistently a failure in completing the route within the normal hours of work management will review the employees performance and study of the route.

15.05 If an employee is injured after he or she has commenced work and is thereby incapacitated from carrying out his or her duties and requires transportation, management shall arrange and pay for the cost of transporting the employee to and from the hospital, if any.

The Company will pay the employee for any hours he or she missed from the duration of his or her regularly scheduled shift because of the injury if the employee is unable to complete his or her regular shift.

15.06 Vehicles shall be kept in a safe operating condition and it is the employees responsibility to report to management any unsafe condition of his vehicle. An employee who has reported an unsafe condition and who believes it has not been corrected may file a grievance at Step 2 of the grievance procedure. No driver shall be required to take out a truck which has been declared unsafe by the Ministry of Transportation or a Police Department.

15.07 Where an employee challenges the Companys assessment of workload on a route, a reassessment shall be done by the Company with the driver involved performing the route on the same day in another week.

15.08 A daily time record shall be maintained by the Company at its place of business. A time keeping device shall remain in operation during the term of this Agreement.

Article 16

Leaves Of Absences

16.01 The Company may grant leave of absence without pay if an employee requests it in writing from the management.

16.02 The Company will grant pregnancy leave and/or parental leave, without pay, and without loss of seniority and benefits, in accordance with the provisions of the Employment Standards Act of to those employees who make application on forms supplied by the Company.

16.03 The Company shall grant leave of absence without loss of seniority to an employee with seniority, who is called to, and serves as a juror in any court. The Company shall pay such employee the difference between his normal earnings and the payment received for jury service. The employee will present proof of service and attendance and the amount of pay received. Payment will be made for twenty-five (25) working days maximum. The days eligible for such payments shall be scheduled working days, which the employee would otherwise have worked. To be eligible for such pay, the employee must report for work immediately upon being released from such duty if such release occurred eight (8) hours prior to the start of his next scheduled shift.

16.04 In the event of the death of a member of an employees immediate family, the employee will be granted a leave of absence and will be reimbursed for time necessarily lost from work up to a maximum of three (3) days for the purpose of arranging and attending the funeral of the deceased.

The term a member of the employees immediate family means spouse, common law spouse, child or parent of the employee.

In the event of the death of a brother or sister of an employee, the employee will be granted a leave of absence with pay up to a maximum of two (2) days subject to the same conditions as above.

In the event of the death of a mother-in-law, father-in-law or grandparent of an employee the employee will be granted a leave of absence with pay up to a maximum of one day subject to the same conditions as above.

16.05 On request the Company will grant a leave of absence without pay of up to fourteen (14) days in the event of the death of an employees spouse or child.

16.06 An employee who is off work by reason of leave of absence granted by his Company or by reason of leave for sickness or accident up to two (2) calendar months will be returned to the route he was on at the time of going on leave provided the route is still substantially intact on his return.

Article 17

Job Posting

17.01 The Company will provide a notice of a permanent route opening which it intends to fill. The notice shall be posted by the Company on the bulletin board. An interested employee shall request in writing to the human resources department by the stated deadline to fill the posted vacancy. In the event an employees request is not granted, the human resources manager, at the employees request, will meet with the employee to explain the reason(s) for the decision.

The Company is not required to provide notice of subsequent openings which occur as the result of the above procedure. An employee who has not been on one route for at least two (2) years will not be entitled to apply for a position according to this procedure, and an employee who filled a position as a result of this procedure will not be entitled to apply for a subsequent position within two (2) years of filling the position.

Article 18

Bulletin Board

18.01 The Company agrees to provide a bulletin board in an area accessible to members of the bargaining unit for the purpose of posting notices of Union meetings and official Union business. Notices will be signed and posted only by officers of the Union. Notices will not be posted without prior management approval which will not be unreasonably withheld.

Article 19

Employee Benefits

19.01 The Company will continue to pay for the cost of benefits as described below. The Company agrees to maintain, for the life of the agreement, the benefits outlined below, it being understood that the administration and application of such benefits are within the sole responsibility of the benefit providers.

Benefits

Payee

New Hires

Life Insurance

Company 100%

Company 50% / Employee 50%

AD&D

Company 100%

Company 50% / Employee 50%

Dependent Life

Company 100%

Company 50% / Employee 50%

Health

Company 100%

Company 50% / Employee 50%

Dental

Company 50% / Employee 50%

Not Applicable

A benefit plan summary (booklet) will be provided by the insurance carrier.

Furthermore, the Company agrees to source and implement an employee paid Long Term Disability Plan.

Article 20

Sick Leave

20.01 Seniority employees will accumulate a half-day per month to a maximum of six (6) days (forty-eight (48) hours) in a full calendar year. Any unused days will be paid out annually.

20.02 An employee who has not accumulated six (6) full days in his sick leave bank at the time of absence due to sickness will nevertheless receive paid sick leave to a maximum of six (6) days in the calendar year, provided:

that further sick days which are credited to his bank during the calendar year are used to reduce any outstanding balance of sick days; and

that in the event the employee ceases employment any outstanding balance will be used to reduce any other payments which may be owing by the Company.

The Company has the right to require and will pay for the cost of the medical certification for the purpose of verifying absence due to illness for an employee who is absent three (3) consecutive days or more unless there is a pattern of abuse in which case the Company may immediately request the said certification.

Article 21

No Discrimination

21.01 The parties agree to comply with the applicable provincial Human Rights Code. The Company, the Union and the Employees agree that they will at all times operate within the spirit of mutual respect for each other as parties and as individuals. They further agree to abide by Company policies and rules regarding intoxication, substance abuse and a harassment and violence free workplace.

The Company, the Employees and the Union shall not discriminate against employees with respect to terms and conditions of employment on the grounds of race, creed, colour, age, sex, marital or parental status, religion, nationality, ancestry, place of origin, family relationship, place of residence or sexual orientation, in accordance with the provisions of the Human Rights Code. Disputes under the Human Rights Code will be processed through the grievance procedure under this Agreement.

Article 22

Term Of Agreement

22.01 This Collective Agreement shall, unless changed by mutual consent, continue in full force and effect until January 31, 2019. Either party may notify the other in writing within ninety (90) days immediately prior to the expiration date that it desires to amend this Collective Agreement.

22.02 Negotiations shall begin as soon as possible following notification for amendment as provided in the preceding paragraph.

22.03 If, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this Collective Agreement prior to the current expiry date, this Collective Agreement shall continue in full force and effect until a new Collective Agreement is signed between the parties, or until conciliation proceedings prescribed under the provincial Labour Relations Act have been completed, whichever date should first occur.

Dated at Anywhere this day of 22nd January, 2016
FOR: Clean Right Services Inc. R K Sonnenberg	FOR ASU Canada. Local #254 Timothy Weatherbee
Ray Sonnenberg, General Manager	Tim Weatherbee, Business Agent
L. Enright-Lowen	Cliff Allanson
Lucy Enright-Lowen, Human Resources Manager	Cliff Allanson President, Union Local #254

Letter of Understanding

BETWEEN:

CLEAN RIGHT PARTNERS INC.

and

ALLIED SERVICE UNION CANADA, LOCAL# 254

Notwithstanding article 5.12, where exceptional circumstances exist and the Company cannot have a face-to-face meeting with the employee, the Company shall contact the Unions Business Agent. The Company and the Business Agent shall address the matter without the need for a face-to-face meeting with the employee.

Signed at Anytown this 7th day of September , 2016.

Collective Agreement Analysis Appendix C 12-14 pages

Part 1 Changes to current contract

Review the collective agreement and the background information provided in the text. Assume that you are preparing to negotiate a renewal of the agreement.

Identify 10 articles that you think that the union would like to have changed and 4 articles that management would like to have changed. Do not refer to compensation.

Identify the existing provision,

Explain why the party would like the changes - use course material to support your answer

Discuss in order they occur in the Collective Agreement.

Part 2 - New Contract Terms

1. Identify one new provision that the union would like to see added to the contract. This refers to an issue or item that the current contract does not refer to. Explain what the union would want added to the agreement.

2. Identify one new provision that management would like to see added to the contract. This refers to an issue or item that the current contract does not refer to. Explain what management would want added to the agreement.