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 union’s business agent, union local president and bargaining committee began a
concerted intra-organizational bargaining process with their parent union’s 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 upcoming round of bargaining
included:

For the Union

 Union security—delete Article 1.02 (e) and demand hiring more part-time employees to
cover vacation leaves.
 Vacation entitlement—increase entitlements—Two 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 rights—eliminate language “who has acquired seniority” from current
Article 3.01.
 Compensation—increase annual shoe allowance to $175 per year (Article 11.03).
 Compensation—cost-of-living adjustment to be negotiated in new contract (New).
 Hours of work—language guaranteeing minimum # of hours reporting pay if shift is
cancelled. (New).
 Seniority—reduce 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 absence—add 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 posting—eliminate second paragraph of Article 17.01.
 Employee benefits—no action taken on promised employer commitment on long-term
disability protect – see last sentence in Article 19.01.
 Sick leave—increase 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 procedure—introduce 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 4—New).
 Discipline and discharge—strike out “verbal” from first line in Article 5.02.
 Employee record—replace time limit for clearing record from 10 months to 24 months
(Article 6.01).
  Compensation—change “will” to “may” in Article 11.02 regarding company payment of
parking tickets.
 Compensation—change safety shoe allowance period from 12 to 18 months (Article
11.03).
 Sick leave—current 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
 1.01The 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.
 1.02Supervisors, 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:
a. instruction or training;
b. evaluation, route assessment or experimentation;
c. circumstances beyond the Company’s control including customer’s special
request;
d. when Bargaining Unit employees are not readily available; or
e. replacing Bargaining Unit employee while on vacation
 1.03The 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.
 1.04The 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
 2.01All 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.
 2.02New 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.
 2.03The 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 Company’s authority to make the
specified deductions.
 2.04The Company will, at the time of making each remittance hereunder to the
Secretary-Treasurer of the Union, update the Union’s pre-billing statement showing the
following information from whose pay deductions have been made:
f. all monthly dues for members to be submitted with current address, postal code
and Social Insurance Number;
g. on a monthly basis;
i. new members to be listed in alphabetical order with current address, postal code,
Social Insurance number and date of hire.
ii. all terminations or resignations to be clearly identified with current address,
postal code, Social Insurance Number and date of termination or resignation.
iii. addresses to be updated as well as name changes (i.e., marriage).
 2.05The Company will list the annual regular union dues paid by each employee on his
income tax T-4 statement.
 2.06The 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
 3.01The 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.
 3.02The 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 Company’s 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.
 3.03The 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
 4.01The 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.
 4.02Step One
 Any grievance of an employee shall first be taken up between such employee(s), the
applicable Union Steward and the employee’s 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.
 4.03Step 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.
  4.04Step 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 Company’s
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.
 4.06Extension 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
 5.01Notification
 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.
 5.02Employee 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.
 5.03Discharges 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 Company’s
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
 6.01Notice 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.
 6.02An 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
 7.01Failing 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.
 7.02The 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.
 7.03The 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.
 7.04The 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.
 7.05The parties will each pay one-half of the remuneration and expenses of the
arbitrator selected by the parties or appointed by the Minister.
 7.06Any 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.
 7.07The 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.
 7.08Arbitrators 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
 8.01The Union’s 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.
 8.02The 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.
 8.03The 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.
 8.04The 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
 9.01The 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.
 9.02The Company agrees that drivers will not be required to cross legal picket lines.
 9.03The 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
 10.01Where any of the following statutory holidays:
New Year’s 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.
h. 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;
i. If an employee works on one of the above named paid statutory holidays, he will
receive payment at time and one-half (1½) for the hours actually worked by him
in addition to receiving his holiday pay;
j. Where one of the aforementioned statutory holidays falls during an employee’s
approved vacation period or on an employee’s day off, he shall be allowed an
extra day’s vacation, or pay in lieu upon agreement of the parties. The Company’s
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 day’s
pay for such holiday or a day off in lieu at a mutually convenient time, subject to
the conditions outlined herein.
 10.02In 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.
 10.03Regarding employees assigned to a five-day work week or a four-day work week:
k. 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 employee’s
regular work week. If a holiday falls on a five (5) day employee’s 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.
l. 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 employee’s
regular work week. If a holiday falls on a four (4) day employee’s 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
 11.01The 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
  11.02The 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.
 11.03Safety 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 Company’s
customer to wear CSA approved safety shoes or boots.
 11.04The 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
 12.01The Company will grant to all employees to whom this article is applicable, a
vacation period with pay.
 12.02The basis for payment of vacation pay and length of vacation will be as follows:
Length of Service as of April 1st 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) weeks–4%
Five (5) years but less than twelve (12) years Three (3) weeks–6%
Twelve (12) years but less than twenty-five (25) years Four (4) weeks–8%
Twenty-five (25) years and greater Five (5) weeks–10%
 12.03Any 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 30th, on a
separate cheque.
  12.04Vacations 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 employee’s vacation,
provided the employee so requests in writing at least two (2) weeks prior to the said pay
day.
 12.05An 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%
 12.06The 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.
 12.07It is the Company’s 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
 13.01Drivers 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
 14.01Seniority 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.
 14.02An 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.
 14.03The 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.
 14.04Employees 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 Company’s payroll, provided such employees return to work when notified,
and subject to the conditions of Section 14.06.
 14.05Any 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.
 14.06Any 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.
 14.07An employee shall lose his seniority and employment will be terminated if he:
m. voluntarily quits;
n. is discharged and not reinstated through the Grievance and Arbitration
Procedures;
o. is absent from work for three (3) consecutive days without a valid reason;
p. overstays an authorized leave of absence without valid reason;
q. 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.
 14.08Seniority 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.
 14.09In 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:
r. if the route he held at the time of promotion is held by an employee with less
seniority; and
s. the route he held at the time of promotion is largely intact; and
t. the return is within three (3) months from the date of his promotion.
 14.10It 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
u. 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;
v. 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.
w. Such guarantee shall be reduced by any or all of the following:
i. for all time lost by the employee due to lateness or absence from work;
ii. for refusing to perform the work assigned, in accordance with the
paragraph below;
iii. for voluntarily leaving prior to the end of a shift.
iv. The weekly pay guarantee does not operate where an employee has been laid off.
 15.02A 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 (1½) the employee’s basic hourly rate shall be paid for all work performed in
excess of forty (40) hours in a week.
 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 (1½) the employee’s basic hourly rate shall be paid for all work performed
in excess of forty (40)hours in a week.
  15.03Overtime at the rate of time and one-half (1½) an employee’s basic hourly rate
shall be paid for all work performed on Saturday and overtime at double the employee’s
basic hourly rate shall be paid for all work performed on Sunday, save and except where
Saturday and/or Sunday are worked as part of an employee’s regularly scheduled work
week in which case overtime at the rate of time and one-half (1½) the employee’s basic
hourly rate shall be paid for all work performed on such employee’s sixth consecutive
day of work and double the employee’s basic hourly rate shall be paid for all work
performed on such employee’s seventh consecutive day of work. The parties agree that
grievances concerning overtime payment shall be expedited.
 15.04To 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 employee’s performance and study of the route.
 15.05If 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.
 15.06Vehicles 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.
 15.07Where an employee challenges the Company’s 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.
 15.08A 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
  16.01The Company may grant leave of absence without pay if an employee requests it
in writing from the management.
 16.02The 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.
 16.03The 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.
 16.04In the event of the death of a member of an employee’s 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 employee’s 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.
 16.05On 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 employee’s spouse or child.
 16.06An 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
  17.01The 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 employee’s request is not granted,
the human resources manager, at the employee’s 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
 18.01The 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
 19.01The 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
  20.01Seniority 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.
 20.02An 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.
 20.03The 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
 21.01The 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.
 21.02The 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
 22.01This 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.
 22.02Negotiations shall begin as soon as possible following notification for amendment
as provided in the preceding paragraph.
  22.03If, 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: FOR
Clean Right Services Inc. ASU Canada. Local #254
R K Sonnenberg 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 Union’s
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.
For the Company For the Union
L. Enright-Lowen Cliff Allanson
Lucy Enright-Lowen, Cliff Allanson
Human Resources Manager President, Union Local #254