COLLECTIVE AGREEMENT

(1)

COLLECTIVE AGREEMENT

BETWEEN

2004384 Alberta Ltd., operating as Wendy's Restaurant,

950 Memorial1

Avenue, Thunder

Bay,

Ontario

AND

UNITED FOOD

&

COMMERCIAL WORKERS CANADA, LOCAL 175

TERM

(2)

(3)

Conte

nts

ARTICLE 1 - PURPOSE OF AGREEMENT ... 1

ARTICLE 2 - UNION SECURITY ... 1

ARTICLE 3 - DEFINITIONS ... 2

ARTICLE 4 • HEAL TH ANO SAFETY ... 3

ARTICLE 5 - NO DISCRIMINATION ... 4

ARTICLE 6- MANAGEMENT RIGHTS ...... 4

ARTICLE 8 • UNION STEWARDS AND ACTIVITIES ...

s

ARTICLE 9 - GRIEVANCE PROCEDURE ... 6

ARTICLE 10-ARBITRATION ... 7

ARTICLE 11 - DISCHARGE GRIEVANCES ... 8

ARTICLE 12- PROBATIONARY PERIOD ANO SENIORITY ... 9

ARTICLE 13 - LE.AVE OF ABSENCE ... 10

ARTICLE 14 - MISCELLANEOUS ... 11

ARTICLE 15- VACATION ... 11

ARTICLE 16 - PAID HOLIDAYS ... 11

ARTICLE 17 - HOURS OF WORK ... 12

ARTICLE 18- LAYOFF AND RECALL ... 13

ARTICLE 19 - INSURED BENEFITS ... 13

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APPENDIX "A"· WAGES ... 15

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COLLECTIVE AGREEMENT

BETWEEN: 2004384 Alberta Ltd., operating as Wendy's Restaurant (Hereinafter referred to as the "Employer")

AND: UNITED FOOD

&

COMMERCIAL WORKERS CANADA, LOCAL 175

(Hereinafter referred to as the "Union•) Preamble

The purpose of this Agreement is to establish an orderly collective bargaining relationship between the Employer and those Employees represented by the Union and to provide for a prompt and orderly method of settling complaints or grievances between them arising from the application, administration, interpretation or alleged violation of this Agreement. It is recognized that the Employees covered by this Agreement undertake to work together with the Employer towards the common objectives of providing the best possible service to the customers of this Employer.

ARTICLE 1 - PURPOSE OF AGREEMENT 1.01 Union Recognition

The Union shall be the exclusive collective bargaining representative of the employees in the bargaining unit, which consists of all employees of the Employer at the Memorial Avenue Wendy's location in the City of Thunder Bay save and except for the Store Manager and 3 persons assigned to the position as Charge Lead Hands.

ARTICLE 2 - UNION SECURITY

2.01 (a) The parties hereto mutually agree that any employee covered by this agreement may become a member of the union if he/she so wishes or refrain from becoming a member of the Union if he/she so wishes.

(6)

The Employer shall collect membership initiation fees as may be established by the Union and forward such fees to the Union with the regular monthly dues remittance.

(b) The remittance statement shall be documented by location containing a dues and initiation report which shall be provided in the form of email ([email protected]). A hard copy of the statement will also be attached to the remittance cheque. The information provided shall be on a standard spreadsheet 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 Employer.

1) S.I.N.

2) Employee Number (if applicable) 3) Full Name (Last/First/Initials)

4) Full Address, including City and Postal Code 5) Telephone Number, including area code 6) Date of Hire

7) Rate of Pay 8) Classification

9) Full-time or Part-time designation

10) Union Dues deducted (or the reason a deduction was not made). If dues are deducted weekly, report requires five (5) columns for reporting.

11 ) Total Dues Deducted 12) Back Dues Owing 13) Initiation Fees Deducted 14) Total Initiation Fees Deducted

(c) The Employer agrees to record the annual Union Dues for each employee on his T4 form.

2.02 The Union shall provide the Employer with thirty (30) days written notice of any increase or decrease in the amount of dues to be deducted from the bargaining unit employees.

2.03 The Union shall indemnify and save harmless the Employer, its agents and/or employees acting on behalf of the Employer, from any and all claims, demands, actions or causes of action arising out of, or in any way connected with the collection and remittance of such dues.

ARTICLE 3 - DEFINITIONS

3.01 "Employer" shall mean 2004384 Alberta Ltd., operating as Wendy's Restaurant, located at 950 Memorial Avenue, Thunder Bay, Ontario.

(7)

3.03

"Manager'' shall mean the General Manager of Wendy's Restaurant, 950 Memorial Avenue, Thunder Bay, Ontario.

3 .

04

"Union" shall mean United Food and Commercial Workers Canada, Local 175.

3 .

05

"Steward" shall mean an Employee of and elected by the members of the bargaining unit or appointed by the Union, employed at Wendy's Restaurant,

950

Memorial Avenue, Thunder Bay, Ontario.

3.06

"Union Representative" shall mean the Union Representative of the United Food

& Commercial Workers Canada, Local 175.

3.07

"Arbitrator'' shall mean a single Arbitrator selected by the Employer and the Union.

Singular/Masculine/Plural/Feminine

3 .

08

For the purpose of interpretation of this Agreement, wherever the singular or masculine gender is used in this Agreement, it shall be considered as if the plural or feminine has been used where the context of the Agreement so requires.

ARTICLE 4 - HEAL TH AND SAFETY

4.01

The Employer and the Union recognize that effective Health and Safety

procedures are best realized through collective effort and cooperation. Such program will recognize the employees' right to standards of Health and Safety in the workplace.

The Employer shall ensure reasonable sanitary conditions throughout the unit, provide appropriate protective clothing/equipment and/or other safety devices and work with employees to eliminate any condition of employment which is a hazard to the safety or health of the employees.

The Employer, along with a Health and Safety representative elected or appointed by the Union will meet once per month to discuss health and sat ety hazards in the workplace, and try to resolve any problems.

Monthly workplace inspections will be done by the Union committee person and all time will be paid by the Employer.

Minutes of Health and Safety meetings will be posted in the workplace for all workers to see.

(8)

ARTICLE 5 - NO DISCRIMINATION

5.01 The Employer and the Union agree not to discriminate against any employee because of age, race, creed, colour, sex, sexual orientation, ethnic origin, disability, marital status, family status, record of offences, Union membership or non~membership or the exercise of any rights under the Ontario Labour Relations Act.

ARTICLE 6 - MANAGEMENT RIGHTS

6.01 The Union recognizes and acknowledges that the management of the operation and direction of the working forces are fixed exclusively in the Employer and shall remain exclusively with the Employer except as specifically limited by an express provision of this Agreement. Without limiting the foregoing, the Union acknowledges that it is the exclusive function of the Employer, subject to the express provisions of this Agreement, to:

(a) maintain order, discipline and efficiency;

(b) hire, classify, assign, appoint, promote, demote, layoff, recall, suspend and to discipline or discharge any Employee for just cause provided that a claim by an Employee who has completed the probationary period and acquired seniority that he has been discharged or disciplined without just cause may

be

the subject of a grievance and/or arbitration and dealt with as hereinafter provided;

(c) make, enforce and alter from time to time rules and regulations and policies and procedures to be observed by the Employees.

(d) manage the Employer's operation, and without restricting the generality of the foregoing, to determine the nature and any kind of business conducted by the Employer, the kinds and locations of operations, equipment and materials to

be

used; the control of materials and parts, the methods and techniques of work, the content of jobs, the schedules of work, the number of Employees to be employed, the modification, discontinuance or addition of occupational classifications, job procedures, processes or operations and methods of training; the qualifications of an Employee to perform any particular job; the extension, limitations, curtailment or cessation of operations or any part thereof; and to determine and exercise all other functions and prerogatives which shall remain solely with the Employer except as specifically limited by the express provisions of this Agreement. 6.02 Persons Excluded from the Bargaining Unit

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ARTICLE 7 - STRIKE AND LOCKOUT

7 .01 The Employer will not cause or direct any lockout of its employees, and the Union will not cause or direct any strikes during the term of the Collective Agreement. 7.02 The definition of the terms "strike" and "lockout" as used in Section 7.01 above,

shall be in accordance with the Ontario Labour Relations Act.

ARTICLE 8 - UNION STEWARDS AND ACTIVITIES

8.01 The Employer recognizes not more than three (3) Stewards, at least one of which will be a full-time Employee, be selected or appointed from the bargaining unit at the Employer's premises for the purpose of handling complaints or grievances as provided for under this Agreement. The Stewards must have completed their probationary period at the time of their appointment or selection.

8.02 The Union will inform the Employer in writing of the names of its Stewards from time to time and the Employer will not be required to recognize such Stewards until it has been notified in writing by the Union of the names of Employees appointed or selected.

8.03 The Union acknowledges that Stewards will continue to perform their regular duties on behalf of the Employer and will not leave their regular duties without first obtaining permission from their immediate Supervisor and on resuming regular duties they will report to their respective immediate Supervisors.

8.04 The Employer will make a bulletin board available in an appropriate location at the Employer's premises. The Union may post notices on the bulletin board but any such notices must first be approved in writing by the Employer prior to posting. 8.05 The bargaining unit employees have the right, if requested, to have the assistance

of a Representative of the United Food and Commercial Workers Union Canada, Local 175 or its International affiliates at any meeting with the Employer at which disciplinary action may be imposed. Such Representatives shall have reasonable access to the Employer's premises on reasonable notice to the Employer.

8.06 On commencing employment, the employee's immediate supervisor shall introduce the new employee to the Union Steward who will provide the new employee with a copy of the Collective Agreement. The Union Steward shall be given the necessary time, up to fifteen (15) minutes with pay per employee for Union orientation with the new employee(s).

8.07 Negotiating Committee

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The Employer agrees to pay half the costs of the rooms for bargaining, up to and including conciliation/mediation.

ARTICLE 9 - GRIEVANCE PROCEDURE

9.01 Should any difference arise as to the interpretation, application, administration or alleged violation of this Agreement, it shall be taken up in the following manner: 9.02 Step I

An employee with a complaint shall take the matter up with his Manager within five (5) calendar days from the date of the alleged occurrence, which gave rise to the complaint. He may be accompanied by his Steward if he requests such assistance. Management may also request the presence of the Steward. If such complaint is not resolved to the satisfaction of the employee within five (5) calendar days of presentation to the Manager, then the follow steps of the Grievance Procedure may be invoked in order.

9.03 Step II

The employee shall file a grievance in writing with the Manager within seven (7) calendar days from the time the reply to the complaint was received from the Manager in Step I.

The Steward/Union Representative or Manager may request a meeting, which shall be held within ten (10) calendar days of receipt of the grievance. The Manager shall render his decision in writing no later than seven (7) calendar days following the presentation to him/her of the grievance, or within seven (7) calendar days of the Step II meeting, if one is held.

9.04 The Union or the Manager may present a policy grievance commencing at Step II of the grievance procedure. A policy grievance, however, shall not include any matter upon which an employee is personally entitled to grieve, and the regular grievance procedure shall not be by-passed.

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ARTICLE 10-ARBITRATION

10.01 Should any grievance fail to be satisfactorily settled under the foregoing procedure, the grieving party may, within ten (10) calendar days following receipt of the written answer from the responding party, notify the other party in writing of its desire to submit the difference or allegation to arbitration. If the grievance is not referred to arbitration within the said ten (10) calendar day period, the grievance will be conclusively deemed to have been finally abandoned.

No matter may be submitted to arbitration which has not been carried through all steps of the grievance procedure.

The Union and the Employer shall agree upon a sole Arbitrator to hear the matter and for this purpose will exchange nominations within ten (10) calendar days following notice of its desire to submit the matter to arbitration.

If the parties cannot agree upon a sole Arbitrator within ten (10) calendar days or any agreed extension thereof, either party may apply to the Ministry of Labour for the appointment of a sole Arbitrator.

No person may act as an Arbitrator who is a member of the Union or an Employee or solicitor or agent of either the Union or the Employer or who has been involved in any attempt to settle the grievance.

The Arbitrator shall hear and determine the difference and shall issue a decision and the decision shall be final and binding upon the parties and upon any Employee affected by it.

10.02 Authority of the Arbitration Board

It is understood and agreed that the Arbitrator shall have the authority only to settle disputes under the terms of this Agreement and may only interpret and apply this Agreement to the facts of the particular grievance involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement, including a question as to whether a matter is arbitrable, shall be arbitrable.

The Arbitrator shall have no power to alter, add to, subtract from, modify or amend this Agreement, nor to give any decision inconsistent with it.

10.03 Compensation of Arbitrator

The Employer and the Union shall each be responsible for one-half of the fees and expenses of the Arbitrator.

10.04 Place of Hearing

Arbitrations shall be heard at Thunder Bay, Ontario, or at such other places as may

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10.05 Time Limits

Time limits referred to in Article 9 Grievance Procedure and Article 10 -Arbitration shall mean consecutive calendar days.

Failure of the Employee or the Union to meet the time limits in processing the grievance will cause the grievance to expire and neither it nor the same subject matter shall be further considered or made the subject matter of a further grievance.

Failure of the Employer to meet the time limits shall permit the aggrieved Employee to take the grievance to the next succeeding step, after the expiration of the said time limit. Any agreement as to an extension of time will be valid only if signed by the Manager, or his designate, and the Union.

ARTICLE 11 - DISCHARGE GRIEVANCES

11.01 If an Employee who has completed his probationary period believes he has been discharged without just cause, he may file a Step II written grievance with the Manager within three (3) calendar days after he has been given notice of discharge.

11.02 The following specified causes will be conclusively deemed to be sufficient for the discharge of an Employee and discharge will be deemed to be a specific penalty

within the meaning of Section 48(17) of the Labour Relations Act, 1995, but will

not deprive the Employee of the grievance and arbitration procedures:

(a) theft;

(b) consuming alcohol or illegal drugs, or being under the influence of alcohol

or illegal drugs while on duty;

(c) failing to return to work at the termination of a leave of absence without a

reason acceptable to the Employer; or

(d) being absent from work for three (3) consecutive shifts unless he provides

a reason satisfactory to the Employer for such absence.

11.03 A discharge grievance may be settled by confirming the Employer's action in dismissing the Employee or by reinstating the Employee with full compensation for time lost or by any other arrangement which is just and equitable in the opinion of

the conferring parties.

11.04 If a discharge grievance goes to arbitration, the Arbitrator may:

(a) confirm the dismissal of the Employee; or

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(c) except in a discharge for reasons set out in 11.02, dispose of the grievance on terms which the Sole Arbitrator considers just and equitable.

ARTICLE 12 - PROBATIONARY PERIOD AND SENIORITY

12.01 (a} A newly hired employee shall be on probation for the greater of 290 hours or five months.

During the probationary period, the employee and the union shall be entitled to all rights and benefits under the Collective Agreement, except as otherwise restricted. After completion of the probationary period, seniority shall be effective from the last date of hire.

The parties may agree to an extension of the probationary period in appropriate circumstances if in writing by the Employer, employee and Union.

(b) A probationary employee will have no seniority rights during their probationary period and the discharge, dismissal, termination or lay-off of a probationary employee is within the sole discretion of the Employer and therefore shall not be the subject matter of a grievance and shall not constitute a grievance under the provisions of the Collective Agreement except in the case of violation of the Ontario Human Rights Code.

12.02 Seniority shall be defined as length of continuous employment with the Employer since last date of hire.

12.03 Seniority Factors

The Employer and the Union agree that in cases of promotions (other than promotions to positions outside the bargaining unit} and demotions, the following factors shall be considered:

(a) current skill, ability, experience, knowledge, training, and performance; and, (b) length of continuous service.

However, the Union agrees that the qualifications in factor (a) must govern, and only where such qualifications of the Employees involved are, in the opinion of the Employer, relatively equal will factor (b) govern.

12.04 Termination of Service

Continuity of service shall be considered broken and employment terminated when:

(a) an Employee quits;

(14)

grievance or arbitration procedure;

(c) an Employee fails to report to work at the termination of a leave of absence or within one (1) week after being recalled for work, or utilizes a leave of absence for purposes other than those for which it was granted;

(d) an Employee is absent for more than six (6) months because of lay-off, or eighteen (18) months because of illness; or

(e) An Employee is absent from work for three (3) consecutive shifts without providing a reason satisfactory to the Employer or without the consent of the Employer.

ARTICLE 13 - LEAVE OF ABSENCE

13.01 Education/Union Convention Leave

(a) The Employer shall grant leave of absence without pay for members to attend Union conventions or educational sessions, provided that such absence will not interfere with the efficient operation of the business. Such leaves must be applied for at least two (2) weeks in advance, and all leaves for all bargaining unit employees shall not exceed fourteen (14) working days per year.

(b) An employee elected or appointed to a paid full-time position within the Union shall be granted leave of absence without pay, for the duration of the position.

13.02 Jury Duty/Witness Leave

When an employee is required to serve on a Jury or as a witness in any case directly affecting the Employer, the employee will be rescheduled to make up for any shifts lost. If rescheduling is not possible, such employees will be paid the difference between any attendance or appearance fees received and their regular wages for lost time.

13.03 Pregnancy and Parental Leave

Employees will be entitled to Pregnancy and Parental Leave in accordance with the provisions of the Employment Standards Act, Ontario.

13.04 Bereavement Leave

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The Employer agrees that in the event of the death of a grandparent occurs, the employee will be granted one (1) day off without pay.

The Employer recognizes that if the celebration of life occurs at a later time period, the employee will be allowed to carry one (1) of their remaining (paid or unpaid) bereavement days.

13.05 Leave of Absence

Employees on leave of absence for health-related reasons:

(a) Must provide the Employer with a note from a health practitioner verifying

any such absence of five (5) scheduled days or longer.

(b) Are responsible to keep the Employer informed of their medical status on a

quarterly basis. The Employer may require updates more frequently where reasonably necessary for operational purposes.

ARTICLE 14- MISCELLANEOUS

14.02 Collective Agreement

The Employer and Union desire each Employee to be familiar with the provisions of this Agreement and his rights and obligations under it. For this reason, the parties shall share equally the cost of printing, and distributing sufficient copies of this Agreement to the Employees.

ARTICLE 15-VACATION

15.01 Vacations to be paid according to the Employment Standards Act. Employees with

eight (8) or more years of service will be paid vacation pay at 8%. Vacation pay

for full-time employees shall be paid out when vacation taken. Vacation pay for

part-time employees shall be paid out on April 1st•

ARTICLE 16-PAID HOLIDAYS

16.01 The following days shall be recognized as paid holidays: New Year's Day

Victoria Day Labour Day Christmas Day Family Day Good Friday Canada Day Thanksgiving Day Boxing Day

(16)

16.03 An employee does not qualify for a paid holiday if the employee:

(a) without reasonable cause, does not work his/her scheduled regular day of

work preceding or following the holiday, or;

(b) have agreed to work on a public holiday, does not report for and perform

the work.

16.04 (a) If any of the above mentioned paid holidays occurs during an employee's

vacation period, the employee will receive an additional day off with pay to be added on to the employee's vacation period.

(b) If any of the above mentioned paid holidays occurs during an employee's

regular day off, then the paid holiday will be declared as the employee's first regular shift immediately following the paid holiday.

16.05 Holiday pay is calculated as required by the Employment Standards Act as

amended.

ARTICLE 17 - HOURS OF WORK

17.01 The normal work week for full-time employees shall consist of five (5) days per week and up to forty (40) hours per week; it being understood that nothing herein shall constitute a guarantee of the hours of work per day or per week or of days of work per week.

17.02 The parties acknowledge that full-time employees will normally work thirty-two (32)

or more hours per week, but that weekly hours will vary.

17 .03 Part-time employees will normally work fewer than thirty-two (32) hours per week and will be scheduled according to the Employer's operational needs.

17.04 A work schedule shall be posted in the department on each Friday morning showing the scheduled working hours for each employee covered by the Collective

Agreement, for the succeeding week, commencing Monday.

17 .05 Employees shall arrive prepared to work at the commencement of their shift. 17 .06 The meal period will be one-half hour unpaid. The meal period shall commence

not less than three (3) hours nor more than five (5) hours after the starting time of the shift.

17.07 Full-time employees called in to work on the employee's scheduled day off shall

be paid one and a half (1 ½) times their normal rate of pay for all hours worked.

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17.08 Overtime

Time and one half the employee's regular hourly rate of pay shall be paid for all time worked in excess of eight (8) hours per day or forty (40) hours per week. 17.09 There shall be no duplication of overtime premiums.

17.10 All overtime must be authorized by the manager. Overtime shall not be paid were the hours worked result from employees swopping shifts, or working extra shifts at the request of another employee.

ARTICLE 18 - LAYOFF AND RECALL

18.01 In the event of layoff, the following procedure will be followed:

- Probationary employees will be laid off first, then

- Part-time employees in the reverse order of their seniority, then - Full-time employees in the reverse order of their seniority.

18.02 It is understood that the remaining employees as outlined above must have the current ability to perform the normal requirements of the remaining jobs. Recall shall be in the reverse order of the above layoff procedure.

18.03 In the event of a permanent layoff as defined by the Employment Standards Act (ESA), the termination and severance provisions of the ESA will apply.

18.04 Employees who are laid-off shall be placed on a recall list and shall retain but shall not accrue seniority. Recall rights are maintained for six (6) months from the date of layoff.

ARTICLE 19 - INSURED BENEFITS

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ARTICLE 20 - DURATION

20.01 This Agreement shall be in full force and effect from January

1,

2020 until

December 31, 2022 and shall continue in full force hereafter from year to year, except that either party may give the other party notice of renewal and/or amendment of this Agreement at any time within ninety (90) days prior to the expiry of this Agreement.

IN WITNESS WH~EOF the parties hereto have caused this Agreement to be executed this

_!I_

day of

"

C/

e'f?2bii:,

2020.

FOR THE COMPANY: FOR THE UNION:

\ib-1J5

(19)

APPENDIX "A" - WAGES

Effective January 1, 2020 to December 31, 2022:

Year 1 Effective: January 1, 2020:

Employees who have worked fewer than 1200 hours since Jan. 1, 2017: $14.50 Employees who have worked more than 1200 hours since Jan. 1, 2017: $14.75 Employees who have worked more than 4500 hours since Jan. 1, 2017: $15.05

Employees paid at rates which are in excess of the rates listed above will be red-circled until the applicable Collective Agreement rates of pay catch up to their rates.

In the event the applicable Minimum Wage Rates in Ontario surpass any of the above rates, the Minimum Wage Rate will apply.

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BETWEEN:

AND:

Letter of Understanding - #1 - Meals and Beverages

2004384 Alberta Ltd., operating as Wendy's Restaurant (Hereinafter referred to as the "Employer")

UNITED FOOD

&

(Hereinafter referred to as the 11_Union11

)

Re: Meals and Beverages

The Employer agrees to continue its practice of allowing employees to purchase meals at half the retail cost while on shift, and reasonable personal consumption of soft drinks and coffee without charge while on shift.

IN WITNESS WH~OF the parties hereto have caused this Agreement to be executed

this

_f:_

day of

~

emhr: .

2020.

FOR THE COMPANY: FOR THE UNION:

Harminb~~

Tracy Stubbs

c

<...::::s

H!Aoll~

d ..

17.aliff#

t(

1/4

(21)

BETWEEN:

AND:

Letter of Understanding - #2 - Assistant Manager

2004384 Alberta Ltd., operating as Wendy's Restaurant (Hereinafter referred to as the "Employer")

UNITED FOOD

&

(Hereinafter referred to as the

11

Union

11 )

Re: Assistant Manager

1 . The position of Assistant Manager will be outside of the bargaining unit as long as it is held by Hemanth Anil Kumar.

2. When one of the current three (3) Supervisors vacates their current position, Hemanth Anil Kumar will be placed in the vacant Supervisor position and the position of Assistant Manager will cease to exist.

IN WITNESS WH~OF the parties hereto have caused this Agreement to be executed this

COLLECTIVE AGREEMENT