COLLECTIVE AGREEMENT

(Part-time Agreement)

BETWEEN:

WENTWORTH FRESHCO

(Hereinafter called the "Employer")

-and-

UNITED FOOD AND COMMERCIAL WORKERS CANADA LOCAL 175

(Hereinafter called the "Union")

Term of Agreement:

January 1, 2016 - December 31, 2019 TABLE OF CONTENTS

ARTICLE I-- PURPOSE ...... 3 ARTICLE 2- RECOGNITION ...... 3 ARTICLE 3 - l'v1ANAGEMENT RIGHTS ...... 3 ARTICLE 4- UNION ESTi\BLISHI'vfENT ...... 4 ARTICLE 5- NO STRIKE AND NO LOCKOUT ...... 6 ARTICLE 6- HOURS OF WORK Al'\D SCHEDULING ...... 6 i\RTICLE 7- W.AGES ...... 9 ARTICLE 8- PAID HOLIDAYS ...... 10 ARTICLE 9- VACATIONS ...... 11 ARTICLE 10 - LEAVE OF ABSENCE ...... 12 ARTICLE 11 - SENIORITY ...... 13 ARTICLE 12- NOTICE REQUIRED ON DISMISSAL ...... 14 ARTICLE 13- GRIEVANCE PROCEDURE ...... 14 ARTICLE 14- ARBITRATION ...... 15 ARTlCLE 15- HEALTH AND \VELFARE ...... 16 ARTICLE 16- GENERAL PROVISIONS ...... 18 ARTICLE 17- TERM ...... 19 APPENDIX 'A.' ...... 20 LETTER OF CNDERSTANDING #1 ...... 22 LETTER OF tJNDERSTANDING #2 ...... 23 LETTER OF UNDERSTANDING #3 ...... 24 LETTER OF UNDERSTANDI:-JG #4 ...... 25 ARTICLE I - PURPOSE

1.01 The general purpose of this Agreement is to establish and maintain orderly collective bargaining relations, to establish and maintain conditions which will promote a harmonious relationship between Wentworth Freshco (hereinafter referred to as the Employer) and its employees and in providing methods for the adjustment of disputes which may arise between them, and to promote efficiency and service.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the United Food and Commercial Workers Canada Local 175 (hereinafter referred to as the Union) as the sole and exclusive bargaining agent for the employees at 199 Wentworth Street West, Oshawa, ON L 1J 6P4, who are regularly employed not more than twenty-four (24) hours per week, and students employed during the summer vacations

2.02 In this Agreement the use of masculine terms shall also include the feminine and vice­ versa.

ARTICLE 3 -MANAGEMENT RIGHTS

3.01 The Employer is solely responsible for the business affairs of Wentworth Freshco in accordance with its commitments and responsibilities to its customers, suppliers and employees. 3.02 Except as, and to the extent specifically modified by this Agreement, all rights and prerogatives of management are retained by the Employer and remain exclusively and without limitation within the rights of the Employer and its management and may be exercised by management as it, in its discretion, sees fit.

Without limiting the generality of the foregoing, the Employer's rights shall include: a) to plan, direct and control the operation of the Employer in the best interest of its customers, and shareholders; b) to formulate policies, rules and procedures, to introduce new practices, services and/or products, and/or services to be provided by the employees of the Employer, to expand, reduce, eliminate, change or modify present products/services, and to enter into contracts for buildings, repairs, equipment, vehicles, supplies, materials, and services; c) to determine where, by whom, in what manner, at what time and under what conditions employees in the bargaining unit perform their duties, the Employer shall be the sole judge of ability, competence and qualifications of any employee to perform any and all functions; d) to determine, in the interest of efficient operation and the highest possible standards of service, and product quality, job evaluation and classifications, the hours of work, work assignments and methods of doing work, and the number of personnel required, provided always that notice shall be given to the employee or employees involved in any change;

3 e) to maintain order and discipline. hire, retire, assign, direct, promote, demote, classify, transfer, lay off, recall, and discharge, suspend or otherwise discipline employees provided that a claim of improper suspension, discharge or discipline may be the subject of a grievance and may be dealt with as hereinafter provided; f) to instruct and direct employees in their duties, responsibilities, behaviour towards customers. visitors to the Employer, supervisors, and other employees of the Employer both within and without the bargaining unit.

3.03 The Employer agrees that such rights shall not be exercised in a manner inconsistent with the provisions of this Collective Agreement.

3.04 Failure to exercise any of its management rights at any time shall not be considered to be abandonment of such rights.

ARTICLE 4- UNION ESTABLISHMENT

4.01 MEMBERSHIP a) Employees shall make application for membership in the Union at the time of hiring and the Employer shall forward such applications to the Union.

b) The Employer agrees to retain in its employ, within the Bargaining Unit as outlined in Section 2.01 of this Agreement, only members of the Union in good standing. c) The Employer agrees to list monthly on the dues deduction sheet all employees who have terminated their employment.

d) Employees shall be regarded as on probation for a period of sixty (60) working days, or one hundred-twenty (120) calendar days which ever occurs first. e) An employee may be discharged at the sole discretion of the Employer during their probationary period as set out in 4 01 d) above.

4.02 UNION DUES a) The Employer shall deduct from each employee in the bargaining unit, the amount of Union dues and initiation fees on an installment basis as authorized by the Union in writing. b) The remittance statement shall be documented by location containing a dues and initiation report which will be provided in the form of e-mail ([email protected]) or on a computer diskette as well as a hard copy of the dues report being attached to the remittance cheque. The information provided shall be on a standard spreadsheet in Excel or other software program acceptable and adaptable to the Union. The spreadsheet will be in a format provided by the Union and the Company will provide the following current information:

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. Vacation pay breakdown of dues owing 14. Initiation fees deducted 15. Total initiation fees deducted c) 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, or attempted collection, custody of and/or accounting of such dues. d) Union dues deductions, deducted from the Employer payroll during the calendar year, shall be included on the T-4 income tax forms that are provided by the Employer.

4.03 EMPLOYEE AND UNION CO-OPERATION a) The employees agree to uphold the rules and regulations of the Employer in regard to punctual and steady attendance, proper notification in case of necessary absence, conduct on the job, and all other reasonable rules and regulations established by the Employer. b) The employees agree to co-operate with the Employer in maintaining and improving safe working conditions and good housekeeping of the stores and caring for equipment and machinery through a Joint Health and Safety Committee. The Health and Safety Committee shall meet every two (2) months and meeting minutes shall be posted on the Bulletin Board. c) The Union agrees to co-operate when requested by the Employer in correcting inefficiencies of the members which might necessitate discharge. d) The Employer agrees that it will not discriminate against any employee for reporting to the Union the violation of any provisions of the Agreement or for performing services on a Union Committee outside working hours. e) The Employer agrees to recognize one appointed or elected Union Steward, and one (1) appointed or elected Alternate Union Steward. The Employer will afford any employee the opportunity of having the Union Steward, or, in the absence of the Union Steward, any other bargaining unit member of the employee's choice in the store present when such employee is to receive an official warning which may lead to dismissal. f) An employee on the negotiating committee shall be paid at his regular base hourly rate, for eight (8) hours per day to a maximum of forty (40) hours per week for days spent in negotiations with the Employer. The Union Negotiating Committee will be comprised of two (2) employees; one (1) full time and one (1) part time. g) Every employee has a right to equal treatment in all matters related to their employment in accordance with the Human Rights Code.

5 4.04 STAFF REPRESENTATIVE'S VISITS

The authorized Staff Representative of the Union shall be permitted, after receiving permission from the Store Manager, (permission will not be unreasonably withheld) to talk with any employee regarding Union matters, during regular working hours. All conversations in excess of five (5) minutes shall not be on the Employer's time

4.05 UNION DECAL

The Employer agrees to display the official Union decal of the United Food and Commercial Workers International Union in a location where it can be seen by customers.

4.06 BULLETIN BOARD

The Employer agrees that during the term of this Agreement it will maintain its present policy to make space available to the Union on the existing Bulletin Board for the purpose of posting notices directly relating to the employees of the store provided such notice firstly receives the approval of management. ARTICLE 5- NO STRIKE AND NO LOCKOUT

5.01 It is mutually agreed that there will be no strikes. lock-outs, stoppages of work or slowdowns, during the life of this Agreement.

ARTICLE 6 - HOURS OF WORK AND SCHEDULING

6.01 (a) In scheduling employees to work in their respective department, seniority shall apply in accordance with the employee's length of continuous part-time employment in the store.

(b) When a part-time vacancy occurs or additional part-time employees are required in a department, the Employer shall fill such vacancies with the senior part-time employee who has indicated in writing to the Store Owner within the past twelve (12) months the desire to transfer to such department, for which they have the skill and ability to perform all functions of the position in a manner satisfactory to management subject to two (2) week training period, prior to hiring any new employee(s). An employee may only exercise this option once per twelve (12) month period. This clause does not apply to any vacancy resulting from the original transfer, or as a result of a vacancy due to a termination during a probationary period.

(c) Employees hired after March 28, 2010, will be required to work if scheduled by the Employer a minimum of two (2) four (4) hours shifts Monday to Friday and at least one (1) four (4) hour shift on Saturday.

(d) The Company will pay an employee four (4) hours pay for training if the employee is not scheduled for work.

6 02 Requirement to Post Shift Schedules

6 a) An employee work schedule shall be posted by Thursday noon for the coming week, and remain posted for the period.

b) The Employer shall retain a copy of the work schedule for a four (4) week period. A full-time Staff Representative of the Union will be permitted to peruse the work schedule, with the Store Manager or his designate in an effort to resolve any complaints.

c) In the event the Employer has to alter the work schedule, the affected employees shall be notified twenty-four (24) hours in advance. except in an emergency over and above the control of the Employer. or when the employee consents to such change. Upon request. a copy of the work schedule shall be given to the Store Steward.

d) When required all "Call ins" will be done based on Departmental Seniority. It is understood that such call in hours shall be offered first to those Senior Employees not scheduled the day of the call in. All changes to the posted scheduled shall be made in red ink at the time of the call in.

e) Part time employees may exchange shifts with another employee provided the Employee receives prior authorization from the Manager or his designate.

6.03 Scheduling Employees with More Than Five Years Service

a) An employee with five (5) years of continuous part-time service will be scheduled for a minimum of twenty-four (24) hours per week, such hours to be scheduled over five (5) days, provided the criteria in sub-sections (i) - (iii) are satisfied.

i) such schedule of hours are available in the employee's store; ii) the employee is available to work the available hours; and iii) the employee has the ability to perform the normal requirements of work available.

b) Day shift hours will be assigned with preference to seniority, provided the hours are available in the employee's regularly assigned duties. For the purpose of scheduling, a day shift shall be defined as any shift which starts at or before 6am and ends at or before 6pm.

c) In the event the scheduling threshold provided an employee with five (5) years' continuous part-time employment cannot be satisfied within the employee's regularly scheduled department, the employee shall be provided the opportunity of working additional hours to those thresholds provided a qualified employee is not available and the Employer would otherwise be required to hire and train an employee.

d) Prior to the Employer hiring off the street, a part-time employee with five (5) consecutive years of part-time employment may request in writing training by seniority in such department other than their own in order to claim additional hours up to the twenty-four (24) hour threshold.

e) During a work week in which one (1) paid holiday (Article 8) occurs, the work week will be reduced by the number of hours the employee will be paid for the paid holiday.

7 f) During a work week in which two (2) paid holidays (Article 8) occur, the work week will be reduced by the number of hours the employee will be paid for the paid holiday.

6.04 Scheduling Employees with Less Than Five Years Service

a) An employee with less than five (5) years of continuous part-time service will be scheduled for the remaining available hours taking into consideration the employee's length of continuous part-time service and the employee's ability to perform the normal requirements of the work.

b) Employees who are scheduled or called in and who report for work shall receive no less than four (4) hours' work, or pay in lieu thereof. Employee meetings are to be excluded from this Section when attendance at such meetings is voluntary on the part of employees.

c) Prior to the Employer hiring and training a new employee, a part-time employee who has not had any hours scheduled in a four (4) week period, providing he was "reasonably" available, may request in writing to be transferred to a position in another department. Such request will be made in writing to the Store Manager.

d) An employee who has not had scheduled hours in a four (4) week period, providing he was reasonably available, may request to be transferred to a position in another department for which they have the skill and ability to perform all functions of the position in a manner satisfactory to management. An employee may only exercise this option once per twelve (12) month period.

6.05 SUNDAY HOURS

(a) The Employer agrees to schedule all hours worked on a Sunday as hours to be worked in addition to the regular work week, and on a voluntary basis, by seniority.

(b) Employees hired after March 28, 2010, will be required if scheduled to work by the Employer a minimum of four (4) hours on a Sunday.

(c) Hours worked on a Sunday shall be paid the Sunday Shift Premium of $1.60 per hour. This premium will not be paid to anyone hired after April 21, 2013.

6.06 Split Shift

An employee may work a split shift by mutual agreement between the Employer and the employee.

6.07 TIMEKEEPING

The Employer shall provide time clocks in the store by which an employee shall record times as required by the Employer. This shall be required only at the beginning and at the end of any work shift and at the beginning and at the end of any meal period during that work shift, except where a time limitation of any rest period as set out in Section 6.09, is not being honoured.

6.08 OVERTIME PAY

8 a) All hours worked in excess of forty (40) hours in any one week shall be paid at the rate of one and one-half (1 :h) times the employee's regular hourly rate. b) In the event a statutory holiday falls on a Sunday, an employee working on the designated day of the statutory holiday shall be paid at the rate of one and one-half (1:h) times the employee's regular hourly rate, for all hours worked.

C) An employee shall be paid one-half (1 :h) times his/her regular hourly rate for all hours worked on a Public Holiday as listed in Article 7.00 of this Agreement. d) All overtime work shall be performed only after authorization by the Employer. e) The Employer agrees to consider seniority of the employees on a shift in a section provided the employee has the ability and is qualified to perform the work in the event overtime is required. The senior employees may accept or refuse the overtime, except in the event where the senior employee(s) is/are the only available employee(s) in the store at the time, who has/have the ability and is/are qualified to do the work of the required overtime. f) The Union agrees that the proper operation of the business will require overtime work periodically and that the employees will co-operate fully in the matter.

6.09 MEAL AND REST PERIODS a) Meal periods shall be one (I) hour duration when the store is open. This period may be reduced by mutual agreement between management and the individual employee. b) Employees scheduled four (4) hours or more in any one (I) day shall receive one (I) rest period with pay. Employees scheduled seven (7) hours or more in any one (I) day shall receive two (2) rest periods with pay. Employees scheduled ten and one-half (1 O:h) hours or more in any one (I) day shall receive three (3) rest periods. Rest periods shall be of fifteen (15) minutes duration and scheduled by the Employer as near as possible to the midway point of each half (1/2) shift. c) The times of such rest and meal periods shall be scheduled by the Employer but in no event shall an employee be required to take a rest period within one (I) hour of his starting or quitting time or within one (I) hour of his lunch period. d) No employee shall work more than five (5) hours without a meal period. e) The Employer agrees not to schedule meal periods prior to the completion of two and one half (2:h) hours of work. ARTICLE 7 -WAGES 7.01 The minimum hourly rates of pay for a student and non-student employee shall be as set out in Appendix "A" of this Collective Agreement.

7.02 In any week in which a part-time employee works in excess of twenty-four (24) hours, he will be paid at least the hourly equivalent of the full-time starting rate or his part-time rate, whichever is greater.

7.03 An employee designated by management to perform "office" duties for any three (3) hours in a regular shift shall receive fifty (50¢) cents per hour in addition to his regular hourly rate of pay for such hours 9 7.04 A night shift premium of eighty (80¢) cents per hour shall be paid to part-time employees who work a full scheduled night shift on a night crew for the purposes of night stocking duties.

7.05 A part-time employee relieving a full-time employee for the full week shall receive his part-time rate plus twenty-five (25¢) cents or the start rate for the full-time classification, whichever is greater.

7.06 a) All hours worked between 10 00 p.m. Saturday to one hour after store closing on Sunday in conjunction with Sunday opening shall be paid at the regular hourly rate of the employee plus a premium of one dollar and sixty cents ($1.60) per hour.

b) Any night shift hours scheduled and worked shall, in addition to the above, be paid the "night shift" premium.

c) Sunday hours worked which are not related to the store opening for business in accordance with the above and which are not part of the employee's regular daily work schedule will be paid at one and one-half times (1 %) the regular rate of pay ARTICLE 8 - PAID HOLIDAYS

8.01 a) An employee shall be entitled to pay for the following Paid Holidays:

New Year's Day Canada Day Thanksgiving Day Good Friday Civic Holiday Christmas Day Victoria Day Labour Day Boxing Day Family Day

Employees hired after March 28, 2010, will not be entitled to Civic Holiday.

b) In order to qualify for specified Paid Holiday with pay, the employee must have:

i) been in the employ of the Company for three (3) months or more immediately prior to such holiday;

ii) worked at least twelve (12) days or forty-eight (48) hours in the previous four ( 4) weeks; and

iii) worked his regular scheduled shift preceding and following the holiday.

c) Providing that the above conditions have been met, the number of specified holiday hours to a maximum of eight (8) that an employee shall be credited within each instance, to be paid at his regular straight-time hourly rate of pay, shall be determined by totaling the number of hours worked by the employee in the four (4) week period preceding the week of the holiday, and dividing the total by the number of days worked in the same period.

d) An employee with five (5) years' continuous service shall be paid six (6) hours provided he has otherwise qualified for Paid Holiday pay.

8.02 In addition to the above mentioned paid holiday, the Employer agrees to grant any other day or part day proclaimed by the Federal or Provincial Government as paid holidays for the purpose of this Agreement 10 ARTICLE 9 VACATIONS

9.01 VACATION PAY

(a) Employees hired before December 2, 2002 shall receive vacation pay as follows:

i) Up to one (I) year service as of December 31; four percent (4%) of annual earnings

ii) Over one (I) year service as of December 31; four percent (4%) of annual earnings.

iii) Employees with five (5) or more continuous years of service prior to December 31st shall be paid vacation pay the following May in the amount of six percent (6%) of annual earnings.

iv) Employees with nine (9) or more continuous years of service prior to December 31st shall be paid vacation pay the following May in the amount of eight percent (8%) of annual earnings.

v) In the event that the employee leaves the Employer for any reason, the employee will receive their full vacation pay entitlement.

(b) Employees hired after December 2, 2002 shall receive vacation pay as follows:

i) up to one (1) year service as of December 31 - four (4%) percent of annual earnings;

ii) over one (1) year and up to and including five (5) or more continuous years of service to December 31 shall be paid vacation pay in the following year in the amount of four (4%) of annual earnings;

iii) Employees with five (5) or more continuous years of service prior to December 31 shall be paid vacation pay the following year in the amount of six (6%) percent of annual earnings.

(c) Vacation pay will be based upon earnings and not T4 Statement.

(d) Vacation earned shall be paid twice annually on the 26th and the 52nd pay dates of the calendar year. The Employer will post a notice in the workplace by January 31st of each year stating when the 261h and the 52nd pay dates will occur. The Employer will provide the Union Staff Representative with a copy of the notice.

9.02 VACATION SCHEDULING

Upon written request of the employee at the time that part time annual vacations are scheduled, employees will be provided time off, without pay, for vacation purposes, to a maximum of two (2) weeks between April 1st and October 31st unless otherwise mutually agreed to between the Employer and the Employee. Vacation entitlement must be taken in the calendar year (January to December) and shall not be carried over.

11 ARTICLE 10- LEAVE OF ABSENCE

10.01 GENERAL

A leave of absence is an authorization for an employee to be absent from work for a definite period of time which has been approved in advance by the Employer. All Leaves of Absence provided for by this Agreement are considered by the Parties to exceed those provided for under the Employment Standards Act 2000, of Ontario, as amended.

10.02 ACCEPTING WORK WHILE ON LEAVE

An employee who accepts employment elsewhere during a leave of absence without the knowledge and consent of the Employer, shall be deemed to have voluntarily terminated his/her employment with loss of seniority and any benefits granted under this Agreement.

10.03 REQUIREMENT TO REPORT ABSENCE FROM WORK

(a) An employee unable to report for a scheduled shift must speak directly to his/her immediate supervisor, or if that supervisor is not on duty, the management person on duty.

(b) The parties agree that reasonable notice of absence from work is required. Reasonable notice is defined as a minimum of two (2) hours notice prior to the start of the shift.

(c) The Employer shall provide employees with the phone number to be used for purposes of reporting absences from work.

10.04 PERSONAL EMERGENCY LEAVE

The Employer will grant personal emergency leave, without pay, in accordance with the Employment Standards Act 2000 of Ontario, as amended. The maximum allowable days available to an employee under this Section is ten (1 0) days per calendar year. Provided such leave is approved in advance.

10.05 PREGNANCY AND PARENTAL LEAVE

The Employer will grant pregnancy leave and/or parental leave, without pay, in accordance with the Employment Standards Act 2000 of Ontario, as amended

10.06 JURY AND CROWN WITNESS LEAVE a) An employee who is required to serve as a juror or as a crown witness in any court of law or is required by subpoena to attend a coroner's inquest on a day that he/she would otherwise be scheduled to work will upon request in writing be granted a leave of absence with pay for all hours he/she would have otherwise been at work for up to a maximum of ten (1 0) working days. b) An employee's scheduled day off or scheduled vacation time off shall not be rescheduled to accommodate a leave under this Section. 12 c) Payment will be made only upon the Employee providing proof of attendance for the hours requested as paid leave under this Section.

10.07 BEREAVEMENT LEAVE a) An employee shall be granted the necessary time off work with pay for an absence from scheduled work, on the day before and the day of the funeral, and be paid at the employee's regular hourly rate of pay calculated at the number of hours to a maximum of his/her scheduled hours on such days. The term "immediate family" shall mean: spouse, common-law spouse, same sex partner, parent, child, brother or sister, mother-in-law, father-in-law, daughter-in-law or son-in-law. b) In addition to the above, the Employer agrees to grant an employee one (I) full day at the time of the death of the employee's grandparents, grandchildren, brother-in-law or sister­ in-law, provided the employee attends the funeral and was scheduled to work on that day. Pay for such day shall be paid on the basis of the scheduled hours for that day. c) Employees may retain one (I) day of the above allowance in order to attend an internment scheduled for a later date but within one (1) year of the death.

10.08 LEAVE WITH PAY

For purposes of this Article the amount an employee would have earned had they been scheduled to work when on an approved leave of absence with pay shall mean the employee's regular hourly rate calculated at the number of hours to the maximum of his/her daily or weekly scheduled hours of work. ARTICLE 11 -SENIORITY 11.01 The Employer agrees to supply a copy of the Part-Time Seniority List twice a year, during the months of January and July.

11.02 Transfer Full Time to Part Time

In the event a full-time employee's status is changed to part-time, the employee will be granted his length of continuous service with the Employer as a new part-time seniority date.

11.03 In the event a part-time non-student works the basic work week for three (3) consecutive months except for replacements due to vacations, accidents, illness, leaves of absence, and pregnancy and parental leave, the Employer determination of the reclassification of an employee shall be made in a reasonable and non-arbitrary manner.

11.04 EMPLOYMENT ADVANCEMENT a) Employees who desire to advance to a higher position shall advise the Employer in writing with a copy to the Union, of the position to which they aspire to advance indicating their reasons and qualifications for such advancement. The request shall be forwarded to the Store Manager. b) A part-time employee shall be given the opportunity to apply for any full-time position posted as per Section 11.1 0 of the full-time Collective Agreement and shall be hired in order of most seniority, provided they are qualified to perform the work available, prior to such vacancy being filled by a new hire.

13 11.05 LOSS OF SENIORITY

Seniority shall be considered broken and services and employment terminated if a part­ time employee:

1. is duly discharged by the Company,

2. voluntarily quits or resigns,

3. has been laid off continuously for a period in excess of one (1) month,

4. is called back to work after a layoff and does not return within a week of such notification by the Employer by registered letter to the last known address of the employee,

5. fails to return to work on the completion of an authorized leave of absence unless an extension has been granted by the Employer prior to the end of the approved leave, or

6. An employee who accepts a transfer to a non-bargaining unit position shall lose all seniority and all rights to further accural of seniority, immediately upon such transfer, or

7. retires. ARTICLE 12- NOTICE REQUIRED ON DISMISSAL 12 01 In the event the Employer terminates an employee who has been in the employ of the Employer, the provisions for notice and or severance shall be in accordance with the Employment Standards Act 2000 of Ontario, as amended.

12.02 An employee during their probationary period may be discharged without notice in accordance with the Employment Standards Act 2000 of Ontario, as amended. ARTICLE 13- GRIEVANCE PROCEDURE

13 01 GENERAL

Any complaint, disagreement or difference of opinion between the Employer and the Union or the employees covered by the Agreement, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, shall be considered as a grievance.

13 02 TIME LIMIT

Any employee, the Union or the Employer may present a grievance. Any grievance which is not presented within fourteen (14) days following the event giving rise to such grievance or within ten (1 0) days of the last day worked in the case of a dismissal shall be forfeited and waived by the aggrieved party.

13.03 GRIEVANCE IN WRITING

All grievances except those submitted by the employee to his immediate supervisor and/or Store Manager shall be submitted in writing and shall clearly set forth the matters in dispute. Within seven (7) days thereafter, the Employer shall reply in writing.

14 13.04 The procedure for adjustment of a grievance by an employee shall be as follows:

STEP ONE:

By a discussion between the employee, the Steward and the employee's immediate Supervisor and/or Store Manager. Failing a satisfactory settlement and within five (5) days thereafter, the employee may submit a written grievance to the Store Manager. Within the seven (7) days immediately following submission of the written grievance, the Store Manager shall reply in writing and failing a satisfactory settlement, then:

STEP TWO:

The Staff Representative or Representatives may take the matter up with the Owner. If a satisfactory settlement cannot be reached within fifteen (15) days (excluding Saturday and Sunday) the matter may then be referred to arbitration as per Article 14. A grievance can be submitted to arbitration only within twenty-five (25) days from the date of the Employer's Step Two answer. Any unresolved grievance not submitted to arbitration within the twenty-five (25) days shall be rendered null and void.

13.05 DISMISSAL GRIEVANCE

(a) An employee during their probation period may be discharged at the sole discretion of the Employer without access to the grievance procedure.

(b) If an employee is of the opinion that there has been an improper discharge and same is not adjusted by mutual agreement and the Union has submitted to the Employer a statement of the facts in writing signed by the employee concerned, then such discharge may constitute a grievance to be adjusted beginning at Step 2 of the Grievance procedure. ARTICLE 14- ARBITRATION 14.01 (a) A grievance may be referred to arbitration by either party to this Agreement, provided that such referral is in writing and is given to the other party within twenty-five (25) days following the date on which the decision at Step 2 was given.

(b) The Parties agree that neither Party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without first giving the other Party written prior notice of its intent to do so. Should either Party serve such notice on the other Party, the Parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered. The Parties further agree that any single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this Agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.

(c) This Article shall not apply to grievances outstanding over four (4) months.

15 14.02 SINGLE ARBITRATOR:

The notice in writing shall include the party's proposal as to a single arbitrator and both parties shall seek to agree to the appointment of a single arbitrator. If the parties are unable to agree upon an individual to act as an arbitrator, then the appointment shall be referred to the Ministry of Labour, for appointment pursuant to the terms of the Labour Relations Act, of Ontario as amended.

14.03 GENERAL: a) The arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement, or to substitute any provision of this Agreement, or give any decision inconsistent with the terms and provisions of this Agreement. b) The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other party. c) "Days" in this article means working days.

ARTICLE 15- HEALTH AND WELFARE

15.01 a) Medical Examination

The Employer may request a doctor's certificate for legitimate reasons or when absences are of a habitual and/or repetitive nature.

b) Medicals

The Employer shall be entitled to have an employee examined by any medical practitioner at the Employer's expense. The Employer's doctor shall endeavor to consult with the employee's personal physician as to the employee's physical condition. No employee shall be required to undergo a medical examination on his day off or after regular work hours.

c) In cases where there is a dispute between the Employer's doctor and the employee's doctor as to the employee's condition, the Employer and Union will select an independent doctor (specialist) who will examine the employee and render a decision as to the employee's condition. The independent doctor's decision shall be binding on the Employer and the Union and the employee. This cost of the doctor shall be borne by the Employer and the Union on a 50/50 basis.

15.02 U.F.C.W. TRUSTEED DENTAL PLAN (ONTARIO)

The Employer shall make a direct contribution to the Trustee Dental Plan effective January 1, 2010 of thirty-two (32¢) cents per hour, and thirty-eight (38¢) cents per hour effective January 1, 2011, for each straight-time hour of actual 16 work in respect of all employees in the Bargaining Unit. The contributions will be forwarded to the Trust. b) The Plan will be controlled by the Board of Trustees and the maximum coverage payment of claims shall be as determined from time to time by the Board of Trustees. c) It is agreed that in the event the Government of Canada or the Province of Ontario provides a non-contributory Dental Care Plan with similar benefits, the Employer's obligations to continue contributions to the Dental Plan shall cease. It is further understood, should a Government Plan create duplicate benefits, then these benefits shall be deleted from the Dental Plan and the Employer's contribution in respect to the cost of these benefits shall cease.

15.03 CANADIAN COMMERCIAL WORKERS INDUSTRY PENSION PLAN a) The Employer shall be a participant in the Canadian Commercial Workers Industry Pension Plan for all employees covered by this Agreement at a contribution of sixty five (65¢) cents per hour.

b) Also to solely retire, any past service liability, a contribution in addition to one or more of the foregoing future service contributions, of seven (7¢) cents per hour.

c) The Employer shall contribute in respect of hours paid for time worked and hours paid for time not worked due to sickness, vacations and public holidays (excluding Weekly Indemnity). The maximum number of such paid hours in a week for any employee shall be the number of hours in the basic work week pursuant to Article 5.00 of this Agreement.

d) The maximum pension benefit level under the Plan for service prior to entry into the Plan for employees of the Employer shall be $21.00 per month for each year of credited service with the Employer prior to entry into the Plan to a maximum of twenty (20) such years of credited service.

e) The cost of the past service benefit for the Employer's employees who are members of the bargaining unit effective date of entry into the Plan of I January 1979 and who were members of the Plan prior to 26 August 1985, shall be actuarially determined as at the time of entry and at intervals of not more than three (3) years thereafter and shall be paid by the Employer to the Fund, on the basis of seven (7¢) cents per hour paid or worked by employees.

f) A tally of contributions along with a list of employees in respect of whom contributions have been made, the amount of the weekly contribution for each employee and the number of hours worked or paid according to the above, shall be forwarded by the Employer within the twenty-one (21) days after the close of the Employer's four (4) week accounting period. The Employer shall pay interest at the rate established by the Trustees on all contributions not remitted as stipulated above.

g) The Employer shall cease making contributions for past service benefits immediately that the past service liability is paid. Such contribution shall be retained by the Employer. 17 15.04 An employee with five (5) years of continuous service shall be reimbursed one hundred percent (1 00%) of the cost of eye glass lenses and/or contact lenses and/or eye glass frames, and/or LASIK surgery up to a maximum of one hundred and fifty dollars ($150.00) in any twenty-four (24) month period. This coverage shall apply to the employee only and not to any other family member.

15.05 In the event the Employer requires employees to wear protective footwear, such employees shall receive an allowance of up to one hundred and fifteen ($115.00) dollars every two (2) calendar years upon submission of the original receipt of purchase for C.S.A approved footwear. There shall be no reimbursement for a new employee until he has completed his probationary period.

ARTICLE 16- GENERAL PROVISIONS

16.01CORRESPONDENCE a) Correspondence to the Employer shall be addressed to the Owner or his/her designate at:

Wentworth Wentworth Freshco 199 Wentworth Street West Lake Vista Square Oshawa, ON L 1J 6P4 b) Correspondence to the Bargaining Unit shall be addressed to the Staff Representative and a copy shall be sent either internally or to the address provided by the Chief Steward. c) For matters pertaining to the administration of this Collective Agreement, correspondence shall be sent to the designated Staff Representative at:

United Food and Commercial Workers Union Local 175 2200 Argentia Road Mississauga, ON L5N 2K7

16.02 PERSONNEL FILES a) An employee shall be given a copy of any disciplinary action (e.g. letters or memoranda of reprimand, suspension or notice of discharge) taken by the Employer. An employee shall sign a copy of any disciplinary action indicating that he/she has received and read the disciplinary notice, prior to it being placed on his/her personnel file. It is understood by all parties that such signature does not constitute acceptance of any disciplinary action imposed. b) Any letter or memorandum of discipline placed on an employee's file shall remain there for a period of eighteen (18) months and may be used to support further disciplinary action by the Employer

16.03 CASH SHORTAGES a) No employee may be required to make up cash register shortages unless he/she is given the privilege of checking the money and daily receipts upon starting and

18 completing the work shift, and unless the employee has exclusive access to the cash register during the work shift, except as specified below. b) No employee may be required to make up register shortages when Management exercises the right to open the register during the employee's work shift, unless the register is opened in the presence of the employee and the employee is given the opportunity to verify all withdrawals and/or deposits.

16.04 WEARING APPAREL a) The Employer agrees during the term of this Agreement to maintain its past practice relative to wearing apparel for employees. The parties further agree that this practice can be amended if mutually acceptable to the employees, the Union and the Employer. b) Special clothing such as raincoats and parkas are to be supplied and maintained by the Employer where required. c) Employees shall be required to wear clean presentable slacks as approved by the Employer as standard dress for all employees. d) Employees appearing at work in clothing deemed inappropriate or unacceptable by the Employer, acting reasonably, will be sent home to change without compensation.

16.05 LUNCHROOM AND REST ROOMS

The Employer agrees to provide for the use of its employees a Lunchroom and Rest Rooms. The employees shall co-operate with the Employer in keeping the Lunchroom and Rest rooms in a clean and sanitary condition.

16.06 Employees will be paid by way of mandatory direct deposit on a weekly basis. ARTICLE 17 -TERM 17.01 This agreement shall remain in full force from January 1, 2016 until December 31, 2019 and shall continue in full force thereafter from year to year, except either party may any time within ninety (90) days, before the expiry date, or renewal date of such agreement, give notice in writing to the other party of its intention to revise or abrogate this agreement.

Signed this ji )1- day of --~..;_.J.-_l_"--r-1 ____2019, at O~lifhV+ /

FOR THE UNION (J.J~CJ

19 APPENDIX 'A'

WAGES

PART-TIME WAGES

I Date of October L I Januarv 1, Janum")-C ---T January 1, I ! Ratification 2016 I 2017 • 2018 2019 I Start $11.25 $11.40 MW I MW I MW I --·-··-·-~-~ 500 Hours $11.30 $11.45 l'viW +$0.05 MW +$0.05 MW +$0.05 I I I ' 1001 Hours $11.35 $11.50 .\1\V +$0.1 0 MW +$0.10 M\V +$0.10 : I I I I 1501 Hours $11.40 $11.55 I !vfW +$0.15 MW +$0.15 MW+$0.15 : 2001 Hours $11.45 $11.60 I M\V +$0.20 MW +$0.20 MW +$0.20 _____ L ------I I 2501 Hours $11.50 $11.65 I ~1\V +$0.25 MW +$0.25 MW +$0.25 --·· 3001 Hours $11.55 $11.70 I MW +$0.30 M\V +$0.30 MW +$0.30 3501 Hours $11.60 $11.75 :V1W +$0.35 MW +$0.35 MW +$0.35 I I 4001 Hours $11.65 $11.80 :vrw +$0.40 YIW +$0.40 MW +$0.40 i ---- 4501 Hours $11.70 ! $11.85 I MW +$0.45 I YIW +$0.45 MW +$0.45 I

5001 Hours $11.80 1 s12.oo IS12.15 ! $12.30 $12.50

STUDENT \V AGES

I Date of October 1, 2016 I January 1, 2017 j January 1, 1 January L 20191 Ratification I 2o18 I c--- Start $10.55 $10.70 \1\V I MW MW l 001 Hours s l 0.65 $10.80 MW +$0.10 I MW +$0.10 MW +SO.lO 2001 Hours $10.75 $10.90 l'A\V +$0.20 ~~ MW +$0.20 MW +$0.20 '· I '

Note: At 18, employees on the Student Grid mo\'e to the pmi-time grid.

Article 15 does not apply to Students hired after .'v1arch 28, 201 0.

Active part-time (non-student) employees who are above the top grid rate will receive thirty cents ($0.30) per hour increase on date of ratification.

Effective date of ratification a lump sum of one hundred ($1 00.00) dollars will be paid on the following days:

January 1, 2017 July 1, 2017 January 1, 2018 July 1, 2018 January 1, 2019 July 1, 2019

All part time employees who regularly work twenty-four hours or more or are above the current pay scale will receive a lump sum pay of one hundred and fifty ($150.00) dollars upon date of ratification. 20 All other part-time (non-student) employees will receive a lump sum payment of fifty ($50.00) dollars upon date of ratification.

EMPLOYEES PAID OFF SCALE ARE COVERED BY LETTER OF UNDERSTANDING #1.

Wage Note: OFF-SCALED EMPLOYEES

In the event that any increase as a result of the general increase results in an employee being on an off-rate within his classification, they will move to the next higher increment scale when their experience and service warrant such an increase.

21 LETTER OF UNDERSTANDING #1

BETWEEN:

WENTWORTH FRESHCO (hereinafter referred to as the "Employer")

AND:

UNITED FOOD & COMMERCIAL WORKERS CANADA LOCAL 175, (hereinafter referred to as the' UNION")

RE: PART-TIME EMPLOYEES HIRED PRIOR TO DECEMBER 2. 2002

The Parties agree:

Part-time employees hired prior to December 2, 2002 who are currently paid a minimum of $10.95. will continue to receive their current rate of pay paid under the previous Collective Agreement.

Elsie Adamcewicz Julie Crawford Pauline Johnson

Marie Leal Katherine Lee Gail Lesperance

Debra Ritchie Lily Salmon

Datedthis 31~:;,-'t- DAYOF -:--\"~...\\.-] , 2019 at the city of c1ITr"n-..l0~ __)

FO~. THE EMPLOYER FOR THE UNION ~~~- c.~~~-

22 LETTER OF UNDERSTANDING #2

BETWEEN:

WENTWORTH FRESHCO

(hereinafter referred to as the "EMPLOYER")

AND:

UNITED FOOD & COMMERCIAL WORKERS CANADA LOCAL 175 (hereinafter referred to as the

Re: CCWIPP Stabilization Fund

The Company agrees to allocate to the Stabilization Fund a portion of the current CCWIPP contribution level of $0.65 per hour in accordance with the recommendations of the CCWIPP Board of Trustees. It is further understood and agreed that this is a temporary measure for the duration of this Collective Agreement and will be reviewed by the parties at or prior to the expiry of this Agreement, December 31, 2012.

DATED THIS 31 5 ~,-- DAY OF -:I,JA-, ?01 qAT OSTft""rl_,)a. ON - ~ ' ------' . J

FOR THE UNION FOR THE EMPLOYER

(J.J= 0

23 LETTER OF UNDERSTANDING #3

BETWEEN:

WENTWORTHFRESHCO

(hereinafter referred to as the "EMPLOYER")

AND: UNITED FOOD & COMMERCIAL WORKERS CANADA LOCAL 175 (hereinafter referred to as the "UNION")

Re: CCWIPP

Be it resolved that the employees have agreed to contribute towards their pension plan (CCWIPP) based on the contribution scheme set out below.

There be it resolved that the Employer agreed to deduct from all employees regular pay based on the amounts below and remit said contributions to CCWIPP effective October 1,2015.

DATED THIS S' \ st- DAY 0 F J:,J j 20 19 AT __o~S~-1 r-_-r.:....::>l--:_·2_8.::._- __, 0 N.

FOR THE UNION _QI~-a

------

24 LETTER OF UNDERSTANDING #4

BETWEEN:

WENTWORTH FRESHCO

(hereinafter referred to as the "EMPLOYER")

AND: UNITED FOOD & COMMERCIAL WORKERS CANADA LOCAL 175 (hereinafter referred to as the "UNION")

Re: Canadian Commercial Workers Pension Plan (CCWIPP)

Whereas the members of the bargaining unit voted in favour of making employee contributions to the CCWIPP.

The Employer agreed to deduct, as of October 1, 2015 and remit such contrbitutions along with a list of employees for whom they have been made, the amount of weekly contribution for each employee and the number of hours worked or paid in according to the above, shall be forwarded by the Employer within twenty-one (21) days after the close of the Employers four (4) or five (5) week accounting period.

The Employer agrees to pay interest at the rate established by the Trustees on all contributions not remitted as stipulated above.

Employee self-contributions (deducted by the Employer) shall be made in accordance with the following scale effective October 1, 2015.

Less than 2 years ...... 0 cents/hr 2 years but less than 8 years ...... 22 cents/hr 8 years or more ...... 40 cents/hr

DATED THIS ~,c.:},- DAY OF ~~J 2 0 1 9 AT _ _,_(-'-) _,_\l-'--'-tf=l~l-"--'··0=-F-'J--'--__, 0 N.

FOR THE UNION '------ffj

y_)