AGREEMENT

for the Period

January 1, 2017 to December 31, 2019

betwe 11

THE ESSEX TERMINAL RAILWAY COMPANY

and

THE TEAMSTERS CANADA RAIL CONFERENCE

ring

Rates of Pay and Rules

for

Conductors and Brakemen

13800 (04) TEAMSTERS CANADA RAIL CONFERENCE

TABLE OF CONTENTS

RU Rats of y ...... Benefits RULE Hours f v,Jork, Period nd Rest Breaks ...... RULE 4 Assignments ...... 8 RULE 5 Job Des r ions / Crews ...... 10 RULE 6 Advertisement of Positions ...... 11 RULE Filling of Positions ...... 12 RULE 8 re Board ...... 15 RULE 9 Promotions ...... 18 RULE 10 Seniority ...... 18 RULE 11 Held Off on ny Business ...... 9 RULE 12 Jury Duty ...... 19 RULE 13 Run Around ...... 2 0 RULE 14 nvestigations and scipline ...... 20 RULE 1 Grievance Procedure 1 RULE 16 Holidays ...... 24

RULE 17 Vacation 5 RULE 18 Leave f Absen ...... 29 RULE 19 Union ...... 2 9 RULE 20 Miscellaneous ...... 30 RULE 21 Agreement ...... 30 Appendix "A" ...... 32 Appendix "B" ...... 33 Appendix "C" ...... 34 Appendix "D" ...... 35 Appendix "E" ...... 37

- 1 - AGREEMENT betwe n THE ESSEX TERMINAL RAILWAY COMPANY and THE TEAMSTERS CANADA RAIL CONFERENCE for Conductors and Brakemen

THE TEAMSTERS CANADA RAIL CONFERENCE acknowledges that it is the exclusive function of the Company to operate and manage its business in all respects and, without limiting the generality of the foregoing, the Union acknowledges that, subject to the express provisions of this reement, it is the ri t of the Company to:

( 1) hire, direct, layoff, promo e, suspend, dis ipline and discharge employees for ust cause, subject o the ri t of a seniority employee to lo e a grievance as hereinafter provi ( ) ma ntain order, dis line and effi i y; ( 3) make and alter, from time to time, rules and re lations 0 be observed he employees, which ru es and regula i s shall not be inconsis ent with the express prov s ons of this reement; and ( 4) dete ne the location of buildings and equ pment, the s hedules of crews, the methods and means of operation.

Without restricting or limiting the generality of the foregoing, the Company retains all rights not specifically relinquished or modified by this Agreement.

The Company agrees that it will exercise its rights in a fair and equitable manner.

Essex Terminal Railway Company acknowledges the regularly constituted Committee of The Teamsters Canada Rail Conference to be the bargaining representatives on behalf of the Conductors and the Brakemen. The right to make and interpret contracts, rules, rates of pay and working Agreements for Conductors and Brakemen shall be vested in the Company and those representatives.

The word "Conductor" or "Brakeman" as used hereinafter shall be understood to mean any employee holding seniority under this Agreement.

- L" - BR.Jl...YEMEN JANUARY 1, 2017 - DECEMBER 31, 2019 RULE 1 Rates of

RULE 1.1 f r ho r irst of each

sum payments of $750 will be paid on the first pay of January 2017 and 2018 to employees hired prior to 2008 falling under this agreement who have worked in any department for more than 50 of the 52 weeks preceding January 1st. Employees may only rece this pa under one collective agreement.

oyees on a WSIB approved wor la injury working modifi duties will be paid at 85 of rates. An employee will be considered to be on modified duties if t are unable to perform the essentia du ies of their regular job.

The ny agrees that the "Existing loyeeu ra e structure will apply to employees hired prior to January 1, 2008 where they are the successful applicant for posit ions under other collective agreements.

RULE 1.2 Shift Differentials: Shift differentials will be paid at 50 cents per hour to all employees whose regularly assigned shifts commence between the hours of 14:30 hours and 22:29 hours, and 55 cents per hour paid for those commencing their shifts between 22:30 hours and 06:29 hours. The shift differential will be paid on t worked only, and overtime shall not be calculated on the shift differential nor shall the shift differential be paid for absence from duty such as vacations, general holidays, etc.

RULE 1.3 Pa s: The Company will continue to issue pay cheques every second Thursday.

RULE 2 Benefits

RULE 2.1 Master Po ic Cla made under the following terns are governed respe mast r policy.

- 3 - RULE 2.2 1/ /

or ye share of the

RULE 2.3 Life Insurance: The program prov $ 0,000 coverage w th t e ny paying all pr urns. loyees wi l be permitted to rchase additi l group coverage on a voluntary basis at their own expense in $5,000 uni ts, max $100,000 additional.

RULE 2.4 Accidental Death and Dismemberment: The will pay the p um cost 50, 0 of coverage.

RULE 2.5 Extended Health Care: An 80%-20% co-pay plan will be purchased for each employee and their ndants. oyees wil contribute $10 h towards the cos of the r benefits with the pay ng t balance of the p um. A pay direct drug card will be p ded to the members. (Allows rma y o submit cla ele tronically. pay only port o no red the Drug re- rsement vd 11 be l ed st of t lowest pri interchangeable Coverage for non-generic drugs will be prov d only when me cally necessary.

RULE 2.6 Dental Plan: Employees will receive an 80 -20 co­ pay preventative plan which includes chec s, cleaning, fillings, extractions, x-rays, root canals, periodontal and endodontic services to a tnaximum of $1200 per family member per year. The insurance will be maintained at prior year ODA levels during this contract.

RULE 2.7 Vision Plan: The Company agrees to pay $17 5 per eligible family member every two (2) years upon presentation of satisfactory evidence that the employee or family member has purchased glasses prescribed by a qualified physician. The benefit may be used toward the cost of eye exam.

RULE 2.8 Clothing Allowance: Employees will be provided with a $160/year safety boot and or work-wear clothing allowance at the option of the employee on submission of suitable proof of purchase.

- 4 - B~lL"\.E}fEN COLLECTI\i'"E ;.._,~,"""-'''"'-" JA.NU~.RY 1, 2017 - DECEM3ER 31 2019

RULE 2.9 e

of i s I'

RULE 2 .10 Condi tior1s for If for an re s other than r a luntary lE:ave of absE:n an is unable ~o perform t ir normal or assi du y ror a period anger than three (3) months, the ny paid or loyee paid ica and dental benefits descr will be suspended as of first day of the f urth month. Benefits other than dental and medical will be s in accordance with p sions of the Insurance Contra t. in the case of a work stoppage, a voluntary leave of absence or layoff, benefits will be continued for a further six (6) months with the y and the employee sharing the st of the premium equally, provided the employee has paid their portion of the premium to the Company prior to the first of the month for which coverage app ies. on layoff for three (3) months or long r to work a total of thirty (30) tours of y without subsequent interruption of 3 months or more befor benefit overage or y p um contr tion is reinstated.

RULE 2.11 Retirees: For employees retiring after ten (10) years of cumulative service a $3,000 retiring allowance will be provided by the

RULE 2 .11.1 Employees age sixty-three to sixty-five ( 63 65)retiring with pension after fifteen (15) years or more of continuous service, the Company will provide extended heal th care, 8 0 %-2 0 co-pay. No extended Heal th Care benefit is provided for retirees after age sixty-five (65).

RULE 2 .12 Bereavement: Upon the death of an employee's spouse, ch ld, parent, brother, sister, step-parent, father-in-law, mother-in-law, grandparent or grandchild, the employee shall be entitled to three (3) consecutive calendar days bereavement without loss of pay. Time off may be adjusted to cover the actual date of the funeral service.

RULE 2 .12 .1 It is the intent of this Rule to provide for the granting of leave from work on the occasion of a death as aforesaid, and for the payment of their regular wages for that period to the employee to whom leave is granted, (provided the employee has not less than six months' cumulative compensated

- 5 - CONDUCTORS BRAY£MEN COLLECTIVE AGREEMENT JA.''1UARY 2017 - DECEMBER 31, 2019

i • e o ask

RULE 3 Hours of Work, Meal Period and Rest Breaks

RULE 3.1 finition of Work ek: hirty-f Ve o rt ( 3 ------w 11 tut a week's work.

RULE 3.2 for Out larly assigned crews shall gnated pons for going on and off duty.

RULE 3.2.1 In the event a regularly assi crew is ca lled without 24 hours' notice, assi Brakemen/ onductors wi 1 be paid the bulletined hours of the assignment.

RULE 3.2.2 An unassi Conductor/Brakeman cancell after reporting for duty where no service is performed wil be paid two ( ) hours at schedul rates and will hold their position on t Spare/Rot ry rd. f any work is performed, they will be paid schedul hours of the assi and their position wi pla d n the bottom of the re/Rotary Board. If the unassi or/Brakeman is notified prior to reporting for duty there wi 11 be no pay.

RULE 3.3 Rest: Conductor /Brakeman may book res af e two (2) or more hour of work in excess of their scheduled shift by giving the Yardmaster at east four (4) hours' notice along with the number of hours of rest desired. This shall not apply to employees unavoidably dela or required for emergency service resulting from unforeseen occurrences.

RULE 3.3.1 The employees are to be the judge of their own condition.

RULE 3.3.2 Conductor /Brakeman will not required to report for duty until they have had eight ( 8) hours off­ duty for rest, if desired. Such time off-duty must booked on completion of tour of duty, and in no case shall period off-duty be less than eight (8) hours nor more than fourteen ( 14) hours incl ng call time. The period booked off-duty shall be in even hours and not to a certain r, and once booked cannot be changed or cancelled.

RULE 3.4 Assigned Conductors/Brakemen worked more bulletined number of hours of their

- 6 - COt-i""DUCTORS P..ND BR.A_K.EMEN COLLECTI\TE AGREEI"IENT J~iiuA.RY 1, 2017 - DECEMBER 31, 2019

k

RULE 3.4.1 Deleted

RULE 3.4.2 where exercising senior ty ri s from one assi to another;

RULE 3.4.3 Deleted

RULE 3.4.4 No Overtime on Overt There shall be no overtime on overtime. Time paid for in the nature f spe ial allowances su as attending court, inquests, investigations, examinations, etc., may not be utilized for this purpose except when such pa s apply during assigned working hours in lieu of pay for such hours, or where such t is now incl under existing rules in computations lading to overtime.

RULE 3.5 Meal Period: Crews will be allowed wenty (20) nutes for lunch beginning between four ( 4) hours and five (5) hours and ten (10) nutes af er starting work without deduction in pay, and wi 1 not be required to take work orders during unch per

RULE 3.5.1 Overtime Meals: The ny w 11 provide $10.00 toward the value of an overt meal if an employee is required to work ten ( 10) hours or mor on one shift. In the event of two ( 2) shifts worked in a twenty-four (24) hour period $10. 00 meal allowance will be paid for sixteen (16) rs or more.

RULE 3.6 In ured or Relieved from Out Conductor/Brakeman injur or rel eve from duty at Company's re st will be paid a full day's pay; however, if a Conductor/Brakeman is relieved on their own account or on account of sickness, they will be paid only the portion of the shift they actually worked. Employees who are considered to have abused sick leave privileges, resume duty after sick leave, or who book sick when called, or while on duty after being called, may be required to produce a medical certificate or submit to an examination from a Company medical officer. In the application of the foregoing the employee will be allowed f orty-ei ( 4 8) hours from the t they reported for duty to comply. Employees, who are not satisfied with the ny me cal opinion, may appeal th their Chairperson to the President within thirty (30) calendar days of receipt of a decision based on this

- 7 - CONDuCTORS COLLECTTVE AGREEMENT JA..NUl'L~Y 1, 2017 - DECEMBER 31, 2019

th regard 0 l will be fi J_ •

RULE 3.7 Boo Off: lo es requiring t f 11 request in writing o the Superintendent or designated official who will a their d isi n in writing as soon as possible. loyees who must book ff for a emergency r illness must ify the proper authority as to the reason they are unavailable as soon as known. Doctor's tes for illness or verification from Union Officer (for leave t perf rm union duties) shall be provided on request. loyees will be reimbursed for the cost of doctor's notes to a max of $45 when requested by the any.

RULE 3.8 When booking on, an employee who is off work for any reason must advise the yard ff i e at l ast hree hours prior to the beginning of loyee' s shift, during regular working hours ( y to r y 08:00 tol6:00).

RULE 4 Assignments

RULE 4.1 Definition of Assi nt: A Yard ngine work ng regularly for five ( 5) conse t shall be considered a regular assignment.

RULE 4.1.1 Regularly assigned crews shall have the same hours daily for all members of a crew. Assignment shall be thirty-five to forty hours (35 - 40) per week.

RULE 4.1.2 Regularly assigned crews, shall each have a fixed starting time and the starting time shall not be changed without at least twelve (12) hours advance notice. When the starting time of an assignment is changed, the Conductor /Brakeman affected may make another choice of assignments, such choice to be made at the time change is made known.

RULE 4.1.3 Two Shifts: Regularly assigned employees who are required to work two (2) shifts in their twenty-four (24) hour period will be paid actual hours for 2nd shift at time and a half of the hourly rate. When management is required to work as a Conductor or Brakeman/Brakewoman and a qualified member of this agreement has completed their shift, and such member has requested to replace the management personnel they will be permitted to do so, and will be paid - 8 - COl:IDUCTORS BR.l>.iCEMEN COLLECTIVE AGREEMENT J.'illUARY 2017 - DECEMBER 31, 2019

r

sh ft f assignment when personnel.

RULE 4. 2 Reduci Crews: The ny may, on t nty-four (24) hours notice, reduce the r of regu arly assi crews when in its opinion it be s necessary, and Conductors so affected ma exercise their seniority. Conductors and Brakemen wil be given t nty-four (24) hours advance notice of layoff.

RULE 4.2.1 Reduc Increasi Forces: reducing forces, seniority rights shall govern. When forces are increased, employees shall be returned to service in the order of their seniority ri s. loyees desiring to avail themselves of this rule must file their addresses with the Superintendent at he t of reduction and advise p ly of any nge of addresses. f the employe is not gainfu ly employed, they will have forty-ei hours (48) hours to return work. loyees who are a tively e n other employmen must return to rvice within 7 days after being notified or shall be consi red p rmanently out o s rv ce.

RULE 4.3 nsation for Assi ts: An loyee used in two class s of serv ce under the 11 ctive reement will be compensated actual hours worked in each service.

RULE 4.3.1 moved to 8.5.6

RULE 4 .'3. 2 moved to 8. 5. 7

RULE 4.4 Da Off: Regular assignments will be granted two (2) consecutive days off each week.

RULE 4 .5 While it has been the practice of the ny to schedule Yardmasters to coincide with crew schedules, the Company reserves the r to not schedule Yardmasters during crew hours, for periods not exceeding two ( 2) hours per day. During such periods crews will be directed by designated Management personnel.

- 9 - RULE 5 Job Des / Crews

RULE 5.1 of

work, all otr,er work traditionally perfo Conductors/Brakeme the s rvice of Ess x Terminal Railway ny. lo s may t use e e ronic scanning equi nt to re rd car numbers.

RULE 5.1.1 Conduc rs/Brakemen will be required t oup e or change air hoses. It is understood that air hoses will be coupled or chan only on cars that crew is required to move in the normal ourse of their tour of duty.

RULE 5.1.2 Conductors/Brakemen will required to lean sn0v1 from s1r1itches at isolated locations when there are nose ion force emp oyees avail le.

RULE 5.1.3 Any non- ny oper ted equ runn ng on rail will be piloted a Conductor/Brakeman n possession of an 'A' card. This rule wi not app y to equi on trackage that is unde the control of the Maintenance of Way rtmen

RULE 5.1.4 Conductors/Brakemen will not be requi d o work with engines that do n meet Transport Canada Standards.

RULE 5.2 Conductors will not be compelled to work with an inexperienced Brakeman.

RULE 5.3 Protected Conductors Brakemen All ors Brakemen ng sen or ty on or before February 7, 1983, will be "protected Conductors".

RULE 5.3.1 Protected Conductors/Brakemen will be permitted to work assignments in accordance with their seniority and for which they makes application.

RULE 5.3.2 Protected Conductors will not be moved from one regular assignment to another in order to fill out a helper position, except in cases of shortages of employees.

RULE 5.3.3 will be s exhausted or when there is no one on the Rotary List.

- 10 - o,.._,.~~,,uo~ COLLECTIVE==,==,,=,·

JAlTUP._RY 1 1 2017 - DECE1:1BER 31, 2019 RULE 5.4

to (45) tours of commence wor as a r /Brakeman a member. The length f the training period for new loyees wi 11 at the discretion f t Superintendent or designated official.

RULE 5.4.1 he members of The Teamsters Canada Rail Conference covered the current Collective Agreement will receive a training allowance of $22.37 per training shift for 2017 and 2018 and $22. 59 for 2019 to be d ded equally among the crew members.

RULE 5.5 New e: A new employee shall not be regarded as permanently employed until after sixty-f (65) tours of duty as a Conductor /Brakeman or a Conductor/Brakeman trainee, and within such period may, without investigation, be removed for cause which in the opinion of the Railway renders them undesirable for its service. If retained, their seniority shall commence the date on which wor d their first paid tour of duty after their training period. A new employee will qualify f r health benefits provided in RULE 2 upon being regar as being perman t y empl as determined herein and wi 11 quality for t heir two ( ) Floater days RULE 16 after having completed twelv (1 ) months of compens ted s ce.

RULE 5.5.1 A new employee will work as a Brakeman only, during their first thirty-five (35) tours of duty.

RULE 5.6 Crew Consist: A yard crew shall consist of one ( 1) Conductor and one (1) Brakeman.

RULE 6 Advertisement of Positions

RULE 6 .1 Posti s: All assignments will be advertised twice a year for three (3) days, closing date being the Wednesday prior to April 1st and October 1st, and all Conductors/Brakemen will be required to bid on assignments of their choice. Each assignment, when advertised shall describe the hours, days of the week, and location.

RULE 6 .2 Permanent and T rar Vacancies: All rmanent and temporary vacanc es will be advertised for three (3) days. All applicants must make their choice known either in writing, by tel or by radio to the - 11 - All ca ies il l ed by l the spare board wor ng n and first t, for the conduc or positions which w 11 fi the reg larly assi brakeman, if qua fied. Subsequent vaca ies may be claimed in 24 hours and will not advertis

No employee will splaced from any assi until the empl o e who owns the job de la res their intention to return to the assi at which time the employee being displaced may return to their own assignment or exercise their seniority on a temporary vacancy created during that period. The employee wi 1 assume e 2 regular days off from the assignment they are vacating p ded that y works up to the two (2) regular days off for that assignment. If any reason he returning emplo canno return o their regular assignment and efforts to reach the disp aced emplo e fa ls, the spaced empl ye may return to he vacancy the foll ng day without compensation for any lost wages.

RULE 6. 3 All known ncies 0 f ve ( ) days or mo will be advertised in advance. The successfu appli nt will assume the conditions of the assignmen starting on the first day of he vacancy.

RULE 6. 4 Absent Duri Advertisement: An empl who is absent dur ng the ent re period that the position is under bulletin may claim such vacancy upon return to the active working list and -must do so prior to the completion of the first tour of duty after returning to work.

RULE 7 Filling of Positions

RULE 7 .1 Conductor Vacancies: Should there be no applicat ons a temporary or permanent vacancy, as a tor, the junior qualified Conductor, not working as such s 11 be assigned.

RULE 7.1.1 T The Brakeman on the job will be a temporary va ancy of the conduc or, while under advertisement. In the event of a regularly assigned employee being called to fill a temporary vacancy when Spare Board is

- 12 - CONDUCTORS &'ill BRAKEMEN COLLECTTVE AGREEMENT JANU~.RY 1, 2017 - DECEMBER 31, 2019 hey their rev1.

RULE 7.2 Brakeman Vacanc In e ther no applications receive for a posit on a temporary or permanent vacancy, employee on the re Board shal be assi

RULE 7. 3 Conductors Brakemen: An employee appointed to fi a vacancy on which they had bid, will not have the r i to bid the posit ion they had vacated, when advertised as a result of their leaving it.

RULE 7. 3 .1 In the application of Rule 7. 1 and 7. 2, when an employee is forced on to an assignment with no work days remaining in the work week, the employee will remain on the spar board. An employee forced to an assignment with one or more days left in the work week, will be placed on the rotary board. And should a junior employee subsequently become avai able, the senior employe may force the unior employee on to the assi The option must be exercised prior to the senior employee complet their first tour of duty, following the return f the junior employe .

RULE 7. 4 Rotar Board: A Rotary Board will be maintained for regular assigned Conductors/Brakemen desiring the extra work when the Spare Board is exhausted. Employees f i 11 ing a three ( 3) days vacancy or subsequent vacancy closing on Friday will be placed on the Rotary Board for Saturday and Sunday. The employee creating the vacancy will also remain on the Rotary Board.

RULE 7.4.1 Should a vacancy occur and the Spare Board is exhausted during the regular working days of an assignment, a Conductor/Brakeman who has regular days off or has completed or will have completed their assignment will be used, provided this vacancy does not interfere with their existing assi

RULE 7.4.2 A Conductor/Brakeman working on assignment where their regular days off fall between Monday and Friday, inclusive, and desiring the extra work, will have preference on a spare vacancy during their days off in accordance with RULE 7.4.1.

RULE 7.4.3 Where no regular days off Conductors/Brakemen are available, then the Conductor/Brakeman who has completed or will have completed their assignment - 13 - CONDUCTORS AND BK"..."-EMEN COLLECTIVE AGREEMENT JANUARY 1, 2017 - DECEMBER 31, 2019

a s i k rked .l p interfere ith their xisting ass

RULE 7.4.4 s required f Roary Board, they i led first in first out. The ond or /Bra be paid time and one half when filling vacancies off the Rotary Board after they have comple ed sated erv ce f r the weekly number of bulleti hours of their assignment. Their status will be determined by the last assigned shift worked prior to being called off the Rot ry Board (for example, if last shift work was 35 hours assi overtime will be after 3 hours, etc.) (holiday and vacation will be incl in computing hours) in accordance with RULE 3. 2. 1. Nothing herein shall negate the ymen prov d for in RULE 4.1.3.

RULE 7.4.5 Should no Conductors/Brakemen be ava able as spe if i d in RULE 7. 4. 1, RULE 7. 4. 2 and RULE 7. 4. the most availabl Conductor /Brakeman will prov ded th s does not interf re with their assignment.

RULE 7.4.6 An avai ab e employee who decl nes t C ep work under this Rule w 11 drop t the bottom of he Rotary Board list.

RULE 7.4.7 ------~~-----Name Removed From Ro tar Board: Shou d a Conductor Brakeman w sh the r name removed from the Rotary Board, fifteen (15) days' written notice will be required. To have their name again added to same Rotary Board fifteen (15) days' notice shall be required in writi·ng.

RULE 7.5 Erne Crews: Should, in the opinion of the Company, an emergency arise which requires a yard crew, t persons living closest to the Engine House will be called to service same. The application of Rules and Procedures provided in the Co lective Agreement will be waived on such occasions. Persons answering such a call will be paid a min of eight ( 8) hours at the scheduled rate. An Engineer and a Conductor will suffice for the majority of emergencies.

RULE 7.6 Weekend Work: tors/Brakemen are t advise 12: 00 hours on Friday, and/ or the day preceding a holiday, if they are available for Spare Board or Rotary Board work on Saturday/Sunday and/or holiday. - 14 - CONDUCTORS A:t,'D BRA ...'

RULE 8 Spare Board

RULE 8.1 re Board List: Conductors/Brakemen will be required to not fy the on-duty Yardmaster of any errors or omissions of their relative standing on either the re Board or the Rotary L st, within seventy-two (72) hours of the infraction coming to their attention. It will be the loyees' responsibility to check their board posit ion upon returning to work after their assi days off r absences of more than two (2) days.

RULE 8.1.1 Employe s wi l have their name from the Spare Board if they are on permanent, emporary or subs nt vacancy, or on leave of five ( 5) s r more. An employee returning to the re Board will be placed at the end at 00:01 hours, Monday morning.

RULE 8.2 Protection of Conductors/Brakemen wi be calle rom t re Board in rotation order to protect all vacan ies as prescribed in RULE 7. an arlier vacan y is reated after a re Bo rd employe has accepted a call to work a later assignment, they may be called for the earlier vacancy. If the employee does not work the earlier assignment they will retain their posit ion on the Spare Board.

RULE 8.3 Faili A Spare Board employee who accepts a and a s to report for duty will be held off the Spare Board until the employee used in their place has completed the tour of duty in question. At this time they will be placed behind the employee used in their stead. In any case the t held off the board will not be less than twelve (12) hours.

RULE 8.4 Da Off: Spare Board employees may work any five (5) days in a work week, and their days off need not be consecutive. It is understood that Spare Board employees will not be required to work more than five (5) regular shifts in a work week. Statutory Holidays and approved vacation days will be us in the computation of "five regular shifts".

- 15 - CONDUCTORS P~Ll BR.ZUCEMEN COLLECTIVE AGREEMENT JANUARY 1, 2017 - DECEMBER 31, 2019 RULE 8.5

and day wi The Loca Chairman be advised part lars should they so re s A spare nduct r /Brakeman accepting a duty al falling under the ondu tors and Brakeme l reement, shal have their name removed Conductor /Brakeman spare board. Their name i placed at the bottom of the are Board List at completion of their shift.

RULE 8.5.1 loyees who have accepted such holiday work assignment and hen fail to report for and perform such work wi hout giving reasons satisfactory to the shall not rece pay for the hol y.

RULE 8.5.2 A qua ified employe whose vacation period coinci s with any of the scheduled statutory holidays will receive an extra day's vacation with pay ta concurred n by the Superintendent.

RULE 8.5.3 De eted

RULE 8.5.4 Only one basi day's pay shall be d to n empl yee for a statutory holiday irrespecti of the number of sh fts worked. Such pa s l be a the rate of the hi s rated pas it ion worked in Yard service on that day.

RULE 8.5.5 Recalled In the application of RULE 8.5 the Company place recalled emplo es at the ttom of the Spare Board rotation list, at 23: 59 hours, on the date of recall.

RULE 8.5.6 Unassigned or Extra Conductors/Brakemen· who are required to work in excess of eight ( 8) consecutive hours, or who are required to commence work on a second tour of duty within a twenty-four ( 4) hour period without an interval of eight ( 8) hours or more having intervened between the completion of work on the previous Yard job and the time required to report for work on a second Yard j will be paid for time worked in excess of bulletined hours of their assignment, at one and one-half (1 1/2) times the pro rata rate.

RULE 8.5.7 Employees covering vacancies will be paid the number of hours of the assi Unassigned employees working "unassigned" or "extra" shifts will be paid a minimum of 7 hours per shift. Overtime for unassigned employees will be paid after 40 hours per - 16 - CYH

- DECEMBER 31 1

k 6 s s

RULE 8.6 pr ided at 8.6.9, an re Board r duty for an entir yroll peri sixty-four 64) hours pa rate. Regular hours, hours, anot er c ss of service or and pa s under le 16 wil be incl he calcula ion of the guarantee. When part way through a pay ycle, an emp oyee' s guarantee wi be pro-rated based on the number of days worked during the pay cycle.

loyees working in other departments prior to reach 64 hour guarantee will be paid no less the pro-rata Brakemen rate.

loyees may work in other rtments t the prevai ingrate for he class of work performed, on a voluntary bass, after sixty-four (6) hour guarante for the pay period has been satisfied.

When ined Brakeman, Conductor, Ya ster and neer earnings exceed 64 hours at the pro-rata Brakemen rate, there wi 1 be no guaranteed top up.

RULE 8.6.1 For ea calendar day a emplo who refus wok in another ass of s rvice prior to reaching sixty­ four (64) hour guarantee; misses a two (2) hour call; books sick or is otherwise not available for duty, the guarantee will be reduced by one (1) day, subject to the following:

RULE 8.6.2 An employee shall orily be penalized once in a calendar day, which is defined as the period from 00:01 hours to 23:59 hours of any particular day.

RULE 8.6.3 Employees shall be entitled to a two (2) hour call, and their guarantee shall not be reduced, if less than a two ( 2) hour call is afforded. The emplo e's name will be dropped on the re Board in rotation order.

RULE 8.6.3.1 Conductors/Brakemen called will make every attempt to report for duty as soon as practicable to cover unknown vacancies in order to reduce crew ime.

RULE 8.6.4 The only exception to the foregoing provision is if an employee is contacted with less than a two ( ) hour call, and such employee declines the work, - 17 - BRAJ{EMEN COLLECTIVE AGREEMENT 2017 DECEMBER 31, 2019 ir penal t e re rd in rotation c

RULE 8.6.5 An emplcye C re and sses more han in the guarantee peri entitle t a y guarantee under RULE

RULE 8.6.6 Becki Rest: An employee on a Spare Boa who bocks rest in excess of twelve ( 12) hours w 11 have their rantee reduced in accordance with the p sions of RULE 8. 6. 1.

RULE 8.6.7 An employee entitled to the guarantee under the provisions of this Rule who is assigned to the Spare Board f r only a portion of the guarantee period will be p id their full proportion c the guarante pro-rated according to the number cf days the emp o was on the re Board as re ted to t number of days in th pay period.

RULE 8.6.8 Deleted

RULE 8.6.9 loyee hir aft r January 1, 2014 w be enti 1 to a r y- ght (48) hour guaran e .

RULE 8.7 This Rule w 11 not be cons to mean tha th earnings specified are the maximum wh ch nduct rs/Brakemen will be permitted to make.

RULE 9 Promotions

RULE 9 .1 Promotions with Employees accepting promot on w th t w i'l be granted a leave of absence for one year. Employees on leave of absence may retain and accumulate seniority ri s for one ( 1) year, and pay Union dues as per RULE 19 during that time, except as otherwise provided by this Agreement a sixty (60) day prior written notice will be given to the employee and the Chairperson.

RULE 9 .2 Yardmasters: intment of Yardmasters will be made pr rily from the ranks of Conductors/Brakemen according to seniority, merit, fitness and ability.

RULE 10 Seniority

RULE 10.1 Seniority List: Employees in Yard service will have access at all times to a seniority list to be posted - 18 - CONDUCTORS J.~'ID BRAY.EMEN COLLECTIVE AGREEMENT JJ..NU~-~y l, 2017 - DECEMBER 31, 2019

p f

ty Servi will be ri ls and Oc ober 1st each 1 be furn shed to the rson. Conduct rs/Brakemen whose tanding is rrectly shown st prates in writing n thirty (30) days or no a tion wi l be thereafter taken. The standing of any employee who is absent on leave or thr illness will not be affected by this rule. The seniority list will be adjusted o refle es due to retirement, death, resignation or rightful dismissal. oyees on lay-off wi hout compensated service for twelve (12) months will be removed from the seniority list.

RULE 11 Held Off on Company Business

RULE 11.1 Conductors/Brakemen he doff on ny's orders or bu ss ( ical or ru class s) wi l paid schedule rates for time lost with a min of seven 7 hours in ach twenty-four hour riod, and actual reasonab e expenses incurred.

RULE 11.1.1 loyees wi l be pa d a standard two ( 2) hour regular rate allowance while securing medical examinations requested by the ny when performed outside of regular working hours.

RULE 11.2 Called Witness: Conductors/Brakemen called as w tnesses by the Company, or as a result of an incident involving the ny before a court, tribunal or coroner's inquest will be allowed the time consum·ed in court or until discharged seven· ( 7) hours minimum rate equal to scheduled number of hours they would have worked for each twenty-four (24) hours or portion thereof detained from duty. The employee is expected to report their t of discharge and be available for work three ( 3) hours later.

RULE 12 Jury Duty

RULE 12.1 Summoned for Jury Duty: An employee summoned for jury duty and who is required to lose more than three ( 3) working days' time from their assignment as a result thereof shall be paid for actual time lost up to their scheduled hours excluding the first three ( 3) days. The pay will be based on minimum - 19 - CONDUCTORS ANlJ BRAKE•fEN COLLECTIVE AGREEMENT JA.~-UARY 1, 2017 - DECEMBER 31, 2019 seven ( 7) hours at the stra.ight-time rate applicable to the service last performed, less the amount allowed them for jury duty for each such day (excluding allowances paid by the court for meals, and ra s rtation), s ect to t ing requirements and limitatio s:

RULE 12.2 Statement From the ourt: An emp oyee rrust furnis t Company wt a statement from the court of jury allowances paid and the days on which the jury duty was performed.

RULE 12.3 Maximum Number of Days Paid: The number of working days for which jury duty shall be paid is limited to a maximum of thirty (30) days in any calendar year.

RULE 12.4 Jur and Vacation or Holida s: No jury duty pay be a r any day for which the employee is entitled to vacation or general holiday pay. An employee who has been allotted their vacation dates will not be required to change their vacation because they are called for jury duty.

RULE 13 Run Around

RULE 13.1 n th event an oyee is run around avoidably, they will be entitled to actual lost wages with a minimum of four ( 4) hours pay at the rate for the classification that they would have worked, and retain their position on the rotary or Spare Board.

RULE 14 Investigations and Discipline

RULE 14 .1 Conductors/Brakemen· will not be disciplined or dismissed until after a full and impartial investigation held within fifteen (15) calendar days from the time the event becomes known to the Company. They may, however, be held off for investigation not exceeding three ( 3) days, during which time they will be furnished with a written notice containing a complete statement of the charge or charges to be investigated. Conductors/Brakemen may have the assistance of an accredited representative of the TCRC who is also an employee, in stating their case, and the evidence against them will be stated to them.

RULE 14.2 Notification of Investigation: All concerned will receive notification to be present. If not satisfied with decision the accused may appeal - 20 - ER-11-F..EMEN COLLECTI\t""E AGREEMENT JA!:l'Jf'_R.Y 1 2017 - DECEMBER 31 2019

L

within Should investi ion onductors/Bra 11 resume duty and day for e ch hours rt ion detained from duty ai::: scheduled rate and covering service in whi hey were emp o at the t of the a le offense.

RULE 14.2.1 e's File: No re rd of discipline or caution w 11 be placed in an employee's file unless a copy of such record is given to the employee at the time of the disciplinary or cautionary action. Copies of such letters or memoranda will be delivered to the Local irman. All such records will be removed from each employee's file on the fourth anniversary of such disc line or aution.

RULE 14. 3 schar or Resi tion: When Conducto /Brakema s d scharged or res gns, they wil wi hin five ( ) working days be paid and as soon s pos ible be given a rtificate stating term of service and in what capacity the were employed.

RULE 14. 4 Brakemen: In the event any r f e ls that He r is incompetent, shall make writt n complaint to the Superintendent, who will, bef r taking any action, conduct an investigation as to the validity of the charges.

RULE 15 Grievance Procedure

RULE 15.1 ion: Should an employee who has ty have a complaint arising from the or alleged violation of this Agreement, or if they consider they have been unjustly disciplined, the grievance procedure shall be as follows:

RULE 15. 2 St 1: The employee who has a grievance will meet with the Superintendent or designated official to discuss their grievance within three (3) working days of when the employee knew or should have known of the vio ation or matter complained of but in no circumstance later than 15 days after the occurrence. This will initiate the grievance procedure.

- 21 - CONDUCTORS

RULE 15.3 Superintendent or i by a t:her mana or designated

ow ng oral la nt to Superintendent r designated official. A clination of such grievance shall be in writing.

RULE 15.4 St 2: If a satisfact ry settlement is not rea at the foregoing s ep, the grievance shal the be s tted in writing o the Superintendent r designated official the local Chairman within seven ( 7) days of the Superintendent or desi ted official decision from Step 1, submitting any information relating to the grievance which may help to clari the matter. The Superint ndent will render their decision in writing within seven ( 7) days of re ei of the grievance.

RULE 15.5 St he decision of the rintendent is not sat sfact ry the General Chairman may appeal in writing to the President or their representative within hirty (30) days f the Super ntendent's de ision. At he same time, the Union may s t any addit anal nformat on relating to the which may he p cl a r i f y the matt r . The wi l render a de ision in writing on a grievance w thin thirty (30) days of recei f the grievance.

RULE 15. 6 T Claims: tors/Brakemen will be advised promptly in writing through the proper officer, with the reason, if time claimed is not allowed in full. In case t is disputed, the time not in dispute will be' paid in the current pay period., Time cheques will be issued upon request for any shortage of eight (8) hours or more.

RULE 15.7 Time Limitation: The time limits foreseen at the various steps of the grievance and arbitration procedure may be extended by mutual consent, in writing, both the Company and the Union.

RULE 15. 7 .1 The use of the word "day" with respect to actions to be taken in the grievance procedure shall be interpreted as meaning calendar day except where otherwise provided herein.

RULE 15.8 Arbitration: Any allegation by either the Union or the Company that the other party has violated or misinterpreted this Agreement may be lodged in - 22 - BR..A_}(Et,-fEN COLLECTI\7E AGREE!v!ENT Jl'-.N'J!LR:{ 1, 2017 -- DECEMBER 31, 2019

r ma 0 f t he other 0 f t alle or matt r

RULE 15. 8 .1 hereafter, the gr evan hal be dea t wi h at Step 3 of the grievance procedure. In the ase fa Company poli y grievance, references to Genera Chairman and President sha l be reverse and he word "employee" shall be substituted with "the ny". Failing satisfact ry settlement t Step 3, the poli y grievance may be referred by either party to arbitration within the time limits prov d in this Agreement.

RULE 15.8.2 An Arbitrator shall have the power, with respect to policy grievances filed by the Union or Company, to award s as a with respect to sa d poi y grievance.

RULE 15.8.3 If the de ision from Step of the grievance procedure is not satisfactory to the grieving party, such grievan may be submit ed to arbitra ion provi wr tten notice of the ref rral to arbitration is served on the other party within fifteen (15) days of the Step 3 reply or t xp ry of the time period for delivery of the Step 3 reply.

RULE 15.8.4 notice from one party, following a failure to reach a satisfactory settlement at Step 3 that it intends to proceed to arbitration on a grievance, that party shall propose the names of three (3) possible Arbitrators to adjudicate the grievance.

RULE 15.8.5 The party receiving the notice referring the matter to arbitration shall have seven (7) days to respond in writing to the proposed Arbitrators, either agreeing to have one of those proposed to adjudicate the grievance, or proposing the names of three ( 3) different Arbitrators.

RULE 15.8.6 Failing agreement on the Arbitrator to hear the grievance within fourteen ( 14) days, either party may request that the Minister of Labour appoint an Arbitrator to hear the matter.

RULE 15. 8. 7 The parties shall each pay an equal share of the expenses of the Arbitrator.

RULE 15.8.8 The itrator selected to hear the grievance shall have authority to make a final and binding - 23 - CONDUCTORS AND BRA.l{EMEN COLLECTIVE AGREEMENT Jl>-J:WARY 1, 2017 - DECEMBER 31, 2019 determination with respect to the grievance. The Arbitrator shall have the power, in addition to the power conferred by the Canada Labour Code, to modify, cancel or substitute another penalty in spe of any disciplinary measures sed by the ompany, provided that reasonable grounds exist for so doing, and may order the Company to compensate an employee for losses o casioned as a result of any wrongful action by the Company. Notwithstanding the foregoing, the Arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement, or to substitute any new provision in lieu thereof, or to give any decision inconsistent with the terms and conditions of. this Agreement, or to deal with any matter not covered by this Agreement.

RULE 15.9 Retroactive Pay: Any settlement of a dispute which involves retroactive pay will be remitted to the employee as soon as possible, and not later than thirty (30) days after the settlement.

RULE 16 Holidays

RULE 16 .1 larly assign d Conductors/Brakemen who do not ay off of their own accord will be paid no les than the bulletined days of the assignment. It is understood that the fol lowing eleven ( 11) general holidays will be paid in accordance with RULE 16.4. Canada Day will be observed on the day recognized by the majority of ETR's customers.

New Year's Day Thanksgiving Day Good Friday Christmas Day Victoria Day Boxing Day Canada Day Two (2) Floater Days* Civic Holiday RULE 5.5 Labour Day * Application in writing required at least one week before the desired date, subject to shorter notice in the case of a bereavement not provided 2.12.

RULE 16 .1.1 Assigned employees will receive the number of hours pay for the Holiday that they would have received if they had worked that day. Unassigned employees will be paid the average number of scheduled hours worked in the preceding eleven (11) tours of duty.

- 24 - CON"TIUCTORS A.."m BRA.. 'ZEMEN COLLECTIVE AGREEMENT JANUfa_qy 1, 2017 - DECEMBER 31, 2019

RULE 16 .2 ubstituti r i t- a ubs it te the Federal observed. Canada Day excepted.

RULE 16.3 Work on a Holida An emp oyee who is re red t work on any of these eleven hol ys VJi 'l receive pa nt at the rate of t and one-half ( l 1/ ) l addition to their regular rate of pay.

RULE 16.3.1 Work Da Cancelled: An assignment will not be cancelled on a regular working day of the assignment and worked on a statutory holiday to avoid penalty payment for the working day cancelled.

RULE 16.4 Hali Entitlement: In order to qualify for pay for a general hol day an empl e must be entitled to wages for at least twelve (12) shifts or tours of duty during the thirty (30) calendar days iately preceding the general holiday, and existing provisions are amended to prov de that an employe who is laid off or suffering from a bona fide injury, or who is hos pi tali zed on the holiday, or who is in rece of, or, who subs ly is qua ified f r Weekly Indemnity benefits because of illness on such holiday but who otherwise qualified for general holiday pay, shall be paid for such holiday.

RULE 16.4.1 Regularly assigned employees entitled to payment for a statutory holiday on which their assi does not work shall be paid at the rate of the position they would have filled, less shift differentials, had their assignment worked on the holiday. Unassigned employees will be paid based on rate of the majority of service they worked on the previous eleven (11) tours of duty.

RULE 17 Vacation

RULE 17 .1 Less Than One Year nt: An emplo who at the beg nn ng o the ca r year has less than one year of continuous employee relationship, but who has had more than thirty (30) days compensated service and/or available for duty in preceding calendar year, shall be allowed one working days' vacation with pay for each twenty-five (25) days' worked and/or available for service, with a maximum of ten (10) working days, until qualifying for further vacation under RULE 17.2 of this Rule.

- 25 - AND BRA..K.EMEN COLLECTIVE AGREEMENT JA1:su8_qy 1, 2017 - DECEMBER 31, 2019

RULE 17.2 r year has hip or a (5) years , 250 days servi and/ r for duty, shal one working days' h pay fore days' worked duri the pr ding calendar a max of fifteen (l ) working days, unti qualifying for further vacation under RULE l . 3 of this Rue.

RULE 17.3 Ten Year nt: An employee who at the g nn ng of the calendar year has maintained a continuous employee relationship for at least ten (10) years shall be allowed one working days' vacation with pay for each 12-1/2 days' worked during the preceding calendar year, with a maximum of twenty (20) working days unti qualifying for further vacation under RULE 17.4 of this Rule.

RULE 17.4 Nineteen Y ars nt: An employee hired prior to December 31, who a he inning of he a endar year has maintained a continuous employee relationsh for at least nineteen ( 1 ) year shall be allowed one working days' vacation with pay for each ten (10) days' worked during the preceding a endar year, with max of twenty-five ( 5) working days.

RULE 17.5 Twent Years nt: An employe hire prior December 31, who at the beg inning of the calendar year has maintained a continuous employee relationship for at least twenty-eight (28) years shall be allowed one day vacation for every eight (8) days worked in the preceding calendar year to a maximum of thirty (30) days. Such employee qualified for six (6) weeks' vacation may accumulate one week per vacation-year until retirement. This accumulated vacation may be taken immediately prior to the employee's retirement date in conjunction with th vacation currently due.

RULE 17.6 at ion of Service: In computing service under RULE 1 7. 1, RULE 1 7. 2, RULE 1 7. 3, RULE 1 7. 4 and RULE 17.5 of this Rule, days' worked in any position covered by similar vacation rules will be accumulated for the purpose of qualif ng for vacation with pay.

- 26 - CONDUCTORS fu"'

RULE 17.6.1 r ' s lative servi

RULE 17.6.2 On a count of bona fi ss, attend rganization busi not ota f 100 days in a y cale r r lay-offs, t exceeding 30 days in any ca endar year shall be included in the ation of s rvice for va ation purposes.

RULE 17. 6. 3 Deductions: vacation granted for which the employee does not subsequently qualify will be deducted from the emplo e's vacation entitlement in the next calendar year. If such employee leaves the s rvice for any reason prior to their next vacation, the adjustment will be made at time of leaving.

RULE 17.6.4 Ma orit of Service: The rate f pay for vacation wi l be based on a ma ori ty of the rate ar in the last 11 tours of duty.

RULE 17.6.5 loyees will be ent tled to the number of days as set out in th llective agreement and will pad as fol ows: Assi employees will be pa d the bulletined hours of their assignment. Unassi employees will be paid an average of the numb r of hours worked in the last 11 tours of duty. Hourly ra s for vacation earning will be det rmined in accordance with Rule 17.6.4.

RULE 17. 7 Vacation Entitlement: An employee covered by RULE 17.2, RULE l .3, RULE 17.4 or RULE 17.5 will be entitled to vacation on the basis outlined therein if on their fifth, tenth, nineteenth~ or twenty­ eighth or subsequent service Anniversary date he achieves the required days' of cumulative compensated service, otherwise their vacation entitlement will be calculated as set out.

RULE 17. 7 .1 An employee who has become entitled to a vacation with pay shall be granted such vacation within a (12) twelve-month period immediately following the completion of the calendar year of emplo in respect of which the employee became entitled to the vacation.

RULE 17.8 Vacation and Rest Da loyee's vacation period w 11 start on the day following their assigned rest days except as defined in RULE 8.5.2.

- 27 - CONDUCTORS A.Nu BRAKEMEN COLLECTIVE AGREEMENT JANUA..~Y 1, 2017 - DECEMBER 31, 2019

RULE 17.9 ons r t ar is pra icab et do so, r nee on the per od se ected as t ir first in order of senior i y of the applicants. S applicants wi have preference over ater applicants. app icants will be advised in March of the dates allotted them a unless otherwise mutually greed employees must take their va ation at the ime allotted.

RULE 17. 9 .1 Un ess otherwise mutually agreed, employe s who do not apply for vacation prior to March 1st shall be required t take their vacation at a t to be prescr the ny.

RULE 17.10 th of Vacation: loyees entitled to less than two wee ks' vaca t on must take such vacation in a continuous period. An employee entitled to thre more weeks' vacation may, p ded p r appli tion is made and th re is no addit anal expens to the Company, take their vacation in two or more portions, neither f which will be less than one week.

RULE 17.11 Account of Vacation: under the terms of reement w 11 not be considered as t off on account oyees own accord under any g rant e rules and will not be conside as breaking such guarantee.

RULE 17.12 Vacation as Personal Leave: Employees may ut l ze f ( 5) days' earned vacation as personal leave days provided there is no additional cost incurred by the Company. Such time may be taken as required upon written notice of not less than forty­ eight ( 4 8) hours to the Superintendent. RULE 17. 6. 4 will apply.

RULE 17.13 off: An employee who is laid any vacation due them at the beginning of current calendar year, and if not subsequently reca led to service during such year shall, upon application, be allowed pay in lieu of any vacation due them at the beginning of the following calendar year.

RULE 17.14 Vacation Days and Termination: An employee terminating their employment for any reason at a time when an unused period of vacation with pay stands to their credit sha 11 be al lowed vacation - 28 - CONDUCTORS P...J:ID BRJ\.J.!'{EMEN COLLECTIVE AGREEMENT Jfu~-UP-~Y 1, 2017 - DECEMBER 31 2019

e f their n RULE 17, 0 V t r C "

RULE 17.15 Re- at on for Vacation: An i vidua leaves the serv ce of their own a cord, r who s dismissed for cause and not reinstated in their former standing wi t.hin years of date f s dismissal shall, if subsequently returned t the se ce, required to qualify again for vac ion with pay as provided RULE 17.

RULE 18 Leave of Absence

RULE 18.1 Leave of absence up to ninety (90) days may be secured from a officer, request to be in writing and reason thereof stated. Extensions of thirty (30) days may be granted when approved by the Superintendent or a ompany officer and Chairperson for a max of one (1) year.

RULE 19 Union

RULE 19.1 Dues: The ny will grant che k- ff of Union dues. Not more than one payment of Union dues shall be made by an employee in any one month. oyees fill positions coming within the scope of more than one wage reement in a month shal pay Union dues to the Union holding the Agreement under which the employee was assigned as at 00:01 hours on the first calendar day of the month. Where dues have been deducted from the wages of an employee pursuant to this Agreement, and dues are payable by such employee to another Union in accordance with the foregoing, application to the Company for refund of dues deducted under this Agreement shall be made by such employee.

RULE 19.2 Term Disabili t Premiums: The Company will prov de payroll deduct on serv ce for the employees' LTD premiums, and will remit premiums as instructed by the Union.

RULE 19.3 -~-~------Union: Those accepting employment w i 11 be granted an indefinite leave of absence. Employees on leave of absence may retain and accumulate seniority rights for the leave period subject to the pa of Union dues under RULE 19.

- 29 - BR-2\.,7<.El-iEN COLLECTIV2 .f'_G~E2'1ENT - DECEMBER 31, 2019

RULE 20 Miscellaneous

RULE 20.1 S ocker a un t

RULE 20.2 ny w any material i n;r conditions or alterations in oond ti of emplo of a permanent nature and be prepared t discuss same with the employees. The Company agrees to ab the Canada Labour Code with respect to technological anges.

RULE 20.3 Comrnunication It is recognized that the use of cormnunication systems, incl ng the use and carrying of portable radios, is a part of the duties of emp oyees covered by this Rule. Each two person crew shall be supplied with a portable radio and separate frequencies utilized to the extent hat such frequenci s are a ilab ea pra ticable.

loyees wi 1 be respons le for the to radio . When it has be n 1 the loss or damage is due to the part of the employee, t may di c plinary ction.

RULE 20.3.1 The ny will offer to all empl yees covered this reement, the use of a chest or hip rad o holster.

RULE 20.4 When the ny offers a position under another agreement to a member and the member voluntarily accepts, the member wi 11 be considered to be on an authorized leave and still maintain· seniority under this agreement. The Company reserves the right to return the member to their original position as required to accorr~odate business conditions and requirements.

RULE 21 Agreement

RULE 21.1 Settlement of all Issues: This Agreement is in full sett ement of all Collective Agreement issues raised by either party.

RULE 21.2 Previous Ruli s: This Agreement supers s a prev ous Agreements, rulings, practices and interpretations which are in conflict with it, and shall continue in effect until December

- 30 - JA!::ruARY 1. 2017 - DECEM3Ert 31 2019

f

ember 30, 2019.

RULE 21.3 reerr.ent or January 1, prov herein, ands rsedes all previous reernents .. It will remain n ef feet until December 31, 2019, a thereafter until revised or superseded, subject to ninety ( 0) days' notice in writing from either party to the reement of desire to revise, amend r terminate it. Such notice may be served at any t subse to September 30, 2019.

RULE 21.4 Retroactive Features: The retroactive features of this Agreement cover only those employees on the active payrol sixty ( 60) days prior to the date f signing, retirees ed.

RULE 21.5 Any s ion of nterpretat on ar se will be a ust the irperson the Superintendent or designated official r if necessary with the President or his designate.

RULE 21.6 Violation of reement: Conductors/Brakemen may on the r own behal cal the attention of Management to any vio ation of this reement, and if necessary their representatives will refer such matters to the Superintendent.

Signed for:

THE ESSEX TERMINAL THE TEAMSTERS CANADA RAIL

Superintendent

Robert Thornton

Local Chairman

Dated this 2017 - 31 - CONDUCTO?,.S A.../\iLl ER_.:;.KEf:.,fEN COLLECTI\·"E AGREEMENT J~2''DARY 1, - DECEMBER 31, 2019

Letter of Undertaking Addit 1 r

In i stances, t has been termined by he ompany, hat they require an additiona he r on an assignment, the may utilize an emp oye from the re Board to assis a regular crew, or crews, as deemed necessary.

Such employee shall be referred to as a Roving He per and can be used on more than one rew during their working hours. The rates of pay and working conditions shall be the same as hat f a Brakeman.

Such employee shal no be used as an additional crew member, but so e y t ssist the regular ass rew, or crews.

He per not start t the same as the regu ar assi will they automatically finish t the same t in which hey were used on.

f such emp oye is cal fo a rew on which another emp oyee

has booked l k, in t • f will then be n idered that of w due to he employe 's s rest, 0 overt provis on of the ctive nt.

It is the ny' s option to dete ne whether they wish to order a spare employee in such circumstances, or to utilize the ng He r.

Teresa Vice President

Dated this 2017

- 32 - CONDUCTORS JA:!:,ul'-"-Y 1

Letter of Undertaking Fa st ti Overt ~

\i7i h n t straints f ex sing Coll ctive reements nd established past practice, the ny will endeavour to ensure t fair distribution f overt t Teamsters Canada Rail Conference members. The ny is willing to meet with a representative f the Teamsters Canada Rail Conference within he closed period of the Collective Agreements to determine if there is a comp se ac able to both parties.

u Vice President

Dated at Windsor, this day of

- 33 - BR.J\KEMEN COLLECTIVE AGREEt1ENT - DECEMBER 31,

"C

Letter of Undertaking Off

Where Teamsters Canada Rail Conference r is lad- ff and tempora or part-t v1ork be omes e for which t r qualifies, t member will be given the opportunity to apply for the position at the established rate and tions for that p sition.

Teresa Vi President

Dated this ---~~..----, 2017

- 34 - BR/1-_-

JA.t.'-l-;JP._RY 1 , 201 - DECEMBER 31 1 2019

"D"

Crews Working at Arnherstburg

The fo lowing is agreed by the Unions and the Company ith regards to r switching at Amherstburg.

Note: The terms a conditions of the Col ect reement shall apply unless as otherwise ified herein.

A reduced crew consi ting of one (1) engineer and one (1) conductor will be used on any Amhers rg work. The work will be limited t pulling and delivering cars to/from Ojibway and Texas Yards, switching Honeywell, ageo, AES as required. Additional work will require a third person to be called (i.e. including but not 1 imi to pul ng inter s, and swi t ing other ustomers) and the rew will operate ike any other ful crew (foreman and helper) If a fu rew s alled t re are no work restrictions.

ineers wi 1 be required to per rm daily safe y pre-start inspection.

The star i ng oca ti on of this rew may to accornmoda te and/or ETR business requirements. Mileage will be re at the rate of $12 per shift for all employees starting at a location other than Lincoln Road.

An Amherstburg/Hiram Walker Rotary Board will be established for all ETR employees wishing to work at Amherstburg. The board will rotate having employee's turns pla at the bottom of the board after working or missing a call. Calls for the Rotary Board will be made in classification order (Yardmaster~ Engineer, Trainman). After the positions have been filled, the employees who have accepted, missed or refused a call for a position will be dropped to the bottom of the Rotary Board in rotation order. Employees called from the Rotary Board will be paid a minimum of four (4) hours at overtime rate and at scheduled rates for hours worked in excess of 4 hours. Any work performed off the Rotary Board will not qualify as a shift worked for the purpose of overtime on the 6 and subsequent shifts in a work week. Employees called from the Rotary Board will maintain their standing on the ETR Spare or Rotary Board.

When a cal is made to an employee from the ETR Spare or Rotary Board for ETR work, the employee cannot decline the ETR work in preference for the Amherstburg work. If the ETR work is declined, the Amherstburg work will be considered declined and

- 35 - uuLrur,,,, F.}lD B:LA.. I{EM:EN COLLECTIVE AGF.EEME.'.NT 7 - DECEMBER 31, 2019 r

It is it r part r of reerrLen_t as pre r as i ; l Y a ssi s r s by rty.

Si for:

THE ESSEX TERMINAL THE TEAMSTERS CANADA RAI RAILWAY COMPANY

Vice President General Chairman

Ivan r General Yardmast r Vi General Chairman

Robert rnton Local Chairman

Dated this

- 36 - CONDUCTORS ER..AY..E~N COLLECTI'~ AG,tEEf,!£t'11'

Jll.NLTA...::ZY 1 1 20 - DECEJ;.fBER 31 r 2019

Appendix "E

Crews Working At Hiram Walker

The fo owi g is agreed the any and t Union with regards to rews working at "Hiram Walker".

Note: The terms and tions of the Collective Agreement shall apply unless as otherwise modified herein.

A reduced crew consisting of one(l) engineer and one(l) tor may be used when switching is required at Hiram Walker.

The work wil be l ted to switching the Hiram Waker plant and puling and/or delivering Hiram Walker cars to/from the East Yard as required. Additional work, such as switching other customers will requir a regular crew be called off the spare and/or rotary board.

When a three (3) person crew is required to retrieve Hiram Walker rs off he inter and they a on y doing Hiram Walker work, the crew wi 11 be called off the Amherstburg/Hiram Wa ker Rotary Board at a min of four (4) hours at rtime rate. A Yardmaster called in for Hiram Walker work, w 11 be paid min four (4) hours at overtime rate.

An Amherstburg/Hiram Walker Rotary Board will be established for all ETR employees wishing to work at Hiram Walker. The board will rotate having employee's turns placed at the bottom of the board after working or missing a call, Calls for the Rotary Board will be made in classification order (Yardmaster, Engineer, Trainmen). After the positions have been filled, the employees who have accepted, miss or refused a call for a position will be dropped to the bottom of the Rotary Board in rotation order. Employees called from the Rotary Board will be paid a minimum of four (4) hours at overtime rate and at scheduled rates for hours worked in excess of 4 hours. Employees called from the Rotary Board will maintain their standing on the ETR spare or rotary board.

When a call is made to an employee from the ETR Spare or Rotary board for ETR work, the employee cannot decline the ETR work in preference for the Hiram Walker work. If the ETR work is declined, the Hiram Walker work will be considered declined and

- 37 - COt-IDUCTORS 1\..N"'D BR..h.Y£MEN COLLECTI\lE AGREEMENT J~J:,FJA__qy l, 2017 - DECEH:SER 31 2019

f t are or ar

l for:

THE ESSEX TERMINAL RAILvvAY COMPANY

Vice President

Ivan Pratt Paul Boucher Superintendent Vice General Chairman ~/ //0~ Robert Thornton Local Cha rman

Da ed r - ' this of 0

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