Collective-Agreement-375.Pdf

MONTREAL

COLLECTIVE AGREEMENT

between

THE MARITIME EMPLOYERS ASSOCIATION

and

LE SYNDICAT DES DÉBARDEURS C.U.P.E., Local 375 Montreal Longshoremen

(Expiration date: December 31, 2018)

N O T E

THIS TRANSLATION BY THE MARITIME EMPLOYERS ASSOCIATION IS NOT AN OFFICIAL DOCUMENT.

FOR PURPOSES OF INTERPRETATION OR FOR ANY OTHER LEGAL MATTER, THE FRENCH VERSION IS THE ONLY OFFICIAL DOCUMENT.

I N D E X

ARTICLE PAGE

1. Recognition and Jurisdiction ...... 1

2. Purpose of the Agreement ...... 5

3. Management's Rights ...... 6

4. Discipline ...... 7

5. Grievance and Arbitration Procedure ...... 9

6. Principle of Seniority ...... 12

7. Producing Lists & Call Procedures ...... 13

8. Dispatching Procedures ...... 16

9. Manning and Deployment ...... 23

10. Efficient Methods of Operation ...... 29

11. Health & Safety ...... 30

12. Rest & Waiting Rooms ...... 37

13. Job Security and Hiring of Employees ...... 38

14. Hours of Call & Work Periods ...... 41

15. Job Security Plan ...... 50

16. First Reserve Pool ...... 55

17. Statutory Holidays ...... 57

18. Pension and Welfare ...... 58

19. Classifications and Training ...... 61

20. Winter Guarantee ...... 67

21. Payroll ...... 69

22. Linesmen ...... 71

23. Annual Vacations ...... 75

24. Particular Working Conditions ...... 80

25. Prohibition against Strikes, Lock-Outs and Slowdowns ...... 82

26. Technological Change – New Operations, New Working Methods ...... 83

27. Walking Bosses ...... 84

28. Maintenance Employees ...... 85

29. Personal and Occupational Injuries ...... 90

I N D E X (cont'd)

ARTICLE PAGE

30. Dispatch of the workforce ...... 92

31. Shipliners ...... 93

32. Deduction of Union Dues ...... 94

33. Wages ...... 95

34. Duration of the Collective Agreement and Interim Provisions ...... 96

APPENDIX “A”

List of employees covered by job security – Group I ...... 98

List of employees covered by job security – Group II ...... 104

List of employees acceding to job security after the signing of the collective agreement – Groups III and IV ...... 104

List of employees covered by the job security plan for maintenance employees (R.S.E.H.E.) ...... 105

APPENDIX “B” List of employees of the first reserve pool ...... 106

List of employees of the second reserve pool ...... 107

List of employees of the reserve pool for maintenance employees ...... 107

APPENDIX “C” Wage rates in force for the years 2013, 2014, 2015, 2016, 2017 and 2018 ...... 108

APPENDIX “D” Supplementary unemployment benefits for employees members of Local 375 of the Canadian Union of Public Employees ...... 112

APPENDIX “E” Employee Assistance Program ...... 115

APPENDIX “F” Interim provisions ...... 117

APPENDIX “G” Discipline Code ...... 120

APPENDIX “H” Conditions relative to the application of voluntary leave ...... 122

LETTERS OF INTENT NO. 1 TO 22 ...... 123

ARTICLE 1

RECOGNITION AND JURISDICTION

1.01

The Maritime Employers Association recognizes the Union, the Syndicat des Débardeurs, C.U.P.E., Local 375, hereinafter called the Union, as sole bargaining agent and sole representative for the employees covered by the geographic certification issued by the Canada Industrial Relations Board.

1.02

The Syndicat des Débardeurs, C.U.P.E., Local 375 recognizes the Maritime Employers Association, hereinafter called the M.E.A., as the sole bargaining agent and the sole representative of the companies.

1.03 a) Within thirty (30) days of the signing of the collective agreement, the Union shall advise the M.E.A. in writing of the names of its business agents and members of its Grievance Committee. Management recognizes the right of the Union to nominate or select a president, a vice-president, a secretary-treasurer, business agents, a secretary-archivist, a Union health and safety adviser, a Union information adviser, a Union training adviser, a Union adviser for area delegates, a representative in health and safety prevention and a technical consultant from the Canadian Union of Public Employees and agrees to recognize each of these persons, as well as their replacements, for purposes of administering the present collective agreement. However, it is understood that in the execution of their duties, these persons must not interfere in the companies' right to determine and direct their operating methods and procedures in conformity with the provisions of this present collective agreement.

The M.E.A. agrees that Union representatives may be absent due to Union activities, as long as the M.E.A. is so advised at least two hours and thirty minutes before the beginning of the phone dispatch period described in Article 8.04. b) The M.E.A. and its member companies agree to give access to Union representatives and their vehicles to the sites, buildings, installations and ships under their responsibility or jurisdiction in order to allow them to fulfil their responsibilities in accordance with this collective agreement.

Union representatives will identify themselves by carrying a standardized identity card.

When a vehicle travels on company property, the union representative must activate the vehicle’s flashing light in accordance with regulations.

The M.E.A. and its member companies agree to inform their respective representatives and Port of Montreal authorities (security and police).

No clause of this collective agreement must be interpreted as allowing any member of the Grievance Committee or any other officer of the Union to give orders to foremen or to employees relative to their work. The M.E.A. nor any of the companies as well as the Union will adopt any directive, regulation or resolution which is contrary to the provisions of this collective agreement. c) The original French version of this collective agreement is recognized by the parties as being the only official one; it is also agreed by the parties to recognize the French language as the sole official language in their written communications.

Management recognizes French as the working language. d) The M.E.A. grants to the Union a bank of three thousand two hundred and fifty (3,250) credit hours for each calendar year and these will be used by the Union for educational or training activities.

To this end, the Union will advise the M.E.A. at the latest the day preceding the day or days covered by said request when it wishes to use the credit hours remunerated by this bank, and this at least two hours and thirty minutes before the beginning of the phone dispatch period described in Article 8.04. The Union will give the name of each employee and the length of his/her absence.

The M.E.A. will give monthly statements to the Union indicating the balance of credit hours in said bank.

1.04

The collective agreement applies to all persons employed and dispatched pursuant to the terms of this collective agreement for the performance of work under the control of Management, in connection with the loading/unloading of ocean and coastal vessels within the whole of the geographic territory of the Port of Montreal.

1.05

Subject to Article 1.07, no person other than those included in the bargaining unit shall have the right to perform any work which is covered by said bargaining unit. Nevertheless, a piece of equipment being demonstrated may be operated by an employee of the company that manufactures or sells the equipment to an employer in the port.

1.06

The parties recognize that the longshoremen, members of the Union, are assigned to work covered by this collective agreement exclusively to employers who are members of the Maritime Employers Association.

1.07

a) When all available employees covered by job security and whose names appear in Appendix "A" have been assigned, employees available in the first reserve pool followed by the available employees who are members of the second reserve pool and whose names appear in Appendix "B" may then be assigned.

b) If all the aforementioned available employees have been assigned, the employer may then assign through the hiring hall the required employees from the list of trainees supplied by the Union.

c) If all the aforementioned available employees have been assigned, the employer may then assign to work, through the hiring hall, the persons from the availability list supplied by the Union who have the authorization to seek available work.

d) If all the aforementioned available employees have been assigned, the employer may then assign to work, through the hiring hall, the required manpower by giving immediate notice to the union.

1.08

This collective agreement is applicable to the walking bosses and foremen employed by the companies on the understanding that the Union shall not enact any directive or regulation which might subject walking bosses and/or foremen to any penalty or sanction as a result of any act committed in the performance of their duties.

1.09 a) When the work hereinafter mentioned is required by Management and is under its control, such work must be performed by members of the Syndicat des Débardeurs, C.U.P.E., Local 375 subject to the provisions of Articles 1.05, 1.07, and 1.10:

The loading and unloading of cargo aboard a ship, including bulk cargo; the handling of cargo to be loaded aboard a ship and/or to be unloaded and/or that has been unloaded from a ship, including the following work and operations:

1. work involved in laying-down, if necessary, in lashing/unlashing, fixing or lashing cargo on deck or in the ship's holds, including transporting, loading, unloading and handling of the material and equipment needed for the aforementioned work aboard ships;

2. handling of dunnage material used in loading operations, on the ship, on its decks, in its holds, as well as the dismantling of such material when required to unload the ship; the handling and installation for stockpiling cargo on the dock, in sheds and on sections;

3. sweeping and picking-up of debris aboard ship, on its decks and in its holds;

4. covering, lashing and stowing of cargo aboard a ship, on its decks and in the holds, when the ship is docked;

5. transporting stevedoring equipment, gear and fuel;

6. making, installing or dismantling of temporary wooden separations in the ship's holds and temporary wooden cat-walks aboard a ship;

7. all work related to loading/unloading, and stowing of cattle and scrap, as well as the necessary cleaning for these cargoes;

8. all work related to loading, transferring from one ship to another, the stevedoring of grain, the installation of fittings and tarpaulins to separate grain;

9. elevator operations on Ro-Ro ships only when loading or unloading cargo from the ship;

10. loading and unloading of passengers' baggage when handled in the hold of the ship, including when a conveyor belt is used, its installation and its operation; the transportation of passengers' cabin baggage between the deck of the ship and the dock (and vice-versa), that is not done by passengers, must be performed by longshoremen;

11. making, repairing and installing of wooden benching;

12. erecting and dismantling of temporary wooden catwalks;

13. handling, shifting, loading/unloading of containers aboard a ship, in its holds and on its decks, on the dock, on sections or in sheds; the stuffing/stripping of containers in any of these areas, which includes the following work and operations:

- lashing/unlashing, fixing or securing cargo inside a container;

- lashing/unlashing containers aboard a ship;

- preparing railcars to receive containers;

- loading and unloading containers on railcars;

14. loading, unloading and lashing railcars ;

15. loading and unloading trucks at the tailgate level;

16. loading and unloading of railway cars using equipment of a capacity of twenty-five (25) tons or more, including mobile cranes;

17. handling, piling, shifting, lashing of cargo in sheds, on sections, on the dock, on the ship, its decks and holds and in containers, subject to the provisions of Article 1.11;

18. strapping of cargo aboard ship, its decks and holds, on the dock, on the sections or in sheds, subject to the provisions of Article 1.11;

19. bagging of cargo to be loaded aboard ship or that was unloaded from a ship (including when bagging is performed aboard ship);

20. handling of ships' lines which stevedoring work is covered by this collective agreement;

21. cleaning and manual sweeping of garages, sheds and sections, including the gathering of wood and debris;

22. maintenance, including preventive maintenance of stevedoring equipment that belongs to the employer. However, Management has the right to sub-contract maintenance and repair work, at its discretion, in accordance with Letter of Intent #16. Once the committee has completed its study, the committee's recommendations will prevail;

23. removal of snow from containers; operating equipment belonging to the stevedoring company when used to remove snow will be performed by longshoremen;

24. operating any piece of equipment belonging to the employer to perform work covered by this collective agreement. Management agrees to use qualified labour covered by this collective agreement for the operation of any piece of equipment rented to one of its members when the lessor agrees that the machinery may be operated by the lessee's employees, in accordance with Letter of Intent #16. Once the committee has completed its study, the committee's recommendations will prevail;

25. nevertheless, when regular use of leased trucks for the transportation of cargo within a terminal for the purpose of loading/unloading of ships, Management will use qualified labour covered by this collective agreement for the operation of these trucks, except in the case of specialized trucks, in accordance with Letter of Intent #16. Once the committee has completed its study, the committee's recommendations will prevail;

26. all work consisting in checking, measuring, marking, stowing related to coastal cargo, including coopering work.

27. all work related to the loading, unloading and handling of salt, sugar and coal;

28. all work related to the loading and unloading of scrap metal;

29. handling, moving, loading and unloading of bulk cargo in a ship, its holds and decks, on the dock, on sections, in railcars or in sheds;

30. signalmen when loading, unloading a self-unloading ship;

31. the inspection of containers. b) The parties agree that the following work is not covered by the present agreement:

washing and cleaning of ships' holds carrying bulk; cleaning of large tanks using chemical products, also any cleaning using specialized equipment such as the "Butterworth System"; operating all rented equipment unless otherwise specified; loading/unloading and handling of ship stores and supplies which are to be used by the ship, by crew members or by passengers; unloading goods from trucks when said goods are to be used aboard ship; c) It is understood that employees of the bargaining unit cannot claim work or positions that are not included in Article 1.09(a) through the arbitration procedure described in Article 5, unless otherwise specifically required by an employer. However, the foregoing does not prevent the Union from petitioning the Canada Industrial Relations Board; d) i) the M.E.A. agrees to discuss any issue concerning the application of Article 1 through the Joint Labour Relations Committee;

ii) Moreover, the M.E.A. agrees to discuss, through the said Joint Committee, any issue concerning the loading and unloading of cargoes not under the jurisdiction of the Union but which might so become; in case of disagreement, the parties will petition the Canada Industrial Relations Board.

1.10

The provisions of Article 1.09 do not apply when other Unions or Locals are certified to perform said work, in whole or in part. Should there be some dispute on this subject; the parties will petition the Canada Industrial Relations Board for a decision.

1.11

It is agreed that strapping of ocean cargo performed on the dock will not be performed by members of the Union, except when it involves lashing cargo on "Mafis" flats, lashing in containers and pre-slung cargo.

ARTICLE 2

PURPOSE OF THE AGREEMENT

2.01

The purpose of this collective agreement is to promote harmony and cooperation in the relationship between the companies, the M.E.A. and the Union, to improve the working environment, ensure the protection of property and establish working conditions to be observed by all parties, providing justice and safety to all concerned.

Moreover, the parties will ensure that the M.E.A. and its members, the Union, its representatives and members may fulfil their respective responsibilities in complete freedom.

2.02 In applying the present collective agreement, neither the employer, nor the Union, nor their respective representatives, will threaten, constrain or discriminate against any person by reason of his or her race, colour, nationality, social background, language, sex, pregnancy, sexual orientation, marital status, age, religious beliefs or lack thereof, political opinions, handicap, family ties, parental situation, situation of a person who has been granted a pardon (following a conviction) or prevent that person from exercising his or her right relative to the present collective agreement or the law.

There is discrimination when such distinction, exclusion or preference in connection with the aforementioned motives results in destroying, compromising or restricting a right which that person enjoys relative to the present collective agreement or the law.

Notwithstanding the preceding statement, a distinction, exclusion or preference based on aptitude or qualities required to perform the tasks of a position is not considered discriminatory.

ARTICLE 3

MANAGEMENT'S RIGHTS

The Union recognizes that the companies have the right to manage and operate their installations, their machinery and their equipment, to conduct their operations as they see fit, and the M.E.A. has the right and power to maintain order and discipline, all of which subject to preserving the health and safety of the employees as long as it is in compliance with all the provisions of this collective agreement and applicable laws. The M.E.A. agrees to discuss all issues concerning labour relations and working conditions through the Joint Labour Relations Committee.

ARTICLE 4

DISCIPLINE

4.01

The Union agrees that it will not uphold incompetence, shirking of work, absenteeism, pilfering or broaching of cargo, drinking of alcoholic beverages on the job or reporting for work under the influence of alcohol or prohibited drugs. Moreover, the Union will uphold health and safety provisions. An employee may be discharged or otherwise dealt with as the M.E.A. may see fit, for committing any of the above offences or for any other just and sufficient cause (see Appendix "G" - Discipline Code), but a claim by an employee that he has been discharged or disciplined without just and sufficient cause may be the subject of a grievance.

Notwithstanding the foregoing, the parties agree to collaborate in seeking solutions to social problems such as those brought about by alcoholism or drug abuse and favours an approach of help and support for those employees facing such problems and this in accordance with the agreement contained in Appendix "E" of this collective agreement.

4.02

Disciplinary sanctions against an employee resulting in dismissal or suspension may be resolved by ratifying the M.E.A.'s decision or, as the case may be, by following the procedure stipulated in Article 4.04, or by restoring the employee to his former position with full compensation for all time lost or by any other arrangement which is considered just and equitable by the parties, or by the arbitrator's decision.

4.03 a) In order to reduce the disciplinary sanctions concerning dispatch procedures, the employer agrees to communicate with the Union so that the latter may submit to the employer, within twenty-four (24) hours, the basis for the grievance.

Any disciplinary sanction must be decided and communicated by the M.E.A. The facts and reasons for this sanction must be communicated in writing, by mail, to the employee in question and to the Union, by fax, within ten (10) working days following the discovery of the infraction; otherwise the sanction shall be deemed void. However, the facts and reasons for a suspension of one (1) week or more, for a dismissal, for an administrative dismissal, or for a demotion, must be communicated in writing to the employee in question and to the Union, by registered mail, within ten (10) working days following the discovery of the infraction; otherwise the sanction shall be deemed void.

If the Union or the employee challenges the decision, they must formulate a grievance in accordance with the procedure provided for herein. b) Any disciplinary sanction related to dispatch, except the disciplinary sanctions mentioned in paragraphs c) and d), will take effect only after the arbitrator's decision or after an agreement between the parties, as the case may be. c) i) Before imposing a suspension of one week or more, a dismissal, an administrative dismissal, or a retrogradation, the employer will advise the Union and the employee of its intention.

ii) Before any sanction takes effect, a meeting must be held within five (5) working days between the employer's representative, the Union and the employee involved.

iii) The final decision must be communicated to the employee and the Union by registered mail within five (5) working days following the meeting mentioned in the preceding sub-paragraph ii).

iv) When an employee is summoned to a meeting in accordance with paragraph ii) of this article and is subsequently suspended, the day of the meeting will be counted as one of the days of suspension.

d) In cases involving sabotage, robbery or grievous assault, the procedure stipulated in the preceding paragraph c) will apply and the employee may be suspended without pay until a final decision has been taken. e) In order to apply the provisions of this collective agreement, the expression "working days" excludes:

- the period from the beginning of the day shift on Saturday to the end of the night shift on Sunday;

and

- the period from the beginning of the day shift of the statutory holiday to the end of the night shift of the statutory holiday.

4.04

The sanctions mentioned in the Discipline Code (Appendix "G") constitute the maximum penalties applicable. The grievance arbitrator has jurisdiction to render any decision he considers just, in accordance with the prevailing circumstances. He may maintain, modify or cancel the disciplinary sanction decided by the employer.

4.05 a) Disciplinary sanctions related to dispatch or to "leaving work without permission" shall be removed from the employee's file on December 31 of the current year. b) Disciplinary sanctions related to drunkenness and to being under the influence of prohibited drugs shall be removed from the employee's file on December 31 of the current year. c) All other disciplinary sanctions related to other disciplinary measures shall be removed from the employee's file at the expiration of the collective agreement.

ARTICLE 5

GRIEVANCE & ARBITRATION PROCEDURE

Any dispute with respect to the application or interpretation of this collective agreement constitutes a grievance under the terms of this collective agreement. Such grievance will be filed and settled in accordance with the following procedures:

5.01 FIRST STAGE – COMPLAINT OR GRIEVANCE a) Any complaint by one or more employees or by the Union is communicated as quickly as possible to a representative of the employer or of the M.E.A. b) Management Grievances

The provisions of this article apply "mutatis mutandis" to grievances filed by management.

5.02 SECOND STAGE – FILING A GRIEVANCE a) If the grievance is not settled to the satisfaction of the parties following the first step, the Union will have to file a grievance in writing delivered either by hand or by fax within ten (10) working days following the event, to the authorized representative of the M.E.A. in the port. For disciplinary sanctions, the time limit only begins from the moment the Union receives notice of the sanction. Any complaint where the knowledge of the event is linked to receiving wages may become the subject of a grievance within ten (10) days of receiving said wages. b) The Union must send to the M.E.A. confirmation of grievances sent by fax within seven (7) days. The cover page of the fax must indicate the number of the grievances included in said fax. c) The grievance must include the following information:

- the dates, hour and place, if required, where the dispute took place;

- also indicated, when possible, the name of the employer’s representative with whom a discussion was held at the time of the dispute;

- a brief summary of the dispute leading to the grievance.

5.03 THIRD STAGE - GRIEVANCE COMMITTEE

The parties agree to form a Grievance Committee composed of representatives of each party (M.E.A. and Union); a) The Grievance Committee will meet at least twice a month to discuss and try to settle all outstanding grievances, except during the months of July and August. Grievances are usually discussed according to their numerical and chronological order at the first meeting and according to the order established by the parties during subsequent meetings. Grievances relative to discipline will be discussed separately and alternately with the other types of grievances. Grievance committee meetings are held on dates agreed to by the parties. b) When the parties consider it advisable, a representative from a company involved in the grievance being discussed may be asked to participate in the grievance committee meeting. c) In order to quickly settle grievances, either party may be joined by reference persons if they so desire. d) At this stage, a grievance may be discussed at a maximum of three (3) meetings.

5.04 ARBITRATION a) Unresolved grievances

i) The committee also has the mandate to settle any unresolved dispute at the third stage.

ii) In order to do so, the M.E.A. asks a representative of the company involved in the unresolved grievances to participate in the meeting.

iii) The Committee must meet with the latter the first Wednesday of each quarter or at any other date agreed to by the parties, except for the summer months (three times a year), to discuss unresolved grievances. b) Should the dispute remain unresolved at one of the preceding stages, each of the parties may submit the grievance to arbitration. c) Content of Submission

The party wishing to refer a grievance to arbitration must state the matter in dispute and must send the notice of submission to the other party. d) Time limit

The party referring the grievance to arbitration must submit said grievance to an arbitrator within 60 days following the last meeting when the grievance was discussed and give a copy of this notice to the other party.

Any grievance that has not been settled or referred to an arbitrator after a period of six (6) months in accordance with the provisions of this article will necessarily be transferred to an arbitrator or to arbitration by way of a simplified procedure or withdrawn.

5.05 GRIEVANCE ARBITRATORS

The arbitrators are François Hamelin, Claude H. Foisy, Marcel Guilbert and Harvey Frumkin. Grievances will be referred to them in turn.

In the event it is impossible for the designated arbitrators to act, another arbitrator will be selected by the parties or, failing which, by the Federal Minister of Labour.

5.06 JURISDICTION OF THE ARBITRATOR

The arbitrator has jurisdiction to decide on all questions related to the interpretation or to the application of the present collective agreement, as well as to the methods of application and execution of an arbitration decision, but he is not authorized to modify, add to, or delete from or amend any part of this present collective agreement.

Concerning disciplinary sanctions, the arbitrator has jurisdiction to cancel or modify any management decision. He must take into account all the circumstances in the case, as well as the frequency and the seriousness of the deemed infraction.

5.07 FINAL DECISION

The arbitrator's decision is final and binding for both parties.

5.08 WORKING CONDITIONS DURING THE PROCEDURE

Pending settlement of a dispute in accordance with the arbitration procedure, employees will work as instructed by the companies, subject to the provisions contained herein dealing with health and safety and the various applicable laws.

5.09 ARBITRATION – SIMPLIFIED PROCEDURE

This procedure is used when the matter in dispute in the grievances is simple and well established and regarding which the disclosure of the evidence will be of short duration.

i) By mutual agreement, the parties may submit one or more grievance to arbitration in accordance with the simplified procedure;

ii) When choosing this formula the parties will not use outside resources to plead these grievances;

iii) The time limits for the simplified procedure are the same as those described in paragraph 5.04 d) above.

When this procedure is used by the parties, the services of the firm Service d’arbitrage accéléré Inc. will be used.

5.10 ARBITRATORS' HONORARIUM

Honorarium and costs related to arbitration will be equally divided by the parties.

ARTICLE 6

PRINCIPLE OF SENIORITY

The M.E.A. acknowledges the seniority standings indicated at Appendix “A” as well as the revised seniority standings supplied by the Union at the beginning of each year.

The seniority standing of an employee who is absent at the signing of the collective agreement, or is on an indeterminate or determinate leave of absence subsequent to an illness, an accident that is not work related, a work-related accident or an occupational illness, or an authorized absence, retains his seniority as if he had always been at work.

An employee loses his seniority when he is dismissed for just and sufficient cause or when he leaves voluntarily his position or for any of the other reasons listed at Article 13.03.

ARTICLE 7

PRODUCING LISTS & CALL PROCEDURES

7.01

Before noon every Wednesday, the M.E.A. will provide the Union with the following dispatch lists for employees covered by the job security plan as well as for gangs:

A) Weekends and statutory holidays dispatch lists according to the provisions of Article 17 established as follows:

i) employees restricted to a daytime assignment only (special shift at 6:00, 07:00, 8:00, 12:00 or 13:00) for a statutory holiday occurring Monday to Friday;

ii) hours worked and offered, exclusively on Saturdays, Sundays and statutory holidays, for all employees, excluding the hours worked on a voluntary basis;

iii) seniority standing.

B) Weekday dispatch lists:

i) Dispatch sequence for employees restricted to a daytime assignment

a) cumulative hours advanced and used to determine the level of guarantee of each employee, as stipulated in Article 15, or Article 20, as the case may be. Assignment preference for employees restricted to daytime assignments only (special shift at 6:00, 07:00, 8:00, 11:00, 11:30, 12:00 or 13:00) is given to those who have accumulated the greatest number of hours;

b) seniority standing;

ii) Dispatch sequence for employees not restricted to a daytime assignment

a) The aforementioned list will include the cumulative assignments worked and offered on the 15:00, 15:30, 16:30, 17:00 and 23:00 shifts, as stipulated in Articles 14.03 and 14.04. Assignment preference for employees assigned at the special shift at 6:00, 7:00, 8:00, 11:00, 11:30, 12:00 or 13:00 will be given to those who have accumulated the most assignments on the 15:00, 15:30, 16:30, 17:00 and 23:00 shifts, subject to the priority of employees restricted to a daytime assignment only (special shift at 6:00, 7:00, 8:00, 11:00, 11:30, 12:00 or 13:00). Assignment preference for employees assigned at 15:00, 15:30, 16:30, 17:00 and 23:00 will be given to those who have accumulated the least number of assignments on those shifts.

b) seniority standing;

C) Weekday dispatch lists for gangs assigned to the loading and unloading of conventional cargo

i) the aforementioned list will include cumulative assignments worked and offered on 15:00, 15:30, 16:30 and 17:00 shifts (4-hour assignments - coastal operations), as stipulated in Articles 14.03 and 14.04. Assignment preference for gangs assigned at 7:00 will be given to those who have accumulated the most assignments on the 15:00, 15:30, 16:30 and 17:00 shifts (4-hour assignments - coastal operations). Assignment preference for gangs assigned at 15:00, 15:30, 16:30 and 17:00 (4-hour assignments - coastal operations) will be given to those who have accumulated the least number of assignments on those shifts.

ii) the gang's priority as established between the parties.

D) Weekend and statutory holidays dispatch lists according to the provisions of Article 17 for gangs assigned to the loading and unloading of conventional cargo

i) for all gangs, the aforementioned list will include the hours worked and offered, exclusively on Saturdays, Sundays and Statutory Holidays;

ii) the gang's priority as established between the parties.

E) For the purpose of implementing paragraphs 7.01 B) ii) and 7.01 C) i), calls for the 2nd and 3rd shifts from Monday to Friday, except for statutory holidays, are counted and listed on a weekly basis; a four (4) hour call will count for 0.5 of an assignment, a call for a 2nd shift will count for a 1.0 assignment and a call for a 3rd shift will count for 1.0 assignment.

7.02 a) Work is assigned based on the aforementioned lists, taking into consideration classifications and the provisions of Article 14.06; b) Furthermore, in the case of shift work, the following rules apply:

1. Assignments for work mentioned in Articles 14.03 and 14.04 will be given in the following sequence: special shift at 6:00-07:00-8:00, 11:00-11:30-12:00-13:00, when applicable, 15:00-15:30-16:30, 17:00 when applicable and 23:00;

2. For dispatch purposes and the resulting compilation of hours of work and non- availability, the day will start at the beginning of the day shift and will end at the end of the night shift the next day;

For the purpose of implementing the preceding paragraph, the special shift beginning at 6:00 will be considered as beginning at 7:00.

3. Compilation of hours worked or offered, according to the list mentioned in Article 7.01(A) for employees working on shifts, as well as in Article 7.01 D) for gangs working on shifts, will be for the period starting at the beginning of the day shift on Saturday and ending at the end of the night shift on Monday and for the period starting at the beginning of the day shift on a statutory holiday and ending at the end of the night shift the next day;

4. On weekdays, except weekends and statutory holidays, employees required in their primary classifications will be assigned so as to ensure that there is an equitable distribution of these employees for each work period and this on the basis of the number of employees required for each of said periods.

Moreover, in order to respect proportional dispatching, companies will not order “general” classifications such as OLETR, OTRTR, OTUGM and others, when there are already specific classifications at said companies.

5. On weekdays, except weekends and statutory holidays, employees required in their secondary classifications as truck drivers or manual labour are assigned in the following order : 15:00-15:30-16:30, 17:00, 23:00, 06:00-07:00-08:00, 11:00-11:30-12:00-13:00.

6. Employees with a primary classification as mobile crane operators cannot be assigned on the 23:00 shifts, except as mobile crane operators.

7.03 a) Before the beginning of each seasonal job security period mentioned in Articles 15 and 20, employees covered by job security (Appendix "A"), who are not part of gangs, will be divided into three (3) equal groups (week 1, week 2, week 3) according to their primary classification. On a weekly basis from Monday to Friday inclusively, each group in turn may only be assigned to day shifts (special shift at 6:00, 7:00, 8:00, 11:00, 11:30 12:00 or 13:00) with the applicable extensions, as the case may be. This group will have assignment priority during the day shift of the day in question and will not be available for assignments during the weekend following said week.

b) Before the beginning of each seasonal job security period mentioned in Articles 15 and 20, gangs handling conventional cargo will be divided into three (3) equal groups (week 1, week 2, week 3). On a weekly basis from Monday to Friday inclusively, each group in turn may only be assigned on a day shift (7:00, 11:00, 11:30 and 12:00) with extensions that apply, as the case may be. This group will have assignment priority during said day shifts and will not be available for weekend assignments following said week. c) Employees will only be assignable for shifts beginning at 6:00, 7:00, 8:00, 11:00, 11:30 12:00 or 13:00 on the Sunday preceding the week when they are assigned on day shifts.

7.04

Subject to Article 7.03, all employees covered by job security, as well as employees in the first reserve pool, must be available from Sunday to Saturday inclusively, and must telephone the dispatch centre or consult the M.E.A.’s website under the application “assignment broadcast” during the prescribed hours of call.

Notwithstanding the preceding paragraph, only the employees required to work on weekends and statutory holidays will be required to be available for Saturdays, Sundays and statutory holidays.

7.05

Any employee who does not report at the start of a work period will be considered absent for the entire day. It is agreed that in such cases the employee may not become available for a fishing assignment during said day.

Notwithstanding the preceding paragraph, an employee in the Winter “B” Group or in the reserve pool, unavailable in accordance with Articles 8.05 e), 14.06, 16.01 or 20.06, will not be considered absent for the day.

7.06

For weekend assignments, preference will be given to the employee who has accumulated the least number of hours offered at double time in accordance with the list in Article 7.01 A) since the beginning of the job security season. In cases of an equal number of hours, seniority will prevail.

7.07

For weekend assignments, preference will be given to the gang which has had the least number of hours offered at double time in accordance with the list in Article 7.01 D) since the beginning of the job security season. In cases of an equal number of hours, gang priority will prevail.

7.08

The M.E.A. will send the daily dispatch reports to the Union by computer communication as soon as said dispatch has been finalized.

All modifications resulting from operational requirements will be sent to the Union as soon as possible.

ARTICLE 8

DISPATCHING PROCEDURES

8.01 Organization of existing classifications

For the purposes of dispatch, classifications will be organized as follows: a) Each classification will be divided into two (2) separate groups called "primary" and "secondary". b) The employees' primary and secondary classifications will be those they have at the signing of the collective agreement.

However, during the term of this collective agreement, primary as well as secondary classifications will be granted or changed solely according to seniority.

Seniority will also be the criteria used for any movement of personnel.

The minimum number of secondary classifications for each employee will be established based on seniority rules in accordance with the following table (excluded are the longshoremen in Status 3 and 7).

SENIORITY NUMBER 1 to 50 2 51 to 100 4 101 to 150 5 151 to 200 6 201 to 250 7 251 to 300 8 301 to 350 9 351 to 450 10 451 to 550 11 551 to 650 12 651 and more 13

In all cases, an employee whose seniority is less or equal to 400 will have to hold a sufficient number of secondary classifications so that the number of hours of work of the employee is more or less equal to the average number of hours worked by employees whose seniority is less or equal to 400.

In all cases, an employee whose seniority is above 400 will have to hold a sufficient number of secondary classifications so that the number of hours of work of the employee is more or less equal to the average number of hours worked by employees whose seniority is above 400. c) Each employee must necessarily hold only one primary classification. d) i) All employees must hold the classification PCALE (work in the hold of a ship), except those employees who have thirty (30) years of service who may, at their request, be exempted from the classification PCALE as well as from any other classification involving work in the hold of a ship (CAIDE, EPAND and PLIFT) or a classification involving lashing of cargo (CHARP, OLASH, PRAIL and SECCO). These aforementioned exemptions also apply to employees who have reached the age of sixty (60);

Moreover, the M.E.A. will grant exemptions based on legitimate medical reasons and said exemptions will cease once the employee has recovered. Refusal to grant such an exemption could result in the filing of a grievance.

ii) Employees may, at their request, be exempted from work on night shifts. A maximum of fifty (50) employees from April 1 to October 31 and a maximum of sixty (60) employees from November 1 to March 31 may apply for such an exemption and the choice will be made according to seniority. However, the M.E.A./Union classification committee will discuss the maximum number of employees eligible in each classification;

iii) Among employees who hold the secondary classification “OTUGM” or one of the truck classifications, except for RECUL, the two hundred and fifty (250) employees with less seniority will also have to hold the “OTRTR” classification.

iv) All employees who hold the ship’s crane or mobile crane classification must also hold the classification of mobile crane signalman. e) Management alone shall decide the number of employees required in each classification at the primary and/or secondary level and, in this respect, may increase or decrease the number of employees required in each classification at the primary or secondary level or, in fact, simply abolish a classification, while keeping in mind the seniority criteria. f) Should it become necessary to increase the number of employees in a primary classification, Management will post available vacancies in all three sectors in accordance with the procedure stipulated in Article 8.03. Vacancies will be filled according to seniority. However, employees who are working in the Bulk and Contrecoeur Sectors at the time of the posting will have priority for vacancies in their respective sectors;

If there is an insufficient number of candidates available following the posting of a vacancy, Management may fulfil its manpower requirements by choosing candidates by inverse order of seniority. g) Should Management decide to reduce the number of employees in a primary classification, the employee who has the least seniority in the bargaining unit shall be displaced. Displaced employees will be offered a primary classification of their choice as long as they have the required seniority to accede to said classification. Notwithstanding all other provisions of this collective agreement, the displaced employee will maintain all his job security rights. h) An M.E.A./Union Classification Committee is formed and its mandate to submit any suggestion concerning classifications, manning and dispatch is stipulated in Letter of Intent #7.

Notwithstanding the preceding paragraphs, any final decision rests with the employer in accordance with the collective agreement.

8.02 New classifications

Management has the right to create any new classification and to give, through the posting procedure, said new classification in primary keeping in mind the seniority criteria.

8.03 Posting procedure a) This procedure will apply to all job postings as stipulated in Article 8.01 above as well as for all postings for training as stipulated in Article 19 hereafter. b) A notice describing the vacancy as well as the qualifications and/or experience required by Management will be posted during seven (7) working days in rest rooms, shops and various sectors, at the hiring hall as well as on the M.E.A.’s website; c) Employees covered by job security may bid on these postings. All applications for a job posting must be presented at the hiring hall during the posting period as stipulated in paragraph (b) above.

Employees who are unavailable by reason of long-term illness, accident at work or who are part of the winter « C » list will receive by mail the posting notices described in the preceding paragraph. These employees must bid on these postings according to the procedure described in the preceding paragraph.

d) A copy of all job postings and all bids received on each will be supplied to the Union. e) The employer agrees to fill all jobs that have been posted.

8.04 Assignments

1. a) Each employee covered by job security (Appendix "A") and be a member of the first reserve pool (Appendix “B”) must phone the dispatch centre or consult the M.E.A.’s website under the application “assignment broadcast” between 18:00 and midnight (13:00 and midnight on Saturday) to receive his/her work assignment for the following 24 hours.

b) When employees phone, they will be advised of their classification (company, shift, name of ship, hatch, shed, terminal or type of cargo and, if need be, the possibility of handling dangerous cargo). This same information is available when the employees take their assignment through the M.E.A. website.

c) If they wish to work on a fishing assignment the next day, they must say so when they telephone or consult as stipulated in sub-paragraph 8.04(1-a) and phone again or consult the M.E.A.’s website under the application “assignment broadcast” between 4:00 and 6:00 to be apprised of their fishing assignment, as the case may be, or between 4:00 and 11:00 for fishing assignments beginning at 12:00, 13:00, 15:00, 15:30, 16:00, 16:30, 17:00 and 23:00. (Assignments will be available on the M.E.A.’s web portal as of 02:00 a.m.).

d) The employer may offer to employees that they declare their availability for a fishing assignment in a specific classification and this offer will be made to all employees who hold these classifications.

2. a) If an employee is absent for any reason whatsoever and therefore is unable to accept a work opportunity which normally he would have obtained, the corresponding hours will appear in his file as "hours offered".

b) An employee who is legitimately unavailable (for a period in excess of two (2) days) shall retain, upon his return, the pick status he had when he left. However, hours lost as a result of a disciplinary measure will be considered as hours offered.

8.05 a) Employees members of the Union whose names appear in Appendix "B" form the reserve pool. b) i) Employees who are members of a gang are assigned in priority with their gang when the latter is required;

ii) Employees of the first reserve pool are assigned during the daily dispatch following employees covered by job security according to daily rotations;

iii) During the period which precedes the summer period of twenty (20) weeks described in Article 16.20 as well as the period which follows the latter, employees of the first reserve pool who are not members of a gang may declare themselves unavailable for the daily dispatch by telephoning the dispatch centre to inform the centre of the length of their unavailability. It is agreed that employees must telephone before 12:00 from Sunday to Friday or 10:00 on Saturday in order to register their unavailability for the next day. c) Employees in the first and second reserve pool who wish to work on a fishing assignment must call the dispatch centre or consult the M.E.A.’s website under the application “assignment broadcast” between 18:00 and 24:00 to register their availability for a fishing assignment for all work periods the next day.

d) They must phone again or consult the M.E.A.’s website under the application “assignment broadcast” the next day between 4:00 and 6:00 to receive their assignment for that day, as the case may be. (Assignments will be available on the M.E.A.’s web portal as of 02:00 a.m.).

e) Employees of the first and second reserve pool are allowed only one day a week when they can receive two assignments the same day. However, the minimum rest period stipulated in Articles 14.06 and 16.01 continues to apply during the regular dispatch. f) Dispatch of employees (fishing) from the second reserve pool to a truck operator assignment can only take place from Monday to Friday on a day shift.

8.06

Any employee who has registered his availability for a fishing assignment and who fails to phone or consult the M.E.A.’s website under the application “assignment broadcast” between 4:00 and 6:00 or 4:00 and 11:00 to receive his assignment, as the case may be, will be subject to a disciplinary measure. (Assignments will be available on the M.E.A.’s web portal as of 02:00 a.m.).

8.07 Work continuity a) When an employee covered by job security is assigned to work on conventional cargo, he shall remain until such time as:

1. the work is finished;

2. he is required in a higher classification; or

3. he has completed forty-four (44) hours of work in that week;

4. another employee with the required primary classification becomes available. b) Article 8.07 a) is applicable in accordance with the dispatch lists included in Article 7.01;

8.08 Conditions according to which absences must be reported a) Any regular employee who, for a legitimate reason, is unavailable to come to work must advise the dispatch centre during the phone-in period or between 4:00 and 6:00 or at any time before the beginning of the shift to which he was assigned; b) If he should be absent for more than one (1) day, he must advise the dispatch centre accordingly. Upon his return to work, he must advise the dispatch centre by completing a form to this effect; c) The M.E.A. must provide an adequate communication system in order to receive calls from each absentee who will report his absence from the start of the phone-in period or between 4:00 and 6:00 or at any time before the beginning of the shift to which he was assigned d) The parties agree that all telephone calls made to the dispatch centre by employees covered by this collective agreement are registered on tape. It is also agreed that the confirmation number given during the assignment broadcast on the M.E.A.’s website constitutes the equivalent of the recording device (registered on tape) mentioned above.

During such communications, the sole mention of the identity of the employee concerned will suffice for Management to fulfil its obligation.

The M.E.A. will never be held responsible in the case of false calls or the consequences that may entail as the result of the substitution of persons during telephone calls or the substitution of identity during the assignment broadcast on the M.E.A.’s website.

8.09 a) No employee will be assigned to work unless he has been given the assignment by the dispatch centre or by any other means approved by the M.E.A., i.e. by its employees, its superintendents and walking bosses, by advising the dispatch centre;

The employer may not offer and an employee covered by job security may not accept an assignment when the latter does not allow for the rest period of ten (10) and twelve (12) hours stipulated in Articles 8.05 e), 14.06 and 20.06. This limit does not apply when the assignment is the result of fishing and in accordance with the provisions of article 16.01. b) The parties agree that any employee whose name appears in Appendix "A" and in the first and second reserve pool in Appendix "B" of this collective agreement must inform the M.E.A. of any change of address or telephone number.

Such changes must be communicated by the employee in question to the dispatch centre during his daily telephone call.

The parties agree that the M.E.A. cannot be held responsible for any prejudicial consequences resulting from the negligence of an employee to conform to the provisions of this Article.

8.10

Employees assigned to the Hiring Hall during the normal phone-in period must consult the M.E.A.’s website under the application “assignment broadcast” or phone again the dispatch centre between 4:00 and 6:00 in order that they may be reassigned.

8.11

Employees assigned to the Hiring Hall or seeking work must be present in the hall before dispatch begins, unless advised to go elsewhere.

8.12 a) Management shall have the exclusive right to determine which classifications shall be considered conventional and which shall be considered specialized. In addition, Management shall have the exclusive right to determine the relative order of importance of classifications, according to its requirements. b) The dispatch of employees covered by job security in conventional classifications shall be done as follows in the Montreal Sector:

i) In accordance with the relative order of classifications as determined by Management, the dispatch for each classification will be done according to the order of the applicable list mentioned in Article 7.01, subject to the rules stipulated in Article 7.02 and according to the following order:

First Group

Employees covered by job security who hold a primary conventional classification in the Montreal Sector, among those who hold the required classification in primary, then in secondary.

Second Group

Employees covered by job security who hold a primary classification in the Bulk Sector or the Contrecoeur Sector who have not been assigned in their respective sectors, among those who hold the required classification in secondary.

Third Group

Employees covered by job security who hold a specialized classification in primary in the Montreal Sector and who have not been assigned in a specialized classification in the Montreal Sector, among those who hold the required classification in secondary.

ii) Employees who have not accumulated forty (40) hours offered during days at straight time and statutory holidays in the week in progress will have priority of assignment over other employees for the days at straight time. c) The dispatch of employees covered by job security in the specialized classifications in the Montreal Sector shall be done as follows:

First Group

Employees covered by job security who hold a specialized classification in primary in the Montreal Sector among those who hold the required classification in primary, then in secondary.

Second Group

Employees covered by job security who hold a conventional classification in primary in the Montreal Sector, a primary in the Bulk Sector or a Primary in the Contrecoeur Sector, who are not assigned respectively in a conventional classification in the Montreal or their own sector, among those who hold the required classification in secondary. d) The dispatch of employees covered by job security who hold classifications in the Bulk Sector shall be done as follows:

i) In keeping with the order of classifications as established by management, the dispatch in the case of each of these classifications will be done in accordance with the applicable list stipulated in Article 7.01, subject to the regulations of Article 7.02 and will proceed in the following order:

First Group

Employees covered by job security and who hold a primary classification in the Bulk Sector among those who hold the required classification in primary and then in secondary.

Second Group

Employees covered by job security who hold a primary classification in the Contrecoeur Sector and who are not dispatched in their sector, among those who hold the required classification in secondary.

Third Group

Employees covered by job security who hold a primary classification in the Montreal Sector and are not dispatched in a Montreal Sector classification, among those who hold the required classification in secondary. e) The dispatch of employees covered by job security who hold classifications in the Contrecoeur Bulk Sector shall be done as follows:

First Group

Employees covered by job security and who hold a primary classification in the Contrecoeur Sector among those who hold the required classification in primary and then in secondary.

Second Group

Employees covered by job security who hold a classification in the Bulk Sector and who are not dispatched in their sector, among those who hold the required classification in secondary.

Third Group

Employees covered by job security who hold a primary classification in the Montreal Sector and are not dispatched in a Montreal Sector classification, among those who hold the required classification in secondary. f) The dispatch of gangs assigned to the loading and unloading of conventional cargo will be done as follows:

i) Each required gang will be dispatched according to the order of the applicable list mentioned in Article 7.01 and subject to the rules of Article 7.02.

ii) Notwithstanding the preceding paragraph, Management may, at its discretion, continue a gang on a same assignment during the straight-time days of the week;

iii) When a gang is not required, members of this gang on job security may be assigned following the regular dispatch procedure.

However, from Sunday to Friday, employees who are members of gangs who belong to the day group will be restricted to the 07:00, 8:00 12:00 and 13:00 shifts, and the assignment from Sunday to Thursday of employees who are members of gangs who belong to the other groups will be restricted to the 7:00, 8:00, 12:00, 13:00, 15:00, 15:30, 16:30 and 17:00 shifts. g) The dispatch of manpower will be done according to the rules stipulated in the preceding paragraphs while giving employees priority of assignment in the sector where they hold their primary classification.

8.13

Employees may be assigned in their primary classification for a period of five (5) days on the same shift from Monday to Friday (except for statutory holidays stipulated in Article 17.01). Employees so assigned are informed at the time of their Sunday evening phone in and are no longer obliged to call the dispatch centre from Monday to Thursday to learn of their assignment.

ARTICLE 9

MANNING AND DEPLOYMENT

9.01 a) When loading grain during pouring operations, there will be one (1) foreman assigned and the number of employees will be as follows:

1 tower in operation: 2 employees + 1 as relief 2 towers in operation: 2 employees + 2 as relief 3 towers in operation: 3 employees + 3 as relief b) When loading grain during trimming operations, the number of employees to be used will be as follows:

1 trimmer in operation: 3 employees + 2 as relief 2 trimmers in operation: 6 employees + 4 as relief 3 trimmers in operation: 9 employees + 6 as relief

9.02

Management shall have the right to call as many employees as required to perform all other operations in connection with the loading of grain, e.g., laying separations, rigging chutes, levelling, bagging in the hold, etc.

9.03

When loading grain, a minimum of one (1) foreman per ship will be used. When trimmers are being used, one (1) foreman per trimmer will be used.

9.04

For all types of cargo (except for the Bulk and Bulk-Contrecoeur Sectors): a) Two (2) slingmen will be used, except for bulk cargo. When working with robot slings 1) slingman will be used. b) 1. On deck, when the winches or the ship’s cranes are in operation, two (2) winchmen or two ship’s crane operators will be used.

One winchman may be required to operate two winches at the time.

Subject to the provisions of Article 9.04 c), when the winches or the ship’s cranes are in operation, the work of signalman will be done by the second winchman or ship’s crane operator.

2. When a gantry crane, a ship’s crane, or a mobile crane is in use for loading and/or unloading a ship, but the operation is not covered by Article 9.16 b), two (2) operators will be used for each crane.

3. When the winches or the ship’s cranes are not in operation and a shore crane is being used, two (2) signalmen on the deck will act as signalmen with relief.

4. When using a mobile crane in tandem, two (2) signalmen will be used. c) However, during the period December 1 to March 1 of each year, one (1) additional winchman or ship’s crane operator will be used as relief for each sling movement.

d) Import - Export

General cargo 8 longshoremen in the hold (manual)

Bagged cargo * 8 longshoremen in the hold (manual)

Refrigerated cargo 8 longshoremen in the hold

Woodpulp 8 longshoremen in the hold

Newsprint 6 longshoremen in the hold

Newsprint 4 longshoremen in the hold (lift-truck)

Palletized cargo 4 longshoremen in the hold

Unitized cargo 4 longshoremen in the hold

Steel 4 longshoremen in the hold, plus one (1) longshoreman on section

Automobiles 4 longshoremen in the hold

*Bagged cargo (Export) 10 longshoremen required

e) Notwithstanding the preceding paragraphs, when loading and unloading Ro-Ro ships, one (1) foreman and a minimum of four (4) longshoremen per ship will be used. f) Notwithstanding the preceding paragraphs, the manning for loading and/or unloading containers will be as follows:

i) When using a gantry crane, two (2) signalmen per crane will be used;

ii) When using a crane other than a gantry or the ship's lifting gear, (2) signalmen will be used.

iii) In the case of a non-cellular hold, at least one (1) foreman and two (2) longshoremen will be used in the hold.

iv) When using a non-automatic spreader, at least two (2) slingmen will be used. g) When conventional cargo gangs are being used, companies may transfer up to a maximum of two (2) employees from the hold to any other classification they possess during the following operations:

- loading and unloading steel in coils with a special hook or chains;

- drop stow in the case of "pre-slung" units when the sling is made up of one unit.

9.05

For all loading and unloading operations on a ship, any group of longshoremen handling cargo in a hold will include one (1) foreman, except in cases as stipulated in Article 9.03.

9.06 a) All work being carried out in a group of sheds, or in a complex of sheds, will be under the supervision of a walking boss or a foreman who, at Management's discretion, may be assisted by as many lead hands as they deem necessary. b) All operations onboard a ship or in a terminal related to the loading and unloading of bulk cargo will be supervised by a foreman or a walking boss; the provisions of this Article also apply to grain and sugar operations.

c) For coastal container terminal operations only, when there are five (5) employees or more (except for employees assigned to the loading and/or unloading of the ship), one (1) foreman-checker will be used to direct the work at the container terminal. The foreman-checker will be chosen among the checker-operators.

9.07

All orders and directives will be given to longshoremen by the walking bosses, the foremen, or the lead hands, members of the Union.

9.08

A superintendent, as well as a walking boss or a foreman, when employed as such, cannot be required to perform any other work under the jurisdiction of the Union, failing which, the employer will pay the Union the equivalent of eight (8) hours of work at the applicable rate.

Notwithstanding the preceding paragraph, the foremen and walking bosses may work to explain the work to be done.

9.09 a) The employer may ask an employee to do any work related to the classification under which he has been assigned. b) During the same shift, employees may be transferred from one ship to another, from a hatch to another, from one job to another job, from one classification to another classification, from the hold to the shed and vice-versa. c) This rule authorizes a transfer to a refrigerated hold only if the longshoremen transferred were previously working in such a hold. d) Employees assigned to refrigerated cargo may be transferred, during the same work period, to non-refrigerated cargo. e) Time spent in transferring the workforce is considered as time worked; such transfers cannot be done during a lunch period. f) In this collective agreement, a work period means from the beginning of the shift to the meal hour.

9.10

Employees assigned to work in a refrigerated hold must be advised the day before.

Should a group of employees be assigned to refrigerated cargo and there is no refrigerated cargo to be handled, this group of employees must be paid the premium for a four (4) hour period. If the employees do work on refrigerated cargo, they will be paid the premium for the hours during which they work. Any fraction of a quarter hour will count as fifteen (15) minutes when calculating the premium.

9.11 Rates applicable for work done during meal hours

If employees are kept at work during or longer than the meal hour, the applicable rates are as follows:

a) the same hourly rate applicable to the meal hour to be applied for the subsequent period;

or,

b) double the rate applicable to the period following the meal hour, and the higher of these two rates will be paid.

Should the employees work during the meal hour and afterwards be granted an hour for their meal, said hour will be included in the four (4) hour work period. In other words, during a regular work day, employees who work non-stop from 7:00 to 12:00 could then be released for their meal period from 12:00 to 13:00 and then return to work from 13:00 to 16:00, and would be remunerated as follows:

7:00 to 11:00 - straight time 11:00 to 12:00 - double time 13:00 to 16:00 - straight time

9.12 Manning and deployment of shipliners

a) For all shipliner work onboard ship, one (1) foreman and any number of shipliners may be employed to ensure their safety as well as the efficiency of the work to be done.

b) For all shipliner work other than onboard ship, any number of shipliners may be employed to ensure their safety as well as the efficiency of the work to be done.

Notwithstanding the preceding paragraphs, it is agreed that shipliners will be required to work in gangs of at least two (2) employees minimum.

9.13 Passengers

One (1) foreman and a minimum of four (4) longshoremen will be assigned during the loading or unloading of baggage to or from passenger ships.

9.14 Gang formation for the handling of conventional cargo

A) Permanent gangs are formed to load and unload conventional cargo.

B) i) Each gang will be made up of nine (9) employees holding in primary the following classifications:

1 CM 2 ELING 2 OGBOR/SGNGM 2 PLIFT/OTRTR 2 PCALE

ii) Each gang may include a certain number of employees of the first reserve pool;

iii) The gang cannot be disbanded unless it becomes necessary to transfer an employee in order to fulfil a shortage in an essential classification in another gang at the onset of operations;

iv) The functions of OLIFT / OTRTR inside said gangs are filled, depending on the number required by the company, by employees assigned as 25-ton lift operators at said company or by OLIFT and OTRTR assigned by the dispatch system or through the hiring hall;

v) In order to fill a shortage in a gang in an essential classification at the onset of operations, the employer may transfer an employee, within the terminal where he is assigned, from one hold to another, from the terminal to the ship and from the ship to another ship among the manpower assigned at said employer, including employees having the classification in secondary. This does not prevent in any instance the use of Article 9.09 to transfer non-assigned employees in a gang;

vi) When robot slings are used, the second slingman may be assigned to any other work required by the employer where the gang is assigned;

C) i) At the latest on December 1 of each year, the employer will inform the Union of its requirements in the number of permanent gangs required for the following year.

At the latest on March 1 of each year, the employer will inform the Union of its requirements in the number of additional gangs required for the summer job security period stipulated in Article 15.

On March 1, the employer will post for additional gangs in accordance with the posting procedure stipulated in Article 8.03 of the collective agreement.

ii). a) Employees who apply for classifications within additional gangs must comply with the following requirements:

1. be part of the group of employees covered by job security or be members of the reserve pool;

2. possess the classifications of PCALE and OLIFT, whatever their primary classification, except those employees who possess a primary classification of foreman or OGBOR;

b) Candidates for the gangs will be chosen in accordance with the procedure stipulated in Article 8.01 f).

c) Employees from the first reserve pool may be integrated into each of the permanent and additional gangs.

D) i) An M.E.A./Union committee for gangs is formed and will include two representatives from each party.

ii) The objectives of the committee are to:

a) participate in the choice of candidates who applied to become a member of a gang and suggest the name of a replacement should there be a vacancy within the gang;

b) participate in the nomination of members for each of the gangs;

c) counsel the employer concerning the evolution of said gangs and the efficient operation of the gang system.

d) all final decisions are to be made by the employer.

E) i) Any foreman vacancy within a gang will be filled by naming to that position an employee who holds the CM classification in primary and the latter will remain at that position until the return of the gang foreman;

ii) When a gang foreman is required temporarily as a walking boss, he will be replaced in accordance with the procedure stipulated in Article 9.14 E)i.

9.15 a) The manning and dispatch of the workforce in the Bulk and Bulk-Contrecoeur Sectors will be determined by the employers and in sufficient number to ensure that the work is safe and efficient, and is in accordance with practice in these sectors.

Moreover, it is agreed that past practice will apply when no relief worker is required for handling said bulk cargo. b) However, the following workforce will be used when relief workers are required in handling bulk cargo.

i) when using a loader on wheels, a bulldozer, an hydraulic shovel, a signalman and a ship's crane. 2 employees for 1 work station 3 employees for 2 work stations 5 employees for 3 work stations 6 employees for 4 work stations 8 employees for 5 work stations 9 employees for 6 work stations 11 employees for 7 work stations 12 employees for 8 work stations 27

14 employees for 9 work stations 15 employees for 10 work stations, etc. ii) when using a mobile crane: 2 operators per crane

iii) when using manual workers: 2 employees for 1 work station 3 employees for 2 work stations 4 employees for 3 work stations 5 employees for 4 work stations 7 employees for 5 work stations 8 employees for 6 work stations 9 employees for 7 work stations 10 employees for 8 work stations, etc.

iv) when using a loading tower with only one cabin in operation: 2 CTOUR per tower

v) when using a loading tower with two (2) cabins in operation: 3 CTOUR per tower

9.16 a) It is agreed that Management may, at its discretion, order that work be carried out, without interruption, regarding the following operations:

- Roll-on/Roll-off - Container terminals - Passenger ships - Bulk cargo (including sugar and scrap) b) Operators of gantry cranes, mobile cranes, bulldozers and heavy lift equipment, as well as signalmen for gantry cranes required to work without interruption, will be relieved in the following manner:

I - Gantry crane, mobile cranes, bulldozers and gantry crane signalmen

2 longshoremen per machine or work station

II - Heavy lift equipment

2 longshoremen for 1 machine 3 longshoremen for 2 machines 5 longshoremen for 3 machines 6 longshoremen for 4 machines 8 longshoremen for 5 machines 9 longshoremen for 6 machines 11 longshoremen for 7 machines 12 longshoremen for 8 machines 14 longshoremen for 9 machines 15 longshoremen for 10 machines etc... c) In the case of employees who are not assigned to the operation of mechanized equipment, their relief is determined by following the same proportion described in Article 9.16 b) for "heavy lift equipment".

9.17 During the life of the collective agreement, and in the best interests of the Port, the parties agree to discuss any problem regarding new operations that could be done using the relay method. In case of disagreement on this subject, the parties agree to submit the matter to the arbitration procedure.

9.18 All containers consigned to maritime companies are filled and emptied within the limits of the port.

ARTICLE 10

EFFICIENT METHODS OF OPERATION

10.01

Cargo shipments may be strapped, palletized or containerized in the sheds, on the dock, or in the hold of the ship.

10.02

The four (4) corners of a hold may be worked at the same time, as long as the work can be done in accordance with occupational health and safety standards and regulations.

10.03

More than one (1) lift truck may be used in a hold provided that health and safety regulations and standards concerning carbon monoxide and other working conditions are strictly enforced.

10.04

Hatches may be opened or closed and gear may be rigged by a ship's crew before, during or after any work period without penalty. This Article does not prevent employees from performing such work during the work period, if they are so required.

10.05

The slings, lifting equipment, gear and working methods must satisfy the applicable standards described in the regulations relating to lifting equipment and regulations relating to gear of the Canada Shipping Act as well as to the arbitration decisions rendered regarding the safety of longshoremen in this regard.

10.06

Any dispute concerning the establishment of the reasonable size and weight of a slingload will be dealt with according to Part II of the Canada Labour Code.

10.07

The use of ship's gear for handling equipment on or off a vessel, or opening and closing of hatches, shall not be considered the loading or unloading of cargo.

ARTICLE 11

HEALTH & SAFETY

11.01 TERMS

The parties recognize that the provisions of Part II of the Canada Labour Code and its regulations are an integral part of this collective agreement. The parties agree that these legal provisions are a minimum and all attempts must be made to eliminate all threats to the health and safety of employees and collaborate to this effect.

The M.E.A. and the companies recognize that health and safety Union representatives have a major role to play in reaching this objective.

11.02 SETTING-UP OF LOCAL HEALTH AND SAFETY COMMITTEES a) The parties agree to set-up health and safety committees for each of the following work sites: S.T.M.G. Termont Logistec Ceres Contrecoeur M.E.A. (linesmen) Empire

and in any new workplace which might be established during the duration of this collective agreement, including those resulting from a decision of the Canada Industrial Relations Board expanding the Union's jurisdiction.

11.03 HEALTH AND SAFETY DELEGATES AND STRUCTURE OF LOCAL HEALTH AND SAFETY COMMITTEES a) Employees who are health and safety delegates are appointed by the Union. A health and safety delegate can fulfil all the duties of a committee member who represents employees, in the absence of the latter, including at local committee meetings as well as outside these meetings.

The Maritime Employers Association and the companies undertake to inform a member of the local committee or, in his absence, a health and safety delegate, of any accident or refusal to work that occurs at a worksite and this as soon as the employer becomes aware of such an occurrence, whether or not there is a work stoppage. In such cases, the employees’ representative helps the employee(s) involved.

Members of local health and safety committees representing the employees are appointed by the Union among the health and safety delegates. The employees’ representatives may not act as such when they are assigned to crane work; b) Health and safety delegates attend courses of three (3) days maximum including Part II of the Canada Labour Code as well as the basic first aid course. The M.E.A. will pay on job security the hours spent on these courses for each of these employees. c) Each of the local health and safety committees will comprise a maximum of three (3) representatives from each of the parties. d) Logistec’s local committee including one (1) member representing the bulk sector and one (1) member representing the conventional cargo sector; e) S.T.M.G.’s local committee includes one (1) member representing Section #62 and one (1) member representing section #77; f) A representative of the grain sector is present at the health and safety committees of the companies that are involved in such operations and this at a maximum frequency of nine (9) times a year; g) i) Each company frees a maintenance employee to participate in the meetings of their local committee. This employee is remunerated at the applicable rate.

ii) S.T.M.G. frees a maintenance employee from each section. They are remunerated at the applicable rate.

h) Each local committee includes a co-president designated by the Union, taken from the members of the committee representing the employees, and one co-president designated by the employer; i) The Union supplies the employer with the names of the employee representatives on said committees within five (5) days of their selection and must replace vacancies within thirty (30) days; j) Each company must supply health and safety employee representatives with an adequate place for meetings. This location must include a table, chairs and filing cabinets and be otherwise adequately set-up. k) The employer remunerates one (1) employee to participate in local health and safety committee meetings, except in the cases described at d) and e), where two (2) employees are remunerated.

11.04 PURPOSE BEHIND LOCAL HEALTH AND SAFETY COMMITTEES

The objective of local health and safety committees is to prevent any industrial and occupational health, safety and physical integrity problems particular to the workplace for all the employees they represent.

11.05 DUTIES OF LOCAL HEALTH AND SAFETY COMMITTEES

Local Committees must: a) receive, take into consideration and quickly dispose of complaints and suggestions concerning the industrial and occupational health and safety of the employees they represent; b) keep a log of all decisions taken following complaints filed by the employees they represent; c) cooperate with professional health services which serve the workplace. d) promote prevention and training programs in industrial and occupational health and safety and insure their follow-up in their workplace; e) participate in all inquiries, investigations and inspections concerning industrial and occupational health and safety and, if necessary, consult with qualified professionals or technicians; f) promote measures and procedures to protect and improve industrial and occupational health and safety; g) supervise, on a regular basis, industrial and occupational health and safety programs, measures and procedures; h) ensure that occupational accidents, injuries and health risk registers are kept up to date and supervise all related data; i) be advised of all occupational accidents which occurred in their sector in any given month, examine the causes related to such accidents and recommend appropriate preventive measures; j) cooperate and collaborate with safety officers, Human Resources and Skills Development Canada (HRSDC) and Transport Canada representatives as well as with members of the Coordinating Committee; k) obtain from the M.E.A. and the companies the information they deem necessary to identify actual and eventual risks which might exist in the workplace, the gear, the methods of work and the equipment; l) have unrestricted access to government reports on occupational and industrial health and safety concerning the employees they represent, except for a person's medical file, unless authorized to do so by that person;

m) forward copies of all recommendations, reports, investigations or any other document to the industrial and occupational health and safety coordinating committee; n) participate in the identification and evaluation of risks tied to work areas and to work executed by employees as well as in the identification of contaminants and hazardous substances present in the workplace; o) recommend to the coordinating committee the equipment and individual protection measures required which, while complying with regulations, are best adapted to the needs of the employees at any given workplace; p) receive the inspection reports and directives from Human Resources and Skills Development Canada and Transport Canada, study them and ensure their follow-up.

11.06 LOCAL HEALTH AND SAFETY COMMITTEE MEETINGS

Each of the local committees meets during hours of work at least nine (9) times a year and on a date chosen by the two (2) co-presidents of that local committee.

Each of the local committees meets on other occasions, according to need and even not during hours of work.

Quorum for local health and safety committees is one representative from each party.

The employer verifies to ensure that the local committee or the representative inspects each month all or part of the worksite so as to ensure that the latter is inspected in its entirety at least one (1) a year.

11.07 SECRETARY

A secretary is made available to each of the local health and safety committees by the employer in order to: - prepare and distribute the agenda for the meetings; - take the minutes of the discussions; - prepare and distribute the minutes of the meetings; - prepare the annual report under the direction of both co-presidents; - ensure that a meeting room is available to the local committee; - the secretary's role will be limited to the duties described above.

11.08 RESOURCE PERSONS

Of a common accord, the two (2) co-presidents of a local committee may appoint resource persons such as professionals, technicians or any other person who can assist the local committee in fulfilling its mandate. In such cases, the honorarium paid to these persons, when required, will be paid in their entirety by the company involved.

11.09 AGENDA

The agenda is prepared under the direction of the two co-presidents and distributed to members at least one week preceding the meeting. The agenda will be posted at the workplace in an area designated by the local committee in order that all interested employees are aware of its content.

11.10 MINUTES OF LOCAL COMMITTEE MEETINGS

The minutes of a local committee meeting will be prepared and distributed to members of said local committee within ten (10) days following the meeting. Once adopted by the representatives of each party, the minutes are posted at the workplace in an area designated by the local committee. A copy of the minutes is forwarded to the M.E.A. and to the Union. A copy will be forwarded to Human Resources and Skills Development Canada and Transport Canada, if they so request.

11.11 WAGES AND SOCIAL BENEFITS

Members of a local committee or their replacements may be absent from work to fulfil the requirements of their duties within that committee, notably to participate in meetings; the hours thus spent will be considered as hours worked.

11.12 ASSIGNMENT OF HEALTH AND SAFETY DELEGATES

For dispatch purposes, all health and safety delegates will be assigned in accordance with the applicable dispatch lists stipulated in Article 7 of this collective agreement without considering their duties as delegates or members of a committee.

11.13 HEALTH AND SAFETY COURSES

The M.E.A. continues to give health and safety courses to employees who are members of the Union, after consulting with the coordinating committee. The identity of the health and safety professionals giving these courses will be communicated to the Union.

11.14 FIRST AID KIT

Each company makes available to their employees, at each workplace, a first aid kit in accordance with the occupational and industrial health and safety regulations and this kit is placed in an area easily accessible at all times.

11.15 OCCUPATIONAL HEALTH AND SAFETY COORDINATING COMMITTEE a) The parties agree to form an Occupational Health and Safety Coordinating Committee; b) This committee is composed of a maximum of three (3) representatives from each party. The representatives of each of these parties may appoint resource persons they consider necessary after advising the other party within three (3) working days preceding the meeting of said committee. These resource persons will be paid by the party inviting them to participate; c) This committee meets at the request of one of the parties when the situation warrants a meeting. The employer representatives will prepare the minutes of the meetings and will ensure that a copy is forwarded to each committee member and to the Union; d) The committee meets during normal hours of work. The regular members of the coordinating committee appointed by the Union and who are not permanent officers of the Union will be paid by the M.E.A. for their attendance at meetings and other work of the committee at the wage rate provided in the collective agreement.

11.16 PURPOSE OF THE COORDINATING COMMITTEE

The purpose of the coordinating committee is to prevent all industrial and occupational health, safety and physical integrity problems which are specific to the workplace of the employees covered by the collective agreement. It assists and directs local committees in reaching their objectives and ensures the coordination of industrial and occupational health and safety activities.

11.17 DUTIES OF THE COORDINATING COMMITTEE a) Sanction the industrial and occupational health and safety prevention and training program; b) When it is impossible to eliminate the danger at its source, choose the prescribed safety means, gear, equipment, devices and clothing, whether individual or collective, which are most susceptible to protect the health and safety of employees, keeping in mind the recommendations of the local committees; c) Establish its own priorities and timetables that it considers appropriate depending on the importance or urgency of the cases to be dealt with during its mandate; d) Ensure that recommendations from local committees which apply to all committees are passed along; e) Forward to Human Resources and Skills Development Canada and Transport Canada the information they require; f) Receive copy of instructions and inspection reports from Human Resources and Skills Development Canada and Transport Canada and communicate said reports to the other local committees;

g) Receive copy of occupational accident reports, whether or not the accident resulted in an absence from work, analyze and compile them, and formulate for local committees recommendations concerning the preventive measures to be applied; h) Support and assist local committees in fulfilling their mandate and ensure the coordination of their activities.

11.18 MINUTES OF COORDINATING COMMITTEE MEETINGS

Minutes will be prepared and distributed to members of the coordinating committee within ten (10) days following the meeting. Once adopted by the representatives of each party, these minutes will be posted at the workplaces in an area designated by each of the local committees. A copy is also forwarded to Human Resources and Skills Development Canada and Transport Canada, if they so request.

11.19 RESOURCE PERSONS

Of a common accord, the coordinating committee appoints resource persons such as professionals, technicians or any other person who might assist the committee in fulfilling its mandate. The honorarium for these resource persons, when required, will be paid in their entirety by the M.E.A.

11.20 PROTECTIVE EQUIPMENT AND CLOTHING a) Past practice at each employer's workplace will continue to apply as it pertains to the supply of all protective equipment or apparel; b) The employer will reimburse all employees covered by job security as well as those employees part of the first reserve pool, with the exception of employees covered by articles 28 and 31, the sum of two hundred and sixty dollars ($260) maximum towards the purchase of safety boots, every two years as of the date of the signing of the collective agreement, upon presentation of proof of purchase.

All employees described in the preceding paragraph, with the exception of employees stipulated in article 11.20 c), may use this sum to purchase rubber overshoes; c) Rubber overshoes are supplied to employees who have a primary classification requiring them to work in mud or in water in the Contrecoeur and bulk Sectors; d) In the discharge of their duties, all employees are required to use the prescribed safety gear, equipment, devices and clothing supplied by the employer and chosen by the Coordinating Committee to ensure their protection. e) When an employee’s clothing is damaged during work, management, on presentation of proof, will compensate said employee within a maximum of one (1) week.

Each time such damage occurs, the employee involved must inform without delay his immediate superior so that the latter may immediately notify the M.E.A. who will send a representative to verify the damage.

Any dispute between the parties as to the value of damages may be subject to a grievance.

11.21 INDUSTRIAL SAFETY REPRESENTATIVE

The M.E.A. and the companies acknowledge the person designated by the Union as the industrial safety representative. The salary of the industrial safety representative will be the equivalent of forty-eight (48) hours per week at time and one half the basic rate to allow the industrial safety representative to perform this work.

The employer will reimburse the Union a maximum amount of one thousand and two hundred dollars ($1,200) annually, on presentation of supporting documents, to allow the industrial safety representative to participate in meetings and symposiums on health and safety, on the I.S.P.S. Code and/or the Canadian Marine Advisory Council (C.M A C.).

Moreover, the employer will reimburse the Union a maximum amount of seventy dollars ($70) monthly, on presentation of supporting documents) to cover the costs of a cellular phone for the industrial safety representative.

The industrial safety representative: a) participates in the Health and Safety Coordinating Committee and may sit at all of the meetings held by the local committees; b) assists the employee representatives to execute their occupational and industrial health and safety mandate. c) is immediately notified of all refusals to work or accidents that occur at a worksite as soon as the employer becomes of aware of them, whether or not there is a work stoppage. In such cases, the safety representative helps the employee(s) involved. He participates in the investigation or delegates another person to do so. d) when there is an accident at a worksite, helps the worker fill in the CSST form as well as any other pertinent document. e) informs the worker on safety measures and makes sure that workers understand occupational health and safety regulations. f) participates in all occupational and industrial health and safety investigations and inspections and, if required, seeks the advice of professionally and technically qualified persons.

11.22 MEASURING EQUIPMENT

The M.E.A. provides the various local committees, the coordinating committee and the Union's industrial safety representative with the necessary gauges, measuring and detecting equipment which might be useful in fulfilling their mandate and for intervention purposes.

A list of all available equipment is supplied to the Union upon demand.

11.23 TRAINING IN HEALTH AND SAFETY a) The M.E.A. and the companies recognize the importance of training employees in occupational and industrial health and safety. Two thousand (2,000) credit hours annually, excluding the hours of training provided by Human Resources and Skills Development Canada and the basic first aid courses, will be provided to the Union for occupational and industrial health and safety training activities.

These credit hours will be used for training representatives designated by the Union for the various local committees and the coordinating committee.

The hours not utilized for training representatives for the various committees will be used for health and safety training sessions given to the employees by the Union.

11.24 INVESTIGATIONS RELATIVE TO RISKS a) When the Union's co-president on the local health and safety committee alleges a significant health hazard because of air or noise pollution, the employer, in the presence of a health and safety delegate, investigates and applies without delay the provisions of the regulations concerning occupational health and safety in Part II of the Canada Labour Code; b) If the investigation recommends a medical examination, the employer maintains the right to consult a physician to verify the necessity of such an examination; c) If the physician confirms the necessity of an examination, said examination can be done by the physician designated by the employer or by a physician chosen by the employee. If the employee does not use the services of a physician designated by the employer, the employer will pay the amount that would have cost the employer for said examination. When the employee uses the services of a physician of his choice for the industrial examination, the results of this examination that are required to work are forwarded to the physician designated by the employer;

d) If the employer insists on having the employer examined by the physician designated by the employer, there is be no loss of salary for the employee;

11.25 LOCKOUT PROCEDURE

The locks and keys used for the lockout procedure are supplied to all employees who use this procedure in accordance with Part II of the Canada Labour Code.

ARTICLE 12

REST AND WAITING ROOMS

12.01

Rest rooms must be made available to employees in the sheds or buildings near the docks for the purpose of storing their clothes, tools and lunch boxes.

12.02

These rooms will be built in accordance with existing regulations and provide a sufficient number of metal lockers to be used by employees working in that area. Only employees working to load and unload ships will be admitted to these rest rooms.

12.03

Rest rooms should be provided with showers, at least in the grain, dirty cargo or bulk handling areas.

ARTICLE 13

JOB SECURITY AND HIRING OF EMPLOYEES

A) List of employees covered by job security

13.01 a) All employees whose names appear in Appendix "A" represent the group of employees presently covered by the job security plan.

This list includes seven hundred and fifty (750) employees and any departure, death, retirement or early retirement will be replaced in accordance with the terms of the collective agreement.

However, this replacement or addition cannot take place until the number of employees stipulated in Article 16.01 has not been filled, except for candidates whose hiring has not been finalized for medical reasons. b) It is agreed that, at the end of each calendar year, the M.E.A. will review the number of employees to be included in the list of employees covered by job security as stipulated in Article 13 for the period starting at the beginning of the next summer season to the end of the subsequent winter season. This number may vary between 750 and 825. The number of employees is determined in the following manner:

i) The reference number for hours of work from Monday to Friday is set at 1,170,935 hours, based on seven hundred and fifty (750) employees.

ii) The hours of work will be those worked from Monday to Friday by regular employees (Status 1), permanent employees (Status 3), members of the first reserve pool (Status 4-1, 4-2), of the second reserve pool (Status 4-4), the availability list (Status 8) as well as trainees and holders of white cards (Status 9).

Furthermore, the hours of work from the preceding paragraph are defined as follows:

 hours worked from Monday to Saturday that are counted in the job security calculation for regular employees (Status 1) covered by a six (6) day employment guarantee. The hours of work on Saturday (not including fishing) added to the hours of work from Monday to Friday and used in the calculation of job security as defined in articles 15.02 and 15.03, cannot exceed the employee’s weekly work guarantee level.

 hours worked from Sunday to Saturday that are counted in the job security calculation for regular employees (Status 1) covered by a seven (7) day employment guarantee. The hours of work on Saturday and Sunday (excluding fishing) added to the hours of work from Monday to Friday and used in the calculation of job security as defined in articles 15.02 and 15.03, cannot exceed the employee’s weekly work guarantee level.

iii) If the number of hours of work for the past year is inferior to the reference number of hours of work provided for in the preceding paragraph i), then the difference between the two aforementioned amounts will be divided by 3000. The result of this calculation deleted by 750 will represent the number of employees to be covered by job security (minimum 750).

If the present number of employees covered by job security is inferior to the result of the last calculation, the M.E.A. will proceed with the necessary hiring.

iv) If the number of hours of work of the past calendar year is superior to the reference number of hours of work provided for in the preceding paragraph i), then the difference between the two aforementioned amounts will be divided by 3000. The result of this calculation to which will be added 750 will represent the number of employees to be covered by job security (maximum 825).

If the present number of employees covered by job security is inferior to the result of the last calculation, the M.E.A. will proceed with the necessary hiring.

v) No departure, death, retirement or early retirement will be replaced for the period between the beginning of the next summer season until the end of the subsequent winter season, unless the number of employees covered by job security is inferior to the calculation stipulated in the preceding paragraphs iii) or iv).

vi) No departure, death, retirement or early retirement will be replaced for the period from December 1 to December 31 if the number of hours of work at November 30th of the current year is inferior to the number of hours of work at November 30th of the preceding year.

vii) No departure, death, retirement or early retirement will be replaced for the period from January 1 to the beginning of the job security summer season, if the number of hours of work of the past calendar year is inferior to the number of hours of work of the year preceding the past year.

13.02

A member of Local 375 fulfils all conditions of eligibility to job security while he is a Union representative paid full time by the Union. It is agreed that these persons will not receive the benefits of the job security plan during the year in which they are Union officers. These persons will be eligible to the job security plan when their mandate as a Union Officer is terminated. The same principle applies to all employees covered by job security who have a written permission to be absent from work in order to continue their studies.

An employee covered by job security may, with the employer's permission, act as a part- time Union representative; said permission will not be unduly refused. All hours worked as a part-time Union representative will be considered as hours worked in accordance with the terms of this collective agreement.

The provisions contained in the above paragraphs also apply to employees covered by this collective agreement who are employed on a permanent basis by the Social Security Plan or by the Caisse Desjardins (credit union) of the employees for the longshoremen of the industrial sector (Montreal).

13.03

All employees whose names do not appear in Appendix "A" or all employees hired during the term of the collective agreement will not be covered by job security. Furthermore, any employee who: a) voluntarily resigns, or b) is discharged and is not reinstated by the grievance procedure, or c) overstays a leave of absence without reasonable cause, or d) retires, or e) who has attained the normal retirement age of sixty-five (65) at December 31 of the current year, will cease to be covered by job security. 13.04

Inasmuch as is permissible by law, hours paid by the job security plan will be considered as hours worked for the purpose of the Social Security Plan, the Quebec Pension Plan, Employment Insurance Regulations, the Quebec Health Insurance and the Vacation Plan.

13.05 a) If, in Management's opinion, it becomes necessary to increase the number of employees on job security during the life of this collective agreement, these new employees will be chosen among the employees of the first reserve pool (Appendix "B"), keeping in mind the priority status. b) Employees newly admitted to the job security plan will benefit from the guarantee stipulated in Article 15.01 c) or d). They will be submitted to a probationary period of four hundred and eighty (480) hours worked. They will belong to Group III or IV of the list appearing in Appendix "A".

B) Hiring of New Employees

13.06 For the purpose of recruiting new employees, the employer will consider only the candidates referred by the Union provided that: a) in so doing, the employer can meet all its legal obligations and/or conform to all pertinent government directives (i.e. Bill C-62, Canadian Human Rights Act), and b) within two (2) weeks of a written request by the employer, the Union can refer a sufficient number of candidates to meet the needs as to the number of employees and other requirements enumerated by the employer.

Failing which, the employer may obtain its candidates from any other available source but not before having given a written notice to the Union giving it a supplementary delay of five (5) days to conform to conditions of paragraph (b).

The parties recognize that the employer is solely responsible for the hiring of new employees including being responsible for all aspects of the administration of hiring procedures and programs.

13.07 The following administrative procedure applies to the hiring of any new employee, except specialized employees described in Article 28 of the collective agreement. A new employee is any person who at the signing of the collective agreement is not listed in Appendix "A" or the first reserve pool list in Appendix "B": a) after having completed a form to this effect, new employees will be hired in the reserve pool when the employer, after consultation with the Union, deems it necessary; b) the employer will convene candidates for an interview, which the Union will attend. If at the date chosen by the employer for the interview the Union is unavailable, the interview may proceed in the Union's absence; c) candidates will be required to successfully pass an evaluation of their qualifications in the operation of equipment and their aptitude to eventually receive training to operate heavy machinery; the evaluation procedures will be determined by the employer after consultation with the Union and the Union will be informed of the results; d) candidates must meet physical and medical requirements established by the employer for longshoring work; e) candidates who successfully pass all of the tests, interviews, exams and evaluations for the lift truck operator and truck operator training will be added to second reserve pool list in Appendix "B".

The administration and content of these evaluation tests to which new employees are submitted are solely the employer's responsibility.

13.08 a) All employees of Appendix "B" who are members of the first reserve pool and of the second reserve pool, respectively, have to hold the OLIFT and OTUGM classifications and all manual classifications. b) Training of employees in the first reserve pool or the second reserve pool in Appendix "B", except for the OLIFT classification, will be done during working hours and will be paid.

13.09

Only a new employee who successfully passed the various tests and exams mentioned in the preceding paragraphs will become a member of the Union.

13.10 All new employees will be submitted to a probationary period of 480 hours of work.

ARTICLE 14

HOURS OF CALL AND WORK PERIODS 14.01

The port will be closed from 7:00 to 11:00 for Union meetings on the following dates:

the third Sunday of February 2013 2014 2015 2016 2017 2018 the third Sunday of April 2013 2014 2015 2016 2017 2018 the third Sunday of June 2013 2014 2015 2016 2017 2018 the third Sunday of September 2013 2014 2015 2016 2017 2018 the third Sunday of November 2013 2014 2015 2016 2017 2018

On the aforementioned days, calls for a period of four (4) hours without the meal hour with possibility of an extension as stipulated in Article 14.03 will be made for 11:00, 11:30, 12:00 or 13:00. As for shift work, the call will be given for 11:00.

Notwithstanding the preceding paragraph, the loading and unloading of passenger ships can be done during union meetings. The Union will be notified seventy-two (72) hours prior, except in emergencies, at which time the M.E.A. must notify the union as soon as possible.

Notwithstanding the preceding paragraph, the employer may lower the masts and start the machinery to allow work to begin as soon as the employees arrive.

14.02

Subject to the exemptions stipulated in this collective agreement, all calls include a guarantee of eight (8) consecutive hours of work (with the exception of a meal period) remunerated at the basic wage rate, except for calls as stipulated in Articles 14.01 (which include a four (4) hour guarantee) and 14.04, which include only a four (4) hour guarantee. Furthermore, said guarantees do not apply when the provisions of Articles 24.05 b) and 24.05 c) apply.

14.03

The hours of work, of rest and meal hours for operations are as follows:

A) Terminal, Conventional and Container (Ocean and Coastal) Work:

Note: This is work other than what constitutes loading and unloading ships.

1. Conventional Terminal (ocean and coastal): i) SUMMER SCHEDULE (from March 2 to November 30)

Work Periods Meal Periods Rest Periods

07:00 to 11:00 08:30 to 09:00 11:00 to 12:00 12:00 to 16:00* 13:45 to 14:15

* extension allowed for receiving and shipping conventional cargo only (not containerized) between 16:00 and 17:00

Work Periods Meal Periods Rest Periods

07:00 to 10:30 10:30 to 11:30 15:00 to 16:00 11:30 to 15:00*

15:00 to 18:30 18:30 to 19:30 23:00 to 24:00 19:30 to 23:00

 extension allowed for receiving and shipping conventional cargo only (not containerized) between 16:00 and 17:00. ii) WINTER SCHEDULE (from December 1 to March 1)

Work Periods Meal Periods Rest Periods

07:00 to 11:00 08:30 to 09:00 11:00 to 12:00 12:00 to 16:00* 13:45 to 14:15

* extension allowed for receiving and shipping conventional cargo only (not containerized) between 16:00 and 17:00

Work Periods Meal Periods Rest Periods

07:00 to 12:00 09:00 to 09:30 12:00 to 13:00 13:00 to 15:30*

15:30 to 20:30 17:30 to 18:00 20:30 to 21:30 21:30 to 24:00*

* extension allowed for receiving and shipping conventional cargo only (not containerized) between 15:30 and 16:30.

2. Container Terminals (Ocean and Coastal)

Note: This is work other than what constitutes loading and unloading ships.

Work Periods Meal Periods Rest Periods

07:00 to 11:00 08:30 to 09:00 11:00 to 12:00 12:00 to 16:00 13:45 to 14:15

Work Periods Meal Periods Rest Periods

07:00 to 12:00 09:00 to 09:30 12:00 to 13:00 13:00 to 15:30

15:30 to 20:30 17:30 to 18:00 20:30 to 21:30 21:30 to 24:00

B) Conventional Work in General (Ocean, Passenger and Coastal) i) SUMMER SCHEDULE (from March 2 to November 30)

Work Periods Meal Periods Rest Periods

07:00 to 10:30 10:30 to 11:30 15:00 to 16:00 11:30 to 15:00*

15:00 to 18:30 18:30 to 19:30 23:00 to 24:00 19:30 to 23:00*

* extension to finish ship only

i.e. 15:00 to 16:00 23:00 to 24:00 (1 hour guaranteed)

16:00 to 19:30 24:00 to 03:30 (4 hours guaranteed) ii) WINTER SCHEDULE (from December 1 to March 1)

Work Periods Meal Periods Rest Periods

07:00 to 12:00 09:00 to 09:30 12:00 to 13:00 13:00 to 15:30*

15:30 to 20:30 17:30 to 18:00 20:30 to 21:30 21:30 to 24:00*

* Extension to finish ship only.

i.e. 15:30 to 16:30 24:00 to 01:00 (1 hour guaranteed)

16:30 to 20:00 01:00 to 04:30 (4 hours guaranteed)

C) Work – Coastal Containers

Work Periods Meal Periods Rest Periods

07:00 to 15:30* 12:00 to 13:00 09:00 to 09:30 15:30 to 24:00* 20:30 to 21:30 17:30 to 18:00

* Extension to finish ship only:

i.e. 15:30 to 16:30 24:00 to 01:00 (1 hour guaranteed)

16:30 to 20:00 01:00 to 04:30 (4 hours guaranteed)

D) Shift Work – Operations in accordance with Article 9 (Containers, Ro-Ro, Bulk, Sugar and Passengers)

Work Period Extension to finish ship only

07:00 to 15:00 * 15:00 to 17:00 17:00 to 19:00 15:00 to 23:00 23:00 to 01:00 01:00 to 03:00 23:00 to 07:00 07:00 to 09:00 09:00 to 11:00 (2 hours guaranteed) (2 hours guaranteed)

* Extensions of one or two hours for the reception and delivery of containers by city trucks, from 15:00 to 16:00 (1 hour guaranteed) or from 15:00 to 17:00 (2 hours guaranteed). During these extensions, employees dispatched to “J” classifications will have priority. This practice will continue to be applicable when using extensions. The present extension will not be applicable when there is a night shift.

1. The employer may take advantage of the first extension period of two (2) hours following a work period other than the ones provided for the finishing of a ship when the expected date of departure of the ship could be compromised inevitably, and this in the following cases:

i) Serious event and of force majeure or a series of serious events and of force majeure and totally beyond the control of the employer, which occur during the work period and which significantly and decidedly have an effect on loading and unloading operations on the ship during that shift;

ii) Malfunction of the gantry crane or the mobile crane used during the work period to load or unload the ship and occurring during the work period and which significantly and decidedly has an effect on the loading and unloading operations on the ship during that shift. No other malfunction of equipment or machinery can justify an extension;

iii) Malfunction of the ship's equipment which is essential to the operations, which occurs during the work period and which significantly and decidedly has an effect on the loading and unloading of the ship during that shift;

In the aforementioned cases, the employees involved will be advised at least two (2) hours in advance.

2. Special Schedule – delivery/reception of containers by “city trucks” for container terminals

The employer may use the work schedule of 06:00 to 15:00 for his operations of delivery or reception of containers by “city trucks” on container terminals in accordance with the following terms and conditions:

i) The use of this work schedule for the delivery/reception excludes the possibility for the employer to use another schedule for its delivery/reception except the schedule stipulated in Article 14.03 D) above;

ii) When required, this schedule must be used for a minimum period of five (5) days per week from Monday to Friday;

If one of these days is a statutory holiday according to the provisions of the present collective agreement, the employer may exclude that day from the minimum period required for this schedule;

iii) The number of employees required in the same classification during the use of this schedule cannot vary during the same week;

iv) Employees will be assigned in the same proportion as stipulated in Article 9.16 b);

v) Employees thus dispatched may only be assigned between 06:00 and 07:00 for the delivery/reception of containers by “city trucks”;

vi) No employee on a night shift may be transferred to other duties between 06:00 and 07:00 as a result of using the special schedule;

vii) Assignments are offered in accordance with the regular dispatch procedure;

viii) A sufficient number of secondary classifications will be offered in accordance with seniority;

ix) When using this special schedule, it is agreed that the employee thus required in primary may only be dispatched on a day shift on the preceding day;

x) The employee required in primary will be informed when he is given his assignment the day before the start of the special schedule;

xi) One (1) additional hour of work between 06:00 and 07:00 is considered equal to an extension and is not therefore fishing hour;

xii) The additional hour of work between 06:00 and 07:00 will be paid at double time of the basic rate;

xiii) The extensions of one or two hours provided for in article 14.03 D), regarding delivery or reception, are available for this special schedule. These hours are remunerates at one and a half times the basic rate;

xiv) The employee who holds the primary classification corresponding to the special schedule is a member of one of the groups provided for in Article 7.03.

E) Work on Grain

Work Periods Meal Periods Rest Periods 07:00 to 11:00 08:30 to 09:00 11:00 to 12:00 12:00 to 16:00* 13:45 to 14:15

 extensions according to needs:

either: 16:00 to 17:00 (1 hour guaranteed)

17:00 to 21:00 (4 hours guaranteed with rest period from 18:45 to 19:15)

During peak periods, the following alternative:

Work Period Extension for ship only Extension for ship only

07:00 to 15:00 15:00 to 17:00 17:00 to 19:00 15:00 to 23:00 23:00 to 01:00 01:00 to 03:00 (2 hours guaranteed) (2 hours guaranteed)

F) Bulk and Bulk-Contrecoeur Sectors

Work Period Extension for ship only Extension for ship only

07:00 to 15:00 15:00 to 17:00 17:00 to 19:00 15:00 to 23:00 23:00 to 01:00 01:00 to 03:00 23:00 to 07:00 07:00 to 09:00 09:00 to 11:00 (2 hours guaranteed) (up to a maximum of 2 guaranteed hours)

Rest Period: A 15-minute rest period for each four (4)-hour work period for employees who have no relief.

Meal Period: 20 minutes between 11:00 and 12:00 20 minutes between 17:30 and 18:30 20 minutes between 02:30 and 03:30

When using these work periods, it is agreed that the manpower described in Article 9.15 b) will apply for any work linked to the loading or unloading of a bulk ship requiring continuous work of more than four (4) hours.

G) The work periods for employees working in the Bulk and Bulk-Contrecoeur Sectors may be delayed by one (1) hour without any change to the hourly rate.

If the employer takes advantage of the delayed work period, he cannot combine two (2) work periods during a same shift.

H) Work on Passenger Ships

Work Period Rest Period Meal Period

08:00 to 13:00 10:00 to 10:30 13:00 to 14:00 14:00 to 16:30*

16:30 to 21:30 18:30 to 19:00 21:30 to 22:30 22:30 to 01:00*

* Extension to finish only

i.e. 16:30 to 17:30 01:00 to 02:00 (1 hour guaranteed)

17:30 to 21:00 02:00 to 05:30 (4 hours guaranteed)

14.04 Coastal and Passenger Ships a) Assignments for coastal and passenger operations as well as terminal work linked to coastal operations only will include a guarantee of four (4) hours for three and one-half (3-1/2) consecutive hours of work, except when Articles 24.05 b) and 24.05 c) apply. These assignments may begin at 07:00, 11:00, 11:30, 12:00, 13:00 and 17:00 There are no extensions at the end of these four (4) hour assignments. b) An employee can receive only one four (4) hour assignment for the following day from the dispatch centre at any one time. c) Notwithstanding the above, work on passenger ships may also be assigned according to the 08:00 to 12:00 and 13:00 to 17:00 work schedule described below. The rest period may be moved to the end of the shift.

Work Period Rest Period Meal Period

08:00 to 12:00 09:30 to 10:00 12:00 to 13:00 13:00 to 17:00* 14:45 to 15:15

14.05

Notwithstanding the above, the work period for employees assigned on passenger ships may be advanced or delayed for up to sixty (60) minutes. Calls for this type of assignment will include a guarantee of four (4) hours. When the starting time is advanced or delayed, the meal hour and the start of the next four (4) hour work period will also be shifted forward or backward for the same period of time.

Periods of work for employees assigned to all coastal operations provided for in article 14 may be delayed by one hour. A call for this type of operation includes a guarantee of four (4) hours or of eight (8) hours, as the case may be. Thus when there is delay in a work shift that includes a meal period, the meal hour and the break(s) are also delayed for the same period of time.

14.06

There must be a minimum rest period of ten (10) hours between the end of a work period and the beginning of another work period. However, following shift work in a container terminal, for ocean and coastal cargoes as well as for coastal-container assignments of four (4) hours, and for all assignments beginning on the midnight shift, this rest period will be for a minimum of twelve (12) hours. The limit in both cases does not apply in cases of fishing assignments. However, during the regular dispatch from Sunday night to Monday morning, the minimum rest period for employees of the first reserve pool is of eight (8) hours, as provided for in article 16.01.

14.07

If, during a work period, including an extension to finish, unfavourable climatic conditions or a breakdown of a piece of machinery essential to the work in progress or a power failure prevent the finishing of a ship expected during that work period, the employer may require the necessary manpower to continue to load or unload the ship on the next shift by so informing the Union. These hours of work will be assigned during the second (2nd) fishing dispatch between 05:00 and 06:00.

This required manpower may also be assigned directly from the hiring hall before the beginning of the work period. These hours of work thus assigned (8 hours of guarantee) are fishing hours, except for those employees who had originally been assigned at the hiring hall for the 07:00 shift and who, ultimately, are assigned to this operation.

14.08

An extension to finish may be used even if the securing of the ship has not yet begun or is ongoing.

14.09

Crane operators (except ship’s cranes) can be required to begin one (1) hour before the beginning of the work period.

14.10

It will be possible for the employer to order extras through the hiring hall if, during a work period, circumstances beyond the employer's control occur.

14.11 Salt Delivery

Notwithstanding the regulations stipulated in Articles 8, 17.01 and 20.13, employees required to deliver salt during the winter season may be assigned in accordance with the provisions of Article 14.12. This work is on a voluntary basis.

These assignments include a minimum guarantee of eight (8) hours and hours worked are not included in job security calculations.

14.12

The procedure for the delivery of salt stipulated in the present collective agreement in Article 14.11 is intended for employees who have LCHAR in primary and in secondary. a) The priority list for calls is established as follows for each of the periods during which there is the possibility of salt delivery for the winter:

SUMMER SEASON

The priority list established by seniority for the two (2) first weeks and afterwards by inverse order of converted hours;

If of equal value, seniority prevails.

WINTER SEASON

Priority : 1. Regular – Winter List “B”; 2. Regular – Winter List “A”

The priority list established by seniority for the two (2) first weeks and afterwards by inverse order of converted hours;

If of equal value, seniority prevails. b) If there is a shortage among the volunteer LCHAR in primary and in secondary, the employer may then assign to work any other manpower.

The call procedure for salt delivery applies at all times, including non-working statutory holidays and union meetings (port closed), if required;

Calls to voluntary LCHAR are done directly by the superintendents or other management personnel of Logistec and must respect the call priority lists.

Voluntary employees are limited to only one fishing call per week, except if their status allows them to be called more than once (vacations, winter group “B”, etc.) c) A minimum guarantee of eight (8) hours applies to these calls.

The company may prolong the initial eight (8) hour period by one (1) additional period of four (4) hours, for a maximum of twelve (12) hours.

The schedule for rest and meal periods for the Bulk Sector are used for the initial eight (8) hour period.

A thirty (30) minute rest period is given prior to the additional four (4) hour period.

The work schedules for the eight (8) hour work periods are as follows:

07:00 to 15:00 11:00 to 19:00 15:00 to 23:00 19:00 to 03:00 23:00 to 07:00 03:00 to 11:00

The employees are remunerated according to applicable rates stipulated in Appendix “C” of the present collective agreement for each four (4) hour segment. d) Calls are strictly limited to the delivery of salt, except that employees may be called to free of snow their worksite and the area where salt is handled, in the case of calls during the night or if there is no work period already assigned during that shift.

e) The call lists are applicable from Sunday to Saturday.

The call lists are posted in the employees’ restrooms of the Bulk Sector beginning on Friday.

It will be the longshoreman’s responsibility to notify if he has already received a fishing assignment in that week or if he is still on the 10- or 12-hour rest period required between two (2) assignments. f) Voluntary employees may give additional telephone numbers such as pagers, cellular phones, etc.

Employees may add or subtract their name from that list at any time. When the name of a longshoreman is added, he is considered to have been put on the list on the Sunday following his request, if his request is made before Thursday morning. The employee whose name is added to the list will be given the average number of hours worked by the other employees on the list so that he may find himself in the middle of the list. g) Longshoremen with LCHAR in primary and in secondary are contacted beginning on October 15 by M.E.A. personnel who will ask them if there are interested in being contacted at all times for voluntary fishing assignments on salt for the winter salt delivery period. The procedure is explained to them and, if they have any additional questions, they are referred to the union representative. The lists are ready on the last Friday of October and take effect on the first Sunday of November each year.

ARTICLE 15

JOB SECURITY PLAN

15.01 a) Each employee whose name appears on the list in Group I of Appendix "A" is guaranteed the equivalent of sixteen hundred (1,600) hours over a forty (40) week period ending the last Saturday in December each year. b) Each employee whose name appears on the list in Group II of Appendix “A” is guaranteed the equivalent of one thousand four hundred and forty (1440) hours over a forty (40) week period ending on the last Saturday of December 2010 and 2011.

Employees in Group II are covered by a weekly guarantee of thirty-six (36) hours during the forty (40) weeks ending on the last Saturday of December 2011. Afterwards, the weekly guarantee will continue according to the following conditions:

1. Beginning in 2012, the weekly job security of employees in Group II will be revised every three (3) months in accordance with the following stipulations:

i) When the total number of hours for the last twelve (12) months is greater than the hours in the year of reference 2009, the difference divided by one thousand six hundred (1600) hours will indicate the number of employees obtaining job security as provided in Article 15.01 a).

ii) Should the number of hours be lower than in the year of reference 2009, the number of employees remaining covered by the 1440-hour job security, weekly guarantee of thirty-six (36) hours during the forty (40) weeks ending on the last Saturday of December, will be maintained.

2. Notwithstanding the foregoing, the employee who accedes to the provisions of Article 15.01 a), as a result of the calculation stipulated in the preceding paragraph 1 i), will retain this guarantee and will no longer be subject to the provisions of Article 15.01 b).

3. The year of reference upon which the calculations are based is the calendar year 2009. The hours of work are those worked from Monday to Friday by regular employees, permanent employees, those in the second reserve pool, those on the availability list, the trainees and white cards. The number of hours of work from Monday to Friday for the calendar year 2009 is set at 1,159,605 hours.

4. Starting in 2012, any employee of Group II whose seniority is inferior or equal to 760 is covered by a work guarantee of one thousand six hundred hours (1600 hours) as provided for in article 15.01 a).

c) It is understood that all employees of Appendix “A” that are identified as not entitled to job security, as well as employees who were part of the first reserve pool before the 31st of December 2012 and that accede to job security after the signature of the collective agreement, make up group III of Appendix “A”.

Job security for group III employees is set out according to the following stipulations:

1) One (1) to nine (9) years inclusively on the job security plan:

Each employee of Group III who has from one (1) to nine (9) years inclusively on the job security plan is guaranteed the equivalent of one thousand four hundred and forty (1,440) hours. These employees are covered by a weekly guarantee of thirty-six (36) hours spread out over six (6) days, from Monday to Saturday inclusively, during a period stretching out over forty (40) weeks and ending on the last Saturday of December of each year.

2) Ten (10) years and more on the job security plan:

Each employee of Group III who has completed nine (9) years on the job security plan is guaranteed the equivalent of one thousand six hundred (1600) hours. These employees are covered by a weekly guarantee of forty (40) hours spread out over five (5) days, from Monday to Friday, during a period stretching out over forty (40) weeks and ending on the last Saturday of December of each year. d) It is agreed that all employees acceding to job security after the signing of the collective agreement other than those defined in the preceding paragraph will be part of Group IV of Appendix “A”.

1. The job security of employees in Group IV is established in accordance with the following stipulations:

1) One (1) to four (4) years inclusively on the job security plan:

Each employee of Group IV who has from one (1) to four (4) years inclusively on the job security plan is guaranteed the equivalent of one thousand two hundred and eighty (1280) hours. These employees are covered by a weekly guarantee of thirty- two (32) hours spread out over six (6) days, from Monday to Saturday inclusively, during a period stretching out over forty (40) weeks and ending on the last Saturday of December of each year.

2) Five (5) to nine (9) years inclusively on the job security plan:

Each employee of Group IV who has from five (5) to nine (9) years inclusively on the job security plan is guaranteed the equivalent of one thousand four hundred and forty (1440) hours. These employees are covered by a weekly guarantee of thirty- six (36) hours spread out over six (6) days, from Monday to Saturday inclusively, during a period stretching out over forty (40) weeks and ending on the last Saturday of December of each year.

3) Ten (10) years and more on the job security plan:

Each employee of Group IV who has completed nine (9) years on the job security plan is guaranteed the equivalent of one thousand six hundred (1600) hours. These employees are covered by a weekly guarantee of forty (40) hours spread out over five (5) days, from Monday to Friday, during a period stretching out over forty (40) weeks and ending on the last Saturday of December of each year.

15.02

For the purposes of calculation, one (1) hour worked or offered counts as one (1) hour, whatever the applicable wage rate. Furthermore, all hours worked or offered from Monday to Friday, from Monday to Saturday inclusively or from Sunday to Saturday inclusively, as the case may be, inclusively during the forty (40) weeks of the job security guarantee will count in determining the level of guarantee. However, fishing hours worked on a voluntary basis as well as extension hours will not count.

Employees are limited to one fishing assignment per week, with the exception of employees on vacation. However, the latter will be allowed to flaunt the ten (10) and twelve (12) hour rest period rule only once a week between assignments. The fishing week for employees on vacation begins on Sunday and ends on Saturday.

15.03

The guarantees referred to in Article 15.01 a), b), c) and d) shall be reduced for any reason of unavailability, including the following: a) statutory holidays to a maximum of eight (8) hours per day; b) vacations of forty (40) hours per week or thirty-two (32) hours or thirty-six (36) hours, as the case may be; c) the imposition of disciplinary measures to a minimum of eight (8) hours per day, in accordance with the discipline code; d) refusals or absences from work at the rate of not less than four (4) hours or of eight (8) hours per day according to the assignment and, if applicable, in multiples of four (4) hours or of eight (8) hours, from Monday to Friday inclusively, from Monday to Saturday inclusively or from Sunday to Saturday inclusively, as the case may be; e) absences due to long-term disability or an accident at work covered under the C.S.S.T., or accidents covered by La Régie de l'assurance automobile or pursuant to the legislation for compensation of victims of criminal acts, to the extent of not more than eight (8) hours per day and forty (40) hours per week or thirty-two (32) hours or thirty-six (36) hours, as the case may be; f) the case mentioned in Article 15.07 to a maximum of eight (8) hours per day and forty (40) hours per week or thirty-two (32) hours or thirty-six (36) hours, as the case may be.

15.04 Administration

Each employee covered by the job security plan will receive maximum advances equivalent to forty (40) hours per week or thirty-two (32) hours or thirty-six (36) hours, as the case may be, less the deductions referred to in Article 15.03, if applicable. A laid-off employee, as defined in Article 15.08, will not be eligible for advances for each week of lay- off.

15.05

Each week employees receive a statement describing their status in the job security plan.

15.06 Limit of financial liability

The financial liability described in this Article is in no way the personal responsibility of the Directors of the M.E.A. nor the responsibility of the companies they represent within the M.E.A.

15.07

Any case of "force majeure", which totally or partially interrupts operations mentioned in Article 1.09, will release the employer of any obligation pursuant to the job security plan.

15.08

The M.E.A. may, each week, lay-off employees included in Appendix "A" who are covered by the job security plan and who are not required. The status of laid-off employees also applies to each employee included in Appendix "A" who, during a period of seven (7) days, from Sunday to Saturday, has not been assigned to work. The laid-off employees may be recalled subject to a three (3) day notice.

Notwithstanding the preceding paragraph, the M.E.A. will not lay off dispatchable employees whose seniority is between 1 and 450. On the other hand, if among this group some wish to take advantage of the lay-off program, the M.E.A. will consider their request.

Lay-offs are carried out among employees whose seniority is of 451 and above, by prioritizing inverse seniority in each of the primary classifications according to anticipated manpower needs or according to the recommendations of the Classifications Committee. The M.E.A. gives preference to an equitable sharing of the number of weeks of lay-offs during a same period of guarantee, in accordance with the availability of the employees. However, if among this group some would like to take advantage of the lay-off program, the M.E.A. agrees to consider their request.

Nevertheless the M.E.A. will maintain the supplementary Unemployment Benefit Plan, to be applied in cases of lay-off such as described in the preceding paragraph, which would supplement the Employment Insurance benefits up to 100% of the basic remuneration.

On the other hand, during the two weeks of shortage, employees will be remunerated by the M.E.A. the equivalent of thirty-two (32), thirty-six (36) or forty (40) hours in accordance with the level of guarantee, at base pay rate, less the part covered by the employment insurance provided for the third week of lay-off.

The provisions of this supplementary Unemployment Benefit Plan are indicated in the document explaining this Plan which is registered with the Unemployment Insurance Commission, copy of which appears in Appendix "D" of this collective agreement.

Each lay-off period reduces the level of guarantee of each employee for up to eight (8) hours per day and forty (40) hours per week or thirty-two (32) hours or thirty-six (36) hours, as the case may be.

15.09

The job security plan in this collective agreement is based on the eligibility of employees to seasonal unemployment insurance benefits as well as to a supplementary employment benefit plan inherent to our industry.

In the event the government, by its laws or regulations, should abolish one or the other of these plans, the parties agree to reopen this collective agreement in its entirety and it will then be subject to negotiation.

15.10 Special Job Security Plan

1. Any employee covered by the job security plan who wants to adhere to the special job security plan must forward his written request to the employer before November 1st of the year preceding the year in which he wishes to adhere to the special plan;

2. The M.E.A. stipulates the number of employees by primary classification and the total number of employees who can benefit from this special job security plan. The employer accepts in this plan employees on a seniority basis;

3. Each employee who adheres to this special job security plan will be guaranteed the equivalent of eight hundred (800), seven hundred and twenty (720) or six hundred and forty (640) hours according to the level of guarantee during a period of twenty (20) weeks beginning the first Sunday of May;

4. The reduction in guarantee as stipulated in Article 15.03 applies to this special plan, except for the provisions of paragraphs b) and e) of Article 15.03;

5. At the end of the twenty (20) week period, the employee is laid-off for a period of thirty- two (32) weeks without having the right to benefit from the supplementary employment insurance provided in Appendix "D"; 53

6. The employee who adheres to this special plan will not be eligible to receive the weeks of vacation provided for in the collective agreement but will receive for that work period a vacation pay equivalent to the applicable vacation percentage;

7. The employee who no longer wishes to benefit from this plan must advise the employer in writing before October 1st of the year preceding the year in which he wishes to withdraw from the plan.

ARTICLE 16

FIRST RESERVE POOL

16.01

The list of employees on the first reserve pool has a maximum of ninety (90) employees.

The first reserve pool employees are divided into three (3) equal thirds (week A, week B, week C). On a weekly base, from Monday to Friday inclusively, each third is assigned, on a rotating basis, and by priority to a day shift (special schedule at 06:00, 07:00, 08:00, 11:00, 11:30, 12:00 and 13:00) with applicable extensions, if applicable.

The rest period between two regular assignments from Sunday night to Monday morning for employees of the first reserve pool is of eight (8) hours.

Employees who are part of the first reserve pool are not eligible for regular dispatch on the Sunday night shift.

16.02

Employees who are part of the first reserve pool must be available during all of the twenty (20) week summer season beginning the first Sunday of May of each year.

In return for this availability, members of the first reserve pool are assured a minimum of nine hundred (900) hours of work or offered during the fifty-two (52) week period ending the last Saturday of December of each year.

Employees who have not accumulated 1,280 hours of work have priority of assignment. This rule applies until employees of the first reserve pool have accumulated 900 hours worked or offered.

16.03

An employee of the first reserve pool may hold the secondary classification of Operator of loader on wheels pursuant to a posting not filled by an employee covered by the job security plan. A sufficient number will be established by the classification committee through the manpower plan. Positions that are not filled will be awarded to employees of the first reserve pool by seniority and on a voluntary basis.

16.04

During the twenty (20) week summer period, the employee of the first reserve pool who is absent for more than three (3) days during one month is automatically considered as an employee that has already accumulated one hundred two thousand eighty (1,280) hours, except if the employee is absent as a result of an accident at work, a medical examination, any of the reasons provided in Article 17.05, or a disciplinary measure provided in the collective agreement. .

The employee who is replaced automatically loses the benefit provided in Article 16.02 and can render himself dispatchable for the twenty (20) week summer period. He can also render himself available for fishing each day and maintains his rank to become eligible for job security.

During the summer season, the employee of the first reserve pool who works during nineteen (19) consecutive days has the right to two (2) consecutive days of rest to be taken during the next days of the week (Monday to Friday) following the nineteenth (19th) day.

Outside the twenty (20) week summer period, the employee of the first reserve pool is subject to the same rules concerning absenteeism as the rest of the longshoremen covered by the job security plan.

16.05

Hours worked or offered mentioned in Article 16.02 include statutory holidays at the rate of eight (8) hours per day if the latter is paid to the employee; disciplinary measures will be imposed at the rate of a minimum of eight (8) hours per day, in accordance with the Discipline Code; refusals to or absences from work are deducted at the rate of no less than four (4) hours or eight (8) hours per day depending on the assignment and, if applicable, in multiple of four (4) hours or of eight (8) hours; absences from work due to long-term illness or an accident at work covered under the C.S.S.T., or accidents covered by La Régie de l'assurance automobile or pursuant to the legislation for compensation of victims of criminal acts, at the rate of no more than eight (8) hours per day for the days when the employee would have been assigned; the case provided for in Article 16.08 at the rate of no more than eight (8) hours per days.

16.06 Administration

Any employee of the first reserve pool who is eligible to the benefit provided in Article 16.02 receives a maximum amount equal to nine hundred (900) hours of work less the hours stipulated in Article 16.05 on the first Thursday following the fifty-two (52) week period mentioned in Article 16.01.

16.07 Limit of Financial Liability

The financial liability described in this Article is in no way the personal responsibility of the Directors of the M.E.A. nor the responsibility of the companies they represent within the M.E.A.

16.08

Any case of "force majeure", which totally or partially interrupts operations mentioned in Article 1.09, will release the employer of any obligation pursuant to the job security plan.

16.09

Before noon on Thursday of each week, the M.E.A. will supply the Union, for employees of the first reserve pool, the list of hours worked or offered used to calculate the provisions of Article 16.06.

ARTICLE 17

STATUTORY HOLIDAYS

17.01 Under the terms of the present collective agreement, the following are statutory holidays: 1. New Year's Day (non-working) 2. Good Friday 3. Victoria Day 4. St-Jean Baptiste Day (non-working) 5. Canada Day 6. Labour Day (non-working) 7. Thanksgiving Day 8. Remembrance Day 9. December 24 (non-working) 10. Christmas Day (non-working) 11. December 26 12. December 31 (non-working)

Notwithstanding the preceding paragraph, the loading and unloading of passenger vessels can be done during non-working statutory holidays.

17.02

Should any of these statutory holidays fall on a Saturday or a Sunday, the following working day will be considered as a statutory holiday under the terms of this Article.

When two of these statutory holidays fall on a consecutive Saturday and Sunday, the Saturday statutory holiday will be transferred to the first following working day and the Sunday statutory holiday will be transferred to the following second working day. Under the terms of this Article, said working days will be considered statutory holidays.

Should any of these statutory holidays fall on another day of the week and the following Monday is proclaimed a holiday by the Government, said Monday will be considered a statutory holiday.

17.03

When an employee returns to work following an employment injury, an illness, or due to an accident which is or has been covered by the Welfare Plan or by Employment Insurance, the hours lost will be considered as hours worked in accordance with Section 19 of the document entitled: "Canada Labour Standards Regulations."

Moreover, hours lost that are justified by a maternity leave, a parental leave or by a precautionary cessation of work of a pregnant woman as stipulated in Article 29, are also considered as hours worked in accordance with this same regulation.

17.04

For the purpose of this Article, annual holidays will be considered as a period worked; in other words, if an employee is on holiday during the period qualifying for the benefits of a statutory holiday, he will be considered as not having ceased work and, if a statutory holiday should fall during his vacation period, he will be paid for this statutory holiday.

17.05

The employer will follow Part III of the Canada Labour Code for various absences or social holidays which are therein authorized, keeping in mind the applicable exemptions pursuant to the present collective agreement.

However, should a close relative die, the employee will be granted three (3) days off within ten (10) days following the date of the relative's passing.

17.06 Each year, dispatchable employees covered by the job security plan are allowed five (5) unpaid days off that are subject to the conditions stipulated in Appendix “H”.

ARTICLE 18

PENSION & WELFARE

18.01 a) The employer will contribute to the social security plan which provides pension and welfare benefits, for each member of the Union covered by the job security plan, the following amounts for each acknowledged hour as provided in Article 18.01 b).

Notwithstanding the preceding paragraph, the employer will only contribute the amounts provided for actuarial deficit (pension), special hourly contribution (pension), pension and welfare for Union members who are members of the reserve pool for maintenance employees at the signing of the present collective agreement as well as for employees who are included in Letter of Intent 9.

Notwithstanding the preceding paragraph, the employer will only contribute the amount provided for actuarial deficit (pension) special hourly contribution (pension), and the amount for pension for Union members of the first reserve pool. However, the employer will contribute to the Social Security Plan a corresponding amount respectively at 50%, 75% and 100 % of the welfare amount during the first, second and third year of service.

For employees of the first reserve pool, “year of service” means a period of one (1) year (12 months) beginning with the date of admission into the first reserve pool.

For the year 2013:

January 1 to June 30, 2013:

Co-insurance for Pension Welfare retirees $ 6.49 $ 3.09 $ 0.48

July 1 to December 31, 2013:

Co-insurance for Pension Welfare retirees $ 6.55 $ 3.12 $ 0.49

For the year 2014:

Co-insurance for Pension Welfare retirees $ 6.67 $ 3.17 $ 0.50

For the year 2015:

Co-insurance for Pension Welfare retirees $ 6.80 $ 3.23 $ 0,51

For the year 2016:

Co-insurance for Pension Welfare retirees $ 6.94 $ 3.29 $0.52

For the year 2017:

Co-insurance for Pension Welfare retirees $7.07 $ 3.36 $ 0.53

For the year 2018 (minimum 2%):

Co-insurance for Pension Welfare retirees $ 7,22 $ 3.43 $ 0.54 or increase according to the CPI * (maximum 3%) $ 7.29 $ $ 3.46 $ 0.55

(*) See interim provisions – various provisions

To finance the life insurance program, the M.E.A. agrees to pay for each employee covered by the job security plan, at the signing of the collective agreement, a sum of $4,000, when the employee reaches 65 years of age. When an employee chooses to continue to be covered by the job security plan until December 31 of the year in which he has reached 65 years of age, the amount will become due and payable on December 31.

i) To help cover the actuarial deficit (pension) revealed by the actuarial valuation of December 31, 2011, the M.E.A. remits a monthly, until the 31st of December 2013, an amount corresponding to $0.50 an hour in accordance with the terms and conditions stipulated in the Letter of Intent No. 11 concerning the actuarial deficit.

Starting on the 1st of January 2014, the M.E.A. will make a monthly payment corresponding to $0.75 an hour in accordance with the terms and condition stipulated in the Letter of Intent No. 11 concerning the actuarial deficit.

ii) Starting in April 2013, the M.E.A. will make an additional special hourly contribution to the longshoremen’s social security plan each month. This hourly contribution is in the amount of $0.32 and will stop being paid once the amount of $5,375,000 is reached. b) Acknowledged Hours

Acknowledged hours are the sum of hours worked as well as equivalent hours.

Hours worked are those which are effectively worked or those that are paid by the job security plan in accordance with Articles 15 and 20 of the collective agreement.

Equivalent hours are:

i) Hours of lay-off - are those for which supplementary unemployment insurance benefits are paid (PSAC) during a lay-off and those corresponding to hours guaranteed by the job security plan;

ii) Hours off work (CSST) - are those for which CSST benefits are paid and which correspond to hours guaranteed by the job security plan;

iii) Hours off due to disability - are those for which disability benefits are paid by the Welfare Plan or by Human Resources and Skills Development Canada (HRSDC) or the Société de l’assurance-automobile du Québec (SAAQ) and which correspond to hours guaranteed by the job security plan;

The Union will supply the employer with a monthly list of employees absent due to disability. The list will indicate the dates on which the absence due to disability began and when it is due to end for each employee listed;

iv) Hours on Union business - are those for which the employee has been freed for Union business after approval has been received from the M.E.A. or hours for which the employee acts as a permanent employee with the Union or with the Social Security Plan. If the employee is freed for a period of seven (7) days from Sunday to Saturday, he is considered as a permanent employee.

The Union will supply the employer with a monthly list of employees freed to act as permanent employees with the Union or with the Social Security Plan as well as the hours for each of them.

18.02

The employer will contribute to the Union's Social Security Plan, on a monthly basis, the amounts provided in Articles 18.01 a) and 18.01 b) on the second Thursday following the last Saturday of each month.

18.03

The Social Security Plan will be registered under the Pension Benefits Standards Act and accepted by Revenue Canada for tax purposes. It is administered in accordance with all applicable government legislation.

18.04

It is agreed that the contributions made specifically by the employer, as provided in Article 18.01, will be used exclusively to provide for Pension and Welfare benefits. Welfare benefits must be limited to providing protection for employees or their dependants in case of death, disability, illness or injury, or any other health care given by a health professional and which is not covered by government health plans.

18.05

The Social Security Plan will continue to be administered by trustees appointed by the Union. The employer will receive copies of all official documents concerning said fund in trust, including the financial statements of income and expenditures.

18.06

It is agreed that, since the Social Security Plan is administered by trustees appointed by the Union, the employer is automatically relieved, ipso facto, of all responsibility deriving from the Social Security Plan.

18.07

It is further agreed that the very fact of contributing to the Social Security Plan, as provided for in Articles 18.01 a) and 18.01 b), relieves the employer of any obligation as regards the use of these funds. All responsibility concerning the administration and use of all moneys received, as provided for by this provision, rests entirely with the Union.

18.08

It is agreed that the trustees for the Union's Social Security Plan shall immediately inform the M.E.A. when an employee covered by this collective agreement claims disability benefits from the Welfare Plan, or when an employee decides to retire or take early-retirement.

Said information shall be given by telephone on the same day and a copy of the documents, attesting what step or steps were taken by the employee, will be forwarded to the M.E.A.

ARTICLE 19

CLASSIFICATIONS and TRAINING

For the purpose of this Article, seniority applies exclusively to employees included in Appendix "A".

19.01 CLASSIFICATIONS a) The classifications described hereafter, subject to the provisions of Article 8, are used by the employer to classify employees in primary and secondary classifications, in accordance with the provisions stipulated for the Classification Committee:

CODE CLASSIFICATIONS

Cranes

Gantry cranes

OPONE Gantry crane operator Empire OPONR Gantry crane operator Racine SGANT Gantry crane operator Termont TAGAN Gantry crane operator Cast

Gantry cranes bulk

CTOUR Employee and tower mechanic/oiler Contrecoeur CTMEC Maintenance – major repairs to the tower Contrecoeur

Mobile cranes

GRUEM Mobile crane operator Empire GRULO Mobile crane operator Logistec LOGRU Mobile crane operator Logistec

Ship’s cranes

OGBOR Ship’s crane operator TREUL Winch operator

Transtainers

OPROJ Transtainer operator – day Cast OPROL Transtainer operator Cast TRANJ Transtainer operator – day Racine TRANR Transtainer operator Racine TRANS Transtainer operator Termont TRNSJ Transtainer operator - day Termont

Lift trucks

CTOP Top handler operator Cast CTOPJ Top handler operator – day Cast ETOP Top handler operator Empire FRONJ Front end loader operator – day Termont FRONT Front end loader operator Termont LETRO Letroporter Operator Empire OBLOC Lift truck operator 13t. and less and working on blocks OFRUIT Lift truck operator for fruit Logistec OTASK Lift truck operator 13 t. and + Cast OTREM Lift truck operator 13 t. and + Empire OTRLO Lift truck operator 13 t. and + Logistec 61

OTRRA Lift truck operator 13 t. and + Racine OTRTR Lift truck operator 13 t. and + PLIFT Lift truck operator 13 t. and less in the hold RVIDJ Lift truck operator for empty containers - Racine day RTOP Top handler operator Racine RTOPJ Top handler operator - day Racine TSTAK Reach stacker operator Termont TSTKJ Reach stacker operator – day Termont

Signalmen

CATSI Gantry crane signalman Cast LOCOU Hatch employee Logistec Bulk LSUN Signalman self-unloading ship Logistec Bulk SGNGM Mobile crane signalman SGNGP Mobile crane signalman in priority SGSAG Mobile crane signalman for passenger ships SIGRA Gantry crane signalman Racine SPONE Gantry crane signalman Empire SPORT Gantry crane signalman Termont

Dockmen

HQUAI Dockman Logistec Bulk

Trucks

CATRA Truck operator Cast CHASI Truck operator Termont EMTRU Truck operator Empire OTUGM Truck operator RATRU Truck operator Racine RECUL Truck operator for Ro-Ro ships Empire

Loaders

CCHAR Operator of loader on wheels Contrecoeur CTRAC Bulldozer operator Contrecoeur LCHAR Operator of loader on wheels Logistec Bulk LTRAC Bulldozer operator Logistec Bulk

Hydraulic shovels

CPELL Hydraulic shovel operator Contrecoeur LPELL Hydraulic shovel operator Logistec Bulk

Conveyors

CPREP Employee on loading / conveyor Contrecoeur LCONV Conveyor operator Logistec Bulk

Foremen and Walking Bosses

CM Conventional cargo foreman CMA Coastal foreman Empire CMC Carpenter foreman CMCA Foreman Cast CMG Grain foreman CMR Foreman Racine CMSAG Foreman – passenger ships CMT Foreman Termont GCMC Walking Boss Contrecoeur GCMCA Walking Boss Cast GCMEM Walking Boss Empire GCMET Walking boss – terminal Empire GCMLO Walking boss Logistec GCMRA Walking boss Racine GCMTE Walking boss Termont GCMLV Walking boss Bulk Logistec Bulk GCMTV Walking boss Bulk terminal Logistec Bulk

Manual labour

AMAR Linesman BARRE Lock employee CAID Aide Contrecoeur CHARP Carpenter ELING Slingman EPAND Spreader Logistec Bulk GRAIN Employee on grain INCAS Container inspector- Cast INSCT Container inspector - Racine LCOUR Yardman Logistec Bulk OLASH Lasher OSAC Bagger Empire PASAG Passenger ship employee PCALE Hold employee PECON Hold employee – container PGREM Tackle employee Empire PGRLO Tackle employee Logistec SCHRP Carpenter - fishing WAGON Railcar employee Logistec Bulk

Clerical Work

VESTO Stowage checker Empire CVERI Checker Contrecoeur

Other classifications

NDISP Employee unavailable for an indefinite period OTUGX Employee with functional limitations – container OTUGY Employee with functional limitations – conventional, bulk and Contrecoeur

N.B. Maintenance classifications are indicated in Article 28.

b) Each employee is given classifications for which he can qualify, subject to the provisions of Article 8. c) The employer may demand that employees holding classifications that require certain physical aptitudes submit on a regular basis to a medical examination, including an eye exam.

19.02 UNION OFFICER ON TRAINING

An annual bank of some two thousand four hundred and ninety six (2496) hours payable at one and a half the basic rate is made available to the Union to allow the union officer on training to do his work.

19.03 OCCUPATIONAL TRAINING

The employer agrees that occupational training is required in order to insure full employment, a better utilization of the workforce, to prepare relief workers and to be able to deal with technological changes and new operations. The employer will therefore establish an occupational training program for employees included in Appendix "A" and the reserve pool.

The employer agrees to train in advance a sufficient number of workers so that no non- member will be required for work covered by this agreement. To this end, the Maritime Employers Association will use trainers supplied by the Union and taken from the bargaining unit.

1. TRAINING PROGRAM a) The occupational training program is comprised of various training programs which apply, when required, to existing or future classifications. Each training program will outline in detail the training to be done including the methods to be used, the content of the courses, the number of hours spent on theory and on practice, the duration of the courses as well as the methods used to evaluate participants. b) A training committee will be formed. This committee will include two (2) representatives of each party and its mission will be to counsel the M.E.A. on the planning and implementation of occupational training courses. c) Each training program is submitted to the Union in advance through the training committee. The Union will give the names of employees wishing to become trainers. The training program mentioned in paragraph a) will then be given to the training committee so that it may study and comment on its content. The longshoremen-trainers in the classification for which the courses are being planned or longshoremen who have acquired specific experience in this classification may be invited to be part of the committee on an ad hoc basis; d) The training committee will comment on all aspects of the proposed course and, if required, will suggest modifications to the course; e) After having received the training committee's comments and suggestions, or if no comments are received within 15 working days, the M.E.A. will finalize the preparation of the training course and will give a copy to the training committee. f) The training committee will, if so requested by the parties, revise a training course or propose modifications to said course. g) Once the M.E.A. determines that a proficiency course is required in a classification, the process provided in these sub-paragraphs will apply when implementing a proficiency course. h) When the M.E.A. realizes that some training will be required following a technological change, a new operation or a new method of work, the process provided in these sub- paragraphs will apply.

i) The Maritime Employers Association may, when it deems it necessary, submit an employee who already has a classification to a refresher course when this employee has not worked in that classification for a certain length of time.

2. SELECTION PROCESS a) When training is required as a result of an opening within a classification or following the realization that future training will be required in a classification, the M.E.A. will post the training program and include:

- the type of training, the nature and duration of the training program;

- the obligation of having to take a medical examination, solely for classifications needing a specific physical requirement to operate the equipment;

Moreover, certain classifications may require that an employee submit on a regular basis to an eye exam.

The notice will be posted during seven (7) working days in rest rooms, workshops, the various sectors, and the hiring hall. b) Any refusal as a result of failing the medical examination, as the case may be, may be contested by the employee or the Union by submitting to the employer a medical examination report from the employee's own physician.

In case of disagreement between the two (2) physicians, the latter will submit the case to a physician of their choice whose opinion will be binding. c) Candidates for training courses are chosen according to seniority among applicants with the employee with the most seniority being chosen first. d) If there is an insufficient number of applicants after having posted the training program notice, the M.E.A. may fulfil its needs by choosing candidates by inverse order of seniority; e) These sub-paragraphs dealing with the selection process do not apply to proficiency courses described in Article 19.03 1) g).

3. TRAINING PROCESS a) The employee whose application has been accepted following the selection process described in sub-paragraph 2) will not be available for dispatch in order to participate in the training process.

In order to accelerate the training process, the employee accepted will see his shift (day) modified so that it may coincide with that of his trainer.

Should the training process be suspended or should there be a shortage in the candidate's primary classification, the employee in training may temporarily be reintegrated into the dispatch system in his primary classification as well as his original shift. b) As pertains to this collective agreement, the hours spent in training are considered as hours worked. c) The employee who has successfully completed all phases of the training process will be given, during the adaptation period, the primary classification for which he applied.

The adaptation period lasts for two hundred and forty (240) hours of work.

The employer will communicate on a regular basis with the employee during his period of adaptation in order to keep him abreast of his progress.

Should a difficult situation occur concerning an employee’s training during his period of adaptation, the parties undertake to meet in order to find solutions that will prevent, if possible, the application of the following paragraph d).

The resource person hired as such by the M.E.A. in consultation with the Union trainer will be the sole person to judge whether the employee has successfully completed his training course; d) Should the employee fail the training course, either at the end of said course or during the period of adaptation, the employee will be reintegrated into the dispatch system according to his primary classification;

The employer's decision may be submitted to arbitration in accordance with the provisions of Article 5 and the burden of proof will lie with the employer.

4. TRAINER a) The Union will supply the names of employees wishing to become trainers; b) The employee who accepts to become a trainer must possess: - the experience and competence required in this classification; - the skill to transmit the information; - the capability of evaluating the results. c) The employee accepted as trainer must submit to a training process to become an adult trainer; d) The employee who becomes a trainer will be taken off the dispatch during this period.

Should the training process be suspended or should there be a shortage in the employee's primary classification, the employee trainer may temporarily be reintegrated into the dispatch system in his primary classification. e) The hourly wage rate for trainers is one and one half times the basic rate for the day shift, and twice the basic rate for the evening shift, the night shift, weekends and statutory holidays.

19.04

The provisions of Article 19.03 apply as well in cases of training at the secondary level.

19.05

Any employee who has been temporarily promoted or has been nominated to a position within the Union will have the right to reintegrate his former employment and classification at the term of said promotion or at the end of his mandate with the Union.

19.06

The employee who does not work sufficiently in a classification he holds may be submitted to a refresher course to update his skills.

ARTICLE 20

WINTER GUARANTEE

20.01

At the beginning of September each year, the employer will set up "A", "B" and "C" lists of employees in accordance with the provisions of the following articles.

20.02 a) Once the procedure described in Article 20.03 has been completed, the employer will establish its Winter "A" list, which will comprise between six hundred and fifty (650) and seven hundred and twenty-five (725) employees and will be based on the number of employees calculated for the preceding summer season, less one hundred (100);; b) The applicable criteria to establish the Winter "A" list will be the employees' seniority.

20.03

In order to establish the Winter "C" list, the Union will submit at the end of period 40 of each year a list containing the names of one hundred (100) employees maximum who, for health reasons, do not wish to work during the winter. This list may be modified before the beginning of the winter guarantee period using the seniority rule.

Once the Winter “C” list has been completed and shortages are anticipated in certain classifications at the primary level the employer may, by means of the M.E.A./Union Classification Committee, replace all or part of the employees in these classifications for the duration of the winter guarantee period.

20.04

Should there be less than one hundred (100) employees who have indicated they do not wish to work during the winter for health reasons, the employer will then establish a "B" list by inverse order of seniority until the difference has been filled.

20.05

Each employee on the "A" list will be guaranteed four hundred and eighty (480) hours or three hundred and eighty-four (384) hours or four hundred and thirty-two (432) hours, as the case may be, for the duration of the twelve (12) weeks of the winter season which immediately follows the period of guarantee provided in Article 15.01.

20.06

For the purpose of calculation, one (1) hour worked or offered counts as one (1) hour whatever the applicable wage rate. Furthermore, all hours worked or offered from Monday to Friday inclusively, from Monday to Saturday inclusively, or from Sunday to Saturday inclusively, as the case may be, count in determining the level of guarantee. However, hours worked on a voluntary basis through fishing as well as hours of extension will not be calculated.

Employees are limited to one fishing assignment per week, except those employees who are on vacation or who are part of the Winter "B" list. The latter will still be allowed to flaunt the ten (10) and twelve (12) hour rest period rule only once a week between assignments. The fishing week for employees on vacation begins on Sunday and ends on Saturday.

20.07

Notwithstanding the above, the guarantees described in Article 20.05 will be reduced for all reasons of non-availability, including the reasons set forth in Article 15.03, as well as those stipulated in Articles 20.11, 20.12 and 20.13.

20.08

Article 15.08 also applies to the winter guarantee but only for employees on the "A" list.

20.09

The administrative procedure covering the winter guarantee is identical to that described in Articles 15.06 and 15.10.

20.10

It is agreed that the limits of the liability described in Articles 15.06 and 15.07 also apply to payments made during the winter season.

20.11

In addition to the provisions of Article 15.07, it is understood that, should a ship be unable to dock because of ice conditions, Management will be released of its obligations with regard to job security.

20.12

Furthermore, Management will also be released of its obligations with regard to job security should an ice-jam close the St. Lawrence River to navigation, thereby preventing any ship from reaching port.

20.13

January 2nd is a non-working day and, as such, is deducted when calculating job security, from Monday to Friday.

20.14

Only the hours effectively worked will be paid to employees whose names appear on the "B" list; these employees do not benefit from the winter job security. Management will endeavour to give work right up to Friday to all employees called to work on Monday.

20.15

The employees included in the "A" and "B" lists must observe all provisions and rules set forth in the collective agreement.

20.16 Special Job Security Plan

The employee who wishes to benefit from this special plan must make the request before December 1st preceding the winter guarantee in question.

This employee, covered by the job security plan, can be laid off according to seniority with no supplementary unemployment insurance benefits (PSAC) from the beginning of the winter guarantee as stipulated in Article 20.05.

The M.E.A. determines the number of employees by primary classification and the total number of employees who can benefit from this program. The employees who participate in this program can be laid off for a period from four (4) to twelve (12) weeks maximum.

Employees benefitting from this particular plan are part of the winter “A” list stipulated in Article 20.02, which does not influence the calculation of the “B” list stipulated at Article 20.04.

ARTICLE 21

PAYROLL

21.01 a) The employers, members of the M.E.A., performing work under this collective agreement are also members of the Maritime Data Center, which acts as a Central Pay Office and issues cheques in payment of the employees' wages, in accordance with the provisions of the present collective agreement. b) The Maritime Data Center will only issue cheques made out to the order of the employees covered by this collective agreement and which necessarily include the right employee number, the social security number, as well as the code identifying the Port of Montreal; c) Despite the preceding paragraphs, cheques issued only for those paycheques which are said to be rejected, paragraph b) will not apply. However, the M.E.A. will inform the Union each week concerning the code used in such cases.

21.02

The distribution of paycheques or cheque stubs for those who prefer direct deposit will take place at the Hiring Hall, except for the Contrecoeur Sector where cheques are sent directly for distribution.

The cheque stub will contain the following information for the work week ending on Saturday: - In the first section, a detailed summary of hours worked and paid at each employer as well as the hours paid by job security;

- In the second section, the hours paid, gross wages, income tax deductions, unemployment insurance, pension, Union dues and other deductions as well as net wages.

All aforementioned information in the second section is also shown cumulated for the year in progress.

- In the third section, a detailed summary of the hours worked at each employer, the hours of non-availability as well as job security calculations for said week;

Information concerning job security calculations is also cumulated for the job security season in progress.

21.03

Management will not deprive the Union of reasonable access to all information related to the present collective agreement. Refusal to do so on the part of Management will be subject to the grievance procedure.

21.04

At the end of each fiscal year, Management will supply the Union with an up-to-date list of all unclaimed paycheques, indicating the name and number of the employee and the amount of these cheques.

21.05

All pay periods will end on Saturday evening at midnight. The distribution of paycheques will take place at the Hiring Hall and will begin no later than 8:30 on the following Thursday.

21.06

The Maritime Data Center and the Maritime Employers Association will forward to the Union by computer system all the information contained in all the sections of the weekly paycheque stubs, including the PSAC stub.

21.07

Management will make deductions on salaries requested by the Union, without charge, on presentation of proof of written consent.

21.08 In cases when the Maritime Date Center must recuperate the amounts that were overpaid to an employee, a maximum of 25% of the employee’s gross salary can be retained at source each week and this until the entire sum that was due has been reimbursed.

ARTICLE 22

LINESMEN

22.01

No less than five (5) employees will be used when docking, releasing or shifting ships, except in the case of passenger vessels under two thousand five hundred (2,500) tons in which case no less than four (4) employees will be used for docking, releasing or shifting ships.

22.02

When employees are standing by awaiting the arrival of a vessel, they may be employed to handle the lines during docking.

During the period of guarantee, employees who have finished their longshoring work on a ship may be assigned to handle lines when the ship is released.

The foreman of a unit who has the preference of "pick" will assign, in turn, the required longshoremen to handle the lines during docking or releasing a ship.

22.03 a) i) Four (4) groups of five (5) regular linesmen will be trained among the employees. Members of said groups will be chosen according to the provisions of Article 19. This does not prevent a company from obtaining employees from the hiring hall, if required. If none are available, the M.E.A. or the leadhand may phone the employees directly at home

ii) Four (4) additional positions as regular linesmen will be created to replace regular linesmen who are unavailable.

iii) The M.E.A. will appoint, after consultation with the Union, a leadhand for each of the four groups of linesmen.

Among other things, the leadhand’s mandate will be to facilitate the coordination of the work of the linesmen who are part of the group of which he is the representative, keeping in mind the regulations in force. b) Regular linesmen are given a communication system (of the pagette type) by which they receive their calls to work. c) The groups of linesmen will alternate on shifts from week to week, one week on shift 1, one week on shift 2, one week on shift 3 and one week on shift 4, etc. d) These groups of linesmen must be available to work each in turn for shift periods of six (6) hours with a guarantee of eight (8) hours remunerated at the wage rates stipulated in Article 22.04. The shift periods are established in accordance with the following tables:

Monday

Shifts Additional hours of Hours of availability in Additional hours of availability priority availability

1 n/a 08:00 to 14:00 14:00 to 16:00

2 10:00 to 14:00 14:00 to 20:00 20:00 to 22:00

3 16:00 to 20:00 20:00 to 02:00 02:00 to 04:00

4 22:00 to 02:00 02:00 to 08:00 08:00 to 10:00

Tuesday to Thursday

Shifts Additional hours of Hours of availability in Additional hours of availability priority availability

1 04:00 to 08:00 08:00 to 14:00 14:00 to 16:00

2 10:00 to 14:00 14:00 to 20:00 20:00 to 22:00

3 16:00 to 20:00 20:00 to 02:00 02:00 to 04:00

4 22:00 to 02:00 02:00 to 08:00 08:00 to 10:00

Friday

Shifts Additional hours of Hours of availability in Additional hours of availability priority availability

1 04:00 to 08:00 08:00 to 14:00 14:00 to 16:00

2 10:00 to 14:00 14:00 to 20:00 20:00 to 22:00

3 16:00 to 20:00 20:00 to 02:00 02:00 to 04:00

4 22:00 to 02:00 02:00 to 08:00 n/a

Saturday and Sunday

Shifts Additional hours of Hours of availability in Additional hours of availability priority availability

1 n/a n/a n/a

2 04:00 to 08:00* 08:00 to 08:00 n/a

3 n/a n/a n/a

4 08:00 to 08:00 n/a 08:00 to 08:00

* : Saturdays only

Note : The additional hours of availability in italic refer to the preceding or subsequent day, as the case may be.

e) i) Employees from the group working on Shift 2 must be available for work on Saturdays and Sundays as well as Fridays from 04:00 to 08:00, in additional hours of availability. These employees will receive a minimum of two (2) hours per ship, remunerated at double the basic wage rate. A guarantee of twelve (12) hours at the applicable rate is granted to the team in priority hours of availability on the weekend.

ii) Employees from the group working on Shift 4 will act as a gang offering additional hours of availability for work on Saturdays and Sundays. They will then receive a minimum of two (2) hours per ship, remunerated at the wage rate stipulated in Article 22.04. f) Linesmen who have worked six (6) hours will never be required to work additional hours in excess of the six (6) hours, except to finish work that has already begun or for unforeseen circumstances. Such additional work will not be remunerated.

g) A list will be drawn up of spare linesmen who will be assigned in rotation when the number of regular linesmen is insufficient for the amount of work to be done. h) It is agreed that the handling of lines also includes the removal or installation of gangways and related work. i) All wages corresponding to the work periods mentioned in Article 22 are guaranteed by the employers. j) Any operation that continues after additional hours of availability, following the regular shift period, is remunerated in blocks of fifteen (15) minutes at the applicable rate. k) From Monday to Friday, employees required to do linesmen work starting prior to hours of availability in priority receive two (2) hours payable at the applicable rate.

22.04 a) The following wage rates will be paid to linesmen:

Weekdays (Monday to Friday, excluding statutory holidays)

Shift 1: 8 hours at basic wage rate + premium of $1.25

Shift 2: 8 hours at basic wage rate + premium of $2.00

Shift 3: 8 hours at basic wage rate + premium of $2.50

Shift 4: 8 hours at basic wage rate + premium of $2.50

Saturdays, Sundays, Statutory Holidays and Union Meetings (Article 14.01):

Double the basic wage rate

The above rates also apply when extra linesmen are assigned. b) The wage rates for leadhands will be as follows:

Weekdays (Mondays to Fridays, excluding statutory holidays):

Shift 1: 8 hours at the basic wage rate + premium of $3.20

Shift 2: 8 hours at the basic wage rate + premium of $3.70

Shift 3: 8 hours at the basic wage rate + premium of $4.20

Shift 4: 8 hours at the basic wage rate + premium of $4.20

Saturdays, Sundays, Statutory Holidays and Union Meetings (Article 14.01):

Double de basic wage rate + premium of $2.50

22.05

At the coming into force of the collective agreement, past practice concerning linesmen operations in the Contrecoeur Sector will continue to apply. a) Not less than six (6) employees may be assigned to handle lines when docking oceanic or coastal vessels and four (4) employees when they are released. a) These employees will receive a minimum wage of four (4) hours at the basic hourly rate or the number of hours effectively worked at twice the regular rate, i.e. the most remunerative wage of the two;

c) During their guaranteed shift, employees may be assigned to handle lines during the docking or releasing of ships.

d) A list of linesmen will be drawn up and will include the names of employees in the Contrecoeur Sector who are interested in working as linesmen. These linesmen will be assigned on a rotation basis to handle lines for docking or releasing ships outside their regular assignment periods.

This list will indicate the cumulative number of hours worked as linesmen, including the hours refused, said refused hours being considered as hours worked by the employees who refused. e) The hours worked to handle lines will be considered as voluntary fishing hours and will be excluded from job security calculations.

22.06

A maximum of four (4) linesmen may leave on vacation simultaneously. However, no more than two (2) linesmen per gang may leave on vacation simultaneously.

22.07

Past practice continues to apply for the supply of clothing or protection equipment.

ARTICLE 23

ANNUAL VACATIONS

23.01

Any employee with more than thirty (30) continuous days, two hundred and fifty (250) hours, and up to fourteen (14) years continuous service will be entitled to a vacation pay equivalent to 7% of his annual salary.

23.02

Any employee with fifteen (15) to nineteen (19) years (inclusively) of continuous service will be entitled to a vacation pay equivalent to 8% of his annual salary.

23.03

Any employee with twenty (20) to twenty-four (24) years (inclusively) of continuous service will be entitled to a vacation pay equivalent to 9% of his annual salary.

23.04

Any employee with twenty-five (25) years of continuous service or more will be entitled to a vacation pay equivalent to 10% of his annual salary.

23.05

Notwithstanding the provisions of Articles 23.01, 23.02, 23.03 and 23.04 above, any employee who, at the signing of the present collective agreement, is covered by the job security plan as stipulated in Articles 15.01 a) or b) and 20.02 or that of the maintenance employees in Article 28 is entitled to a vacation pay as stipulated in the following tables:

Any employee who is covered by the job security plan for less than one year will receive as vacation pay the equivalent of 7% of his salary.

TABLE 1:

Employees Employees covered under Employees covered under Articles 15.01 a) or b) and Article 15.01 a) or b) only 20.02

The highest amount from among The highest amount from among the two following amounts: the two following amounts:

1 to 4 years on job 7% of his annual salary 7% of his annual salary security before period 52 of the or or year when he leaves on vacation the monetary value of four (4) the monetary value of two (2) weeks calculated at the rate of weeks calculated at the rate of thirty-two (32), thirty-six (36) or thirty-two (32), thirty-six (36) or forty (40) hours per week at the forty (40) hours per week at the basic hourly rate. basic hourly rate

TABLE 2:

Employees Employees covered under Employees covered under Articles 15.01 a) or b) and Articles 15.01 a) or b) only 20.02

The highest amount from among The highest amount from among the two following amounts: the two following amounts: 5 to 9 years on job security before 8% of his annual salary 8% of his annual salary period 52 of the year when he or or leaves on vacation the monetary value of four (4) the monetary value of two (2) weeks calculated at the rate of forty weeks calculated at the rate of (40) hours per week at the basic forty (40) hours per week at the hourly rate. basic hourly rate

TABLE 3:

Employees Employees covered under Employees covered under Articles 15.01 a) or b) and Articles 15.01 a) or b) only 20.02

The highest amount from among The highest amount from among the two following amounts: the two following amounts: 10 to 19 years on job security before 10% of his annual salary 10% of his annual salary period 52 of the year when he or or leaves on vacation the monetary value of five (5) the monetary value of three (3) weeks calculated at the rate of forty weeks calculated at the rate of (40) hours per week at the basic forty (40) hours per week at the hourly rate. basic hourly rate

TABLE 4:

Employees Employees covered under Employees covered under Articles 15.01 a) or b) and Articles 15.01 a) or b) only 20.02

The highest amount from among The highest amount from among the two following amounts: the two following amounts: 20 years and over on job security 12% of his annual salary 12% of his annual salary before period 52 of the year when he or or leaves on vacation the monetary value of six (6) weeks the monetary value of four (4) calculated at the rate of forty (40) weeks calculated at the rate of hours per week at the basic hourly forty (40) hours per week at the rate. basic hourly rate

23.06

Employees covered under the job security plan when this present collective agreement comes into force will not receive less vacation benefits than those they held at the signing of this collective agreement.

23.07 a) i) All employees covered by the job security plan as provided in Article 15 will be convened between Period 13 and Period 14 each year to determine their vacation periods for the following summer vacation period;

ii) All employees covered by the job security plan described in Article 20 will be convened between Period 41 and Period 42 each year to determine their vacation period for the following winter vacation period;

iii) All employees covered by the guaranteed hours of work plan for the first reserve pool described in Article 16 will be convened between Period 3 and Period 4 each year to determine their vacation period for the year; b) Management may insist on vacations being taken according to the volume of work in the port and will determine the number of employees who will take their vacation from one period to the other, except for the priority periods of Article 23.09 a) and b); c) Vacations will be given in accordance with seniority and the requirements of each classification, the choice of dates being reserved for senior employees.

23.08 a) For vacation purposes, the summer vacation period is from Period fifteen (15) to Period forty-four (44) and the priority period for summer vacations will be spread over fourteen (14) weeks, the start of which will coincide with the beginning of the twelfth (12th) week of the summer season as provided in Article 15.01. A maximum of forty-five (45) employees may go on vacation each week during the summer vacation priority period. b) For vacation purposes, the winter vacation period is from Period forty-five (45) to Period fourteen (14) and the winter vacation priority period will be spread over sixteen (16) weeks, the start of which will coincide with the Sunday following the last Saturday of November. A maximum of forty-two (42) employees may go on vacation in each week during the winter vacation priority period. c) When the priority vacation periods described in the two preceding paragraphs have been allotted, if weeks of vacation remain available (the maximum having not been attained), employees may, while following the rules of Article 23.08, modify or add to their vacation period by utilizing the available weeks that remain. d) The maximum number of employees who may go on vacation in accordance with paragraphs a) and b) have been determined based on eight hundred (800) employees covered by the job security plan. Should there be a difference in the number of employees covered by the job security plan, then the number of employees who may go on vacation each week will also vary. e) When an employee retires, he may postpone his weeks of vacation to the weeks preceding his retirement. Before postponing his vacation, the employee must present written proof of the official date of his retirement.

23.09 a) Employees who are covered under Tables 1 and 2 of Article 23.05 and by Articles 15.01 a) or b) and 20.02 may, in accordance with seniority, obtain four (4) weeks of vacation during the summer and/or winter vacation period.

These employees are allowed a block of one (1) or two (2) weeks during the summer vacation period and a block of two (2) or three (3) weeks during the winter vacation period, subject to Articles 23.07 and 23.08;

b) Employees, who are covered under Tables 1 and 2 of Article 23.05 and by Articles 15.01 a or b) only, may, in accordance with seniority, obtain two (2) weeks of vacation during the summer vacation period.

These employees are allowed a block of two (2) weeks during the summer vacation period, subject to Articles 23.07 and 23.08;

23.10 a) Employees who are covered under Table 3 of Article 23.05 and by Articles 15.01 a) or b) and 20.02 may, in accordance with seniority, obtain five (5) weeks of vacation during he summer or winter vacation period.

These employees are allowed a block of two (2) or three (3) weeks during the summer vacation period and one block of two (2) or three (3) weeks during the winter vacation period, subject to Articles 23.07 and 23.08; b) Employees, who are covered under Table 3 of Article 23.05 and by Articles 15.01 a) and b) only, may, in accordance with seniority, obtain three (3) weeks of vacation during the summer vacation period;

These employees are allowed a block of two (2) or three (3) weeks during the summer vacation period, subject to Articles 23.07 and 23.08.

23.11 a) Employees who are covered under Table 4 of Article 23.05 and by Articles 15.01 a) or b) and 20.02 may, in accordance with seniority, obtain six (6) weeks of vacation during the summer or winter vacation period;

These employees are allowed three (3) or four (4) weeks during the summer vacation period, subject to Articles 23.07 and 23.08, according to one of the following methods:

i) one block of three (3) weeks, or;

ii) two (2) non-consecutive blocks of two weeks.

These employees are allowed a block of two (2) or three (3) weeks during the winter vacation period. b) Employees who are covered under Table 4 of Article 23.05 and by Articles 15.01 a) or b) only, may, in accordance with seniority, obtain four (4) weeks of vacation during the summer vacation period, subject to Articles 23.07 and 23.08, according to one of the following methods:

i) one block of three (3) weeks, or;

ii) two (2) non-consecutive blocks of two weeks.

23.12

Employees who are covered by Article 16 may, in accordance with seniority, obtain two (2) or three (3) weeks of vacation (according to the Canada Labour Code) between the 6th and 18th week of the year and between the 41st and 52nd week of the year.

23.13

Employees who work for only one company and who are not required to call the dispatch centre for their daily assignment must register their choice of vacation with their respective employers, but in accordance with the same rules and conditions mentioned above.

23.14

The vacation remuneration provided above shall be paid when the employee leaves on vacation. For the purposes of the present article, the fiscal year for the vacation period will terminate on the third (3rd) Saturday of March of each year.

For the summer vacation period, the vacation remuneration is paid by remitting an amount equal to each week of vacation of the employee.

23.15

While respecting the maximum limits provided in Article 23.08 a) and b), if there are special circumstances of manpower shortages in a specific classification, the employer may change, modify or transfer the choices and the vacation weeks of any employee, if deemed necessary, after notification to the Union. The employer will allot vacations to all those who have not made a selection by December 1.

23. 16

Past practice concerning the choice of vacations in the Bulk and Contrecoeur Sectors at the time of the coming into force of this collective agreement will continue to apply.

ARTICLE 24

PARTICULAR WORKING CONDITIONS

24.01 a) The wage rates, as determined in Article 2 of Appendix "C" attached, must be paid for the handling of nitrate, bulk sulphur, bulk ore, potash, soda ash in bags, sodium phosphate in bags, fish meal, carbon black in bags, lime in bags, cement in bags, full cargoes of china clay and chemical fertilizer, wet hides in bags, in bundles or loose, barium or substitute, nepheline, syemite abstine, vestolin, cocoa powder, tapioca flour and dyes of all kinds. Said rates shall also be paid for shifting bunker coal and for cleaning holds in which the aforementioned commodities have been shipped. b) The wage rates, as determined in Article 2 of Appendix "C" attached, will be paid for the handling of meat, bacon, butter, frozen fish and other refrigerated cargoes. The wage rates for the handling of other refrigerated cargoes will be those stipulated in Article 1 of Appendix "C" attached, except when this cargo is in a compartment containing cargo which is subject to the rates mentioned in Article 2, in which case the higher rate will prevail for all cargo in said compartment. c) The wage rates, as determined in Article 3 of Appendix "C" attached, shall apply to grain trimming (including grain trimming with automatic grain-trimming machines) and for bagging and bleeding of grain bags. The running of grain in the pipes must be stopped when longshoremen go down to the lower hold to work and two (2) longshoremen will remain on deck, if necessary. d) When work is being carried out in an open "tween deck" where grain is running in the hatch connected to said "tween deck", the rates of pay, as determined in Article 3 of Appendix "C" attached, are to be paid to the whole gang. This does not apply when longshoremen are working on other cargo in the lower hold. e) The provisions of Article 24.01 do not apply to the Contrecoeur and Bulk Sectors. However, the wages rates, as determined in Article 2 of Appendix "C" attached, will be paid to employees of the Montreal Sector when they are assigned to the loading and unloading of sugar.

HAZARDOUS CARGOES 24.02 a) The wage rates determined in Article 3 of Appendix "C" attached must be paid for handling creosote-coated goods, ammonium nitrate, fertilizer, or any other hazardous cargo which, in accordance with government regulations, has to be loaded at a specific pier and under special loading restrictions imposed by port authorities. These rates are to be paid to all employees assigned to loading operations on any vessel in which this commodity is being or has been loaded. b) At the beginning of a shift, the employer will give the employees the applicable security measures to be followed in handling the products covered under this Article.

HIGHLY EXPLOSIVE AND OTHER DANGEROUS CARGOES

24.03 a) The current hourly rate for all employees handling explosives corresponding to the descriptions given in Divisions 1.1, 1.2 and 1.3 of Class I of the International Maritime Code for Dangerous Goods will be doubled. b) When explosives corresponding to the description in Article 24.03 a) are being loaded on a ship or unloaded from a ship, all other employees will be remunerated at the rates applicable to the handling of explosives, i.e. the rates mentioned in Article 24.03 a). When explosives are being loaded in or unloaded from a vessel's hold, which are not "magazined", all employees working this vessel shall be paid the rates mentioned in Article 24.03 a), until the hatches are battened down. Said rates shall not apply when explosives are "magazined".

c) The rates, as mentioned in Article 24.03 a), shall apply for work on ships in port that have cargo on fire. However, these rates will only apply to the hatches affected by fire, smoke, steam or gas. d) The rates mentioned in Article 24.03 a) apply when:

i) the deck, the tween-deck and/or the bottom of the hold is covered with water, in such a way that rubber boots are required;

ii) the cargo is floating in a liquid or is soaked. e) At the beginning of a shift, the employer will give the employees the applicable security measures to be followed in handling the products covered under this Article.

WORK ON WRECKED OR STRANDED VESSELS

24.04

For any work carried out on wrecked or stranded vessels within the limits of the Port of Montreal, the rates in effect at said port shall be paid from the time the employees leave the pier until they return to said pier. If the employees do not leave the ship at meal hours, said meal hours shall be paid at meal-hour rates.

WEATHER 24.05 a) An employee at work who has reason to believe that the unfavourable climatic conditions constitute a danger in accordance with Section 128 of Part II of the Canada Labour Code may refuse to work in conformity with the provisions of this same Section 128. b) If a company orders the employees to stand-by during unfavourable weather conditions, the employees will be paid by the company during that period. c) If it becomes impossible to work because of unfavourable weather conditions, the employees will be paid by their employer a guarantee of two (2) hours if they are dismissed before the beginning of any work period and a guarantee of four (4) hours if they are kept until the beginning of any work period. The rates applicable to these guarantees will be those prevailing during the periods covered by the guarantees.

Employees dismissed before the beginning of any period may be recalled for the following period, except for relay work and four (4) hour assignments.

For the purpose of this Article, a period begins either at 06:00, 07:00, 08:00, 11:30, 12:00, 13:00, 15:00, 15:30, 16:30, 17:00, 19:30, 21:30 et 23:00, as the case may be.

Any deficiency in the weekly guarantee will be filled by the job security plan in accordance with the provisions of the collective agreement.

ARTICLE 25

PROHIBITION AGAINST STRIKES, LOCK-OUTS & SLOWDOWNS

In view of the orderly provisions contained in this collective agreement for the settling of grievances, the Union agrees with the companies that during the lifetime of this collective agreement there shall be no strikes, slowdowns or stoppages of work either complete or partial and the companies agree that there will be no lock-out.

ARTICLE 26

TECHNOLOGICAL CHANGE - NEW OPERATIONS NEW WORKING METHODS

26.01 DEFINITIONS

In the present collective agreement;

- the term "technological change" means the use by companies, within the scope of activities covered by this collective agreement, of different equipment or gear either in their configuration or their operation than those used previously and which modify the employees' working conditions;

- the term "new operations" means a longshoring operation which is not stipulated in this collective agreement.

- the term "new working methods" means an operating method which has never been used in the Port of Montreal and which modifies the employees' working conditions.

26.02 EMPLOYEES' PARTICIPATION

The M.E.A. recognizes the importance for employees to participate in all technological changes, implementation of new operations or new working methods. The Joint Labour Relations Committee's role is to discuss and resolve any questions concerning the introduction of a technological change, a new operation or a new working method as described in Article 26.01.

26.03 NOTICE

The M.E.A. must advise the Union at least three (3) months prior to the introduction of a technological change, a new operation or new working method. The Joint Labour Relations Committee must meet in the week following this notice to discuss changes to be made, as the case may be, as a result of this technological change, new operation or new working method.

26.04 DISAGREEMENT

Should there be a disagreement concerning a technological change, a new operation or a new working method as described in Article 26.01, it will be submitted to the arbitration procedure provided in this collective agreement.

26.05 MAINTAINING THE SAME NUMBER OF EMPLOYEES

It is agreed that no employee will be laid off as a result of a technological change, a new operation or a new working method.

ARTICLE 27

WALKING BOSSES

a) Employers have the exclusive right to choose the walking bosses who are permanently assigned to the company. b) All walking bosses hold the “foreman” classification in secondary. c) Management has the exclusive right to choose foremen and walking bosses assigned by the Dispatch Centre. d) Employees who occupy the position of walking bosses on a non-permanent basis will be dispatched in accordance with Articles 7 and 8.

However, an employee who is required as a walking boss and is assigned through fishing may be present at work at the very beginning of the shift, without having to report in person at the Hiring Hall before said assignment.

ARTICLE 28

MAINTENANCE EMPLOYEES

28.01

Employees assigned to the maintenance of gear and machinery required for longshoring work are not subject to the same working conditions as longshoremen. Furthermore, they can only be eligible for a longshoring position after following the hiring process provided for in Article 13 of the collective agreement.

However, the provisions of the collective agreement apply unless otherwise provided for in the provisions of Article 28.

The classifications described below are used by the employer for the maintenance employees:

ELECT Electrician MECNO Mechanic PAGRE Gearman PGREM Gearman Empire PGRLO Gearman Logistec SERVI Service employee SOUD Welder CELEC Electrician Contrecoeur CMECN General mechanic Contrecoeur CMEMO General mechanic Contrecoeur CSOUD Welder Contrecoeur CTMEC Maintenance – major tower repair Contrecoeur

The parties agree that this list is not restrictive.

Maintenance employees may be trained, through certified and accredited programs, to hold other maintenance employee classifications. a) Employers will recruit specialized labour, such as mechanical or electrical technicians, among non-Unionized employees, if the Union does not have said technicians among its members after a posting has been done. Nevertheless, if circumstances are such that the employer must have some work done by specialized labour in the garage or on maintenance, such as a mechanical or electrical technician, he may recruit labour from outside Union ranks; b) The Union must file a written request directly with the concerned company if it wishes to be informed of the work mentioned in the previous paragraph. Information concerning the nature and duration of the work, as well as the identity and the particular qualifications of the required labour force will then be provided within seventy-two (72) hours following the request by the prescribed notice. c) Candidates must meet the physical and medical requirements established by the employer for maintenance work; d) Candidates who successfully pass the hiring procedure established by the employer are considered as casual labour and are subject to a three (3) month probationary period. During probation, candidates are prohibited from applying for any posting. e) After completing the aforementioned probationary period to the employer’s satisfaction, the candidate is added to the list in Appendix “B-3” – list of employees who are part of the reserve pool for maintenance employees;

28.02 Job security plan for Maintenance employees (RSEHE) (Appendix “A-3”) a) The list of forty-two (42) employees whose names appears in Appendix “A-3” makes up the group of employees currently covered by the job security plan for maintenance employees called: “RÉGIME DE SÉCURITÉ D’EMPLOI DES HOMMES D’ENTRETIEN” (RSEHE);

b) Notwithstanding the preceding paragraph, all employees who names appear in Appendix “A-3” included in the list of employees covered by the job security plan stipulated in Articles 13 and 15 and in the list of employees covered by the winter guarantee in Article 20 of the collective agreement; c) The total number of employees listed in Appendix “A-3” will be maintained until the signing of a new collective agreement in accordance with the following rules: d) Any departure, death, retirement or early retirement of an employee listed in Appendix “A-3” is filled by seniority by the next employee listed in Appendix “B-3” – List of employees who are members of the reserve pool of maintenance employees; e) Any employee who is covered under RSEHE will benefit, until the signature of a new collective agreement, from a guarantee of forty (40) hours of work per week, spread out from Monday to Friday with eight (8) hours of work per day. The guarantee is reduced for any cause of non-availability as provided for in Articles 15.03 (a) to (f) and 20.07.

28.03 Reserve pool of maintenance employees (Appendix “B-3”) a) The list of employees whose names appear in Appendix “B-3” makes up the group of employees who belong to the reserve pool of maintenance employees. The number of these employees number may vary depending on the companies’ requirements.

This list includes the maintenance employees not covered by the RSEHE and who work exclusively for the employer who has approved their hiring.

The rank occupied on this list determines the access to RSEHE as well as the order for a reduction of hours or a layoff in a job for said employer; b) Any new work requiring more than twenty-five (25) weeks of work per year, at forty (40) hours per week or 1600 hours annually must be posted. c) Notwithstanding the preceding paragraph, any work related to the acquisition or maintenance of new equipment is excluded.

28.04 Lay-off of maintenance employees a) A prior notice of fourteen (14) days is sent to the Union and to the employees involved when there is a temporary decrease in activities. b) A prior notice of thirty (30) days is sent to the Union and to the employees involved when activities stop completely. c) Any employee covered by RSEHE may, in case of lay-off, displace an employee from the maintenance employees reserve pool provided he has equivalent or superior technical qualifications. By priority, he displaces an employee from the same employer’s maintenance employees reserve pool.

If a displacement of an employee from the maintenance employees reserve pool is not possible, the employee may displace another employee covered by the RSEHE, in order of priority from the same garage, secondly of the same employer, and finally among all employees of the same status, provided the employee has equivalent or superior qualifications for the concerned position. d) If he cannot displace an employee from the maintenance employees reserve pool or an employee covered by the RSEHE, the employee is covered under the provisions of the Supplemental Unemployment Benefit Plans (P.S.A.C.) stipulated in Article 15.08, for a period of twelve (12) months only. e) Moreover, this employee has a right of recall of thirty-six (36) months with the employer that approved his hiring.

f) In cases of posting of a position for which he has the necessary qualifications, the candidacy of the laid-off employee is automatically considered. This in no way creates an obligation for the employer who did the posting to hire the employee. g) During his recall period, the employee remains on the list of employees covered by the RSEHE. h) In cases of lay-off, any employee not covered by the RSEHE who has more than three (3) years of service has a right of recall of thirty-six (36) months with the company that approved his hiring. Any employee not covered by the RSEHE who has less than three (3) years of service has a right of recall equivalent to the number of months of service for the company that approved his hiring.

Any employee not covered by the RSEHE may, in the case of a lay-off, displace an employee from the maintenance employees reserve pool, provided he has equivalent or superior technical qualifications for the concerned position. The displacement of an employee from the maintenance employees reserve pool is carried out first of all at the same employer, secondly within the same company, and finally from all of the employees of the same status.

28.05 Posting a) Maintenance employees may only apply on postings for maintenance employee positions. This does not create an obligation to hire for the employer who did the posting. b) When a maintenance employee obtains a new position following a posting, he is subject to a three (3) month probationary period. However, he keeps his status as well as his advantages and other fringe benefits during this period. An employee who loses his new position during his probation period is automatically reinstated to the position he held before the posting. c) The employer of the employee who is leaving may use the services of a subcontractor for the entire probationary period. A six (6) month extension of the use of subcontractors is also possible if the employer commits to fill the position through a posting as soon as the probation period ends. These hours are excluded from the calculation provided for in Article 28.03 (b). d) In the case where an employee leaves his position in a garage, it is possible to apply for that same position only if the hiring conditions are modified, this applying to the entire period that the collective agreement is in force. e) In the case where the company has more than one maintenance site for its equipment, it is possible to transfer employees not covered by the RSEHE. For the transfer of employees covered by the RSEHE and who have not applied on a non- restrictive posting, a seventy-two (72) hour advance notice must be given to the employee. This delay is not necessary in the case of emergency work.

28.06 Work schedules

The hours of work for employees covered by this Article may be according to three schedules with the following terms: a) Longshoring work from 07:00 to 15:00 or 08:00 to 16:00 or 08:00 to 17:00 or 08:00 to 16:30, for regular hours with as many recalls as required; b) A shift schedule commencing at the following times: 08:00, 16:00 and 24:00. c) A shift schedule commencing at the following times: 07:00, 15:00 and 23:00.

The choice of schedule will be determined by the employer who must advise the Union accordingly fifteen (15) calendar days prior to the implementation of the schedule.

28.07

The implementation of a shift schedule does not necessary have a midnight shift; if a decision to establish or to cancel a midnight shift is made, notice must be given to the Union fifteen (15) calendar days prior to establishing such a shift. The number of employees assigned to shifts will be determined exclusively by the employers.

28.08

When an employer operates a three (3) shift system, there must be sufficient employees to provide rotation of these three (3) shifts to allow for a five (5) day week which will allow all employees to have forty-eight (48) consecutive hours of time off during a seven (7) day period.

28.09

When an employer operates two (2) shifts, the employees alternate shifts equitably between the day shift (7:00 to 15:00) and the evening shift (15:00 to 23:00). Pursuant to the provisions of Article 28.07, the alternation can be weekly or every two (2) weeks. The choice of rotating employees is made by seniority and original posting. Pursuant to Articles 28.05 and 28.07, the employer will privilege the presence of unionized workforce to fill the positions on rotation schedules.

28.10

In all cases, whether it is a two (2) or three (3) shift system, maintenance employees are on duty during eight (8) consecutive hours; it is nonetheless agreed that they have a period of one (1) hour (60 consecutive minutes) to eat and relax during their eight (8) hour shift.

The meal hours begin no earlier than 11:00 and no later than 13:00 on the day shift. The meal hour on the evening and night shifts begins no earlier than three (3) hours and no later than five (5) hours after the start of the work shift.

This does not prohibit an employer from having employees working on the three (3) shifts described in Article 28.06 (a), (b) and (c).

Present practice for coffee breaks is maintained.

28.11

Employers covered by this Article may be required, by a direct communication from the employer, to be at work at any time in the case of an emergency.

If staffing permits, an employee who wishes to go outside of the terminal for his meal time may leave for the authorized period.

28.12

The supervision of maintenance work will be done at the employers’ discretion. Articles 9.07 and 9.08 do not apply to work covered by this Article.

28.13

Employees assigned to work under Articles 28.06 (a), (b) or (c), may be required to work overtime according to one of the two (2) following schedules: two periods of two (2) hours for a maximum of four (4) hours with a rest period of fifteen (15) minutes for each two (2) hours, or one period of four (4) hours uninterrupted. A rest period of thirty (30) minutes will be granted at the beginning of the overtime period of four (4) hours.

However, these employees will not be assigned to work for more than an average of forty-eight (48) hours during a period of fifty-two (52) weeks, beginning on January 1 of each year.

28.14 a) The rate of pay for the 15:00 to 23:00 or 16:00 to 24:00 shifts shall be one and one half (1-1/2) times the basic hourly rate; b) The rate of pay for employees working on the 23:00 to 07:00 or the 24:00 to 08:00 shift shall be double the basic hourly rate; c) Mechanics and electricians working with their own tools will be paid an annual allowance of $500. This will be paid with the last pay of November each year; d) All work done on Saturdays, Sundays and statutory holidays will be remunerated at double the basic rate; e) All work done on an emergency call will be remunerated at one and a half (1½) times the applicable rate. The call if for a minimum of four (4) hours and can be extended to a cumulative maximum of eight (8) hours. A rest period of thirty (30) minutes is granted for each four (4) hour period at the end of the work period. f) All work that exceeds eight (8) hours in a day and during a shift will be remunerated at time and one half the rate applicable to the original shift; g) Work that exceeds twelve (12) hours in a day will be remunerated at double the rate applicable for the original shift; h) When all of the employer’s employees assigned under Article 28.06 (a) are working, they may volunteer for overtime on all work shifts, several times per week.

The employer may, because of the presence of a ship, continue operations by recall for the evening shift and also have an overtime night shift.

Any assignment to the night shift is remunerated at double the basic rate. i) When employees assigned under Article 28.06 (a) are required to finish their shift one (1) hour after the end of the regular shift, they will be remunerated at double the basic rate for that hour. When employees are required to start their shift one (1) hour before the start of their regular shift, they will be remunerated at double the basic rate for that hour. j) Any overtime on day, evening, night or weekend shifts must be filled from a “pick list”. This list is created and posted. This list reflects all of the overtime hours converted into hours at regular rate. Seniority only serves to establish the lists in order to take a decision in matters of equality of overtime hours. k) Each employer will continue past practice of supplying the clothing required for doing maintenance work. l) The employer reimburses all maintenance employees listed in Appendices “A-3” and “B-3” the sum of four hundred ($400) maximum to purchase approved safety shoes, every year, beginning at the signing of the present collective agreement, on presentation of original proof of purchase. m) Each employer will continue past practice for time allowed for hand washing.

28.15

Practices and working conditions in effect at the coming into force of the collective agreement for maintenance employees in the Bulk and Contrecoeur Sectors will continue to apply.

28.16

The various work conditions appearing in the present Article can only be modified after agreement between all the parties. Any special agreements for each of the garages are integrated into the present collective agreement, as provided for in Letter of intent #17.

ARTICLE 29

PERSONAL AND OCCUPATIONAL INJURIES

29.01

Employers are subject to the legislation on "Accidents at work and occupational illnesses".

29.02 a) The employer agrees that, in cases of occupational injuries which render an employee covered by job security unable to fulfil his work beyond the day during which the injury occurred, the M.E.A. will pay 90% of his net salary for each day or part of day when this employee would have normally worked, had it not been for his disability, during the fourteen (14) complete days following the start of this disability. The M.E.A. will pay this salary to the employee at the time he would have normally been paid as long as the latter supplies the required medical certificate as stipulated in Article 199 of "La Loi sur les accidents du travail et les maladies professionnelles". b) For employees in the first reserve pool in Appendix "B", the fourteen (14) days provided above will be calculated on the basis of the number of times they would have been assigned to work during that period, assuming that they would have been available for each of these assignments. c) The M.E.A. also agrees to pay a salary advance to the employee starting on the fourteenth (14th) complete day following the start of the employee's disability rendering him unable to fulfil his work, provided he submits a satisfactory medical certificate to the M.E.A. and completes the form prescribed by "La Commission de la Santé et de la Sécurité du Travail" entitled "Réclamation du travailleur (Worker’s Claim)". These advances will be paid to the employee at the time his salary would normally have been paid.

29.03

These advances are equal to the replacement indemnity calculated by "La Commission de la Santé et de la Sécurité au Travail" under the "Loi sur les accidents du travail et les maladies professionnelles" and paid by the latter to the employer identified in the employee's claim to the C.S.S.T. Should there be an increase in the indemnity by the C.S.S.T., the advances will be increased likewise.

29.04

In the event the decision made by the C.S.S.T. indemnity agent results in the rejection or in an acceptance in part only of the right of the employee to a replacement indemnity, the overpayment of advances will be reimbursed directly by the employee or through the amounts he might receive from job security, or from his wages, after he has returned to work.

29.05

The reimbursement of indemnity advances will be made as follows: a) At the time of payment of the first advance, every claiming employee must sign a form stipulating that he agrees to reimburse the indemnity advances received in the event, as mentioned in Article 29.04, his right to a replacement indemnity is refused or accepted in part only by the C.S.S.T.'s indemnity agent. b) Should there be an overpayment, a rejection of the right of the employee to a replacement indemnity by the C.S.S.T.'s indemnity agent, or a termination of employment, a registered letter will be sent to the employee in question informing him of the amount to be reimbursed to the M.E.A. within the ten (10) days following the date of said letter, otherwise part of his wages will be retained at source each week until the amount due has been reimbursed. c) Reimbursements will be of sixty-five dollars ($65.00) per week.

29.06

Any other means of reimbursement must be approved by the M.E.A.

29.07

The parties agree to encourage employees who suffer from an occupational injury or illness to reintegrate the workforce.

To this end, the M.E.A., in collaboration with the Union, agrees to consider the return to work of an employee who has permanent functional limitations as a result of an occupational injury. In such cases, the Classification Committee will evaluate the reintegration possibilities, beginning with the granting of one or more classifications as required to allow the employee to work for a similar number of hours as other employees who hold the same classifications.

In the case of an employee who is the victim of a permanent occupational injury and who benefits from an accommodation agreement, the M.E.A. agrees to grant the classification OTUGX or OTUGY for an indefinite period until such time the employee is able to hold a primary classification in accordance with his limitations. Moreover, the employee is automatically a candidate for primary positions among the classifications he can be given.

The agreements between the parties concerning accommodations for employees are confirmed in writing. These agreements may be modified by the parties should there be a change in the accommodated employee’s situation, including a worsening of his disability.

Moreover, en employee who returns to work but is unable, due to temporary medical restrictions, to function within all of the classifications he held before his absence from work, may be allowed to function within only part of his classifications during the duration of his medical restriction:

1) in his primary classification 2) in the OTUGX or OTUGY classification in his sector 3) in his secondary classifications (in his primary sector) 4) in his secondary classifications (outside his primary sector) 5) and, should all the preceding measures not be possible, the employee may be given the OTUGM or any other truck classification that his seniority allows him to possess.

29.08

Any employee covered by job security who ceases to be available as a result of an occupational illness or accident during a period of more than five (5) days may not reintegrate his position and benefit from the job security plan unless he demonstrates, by way of medical testimony, to the satisfaction of the M.E.A., that he is able to efficiently accomplish the work in all the classifications he held prior to his period of unavailability.

Also, the M.E.A. and the Union agree that, in a case of personal illness or a personal accident, the parties will try to apply the principles of Article 29.07.

29.09 PRECAUTIONARY CESSATION OF WORK FOR A PREGNANT WOMAN

The pregnant employee who receives benefits with respect to the precautionary cessation of work from the Union’s Social Security Plan is paid by the M.E.A. for a maximum period of seventeen weeks or until the confinement following the fifteen weeks of precautionary cessation of work paid by the Union’s Social Security Plan.

The allowance paid by the M.E.A. corresponds to sixty per cent (60%) of the regular straight time wage according to the employee’s guarantee group, as stipulated in Articles 15 and 20 of the collective agreement.

These hours are recognized hours as stipulated in Article 18.01 b) iii).

ARTICLE 30

DISPATCH OF THE WORKFORCE

The parties recognize that dispatching the workforce is Management's exclusive right.

ARTICLE 31

SHIPLINERS

31.01

All securing work done inside containers, on the dock or in the sheds, in ships or any other site within the jurisdiction as provided in Article 1, will be performed only by shipliners, except in the case of minor work clearly accessory to the work performed by longshoremen.

31.02

The M.E.A. will pay to each shipliner in primary an allowance of two hundred and eighty dollars ($280) for the use of his tools. This amount is paid in two instalments of one hundred and forty dollars ($140) in the months of June and December of each year.

The employer will reimburse shipliners in primary the sum of three hundred and fifty dollars ($350) annually for the purchase of approved safety shoes and work clothes on presentation of proof of purchase.

ARTICLE 32

DEDUCTION OF UNION DUES

The M.E.A. will deduct from wages paid to all employees the amount of current Union dues, or their equivalent in the case of non-Union employees, and will remit each week to the Union the sums thus deducted. At the end of each fiscal year, the M.E.A. will provide all longshoremen with a statement of the dues so deducted at the same time as they are given their T-4 income tax forms.

ARTICLE 33

WAGES

The wage rates applicable are as determined in the wage schedules attached and entitled Appendix "C".

ARTICLE 34

DURATION OF THE COLLECTIVE AGREEMENT AND INTERIM PROVISIONS

34.01 a) The present collective agreement shall come into effect at 08:00 on the first Sunday following its signing and shall remain in effect until December 31st, 2018 and will continue to be in effect from year to year. b) Should one or the other party give notice of termination or revision of this collective agreement in accordance with Article 34.01, all the provisions of the collective agreement remain in force until the signing of the subsequent collective agreement or until the right to strike or lock-out is obtained as stipulated in Section 89 of the Canada Labour Code. c) The party who wants to give notice of termination or revision of this collective agreement must do so between ninety (90) and sixty (60) days preceding the expiry date of this collective agreement

During said period, each party must furnish the other party with the text of any amendments which it feels should be made to this collective agreement. d) The Memorandum of Agreement (Appendix "F") as to the interim provisions, the letters of intent and appendices appearing in the collective agreement form an integral part of said collective agreement.

IN WITNESS THEREOF, the parties have signed the present collective agreement in Montreal on this 20th day of March 2013.

MARITIME EMPLOYERS ASSOCIATION SYNDICAT DES DÉBARDEURS C.U.P.E. LOCAL 375

Jean Bédard Denis Wolfe

Normand Daoust Denis Tessier

Stéphane Morency Sylvain Charron

Chantal Lefebvre Réjean Brunet

Manon Gervais Daniel Fortugno

Malcolm MacLeod Normand Dupuis

Alexandre Gagnon Éric Collin

Jean-Pierre Langlois Benoit Barbeau

Nicola Dolbec François Wolfe

Jean-Sébastien Barale Alain Bélanger

Steve Michel

Steve Vincent

André Jr. Racette

APPENDIX “A”

List of employees

GROUP I

9 DICROCE ARTHUR 159 THERIAULT JEAN-PIERRE 12 LEFEBVRE ALAIN 161 DAUPHIN PIERRE 13 BOUCHER MARIO 162 LAVIOLETTE SERGE 15 DUPUIS YVON 168 BOUTET MICHEL 17 BUJOLD GILLES 169 BERGERON DENIS 23 GRATTON YVES 170 VALIQUETTE SERGE 25 DURAND SYLVAIN 172 DUPUIS MICHEL 30 WOLFE ROCH 175 GAUTHIER SYLVAIN 31 WOLFE DENIS 177 CHARRON SYLVAIN 34 GAUTHIER GAETAN 186 BOUDREAULT DENIS 42 DESGAGNES YVAN 202 BOUDREAULT MICHEL 46 BOUTET DANIEL 203 RACETTE GILLES 47 BELIVEAU CLAUDE 210 GINGRAS NOEL 48 HEBERT GUY 216 ARBOUR MICHEL 53 ST-ONGE SERGE 220 PATRY CHARLES 55 BOLDUC JACQUES 221 MARTEL SERGE 57 BOUCHER GUY 228 HUARD ANDRE 59 DENIS CLAUDE 233 AHELO JEAN 63 LESAGE SYLVAIN 237 THERIAULT ROBERT 66 TREMBLAY SYLVAIN 243 JONES RICHARD 69 TOUGAS SERGE 244 TURGEON SYLVAIN 70 MICHAUD DENIS 251 BOUTIN ANDRE 72 DICROCE YVES 257 GARIEPY ALAIN 75 ROBERT PIERRE 261 ASPIROT MARIO 76 OUELLETTE GUY 263 BOUDREAULT CLAUDE 80 AMIOT RICHARD 267 HARVEY JEAN 83 RODRIGUE CAMIL 269 PAQUETTE SERGE 84 LEFEBVRE GHISLAIN 271 DESJARDINS BERNARD 85 DESROCHERS ALAIN 274 DE COURCY CHRISTIAN 91 HEBERT ANDRE 276 DESGAGNES MICHEL 96 BARBEAU BENOIT 279 HEBERT BENOIT 97 MARQUIS DAVID 288 HAMEL MICHEL 102 FUGERE MICHEL 292 BLAIN FRANCOIS 103 CHARRON BERNARD 293 GIROUX RAYMOND 105 ST-ONGE NORMAND 294 BASTIEN STEPHANE 108 LEFEBVRE ALAIN 295 GRENIER YVES 112 FORTIER CHRISTIAN 302 L'ALLIER ANDRE 114 BARBEAU SYLVAIN 303 LABONNE SYLVAIN 124 BOUCHER JACQUES 304 ASPIROT SYLVAIN 125 GRATTON ALAIN 310 FOURNIER GILBERT 126 BOURQUE SERGE 313 LAMARRE MICHEL 129 PELLETIER JEAN JACQUES 315 LALIBERTE JEAN 131 FERGUSON ALAIN 319 LAGACE MARCO 134 VALLEE MICHEL 324 GRENIER CLAUDE 136 LEVIS JACQUES 326 THIBODEAU GABRIEL 147 DUBE REGIS 335 MATTE RONALD 148 HAVARD PIERRE 346 RIFFON JACQUES 150 MERCIER ALAIN 354 BUJOLD ROLAND 155 TREMBLAY YVES 359 GRENON CLAUDE 157 LESAGE GUY 364 BRIEN PIERRE 158 BOUCHARD SERGE 365 BEAUSOLEIL MAURICE JR

373 DAVIS SYLVAIN 826 PAQUETTE MARCEL 379 DUSSAULT YVES 827 AUBRY GILLES 385 BRUNET REJEAN 835 DUPUIS MARCEL 386 DESPATIE JEROME 843 PELLETIER JACQUES 387 VENNE NORMAND 855 LAFORTUNE PIERRE 395 LAFOREST DANIEL 858 HARVEY FABIEN 403 TESSIER SYLVAIN 862 DUGUAY VINCENT 407 CHARTRAND PAUL 863 BOURQUE MICHEL 408 PROVENCAL NORMAND 868 DERAICHE PIERRE 411 LAUZON SYLVAIN 869 MASSICOTTE GILLES 419 BARRETTE SYLVAIN 870 BOUCHER ALAIN 423 LANGLOIS PIERRE 873 DIOS JAVIER FRANCISCO 425 BELANGER ALAIN 875 MAINVILLE CLAUDE 427 BERTRAND RICHARD 877 JONES MICHEL 429 PERRON RENE 879 HUARD SYLVAIN 432 SAMSON RICHARD 880 GAREAU DANIEL 437 BLANCHET SYLVAIN 882 GAREAU DENIS 441 DUFOUR PIERRE 886 TREMBLAY DANIEL 442 LAVOIE BERNARD 889 BIKO BEN 444 TRUCHON REAL 890 ADAM ROBERT 448 BECHARD MICHEL 892 TREMBLAY MARTIN 454 DUGUAY BERTRAND 894 LEVESQUE ALBERT 456 MAILLOUX HERMAN 896 PELLETIER SYLVAIN 462 GUADAGNOLO MARIO 898 ABRIGU JAVIER JOSE 477 POITRAS YVON 901 BELAND YVES 479 HOUDE YVAN 905 OUELLETTE CLAUDE JR 481 CHARLEBOIS ROBERT 906 DUVAL MICHEL 483 LEFORT PIERRE 907 DERAICHE REJEAN 484 FORTIN DENIS 908 ABRIGU JOSE WALTER 487 COUTURE RICHARD 913 RUEL SERGE 488 DENIS GILLES 916 NAULT MICHEL 489 FLEURANT SYLVAIN 917 GODBOUT SYLVAIN 491 RICHER ALAIN 919 BLANCHET MARIO 495 PRATTE CHRISTIAN 922 DUPUIS NORMAND 496 AHELO FRANCO 924 BOUDREAULT GAETAN 497 MCINNIS SERGE 925 BOLDUC SYLVAIN 498 CLAIROUX CLAUDE 929 GAGNON SYLVAIN 499 PROULX ANDRE 933 VINCENT CLAUDE 510 AHERN DANIEL 936 SIROIS DENIS 513 HAMON PIERRE 939 TESSIER CLAUDE 514 COLLIN ANDRE JR 942 PERRON MICHEL 520 BOUTIN FERNAND 946 WOLFE YVON 522 LANGLOIS BRUNO 948 WOLFE FRANCOIS 524 ROY MICHEL 950 FOREMAN ANDREW 529 DESROCHES GILLES 953 ARSENEAULT WAYNE 726 LEMIEUX RONALD 954 WOLFE RAYMOND 727 TRUDEAU RICHARD YVAN 955 MAINVILLE MARTIN 770 BELLEMARE ANDRE 959 BLANCHET ALAIN 773 PETELLE SERGE 961 ROUSSY CARL 774 LAMY REAL 962 POULIOT JACQUELIN 776 BELLEMARE PIERRE 963 GUASTAFERRI DANNY 785 BEAUDRY DANIEL 965 PARISE MICHEL 786 DUNAJ HENRY 966 RIVEST PAUL 789 TREMBLAY RICHARD 969 GAUTHIER DANIEL 792 GIROUARD GILLES 970 DEMONTIGNY DANIEL 793 CHARTRAND CARL 975 L'HEUREUX BENOIT 795 MCCALLUM BRUNO 977 BRUNET PIERRE 797 HARVEY MAURICE 978 LEFORT LUC

979 BOISSONNEAULT DANIEL 1128 PAQUETTE NICOLE 980 LAGACE SYLVAIN 1138 BOISVERT CLAUDE 981 TALBOT RICHARD 1142 MOREAU LUCIE 982 FORTIN YVAN 1145 PAQUETTE LISE 986 LEBLANC MARC 1150 OUELLETTE STEPHANE 988 DUGUAY JOCELYN 1151 POULIN PIERRE 990 VILLENEUVE EDITH 1162 DUFOUR DIANE 991 DEMERS YVON 1167 BLANCHETTE ERIC 1000 ST-ONGE ROGER 1170 APPLEBY DENIS 1002 COLLIN YVES 1171 LANGLOIS ERIC 1008 POULIN SERGE 1176 DESGAGNES SYLVAIN 1009 FOURNIER GILLES 1179 BABIN RENE GUY 1011 HARDY ALAIN 1182 BARRETTE STEPHANE 1015 PARTICA PAUL 1185 CHAMPAGNE DANIEL 1017 BOISCLAIR ROLAND 1186 DICROCI DANIEL 1018 REGIMBALD PIERRE 1187 LOIGNON PIERRE 1019 DESJARDINS PASCAL 1189 PROVENCAL CHRISTIAN 1021 ROBILLARD STEPHANE 1192 LAWS JEAN-GUY 1024 TREMBLAY MARIO 1194 MERCIER PAUL 1025 LAJOIE ROBERT 1198 COLLIN GILLES 1026 ASPIROT DENIS 1199 FORCIER SERGE 1028 MASSE JEAN CLAUDE 1201 MORIN JEAN 1033 GRENIER GILLES 1204 ROBERT DENIS 1034 PAQUETTE RICHARD 1205 LEFEBVRE RICHARD 1036 BERGERON RICHARD 1208 NABELSI DENIS 1038 EMOND CLAUDE 1212 LEVESQUE MARTIN 1042 BOUCHARD BENOIT 1213 NAPOLANO LUIGI DOMENICO 1046 GRENIER GUY 1215 DESJARDINS MICHEL 1048 CHEVRIER REJEAN 1217 AHERN JEAN 1049 GRENIER YVON 1218 CADIEUX BENOIT 1050 PEEL RONALD 1219 LIZOTTE SYLVESTRE STEVE 1052 ST-PIERRE RENE 1222 DI PECO GIOVANNI 1057 BARIL FRANCOIS 1223 SAHRANE NOUR-EDDINE 1058 BELISLE PIERRE 1224 ST-JEAN MATHIEU 1062 BRETON RICHARD 1226 JALBERT EMMANUEL 1063 CAISSE YVES 1227 BELMONTE SYLVIO 1070 CHARRON YVES 1228 ST-JEAN OLIVIER 1073 COURTEAU REAL 1229 CARON KRISTIAN 1074 DANSEREAU RICHARD 1232 MORIN ALEXANDRE G. 1075 DESROSIERS CLAUDE 1233 BISSONNETTE STEVE 1076 DULUDE MARIO 1235 BOUTIN ALEXANDRE 1077 DULUDE MARTIN 1236 DESJARDINS-TREMBLAY MAXIME 1084 GERVAIS JEAN-FRANCOIS 1237 PAULIN NATHALIE 1088 JACQUES JOHANNE 1239 LACHAMBRE ROBERT 1089 LACHAPELLE JEANNOT 1240 PELLETIER JEAN-SEBASTIEN 1090 LAPORTE CLAUDE 1241 NICOLAS STEVE 1091 LARAMEE GILLES 1243 GRENON ERIC 1093 LAUZIERE GASTON 1244 JONES STEPHAN 1099 MOREAU DANIEL 1245 LANGLOIS MARTIN 1100 MOREAU DENIS 1246 BEDARD KARINE 1101 NORRIS DANIEL 1248 BOUDREAULT ALEXANDRE 1104 PATRY MARC 1251 ANCTIL YVES 1106 PERRON ROBERT 1252 ANCTIL YVAN 1107 PETRIN SYLVIE 1253 BRASSARD LOUISE 1109 ST-DENIS CLAUDE 1257 THERIEN LUC 1111 TESSIER REGENT 1259 LIZOTTE GENEVIEVE 1112 VIAU BERNARD 1260 AUGER STEPHANE 1115 KOZAK ROBERT 1263 SIMARD NATHALIE

100

1264 CLOUTIER MELANIE 1436 SIMARD MARC 1266 LORTIE DOMINIC 1437 PERREAULT RENE 1268 ROY LOUIS 1438 CLERMONT DANIEL 1271 DI PECO MAURICE 1439 MARTEL CHRISTIAN 1272 BOUTIN RENE 1441 SYLVESTRE DENIS 1273 GRIGNON MARC 1442 DUBE JACQUES 1279 ARSENEAULT VINCENT 1443 LALIBERTE MARC 1280 TESSIER JONATHAN 1444 GAREAU DONALD 1281 CORMIER NADINE 1447 POTVIN MARTIN 1282 MIRONCHUCK JUDITH 1448 MORAND PIERRE 1283 JALBERT ANDRE 1449 L'HEUREUX PIERRE 1284 AUBRY DANNY 1451 TANGUAY RODRIGUE 1285 BARIL STEPHANE 1452 COTE GILLES 1286 TESSIER MATHIEU 1454 NORMANDEAU RONALD 1287 MARCOTTE GUY 1455 BEAULIEU MICHEL 1289 PATRY ELIZABETH 1458 PERREAULT REMI 1291 GAUTHIER STEPHANIE 1461 ANGEL MICHEL 1292 COMTOIS CLAUDE 1463 TURGEON STEPHANE 1293 LETOURNEAU SEBASTIEN 1465 VINCENT STEVE 1294 CLERMONT DANY 1468 VIAU BERNARD 1296 FERRON MICHEL 1469 ESSIAMBRE ROGER 1297 BLANCHET JEAN-SIMON 1470 TREMBLAY MARTIN 1299 ABRIGU JESUS JOEL 1472 ROBERT SERGE 1300 HALLE CARL 1479 ST-ONGE GAETAN 1302 CARRILLO OSWALDO RUBEN 1481 PLAISANCE DENIS 1303 AUBRY GILLES JR 1483 BELANGER DANIEL 1310 CLOUTIER RICHARD 1485 BOUGIE JEAN 1314 DESCHENES MARIO 1487 DAOUST CHANTALE 1316 CHAMPAGNE MICHEL 1488 VILLAMIL JOSE HUMBERTO 1317 PELOQUIN FRANCIS 1490 CLERMONT YVON 1323 HAMELIN MARIE-MICHELE 1493 THIVIERGE CLAUDE 1328 PERRON ERIC 1494 FRANCOEUR GUY 1370 FORTIN MICHEL 1496 JODOIN NICOLE 1382 MORIN ANDRE 1499 JODOIN FRANCOIS 1394 COUSINEAU ROBERT 1500 LASNIER MICHEL 1400 BISSON DANIEL 1501 LECAVALIER FRANCOIS 1402 TREMBLAY MICHEL 1502 MICHEL STEVE 1403 DUPUIS MICHEL 1504 BOLDUC JOCELYN 1404 BOULERICE MARC 1506 LAUZE MICHEL 1405 DUPUIS RICHARD 1507 SANSCARTIER ROLAND 1406 SURPRENANT DANIEL 1508 MALLETTE JEAN-PIERRE 1407 ROY DANIEL 1509 MARTIN ANGELO 1409 COMTOIS MANON 1510 BEAULIEU CHRISTIAN 1410 VENDETTE DANIEL 1511 LAPIERRE MARTIN 1411 DUSSAULT RICHARD 1512 LAPRADE ERIC 1414 MENARD PIERRE 1514 COLLIN DANIEL 1415 LEVESQUE ADRIEN 1515 GAREAU BENOIT 1416 DUCHAINE CLAUDE JR 1520 BRISSETTE MARTIN 1417 LAUZIERE ERIC 1522 MORIN BERNARD 1418 MYETTE SERGE 1526 ALLARD LOUIS 1419 MYETTE YVES 1527 BOIVIN SERGE 1420 BISHOP ROGER JR. 1528 TOUSIGNANT MICHEL 1423 FORTUGNO DANIEL 1529 SIROIS RICHARD 1428 BOUCHARD FRANCE 1530 SENECAL JEAN-CLAUDE 1429 GERVAIS PATRICK JR 1531 MC DONALD FITZROY 1430 CASAVANT ALAIN 1534 GINGRAS EDMOND 1431 LEFEBVRE MARIO 1539 DUBORD MICHEL 1433 RUEL SYLVAIN 1541 NANTAIS FRANCOIS

101

1542 MORIN REJEAN 1646 LACROIX ROBIN 1543 MOREYRA VICTOR 1647 PRUD'HOMME SEBASTIEN 1544 CHAMPAGNE STEPHANE 1650 BOUCHARD PATRICK 1545 LAURIN ERIC 1652 WOLFE ALAIN 1547 BLANCHET GUY 1653 LAMY STEPHANE 1548 CARRILLO MARCELINO FELIPE 1655 FERGUSON JONAS 1550 ABRIGU JOSE 1656 PRINCE STEPHAN 1552 GLADU SYLVAIN 1659 BILODEAU PAUL 1555 FILIATRAULT JEAN-PIERRE 1661 PAQUET PAOLO 1556 DUPUIS DANIEL 1662 AHIER BENOIT 1558 ABRIGU JOSE-MIGUEL 1664 MEUNIER BERNARD 1560 CLERMONT MARIO 1668 HUARD RICHARD 1563 DI CROCE PASCAL JOSEPH 1670 ROBILLARD DANIELLE 1564 DEMERS GUY 1672 FORNES PHILIPPE 1565 BECHARD REAL 1673 BUISSON SYLVAIN 1566 PERREAULT MARTIN 1677 GAUTHIER RICHARD 1568 SIROIS REJEAN 1678 MARQUES CASEY 1569 GALARNEAU MICHEL 1680 HAMEL SYLVAIN 1571 CAVERO GABRIEL 1681 LAVOIE STEPHANE 1576 RONDEAU ANDRE 1682 CHICOINE ERIC 1577 RONDEAU SYLVAIN 1683 TURNER SYLVAIN 1578 DUFOUR JOEL 1685 LACOSTE MARC-ANDRE 1582 BELANGER BENOIT 1686 VINCENT ALAIN 1583 DUFOUR GUERTIN 1687 TOTH ERIC 1588 ROGER MARTIN 1690 LANGLOIS SYLVAIN 1591 PLANTE STEPHANE 1693 MARQUES ANTONIO 1593 MEUNIER CLAUDE 1694 TORRES PERLADO MARCO A 1597 GAUTHIER MARCEL 1696 ZUNIGA FERNANDO W. 1598 SWEENEY BERNARD 1697 MICHAUD STACY 1599 LEBLANC STEPHANE 1699 THOUIN SYLVAIN 1603 ROY STEPHANE 1702 BEAUDOIN YVES 1605 CHARBONNEAU JEAN-PIERRE 1708 PROULX MARTIN 1607 ST-ONGE MICHEL 1710 APONTE MARCO 1609 JACCOTTEY JEAN-PAUL 1711 DIFIORE JEFFREY 1612 BOUDREAULT CLAUDE 1712 AHELO GINO 1614 BEAUDETTE ALAIN 1715 CHICOINE ALAIN 1615 BOUCHARD STEPHANE 1717 DUMAIS MARTIN 1619 LEFEBVRE SYLVAIN 1718 MOREAU MICHEL 1620 GAUTHIER REMI 1719 BLANCHETTE MICHEL 1621 PROVENCAL PASCAL 1720 THIBAULT ALAIN 1624 BERGERON SYLVAIN 1724 BROCHU STEVE 1626 LAUZIERE SEBASTIEN 1725 SENECHAL ROBBIE 1627 BERGERON STEPHANE 1726 DUBE SYLVAIN 1628 BERGERON NICO 1728 FORTIN PIERRE 1629 LONGPRE STEPHANE 1729 CARRILLO EMILIO 1630 BILODEAU ALAIN 1730 RICHARD MICHEL 1631 TREPANIER CLAUDE 1731 COTE ERIC 1632 DUPUIS CHRISTIAN 1733 BENARD SYLVAIN 1633 DUBEAU SYLVAIN 1734 SAVOIE DANIEL 1635 LEVESQUE GUY 1737 PELLETIER ARNOLD 1636 BARBEAU MANUEL 1739 TREMBLAY BENOIT 1637 CARON PATRICK 1742 TESSIER DENIS 1639 BARBEAU MATHIEU 1743 BRIEN BENOIT 1640 AUDET DOMINIQUE 1744 RIFFON FRANCOIS 1641 BEDARD REAL 1745 PETELLE SYLVAIN 1642 MANSEAU MARTIN 1746 GAUTHIER ANNIE 1643 MATHIEU FREDERIC 1752 COLLIN STEPHANE 1645 ESSIAMBRE DONALD 1754 VINCENT ISABELLE

102

1757 ROY LYNN 1852 DELISLE PIERRE 1758 ST-ONGE ALAIN 1853 AMATO MASSIMILIANO 1760 BOUCHARD SYLVAIN 1854 ROJAS OROSCO ALBERTO 1764 RAMIREZ RAMON C. 1855 DUGUAY ERIC 1765 LABELLE CAROLINE 1856 GAUTHIER STEPHANE 1767 CARTER JIMMY 1860 MOREL MICHEL 1768 RAMIREZ ENRIQUE 1861 ROBITAILLE DANIEL 1770 PIGNATELLI JOSE 1862 CHARRON PASCAL 1771 WALKER FERNANDO 1866 TRITES STEPHEN 1774 FERNANDES EDGARDO 1868 CHARBONNEAU GILLES JR 1778 LABELLE STEPHANE 1871 BELL PHILIP 1779 BEAUDIN CHRISTIAN 1876 COLLIN ERIC 1783 LAURIN OLIVIER 1879 COLLIN MARTIN 1787 LEMAY SEBASTIEN 1880 LAGACE STEPHANE 1791 TURCOT SYLVAIN 1885 CORMIER JOHANNE 1792 MORIN SERGE 1886 ARSENEAULT DENIS 1793 BILODEAU ALAIN 1887 BEAULIEU STEVE 1794 BAERISWYL ALBIN 1888 LAUZON SYLVAIN 1795 BAERISWYL DANIEL 1891 BONNEVILLE CHRISTIAN 1797 DUFOUR LYNE 1892 LEBLANC CLAUDE 1798 BOARDMAN FRANCOIS 1893 BARRETTE MARTIN 1800 PHARAND PATRICK 1894 FORGET MICHEL 1802 LUSSIER MICHEL 1895 RIFFON CHRISTIAN 1804 BEAUSOLEIL PIERRE 1898 DESCHENES ALAIN 1805 BRISSON BERTRAND 1899 MATEUS PEDRO 1807 VEZINA SEBASTIEN 1900 MARTINEAU JEAN 1810 GOSSELIN RICHARD 1901 TRUDEL RAYMOND 1811 HAOUARI KAMEL 1902 LIZOTTE ALAIN 1813 LABELLE GILLES 1905 DAIGNEAULT LOUIS-PHILIPPE 1814 LABELLE BENOIT 1906 SIMARD STEPHANE 1815 COTE SEBASTIEN 1907 MCKELVEY LEONARD 1816 VERRILLO FRANK 1909 LEFORT BENOIT 1817 ST-ONGE PATRICK 1910 LEVESQUE ERIC 1818 VILLENEUVE STEPHANE 1911 BLANCHETTE RAYMOND 1819 BEAUDIN NATHALIE 1913 LEVESQUE NADIA 1820 DAGENAIS JEAN-CLAUDE 1916 BEAULIEU RICHARD 1822 RODRIGUE JEAN 1917 CHICOINE JEAN-RENE 1824 ERKOREKA RAPHAEL 1918 COLLIN GHYSLAIN 1825 SALERNO ANDRE 1919 DESAULNIERS LUC 1827 FILIATRAULT MARTIN 1921 LECLERC MANON 1828 POMPA ADRIANO 1922 PRUD'HOMME DOMINIK 1829 BILODEAU CLAUDE JR 1925 LEVESQUES ROBERT 1830 TURCOTTE ANDRE 1926 DENIS JONATHAN 1831 COSTO PIERRE 1927 DESROCHERS ROBERT 1832 LEVESQUE GUY 1928 BRASSARD BERNARD 1833 LAVALLEE-MONIER JEAN-BERNARD 1929 SEVIGNY GHISLAIN 1834 NERI GIUSEPPE 1932 CARLE MARTIN 1835 LABERGE DANIEL 1933 TREMBLAY YVAN 1837 LOISELLE ERIC 1935 POULIN SAMUEL 1839 LARA GONZALES LUIS JAIME 1937 SAINDON MATHIEU 1842 BONIN FRANK 1939 BEAUCHEMIN PATRICK 1843 MORISSETTE PIERRE 1941 ERRINGTON TRAVIS 1844 LEVESQUE SERGE 1943 GAUDREAULT LINDA 1845 DORSA YVENEL 1944 BERGERON STEPHANE 1846 MALLETTE STEPHANE 1945 ST-PIERRE GUILLAUME 1847 BOUCHER JEAN-FRANCOIS 1946 BOURDON PATRICK 1849 DESJARDINS STEVE 1948 FORTIN MARIO 1850 JUTRAS MICHEL 1951 BELAIR JEAN-GUY

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1954 COTE ANNIE 1988 EMOND SEBASTIEN 1955 DAIGNEAULT FRANCINE 1990 THOMAS SERGE 1956 BOULERICE FRANCOIS 1991 LAROCQUE JESSIKA 1960 BOULERICE JEAN-PIERRE 1993 LECLERC LINE 1961 MENARD ALEXANDRE 1994 POULIN HERIC 1962 FONTAINE MARTIN 1995 LEFEBVRE NICOLAS 1963 HAMON MICHEL 1996 MOSES KEVIN 1964 LEROUX DAVID 1999 ROMPRE JONATHAN 1965 DESROSIERS ERIC 2289 FREDETTE ERIC 1966 BENOIT MARTIN 2290 BEGIN STEVE 1967 PARISE MARIO 2291 ST-PIERRE JEAN-GUY 1968 LIRETTE DONALD 2816 LANGLOIS CHANTAL 1969 MICHAUD SOPHIE 2855 DECOSTE-ROBILLARD ALEXANDRE 1971 MACPHEE DANNY 3597 THERRIEN STEPHANE 1973 BIANCHET LAURENT 6000 MORIN ERIC 1975 ST-ONGE SYLVAIN 6001 COTTIER-BLANCHETTE SEBASTIEN 1976 LEFORT MARTIN 6004 FUGERE STEVE 1978 LAMBERT JEAN-PHILIPPE 6005 COUVRETTE HEBERT STEPHANIE 1979 BLANCHETTE GILLES 6007 ARAOZ STEVEN 1982 BOUTIN STEPHANE 6015 GUASTAFERRI MICHEL 1983 COTE JUDITH 6041 LEVESQUE LUC 1985 ST-LAURENT DANIEL 6073 ROBERGE-BAZINET BENJAMIN 1986 ROCHELEAU DENIS 6082 BOULAIS MARTIN 1987 BESSETTE MARC 6084 MARIER BERNARD

GROUP II

1277 GUAY YANIK 1364 GAUDREAULT CARL 1306 HOULE RENE 1377 SIMARD NATHALIE 1313 VALIQUETTE MANUEL 1378 VARIEUR PERRON SAMUEL 1318 LAROSE BRUNO 1379 RIOUX SYLVAIN 1319 LALONDE JEAN 1380 COTE ANNIE 1320 GERVAIS JONATHAN 1381 VENNE PATRICK 1338 RONDEAU MICHEL 1383 DESJARDINS YVES 1339 BILODEAU MELANIE-SABRINA 1390 GRAND'MAISON JEAN-FRANCOIS 1342 SURPRENANT PATRICK 1395 TREMBLAY MARTIN 1344 CLEMENT-MORIN FRANCOIS 6002 HARRISSON CYNTHIA

GROUP III

All employees of Appendix “A” who have been identified as not being covered by job security* as well as employees who acceded to the first reserve pool before the 31st of December 2012 and that accede to job security after the signature of the collective agreement make up Group III of Appendix “A”.

GROUP IV

All other employees who accede to job security after the signature of the collective agreement make up Group IV of Appendix “A”.

* Employees of Appendix “A” identified as not being covered by job security.

They are the next employees to be integrated into Group III.

1328 PERRON ERIC 1370 FORTIN MICHEL 1394 COUSINEAU ROBERT 1441 SYLVESTRE DENIS

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List of employees covered by the job security plan for maintenance employees (R.S.E.H.E.)

722 OLSCAMP MICHEL 2022 ST-ONGE MICHEL 791 BERGERON JEAN 2026 TEASDALE ERIC 958 BLANCHETTE ALAIN 2029 LAJEUNESSE DANIEL 1056 OUELLETTE MICHEL 2030 MARLEAU RICHARD 1068 CHAPUT DENIS 2031 CARPENTIER GISLAIN 1114 MARION RENE 2033 COTE LUCIEN 1117 CHAPADOS ERNEST 2035 LABRIE DANIEL 1140 PRIMEAU JEAN-PIERRE 2036 MORISSETTE DANIEL 1144 ST-ONGE MARC 2037 BRISEBOIS ALAIN 1148 DION JACQUES 2039 GODIN MARTIN 1573 CHARTRAND PIERRE 2040 GRAND'MAISON JOSE 2002 JOLY RICHARD 2041 PAQUET JACQUES 2003 GAGNON RICHARD 2043 BEAUSEJOUR PATRICE 2004 BENTAMY MAURICE 2044 CREPEAU MARIO 2007 GAGNE MARC 2046 RAYMOND PATRICK 2009 PRITCHARD GENTRY 2048 TREMBLAY RICHARD 2012 DUBE DANIEL 2050 BUJOLD MARTIN 2014 RUEL GHISLAIN 2055 GAGNE LAURIER 2015 DRAINVILLE JEAN 2056 LECLERC MICHEL 2019 HEBERT BENOIT 2057 CARRANO NICOLA 2020 ARBOUR LOUIS 2060 TOTARO NICOLA

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APPENDIX B

List of employees of the first reserve pool

1326 HARVEY SIMON 6067 LAFORTUNE BENOIT 1331 RINALDIS DOMINIC 6070 LAPIERRE CARL 1332 LEMIEUX SEBASTIEN 6072 SAURIOL CHRISTIAN 1350 MATTHEWS LONNIE 6076 GALLUCCI CLAUDIO 1357 LAPORTE MARC 1388 AMIOT MARTIN 2286 BOILY MICHEL 6003 BRUNET JONATHAN 6008 MCDONALD FITZROY 6009 MICHAUD JONATHAN 6010 CLERMONT MARC-ANDRE 6011 DUVAL ANDRE 6012 VATRANO YANNICK 6013 MARTIN SYLVAIN 6014 AUBUT-BOUCHER CEDRIC 6017 LEBREUX JEAN-FRANCOIS 6019 LACHANCE YANICK 6020 LEPINE PATRICE 6021 AMIOT JEAN MARC 6022 POULIOT SEBASTIEN 6023 GARIEPY JEAN 6024 LAVIGNE SYLVAIN 6025 DUBEAU PIERRE 6026 MINGUY SYLVAIN 6027 CHAPUT PHILIPPE 6028 PAQUETTE MATHIEU 6029 DUFOUR DANNIS 6030 ROLLET CEDRIK 6031 GLADU FANNY 6032 ANDRADE BRUNO 6033 DESJARDINS STEPHANE 6035 RHEAULT JONATHAN 6036 RIVEST MARC-ANDRE 6037 PICARD FRANCOIS 6038 LACASSE MICHEL 6039 BOUCHER YANICK 6040 GILBERT-DESMARTEAU JONATH 6042 OLMEDO EVANS SAMUEL 6044 BEAULIEU-CHARTRAND PIERRE 6045 DENIS MARC 6046 MARQUES PEDRO 6047 PELLETIER JEAN-PHILIPPE 6048 MERCIER MICHEL 6049 ROBILLARD DANIEL 6050 DUPUIS SEBASTIEN 6052 BOLDUC JEAN-MARC 6053 PETIT DIDIER 6055 ABRIGU FRANCIS 6057 FIOCHETTI DENIS 6059 ALBERT PAUL 6061 BOURASSA ALEXANDRE 6064 CARRILLO VANESSA 6065 RODRIGUE CHAM 6066 MICHAUD CHRISTIAN

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List of employees of the second reserve pool

3362 THAMBIAH RAMAN AN 3391 DURANLEAU LUC 6016 VIAU MAURICE 6018 LANGLOIS DAVID 6054 TREMBLAY-LAFOND MATHIEU 6058 SIMARD HELENE 6060 LAGUE JOHANNE 6062 PERREAULT STEPHANIE 6063 GUELDRY CHRISTIAN 6068 AREVALO EDGAR-AGUSTIN 6069 WOLFE EMILIE 6074 LACHQAR MOHAMED 6075 GAGNON JOSEE 6077 RIVET JOSEE 6078 HENRIQUEZ LEONARDO 6079 NATERS SANTIAGO 6080 PRODISTEANU ION 6081 MARQUES HUGO

List of employees of the maintenance reserve pool

2058 POIRIER VICTOR 2061 CLOUTIER ALEXANDRE 2065 AUGER BENOIT 2066 GODON JEAN-FRANCOIS 2068 MORRISSEAU MARIO 2069 BELLEMARE DANY 2078 BOISSELLE ERIC 2080 LABELLE DOMINIC 2081 GAUTHIER BENOIT 2087 MOLLINS GARY 2088 MORA MANUEL 2089 SUTHERLAND JAMES 2093 SAURIOL ALEXANDRE 2094 BERUBE ALEXANDRE 2095 HUARD JEAN-FRANCOIS 2096 LALONDE PASCAL 2097 CHAYER SYLVAIN

List of reserve pool employees – Letter of agreement

445 RIENDEAU DENIS 733 BOUCHER JEAN 1931 PELLETIER YVES

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APPENDIX “C”

WAGE RATES IN FORCE FOR THE YEARS 2013, 2014, 2015, 2016, 2017 et 2018

The parties agree to update the tables of Appendix "C of the collective agreement in order to modify the wage rates in force for the years 2013, 2014, 2015, 2016, 2017 and 2018 by increasing the basic hourly wage rate as follows:

January 1st to June 30th 2013: basic hourly rate $ 32.44 July 1st to December 31th 2013: basic hourly rate $ 32.76 January 1st 2014 to December 31st 2014: basic hourly rate $ 33.34 January 1st 2015 to December 31st 2015: basic hourly rate $ 34.00 January 1st 2016 to December 31st 2016: basic hourly rate $ 34.68 January 1st 2017 to December 31st 2017: basic hourly rate $ 35.38 January 1st 2018 to December 31st 2018: basic hourly rate $ 36.09 (2% increase)

increase according to the 2017 CPI * maximum rate = $36.44 (3% increase)

(The salary tables are part of a separate document)

(*) See interim provisions – various provisions

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APPENDIX "C" - (cont'd)

a) Meal hours

In the event longshoremen are required to work through a meal hour and will continue to work beyond such meal hour, the wage rate they will be paid for such hours worked beyond the meal hour will be either the meal hour rate or double the rate for the hours following the meal hour. The higher of these rates is the rate they will be paid. The hour of extension stipulated in Article 14.03 a) related to receiving and shipping conventional cargo only (non- containerized) will be paid at time and one half the applicable rate preceding said extension period. b) Rates of pay for Leadhands

A premium of $0.10 per hour shall be paid for all hours worked or paid by job security. It is agreed that such $0.10 premium is to be increased in accordance with the rates of pay for overtime. c) Rates of pay for Foremen

A premium of $1.00 per hour shall be paid for all hours worked or paid by job security. It is agreed that such $1.00 premium is to be increased in accordance with the rates of pay for overtime. d) Rates of pay and working conditions for Walking Bosses

The rates of pay and working conditions for Walking Bosses will be the following:

LOGISTEC:

Permanent Walking Boss: - All hours worked at double time (Bulk and Conventional) - Fishing at double time

Substitute Walking Boss: - 8 hours at time and one half and (Bulk and Conventional) 1 hour at double time

CAST:

Permanent and Substitute - 9 hours at double time per day plus an additional $3.00 per hour

Walking Boss: - Walking bosses who work the 6:00 to 16:00 shift are paid 11 hours at double rate plus an additional $3.00 per hour TERMONT:

Permanent Chief Walking Boss: - 9 hours at double time per day Monday to Friday

- Fishing on assignment – 9 hours at double time

- walking bosses whose shift is from 6:00 to 16:00 receive 11 hours at double time

Substitute walking boss (dispatchable): - from Monday to Friday, on the 7:00 to 15:00 shift and on the 15:00 to 23:00 shift, 9 hours at double time

- from Monday to Friday, on the 23:00 to 07:00 shift as well as Saturdays and Sundays and statutory holidays, 9 hours

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at double time plus an additional $3.00 per hour;

- walking bosses who have a 6:00 to 16:00 shift receive 11 hours at double time

EMPIRE:

Permanent Walking Boss: Work on ships

- 4 hours at time and one half and 4 hours at double time

- Fishing at double time

Terminal Work

- 8 hours at time and one half

- Fishing at time and one half for evening shift assignment and fishing at double time for night and weekend assignments

Substitute Walking Boss: Work on ships

- 4 hours at time and one half and 4 hours at double time

- Fishing at time and one half for evening shift assignment and fishing at double time for night and weekend assignments

Terminal Work

- 8 hours at time and one half

- Fishing at time and one half for evening shift assignment and fishing at double time for night and weekend assignments

CERES:

Permanent Walking Boss: - 2 days at time and a half and 3 days at double time

- if ship during 5 days: 5 days at double time

Substitute Walking Boss: - Monday to Wednesday at time and a half and Thursday and Friday at regular time with the premium as stipulated in collective agreement

- if dispatched on ship: double time

- 1 hour at double time per additional day

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RACINE:

Permanent and Substitute Walking Boss: - 9 hours at double time per day plus an additional $3.00 per hour

- Walking bosses who work the 6:00 to 16:00 shift are paid 11 hours at double rate plus an additional $3.00 per hour

e) The various rates of pay stipulated and working conditions in the present Appendix "C" may only be modified as a result of an agreement between the parties.

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APPENDIX "D"

SUPPLEMENTARY UNEMPLOYMENT BENEFIT PLAN

FOR EMPLOYEES, MEMBERS OF LOCAL 375

OF THE CANADIAN UNION OF PUBLIC EMPLOYEES

ARTICLE 1 - DEFINITION

To interpret the provisions of the present plan, the definitions of the following terms are:

1.1 "Date of coming into force", at the signing of the new collective agreement.

1.2 "Expiry date", the date at which the collective agreement expires.

1.3 "Employer", the M.E.A.

1.4 "Employee", each longshoreman covered by job security who is a member of the Union.

1.5 "Collective agreement", the collective agreement in effect between the employer and the Union, as it is in force or as modified by supplementary agreements agreed to by the employer and the Union.

1.6 "Union", Local 375 of C.U.P.E.

1.7 "Job Security", an agreement between the employer and the Union by which, for a predetermined time as stipulated in said collective agreement, a specified number of employees must be available for work on a daily basis in order to be paid, whether or not they have to work.

1.8 "Unemployment Insurance", the system or program established in conformity with a law of the Government of Canada, which determines the benefits payable to unemployed persons due to lay-offs and whereby the eligibility of an employee to said benefits is not determined in terms of a "justification" of the methods or the disability and in which the "unemployment insurance benefits" are payable as unemployment insurance.

1.9 "Weekly pay", the hourly rate paid to the employee, established in the collective agreement as the basic hourly rate - and not the overtime hours - multiplied by forty (40), or thirty-two (32) or thirty-six (36) hours depending on the level of job security guarantee, as stipulated in the collective agreement.

1.10 "Plan", the supplementary unemployment insurance benefit plan described herein and as it may be modified from time to time.

1.11 "Weekly Benefits" are those that may be paid to the employee for a week of unemployment which falls in the employee's period of benefit and is a sum equal to 60% his average insurable weekly pay during his weeks of reference.

1.12 "Weeks of Reference" are the last insurable weeks of employment of his period of reference as defined by law.

ARTICLE II - FUND

2.1 The distribution of periodic payments to employees temporarily laid off will be made by the Maritime Data Center on a distribution basis as required, distinct from the distribution of the pay. Consequently, at the winding-up of the plan, there shall be no funds to distribute.

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ARTICLE III - ELIGIBILITY TO BENEFITS

3.1 Application for benefits

No employee will be eligible to receive benefits before he has completed a formal application in accordance with the provisions of Article 3.3 and on condition that he meets the requirements of eligibility mentioned in Article 3.2.

3.2 Eligibility

An employee will be eligible for benefits, provided he has been temporarily laid off only because of a lack of sufficient work in the port where he normally works, for the week for which he is applying, and that the first day of said week falls after the date on which this agreement goes into effect; in addition, that:

a) Said lay-off: 1. had started on or after the date on which this agreement came into force; 2. had no disciplinary reason; 3. was not the result of: i) a strike, a slowdown or a work stoppage, picketing (by the employee or not) or the result of concerted action in the port where the employee normally works; or ii) a war or an hostile act by a foreign power; or iii) sabotage or a rebellion; or iv) an act of "force majeure" as defined in the applicable collective agreement.

b) With reference to said week which falls in a work period during which the employee is eligible for job security, and:

1. that the employee has registered and applied at an office of Employment and Immigration, has established his right and is in receipt of unemployment insurance benefits as a result of a lack of work; 2. the employee did not refuse work when he was recalled by the employer; 3. the employee was not eligible for benefits deriving from the C.S.S.T., a welfare benefit plan, either public or private, totally or partially financed by the employer.

c) The employee will have the right to receive benefits during the two-week delay.

3.3 Formal Procedure

The formal procedures to be followed by the employee are as follows:

a) The employee will supply the employer with proof attesting to his eligibility for unemployment insurance benefits as a result of the lay-off in question, in conformity with the provisions of Article 3.2.

b) After having supplied the required proof, the employee may request the benefits to which he is entitled in accordance with the plan.

3.4 Loss of right to benefits

An employee will lose all his rights to the benefits to which he could be entitled if, at any moment, he voluntarily makes a false declaration in his application for the benefits covered by this plan.

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ARTICLE IV - AMOUNT AND DURATION OF BENEFITS

4.1 Amount

The weekly benefits payable for each complete week of lay-off will amount to:

"A sum which, added to the weekly benefits of the unemployment insurance received by the employee for said week, shall equal one hundred percent (100%) of his weekly pay for said week".

In the event the benefits payable in accordance with this plan cover a period less than a normal week of work, said benefits will be calculated in conformity with the preceding method in proportion to a complete week of lay-off calculated for five (5) days.

4.2 Income tax deductions

The employer will withhold the necessary amounts from the benefits, in conformity with the income tax and other federal or provincial laws.

4.3 Maximum duration of payments

An employee will not have the right to weekly benefits when a lay-off occurs after:

a) he stops being entitled to unemployment insurance benefits; or

b) the period of work in which he is entitled to job security.

Notwithstanding the above, no payments will be made in accordance with this plan after the expiry date.

ARTICLE V - MISCELLANEOUS

5.1 Obligation

The provisions contained in Articles I to IV inclusively constitute the complete plan. Without limiting the above, the employer will not have to distribute benefits other than those mentioned in the plan and he will not be obliged to provide benefits other than those listed in the plan.

5.2 Rights to the fund

Employees will have no right, title or interest to the Management's contributions remitted in the plan by the employer.

5.3 Non-alienation of benefits

None of the benefits distributed to an employee can be the object of alienation, sale, transfer, assignment, pledge, bond, seizure, execution or mortgage of any kind; any attempt of this kind will be null and void.

However, in the event such an attempt is made, the employer, at his complete discretion, may cancel any advantage said person has to the benefits and either apply said sum to the employee's credit or directly to him, and this decision will be considered as receipt in payment of all obligations relative to said benefits.

5.4 Other payments

Payments made towards the guaranteed annual remuneration, a deferred remuneration and the buy-out benefits, are neither increased nor decreased by the benefits received through this plan.

5.5 Modifications

Human Resources and Skills Development Canada will be informed in writing of any modification to this plan within thirty (30) days of its coming into force.

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APPENDIX "E"

EMPLOYEE ASSISTANCE PROGRAM

1. Statement of Principles

The objective of this appendix is to establish an Employee Assistance Program in which the M.E.A., employees and the Union participate in order to help, in complete confidence, employees resolve their personal, social, financial and health problems.

The M.E.A., jointly with the Union, agrees that these problems can be solved as long as they are detected early and the persons living these problems are led to the appropriate resources.

We realize that particularly alcoholism, drug abuse and personal, social, financial and health problems influence the environment in which we intervene. To this end, the M.E.A. and the Union endorse the medical definition of alcoholism and drug abuse, as the case may be, which considers this illness as progressive and, if not treated, can bring about permanent disability and even death. These illnesses can be treated as long as the persons suffering from these accept to be treated and receive the support of their peers.

Consequently, we recognize that:

a) an employee suffering from these illnesses will receive the same attention and the same consideration as an employee suffering from any other illness;

b) the first responsibility to solve these problems belongs to the employee and he can be helped if he indicates his desire to do so;

c) his consent to be rehabilitated will in no way hinder his job security;

d) the employee will receive health insurance benefits during his treatment and rehabilitation, just as he would should he suffer from any other illness;

e) employees who register with this program will not benefit from any special privilege concerning the application of current practices;

f) nothing in this document prevents Management from imposing disciplinary measures nor prevents the Union from filing grievances.

2. Objectives of the Program

The objectives of the program are based on our intention to help those employees suffering from these problems so that they may regain their health and their productivity at work. We hope to achieve this by creating a Joint Committee. This program will be more efficient because:

a) the assistance provided will be confidential;

b) the persons who wish to benefit from this program will do so on a voluntary basis;

c) job security will never be affected as a result of someone registering with this assistance program.

3. Responsibilities of the Joint Committee

The Joint Committee (each party delegating two representatives) will ensure that the program is ongoing and will institute whatever corrective measures are deemed necessary. The committee will supervise the work performed by the coordinator, as well as the training and information programs and preventive measures which could include vocational retraining programs.

4. Responsibilities of the Program's Coordinator

The Program's Coordinator will be responsible for:

a) implementing the program, under the direction of the Joint Committee, in accordance with the principles and objectives of said program;

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b) understanding fully the health insurance plan in force and applicable to the joint employee assistance program;

c) forwarding to the Joint Committee general statistical information, for example, the number of employees who are participating in the program, the number of references given to the employees in difficulty, the rate of success relative to the solving of these problems, etc. However, these reports must be made so that the absolute confidentiality of this information is assured.

This Employee Assistance Program is jointly implemented by the M.E.A. and the Union to allow employees involved to regain their dignity and their productivity at work.

5. Salary of the person responsible for the Employee Assistance Program

The weekly salary of the person responsible for applying the program is equivalent to forty-eight (48) hours per week at time and one half the basic rate. Also, expenses incurred by that person within the context if his duties will be reimbursed up to an amount of one hundred and forty dollars ($140) per week on presentation of supporting documents to the Maritime Employers Association.

The employer will reimburse the Union the maximum sum of one thousand two hundred dollars ($1,200) annually, on presentation of supporting documents, to allow the person responsible for the Employee Assistance Program to participate in meetings and symposiums regarding the subjects mentioned in the Statement of Principles.

Moreover, the employer will reimburse the Union the sum of seventy dollars ($70), on presentation of supporting documents, to cover the costs of a cellular phone for the person responsible for the assistance program.

The person responsible for the program may be replaced or assisted from time to time by another employee, member of the Union, for a period not exceeding four (4) months in total during one year.

Also, additional resources may be added and, to this end, a bank of some one thousand two hundred and forty hours (1,240) at the basic wage rate per calendar year is established.

The Union will inform the Maritime Employers Association in writing at the signing of the collective agreement of the name of the person responsible for the Employee Assistance Program and it will do the same for his replacement.

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APPENDIX "F"

INTERIM PROVISIONS

1. WORKFORCE

It is agreed that the M.E.A., after consultation with the Classification Committee provided for in Letter of Intent No. 7, will review the manning requirements as of April 15, 2013.

Notwithstanding the preceding, the M.E.A. pledges to evaluate the impact of a maximum reduction of fifteen (15) employees, from the group of employees benefitting from the conditions of Letter of Intent No. 6 regarding gantry cranes, and to bring about modifications, if necessary, through the Classification Committee.

The number of employees that are part of the second reserve pool is of twenty (20). This number is maintained after the signature of the collective agreement and is adjusted in order to meet the real manning requirements.

2. Accession to the reserve pool as a result of retirement:

For each employee that retires, a new employee will be added progressively to the first reserve pool. The progression is initially established as one (1) reserve employee for three (3) retirements for the year 2013.

The work of the Classification Committee, as concerns the reserve pools, is incorporated within the mandate provided for in Letter of Intent No. 22, which aims to improve the layoff system. The Classification Committee is responsible for maintaining a sufficient number of employees in the first reserve, up to a maximum of ninety (90), in order to ensure optimal work organization.

3. CALCULATION OF CREDIT HOURS

All credit hours stipulated in the former collective agreement and passed on to this agreement, i.e. in Articles 1.03 d), 11.21, 11.23, 19.02 and Appendix “E” will continue to be compiled keeping in mind the hours already used during the part of the year 2013 that has elapsed.

4. PENSION AND WELFARE

a) At the effective date of the collective agreement, there will be an adjustment made between the amounts already paid by the M.E.A. as part of the pension, welfare, actuarial deficit and coinsurance and the M.E.A.’s financial obligations as described in Article 18.01 a).

b) Notwithstanding the preceding, the additional monthly payment which corresponds to $0.25 an hour for the actuarial deficit (pension) mentioned in article 18.01 a) i) begins on the 1st of January, 2013.

Retroactive payments mentioned above will be made in the thirty (30) days following the signature of the collective agreement.

5. IMPLEMENTATION OF THE WORK SHIFT CHANGES PROVIDED FOR IN ART. 14.03 D)

It is agreed that the implementation of the new work shifts beginning at 07:00, 11:00, 11:30, 12:00, 15:00, 15:30, 17:00 and 23:00 will not take effect before the 1st of June 2013, but will take effect on the 3rd of September 2013 at the latest. Until the implementation of the new shifts, the interactive terminals will be installed in order to allow employees to give and receive their assignments. The shifts that are in force are those provided for in the collective agreement that expired on the 31st of December 2012.

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6. BUY-OUT PROGRAM

This program ended at the end of the previous collective agreement, on the 31st of December, 2012. However, payments will continue to me made until the 1st of July 2016.

a) A buy-out program spread over five (5) years is possible for fifty (50) employees covered by the job security plan in accordance with the following conditions:

- an employee participating in this program must satisfy the following criteria:

 all members having job security may benefit from this buy-out program.

- the employee participating in this program can be on lay-off for one (1) year beginning the first Saturday following the signing of the document relative to this program;

- the employee receives an amount of $25,000 for the five subsequent years, i.e. 260 monthly payments of $480.77;

- the M.E.A. may pay the amounts stipulated in the preceding paragraph to the Union’s Social Security Plan upon presentation of a proxy on the part of the employee participating in the buy-out program; the payment procedures per candidate are as follows:

1st November 2011: $6,250

1st January 2012: $6,250 1st April 2012: $6,250 1st July 2012: $6,250 1st October 2012: $6,250

1st January 2013: $6,250 1st April 2013: $6,250 1st July 2013: $6,250 1st October 2013: $6,250

1st January 2014: $6,250 1st April 2014: $6,250 1st July 2014: $6,250 1st October 2014: $6,250

1st January 2015: $6,250 1st April 2015: $6,250 1st July 2015: $6,250 1st October 2015: $6,250

1st January 2016: $6,250 1st April 2016: $6,250 1st July 2016: $6,250

- when the employee volunteers to participate in the buy-out program, the M.E.A. stops the prescribed pension and welfare payments.

- in order to participate in this program, each employee must sign the document required by the M.E.A. concerning the implementation of the program. This document must be co-signed by a Union representative.

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a) The Union must supply a list of the names of employees who wish to participate in the buy-out program no later than October 15, 2010. Should the number of fifty (50) not be attained, additional time is possible until October 29, 2010.

b) On October 29, 2010, if the total of available dispatchable buy-out employees is below fifty (50) or does not include the equivalent of fifty (50) excluding maintenance employees, the annual job security baseline of $6,837,600 stipulated in Letter of Intent No. 18 will then be reduced by the difference between fifty (50) and the actual buy-out number of available dispatchable employees multiplied by $62,000.

The corresponding amount resulting from the preceding paragraph is readjusted upward by segments of $62,000 for any departure, death, retirement or early retirement of available dispatchable employees benefitting from job security as stipulated in Article 15 on the date of this agreement, until an amount of fifty (50) is obtained or the baseline is at $6,837,600.

c) The M.E.A. may accept or not any buy-out request above fifty (50).

7. VARIOUS PROVISIONS

a) The parties agree that for 2018, the salaries provided for in Appendix “C” of the collective agreement will be increased according to the annualized consumer price index (CPI) for the city of Montreal, for the previous year.

The minimum applicable is of 2% and the maximum applicable is of 3%.

If necessary, adjustments to the hourly rates will be made no later than forty- five (45) days after the publication of the CPI for 2017, and such adjustments will be retroactive to the 1st of January 2018. The payment will be made in the forty-five (45) days following such publication.

b) Approved protective footwear

The amounts for the purchase of protective footwear provided for in the expired collective agreement are still being compiled, taking into consideration the amounts used since the 28th of October 2012.

c) The Classifications Committee will study on a quarterly basis the impact of Article 15.08 on the employees.

d) The Classifications Committee will study the effect that could have the voluntary lay-off requests during the day-shift week of an employee on the dispatch lists stipulated in Article 7.

8. Appendix “A3” and Appendix “B3”

Pursuant to articles 28.02 and 28.03, new lists will have to be created. Mr. Jacques Dion’s name must be included in the forty-two (42) employees of annex A3, in compliance with the special agreement regarding his sector transfer.

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APPENDIX “G”

D I S C I P L I N E C O D E

1) This list of infractions is not restrictive and the employer may impose disciplinary sanctions for any other just and sufficient cause, taking into account the frequency and the seriousness of the infraction.

2) It is understood that any suspension, in addition to the day on which the infraction was committed, will be set by Management, in accordance with the provisions of Article 4.

3) It is agreed that the M.E.A. will only impose disciplinary sanctions for infractions related to the activities covered by this collective agreement.

INFRACTION 1st OFFENCE

Insubordination Suspension for the balance of the day, plus three (3) days.

Sabotage Dismissal.

Inebriation on the job Preventive dismissal without pay for the rest of the day, and use of illegal drugs plus first (1st) warning.

Theft Dismissal.

Intimidation or threats Three (3) months.

Assault Dismissal.

INFRACTION 2nd OFFENCE

Insubordination Suspension for the balance of the day, plus three (3) days.

Sabotage ------

Inebriation on the job Preventive dismissal without pay for the rest of the day, and use of illegal drugs plus second (2nd) warning *.

Theft ------

Intimidation or threats Dismissal.

Assault ------

INFRACTION 3rd OFFENCE

Insubordination Dismissal.

Sabotage ------

Inebriation on the job Preventive dismissal without pay for the rest of the day, and use of illegal drugs plus three (3) days *.

Theft ------

Intimidation or threats ------

Assault ------

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INFRACTION 4th OFFENCE

Inebriation on the job Preventive dismissal without pay for the rest of the day, and use of illegal drugs plus one (1) week *.

INFRACTION 5th OFFENCE

Inebriation on the job Dismissal. and use of illegal drugs

* In all cases of infractions related to inebriation on the job and the use of illegal drugs, a meeting must be held between the employee, his/her Union representative and the employer's representative in order to establish the most appropriate method of dealing with this situation.

INFRACTION 1st OFFENCE

Did not phone Job refusal Suspension for the rest of the day.

Did not show Suspension for the rest of the day.

INFRACTION 2nd OFFENCE

Did not phone Suspension for the rest of the day. Job refusal

Did not show Suspension for the rest of the day, plus three (3) days.

INFRACTION 3rd OFFENCE

Did not phone Suspension for the rest of the day Job refusal plus one (1) day.

Did not show Suspension for the rest of the day, plus one (1) week.

INFRACTION 4th OFFENCE

Did not phone Suspension for the rest of the day Job refusal plus two (2) days.

Did not show Suspension for the rest of the day, plus two (2) weeks.

INFRACTION 5th OFFENCE

Did not phone Suspension for the rest of the day Job refusal plus three (3) days.

Did not show Suspension for the rest of the day, plus one (1) month.

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APPENDIX “H”

CONDITIONS RELATIVE TO THE APPLICATION OF VOLUNTARY LEAVE

1. Dispatchable employees covered by the job security plan may take five days of voluntary leave per year.

2. This leave may be taken from Monday to Friday, during the weeks 2 to 8, 11 to 17 and 38 to 49, and in periods of eight hours when the employee is not limited to an assignment during the day.

3. Employees wishing to avail themselves of such a leave must make the request to the M.E.A. at the Dispatch Centre between 9:00 and 16:30, from Monday to Friday, at least forty-eight (48) hours in advance.

4. The M.E.A. establishes for each day the number of employees in each primary classification and the total number of employees for the port who can benefit from this program.

A minimum of ten (10) employees and a maximum of thirty (30) employees per day can benefit from this program.

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LETTERS OF INTENT # 1 TO 22

BETWEEN: THE MARITIME EMPLOYERS ASSOCIATION

AND: LE SYNDICAT DES DÉBARDEURS, C.U.P.E, LOCAL 375

***************************************

LETTER OF INTENT #1

SUBJECT: Partnership agreement and establishment of a Joint Labour Relations Committee a) This agreement comes about as a result of the parties' wish to introduce new labour relations practices because, on the one hand, the Union is aware that companies need to take a position concerning present and future challenges and, on the other hand, the employer is aware that the Union and the longshoremen play an important role in realizing the parties' common objectives, which are to maintain and develop the companies' activities and workforce, as well as the working and living conditions of the longshoremen who are major players in satisfying clients' requirements. b) In order to generate a favourable climate to fulfil this agreement, the renewal of the collective agreement, the parties agree to form a Joint Committee comprising actual deciders from each of the parties. The committee will work in such a way as to resolve problems based on five (5) basic principles:

i) treat questions so as to separate the dispute from the personalities involved;

ii) concentrate on the interests involved in order to facilitate one or more judicious solutions;

iii) visualize a wide range of solutions before taking a decision, always with the intent of creating a dialogue

iv) insist that the result be based on objective criteria.

v) seek and propose alternatives to the organization of work in order to maintain and improve work efficiency and the quality of life of longshoremen.

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LETTER OF INTENT #2

SUBJECT: Fishing Procedure - Contrecoeur Sector

The following fishing procedure will apply to the Contrecoeur Sector: a) Shortages resulting during the regular dispatch, job refusals as well as extras will be dealt with during the fishing dispatch from 4:00 to 6:00, afterwards during the fishing dispatch at 6:30 from the Hiring Hall. b) When one or more employees do not show up at the beginning of the shift:

i) a telephone listing of employees who reside in close proximity to the Contrecoeur Terminal and who wish to do some fishing is established;

ii) the employer communicates by phone with the employees on this list in accordance with the applicable call lists; c) Notwithstanding the preceding, the parties agree to review the fishing procedure through the Classification Committee, in concordance with the arrival of the computerized terminals.

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LETTER OF INTENT 3

SUBJECT: Sequence of fishing assignments

It is agreed that fishing assignments will be given to employees in the following sequence:

1. Summer Work Guarantee Period

A) Conventional classifications for work periods beginning at 07:00, 08:00, 11:00, 11:30, 12:00 or 13:00 from Monday to Friday, except on Statutory Holidays:

i) Employees members of the first reserve pool;

ii) Employees covered by the job security plan holding a conventional classification in primary;

iii) Employees covered by the job security plan holding a primary classification other than in conventional;

iv) Employees members of the second reserve pool.

B) All other classifications except those stipulated in paragraph A) above for work periods beginning at 07:00, 08:00, 11:00, 11:30, 12:00 or 13:00 from Monday to Friday, except on Statutory Holidays:

i) Employees members of the first reserve pool;

ii) Employees covered by the job security plan;

iii) Employees members of the second reserve pool.

C) All classifications for any other work period that those specified in paragraphs A) and B)

i) Employees covered by the job security plan;

ii) Employees members of the first reserve pool;

iii) Employees members of the second reserve pool;

2. Winter Work Guarantee Period

A) Conventional classifications for work periods beginning at 07:00, 08:00, 11:00, 11:30, 12:00 or 13:00 from Monday to Friday, except on Statutory Holidays:

i) Employees covered by the job security plan who are with the Winter "B" Group;

ii) Employees members of the first reserve pool;

iii) Employees covered by the job security plan who are with the Winter "A" Group and who hold a conventional classification in primary;

iv) Employees covered by the job security plan who are with the Winter "A" Group and who hold a classification other than conventional in primary;

v) Employees covered by the job security plan who are with the Winter "C" Group;

vi) Employees members of the second reserve pool.

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B) All other classifications than those specified at paragraph A) for work periods beginning at 07:00, 08:00, 11:00, 11:30, 12:00 or 13:00 from Monday to Friday, except on Statutory Holidays:

i) Employees covered by the job security plan who are with the Winter "B" Group;

ii) Employees members of the first reserve pool;

iii) Employees covered by the job security plan who are with the Winter "A" Group;

iv) Employees covered by the job security plan who are with the Winter "C" Group;

v) Employees members of the second reserve pool.

C) All classifications for all other work periods than those specified in paragraphs A) and B)

i) Employees covered by the job security plan who are with the Winter “B” Group;

ii) Employees covered by the job security plan and who are with the Winter “A” Group;

iii) Employees members of the first reserve pool;

iv) Employees covered by the job security plan and who are with the Winter “C” Group

v) Employees members of the second reserve pool.

Fishing assignments of employees members of the first and second reserve pools will be done in accordance with three (3) daily rotations (roulette) respectively for the work periods beginning at 07:00, 15:00 et 23:00.

Moreover, it is agreed that, to give preference to members of the Winter “B” Group and the first reserve pool, fishing assignments for members covered by paragraphs 1 A) i), 1 B) i), 2 A) i), 2 A) ii), 2 B) i) and 2 B) ii) will take into account general or equivalent classifications.

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LETTER OF INTENT #4

SUBJECT: Washrooms and Rest Rooms

The parties agree to meet concerning improvements to be made to the washrooms and rest rooms under the jurisdiction of M.E.A. member companies, including cleaning and furniture.

Moreover, both parties agree to meet with the appropriate authorities of the Port of Montreal to discuss improvements to be made to the washrooms and rest rooms under the jurisdiction of the Port of Montreal.

The M.E.A. agrees to make the necessary representations before the interveners concerned in order to facilitate the application of corrective measures, if necessary.

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LETTER OF INTENT# 5

SUBJECT: Contrecoeur Sector - Linesmen

Employees may be hired occasionally to replace an employee or to fill a shortage when lines need to be handled in Contrecoeur.

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LETTER OF INTENT # 6

SUBJECT: Gantry Cranes

WHEREAS the provisions of the collective agreement and more particularly Article 19.02 a) and letters of intent No. 1 to 22;

WHEREAS the particular situation that applies to gantry crane classifications and the requirement for the parties to find a solution that would benefit all parties;

THE PARTIES AGREE TO THE FOLLOWING:

1. All employees who will be admitted, following a posting, to a gantry crane classification in primary (OPONR, TAGAN, SGANT and OPONE) will necessarily require some adaptation and will only hold in secondary the other gantry crane classifications;

2. Moreover, said employees may, if they wish, hold or not, one or other secondary classifications that are not those for gantry cranes;

3. This agreement applies for the new gantry crane positions in primary that must be filled through the posting process;

It is agreed that employees who hold, at the signing of this agreement, a primary gantry crane classification, may take advantage of the provisions of Articles 1 and 2, as long as they hold a seniority ranking lower than that of the last employee who takes advantage of this present agreement;

4. One or the other of the two (2) parties may cancel this agreement if less than thirty (30) employees (including any new candidates) take advantage of this agreement;

5. This agreement has no value as a precedent, may at no time be invoked by one or the other of the two parties or apply to other classifications, whether primary or secondary, unless a mutual agreement occurs between said parties;

6. This agreement has precedence over any incompatible provision of the collective agreement.

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LETTER OF INTENT #7

SUBJECT: Mandate of the Classification Committee (Article 8.01 h)

It is agreed in Article 8.01 h) of this collective agreement that a committee is formed whose mandate is to study:

1. the M.E.A.’s manning requirements; 2. the modifications to the classifications; 3. the modifications whether selective or permanent brought to the dispatch system by management; with the objective of trying to bring some solutions.

The committee’s mandate is:

Concerning dispatch:

 Study the modifications whether selective or permanent brought to the dispatch system by management in order to fill operational requirements;

 Suggest modification proposals to the dispatch system in accordance with the need to maintain or improve the efficiency of the present system and decrease the need for selective modifications to said system, such as using the classifications “alternate”. Ex.: Change the dispatch stages

Concerning classifications and manning requirements:

 Study and recommend modifications to the M.E.A.’s manning requirements;

 Notify of any modifications to secondary classifications, in accordance with the collective agreement, before they are implemented;

Are excluded from this agreement, the requests for modifying classifications following the application of Article 27;

 Study the classifications given to employees in accordance with the collective agreement and the modifications that could be brought to bear.

The committee will be comprised of two permanent representatives from each of the parties.

The committee will meet on a monthly basis, on a day agreed to by the parties and on an “ad hoc” basis when one of the parties considers it necessary.

A dispute concerning the granting of classifications is discussed at the Joint Labour Relations Committee stipulated in Letter of Intent # 1.

Notwithstanding the preceding paragraphs, the employer will make the final decision in accordance with the collective agreement.

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LETTER OF INTENT # 8

SUBJECT: Extreme temperature

The M.E.A., its member companies and the Union agree to mandate local health and safety committees to discuss measures to be taken selectively in order to protect workers in extreme temperatures.

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LETTER OF INTENT # 9

SUBJECT: Special conditions for Messrs. Denis Riendeau # 445 and Jean Boucher # 733

1. The parties agree that the aforementioned employees are not eligible for the Job Security Plan or the Guaranteed Number of Hours Plan relative to the first reserve pool.

2. These employees hold the classification OTUGM in primary as well as secondary classifications.

3. These employees are submitted to the same dispatch rules as the employees of the first reserve pool.

4. Notwithstanding the preceding paragraph, the two employees subjected to this Letter of Intent are assigned in priority before the reserve pool and immediately after employees covered by the Job Security Plan. They may make themselves unavailable by phoning the Dispatch Centre to indicate the length of their unavailability at least four (4) hours before the call period to work the next day.

5. The employees’ date of seniority can be utilized for benefits and conditions stipulated in the collective agreement. However, these employees cannot be assigned any other way than by using their present classifications.

6. The employer disburses for these employees the amounts stipulated for the actuarial deficit (pension), pension and welfare as stipulated in Article 18.01 a).

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LETTER OF INTENT # 10

SUBJECT: Procedure to notify in case of absence – Maintenance Employees

A maintenance employee covered by the working conditions stipulated in Article 28 of this collective agreement must notify his employer of all absences from work.

The employee must notify the employer before the beginning of the work shift either by speaking directly to his immediate superior or, outside working hours at the garage, by leaving a telephone message for his superior.

If there is no telephone voice mail available to leave a message as stipulated above, the maintenance employee must then notify the Hiring Hall before the beginning of the work shift for which the employee had been assigned.

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LETTER OF INTENT # 11

SUBJECT: ART. 18.01 b)

Considering the actuarial deficit resulting from the actual evaluation based on the continuity of the plan for the year 2011 and contained in the actuary’s report dated August 6, 2012;

The lump sum payment to help cover the actuarial deficit based on the continuity of the pension plan mentioned in Article 18.01 a) is paid according to the following terms and conditions:

The plan’s actuary will proceed with an actuarial evaluation calculation of said plan as at December 31, 2012. This actual evaluation calculation is done on the basis of the continuity of the plan by using the same actuarial hypotheses and methods and the same formula and payment schedules used for the actuarial evaluation done as at December 31, 2011 and subjacent to Section 2 of his evaluation report dated August 6, 2012. The results stemming from this calculation must be included in the actuary’s report of the plan and forwarded annually to the M.E.A. within the time limits described hereunder:

Regarding the evaluation calculation dated December 31, 2012 described previously, the results of this calculation must be forwarded to the M.E.A. before July 1st, 2013

Regarding subsequent evaluations, the results must be forwarded to the M.E.A. within six (6) months following the date for which the evaluation applies.

The monthly payment corresponding to $0.50 per hour, mentioned in article 18.01 a) i) begins retroactively on the 1st of January 2013 and ends on the 31st of December 2013.

The monthly payment corresponding to $0.75 per hour, mentioned in article 18.01 a) i) begins pm the 1st of January 2014.

The payments cease if the result of the calculations described above indicate that the actuarial deficit, identified in the December 31, 2011 actuarial report dated August 6, 2012, is eliminated.

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LETTER OF INTENT # 12

SUBJECT: HIRING PROCEDURE

The hiring procedure includes the following stages:

1. Interview and Data Collection

The name of the candidate is forwarded by the Union in accordance with the procedure stipulated in the collective agreement.

The employer collects the basic information, including verification of any criminal record that is not compatible with the work of a longshoreman.

2. Verification of eligibility to be hired

Validate the status of the candidate who has passed the preceding stage by requesting an access authorization from the Port of Montreal that will then be verified and approved by Transport Canada in accordance with the regulations in force.

3. Aptitude Tests

The employer verifies the capability and ability of the candidate who has successfully passed the preceding stages to do the work of a longshoreman, including his aptitude in operating heavy equipment and receiving the necessary training, as stipulated in the collective agreement.

When the aptitude test allows for repeating the test in case of a failure, the candidate who has failed may take the test again in accordance with the conditions stipulated in the latter. If the candidate fails a second time, the name of the candidate will be struck from the list until the renewal of the collective agreement and the name of a new candidate is supplied by the Union.

If the name of the candidate be submitted again at the renewal of the collective agreement, the candidate does not have the right to repeat the aptitude test mentioned above if he fails.

4. Medical Examination

The candidate who has been successful in passing the preceding stages will agree to a medical examination to determine if he is able to do longshoring work to the employer’s satisfaction.

5. Basic Course in Health and Safety

The candidate must follow a basic course in health and safety.

Note:

The sequence of the aforementioned stages may be modified.

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LETTER OF INTENT # 13

SUBJECT: SPECIAL WORKING COMMITTEES

1. CONVENTIONAL, PLAN NORD, NORTH ROAD 2. SUBCONTRACTING 3. MAINTENANCE EMPLOYEES

1. In view of the agreement come to between the parties during negotiations relative to the renewal of the collective agreement;

2. Whereas this agreement provides for a review of the implementation of a new general framework for applicable working conditions;

3. In view of the willingness of the parties to agree on a solution for each of these matters and this, while respecting the particularities of each of the companies covered by the collective agreement;

4. THE PARTIES AGREE THAT:

5. For each matter:

6. Fifteen (15) days after the collective agreement comes into effect, a working committee will meet.

7. Each party will appoint, for the duration of each committee’s mandate, two representatives to whom may be joined additional resources in order to help the committee fulfill its mandate.

8. Each of the committees will establish a target schedule for the various tasks to be accomplished.

9. The committee will meet on days approved by the parties, and its mandate will be to re-evaluate and establish new practices for work organization, such as working conditions and work schedules, in compliance with the need to maintain and improve work efficiency and the employees’ quality of life, while ensuring operational requirements and the competitiveness of each employer.

10. If the parties fail to come to an agreement within the six (6) months following the effective date of the collective agreement, the status quo will be maintained.

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LETTER OF INTENT # 14

SUBJECT: Contrecoeur and Bulk Sector – Coffee

Employees will be allowed a reasonable amount of time to take a coffee break without hindering the efficiency of the operation.

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LETTER OF INTENT # 15

SUBJECT: Use of leased equipment/Bulk Sector - Logistec

Notwithstanding present practice concerning the use of hydraulic shovels and payloaders in the Bulk Sector at Logistec, this letter confirms that the use of said equipment is subject to the provisions of Article 1.09 a) 24) of this collective agreement.

Consequently, Logistec will now lease equipment without operators.

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LETTER OF INTENT # 16

SUBJECT: Leased Equipment (Article 1.09 a) 24)) Trucks leased without operators (Article 1.09 a) 25)) Sub-contracting in garages (Article 1.09 a) 22))

The parties agree to limit to the present level the use of sub-contractors in the Port of Montreal.

They also agree to set up a committee whose mandate will be to study possible courses of action to decrease the number of sub-contracts with the understanding that the objective is to reduce the number of workers working on sub-contracting work and replace them with members of the Union.

This Committee will also be mandated to study the problems surrounding the leasing of equipment and trucks with operators in order to limit their use in cases where the employer is reasonably unable to obtain any.

**************

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LETTER OF INTENT # 17

SUBJECT: Trigger for the reduction of job security (release)

1. Minimum employee level

The minimum employee level is the number of employees determined on the 1st of April 2013, namely 750.

2. Hours of reference

In order to calculate the reduction of job security, the hours of reference are those agreed to by the parties, namely 1,154,628 hours.

3. Minimum numbers of hours for the trigger

Job security reduction will be triggered after a reduction of 50,000 hours and it will be calculated on the hours of work from the past calendar year as stipulated in article 13.01 b) ii) iii).

4. Administering method for employees below the minimum employee level

For employees below the minimum employee level as of the 1st of April 2013, a maximum of 93 employees can be affected by the release. Once the process is engaged, each reduction of 1,333 hours is equivalent to 1 employee being subject, during the next summer season, to job security calculated with one extra day. For example, an employee who is currently covered by job security of 40 hours over 5 days would temporarily be given job security of 40 hours over 6 days until the next annual calculation.

In the event that the reduction of hours is greater than 124,000 hours (1,333 hours * 93 employees), the M.E.A. will be able to offer a special hourly contribution program according to a formula agreed to by the parties. The minimum number of employees will be reduced by each of the employees claiming the benefits of the special hourly contribution program. Employees hired after the signature of this collective agreement will not be eligible for the additional special hourly contributions (pension).

At the time of the annual calculation, for each increase of 1,333 hours, 1 employee will recover his original job security during the following summer season. The employee who has the most seniority is first to recover his original job security.

5. Procedure for employees hired after the 1st of January 2013

For employees hired after the 1st of January 2013, and over the minimum level of employees of 750, the administering method is as follows:

The calculation of the 50,000 hour reduction will be made on the duration of the collective agreement, based on the hours that allowed a yearly increase of the minimum number of employees, as stipulated in article 13.01 b) ii), as well as each year during which the calculation of hours allowed the hiring of new employees. The new total number of hours equivalent to their hiring, minus 50,000 hours, will trigger the release for the reduction of their job security.

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Once the process is engaged, each reduction of 3,000 hours is equivalent to 1 employee being subject, during the next summer season, to job security calculated with one extra day.

At the time of the annual calculation, for each cumulative increase of 3,000 hours, 1 employee will recover his original job security. The employee who has the most seniority is first to recover his original job security.

6. Seniority and years of service

The application of the present agreement must respect seniority and this whether there is a reduction or an increase of work hours. Furthermore, it must be applied in concordance with the results of the committee from Letter of Intent No. 22 relative to lay-offs.

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LETTER OF INTENT # 18

SUBJECT: JOB SECURITY PLAN AND UNION’S SOCIAL SECURITY PLAN

Whereas the situation regarding the cost of job security, the situation concerning the actuarial deficit relative to the continuity and solvency of the social security plan and the welfare deficits, the parties agree to the following:

It is agreed that, as at the 2012 calendar year, an annual job security cost (adjusted according to the terms of paragraph a) hereafter), inferior to $6,922,957.00 will result in a lump sum payment remitted to the Union’s Social Security Plan as management’s contribution to the deficit.

Management’s contribution will be remitted according to the following terms and conditions:

a) Baseline

To calculate management’s contribution, the parties agree on the following reference data:

An annual cap of job security costs of $6,922,957.00 per year. Starting on the 1st of July 2013, this amount will be indexed at the same percentage as the wage rates in Appendix “C”.

Only the following elements, as presented in the document entitled “Job Security Plan – components *Local 375*” on September 1st, 2010 will be taken into account in the calculation of job security.

 Hiring Hall ;  Stand-by temperature ;  Guarantee - 900 hours first reserve pool ;  Advances SE ;  PSAC ;  Pre-hiring medicals ;  Psychometric tests – honorarium, hiring ;  CSST ;  CSST – MDC administrative expenses;  MDC – administrative expenses ;  Credit hours Article 1.03 d) ;  Credit hours 11.23 a) ;  Credit hours Appendix « E » 5) paragraph 5 (additional resources EAP) ;  Fringe benefits when applicable at a rate of 1,302.

The total of the preceding elements is decreased from item “ Rebates Surplus & Stat. Hol/Vacations”. b) Calculation of management’s contribution

When job security costs for the calendar year are below the baseline established under the terms of paragraph a), a contribution, representing 50 % of the difference between the baseline established under the terms of paragraph a) and the cost of job security calculated for the calendar year, is remitted to the Syndicat des débardeurs’ Social Security Plan as management’s contribution to the actuarial deficit relative to continuity, the deficit of the welfare plan or the deficit of the pension plan, according to the terms and conditions described in paragraph c) hereunder:

The total of this contribution and the one remitted in accordance with the terms of the Letter of Intent #11 cannot exceed $3,000,000 per year;

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c) Remittance of management’s contribution

Management`s contribution in accordance with the provisions of this agreement is remitted to the longshoremen`s social security plan at the latest thirty (30) days after the end of the calendar year, i.e. at the latest on January 30th following the receiving years:

The payments are remitted as long as an actuarial deficit relative to continuity, a deficit to the welfare plan or a deficit to the pension plan appear in the documents supplied by the Union to the M.E.A. pursuant to Article 18.06 negotiated between the parties.

The Maritime Employers Association undertakes to communicate on a quarterly basis the document entitled “ Maritime Employers Association financial position” model April 28, 2010. It also undertakes to communicate on a quarterly basis the breakdown of the elements included in paragraph a) of this agreement.

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LETTER OF INTENT # 19

SUBJECT: Interpretation of Article 13.03 e)

The parties rely on the decision of the courts relative to the interpretation and application of Article 13.03 e).

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LETTER OF INTENT # 20

SUBJECT: PARTICULAR CLAUSES FOR EACH GARAGE

MGT - GARAGES

These procedures apply to all maintenance employees of STMG whether they are covered or not by the RSEHE.

PROCEDURES

Method for awarding overtime during weekdays, weekends, and legal holidays

WEEKDAYS

i) Daytime overtime is first offered to employees who work a day shift (including employees on rotation and on fixed schedules who have the least amount of accumulated hours). ii) In the case that accumulated hours are the same, seniority takes precedence. iii) If an employee who has the pick refuses, the number of hours refused is listed in his pick. It is considered that he was offered those hours. iv) For control purposes, and to avoid errors, employees will continue to record overtime hours on the appropriate sheet in the commissary.

1- WEEKENDS AND LEGAL HOLIDAYS

Pure pick: According to the identified priority, the employee works his choice of shift.

i) Each week, a weekend availability sheet with each employee's name is placed on the bulletin board. The employees must record their availability, putting their shift choice in order of priority. This must be done before 10:00 on Friday. ii) Each legal holiday, an availability sheet with each employee's name is placed on the bulletin board. The employees must record their availability, putting their shift choice in order of priority. This must be done before 10:00 on the preceding non holiday day. iii) This weekend pick is valid for the entire weekend, that is to say, from Saturday 08:00 to Monday 07:59. Hours worked on the weekend are tallied on the following non holiday day. iv) In the event that an employee does not identify any shift availability and that he is required, his pick will increase. It is considered that he was offered those hours. v) On a fully staffed legal holiday, all employees keep their respective shifts. In the case of reduced staffing, the amount of necessary employees will be identified by the pick of weekend and legal holidays hours. vi) For control purposes, and to avoid errors, employees will continue to record overtime hours on the appropriate sheet in the commissary.

2- WEEKEND AND NIGHT ASSIGNMENTS

Employees on rotation on night assignments cover seven (7) consecutive days starting on Sunday.

i) The night week begins on Sunday at 23:00 or Sunday at 24:00 and ends the following Sunday at 07:59 or after extension. ii) A (rotation) employee assigned to his night week during his first shift on Sunday and his last shift on Saturday may make himself available for overtime on the two preceding shifts with the condition that his night shift is NIL. He is, however, last to pick, but has priority over employees from the other section.

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3- VACATION

Vacation begins after Friday's shift (according to the pick, extensions are part of the normal shift) and ends on Monday at 06:00, 07:00 or 08:00. After a week of vacation, an employee assigned to night shift may start work on the Sunday, provided that he advises his superior before leaving on vacation.

i) An employee can make himself available during his vacation by noting his availability on the appropriate sheet(s) prior to leaving on vacation. The availability is for weekdays, weekends and emergencies. He is, however, considered as the last available person.

4- SICKNESS, C.S.S.T., AUTHORIZED ABSENCE

In the case of an absence, pick hours accumulate as the employee is considered at work.

5- SPECIAL CASES

i) In the case of staffing shortage, the employer will force the employee who has the least hours of overtime worked out of all of the employees of the same garage. ii) Overtime worked is always compiled to the employee's pick regardless of where it was performed.

Calculation of overtime

1- CONVERSION OF OVERTIME

i) WEEK document: Monday to Friday, all overtime hours converted to regular time; ii) WEEKEND and LEGAL HOLIDAY document: Saturday, Sunday and legal holiday, all hours converted to regular time; iii) The WEEKEND and LEGAL HOLIDAY document is frozen on the Friday until the next non holiday day. iv) In the case of equality, seniority takes precedence. The calculation is as follows: hours worked + hours refused = total hours of pick. Refused hours are also converted.

2- AVAILABILITY SHEET/LIST

i) The employee must record a priority for each shift. ii) The weekend availability sheet will be taken down on Friday morning at 10:00. Any omission will be considered as unavailability.

3- UPDATE TO PICK LISTS

Documents must be updated by the employer for the next non holiday days after the weekend.

4- HOURS OF AVAILABILITY FOR THE OFFICIAL SCHEDULE

i) Friday night at 18:00 at the latest for Saturday ii) Saturday night at 16:00 at the latest for Sunday iii) All legal holidays at 16:00 at the latest on the previous day

Any call after those hours is considered to be an emergency call.

5- EMERGENCY CALLS

The WEEKEND and LEGAL HOLIDAY pick list is the reference order. Remuneration begins following the call. Because of the urgency level, the manager will evaluate the time needed and the distance to travel for the employee to arrive on site.

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6- ADJUSTMENT OF HOURS

At the beginning of week # 1 of the winter guarantee.

7- BREAK TIME

One thirty (30) minute break per work shift is granted. The supervisor assigns each worker a break time at the beginning of the shift. In case of operational requirements, the supervisor will advise the employee of any change. Normally, break time begins no earlier than one hour thirty minutes after the beginning of the shift and no later than two hours and thirty minutes after the beginning of the shift.

8- MEAL HOUR

Day and evening: When employees are required to work during meal hours, they are remunerated at double the rate and can make up lost time, to a maximum of one hour. The company ensures a minimum of 30 consecutive minutes of rest. It the employee is incapable of taking his 30 consecutive minute break before the end of his shift, the company will let him go home before the normal end of the shift. Night: The company grants two consecutive hours to employees so that they can rest. When employees are required to work during meal hours during the first hour, the company pays double the rate, but does not pay during the second hour. No matter the length of the disturbance during the two hour break, the company ensures a minimum of 30 minutes of consecutive rest. The company accepts that the employee be on break for a maximum of two (2) hours.

RULES

1- The normal work week is from Monday to Friday, excluding legal holidays. All other shifts constitute overtime.

2- At the beginning of each shift, each person must indicate his presence at the supervisor's office. Any absence will be considered to be for the entire day.

3- Time allotted for hand washing is of fifteen (15) minutes at the end of each shift and of five (5) minutes before meal periods (leaving the floor).

4- Any lateness or authorized departure will be deducted from payroll. Rest and meal periods are not convertible into money.

5- EXCEPTION: FRIDAY NIGHT SHIFT AND MONDAY TO FRIDAY EVENING SHIFT

In case there are no longshoring operations, or that the operations are finished and that no operations are planned for the following day (excluding maintenance), the company authorizes the accumulation of meal periods plus the fifteen (15) minute hand washing period, so that the employee may leave the floor at 06:15 or 22:15. In the event that an employee decides to accumulate his personal periods and that a production error occurs, the employee assumes entire responsibility for it.

6- Regardless of the schedule used during the week, the work periods for weekends and legal holidays are:

Shift: 08:00 to 16:00 or Shift: 07:00 to 15:00 Shift: 16:00 to 24:00 or Shift: 15:00 to 23:00 Shift: 24:00 to 08:00 or Shift: 23:00 to 07:00

These are independent work periods, separated from each other.

7- On weekends, in the event there are no longshoring operations and that there are no operations for the next shift (excluding maintenance), the company authorizes the accumulations of meal periods plus the fifteen (15) minute hand washing period.

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8- When an employee is needed for one (1) recall period of two (2) hours, the employee takes the fifteen (15) minute hand washing period from his preceding shift before the start of the following shift, and can take the rest period from his two (2) hour period at the end, that is to say, the rest period + the fifteen (15) minute hand washing period, so thirty (30) minutes.

9- When an employee is needed for two (2) recall periods of two (2) hours, the employee takes the fifteen (15) minute hand washing period from his preceding shift before the start of the following shift, and can take the rest periods from his two (2) two (2) hour periods at the end, that is to say, two rest periods = 30 minutes + the fifteen (15) minute hand washing period = 45 minutes.

10- When an employee is needed for one (1) recall period of four (4) hours, the employee takes the fifteen (15) minute hand washing period from his preceding shift before the start of the following shift, and can take the rest period at the end, that is to say, a 30 minute rest period + the fifteen (15) minute hand washing period = 45 minutes.

11- When an employee is needed for two (2) recall periods of four (4) hours, the employee takes the fifteen (15) minute hand washing period before the end of the normal shift. Breaks equivalent to a regular shift are allocated; thirty (30) minutes in the first four (4) hours and one (1) hour for a meal at the beginning of the second extension period. In case of operational needs, the company will ensure that the employee has thirty (30) minutes for his meal-break, or the employee can leave earlier. This is not a payable meal period. The employee takes his fifteen (15) minute hand washing period before the end of the second extension period and can leave the floor.

12- When an employee is on an extension period to support longshoring operations or perform a precise and targeted maintenance task, the company accepts that the employee leaves once his professional obligations are finished, as with a normal end of shift.

TRANSFER OF MAINTENANCE PERSONNEL BETWEEN SECTIONS

1- LONG TERM TRANSFERS: 30 DAYS AND OVER SELECTION: 1- VOLUNTARY AND MGT POSTING 2- REVERSE SENIORITY ORDER

2- OCCASIONAL TRANSFERS; DAY TO DAY SELECTION: 1- VOLUNTARY AND MGT POSTING 2- REVERSE SENIORITY ORDER

3- TRANSFERS FOR SPECIFIC WORK/TECHNICAL SUPPORT SELECTION: 1- COLLECTIVE AGREEMENT (72 hour delay depending on the individual's status)

The employee retains his position, schedule and pick at the original hiring section.

Transfers are conditional to a five (5) day familiarization period at the other section.

To keep his privilege of overtime in the other terminal, an employee is obligated to work there five (5) days per year.

When an employee is transferred, the company provides the tools and a locker to store his personal belongings including his safety helmet.

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LOGISTEC - GARAGE

These procedures apply to all maintenance employees of Logistec whether they are covered or not by the RSEHE.

PROCEDURES

Method for awarding overtime during weekdays, weekends, and legal holidays

6- WEEKDAYS

v) Overtime is first offered to the employees on the work shift. vi) In the case of equality, seniority takes precedence.

7- WEEKENDS AND LEGAL HOLIDAYS

vii) On a fully staffed legal holiday, all employees keep their respective shifts. In the case of reduced staffing, the number of employees required for operations will be identified.

8- VACATION

Vacations begin after the Friday shift (extensions may be part of the normal shift) and end on Monday at 4:00, 6:00, 7:00 or 8:00.

ii) An employee may make himself available during his vacation by informing his supervisor of his availability, prior leaving for vacation. However, he will be the last person considered. The availability is for weekdays, weekends and emergencies.

Calculation of overtime

9- UPDATE TO PICK LISTS

No list is currently administered by the employer.

10- CUT OFF TIMES TO MAKE THE SCHEDULE OFFICIAL

iv) Friday night at 18:00 at the latest for Saturday v) Saturday night at 16:00 at the latest for Sunday vi) All legal holidays at 16:00 at the latest on the previous day

11- EMERGENCY CALLS

The offer will be made according the employees' availability. Remuneration begins following the call. Because of the urgency level, the manager will evaluate the time needed and the distance to travel for the employee to arrive on site.

12- BREAK TIMES

Cantine: A reasonable time period is allocated for the cantine on the 7:00 to 15:00 shift, or during an inverted extension.

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13- SCHEDULES

Day

 08:00 to 10:00 Work  08:00 to 11:30  10:00 to 10:30  07:00 to 11:30 Work Work Break  11:30 to 12:30  11:30 to 12:30 or  10:30 to 13:00 Work or Lunch Lunch  13:00 to 14:00  12:30 to 15:00 Work  12:30 to 16:00 Lunch Work  14:00 to 16:30 Work

Evening  16:30 to 18:30 Work  16:00 to 19:30 Work  18:30 to 19:00 Break  19:30 to 20:30 Lunch or  19:00 to 21:30 Work  20:30 to 24:00 Work  21:30 to 22:30 Lunch  22:30 to 01:00 Work

Night On extension only, so 4 inverted hours in the daytime or 4 hours of overtime in the evening Or Two extensions of four (4) hours after the evening shift

RULES

1- The normal work shifts are from Monday to Friday, excluding legal holidays. All other shifts constitute overtime.

2- At the beginning of each shift, each person's presence must be indicated at the supervisor's office. Any absence will be considered to be for the entire day.

3- Time allotted for hand washing is of fifteen (15) minutes at the end of each shift and of five (5) minutes before meal periods.

4- When an employee is on an extension period to support longshoring operations or perform a precise and targeted maintenance task, the employer accepts that the employee leaves once his professional obligations are finished, as with a normal end of shift.

5- If, due to the presence of a ship, the employer begins work on an extension period of an evening shift and keeps his employees on a recall period until 07:59, the employees can be brought back the following evening or night only if a ship is present.

6- The employer advises the employees of their shift for the following week each Friday. Employees can only change shifts weekly. Employees assigned to a day shift for the week can only work evening shift through an extension period or to replace an absent employee from the evening shift.

7- When employees are required to start their shift two (2) or four (4) hours before the start of their normal shift, they are remunerated at the applicable rate for those hours. All items set forth in Article 28.13 apply to time allocated to breaks.

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TERMONT MONTRÉAL INC. - GARAGE

These procedures apply to all maintenance employees of Termont Montreal Inc. whether they are covered or not by the RSEHE.

PROCEDURES

Method for awarding overtime during weekdays, weekends, and legal holidays

1- WEEKDAYS

i. Daytime overtime is first offered to employees on rotation who work a day shift and then to employees on fixed schedules who have the least amount of accumulated hours. ii. Overtime by extension of the evening or night shift is first offered to employees working said shift according to the pick. iii. In the case that accumulated hours are the same, seniority takes precedence. iv. If an employee who has the pick refuses, the number of hours refused is listed in his pick. It is considered that he was offered those hours.

2- WEEKENDS AND LEGAL HOLIDAYS

The employee has priority for the shift he works the following day.

i. Each week, a weekend availability sheet with each employee's name is placed on the bulletin board. Employees must note their availability or advise by email. This must be done before 18:00 on Thursday. ii. This weekend pick is valid for the entire weekend, that is to say, from Saturday 07:00 to Monday 06:59. Hours worked on the weekend are tallied on the following non holiday day. iii. In the event that an employee does not identify any shift availability and that he is required, his pick will increase. It is considered that he was offered those hours.

3- WEEKEND AND NIGHT ASSIGNMENTS

Employees on rotation on night assignments cover seven (7) consecutive days starting on Sunday.

i. The night week begins on Sunday at 23:00 or Sunday at 24:00 and ends the following Sunday at 7:59 or after extension.

4- VACATION

Vacations begin after the Friday shift and end on Monday at 6:00, 7:00 or 8:00. After a week of vacation, an employee assigned to night shift may start work on the Sunday, provided that he advises his superior prior to leaving on vacation.

i. An employee can make himself available during their vacation by noting his availability on the appropriate sheet(s) prior to leaving on vacation. The availability is for weekdays, weekends and emergencies. He is, however, considered as the last available person. ii. An employee can take a maximum of three (3) consecutive weeks without his pick being affected. Any additional period is added to the employee's pick as refused hours. The vacation period is from January 1 to December 31 of each year.

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iii. When an employee on rotation is replaced for his vacation period, priority goes to the employee on rotation on day shift who has the lowest pick, before going to the employee who only works days. iv. All employees are entitled to a minimum of five (5) weeks of vacation.

5- SICKNESS, C.S.S.T., AUTHORIZED ABSENCE

In the case of an absence of more than four (4) weeks, pick hours accumulate as the employee is considered at work. When the employee returns, his pick will be augmented by one hour compared to an employee of his trade who has the highest pick.

When an employee on rotation is replaced for an authorized absence period, priority goes to the employee on rotation on day shift, before going to the employee who only works days.

Calculation of overtime

1- CONVERSION OF OVERTIME

i. WEEK document: Monday to Friday, all overtime hours converted to double time; ii. WEEKEND and LEGAL HOLIDAY document: Saturday, Sunday and legal holiday, all hours converted to double time; iii. The WEEKEND and LEGAL HOLIDAY document is frozen after assignments granted on the Friday until the next non holiday day. iv. In the case of equality, seniority takes precedence. The calculation is as follows: hours worked + hours refused = total hours of pick. Refused hours are also converted. v. After a last minute refusal, or once the schedule is done, overtime hours are tallied as refused hours only for the employee who was absent and not for his replacement. The latter will not have any hours added to his pick.

2- AVAILABILITY SHEET/LIST

Employees must give their availability for each shift.

3- UPDATE TO PICK LISTS

Documents must be updated daily by the employer for the next non holiday day, the same principle applies after the weekend.

4- HOURS OF AVAILABILITY FOR THE OFFICIAL SCHEDULE

vii) Sunday evening - Friday evening no later than 18:00 for the following day viii) Saturday night at 16:00 at the latest for Sunday ix) All legal holidays at 18:00 at the latest on the previous day

Employees are responsible for taking cognizance of their schedule. Any call after those hours is considered to be an emergency call.

5- EMERGENCY CALLS

The pick list constitutes the reference order. Remuneration begins following the call. Because of the urgency level, the manager will evaluate the time needed and the distance to travel for the employee to arrive on site.

6- ADJUSTMENT OF HOURS

The pick is reset to zero (0) on the 1st of January of each year. Each employee retains his gap with the employee who has worked the most overtime.

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7- BREAK TIME

One thirty (30) minute break per work shift is granted. In case of operational requirements, the company will advise the employee of any change. Break times are usually between 9:30 and 10:30 on the day shift, at 21:00 on the evening shift and at 01:00 on the night shift.

8- MEAL HOUR

Day, evening and night: The company accepts that all the maintenance employees eat at the same time. It is therefore understood that in the event of a call during this time, employees will perform their professional tasks without claiming the compensation set out in the collective agreement.

T.M.C. - GARAGE

These procedures apply to all maintenance employees of T.M.C. whether they are covered or not by the RSEHE.

PROCEDURES

Method for awarding overtime during weekdays, weekends, and legal holidays

1- WEEKDAYS

i. Overtime is offered by trade. ii. In the case that accumulated hours are equal, seniority takes precedence. iii. If an employee who has the pick refuses, the number of hours refused is listed in his pick. It is considered that he was offered those hours. iv. For control purposes, and to avoid errors, employees will record overtime hours on the appropriate sheet in the garage.

2- WEEKENDS AND LEGAL HOLIDAYS

Priority is given to the shift and trade

Hours worked on the weekend are tallied on the following non holiday day. i. For control purposes, and to avoid errors, employees will record overtime hours on the appropriate sheet in the garage.

3- VACATION

Vacation begins after Friday's shift (according to the pick, extensions are part of the normal shift) and ends on Monday at 4:00, 6:00, 7:00 or 8:00. After a week of vacation, employees assigned to night shift may start work on the Sunday, provided that he advises his superior before leaving on vacation.

i. An employee may make himself available during his vacation by informing of his availability before leaving for vacation. The availability is for weekdays, weekends and emergencies. He will, however, be considered as having priority within his trade, but last of all the maintenance employees.

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4- SICKNESS, C.S.S.T., AUTHORIZED ABSENCE

In the case of an absence, pick hours accumulate as the employee is considered at work. He will recuperate his normal rank once he returns.

Calculation of overtime

1. CONVERSION OF OVERTIME

2. WEEK document: Monday to Friday, all overtime hours converted to regular time; 3. WEEKEND and LEGAL HOLIDAY document: Saturday, Sunday and legal holiday, all hours converted to regular time; 4. In the case of equality, seniority takes precedence. The calculation is as follows: hours worked + hours refused = total hours of pick. Refused hours are also converted.

5. UPDATE TO PICK LISTS

a. Documents must be updated by the employer for the next non holiday day after the weekend. Two lists are in effect: one relative to overtime for maintenance work and the other for overtime for production work.

6. HOURS OF AVAILABILITY FOR THE OFFICIAL SCHEDULE

7. Friday night at 18:00 at the latest for Saturday 8. Saturday at 16:00 at the latest for Sunday 9. All legal holidays at 16:00 at the latest on the previous day

a. Adding a shift following the creation of a team of extras does not include emergency calls.

10. EMERGENCY CALLS

11. The pick priority list by trade constitutes the order of reference. Remuneration begins following the call. Because of the urgency level, the manager will evaluate the time needed and the distance to travel for the employee to arrive on site.

12. ADJUSTMENT OF HOURS

13. At the beginning of week # 1 of the winter guarantee.

14. BREAK TIME

a. A reasonable time period is allocated for the commissary.

15. MEAL HOUR

a. Day, evening and night: when employees are required to work during meal hours, they can recover the lost time. The company accepts that all the maintenance employees eat at the same time. It is therefore understood that in the event of a call during this time, employees will perform their professional tasks without claiming the compensation set out in the collective agreement. RULES

1. The normal work week is from Monday to Friday, excluding legal holidays. All other shifts constitute overtime.

2. Time allocated for hand washing at each end of shift and before meal periods must be reasonable.

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3. Work periods are:

i. Shift: 8:00 to 16:00 ii. Shift: 16:00 to 24:00 iii. Shift: 24:00 to 8:00

These are independent work periods, separated from each other.

4. When an employee is on an extension period to support longshoring operations or perform a precise and targeted maintenance task, the company accepts that the employee leaves once his professional obligations are finished, as with a normal end of shift.

T.M.C. - GARAGE

These procedures apply to all maintenance employees of T.M.C. whether they are covered or not by the RSEHE.

PROCEDURES

Method for awarding overtime during weekdays, weekends, and legal holidays

1- WEEKDAYS

v. Overtime is offered by trade. vi. In the case that accumulated hours are equal, seniority takes precedence. vii. If an employee who has the pick refuses, the number of hours refused is listed in his pick. It is considered that he was offered those hours. viii. For control purposes, and to avoid errors, employees will record overtime hours on the appropriate sheet in the garage.

2- WEEKENDS AND LEGAL HOLIDAYS

Priority is given to the shift and trade

Hours worked on the weekend are tallied on the following non holiday day. i) For control purposes, and to avoid errors, employees will record overtime hours on the appropriate sheet in the garage.

5- VACATION

ii. An employee may make himself available during his vacation by informing of his availability before leaving for vacation. The availability is for weekdays, weekends and emergencies. He will, however, be considered as having priority within his trade, but last of all the maintenance employees.

6- SICKNESS, C.S.S.T., AUTHORIZED ABSENCE

In the case of an absence, pick hours accumulate as the employee is considered at work. He will recuperate his normal rank once he returns.

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Calculation of overtime

16. CONVERSION OF OVERTIME

17. WEEK document: Monday to Friday, all overtime hours converted to regular time; 18. WEEKEND and LEGAL HOLIDAY document: Saturday, Sunday and legal holiday, all hours converted to regular time; 19. In the case of equality, seniority takes precedence. The calculation is as follows: hours worked + hours refused = total hours of pick. Refused hours are also converted.

20. UPDATE TO PICK LISTS

21. HOURS OF AVAILABILITY FOR THE OFFICIAL SCHEDULE

22. Friday night at 18:00 at the latest for Saturday 23. Saturday at 16:00 at the latest for Sunday 24. All legal holidays at 16:00 at the latest on the previous day

a. Adding a shift following the creation of a team of extras does not include emergency calls.

25. EMERGENCY CALLS

26. The pick priority list by trade constitutes the order of reference. Remuneration begins following the call. Because of the urgency level, the manager will evaluate the time needed and the distance to travel for the employee to arrive on site.

27. ADJUSTMENT OF HOURS

28. At the beginning of week # 1 of the winter guarantee.

29. BREAK TIME

a. A reasonable time period is allocated for the commissary.

30. MEAL HOUR

5. The normal work week is from Monday to Friday, excluding legal holidays. All other shifts constitute overtime.

6. Time allocated for hand washing at each end of shift and before meal periods must be reasonable.

7. Work periods are:

i. Shift: 8:00 to 16:00 ii. Shift: 16:00 to 24:00 iii. Shift: 24:00 to 8:00

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These are independent work periods, separated from each other.

8. When an employee is on an extension period to support longshoring operations or perform a precise and targeted maintenance task, the company accepts that the employee leaves once his professional obligations are finished, as with a normal end of shift.

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LETTER OF INTENT # 21

SUBJECT: Winter Group B

The M.E.A. pledges to meet the designated union representatives in order to discuss procedures for the establishment of the winter guarantee lists provided for in article 20 of the collective agreement and to answer any questions relative to this procedure.

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LETTER OF INTENT # 22

SUBJECT: Layoffs and the first reserve pool

The parties agree to create a committee to study the best ways of improving the layoff system established under articles 15 and 20 without affecting operational requirements. The committee will be free to research improvements to the plan, on the understanding that only solutions that include no cost increase to the job security plan will be considered.

The committee members will report to the parties within five months following the signature of the collective agreement.

Furthermore, there will be a direct liaison between the Classification committee and the present committee in order to review and optimise the number of employees required on the first reserve pool.

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IN WITNESS THEREOF THE PARTIES HAVE SIGNED FOR ALL THE LETTERS OF INTENT # 1 TO 22 THIS 20th DAY OF MARCH 2013.

MARITIME EMPLOYERS ASSOCIATION SYNDICAT DES DÉBARDEURS C.U.P.E. LOCAL 375

Jean Bédard Denis Wolfe

Normand Daoust Denis Tessier

Stéphane Morency Sylvain Charron

Chantal Lefebvre Réjean Brunet

Manon Gervais Daniel Fortugno

Malcolm MacLeod Normand Dupuis

Alexandre Gagnon Éric Collin

Jean-Pierre Langlois Benoit Barbeau

Nicola Dolbec François Wolfe

Jean-Sébastien Barale Alain Bélanger

Steve Michel

Steve Vincent

André Jr. Racette

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