Collective Agreement ONTARIO LOTTERY GAMING OLG - Slots at … · 2016-03-25 · Collective...

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Collective Agreement Between: ONTARIO LOTTERY & GAMING OLG - Slots at Woodbine (Hereinafter referred to as the Employer) -AND- Teamsters Local Union 938 (Hereinafter referred to as the Union) October 1,2013 to September 30,2016 Ratified: May 22, 2015

Transcript of Collective Agreement ONTARIO LOTTERY GAMING OLG - Slots at … · 2016-03-25 · Collective...

Page 1: Collective Agreement ONTARIO LOTTERY GAMING OLG - Slots at … · 2016-03-25 · Collective Agreement Between: ONTARIO LOTTERY & GAMING OLG - Slots at Woodbine (Hereinafter referred

Collective Agreement

Between:

ONTARIO LOTTERY & GAMING

OLG - Slots at Woodbine

(Hereinafter referred to as the Employer)

-AND-

Teamsters Local Union 938

(Hereinafter referred to as the Union)

October 1,2013 to September 30,2016

Ratified: May 22, 2015

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TABLE OF CONTENTS ARTICLE 1 - PURPOSE ..........................................................•........•.........................•.•.............•............•... 1

ARTICLE 2 - RECOGNITION ..............................•............•..•..................................•.................................... 1

ARTICLE 3 - NO HARASSMENT/DISCRIMINATION ..................................................................•..........•... 1

ARTICLE 4 - MANAGEMENT RIGHTS ........................................•.............................................................. 2

ARTICLE 5 - NO STRIKE / NO LOCKOUT ..................................•...................................................•......•.•. 2

ARTICLE 6 - UNION SECURITY ......................................•.......•..............................................................•... 3

ARTICLE 7 - UNION REPRESENTATION ...........•.•..................................•....•......•..................................... 4

ARTICLE 8 - HEALTH & SAFETY ..........................................................................................................•... 5

ARTICLE 9 - DISCIPLINE, SUSPENSION OR DISMISSAL. ......................•....•...•....•.............................•... 5

ARTICLE 10 - PROBATION AND SENIORITY ........•..................•..........................................•................•... 8

ARTICLE 11- GRIEVANCE PROCEDURE .........................................................•.................................... 10

ARTICLE 12 - POSTING ..........................................................•....•...........•.....................................•........•. 12

ARTICLE 13 - HOURS OF WORK ..................•......................................................................................... 13

ARTICLE 14 - WAGES .......................................................•.................................................................•.... 15

ARTICLE 15 - LEAVES ......................•..•.................•............•.................................................................•... 16

BEREAVEMENT ......•................••..................................................................................................•............. 16

PREGNANCY AND PARENTAL LEAVE ............................•...•...•.................................•.•.....•...............•.... 16

PERSONAL LEAVES .............................................................................................•................................... 18

JURY DUTY .........•...................................................................................................................................... 19

MILITARY LEAVE .........•............................................................................................................................. 19

EMERGENCY LEAVE ................................................................................................................................ 19

RELIGIOUS HOLIDAYS •.•.•........•......................•....•.................•.......................................•........................• 20

CITIZENSHIP DAy .....................•.......•........................................................................................................ 20

ARTICLE 16 - LAYOFF AND RECALL .......................................................•............................................. 20

ARTICLE 17 - VACATION ......................•..................•................................................•...................•.......... 22

ARTICLE 18 - PUBLIC AND PAID HOLIDAYS ....•............................................................•.•.................... 24

ARTICLE 19 - ABSENCES FROM WORK ...........•........................................................•........................... 26

ARTICLE 20 - HEALTH, DENTAL AND LIFE .................................................•......................................... 26

ARTICLE 21 - WORKPLACE SAFETY AND INSURANCE .•...•...•.......................................................•.... 28

ARTICLE 22 - SHORT TERM SICKNESS PLAN AND LONG TERM INCOME PROTECTION PLAN ... 29

ARTICLE 23 - GENERAL .......................................................................................................................... 29

ARTICLE 24 - EMPLOYEE ASSISTANCE PLAN .............................................................•....................... 30

ARTICLE 25 - GAMING REGULATION AND LICENSES .........................•......•........•.......•...................... 30

ARTICLE 26 - CIVIL LIABILITY ................................................................................................................ 30

ARTICLE 27 - BULLETIN BOARDS ......................................................................................................... 31

ARTICLE 28 - PERSONNEL FILE .....•....•........................................•.•........................•...•.......................... 31

ARTICLE 29 - EDUCATION REIMBURSEMENT ..........................................•........•.•............................... 31

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ARTICLE 30 - DURATION ......................................................................................................................... 32

SCHEDULE A - TEMPORARY EMPLOYEES .......................................................................................... 33

LETTER OF UNDERSTANDING #1 - EMPLOYEE PURCHASE/REWARD PROGRAMS ...................... 33

LETTER OF UNDERSTANDING #2 - PART-TIME LlEU .......................................................................... 33

LETTER OF UNDERSTANDING #3 - OVERTIME CANCELLATION ...................................................... 34

LETTER OF UNDERSTANDING #4 - PART TIME SHIFT GIVEAWAYS ................................................. 34

LETTER OF UNDERSTANDING #5 - SCHEDULES ................................................................................ 34

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ARTICLE 1 - PURPOSE

1.01 The purposes of this Agreement are:

• to establish and maintain a collective bargaining relationship between the Parties in accordance with the provisions herein;

• to provide a method of fair and peaceful resolution of issues and to foster goodwill, friendly relations and better understanding between the parties;

• to define and regulate a working relationship that will provide the highest level of service and value to customers;

• to recognize the unique nature and importance of surveillance in the gaming industry including but not limited to restrictions on disclosure of employee names, staffing levels, schedules, and any other operational information considered to be confidential or that could compromise or prejudice the employer's operations or employees; and

• to recognize, reward and uphold the paramount importance of integrity and security in an industry where all involved must be regulated, licensed or registered by the Alcohol and Gaming Commission of Ontario.

1.02 This Agreement is the full agreement between the parties and there are no representations, practices or warranties made prior to the ratification of this Collective Agreement which add to, interpret or create any rights or obligations which are not expressly stated or contained herein.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the sole collective bargaining agent of all Surveillance Operators employed by OLG Slots at Woodbine Racetrack at 555 Rexdale Boulevard in Toronto, Ontario, save and except Dual Rate Supervisors, persons above the rank of Dual Rate Supervisor, office and clerical employees, and those employees covered by existing collective agreements.

2.02 Teamsters Local Union No. 938 must remain a Registered Supplier under the Gaming Control Act and agrees to inform the Employer of any loss or suspension of the Registration for it or any of the Individual Registrants dealing with the Employer prior to conducting any further representation.

2.03 It is understood that the Employer employs Supervisors who are dual rated and who act both as Supervisors and also act as Surveillance Operators as required and perform the work of the bargaining unit. For clarity, it is understood that these individuals are Supervisors for the purposes of Article 2. There will be no more than four (4) Dual Rate Supervisors. Dual Rate Supervisors will select vacation with Supervisors and will not form part of the vacation scheduling. Dual Rate Supervisors will be on a separate schedule/day off schedule from employees in the Unit.

ARTICLE 3 - NO HARASSMENT/DISCRIMINATION

3.01 The Employer, Union and employees agree that they all have rights and obligations under the Ontario Human Rights Code.

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ARTICLE 4 - MANAGEMENT RIGHTS

4.01 The Union recognizes and acknowledges that the management of the operation by the Employer and direction of the working forces are fixed with the Employer and that all rights heretofore exercised by the Employer or inherent in the Employer not expressly contracted away by a specific provision of this Agreement are retained by the Employer. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:

(a) maintain order, discipline and efficiency;

(b) hire, transfer, assign duties, retire, direct, promote, demote, classify, layoff, recall and to suspend, discharge or otherwise discipline employees for just cause (including a continued inability to perform) in accordance with this Agreement subject to the right of employees who have completed probation to grieve;

(c) discipline or discharge probationary employees, provided such action is not motivated solely by bad faith and recognizing that such discipline or discharge is not subject to the grievance I arbitration procedure set out in this Agreement, except where such bad faith can be proven and pursuant to Article 9.02;

(d) determine the nature and kind of business conducted by the Employer, number of personnel to be employed, the manner and level of supervision, the methods and techniques of work, the schedules of work, to make studies of and to institute changes in jobs and job assignments and job classifications, the extension, limitation, cur:tailment or cessation of operations;

(e) make, enforce, and alter from time to time reasonable policies, rules, regulations, and procedures to be observed by the employees, which poliCies, rules, regulations, and procedures shall not be inconsistent with the provisions of this Collective Agreement;

(f) create and enforce the Surveillance Information, Equipment and Technology Code of Conduct, as may be amended from time to time;

(g) have jurisdiction over all operations, buildings, facilities and equipment and all decisions related to same; and

(h) generally manage and operate the activities of the Employer.

4.02 The above clauses shall not deprive the Surveillance Operator of the right to exercise the grievance procedure as outlined in this Agreement.

ARTICLE 5 - NO STRIKE I NO LOCKOUT

5.01 The Union will not cause nor condone its members to cause, threaten, nor will any member take part in any strike, sit down, stay in, work slow down, or any curtailment, restriction, interruption or interference in the operations of the Employer, either full or partial, during the operation of this Agreement.

5.02 The Employer shall not call or authorize any illegal lockout nor shall it or its representatives threaten an illegal lockout during the life of this Agreement.

5.03 Strikes and lock-outs are as defined and provided in the Ontario Labour Relations Act, 1995.

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ARTICLE 6 - UNION SECURITY

6.01 All Surveillance Operators must, as a condition of their continued employment, authorize the Employer to deduct union dues from their pay, in an amount and under the formula as prescribed and directed by the Local Union. The Employer will remit such monies to the Local Union in the amounts so deducted under this provision no later than the fifteenth (15th

)

day of the succeeding month, listing the names of Surveillance Operators from whose pay such deductions have been made. The Union will, following the Employer's initial remittance, send a pre-billing Union dues remittance form.

6.02 The Employer will add the name, address, and social insurance number of any new Surveillance Operator and will give an explanation alongside the name of each Surveillance Operator who appeared on the previous months pre-billing for whom a remittance is not made for any reason. In no case will the monthly remittance per Surveillance Operator be less than four times the weekly dues. Given the unique nature of the role of Surveillance Operators, the Union will keep the name and address of each employee confidential and will only release this information as required to administer the Collective Agreement, or as required by law, and for no other purpose.

6.03 All Surveillance Operators hired will, as a condition of continued employment, authorize the Employer to deduct the amount equal to the Local Union's Initiation Fee in installments of twenty-five dollars ($25.00) per pay period after the completion of the probationary period.

6.04 This deduction shall continue until the Initiation Fee is paid in full. The Employer agrees to remit such monies so deducted to the head office of the Local Union along with the names of Surveillance Operators from whom the money was deducted at the same time as the union dues are remitted.

6.05 The Union will notify the Employer in writing of any arrears in dues, initiation or re-initiation, caused for any reason, and the Employer will immediately commence deductions in amounts prescribed by the Local Union in such written notice and forward such monies to the Local Union along with the monthly dues as provided for above. Such notice of arrears served on the Employer shall prescribe payroll deductions of not more than the equivalent of one month's dues at the appropriate rate.

6.06 The Union will supply the Employer with Initiation Deduction Authorization forms and Dues Deduction Authorization forms, which will be signed by all new Surveillance Operators on the date of hire.

6.07 The Employer shall show the yearly union monthly dues deductions on Surveillance Operators' T4 slips. The Union will advise the Employer in writing of the amount of its regular dues. The amounts specified shall continue to be deducted until changed by further written notice to the Employer following which the new deductions will commence within thirty (30) days.

6.08 The Union agrees to save the Employer harmless and to indemnify the Employer with respect to any claim made against the Employer by any employee or group of employees arising out of the deduction of union dues as herein provided.

6.09 The Union and the employees consent to the collection, use, retention and disclosure of such employment related information as is necessary for the administration and management of the employment relationship and this Collective Agreement under the Personal Information Protection and Electronic Documents Act.

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ARTICLE 7 - UNION REPRESENTATION

7.01 Union Stewards

7.02

(a) The Union may elect or appoint Union Stewards from among the non-probationary employees in the bargaining unit. The Employer agrees to recognize one (1) of these Stewards on each shift. The bargaining unit will identify the Steward to be recognized at the beginning of the shift.

If no Steward is identified at the beginning of the shift, the first Steward to approach a Supervisor with a Union concern will be the only Steward recognized for the balance of the shift. The same would hold true if Management requires a Steward and no Steward has been recognized, the first Steward that Management approaches will be the only Steward recognized for the shift.

The Union will endeavor to ensure that there is a Union Steward on each shift. If there is no Steward available then the Employer may proceed without a Union Steward despite any express provisions in the Agreement and will notify the Union of any action taken.

(b) The Union will inform the Employer, in writing, of the names of the Stewards and of any changes in Stewards following an election or appointment. The Employer will only recognize such Stewards upon receipt of notification from the Union.

(c) The Union acknowledges that the Stewards have regular duties to perform on behalf of the Employer. Stewards may not leave their post and/or regular duties without notifying and receiving permission from their immediate Supervisor. Given the requirements of surveillance, it is understood that consent to leave their post and/or regular duties will be prearranged and will only be sought where necessary to attend at grievance step meetings, disciplinary meetings or other meetings set by and with the Employer relating to the bargaining unit. In these defined circumstances, permission will not be unreasonably denied. Upon return to regular duties, the Steward is required to report back to the immediate Supervisor.

(d) When an employee wishes Union representation, he will call and/or conduct such discussions while on break or while away from the workplace.

(a) The Employer agrees to recognize a Union Negotiating Committee, comprised of up to two (2) employees who shall be elected or appointed from amongst the non­probationary employees in the bargaining unit for the purpose of negotiating the renewal of the Agreement and one of whom shall be a part-time employee. The Employer additionally recognizes that a Business Representative would also be present during negotiations The Negotiating Committee shall suffer no loss of pay, seniority, service or credits for time spent in negotiations up to and including Conciliation. Teamsters will reimburse the Employer for these costs within the standard OLG Accounts Receivable terms.

(b) Upon the provision of at least two (2) weeks of notice and as far in advance as reasonably possible, the Negotiating Committee will be granted up to a total of five (5) days each without loss of pay, seniority, service or credits for caucus and preparation time. Teamsters will reimburse the Employer for replacement costs for time spent in caucus and preparation within the standard OLG Accounts Receivable terms.

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7.03 Teamsters representatives registered with the AGCO may provide assistance to employees subject to any limitation imposed by the registration, but will not interfere with the Employer's operation. Teamster representatives will not visit with employees in the bargaining unit during working hours without previous arrangements being made with the Human Resources Manager, or designate, nor will they attend in non-public areas of the Employer's facility without accompaniment being arranged with the Human Resources Manager, or designate. It is understood that access will not be permitted to sensitive areas.

7.04 New employees will be provided with a list of the Stewards in the unit. They will also be provided with a copy of the Collective Agreement.

7.05 It is understood that the Employer will only be required to deal with Surveillance Union Stewards of OLG Slots at Woodbine Racetrack or AGCO registered representatives of the Union.

ARTICLE 8 - HEALTH & SAFETY

8.01 The Employer, the Union and the employees understand and agree that they all have rights and obligations under the Occupational Health and Safety Act. The Employer, the Union and the employees understand and agree that they must take reasonable precautions to ensure the safety of all employees at work.

8.02 Modified Work

The Employer, the Union and any affected employee have obligations to participate in developing a modified work plan based on medical limitations to ensure the earliest possible safe return to work following a workplace injury, giving rise to a need for accommodation. Employees with a medical problem giving rise to a need for accommodation must disclose that need, provide evidence for the accommodation and request accommodation at the earliest possible time.

8.03 The Employer will maintain its Joint Health and Safety Committee (JHSC). The bargaining unit will elect an employee representative for purposes of providing input to the Joint Health and Safety Committee (JHSC).

8.04 All Minutes and Reports of the JHSC and Form 7's under the WSIB that relate to members of the bargaining unit shall be provided to the Union.

8.05 Time spent by bargaining unit members appointed to the JHSC on any JHSC inspections of the surveillance area shall be considered time worked and she or he shall be compensated at his or her regular rate of pay for this time.

8.06 In working to create a safe and healthy workplace, the JHSC shall review all lost time accidents and incident reports, will review WHMIS regulations and substances introduced into the workplace, will review air quality results, noise testing results and ergonomic reports and tests.

8.07 With proper advance notice to the Employer, a Teamster Health and Safety Representative may be present and participate in a meeting of the Joint Health and Safety Committee as it relates to the bargaining unit.

ARTICLE 9 - DISCIPLINE, SUSPENSION OR DISMISSAL

9.01 A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged

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with the Employer at the formal step of the grievance procedure within seven (7) calendar days after the date the discharge is effective:

Such grievance may be settled under the grievance or arbitration procedure by:

(a) confirming the Employer's action in dismissing the employee, or

(b) reinstating the employee with or without compensation for time lost less any Employment Insurance received by the employee which he is not obligated to repay and any additional compensation received from any sources during the non-working period. It is understood that an employee has a duty to mitigate any loss where possible; or

(c) by any other arrangement which may be deemed just and equitable by the parties or the Arbitration Board; and

(d) ending employment and providing a termination payment.

9.02 Discipline or discharge of a probationary employee is not subject to the grievance procedure, except where the action is motivated solely by bad faith on the part of the Employer. This constitutes a lesser standard for the purposes of the Ontario Labour Relations Act, and the parties agree that no arbitrator will have the remedial authority to reinstate a probationary employee save and accept where there is jurisdiction for reinstatement under the Employment Standards Act, Occupational Health and Safety Act or the Ontario Human Rights Code.

9.03 A progressive disciplinary procedure will be followed as outlined below:

9.04

9.05

Stage I - Written Counsel Stage 2 -Written Counsel Stage 3 - FinallWritten Counsel Stage 4 -Termination of Employment

(a) When an employee is called to a meeting by the Employer where discipline will be imposed, the employee will have a Union Steward present. The discipline meeting will not proceed until a Union Representative is present, subject to the provisions of 7.01 (a), except where an employee expressly waives this right in the presence of a Union Steward.

(b) Where discipline is sent to an absent employee by letter rather than in person, the local Business Representative will be provided with a copy of the letter.

(c) Coach and counsels and other daily supervisory corrections, which may result in notes being maintained and/or placed in an employee's file, are not disciplinary and may not be grieved. The Employer will notify employees in writing of any coaching and other daily supervisor corrections and a copy will be placed in the employee's file. These will be admissible at hearings only to demonstrate an awareness and understanding of the Employer's expectations.

(d) It is noted that not all communications will start at the coach and counsel stage. For some offences, one or more of the corrective counseling steps may be skipped.

(a) Where an employee maintains a record free from discipline for a period of twelve (12) months, all records of discipline (save and except for serious misconduct) will not be

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9.06

relied upon in future discipline. Discipline under the attendance management policy will be treated as a separate stream of discipline for the purposes of this provision except where the employee's disciplinary record cumulatively is such that the attendance discipline is a culminating incident.

(b) Serious misconduct includes but is not limited to:

(a)

i) material and detrimental breach of confidentiality;

ii) a proven violation of the Code of Business Conduct (and listed behaviours) and conflict of interest policy;

iii) a wilful or reckless breach of the Ontario Human Rights Code or the Occupational Health and Safety Act;

iv) being under the influence of, or the use or possession during regular working hours of alcoholic beverages or illegal drugs;

v) violence in the workplace, including threatening or intimidating any employee or customer of the Employer;

vi) possession of a camera or recording device, without express written permission, on any Ontario Lottery or other Gaming premises;

vii) use of a personal cellular phone or any other computer or electronic device or USB storage device in the surveillance bay area, unless provided by and approved by the Employer for work purposes, or where, approval has been expressly granted by a Surveillance Supervisor or Manager.

viii) possession of a weapon or explosive device on any Ontario Lottery or other Gaming premises;

ix) failing to report a breach of rules or to cooperate in an investigation of a breach of rules;

x) abandoning or neglecting their assigned duties and

xi) committing any of the offences listed in section 9.06 (a) where the Employer decides to impose a disciplinary penalty short of discharge in accordance with section 9.06 (b).

Certain offences are of such gravity and importance that they shall be deemed to justify immediate discharge. Where the dismissal of an employee is made the subject of a grievance, which proceeds to arbitration, and the dismissal is for one or more of these serious offences, the Employer shall only be required to establish that the employee committed the offence. If it is established that the employee committed the offence then the dismissal shall be deemed to be for just cause and the arbitration board shall have no power to alter or substitute the penalty.

The offences subject to the procedure outlined in this paragraph are:

(i) material breach of AGCO regulations, including gaming at any OLG operation;

(ii) material breach of the Internal Control Manual or Surveillance Information, Equipment and Technology Code of Conduct;

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(iii) permanent revocation of AGCO registration;

(iv) theft from a co-worker, customer or from the Casino;

(v) misappropriation of funds, embezzlement, or any other fraudulent actions including knowingly making false statements or omissions on Employer or AGCO forms;

(vi) intentional damage or threatening to damage, destruction, or sabotage of Employer or customer property or reputation;

(vii) convicted of violating any Federal, provincial, or local law while on or off duty relevant to an employee's responsibilities and/or which causes public disrepute to the Employer or the Province of Ontario; and

viii) an employee's absence from work on two (2) shifts in a rolling twelve (12) month period without speaking in advance with their immediate Supervisor, except where a reason satisfactory to the Employer is provided both for the absence and for the inability to have the Employer contacted.

(b) The Employer may impose a disciplinary penalty short of discharge for an offence listed above, in light of the specific circumstances of the case. The imposition of such a penalty in one case shall not operate as a limit to management's discretion to impose the penalty of discharge in another case.

9.07 The Employer maintains its surveillance system for the purpose of safeguarding its assets and maintaining the integrity and security of the facility. Where the Employer intends to rely upon video surveillance recordings or reports as evidence of employee wrongdoing to support discipline, the affected employee and an AGCO licenced Union Representative will be allowed to request and review the video recording at the Formal Stage of the grievance process. This will be subject to any AGCO approvals or requirements as to the procedure to be followed for such a review. It is understood that surveillance video is strictly confidential and the details of this video cannot be shared or discussed except as required to address the grievance.

ARTICLE 10 - PROBATION AND SENIORITY

Probation:

10.01 For regular full-time employees, the probationary period is three (3) months, beginning with the first day of employment. For part-time employees, the probationary period is complete after 520 actual hours worked as a Surveillance Operator, and will then be awarded seniority back to the date of hire into the unit.

10.02 Upon successful completion of the probationary period, the employee will acquire seniority and will be given a seniority date which shall be based on the employee's date of hire as a probationary employee.

Seniority and Service:

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10.03 (a) "Seniority", as referred to in this agreement, shall mean length of continuous service in the bargaining unit from the last date of hire into current status within the bargaining unit.

(b) "Service", as referred to in this agreement, shall mean length of employment with OLG from the date of last hire.

(c) Full-time and part-time employees shall accrue seniority on the basis of duration of employment in his/her current status since last date of hire into the status.

(d) Seniority under this collective agreement has no application elsewhere with OLG.

10.04 The Employer will maintain two seniority lists, one for non-probationary part-time employees and one for non-probationary full-time employees. The lists shall be updated and posted every six (6) months, and a copy of the lists shall be given to a designated Steward and posted on bulletin board(s).

10.05 An employee attaining seniority shall have thirty (30) days from the posting of the first seniority list containing their name to advise the Employer, in writing, of any errors with respect to their respective seniority dates. Thereafter, the employee shall be deemed to have accepted the seniority dates posted.

10.06 Where two (2) or more employees have the same service and seniority date, they shall be placed on the seniority list in an order determined by lottery. The lottery will be conducted by the Employer with a Union Steward present.

10.07 Where an employee moves from part-time to full-time status, or vice-versa, he/she shall be placed at the bottom of the appropriate seniority list, but shall retain accrued service.

10.08 An employee temporarily working outside the bargaining unit (secondment) shall retain seniority for a period of twelve (12) months or such longer period as may be agreed to by the parties. No seniority shall accrue unless they return to the bargaining unit at which time the employee will be credited with seniority for the time they spent outside of the bargaining unit.

10.09 Loss of Seniority and Employment

The seniority rights and employment of any employee shall cease for any of the following reasons:

(a) If an employee voluntarily resigns or retires;

(b) If a non-probationary employee is discharged for just cause and such employee is not reinstated pursuant to the provisions of the grievance procedure;

(c) If an employee overstays a leave of absence or remains away from work without permission for a period of more than three (3) consecutive working days, without satisfactory reason;

(d) If an employee fails to report for work in accordance with a notice of recall seven (7) days after a registered mailing of such notice, without satisfactory reason;

(e) If an employee is laid off for a period in excess of eighteen (18) months;

(f) If an employee works at other employment during a leave of absence without permission;

(g) Has his or her AGeO licence permanently revoked or suspended for in excess of twelve (12) consecutive months unless the employee appeals the suspension in

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which case seniority rights and employment shall cease if the appeal is dismissed. An employee whose AGCO licence is suspended for less than twelve (12) consecutive months will be placed on an unpaid leave of absence for the duration of their AGCO licence suspension.

ARTICLE 11 - GRIEVANCE PROCEDURE

11.01 Any dispute involving an alleged violation of this Collective Agreement, including any question as to whether or not a matter is arbitrable, may be made the subject of a grievance.

11.02 There are three types of grievances under this Collective Agreement:

An Individual Grievance which is an unresolved complaint of an individual employee wherein he believes that the Collective Agreement has been improperly interpreted applied or administered to his detriment.

A Group Grievance which is an unresolved complaint of a group of employees wherein they believe that the Collective Agreement has been improperly interpreted, applied or administered to their collective detriment.

A Policy Grievance which is an unresolved issue arising between the Union and the Employer around the interpretation, application or administration of the Collective Agreement but does not include matters which could be pursued either as an Individual or Group Grievance. A policy grievance shall be initiated at the Formal Step 1 of the grievance procedure.

11.03 There are three procedural steps under this Collective Agreement for the resolution of grievances:

(a) Informal Procedure:

A grievance will first be raised verbally with the Surveillance Supervisor to provide an opportunity for him to address any concern or complaint prior to moving to the Formal Procedure. This meeting and notification of a grievance must be within seven (7) days of when the employee became, or ought reasonably to have become aware of the circumstances giving rise to the grievance. The grievor must be present to provide information supporting the grievance. The Supervisor shall give the grievor their decision in writing within seven (7) days and a copy shall be provided to Human Resources.

(b) Formal Procedure - Step 1:

Failing resolution of the grievance informally, and within seven (7) days of the date of the Informal Procedure response, the grievance may be submitted formally in writing to the Surveillance Manager or designate. The Surveillance Manager, or designate, may hold a meeting within the next seven (7) days and will, in any event deliver his decision in writing to the employee within fourteen (14) days of the submission.

(c) Formal Procedure - Step 2:

Failing resolution of the grievance at Step 1, and within seven (7) days of the date of the Step 1 response, the grievance may be submitted in writing to the Regional Surveillance Manager or designate. The Regional Surveillance Manager, or designate, may hold a meeting within the next seven (7) days and will, in any event deliver his decision in writing to the employee within fourteen (14) days of the submission.

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The Human Resources Manager or designate may be consulted and included at any grievance step.

Termination grievances shall be initiated at Step 2 and must be initiated within seven (7) days following the date of the termination in accordance with the grievance process.

11.04 The Formal grievance shall be in writing on a grievance form and shall include:

(a) The date of the alleged breach of the Agreement;

(b) Article(s) of the Agreement alleged to have been breached and the events on which the grievance is based; and

(c) What specific remedy is being sought.

The Formal grievance form will contain a signature of each grievor seeking a remedy.

11.05 Time limits referred to in the grievance and arbitration procedures are mandatory and must be strictly complied with. Time limits may be extended by mutual agreement where there is a basis for the request to extend time limits and where it is made in writing in advance of the expiry of the time limits. Consent to a brief extension requested under this article will not be unreasonably withheld. Otherwise failure to comply shall result in the grievance being deemed to have been abandoned notwithstanding the provisions of Section 48(16) of the Labour Relations Act, 1995.

11.06 Where no response has been given within the time limit specified, the grievance may be submitted to the next step of the procedure within the requisite time frame specified.

11.07 The procedure above will be amended for Employer grievances so that the informal step is with the Local Steward and the formal steps with the Teamsters Business Representative.

11.08 A Union Steward shall be present at all meetings following the filing of a Formal grievance under this Article. If the employee so chooses, the Union Steward will act only as a silent witness.

11.09 Meetings involving grievances shall be at times mutually agreed to and a grievor who attends such a meeting during normally scheduled working time shall not suffer any loss of pay for time spent at such a meeting. Those employees who are attending grievance meetings (informal or formal) outside their normally scheduled working hours, will not be compensated for their time by the Employer.

11.10 Where it is mutually agreed that another employee ought to attend at such a meeting, that person will not suffer any loss of pay for time spent at such a meeting.

11.11 If the grievance continues to be pursued after the Step 2 response of the Employer (or after the day on which the Employer should have responded) then the matter may be referred to arbitration, including any question as to whether the matter is arbitrable. The referral to arbitration must be received within a further ten (10) days.

11.12 Arbitration

Where either party refers a grievance to arbitration, the notification shall be in writing addressed to the other party to this agreement.

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The parties agree to the use of a Single Arbitrator to hear matters in dispute and will make efforts to select a mutually agreeable Arbitrator in a timely fashion.

Each party will bear its own expenses with respect to the arbitration procedure. The parties will equally share the fees and expenses of the Arbitrator.

Either party may apply for expedited arbitration under the provisions of Ontario Labour Relations Act, 1995, provided that the grievance procedure shall not be by-passed and no matter shall proceed to arbitration that has not been properly and fully processed through that procedure, and provided that the referring party first makes an attempt to find a mutually agreeable date and Arbitrator.

The Arbitrator shall not be authorized to alter, modify or amend any part of the terms of this Collective Agreement, or to substitute any new provisions in lieu thereof, or to deal with any matter that is not a proper subject for grievance under the Collective Agreement, nor give any decision inconsistent with the terms and provisions of this Collective Agreement.

11.13 The parties agree that any written or verbal decision issued by an arbitrator shall not make reference to or otherwise disclose any confidential or proprietary information or documents introduced into evidence regarding the Employer's operations or Employees, including, without limitation, any confidential information regarding the Employer's surveillance operations or personnel, or any other information or documents which, if disclosed, would compromise or prejudice the Employer's operations or Employees, including, without limitation, the Employer's surveillance operations and personnel. At any time prior to or during an arbitration, either party may put the other party and the arbitrator on notice of any information or documents which are subject to this section (11.13).

11.14 In this Article, it is understood and agreed that any employee (except the grievor) who is summoned or subpoenaed and whose attendance is required at arbitration hearings, and who provides five (5) days of notice, shall receive permission to be absent from work without loss of pay. An employee who is summoned or subpoenaed to attend, and who does so with pay from the Employer, shall remit to the Employer any appearance fees or conduct monies so received.

11.15 No adjustment effected under the grievance or arbitration procedure shall be made retroactive prior to the date that the complaint was first discussed or presented to the Employer under and in accordance with this Collective Agreement except where this is to address an error which was not and could not have been known to the grievor.

ARTICLE 12 - POSTING

12.01 Where there is a position vacancy in the bargaining unit's permanent full-time ranks which the Employer intends to fill, the Employer will post and fill the vacancy according to the procedures in this Article.

12.02 Postings shall be placed on a designated bulletin board, and shall clearly indicate the deadline date for the application and the location or persons to whom applications shall be made. The posting period shall be for not less than five (5) calendar days from the date of posting. Employees may leave an application if they are scheduled to be away for a period of more than five (5) calendar days and will not be available to submit an application.

12.03 No applicants from outside the Surveillance Department will be considered unless the posting and selection process is completed and no internal applicant was selected.

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12.04 (a) After the deadline for applications has passed, the Employer may schedule and arrange any tests and interviews.

(b) Employees will be considered for the vacancy based upon the following criteria:

Skill, knowledge, qualifications and ability, including, but not limited to a review of work experience, work performance, training, registration status, culpable absenteeism and disciplinary record.

Should several candidates be relatively equal, then seniority will be the determining factor.

12.05 If additional personnel are required within forty-five (45) days after the date the original position was filled, the position will not be re-posted and a candidate will be selected from the original qualified applicants.

ARTICLE 13 - HOURS OF WORK

13.01 The normal hours of work for all full-time employees shall be eight (8) hours per day and eighty (80) hours per two (2) week period as established by departmental schedules of work except where such longer or shorter regular shift schedule is established in accordance with a negotiated work week arrangement that is cost neutral.

13.02 It is understood and agreed that the provisions of this Article are intended only to provide a basis for calculating fime worked for all employees and shall not be considered a guarantee as to the hours of work per day, the days of work per week, nor a guarantee of working schedules.

Employees may be required to leave work in advance of the end of the scheduled shift. Employees shall be paid only for hours worked except where the departure is involuntary in which case the employee will be guaranteed a minimum of four (4) hours work or pay at his regular rate.

13.03 If an employee is called into work, he will be paid for all hours worked. Where the employee is called into work on less than twelve (12) hours notice he will be paid for a minimum of four (4) hours work at the employee's regular rate or the applicable overtime rate.

13.04 Scheduling

A shift schedule for full-time employees will be posted at least fourteen (14) days prior to the commencement of the shift rotation, and changes to the posted schedule shall be made forty­eight (48) hours in advance except where circumstances outside the control of the Employer dictate.

13.05 A shift schedule for part-time employees will be posted at least fourteen (14) days prior to the commencement of the shift for that work already available and known to be required at the time of posting ("core schedule").

13.06 It is understood that the posted core part-time schedule is subject to change as shifts become available, are no longer required and/or are assigned. Following the posting of the core schedule, part-time employees shall review the schedule and maintain contact with the Surveillance Manager or designate in charge of scheduling and other shifts that become available for work will be assigned as required. Where a part-time employee is not at work on the day the shift is posted nor scheduled again prior to the newly assigned shift, he will be called by the Employer. Employees must be available to receive such calls by maintaining a

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voice mail system or by returning calls on call display and failure to maintain such a system relieves the Employer of its obligations.

13.07 (a) Core hours will be distributed as equitably as possible amongst part-time employees.

(b) Additional shifts that become available for work shall be assigned on a seniority- basis, provided the assigned shift does not put the employee into an overtime situation and/or does not result in the employee having less than ten (10) hours between shifts.

13.08 Shift Exchanges

With a minimum of forty-eight (48) hours of notice, or a shorter period of time at the Manager or designate's discretion, employees may submit shift exchange requests in accordance with the Employer's procedure for doing so, indicating a desire to switch shifts within the same pay period. Shift exchanges will be granted where cost neutral, in accordance with this Agreement, does not give rise to any operational considerations in the opinion of the Employer and is in accordance with all applicable legislation. Part-time employees may switch shifts that are not of equal length with other part-time employees. This will not be cause for a grievance under 13.07 should core hours not be distributed equitably.

13.09 Overtime

The parties to this Agreement recognize that the needs of the business require the performance of overtime work from time to time. All overtime will be approved in advance by the Surveillance Manager or designate.

13.10 When the Employer requires employees to work overtime that is not scheduled more than forty eight (48) hours in advance, the Employer will invite employees to work overtime in accordance with the following procedure:

(a) Employees who are presently at work and who express interest will be invited to work the overtime starting with full-time employees in order of seniority, followed by part­time employees in order of seniority.

(b) If insufficient employees volunteer to work overtime, the Employer will advise the most junior qualified worker on shift to perform such work and such work assignment will be for no longer than four (4) hours in duration.

(c) Any verified claim of improper distribution shall result in the employee being given the next opportunity to work overtime.

13.11 Where there is no willing employee the most junior qualified and available employee(s) will be assigned (part-time first and then full-time).

13.12 If an employee is eligible for overtime, he or she will receive overtime after the completion of the first fifteen minutes. Overtime pay shall be paid at the rate of one and one-half (1 'Y:!) times the employee's regular hourly rate in respect of all pre-authorized hours worked:

(a) in excess of their scheduled shift or forty (40) hours weekly for a full-time employee whose normal shift is eight hours on a fixed non-rotational basis, or;

(b) in excess of their scheduled shift or eighty (80) hours bi-weekly for a full-time employee whose normal shift is rotational or greater than eight hours, or;

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(c) in excess of their scheduled shift or eighty (80) hours bi-weekly, for a part-time employee whose shift is eight (8) hours or greater. For a part-time employee who works a shift of less than eight (8) hours, overtime eligibility does not occur until the employee has worked at least eight (8) hours, or;

(d) in excess of such longer shift as agreed or may exist due to a negotiated work week agreement; or in excess of such averaged hours as agreed or may exist due to a negotiated work week agreement

13.13 There shall be no duplication or pyramiding of hours worked for the purpose of computing overtime or any other premium payment.

13.14 Rest Periods

(a) Employees working an eight (8) hour shift will be entitled to two (2) fifteen (15) minute paid breaks and one half-hour (1/2) meal break. Where an employee works additional hours they will be entitled to breaks in accordance with any Alternate Work Week Agreement as applicable. Where an employee is required to work in excess of ten (10) hours, they will be given a paid fifteen (15) minute break provided that the additional time worked is equal to or greater than three (3) hours from the time of their last break.

(b) Breaks will be taken on location in designated areas.

(c) Should an employee's break be cancelled at the request of a Supervisor or Manager for business requirements, the employee will be given an additional break equal to the time of the originally allocated break period.

13.15 Schedule Adjustments

Where a part-time employee knows absolutely that he or she is not going to be available for work, he or she may request a schedule adjustment. Each part-time employee may request up to six (6) schedule adjustments per calendar year. All such requests must be submitted to Scheduling at least two (2) weeks in advance and prior to the schedule being posted. An approved schedule adjustment day cannot be cancelled by an employee. For new employees, adjustment days will be pro-rated for the first calendar year.

ARTICLE 14 - WAGES

14.01 The hourly wages for employees in the bargaining unit are as set out below.

Start Rate

Mid Rate (after 6 months worked and successfully completing probation)

Max Rate (after 12 months worked)

$16.84

$18.95

$21.05

Effective October 1, 2015 - Increase the Max Rate by 1.75% and adjust the Mid Rate and Start Rate accordingly.

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ARTICLE 15 - LEAVES

BEREAVEMENT

15.01 In the event of the death of a seniority employee's immediate family member, the employee shall be granted an excused absence of up to four (4) days leave. It is agreed and understood that "days leave" in the case of part-time employees, means the four (4) consecutive calendar days following the death of an immediate family member, whether scheduled or not, and in the case of full-time employees, means the next four scheduled shifts. FUll-time employees will be paid for up to four shifts during this leave. Part-time employees will be paid for any scheduled shifts during this leave.

15.02 Immediate family for the purposes of this Article shall mean the employee's spouse including common-law or same sex partner, and the employee and their spouse's parent, step-parent, foster parent, child, step-child, foster child, spouse of child, grandparent, step-grandparent, grandchild, step-grandchild, brother or sister, step brother/sister, sister/brother in law. Any relative who is dependent. The Employer reserves the right to request proof of the bereavement.

15.03 One (1) day of bereavement leave with pay will be provided in the case of the death of an aunt, uncle, niece or nephew of the employee or their spouse to attend the funeral if the employee was scheduled to work.

15.04 Bereavement leave shall be paid at the employee's regular straight time hourly rate of pay.

15.05 Up to two (2) additional days of leave without pay will be provided to attend the funeral of any listed family member in this Article where the distance to the funeral is greater than eight hundred (800) kilometers away from OLG Slots at Woodbine Racetrack and where sufficient proof of need is provided.

PREGNANCY AND PARENTAL LEAVE

15.06 Pregnancy Leave

A Pregnancy leave will be granted, in accordance with the conditions contained in the Ontario Employment Standards Act, 2000, to any female employee who has completed at least 13 weeks of service with the Employer prior to the expected due date. This unpaid leave will be for a seventeen (17) week period.

An employee may begin her pregnancy leave no earlier than the earlier of,

• the day that is seventeen (17) weeks before her due date

• the day on which she gives birth

The pregnancy leave of an employee who is not entitled to take parental leave ends on the later of the day that is seventeen (17) weeks after the pregnancy leave began or the day that is six (6) weeks after the birth, still birth or miscarriage of the child.

An employee on pregnancy leave will continue to participate in the Employer's benefit plans for the period of their leave unless they elect in writing not to do so, provided that they continue to pay the contributions, if any, for the period of such leave.

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Employment Insurance Top Up:

A full-time employee who has at least one (1) full year of service (12 months) with the Employer, entitled to pregnancy leave and who provides proof that she is in receipt of Employment Insurance benefits pursuant to the Employment Insurance Act (Canada) shall be paid an allowance in accordance with the Supplementary Benefit Plan.

In respect of the period of pregnancy leave, payments made according to the Supplementary Employment Benefit Plan will consist of the following:

• for the first two (2) weeks at 93% of regular weekly base salary

• for fifteen (15) weeks at the difference between their Employment Insurance benefits and ninety-three percent (93%) of regular weekly base salary

For an hourly paid employee, an average of the regular weekly earnings for the prior twenty­eight (28) weeks is used to determine regular average weekly salary. Regular earnings include regular pay, paid leaves of absence such as bereavement, jury duty, vacation, sick and lieu time payments, WSIB payments and training time paid. Statutory holiday pay is also included if considered a regular day's pay. Overtime pay is not included as regular earnings.

The Top Up payment will not be adjusted as a result of any pay adjustments that occur during the leave period.

Under EI Pregnancy benefits provisions, the mother can start collecting pregnancy benefits either up to eight (8) weeks before she is expected to give birth or the week she gives birth, whichever is later.

All copies of Employment Insurance stubs must be provided (as proof) to calculate and process the EI Top Up payments.

15.07 Parental Leave

Parental leave will be granted, in accordance with conditions contained in the Ontario Employment Standards Act, 2000. An employee who has completed at least thirteen (13) weeks of service with the Employer and who is the parent of a child, is entitled to a leave of absence without pay following the birth of the child or the coming of the child into the employee's custody, care and control for the first time.

Parent includes a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own, and "child" has a corresponding meaning.

Parental Leave may begin:

• no earlier than the day the child is born or comes into the custody, care and control of the parent for the first time

• no later than fifty-two (52) weeks after the day the child is born or comes into the employee's custody, care and control for the first time

Parental leave for an employee who also took pregnancy leave shall commence immediately following the expiry of the pregnancy leave if one is taken unless the child has not yet come into the custody, care and control of a parent for the first time.

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An employee wishing to take parental leave shall give the Employer written notice at least two (2) weeks before the day the leave is to begin.

Parental leave ends thirty-five (35) weeks after it began for an employee who takes pregnancy leave and thirty-seven (37) weeks after it began for an employee who did not take pregnancy leave. Once an employee begins a pregnancy/parental leave, the leaves must be taken without interruption.

An employee on parental leave will continue to participate in the Employer's benefit plans for the period of their leave unless they elect in writing not to do so, provided that they continue to pay contributions, if any, for the period of such leave.

Emplovment Insurance Top Up:

A full-time employee who has at least one (1) full year of service (12 months) with the Employer, entitled to parental leave and who provides proof that he or she is in receipt of Employment Insurance benefits pursuant to the Employment Insurance Act (Canada) shall be paid an allowance in accordance with the Supplementary Benefit Plan.

In respect of the period of parental leave, payments made according to the Supplementary Employment Benefit Plan will consist of the following:

• first two (2) weeks of the leave will be paid at 93% of regular weekly base salary (except where already taken or declined by EI)

• for 10 weeks at the difference between their Employment Insurance benefits and 93% of regular weekly base salary

For an hourly paid employee, an average of the regular weekly earnings for the prior 28 weeks is used to determine regular average weekly salary. Regular earnings include regular pay, paid leaves of absence such as bereavement, jury duty, vacation, sick and lieu time payments, WSIB payments and training time paid. Statutory holiday pay is also included if considered a regular day's pay. Overtime pay is not included as regular earnings.

All copies of the Employment Insurance stubs must be provided (as proof) to calculate and process the EI Top Up payments.

The Top Up payment will not be adjusted as a result of any pay adjustments that occur during the leave period.

PERSONAL LEAVES

15.08 (a) Subject to the employee first exhausting all entitlement to vacation and lieu days, the Employer may grant a personal leave of absence without pay for reasons, which the Employer determines to be legitimate. Only in the most exceptional of circumstances are such leaves to exceed the lesser of forty (40) hours of scheduled work or five (5) days away from work in any calendar year.

(b) Such a request must be made at least two (2) weeks prior to the requested starting date of the leave, and may only be made by employees with six (6) months of continuous employment.

(c) Extensions of personal leaves will only be granted if sought in advance of the expiry of the original leave and are subject to the same considerations.

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(d) No outside work may be performed at another employer while on a personal leave of absence unless specific permission for this is granted in advance. A breach of this provision will result in loss of seniority and employment.

JURY DUTY

15.09 A non-probationary employee called for jury duty or subpoenaed as a Crown witness shall receive for each day absent from regular scheduled working hours, the difference between hourly earnings lost and the amount of jury or witness fee received, providing the employee furnishes the Employer with a Certificate of Service signed by the Clerk of the Court showing the amount of any fee received.

Employees are required to report for work on days when they are not required on jury duty or to testify as a subpoenaed witness as specified below in a court of law. Employees on jury duty who work in classifications that operate seven (7) days per week will, if they are on jury duty for more than three (3) days, be notionally placed on a Monday - Friday schedule matching the jury duty until the end of the week the jury duty or testifying as a subpoenaed witness concludes so as to minimize any disruption with their normal earnings and time at home while still meeting the Employer's operational requirements. The purpose of this Article is to ensure that employees shall receive consistent hourly earnings from the Employer despite the Jury / Crown Witness duty.

Employees required to testify on behalf of the Employer or the Crown with respect to workplace incidents will be considered as working for all time spent in this regard. The Employer will pay employees the difference between the amount of money the employee receives from the summons and his or her regular hourly pay, reasonable expenses for meals, parking, out of town travel expenses or accommodations, upon presentation of receipts and in accordance with the Employer's policies for expense reimbursement.

MILITARY LEAVE

15.10 An employee who is an active member of a Canadian Forces Reserve Status Militia Unit will be granted Reserve Training leave of up to one (1) week with pay [no more than forty (40) hours] and one (1) week without pay in each calendar year. The employee must provide proof of training and receive prior approval by providing at least two (2) weeks of notice to the Surveillance Manager or designate. An unpaid leave of absence will also be granted to fulfil his military obligation if he is called into Active Military Status, provided that a copy of the official deployment standing order accompanies the Leave of Absence Application form. The employee's seniority and service will continue to accrue at the normal full rate during such leave. Leaves of absences must be requested using a Leave of Absence Request form. Except in cases of emergency leave, such request must be made at least two (2) weeks prior to the requested starting date of the leave, and may only be made by employees with six (6) months of continuous employment. The Manager will respond in writing within five (5) days of receipt of written request from the employee.

EMERGENCY LEAVE

15.11 It is agreed and understood that all leaves of absence under this Agreement including but not limited to sick leave, and leaves of absence, whether paid or unpaid, constitute a greater right or benefit than the Emergency Leave provisions of the Ontario Employment Standards Act, 2000. It is further agreed and understood that the statutory emergency leave days may not be pyramided on top of any leave, whether paid or unpaid, under the terms of this Agreement. Further, it is understood that the Employer has the right to ask for proof of an emergency leave. Should such proof not be provided, this would be considered as culpable absenteeism.

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RELIGIOUS HOLIDAYS

15.12 Employees may request time off for religious holidays not otherwise covered in Article 18-PAID HOLIDA YS. Up to two (2) days leave paid for full-time and two (2) days unpaid leave for part-time employees is available to observe religious holidays identified by leaders and representatives of each religion for their respective religions.

Religious Holiday pay cannot be requested for holidays that fall on an employee's regularly scheduled days off. Additional time off for religious holidays may be accommodated by taking vacation or lieu time, by rearranging work schedules or by taking an unpaid leave of absence.

CITIZENSHIP DAY

15.13 Full-time employees will receive one (1) day paid leave of absence to attend the Citizenship Day Ceremony if the ceremony falls on their regular scheduled shift or work day; pay will be calculated at the employee's normal rate of pay and will count towards any overtime hours. Part-time employees may request a day off without pay to attend the Citizenship Day Ceremony.

UNION LEAVE

15.14

(a) When an employee is elected to a full-time position with Teamsters, the Employer shall, upon six (6) weeks' written notice (or a lesser amount where that is all that is possible but in no case less than three (3) weeks), grant a leave of absence without pay and without loss of seniority for the duration of such leave for up to two (2) years. During this time period, the employee may, upon four (4) weeks' written notice, be returned to the position held immediately prior to the commencement of the leave. This leave of absence is limited to one (1) employee during the life of the Agreement.

(b) The Employer may be asked to grant a leave of absence without pay for up to one (1) person in any twenty-four (24) hour period to attend at Union functions. This leave will be granted where it does not interfere with the operation of the Employer, does not impact on vacation entitlements and is not used for a purpose contrary to the Employer's interests. There must be at least fourteen (14) days written notice of the request for the leave of absence and there are to be no more thana total of eight (8) days per year. With at least thirty (30) days of notice it is agreed that once every two (2) years two (2) Stewards may both request to take a leave under this Article at the same time for up to two (2) days for Steward training. This leave will not be unreasonably denied and will be granted except where such leave impacts the Employer's ability to meet its regulatory requirements.

ARTICLE 16 - LAYOFF AND RECALL

16.01 Where possible, the Employer will give seventy-two (72) hours notice of layoff to the affected employees and to the Union.

16.02 Should it become necessary to reduce the workforce by layoff, the following will apply:

(a) The employment of probationary and temporary employees will be terminated.

(b) The Employer will determine the number of full-time and/or part-time pOSitions to be reduced. Layoffs of full-time and part-time employees will begin with the most junior

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employee in the status based on Seniority where the remaining employees have the requisite skill, knowledge, qualifications and ability to perform the job.

Bumping Procedure

In the event one or more full-time employees are identified for a layoff of in excess of fourteen (14) days, the following will apply:

(a) The most junior full-time employee will use his or her Seniority to bump the most junior part-time employee in his or her classification, if he/she has the skill and ability to perform the job and Seniority permitting, or may accept layoff;

(b) Any most junior part-time employee impacted by (a) above will be laid off;

(c) Notice to one employee will be notice to all and the junior employee(s) laid off will be provided with a Record of Employment and will await recall.

16.03 Voluntary Layoff

An employee who has not received a notice of layoff may make an offer of voluntary layoff where there is another employee who has received notice of layoff. If such request is made before the layoff has become effective and is acceptable to the Employer, the Employer will substitute this employee for the most senior employee who has received notice of layoff.

16.04 The Employer shall maintain the payment of its share of any applicable benefit premiums up to the end of the month following the month of layoff or such longer period as is required under the Ontario Employment Standards Act, 2000.

16.05 Recall

(a) Employees who are laid off shall be placed on a recall list and shall retain and accrue seniority for a maximum of eighteen (18) months.

(b) Where the Employer determines that it needs to recall staff, employees laid off shall be recalled in reverse order layoff. Notwithstanding the foregoing,

(i) a full-time employee must accept a recall to a full-time position and/or a part-time position, as required, although recall to a part-time position will not extinguish the right to recall to a full-time position should one become available during the layoff;

(ii) a part-time employee must accept a recall to a part-time position, as required;

(iii) a part-time employee may not be recalled to a full-time position.

(c) An employee and the Employer may agree during the recall period to elect to terminate the employment relationship and the employee would receive any termination and severance pay in accordance with the Ontario Employment Standards Act, 2000 to which he is entitled (if any). The employee will then be removed from the recall list and the Employer shall have no further obligation with respect to this employee.

(d) No new employees will be hired into the bargaining unit until those employees on the recall list have been offered the opportunity of such recall.

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(e) Notice of recall shall be sent by courier to the employee's last known address and shall be deemed delivered on the following business day. It shall be the employee's responsibility to keep the Employer advised of his current address at all times. Employees must indicate within forty-eight (48) hours of the recall notice that he or she is willing and able to return to work or the employee shall be deemed to have refused recall and seniority rights.

16.06 Grievances regarding layoff shall be initiated at the Formal Procedure of the grievance procedure but must be initiated within ten (10) days.

ARTICLE 17 - VACATION

17.01 All regular full-time employees shall earn vacation credits based upon their service.

The vacation entitlement for regular full-time employees is listed below. As full-time schedules may vary daily, the vacation entitlement is expressed in total hours.

Years of Service

First eight years

At eight years

At fifteen years

At twenty six years

Hours Per Calendar Year I Days

120 hours /15 days

160 hours /20 days

200 hours / 25 days

240 hours / 30 days

On January 1 st of each year, employees are advanced a full year's vacation credits based on their years of service. For employees reaching the next entitlement level during the year, they will be advanced the full year's entitlement on January 1 st of that year. For example employees who complete their eighth year on May 15, 2013 would receive their full entitlement on January 1, 2013. If an employee commences, terminates or changes employment status during the year, their credits will be pro-rated. In addition, employees who are off on an unpaid leave of absence or layoff greater than 30 days will have their vacation credits prorated. If an employee terminates his/her employment and has been paid more vacation than the year's entitlement, the extra vacation paid will be deducted from their final pay.

Vacation time must be taken during the calendar year in which it was earned, except for exceptional circumstances. Up to eighty (80) hours of vacation time earned during a year may be carried over into the first three (3) months of the following calendar if the employee so requests in writing prior to December 1 and the Manager approves. Any vacation not booked by the end of October may be scheduled by the Employer between then and March 31 of the following year.

The Surveillance Manager will designate when vacation can be taken and how many employees may be off at anyone time.

During the first six (6) months of service vacation cannot be taken unless special circumstances exist.

Part-time employees on a secondment to a full-time position for six (6) months or greater will receive the appropriate number of pro-rated vacation days.

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17.02 Vacation Entitlement for Part-Time Emplovees

Part-time employees will receive vacation payment and vacation days, on the following basis. The vacation entitlement is based on years of continuous service with OLG.

Years of Service

First to eighth years

At eight years

At fifteen years

At twenty six years

Vacation Payment I Unpaid Time

6% / 2 Weeks and 5 days

8% / 2 Weeks and 10 days

10% / 3 weeks and 10 days

12% / 4 weeks and 10 days

For employees reaching their next entitlement level during the year, they will be receiving the vacation payment entitlement on January 1st of that year. For example an employee who completes their eighth year on May 15, 2013 would receive their new vacation payment entitlement beginning January 1, 2013.

For part-time employees, vacation is paid bi-weekly and calculated on total earnings for the bi-weekly pay period. Part-time employees may book their weeks and their days of unpaid vacation time each year. Weeks above must be taken as 7 -day blocks of time away from work while days may be used individually.

Part-time employees will have the option of banking vacation pay which can be paid out upon written request of the employee. All banked vacation pay will be paid out in January of the following year.

17.03 Vacation Scheduling

A vacation selection window will open in December each year for the following year. The deadline for submitting vacation requests for the upcoming year will be January 31 st

Employees will be advised if their vacation requests have been approved by March 1st of each year. Vacation requests for January and February will be considered on a first come first served basis.

Vacations will be selected and scheduled each year based on seniority date, with full-time employees selecting first. Vacations will be selected by seniority on a rotational basis with the most senior employee being able to select a maximum of eighty (80) hours before the next senior employee gets the opportunity to select his/her eighty (80) hours until the vacation dates have been selected.

Pick 1

Pick 2

Pick 3

Pick 4

Pick 5

Pick 6

Full-time employees by seniority may pick either a one (1) week or a two (2) week block (40 hrs or 80 hrs)

FUll-time employees by seniority may pick either a one (1) week or a two (2) week block (40 hrs or 80 hrs)

Part-time employees by seniority may pick their first one (1) week block.

Eligible part-time employees by seniority may pick their second week.

Full-time employees by seniority may pick the remainder of their vacation time.

Eligible part-time employees by seniority may pick the remainder of their vacation time.

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Pick 7 Eligible temporary employees by start date may pick their one (1) week block.

Pick 8 Eligible temporary employees by start date may pick the remainder of their vacation time.

Any vacation that is not scheduled in the scheduling period will be taken at the discretion or as directed by the Employer and is subject to operational requirements. This vacation must be requested prior to the schedule being posted. The Department Manager, or designate, may approve a vacation request after the schedule has been posted at his/her discretion where the employee finds a replacement and/or where there are extenuating circumstances.

Employees will be allowed to cancel approved vacation prior to the schedule being posted. Employees are required to reschedule any cancelled vacation at the time of cancellation and in the same manner as the vacation was originally selected (eg. a cancelled week block of vacation must be rebooked as a week block).

An employee, who has earned vacation credits under the terms of this article and retires, quits or is terminated, shall receive payment in lieu of vacation due such employee. In the case of death, such employee's authorized beneficiary or estate shall be entitled to such employee's payment in lieu of vacation.

17.04 Death in Familv During Vacation

An employee who, while on scheduled vacation becomes eligible for bereavement leave will be able to reschedule the vacation days affected by the bereavement leave. Such vacation will be taken at a time mutually agreeable to the Employer and the employee.

17.05 Where an employee becomes ill and eligible for STSP prior to his/her vacation commencing, he/she shall have the right to temporarily terminate his/her vacation and when he/she becomes fit, it will be rescheduled on mutually agreeable dates. If the employee recovers prior to the completion of the scheduled vacation, he/she will take vacation on those dates.

17.06 No employee shall be required to work during their scheduled vacation period selected and approved in the December/January vacation picks.

ARTICLE 18 - PUBLIC AND PAID HOLIDAYS

18.01 The paid holidays recognized by the Employer will be as follows:

New Years Day Civic Holiday (1 st Monday in August)

Family Day Labour Day

Good Friday Thanksgiving Day

Easter Monday Remembrance Day

Victoria Day Christmas Day

Canada Day Boxing Day

18.02 It is agreed and understood that given the nature of the Employer's operation, employees may be required to work on a holiday. Where an employee is scheduled to work on anyone

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of the above-mentioned holidays, then in addition to any holiday pay he or she may qualify for, he or she shall be paid at the rate of time and one-half (1 %) his or her base hourly rate, for all hours worked between 12.01 a.m. and 11.59 p.m. on the holiday.

18.03 In order to qualify for holiday pay, employees must work their last regularly scheduled day of work before and their first regularly scheduled day of work after the holiday, unless:

(a) absent on vacation;

(b) absent on either of those days and such absence is authorized by the Employer based on a medical certificate issued on the day of the absence by a qualified physician which is submitted to the Employer on the day the employee returns to work.

(c) absent due to an emergency situation related to the employee or an immediate family member that arose on short notice and could not be addressed outside of working hours and provides such reasonable proof as may be required; and

(d) employees who agree to, or are otherwise required to work on the paid holiday and fail, without meeting the requirements in paragraph 18.03 (b) or (c) above, to work their entire shift (unless an early out is authorized) on the paid holiday, will not be eligible for premium payor holiday pay.

18.04 Holiday pay will be calculated as an average of the total hours worked, including paid leaves but excluding overtime, in the four weeks preceding the week of the holiday divided by the number of shifts worked.

Full-time employees who are scheduled to work on the public/paid holiday and are unable to do so due to illness will receive holiday pay and may be required to provide medical documentation for the absence.

Full-time employees who are receiving Short-Term Sickness Plan (STSP) benefits for greater than one (1) week [five (5) scheduled working days] prior to the holiday will receive holiday pay, their STSP bank will not be reduced, and the holiday will be deemed to have been taken.

Full-time employees who are in receipt of WSIB advances (65 days) for a work-related injury and are not on modified work will receive holiday pay, their sixty-five (65) days of advances will not be reduced and the holiday will be deemed to have been taken. Any employee who is being paid directly by WSIB [Le. full-time employee beyond sixty-five (65) days of advances, part-time employee] and not on modified work, will not receive holiday pay.

Where a holiday falls on a day when an employee is not scheduled to work or during an employee's vacation, and that employee otherwise qualifies for a paid holiday, then that employee shall be granted banked paid lieu time.

18.05 A full-time employee who was scheduled to work and did work on the holiday will be compensated by time off in lieu. If the employee worked a consistent shift length in the four weeks preceding the week of the holiday, the lieu time will be equal to that shift length. A full­time employee who works shifts of variable lengths in the four (4) weeks proceeding the week of the holiday will have their holiday pay entitlement determined by averaging in accordance with 18.04.

All full-time employees who qualify for holiday pay will have his or her holiday pay and corresponding lieu time banked automatically, unless he or she provides a request form to be

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paid in advance to his or her Supervisor. It is agreed that no more than five (5) days (40 hours) of lieu time may be carried at anyone time by an employee or will be paid out. In order to schedule a lieu day, the employee must request the lieu time prior to the schedule being posted. Lieu time will only be granted subject to the operational needs of the department.

Part-time employees on a secondment to a full-time position for six (6) months or greater will be allowed to bank lieu time.

ARTICLE 19 - ABSENCES FROM WORK

19.01 Employees are required to attend work regularly. When unable to attend, the employee must contact the Surveillance Supervisor as far in advance as possible of his or her scheduled starting time, giving the reason he or she is unable to attend work, the date of expected return, and the details as to where he or she can be contacted during the absence. Call-ins to report an absence must be made by the employee no later than two (2) hours prior to the start of the employee's scheduled shift except in the most extenuating circumstances.

19.02 Medical evidence may be required by the Employer outlining the expected date of return, the ability of the employee to perform any of his duties or alternate duties and any possible accommodations.

19.03 Such evidence will be required should an absence exceed three (3) days in duration and may also be required where the Employer has reasonable cause for concern. Employees are required to cooperate with the Attendance Management Program. Employees consent to the exchange of any personal information, including personal health information between any insurance carrier, medical doctors who have assessed the employee, the disability manager and/or independent medical assessors or examiners. However the Employer has no right to know the employee's diagnosis. The Employer shall notify the Union of a change to its disability management provider.

19.04 The cost of obtaining medical evidence shall be borne by the Employee except where the employee is sent to a physician of the Employer's choice for an independent medical examination.

ARTICLE 20 - HEALTH, DENTAL AND LIFE

20.01 It is understood that the Employer may at any time substitute another carrier for any Plan provided the health, dental and life insurance benefits conferred by this Collective Agreement are not in total substantively decreased. Before making such a substitution, the Employer shall notify the Union to explain the proposed change.

20.02 It is understood that the Employer does not in any way act as the insurer in respect of these benefits, nor does the Employer bear any responsibility in the event of a dispute between an employee and the insurer. The Employer's responsibility is fulfilled by arranging the purchase of the benefits as outlined in this Agreement.

20.03 The employee has an obligation to maintain and submit all necessary forms, designations and information required for benefit coverage to go into effect, for coverage to continue, and for benefit recovery.

20.04 An eligible full-time employee is a full-time employee who has successfully completed probation and has been employed as a full-time employee for the initial waiting period required by the plans. Premiums are one hundred percent (100%) paid by the Employer.

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20.05 Part-time Employees

Part-time benefits are available at a 75%/25% cost sharing for those part-time employees that have worked 520 hours in the previous six-months in accordance with the Employer's normal benefit eligibility review process.

Where p part-time employee works 1040 hours, per year, for a two (2) year period and maintains their benefits coverage at the 75%/25% cost sharing during this time, he or she will thereafter be eligible for one hundred percent (100%) Employer paid premiums as long as they remain enrolled and eligible in accordance with the Employer's eligibility provisions.

Benefit premiums for eligible part-time employees will be deducted in two (2) equal installments on the first and second pay of each month.

20.06 Subject to any limitations below, the Prescription Drug & Health, Dental and Life insured plans will provide the following benefits for eligible full-time and part-time employees and for their spouse and/or eligible dependents:

Dental

(a) Basic routine service, covered at one hundred percent (100%) to a two thousand dollar ($2,000) per calendar year maximum.

(b) Major restorative services covered at fifty percent (50%), to a two thousand dollar ($2,000) per calendar year maximum.

(c) Dentures covered at fifty percent (50%) to a three thousand dollar ($3,000) lifetime maximum.

(d) Orthodontic services are covered at fifty percent (50%) coverage to a lifetime maximum of two thousand dollars ($2,000) for dependent children aged six (6) until they reach their twenty-sixth (26th

) birthday.

(e) Recall visits every nine (9) months.

(f) ODA Fee Guide applied will be as with all other employees and as amended from time to time.

Prescription Drug & Health

(a) Reimbursement of one hundred percent (100%) for drugs that legally require a medical prescription and are dispensed by a pharmacist. Employees will pay a one ($1) dollar co-pay on each prescription. Prescriptions do not include over the counter drugs.

(b) Employee to be provided with a drug card.

(c) Vision care is three hundred dollars ($300) per twenty-four (24) month period for each covered person; includes contact lenses.

(d) An eye examination up to a maximum of seventy-five dollars ($75) per twenty-four (24) month period for each covered person.

(e) Private/semi-private hospital coverage up to a maximum of one hundred and fifty dollars ($150) per day.

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(f) Paramedical services (eg: chiropractor, chiropodist, massage therapist, naturopath, osteopath, physiotherapist, podiatrist, psychologist, speech therapist and acupuncturists) reimbursed up to a maximum of forty dollars ($40) per visit per practitioner to an annual maximum of five hundred dollars ($500) per practitioner for each covered person once OHIP maximum is satisfied.

(g) The purchase, repair or replacement (excluding replacement batteries) for hearing aids covered up to four hundred dollars ($400) every thirty-six (36) months.

(h) Orthopedic shoes specifically designed and constructed for you or your covered dependent and are prescribed by a chiropractor, podiatrist, chiropodist or physician, limited to one pair per person in anyone calendar year, provided that the benefits for these expenses shall not exceed five hundred dollars ($500).

(i) Orthotics are covered at five hundred dollars ($500) per calendar year, which are specifically designed and constructed for you or your covered dependent and prescribed by a chiropractor, podiatrist, chiropodist or physician.

U) Twenty-five percent (25%) of the cost of Apnea monitors prescribed for infants (Age 0-2 years old) who are considered to be at risk from Sudden Infant Death Syndrome, provided, if the monitors are approved under the Assistive Devices Program in Ontario.

(k) Out-of-country/province medical coverage is ninety percent (90%) cost of emergency medical services up to the maximum allowed under the schedule of fees published by the OMA.

(I) Coverage at ninety percent (90%) for smoking cessation products, with a one thousand dollar ($1,000) lifetime maximum.

Life Insurance

FUll-Time

(a) Basic Life Insurance of one times (1X) the employee's annual base salary. Premiums are one hundred percent (100%) paid by the Employer.

(b) Supplementary Life Insurance of one, two or three times (1, 2 or 3 X) annual base salary. Premiums are one hundred percent (100%) paid by the employee.

(c) Dependant Life Insurance of five thousand dollars ($5,000), ten thousand dollars ($10,000) or fifteen thousand dollars ($15,000) for employee's spouse and each dependant. Premiums are one hundred percent (100%) paid by the employee.

Part-Time

(a) Basic Life Insurance of twenty thousand dollars ($20,000). Premiums payments are subject to provisions set in 20.05.

ARTICLE 21 - WORKPLACE SAFETY AND INSURANCE

21.01 The Employer will provide workplace insurance coverage for employees in the bargaining unit in accordance with the Workplace Safety and Insurance Act (Ontario).

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ARTICLE 22 - SHORT TERM SICKNESS PLAN AND LONG TERM INCOME PROTECTION PLAN

Short Term Sickness Plan (STSP)

22.01 STSP is available only to full-time employees who have completed at least twenty (20) consecutive shifts of active full-time employment. Consecutive days do not include vacation, lieu time or any leaves of absences without pay, but days worked before and after such leave will count towards consecutive days. Where an employee is unable to attend his or her duties due to sickness or injury, the days worked before and after such absence shall not be considered consecutive.

22.02 The STSP will be as provided for all other direct gaming hourly employees of the OlG, as may be amended from time to time. The STSP is currently self insured but the Employer reserves the right to at any time obtain a carrier for the Plan and to substitute an insured plan with all premiums paid by the Employer. When making such a substitution, the Employer shall notify the Union to explain the proposed change.

22.03 The employee has an obligation to maintain and submit all necessary forms, designations and information required for benefit coverage to go into effect, for coverage to continue, and for benefit recovery. Failure to furnish such evidence may result in loss of benefits for the time period.

Long Term Income Protection Plan (L TIP)

22.04 The Employer will maintain and provide an l TIP for qualified full-time employees who have been "totally disabled" for a period of longer than six (6) months. The l TIP will be as provided for all other direct gaming hourly employees of the OlG, as may be amended from time to time. Participation for full-time employees is mandatory. A full-time employee is eligible for coverage on the first day of the month coinciding with or following probation if he or she is a new employee or, alternatively, following two (2) months of continuous service in a full-time position.

22.05 An employee is considered to be "totally disabled" if they are wholly and continuously unable to perform normal work due to an illness or injury during the first thirty (30) months following the date of disability.

22.06 lTIP premiums are eighty-five percent (85%) paid by the Employer and fifteen percent (15%) by the employee.

22.07 lTIP is an insured plan and it is understood that as with all insured plans the Employer does not in any way act as the insurer in respect of these benefits, nor does the Employer bear any responsibility in the event of a dispute between an employee and the insurer. The Employer's responsibility is fulfilled by arranging the purchase of the benefits as outlined in this Agreement.

22.08 The employee has an obligation to maintain and submit all necessary forms, designations and information required for benefit coverage to go into effect, for coverage to continue, and for benefit recovery. Failure to furnish such evidence may result in loss of benefits for the time period.

ARTICLE 23 - GENERAL

23.01 Expenses

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No expenses are to be incurred except where the activity and the need for an expense is approved in advance and reimbursement is subject to the submission of supporting documentation. Subject to this, an employee shall be reimbursed for any reasonable out-of­pocket expenses incurred and/or for mileage when using his own car in the service of the Employer during scheduled working hours, and in accordance with the Employer's policies for expense reimbursement.

23.02 Surveillance Responsibilities

Surveillance Operators are responsible for monitoring other employees and protecting the property of the Employer and have an obligation to report.

23.03 Evaluations

Where evaluations / performance appraisals are performed by the Employer, the employee will cooperate in conducting the evaluation, will review the evaluation, and may reply and add comments in the designated section of the evaluation. The employee will then sign the evaluation, which will be maintained in his file. Employees will be given a copy of the signed evaluation whether requested by them or not.

ARTICLE 24 - EMPLOYEE ASSISTANCE PLAN

24.01 The Employer will continue to provide an Employee Assistance Program for employees and both parties will encourage employees to seek out support where they deem it appropriate

ARTICLE 25 - GAMING REGULATION AND LICENSES

25.01 Upon presentation of a receipt, the Employer will reimburse the Gaming Licence fee paid by the employee on his first pay cheque. If the employee's employment ends prior to ninety (90) calendar days then the fees paid will be owed to the Employer and will be withheld from any wages owing. The Employer will pay any required Gaming Licence fee for an active employee when he performs a regular licence renewal.

Employees required to attend a gaming license renewal interview outside of regular work hours will receive a maximum of three (3) hours of pay at their regular hourly rate. These hours will not be included in overtime calculation. OLG will not reimburse for mileage or travel costs associated with AGCO gaming license renewal. It is the responsibility of the employee to notify the Department Supervisor when scheduled by AGCO for the interview.

25.02 The Employer and the Union recognize that the operations of the Employer and the employment of its employees are governed by the provisions of the Gaming Control Act of Ontario. Accordingly, this Agreement must be read subject to the requirements, provisions, limitations and terms of this Act and any other Acts specifically regulating direct gaming.

25.03 The Employees consent to the collection, use, disclosure and maintenance of all personal information by the Employer and its agents and third party service providers (including the Union) required for the management of this Collective Agreement, licensing and the employment relationship.

ARTICLE 26 - CIVIL LIABILITY

26.01 If any civil action is brought against any employee covered by this Agreement for an alleged tort committed by the employee in the performance of their assigned duties, (a "workplace claim") then:

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(a) The employee, upon being served with the workplace claim, must provide a copy of all the documents served to the Employer through the Surveillance Manager immediately and, if they are to have the benefit of this Article, within five (5) calendar days of service.

(b) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel. Should the parties be unable to agree on counsel, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.

(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of a workplace claim made against such employee if such settlement is approved by the Employer, provided the conduct of the employee which gave rise to the action was not illegal or did not constitute negligence at his or her duty as an employee.

(d) The Employer shall pay any damages or costs awarded against any such employee in a workplace claim and all legal fees, provided the conduct of the employee which gave rise to the action was not illegal or did not constitute negligence at his or her duty as an employee.

ARTICLE 27 - BULLETIN BOARDS

27.01 The Employer will provide the Union with reasonable access to an area of a bulletin board for the posting of the following notices:

1. Notices of Union elections 2. Union election results 3. Notices of Union meetings 4. Notices of Union recreational and social events 5. Names of Stewards and Executive

The bulletin board is provided for the purposes identified above and shall not be used for disseminating propaganda of any kind Whatsoever, or for the posting or distribution of pamphlets, political matter of any kind Whatsoever, or advertising. It shall not be used to demean or make derogatory comments about employees, the Employer or management of the Employer.

ARTICLE 28 - PERSONNEL FILE

28.01 An active employee, during the course of his or her employment, shall have a right once per year, prior to applying for a job posting, or as otherwise agreed to examine all documents pertaining to him or her in the personnel file. Examination of such a file shall occur at a time convenient to the Employer and the employee and following a written request from the employee in the form required by the Employer's policy. The review will take place in the presence of an Employer's representative and there will be no right to remove items from the file.

ARTICLE 29 - EDUCATION REIMBURSEMENT

Employees in the bargaining unit will be provided with access to the Employer's Education Reimbursement Program on the same terms and conditions as established by the Employer's Policy, as may"be amended from time to time.

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ARTICLE 30 - DURATION

30.01 The parties agree that the stated term of this Collective Agreement shall be from October 1, 2013 to September 30,2016.

30.02 Either party shall be entitled to give notice in writing to the other party as provided in the Ontario Labour Relations Act, 1995 of its desire to bargain with a view to the renewal of the expiring Collective Agreement at any time within a period of ninety (90) days before the expiry of the date of the Agreement. On receipt of such notice by either party, the parties shall meet and bargain in good faith to reach a renewal agreement.

DULY EXECUTED by the parties hereto this / So T day of .~ ,2015.

FOR THE COMPANY: FOR THE UNION:

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SCHEDULE A - TEMPORARY EMPLOYEES

1. Temporary employees under the Collective Agreement will have their terms and conditions of employment governed pursuant to this Schedule and the provisions of the Collective Agreement will only apply where expressly indicated in this Schedule. All other terms and conditions will be as set out in the Employment Standards Act for term and task employees.

2. A temporary employee will work in the Surveillance Department in the surveillance labour pool on a defined term or task contract. There is no guarantee of hours to be worked and temporary employees may either be contracted to provide casual labour pool support and / or be retained to replace an employee on an authorized leave of absence.

Prior to hiring a temporary employee to fill a full time position, a part-time employee will first be offered the right to replace a full-time employee on any authorized leave of absence expected to last longer than thirty (30) days in duration.

3. Temporary employment will end at the conclusion of the defined term in the contract (if the Agreement is not renewed prior to its expiry), or on such notice as is defined in the contract and all temporary contracts will be ended prior to any layoff of other employees.

4. The Union will be provided with a list of all temporary employees with term dates not later than two (2) weeks after the commencement of employment of any new temporary employee.

Given the variable work time and experience of temporary employees, a temporary employee who posts for and is hired into a part-time or full-time position will serve a probationary period but will have his service credited towards probation.

5. Temporary employees will be covered by Article 1 (Purpose), Article 4 (Management Rights), Article 6 (Union Security), Article 7 (Union Representation), Article 8 (Health and Safety), Article 18 (Paid Holidays) and Article 25 (Gaming Regulation and Licenses). The grievance and arbitration provisions of the Agreement apply to temporary employees as if they were probationary employees under the Agreement.

6. The rate of pay for temporary employees will be eighty percent (80%) of the job rate and they will receive vacation pay in addition to this amount.

7. The total number of temporary employees will not exceed twelve percent (12%) of the part-time and full-time Surveillance Department workforce, unless otherwise agreed to by the parties.

LETTER OF UNDERSTANDING #1 - EMPLOYEE PURCHASE/REWARD PROGRAMS

During the life of this Agreement, each employee in the bargaining unit will be eligible to participate in Employee Purchase/Reward Programs offered by the Employer on the same basis as for other hourly direct gaming employees of the Employer.

LETTER OF UNDERSTANDING #2 - PART-TIME LIEU

The parties agree that until such time as the OLG may introduce any paid sick time or paid leave for other reasons for part-time employees, part-time employees will be able to carry up to twenty-four (24) hours of earned lieu time.

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This paid lieu time will be managed in the same manner as full-time lieu banks are managed.

LETTER OF UNDERSTANDING #3 - OVERTIME CANCELLATION

Where an employee is advised that they are required to work overtime and is not told within the last Y2 an hour of his or her shift that they are not required for overtime, then they will be guaranteed one Y2 hour of overtime pay.

LETTER OF UNDERSTANDING #4 - PART TIME SHIFT GIVEAWAYS

Part-time employees may give away shifts to another part-time employee in accordance with the following:

i. Employees find their own replacements ii. The request is approved 48 hours in advance and allows for time off work with 10 hours

between shifts iii. The shift giveaway does not incur overtime iv. Both employees as well as the Manager/Supervisor sign the "Shift Giveaway Form", or

follow the practice established at OLG Slots at Woodbine Racetrack for shift giveaways. v. The shift is for an identical job in the same job classification and at the same skill level

The department will decide whether or not the shift needs to be filled. In the event it does not, the employee who accepted the shift will be notified.

Shift giveaways are not intended to be used in a way which undermines the overall commitment of the employee to the underlying employment relationship.

LETTER OF UNDERSTANDING #5 - SCHEDULES

The parties discussed schedules at great length during negotiations and the need for the Employer to operate its business efficiently while ensuring that employees are able to maintain a personal/family life.

The Employer agrees that a schedule that is supported by the employees who work it is the best business practice. The Union acknowledges that scheduling is complex and impacts employees in individual ways.

The Employer will establish a Departmental Scheduling Committee composed of one (1) full-time and one (1) part-time employee. This Committee will meet within thirty (30) days of ratification, and thereafter as the need arises.

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A MEMBER REMINDER ON WITHDRAWALS

Before a Withdrawal can be issued, the International Constitution and Local Union By-Laws require that a member has paid all financial obligations to the Union.

WITHDRAWALS will, in future, be issued on request for the following reasons:

1.) if you are LAID OFF 2.) if you TERMINATE YOUR EMPLOYMENT 3.) if you are DISCHARGED 4.) if you are on SICKNESS OR INJURY 5.) if you are on WORKERS' COMPENSATION 6.) if you are on PARENTAL LEAVE 7.) if you are on AUTHORIZED LEAVE OF ABSENCE

It is the sole responsibility of the member to apply for a Withdrawal immediately he or she is to be off work for any of the above reasons. Before the Withdrawal can be issued the member must have paid all dues or other financial obligations including the dues for the month in which the Withdrawal is applied for. The application must be sent within 2 weeks by the member directly to the Union office either in person, by mail, or fax.

The application for a Withdrawal is self-explanatory, but all information needs to be completed.

Please follow this procedure so that you will always be in good standing in the Local Union. Withdrawal application forms are available from your Steward, the Union Office or downloaded online from our website at www.teamsters938.org.

PLEASE REMEMBER APPLYING FOR A WITHDRAWAL IS THE SOLE RESPONSIBILITY OF THE MEMBER.

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