West-Way Taxi Nepean Ltd

COLLECTIVE AGREEMENT

Between

west-way taxi nepean ltd.

and any fleet owner who owns and/or controls more than one taxi license plate

and

NATIONAL AUTOMOBILE, AEROSPACE,
TRANSPORTATION AND GENERAL WORKERS UNION OF
CANADA (CAW-CANADA) AND ITS LOCAL 1688

Effective from: July 29, 2009 to July 28, 2012

Table of Contents

Article Page

article 1: PURPOSE 1

ARTICLE 2: PARTIES TO THE AGREEMENT 1

ARTICLE 3: UNION RECOGNITION 2

ARTICLE 4: MANAGEMENT RIGHTS 2

ARTICLE 5: SOLE AUTHORITY 3

ARTICLE 6: UNION SECURITY 3

ARTICLE 7: CONTRACTING OUT BARGAINING UNIT WORK 4

ARTICLE 8: UNION REPRESENTATION 4

ARTICLE 9: STRIKES, LOCKOUTS, PICKET LINES & LABOUR DISPUTES 6

ARTICLE 10: NON- DISCRIMINATION 6

ARTICLE 11: DRIVER ORIENTATION PROGRAM 6

ARTICLE 12: WORK WEEK 8

ARTICLE 13: PAYMENTS 8

ARTICLE 14: aBSENCE DUE TO ILLNESS 11

ARTICLE 15: TRANSFER OF DRIVERS 12

ARTICLE 16: NOTICE 12

ARTICLE 17: DESCRIPTION OF TAXICAB 13

ARTICLE 18: LOST ARTICLES 15

ARTICLE 19: DRIVER'S DUTIES 15

ARTICLE 20: CUSTOMER CONFLICT 18

ARTICLE 21: PARA TRANSIT SERVICES 19

ARTICLE 22: GENERAL RADIO USAGE 21

ARTICLE 23: BOOKING PROCEDURE 22

ARTICLE 24: TIME ALLOWANCE 23

ARTICLE 25: ACCOUNTABILITY 24

ARTICLE 26: NO-LOADS 24

ARTICLE 27: AREA OF SERVICE 25

ARTICLE 28: TAXI CONCESSIONS 26

ARTICLE 29: TERM OF AGREEMENT 27

ARTICLE 30: FLAGS 27

ARTICLE 31: BIDS & ATTRIBUTES 28

ARTICLE 32: SPECIAL SITUATIONS 29

ARTICLE 33: DISPATCH SERVICES 30

ARTICLE 34: COMMITTEES 31

ARTICLE 35: SAFETY AND HEALTH 31

ARTICLE 36: SPECIAL SERVICES 32

ARTICLE 37: dISCIPLINE AND DISCHARGE 34

ARTICLE 38: NON-COMPETITION 36

ARTICLE 39: GRIEVANCE PROCEDURE 37

ARTICLE 40: ARBITRATION 38

ARTICLE 41: CHARGE ACCOUNTS 39

ARTICLE 42: INSURANCE 39

ARTICLE 43: TAXI PLATE LEASES 40

ARTICLE 45: SENIORITY 42

ARTICLE 46: bEREAVEMENT 43

ARTICLE 47: TIME OFF 43

ARTICLE 48: CREDITS 44

ARTICLE 49: SOCIAL JUSTICE FUND 47

ARTICLE 50: PAID EDUCATION LEAVE 47

APPENDIX I: STANDARD RATES 47

APPENDIX II: ZONE BOUNDARIES 47

APPENDIX III: AIRPORT BACK UP POLICY 48

signatures to the collective agreement 52

COLLECTIVE AGREEMENT

between

west-way taxi nepean ltd.

and any fleet owner who owns and/or controls

more than one taxi license plate

(Hereinafter referred to as the “Company”)

and

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION
AND GENERAL WORKERS UNION OF CANADA
(CAW-CANADA) AND ITS LOCAL 1688

(Hereinafter referred to as the “Union”)

article 1: PURPOSE

1.01 The purpose of this Agreement is to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions for all employees who are subject to the provisions of this Agreement, and to assist in the general delivery of taxicab service to the public in a businesslike manner.

ARTICLE 2: PaRTIES TO THE AGREEMENT

2.01 Between:

National Automobile, Aerospace, Transportation and

General Workers Union of Canada (CAW-Canada) Local 1688

(hereinafter termed the Union)

-and-

West-Way Taxi Nepean Ltd. and any fleet owner who owns and/or

controls more than one taxi license plate

(hereinafter termed the Company)

2.02 Notwithstanding anything herein contained the drivers subject to this Agreement are acknowledged to be employees only for the purpose of this Agreement and the Labour Relations Act of Ontario.

ARTICLE 3: UNION RECOGNITION

3.01 The Company hereby recognizes the Union as the sole and exclusive bargaining agent for all employees of West-Way Taxi Nepean Ltd., operating taxis as single plate owners, lessees, rental drivers in the City of Ottawa, save and except dispatchers and call takers, persons above the rank of dispatchers and call takers, fleet owners and office and clerical staff.

3.02 Clarity Note: The Parties agree that fleet owners are fleet owners who own and/or control more than one taxi license plate.

ARTICLE 4: MANAGEMENT RIGHTS

4.01 The Union acknowledges that it is the exclusive function of the Company to operate and manage its business, to determine its fleet size, to maintain order, to promote, to demote, to discipline and to discharge employees for just cause.

This clause shall not be construed to prevent an individual from becoming a member of the Company through the purchase of taxi plates and /or cars, provided, however, that he shall abide by the terms of this Agreement and be deemed to be a signatory to this Agreement.

4.02 The rights reserved to the Company herein are subject to the other provisions of this Agreement and must be exercised in a manner consistent with them.

4.03 Without limiting the generality of the foregoing provisions, it is expressly understood that a breach of any of the Company's rules or any of the provisions of this Agreement may be deemed to be sufficient cause for discipline up to and including dismissal and it is understood that nothing herein shall deprive the drivers of the right to challenge any penalty through the regular grievance procedure.

4.04 Company owned plates will operate under the Company roof sign so long as the Company dispatch service continues to operate. Where the Company no longer offers such service, all Company owned plates must work under the roof sign as determined by the Company.

4.05 The Company shall have the right to change to a computerized dispatching system provided such system will maintain all dispatching procedures outlined in this Agreement. Should changes to the dispatching procedures become necessary to accommodate the computerized dispatching system, such changes shall be negotiated by the Parties and any disputes resolved through final selection arbitration. In the event that the Company ceases operation of it’s own dispatch system and obtains computerized or any dispatching from another dispatch company, the Union shall not hold the Company responsible for contrary dispatch procedures that are beyond the control of the Company.

4.06 The Company agrees that in exercising its management rights and in administering this Agreement it shall be fair, reasonable and non-discriminatory.

4.07 Rules and regulations shall not be modified or altered without the consent of the Union.

ARTICLE 5: SOLE AUTHORITY

5.01 This Agreement shall be the sole authority governing the relationship between the Company and the drivers. The signing of this Agreement by the Parties will render null and void, any outstanding personal contracts that may have been entered into, between the Company and its drivers, as it relates to this Collective Agreement.

ARTICLE 6: UNION SECURITY

6.01 The Company agrees that for as long as this Agreement remains in force, it is a condition of employment for all present employees, to become and remain union members in good standing, as of the date of ratification of this Agreement and for all new employees to become and remain members in good standing of the Union as of their first day of hire.

6.02 It is the duty of the Company to ensure that each employee's monthly dues and/ or assessments are properly collected and recorded.

6.03 The Company agrees to collect from each and every driver on the first day of each month and remit to the Union, no later than the fifteenth (15th) day of each month, the prevailing union dues or assessments, as set from time to time, by the Union.

6.04 The Company shall, by the twentieth (20th) day of each month submit to the Union, a list of names in alphabetical or car number order, showing all persons paying dues for that month. This list shall include the driver’s addresses, social insurance numbers and telephone numbers. The list must show newly hired drivers have paid their initiation fee.

6.05 The Union agrees to give the Company one (l) month's notice, in writing, of any changes to the prevailing union dues or any assessments.

ARTICLE 7: CONTRACTING OUT BARGAINING UNIT WORK

7.01 Dispatchers and phone jockeys shall not drive. The Company shall be entitled to replace dispatchers with drivers on an emergency basis in order to dispatch on voice in the event of a computer malfunction, or scheduled computer downtime. It is further agreed that the Company shall seek the Union consent on its selected replacement temporary dispatcher. No relative of a driver should be hired as a dispatcher or call taker except on an emergency basis.

7.02 The Company agrees that all requests for service received by the Company from former OC Transpo/Para Transpo, shall be dispatched to the members of the West-Way Taxi Bargaining unit. It is agreed that when there are no available drivers from the Bargaining unit, the Company may distribute Para Account trips to any authorized and eligible drivers, driving under the roof sign of any other company having entered into a Collective Agreement with CAW Canada (the Union).

ARTICLE 8: UNION REPRESENTATION

8.01 The Union shall notify the Company in writing, of the names and positions of the persons authorized to represent the Union and/or the drivers, for the purpose of this Agreement. Further, the Union shall promptly notify the Company in writing, of any changes in these names.

8.02 The members of the Company shall provide to the Union all necessary information relating to the following matters, on a current basis:

Drivers and/or their business agent, with the written consent of that driver, shall have access to any report, complaint or personnel records within three (3) business days, and shall upon request, be supplied with copies of the documents, at no expense. The Company agrees that any information, if found to be inaccurate, will be corrected.

8.03 Upon the Union giving three (3) days notice, the Company will broadcast notice of union meetings across the dispatch system, twice every eight (8) hours with a minimum two (2) hour intervals between broadcasts, during the forty eight (48) hour period immediately preceding the date of the union meeting. Such announcements will not occur more frequently than twice every month.

8.04 A Company provided notice board will be maintained and made available for the posting of messages and communications directly related to union business.

8.05 Leave of absence without fees shall be granted for a period of up to one (1) year to a driver who is engaged in full-time union activity. Such leave of absence shall, upon request, be extended from year to year, to a maximum of three (3) years. During such period of absence, seniority will continue to be maintained.

8.06 Upon written request from the President or The National Representative Agent of the Union, a leave of absence shall be granted to:

(a) Employees for the purpose of attending union functions, including but not limited to conventions, schools, seminars, or other functions, including matters arising from the administration of this Collective Agreement.

(b) Three (3) employees for the purpose of attending contract negotiations meetings with the Company.

(c) Provided that in all instances, the President or Business Agent notifies the Company at least seven (7) days prior to the intended leave, as it applies to (a) and in (b) the setting up of a meeting for negotiations shall be deemed as sufficient.

An employee's seniority will continue to accumulate during a leave of absence and employees will not be charged any fees during this period.

8.07 All taxicabs operating within the bargaining unit may place in the right hand corner of the rear window, without interference from the Company, a Union decal supplied by the Union.

8.08 Union representatives shall be entitled to both distribute Union literature near the Company's place of business during non working and working hours and to leave a reasonable amount of literature for drivers to pick-up at the Company's place of business.

ARTICLE 9: STRIKES, LOCKOUTS, PICKET LINES & LABOUR DISPUTES

9.01 There shall be no strikes or lockouts so long as this Agreement continues to operate.

9.02 Drivers in the bargaining unit shall have the right to refuse to cross a picket line and/or refuse to handle struck work, in connection with a labour dispute.

9.03 Failure to cross a picket line or handle struck work, shall not be considered grounds for disciplinary action or otherwise be a violation of this Agreement.

ARTICLE 10: NON- DISCRIMINATION

10.01 All new drivers, including but not limited to taxicab rental drivers (TRD's), single plate renters (SPR's) and single plate owners (SPO's), and drivers for SPR's and SPO's must first be approved by the Company. This applies to new hires and re-hires of both Company and non-Company owned taxis.

10.02 The Company reserves the right to determine and enforce whether a driver may commence work under the Company roof sign. Such approval shall not be unreasonably withheld.

10.03 The Company shall not discriminate against drivers with respect to terms and conditions of employment, on any of the prohibited grounds named in the Ontario Human Rights Code, or on the grounds of Union activity.

10.04 There shall be equal opportunity regardless of sex, in all facets of the Company's taxi business governed by this Agreement.

10.05 No driver shall be required to retire on the grounds of age.

ARTICLE 11: DRIVER ORIENTATION PROGRAM

11.01 All new drivers and all rehires having been absent for more than one (1) year, must successfully complete the Company's Driver Orientation Program prior to beginning work. Candidates may receive background information about the Program, prior to instruction.

11.02 The Orientation Program will be devised by the Company and the Union. Candidates must pass the test which shall cover, but not be limited to, area knowledge, as well as demonstrate to their instructor their ability to:

(a) Learn and comply with dispatch procedure and Company Policy;

(b) clearly transmit and receive information and instructions over a two-way radio and mobile computer system (if in place);

(c) efficiently carry out instructions received from dispatchers and customers.

11.03 Candidates must complete the Program to the satisfaction of their instructor before they may work under the Company roof sign. Where the instructor deems it necessary, or should the candidate fail any portion of the written test, there shall be a fourteen (14) day waiting period before the prospective driver can re-do the portion of the test/training. However, the prospective driver must re-do the portion of the test/training that he failed within six (6) months of his initial attempt; otherwise he must redo all of the above. The Company agrees to conduct the above test/training twice per month if required.