between: vopak terminals of canada inc. collective

COLLECTIVE AGREEMENT

BETWEEN:

VOPAK TERMINALS OF CANADA INC.

(hereinafter called the 11COmpany 11)

-and-

COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA, and its LOCAL 2003- {Unit 52)

(hereinafter called the 11Union 11)

January 1, 2012 to December 31, 2015

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INDEX

ARTICLE NUMBER PAGE

ARTICLE 1 ·PURPOSE OFAGREEMENT ........................................................... 5

ARTICLE 2 ·SCOPE AND RECOGNITION ......•................................................... 5

ARTICLE 3 • MANAGEMENT RIGHTS ................................................................ 5

ARTICLE 4 - UNION SECURITY ....•..•.•.•....•.•...••.•••..••....•••••.•.••••.•••..•..•.•.....••..•.. 6

ARTICLE 5 • NO STRIKES OR LOCK-OUTS ................................•...................... 7

ARTICLE 6 ·UNION REPRESENTATION ....•...................................................... 7

ARTICLE 7 • GRIEVANCE PROCEDURE ............................................................ 9

ARTICLE 8 • ARBITRATION ..•.........••.•....••..•......••••••..•.•.••••.•.•••..••.••••.••.•.•••••.. 10

ARTICLE 9 - SENIORITY ....••.•.•...•.•.......•...•.....•...•.•..•......•......•••..•..•..•........••. 11

ARTICLE 1 0 - HEALTH AND SAFETY •••..••••••••••••...••••.••.••••••••.••.•.•....•••.••••••••••••• 12

ARTICLE 11 • VACATIONS .•.•..••.•.....•.•..•.••.............................•.....•............•...• 14

ARTICLE 12 • HOLIDAYS ....................•....••.......•.........•.•.•......••....••.....•......•.•. 15

ARTICLE 13 • HOURS OF WORK AND OVERTIME ....•................•......•.•.•.••..•..... 16

ARTICLE 14 - BENEFITS •.••.•..•••..•.••.••.•..•••••.••...•..•.•..•.•..••..•..•••...••...•..•....•...• 18

ARTICLE 15 - BEREAVEMENT LEAVE ••••••.•••••••••••..•.••.••.•••..••.•.•..••.••.•.•..•••••.•.. 19

ARTICLE 16- REPORTING PAY •........•...••••.•••........•......•..•......................••..•.• 19

ARTICLE 17 • STAND·BY/CALL·IN PAY ................................•..•••.•............•••.•.• 20

ARTICLE 18 ·JURY DUTY AND WITNESSPAY ••........................••.••..............•.. 20

ARTICLE 19 ·WAGES AND CLASSIFICATIONS ......••.........•........•...•.•••.•....•...... 21

ARTICLE 20 • CASUALS ...•...............•......•....•...••....................•....•••.•....•........ 22

ARTICLE 21 ·UNION/MANAGEMENT CONSULTATION ....•............•••..•.............• 22

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ARTICLE 22- SEVERANCE ........................................................................... 22

ARTICLE 23- DURATION .............................................................................. 23

APPENDIX 11 A 11

BENEFIT PLAN ................................................................................... 24

APPENDIX II A-2 11

SUPPLEMENTAL UNEMPLOYMENT BENEFITS (SUB) PLAN .................... 25

APPENDIX 11 B 11

POLICIES ....................................................... I •••••••••••••••••••••••••••••• I. I .27

SAFETY RECOGNITION PROGRAM .......................................... 28

EDUCATIONAL ASSISTANCE ................................................... 30

PENSION PLAN ...................................................................... 32

PERSONAL PROTECTIVE EQUIPMENT ..................................... 35

WORK CLOTHES .................................................................... 36

APPENDIX ucu

SENIOR OPERATOR POSITION QUALIFICATIONS .................................. 37

SENIOR TERMINAL OPERATOR, MAINTENANCE TASKS& RESPONSIBILITIES ............................................................... 38

APPENDIX non

EXCESS WEEKLY HOURS OF WORK .................................................... 40

LETTER OF UNDERSTANDING # 1

Re: Short-Term Illness and Supplement to El Benefits- Article 14.03 ........ 41


Re: Operator Maintenance Position, Article 19.01 (iii) ................................... 42

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LETTER OF UNDERSTANDING# 3

Re: Stewards Training ................................................................................. 43


Re: Sick Days, Calculating Overtime ..................................................... 44


Re: Labour Management Committee .............................................................. 45

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ARTICLE 1 PURPOSE OF AGREEMENT

1.01 The purpose of this Agreement is to provide orderly collective bargaining relations between the Company and its employees covered by this Agreement through the Union regarding wages and working conditions for employees.

ARTICLE 2 SCOPE AND RECOGNITION

2.01 The Company recognizes the Union as the sole and exclusive bargaining agent of all employees of the Company in the city of Hamilton, save and except Operations Supervisor, persons above the rank of Operations Supervisor, office and clerical staff (office and clerical staff includes scale persons and janitor/scale operator).

2.02 Words imparting the masculine gender shall include the feminine.

ARTICLE 3 MANAGEMENT RIGHTS

3.01 The Company is in the business of receiving, storing and loading bulk liquid commodities such as petroleum products, chemicals and oils for its customers. The Company has no control over when these products arrive at its facility as they are delivered by pipeline, ship, rail and truck transport at any time of the day and any day of the week. The Union and the employees recognize the need for the Company to conduct its business in an efficient manner having regard to the nature of its business.

3.02 The Union recognizes and acknowledges that the management of the operation and the direction of the working forces are fixed exclusively in the Company, and that the rights of the Company as they existed prior to the Union obtaining rights for the employees continue to exist, except as limited by this Agreement, and without limiting the said rights of the Company, the Union acknowledges that it is the exclusive function of the Company to:

(a) maintain order, discipline and efficiency and in connection therewith to make, alter and enforce from time to time reasonable rules and regulations, policies and practices to be observed by the employees; discipline or discharge employees for just cause (subject to Article 9.01 which provides for discharge of a probationary employee on a lesser standard than just cause), provided that a claim for unjust

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discipline or discharge of an employee may be the subject matter of a grievance;

(b) select, hire, retire, transfer, assign to shifts, schedule vacations, promote, demote, classify, lay off or recall employees, and select employees for positions excluded from the bargaining unit;

(c) require employees to provide medical reports of medical examinations from the employee's doctors when the Company has reasonable justification for requiring such medical reports; in the event such examinations are not paid under applicable Ontario medical coverage, the Company shall be responsible for the doctor's charges;

(d) to operate and manage the operation in any manner in order to satisfy its commitments and responsibilities; determine the location of operations, their expansion, curtailment or discontinuance; the subcontracting of work, schedules of operations, the number of shifts, job content, quality and quantity standards; the qualifications of employees to perform any job; the nature of any equipment and machinery; change or discontinue existing equipment, machinery, methods or processes; decide on the number of employees needed by the Company at any time; number of hours to be worked; and starting and quitting times; and,

(e) have the sole and exclusive jurisdiction over all operations, buildings, machinery, equipment and employees.

(f) The Company is committed to safe operating practices and will keep staffing levels sufficient for safe operations.

3.03 The Company agrees that it will not exercise its management rights in a manner inconsistent with the provisions of this Agreement.

ARTICLE 4 UNION SECURITY

4.01 (a) All employees covered by this Agreement shall as a condition of employment authorize the Company to deduct the regular monthly Union dues commencing with the employee's first pay period.

(b) All employees to whom this Agreement applies shall be required to join the Union.

4.02 The Company agrees to deduct regular monthly Union dues as certified by the Union to be currently in effect according to the Constitution and By-laws of the Union from the wages of each employee on the first payday of each

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month and to remit the amount so deducted to the Union Financial Secretary with a list of the applicable employee names, no later than the last day of the month in which such dues are deducted.

4.03 Upon presentation of a duly signed application for a Union membership card, the Company agrees to deduct the amount of the Union initiation fee from the wages of the respective employee and to remit such amount to the Union not later than the last day of the month. The current Union initiation fees are twenty-five dollars ($25.00), but may be amended as required by the Union.

4.04 The Union will indemnify the Company and save it harmless from any and all claims or demands which are made to it by any employee as a result of any action taken by the Company pursuant to the provisions of this Article.

Union dues deduction receipts for income tax purposes will be issued by the Company on the employee's yearly T-4 slip.

ARTICLE 5 NO STRIKES OR LOCK-OUTS

5.01 The Union agrees that there will be no strikes or other collective action which will stop or interfere with the operation of the Company during the life of this Agreement and the Company agrees that it will not cause or direct any lockout of the employees during the life of this Agreement.

The terms .. strike .. and .. lockout .. shall be as defined in the Ontario Labour Relations Act.

ARTICLE 6 UNION REPRESENTATION

6.01 The Company recognizes one (1) Steward who shall be chosen from employees who have acquired seniority under this Agreement. The Union shall notify the Company in writing of the name of such Steward and the alternate at the time of their appointment. The alternate Steward will function in the absence of the Steward.

6.02 It is recognized that the Stewards have their regular work to perform. The Steward may, however, after obtaining the prior permission of the foreperson, take time to attend meetings with management. All such activities shall take place on the Company's premises, or on another site arranged by the Company and only after permission has been granted by the Operations Supervisor. Such permission shall not be unreasonably withheld.

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In the case of negotiations towards a renewal of this Agreement, the Company agrees to recognize a two (2) member bargaining committee from within the bargaining unit. Stewards and members of the bargaining committee shall not suffer loss of pay for attending such meetings during their regularly scheduled shifts. It is understood that no more than two (2) members of the bargaining unit will be scheduled to be on Union business on Company time at the same time.

6.03 Subject to the prior approval of the Company, which approval shall be sought at least two weeks in advance, leave of absence without pay but without loss of seniority may be granted to an employee for the purpose of attending authorized Union functions. Only one employee shall be absent on such leave at any time and the total aggregate days granted for such leave or leaves shall not exceed six (6) days in any twelve (12) month period.

6.04 The Company agrees to provide each employee with a copy of this Agreement.

6.05 (a) No employee, subject to Article 9.01 regarding probationary employees, shall be disciplined or discharged without just cause.

(b) When an employee is to be dismissed and the circumstances permit, the employee shall be allowed to meet with the Steward for a reasonable period of time at a time convenient to the Company before the employee leaves the Company's premises.

(c) A claim by an employee that he has been unjustly discharged shall be treated as a grievance beginning at Step 2 provided such claim is lodged with the Company no later than five (5) working days following the employee's discharge.

(d) When the Company suspends or discharges an employee and a Steward is on the Company's premises at the time, the Steward will be present unless the employee objects to the Steward's presence. When the Steward is not present the Company agrees to notify the Union of the action taken

(e) An employee who is discipline free for a period of twelve (12) consecutive months shall have all disciplinary notations removed from his file except for notations of suspension which will remain on the employee's file until a period of twenty-one (21) consecutive disciplinary free months have elapsed.

6.06 The Company shall supply a bulletin board for bargaining unit notices relating to the Union's legitimate business.

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6.07 The Company agrees that it will make every effort to ensure that work normally performed by members of the bargaining unit is not performed by non-bargaining unit personnel including contractors in an effort to avoid overtime, especially in the case of weekend work when bargaining unit employees are on-call.

Failure of the Company to adhere to this provision shall result in the Company having to pay a penalty equal in value to a minimum call-in as provided for in article 17 .02. Should the hours worked by contractors or non-bargaining unit personnel exceed the minimum call-in period, then the penalty shall be the payment of a full shift at double time (2X). Such payment shall be made to the employee who has the least number of overtime hours recorded on the day of the occurrence.

ARTICLE 7 GRIEVANCE PROCEDURE

7.01

STEP 1:

STEP 2:

A grievance may arise only from a dispute concerning the interpretation, application, administration, or alleged violation of this Agreement. The reason(s) for a grievance and the remedy sought and an indication of the provision(s) of this Agreement alleged to have been violated shall be submitted in writing within the mandatory time limits provided herein and shall be signed by the employee and a Steward. An earnest effort will be made on the part of both parties to settle the dispute promptly.

Failing a satisfactory settlement of a grievance through oral discussion with the Operations Supervisor, an employee alone or with the assistance of his Steward or Alternate shall present a grievance in writing to the Operations Supervisor within five (5) working days of when the matter came to or ought to have come to the attention of the employee concerned. A meeting shall then be arranged within five (5) working days with the employee and his Steward or Alternate and the Operations Supervisor and such other management representative as may be appropriate. The decision by the Company following this meeting shall be given in writing within five (5) working days of the meeting.

If a satisfactory resolution of the grievance is not reached with the Operations Supervisor, then the matter may be appealed to the Operations Manager or his designate within five (5) working days of the delivery of the decision of the foreperson. A meeting shall then be arranged within five (5) working days of the appeal between a designated representative of the Union and the Operations Manager or his designate together with such additional persons as the parties may deem appropriate. The decision of the Operations Manager or his designate shall be rendered in writing within five (5) working days of the meeting and failing settlement, the Union may within

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twenty (20) working days of such decision (but not thereafter) refer the matter to arbitration as hereinafter provided.

7.02 Either the Union or the Company shall have the right to file a written grievance regarding the interpretation, application or administration of this Agreement at Step #2 of the grievance procedure. No grievance shall be filed under this section which could be filed by an individual employee.

7.03 An employee who claims that he has been wrongfully discharged may lodge a grievance within five (5) working days after the actual discharge and such grievance shall be taken up at Step #2 of the grievance procedure.

7.04 The time limits are mandatory under the grievance and arbitration procedures but may be waived where mutually agreed in writing. Working days shall not include holidays, Saturdays or Sundays.

7.05 Any grievance which is not commenced (or processed through the next stage of the grievance or arbitration procedure) within the time specified shall be deemed to have been abandoned.

ARTICLE 8 ARBITRATION

8.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether an allegation is made that this Agreement has been violated, either party may, after exhausting the grievance procedure established by this Agreement, notify the other in writing of its desire to submit the grievance to arbitration. The party wishing to refer a grievance to arbitration must do so within twenty (20) working days (but not thereafter unless mutually agreed upon) of the answer at Step 2 of the grievance procedure.

8.02 The Arbitrator shall be selected by the parties from the list of approved arbitrators as determined by the Ontario Ministry of Labour. Should the parties be unable to mutually agree on an Arbitrator after fifteen (15) calendar days since notice as required in 8.01 was given, either party is entitled to request the appointment of an Arbitrator by the Office of Arbitration, of the Ministry of Labour. The Arbitrator shall hear and determine the grievance and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it.

8.03 Each of the parties hereto will jointly share the fees and expenses of the Arbitrator, if any.

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ARTICLE 9 SENIORITY

9.01 Newly hired employees shall serve a probationary period of one hundred and eighty (180) days. Upon completion of the probationary period, a new employee shall have his seniority dated back to the first day worked from the most recent date of hire. A probationary employee may be discharged where in the opinion of the Company any of the employee's performance, conduct, ability, attendance or ability to get along with other employees or supervisors appears unsatisfactory providing that in making such evaluation the Company does so in good faith.

9.02 Seniority, as referred to in this Article, shall mean length of continuous service in the bargaining unit.

9.03 The Company will maintain a seniority list showing the date upon which each employee's seniority commenced. The Company will supply the Union with an up-to-date copy of the seniority list once a year.

9.04 When reducing the work force, the employee having the least seniority in the bargaining unit shall be laid off first provided that the remaining employees are able to efficiently and without training perform the work to be done at the Company's facility. However, employees shall be allowed up to a five (5) day orientation period to demonstrate that they can perform the work to be done. Subject to this same qualification, recalls to work following layoff shall be in the reverse order of the layoff.

9.05 An employee will lose his seniority and will be deemed to have terminated his employment for any of the following reasons:

(a) if he quits;

(b) if he is discharged and such discharge is not reversed through the grievance and arbitration procedure;

(c) if the employee has been laid off for a period of twenty-four (24) months. Recall rights shall not exceed twenty-four (24) months;

(d) if the employee is absent from work for a period of three (3) consecutive scheduled working days or more where the Company has not agreed to the absence and the employee fails to notify the Company within the three (3) days of the absence with the reasons for the absence, which must be valid and reasonable; or

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9.06 When recalling an employee from layoff, he shall be notified by telephone and registered mail. If the employee does not contact the Company within five (5) working days from the date registered mail is delivered by the postal service (regardless of the date in which the employee actually receives the letter) and telephone call attempted to make arrangements to report to work, the employee shall be deemed to have quit and abandoned his job. In no circumstances will the return to work date extend beyond ten (1 0) working days from the date the registered mail is sent or the phone call attempted. It shall be the employee's responsibility to keep the Company notified as to any change of his address or telephone number so that the Company records will be up-to-date at all times.

9.07 Employees promoted to supervisory positions not covered by this Agreement shall retain, but shall not accrue, seniority for a period of up to twelve (12) months after promotion if transferred back into the bargaining unit within that period.

ARTICLE 10 HEALTH AND SAFETY

1 0.01 The Company and the Union agree to promote the health and safety of all employees at the workplace. The Company agrees to take all reasonable precautions for the safety of its employees during working hours and the employees will comply with all Company safety requirements.

1 0.02 The Company agrees that the Union has the right to choose two (2) employees to sit on the Joint Health and Safety Committee. Further, the Company agrees to pay these employees their regular rate or premium rate, whichever is applicable, for time spent during their scheduled working hours, carrying out their duties as members of this Committee, and for the time spent attending Committee meetings. The Company will ensure that the two (2) employee representatives on the Joint Health & Safety (JHS) Committee are Core Certified after their appointment to the JHS committee. The Committee can conduct Health and Safety meetings with only one (1) of the employee representatives in attendance.

1 0.03 The Company will continue its practice of providing suitable summer and winter work wear including the provision of safety shoes. The Company will reimburse the cost of safety shoes up to a maximum of two hundred and twenty dollars ($220.00) per calendar year to each employee. Effective January 1, 2014 the maximum shall be increased to two hundred and thirty dollars ($230.00) per calendar year. Furthermore, the Company will replace the employees' safety shoes in case the shoes are destroyed at work.

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10.04 The Company will allow employees up to ten (1 0) minutes paid time to shower and change at the end of their shift.

1 0.05 Employees shall refrain from smoking on the Companyls premises except in designated smoking areas.

1 0.06 The Company will reimburse non-probationary employees who require a prescription and who require safety glasses up to three hundred and seventy-five dollars ($375.00) every twenty-four (24) months for the purchase of safety glasses. Effective January 1, 2013 the maximum coverage shall be increased to three hundred and eighty dollars ($380.00). Effective January 1, 2014 the maximum coverage shall be increased to three hundred and eighty-five dollars ($385.00). Effective January 1, 2015 the maximum coverage shall be increased to three hundred and ninety dollars ($390.00). The employee must ensure that these types of safety glasses are equipped with side safety shields.

A non-probationary employee may utilize this benefit for the purchase of nonsafety prescription eyewear for themselves or a member of the employeels immediate family up to the same bi-yearly maximum of three hundred and seventy-five dollars ($375.00). Effective January 1, 2013 the maximum coverage shall be increased to three hundred and eighty dollars ($380.00). Effective January 1, 2014 the maximum coverage shall be increased to three hundred and eighty-five dollars ($385.00). Effective January 1, 2015 the maximum coverage shall be increased to three hundred and ninety dollars ($390.00).

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ARTICLE 11 VACATIONS

11.01 Subject to the conditions below, employees shall be entitled to the following vacation entitlements:

Length of Service Vacation Entitlement

Less than one ( 1 ) full year One ( 1) day off per full month of employment to of service as at April 30 of a maximum of 1 0 days with pay equal to 4% of the current year. gross pay received during the reference period.

One (1) to four (4) full years Two (2) weeks with 4% of gross pay received of service as at April 30 of during the reference period. the current year.

More than four (4) up to ten Two (2) weeks with 4% of gross pay received (1 0) full years of service as during the reference period plus (1) one week at April 30 of the current at the regular hourly earnings provided or 2% of year. gross earnings for each vacation week,

whichever is greater.

More than ten (1 0) up to Two (2) weeks with 4% of gross pay received twenty (20) years of service during the reference period plus (2) two weeks as at April 30 of the current at the regular hourly earnings or 2% of gross year. earnings for each vacation week, whichever is

greater.

More than twenty (20) full Two (2) weeks with 4% gross pay received years of service as at April during the reference period plus three (3) 30 of the current year. weeks at the regular hourly earnings or 2% of

gross earnings for each vacation week, whichever is greater.

11.02 (a) The .,reference period., means the vacation year and is the period between May 1 of the preceding year and April 30 of the current year; i.e., the reference period for the vacation period starting May 1, 2005 is the period May 1, 2005 to April 30, 2006.

(b) An employee who commenced employment on April 20 of a reference year will have completed one full year of employment by April 30 of the following year. An employee who commenced employment on May 10 of

the reference year will not have completed a full year of employment by April 30 of the following year.

(c) Only two (2) employees may be absent on vacation at any one time. Employees shall be granted vacation time by seniority. Vacations will be bid no later than March 31 in any year and vacations scheduled may only be changed provided that they do not interfere with vacations selected by other employees. Employees who do not schedule their vacations with the Company by the end of March in any year must provide the Company with two (2) weeks' notice of their vacation request except in case of an emergency, as determined by the Company.

(d) When an employee's scheduled vacation day coincides with a paid statutory holiday or another day established by statute or decreed by the Company for its observance, such vacation day shall be taken on a day mutually agreeable to the Company and the employee.

(e) Employees will receive vacation pay immediately prior to their going on vacation provided that the Company has had two weeks' prior notice of the vacation.

ARTICLE 12 HOLIDAYS

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12.01 Eligible full-time employees shall be paid eight (8) hours' pay at their regular standard hourly rate of pay for the following holidays, subject to the terms and conditions provided below:

New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day Two (2) Floating Holidays

All floating holidays shall be taken at a time that is mutually agreeable to the Company and the employee.

12.02 An employee shall be eligible for holiday pay unless he fails, without reasonable cause, to work all of his last regularly scheduled day of work before the holiday or all of his first regularly scheduled day of work after the holiday.

12.03 Employees required by the Company to work on a holiday (except for Christmas) shall be paid double time (2X) for hours worked plus holiday pay.

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Employees required to work on Christmas Day shall be paid triple (3X) their normal hourly rate for all hours worked plus holiday pay.

12.04 If a holiday falls on a Saturday or Sunday and another day is established by statute or decreed by the Company for its observance, it shall be deemed to be the holiday for the purpose of this Agreement.

ARTICLE 13 HOURS OF WORK AND OVERTIME

13.01 (a) Employees' normal hours of work shall be eight (8) hours per day, Monday to Friday. Employees shall, subject to operational requirements, be provided with two fifteen (15) minute paid rest periods, one in the first half and the other in the second half of their shift. A paid thirty (30) minute lunch break shall be provided during the course of the day shift, as close as possible to the middle of the shift. The afternoon shift and the night shift will include two fifteen ( 15) minute paid rest periods, one in the first half and the other in the second half of their shift, plus a paid thirty (30) minute lunch break, to be taken as close as possible to the middle of the shift.

(b) The Company will post work schedules for all employees at least four (4) weeks in advance. The Company agrees to provide at least three (3) days' notice of any change in an employee's work schedule. Should the Company not provide the three (3) days' notice, the Company shall pay the employee affected at the rate of time and one-half (1 Y2 X) for the first shift worked of the amended schedule.

13.02 (a) Overtime will be offered to the qualified employee with the lowest number of overtime hours worked in the month.

(b) If there are no employees able to work overtime on a voluntary basis, the Company has the right to assign overtime hours to the employee with the lowest number of overtime hours worked in the contract year.

(c) Scheduling of overtime hours shall be in accordance to APPENDIX "D" of the Agreement.

(d) Overtime will be paid at the rate of double time (2X) for all hours worked in excess of eight (8) hours in a day and forty (40) in a week.

(e) Employees have a choice of banking hours worked for lieu time at the rate of time and one-half (1 Y2x) for all hours worked in excess of forty-eight (48) in a week; lieu time can be banked to a maximum of 80 hours and any time beyond that will be paid at the appropriate rate.

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13.03 Notwithstanding Article 13.01, should business considerations and customer demand lead the Company to amend the current method of shift scheduling, the Company agrees to notify the Union of its intentions, as far as is practicable before the proposed schedule change. It is agreed that the parties shall meet and bargain the shift change and its impact on the members of the bargaining unit, including issues with respect to hours of work, shift, and weekend premium pay. Failing an agreement between the parties, it is agreed that the Company may institute a change to the shift schedule and that all unresolved issues may be submitted to binding arbitration pursuant to Article 8 of this Agreement.

13.04 The Company shall pay employees who are scheduled and work the afternoon and evening shifts the following premiums. These premiums shall not be pyramided with overtime premiums.

Afternoon Night

January 1, 2012 $0.80/hour worked $1.15/hour worked

January 1, 2014 $0.85/hour worked $1.20/hour worked

13.05 The Company agrees to distribute overtime opportunities as equitably as is reasonably possible having regard to the efficiency of the Company's operations and the uncertainty of the time of delivery to the Company of its customers products.

The Company will maintain an accurate overtime log that will be available for viewing by all employees at any time. The Company will record the number of hours worked by each employee in the log daily. The Company will distribute available overtime as equally as possible on a daily basis. The log will be reset monthly but will track a year to date total of overtime hours worked by each employee.

13.06 Employees may mutually exchange shifts provided that there is no additional cost to the Company. The employees must seek approval from the Company prior to the mutual exchange but the employees' request will not be unreasonably denied.

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ARTICLE 14 BENEFITS

14.01 The Company shall continue to pay a portion of the premium cost of the group health insurance plan as outlined in Appendix "A" of this Agreement and in the employee benefit booklet, and employees will continue to pay their portion of the premium cost of this plan. The Company's only obligation in regard to the group health insurance plan shall be to pay its portion of the premium cost.

In addition, the Company shall pay to each employee a cash payment of forty dollars ($40.00), without deduction each year of the Collective Agreement.

14.02 Employees shall continue to pay the full cost of life insurance and accidental death/dismemberment insurance for themselves and their dependants. The Company shall have no obligation in regard to such insurance.

14.03 The Company agrees to pay employees if they are unable to work due to a temporary illness or non-occupational injury. Employees will be paid for sick days at 100% of their base wage multiplied by eight (8) hours for each day that they are unable to perform their normal duties. Where an employee is absent for three (3) or more consecutive working days, payment of wages for sick days may be subject to medical evidence indicating the nature and duration of the employee's illness or injury. Sick days will be paid by the Company to a maximum of six (6) sick days per calendar year. Employees must have completed their probationary period to be eligible. At the end of the calendar year, unused sick days will be banked for future use, to a maximum of 12 days.

In the event that an employee becomes ill or otherwise becomes qualified for Employment Insurance Sick Pay benefits, the Company agrees, upon receiving proof of the employees' entitlement to El benefits, to supplement his income to eighty percent (80%} of his regular weekly income in accordance with the Supplemental Unemployment Benefits Plan attached to this Agreement as Appendix A-2.

14.04 The Company agrees to provide the employees of the bargaining unit other benefits which are offered to other Company employees. Unless specifically covered by the Collective Agreement, these benefits shall be subject to the corporate policies that are associated with these benefits. Changes to these policies and benefits will be at the discretion of the Company, provided such changes will not reduce the level of benefits during the life of this Agreement, as it affects the members of the bargaining unit. A copy of the Company policies is included as Appendix "8". These other benefits shall include:

(i) Educational Assistance Program

(ii) Employee Pension Plan, including Voluntary Group RASP

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(iii) Safety Recognition Program

(iv) Work Clothes and Laundry Service

(v) Personal Protective Equipment, including prescription safety glasses

ARTICLE 15 BEREAVEMENT LEAVE

15.01 (a) In case of a death in the immediate family of an employee, the Company shall grant leave of absence with pay, not to exceed three (3) days at the employee's normal straight time hourly rate, where it is necessary for the employee to miss his regularly scheduled shifts for the purpose of attending the funeral and making funeral arrangements.

(b) Immediate family means: mother, father, brother, sister, guardian, grandchildren, stepparent, stepbrother, stepsister, grandparent, mother-inlaw, father-in-law, sister-in-law and brother-in-law.

(c) In case of a death of a spouse, child or step-child of an employee, the Company shall grant a leave of absence with pay not to exceed five (5) days.

ARTICLE 16 REPORTING PAY

16.01 Employees who report for work at their regular starting time and for whom no work is provided shall be paid four (4) hours' pay at their regular straight time hourly rate. This provision shall not apply where the Company notifies the employee prior to the commencement of his shift not to report; nor shall this provision apply where the Company decides not to make work available due to mechanical failures, acts of God or unforeseen circumstances. The Company will attempt to notify employees before they report in, in any event.

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ARTICLE 17 STAND-BY/CALL-IN PAY

17.01 The Company shall assign employees to be on call for unscheduled work. When an employee is so assigned he shall be provided with a pager and he shall be paid an hourly on-call premium for each day that he is assigned to be on call, regardless of whether other employees are working at the Terminal, as follows:

Effective date Per hour on-call

January 1, 2011 $2.35

The Company shall use its best efforts to offer the on call work to the same employee in any given period of one week. An employee who does not answer a page is not paid the premium for the period he is required to carry the pager unless the page was not answered because it was not delivered to the employee.

17.02 An employee who is called in and who reports for work as directed by the Company shall receive a minimum of four {4) hours' pay at time and one-half (1 Y:!x) the regular straight time hourly rate. For calculation purposes of double time (2x) eligibility, a call in is counted as one (1) hour worked unless the employee punches his time card in and out, demonstrating that more than one hour was actually worked and the type of work done. An employee who is called in shall continue to be paid the on-call premium provided for in 17.01.

ARTICLE 18 JURY DUTY AND WITNESS PAY

18.01 The Company shall pay an employee who is required to serve as a juror in a court of law the difference between the pay he receives as a juror and the pay the employee would have been paid if he had worked his regularly scheduled hours {to a maximum of eight [8] hours per day).

18.02 The Company shall not reimburse any employee for more than thirty (30) days' pay. Employees are required to return to work each day after being excused from jury

duty if more than three (3) hours remain in the employee's scheduled shift (except where the employee is scheduled on afternoon or night shift). The employee may be required to present written proof of the amount of jury duty pay he received and verification that he was required and did serve as a juror.

18.03 The Company shall pay an employee who is subpoenaed to appear as a witness in a Crown or civil proceeding the difference between the pay he receives as a witness and the pay the employee would have been paid if he had worked his regularly

21

scheduled hours, to a maximum of eight [8] hours per day and a maximum of three (3) days per proceeding.

18.04 For the purposes of clarity, all payments received by an employee as a juror or witness are net of reimbursed expenses.

ARTICLE 19 WAGES AND CLASSIFICATIONS

19.01 The Company agrees that employees employed in the bargaining unit will be paid as follows:

Effective Entry Terminal Senior Senior Terminal Operator date Level Operator Operator Maintenance

Jan.1,2012 $18.11 $24.35 $24.97 $27.46

Jan.1,2013 $18.52 $24.90 $25.53 $28.08

Jan.1,2014 $18.98 $25.52 $26.17 $28.78

Jan.1,2015 $19.59 $26.34 $27.01 $29.70

(i) Entry level operators: all employees will be considered as Entry Level Operators during their six (6) month probationary period.

(ii) Terminal Operators: employees having completed their probationary period but with less than four (4) years seniority shall be Terminal Operators

(iii) Senior Operators: employees having four (4) years of experience, who are knowledgeable with all areas of the plant and who satisfy the Position Qualifications as outlined in Appendix "C", will be promoted to Senior Operators.

(iv) Lead Hands: employees who have demonstrated a superior knowledge of the plant operations and leadership capabilities and who have been promoted to the position of Lead Hand.

22

ARTICLE 20 CASUALS

20.01 The Company may employ casual employees provided that the aggregate number of hours per month worked by casuals shall be no more than 300 hours (unless otherwise agreed by the Company and the Union). Casuals shall only be used to cover for any employee vacations, sick days or overtime refusal.

For casual employee scheduling purposes:

The Company will make best efforts to advise full-time employees of overtime opportunities as early as possible prior to the time the work is scheduled to be done. If notice is provided to the employee no less than seventy-two (72) hours before the scheduled work, the employee shall provide a response to the Company within forty-eight (48) hours of the scheduled overtime. For weekend overtime with at least seventy-two (72) hours notice, Employees shall respond to the Company by the preceding Thursday at 7:00am. If employees do not respond to the Company by aforementioned times, the Company shall have the right to utilize casual employees. If the Company is unable to provide reasonable notice due to the needs of the business, the Company shall be able to utilize casuals should a full-time employee be unavailable to perform the work.

20.02 Casuals shall be paid at a rate equal to that of an Entry Level Operator as per Article 19.01. No standard hours of work shall apply, nor shall casuals be entitled to any benefits under this Agreement. In all other respects casual employees will be regarded as having the same status, rights and privileges as an employee on permanent probation. Paid holidays and vacation entitlements shall be as provided for under the Employment Standards Act.

ARTICLE 21 UNION/MANAGEMENT CONSULTATION

21.01 At the request of either party, the parties will meet every four (4) months for the purpose of discussing issues related to the workplace which affect the parties. The meetings will include attendance by a Company representative, the Union Business Agent and a Steward. An agenda will be set and submitted in writing at least one (1) week before any such meeting to both parties. The issues discussed at the meeting shall be limited to the agenda items unless the parties mutually otherwise agree.

ARTICLE 22 SEVERANCE

22.01 Severance pay will be paid in accordance with ESA, 2000 except that the "2.5 million dollar'' employer payroll condition is waived.

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ARTICLE 23 DURATION

23.01 This Agreement shall be effective from January 1, 2012 until December 31, 2015 and shall be continued in effect from year to year thereafter unless either party gives notice to the other party in writing at least thirty (30) days prior to but not more than ninety (90) days prior to the expiry of this Agreement or a renewal of this Agreement with respect to its desire to terminate or amend the Agreement.

. A //A . DATED AT HAMIL TON, ONTARIO, this/() day of---L..Ltfo-7--!-l'"_,_r___._l ____ , 2012.

FOR THE COMPANY FOR THE UNION

24

APPENDIX II A"


BENEFIT PLAN

All employees of Vopak Terminals of Canada Inc. shall be entitled to receive benefits as described in the benefits booklet "Your Group Benefits Plan" Vopak Terminals of Canada Inc. The details will be governed by the Sun Life contract number 55164, effective September 1 , 1996. A summary of benefit entitlement is set out below:

Life Insurance:

Dependant Life:

AD&D:

Long Term Disability:

Medical Benefits:

Dental:

2X regular salary; 1 00% employee paid

$5,000.00 spouse, $2,000.00 child; 100% employee paid

2X regular salary; 1 00% employee paid

66 2/3% of regular salary; 1 00% employer paid

Hospital, extended health, prescription drugs (20% employee paid deductible), out of province expenses, emergency travel; 80% employer paid ($50 deductible employee paid)

Basic dental, preventative, X-rays, endodontics, oral surgery, crowns, dentures, oral surgery; 80% employer paid ($25 deductible employee paid -maximum $2,000.00 in coverage any benefit year)

The Union agrees that changes may be implemented to this program during the life of this Agreement.

The Company agrees that such changes will not reduce the level of benefits during the life of this Agreement.

Between:

APPENDIX "A-2"

MEMORANDUM OF AGREEMENT


-and-

COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA, LOCAL 2003-(CEP LOCAL 2003)

SUPPLEMENTAL UNEMPLOYMENT BENEFITS (SUB) PLAN

25

(the Company)

(the Union)

1 . This Plan covers any period of unemployment by reason of illness, injury, quarantine or any combination of such reasons.

2. Employees who have applied for and are in receipt of employment insurance benefits for any reason in paragraph 2 above shall be entitled to Supplemental Unemployment Benefits for all weeks that the employee receives such employment insurance benefits.

3. The Company will supplement an employee's salary up to 80% of their weekly earnings but the Company's contribution will not exceed 25% should the El benefits be reduced from the current rate of 55%.

4. Employees have no vested rights to payments under the Plan except during a period of unemployment for reasons specified in paragraph 2 above and except if they meet the qualifications in paragraph 3 above.

5. Supplemental Unemployment Benefits shall be financed by the Company and separate accounts of such payments shall be kept.

6. Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the Plan.

7. On termination of this Agreement, all remaining assets of the Plan revert to the Company.

26

This Agreement becomes effective upon its submission to the Employment Insurance Commission and the parties agree that the Agreement will be so submitted on the signing date of this Agreement.

~ DATED AT HAMILTON, ONTARIO, this /o day of 11,?1 .. ( '2012.


27

APPENDIX ueu


POLICIES

(i) Educational Assistance Program

(ii) Employee Pension Plan (including Voluntary Group RASP)

(iii) Safety Recognition Program

(iv) Work Clothes and Laundry Service

(v) Personal Protective Equipment (including prescription safety glasses)


POLICIES MANUAL Policy:

Section: BENEFITS

SAFETY RECOGNITION PROGRAM

Date issued:November 1998

Date revised:

SAFETY RECOGNITION PROGRAM

POLICY

28

It is the policy of Vopak Terminals of Canada Inc. to provide a progressive safety recognition program which will encourage all employees to perform their jobs in a safe manner. This program is designed to reward employees individually and collectively for their accident free work records.

PROCEDURE

1. Individual Recognition Awards

At the end of each six month period during a calendar year all permanent, full-time employees who work accident free for that period will be given a safety recognition award from the company. Accident free means no job related injuries or illnesses requiring treatment by an outside medical facility. Employees who incur a disqualifying accident must wait until the beginning of the next 6 month period to start re-qualifying for the award lost the previous period.

A newly hired permanent, full-time employee will not become eligible for a safety recognition award until he/she completes the full six month period following the one in which they began their employment. The new employee will be entitled to the first safety award given during the calendar year in which they were hired; awards will be presented during the month following the end of each six month period

2. Safety Luncheons

In recognition of a facility working an extended period of time without a serious disabling injury all employees at the facility will be treated to a safety luncheon provided at company expense. The frequency of these luncheons will be based on the number of full-time, permanent employees assigned to the facility as follows:

29

Employees Frequency

50 or more Quarterly

Less than 50 2 per year

Managers will consider the timing of these luncheons in such a manner as to have them coincide with awarding individual safety recognition awards.

3. Hard Hat Stickers

All employees assigned to work in operations, maintenance warehouses or laboratories will be issued a safety sticker for their hard hat if they complete a calendar year without a medically treatable accident. An employee must work a minimum of 1 000 hours in a calendar year to be eligible for a sticker for that year. Each additional year an employee works accident free they will receive a new sticker recognizing their good record.

The intent of this program is to keep employees excited and interested in their Individual safety by instituting an incentive award system that has an impact throughout the year. Local facility managers will be responsible for keeping appropriate records and informing corporate employee relations of the number and type of awards and stickers to be issued to the employees at their location.

30

VOPAK TERMINALS OF CANADA INC. Section: Policy:

BENEFITS POLICIES MANUAL EDUCATIONAL ASSISTANCE

Date issued November 1998

Date revised:

EDUCATIONAL ASSISTANCE

POLICY

The company will refund the cost of tuition and fees to employees who satisfactorily complete the approved course(s) of instruction.

PROCEDURE

1. The Terminal Manager will be responsible for the coordination and administration of the program. Application forms are available through the Office Manager.

2. In advance of registration, the employee should complete an uApplication for Tuition Refund" (see attachment) and submit it to his/her supervisor for management approval.

3. The recommending manager must certify that the course(s) will improve the employee's knowledge and performance in his/her present position, or qualify him/her for possible advancement within the company. If the refund is to be made considering a future position, there must be a reasonable prospect that such a position will become available to the employee. Specific courses in an approved degree program which by themselves will not benefit the company will not be approved for payment under this policy. Examples would be physical education or history courses required to complete a business related program. Each individual course shall be approved on its own merit.

GUIDELINES

1 . The company will pay half of the tuition plus cost of books, supplies and fees at the beginning of the course and the other half of the tuition upon satisfactory completion. A completed check request with receipts attached must be submitted to

31

the Office Manager, for the initial refund. A check request with a copy of the grade report must be submitted for the final refund.

2. Refunds will cover all required tuition, books, registration charges and fees, but not the cost of transportation or other miscellaneous items.

3. The educational institution must be acceptable to the employee's management; however, it need not afford instruction at the college level.

4. Correspondence courses are covered under this policy provided the courses are not available from a local school and they qualify for refund under other criteria.

5. The number of courses an employee may take during any one semester shall be determined by the management, based on the employee's ability and degree of difficulty of the courses under consideration.

6. A grade of "C" or better must be earned. An official grade report, or if grade reports are not normally issued, a certificate or letter from the educational institution indicating the employee has satisfactorily completed the course(s) must be submitted to the company before any refund is made.

7. No refund whatsoever will be made to an employee not in employ of the company at the time the course(s) is completed or for a course not satisfactorily completed.

8. This policy statement in no way affects special courses of study, seminars, or training programs the company may from time to time ask employees to attend.

9. Employees should be encouraged to attend public universities as opposed to private colleges since this is usually more cost effective. Should an employee choose a private school when a similar program is available at a public college in the same area, the company will reimburse only to the level of fees charged by the public school.

1 0. This benefit will not be granted to employees who are on disciplinary probation for any reason, or who have job performance deficiencies and are in the process of a program to correct these areas in order to continue employment with the company. The only exception would be a course identified by management that would enable an employee to better correct a performance deficiency.


POLICIES AND PROCEDURES MANUAL

Section: BENEFITS

Policy: PENSION PLAN

Date issued: May 98

Date revised: 1998

October

EMPLOYEE PENSION PLAN

Vopak Terminals of Canada introduced a pension plan on January 1st, 1998. This document is intended to capture the main elements of the plan for reference in its administration as well as for general communications to employees.

32

The plan differs from parent company and responds to the needs of eligible Canadian employees and is managed via a contract with Standard Life of Canada.

Rules of VOPAK TERMINALS OF CANADA INC. Pension Plan

Definition:

The pension plan is a defined contribution plan. A publication is available in Vopak Terminals of Canada office to complement information provided below. The pension plan is registered in the provinces of Ontario and Quebec.

Eligibility:

A new employee, joining VOPAK TERMINALS OF CANADA INC. for regular employment will be presented with the plan and enrolment will be mandatory when minimum time (700 hours) criteria will have been met.

The option to exit the plan, after enrolment does not exist while employed by VOPAK TERMINALS OF CANADA INC.

Dues/Contributions:

A) Group Pension Plan

As of January 1 st, 2012, the employee contributions to the pension plan are set at a maximum of six percent (6.0%) of gross income including overtime hours. The Company shall only be required to match contributions to a maximum of three percent (3%), regardless of the actual level of employee contributions. The contributions will be maintained at these levels unless a revision is warranted. There is no provision that the company contribution will always match the employee

33

contribution; a revision of company contribution will be done, from time to time and reported to employee via pension representatives.

B) Voluntary Group RRSP

Any employee may elect to advise the company to withhold at source an additional amount to be applied in a group R.R.S.P. to be managed by the same administrator as the pension plan.

The rules specific to optional contribution are as follows:

There is no obligation to participate in optional Group RASP.

Decision to contribute must be expressed in% of income (i.e.: 1-2-3-4-5%, etc.) in writing at Vopak Terminals of Canada's payroll office and will be implemented within 30 days of reception. Same rule applies for annulment of participation in optional contribution. During a calendar year, no more than two decisions to elect to contribute or to modify level can be accepted by Vopak Terminals of Canada.

Dues and contributions can only be managed by payroll deductions, unless the plan administrator is willing to accept direct contribution by employee in the optional category.

The maximum contribution for the plan is as limited by applicable statutes.

Use of contribution:

Since a Pension Plan is intended as a long-term savings arrangement for retirement income purposes, provincial government pension legislation does not permit employee and employer required contributions to be withdrawn while employed with the company. Upon retirement, funds can be used to purchase an annuity or a Life Income Fund. Withdrawal of funds in the voluntary group RASP may be made at any time subject to applicable taxes.

Retirement age:

As defined in company policy on retirement age. Early retirement will terminate contribution through company payroll deduction and will require employee to complete arrangements with program administrator to purchase retirement annuity.

Administrator's fee:

The monthly fee, set at $2.50, on year 1; The guarantee fund fees; The transfer fee from one administrator to another,

are the responsibility of VOPAK TERMINALS OF CANADA INC.

The variable funds fees are the responsibility of employees.

Long-term disability:

The pension program remains active for the first two (2) years of disability.

Death:

Before retirement, heirs will have access to$ (employer/company) contributed.

After retirement, rules apply to the type of annuity selected as per administrator's guidelines.

Management's responsibility:

34

Vopak Terminals of Canada has elected to call for bids to select an Administrator, and Standard Life has been awarded initial contract as per recommendation of consultant and management.

Employee's responsibility:

Each employee is responsible for the choice of investment decision he/she selects, within the "basket" offered by the administrator and will pay management fee associated with the selection made in variable funds as per published rate of the administrator. The rate may change from time to time at the discretion of the administrator. The rate of return will vary based on the employee's choice of investment; some funds may depreciate with market fluctuations.

VOPAK TERMINALS OF CANADA INC. Section: BENEFITS

POLICIES MANUAL Policy: PPE and prescription Safety glasses

Date issued: November 98

Date revised: 1998

November

All operations employees are provided with necessary personal protective equipment as detailed below.

1. ANSI or CSA approved hard hats.

2. Safety glasses, includes both clear and tinted lenses.

3. Safety goggles and appropriate hard hat clips.

4. Rain gear/splash type suit, coat and bib type pants.

35

5. All other required safety/PPE required equipment such as respirators, rubber boots for tank entry, etc. are kept in the stock room. The company makes reasonable efforts to ensure each employee has separate and dedicated personal equipment of this nature for hygiene reasons.

6. The company supplies all necessary work gloves (summer, winter, cotton and large gauntlet styles).

36

VOPAK TERMINALS OF CANADA INC. Section: BENEFITS

POLICIES MANUAL Policy: Work Clothes

Date issued: November 98

Date revised: November 1998

All operations employees after having successfully completed their 180-day, probationary period are provided with the following footwear and clothing:

1. One pair of GSA approved summer safety footwear with steel toe and shank (green tagged). These boots are to be over ankle height to afford better protection, and should be of leather construction, suede is not acceptable.

2. One pair of GSA approved winter safety footwear with steel toe and shank (green tagged). These boots should be of rubber construction and have a suitable inner liner for inclement weather. The company recommends "Sorel" as these boots have demonstrated to be durable as well as comfortable.

3. Boots are anticipated to last at least one full season if not longer. However, should the employee have a need for replacement, he must show the boots and advise the Operations Supervisor who will then issue a Purchase Order. The employee must discard the old/worn boots immediately thereafter. Proper care of these boots is the employee's responsibility.

4. The company also provides employees two (2) pairs of the following: work pants, work shirts and coveralls.

5. The company also provides all full-time employees having successfully completed their probationary period, winter coveralls or winter parka and bib type winter pant. The preferred choice as to coveralls vs. parka/pant is left to the discretion of the employee.

6. One (1) hard hat liner and two (2) pairs of long sleeve shirts are also provided as part of winter apparel.

7. The replacement of the above clothing follows the same procedure as boots under point #3. Proper care of company supplied clothing is the employee's responsibility.

8. Laundry services for all company supplied apparel are included for the above clothing and are performed on-site.

37

APPENDIX .. C ..


(i) Senior Operator, Position Qualifications

(ii) Terminal Operator, Maintenance, Tasks & Responsibilities

POSITION QUALIFICATIONS

SENIOR OPERATOR

Date: December 21, 1998

General:

A Terminal Operator will be promoted to a Senior Operator when they satisfy the qualifications listed below.

An employee who has four years of experience as a terminal operator may qualify to be a Senior Operator provided that:

1. The employee has successfully completed 1 00 percent of the training program for terminal operators as outlined in the training procedures section of Vopak Terminals of Canada ISO Quality Procedures Manual. It is agreed that this requirement is subject to the company providing the employee with access to all necessary training within the four (4) year period.

2. The employee has demonstrated good knowledge of the facilities and equipment and good judgment.

3. The employee has a satisfactory record of attendance and punctuality.

4. The employee is not on disciplinary probation for any reason.

5. The employee is not on a program to correct performance deficiencies in order to continue employment.

38

TASKS & RESPONSIBILITIES

SENIOR TERMINAL OPERATOR, MAINTENANCE

Date: November 25, 1998

General:

This list of tasks and responsibilities of the Senior Terminal Operator, Maintenance position is intended as a guideline to the typical work and responsibilities of the Maintenance Operator, actual duties will vary based on the individual employee's technical qualifications and experience. Tasks are subject to change.

Individuals employed by the operations department assigned to the Maintenance position must complete the basic operator training and probationary period. The Senior Terminal Operator, Maintenance will be required to attend and complete all the WHMIS, TDG, confined space entry, spill response, product handling, etc. training as all other operations staff.

Specific Responsibilities:

1. Simple maintenance and repair of piping systems.

2. Simple maintenance and repair of supports, brackets, hangers, walkways, handrails, and other structures.

3. Align, repair and maintain various rotating mechanical equipment.

4. Inspect and maintain valve packing and lubrication.

5. Inspect and maintain mechanical seals.

6. Repair and maintain steam heating systems.

7. Repair, maintain and trouble shoot: Motors and starters Three phase electrical systems Lighting systems Simple heating and air conditioning systems Company vehicles Tank blanketing systems Heat exchangers Vapour recovery system Electrical heat tracing systems Grounding and overfill protection systems

8. Stock inventory of various parts.

9. Housekeeping in work area.

1 0. Assisting other crafts, as assigned.

11. Establish and carry out a preventive maintenance program.

12. Scheduled inspections of piping systems, tanks, vehicles, VRU, boilers, hoses, etc.

13. Maintain records of all repairs and inspections.

39

14. Issue work permits, hot work permits and confined space entry permits to maintenance contractors.

15. Coordinate work of maintenance contractors.

16. Load and unload various products to and from tank trucks, rail cars, tanks, or vessels.

40

APPENDIX "D" EXCESS WEEKLY HOURS OF WORK

In accordance with section 17 of the Employment Standards Act 2000, the parties agree as follows:

1. Regular Work Day- The regular work day for employees has been established as eight (8} hours per day.

2. Excess Daily Hours- The Union consents on behalf of employees in the bargaining unit to allow them to work beyond their regular work day to a daily maximum of twelve (12} hours. The parties further acknowledge that due to the nature of the business there will be times that it is necessary for employees to work sixteen (16} consecutive hours. It is understood that all hours worked in excess of eight (8} hours in a day or forty-eight (48} hours in a week are only worked on a voluntary basis and that an employee can choose to work or not.

3. Excess Weekly Hours - The Union also consents on behalf of employees in the bargaining unit to allow them to work beyond forty-eight (48} hours in a week, to a maximum of sixty (60} hours in a week. It is understood that all hours worked in excess of eight (8} hours in a day or forty-eight (48) hours in a week are only worked on a voluntary basis and that an employee can choose to work or not.

4. Scheduling - Scheduling of extra hours shall be in accordance with the scheduling provisions of the Collective Agreement; however the scheduling of such hours shall not conflict with the provisions of this Appendix "D".

BETWEEN: LETTER OF UNDERSTANDING# 1

Communications, Energy and Paperworkers Union of Canada, and its Local 2003 (Unit 52)

-and-

Vopak Terminals of Canada Inc.

Re: Short-term Illness and Supplement to El Benefits - Article 14.03

41

The parties agree that the amendment to the Collective Agreement in article 14.03 to provide for an income supplement to Employment Insurance benefits during times of shortterm illness is subject to the Employment Insurance Act, the Regulations thereunder and the rules and of the Employment Insurance Commission.

If the parties are unable to implement the amendment to article 14.03 because of the Act, its Regulations or any rule or policy of the Employment Insurance Commission, the parties shall meet with an intention to modify the amendment in article 14.03 in keeping with the intent of the original intent of the amendment.

DATED AT HAMILTON, ONTARIO this# U-_ day of _.lft'---+_/:_t _'(_, ___ , 2012.

FOR THE COMPANY FOR THE UNION \ \

BETWEEN:



-and-


Re: Operator Maintenance Position - Article 19.01 (iii)

42

The parties agree that Article 19.01 (iii) shall be in effect only during periods that the Company has designated an employee(s) to work in this classification.

DATED AT HAMIL TON, ONTARIO this/o/~ay of ---L..Ik~..;_' _ . ....:....! _____ , 2012.


43


BETWEEN:


-and-


Re: Stewards Training

The Company agrees to pay the regular wages of an employee sent by the Union to Union "Steward School", on one (1) occasion during the life of this Agreement.

DATED AT HAMILTON, ONTARIO this /O~y of -L-.4~/_ ... ,._( ____ , 2012.


BETWEEN:



-and-


Re: Sick Days. Calculating Overtime

44

In calculating overtimes hours in accordance with Article 13.02 (d), sick days will not be counted in determining the number of hours worked in the week.

DATED AT HAMILTON, ONTARIO this /0 ~ay of __.£fr~_/_, ·--'--{ ____ , 2012.


BETWEEN:

LETTER OF UNDERSTANDING #5


-and-


Re: Labour Management Committee

45

This will confirm the agreement reached at the recent Contract negotiations that the parties agreed to form a Labour Management Committee to discuss workplace issues. The Committee will meet monthly and be comprised of different personnel than those that sit on the Health and Safety Committee.

DATED AT HAMILTON, ONTARIO this /tfl.-(day of --41-tlr-'-f-....:......f_,~__,(~---' 2012.


between: vopak terminals of canada inc. collective

Documents