Common use of LETTER OF AGREEMENT RE Clause in Contracts

LETTER OF AGREEMENT RE. PROFIT SHARING PLAN 1. An employee will be eligible to participate in the Plan: (a) Effective on the day following the date he/she completes his/her probationary period, as specified in the Basic Agreement, and (b) Provided the employee is on the payroll of the Company on the last day of the quarterly period for which the payment is calculated, except that an employee whose employment is or was terminated before such date for any of the following reasons shall be considered eligible during the quarterly period in which such termination occurs: (i) Retirement on a pension under the provisions of the Pension Plan Agreement, (ii) Death, (iii) Laid off for lack of work as provided under Clause 7.02 (c) of the Basic Agreement, in which event, the employee shall be paid the Plan payment on the first regular Plan payment date following the date of his/her return to work after recall as provided in the Basic Agreement. If the former employee fails to return to work within the period specified in the Basic Agreement or ceases to be entitled to recall, he/she shall forfeit his/her entitlement to such Plan payment. 2. The rate applicable under the P.S.P. plan shall be paid for all hours worked plus vacation hours. Such hours will be to a maximum of five hundred (500) hours in a quarter by an employee, but shall not be increased by reason of having been earned in overtime. Hours not worked, with the exception of vacation hours (as referred to above), even though compensated in accordance with a specific provision of the Basic Agreement and deemed to be hours worked for other purposes, shall not be considered to be hours worked for the purpose of this Plan. 3. The Company and the Union have agreed that all employees will be expected to perform their work duties to the full scope of the job, including all the inherent functions which may not be specifically described. 4. It is understood and agreed that any employee eligible under the provisions of this Plan who participates in a strike, shall forfeit the greater of any entitlement to payment from the date of his/her participation to the end of such quarterly period or the entitlement to payment for the last two pay periods in such quarterly period. Participation in a strike continuing into the next quarterly period will result in the further application of paragraph above. 5. Payment will be based on Lake Erie Works Profitability, as follows:

LETTER OF AGREEMENT RE. PROFIT INCOME SHARING PLAN 1. An employee will be eligible to participate in the Plan: (a) Effective on the day following the date he/she he completes his/her his probationary period, as specified in the Basic Agreement, and (b) Provided the employee is on the payroll of the Company on the last day of the quarterly period for which the payment is calculated, except that an employee whose employment is or was terminated before such date for any of the following reasons shall be considered eligible during the quarterly period in which such termination occurs: (i1) Retirement on a pension under the provisions of the Pension Plan Agreement, (ii2) Death, (iii3) Laid off for lack of work as provided under Clause 7.02 (c7.03(c) of the Basic Agreement, in which event, the employee shall be paid the Plan payment on the first regular Plan payment date following the date of his/her his return to work after recall as provided in the Basic Agreement. If the former employee fails to return to work within the period specified in the Basic Agreement or ceases to be entitled to recall, he/she he shall forfeit his/her his entitlement to such Plan payment. 2. The rate applicable under the P.S.P. I.S.P. plan shall be paid for all hours worked plus vacation hours. Such hours will be to a maximum of five hundred (500) hours in a quarter by an employee. It is agreed that hours paid for but not worked in the quarter by reason of absence on scheduled vacation under Clauses 10.01 (a) or 10.01 (b) in the quarter, and hours paid for but not worked in the quarter, by reason of attendance at jury service or absence due to bereavement as defined under Section 15 of the Basic Agreement, shall be included for the purpose of calculating I.S.P. but shall not be increased by reason of having been earned in overtime. Hours not worked, with the exception of vacation considered as hours (as referred to above), even though compensated in accordance with a specific worked for any other purpose or provision of the Basic Agreement and deemed to be hours worked for other purposes, shall not be considered to be hours worked for the purpose of this PlanAgreement. 3. The Company and the Union have agreed that all employees will be expected to perform their work duties to the full scope of the job, including all the inherent functions which may not be specifically described. As an example of the above, employees will perform those job duties which may be required in order to expedite any given production, repair or maintenance assignment, providing the employee has the qualifications to perform these duties. In the event that any question arises as to the application and interpretation of this Item, such question will be the subject of discussion between the Administration Manager or Manager - Human Resources and the President of the Local Union or their respective delegates. 4. (a) It is understood and agreed that any employee eligible under the provisions of this Plan who participates in a strike, shall forfeit the greater of any entitlement to payment from the date of his/her his participation to the end of such quarterly period or the entitlement to payment for the last two (2) pay periods in such quarterly period. . (b) Participation in a strike continuing into the next quarterly period will result in the further application of paragraph (a) above. 5. Payment will be made quarterly based on Lake Erie Works Profitabilityactual Xxxxxxxx East financial performance. (a) Financial performance will be measured in terms of the "Adjusted Gross Margin". Payments will result when the "Adjusted Gross Margin" exceeds a flat hurdle amount. (b) On a quarterly basis, "7.5"% of the sum of the "Adjusted Gross Margin" less the quarterly hurdle amount of $2,250,000 shall be distributed to all Xxxxxxxx East bargaining unit employees who are eligible consistent with the terms and provisions of this item. It is agreed that such payment shall not exceed an amount equivalent to two dollars ($2) per hour for each eligible employee based upon eligible hours for the quarter. (c) A year to date adjustment will be calculated after calculations described in 5(b) above have been completed for the fourth quarter of the year. The amount shall be calculated as follows: An amount of "15"% of the sum of the actual total Xxxxxxxx East "Adjusted Gross Margin" less the annual hurdle amount of $9,000,000 shall be determined. Such amount shall be reduced by the quarterly payments calculated in 5(b) above. This amount shall be distributed to all Xxxxxxxx East bargaining unit employees who are eligible consistent with the terms and provisions of this item. It is agreed that such payment shall not exceed an amount required to bring the annual payments to two dollars ($2) per hour for each eligible employee based upon total eligible hours for the year. (d) For the purpose of this Plan, "Adjusted Gross Margin" will be calculated excluding: (i) Workers Compensation Board Assessment (ii) Depreciation

LETTER OF AGREEMENT RE. PROFIT SHARING PLAN 1Allegation of Discharge This will confirm the understandingbetweenthe parties with regard to grievances in which an employee voluntarily terminated his employment but claims that he was unjustly discharged. An Where such a grievance is filed, the terms of Clause of the BasicAgreement will apply, and such grievance must be filed within seven (7) calendar days after the employee notifies the Company that he is voluntarily terminating his employment with the Company. Letter of Agreement re: Xxxxxxx and For the purposes of applying the provisions of Clauses and with respect to an employee who applies within forty-eight (48) hours of his assignment or appointment to a job to be transferred to another job, the Company agrees to endeavour to place such employee on the job to which he applies to be transferredas soon as reasonably practicableimmediately following the expiry of the forty-eight (48) hour period. Where practicable, the transfer will be eligible made on his next scheduled shift following the expiry of the forty-eight (48) hour period when Clause is applicable. In the case of employee transfers under Xxxxxxx and the transfers will be made. where at the commencement of the workweek following the expiry of the eight (48) hour period provided that there are at least three (3) working days between the expiry of the forty-eight (48) hour period and the commencement of the next following workweek. It is understood, however, that the above provisions do not restrict or limit the Company entitlement to transfer any such employee whenever practicable up to but no later than fifteen (15) days following receipt of his notification as specified in such clauses referred to above. Letter of Agreement re: The Company shall establish an Apprenticeship Training Programme which will normally develop the tradesmen needed. When the Company determines a need for an apprentice, it will select the individual who will participate in the Plan: (a) Effective on Programme. To ensure the day following quality and success of such Programme, the date he/she completes his/her probationary period, as specified in Company and Union agree to establish a Joint Training Committee. This Committee will discuss the Basic Agreement, and (b) Provided the employee is on the payroll contents of the Company on Programme and make recommendationsto improve its effectiveness. Each Union representativeof the last day of Joint Training Committee will be paid at his average hourly rate during the quarterly preceding pay period for which the payment is calculated, except that an employee whose employment is or was terminated before such date for any of the following reasons shall be considered eligible during the quarterly period in which such termination occurs: (i) Retirement on a pension under the provisions of the Pension Plan Agreement, (ii) Death, (iii) Laid off for lack of time lost from work as provided under Clause 7.02 (c) of the Basic Agreement, in which event, the employee shall be paid the Plan payment on the first regular Plan payment date following the date of his/her return to work after recall as provided in the Basic Agreement. If the former employee fails to return to work within the period specified in the Basic Agreement or ceases to be entitled to recall, he/she shall forfeit his/her entitlement to such Plan paymentwhile attending these meetings. 2. The rate applicable under the P.S.P. plan shall be paid for all hours worked plus vacation hours. Such hours will be to a maximum of five hundred (500) hours in a quarter by an employee, but shall not be increased by reason of having been earned in overtime. Hours not worked, with the exception of vacation hours (as referred to above), even though compensated in accordance with a specific provision of the Basic Agreement and deemed to be hours worked for other purposes, shall not be considered to be hours worked for the purpose of this Plan. 3. The Company and the Union have agreed that all employees will be expected to perform their work duties to the full scope of the job, including all the inherent functions which may not be specifically described. 4. It is understood and agreed that any employee eligible under the provisions of this Plan who participates in a strike, shall forfeit the greater of any entitlement to payment from the date of his/her participation to the end of such quarterly period or the entitlement to payment for the last two pay periods in such quarterly period. Participation in a strike continuing into the next quarterly period will result in the further application of paragraph above. 5. Payment will be based on Lake Erie Works Profitability, as follows:

LETTER OF AGREEMENT RE. PROFIT SHARING PLAN 1. An employee will be eligible to participate in the Plan:PREFERENTIAL HIRING (a) Effective on The Human Resources Department telephone number and address at each plant of the day following Company will be provided by the date he/she completes his/her probationary period, as specified in the Basic Agreement, andCompany to each laid off employee; (b) Provided the employee is on the payroll of the Company on the last day of the quarterly period for which the payment is calculatedUpon being laid off, except that an employee whose will be provided an employment is or was terminated before such date for any of the following reasons shall be considered eligible during the quarterly period in which such termination occurs:application form; (i) Retirement on a pension under the provisions of the Pension Plan Agreement, (ii) Death, (iii) Laid off for lack of work as provided under Clause 7.02 (c) The Company will notify the appropriate local Union(s) of any new employment opportunities as soon as practicable prior to hiring with monthly update; (d) Each plant Human Resources Department will prepare a listing of former employees on layoff and their general skills. Such listing will be supplied to all plants and local Unions. The Company shall accept application from the Basic Agreementlaid off employees, in which event, and forward them to the plant that the laid off employee shall be paid the Plan payment has designated on the first regular Plan payment date following the date of his/her return to work after recall as provided in the Basic Agreementapplication form. If an eligible laid off person is subsequently hired by the former employee fails to return to work within the period specified in the Basic Agreement or ceases to be entitled to recallCompany at another Works, he/she shall forfeit his/her entitlement to such Plan payment. 2. The rate applicable under the P.S.P. plan shall be paid for all hours worked plus vacation hours. Such hours will be to a maximum granted service for purposes of five hundred (500) hours Pension, Group Insurance, Vacation Entitlement and Supplemen- tary Unemployment Benefit Plan credits, provided such person successfully completes the normal probationary period in a quarter by an employee, but shall not be increased by reason of having been earned in overtime. Hours not worked, with effect at the exception of vacation hours (as referred to above), even though compensated in accordance with a specific provision of the Basic Agreement and deemed to be hours worked for other purposes, shall not be considered to be hours worked for the purpose of this Plan. 3. The Company and the Union have agreed that all employees will be expected to perform their work duties to the full scope of the job, including all the inherent functions which may not be specifically described. 4new Works. It is understood and agreed that any an employee eligible under the provisions of this Plan who participates in a strike, shall forfeit the greater of any fails to waive his/her recall entitlement to payment from his/her former Works before the date completion of his/her participation probationary period will be terminated, and ineligible for any further consideration in accordance with these provisions. Where an employee has waived his/her recall entitlement during his/her probationary period, and is subsequently terminated by the Company prior to the end completion of such quarterly period or probationary period, the employee's waiver of recall entitlement to payment his/her former Works shall be declared null and void. A laid off employee who possesses recall rights and makes known his/her complaint with respect to the operation of this provision shall be afforded the opportunity to meet with a representative of the Human Resources department at the Works from which he/she was laid off to have his/her complaint investigated. Transfer of Operations It is further understood and agreed that employees at a Works who are laid off as a result of the transfer by the Company of equipment from one Works to another, will be given preferential consideration for new employment, in accordance with the above provisions. In the event of the future hire of such person in accordance with these and the above provisions, full Company service will additionally be provided for the last two pay periods in sole purpose of determining the period of recall entitlement, should such quarterly period. Participation in a strike continuing into person be laid off from the next quarterly period will result in the further application of paragraph abovenew Works. 5. Payment will be based on Lake Erie Works Profitability, as follows: