clean harbors energy&. industrial services corp. and wast… · services corp. sarnia division...

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COLLECTIVE AGREEMENT

- BETWEEN-

Clean Harbors Energy&. Industrial Services Corp.

(Hereinafter referred to as the "Employer")

-AND-

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

(Hereinafter referred to as the "Union")

December 1, 2010 November 30, 2012

Article 1 - Duration of Agreement

1.1 This agreement shall become effective on the 151• day of December 2010, and shall

continue to remain in effect until the 30th day of November 2012, and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination, or proposed revision of this agreement within ninety (90) days before the 30th day of November 2012, or in a like period in any year thereafter.

Article 2 - Geographical Area

2.1 The Employer's personnel who are in the Clean Harbors Energy & Industrial Services Corp. group operating from Sarnia and working in the Province of Ontario.

Article 3 - Recognition and Union Security

3.1 The Employer recognizes the Union as the exclusive bargaining agent for the equipment operators, helpers and utility Man of Clean Harbors Energy & Industrial Services Corp. Sarnia Division in the jurisdiction of the Union, save and except the employees covered by the Collective Agreement between the International Union of Operating Engineers, Local 865 and Clean Harbors Energy & Industrial Services Corp. effective December 1, 2010 to November 30, 2012 and any renewals thereof.

Technicians, Supervisors, Management, Sales and Office Staff are excluded from this agreement.

Technicians and Supervisors shall be defined as follows:

Technician- Those persons applying technology (usually chemistry, drafting and engineering) but not operating equipment as such.

Supervisor- Those persons directing the work, the work procedures and communicating the Company's business with the customer but not operating equipment as such.

3.2 If the Employer requires employees, he shall call the Union dispatcher who shall supply qualified men as soon as reasonably possible. If the dispatcher is unable to supply qualified men, the Employer may hire independently, upon the condition that such employees become members of the Union after one thousand (1000) working hours of employment or be dismissed. The Employer has the sole authority to judge the quality of employability. Employees with fewer than 500 hours of employment will have no recourse to the Grievance Procedure per Article 5.

3.3 Before a new employee starts to work, he must have an official clearance card issued by the Union office, unless other arrangements are made by the Union dispatcher, other than part time employees.

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Article 3 • Recognition and Union Security- cont'd

3.4 If the employee is hired outside the Union office, the Employer shall notify the Union within twenty-four (24) hours of such hiring. All new employees shall be required to pay monthly dues after thirty (30) calendar days of employment.

3.5 Upon written authorization by an employee, the Employer shall deduct initiation fees, union dues, advancement dues and annual assessments from the employees wages and shall submit deductions to the Union office on the first pay period of each month, together with a list of the employees from whom such deductions have been made. The Union shall notify the Employer of any changes.

3.6 All employees shall, as a condition of employment, become and remain members in good standing while employed under this agreement.

3.7 On each shift, a qualified union operator must be present, excluding supervisory or management personnel.

Article 4 • Management Rights

4.1 The Union agrees and acknowledges that the Employer has the exclusive right to manage the business and to exercise such right without restriction, save and except prerogatives of management as may be specifically modified by the terms and conditions of this agreement. Without restricting the generality of the foregoing paragraph, it is the exclusive function of the Employer:

a) To determine qualification, classify, transfer, hire, direct, promote without regard for seniority, demote, lay off, discipline and discharge employees for just cause and to increase and decrease working forces in accordance with the terms of this agreement.

b) The employer has the right to change, add or delete descriptions to classifications identified in "SCHEDULE A", Upon mutual agreement with the Union.

c) To determine the materials to be used, design of the product to be handled, facilities and equipment required, scheduling of work and locations of equipment.

d) To determine the rules and regulations to be observed by employees, violations of which may be the cause for discipline and may include discharge.

4.2 The Employer recognizes that the employee and the Union have recourse through the grievance procedure if they feel that the Employer has exercised any of the foregoing rights contrary to the terms of this agreement.

4.3 All incidents pertaining to discharge or reprimand shall be in writing to the employee, Union Steward and Union.

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Article 5 • Grievance Procedure

5.1 There shall be an earnest effort on the part of both parties to this agreement, to settle promptly through the procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this agreement.

5.2 All grievances to be dealt with under Step Two below shall be in writing on Union supplied forms by the employee having such grievance.

5.3 Written grievances, to be valid, shall set out the nature of the grievance, the article or articles of the agreement alleged to have been violated and the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the case of remedy, by an Arbitration Board.

5.4 In determining the time which is allowed in the various steps, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing.

5.5 If advantage of the provisions of Article 5 and 6 hereof is not taken within the time limits specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be reopened.

5.6 The Employer shall designate and name the official to whom a written grievance is submitted at Step #2.

5. 7 It is understood and agreed that an employee does not have a grievance until he has discussed the matter with his foreman or other supervisory personnel acting in this capacity and given him an opportunity of dealing with the complaint. His decision shall be made known to said employee within forty-eight (48) hours.

Grievances properly arising under this agreement shall be adjusted and settled as follows:-

STEP 1 - Within five (5) days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee, with or without a Union Representative, shall present his grievance orally or in writing to the official of the Employer named by the Employer to handle grievances at this step. If a settlement satisfactory to the Union and the employee concerned is not reached within two (2) full working days, a grievance may be presented as indicated in Step 2 at any time within five ( 5) full working days thereafter.

STEP 2 - a) At this step, the grievance may be processed as an individual, joint or Union grievance and shall be presented in writing by a Union Steward or Representative to the Company official assigned to handle written grievances.

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Article 5 - Grievance Procedure - cont'd

b) The Employer or the Union may process a written grievance at this step concerning any matters related to this agreement including the Union's right to present an employee grievance in total.

5.8 Notwithstanding the above, grievances concerning wages and fringe benefits may be presented within thirty (30) days after the circumstances giving rise to the grievance occurred or originated and further provided that a grievance concerning welfare or pension contributions may be presented within thirty (30) days after the particulars of such grievance should have reasonably become first known to a Union Representative.

Article 6 - Arbitration

6.1 The parties to this agreement agree that any grievance concerning the interpretation or alleged violation of this agreement which has been properly carried through all the steps of the grievance procedure outlined in Article 5, which has not been settled will then be referred to a Board of Arbitration at the request of either of the parties hereto.

6.2 The Board of Arbitration will be composed of one person appointed by the Employer, one person appointed by the Union and a third person to act as Chairman chosen by the other two members of the Board.

6.3 Within five (5) working days of the request by either party for a Board, such party shall notify the other in writing of the name of its appointee.

6.4 Should the person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third member as Chairman within five (5) days of the notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to appoint a Chairman.

6.5 The decisions of the Board of Arbitration or a majority of such Board constituted in the above manner shall be binding on the parties to this agreement.

6.6 The Board of Arbitration shall not have any power to alter or change any of the existing provisions nor to give any decisions inconsistent with the terms and provisions of this agreement.

6. 7 Each of the parties to this agreement will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expense of the Chairman.

6.8 No proceedings under Articles 5 and 6 shall be declared invalid and actions under these Articles shall not be set aside if no substantial wrong or miscarriage of justice has occurred.

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Article 7 - No Strikes, No Lockouts

7.1 In view of the grievance and arbitration procedures provided in this agreement, it is agreed by the Union that there shall be no strike, picketing, slowdown or stoppage of work, either complete or partial, and the Employer agrees that during the term of this agreement, there shall be no lockout.

7.2 It will not be considered a violation of this agreement for employees to refuse to cross a legal picket line and the Employer agrees that no action will be taken against the Union or any members for refusing to cross such legal picket line; however, the Union agrees to grant permission and to assist the Employer to remove equipment from behind a picket line when reasonably possible and where the Employer is not involved.

7.3 Similarly, the Employer shall not be deemed to have contravened this Article if a job or project is closed down by action beyond his control. In any event, notice of such action by either party shall be given prior to such action taking place.

Article 8 - Union Representation

8.1 The Union Representative shall, in the course of his duty, have access to the work, where possible, on which members of the Union are employed and the Employer shall assist the Union Representative to obtain a pass to the premises where necessary. The Union Representative shall first make his presence known to the Employer's most senior representative in the job office. In no instance, however, shall he interfere with the progress of the work, except to correct safety violations and then only after consultation with the Employer's representative to whom he first made his presence known.

8.2 The Union Representative, when on site, shall abide by all safety rules as stipulated in the appropriate safety acts or regulations.

8.3 It is agreed that the Union may appoint a reasonable number of employees to act as Stewards and that the Employer shall be notified in writing of such appointments and changes thereafter.

8.4 The Steward or Stewards shall be the last employees covered under the terms of this agreement to remain working, providing he is competent and capable of performing the remaining work. The rate of pay while performing such work shall be in accordance with their classification as outlined in this agreement. Specifically, the Steward or Stewards shall not necessarily be the highest paid on the job site during the same shift.

8.5 The Steward or Stewards, where possible, will be responsible for reporting any complaints or grievances to the Employer and to the Union so that these may be dealt with in the proper manner without delay. Should an employee be subject to monetary loss as a result of discipline, the Union steward must be advised.

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Article 9 • Safety and Sanitation

9.1 One safety helmet will be supplied to each employee. The Union agrees that employees, except in the lunch room or office, will wear their safety helmets at all times.

9.2 The Employer will contribute $150.00 per annum, payable in December of each year, towards approved safety footwear to employees after 1000 hours continuous service and 500 hrs service within that year. Citations for not wearing proper footwear by Division Managers and/or Safety Inspectors may result in loss of this benefit in addition to the disciplinary action deemed necessary by management. Management reserves the right of final approval on footwear.

9.3 The Employer, employees and the Union agree to abide by the provisions of the appropriate Safety Act.

9.4 The Employer will supply special protective clothing and footwear when required. (i.e. rubber boots, rubber rain wear and long rubber gloves.)

9.5 Eye and hearing protection will be supplied for all new employees when work hazard requires such protection. The Union agrees that except in the lunch room or office, eye protection will be worn at all times in the shop and on the job.

9.6 The employer agrees to pay 100% of the cost of the coveralls and 100% of the cost of cleaning said coveralls. On specific jobs, with the authorization of the employer, the employees may request that personal clothing be cleaned at the employer's expense. The Employer agrees to pay 100% of purchase and cleaning of all fire retardant clothing required, including winter coveralls and parkas at no cost to the employee.

9.7 The Employer shall provide training in all facets of their operation to all employees if designated and approved by management. They will reimburse the employees for any legitimate costs incurred in obtaining this training or advancement of their skills. The cost of driver examination medicals will be reimburse by the employer after 1000 hours continuous service and 500 hrs service per year upon the presentation of a receipt by the employee. All safety and training course approved by the Employer shall be paid at shop rates.

9.8 The Employer will provide the employees with appropriate PPE, including coveralls. For the purpose of purchasing and allocation of coveralls only, full time employees shall be defined as those individuals that work for the Employer on a regular basis (i.e. 20 hours per week or more). The Employer will also make available to all additional personnel, proper PPE on a job to job basis. All personnel will be required to sign for all protective apparel issued to them. Upon completion of a particular job or termination of employment, all issued apparel shall be returned to Employer. Any apparel not returned shall be charged at the full replacement cost.

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Article 1 0 • Payment of Wages

10.1 Pay day shall be every Thursday by way of direct deposit. It is mandatory to enrol in payroll direct deposit process, however employees hired prior to implementation of direct deposit will continue to be grandfathered under the previous payroll process (manual cheques). The pay slip should indicate: Employee's name Hours worked at straight time Overtime Hours Amount of Vacation Pay All other deductions

10.2 The normal pay period will be from Sunday to Saturday of each week. The normal pay day shall be Thursday following the week worked.

Article 11 • Lay Off

11.1 When an employee is laid off, the Employer shall give him, by registered mail, within five (5) regular working days, his Record of Employment (ROE), Vacation Pay and his pay in full. The Employer shall rehire said employee upon the condition that the employee obtain an up-to-date work permit by the Union dispatcher.

11.2 Notification to, or attempted notification of layoff to an employee on a Saturday, Sunday or Statutory Holiday shall be considered improper notice.

11.3 The Union shall be notified of proposed lay offs on the day of notification to the employee or employees to be laid off, if possible.

Article 12 ·Travel and Allotments

12.1 When hourly rated personnel are required to travel, his regular job rate of pay will apply. Any time in excess of four (4) hours in each twenty-four (24) hour period spent travelling, will be used to compute the eight (8) hours as outlined in Article 15.2 -Hours of Work. All travel on Statutory Holidays and Weekends between 11 :59 p.m. Friday and 12:01 a.m. Monday shall be paid at double (2x) the shop rate.

12.2 An employee will be responsible for his own meals. When an employee is employed continually for ten (1 0) hours, the Employer will provide a meal or in lieu of a meal, an allowance of $15.00 and one-half (1/2) hour at straight time rates of pay to eat. After fourteen (14) hours of continuous work, he shall be given an additional $15.00 and one-half (1/2) hour straight time rates of pay to eat. The maximum will be two (2) meals or allowances per 16 hour shift or a combination thereof.

12.3 When an employee is working 150 kilometres from his Sarnia base, the Employer will provide all accommodations and reasonable meal expenses on all out of town days. The Employer reserves the right to substitute payment of $45.00 per day in lieu of charging privileges at specified food establishments.

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12.4 The employer agrees to provide, where practical, 48 hours notice of work to be done out of town.

Article 13 • Students

13.1 The Company reserves the right to hire students during school holidays.

13.2 The employment of said students shall not result in the lay off of regular employees.

13.3 Students shall pay dues from the start of their employment.

Article 14- Benefits

14.1 After one thousand (1000) hours probationary period, the Employer will start remitting into the Operating Engineers Benefit and Pension Plans for each employee, as per Article 14.3.

14.2 The parties hereto agree that the employee benefit plan shall be jointly trusteed by the Union.

14.3 a) Effective December 1 ,201 0, the Employer shall contribute in total: $8.23 per hour to the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust of Ontario (the "Health Plan") and to the International Union of Operating Engineers, Local 793 Members Pension Benefit Trust of Ontario (the "Pension Plan") for each hour earned by each employee in his employ. ($3.75 Benefit Plan and $4.48 Pension Plan)

Effective December 1, 2011 the total Employer contributions of $8.23 shall increase to $8.73 ($3.95 Benefit Plan and $4.78 Pension Plan)

b) It is agreed that the Employer shall make a single monthly payment to an independent administrator appointed by the Trustees of the Health Plan and the Pension Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that the contributions are allocated and made on behalf of each Employer and the employee to the Health Plan and the Pension Plan.

c) These monies shall be remitted in accordance with this Agreement to the Health Plan and Pension Plan.

d) Payments into the Health Plan and Pension Plan are to be made by the 15th day of the month following the month for which payment is made, and at no time shall contributions be paid directly to the employee.

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Article 14- Benefits- cont'd

e) In the event an Employer fails to remit any contributions, deductions or remittances for the Health Plan, the Pension Plan, dues, fees or assessments pursuant to Article 3, Working Dues Check-Off pursuant to Article 14.4 by the 15th day of the month due, the Employer shall pay to the appropriate fund as liquidated damages and not a penalty, an amount equal to two per cent (2%) per month, compounded monthly (24% per annum) for any delinquent contributions, deductions or remittances thirty (30) days in arrears calculated from the date due, provided the Employer had received five (5) days prior written notice to correct such delinquency and has not done so.

f) With reasonable cause, the Trustees may request the Employer to submit to them within a stipulated period a certified audited statement of payroll contributions to these funds for a period not to exceed the period from the effective date of this Agreement until the date the audit takes place. Such statements shall reply to the questions submitted to the Employer by the Trustees.

g) If the Employer does not submit the certified audited statement as per Clause (f), the Trustees may appoint an independent chartered accountant to enter upon the Employer's premises during regular business hours to perform an audit of the Employer's records only with respect to the Employer's contributions or deductions to the required Employee Benefit Plan.

h) Where the Trustees appoint an auditor, the cost of the audit shall be borne by the appropriate plan.

i) In the event such audit reveals that the Employer has failed to remit contributions in accordance with the provisions of this Agreement, the Employer shall, within five (5) days of receipt of written notice from the Trustees, remit all outstanding contributions together with any liquidated damages required under the terms of Clause (e) above and completed supporting contributions report forms as required by the Plan.

j) When an Employer fails to remit all delinquent contributions the provisions of Clause (e) shall apply and the Union, on instructions from the Trustees, shall immediately institute proceedings against the delinquent Employer under Section 49 of the Labour Relations Act of Ontario. All costs of such actions shall be borne by the appropriate plan or fund unless otherwise recoverable.

k) Where the Trustees deem an Employer to be a persistent delinquent in the submission of contributions, they may require the Employer to post a bond or certified cheque not to exceed $2,500.00 to be held in trust by the Trustees for a period to be determined by the Trustees.

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Article 14- Benefits- cont'd

I) In the event that a grievance alleging that the Employer has failed to remit the proper contributions, deductions or remittances to any Trust Fund or party as required by the Agreement, the parties agree that for the purposes of determining any issue, the following presumption shall apply:

A statement signed by a member of the Union, a Business Representative, a trustee or Administrator of a Trust Fund, shall be prima facie evidence of the number of hours worked by members of the Union, and a failure to make the appropriate payments as required by this Agreement. This evidence shall establish only a rebuttable presumption and may be challenged by the Employer with proper documentary evidence.

m) If the Ontario Labour Relations Board or a Board of Arbitration to which a grievance alleging failure to make appropriate payments to a Trust Fund or an Administrator as required by this Agreement is litigated and the Board determines that an Employer has violated the Agreement, then the Ontario Labour Relations Board or a Board of Arbitration shall also require the Employer to pay all reasonable costs incurred by the Union in prosecuting the grievance including but not limited to, all legal costs on a solicitor-and-client basis, travel, meal and accommodation costs of all witnesses and Business Representatives, conduct monies, cost incurred in serving a summons, any expenses incurred by the Union pursuant to Section 49, of the Labour Relations Act or otherwise, for the Board of Arbitration.

n) If the Ontario Labour Relations Board determines that the Employer has not violated the Agreement, then the Ontario Labour Relations Board or the Board of Arbitration shall require the Union to pay all costs to the Employer as required in sub-paragraph (m) above.

o) If an Employer does not have any employees in his employ, he shall submit a NIL report in accordance with the provisions of 14.3(g).

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14.4 Working Dues a) As a condition of employment, the Employer shall require each employee to sign

a form which authorizes the Employer to deduct regular monthly dues, working dues, initiation fees and annual assessments from the employee's pay.

The regular monthly union dues shall be deducted from each employee on the first pay period of the month.

The Union shall notify the Employer of the amounts and any changes thereto of the above-mentioned deductions.

b) All dues, fees and assessments so deducted shall be remitted together with pension and/or benefit contributions set our in this agreement on or before the 15th day of the following month in which such deductions were made.

The Employer shall, when making all remittances to the Union, identify employees both by name and social insurance number and indicate the amount deducted from each employee.

14.5 The Union agrees to hold harmless and indemnify the Employer and the Trustees against any liability incurred as a result of deductions made under 14.4.

14.6 The Employer shall deduct from each employee during each pay period an amount equal to two percent (2%) of the total monetary package which includes the hourly rate, vacation pay, health plan and pension plan contributions as working Dues. Remittance to the union shall be in accordance with Article 14.3.

14.7 Advancement Dues Check-off

The Employer shall deduct fifteen cents ($0.15) per hour for each hour earned by each employee covered by this Agreement for Advancement Dues. The amount deducted shall be remitted together with monetary contributions and deductions in the manner set out in this Collective Agreement.

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Article 15 - Hours of Work

15.1 The normal work day shall be eight (8) hours per day, Monday to Friday.

15.2 Only eight (8) total hours at straight time in each twenty-four (24) hour period, commencing at the start of the shift, (excluding 1/2 hour lunch), from 12:01 a.m. Monday until 11 :59 p.m. Friday shall be worked at straight time. All overtime beyond the first eight hours shall be paid at the rate of time and one-half (1 1/2x) except for hours worked between 11:59 p.m. Friday and 12:01 a.m. Monday which shall be paid at double the hourly rate. Should a scheduled shift be cancelled or changed and 12 hours prior notice is not given to an employee, the employee shall be paid 4 hours at straight time rate of pay. The 4 hours of pay shall be considered an inconvenience pay and shall not be added to any hours worked during the 24 hour period.

15.3 When an employee is required to work 150 kilometres from his Sarnia base area and stay out of town as a result, he shall be paid a minimum of eight (8) hours job rate per day, excluding weekends. This applies to all employees covered by this agreement.

15.4 When an employee is called for work other than for day shift and proper notice is not given (at least 12 hours) between Monday and Friday, the employee shall be paid at one and one half times (1.5x) the regular hourly rate.

Article 16- Statutory Holidays

16.1 Statutory Holidays are: -

New Year's Day Canada Day Thanksgiving Day Christmas Day

Good Friday Civic Holiday Remembrance Day Family Day

Victoria Day Labour Day Boxing Day

Employees will normally have these days off without pay, but if work is required, the rate of double time will be paid for all hours worked on the holiday. The holiday shall commence at midnight and end the following midnight. Should any of the above holidays occur on a Saturday or Sunday, such holiday shall be observed on the Monday and I or Tuesday following unless changed by mutual agreement between the Employer and the union.

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Article 17- Vacation Pay

17.1 Vacation Pay for all employees who have accumulated one thousand (1000) hours of work with the Employer shall be paid at the rate of ten per cent (10%) of gross wages earned. Employees with 10 years continuous service with the Employer shall be paid twelve percent (12%) vacation pay. Employees with 20 years continuous service with the Employer shall be paid fifteen percent (15%) vacation pay. The payment of vacation pay shall be made twice yearly based on the earnings to the last pay date in June and November. The Union and the Employer agree that the 10% of total earnings referred to above include 5% vacation pay and 5% in lieu of Statutory Holiday Pay and 6% vacation pay and 6% in lieu of Statutory Holiday Pay for those individuals with 10 years of continuous service with the Employer.

17.2 Vacation Pay for all new employees shall be six per cent (6%) of gross earnings until such employee acquires one thousand (1000) hours worked.

17.3 The Employer agrees to pay time and one-half (1 Y2 x) payment should an employee be called to work during his/her scheduled vacation period(s). The Employer's management must approve all vacation requests sixty (60) calendar days in advance of each vacation request. If vacation requests are not approved in writing by the Employer's Management, employees shall not be entitled to time and one-half (1 Y2 x) payment.

Article 18 - Wages and Classifications

18.1 Minimum call out shall be four (4) hours. This shall apply only if an employee is called from his home. It does not apply when an employee is at his place of employment.

18.2 When revenue work is performed in the shop for a minimum of four (4) continuous hours, it shall be paid for at the productive work rate.

18.3 The Employer's Chemical Cleaning, High Pressure and Vacuum equipment operators, Helpers and Utility Men working in the Province of Ontario from the Employer's facilities in Samia shall receive the rates as per the following pay schedule within the various classification as defined in SCHEDULE "A".

18.4 Required pre-trip inspections performed by Equipment Operators (Class DZ and AZ Licenses) only shall be paid for at the applicable straight time hourly job rate, 30 minutes per pre-trip. All other pre-trips shall be paid for at the applicable hourly job rate, Y. hour per pre-trip. Notwithstanding the provisions of Article 15 - Hours of Work, pre-trip inspection time shall not be used in determining straight time or overtime payment calculations.

December 1, 2009 December 1, 2010 December 1, 2011 Page 14 of 26

T';

Equipment Operators Class 1 $25.15 $25.65 $26.15

Class 2 $23.89 $24.39 $24.89

Class 3 $22.62 $23.12 $23.62

Class 4 $21.36 $21.86 $22.36

Helper Class 1 $20.10 $20.60 $21.10

Class 2 $18.85 $19.35 $19.85

Class3 $17.59 $18.09 $18.59

Utility Man Class 1 $16.33 $16.83 $17.33

Shop Rates $18.14 $18.64 $19.14 Helper class 1 & 2 and all equipment operators

New Hires may be hired in any classification.

Probationary- 1000 hours shall apply to all new hires in all classifications.

18.4 After one thousand (1 000) hours worked under Class 1 Utility Man, employees will be promoted to Class 3 Helper.

18.5 Advancement from Helper Class 3 to Helper Class 2 will be after employee has worked one thousand (1000) hours under Class 3 Helper and has met all the requirements as listed in Schedule "A".

18.6 Advancement from Helper Class 2 to Helper Class 1 will be after employee has worked one thousand (1000) hours under Class 2 Operator and has met all the requirements as listed in Schedule "A".

18.7 Advancement from Helper Class 1 to Equipment Operator Class 4 will be after employee has worked two thousand (2000) hours under Class 1 Helper and has met all the requirements as listed in Schedule "A".

18.8 Advancement from Equipment Operator Class 4 to Equipment Class 3 will be after employee has worked two thousand (2000) hours under Class 4 Operator and has met all the requirements as listed in Schedule "A".

18.9 Advancement from Class 3 Equipment Operator to Class 2 Equipment Operator will

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'.

be with a minimum of (2000) hours and has met all the requirements as listed in Schedule "A".

18.10 Advancement from Class 2 Equipment Operator to Class 1 Equipment Operator will be by management promotion only.

Please note, a consistent positive attitude towards safety, customers, fellow employees and management is as important as your technical abilities. Keep this in mind on your day to day projects.

The Employer is committed to the continual improvement of our services through employee development. The Employers' Management will assist all employees in their progression of training from all classes.

The above information is to be utilized by employees and management as a guideline only. Promotion to higher classifications will be determined by management only. Employees meeting the criteria outlined in Schedule "A" will be reviewed by management for promotion.

Article 19- Seniority

19.1 Seniority will be based on date of hire, provided he/she has the ability to perform the work assigned within their classification. Seniority records shall be maintained by the employer and shall be posted, and the Union shall be issued a copy on request.

19.2 When a regular employee fails to report for work or is unable to report or must cease work for personal reasons, the Employer may recall employees lay off to fulfil the work assignments of such employee and the replacement employees shall be paid for such days as he was required to replace the employee normally holding that job.

19.2 An employee shall lose his seniority standing (subject to complaint or grievance procedure), and his employment shall be terminated for any of the following reasons:

1. If the employee voluntarily leaves the employ of the employer.

2. if the employee is discharged and not reinstated pursuant to the provisions of the

grievance procedure;

3. if the employee has been laid off for more than one (1) year;

4. if the employee has been laid off for more than two (2) weeks and fails to signify within three (3) working days after he has been notified by registered mail to return to his employment, by the employer through notice addressed to the last address of such employee on record with the employer, or fails to return to work within seven (7) working days of such notice.

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Article 20 - Spare Board System

The Employer will dispatch employees based on their qualifications.

Maintenance work may be assigned to operators if the need arises. However, if an operator refuses shop time to keep his position on the list, the next in line will be offered the shop work.

The Union and Management both encourage multi-schilling to offer more employment to members and to assist management in providing a more productive work force.

Article 21 - Job Postings

21.1 Where new classifications are created or vacancies occur, they shall be posted by the employer on bulletin boards for a period of five (5) working days, working days being Monday to Friday. Job descriptions will be posted on the bulletin boards and will be available upon request. Employees shall apply in writing to the Human Resources Department for such posted classifications.

21.2 All newly created classifications that are not covered by this Agreement shall be negotiated by the employer with the Union before the wages are set for that position.

21.3 An employee who is successful in his bid for a newly created classification or vacancy shall serve a Probationary- 1000 hours.

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Article 21 - Job Postings - cont'd

21.4 When the employer revises existing job descriptions covered by this Agreement, input will be provided from the Union. Advance notification of the revised job description will be forwarded to the Union. The revised job description will be distributed to all employees affected.

Article 22 - Discipline

22.1 In all cases where management holds a formal meeting with an employee the purpose of which is to issue discipline which will form part of the employee's record, the Company agrees that the Union has a right to have a representative present at such meeting.

22.2 Copies of disciplinary correspondence shall be given to the employee involved, the Union Steward and the Union business agent. All disciplinary correspondence, shall not be referred to after a period of twelve (12) months from the date of issuance of such discipline except those involving suspension which shall not be referred to after a period of twelve (12) months from the date of issuance and thereafter any such correspondence shall not be relied upon by either parties excepting as may be necessary for processing and handling of complaints or charges filed outside of this Agreement.

Article 23 - Leave of Absence

23.1 An employee may be granted a leave of absence in writing, maintaining his/her seniority for a period of up to six (6) months. Such request shall not unreasonably withheld by the Employer.

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IN WITNESS AND TESTIMONY of the provisions and terms mutually agreed upon specified in this agreement, the duly authorized and/or representatives from both parties hereby affix their signatures.

DATED THIS JJ DAY OF 111 tiVC ~

ON BEHALF OF: Clean Harbors Energy & Industrial Services Corp.

Signature

Wally Dumont SVP Operations Print name and title

Edmonton, Alberta Address

780 451 8845 ext 206/780 451 2142

Phone #I Fax#

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ON BEHALF OF: International Union of Operating Engineers, Local793

Busines£ anager

e~o'~A ~~

Recording Secretary

~ Business Representative

"

SCHEDULE "A"

CLASSIFICATION

Criteria of Class 3 Chemical Cleaning Helper:

1. Identify and demonstrate the proper operation of the various types of valves. 2. Identify the various types of pipe fittings. 3. Identity the various flange sizes and pressure ratings. 4. Demonstrate the proper installation practices for victaulic piping and fittings. 5. Identify the chemical cleaning equipment, i.e. pumps, flow meter, heat exchanger,

surge tank, scrubber tank, mixing hopper, drum sucker, diaphragm pump. 6. Identify the various types of pumps i.e. Centrifugal, Diaphragm, positive

displacement, drum pumps etc. 7. Demonstrate how to rebuild various types of valves.


1. Understand the chemical cleaning safe work practices. 2. Understand and demonstrate the TOG regulation. 3. Demonstrate the proper operation of centrifugal, diaphragm, reciprocating and

drum pumps. 4. Rebuild centrifugal pumps. 5. Rebuild a diaphragm pump. 6. Demonstrate how to install, replace and adjust pump packing. 7. Operate a reverse flow manifold. 8. Demonstrate tying of knots.


1. DZ Driver License. 2. Identify the rotation of a centrifugal pump. 3. Operate a mixing hopper. 4. Operate a drum sucker. 5. Proper installation of filter units. 6. Demonstrate the installation, operation and trouble shooting of an orbital tank

spinner. 7. Demonstrate proper operating procedures for pumping equipment i.e. including tex

heaters and centrifugal pumps. 8. Demonstrate cold weather operations and practices. 9. Demonstrate the crane signals.

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'"

Criteria of Class 4 Chemical Cleaning Operator:

1. AZ Drivers license. 2. Demonstrate pump emergency shut down procedure. 3. Identify the pump unit components i.e. suction manifold, discharge manifold, load

lines & return line. 4. Understand the chemical cleaning definitions i.e. batch mixing, blend fill, cascade,

circulation, fill and soak, foam cleaning, on-stream cleaning, vapor phase cleaning, slip stream.

5. Understand the pH scale. 6. Calculate volumes for partially filled horizontal tanks. 7. Calculate vertical tank volumes.


1 . AZ Drivers license. 2. Calculate pipe volumes. 3. Understand the chemical compatibility with various metals. 4. Understand the chemical compatibility with other chemicals. 5. Understand the various chemical cleaning terminologies i.e. neutralization,

passivation, mineral & organic acids, corrosion inhibitors, etc. 6. Calculating chemical concentrations of bases and acids. 7. Understand and calculate flow rate and velocity. 8. Understand and demonstrate acid titration methods.


1. AZ Drivers license. 2. Understanding flow patterns and diagrams. 3. Understand and calculate neutralizing procedures. 4. Demonstrate how to set up the various cleaning methods i.e. circulation, cascade,

etc. 5. Demonstrate the various analytical testing procedures. 6. Successfully pass Eveready's Chemical Cleaning Training Course. 7. Employee must demonstrate to Management their proficiency in the following

areas: a) Attitude b) Paperwork c) Safety Awareness

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"


1. Good communication skills to lead and take responsibility for a crew in a safe work practices.

2. Perform daily project paperwork. 3. Proven experience (definition: meet all requirements of a Class 2 Operator) in the

Chemical Cleaning Industry. 4. Employee will demonstrate to management their excellent capabilities in the following

areas: a) Leadership Ability b) Pumping Equipment c) Chemical Blending d) Piping Layout I Requirements e) Chemical Handling I Neutralization

Criteria of Class 3 HPW Helper:

1. Identify the various types of pipe fittings and their pressure ratings. 2. Identify the volume and inlet water supplies requirements for various pump. 3. Identify the various pressure ratings of hoses and proper connection techniques. 4. Understand and demonstrate the operation of pumps up to 3000 psi. 5. Understand and demonstrate how to winterize pumps up to 3000 psi. 6. Identify and demonstrate the use of LP tips. 7. Demonstrate proper hand signals. 8. Demonstrate company policy for the proper use of PPE. 9. Demonstrate company policies for Power Washing, Pressure Washing, Steam

Cleaning - Safety Standards.


1. Understand and demonstrate the operation of pumps up to 10,000 psi. 2. Understand and demonstrate how to winterize pumps up to 10,000 psi. 3. Understand and demonstrate how to set proper pump pressure ratings. 4. Identify and maintain various pump lubrication systems. 5. Identify and demonstrate the proper use of dump guns. 6. Identify and demonstrate the proper use of dry shut off guns. 7. Identify pressure ratings of various rupture discs. 8. Demonstrate the ability to replace rupture discs. 9. Demonstrate company policy for the proper use of PPE. 10. Demonstrate company policies for High Pressure Water Blasting & Surface Cleaning

- Safety Standards.

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1. Demonstrate the use of a 10,000 - 20,000 psi pump. 2. Understand and demonstrate how to winterize pumps up to 20,000 psi. 3. Demonstrate proper use and maintenance of rotary lance attachments up to 20,000

psi. 4. Demonstrate proper use of a foot peddle. 5. Demonstrate company policy operation procedure for hand lance, pencil lines and

rods. 6. Identify and demonstrate the use of HP tips. 7. Demonstrate company policy for the proper use of PPE.

Criteria of Class 4 HPW Operator:

1. DZ Driver License. 2. Identify and demonstrate the various components of a high pressure pump. 3. Identify cavitations and correcting procedures. 4. Employee must demonstrate to Management their proficiency in the following

areas: a. Attitude b. Paperwork c. Safety Awareness

5. Demonstrate company policy for the proper use of PPE. 6. Identify blow out tips up to 20,000 psi.


1. DZ Driver License. 2. Identify and demonstrate the various components of a 40,000 psi pump. 3. Demonstrate the use of a 20,000- 40,000 psi pump. 4. Understand and demonstrate how to winterize pumps up to 40,000 psi. 5. Identify the 40,000 psi pressure rated hoses and proper connection techniques. 6. Identify 40,000 psi connections. 7. Demonstrate the proper installation and use of 40,000 psi connections. 8. Demonstrate company policy for the proper use of PPE. 9. Demonstrate the knowledge of company operating procedures for 20,000 - 40,000

psi pump equipment. 10.40,000 psi certification. 11. Demonstrate company policies for Ultra-High Pressure Water Blasting.

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1. DZ Driver License. 2. Demonstrate the use of an orbital spinner. 3. Demonstrate the knowledge of proper application, set-up and maintenance of rotary

lance and indexer. 4. Demonstrate the ability to operate single and double rotary lance head. 5. Demonstrate the knowledge of operation and maintenance of all high pressure

auxiliary equipment. 6. Successfully pass Eveready's High Pressure Training Course. 7. Employee must demonstrate to Management their proficiency in the following

areas: a. Job Set-up b. Customer Relations c. Paperwork d. Safety Awareness


1 . AZ Driver License. 2. Demonstrate Good communication skills and take leadership responsibility for small

crew. 3. Proven experience in the High Pressure Cleaning Industry. 4. Demonstrate the ability to communicate with the customer the project equipment

requirements and set-up, procedures and techniques to complete the project. 5. The ability to train lower class operators and helpers.

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Criteria of Class 3 VAC Helper:

1. G Driver License. 2. Identify the various types of fittings. 3. Demonstrate the proper set-up of vacuum hoses. 4. Identify the various types of hoses, pressure ratings and connections. 5. Identify and demonstrate the proper use of a breaker box. 6. Identify the various types of Vacuum Trucks i.e. Wet, Dry, Power Vac, Turbo Vac,

Hydro-excavators. 7. Demonstrate company policy for the proper use of PPE.


1. Identify the components of a vacuum truck: a. Tank b. Box c. Pump d. Filtration System e. Hydraulic System f. Safety Valves g. Safety Shutoff Valves h. Flush Tanks

2. Knowledge of the various types of pumps. 3. Identify components of the various types of vacuum pumps. 4. Demonstrate various vacuum hose suction techniques. 5. Identify the hazards of loading products. 6. Demonstrate the crane signals. 7. Demonstrate company policy for the proper use of PPE.


1. Demonstrate how to start a vacuum. 2. Demonstrate the ability to properly shut down the vacuum pump. 3. Basic Knowledge of Vacuum Truck Operations. 4. Understand the chemical compatibility with various metals. 5. Demonstrate the proper installation of vacuum piping. 6. Demonstrate company policy for the proper use of PPE.

Page 25 of 26

Criteria of Class 4 VAC Operator:

1. DZ Driver License. 2. Understand and demonstrate the TOG regulation. 3. Demonstrate company policies for Vacuum Truck Operations- Safety Standards. 4. Demonstrate company policy for the proper procedures for loading. 5. Demonstrate company policy for the proper procedures for off-loading. 6. Explain the importance of placing exhaust hose down wind. 7. Demonstrate the proper installation of truck and tank connections. 8. Demonstrate the ability to pressure off product from wet vacuum. 9. Identify and demonstrate all fluid levels. 10. Demonstrate how to vacuum sludge. 11. Demonstrate the proper dumping practices. 12.1dentify the need for secondary system to support vacuum units. 13. Troubleshooting potential vacuum problems. 14. Employee must demonstrate to Management their proficiency in the following

areas: a. Attitude b. Paperwork c. Safety Awareness


1. DZ Driver License. 2. Understand vertical lift. 3. Demonstrate how to vacuum dry materials. 4. Demonstrate troubleshooting ability resulting from product blockage in vacuum

system. 5. Identify the importance of the filtration system. 6. Identify components of Filtration System:

a. Cyclone separator b. Horizontal Weir c. Sock Filter Type Bag House d. Secondary Filter

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~, l ,,


1. DZ Driver License. 2. Successfully pass Eveready's Vacuum Truck Operator Training Course. 3. Employee must demonstrate to Management their proficiency in the following

areas: a. Job Set-up b. Customer Relations c. Paperwork d. Safety Awareness


1. AZ Driver License. 2. Demonstrate Good communication skills and take leadership responsibility for small

crew. 3. Proven experience in Vacuum Industry. 4. Demonstrate the ability to communicate with the customer the project equipment

requirements and set-up, procedures and techniques to complete the project. 5. The ability to train lower class operators and helpers.

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clean harbors energy&. industrial services corp. and wast… · services corp. sarnia division...

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