collective agreement - ontario...of lafarge canada inc., at its ready-mix plant working in and out...

24
I _, COLLECTIVE AGREEMENT BETWEEN: LAFARGE CANADA INC. SMITHS FALLS READY MIX PLANT hereinafter called the "Employer" OF THE FIRST PART AND INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL UNION NO. 230 hereinafter called the "Union" OF THE SECOND PART Expires November 30, 2019

Upload: others

Post on 18-Jul-2020

5 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

"· I _,

COLLECTIVE AGREEMENT

BETWEEN:

LAFARGE CANADA INC. SMITHS FALLS READY MIX PLANT

hereinafter called the "Employer" OF THE FIRST PART

AND

INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL UNION NO. 230

hereinafter called the "Union" OF THE SECOND PART

Expires November 30, 2019

Page 2: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

ARTICLE 1 - INTENT AND PURPOSE

1.01 The purpose and the intent of this Agreement is to promote cooperation and harmony, to recognize mutual interests, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Employer, to promote efficiency and service, and to set forth herein the basic agreement covering rates of pay, hours of work, dispute procedure and conditions of employment.

ARTICLE 2 - COVERAGE

2.01 The Employer recognizes the Union as the exclusive bargaining agent of all employees of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant), foreman, person above the rank of foreman, office staff and sales staff.

2.02 The Employer agrees not to enter into any agreement or contract with his employees as described in the preceding Paragraph 2.01, individually or collectively, which in any way conflicts with the terms and conditions of this Agreement.

ARTICLE 3 - UNION SECURITY

3.01 The Employer agrees that all present employees covered by this Agreement, except new employees during their probationary period shall, as a condition of employment, become and remain members of the Union in good standing.

3.02 New employees shall make application for membership in the Union at the time of hiring and shall become and remain members of the Union in good standing as a condition of employment as soon as their probationary period has been served.

3.03 The Employer agrees that when new employees are hired they shall sign an application for membership in the Union and also a Union dues and initiation fee deduction form on the date of hire, such forms to be supplied by the Union. The Employer will forward this form to the Union at the same time as Union dues are remitted.

3.04 On receipt of proper authorization, the Employer agrees to deduct the Union initiation fee and the monthly Union dues. Union dues shall be deducted from the first pay due each eligible employee in each month and remitted to the Union on or before the 15th day of the following month. The Employer further agrees, on receipt of proper authorization, to deduct the Union initiation fee in two equal weekly installments within thirty (30) calendar days immediately following the completion of an employee's

2

Page 3: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

. .

probationary period and to remit such deductions to the Union.

3.05 The Employer will, at the time of making each remittance to the Union, specify the employees from, whose pay such deductions were made, and if no deduction is made, specify the reasons.

3.06 If an employee is absent and has not sufficient pay to his credit, his Union dues shall accumulate and shall be deducted upon his return to work.

3.07 The Employer will not be required to dismiss or suspend employees from employment who have been expelled or suspended by the Union unless such expulsion or suspension by the Union was for just cause. Disputes will be subject to the grievance procedure, and arbitration if necessary.

3.08 The Employer shall show the yearly union monthly dues deduction on Employee's T-4 slips.

ARTICLE IV - MANAGEMENT RIGHTS

4.01 The management of the business and the direction of the working force, including the right to plan, direct and control operations, hire, suspend, or discharge for just cause, transfer or relieve employees from duty because of lack of work or for other legitimate reasons, the right to study or introduce new or improved production methods or facilities, and the right to establish and maintain rules covering the operation, a violation of which shall be among the causes for discharge, are vested in the Employer, subject to the provision of this Agreement.

4.02 Whenever the Employer establishes any new rules governing the conduct of the employees, they shall be forthwith communicated to the Union in order that the Union may have an opportunity to protest if it believes that any such rules are inconsistent with the provisions of this Agreement.

4.03 It is understood and agreed that it shall be a condition of employment that each employee should have a telephone in working order.

4.04 As a condition of employment the Union hereby agrees the Employer has the right to obtain a Driver Abstract for all employees as required.

3

Page 4: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

"

ARTICLE 5 - GRIEVANCE PROCEDURE

5.01 Any differences, disputes or complaints arising over the interpretation or application of this Agreement shall be submitted in writing in triplicate, on forms supplied by the Union and signed by the employee. There shall be an earnest effort on the part of both parties to settle such grievance promptly through the following steps.

STEP N0.1 - By a discussion between the aggrieved employee and his immediate supervisor. The employee may be accompanied by his Steward. The immediate superior shall give his decision within five (5) full working days. Failing settlement; then,

STEP N0.2 - Within five (5) full working days following the decision in Step No.1, the aggrieved employee, his Shop Steward and an official or officials of the Union shall meet with representatives of the Employer, at which time the written record of the grievance shall be presented. The decision shall be given in writing within five (5) full working days following this meeting.

5.02 Failing settlement under Step No.2 of any difference between the parties arising from the interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if no written request for arbitration is received within ten (10) full working days after the decision in Step No.2 is given, it shall be deemed to have been abandoned.

5.03 No complaints or grievance may be submitted or considered under the grievance procedure unless it has been presented within five (5) working days from the time of the occurrence of the incident giving rise to the grievance.

5.04 Any complaint or grievance concerning or affecting a group of employees shall be originated under Step No.2.

5.05 Any complaint or grievance arising directly between the Employer and the Union shall be originated under Step No. 2.

4

Page 5: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

5.06 A claim by an employee that he has been unjustly discharged or laid off shall be treated as a grievance and may be taken up under Step No. 2 of the Grievance Procedure provided a written statement of such grievance is lodged with the Employer within five (5) working days after the discharge or lay-off is affected. Such special grievances may be settled under the Grievance Procedure by:

(a) confirming the Employer's action in dismissing or laying off the employee; (b) reinstating the employee with full compensation for time lost; or by (c) any other arrangement which may be deemed just and equitable.

ARTICLE 6 - ARBITRATION

6.01 When either party requests that a dispute be submitted to arbitration as hereinbefore provided, it shall notify the other party in writing and at the same time nominate an arbitrator. Within five (5) full working days thereafter, the other party shall nominate an arbitrator. The parties, by mutual agreement, may elect to select, by agreement, a sole arbitrator. If they are unable to agree upon an arbitrator within fourteen (14) days of the date of notice, either party may request the Ministry of Labour to appoint an impartial arbitrator.

6.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

6.03 No matter may be submitted to arbitration which has not been properly carried through the proper steps of the Grievance Procedure.

6.04 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The Board, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board.

6. 05 The proceedings of the Arbitrator will be expedited by the parties hereto, and the decision of a majority of such Board will be final and binding upon the parties hereto and the employee concerned.

6.06 Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses of the Arbitrator.

5

Page 6: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

ARTICLE 7 - STEWARDS

7.01 The Union shall have the right to appoint or elect a Steward and an alternate to assist employees in presenting their grievances to the Employer, and supervise the administration of this Agreement. The Union agrees that it will keep the Employer supplied with a list of the Stewards and officers and any changes that occur.

It is understood that a Steward's duties shall in no way conflict with his duties to the Employer, and he shall be held responsible for the same quantity and quality of work as other employees.

One recognized Union Steward will have top seniority in his yard, and during seasonal lay-off will be the last man to be laid off or transferred out of his yard provided he can do the work available.

The alternate steward will become the designated steward and have top seniority in the yard for the purpose of daily call-in on the first working day following an absence of the regular steward due to vacation or extended illness of more than one (1) working day. The regular steward will return as the designated steward for the yard upon his return to work.

ARTICLE 8 - NO STRIKE, NO LOCKOUT

8.01 During the term of this Agreement the Union agrees that there shall be no strike, and the Employer agrees that there shall be no lockout.

8.02 The words "strike" and "lockout" as defined in this Agreement shall mean "strike" and "lockout" as defined in the Ontario Labour Relations Act.

8.03 Should any employee encounter a legal picket line, they shall have an obligation to continue work and cross the picket line, unless there is a serious risk to their health and safety.

ARTICLE 9 - HOURS OF WORK - For Employees Paid on an Hourly Basis)

9.01 The work week shall be forty-four (44) hours from Monday through Saturday. Regular hours shall be paid for at straight time rates.

9.02 It is understood that employees shall take one-half hour for lunch without pay during the working period between the fourth hour and to be completed by the end of the

6

Page 7: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

sixth hour worked. An employee shall not be required to take more than such half hour. However, an employee who requires an additional meal period may arrange with the dispatcher for an extra half hour off without pay.

9.03 Time and one-half the regular rate will be paid for any work performed in excess of forty-four (44) hours per week Monday through Saturday.

9.04 Saturday work shall be performed on a wheel system. Employees will be paid at time and one-half times (1.Sx) the hourly rate for all hours worked in excess of 44 hours.

9.05 Double the employee's regular rate shall be paid for all work performed on Sunday.

9.06 To the extent that hours are compensated for at overtime rates under one provision they shall not be counted as hours worked in determining overtime under the same or any other provision.

9.07 Overtime will be equitably distributed among the employees who regularly perform such duties.

9.08 Notwithstanding Articles 9 - 13, all hours for Safety and Educational meetings will be paid at straight time the hourly wage rate and shall not be calculated in overtime hours.

9.09 Notwithstanding the prov1s1ons contained herein, the parties to this Collective Agreement shall, providing it is mutually agreed and reduced to writing, be free to introduce a system which varies the work procedures or work schedule contained in the agreement for a special job or project. In case of emergency or if an ongoing project requires work on Sunday or a statutory holiday as per a customer's requirement, the rate of pay will be established at time and one half upon agreement by both parties. The conditions agreed to for a specific job or project, shall be maintained for the duration of said job or project.

Should either of the parties wish to discontinue the new system, two weeks notice to the ot_her party shall result in the reversion to the provisions contained herein, or such other system as the parties may decide. This article shall not apply to the Incentive Payroll System.

ARTICLE 10 - PAID HOLIDAYS

10.01 The following holidays when not worked shall be paid for at the regular rate of pay. An employee will forfeit pay for the holiday if he has been absent without permission on

7

Page 8: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

the last scheduled shift before the holiday or the first scheduled shift following the holiday, unless such absence is due to bona fide illness. The Employer may require a medical certificate as proof of illness.

New Year's Day Good Friday Christmas Day Family Day

Labour Day Thanksgiving Day Canada Day

Civic Holiday Victoria Day Boxing Day

10.02 The basis of pay referred to in the preceding paragraph shall be nine (9) hours at the straight time rate.

10.03 Notwithstanding the above paragraph, no employee shall be eligible for the holiday pay unless he has worked within the ten (10) day period prior to the holiday and unless he has worked the scheduled shift immediately prior to and immediately after the holiday.

10.04 Double the regular rate shall be paid for all work performed on such a holiday, in addition to the holiday pay, except to those employees whose regular shift work includes the holiday.

ARTICLE 11 - OTHER WORK

11.01 When an employee's' usual work is temporarily not available, he may be required to perform any work which the Employer has for him, with the understanding that when such an employee is assigned to a job with a lesser rate of pay, his regular rate of pay will be continued. This arrangement does not apply to those instances where the employee is assigned to other work because he has not been satisfactorily performing his regular work, or where he is regularly assigned to a lower rated job because of lack of work in his regular job in order to avoid laying him off. In these latter cases the employee will accept the rate of pay for the job to which he is assigned.

ARTICLE 12 - SENIORITY

12.01 New employees will serve a probationary period of ninety (90) calendar days from their date of hire before acquiring seniority rights. Seniority will date back to the last date of hiring with the company within this bargaining unit.

12.02 In all cases of promotion, increase or decrease of working forces, the following factors shall be considered and where (b) and (c) are relatively equal, seniority shall govern:

8

Page 9: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

(a) Seniority (b) Requirements of the job (c) Ability to meet these job requirements and maintain efficient services.

12. 03 The Employer shall maintain seniority records which will be open for inspection by duly recognized representatives of the Union and shall provide the Union with seniority lists on January 15th and June 15th of each year.

12.04 A laid-off employee shall receive their record of employment (ROE) within seven (7) business days of such layoff. An employee recalled to work during this period shall report for work not later than the working day following the day of the recall notice and the recall notice may be by telephone

12.05 Seniority will not be broken due to absence from employment because of sickness, accident or other unavoidable reasons which justify such absence.

12.06 An employee whose normal duties include driving an Employer's vehicle and whose driving license is suspended by Government action for up to twelve (12) months shall be given leave of absence without loss of seniority and without pay until his driving privileges have been restored. Suspension of a driving license for a period in excess of twelve {12) months may, at the discretion of the Employer, result in the discharge of the employee concerned. This does not apply if an employee is driving a company vehicle and has his driving privileges suspended due to impairment charges, this will result in termination.

It is understood that should an employee's license not be reissued due to government administrative delays, the leave of absence will be extended not to exceed two (2) weeks.

Any employee whose normal duties include driving an Employer vehicle, whose license is suspended by government action, must so notify the Employer in writing immediately. An employee who fails to do so shall be subject to disciplinary action up to and including immediate discharge.

12.07 (a) UNION BUSINESS: Any employee requested to attend labour conventions or to serve in any capacity on official union business, shall be granted a leave of absence without pay and without loss of seniority. Such request may be given by a telephone call from the business agent and confirmed by letter from the Union.

(b) PERSONAL REASONS: An employee may apply in writing for leave of absence for legitimate personal reasons. Approval of such a request will be at the discretion of the Employer and shall not unreasonably be withheld. The Employer shall

9

Page 10: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

reply in writing to such requests and forward a copy immediately to the Union .

(c) If an employee returns to the Employer before the established termination date of such leave of absence, he shall work from the bottom of the seniority list. At the expiration of the leave of absence originally granted, he shall be reinstated to his regular place of seniority.

12.08 An employee shall lose seniority and his employment shall be deemed terminated for any employee who:

(a) Voluntarily quits the employ of the Employer; (b) Is discharged and not reinstated through the Grievance Procedure; (c) Is laid off and is not re-employed within one (1) year from the date

of lay-off; (d) fails to return to work within five (5) days after he has been notified by the

Employer by registered mail, or if he fails to advise the Employer within three (3) days thereafter of his intention to return and including a request for extension which shall not extend beyond the number of days required to complete the regular week of work in which the employee was called.

12.09 An employee who is requested to return to work and is not immediately available, may be passed over and a more junior employee may be called instead, subject to displacement by the more senior employee when he does report for work within five (5) days of notification to do so.

12.10 Notice sent by the Employer to an employee's last recorded address shall be sufficient and effective notice.

It is the employee's responsibility to keep the Employer advised as to his address and telephone number and any changes that occur.

12.11 If an employee is transferred out of the bargaining unit, he shall retain the seniority he has accumulated while in the bargaining unit. If such appointment is for a period of one (1) year or more, the employee, on return to the bargaining unit shall count the seniority he had accumulated while in the bargaining unit plus one (1) year's seniority while outside the unit. If the transfer is less than one (1) year, the employee shall count only the time in the bargaining unit plus the period outside the unit.

ARTICLE 13 - DAILY CALL IN

13.01 Employees shall be called in strictly in the order of their seniority Monday to Saturday

10

Page 11: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

as long as he can perform the work available and notwithstanding Article 9.04.

It is agreed that a senior employee, who has not worked eight (8) hours in a day, shall not be sent home before a junior employee, unless he chooses otherwise, while work is available.

A senior employee will not receive less hours of work than a junior employee in the same classification, in a four (4) week period, commencing with the pay period next following January 1st in each year.

Immediately following the four (4) week period referred to in the above paragraph, the Employer agrees to supply the Union Steward with information of hours worked for the latter's use only if so requested.

ARTICLE 14-VACATIONS

14.01 Each employee who has completed their probationary period shall be entitled to vacation benefits based on their years of seniority as follows:

0 through 5th Year - Two (2) Weeks Vacation & 4% of Wages 5th through 10th Year - Three (3) Weeks Vacation & 6% of Wages 11th through 19th Year - Four (4) Weeks Vacation & 8% of Wages 20 years and Beyond - Four (4) Weeks Vacation & 10% of Wages

*based on anniversary of the employee's date of hire.

14.02 Vacation pay calculations are done on a weekly basis.

14.03 Employees who have been laid off for a period of one (1) month or more may not be required to take vacation.

14.04 If a paid holiday falls within an employee's vacation period, he shall be granted another day with pay or a day's pay in lieu thereof. The option shall rest with the Employer and the employees shall be advised of the decision prior to going on his vacation.

14.05 If an employee's employment is terminated for any reasons whatsoever, he will be paid his accumulated credits from the previous July 1st or November 1st, whichever may be the case.

14.06 Vacation pay will be issued on July 1st and November 1st and after a lay-off of thirteen {13) weeks or more if requested.

11

Page 12: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

14.7 Vacations must be taken annually and cannot be accumulated .

ARTICLE 15 - BEREAVEMENT PAY & JURY DUTY

15.01 The Employer will grant upon request, up to three (3) working days leave of absence with pay in the event of the death of an employee's father, mother, wife, child, brother or sister, father-in-law or mother-in-law; and one (1) working day leave of absence with pay in the event of the death of an employee's grandparent. Such leave of absence is not automatic and shall only be granted when the circumstances require for the purpose of attending the funeral or making funeral arrangements.

15.02 An employee who is summoned to serve on jury duty shall be paid the difference between their straight time hourly rate for their regularly scheduled hours and the jury duty pay for each day served, provided proof of service and the amount of pay received for service is presented to the Company. The employee will notify the company immediately upon receipt of notification that the employee will be required to serve on jury duty. Such difference in wages shall be paid for a maximum of one calendar month from the first date of absence related to the jury duty.

ARTICLE 16 - RATES OF PAY

16.01 (a) The Company will implement an Incentive Pay System (IPS) of compensation for RMX Truck Drivers effective April 1, 2013. See Schedule "A" attached to this agreement for all details of the IPS.

Employer agrees to pay, and the Union agrees to accept, for the term of the Agreement the following wage rates for employees:

Dec. 1, Dec. 1, Dec. 1, 2016 2017 2018

Truck Driver $20.65 $21.06 $21.48

Mechanic

• Lead Hand shall be paid forty-five (0.45) cents per hour above his classified rate .

• Trailer -Premium of $0.75 per hour when operating a Trailer Unit.

• Driver Captain-A premium of $1.00/hr.

12

Page 13: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

16.01 (b} Management has the right to hire summer students outside the bargaining unit, as long as such students do not displace bargaining unit members.

16.02 (a} New employees during their probationary period may be paid two ($2.00) dollars an hour less than the above rates.

(b) Upon completion of their probationary period new employees will be paid one ($1.00) dollar an hour less than the above rates for a period of nine (9) calendar months.

16.03 When new types of equipment or new classifications of employment for which rates of pay are not established by this Agreement are put into operation, the rates governing such operations shall be subject to negotiation between the parties, and if such negotiations do not result in agreement, the dispute will be settled as if it were a grievance arising under the provisions of the Agreement.

16.04 Pay will be issued bi-weekly on Fridays by direct deposit.

16.05 Whenever employees are assigned to work out of another plant where the rate of pay is higher, they shall be paid the higher rate of pay as soon as they enter the other plant until the end of the assignment. If they are assigned to a plant with a lower rate of pay they will receive their own rate of pay. This provision does not apply to truck rentals.

ARTICLE 17 - WORKING CONDITIONS

17.01 Employees shall report immediately to the Employer any and all loss, damage or shortage of merchandise or equipment together with a statement of the cause thereof.

17.02 Employees shall report immediately, in complete detail, all accidents, including the names and addresses of all witnesses to the accident.

17.03 Employees shall report promptly to the Employer in writing, all defects in equipment, when completing their run .

17.04 No employee shall be compelled to take out equipment which, in the opinion of the Employer's master mechanic or the deputy named by the Employer, is not in good mechanical condition.

17.05 No employee shall allow anyone other than employees who are on duty to ride in his truck.

13

Page 14: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

17.06 Upon request made to the Employer or his designated representative, an accredited Union official will be granted access to the Employer's premises for the purpose of satisfying himself that the terms of this Agreement are being complied with.

17.07 The Employer will provide bulletin boards in mutually satisfactory locations in all yards for the use of the Union in posting notices of Union activities. Such notices must be signed by an official of the Union and submitted to the Company before posting.

17.08 All trucks will be equipped with an adequate heater, defroster, sun visor and windshield washer.

17.09 Machines operating outside during the winter months shall be equipped with heaters and have adequate cab protection against weather.

17.10 When it is necessary to clean trucks with acid, rubber suits, safety goggles and rubber gloves will be provided by the Employer.

17.11 Employees shall not be required to clean trucks outside in below freezing weather.

17.12 Foremen will not be permitted to do the work of Union members except in cases of necessity or emergency.

17.13 Batching plants shall be ventilated and heated.

17.14 The Employer will provide an adequate lunchroom for all employees.

17.15 Safety boots are a required component of Lafarge PPE Policy. The Safety Boots must be CSA approved, 8 inch boots with laces. The employee must ensure the boots are fully laced up. The Company will pay each Employee, on July pt of each year, Two hundred dollars ($200.00) towards the cost of safety boots provided he has completed his probationary period and who submit a receipt for same.

ARTICLE 18- UNION CO-OPERATION

18.01 The Union and the employees agree to uphold the rules of the Employer in regard to punctual and steady attendance, proper and sufficient notice in case of necessary absence, conduct on the job, and all other reasonable rules established by the Employer and not conflicting with this Agreement.

18.02 The Union agrees to co-operate with the Employer in maintaining and improving safe working conditions and practices; in improving the cleanliness and good housekeeping of the premises, machinery and equipment, and in upholding the laws in reference to

14

Page 15: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

driving.

18.03 The Union recognizes the need for improved methods and output in the interests of the employees and the business, and agrees to cooperate with the Employer in the installation of such methods in suggesting improved methods, and in the education of its members in the necessity for such changes and improvements.

18.04 The Union recognizes the need for conservation and the elimination of waste and agrees to co-operate with the Employer in suggesting and practicing methods in the interests of conservation and waste elimination.

ARTICLE 19- REPORTING ALLOWANCE

19.01 An employee who reports for work at his scheduled time and is not provided with at least three hours work shall be paid for at least four (4) hours.

Any employee called back to work after completing his normal shift and where no prior notice was given shall be paid a minimum of four (4) hours at the applicable rate.

In case of emergency, when the employee is called for at his home or any other place other than the plant area, for work during any hours in addition to his regular work, he shall receive a minimum of four (4) hours pay.

19.02 In the event that an employee is not scheduled to work the following day, he is obligated to be available by telephone till 10:00 am. Employees shall be called in order of seniority. If an employee is notified after 10:00 am but unavailable they will not be subject to discipline and other employees will be called in by order of their seniority.

ARTICLE 20 - WELFARE PLAN

20.01 During the lifetime of this Agreement, the Employer agrees to pay the cost of the premiums for the following:

The Employer agrees to pay premiums to a group insurance carrier to provide the following benefits: {NOTE: This article reflects a brief overview of the benefits provided, for more details please refer to the Employee Benefits Summary and/or Booklet)

(a) Group Life Insurance in the amount of Forty-Eight Thousand ($48,000} dollars.

15

Page 16: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

..

(b) Accidental Death and Dismemberment Insurance in the amount of Forty-Eight Thousand ($48,000) dollars.

(c) Weekly Indemnity equivalent to 67% of earnings up to E.I. maximum on a 1/1/8/26 basis.

• All rebates accrue to Employer to provide benefits.

• Long Term Disability Insurance upon the expiration of the Weekly Indemnity Insurance to provide a benefit of 67% of earnings up to one thousand dollars ($1000.00) per month.

(d) A Major Medical Plan, based on 80/20 co-insurance, to include a local ambulance service, hospital room supplement (includes private coverage).

(e) Prescribed eyeglasses to a maximum of One Hundred and Seventy Five Dollars ($175) every two (2) years.

(f) A Dental Plan based on 80/20 co-insurance basic services and 50/50 coinsurance for restorative with a $3,000 annual maximum based on current year 0.D.A. fee schedule.

20.02 Five (5) days of work per month shall entitle any employee who has served his probationary period to the coverage outlined in 20.1.

20.03 A new employee will be covered by these benefits effective the first day of the month coincident with or following his date of hire.

20.04 An employee absent because of a layoff may maintain benefit coverage (except for Weekly Indemnity, LTD, and Travel Insurance) for a period of six (6) months, provided that he maintains his seniority during this period, that he prepays the full monthly premiums or contributions and that the insurance carrier will accept the coverage. Any default in one prepayment by the employee shall terminate automatically the coverage for welfare.

The foregoing is subject to the terms of the plan(s) in each case, including the eligibility requirements as established under the plan(s). To be eligible for any increases in the amount of benefit of any plan, employees must be actively at work on the date of the change; otherwise, the increased benefit or coverage becomes effective upon the employee's return to work.

16

Page 17: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

' . .

20.06 Pension Plan

Effective the first day of the month after ratification and for the duration of the agreement, the Employer agrees to pay a pension contribution of two dollars ($2.00) per hour worked including hours paid for a Statutory Holiday for each eligible employee into the Teamsters & Toronto Vicinity Pension Plan, administered by Benefit Plan Administrators (BPA) which shall be jointly and equally trusted.

The Employers contributions will be increased to two dollars and five cents ($2.05) December 1, 2017 and two dollars and ten cents ($2.10) December 1, 2018.

(a) New employees shall be eligible for pension fund contributions upon completion of ninety (90) days employment.

(b) An employee recalled after one (1) month of lay-off or more shall receive a contribution for pension for the calendar month in which he is recalled provided he works seven (7) days or more in the month, otherwise he shall receive a contribution for first of the month provided the employee has worked five (5) days of the month following his return to work.

ARTICLE 21 - DURATION OF AGREEMENT

21.01 Unless changed by mutual consent, the terms of this Agreement shall continue in effect until November 30, 2019 and shall continue in effect automatically thereafter for annual periods of one (1) year each unless either party notifies the other in writing within the period of three (3) months immediately prior to the expiration date that it desires to amend the Agreement.

21.02 Negotiations shall begin within fifteen (15) days following notifications for amendment as provided in the preceding paragraph.

21.03 If, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this Agreement prior to the current expiry date, this Agreement shall continue in full force until a new Agreement is signed between the parties or until conciliation proceedings prescribed under the Ontario Labour Relations Act, have been completed, whichever date should first occur.

Dated at 4(j(!/A,._, this $ day of September dof Z.

IN WITNESS WHEREOF each of the parties hereto have caused Agreement to be signed by its

17

Page 18: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

duly authorized representatives as of the date and year first above written.

FOR THE EMPLOYER:

LAFARGE CANADA INC. ION 230

/ Lia, t 4 0/-lhd{ ~1AJ ~~

18

Page 19: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

,. '

SCHEDULE A

Smith Falls Ready Mix Collective Agreement

INCENTIVE PAYROLL SYSTEM

Incentive Payroll System: is a compensation system whereby employees in the Driver classification are paid for loads of ready mix concrete hauled/delivered as opposed to paid through regular hourly rates of pay. The IPS Zone rate includes all normal driver and delivery related duties associated with ready mix haulage.

Zones: clear geographic areas within the scope of this collective agreement to which Ready Mix concrete is delivered. There are three different Zones for deliveries, Zone 1, Zone 2 and Zone 3.

Zone Maps: maps which set out the geographic Zones of the haulage area.*

*Zone Maps to be Finalized within 4 Weeks of Ratification General Guideline as Follows: Zone l = 0 to 20 kms from Plant Zone 2 = 21 to 40 kms from Plant Zone 3 = More than 41 kms from Plant

Incentive Payroll System Rates: There are three different rates for ready mix haulage and delivery set out through the agreement, and they will pertain to the specific zone in which the ready mix concrete is being hauled. These rates and the IPS alternate compensation will continue to be in effect for the duration of this Collective Agreement.

Zones

Zone 1

Zone 2

Zone3

Rates

$58.00

$62.00

$66.00

Deadheads: A term used to described "one way" non-productive trips when ready mix trucks carry no load and are mobilized between Plants/operations of the Employer or as assigned by the Employer and when employees in the Driver classification will be compensated through payment of a Deadhead Rate.

19

Page 20: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

' .

Deadhead Schedule: A Schedule of Rates payable when trucks are mobilized as per the definition under Deadheads from the Smiths Falls Ready Mix Plant to another Plant, and are set out in the Deadhead Schedule.

Deadhead Rates: Flat rate of $14.00 is payable to Drivers for one way Deadhead travel between Smiths Falls and Moodie Drive, Kemptville, and Brockville Plants. A flat rate of $24.00 is payable to Drivers for one way Deadhead travel between Smiths Falls and Renfrew, Pembrooke, Bearbrook, and Cornwall Plants. In cases when a truck is mobilized from one plant to another and when the truck carries a load, then the IPS rate will apply.

Regular Hourly Rates of Pay: The Regular Hourly Rates of Pay will be paid to all drivers when performing non-delivery related work at the Plant or for training scheduled by the Employer. Examples (while not all inclusive) when the regular hourly rate of pay will be triggered and paid are as follows:

• Assigned maintenance duties at the plant (beyond incidental maintenance which is considered part of normal Driver work).

• The spring start-up safety orientation session.

• Safety training and programs such as WHMIS and Confined Space.

• Participation in Labour-Management Meetings.

Minimum Call-In: In cases when employees in the Driver classification are called in to work on an IPS basis, and there is/are no deliveries or alternate "non-driving", a flat rate of $80.00 will be paid and the employee must remain at the plant for the four hour period. After the four hour period the incentive Payroll System will apply in addition to the call in already paid.

Truck Rentals: When Drivers are assigned to truck rentals and haul out of plants beyond the scope of the agreement where there are no IPS compensation systems in effect, the Driver/Loader will be paid their normal IPS rate. When IPS compensation systems are in effect at the other plant, then the drivers will be paid their own IPS rate or the IPS rate at the other plant, whichever is greater.

In situations when Drivers are required to go on truck rentals to other plants beyond the scope of the agreement, such assignments will be offered, where practical, in order of seniority, however if the employee requirement for truck rental assignment is not met, employees will be assigned in inverse order of seniority.

Other Rate Structures (Per Occurrence):

• Driver Trainer per load $10.25 per load

20

Page 21: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

. . · ' ..

• Driver Trainer per Day $100.00 plus load pay is also paid

• Split load $15.00*

* The chute must be placed in a non-deliverable position and the distance between the loads must be greater than 3km.

Guarantee for the Life of this Agreement

The hourly rate for drivers on the Incentive Payroll System will be the rate set out in Article 16. The Employer guarantees that each driver will not make any less money on the Incentive Payroll System than they would have on an hourly/overtime system. If within the two week cycle, the Employer has to make up any differences to the driver, it will be paid in the next pay period .

Management will convene a meeting with the drivers every two weeks to discuss any issues concerns, or improvements that may have to be made to the Incentive Payroll System. Both parties will put forth their best efforts to ensure the success of the Incentive Payroll System.

If during the life of this Agreement the Load Rates have to be changed upward or the Zones have to be changed, the Union will be consulted.

Dated and signed this5th Day of September, 2017.

Fogrf:ploy~ ~4--

21

Page 22: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

'\ ·. ·'. ','

LETTER OF AGREEMENT# 1

BETWEEN:

LAFARGE CANADA INC.

SMITHS FALLS READY MIX PLANT

And

INTERNATIONAL BROTHERHOOD OF TEAMSTERS

LOCAL UNION NO. 230 UNION

RE: EXCESS HOURS OF WORK AGREEMENT

The parties hereto agree as follows:

1. The parties acknowledge that:

• The company operates a Ready Mix Plant at Smiths Falls, Ontario.

(the "Company")

(the "U_nion")

• The Union has bargaining rights for certain employees at the above-noted facility (the "Employees") and the parties have entered into a collective agreement in effect until August 31, 2019 (the "Collective Agreement") for the above-noted facility;

• Occasionally the Employees work hours in addition to their regular work hours (as either specified or agreed upon as such), which may result in the Employees working hours in excess of the maximum daily and/or weekly hours of work permitted by subsection 17(1) of Ontario's Employment Standard Act, 2000, S.0. 2000, c.41, as amended (the "ESA, 2000").

2. The parties enter into this excess hours of work agreement in accordance with subsections 17(2) and (3) of the ESA, 2000 in order for the Company to permit the Employees to work hours in excess of the maximum daily and/or weekly hours of work as permitted by subsection 17(1) of the ESA, 2000 and the provisions of the Collective Agreement.

22

Page 23: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

3. From time to time and as may be required by operational needs, Employees may be scheduled and/or offered the opportunity to voluntarily work hours in addition to their regular work hours. The Employees may work these additional hours up to a maximum of 13 hours per workday and/or 60 hours per work week; (except where there are emergency circumstances for working beyond these limits in accordance with section 19 of the ESA, 2000).

4. Either party (the Company or the Union) may terminate this Agreement two (2) weeks after providing written notice to the other party of their intent to do so.

Dated this ___£:__ day of September, 2017.

For the Company:

LAFARGE CANADA INC. SMITHS FALLS READY MIX PLANT

Robert(Rob)Gagnon

For the Union :

INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL NO. 230

Ja/di Ken Hall

Randy Doner

23

Page 24: COLLECTIVE AGREEMENT - Ontario...of Lafarge Canada Inc., at its Ready-Mix plant working in and out of the Smiths Falls, save and except batcher (also known as plant superintendant),

~FARGE EMPLOYEE and LABOUR RELATIONS

May 3.2017

Ken Hall

Teamsters Local Union 230

Sir,

Re: Volumetric Unit

This will confirm our discussions during the negotiations to renew the

Collective Agreement that when the Volumetric Unit is operated by a driver under the Smith Falls Ready Mix Collective Agreement that driver will be paid a premium of seventy - five cents ($0. 75) per hour for the hours in which the

truck is operated .

Yours truly,

Lafarge Canada Inc.

Jean J Martel

Senior Director - Employee and Labour Relations

cc: Robert Gagnon