i between: i vineland quarry a division of walker ......union dues receipt, if the receipt reads bad...

I I I I I I I I

I I I I I I

COLLECTIVE AGREEMENT

BETWEEN:

VINELAND QUARRY A division of Walker Aggregates Inc.

(herein referred to as the "COMPANY")

·and·

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the

International Brotherhood of Teamsters (hereinafter referred to as the "UNION")

OCTOBER 16, 2012- OCTOBER 15, 2014

I ':1 ' ·,' ;!!

FEB 2 0 2013

COLLECTIVE BARGAINING ltif=()RMA JION SERVICES

Ministry of labour Dispute Resolution Services Collective Bargaining Information Services

File No.:

Cert. File:

Cert. Date:

Total Emps.:

Effective Date:

Expiry Date:

Received From:

Union: D Em pl.: D Other· D Proc0l'Sed by:

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CHANGE OF ADDRESS

Dear Brothers/Sisters:

We require up-to-date addresses for all of our Teamster members. When you receive your Union dues receipt, if the receipt reads BAD ADR this means BAD ADDRESS or INCORRECT ADDRESS.

If your dues receipt reads BAD ADDRESS, or the address on the receipt is incorrect, please let us know by either mailing in a correct address to TEAMSTERS LOCAL NO. 879, 460 Parkdale Avenue N., Hamilton, Ontario, L8H 5Y2 or by calling the Hamilton office at:

(905) 547-3231 or 1-800-528-8879

Your assistance in this matter would be appreciated.

ATTENTION TEAMSTERS LOCAL 879 MEMBERS

.It is extremely important that if you receive a jobrelated injury the . following steps and recommendations be follo\Ved enabling the W.S.I.B. to process your reports in a timely fashion.

Important WSIB Information All Members Should Know:

1.

2.

3.

4.

5.

6.

7.

How to Report an Incident and/or Accident

"Steps to Follow in Case of Injury"

INCIDENT AND/OR ACCIDENT: Report immediately to supervisor, (foreman) and union steward. If Doctor or health care professional suggest time off, get it in writing at the time it is recommended. REPORT INJURY PROPERLY: Workers reporting incidents and/or injuries must always include: time, place, type and cause of injury, full names of witnesses and a full explanation of how the injury occurred and what they were doing. COLLECT WITNESS INFORMATION: Have your witnesses write down what happened, date, time, and sign it. When reporting an incident and/or injury it is in your best interest to have a job steward or witness present. BE CONSISTENT IN YOUR REPORTS: You have to fill out first-aid, employer, hospital admittance, emergency room doctors and your own doctors' reports. WSIB will receive copies of all reports. LET PEOPLE KNOW OF YOUR PAIN: This helps document injuries that are not visible or seem inconsequential at the time. KEEP ALL CORRESPONDENCE: Keep a journal of all conversations with WSIB. Keep short notes of what both parties have said. Take copies of all correspondence and keep a copy for your personal file. KEEP COOL: When talking to the WSIB, stay cool. The Board documents all incidents.



UNION DUES RECEIPTS

Please be advised that receipts for Union dues are sent to your Steward, generally the Chief Steward.

If you have not received your dues receipt, check with your Steward.

Should you have any questions in this regard, contact the dues department in the Teamsters 879 Hamilton office at 547-3231 or 1-800-528-8879.

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MEMBER'S REMINDER

APPLICATION FOR WITHDRAWAL

Application for a withdrawal card must be filed with the Union office within ten(1 0) days by the member who has been laid-off, terminated or is discharged from the Company, including sickness, accident or leave-of-absence.

THIS IS THE SOLE RESPONSIBILITY OF THE MEMBER.

Members who fail to file an application .for withdrawal with the Union office .. will immediately fall into arrears.

Should a member return to work at any time during this period the withdrawal application . will become null and void, and if once again absent for work for any reason must re-apply for withdrawal.

Applications for Withdrawal are to be sent to:

TEAMSTERS LOCAL UNION NO. 879 460 Parkdale Ave. N.

Hamilton, Ontario L8H 5Y2 Phone: (905) 547-3231

Fax: (905) 545-4633


I I "INDEX"

I ARTICLE PAGE

1 Purpose 1

I 2 Recognition 2 3 Management Functions 2 4 Union Security 3

I 5 Discrimination 5

6 Stewards 5

I 7 Grievance Procedure & Arbitration 6 8 Seniority 8

I 9 Strikes and Lockouts 11 10 Bulletin Boards 11

I 1-1 Wages 11 12 Other Work 12 13 Reporting Allowance 13

I 14 Hours of Work and Work Week 13 15 Vacation Pay 14

I 16 Paid Holidays 16 17 Health & Welfare 17 18 General 18

I 19 Supervisors 22 20 Leave of Absence 22

I 21 Equipment 23 22 Hired Equipment 24 23 Casual and Part-time Help 25

I 24 Pension Plan 25 25 Negotiating Committee 26

·I 26 Duration 26

I

Letter of Understanding .................................. . Letter if Understanding .................................. .

28 29



COLLECTIVE AGREEMENT

BETWEEN:

VINELAND QUARRY a division of Walker Aggregates Inc.

(herein referred to as the "COMPANY'?

-and-

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the

International Brotherhood of Teamsters (hereinafter referred to as the "UNION")

ARTICLE 1 - PURPOSE

1.1 The Company and the Union each agrees that the purpose and the intent of this Agreement is to promote co-operation and hannony; 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 set forth herein the basic Agreement controlling rates of pay, hours of work, dispute procedure and conditions of employment.

1.2

1.3

There shall be no effort by either signatory to misinterpret, read into, or delete from any of the provisions of this Agreement.

The parties recognize that the success of the Company and the job security of employees depend

2

upon the Company's success in producing quality products efficiently, economically and productively. To this end, the Union supports the Company's objectives for the well-being and increased productivity of employees, the economy of operation, the elimination of inefficiencies and the improvement in the quality of products. Accordingly, the parties are committed to foster a working environment based on respect, cooperation and personal responsibility.

AR.TICLE 2 - RECOGNITION

2.1 The Company recognizes the Union as the exclusive bargaining agent for all employees of Vineland Quarry working at or out of the Town of Lincoln, Regional Municipality of Niagara, save and except foremen, dispatchers, persons above the rank of foreman and dispatcher, office and sales staff and persons regularly employed for not more than nine (9) hours per week and students hired during the school vacation period.

ARTICLE 3 - MANAGEMENT JFUNCTIONS

3.1 The Union recognizes that the Company has the

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exclusive right to manage the business and to rnl exercise all of the customary prerogatives of lJJ Management, subject to the provisions of this Agreement. ~

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ARTICLE 4 - UNION SECURITY

4.1

4.2

4.3

The Company agrees that all present employees covered by this Agreement, except new employees during their first sixty (60) days worked of employment, shall as a condition of employment become and remain members of the Union in good standing.

All employees hired on and after the date of the signing of this Agreement shall, as a condition of their employment, become members within sixty ( 60) days worked from their date of employment, maintaining such membership in good standing for the duration of the Agreement, providing that their employment is satisfactory to the Company and .their membership acceptable to the P:Dion.

The Company shall deduct weekly Union dues (biweekly at twice the weekly dues, if applicable) from each employee's pay, including probationary employees, under the formula as prescribed by the Local Union, and shall remit such monies to the Local Union in the amount so deducted under this provision no later than the fifteenth (15th) day of the succeeding month, listing the employees from whose pay such deductions have been made and also the names of any employees covered by this Agreement who have left the bargaining unit since the last payment. In no case will the monthly remittance per employee be less than four times the weekly dues. During the term of this Agreement such deduction authorization shall be irrevocable.

An employee off work, for any reason, shall have Union dues deducted in double upon his/her return to work until the employee's dues are paid up-to-date,

4.4

4.5

4.6

4.7

4

so that the end of the year the employee has paid Union dues for 52 weeks (or the equivalent of his weeks of employment with the Company).

All employees hired shall as a condition of continued employment authorize the Company to deduct the amount equal to the Local Union's Initiation Fees in instalments of twenty-five dollars ($25.00) from the first two (2) pays after the completion of the probationary period. This deduction shall continue until the Initiation Fee is paid in full. The Company agrees to remit such monies so deducted to the Head Office of the Local Union, along with a list of the employees from whom such money was deducted, at the same time as the Union Dues are remitted. Upon termination of employment of an employee, his Dues Deduction Authorization form shall be returned to the Union within four (4) working days.

The Union will supply the Company with Initiation Authorization forms, Application for Membership forms, Dues Deduction Authorization forms, and Health & Welfare enrolment forms, all of which shall be signed by all new employees before the end of the probationary period.

All completed Application for Membership forms ~ and Health & Welfare forms shall be returned to the Union and shall serve as additional notification of commencement of employment.

Upon proper notification from the Union, the Company shall deduct arrears of Union dues from employees.

The Company shall show the yearly Union monthly dues deductions on employees' T4 slips.


4.8

5

Bargaining unit employees will not suffer any shortage of work or any ·layoffs as a result of the subcontracting of work covered by the job classifications in this Collective Agreement, provided that such employees are qualified to do the available work.

ARTICLE 5 - DISCRIMINATION

5.1 No person shall be refused employment or in any manner be discriminated against or coerced, restrained or influenced on account of membership or non-membership in any labour organization.

5.2 Representatives of the Local Union shall get permission of a Company representative to enter the Company's premises for the purpose of administrating this Agreement. Such permission shall not be unreasonably withheld and there shall be no interference with the progress of work or operations.

ARTICLE 6 - STEWARDS

6.1

6.2

The Company acknowledges the right of the Union to appoint a sufficient number of Stewards to cover operations.

It shall be the Steward's duty to process grievances as outlined in Article 7 of this Agreement. The Steward may also discuss Union membership with a new employee within thirty (30) calendar days of his employment. If the Steward wishes to leave his position of work to conduct Union business, permission must be obtained from the Quarry Superintendent, such permission shall not be

6

unreasonably withheld.

Should the Company believe that the Steward's activities are affecting the quantity and quality of either the Steward's work or the work of other employees, the Company shall contact the Business Agent of the Local Union and register a grievance.

6.3 The Union will inform the Company, in writing, of the name of the Steward and any subsequent change in the name of the Steward. The Company shall not be asked to recognize any Steward until such notification from the Union has been received.

6.4 The Company will notify the Union by registered mail or telegram prior to the suspension or discharge of a Steward. Failure of the Company to comply with this procedure shall render the dismissal or suspension null and void.

6.5 The Steward shall be the last man to be laid off in the event of a lay-off, provided he has the necessary qualifications to the work in question.

6.6 The Steward shall be paid his normal rate of pay for all time spent processing grievances during normal working hours, payment for hours outside normal working hours shall be subject to acceptance by the Company.

ARTICLE 7- GRIEVANCE PROCEDURE & ARBITRATION

7.1 In this Article, a grievance shall consist only of a dispute concerning interpretation and application of any clause in this Agreement; alleged violations of the Agreement and discipline or discharge of employees without reasonable cause. If any question

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arises as to whether a particular dispute is or is not a grievance· within the meaning of these provisions, the question may be taken up through the Grievance Procedure and determined if necessary, by Arbitration. There shall be an earnest effort on the part of both parties to settle such grievance promptly through the following steps:

(a) STEP 1 R By conference between the aggrieved employees' Steward and a representative of the Company, such conference to be held within three (3) days of the request by the employee or the Steward to the representative. Such request shall not be made more than five (5) days after the event which gives rise to the grievance. The representative of the Company shall give his answer within three (3) days of the presentation to the conference.

(b) STEP 2 -Failing settlement in Step I, the Steward shall, within five (5) days of the Step 1 answer, present the grievance in writing to the Company. Within ten (1 0) days of such presentation, the Management of the Union will meet with the Steward and a representative of the Union. The answer of the Management (or the Union; in the case of a Company grievance); shall 'Qe delivered m writing within five (5) days of the meeting.

(c) STEP 3 -ARBITRATION

Failing settlement in Step 2, either party shall, within ten (1 0) days of a response to Step 2, give notice of their intent to take the grievance(s) to a sole Arbitrator. Should the parties fail to agree on the selection of a sole Arbitrator, who is able and willing to serve, they shall request the Minister of Labour of the Province of Ontario to appoint an Arbitrator.

8

(d) The Arbitrator, when selected or appointed, will proceed as soon as practicable to examine into and determine the complaint or controversy at issue and the findings of the Arbitrator shall be final and binding upon both parties.

(e) Each of the parties hereto shall share equally the expenses of sole Arbitrator.

(f) The Arbitrator shall not have jurisdiction to alter, add to, or take away any provision of this Agreement. The Arbitrator shall, however, have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Arbitrator.

7.2 In this Article 7, "days" shall not include Saturdays, Sundays or Holidays, and shall be full working days.

7.3 Grievances dealing with discharges and suspensions shall be registered in writing within seventy-two (72) hours (Saturdays, Sundays and General Holidays excluded) from the time of the discharge or suspension, and shall commence with Step No.2 of the Grievance Procedure.

7.4 Wherever possible, the Arbitrator will, at one meeting, hear as many accumulated gnevances as possible.

ARTICLE 8 -SENIORITY

8.1 The purpose of seniority regulations is to provide a policy governing layoffs and re-hirings. In the event of the reduction of the working force, the Company shall apply the principle of "last on, first off', insofar as it is consistent with the Company's obligation to maintain an efficient working force. Following a


8.2

8.3

8.4

8.5

8.6

9

lay-off, rehiring shall be executed conversely to the outlined lay- off procedure. Seniority of employees will date from the time of their being hired by the Company.

In the event of a lay-off, the member Company shall consider:

(i) the seniority of the employees;

(ii) certification, knowledge of the job

(iii) and when factor (ii) is relatively equal, factor (i) will govern.

All job vacancies shall be posted and the senior qualified employee who applies (subject to qualifying provisions of 8.2) will be allowed to move to the vacant position.

In the event of a lay-off, before laying off employees out of seniority (after acquired}, the Company will notify the Union Steward as soon as possible.

The seniority list shall be prepared and posted by the Company when changes occur, and a copy will be made available to the Union Business Agent and the Steward.

Employees shall be considered probationary until placed on the seniority list after sixty ( 60) days worked. If because of sickness or accident an employee is off work after having been placed on the seniority list, for purposes of seniority rating, he shall be listed according to his date of employment. This provision shall . not pertain to part-time employees.

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8.7

8.8

8.9

10

Those promoted to supervisory positions, or those positions not subject to this Agreement, will retain their seniority after promotion for a period of twelve (12) months only. If they voluntarily request reinstatement to their former position m the bargaining unit, within the twelve (12) month period, the time served in the supervisory position shall be included in their seniority rating.

Seniority once established for an employee shall be forfeited under the following conditions:

(1) if he voluntarily quits.

(2) if he is discharged for any cause, and not Q re-instated through the grievance procedure.

(3) if he is laid off for a period of more than eighteen (18) months.

(4) if he fails to report for work within five (5) days after being notified by Registered Mail to return to work following a lay-off or fails to notify the Employer within five (5) days after receipt of notice of his intention to report to work.

(5) failure to report to work for three (3) consecutive days without notifying the Company shall constitute an automatic quit.

It shall be the duty of each employee to notify the Employer promptly of any change to his address. If an employee shall fail to do this, the Employer will not be responsible for failure of a notice to reach such employee.


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ARTICLE 9 - STRIKES AND LOCKOUTS

9.1 During the term of this Agreement, the Union agrees that there will be No Strike and the Employer agrees that there will be No Lockout.

ARTICLE 10 - BULLETIN BOARDS

10.1 The Company agrees to permit posting of any notices of Union meetings or functions on a Bulletin Board in each yard conspicuously placed and provided for that purpose and signed by the Steward or office of the Union.

ARTICLEU- WAGES

11.1 The Employer agrees to pay the following wages:

Tierl

CLASSIFICATION

Licensed Heavy Duty E ui ment Mechanic Head Welder Welder

Pitman Welder Loader 0 erator Driller

Mechanic A rentice Pitman

OCT.16 lOll

$27.00 $24.98 $24.73 $24.73 $24.61 $24.38

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$24.02 $24.02

OCT.16 l013

$27.45 $25.43 $25.18 $25.18 $25.06 $24.83 $24.74 $24.58 $24.47 $24.47

See Letter of Understandin

Tier2

CLASSIFICAT][ON

Licensed Heavy Duty E ui ment Mechanic Head Welder

ort

Pitman Welder Loader 0 erator Driller Truck Driver Plant Operator

Mechanic A rentice Pitman

OCT.16 2012

$27.00 $22.98 $22.73 $22.73 $22.61 $22.38 $22.29 $22.13

12

OCT.16 2013

$27.45 $23.43 $23.18 $23.18 $23.06 $22.83 $22.74 $22.58

*All new employees hired after October 16, 2010, the wage chart above will reflect their wages.

~ 11.2 When new job classifications for which rates of pay ~

are not established in this Agreement (11.1) are put into use, rates of pay governing such operations shall be subject to negotiations between the parties.

ARTICLE 12 " OTHER WORK

12.1 An employee temporarily transferred to a higher rated position, for more than two (2) hours, shall receive the higher rate of pay for the entire shift.

12.2 An employee temporarily transferred to a lower rated position shall not have his rate reduced if the transfer is at the request of the Company. This section 12.2

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12.3

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shall not apply if it is due to a reduction of the working force.

On temporary transfers, the Company will give consideration to qualified men in order of seniority.

ARTICLE 13 - REPORTING ALLOWANCE

13.1

13.2

Any employee who reports for work and is not provided with at least five (5) hours work shall be paid for at least five (5) hours at his normal rate, if the employee works into the second half shift, he shall be paid for the full shift of eight and one-half (8-1/2) hours.

He may be assigned to any duties that are available for these hours. The provisions of this Article do not apply where the employee has been notified not to come into work one ( 1) hour before his scheduled starting time.

An employee called in outside of this regularly schedule working hours to do emergency work shall be paid the equivalent of a minimum of four ( 4) hours pay.

I ARTICLE 14 - HOURS OF WORK AND WORK WEEK

I I I

14.1

14.2

Employees may be worked at straight time rates for eight and one-half (8-1/2) hours per day/forty-two and one-half ( 42-1/2) hours per week, Monday through Friday.

All hours worked outside of scheduled straight time hours shall be paid for at the rate of time and one-half

14.3

14.4

14.5

14.6

14.7

14.8

14

0 (1-112) the employee's regular rate.

All hours worked on Saturday shall be paid for at the a rate of time and one-half (1-1/2) the employee's regular hourly rate.

All hours worked on Sunday shall be paid for at the rate of double time the employee's regular hourly rate.

Employees shall take one-half (112) hour for lunch without pay between the fourth (4th) and sixth (6th) 11 hours worked. l1l

The Company will provide hot meals between 4:30 ~ p.m. and 5:30 p.m. to all employees who are scheduled to work overtime in excess of three (3) nii hours, or if not practicable, the Company will pay ten lfu dollars ($1 0.00) meal allowance.

Employees will be allowed two (2) ten (1 0) minute ~ , rest periods without loss of pay, one in the first half of the shift and one in the second half and as close as lid!,

possible to the middle of the shift. ~

Any regular scheduled shift commencing after 12:00 [] p.m. (noon), shall be deemed to be an off shift and t] employees working on such shifts shall receive an offshift premium of fifty cents ($0.50) per hour for all nnr.

hours worked after 3:00 p.m. W

ARTICLE 15- VACATION PAY rn 15.1 An employee shall receive vacation with pay on the ~

following basis: rn

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15.2

15.3

15.4

Length of Service as at June 30th Vacation

Up to 1 year 1 week

1 year but less 2 weeks than 5 years

5 years but less 3 weeks than 10 years



30 years or more 6 weeks

15

Pay as a Percentage of earnings in the

year ending June 30

4 percent

4 percent

6 percent

8 percent

10 percent

12 percent

The Company will schedule vacations and will consider an employee's wishes based on his seniority. An employee shall be entitled to two (2) weeks of his vacation in the period June 1st to September 30th.

The Company shall post a vacation wishes notice in the middle of March each year with a view of having vacation schedules posted by May 1st.

Vacation pay cheques shall be issued twice yearly after June 30th covering the December 1st to June 30th period, and after November 30th covering the July 1st to November 30th period.

If an employee's employment is terminated for any reason whatsoever, he will be paid his accumulated vacation credits, calculated from the previous vacation period.

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~ 15.5 Employees while on vacation cannot be required to fl.

report for work. l1J

ARTICLE 16 - PAID HOLIDAYS

16.1 The following paid holidays, regardless of when they fall, will be granted to all employees with pay excepting those who have not completed the probationary period:

16.2

16.3

16.4

New Years Day Good Friday Canada Day Labour Day Day before Christmas Boxing Day

One Floating Day

Family Day Victoria Day Civic Holiday Thanksgiving Day Christmas Day 1 day between Christmas and New Years Day

The basis of payment will be scheduled straight time hours pay at the prevailing straight time rate. If any of the above-named holidays are worked, they shall be paid for at time and one-half (1-1/2) in addition to the holiday pay. An employee will forfeit pay for the above holiday if he is:

absent on his scheduled day immediately before or immediately after the holiday unless excused by the Company for bona fide illness or lllJUry.

An employee will be paid for the above holidays if he has worked within twenty-one (21) calendar days prior to the holiday.

If a paid holiday falls within an employee's vacation

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period, he shall be granted another day with pay or a day's pay in lieu thereof. The option shall rest with the Company and the employee shall be advised of the decision prior to going on his vacation.

ARTICLE 17 - HEALTH· & WELFARE

17.1 a) During the life of this Agreement, the Company agrees to provide pay the premiums for coverage for regular employees on reaching seniority, under the insurance plans set out below subject to their respective terms and conditions including any enrolment requirements:

b) Coverage from an insurance carrier equal to or better in terms of the level of benefits provided than in existence October 16, 1996, under the terms of the current Great West Life Assurance group plan covering the employees of Vineland Quarry.

c)

d)

Chiropractor & Physiotherapy & Massage - up to $500.00 coverage per employee and family member each calendar year.

Weekly indemnity of 66.66% of gross earnings to a maximum of the E.I .. C. maximum, for first day of accident, seventh day of sickness for twenty-six weeks.

Long Term Disability to be a minimum of $1,500.00 per month. Effective October 16, 2009, Long Term Disability to be a minimum of$1,600.00 per month.

Life Insurance of $35,000 and A.D.& D. of $35,000. Effective October 16,2009, Life Insurance of$40,000 and A.D.&D. of$40,000.

e)

f)

g)

h)

17.2

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Current Ontario Dental Association Schedule of Fees. I Vision Care • Effective October 16, 2010, $300.00 per employee I

and family member every 24 months. Eye Exam to be paid for by the insurer up to a maximum of $75.00 for every 24 months. I

Early retirement benefits to retirees and their spouses who retire from the company on or after their 60th I birthday and whose benefits shall expire upon their death or reaching the age of 65 whichever occurs first. This benefit will include Healthcare (excluding Out- I of-Country Coverage), Drugs, Vision Care, and Dental in accordance with the benefit plan.

I Orthodontic coverage for dependent children 19 years and under at 50% coverage to a $2,000 lifetime maximum per person.

To be eligible for payment of the above, an employee must:

a)

b)

c)

have been in the employ of the Company sixty ( 60) calendar days, and

have not been laid off for a period longer than sixty (60) calendar days, and

have not been absent from work due to sickness

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or injury for a period longer than thirty (30) I days.

ARTICLE 18- GENERAL I 18.1 In the event of a death in his immediate family, an I

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18.2

18.3

18.4

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employee will be given the necessary time off, as indicated below. The employee will be paid during the leave of absence for the days he was scheduled to work during the leave of absence.

Spouse, common-law spouse (as defined by law), child, stepchild, father, mother, step-parent -up to 5 calendar days (where applicable).

Sister, brother, step-sibling, father-in-law, mother-inlaw, daughter-in-law, son-in-law, brother-in-law, or sister-in-law - up to 3 calendar days (where applicable).

Grandparents- 2 calendar days (where applicable).

Niece, nephew- 1 calendar day (where applicable).

If an employee is called for jury duty on his normal . working day, the Company agrees to pay the equivalent of an eight and one-half (8-112) hour day at straight time less the amount received for jury duty pay. It is understood in the application of this clause that if a day employee is released from jury duty prior to four ( 4) hours before the end of his normal shift, he must report for work as soon as possible to be entitled to this benefit.

Personnel shall be allowed time off to vote in Federal and Provincial elections in accordance with the appropriate statute.

If an employee meets with an accident after starting work incapacitating him from carrying out his duties, he shall be paid his full day's wages for the day of his injury providing he is not receiving compensation pay for that day, and the Company shall supply his transportation to a hospital or doctor and thence to

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his residence.

18.5 The Company shall issue pay cheques in such a manner that all employees shall have at least one (1) full banking day prior to a Saturday or a general Holiday. Minor shortages will be paid the following pay period when brought to the attention of the Company. Shortages in excess of fifty dollars ($50.00) will be paid within twenty-four (24) hours.

18.6 No employee shall be penalized if he refuses to work under conditions which make work hazardous or under conditions contrary to the Occupational Health and Safety Act

18.7 No employee shall be compelled to wear hard hats or safety glasses that have been used by other persons unless these items have been properly sterilized. These items to be supplied by the Company at no cost to the employees.

18.8 The Company agrees to provide clean, sanitary and adequate appointments with respect to lunchrooms and washrooms, including hot water, soap, hand cleaner and towels and drinking water.

18.9 All monetary grievances that are mutually agreed upon shall be paid the following pay period.

18.10 Any employee covered by this Agreement when called into the Company's office for any discussion which may result in disciplinary action or a grievance, may, upon request, be accompanied by a Steward or Business Agent.

All penalties and reprimands must be issued to the employee within seventy- two (72) hours (Saturdays,

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I Sundays and General Holidays excluded) from the

I time the infraction became known with a copy to the Local Union, otherwise the penalty or reprimand will be considered null and void. In certain circumstances

I the above time frame may be extended by the Union if contacted by the Employer within the above time limits.

I 18.11 A grievance, once submitted in writing, shall not be withdrawn when such withdrawal or settlement of

I such grievance is, in the opinion of the Union, not in concert with the provisions of this Agreement.

I 18.12 When an employee is specifically requested to work two (2) or more hours overtime, he will be given a coffee break not to exceed ten (10) minutes without

I loss of pay before such overtime commences.

18.13 PICKET LINES - It will not be considered a

I violation of this Agreement if an employee covered hereby declines to cross a picket line which has been established in furtherance of a lawful strike against

I the Company's customer. Interpretation of the term "lawful strike" shall be by reference to the Ontario Labour Relations Act. Notwithstanding the fore-

I going, where the picketing Union consents, the employee shall cross the picket line and perform his duties.

I 18.14 Effective October 15, 2008, and each year thereafter,

I each employee will receive a voucher for up to two hundred and twenty-five ($225.00) to use toward the purchase of C.S.A. approved safety boots. The

I voucher will be redeemable at either Elio's, Work Authority or at Mark's Work Warehouse.

I 18.15 The Company reserves the right to appoint an

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employee(s) as lead hand(s) at their sole discretion. A lead hand shall be defined as a person who performs work and directs the work of others. A lead hand shall receive a premium of $0.40 per hour in addition to their classification rate.

18.16 The Company will provide one change of coveralls, with illumination, per week to all employees upon reaching seniority and a coverall cleaning service for said coveralls.

ARTICLE 19 - SUPERVISORS

19.1

19.2

All supervisors and foremen shall be excluded from the bargaining unit and will not perform any work which falls within the scope of this Agreement except the Asphalt Plant Foreman with respect to work, or in an emergency situation, for training, demonstration purposes and unless giving a helping hand on a short term basis and keeping in mind that the foreman is in no way to displace a member of the bargaining unit.

When supervisors and foremen are appointed, a notice to that effect will be posted and maintained on the Bulletin Board.

ARTICLE 20 - LEAVE OF ABSENCE

20.1 An employee may, at the discretion of the Company, be granted a leave of absence without pay for legitimate personal reasons for no longer than ninety (90) calendar days. Should an employee require an extension, the Company, at its discretion, may extend such leave.

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20.2

20.3

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Leave of absence granted to an employee shall be in writing setting out the commencement and termination dates of such leave. A copy shall be forwarded to the Union.

Any employee whose normal duties include driving a Company vehicle and whose driving license is suspended by government action for up to six (6) 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 six ( 6) months may at the discretion of the Company result in the discharge of the employee concerned.

20.4 One employee at a time shall be granted leave of absence without pay upon written request by the Union, to attend Union functions such as conventions or to work in the capacity of a Business Representative of the Union.

ARTICLE 21 - EQUIPMENT

21.1 It is to the mutual advantage of both the Company and the employees that employees should not operate vehicles which are not in safe operating condition and not equipped with the safety appliances required by law. It shall be the duty of employees to report promptly in writing to the Company all defects in equipment. It shall be the duty of the Company to maintain all vehicles in safe operating condition in accordance with the Department of Transport regulations. The maintenance of equipment in sound operating condition is not only a function but a responsibility of Management. It will not be a violation of this Agreement for employees to refuse

21.2

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to operate unsafe equipment.

It has been agreed between the Company and the Union, having regard for safety and drivers' health factor that all highway units shall have heaters, windshield washers and defrosters installed. In principle, it is agreed ~at all vehicles should have such equipment installed and to this end, it has been agreed that all new vehicles will be so equipped.

Quarry pay haulers and loaders to be equipped with heaters in operating condition. ~

21.3

21.4

21.5

21.6

It is mutually agreed that a form shall be supplied to the driver on which to report defects in equipment with sufficient copies so that one can be held available for the driver and so that the office of the Company will have a copy of this report on file.

The Company shall not compel any driver to operate a vehicle in excess of the legal load limits on the highway.

Employees shall not be required to contribute financially to offset any claim for loss or damage to cargo or equipment.

Towers and machines to be equipped with air conditioning. All new equipment will be equipped with air conditioning.

ARTICLE 22 - HIRED EQilllPMEN'f

22.1 The Company shall not lease or hire outside equipment to perform pick ups and deliveries unless all available and roadworthy equipment of the

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Company is in use.

ARTICLE 23 - CASUAL AND PART-TIME HELP

23.1 Where casual help is employed by the Company, the following conditions shall apply:

23.2

(a) No regular employee shall be deprived of his normal hours of work through the use of casual help. Laid-off employees will be given the first opportunity to perform casual work and they shall be entitled to the regular call-in guarantee.

When a casual person is used more than nine (9) hours in any week, he shall then become a regular probationary employee or be replaced by a regular probationary employee.·

23.3 Students may be hired on a full time basis for the summer months, May 1st to September 30th, and shall be paid at a rate of six dollars ($6.00) per hour less than the lowest classification rate in this Agreement. The Company agrees that students will be paid in accordance with all other pay regulations of this Agreeme1ft. . They shall pay to the support of the Local UD.ion the amount of the monthly dues which shall be checked off but no other provisions of this Agreement shall apply. They shall not interfere with seniority rights and job conditions of full time employees. The Company shall indicate on the check-off form if such an employee is a student.

ARTICLE 24 - PENSION PLAN

24.1 Effective October 16th, 2012 -ten (10) cents shall be

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added to the current Pension Plan for a total Company contribution of two dollars and fifty-three cents ($2.53).

Effective October 16tl\ 2013 - ten (1 0) cents shall be added to the current Pension Plan for a total Company contribution of two dollars and sixty-three cents ($2.63).

ARTICLE25- NEGOTJ[ATINGCOMMITTEE

25.1 The members of the negotiating committee will be paid by the Company for time lost from their regular fjill

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shift at their straight time hourly rate for all time l1J spent in negotiations. The negotiating committee representation shall be limited to not more than two ~ (2) employees from the bargaining unit. ~

ARTICLE 26 - DURATION

26.1 This Agreement shall become effective on the date of ratification and shall remain in force until October 15th, 2014, and shall continue in force from year to year thereafter unless in any year not more than sixty ( 60) days, and not less than thirty (30) days, before the date of its termination, either party shall furnish the others with notice of termination of, or proposed revisions of, this Agreement.

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LETTER OF UNDERSTANDING

Between

VINELAND QUARRY a division of Walker Aggregates Inc.

And

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the International Brotherhood of

Teamsters

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It is understood between the above cited parties that what is known as Spring Creek Quarry located on Part Lot 19 Concession IX in the Town of Lincoln falls within the Recognition clause of the collective agreement currently in place.

Any new classification and/or rates will be negotiated between the parties prior to any new hires working directly at the said locations.

Dated

FOR THE COMPANY

I I I I I I I I I I I I I


LETTER OF UNDERSTANDING

Between

VINELAND QUARRY a division ofWalker Aggregates Inc.

And

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the International Brotherhood of

Teamsters

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HEAVY DUTY EQUIPMENT TECHNICIAN APPRENTICES

The Company proposes the following details for the Mechanics Apprentice program at Vineland Quarry, a division of Walker Aggregates Inc. The details of the Mechanics Apprenticeship Program are included below:

Levell 80% of Licensed Heavy Duty Mechanic rate Level2 85% of Licensed Heavy Duty Mechanic rate Level3 90% of Licensed Heavy Duty Mechanic rate Level4 95% of Licensed Heavy Duty Mechanic rate

Upon Successful Completion of the Mechanics Apprenticeship Program rate will be increased to 100% of the Licensed Heavy Duty Mechanic Rate. The Company will support an employee pursuing an Apprenticeship Program for the trade of Heavy Duty Equipment Technician providing it is completed within 4 years or less (1 year per level) with an Evaluation from the Ministry of Training, Colleges and Universities.

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I FOR THE COMPANY

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i between: i vineland quarry a division of walker ......union dues receipt, if the receipt reads bad...

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