st this agreement shall become effective ! day of ... · st this agreement shall become...

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ST THIS AGREEMENT SHALL BECOME EFFECTIVE_!_ day of BETWEEN: EBS Geostructurallnc. 320 Woolwich Street South Breslau, Ontario NOB lMO Phone: (519} 648-3613; Fax: (519} 648-2526 (hereinafter referred to as the "Employer") -and- LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, Ohtario Provincial District Council, and its affiliated Local Unions, LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, Local's 183, 493, 506, 527, 607, 625, 837, 1036, 1059, 1081 and 1089, each of which, Council and Local Unions, are parties to this Agreement. (hereinafter referred to as the "Union") ARTICLE 1- GENERAL PURPOSE 1.01 The general purpose of this Agreement is to establish mutually satisfactory relations between the Employer and their employees, to provide a means for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to its provisions. ARTICLE 2- RECOGNITION 2.01 The Employer recognizes the Labourers' International Union of North America, Ontario Provincial District Council, and its affiliated Local Unions 183, 247, 493, 506, 527, 607, 625, 837, 1036, 1059, 1081 and 1089, who are parties to this Agreement, as the sole and exclusive bargaining agent for all construction employees employed by the Employer in installation of Chance Helical Piers/Anchors by Chance certified personnel for the support of new or existing

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Page 1: ST THIS AGREEMENT SHALL BECOME EFFECTIVE ! day of ... · ST THIS AGREEMENT SHALL BECOME EFFECTIVE_!_ day of riOVlii11~E~2015 BETWEEN: EBS Geostructurallnc. 320 Woolwich Street South

ST THIS AGREEMENT SHALL BECOME EFFECTIVE_!_ day of riOVlii11~E~2015

BETWEEN:

EBS Geostructurallnc.

320 Woolwich Street South Breslau, Ontario NOB lMO

Phone: (519} 648-3613; Fax: (519} 648-2526

(hereinafter referred to as the "Employer")

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, Ohtario Provincial District Council, and its affiliated Local Unions,

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, Local's 183, 493, 506, 527, 607, 625, 837, 1036, 1059, 1081 and 1089,

each of which, Council and Local Unions, are parties to this Agreement.

(hereinafter referred to as the "Union")

ARTICLE 1- GENERAL PURPOSE

1.01 The general purpose of this Agreement is to establish mutually satisfactory relations between the Employer and their employees, to provide a means for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to its provisions.

ARTICLE 2- RECOGNITION

2.01 The Employer recognizes the Labourers' International Union of North America, Ontario Provincial District Council, and its affiliated Local Unions 183, 247, 493, 506, 527, 607, 625, 837, 1036, 1059, 1081 and 1089, who are parties to this Agreement, as the sole and exclusive bargaining agent for all construction employees employed by the Employer in installation of Chance Helical Piers/Anchors by Chance certified personnel for the support of new or existing

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structures, etc., in the Province of Ontario, save and except non-working foremen and persons above the rank of non-working foreman, office and clerical staff.

2.02 Each ofthe Local Unions listed in Article 2.01 above, agrees with all others, with the Council and with the Employer:

(a) to maintain the Council as their representative and agent for the purpose of bargaining collectively and concluding a Collective Agreement with the Association in accordance with the Uniform District Council Constitution; and

(b) to delegate and they do hereby delegate, to the Council, acting as their representative and agent, their authority, as aforesaid, for members oftheir respective Local Unions who come within the scope of this Agreement and agree to not withdraw such authority, nor to seek to bargain individually with the Employer.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union agrees that it is the exclusive function of each Employer covered by this Agreement:

(a) to conduct its business in all respects in accordance with its commitments and responsibilities, including the right to manage the jobs, locate, extend, curtail or cease operations, to determine the number of men required at any or all operations, to determine the kinds and locations of machines, tools and equipment to be used and the schedules of production, to judge the qualifications of the employees and to maintain order, discipline and efficiency;

(b) to hire, discharge, classify, transfer, promote, demote, lay off, suspend or otherwise discipline employees, provided that a claim by an employee that he h.as been discharged, suspended, disciplined or disciplinarily demoted without reasonable cause shall be subject to the provisions of the Grievance Procedure;

(c) to make, alter from time to time, and enforce reasonable rules of conduct and procedure to be observed by the employees;

(d) it is agreed that these functions shall not be exercised in a manner inconsistent with the express provisions of this Agreement.

ARTICLE 4- UNION SECURITY

4.01 The employees covered by this Agreement, as a condition of continued employment, shall become and remain members in good standing of the Union.

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4.02(a) The Employer shall call the appropriate Local Union having jurisdiction for his needed supply of employees.

All employees hired through the Union shall present to the Employer, a referral slip from the Union prior to commencing employment.

(b) Should the Union be unable to supply such employees, the Employer may obtain such new employees elsewhere subject to the following. All new employees who are not members of the Union and are hired on and after the signing of this Agreement, shall be considered probationary employees for the first sixty (60) calendar days of employment. As a condition of employment, the probationary employee shall, after sixty {60) days of commencement of employment, become and remain a member of the Union and receive all benefits from the first day following the probationary period of employment and be subject to all conditions of the Agreement. The Employer shall notify the Union within five (5) working days of the date of hiring. The Employer shall carry out all obligations as stipulated in Article 4.04.

(c) Recall The Employer shall have the right to recall those members in good standing who are

on the out-of-work list of the Local Union that were employed by the Employer within the Local's jurisdiction during the last twelve (12) months. All employees shall present to the Employer a referral slip, either in person or by facsimile transmission, from the Union prior to commencing employment.

4.03 During the lifetime of this Agreement, the Employer agrees to deduct to the extent authorized in writing but not otherwise, the monthly dues, annual assessment and initiation fees of each employee covered by this Agreement and to remit such monies as deducted to the Local Union office not later than the fifteenth (15th) day of the month, following the date upon which such union dues, annual assessment and initiation fees were deducted. Such authorization shall be in duplicate in accordance with Article 4.04.

4.04 The Union must supply the Employer with applications for Union membership and dues deduction authorization forms, which will be presented to all new employees on the day the new employee is hired. All completed copies of the applications for Union membership cards will be forwarded to the Union on the thirtieth (30th) of each month to serve as notification of commencement of employment. Upon termination of employment of any employee, his dues deduction authorization shall be returned to the Union within five (5) working days. It is expressly agreed that the Union will save the Employer harm less from all deductions it directs the Employer to make under Article 4.

ARTICLE 5- STRIKES OR LOCKOUTS

5.01During the term of this Agreement, the Employer agrees that it will not cause or direct any lockout of its employees and the Union agrees that there will be no slowdown, strike or other stoppage oJ or interference with work.

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ARTICLE 6- UNION REPRESENTATION

5.01 The Employer recognizes the right of the Union to select or otherwise appoint a reasonable number of stewards to assist employees in presenting any complaints or grievances they may have to representatives of management. (Maximum one (1) steward for each company). The Union shall be required to notify the job foreman of the names and number' of stewards on each particular job.

6.02 The Union acknowledges that stewards have regular duties to perform as employees of the Employer and that such employees will not leave their regular duties forthe purpose of conducting business in connection with the administration of the Agreement or the investigation or presentation of grievances, without first obtaining the permission of their foreman or immediate supervisor. Such permission will not be unreasonably withheld. The Union Steward will not be excluded from overtime work on his crew, provided he is able to do the work required, and shall be one (1) of the last two (2) men retained by the Employer, provided he is capable to perform the available work remaining with the exception of the maximum of four (4) foremen. A Union Steward (if designated) shall be the first employee rehired after layoff, as long as he or she can perform the available work.

6.03 Representatives ofthe Union shall have access to the area of work during working hours, but in no case will such representatives interfere with the progress of work, and will notify the supervisor first on such project.

ARTICLE 7- COMPLAINTS AND GRIEVANCES

7.011t is the mutual desire of the parties to this Agreement that complaints of employees shall be dealt with as quickly as possible.

7.02 Grievances properly arising under this Agreement shall be adjusted and settled as follows:

Within twenty (20) days after the circumstances giving rise to the grievance occurred or origination [except in the case of a discharge grievance, which shall be presented within ten (10) working days], the gri.evance shall be presented to the Employer,. in writing, on the standard form and the parties shall meet within five (S) working days in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five (5) working days from this meeting, then the grievance may be submitted to a committee consisting of two (2) members of the Union and two (2) members of the Employer at any time within five (5) days thereafter, but not later. Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, vacation and statutory holiday pay, shift premium, travelling expenses, room and board allowances, reporting allowances and dues may be brought forward within three (3) months of such alleged violations. It is further understood that such grievances may be retroactive to the first day ofthe alleged violation.

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7.03 Benefit grievances shall be brought forward within twelve (12) months after the circumstances, giving rise to the grievance become known or ought reasonably to have become known to the Union. It is further understood that the adjustment of any such grievance shall be retroactive to the first day ofthe alleged violation within the twelve (12) month period.

ARTICLE 8- ARBITRATION

8.01Both 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 7 above and which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto.

8.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one (1) person appointed by the Union and a third person to act as Chairman chosen by the other two (2) members ofthe Board.

8.03 Within two (2) working days of the request of either party for a Board, each party shall notify the other of the name of its appointee.

8.04 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 in Article 8.03 above, the Minister of Labour of the Province of Ontario, will be asked to nominate an impartial person to act as Chairman.

8.05 The decisions of the Board of Arbitration or a majority of such Board, constituted in the above manner, or if there is no majority, the decision of the Chairman shall be binding upon the employees, the Union and the Employer.

8.06 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.

8.07 Each ofthe parties to this Agreement will bear the expense of the Arbitrator appointed by it, and the parties will jointly bear the expenses, if any, of the Chairman.

8.08(a) The nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated shall be set out in the written record ofthe grievance and may not be subject to change in later steps.

(b) In determining the time which is allowed in the various steps, Sundays and Statutory Holidays shall be excluded, and any time limits may be extended by agreement, in w1·iting.

(c) If advantage of the provisions of Articles 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

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to have been abandoned and may not be reopened.

8.09 Management Grievances and Union Grievances (a) It is understood that the Employer, on its own behalf or on behalf of its member

companies, may file a grievance with the Union and that if such complaint is not settled to the satisfaction ofthe parties concerned, it may be treated as a grievance and referred to arbitration in the same way as a grievance of an employee. Such grievances shall be processed in accordance with Article 7.02 of the grievance procedure as set out above.

(b) A Union grievance, which is defined as an alleged violation of this Agreeh1ent involving all or a number of employees in the. bargaining unit, in regard to which a number of employees have signified an intention to grieve in writing or a grievance involving the Union itself, including the application or interpretation of this Agreement, may be brought forward as a grievance of an

employee, subject to the same time limits as in Article 7 and to be processed in accordance with the provisions of Article 7.02 above.

ARTICLE 9- SUB-CONTRACTING

9.01 The Employer agrees to employ only subcontractors who are in contractual relations with the Union for work normally performed by the Employer.

ARTICLE 10- STATUTORY HOLIDAYS

10.01 All work performed on New Year's Day, Good Friday, Victoria Day, Dominion Day, Civil Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day and any other statutory holiday legally declared by the Federal or Provincial Government shall be paid for at the rate of double time (2x), including Heritage Day, if declared a Statutory Holiday.

ARTICLE 11- VACATION AND STATUTORY HOLIDAY PAY

11.01 Vacation and statutory holiday credits shall be paid to employees covered by this Collective Agreement at the rate of ten percent {10%) of the gross wages earned and vacation time be granted when employees ask for it provided it is not detrimental to the company and a three (3) month notice is required. It is understood and agreed that four percent (4%) ofthe gross wages earned is to be considered payment in lieu of statutory holidays.

It is further understood and agreed that vacation and statutory holiday pay will be paid to the employees weekly and on termination of employment.

11.01 (a) Each Employer bound by this Agreement or a like agreement adopting in substance but not necessarily in precise form, the terms and conditions herein, shall pay vacation and statutory holiday pay at the rate often percent (10%) of gross earnings on behalf of each employee covered

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by this Agreement or such like agreement and remit same monthly to the Labourers' International Union of North America, Local183 Members' Holiday and Vacation Pay Fund together with a duly completed Employers' Report Form by the fifteenth (i5'h) day of the month following the month for which the payments are due. It is understood and agreed that the said ten percent (10%) of gross earnings is paid as both vacation pay and statutory holiday pay and further that five percent (5%) of the ten percent (10%) is to be considered in lieu of statutory holiday pay. The terms of the Labourers' International Union of North America, Local183 Members' Holiday and Vacation Pay Fund are set out in a separate trust document which is hereby made part of this Agreement. Payments from the said fund are to be made to the employees in the first two (2) weeks of June and, upon written request, in November of each year.

11.02 The Union and the Association agree, subject to acceptance and adoption by the Trustees of the Labourers' International Union of North America, Local183, Members' Vacation Pay Fund (the "Fund"), that Section 4.03 (h) ofthe Agreement and Declaration ofTrust made as of the 29th day of January, 1975, as amended, establishing the said Fund, be amended as follows:

Section 4.03 (h)

"Any income earned by the Fund shall be applied as follows:

To the payment of the expenses incurred in the administration of the Fund including but not limited to, the expenses of the Trustees, the Administrator and such legal counsel, investment counsel, accounting, actuarial and clerical assistants as are employed from time to time by the Trustees;

To provide for any liability for income tax in res.p.ect of the income of the Fund;

To the payment of va'cation pay to employees of a bankrupt or insolvent Employer or an Employer who no longer carries on business where the said Employer defaulted on payment to the Fund due to bankruptcy, insolvency or discontinuance of a business, at any time after the date of this Agreement, on such terms, in such amounts and subject to such conditions as the Trustees may decide from time to time as may be required by the Employment Standards Branch, of the Ministry of Labour;

To the setting up of any reserves which Trustee.s may deem appropriate; and

Balance shall remain in Fund for future needs.

ARTICLE 12- REPORTING ALLOWANCE

12.01 An employee who reports for work at the regular starting time, unless directed not to report, and for whom no work is avoilable, including inclement weather, shall receive four (4) hours pay whether he works at a later hour or not providing he remains on the job for two (2) hours duration, if so reque.sted by the supervisor.

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Employees who are requested by the supervisor to remain at the job beyond the two (2) hour period for whom no work is available, shall receive four (4) hours pay, whether he starts work at a later hour being of no consequence, providing he remains on the job for two (2) hours duration. Employees that report to work and sent home immediately should get one (1) hour pay. Travel time is not included.

ARTICLE 13- PROTECTIVE CLOTHING

13.01 The Employer shall provide to Employees reflective vests, protective and wet weather clothing, including rain suits, safety vests, safety glasses, ear protection, and gloves other than normal gloves, as may be needed at no cost. Mandatory Uniforms (shirts, pants and coveralls), company will be provided and cleaned, at no cost to the employee. All uniforms need to be returned within 24 hours after leaving company, any uniforms not returned will be deducted from final pay check.

13.02 The Union recognizes the right of the Employer to economically supervise the distribution of clothing provided and will cooperate with the Employer to prevent wasteful practices.

ARTICLE 14- COOPERATION

14.01 The parties hereto agree that this Agreement will apply to all work done by the Employer.

14.02 In the event the Employer becomes actively engaged in road building, sewer and watermain construction, pipeline work as outlined in the Pipeline Agreement between the Pipeline Contractor Association of Canada and the Labourers International Union of North America, or other heavy construction work, the Collective Agreements applicable to such work will apply to any employee normally represented by the Union.

ARTICLE 15- SAFETY, S1~NITATION, SHELTER, COFFEE, LUNCH

BREAKS AND EXEMPTION

15.01 The Employer shall provide a proper and adequate place of shelter on all jobs. Sanitary toilets shall be provided in accordance with the Construction Safety Act.

15.02. Employees will be allowed one (1) coffee break of ten (10) minutes in each half of the working shift. Employees shall be allowed one half (1/2) hours unpaid lunch break between 11:30 a.m. and 1:00 p.m. It is understood that no employee shall be required to work more than five (5) consecutive hours without a meal break.

15.03 The Employer will supply safety helmets at no cost to the employee. On termination of employment, the employee will return the helmet.

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15.04 It is recognized that the job steward may bring to the attention of the foreman, any unsafe conditions or violations of safety regulations.

15.05 The Employer will pay Two Hundred and Seventy-Five ($275.00) towards the cost of safety boots and rubber boots for employees with two (2) years service per calendar year on the second week of October every year.

15.06 The Employer shall, at its own expense, furnish to any workman injured in its employ, who is in need of it, immediate conveyance and transportation to a hospital or a physician. The Employer shall reimburse employees for any damages to clothing or footwear incurred as a result of a compensatable accident.

15.07 Trucks which are used to carry men and materials at the same time will be provided with adequate seating as defined by the M.T.C. and all materials and equipment shall be separated and secured from employees. Proper seats to be provided by the end of terms of this Agreement.

15.08 Employees shall be entitled to be reimbursed by the Employer for loss of clothing due to fire on the Employer's premises, up to a maximum of two hundred dollars ($200.00). In all cases, an employee must provide a written and signed statement ofthe amount of such loss.

15.09 An employee who is injured in the course of performing his duties and requires medical attention and is unable to continue work, shall be paid for his regularly assigned hours including, payment of other benefits provided herein on the day of injury. If he is unable to return to work, he shall be paid his regular wages for any lost time incurred that day due to injury.

15.10 If an employee has to attend a death emergency the worker will receive 3 days off with pay; employees who are travel.ling 500 km or greater one way shall be granted 7 days off but only 3 days pay provided it is defined as immediate family such as spouse or partner, child, brother, sister, mother or father. Other bereavement leave to be at the discretion of the employer.

15.11 Amendment or Exemption Where the application of certain Articles or sections ofthis Agreement work a hardship on the employer, the parties may reach a Memorandum of Agreement or Exemption, in writing, to amend or exempt certain clauses or provisions of this Agreement.

15.12 Certified Safety Rep The Certified Health and Safety representative, where required by legislation and when employed under the terms of this Agreement, will not be excluded from overtime work, by crew or project, provided he is able to perform the work required and shall be one ofthe last three (3) employees retained by the Employer, if competent, to perform the available work remaining.

ARTICLE 16- HIGHER WAGES

16.01 Where the Employer becomes bound by the terms and conditions of this Agreement, no

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employee of the Employer receiving a higher rate of pay shall suffer a reduction of pay by reason of the execution of this Agreement.

ARTICLE 17- PRE-JOB CONFERENCE

17.01 The Employer agrees to notify the Ontario Provincial District Council or the Local Union, of any contracts awarded and expected to last more than one (1) month and shall in such notice, describe the location and nature oft he proposed work and probable date of commencement of such work, in order that a Pre-Job Conference can be held, if necessary, before the start of the job.

17.02 It shall be the purpose of the Pre-Job Conference to agree to such matters as employment requirements, mobility of, and the number of key men, experienced and capable Union members, probable duration of the job and any other matters related to the job.

ARTICLE 18- MOBILITY

18.01The Employer shall be allowed mobility of all regular employees within the area of this collective agreement.

18.02 In the event that such employees move from one geographic area to another, the regular monthly dues on behalf of such employees shall be remitted to the Local Union designated by the employee as his home Local. The Union agrees to save the Employer harmless from any and all claims which may be made against the Employer for amounts deducted as herein provided.

18.03 Employees sent from one geographic area to another may be subject to the rates and conditions in effect in such area. Employees so relocated will be notified in writing of the rates and conditions in effect in such area.

18.04 Any additional personnel required, shall be hired through the Local Union office in the area where the Employer is working at the time.

18.05 If the Local Union is unable to supply the required personnel after twenty-four (24) hours notice, excluding holidays, Saturdays and Sundays, then the Employer may hire employees from outside the Union office.

18.06 Working dues to be remitted to the Local Union where the work is being performed and benefits such as welfare, vacation pay, etc., to be submitted to the Local Union whereof the employee is a member.

ARTICLE 19- PAYMENT OF WAGES

19.01(a) Wages shall be paid weekly, by cash, cheque or direct deposit, on the job at the option of

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the Employer and shall be accompanied by a slip outlining all hours of work, the hourly rate, overtime hours, deductions for income tax, employment insurance, pension, Ontario Hospital, etc., where applicable. In the event that wages are paid by cheque, pay day shall be no later than Thursday. It is further agreed that an employee's pay slip will show the number of hours worked in each week. Payment for correction of errors in wage payments shall be made by separate cheque.

(b) In the case of layoff, all men will be notified the day before the layoff where practical, but in any event, shall receive one (1) hours notice in advance of the layoff.

(c) Whenever Employment Insurance Forms, Ontario Health Insurance Plan Forms, vacation and statutory holiday pay credits and pay cheques are not given to employees at the time of termination, they shall be sent by the Employer affected to the employee by registered mail, to his last known address, within five (5) days of the time of termination.

(d) Payment for travel expenses and out-of-town allowances will be clearly identified on cheque slip and will be also identified as required for tax returns.

ARTICLE 20- REINSTATEMENT OF EMPLOYEES UPON RETURN FROM

INDUSTRIAL ACCIDENT

20.01An employee injured in the performance of his duties will resume his regular work when medically fit to do so, if work is ava.ilable and he applies. The job of an injured worker shall be deemed available, if upon his return, any work within his classification on any project under this Agreement is being performed by an employee who, subsequent to the time of injury, was hired by the Employer or transferred or otherwise assigned to perform any work within the said classification on any project covered by this Agreement. An employee who claims he has been denied employment contrary to this provision may have recourse to the grievance and arbitration procedures as set out in Articles 7 and 3 of this Agreement.

20.02 The above shall not apply if the injury is attributable solely to the wilful misconduct of the employee.

ARTICLE 21- GOVERNMENT LEGISLATION

21.011n the event that any of the provisions ofthis Agreement are found to be in conflict with any valid and applicable Federal or Provincial law, now existing or hereinafter enacted, it is agreed that such law shall supersede the conflicting provision, without in any way affecting the remainder of

this Agreement.

21.02 Deemed Assignment of Compensation under the Employment Standards Act. 1991

The Trustees of the Employee Benefit Plans referred to in this Collective Agreement shall promptly notify the Union of the failure by the Employer to pay any employee benefit

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contributions required to be made under this Collective Agreement and which are owed under the said plans, in order that the Program Administrator of the Employee Wage Protection Program may deem that there has been an assignment of compensation under the said Program, in compliance with the regulation to the Employment Standards Amendment Act, 1991, in relation to the Employee Wage Protection Program.

ARTICLE 22- JURISDICTIONAL CLAIMS

22.01 The Employer recognizes the jurisdictional claims oft he Union, provided that when a work claim dispute arises between the Union; which is a party to this Agreement, any other Union or organization, which cannot be settled to the satisfaction of all parties concerned, such dispute shall immediately be processed as a complaint to the Ontario Labour Relations Board, requesting an Order from the Board as outlined in Section 99 of the Labour Relations Act and in the meantime, work will continue as assigned by the Employer, until otherwise directed by the Ontario Labour Relations Board.

ARTICLE 23- INDUSTRY DEVELOPMENT AND CLASSIFICATIONS

23.01\n the event that during the term of this Collective Agreement, industry development or practice results in a requirement for classifications within the jurisdiction of the Union not provided for herein, the Employer and the Union shall meet within fifteen (15) days notice of either upon the other and commence negoti<Jtions, the sole and restricted purpose of which shall be to establish such classification and the wage rates applicable thereto. It is further agreed that unless the parties reach agreement on the aforesaid within fifteen (15) days of such meeting, the matter in dispute shall be submitted and resolved in accordance with the grievance clauses set forth in this Agreement.

ARTICLE 24- HOURS OF WORK AND OVERTIME

24.01 The following sections and paragraphs are intended to define the normal hours of work, for the purpose of calculating overtime only and shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week.

(a) The regular working hours for employees covered by this Agreement shall be ten (10) hours per day and (SO) hours per week, to be worked between the hours of 7:00a.m. and 6:00 p.m., Monday, Tuesday, Wednesday, Thursday and Friday. Hours of work to exclude lunch periods and travel time to and from the job site. The starting time may vary up to two (2) hours by mutual agreement of the parties operating under this Agreement.

Five (5) days on Two (2) days off is the normal work week. Variations to the normal work week w"lil be discussed and agreed upon with work force as situations arise.

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(b) The time worked in excess of the regular working hours per day, per week and for work performed on Saturdays shall be paid at the rate oftime and one and one halftimes (11/2) of the employee's regular hourly rate. On Sundays, the rate shall be paid at the rate oftime and double (2x) at the employee's regular hourly rate.

(d) Time lost due to inclement weather may be made up on Saturday atstraighttime rates, premium pay shall not be pyramided, but shall be applied only once to any hour or hours. In the event the Employer's contract pays a premium oftime and one-half (1/2) for work performed on a Saturday, employees shall be paid for all such work at the applicable overtime rate.

(f) If any of the Statutory Holidays fall on a Saturday or Sunday, such holidays shall be observed on the day or days immediately following or preceding the weekend.

(g) In the event that the above provisions are found to be in conflict with any valid and applicable Federal or Provincial law, now existing or hereinafter enacted, it is agreed that such law shall supersede the conflicting provision, without in any way affecting the remainder of the Agreement.

(h) Shift work may be established with reasonable notice to the Union and providing there are at least four (4) consecutive days of shifts to be worked excluding Saturdays, Sundays and Statutory Holidays.

(i) All shift work shall be paid at fifty cents ($.50) over the day shift and a dollar ($1.00) over the day shift for work after midnight.

(j) Staggered- Five (5 ) hours out of regular work hours.

A Foreman shall receive three dollars ( $3.00) in year 2015, three dollars ( $3.00) in year year 2016 and three dollars and fifty cents ($3.50) in year 2017 above the day shift rate.

(k)·Training to be completed at collective agreement rates.

(I) Recognition for years of service to be paid at the end of year. 5 years- 9 years- $300.00/year

10 years & onward- $600.00/year

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ARTICLE 25- TRAVEUING ALLOWANCE AND ROOM AND BOARD

2.5.01 The employer recognizes status quo.

Hwy9 Hwy ~Brook Rd.

2 1/2 Pickering 5 hour pay

-Lake

Any job that falls within this box, All employees will receive half (1/2.) hour pay for driving to yard after day. All work travelling to job is paid on whatever it takes to travel to job. Meal allowance is fifty dollars ($50) per day everywhere.

All hours worked at shop will be pa.id as per collective agreement.

2.5.02. When a driver exceeds the maximum number of hours operating a vehicle under the MTO policy and is asked by the Employer to remain in his room I hotel for the wo1rking day, the Employer agrees that it shall pay him his days wages for that period of time.

ARTICLE 26- BENEFITS, PENSION, TRAINING. TRI-FUND AND WORKING DUES

2.6.01(a) Welfare Fund- as per Schedule A, the Employer agrees to contribute for each hour worked to the appropriate welfare fund.

(b) Training- The Employer agrees to contribute five cents ($0.05) per hour for each hour worked for training on behalf of all employees covered by the Collective Agreementto the training fund designated by the Union having jurisdiction in the area.

(c) Pension - as per Schedule A, the Employer agrees to contribute per hour to the Labourers' Pension Fund of Central and Eastern Canada.

(d) Tri-Fund- Five cents ($0.05) will be deducted from wages for the Tri-Fund contribution.

All benefits to be remitted to the applicable Fund by the fifteenth (15th) day of the month following the month in which contributions were made, together with a supporting form showing the source of contribution.

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In the event that any further increases in benefits are required, it being understood that said increases would be deducted from the hourly rate and the Local Union will notify the Employer in writing.

(e) Working Dues- The Employer agrees to deduct from the wage rates as set out in this Agreement, and remit on behalf of all employees covered by this Agreement, working dues offifty cents ($0.50) per hour for each hour worked and local monthly dues at twenty nine dollars ($29.00) and remit same together with a list ofthe names, social insurance numbers of the said employees and the numbers of hours worked by them to the Secretary-Treasurer of the appropriate Local Union in whose area work is being performed, no later than the fifteenth (15th) day of the month for which they are due. The Ontario Provincial District Council working dues of thirty five cents ($0.35) to be forwarded to the Labourers' Pension Fund by the Local Union.

Any Provincial or Federal taxes required to be paid by the Employer on contributions for pension, welfare and training, are not included in the specified amounts as set out in this Collective Agreement.

ARTICLE 27 -WORKING CONDITIONS

27.01 All work in the industrial, commercial and institutional sector shall be performed in accordance with the terms and conditions of the Provincial ICI Collective Agreement, a copy of which is attached hereto. All work on bridges, overpasses and subways shall be performed in accordance with the applicable schedule of the Provincial Civil Engineering Collective Agreement, a copy of which is attached hereto, with exception of Article 28.02.

ARTICLE 27.02-LOCAL UNION EXEMPTION OR AMENDMENT

Where a particular clause, article or provision contained within a Local Union Schedule and not within the Master Portion of this Agreement works a hardship on a specific geographic area within the jurisdiction of a Local Union, the Local Union and the Employer may reach a Memorandum of Local Exemption or Amendment, in writing, to exempt or amend a particular clause, Article or provision of the Local Union Schedule for the geographic area within the jurisdiction of the Local Union specified in the Memorandum of Local Exemption or Amendment.

The Local Union shall have exclusive discretion to determine whether in fact a particular clause, Article or provision contained within its Local Union Schedule works a hardship on a specific geographic area within the jurisdiction of the Local Union.

Any such Memorandum of Local Exemption or Amendment shall expire in accordance with its terms or on the expiry date oft his Agreement, whichever occurs first, at which time the operative provisions oft he Local Union Schedule shall be as originally agreed to between the parties.

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ARTICLE 28- GEOGRAPHIC REGIONS

Universal Workers Union Local183- Toronto- OLRB Area No.8 and Simcoe County Metropolitan Toronto, the Regional Municipality of York, the County of Peel, the Townships of Esquesing and Trafalgar, the Towns of Milton and Oakville in the County of Halton, the Township of Pickering in the County of Ontario and the County of Simcoe.

Universal Workers Union Local183- (Eastern Office) Oshawa The Counties of Durham, Northumberland, Peterborough, Victoria, HaLiburton and th.e District of

Muskoka.

Local183- Kingston The Counties of Hastings, Prince Edward, Lennox and Addington, Frontenac and Leeds.

Local493- Sudbury The District of Sudbury, Manitoulin Island, Nipissing, Algonquin Provincial Park, Temiskaming, Parry Sound, and part of the District of Cochrane lying south of the 49th parallel, excluding a fifty (50) mile radius of the Timmins Federal Building, Cockburn and all other islands situ.ated in Georgian Bay of Lake Huron, shall be recognized as being the exclusive territory jurisdiction of Local493.

Local493- Timmins Board Area 19 within a fifty (SO) mile radius of the Timmins Federal Building and west along Highway 101, including the Town of Chapleau, up to the District of Algoma borderline and north along the District of Algoma line up to the 83rd longitude to the Hudson Bay and all areas east to the Quebec Border, including the Towns of Opastike, Harty, Kapuskasing, Smooth Rock Falls and Cochrane.

Local506- Toronto The Municipality of Toronto, the Regional Municipalities of Peel and York, the Towns of Oakville and Halton Hills and the portion of the Town of Milton within the geographic Township of Esquesing and the Towns of Ajax and Pickering in the Regional Municipality of Durham, and the County of Simcoe, excluding the Townships of Ram a, Mara and Thora h.

Local 527- Ottawa The Counties of Carlton, Dundas, Stormont, Glengarry, Prescott, Russell, Lanark, Renfrew and Grenville.

Local 607- Thunder Bav Districts ofThunder Bay, Rainy River and those portions of the Districts of Kenora, Kenora-Patricia

and Cochrane, which are west of 83 degrees longitude.

Local 625- Windsor The Counties of Essex and Kent.

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Local837- Hamilton The Counties of Lincoln, Weiland, Haldimand, Wentworth and the Townships of Nelson and Nassagawaga in the County of Halton.

Local1036- Sault Ste. Marie The District of Algoma.

Local 1059 - London Territorial jurisdiction of the Counties of Middlesex, Elgin, Oxford, Perth, Huron and Bruce.

Local1081- Cambridge The Counties of Wellington, Waterloo, Brant, Norfolk, Dufferin and Grey.

Local1089- Sarnia The County of Lambton.

ARTICLE 29- DURATION

rr 29.01This Agreement,Rhall become effective on the r!Wfi'l'\&"\t. I ,?.olfnd shall remain in effect until the OC Tof> E'g. .3o k>l3 and shall continue in force from year to year thereafter, unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement, not more than one hundred and twenty (120) days and not less than sixty (60) days, before the day of OCro1J !i~ )o 1W .:2-ol?l or in a like period i.n any year thereafter.

IN WITNESS THEREOF the party of the First Part and the Party ofthe Second Part have caused their proper officers to affix their signatures on this _H_ day of, J'et·nn·'lb lfV- 8-ol'i

tJhe Unio~ _

\6.,~-l o~.~ (SIGN) I~ .. I 'I vl:\v \ ~\ r clfo~ ,\J'

(PRINT NAME) I

For the Employer

~{lj; (SIGN)

\).j,o v/~ (PRINT NAME)

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Wages .....•. $0.50

Wages ....... $0.50

Wages ....... $0.50

Nov. 2015

Nov. 2016

Nov.2017

18

WAGES AND CLASSIFICATIONS

APPENDIX A

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Union

Fringes Existing 10% (Employer Pays) Hourly Vac Total Rate Pay Benefits Pension Package Tri-Fund OPDC WD dues

NEW UNSKILLED LABOURER $ 20.27 $ 2.03 $ 2.45 $ 2.14 $ 26.89 $ 0.05 $ 0.40 $ 0.50 Nov. 1, 2015 $ 20.27 $ 2.03 $ 2.45 $ 2.64 $ 27.39 Nov.1,2016 $ 20.27 $ 2.03 $ 2.45 $ 3.14 $ 27.89 Nov. 1, 2017 $ 20.27 $ 2.03 $ 2.45 $ 3.64 $ 28.39

NEW GENERAL LABOURER $ 22.28 $ 2.22 $ 2.45 $ 2.22 $ 29.17 $ 0.05 $ 0.40 $ 0.50 Nov. 1, 2015 $ 22.28 $ 2.22 $ 2.45 $ 2.72 $ 29.67 Nov. 1, 2016 $ 22.28 $ 2.22 $ 2.45 $ 3.22 $ 30.17 Nov. 1, 2017 $ 22.28 $ 2.22 $ 2.45 $ 3.72 $ 30.67

NEW SKILLED LABOURER $ 25.28 $ 2.52 $ 2.45 $ 2.30 $ 32.55 $ 0.05 $ 0.40 $ 0.50 Nov.1,2015 $ 25.28 $ 2.52 $ 2.45 $ 2.80 $ 33.05 Nov. 1, 2016 $ 25.28 $ 2.52 $ 2.45 $ 3.30 $ 33.55 Nov. 1, 2017 $ 25.28 $ 2.52 $ 2.45 $ 3.80 $ 34.05

NEW LEAD HAND $ 27.28 $ 2.72 $ 2.45 $ 2.42 $ 34.87 $ 0.05 $ 0.40 $ 0.50 Nov. 1,2015 $ 27.28 $ 2.72 $ 2.45 $ 2.92 $ 35.37 Nov.1, 2016 $ 27.28 $ 2.72 $ 2.45 $ 3.42 $ 35.87

Nov.1,2017 $ 27.28 $ 2.72 $ 2.45 $ 3.92 $ 36.37

NEW FOREMAN $ 30.28 $ 3.02 $ 2.45 $ 2.54 $ 38.29 $ 0.05 $ 0.40 $ 0.50

Nov.1, 2015 $ 30.28 $ 3.02 $ 2.45 $ 3.04 $ 38.79

Nov. 1, 2016 $ 30.28 $ 3,02 $ 2.45 $ 3.54 $ 39.29

Nov. 1, 2017 $ 30.28 $ 3.02 $ 2.45 $ 4.04 $ 39.79

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