theunion i canada - ontario · same time. disciplinary action will take place within thirty (30)...

23
theUnion I Canada COLLECTIVE AGREEMENT BETWEEN: Veolia ES Canada Industrial Services Inc. (Sarnia) (Hereinafter Called The "Company") AND UN I FOR LOCAL 866·0 (Hereinafter Called The "Union") February 1st 2017- January 31 51 2020 1

Upload: others

Post on 26-Mar-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

theUnion I Canada

COLLECTIVE AGREEMENT

BETWEEN:

Veolia ES Canada Industrial Services Inc. (Sarnia)

(Hereinafter Called The "Company")

AND

UN I FOR LOCAL 866·0

(Hereinafter Called The "Union")

February 1st 2017- January 31 51 2020

1

Table of content ARTICLE I - PURPOSE ..•...•.•.•.••.••....•.•.•.••....•..•.•.•............•.•...•..••••....••...........•••••...•.••..•.......••.. 3

ARTICLE II- RECOGNITION, PEROGATIVES, NO STRIKE, NO LOCKOUT ............ 3

ARTICLE III- UNION SECURITY ..•.•.•..........•...•..••..............•.•..••......•.•.•••......••..•••.......•........• 4

ARTICLE IV-GRIEVANCE PROCEDURE .......................................................................... 4

ARTICLE V- ARBITRATION ..•....••.•...•.............••....••...•.••.•...•..••....•.....•.•..•....•....•.....•............. 6

ARTICLE VI- REPRESENTATION .•...•..... , ..•..•••...•••......•••.•....•...•.•...•.•.•....•...•.•••..••.•••.....•..•.. 6

ARTICLE VII - HOURS OF WORK .•••.•••.•.....•..•••••••.•••..•.•...••..•••...••.•.•.•.•...•••....•.•.•.•••.•••...•••..• 7

ARTICLE VIII - OVERTIME HOURS ..................................................................................... 8

ARTICLE IX - JURY /WITNESS DUTY ......................................................... ~ ......................... 9

ARTICLE X- FUNERAL LEAVE ......•........••.....•.•........•.....•.•...........•....•.•.•..........••••...•.•.••.•..... 9

ARTICLE XI- SENIOR MEN ••.•••...........••............•••.....•....•••.......•.•...•.••....••..........•.•.•....•........ 10

ARTICLE XII- SENIORITY •.••...•...•••••••.•..•..••...•••••••.....•..••......••.•..•.•.••••••...........•..•.•.•......•...• 11

ARTICLE XIII- METHODS OF PAYING WAGES AND TERMINATION PAY ........... 12

ARTICLE XIV- HOLIDAYS ............ ., ........................ ,. .......•...••.....••.•••.••..••....•.•.....•...•..•.•....•...• 12

ARTICLE XV- VACATIONS ................................................................................................. 13

ARTICLE XVI - TRAVEL TIME AND EXPENSES ............................................................. 13

ARTICLE XVII- HEALTH AND SAFETY ........................................................................... 14

ARTICLE XVID- BENEFITS ••.•..••.•••••..•••••.•..••..••..•.••......••..•..•••.•••.....•••.......•.......•.••.•••.•....•... 15

ARTICLE XIX - MISCELLANEOUS .... , ................................................................ - .............. 17

ARTICLE XX- TERMINATION & SEVERANCE PAY ..................................................... 18

ARTICLE XX- DURATION OF AGREEMENT ................................................................... 19

SCHEDULE ''A'' ...••......•...........•.•........•.••...•.••...•........•....•..•........•....•••...•.•.•........•.•................... 21

LETTERS OF UNDERSTANDING ......................................................................................... 22

2

ARTICLE 1- PURPOSE

1.01 The parties hereto desire to establish, maintain, and regulate the standard of hours of labour, rates of pay, and all other terms and conditions of employment.

1.02 The employer and the Union and all employees concerned agree to comply with the provisions of the Ontario Human Rights Act. The Company and the Union are committed to working together to ensure a workplace which is free from harassment. The Company will not discriminate against an employee because of membership in the Union or activity authorized herein on behalf of the Union.

ARTICLE II- RECOGNITION, PEROGA TIVES, NO STRIKE, NO LOCKOUT

2.01 The Company recognized the Union as the sole collective bargaining agent of all its employees working in and out of the Veolia ES Canada Industrial Services' office of Sarnia, save and except foremen, office and sales staff, and employees covered by a subsisting collective agreement between the Labour Bureau Painting and Decorating Contractors of Ontario and The Ontario Council of the International Brotherhood of Painters and Allied Trades, to which Veolia ES Canada Industrial Services is a signatory.

2.02 The Union acknowledges that it is the exclusive function of the Company to manage its operations, schedule work, to assign and direct the working force including the following particulars:

(a) To maintain order, discipline and efficiency, and to make, alter and amend rules and procedures for employees, subject to the terms within this Agreement.

(b) To hire, lay off, discharge, or otherwise discipline for just cause, subject to the terms of the within Agreement.

(c) Make appointment to positions outside the scope of the bargaining unit.

(d) To otherwise manage its business and administer all of the foregoing with fairness subject to all applicable provisions of the law and consistent with the terms of this collective agreement.

(e) Both the Union and Company agree to make every effort to work together in "good faith" where assignment difficulties arise.

2.03 · No employee outside the scope of the Collective Agreement shall perform the work normally performed by those employees in the bargaining unit except in the case of emergency.

2.04 The Union agrees that during the life of the Agreement there will be no strike, and the Company agrees that there will be no lock-out.

3

ARTICLE Ill • UNION SECURITY

3.01 All employees covered by this Agreement shall, as a condition of continued employment, become a member of the Union within thirty (30) days of ratification of this Agreement. All employees hired after the ratification of this Agreement, shall as a condition of continued employment, become a member of the Union within thirty (30) days of his hiring date. It is further agreed that all aforementioned employees shall maintain such membership in good standing as a condition of continued employment.

3.02 (a) The Company will on the request of the Union deduct weekly union dues. There will be no retroactive deductions if employee is not in receipt of a pay cheque.

4.01

(b) Such deductions as above along with a list of names showing the person and amount deducted shall be remitted to the Financial Secretary of the Union not later than fifteen (15) days of the following month. For the new employee, the list will include the individual's wage, vacation pay rate and start date.

ARTICLE IV- GRIEVANCE PROCEDURE

(a) Parties to this Agreement are agreed that it is of the utmost importance to adjust grievances and disputes as quickly as possible. The aggrieved employee may be present at any or all steps of the grievance procedure if he so desires.

(b) When an employee is to be notified of disciplinary action which is to be recorded on his personal record, a union Representative and the employee will be notified as much as possible, at the same time. Disciplinary action will take place within thirty (30) calendar days of having knowledge of the facts.

(c) A representative of the Union will be present at any and all meetings related to the grievance procedure. When discipline is to be handed to an employee covered under this agreement, they will have union representation.

(d) The Company will pay lost time wages for the grievance committee members, up to a maximum of two (2) employees, during grievance committee meeting. Pay will be at straight time hourly rate and will not be considered as worked for the purpose of article 8 (overtime). The grievance committee meeting will be held at a moment mutually agreed.

4.02 The grievance procedure shall be as follows:

An employee who considers he has a grievance must present it within seven (7) calendar days of when

4

the employee knew or could have reasonably been expected to know of the event leading to the grievance, not to exceed 30 calendar days (for purposes of this paragraph being defined as Monday through Friday inclusive, exclusive of statutory holidays) through or with his Union Steward who shall discuss the grievance with the employee's immediate supervisor. The supervisor shall give his oral decision within five (5) calendar days following the day on which discussions commenced. If this decision is unsatisfactory to the employee or the Union, Step 2 may be followed within five (5) calendar days of the supervisor's decision.

The Union Steward shall reduce the grievance to writing and refer it to the Division Manager. The Steward shall meet with the Division Manager within five (5) calendar days of the grievance being reduced to writing. Within five (5) calendar days of such meeting, the Division Manager shall render his decision in writing, a copy of which will be submitted to the Steward and the aggrieved employee. If such reply does not contain a satisfactory settlement, then the grievance may be referred by either party to arbitration as provided for in Article V.

4.03 In the grievance procedure outlined above, presentations of grievances and decisions where called for in writing, shall be on forms mutually agreed upon by the Company and the Union.

4.04 Any matter or question arising between the Company and the Union regarding the administration, interpretation, alleged violation, or application of this Agreement may be submitted in writing by either party as Step 2 of the grievance procedure, which in the case of a Company grievance shall be read and construed with the necessary changes.

4.05 Notwithstanding any other provisions in this Article, should the Company decide to discharge an employee or suspend an employee pending discharge, notification by the Company shall be made to such employee in the presence of the Steward or his designate. The Union agrees that it shall designate a senior man on each job to act as its representative, unless such person is the one to be discharged or suspended, in which case the next senior person shall be the one so designated. The aforesaid provisions shall apply only when a Steward or Assistant Steward, as provided for in 6.01, is not on the jobsite in question. When an employee has been required to leave the premises previously, he will be permitted to return to the Company office to receive notification in this manner. Upon failure to return, he will be advised by mail. Should the employee wish to file a grievance against the discharge, it shall be reduced to writing within fourteen (14) calendar days. In all other regards, the grievance procedure shall commence in accordance with Step 2 as provided in 4.02. Should the matter not be settled at this time, a grievance may then be referred to arbitration as provided for in Article V.

4.06 When any employee is off work with permission due to sickness, days off, leave of absence, or vacation, such time off will not be regarded as regular working days within the meaning of this Agreement. If an employee is off due to injury under the W.S.1.B. Act, the period of absence, not to exceed six (6) months, will be credited to the individual's progression and all other provisions which apply within the meaning of the Agreement.

5

4.07 All timelines described in this Article may be extended upon mutual agreement.

ARTICLE V- ARBITRATION

5.01 Both parties to the Agreement agree that any alleged misinterpretation or violation of the provisions of this Agreement, including any grievance which has been carried through the prescribed steps of the grievance procedure outlined in Article IV and which has not been settled may be referred to a single Arbitrator at the written request of the party instituting the grievance provided such a request must be received not later than fourteen (14) calendar days after the decision has been made or has been rendered as provided in Step 2 of the grievance procedure.

5.02 The Union and the Company shall within fourteen calendar (14) days from the notice of arbitration appoint the arbitrator on which they mutually agree. Should the parties fail to agree on an arbitrator, then they will notify the Minister of Labour of the Province of Ontario who will be asked to name an Arbitrator.

5.03 (a) The Arbitrator shall not have a power to alter, change, or add to this Agreement or to

substitute any new provisions for any existing provisions of this Agreement.

(b) At the request of the Arbitrator the parties will make available witnesses to give oral or written evidence which in the Arbitrator's opinion is relevant and necessary for the determination of the matters in issued.

(c) The Arbitrator shall have the authority to uphold, modify, or set aside any discharge, suspension or other disciplinary measure.

5.04 The decision of the Arbitrator shall be binding upon both parties.

5.05 When mutually agreed upon by both parties of this Agreement, the parties may use a Board of Arbitration.

5.06 Each of the parties to this ~greement will jointly share the expenses of the Arbitrator.

ARTICLE VI- REPRESENTATION

6.01 The Company recognizes up to two (2) official stewards to represent the pump employees and up to two (2) official stewards to represent the vacuum employees.

6.02 (a) The Company agrees to recognize a Union committee to comprise of no more than four (4) of its employees for the purpose of collective bargaining providing both Vacuum and Pump Divisions are represented. In no event would a committee of more than four (4) employees be

6

recognized. A National Representative of the CEP will attend bargaining.

(b) The Company will pay the cost for meeting room and time spent negotiating, up to a maximum of three (3) employees and for an eight (8) hour day up to the second day of conciliation. Premiums regardless of time, or day of week would not be applicable.

6.03 The National Representative of UNIFOR and/or the President of the Local Union, or his authorized designee, shall have access to all jobs during working hours subject to plant rules and regulations, but in no case shall his visits interfere with the progress of the work. One of the above-mentioned Union Representatives must be present at any or all meetings between the Company and Union employee members.

ARTICLE VII • HOURS OF WORK

7.01 The work period shall be from 7:00am to 3:30p.m. or shall be from 7:30am to 4:00p.m. or shall be from 8:00 am to 4:30 p.m. with a thirty (30) minutes period for lunch each working day and such time shall not be included as part of the working period.

For accounting purposes, a working day shall mean a twenty-four (24) hour period commencing at 7:00a.m. or 7:30a.m. or 8:00a.m. as applicable.

If necessary, the normal hours of work will be adjusted to the customer's requested starting and quitting times, provided there is mutual agreement.

7.02 The Company agrees to guarantee four (4) hours pay to all employees who are scheduled to work and report pursuant to the Company's directions, either to the office of the Company or to the job site. Between the hours of 7:30 a.m. and 4:30 p.m. Monday to Friday, all employees will inquire, per company directions, as to further assignments prior to leaving for home. Employees failing to inquire, and accept, as to further assignments prior to leaving for home will only be paid for the time at work.

7.03 All work conducted after 4:00 p.m. or 4:30 p.m. by Class I Operators, Class II Operators, Technician Class I and Technician Class II will be paid at the rate of one and one half (11/2) times the regular rate.

7.04 All work performed after 4:00p.m. or 4:30p.m. by probationary employees will be paid a shift premium of $1.00 per hour. All employees in the Apprentice Classification will be paid a shift premium of $1.20 per hour. All employees in the Support Personnel Classification will be paid a shift premium of $1.40 per hour.

7.05 The Company will contact the Employees in order of their seniority and qualification within their department to dispatch daily work assignments. Employees who are not currently assigned work will be contacted by telephone in order of seniority and offered the available work. If an employee works six (6) hours or less they will still be called in order of seniority for any work assignments for which they are qualified.

The Employees understand that the Company must be able to respond to a Customer's call immediately at any time. It is further understood, that to facilitate this the Company will attempt to assign the work in accordance with the sequence established by this Article. The work will be assigned to the first appropriate Employee who confirms his availability to do such work. Employees shall provide at least, one (1) and a maximum of two (2) contact phone number to the Company.

7

ARTICLE VIII • OVERTIME HOURS

8.01 Overtime in operations will be offered and distributed when reasonably feasible, equally amongst the non-probationary employees provided they have checked off their availability on an Overtime Call List. If there are no non-probationary employees available for overtime then it may be offered to the probationary employees.

8.02

In the event the Company is unable to fulfill all overtime requirements from the overtime call list, the Company will expect all employees to respond to overtime requests in reverse order of seniority, based on qualifications.

An overtime call list will be posted weekly (Monday through Thursday, 4:30 PM) for those employees to ic;lentify their ~availability" for overtime work and must be checked weekly by Thursday 4:30 p.m. The overtime call list will be utilized for work which is scheduled after 4:30 p.m., for afternoons and nights Monday to Friday, Saturday, Sunday and Statutory Holidays.

The Company will post an updated overtime list weekly. The list shall be a year to date total for all overtime hours worked. The list will go to zero hours on January 1st of each year, and the senior employee will lead the overtime list at the start of the year.

All customer job requests which are called in during business hours and which begin at 4:00 p.m. or 4:30 p.m. or later, will be offered by continuing seniority list. Therefore, the overtime check list is only used during after-hour requests through the answering service and/or the supervisor on call.

Those employees on the "day off'' board due to working the previous evening (past midnight) must notify their supervisor if they wish to return to the scheduling board before being off work for a period of Eight (8) hours minimum. Said employees will only notify their supervisor during business hours. All employees will be placed back on the scheduling board after Eight (8) hours "off work" time.

The overtime call list will start with employees who have checked their names for "availability" with the least amount of overtime worked on the year to date total. Employees will be charged for overtime worked per day. Employees who have checked "availability'' and refuse an overtime call-out will be charged double the hours worked on that particular job. Employees who have checked "availability" and do not answer the call or respond within a fifteen (15) minute time frame will be charged the hours worked on that particular job. Employees who have not checked the "availability" and refuse an overtime call­out will not be charged the hours worked on that particular job.

(a) Overtime at the rate of one and one-half (11/2) times the regular rate will be paid for all work performed after eight hours Monday through Friday and all work performed Saturday through to 7:30a.m. Monday, by Mechanic Level II.

(b) The Apprentice class I Classification will receive overtime at the rate of one and one-half (1 %) time the regular rate after forty (40) hours of work in a weekly period. This shall also apply to probationary employees.

Employees in the Apprentice class I Classification will be paid a shift premium of $2.50 per

8

hour for all work performed Saturday through 7:30a.m. Monday when forty (40) hours have not been worked within that week.

(c) Overtime at the rate of double the regular rate shall be paid for all work performed on Statutory Holidays.

8.03 All travel time to and from job sites shall be paid at regular straight time rates. Applicable premiums shall apply while transporting materials (i.e. industrial waste product, potable water products, etc.).

8.04 Employees responding to calls, not continuous with their regular working day, shall be paid at overtime rates as provided in Section 8.02 above. The minimum payment for such work shall equal not less than four (4) hours at the appropriate rates.

8.05 When an employee works ten (10) or more continuous hours, a free hot meal and beverage will be supplied and if required to continue working, a meal at every four (4) hours thereafter. The employee shall be allowed a thirty (30) minute meal break to eat same. When such meals are not provided the effected Employee shall receive $16.00 in lieu of the foregoing.

Continuous meals: no break of more than thirty (30) minutes between billings.

Travel Time will be considered time worked when qualifying for meal allowance only; however, where an employee is out of town and receiving subsistence, the first overtime meal allowance after working ten (10) hours is waived.

8.06 When an employee works outside the normal hours of work they will be paid at the applicable rates. If an employee starts work before their normal start time all hours worked after eight (8) hours of continuous work will be paid at overtime rates.

8.07 The Company is not required to advise the employees as to the specific location of overtime work, but shall advise the employees as to the name of the customer and approximate commencing time for said overtime work.

ARTICLE IX • JURY/WITNESS DUTY

9.01 The Company agrees to reimburse all non-probationary employees the difference between their normal daily earnings (eight (8) times their base straight time hourly rate) and that amount the employee received while he is serving when subpoenaed to Jury Duty or as a Crown witness for a period not to exceed thirty (30) scheduled working days.

10.01 (a)

ARTICLE X· FUNERAL LEAVE

In the event of the death of a spouse, common law spouse, same sex domestic partner, child, step-child, the Company shall grant a leave of absence with pay not exceeding five (5) consecutive work days for an employee who has completed the probationary period and is actively employed at the time of bereavement. In the event of the death of a Father, Mother, Son-in-law, Daughter-in-law, Brother, Sister, Mother-in-Law, Father-in -Law, Grandchild, Grandparents, Brother-in - Law, Sister-in-Law, of an employee who has completed the

9

probationary period and is actively employed at the time of bereavement the Company shall grant a leave of absence with pay not exceeding three (3) days from the time death occurs providing these days the Employee would normally have reported to work. If the employee acts as the executor of the will, the employee shall be granted an additional two (2) days leave. If the employee does not attend the funeral, the employee shall be granted one (1) leave rather than three (3) days leave as provided for in the previous sentence.

(b) Normal daily earnings shall equate to hours lost to a maximum of 8 hours per day times the employee's straight-time rate

ARTICLE XI • SENIOR MEN

11.01 When at the request of a customer and subject to his approval, the Company man, assuming equal job qualifications and experience, he shall not be removed from said position by any employee by reason of seniority after commencement of wor1<. If the job should continue and the person so designated is no longer filling the position, the successor Group Leader shall be appointed also in the foregoing manner. The senior man on each pump shall be in charge of the unit and designated as Leadman provided that he has the necessary qualifications. The Leadman shall receive fifty cents ($0.50) per hour premium over the applicable rate of pay. On February 1st 2018, the premium will be seventy-five cents {$0.75) per hour.

11.02

Personnel will remain assigned and scheduled whenever possible to a job through completion if requested in writing by the customer and reviewed with the Union. In any event, in the interest of safety and client relations, the Company will have the right to continue scheduling the most senior operator through to job completion. If an employee refuses a job assignment outside the Samia area then that employee shall not have the right to bump an employee for the duration of that job.

(a) The Leadman on each Dry Vac Unit and Wet Vac Unit shall be in charge provided that he has the necessary qualifications, of all facets of the job including making sure all paperwork is completed, ensuring the unit and all necessary equipment is ready and transported to the job site, all company I customer safety requirements are adhered to and his fellow workers' questions and I or safety concerns are answered as well as maintaining customer communications and satisfaction. The Leadman shall receive fifty cents ($0.50) per hour premium over the applicable rate of pay. On February 151 2018, the premium will be seventy-five cents ($0.75) per hour.

(b) Group Leaders, when designated for pumps shall be paid one dollar ($1.00) per hour premium over the Class I Operator rate, and when designated for Vacuum units shall be paid one dollar ($1.00) per hour premium over the Class I Operator rate.

(a) Qualified Vacuum Operators will be offered Vacuum Unit assignment opportunities in order of seniority.

(b) Vacuum technicians assignments will also be offered to Vacuum Operators, not otherwise engaged, in order of seniority provided they advise their Supervisor.

(c) Class I and II Vacuum Operators may accept assignments at Technician class I rates, at their

10

option.

ARTICLE XII - SENIORITY

12.01 The purpose of seniority is to provide a fair and equitable policy governing lay-offs, rehiring, and job progression.

12.02 It is agreed that seniority is based on the length of employment with the Company. The probationary period is 1000 working hours following which the employee will be placed on the seniority list and his employment will be dated back to his last date of hire. The Company agrees to post a Seniority list each January 1st and July 1st and provide a copy to the Union. Additions and corrections to the Seniority list shall be made as they occur.

12.03 In the event of a reduction of the work force, the Company agrees that probationary employees shall be the first laid-off after which the employee with the least seniority will be laid-off. The last employee laid-off shall be the first rehired.

12.04 Job progression for classification and wages set out in Schedule "N are as indicated herein.

(a) Apprentice class I = (b) Technician class II= (c) Technician class I = (d) Operator class II= (e) Operator class I =

1 ,000 hours worked. next nine (9) months. next nine (9) months. next twelve (12) months. next twelve (12) months.

Note# 1: Experienced employees will be placed in the progression, by mutual agreement of the parties, at the pay level their qualifications warrant.

Note# 2: Operator class 1: Vacation and vacation pay: Shall be paid as outlined in article XV, 15.03

Benefits: Shall be available after completion of the probation period.

R.R.S.P.: Shall be available after completion of the probation period.

12.05 It is agreed that the seniority of the employees now employed will start as of the last date of their employment which has been continuous to the present time. It is further agreed by the parties that the discharge, discipline, or lay-off of probationary employees shall not be a subject of the grievance procedure.

12.06 An employee shall be considered to have lost all seniority and his employment if:

(a) He voluntarily quits the employ.

(b) Is discharged for just cause and such discharge is sustained.

(c) If on a continuous lay-off in excess of six (6) months.

11

(d) He accepts a position with the Company outside the scope of the bargaining unit and does not maintain his membership in good standing with the Local Union.

After a period of six (6) months the said employee must decide whether he wishes to return to the bargaining unit or maintain his Company position which will nullify his Union membership and revoke all of his seniority rights under this Agreement.

(e) The employee has not worked more than 80 hours in the past 30 calendar days and he is "Absent without Leave" for a period of five (5) working days.

ARTICLE XIII- METHODS OF PAYING WAGES AND TERMINATION PAY

13.01 (a) The Company agrees to pay and the Union agrees to accept the pay scale as shown in Schedule "A" attached and which is made part of this Agreement.

(b) The Company pay week will begin on Monday at 7:00am and end on Monday at 6:59am.

13.02 The Company will endeavour to distribute payroll on Thursday of each week. Where a Statutory Holiday falls on a Friday, the Company will ensure that payroll is distributed on the Thursday.

13.03 All employees shall receive sufficient time with pay for the returning of tools and equipment when being laid-off.

13.04 The Company agrees that when an employee is laid-off or discharged for cause that he shall have his vacation pay, and record of employment when receiving his wages. If any employee quits, he shall wait for his wages to be paid on the next regular pay day.

ARTICLE XIV- HOLIDAYS

14.01 Days designated as Statutory Holidays shall be as follows:

New Year's Day Good Friday Victoria Day Canada Day August Civic Holiday Family Day

Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day

For the purposes of time off, designated holidays will be observed on the traditional calendar date or date decreed by statute except that employees with Saturday and Sunday off permanently will be given any designated holiday that falls on Saturday or Sunday either on the Monday immediately following or on the Friday immediately preceding the traditional calendar date for the holiday, as may be determined by the Company. Statutory holidays are to be paid at the rate of four percent (4%) included in the vacation pay.

14.02 The Employer will abide by the legislation for working a Statutory Holiday. If the Federal or Provincial

12

Government adds a new Statutory Holiday during the life of this agreement, it will be added to the agreement.

ARTICLE XV- VACATIONS

15.01 Vacation pay for probationary employees is to be at the rate of seven (7) percent of all monies earned, and shall be paid only to the individual employees at the beginning of each employee's assigned vacation period.

15.02 Vacation pay for all other employees shall be paid to the individual employee at the beginning of his/her vacation period in the percentage amount of previous year's earnings as indicated in Section 15.03.

15.03

16.01

(a) All employees who have completed one (1) years work with the Company but have not completed two (2) years of employment with the Company shall be entiUed to two (2) weeks vacation at eight (8) percent.

(b) All employees who have completed two (2) years work with the Company but less than four (4) years work with the Company shall be entitled to three (3) week vacation at eight (8) percent.

(c) All employees who have completed four (4) years work with the Company but less than six (6) years of employment with the Company shall be entitled to four (4) weeks vacation at nine (9) percent.

(d) All employees who have completed six (6) years or more with the Company shall be entitled to five (5) weeks vacation at ten (10) percent.

(e) Vacation shall be taken at a time which is mutually satisfactory to the Employee and the Company, with the understanding that vacations shall not interfere with the production.

ARTICLE XVI • TRAVEL TIME AND EXPENSES

(a) When necessary for any employee to travel beyond a radius of twenty-five (25) miles from the City Hall of Samia and is required to stay away from home over night, such employee shall be provided reasonable sleeping accommodations and fifty-five dollars ($55.00) per diem plus overtime meals allowance as per Article 8.05.

(b) When an employee is required to work out of town on an overnight basis, he shall be paid eight (8) hours at straight time rate if there is no work available and he is required to remain at the assigned location. This is exclusive of travel time to and from the location of work.

16.02 When necessary for any employee to travel beyond a radius of twenty-five (25) miles from the City Hall of Sarnia, such employee shall be reimbursed for all transportation, fare and expenses

13

expended by him in travelling to the job, and upon completion of the job, he shall receive transportation or transportation fare sufficient to take him back to his point of hiring. An employee will be reimbursed an all-inclusive rate of forty cents ($0.40) per kilometer for business use of personal vehicle when required and authorized. This amount will be revised periodically in accordance with the Company policy.

16.03 If an employee is travelling into the United States their per diem and any known expenses will be paid in U.S. funds.

ARTICLE XVII - HEALTH AND SAFETY

17.01 Proper facilities, as designated by customer, will be provided to all employees and sufficient time allotted for the purpose of personal clean up before quitting time.

17.02 When an accident or incident occurs on the job, the Office of the Union will be notified and the Company will make no objections in any way to the Union conducting an independent investigation so long as it does not interfere with production and is subject to all rules and regulations of any customers, if any.

17.03 It is agreed that all employees will be allowed a fifteen (15) minute coffee break in the forenoon and a fifteen (15) minute coffee break in the afternoon. Said break shall be at the same time as the break taken by the employees of the Company's customer.

17.04 The employer agrees to supply all employees with quality water proof clothing, including coat, pants, gloves and boots, face shield or goggles, safety glasses, hard hat, and such other special equipment and clothing that may be required. The above equipment will be furnished at no charge to the employee providing previously furnished worn or used item is returned to employer. Employees will be subject to disciplinary action for misuse, destruction, loss of, or failure to return company equipment, tools, or clothing.

17.05 (a) The Company agrees to provide an annual allowance of one hundred and seventy-five dollars

($175.00) for safety boots and/or personal workwear to each Technician class II, Technician class I, Mechanic class II, Class II and Class I Operator towards C.S.A. Safety Boots and/or personal work wear. In the event an employee's safety boots become damaged and unwearable or unsafe, the Company will reimburse the employee for a replacement pair upon receipt and return of the damaged boots. This allowance is renewable upon the anniversary date of hire or issue The Company agrees to provide fire retardant coveralls where required plus cleaning of same once per week.

Fifty (50) percent of the employees will be paid the first pay in ApMI and the other fifty (50) percent will be paid on first pay of September.

(b) Support Personnel after twenty-four 24 months of employment shall be entitled to the provisions of Article 17.05 (a) and every two (2) years thereafter. Current support personnel, are entitled to work boots, personal work wear at the ratification of this Agreement and every Twenty-four (24) months thereafter.

14

17.06 The Company covers the purchase of prescription safety glasses through the Company's Safety Eye Wear program which meets industry standards to those employees who:

(a) Require safety prescription glasses (b) Are not probationary employees (c) Replacements must be approved by management.

ARTICLE XVIII· BENEFITS

18.01 (a) The Company will pay 100% of the costofO.H.I.P. and portion ofthe cost of the Extended Benefits Package as hereinafter described. If an employee requests a leave of absence for a period he shall be responsible for bearing the cost of the Extended Benefits premiums on the basis of one­quarter of the monthly premiums for each week of absence. The premium must be paid never later than the 15th day of the current month to be covered for the next month.

(b) All Class I operators and all Mechanic level II who have completed their probation period shall contribute at 15% of the monthly premium costs for Extended Benefits and the Company shall be responsible for the remainder of the premium costs.

(c) All non probationary employees currenlly employed at the date of ratification of this collective agreement and Class II operator and, who have finished their probation period shall contribute at 50% of the monthly premium costs for Extended Benefits and the Company shall be responsible for the remainder of the premium costs. Employees who have worked an average of one hundred hours per month in a twelve month period qualify for the foregoing for a maximum period of six months and a minimum, of one month based on the following formula.

Actual hours worked in a twelve month period less twelve hundred hours divided by one hundred and twenty-five hours.

(d) All employees hired following the date of ratification and, who have three (3) years of seniority, shall contribute at 50% of the monthly premium costs for Extended Benefits and the Company shall be responsible for the remainder of the premium costs. Employees who have worked an average of one hundred hours per month in a twelve month period qualify for the foregoing for a maximum period of six months and a minimum, of one month based on the following formula.

Actual hours worked in a twelve month period less twelve hundred hours divided by one hundred and twenty-five hours.

(e) Effective March 2011, all employees that have more than five (5) years seniority shall contribute 15% of the monthly premium costs.

18.02 Extended Benefits are provided as herein described.

(a) Weekly Indemnity 66_% of normal weekly earnings to a minimum of $390.00 weekly and to a maximum to the amount as per Employment insurance. Benefits start on the 1st day of accident and the 8th day of sickness. Benefits payable for fifteen ( 15) weeks.

15

(b) Life Insurance $50,000.00 on each employee. Benefit is reduced by 50% on the employee's 651h birthday. Benefit terminates on the employee's 70th birthday or upon retirement, if earlier.

Dependents Life Insurance Spouse: $10,000 Each child aged - less than 24 hours: None

- 24 hours and more: $ 5,000 Benefit terminates on the employee's 70th birthday or upon retirement, if earlier.

Accidental Death and Dismemberment Insurance $50,000 - this benefit is reduced by 50% on the employee's 651h birthday. Benefit terminates on the employee's 70th birthday or upon retirement, if earlier.

(c) Long Term Disability 66_% of monthly basic earnings with a maximum monthly benefit of $1,800.00. Payment commences following a fifteen (15) week waiting period. Benefit is payable to age 65. W.C.B. and C.P.P. disability benefits (excluding children's benefits) deducted for the L.T.D. Benefit. Disability means "being unable to engage in any occupation".

(d) Extended Health Care Prescription Drugs with Form Reimbursement (100%)

COVERED EXPENSES: - semi-private - prescribed drugs only, no over-the-counter drugs - Psychologists - Max. $400/person/year. Chiropractor, Osteopath, Naturopath, Podiatrist,

Physiotherapist, Speech Therapist & Masseur up to $20/visit - Max. 20 visits payable only after OHIP ceases to pay.

- X-rays by a chiropractor up to $45/person/year. Surgery by Podiatrist up to $200/person/year. Visual Motor Therapy up to $10/hour.

- Private duty nursing Max. $5,000. - Ambulance services. - Out-of-province/country medical. - Orthopaedic shoes - $200.00 per calendar year - Hearing Aids- $500.00 per three year period. - Prosthetic appliances. - Rental of wheel chair, crutches, hospital bed. - Vision care coverage in the amount of $200 per 24 month period (Effective July 1, 201 0). - ANNUAL DEDUCTIBLE - NIL- SINGLE I- NIL- FAMILY - OVERALL MAXIMUM • UNLIMITED -Unless indicated.

For complete details see booklet supplied to you by the actual Insurance Company.

(e) Dental Care COVERED EXPENSES

16

All preventive and basic treatments. Reimbursement based on currently prevailing ODA Fee Guide. Maximum benefit/person/year

$2,000.00 per calendar year

ANNUAL DEDUCTIBLE NIL- SINGLE/- NIL-FAMILY

Note: For more precise details, refer to the Extended Benefits Plans Documents.

ARTICLE XIX - MISCELLANEOUS

19.01 The parties will establish a Joint Occupational Health and Safety Committee of equal representation, with co-chair-persons. Such committee shall audit regularly all equipment, jobs and procedures for compliance with Safety regulations. The committee shall be responsible to ensure all employees are adequately trained and knowledgeable in appropriate Legislation and other Safety requirements.

The Unions Co-chair or designate shall be entitled to participate in any investigations or complaints.

The Company agrees to pay the cost of appropriate Occupational Health and Safety Training.

19.02 In recognition of the fact that customers of the Company have the right to deny access to their premises to individuals including employees covered under this Agreement, the parties agree that in such event and not-withstanding the provisions of Article XI and XII the Company will reschedule elsewhere, any employee thereby affected; available work permitting.

19.03 It is understood an employee will consider the Company Veolia ES Canada Industrial Services inc.) his prime employer and cooperate in making himself available for work assignments. All requests for leave of absence must be approved by the Division Manager.

a) An employee, who is more than one (1) year of seniority, can request a leave of absence without pay of three (3) months minimum and of a twelve (12) months maximum for personal reasons, applicable only one (1) time in a 24 months period from date of return.

The employee must deliver, within ten (10) working days, a written request for approval before his departure, stating his exact dates of his request for leave of absence without pay.

The employee must deliver within ten (1 0) working days a written request before a premature return to work.

An employee can request a leave of a leave of absence without pay for a duration maximum of twelve ( 12) months for school activities, one time during a twenty-four (24) month period.

Both Company and Union approval is needed to grant a leave of absence. Upon an employee's return to work he will be averaged into the overtime call list.

17

An employee must have been on the assignment roster board and available for work for a period of five (5) months between any Leave of Absences.

No Leave of Absences shall last longer than six (6) months unless agreed to by all parties.

The employee will be responsible for keeping current on all Union dues etc. An employee who is in arrears of dues shall not be granted return to work status until an agreement is reached with the Union on a repayment schedule.

The employee is responsible for the total costs of fringe benefits, life insurance, dental plan, medical plan, etc.

The employee on a Leave of Absence will not accrue seniority.

A Leave of Absence is defined as any time over and above an employee's vacation time this is required to be away from the Company.

b) During his leave of absence, without pay, the employee cannot work for a competitor.

19.04 Cost of AZDZ License

The Company is prepared to reimburse employees for the direct cost of the medical and the M.O. T. License fee, if any, up to a cost not to exceed $250.00 upon proof of License. Receipts are required and reimbursement will be paid within two (2) pay periods after receipt.

19.05 The Company and Union agree that any letter of discipline that is twelve (12) months of age will not be used in a progressive discipline process as long as the same issue of discipline has not occurred since the letter was issued.

ARTICLE XX- TERMINATION & SEVERANCE PAY

20.01 If one or more of the employees covered by this Agreement (each a 'Terminated Employee") is or are permanently laid off or has or have his/her or their employment terminated due to a shortage of work or for any other reason, except just cause, retirement or resignation by the employee, the Company shall pay each Terminated Employee termination pay and severance pay determined as follows:

(1) Each Terminated Employee who has been employed by the Company for more than three months and less than five years shall be paid:

(a) termination pay in an amount equal to the wages that the Terminated Employee would have received for a regular non-overtime work week up to a maximum of forty hours at then current base rate classifications without any premium ratings, multiplied by the number of completed years of employment and;

(b) nothing for severance pay;

18

(2) In addition the Company shall continue to provide the then existing benefits to which the Terminated Employee is entitled for the period oftime for which the Terminated Employee is being paid termination pay; provided, however, that those benefits are available to a Terminated Employee under any insurance coverage in place at the time, failing which coverage will be continued for as long as permitted under such insurance coverage.

(3) Each Terminated Employee who has been employed by the Company for five years or more, shall be paid:

(a) termination pay in an amount equal to the wages that the Terminated Employee would have received for a regular non-overtime work week up to a maximum of forty hours at his or her current base rate classification without any premium ratings, multiplied by the number of completed years of employment to a maximum of eight weeks, and;

(b) severance pay in an amount equal to the wages that the Terminated Employee would have received for a regular non-overtime work week up to a maximum of forty hours at his or her current base rate classification without any premium ratings multiplied by the sum of:

(i) the number of the Terminated Employee's completed years of employment; and

(ii) the number of the Terminated Employee's completed months of employment divided by twelve, but shall not exceed twenty-six weeks wages for a regular non­overtime work week up to a maximum of forty hours determined at his or her current base rate classification without any premium ratings.

(4) In addition the Company shall continue to provide the then existing benefits to which the Terminated Employee is entitled for as long as the Terminated employee is entitled to be paid his termination pay as aforesaid; provided, however, that those benefits are available to a Terminated Employee under any insurance coverage in place at that time, failing which coverage will be continued for as long as permitted under such insurance coverage.

(5) The Company agrees to pay out the termination pay and severance pay in a manner that will maximize the benefit to the Terminated Employee so long as it can be done in a manner that it is not prejudicial to the Company and is permitted by law.

ARTICLE XX· DURATION OF AGREEMENT

21.01 This Agreement shall be deemed effective on February 1st, 2017 and shall remain in full force and effect until January 31st, 2020 and shall be automatically renewed from year to year thereafter unless either party notifies the other party in writing of the termination of proposed revision or additions to the Agreement or any provision thereof. Such notification must be given not more than one hundred and fifty (150) days not less than thirty (30) days prior to the 31st of January 2020 or in any year thereafter.

In such event, any negotiations with respect to such proposals, revisions, or additions shall commence within fifteen ( 15) days of such notice. It is further provided that the agreement may be

19

extended by mutual consent of the parties.

21.02 The parties agree that this Agreement upon thirty (30) days' notice by one party to the other may be opened to negotiate adjustments for upgrading conditions including conciliation and termination provisions.

21.03 Retroactivity

Schedule "A" salary is retroactive to February 1, 2017 as well as RRSP and vacation pay for the same period.

Expiry, unless otherwise amended January 31,2017.

ln WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the rJOV. Jo+r. ;Dl+ , at Sarnia, Ontario.

VEOLIA ES CANADA INDUSTRIAL UNIFOR, LOCAL 866-0

20

SCHEDULE"A"

CLASSIFICATION 2016 2/1/2017 2/1/2018 2/1/2019 Support Personnel $19.05 $19.43 $19.82 $20.22

Pump

Apprentice class I $17.95 $18.26 $18.63 $19.00

Technician class II $19.75 $20.10 $20.50 $20.91

Technician class I $21.40 $21.77 $22.21 $22.65

Class II Operator $23.40 $23.81 $24.29 $24.77

Class I Operator $28.10 $28.59 $29.16 $29.75

Pressure water rate (for first operator or single person) $21.00 $21.37 $21.79 $22.23

Vacuum Apprentice class I $18.20 $18.56 $18.94 $19.31

Technician class II $20.25 $20.66 $21.07 $21.49

Technician class I $21.65 $22.08 $22.52 $22.98

Class II Operator $22.70 $23.15 $23.62 $24.09

Class I Operator $27.15 $27.69 $28.25 $28.81

Maintenance Mechanic level I (Certified) $26.75 $27.29 $27.83 $28.39

Mechanic level II (Non-Certified) $22.50 $22.95 $23.41 $23.88

Premium Prep Time Rate $0.50 $0.50 $0.75 $0.75

lead Pump and Vac $0.50 $0.50 $0.75 $0.75

Confined Space Premium $1.00 $1.00 $1.00 $1.00

High Pressure Premium (+20K) $1.00 $1.00 $1.25 $1.50

Hydro Excavator $1.00 $1.00 $1.00 $1.00

RRSP

Class I and II Operators, mechanic level II and Technician class I and 5.00% 5.00% 5.00% 5.00%

Technician class II in year 2

21

LETTERS OF UNDERSTANDING

EXISTING EMPLOYEES

The Company agrees to pay the Mechanics Registration/ Certification Fee and/or renewal, not to exceed two hundred dollars ($200.00), upon the Company receiving a receipt of payment and proof of Registration/Certification and will be paid within two (2) pay periods. The Company will post to all employees on a quarte~y basis the opportunities to cross train between the vac and the water side of the business. Also when new equipment enters the Sarnia business area the opportunities to train for operation and maintenance of such equipment will be offered to Sarnia employees first. Training will be offered on the basis of seniority. Training criteria, including metrics and testing will be established by the company. The subject matter expert will make the final determination regarding the suitability for employees operating the equipment.

CROSS TRAINING

The Company will post to all employees on a quarterly basis the opportunities to cross train between the vac and the water side of the business. Also when new equipment enters the Samia business area the opportunities to train for operation and maintenance of such equipment will be offered to Sarnia employees first. Training will be offered on the basis of seniority. Training criteria, including metrics and testing will be established by the company. The subject matter expert will make the final determination regarding the suitability for employees operating the equipment.

EXCEPTIONS LIST

The Company will complete an "exceptions" list one time per year to note which jobs the employee is not interested in performing. The company will develop the list and the employee's selections will be kept on file for one (1) year and may be updated one time per quarter. Calls will be made by seniority based on the exceptions list.

UNIFOR Paid Education Leave

The Company agrees to pay into a special fund an amount of $1000.00 per year to provide for a UNIFOR Paid Education Leave (PEL) program. Such payment will be remitted on a quarterly basis into a trust fund established by the UNIFOR National Union effective from the date of ratification. Payments will be sent by the Company to the following address:

Unifor Paid Education Leave Program 205 Placer Court

Toronto, ON M2H 3H9

The Company shall approve Education Leave for the members of a bargaining unit at the request of the Union. Candidates for PEL shall be selected by the Union to attend. The Union will provide written confirmation to the Company of such selection. Employees on PEL leave of absence will continue to accrue seniority and service.

22

BUNDLE EXTRACTOR

1. Bundle extraction, and associated work, which includes the operation of bundle pullers, (the "work in dispute") is work performed pursuant to the IUOE's Provincial Collective Agreement;

2. The work in dispute, to the extent that it is self-performed and/or performed using Company equipment, will be assigned exclusively to employees who are employed in the Union's bargaining unit, who are currently, and who remain, members in good standing of the IUOE. On further condition, such assignments will be made to employees on the basis of their seniority in the Union's bargaining unit, and subject to an employee possessing the skills, abilities and qualifications to perform the work associated with the assignment

3. For greater certainty, the Company retains the right to dispatch and to assign equipment to work, including in respect of the work in dispute, and the Company need not match the equipment to an employee's skills, abilities or qualifications. Nothing herein shall permit the Company to assign equipment to work, including in respect of the work in dispute, in a manner that is intended to defeat seniority rights;

4. In the event that the Company requires additional employees to perform the work in dispute, it shall exclusively select, train and sponsor employees to become members of the IUOE from within the Union's bargaining unit in accordance with the Cross-Training Letter of Understanding contained in this Collective Agreement. In addition to those employees who are employed in the Union's bargaining unit and who are currently, and who remain, members in good standing ofthe IUOE, only those employees selected, trained and sponsored in accordance with this paragraph are entitled to the provisions of this Letter of Understanding.

23