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.DEC/21/2016/WED 01:36PM LIUNA FAX No. 289-291-1120 P. 007/009 COLLECTIVE BETWEEN: 'fACC CONSTRUCTION LTD. (hereinafter called the 'Etn.ployer') -AND- LABOUF.ERS' INTE.RNA1iiONAL UNION of NORTH AMERICA, LOCAL 1081 (hereinafter called the 'Union') E__ERIOD COVERED: JANUARY 1. 2013 to DECEMBER 31. 2016
Transcript
Page 1: COLLECTIVE AGREE~IENT and Civil Engineeri… · COLLECTIVE AGREE~IENT BETWEEN: 'fACC CONSTRUCTION LTD. (hereinafter called the 'Etn.ployer') -AND-LABOUF.ERS' INTE.RNA1iiONAL UNION

.DEC/21/2016/WED 01:36PM LIUNA FAX No. 289-291-1120 P. 007/009

COLLECTIVE AGREE~IENT

BETWEEN:

'fACC CONSTRUCTION LTD. (hereinafter called the 'Etn.ployer')

-AND-

LABOUF.ERS' INTE.RNA1iiONAL UNION

of NORTH AMERICA, LOCAL 1081 (hereinafter called the 'Union')

E__ERIOD COVERED: JANUARY 1. 2013 to DECEMBER 31. 2016

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.DEC/21/20 16/WED 03: 13 PM LIUNA FAX No. 289-291-1120

Article

II

Ill IV v VI VII

VIII IX X XI XII XIII xrv Schedule A

TABLE of CONTENTS

Description Page No.

Recognition ....................... , .................. ,.... 3 Union Security ............................... ,,.,....... 3-4 Management Rights ............ ...................... 4 Union Stewards .................................... .,... 5 Union/Management Grievance................. 5 Grievance Procedure................................ 5-6 Arbitration ........................... ,,_.,.,., .............. 6-7 Union Representation ....... , ... ,................... 7 Schedule Summary ................................... 7

Productivity................................................ 7 No Strike/No Lock Out................................ B Coffee and Luridl8rea~:~.=·.:-::·:·~........ 8

Safety and Sanitation................................. 8-9 Duration ........................................... ,. ......... 9 Monetary .... ,,, ...... ~ ................. , .. ,,,,~ ,, ...... ,,\·~···· .. ,, 10-11 Training Period ........................................... 12

Hours of Work & Overtime .......................... 12 Vacation Pay & Statutory Holiday Pay........ 12 !ravel Allowance .......................................... 13 Reporting Allowance ;,., ................................ 13 Payment of Wages ,.,, .............................. 13

Pension ~ Weifare- Trarnlng ........................ 14

Working Dt,~es ~----~ ........................................ 14 Letter of Understandlng ................................ 15

.i.

?.003/015

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THIS AGREEMENT made and entered Into this_ day of ____ ZOl3.

WHEREAS the Company and the Union wish to make a common collective agreement, with rsspect to certain employees of the Company engaged in construction and to provide for and ensure uniform interpretation and application In the administration ofthe Collective Bargaining Agreement.

ARTICLE 1 - RECOGNITION Therefore, this agreement between the Union and the Company, signed by the accredited officials of both parti€:s, has been mutually agreed upon and both parties as laid out will carry out the terms in letter and spirit. The agreement covers all employees of the Company engaged as construction labourers In road construction, sewer and watermaln construction, structures, common excavation and building site prep~ratlon, etc., and all work Incidental thereto on all construction projects within the Counties of BRANT1 NORFOlK, WELLINGION,

DOH=t:RIN and GREY and the REGIONAL MUNICIPALITY OF WATERLOO, save and except non-working foreman and persons above that rank, including office and clerlccd, engineering staff and permanent employees at the employers quarry, shop and plant operations.

ARJIClE II - UNION SECURITY · 2.01 All employees covered by this agreement as a condition of continued employment must be and remain n:'embers in good standing of the Union .

I

. f :2.02 The Employer will follow the following protedure when hiring employees cov~red by this agreement: r

(A) The Employer will notify the Union of the names of regular employees recalled.

(B) The Employer agrees to call the Local Union for its supply of men. It is understood that lfthe Local Union is onable to pr'ovide qualified and competent men within tw~nty-four (24) :·,ours, the Employer is free to hire such labourers, as is available. Th~; Employer may recall former employees through the Union offJce. The

·.Employer will notify the Union once per week of employees rehired or hired from other sources.

(C) New employees will make application for membership in the llnion at tl1e time of hirlng, and will becoh1e andrernaln members of the Union in good standing as a condition of employment after having worked thirtY {30) calendar days. A member in good standing will be defined for the purpose of this agreement to be ;:)n employee who faHs under the terms of this agreement and whose Union initiation fee and union dues are not in arrears. I

(D) The Employer, from time to time, shall tr-ain hew employees in the. construction trade. These employees shall be considered Apprentices. The parties hereto agree that use of Apprentices will be permitted and the ratio shall be one Apprentice for every ten regular employees hired. It is· the Intention of both parties that the said Apprentices shall be given training and guldahce in the skills necessary to complete various construction tasks. The Employer shall lay off members who a're still on this Apprentice rate before members who are getting 100% of their rate classification. 1he rates shall be as follows:

F!rst 0-'600 hours Second 600-1200 hour's Third 1200 hours and over

60% of Base Rate 80% of Base Rate 100% of Base Rate

3

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All new Apprentices who are not members of the Union and are hired on and after the signing of this agreement shari be considered probationary employees for the first ninety (90) calendar days of employment. As a condition of employment, the employee shall, within ninety (90) days of commencement of employment, become and remain a member of the Union and recelve ail benefits from the first day following the probationary period of employment and be subject to all conditions of this agreement.

2,03 During the lifetime of this agreement the Company agrees to deduct to the extent authorized in writing but not otherwise from the last pay cheque of each month, the monthly dues, annual assessment and initiation fees of each employee covered by thls agreement and to remit such monles as deducted to th~ local Union office not later than the fifteenth (1St") day of the month folfowfng the date.upon which such union dues, annual assessment and Initiation fees were deducted. s·uch authorization will be in duplicate in accordance with Article 2.05.

2.04 The Union must supply the Company with .app!Jcatlohs for union membership and dues deduction authorization forms, which wHI be presented to all new employees on the day the new employee Is hlred. All completed copies of the applications for union membership cards will be forwarded to the Union on the fifteenth (15th) and the thirtieth (30{!)) day of each month to serve as notification of commencement of employment. Upon termination of employment of any employees1 his dues' deduction authorization will be returned to the Union within five (5) working days. It is expressly agreed that the Union will save the Company

-----.-ha-r-niiess ·from all deductions It directs the Company to make under Article lL

2.05 When It Is necessary to layoff or rehire employees who have been laid oft the employees wiil be selected o.n the basis of seniority in their Job classification combined with qualifications and ablllty to perform the work assigned. This P.rticle will only apply to those employees with five {5) years or more service with hls Employer.

2.06 Employees wlll be granted leave of absence without pay to attend t.tnfon conventions upon written application to th~ Company by thg employee.

2.07 All references in the agreement to the masculine gender shall apply also to the feminine gender.

ARTlClE Ill ~ MANAGEMENT RIGHTS 3.01 The Union agrees that it is the exclusive function of the Company:

A) To conduct Its business in :all respects in accordance with its commitments and responslbilitles1

including the right to manage the jobs, locate, extend, cl.lrta11 or cease operations, to determine the number o( men requ!red at any or all locations, to determine the kinds and location of machines, tools and equipment to be i.1sed and the schedules of productions, to judge the qualifications of the employees and to maintain order, discipline and efficiency; ·

(B) To hire, discharge, classify, transfer, promote, demote/ layoff, suspend or otherwise discipllne employees/ provided that a claim by an employee that he has been discharged without reasonable cause w!U be subject to the provrslons of the Grievance Procedure,

{C) To make1 alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the employees. It Is agreed that these functions will not be exercised in a manner inconsistent with the express provisions of thfs agreemenL

CollecUve Agroerrnml- Siolll:l ond F..vane Llmi!e<l and LIUNA l.oe.ftl 1 oe 1

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ARTICLE IV- UNION STEWARDS

4.01 The Union will have the right to appolnt or select a reasonable number of stewards to assist employees in presenting their grievance to the Company and sup~rvlse the administration of this agreement. The Union agrees that it will keep the Company supplied with a llst of the stewards and officers and any changes i:hat occur. The Company will not be obliged to recognize any stewards until it has been Informed In writing of the name of the steward appointed.

4.02 Th~ Employer agrees not to discriminate against shop stewards for performing their duties_ It is understood that the steward's duties will in no way interfere with the progress of the work. The Union Steward will be one of the last two employees ret;alned on the job by the Employer, provided he is competent and capable of performlr.g the work1 in the judgment of the management

ARTICLE V- UNION/MANAGEMENT GRIEVANCE 5.01 It is understood that the Company may file a grievance with the Union and that if such complaint is not settled to the Company's satisfaction, it may be treated as a grievance and referred to arbltratioh in the same way as a grievance of an employee. Such grievances wJJI be processed as Step #2 of the Grievance Procedure as set out in Article VI hereof. --------------------5,02 A union policy grievance which is defined as an alleged violation of this agreement concerning alf or a substantial number of employees in the bargaining unit, in regard to which an individual employee could not grfeve, or in regard to which a substantial number of employees have signified an Intention to grieve~ may be brought forward ln wrltlng at Step #2 of the Grfevance Procedur~ at any time within five (5) full working days after the circumstances giving rise to such grievan.::e occurred, and If It Is not settled at that- stage, It may be processed to arbltration in the same manner as the grievance of an employee.

ARTIClE VI~ GRIEVANCE PROCEDURE 6.01 Any differences1 disputes or complaints arising over the interpretation or apj:)lication of this agreement will be submitted In wrftfng In trlplicate on forms supplied by the Unlon and signed by the aggrieved employee.

· There will be an earnest effort on the part of both parties to settle such grievances promptly through the following steps, It (s understood that an employee rloes not have a grievance until he has discussed the matter with his foreman and given him an opportunity of dealing with the comp!aint.

Step!;. Within flve (5) working days after the circumstances giving rise to the grlev~nct occurred or originated, the Clggrieved employee will present his grievance orally or in writing to his superv[sor at this step. The supervisor will give his decision within two (2) fu[l working days,

St~D 2: Wlth;n ten (10) working days following the decision in Step 1, the aggrieved em~loyee(s) and/or an official or officials of the Union will meet with representatives of the Employer at vJhich tirne the written record of the grievance wili be presented. Th~ decision will be given in writing within five (5) full working days foJiowing this meeting.

6.02. Falllng settlement under Step 2 of any difference between the parties arising from the interpretation, adrnln!stration, or alleged violation of this agreement including any questions as to whether a matter is arbltral, such differences may be taken to arbitration if received within ten (10) full work[ng days after the decision in S~ep 2 Is given, it will be deemed to have been abandoned,

Co!Jec.Uva Agreement- S!eed eM Evans Urnile<l and UUNA Loeat 10!1

'', .• 5

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6.03 No complaint or grievance may be submitted or considered under the grievance procedure unless It has been presented within five (5) working dnys after the clrcumsttlnces giving rise to the griev~nce occurred or originated.

6.04 However, the parties agree that this period will be extended to ftfte!:n (15) days where an individual employee presents a grievance concerning wages.

6.05 Any complaint or grievance as to the interpretation or alleged violation of the provisions of this agl'eement arising dfrectry between the Employer al1d the Union, affecting the Union or Employer as such, either party will have the right to file a grievance beginning at Step #2 of the grievance procedure as outl;ned above In Article V herein. Such grievances will conform to the provisions of thls Article and if it is not resolved, may be process~d to arbitration in the same way as the grievance of an employee.

6.06 A clalrn by an employee that he has been unjustly discharged will be treated as a grievance if a written statement of such grievance is lodged wit~ the Employer' within five (5) working days after the discharge is affected. Such special grievance may be settled under Dispute Procedure by:

(A) Confirming the Employer's action in dismissing the emplcyee; {B) Reinstating the employee with full compensation for time lost; 1CfBy any other arrangemen"t which' may be .. deemed just and equ"itable:-·--

6.07 It Is expressly agreed that probationary employees will not have recourse to the grievance procedure unless the rates of pay and Pension and Welfare benefits of this contract are violated. A non-union ;:>robationary employee wHJ not have any Pension and Welfare benefits pald on his behalf during the first thirty (30) working days of his employment unless to continue his empioyment beyond the thirty (30) worked days,

ARTIClE VII- ARBITRATION 7.01 When eithP-r party requests t.hat a dispute be submitted to arbitration as herein before provided, It will notify the other party lh writing by registered mail1 and at the same time nominate an arbitrator, Within five (5) fuil working days after receipt of such notification, the other party will nominate an arbitrator, and falling to do so, the notifYing party will have the right 'to request the Minister of Labour of the Province of Ontario to appoint such nominee. The two (2.} Arbitrators so nominated will attempt to select by agreement a chairman within a period of five (5) full working days following the date of ·their appointment1 and if unable to agree, they will request the Minister of labour for the Province of Ontario to appoint a chairman.

7.02 No person may be appointed as an arbitrator who has bten Involved in un attempt to -negotiate or se~tle a grievance.

7,03 No matter can be submitted to arbitration, which has not been properly carried through the proper steps of the Grievance Procedure.

7,04 The Arbitration Board will not be authorized to make any decision inconsistent with the provisions of this agreement, nor alter, modify, or amend any part of this agreement or to substitute any new provisions for any existing provisions.

7.05 'The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority of such Board will be final and blndillg upon the parties hereto and the employees concerned. If there ls no maJority decision, the decision of the chairman will be fin<1>l and binding.

Co\lecUvo AQreemenl- S\aed snd EvoM l1n11l~d and LIUNA Loc:al 10!! 1

6

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7.06 Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly b9arthe expenses for the chairman of the Arbitrator Board.

7.07 (A) The nature of thE: grievance, the remedy sought and the section or sections of the agreement which are alleged to have been viofated will be set out in the written record of the grievance and may not be subject to change in later steps without the fuJI agreement of the Union and the Company.

(Bj In determining the time, which is allowed in the various steps, Sundays~ and Holidays wHI be excluded and any time limits may be extendE:d by agreement in wrrting or by mutual agreement.

(c) If advant3ge of the provisions of Article VI and VII hereof Is not taken within the time llmlts specified herein or as extended In writing as set out above~ the grievance will be deemed to have been abandoned and may not be reopened.

ARTICLE VIJJ- Ui'JION REPRESENTATION 8.01 The Union representatives will, In the course of their duties, have access to the work; where possible; .on which members of the Union are employed and the Employer will assist the Union representat!ves to obtain a pass to the premises where necessary, The Union representatives will first make their presence known to the

...... ___ Em.ployer's most senior representative in the job offices, In ho fnstan'ce, however, shall they interfere With the

progress of the work except to correct safety violations and then only after consultation and agreement with the employer's representative to whom they first made their presence kr:10wn,

8.02 The Union representative when on site will abide by all safety rules as stipulated in the appropriate safety acts or regulations.

ARTICL(.; IX - SCHEDUlE RE: Holidays, Vacation Pav, Hours of Work,. Overtime, Reporting Time, Welfare, Etcetara, and Classifications e~ Wages 9.01 Attached to this agreement is Schedule 11A'1, covering holidays, vacation pay, hours of work, etcetera,

ARliCLE X~ PRODUCTIVITY 10.01 The Union and the Employer recognize the mutual value of improving, by all proper and reasonable means, the productivity of the individual workman nnd both will undertake Individually and jointly to promote such increased productivity. The Union agrees to assist the Company by all means in its power to secure si<Hied and necessary workmen.

10.02 The Unlrm agrees that it will not involve the Employer in any dispute, whlch may arise between the Union and any other contractor and the employees of such other contractor. The Unlon further :;.grees that it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes.

10.03 The Union and the Employer agree that; on an annual basis, the Employer requires the labour staff to be fully trained and updated with the latest safety procedures, productivity, and construction courses. Both the Union and the Employer will do the utmost In encouraging all members to take various courses throughout the construction layoff period.

Co!lt:IC~VIJ ,t..graomool- Si~cd and Evan; Uml!&d 8nd liUNA Loe~l 1<l& I

7

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ARTIClE XI ~ NO STRIKE OR LOCK OUT 11.01 During the term of this agreement, the Union agrees that there will be no strike. and the Company agrees that there will be no lock out.

11.02 The words ''STRIKE" and "LOCK OUT11 In this agreement shall mean 1'STRfi<E" and 1'lOCK OUI" as defined in the Ontario labour Relations Act. The Comparw will have the right to discharge or otherwise discipline employe~s who take part In or otherwise instigate. any Illegal striker picketing or slowdowr. (as defined In the Ontario labour Relations Act) which interferes with the regular schedule of worl<.

11.03 lhe Union wllf not condone a work stoppage or obseNe any picket line placed on a job site for jurisdictional purposes.

11.04 When a work claim dispute arises betiNee11 the Union, which is a party to this agreement and any other Union, person, or organization, which cannot be settled to the satisfaction of all parties concerned, the parties agree that the Ontario Labour Relations Board is the proper tribunal to which to refer such disputes for settlement.

ARTIClE XII ~ COH::EE & LUNCH BREAK 1.2.01 Employees are entitled to one coffee break of ten (10) minutes at a reasonable time during each half­day, havfng regard to the starting time and lunchtime of the employees.

12,02 Employees will be entitled to a lunch break of not less that one-half (X) hour,· to be taken at a reasonable time during his work shift, but no later that six (6} hours of commencement of said shift. Where overtime work has been-prescheduled, provisions will be made for a coffee or lunch break,

12.03 The Employer will provide, where site conditions reaso11ably permit, a proper and adequate place of shelter sufficiently heated and securely locked tn which the employees may eat their lunch and store their clothing. It is clearly understood that either party will not abuse the shelter area by Improper use such as the storage of materials} equipment and tools.

ARTIClE X!ll ~SAFETY & SANITATION 13~01 The Employer; the-employees anCl the Union agree to abide by the pr~vislons o'rthe Occupatlo~~i Health and Safety Act, including the provisions to supply fresh drinking water, and to provide sanitary facilities within close proximity to the work area, with flush toilets where practicable.

13.02 Both the Union and the Company recognize the responsibility and necessity of promoting safety on each job .site. lhe Union w:H endeavor to Instill in its membership a safety conscious work attitude and the Company wlll endeavor to make all supervisory personnel aware of all safety regulations and endeavor that the same are car'rled out to the full intent ofthls Article.

13.03 The Unlorr agrees to hold -al"l annual meeting W[th a representative from the KW Contracting Group to promote skills, health and safety training offered at LlUNA, Local 1081's new Cambridge training facility.

13.04 No entertainment or personal communication devices such as cell phones, Blackberries, lPods and/or similar devices shall be used during working hours, nor shall they be turned on, except durJng lunch break, regular work breaks, job site emergencies, or where prior approval Is obtaihed from the employee1s supervisor.

CoHecUve Agraemen!- Slee(! slld Evaol& Limile<l aod LIUN/1 LOOlli1D61

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13.05 Every employee will, as a condition of employment, be required to own and wear approved safety helmet, protective footwear, and other personal protective equipr11ent required In the normal course of his duties. The Company will provide employees with such additional protective and wet weather clothing as is reasonable and necessary. The Union recognizes the right of the Company to supervise the distribution of the clothing provided.

13.06 The trucks to be usec.l to transport employees will be enclosed and tools will be secured in toolboxes. No materials will be carried in the trucks In a manraer endangering the safety of the employees being transported.

ARTICU:" XIV- DURATION OF AGREEMENT 14.01 This 1:1greement shall continue in effect until the 31~1 day of DECEMBER 2016 and will continue In force from ye3r to year thereafter unless either party will furnish the other with the notice of termination an':t/or proposed revision of the agreement, not more than NINElY (90) days and not less than IHIRTY (30) days before the 31st day of DECEMBER 20161 or in a like period in any year thereafter.

14.02 The parties agree that Schedule "A", attached hereto, Is Incorporated into and forms part of this

·-j~t;>.llective Agreemen~. ·-· --· . . . ·-----·

FOn THE COMPANY FOR THE UNION

Co:lecUve AQreemenl- S1eeo sna EVana Uml!ed 8/'ld LIUNAi.acal 1081

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SCHEDULE 11 A 11

GROUP fA Tt f/71 Gl trol/e 1FI. ~ ra 7C on '/) o'Jperson

Effect. Daoo Hourly Vac. Pension

Health & Training Iota! Pl<g. Work OPDC

kate Pay Welfare Dues 25 APRil 2013 20.50 2.05 4.70 7...10 0.05 30.00 3% 0.37

01 JAN 2014 21.09 2.11 4.90 2.80 0.10 31.00 3% 0.40

01 JAN 2015 21.68 2.17 5.10 2.90 0.15 32.00 3% 0.40

01 JAN 2016 22.27 2.23 5.30 3.00 0.20 33.00 3% 0.40

GROUP 18 - Labourers Including oump man (6'1 d!scharqe & under) for dewaterli1r/ systems

Effect. Date Hourly Vac. Pension Health & Training Total Pkg. Work OPDC Rate Pay_ Welfare Dues

25 APRIL 2.013 25.41 2.54 4.70 2.70 0.05 35.40 3% 0.37

-Ql-JAN-20-14-- -2.6,00· 2.60. 4.90-" --68Q--... --.. ·O.iO ...... J6.40 -3V/o- - .. 0.40

01 JAN 2015 26.59 2.66 5.10 2..90 0.15 37.40 3% 0.40 ---

01 JAN 2016 27.18 2.72 5.30 3.00 0.20 38.40 3% 0.40

GROUP n· -Skilled LaboiJrel/ Formsetters/ concrete finishers on curb~ gutter~ sidewalks, culverts, concrete pavlng1 manhole/ vaf.:e chambe!( construction asphalt rake~ pipe/aye!/ grademan, asphalt scresdman/

I b/. & tte . . screwman stee ca 'e pos ns1onmg

Effect. Date Hourly Vac.

Pension Health &

Training Total Pkg. Work OPDC Rate Pay Welfare Dues

25 APRXL 2013 26.39 2..64 4.70 2..70 0,05 36.48 3% 0.37

01 JAN 2014 26.98 2]0 4.90 2.80 0.10 37.48 3% 0.40 ·-

01 JAN 2015 27.57 2.76 5.10 2.90 0.15 38.tJ3 3% OAO ·-

01 JAN 2016 28.16 2.82 5.30 3.00 o.zo 39.48 3% 0.40

r;ROUP III L b . .:1 - a ourers on s rue: ures1 cur; mac ne man r1. ers. pow, erman

Effect. Date Hourly Vac. Penslcn Health & Training Total Pkg. Work OPDC Rate Pay Welfare Dues

25 APRIL 2013 27.62 2.76 4.70 2.70 o.os 37.83 . ---3%- 0.37

01 JAN 2.014 28.44 2.84 4.90 2.80 0.10 39.08 3% 0.40

01 JAN 2.015 29.2.5 2.93 5.10 2.90 0,15 40.33 3% 0.40 ·-

01 )AN 2.016 30.07 3.01 5.30 3,00 0.20 41.58 3% 0.40 --

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GROUPIV Fo tte b t. t. Jf, b 1til - rmse rsr re ar r1s a e:r:s. concre e mts. ers on r. ere If. :1r1g wa s

Effect, Date Hourly Vac. Pen sf on Health & Training Total Pkg. Work OPDC

Rate Pay Welfare Dues

2.5 APRIL 2013 28.85 2.88 4.70 2.70 0.05 39.18 3% 0.37

01 JAN 2.014 29.66 2.97 4.90 2.80 0.10 40.43 3% 0.40

01 JAN 2015 30.48 3.05 5.10 2.90 0.15 41.68 3% 0.40

t 01 JAN 2016 31.30 3.13 5.30 3.00 0.20 42.93 3% 0.40

GROUP V- Form builders on dructures I ---

Effect. Date Hourly Vac.

Pension 1-lealth & Training lotal Pkg. Work OPDC

Rate Pay_ Welfare Dues 25 APRIL 2013 29.88 2.99 4.70 2.70· 0.05 40.32 3% 0.37

01 JAN 2014 30.70 3.07 4.90 2.80 0.10 41.57 3% 0.40

01 JAN 2.015 31.52 3.1.5 5.10 2.90 0.15 42.82. 3% 0.40 .. .. -·- -- -01 JAN 2016 32.34 3.23 5.30 3.00 0.20 44.G7 3% 0.40

Note A: Employees dasignatad by lhe Company as a Lead Hand shall be paid a premium of FIFTY~FIVE ($0.55) cents per hour above the baslc hourly rate. of the highest labour classification In the crew.

Note B: Employees designated by the Company as a Working Foreman shall be paid a premium of ONE~ DOLLAR and TEN ($1.1 C) cents per hour abnve the basic hourly rate of the h!ghest paid ~classif\catlon fn

the crew. (Gtlac>Lv' /t~-

Note C; it is unde~stood and agreed that the lmprement~!ion of the above wage schedule shall not result In the reduction of the hourly rate of any present employee of the Company.

Note 0: It Is understood and agreed that employees In Group lA will not be employed in other groupin9s in this schedule at Group lA rates.

Note E: Labourers employed on STRUCTURE RtPAIRS WORK will be paid the wage rate of their Bl"propriate c!asslflcatlon and not the wage rate under the cla~sification of Group Ill for the term of this Agreement.

Colhxtivo /lgreeme~t- S(eed end EvM~ Umllod 8nd LIIJNA Loco I 1081

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Page 12: COLLECTIVE AGREE~IENT and Civil Engineeri… · COLLECTIVE AGREE~IENT BETWEEN: 'fACC CONSTRUCTION LTD. (hereinafter called the 'Etn.ployer') -AND-LABOUF.ERS' INTE.RNA1iiONAL UNION

DEC/21/201£/WED 03: 15 PM LIUNA FAX No. 289-291-1120 P. 013/015

lRAfNfNG PERIOD The Union and the Company agree that at the discretion of the Company there may be a learning period for all skilled labourers, not to exceed SIXTY (60) days of work, when an employee is placed in a new classification by the Company, during which time such trainees may be paid not less than the G~OUP m rate specified in the agreement

However, in no case will an employee being promoted to a higher dasslficatlon be paid at a rate less than the rate he is being promoted from during the training period,

HOURS OF WORK&. OVERTIME

The following sections and paragraphs are intended to define the normal hour's of work, for the purpose of calcolating overtime only, <~nd will not be construed as a guarantee of f-lours of work per day or per week, or of

days or work per week.

(A) The regular working hours fo( etnploy~es covered by this agreement will be TEN (10) hours per day and FIFTY

(50} hours per week, to be worked between the hoors of 07:00am and 06:00pm, MONDAY to FRIDAY. Hours of

work to exclude lunch periods and travel time to and from the job site.

(B) A shift premium of ONE DOLLAR {$1.00) per hour will be paid for hours worked o.~ ... ~-~V shift, whkh Is scheduled by the Employer to commence aftt!r 06:00pm.

(C) The time worked in excess of the regular worklng hours per dayJ per week, work performed on SATURDAYS and the following Statutory Hofidays, wilt be paid at the rate of TIME <Jnd ONE HALF (1"l4} the employees' regular

hourly rate. NewYears Day

Civic Holiday Family Day Labour Day

Good Friday Thanksgiving Day

Victoria Day Christmas Day

Canada Day Boxing Day

Time lost due to inclement weather will be made up on SATURDAY at straight tlme rates. Premium pay Will not be pyramided, but will be applied only once to any hour(s). The Employer will not discriminate against any employee because of failure to work on Saturdays.

(b) Overtime at the rate of DOUBLE the empioyee1s regular hourly rate will be paid to all employees for all

worked performed on SUNDAY.

{E) It Is agreed that where employees are engaged on emergency work, snow removal, and sanding, overtime rates wilf not apply. It is expressly agreed that off site snow removal and sanding operations are excluded from the terms of this agreement.

(F) If any of the statutory holidays fall on a SATURDAY or SUNDAY1 such holidays will be observed on the day or day's Immediately following or proceeding the weekend.

VACATION PAY & STATUTORY HOLIDAY PAY Vacation and Statutory holiday credits will be paid to employees covered by this collective agreement at the rate of TEN PERCENT (10%) of the gross wages earned. It ls understood and agreed that FOUR PERCENT (4%) of the gross wages earned is to be considered payment !n lleu of statutory holiday. It Is further understood and agreed that Vacation Pay and Statutory Holiday Pay wm be paid to the employees on each weekly/bi-weekly

pay.

CQ!h::<:tivc Agreomol'>l- Slted znd Ev~ns Limilod end LIUNA Loa.>l 1081

12

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DEC/21/2016/WED 03:15 PM LIUNA FAX No. 289-291-1120 P. 014/015

TRAVEL AllOWANCE For the purpose of detennining the amounts of travel allowance payable to an employee required to use his own transportation to travel to and from work, the agreement area will be compromised of four zones. The centre of Zone l will be established as the company's home base.

ZOI\IE 1:

ZONE 2:

ZONE 3:

ZONE 4:

This zone will be comprised of an area included In a radius of forty {40) kilometers. No travel allowance will be payabfe In Zone 1.

This zone wHI be comprised of the area outside Zone 1 and lndlldE>d within the radius of seventy (70) kilometers. A travel allowance of TWENIY-THREE dollars ($23.00} per day will be paid to employees required to use their own transportation to travel to and from jobs located in Zone 2.

This wne will be comprised of the area outside of Zone 2 and fncluded wlthln a radius of one hundred {100) kilometers. A travel allowance of THIRTY dollars ($30.00) per day will be paid to employees required to use their own transportation to travel to and from jobs located lh Zone 3.

!his zone will be comprised of the area outside of Zone 3, A travel allowance ofiHIIWTY-EIGHT dollars ($38.00) per day will be paid to employees required to use tneit own transportation to travel to and from jobs located in Zone 4.

--------·. ·····-~·

A project intersected by the forty (40) kilometer radius will be included in Zone 1, a project intersected by the seventy (70) kilometer radius will be Included in Zone 2, and a project 1nto~.:rsected by the one (100} kilometer radius will be lndud€!d ln Zone 3,

Employees required to be away from their regular place of residence will be provided with suitable room and board and the Employer agrees there will be no more than two (2) !:!mployees per room.

The above allow~nces will not apply where the company provides transportation or room ahd board.

REPORTING ALLOWANCE

An employee who reports to work at the regular starting tlrna, on less directed not to report, and for whom no work Is available, including inclement weather, will receiv2 two (2) hours pay, provided he remains at the job if requested to do so by hls supervtsor.

An employee who starts his regular shift at the job site, and who has worked more than two (2) hours will rereive four (4) hours pay if the job Is shut dowh by the Employer before he has had time and opportunity to work for four (4) hours provfded he remains at the job if requested to do so by his supervisor.

PAVMEI\fT' OF WAGES Wages will be. paid weekly or biweekly on a following Thursday or Friday after closing the time books by cash, cheque or Electronic Fuhd Transfer (EFT), at the option of the Employer. In the event that wages are paid by cheque on a following Frid<1yJ then the employee wilt if he requests, be given time off to cash his pay cheque. Accomp<mying each payment of wages will be a statement showing his hourly rate, hours worked, overtime, total earnings, and deductions. In the event of a layoff, employees will receive their cheque and separation slip on day of layoff If possible, but no later than sevem:y-two (72} hours from day of layoff, excluding SATURDAYS and SUNDAYS.

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.DEC/21/2016/WED 03:15PM LIUNA FAX No. 289-291-1120 P. 015/015

PENSION~WELFARE~TRAINJNG

The Company agrees to pay the following rates for each hour worked by employees represented ln. the Collective Agreement by Local 1081, Labourers' International Union of North America, into the labourer.s' Pension Fund of Central and Eastern Canada.

Apri12S1 2013 $4.70 January 1, 2014 $4.90 January 1, 2015 $5.10 January 1, 2016 $5.30

The Company funher agrees to pay the following rates for each hour worked into the Labourers1 Multi local Welfare Trust Fund of Ontario for each employee covered by the collective agreement.

April 2.5, 2.013 $2.70 January l, 2014 $2.80 January 1, 2015 $2.90 J<mUary 1, 2016 $3.00

The Company agn~es to contribute training contributions as defined in '1Schedule A", payable to LlUNA, Local 1081 !raining !rust Fund, and submitted with the contributions report, on a separate cheque and forwarded to local 1081, no later than the fifteenth (15th) day of each month following the month for which the deductions were ·made.-Effectlve on April 2.5, 20i3·; .. FlVE. cents {$0.05} per hour worked into tfie .. trafning fund for ea-c-.-h-­employee covered in the collective agreement, and effective January 1, 2014, lEN cents ($0.10) per hour worked, and effective January 1, 2.015, FIFTEE.N cents ($0.15) per hour worked and effective Janoary 1, 2.016,

TWENTY cents ($0.20) per hour.

Contributions into the Pt:nsion F~nd and Welfare Fond shall be made prior to the fifteenth (15th) day of the month following the month In whiCh such hours were worked and sh<~fl be accompanied by a remittance report for each employee on the form prescribed by the Board of Trustees of the !=und.

Any provinclal or fP.deral taxes required to be paid by the Employ~r on contributions lmder this agreement, are not included in the speclfled amour.ts set out herein. The Employer shall pay provincial retail sales tax on contributions to the members' Benefit Fund and remit such taxes to the said Fund, together with the contributions on which such tax is paid.

WORKING OUES The Employer agrees to deduct from the base rate of each employee covered by the agreement, Local Unioh working dues equivalent to three percent (3%) per hour for each hour worked by him and remit this amount

·togetherwi(h a fist ofthe names, social insurance number of said employees, and the numbf'!r of hours worked by them, and base rate earned, to Ll.U.N.A. Local 1081, ho later than the fifteenth (15lh} d3y of the month following the month in which they are due.

The Employer also agrees to deduct from the base rate of each employee covered by the agreement, Ontario Provincic;l District Council (OPDC} working dues tn the amount of THRJTY~SEVEN cents ($0.37L effective April 251

2013 and FORIY cents ($0.40) effective January 1, 2014, and remit to The Labour'ers' Pension Fund of Central

and Eastem Canada no later than the fifteenth (15(11) day of the month following the month in which they are

due.

:t Is agreed that the Company may use the w~lfare contribution forms with respect to the remittance of the working dues and information therein required. It is further agreed that the Union shall save the Company

harmless for all d~ductions foi· union dues that the Employer makes and remits to the Union.

!4

Page 15: COLLECTIVE AGREE~IENT and Civil Engineeri… · COLLECTIVE AGREE~IENT BETWEEN: 'fACC CONSTRUCTION LTD. (hereinafter called the 'Etn.ployer') -AND-LABOUF.ERS' INTE.RNA1iiONAL UNION

DEC/22/2016/T-HU 12:09 PM LIU~lA FAX No. 289-291-1120 P. 001/001

LABOURERS' INTERNATIONAL UNION ofNORTH AMERICA, LOCAL 1081 330 Jndustrl:ll Rd., Cambridge, ON N31-l4R7 <>Tel: 519 6Sj-3333-<> !"ax: 519 653-9006 0 email: [email protected]

LETTER OF UNDERSTANDING

Attached to and forming part of a Collective Agreement between- Steed and Evans limited and the Labourers International Union ofNorth America, Local1081 .

. . _ . .Jt ts.._;3greed that any__empla_yee whose normal.duties include driving a comp,a.o_y_.vehicle sllall notify the company upon suspension of their driver's license. If any employee is found to be operating a company vehicle without a valid driver's license, It shall be grounds for dismissal.

FOR THE COMPANY . FOR THE UNION

DEC Z 2 2016 Minist;y oi: Labour

DRS _ MED!Al.:_~ON_ SERVICES

CollecUve Agrt6menl- Silled Qnd Evan. lJmiied aM LIUNA LoGlll1081

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