COLLECTIVE AGREEMENT BETWEEN: JERRY'S ASPHALT PAVING INC. K & H ASPHALT SEALING AND STRIPING LARRY'S ASPHALT PAVING CO. L TO. WEST LONDON PAVING LTD. 638541 ONTARIO LIMITED o/a WILSON'S ASPHALT PAVING PYRAMID PAVING (2006) LIMITED (hereinafter called the "Employer") -AND- LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1059 (hereinafter called the "Union") GENERAL PURPOSE The general purpose of the Agreement is to establish mutually satisfactory relations between the Employer and its employees, to provide a means for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to its provisions. ARTICLE 1 • RECOGNITION 1.01 The Employer recognizes the Union as the sole collective bargaining agency for all its construction labourers engaged on all construction projects within the Counties of Middlesex, Bruce, Elgin, Oxford, Perth and Huron, save and except non-working foremen and persons above the rank of non-working foremen, office and clerical staff and engineering staff. ARTICLE 2 ·MANAGEMENT RIGHTS 2.01 The Union agrees that it is the exclusive function of the Employer: (a) to conduct its business in all respects in accordance with its commitments and responsibilities, including the right to manage the jobs, locate, extend, curtail or cease operations, to determine the number of men required at any· 1
Transcript
COLLECTIVE AGREEMENT
BETWEEN: JERRY'S ASPHALT PAVING INC. K & H ASPHALT SEALING AND STRIPING LARRY'S ASPHALT PAVING CO. L TO. WEST LONDON PAVING LTD. 638541 ONTARIO LIMITED o/a WILSON'S ASPHALT PAVING PYRAMID PAVING (2006) LIMITED
(hereinafter called the "Employer")
-AND-
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1059
(hereinafter called the "Union")
GENERAL PURPOSE
The general purpose of the Agreement is to establish mutually satisfactory relations between the Employer and its employees, to provide a means for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to its provisions.
ARTICLE 1 • RECOGNITION
1.01 The Employer recognizes the Union as the sole collective bargaining agency for all its construction labourers engaged on all construction projects within the Counties of Middlesex, Bruce, Elgin, Oxford, Perth and Huron, save and except non-working foremen and persons above the rank of non-working foremen, office and clerical staff and engineering staff.
ARTICLE 2 ·MANAGEMENT RIGHTS
2.01 The Union agrees that it is the exclusive function of the Employer:
(a) to conduct its business in all respects in accordance with its commitments and responsibilities, including the right to manage the jobs, locate, extend, curtail or cease operations, to determine the number of men required at any·
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or all operations, to determine the kinds and locations of machines, tools and equipment to be used and the schedules of production, to judge the qualifications of the employees and to maintain order, discipline and efficiency.
(b) to hire, discharge, classify, transfer, promote, demote, layoff, suspend otherwise discipline employees, provided that a claim by an employee that he has been discharged without reasonable cause shall be subject to the provisions of the grievance procedure.
(c) to make, alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the employees.
It is agreed that these functions shall not be exercised in a manner inconsistent with the express provisions of this Agreement.
ARTICLE 3 • UNION SECURITY
3.01 All employees covered by this Agreement, as a condition of employment, shall become and remain members in good standing of the Union during the lifetime of this Agreement and shall authorize the Employer in writing to deduct regular monthly Union dues from the first pay due each calendar month.
3.02 It is expressly understood and agreed that the Employer shall not be required to discharge any employee for violation of the provisions of this Article for Union security for any reason other than the refusal of the employee to join the Union or the non-payment of regular monthly Union dues, notwithstanding anything to the contrary herein contained.
3.03 During the lifetime of this Agreement, the Employer will deduct regular monthly Union dues as notified by the Union in writing, from the first pay due each calendar month. Union dues so deducted shall be remitted prior the end of the month in which the deduction is made to the Financial Secretary of the Local Union.
3.04 Where an employee authorizes the Employer in writing to deduct Union initiation fees from his pay, the Employer will honour such authorization and comply with the procedure of Section 3.03 hereof.
3.05 The Employer agrees to call the Local Union for its supply of men. All employees shall present to the employer a referral slip from the Union prior to commencing employment.
When the Local Union is unable to provide the required men within 24 hours, the Employer is free to hire such labour as is available and pay up to two dollars ($2.00) per hour less than the hourly wage rate as contained in Schedule "A"- Wage Rates, for thirty (30) working days. The lower rate will not reflect itself in any other wage
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disposition contained in Schedule "A" except as shown under title gross wages and total package. Such labour shall acquire a referral slip prior to commencing work, and as a condition of employment, shall become a member in good standing in the Union within sixty (60) working days. Employer contributions after 60 working days.
3.06 In recognition of the Employer's need for competent and capable employees, the Union agrees that the Employer has the right to call the Union office and request any unemployed Union member. Therefore, the Union recognizes the Employer's right to recall their regular employees after a seasonal lay-off. The Union also agrees that it shall issue referral slips.
3.07 The Union agrees that the discharge of a probationary employee referred to in Article 3.05 will not be grieved unless the employee was discharged for exercising his rights under this Agreement, the Labour Relations Act, the Employment Standards Act 1974, or the Occupational Health and Safety Act 1978.
ARTICLE 4 -UNION REPRESENTATION
4.01 The Union may appoint and the Employer will recognize a Union steward or stewards from current employees (not more than one per gang).
4.02 The Union shall notify the Employer in writing from time to time of the name of the steward, the date of his appointment, and the name of the former steward whom he may be replacing. A Union steward, all things being equal, shall be one of the last two employees retained in employment at the time of layoff, provided he can perform the remaining work. This provision shall not apply to temporary layoffs of one week's duration or less. A Union steward (if designated) shall be one of the first three employees rehired after layoff. Union stewards shall not be excluded from overtime on their applicable crew.
4.03 The Business Agent for the Union shall have access to all jobs during working hours but in no case shall his visits interfere with the progress of the work. When visiting a job he will first advise the superintendent of the Employer. No discrimination shall be shown against any Shop Steward for carrying on his duties, but in no case shall his duties interfere with the progress of the work or his duties to the Employer. The Shop Steward, on each job will be responsible for reporting any disputes to the Employer and the Union Representatives so that these can be taken up in the proper manner without delay. The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men for the job.
ARTICLE 5 - GRIEVANCE AND ARBITRATION PROCEDURE
5.01 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the Employer's satisfaction, it may be treated as a
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grievance and referred as a grievance and referred to arbitration in the same way as a grievance of an employee. Such grievance shall be processed at Step No.2 of the grievance procedure as set out in Article 5 hereof.
5.02 A Union policy grievance which is defined as an alleged violation of this Agreement concerning all or a substantial number of employees in the bargaining unit, in regard to which an individual employee could not grieve, or in regard to which a substantial number of employees have signified an intention to grieve, may be brought forward in writing at Step No.2 of the grievance procedure at any time within fifteen (15) full working days after the circumstances giving rise to such grievance occurred, and if it is not settled at that stage, it may be processed to arbitration in the same manner as the grievance of any employee.
5.03 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible.
5.04 It is understood and agreed that an employee does not have a grievance until he or his Union Representative has discussed the matter with the foreman and given him an opportunity of dealing with the complaint.
5.05 Grievances properly arising under this Agreement shall be adjusted and settled as follows:
Step No. 1 Within ten (10) days after the circumstances giving rise to the grievance occurred or originated, the grievance shall be presented to the Employer in writing and the parties shall meet within five (5) working days in an endeavour to settle the grievance.
Step No.2 If a satisfactory settlement is not reached within five (5) working days from the meeting above, then the grievance may be submitted to arbitration as provided in this Agreement at any time within ten (1 0) days thereafter.
5.06 When either party requests that a grievance be submitted to arbitration, the party making the request shall do so in writing to the other party and at the same time appoint an Arbitrator within five (5) days. Thereafter, the other party shall appoint an Arbitrator. The two (2) Arbitrators so appointed shall meet at the earliest convenienc.e and attempt to select by agreement, a third person who shall act as a Chairman of the Arbitration Board. If they are unable to agree on a Chairman within five (5) days, they will then request the Minister of Labour of the Province of Ontario to appoint an impartial Chairman.
5.07 (a) The Arbitration Board shall hear the subject of the grievance including whether or not the matter is arbitratable shall issue a decision which is binding upon the parties and upon any employees affected by it.
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(b) The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs.
(c) Each of the parties shall pay one-half (%) of the remuneration and expenses of the Chairman of the Board.
(d) The Board shall not have the power to alter or amend any of the provisions of this Agreement.
5.08 In determining the time which is allowed in the various steps, Saturdays, Sundays and statutory holidays shall be excluded and any time limits may be extended by mutual agreement in writing.
ARTICLE 6 - NO STRIKES, NO LOCKOUTS
6.01 During the lifetime of this Agreement, the Union agrees that there will be no strike, slowdown or picketing, and the Employer agrees that there will be no lockout. The Employer shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, picketing or slowdown.
ARTICLE 7 • SUBCONTRACTING
7.01 The Employer agrees to contract the following work only to employers in contractual relations with the Union:
The preparation of final grade granular "A" aggregate to accept laying of asphalt and laying of asphalt for any purpose.
ARTICLE 8 -JURISDICTION
8.01 It is understood and agreed that the following classifications of work come within the Labourers' category:
Unskilled and skilled labourers
Grade Person
Remote controlled equipment
Operators on all types of rubber-tired farm tractors (without attachments)
Water Boy. Watchman. (It is understood that a Watchman may work up to 12 hours per day at straight time rates.)
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Powdermen and Helpers, Concrete Workers, Puddlers, Floatmen and Grouters
Operators of jackhammers and all types of boring equipment
Mortarmen, Labourers for all types of pile driving
Flagmen/Traffic Control Person
Wreckers, Barmen and Form Strippers
Operators of Shottcrete and Calfdozers and all similar equipment
Small Mixer Operators (1 yd. and under)
Concrete Workers and Improvers
Form Builders (steel and wood) for manholes, catch basins, sewer appurtenances and all structures for municipalities, factories, etc. (except within building lines as specified in Article 11 .
Form Builders (on curbs and gutters, sidewalks, etc.)
Pipelayers on all types of watermain and sewer pipe, electrical conduits and all underground installations, except inside I. C. I. building lines after such building construction has commenced.
Pipelayers and Caulkers on tile and concrete pipe, except inside building lines Sheeting and Shoring Men Pitbottom Men, Signal Men, Track Layers
Operators of all machine driven tools by Gas, Electricity and Air
Labourers on pumps under 6" discharge
Labourers on concrete heaters
Miners and Drillers on caissons
Timbermen
Pile Driving -(All types) and all operations related thereto (Labourers)
Loft Men
Torch Cutters
Welders and Burners
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Signal Men
AZ Truck Driver/Labourer
DZ Truck Driver/Labourer
Boom Truck Driver
Working foremen and Labourers required for cleaning, washing and painting of Employer equipment and barricades, etc. used in Employer's shop
And in addition to the above, all work performed by Labourers in connection with Department of Public Works, Municipal Corporations and private individual contracts.
The Employer agrees to give Union members the first opportunity to perform work in the shop, snow removal, snow plowing and sanding if they're capable of performing such work fmm December 1 to May 1 of each year. Articles 3.03, 14 and 22 shall not be applicable for that period.
ARTICLE 9 -JURISDICTIONAL DISPUTE
9.01 When a work claim dispute arises between the Union which is a party to this Agreement and any other Union or organization which cannot be settled to the satisfaction of all parties concerned, work shall proceed without stoppage. Such a dispute shall forthwith be processed as a complaint to the Ontario Labour Relations Board under the Ontario Labour Relations Act and in the meantime work will be assigned by the Employer until it is otherwise directed by the Board.
ARTICLE 10- SEWER AND WATERMAIN CONSTRUCTION
10.01 Should the Employer do work covered by the Collective Agreement between the Sewer and Watermain, Curb, Gutter and Sidewalk Contractors Section of the London and District Construction Association and the Union, the Employer agrees it will abide by the terms and provisions of the above mentioned Agreement and a copy of which is attached hereto.
ARTICLE 11 -I.C.I. CONSTRUCTION
11 .01 It is agreed that this Agreement shall apply to work performed on any I.C.I. construction site, except that the Employer shall abide by the Agreement between Employee Bargaining and Employer Bargaining Agencies (E.B.A.) on all work within a building or excavation for a building. It is further agreed that should the Employer undertake to do work that is commonly known as I.C.I. construction, the rates of wages, hours of work and working conditions shall be as established by a collective agreement between Employer Bargaining and Employee Bargaining Agencies
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(E.B.A.) and attached hereto.
ARTICLE 12- CLASSIFICATIONS AND WAGE RATES
12.01 Wage rates shall be in accordance with Schedule "A" attached hereto and forming part of this Agreement.
ARTICLE 13 - WORKING FOREMEN AND FLAGMEN
13.01 Where a working foreman is employed, he shall be paid not less than one dollar ($1.00) per hour above the basic labourer classification. All flagmen are to be paid one dollar ($1.00) per hour less than the basic labourer classification.
ARTICLE 14 - HOURS OF WORK AND OVERTIME
14.01 The regular hours of work for employees other than watchmen engaged on work covered by this Agreement shall consist of not more than fifty-five (55) hours per week, excluding lunch periods and travelling time to and from the job. Work performed in excess of fifty-five (55) hours per week excluding lunch periods and travelling time to and from the job, shall be paid for at the rate of time and one-half the employee's regular hourly rate. Work performed on Saturdays shall be paid for at the rate of time and one-half. Any employee required to work past 7:00p.m. on any day shall receive a meal allowance of sixteen dollars ($16.00) for such day. The meal allowance shall be paid as a non-taxable expense allowance and the Employer shall not be responsible or liable for source deduction. It is agreed that where employees are engaged on snow removal and sanding, overtime rates shall not apply.
14.02 There will be no discrimination against an employee who refuses to work beyond twelve (12) hours a day.
ARTICLE 15- SHlFT PREMIUMS
15.01 First Shift: Will commence between 6:00a.m. and 11 :59 a.m. Monday to Friday. Overtime and wages shall be paid in accordance with Article 14.01.
Second Shift: Will commence between 12:00 noon and 5:59 p.m. Monday to Friday. Regular rates of pay plus fifty cents ($0.50) per hour shall be paid. Overtime shall be paid at the rate of time and one half the appropriate wage rate for all hours worked over eleven (11 ) hours from the commencement of the shift.
Third Shift: Will commence between 6:00p.m. and 12:00 midnight Monday to Friday. Regular rates of pay plus seventy-five cents ($0. 75) per hour shall be paid. Overtime shall
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be paid at the rate of time and one half the appropriate wage rate for all hours worked over eleven (11) hours from the commencement of the shift.
All hours worked before 12:01 a.m. Monday morning and after 11 .59 p.m. Friday night shall be paid in accordance with Article 14.01 and 24.01.
ARTICLE 16- PAY DAY AND TERMINATION
16.01 All wages shall be paid in cash or cheque at the option of the Employer during working hours. Such wages shall be paid weekly. It is understood that pay day will be on Thursday of each week. However, if pay day is on a Friday, such pay will be in cash, or the employee will be give one ( 1) hour off with pay in order to cash such pay.
16.02 When an employee is permanently laid off he shall be paid in full immediately, that is, until noon, if laid off in the morning, or at the end of the regular working day, if laid off in the afternoon and he shall receive one hour's notice or pay in lieu thereof. Within five (5) working days of the termination of his employment, the Employer agrees that it will send by registered mail to the employee his Separation Certificate and Vacation Pay credits to date.
16.03 If the employee voluntarily terminates his employment, the employee shall have his Separation Certificate mailed to him by registered mail within forty-eight (48) hour period of time as above. His pay and vacation pay credits to date shall be sent to him by registered mail on the next regular pay day following his voluntary termination, but no later than seven (7) calendar days.
16.04 An employee who reports for work at the job or assembly point, unless directed not to report, and for whom no work is available, due to inclement weather, shall receive a minimum of two (2) hour's reporting time, providing the employee remains on the job for two (2) hours after his designated starting time. Provided further, if work is
not available for reasons other than inclement weather, and the employee has not been notified not to report for work, he shall be allowed two (2) hour's reporting time, if he remains on the job for two (2) hours after his designated starting time. The Employer agrees that it will endeavour to contact the employee on the previous day.
16.05 The Employer may pay wages as a direct bank deposit, no later than Thursday each week. A detailed breakdown indicating hours, hourly rate, allowances and all deductions, shall be provided for each deposit, no later than Friday of that same pay week.
ARTICLE 17- COFFEE AND LUNCH BREAKS
17.01 It is agreed that employees covered by this Agreement shall be allowed one coffee break of no less or more than fifteen ( 15) minutes on each half of their working shift.
17.02 It is further agreed that employees covered by this Agreement will be allowed a
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half hour lunch break between 11:00 a.m. and 1:30 p.m. Should any employee be required to work through his lunch break, he will be paid at the applicable overtime rate (time and one half the regular rate) for the lunch period and will be allowed one half hour later to eat his lunch. It is also agreed that no employees shall be required to work more than five (5) hours without a lunch break.
ARTICLE 18- TRAVEL AND LODGING EXPENSES
18.01 There shall be a free travel zone for all work performed within a thirty (30) km radius from the City Hall in London, as defined as per attached Schedule "B". Employees shall report for work within this zone at no cost to the Employer. It is further agreed that where it is required, the Employer will provide daily transportation or pay the employee who provided his own transportation, travel expenses at the rate of forty-five cents ($0.45) per km from the boundary of the free travel zone to the jobsite and return to such boundary. No employee shall be compelled to provide transportation for other employees. Employees will be paid for all time travelling from the Employer assembly point to the jobsite at his/her regular hourly rate of pay, when the Employer provides transportation. If an employee supplies his own transportation, he shall be paid the appropriate mileage driven between jobs on a daily basis.
18.02 Where an employee, who is normally employed by the Employer in the London area, is required to work out of London and is unable to return home each night, he shall be provided suitable lodging by the Employer or be paid at the rate of eightyfive dollars ($85.00) per day worked in lieu of suitable lodging.
18.03 Employees will be paid for any time they are kept waiting for material or breakdown of equipment when they are on a jobsite one hundred (1 00) km or more from the City of London.
18.04 Employees who are required to drive vehicles that are used for the transportation of Employer employees or Employer equipment from the Employer assembly point to the jobsite and return shall be paid for all time travelling both ways at the appropriate wage rate.
18.05 In all cases the Employer will supply transportation deemed suitable for passengers and will abide by the Ministry of Transportation Legislation for all such vehicles.
ARTICLE 19 ·GENERAL
19.01 The Employer shall provide employees with such protective and wet weather clothing as it deems necessary. The Union recognizes the right of the Employer to economically supervise the distribution of clothing provided.
19.02 Every employee shall be required, as a condition of employment, to wear a safety helmet and safety boots of a type approved by the Construction Safety· Association. The helmet shall be paid for by the employee at the time it is supplied, and on termination of employment, the employee will be credited with the amount paid,
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provided the helmet is turned in, in reasonably good condition.
19.03 A bulletin board will be provided by the Employer for the use of the Union to post notices, etc., but all such notices shall have the prior approval of the Employer.
19.04 Proper shelter will be provided at the jobsites employing three (3) or more employees where such employees are engaged in work at such a site for at least five (5) working days.
19.05 In the event of a fire or theft resulting in the loss of tools, the Employer will replace such items at their replacement value to a maximum of five hundred dollars ($500.00) and subject to a one hundred dollar ($100.00) deductible provided that such tools are kept in a place designated by the Employer. Such replacement is based on proof of loss by fire or theft being made to the Employer.
19.06 Any employee called back for work after completing his normal shift and when no prior notice was given to return, shall be paid a minimum of two hours at the applicable rate.
19.07 Employees covered by this Agreement agree to attend and participate in all Health & Safety meetings and conduct their duties associated with such committee in such a manner as to promote and provide a safe and healthy work place. Further, such employees agree to comply with the OH & SA and other current applicable legislation. Employees also agree to serve as worker and Health and Safety committee members in accordance with the Act.
19.08 Regular employees (and new employees) shall be required to obtain the following certificates within one (1) year from date of employment:
Roadbuilding sector only:
- Propane Handling -Traffic Control -First Aid and C.P.R. -Introduction to Occupational Health and Safety Act - WHMIS (as attached in Letter of Understanding)
ARTICLE 20 • SAFETY BOOTS
20.01 The Employer agrees to pay each employee after (3) months employment, up to ninety dollars ($90.00) towards the purchase of one (1) pair of work boots upon presentation of receipt of same. Such payment shall be made only once per year.
ARTICLE 21 ·UNION DUES AND ADMINISTRATION
21.01 The Employer agrees to deduct on behalf of its employees covered by this Agreement, working dues in the amounts listed in Schedule 'A' for each hour worked and remit same to the Secretary-Treasurer of the Local Union not later
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than the fifteenth (15th) day of the month following the month to which they are due. In remitting such payments, the Employer may use the Welfare Contribution Form with respect to the information required.
ARTICLE 22- WELFARE, PENSION AND TRAINING
22.01 The Employer agrees to contribute, effective January 1, 2008 two dollars and thirty cents ($2.30) per hour, effective January 1, 2009 two dollars and forty cents ($2.40) per hour, and effective January 1, 2010 two dollars and fifty cents ($2.50) per hour, for each hour worked by the employees covered by this Agreement to the jointly and equally trusteed LIUNA Local 1059 Benefit Trust Fund or designated alternative.
22.02 The Employer agrees to contribute, effective January 1, 2008 one dollar and forty cents ($1.40), effective January 1, 2009 one dollar and fifty cents ($1.50), and effective January 1, 2010 one dollar and sixty cents ($1.60), for each hour worked by the employees covered by this Agreement to the Labourers' Pension Fund of Central and Eastern Canada. It is understood and agreed that the Pension Fund will be jointly and equally administered by Trustees representing Management and Union.
22.03 The Employer agrees to contribute effective January 1, 2008 twenty-five cents ($0.25), for each hour worked by the employees covered by this Agreement to the Labourers' International Union of North America, Local 1059 Training Trust Fund.
22.04 The Employer agrees to deduct an amount as directed by the Union, per hour worked on a weekly basis, from each employee's weekly gross wages, payable to a Group R.R.S.P., as directed in writing by the Union. Such monies shall be remitted to the Union.
22.05 The Employer agrees to contribute five cents ($0.05) per hour worked by the employees covered by this Collective Agreement, to the Tri-Fund and remit same to the Union.
22.06 Contributions and deductions made to the Welfare Fund, Pension Fund, Group R.R.S.P., Training Fund, Tri-Fund and Union, shall be made prior to the fifteenth (15th) day of the month following the month in which such hours were worked and shall be accompanied by a remittance report for each employee on the form prescribed by the Board of the Employer- Union Trustees of the Fund. The monthly report and contribution shall include all obligations arising from hours worked up to the close of the Employer payroll ending nearest to the last day of the preceding calendar month.
22.07 The Union, with thirty (30) days written notice, may amend the amount of contributions for R.R.S.P., pension, welfare or training, but such adjustments shall not affect the total wage package.
22.08 In the event an Employer fails to remit any contributions, deductions or remittances for the benefit plan, the pension plan, dues, fees, assessments for training fund, by the fifteenth (15th) of the month due, the Employer shall pay to the appropriate fund as liquidated damages and not as a penalty, an amount equal to
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two (2%) percent per month, compounded monthly for any delinquent contributions,
deductions or remittances fifteen days in arrears calculated from the date due provided the Employer has received five (5) days prior, written notice to correct such delinquency and has not done so.
22.09 With reasonable cause, the Trustees may request a Employer to submit to them within a stipulated period a certified audited statement of payroll contributions to these funds for a period not exceed the period from the effective date of this Agreement until the audit takes place. Such statements shall apply to the questions submitted to the Employer by the Trustees.
22.10 If the Employer does not submit the certified audited statement as per the above paragraph, the Trustees may appoint an independent Chartered Accountant to enter upon the Employer's premises during regular business hours to perform an audit of the Employer's contributions or deductions to the required employee benefit plan. Where the Trustees appoint an auditor, the costs shall be borne by the appropriate plan.
22.11 In the event such audit reveals the Employer has failed to remit contributions in accordance with the provisions of this Agreement, the Employer shall, within five (5) days of receipt of written notices from the Trustees, remit all outstanding contributions together with any liquidated damages required under the terms of this provision and completed supporting contribution report forms as required by the plan.
22.12 Where the Union has taken prior proceedings and obtained a decision against a Employer for delinquent contributions, deductions for remittance, the Union may require the said Employer to post a cash bond, certified cheque, or bank letter of credit not to exceed five thousand dollars ($5000.00) to be held in trust by the Trustees for a period to be determined by the Trustees. In the event that the said Employer again becomes delinquent for contributions, deductions or remittances, the Union and/or the Trustees may apply the cash bond., certified cheque or bank letter of credit, or any portion thereof, to satisfy the delinquency and require the Employer to replenish the cash bond, certified cheque or bank letter of credit to its original amount. In the event that the cash bond, certified cheque or bank letter of credit does not satisfy the full amount of the delinquency, the Union may take other proceedings to recover the balance.
22.13 If an Employer does not have any employees in its employ, the Employer shall remit one initial nil report outlining all pertinent information.
ARTICLE 23 ·EMPLOYER CONTRIBUTIONS AND REMITTANCES
23.01 Deemed Assignment of Compensation Under The Employment Standards Amendment Act, 1991
The trustees of the employee benefit plans referred to in this collective agreement shall promptly notify the Union [or Council] of the failure by any Employer to pay any employee benefit contributions required to be made under this collective agreement
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and which are owed under the said plans in order that the Program Administrator of
the Employee Wage Protection Program may deem that there has been an assignment of compensation under the said Program in compliance with the Regulation to the Employment Standards Amendment Act, 1991 in relation to the Employee Wage Protection Program and this Article is for the sole purpose of Ont. Reg. 590/91 under the Employment Standards Act.
ARTICLE 24- VACATION PAY
24.01 Vacation pay shall be fom percent (4%) of earnings and shall be paid weekly. It is understood that only two (2) weeks vacation may be taken, exclusive of Statutory Holidays, unless other arrangements are made between the Employer and the employee. It is further understood that the employee's vacation period shall be mutually ag~reed to by the Employer and the employee.
24.02 Should Provincial legislation change the statutory vacation pay percentage, the increase will be taken from the statutory holiday pay and the total combined percentage will not exceed ten percent (1 0%).
ARTICLE 25 - STATUTORY HOLIDAYS
25.01 Statutory holiday pay shall be six percent (6%} of earnings and shall be paid weekly.
All work performed on:
Sundays New Year's Day Good Friday Victoria Day Canada Day
Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day
Family Day
shall be paid for at the rate of double the employee's regular hourly rate. In the event of any Statutory Holiday falling on a Sunday, then the following Monday shall be considered a holiday.
ARTICLE 26- GOVERNMENT LEGISLATION
26.01 In the event that any of the provisions of this Collective Agreement are found to be in conflict with any valid and applicable Federal or Provincial law now existing, or hereinafter enacted, it is agreed that such law shall supersede the conflicting provision without in any way affecting the remainder of the Collective Agreement.
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ARTICLE 27 - JOBSITE INJURIES
27.01 The Employer agrees to notify the Union of and provide copies of all WSIB forms submitted in regards to jobsite injuries. The employee agrees to notify the Employer supervisor as soon as possible after any injury occurs.
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ARTICLE 28- DURATION
28.01 This Agreement shall become effective from the 1st day of January, 2008 to the 31st day of December, 2010, and shall continue in force from year to year thereafter, unless either party shall furnish the other with notice of termination or proposed revision of this Agreement not more than ninety (90) days and not less than thirty (30) days before the 31st day of December, 2010, or in a like period in any year thereafter. On receipt of such notice the parties of this Agreement shall convene a meeting within fifteen (15) days and bargain in good faith to endeavour to reach an Agreement.
IN WITNESS WHEREOF the parties hereto have caused their proper officers to affix their signatures
DATED at London, Ontario, this ___ 'l_1" __ day of --'-'4=r-/ ...... r _,_-(_· ___ , 2008.
28.01 This Agreement shall become.effe·otive from the 1st day of January, 2008 to the 31st day of Oecemb~r. 2010. and shall continue in force from year to year thereafter, unless eitherparty·shall furnish the other with notice of termination or proposed revision of this Agreement not more than nil)ety (90). days and not less than thirty (30) days before the 31st day of Decem be~. 2010, .or in a like period in any year thereafter. On receipt of such notice the partle~fof this Agreement shall convene a meeting within fifteen (1 5) days and bargain in good faith to endeavour to reach an Agreement.
IN WITNESS WHEREOF the parties hereto have caused their proper officers to affix their signatures
'1 /'- A , DATED at London, Ontario, this ____ day of CfJJr-( , 2008.
JERRY'S AS PI-tAL T PAVING INC.:
K & H ASPHALT SEALING AND STRIPING:
LABOURER$' INTERNATIONAL UNlON OF NORTH .~ERI,CA.,bOCAL 1059:
28 01 Th1s Agreement ~h:::~ll beco!Tie df~cl 1ve trom th0 1st rJay o f January. 200~ . ·:o the 3f;' day of Oecernb er, 2010. and sh<-.'lll continue in fwce from year o year ~hereafter, unless etlher party shalt furn15l 1 th(~ othm with notice o f tennin; 11 on or proposed revision o f thts Agreement not more than ninety (90) days and r c l less than th1rty (30) days before the 3 1st day of Dc:cem ber . 2010. or in a l ik~ po ~r10d 111 any year thereafter. On receipt o f such notice the parties of this Agreeme 11 shall convene a meeting w1th1n fifteer. (15) days and barqain in good faith lo endec vour to r':!ach an Agreem£~n t.
IN WITNESS W HERE OF the parties hereto have caused the ir proper off C·~rs to affix their signatures
L' /I. j . DATED at London, Ontario, this __ .. ___ I _ _ day of '/'·L ... _____ , 2008.
It is understood and agreed that the implementation of the following wage schedule shall not result in a reduction of the hourly rate of any present employee.
ALL CLASSIFICATIONS MINIMUM WAGE RATES
Effective Union
Date Admin
Jan 1/08 0 .37
May 1/08 0.37
Jan 1/09 0.38
Jan 1/10 0.39
RRSP DEDUCTION
OPDC
Admin
0.25
0.35
0.35
0.35
Hourly Vacation
Wage Pay
Rate (10%)
18.56 1.86
18.56 1.86
19.05 1.90
19.53 1.95
Pension Welfare Training Tri-Fund Total
Package
1.40 2.30 0 .25 0.05 24.42
1.40 2.30 0.25 0.05 24.42
1.50 2.40 0.25 0.05 25.15
1.60 2.50 0.25 0.05 25.88
The Employer in accordance with Article 22.04 shall deduct one dollar ($1 .00) per hour for RRSP which shall be remitted to the Union in accordance with Article 22.05. The RRSP amount shall be deducted from the employee's gross weekly wages and shall not be subject to tax. ·
17
BETWEEN:
LETTER OF UNDERSTANDING
LABOURERS' INTERNATIONAL UNION
OF NORTH AMERICA, LOCAL1059
- and -
K & H ASPHALT SEALING AND STRIPPING
JERRY'S ASPHALT PAVING INC.
LARRY'S ASPHALT PAVING CO. LTD.
WEST LONDON PAVING LTD.
638541 ONTARIO LTD. o/a WILSON'S ASPHALT PAVING
PYRAMID PAVING (2006) LTD.
("Union")
("Employer")
The above mentioned parties agree as follows:
1. Article 19, paragraph 19.08 in regards to the training ofWHMIS, certification will be
done for all current members of the Employer in 2008 ror first time certification only.
Any new members will have one (1) year from date of hire to receive WHMIS
certification.
2. Annual re-certification of WHMIS will be the responsibility of the Employer.
3. This Letter of Understanding shall remain in effect until January 1s1, 2011.
4. If this particular Letter of Understanding causes a hardship with either party, the
parties shall meet and may amend or delete such letter.
Dated at London, Ontario this 1_ day of lfA{l.ct( 2008.
For the Union:
L£J!Z? ~ K&H ""'*''" Seoling end Sllip""g
~er:
,~~ _.. Jerry's Asphalt Paving Inc.
//; Larry's Asphalt Paving Co. ltd.
Wesl l.ondon Paving l td.
636541 Ontario ltd. o/a Wilson's
Asphalt Paving
Pyramid Paving (2006) Ltd.
BETWEEN:
LETTER OF UNDERSTANDING
LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1059
and -
K & H ASPHALT SEALING AND STRIPPING JERRY'S ASPHALT PAVING INC.
LARRY'S ASPHALT PAVING CO. LTD. WEST LONDON PAVING L TO.
638541 ONTARIO L TO. o/a WILSON'S ASPHALT PAVING PYRAMID PAVING (2006) LTD.
("Union")
("Employer")
The above mentioned parties agree as follows:
1. Article 19, paragraph 19.08 in regards to the training of WHMIS, certification will be done for all current members of the Employer in 2008 for first time certification only. Any new members will have one (1) year from date of hire to receive WHMIS certification.
2. Annual re-certification of WHMIS will be the responsibility of the Employer.
3. This Letter of Understanding shall remain in effect until January 151, 2011.
4 . If this particular Letter of Understanding causes a hardship with either party, the parties shall meet and may amend or delete such letter.
Dated at London, Ontario this __i:_ day of tWrZc!f 2008.
For the Union:
L~
N:~race/Carlo/Letter of Understandin~
For the Employer:
--------- - K&H Asphalt Sealing and Stripping
----:---~-=..------ Jerry's Asphalt Paving Inc.
,~~C? Larry's Asphalt Paving Co. Ltd.
West London Paving Ltd.
638541 Ontario Ltd. o/a Wilson's Asphalt Paving
Pyramid Paving (2006) Ltd.
EEN:
'
LETTER OF UNDERSTANDING
LABOURERS' .IN.TERNATtONAL UNION
OF NORTH AMERICA, LOCAL 1059 .
- and
K & H ASPHALT SEALING AND STRIPPING
JERRY'S ASPHALT PAVING INC.
LARRY'S ASPHALT PAVING CO. LTD.
WEST LONDON PAVING LTD. ·
638541 ONTARIO LTD. o/a W1LSON'S ASPHALT PAVING
PYRAMID PAVING (2006) l TO.
("Union")
("Employer")
Th~ bove mentioned parties agree as follows:
Article 19. paragraph 19.08 in regards to the training of WHMIS. certification will be
done for all current members of the Employer in 2008 for first time certification only.
Any new members wilt have one (1) year from date of hire to receive WHMIS ·
certification.
Annual re-certification of WHMIS witl be the responsibility of the Employer .
. This letter of Understanding shall remain in effect until January 1~\ 2011 .
If th1s particular letter of Understanding causes a hardship with eithm party. the
parties shall meet and may amend or delete such letter.
d at London, Ontario this _f._ day of lfft-fl.cl{ 2008.
Ni t (".,e'r.arlo/l.e~r of Under:tte"dlf'Cl
For the Employer:
K&H A6phall Sealing nnd Stripping
- - ----- -- Jerry's Asphalt PaVIng II'IC
Larry's Asphalt P:!Mng Co. Ltd.
Westlon~on Pa11il'lg ltd.
63S!541 Ontario Lid ota Wilson's
Asphalt Peving
Pyram•d Paving (2006) ltd
; J ; ·. ! ~ . , 11
BElWEEN:
LETTER Of UN~BSTANOING
LABOURERS' INTERNATIONAL UNION
OF NORTH AMI:RICA, LOCAL 1069
- and -
K & H ASPHAI.T SEALING AND STRIPPING
JERRY'S ASPHALT PAVING INC.
LARRY'S A:SPHALT PAVtNG CO. L TO. WEST l.ONDON PAVING LTD.
638541 ONTARIO LTD. ola WilSON'S ASPHALT PAVING
PYRAMID PAVING (2006) L TO.
(''Union")
("Employer")
The above mentioned parties agree as follows:
1. Article 19, paragraph 19.08 in re~ards to the training of WHMtS, certification will be
done for an currer,t membtir& of l:he Employer in 2008 for first time ;ertification only.
Any new members will have one (1) year from date or hire to receive VVHMIS
certification.
2 . Annual re-certificatlen of WHMIS will be the responsibility of the Employer.
3. This Letter of Understanding sha·ll remain in effect until January ~'$t. 2011 .
4. If this particular Letter of Undef$t.andlng causes a hardship \.vith either party, the
parties shall meet and may amend or delete such letter.
Dated at London. Ontario this_~~ day of A,.~.- I 2008.
For~~ ' :: ':=----~-- -·.
For the Employer.
:lNI/\~d NOSI IM
Jeny's ASJ)Ilalt Paving lno.
\Ne$1 Lomfor. hving Ud
153~ 1 Oneario Ud. ole W.iSOn· • Asptl•lt Paving
L0 ·G0 B00l/G1/v0
BETWEEN:
LETTER Of UNDER8T.ANDING
LABOURERS' INTERNATIONAL UNION
OF NORTH AMERICA, LOCAL 1069
- and -
K & H ASPHALT SEALING AND STFUPPtNG
JERRY'S A$PHAL T PAVING INC.
LARRY'S ASPHALT PAVING CO. 1. TD.
WEST LONDON PAVING LTD .•
638841 ONTARIO LID. oJa WILSON'S ASPHALT PAVING
PYRAMID PAVING (2008) LTD.
("Union")
("Employer")
The above mentioned parties agree as follows:
1. Article 19, paragraph 19.08 In regards to the training ofWHMIS, certification will be
done for all current members of the Employer in 2008 for first time oertJfleation only.
Any new members will have one (1) year from date of hire to receive WHMIS
certification.
2. Annual re-certification of WHMIS win be the responsibility of the Employer.
3. This Letter of Unoemtandlng shall remain In effect until January 1st, 2011 .
4. If this partJcular Letter of Understanding causes a hard$hip with either party, the
parties shall meet and may amend or delete such letter.
Dated at London, Ontario thi~ L day of I'IAfl.c.l{ 2008.
