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COLLECTIVE AGREEMENT FARGE AGGREGATES & CONCRETE LAFARGE CANADA INC. AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 955 PERIOD: March 1, 2014 to February 28, 2017
COLLECTIVE AGREEMENT
FARGE AGGREGATES & CONCRETE
LAFARGE CANADA INC.
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 955
PERIOD: March 1, 2014 to February 28, 2017
Table of Contents
ARTICLE 1:00- OBJECT .................................................................................................. 2 ARTICLE 2:00 - EXTENT .................................................................................................. 2 ARTICLE 3:00- WAGE RATES ......................................................................................... 3 ARTICLE 4:00 -WAGES ................................................................................................... 5 ARTICLE 5:00- HOURS OF WORK AND OVERTIME ..................................................... 7 ARTICLE 6:00- UNION RECOGNITION ........................................................................... 9 ARTICLE 7:00 - MANAGEMENT RIGHTS ...................................................................... 11 ARTICLE 8:00- WORKING CONDITIONS ...................................................................... 12 ARTICLE 9:00- BEREAVEMENT AND JURY DUTY ...................................................... 13 ARTICLE 10:00- RECOGNITION FOR YEARS OF SERVICE ....................................... 14 ARTICLE 11:00- VACATION PAY .................................................................................. 14 ARTICLE 12:00- TRANSPORTATION & ROOM AND BOARD ...................................... 15 ARTICLE 13:00- DISPUTES, JURISDICTIONAL ........................................................... 16 ARTICLE 14:00- GRIEVANCE PROCEDURE ................................................................ 16 ARTICLE 15:00- ACCIDENT PREVENTION .................................................................. 18 ARTICLE 16:00- SHOW-UP AND CALL-OUT TIME ...................................................... 18 ARTICLE 17:00- EMPLOYER CONTRIBUTIONS .......................................................... 19 ARTICLE 18:00- DURATION OF COLLECTIVE AGREEMENT ..................................... 20 LETTER OF UNDERSTANDING (JOINT COMMITTEE TO CONSIDER THE LABOUR RELATIONS IMPLICATIONS OF SEPARATING COLLECTIVE BARGAINING AGREEMENTS) .............................................................................................................. 22
COLLECTIVE AGREEMENT
By and Between:
LAFARGE CANADA INC.
Defined as: All employees of Lafarge Aggregates, Concrete and Asphalt, Greater Calgary Division: shop, stationary crushing, washing, asphalt and concrete plants
in Calgary except office and supervisory personnel.
(hereinafter referred to as the Employer)
and
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 955
(hereinafter referred to as the Union)
in consideration of which each party, and both parties hereby covenant and agree to the following:
ARTICLE 1 :00 - OBJECT
1 :01 It is the intent and object of this Collective Agreement that the Employer and the Union cooperate to obtain efficient and unrestricted operation of the Employer's business; to promote peaceful and harmonious relations between the Employer and its employees and to provide for the amicable settlement of all disputes and grievances, to prevent strikes, slow-downs and lock-outs to avoid unreasonable delay, waste and expense, and to establish rates of pay, hours of work and other conditions of employment to be observed between the parties hereto.
ARTICLE 2:00 - EXTENT
2:01 This Collective Agreement shall apply to the Calgary shop maintenance work and all work related to preparation for and manufacturing or production of rock, sand and gravel aggregate, ready-mix concrete and asphalt.
2:02 Throughout this Collective Agreement, the use of the male gender shall mean and include female gender and is not intended to be discriminatory.
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ARTICLE 3:00- WAGE RATES
SCHEDULE A
Classification Description
CERTIFIED JOURNEYMEN:
Mechanics, Welders, Bodymen, Electricians and Machinists. Certified Journeymen Mechanic is defined as a four (4) year on road and off road Journeyman. A Journeyman Mechanic who has completed three (3) years (either on road or off road) shall be paid at 90% of the Certified Journeyman Mechanic rate.
GROUP 1 Plants Operator, Asphalt and Concrete; Non-Licensed or Apprentice Trades; Lowboy Operator, Plant Operator, Crushing, Screening and Washing at Spy Hill Plant only
GROUP 2 Serviceman, Front End Loader; Plants Operator, Crushing, Screening and Washing; Dozer; Scraper; Trucks, 5 or more axles.
GROUP 3 Distributor, Self-propelled Sweeper, Trucks 3 and 4 Axles; Assistant Plant Operators, Concrete, Asphalt, Crushing, Screening and Washing, Concrete Reclaimer, Grounds Person and Water Truck.
GROUP 4 Plant Helper, all types; Non-apprentice Helpers; Serviceman's Helper; Retail Yard Person and Labourer.
Effective March 1, 2012;
Learner Operators or Newly hired Loader Operators:
New Hires:
will be paid one dollar ($1.00) less per hour for up to a maximum three (3) month period. However this learning period may be extended by an additional three (3) month period upon consultation between the Employer, employee and the Union.
New hires with no previous industry experience shall be paid two dollars ($2.00) per hour less than the applicable rate for the first three (3) months, and one dollar ($1.00) per hour less than the applicable rate for the next three (3) months.
APPRENTICES - SCHEDULE
Apprentices shall be covered by the terms and conditions of this Collective Agreement for the purposes of calculating pay rates as set by regulation under the Manpower Development Act for Apprentice Mechanics, Welders, Bodymen, Electrical Mechanics, Machinists and Crane Operators.
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AGGREGATE OPERATIONS Year 31112014 31112015 3/1/2016
%Increase 3.25% 3% 3%
Classification Base
Boot Total Base
Boot Total Base
Boot Total
Rate Rate Rate Rate Rate Rate
Certified Journeymen $38.84 $0.08 $38.92 $40.01 $0.08 $40.09 $41.21 $0.08 $41.29
Welders Plant Operators:
Crushing, Screening & Washing at Spy $32.97 $0.08 $33.05 $33.96 $0.08 $34.04 $34.98 $0.08 $35.06
Hill only Front End Loaders,
Plant Operators: $30.28 $0.08 $30.36 $31.19 $0.08 $31.27 $32.13 $0.08 $32.21
Crushing Screening & Washing
Truck 3 & 4 Axle, Water Truck & $26.58 $0.08 $26.66 $27.37 $0.08 $27.45 $28.20 $0.08 $28.28
Groundsperson Labourer $23.02 $0.08 $23.10 $23.72 $0.08 $23.80 $24.43 $0.08 $24.51
ASPHALT OPERATIONS Year 3/112014 3/1/2015 31112016
%Increase 3.25% 3% 3%
Classification Base
Boot Total Base
Boot Total Base
Boot Total
Rate Rate Rate Rate Rate Rate
Certified $38.84 $0.08 $38.92 $40.01 $0.08 $40.09 $41.21 $0.08 $41.29 Journeyman Welder
Plant Operator $32.97 $0.08 $33.05 $33.96 $0.08 $34.04 $34.98 $0.08 $35.06
Loader Operator $30.28 $0.08 $30.36 $31.19 $0.08 $31.27 $32.13 $0.08 $32.21
Assistant Plant $26.58 $0.08 $26.66 $27.37 $0.08 $27.45 $28.20 $0.08 $28.28
Operator Plant Helper $23.02 $0.08 $23.10 $23.72 $0.08 $23.80 $24.43 $0.08 $24.51
READY-MIX OPERATIONS Year 3/1/2014 31112015 3/112016
%Increase 3.25% 3% 3%
Classification Base
Boot Total Base
Boot Total Base
Boot Total
Rate Rate Rate Rate Rate Rate
Plant $32.97 OperatoriBatcher $0.08 $33.05 $33.96 $0.08 $34.04 $34.98 $0.08 $35.06
Loader Operator $30.28 $0.08 $30.36 $31.19 $0.08 $31.27 $32.13 $0.08 $32.21
Assistant Plant Operator/Concrete $26.58 $0.08 $26.66 $27.37 $0.08 $27.45 $28.20 $0.08 $28.28
Reclaimer Yard Helper $23.02 $0.08 $23.10 $23.72 $0.08 $23.80 $24.43 $0.08 $24.51
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CALGARY SERVICE CENTER Year 3/112014 31112015 3/1/2016
%Increase 3.25% 3% 3%
Classification Base
Boot Total Base
Boot Total Base
Boot Rate Rate Rate Rate Rate
Certified Journeyman Mechanic, Welders $38.84 $0.08 $38.92 $40.01 $0.08 $40.09 $41.21 $0.08 & Electricians (4 year on or off-road)
Certified Journeyman
$35.00 Mechanic (3 year on $0.08 $35.08 $36.05 $0.08 $36.13 $37.13 $0.08
or off road) Non licensed Trade
$32.97 $0.08 $33.05 $33.96 $0.08 $34.04 $34.98 $0.08 (Red Circled) Servicemen $30.28 $0.08 $30.36 $31.19 $0.08 $31.27 $32.13 $0.08
Lead Hand Premium - One dollar ($1.00) per hour over highest classification of person supervised.
• Vacation shown at six percent (6%). Refer to Clause 11:01 for vacation rate in accordance with years of service.
• Gross rate will vary dependant on vacation rate in accordance with Clause 11 :01.
ARTICLE 4:00 -WAGES
4:01 The minimum wage rates for classifications covered by this Collective Agreement shall be as listed in above "Schedule A".
4:02 Should new classifications, normally within the jurisdiction of the Union, be introduced during the term of this Collective Agreement, wage rates will be negotiated with a committee from the Union within thirty (30) days written notice by either party or be referred to Arbitration as hereinafter provided. Any rate changes will become effective as of the date of official notification to negotiate the wage rate.
4:03 The Employer shall, at least every second (2nd) week, on the same week day, pay by direct deposit, to each employee covered by this Collective Agreement, all wages and holiday and vacation pay earned by the employee, to a day not more than seven (7) days prior to the date of payment. When payday falls on a holiday, wages and holiday and vacation will be paid on the last working day prior to the holiday.
Upon discharge of employment or layoff, employees shall be paid wages and holiday and vacation pay in full within three (3) calendar working days or arrangements made whereby a direct deposit be made on the next regular
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Total Rate
$41.29
$37.21
$35.06
$32.21
scheduled payday. The Record of Employment (ROE) for E.l. purposes will be received electronically by E.l. no later than five (5) regular working days from the notice of layoff or last day worked, whichever is later.
Notwithstanding the above, where the notice of layoff or the last day worked falls within three (3) calendar days of the pay period end date, employees shall be paid wages and holiday and vacation pay in full on the next regular scheduled payday. Furthermore, the ROE will be available within five (5) regular working days from the last day of the pay period in which the last day worked falls.
Employees will not be sent a hard copy, however upon request one can be provided. Pay calculation and deduction slips shall be supplied with each pay either by on-line access, or by mail to the employee's home address or other designated address on file.
All wages, overtime pay and entitlement owing to an employee may be paid by direct deposit to an account of the employee's choice in a bank, treasury branch, credit union, trust company or other corporation insured under the Canada Deposit Insurance Corporation Act (Canada).
Employees will have the option of receiving the vacation pay on the regular pay deposit or elect to bank the vacation pay and withdraw the earned vacation pay from time to time but no more than once per year for every two percent (2%) of vacation pay earned.
Employees must request vacation pay one (1) week prior to the payroll cut off.
Employees may only change their vacation pay option election once per calendar year.
4:04 Quit-Discharge, Layoff-Payouts
If the Employer fails to pay monies due as provided in the second paragraph of Clause 4:03 for discharges, layoffs or quits, the Employer shall pay the employee for such time up to a maximum of eight (8) hours pay for each twenty-four (24) hours the employee is kept waiting.
Where it can be clearly shown that a clerical error has occurred, the Employer shall not be penalized provided the error is corrected within one (1) working day from time of notification.
4:05 When an employee works in a higher hourly wage classification for less than onehalf (%) shift, the employee shall receive the higher rate of pay for a minimum of one-half (Yz) of his/her shift.
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ARTICLE 5:00 - HOURS OF WORK AND OVERTIME
5:01 Hours of Work
Eight (8) hours shall constitute a day's work and forty (40) hours shall constitute a week's work in each week of five (5) days, Monday to Friday inclusive.
Where one of the Statutory Holidays mentioned in Clause 5:03 falls during the work week, the forty (40) straight time hours shall be reduced to thirty-two (32) hours.
The Employer shall advise employees of a change in their shift schedule a minimum of seven (7) calendar days in advance, except in the event of an emergency or immediate operational requirements.
5:02 Overtime
(a) All hours worked in excess of eight (8) hours per day or forty (40) hours per week in each week of five (5) days, Monday through Friday inclusive, whichever is greater, shall be paid at one and one-half times (1% x) the employee's basic hourly rate.
For Ready Mix Plant only:
All hours worked in excess of twelve (12) hours per day, Monday to Saturday, shall be paid at two times (2 x) the employee's basic hourly rate.
(b) If an employee works less than forty (40) hours per week at straight time due to conditions set out by the Employer or approved time off, the employee will be paid at one and one half times (1% x) the hourly rate of pay for all hours worked on Saturday. Approved time off will not include time off for personal business.
(c) If an employee works less than forty (40) straight time hours Monday to Friday, for other reasons than identified in paragraph (b), he/she will be paid at straight time rate for hours worked on Saturday until he/she has worked forty (40) straight time hours in that week (to a maximum of four (4) hours).
All work performed on Sunday shall be paid at two times (2 x) the employee's basic hourly rate. Scheduled continuous night shifts beginning on Sunday evenings starting on or after 6:00 pm shall be paid at time and one half (1% x) for all hours worked up to midnight Sunday night.
When an employee is on overtime, they will continue at the appropriate overtime rate until such time that the employee has had eight (8) consecutive hours off.
Employees are required to notify their supervisor at least nine (9) hours prior to the next day's scheduled start time if they are not going to have eight (8) hours off between shifts because of unexpected work. If alternate arrangements cannot be made, they will be paid a half time (% x) premium over the normal applicable rate
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until such time the employee has had eight (8) consecutive hours off. Scheduling changes made to provide eight (8) consecutive hours off will not be at the expense of the employee's next regular scheduled shift.
5:03 General Holidays
All work performed on the day of observance for the following named holidays, shall be paid at two times (2 x) the employee's basic hourly rate:
New Year's Day Family Day Good Friday Victoria Day Canada Day August Civic Holiday
Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day
and any other Holidays as declared by the Provincial or Federal Government.
No work shall be performed on Labour Day except for the preservation of life or property.
Holiday pay shall be paid on each pay, on the basis of four point four percent (4.4%) on all hours worked based on the straight time hourly rate of pay, in lieu of the named General Holidays.
The Employer will still require employees to work the complete scheduled working day prior to and after such Holiday, unless excused by the appropriate Manager.
When one of these Holidays falls on a Saturday, the previous regular working day shall be observed as the Holiday. When one of these Holidays falls on a Sunday, the following regular working day shall be observed as the Holiday. When one of these Holidays falls on a regular workday, it shall normally be observed on that day.
Notwithstanding these provisions, the Employer may move the day of observance for any Statutory Holiday to any other day than the recognized holiday for operational reasons, provided the Employer notifies all employees of the bargaining unit minimum of seven (7) days in advance by posting notice of such change. Employees requesting Remembrance Day off will provide the Employer with at least seven (7) days notice of the request. Upon approval from the Employer the employee shall be excused from work for that day. No reasonable requests shall be denied.
5:04 Shift Premium
Shift work will be defined as all hours where the starting time commences anytime before 5:00am and after 11:00 am.
Employees working in non-continuous operations, will receive a shift premium of one dollar ($1.00) per hour in addition to his/her wages for all hours worked.
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Employees working in continuous operations*, will receive a shift premium of one dollar and fifty cents ($1.50) per hour in addition to his/her wages for all hours worked.
*Continuous operations include operations that run throughout the day and night, for a full season throughout the year.
The above amounts are not compounded for overtime.
5:05 Employees will be allowed one-half (Yz) hour off for lunch without pay, unless required to work through the regularly scheduled break, in which case the employee will be paid the applicable rate. When an employee is required to remain through lunch at his/her assigned place of work, the employee will be paid for the lunch period.
Employees covered by this Collective Agreement shall be permitted a ten (1 0) minute paid break to be taken in the first half (Yz) of the day and a ten (1 0) minute paid break may be taken in the second half (Yz) of the day. An additional ten (1 0) minutes paid break may be taken after every two (2) hours of work beyond their regular quitting time.
The above breaks will be taken so as to minimize interference with the continuous nature of the business.
5:06 Hours of Work: Off Season Plant Repairs
The regular work week during Off Season Plant Repairs, which commences November 1st and ends March 31st annually, shall be four (4) shifts of ten (10) hours each, Monday to Thursday, paid at straight time rates. Hours in excess of ten (1 0) hours or hours worked on a subsequent shift shall be paid at the appropriate rate. This provision shall revert back to Clause 5:01 with seven (7) calendar days notice.
5:07 Hours of Work: Modified Work Week
Upon agreement between the Employer, the Union and the affected employees, the Employer may implement a modified work week by signing a Letter of Understanding with the Union, outlining the terms and conditions.
ARTICLE 6:00 - UNION RECOGNITION
6:01 The Employer agrees to hire only members of Local 955 who are in possession of a referral slip from the Union. The Employer agrees to make available a copy of each referral slip to the Union's Job Steward. When workers are required, the Employer shall call the Union for such workers. The Employer may request former employees who have been employed by them in the previous twelve (12) months and the Union shall refer said former employees. If the Union is unable to supply
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qualified persons within forty-eight (48) hours, excluding Saturdays, Sundays and Holidays, the Employer may hire them elsewhere.
Notwithstanding, employees are required to report at the Union office and fill out the membership registration paperwork prior to reporting for work. Once the employee has registered with the Union, they will receive a dispatch slip to report for work at a specified location, along with whom they are reporting to.
On out of town projects, Union employees residing within seventy (70) kms of the project shall have preference of employment, following which local residents may be hired. Such local hires shall, at the discretion of the Union become members of the Union within thirty (30) days. Employers will notify the Union of local non-union employees hired weekly by telephone or fax.
In the event that a person in possession of a referral slip from the Union is rejected through no fault of his/her own, he/she shall receive two (2) hours pay and any travel time and transportation costs required by this Collective Agreement.
6:02 All employees who are members in good standing of the Union and all employees who become members during the life of this Collective Agreement, shall as a condition of employment, maintain their membership in good standing for the duration of this Collective Agreement.
6:03 A copy of this Collective Agreement will be made available by the Union to all employees covered by this Collective Agreement, and the Employer will make available to the Union representative, upon reasonable notice, a list of all employees covered by this Collective Agreement.
6:04 Job stewards shall be recognized on all jobs covered by this Collective Agreement. The Union may appoint stewards as required, provided at the time of appointment such stewards are employees of the Employer. Where possible, more than one (1) steward will be appointed to ensure that each business unit covered by this Collective Agreement has a representative.
The duties of any steward shall not conflict with his/her employment; however, the steward shall be allowed a reasonable amount of time during working hours to perform the work of the Union. The Union will submit in writing to the Employer the names of the stewards appointed.
For the purpose of this Clause, the Employer shall be required to deal only with the chief steward. The Employer shall notify the Union in writing of the termination of any steward. The Chief Job Steward shall be one of the last two (2) employees laid off in his/her job classification. At no time shall job stewards be discriminated against.
6:05 All employees shall be required to pay an amount equal to Union dues during their term of employment. The Employer shall deduct this amount from the employee's wages by the first payday after commencement of employment; provided that the employee has worked a minimum of one (1) week, and thereafter on the first payday of each month. All dues so collected shall be remitted to the Union
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together with a list of employees concerned not later than the tenth (1oth) day of the month following such deduction.
6:06 The Employer agrees to deduct any Union dues, fees and assessments that may be in addition to those described in Clause 6:05 as evidenced by a signed authorization from an employee covered by this Collective Agreement, and forward such monies to the Union, together with a list showing the amount deducted for each person, not later than the tenth (1oth) day of the following month.
6:07 An authorized representative of the Union shall have access to all jobs having due regard to safety precautions and after notifying the Employer or his authorized representative, but shall not at any time interfere with employees during working hours without such notification. The authorized representative of the Union shall comply with all components of the Employer's safety regulations.
6:08 The Union shall have the right to post notices at designated places on the job. All such notices must be signed by the proper officer of the Local Union and submitted to the management of the Employer for their approval.
6:09 The Employer recognizes the Union as the exclusive bargaining agent for those classifications of employees covered by this Collective Agreement and within the normal jurisdiction of the Union. All employees working within the classifications covered by this Collective Agreement shall be members of the Union and shall be covered under the terms and conditions of this Collective Agreement.
6:10 On jobs where circumstances have necessitated the hiring of Local 955 permit holders and layoffs take place, the following procedures and sequence for layoff shall be followed:
(1) permit holders first; (2) good standing members last.
6:11 When a member of the Union becomes a supervisor, he/she may, at his/her option, and with the approval of the Union, continue to be a member of the Union and shall be covered under the terms and conditions of this Collective Agreement.
ARTICLE 7:00- MANAGEMENT RIGHTS
7:01 The Employer retains the right of management at all times; shall be the judge of the competency of employees and has the right to select, hire, reclassify, transfer, discipline, suspend and discharge employees for just cause; may determine the number of men necessary for the operation of any machine or machines; may select, in the case of reduction or replacement of forces, those employees who, in his sole estimation, are best qualified; may designate the work each employee shall perform; may transfer employees from one (1) locality to another to the full extent of his requirements. The above rights are vested in management subject only to this Collective Agreement.
7:02 The Union shall not have the right to transfer its members from (1) Employer to another nor to replace employed members with unemployed members. No
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employee shall leave his/her job until relieved by a competent replacement and the Union shall do everything in its power to ensure that its members observe this proviso.
7:03 The Union, when called upon shall supply competent men, provided always that the Employer reserves the right to reject men supplied by the Union in the same manner as any other job applicant.
7:04 In the event that a project's conditions, location or other factors place unionized contractors in an uncompetitive position with non-union bidders, Lafarge Canada Inc.'s Negotiating Committee and Union's Business Agent and/or Representative may agree to amend certain terms and conditions of the Collective Agreement.
ARTICLE 8:00 -WORKING CONDITIONS
8:01 The Employer agrees to notify the Union of jobs obtained by the Employer describing particulars thereof.
8:02 The Employer shall provide reasonable protection from severe weather elements for all employees.
8:03 All time spent moving machines such as mobile cranes and other rubber-tired equipment or when hauling passengers in a company vehicle at the direction of the Employer shall be considered as regular working hours and the applicable straight time and/or overtime rates shall be paid. This provision also applies to operators of crawler and other types of equipment; transported on wheeled vehicles, when they are assigned to travel with such equipment to load or unload and to be otherwise responsible for the equipment so transported.
8:04 Fresh drinking water, in approved sanitary containers, and paper cups will be provided and placed in convenient locations on all projects.
8:05 The Employer shall provide or make available suitable sanitary facilities and wherever possible a heated lunchroom which shall not be used for storage of tools or equipment, and a lockfast place for storage of employees' tools.
8:06 (a)
(b)
The Employer shall ensure the replacement of those tools which he requires employees to bring on the job when lost by fire or theft by forcible entry, provided the employee when commencing employment submits to the Employer an inventory of such tools which shall identify the manufacturer thereof.
Effective August 30, 2009, Mechanics, Indentured Apprentice Mechanics, Welders, Electricians and Servicemen shall receive a Tool Allowance as listed below:
Journeymen Mechanics: Fifty cents ($0.50) per hour worked.
Indentured Apprentice Mechanics: Fifty cents ($0.50) per hour worked.
Electrician/Welder/Servicemen: Twenty cents ($0.20) per hour worked.
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If the Employer supplies all the tools, employees will not be eligible to receive the above allowances.
The above amounts are not compounded for overtime.
(c) As part of the Employer's Health and Safety policy, employees are required to wear proper safety footwear. Effective March 1, 2012 the Employer will pay each employee as part of his or her wages; eight cents ($0.08) per hour to be used for the purchase of approved winter and summer safety footwear. This amount will be compounded for overtime to reflect employees who work more hours and wear out their boots more quickly. It is each employee's responsibility to ensure that they report for work wearing appropriate safety footwear.
8:07 Meals on Unscheduled Overtime:
If an employee is required to work more than twelve (12) hours in a shift, the Employer shall provide the employee a meal free of charge, or pay the employee twelve dollars ($12.00) on the next pay.
8:08 The Employer shall provide and maintain coveralls for each employee covered by this Collective Agreement. Employees shall be required to acknowledge receipt of their coveralls and ensure that they are returned upon layoff or termination. In the event that an employee fails to return his/her assigned coveralls, he/she will reimburse the Employer for the full cost of the missing coveralls.
ARTICLE 9:00- BEREAVEMENT AND JURY DUTY
9:01 When death occurs to a member of an employee's immediate family, the employee will be granted upon request, an appropriate leave of absence. If the employee attends the funeral, he/she shall be compensated for hours lost from their regular schedule on the day prior to the funeral, the day of the funeral and the day after the funeral. Maximum compensation shall be eight (8) hours per day for three (3) days at the employee's regular rate of pay.
Members of the employee's immediate family are defined as the employee's spouse, mother, father, sons, daughters, sisters, brothers, mother-in-law, father-inlaw, grandmother and grandfather, brothers-in-law, sisters-in-law and grandchildren.
9:02 Any employee who is required to perform jury duty, or is subpoenaed to appear as a witness in court, during the employee's regular work day, will be reimbursed by the Employer for the difference between the pay received for Jury Duty or Witness Fee, and his/her regular straight time hourly rate of pay for his/her regular scheduled hours of work.
The employee shall be required to furnish proof of Jury service or courtroom attendance and proof of any fees received. Any employee on Jury Duty or called as a witness shall make himself/herself available for work before or after being
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required for such duty, whenever applicable. This Article will not apply to an employee who is on vacation, on leave of absence, or who is receiving benefits under the Health and Well ness Program or Worker's Compensation.
ARTICLE 10:00- RECOGITION FOR YEARS OF SERVICE
10:01 Years of service shall be based on the length of continuous service an employee has been on the payroll, subject to Clause 10:02 of this Article.
10:02 An employee shall lose all recognition for years of service and the employee's employment shall be terminated for any (1) or more of the following reasons:
(a) Voluntary resignation.
(b) Discharge for cause.
(c) Failure to return to work when recalled.
(d) Employees with less than five (5) years of service: Layoffs of six (6) months or greater;
Employees with five (5) years of service or more: Layoffs of nine (9) months or greater.
10:03 Ability, competency, efficiency and years of service will be the criteria used in determining layoffs, rehiring and filling vacant or new positions. The Union recognizes that the first three (3) of these criterions, will govern in the case of grievances. While the Employer will endeavour to place employees in other positions with the Employer at time of layoff, years of service gained at one (1) operation will not entitle the individual to bump into another operation.
10:04 A list showing the years of service of each employee shall be compiled and kept posted on the bulletin board. This list shall be revised every fourth (4th) month of each year. Any errors shall be reported to the Chief Job Steward with a request for a correction of the list, otherwise the list as posted shall govern years of service.
10:05 Leave of absence for any other reasons than ill health will consist of a maximum of thirty (30) days. Any extension of leave of absence over thirty (30) days shall be in writing and agreed upon by the Union, the Employer and the employee concerned.
ARTICLE 11 :00 - VACATION PAY
11 :01 Vacation requests will be considered based upon the Employer's business requirements and employees recognized years of service.
Employees with less than five (5) years of service will be paid four percent (4%) Vacation pay on all hours worked based on the straight time hourly rate of pay.
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Employees with five (5) or more years of service will be paid six percent (6%) Vacation pay on all hours worked based on the straight time hourly rate of pay.
Employees with twelve (12) or more years of service will be paid eight percent (8%) Vacation pay on all hours worked based on the straight time hourly rate of pay.
Employees with twenty (20) or more years of service will be paid ten percent (1 0%) Vacation pay on all hours worked based on the straight time hourly rate of pay.
The above amounts are not compounded for overtime.
ARTICLE 12:00 - TRANSPORTATION & ROOM AND BOARD
12:01 Travel time at the rate of one (1) minute per kilometer will be paid when employees travel to and from the job site outside their normal working days.
Air travel time for business or training programs will be paid at the regular rate of pay based on regular hours only.
The Employer will pay all reasonable expenses of employees instructed to work on projects away from home.
12:02 Employees being requested to travel from (1) job location to another within the same day may be provided transportation by way of Employer owned vehicle. Employees will continue to receive their regular hourly rate of pay for all time spent travelling.
The Employer will pay an additional fifty cents ($0.50) per kilometer if the employee is required to use their own vehicle.
The Employer provides living accommodations to employees free of charge at work sites further than seventy-five (75) kms from the Calgary city limits. These accommodations are available for employees only (no guests) on a seven (7) day a week basis and are based on one (1) employee per room. No credit is allowed to the employee who does not occupy the living accommodations on non-work days. Employees living in their own trailers, motor homes, or making other approved arrangements will be allowed to submit an expense account of thirty-five dollars ($35.00) per day for each work day that they do so. The Employer provides an "away from home" food subsidy of thirty-five dollars ($35.00) per work day.
In accordance with the Income Tax Act, the Employer will report a benefit on an employee's T-4 and/or Employee Taxable Benefit form to cover his/her personal use of an Employer vehicle. All employees who drive a company vehicle home on a regular basis are required to report their personal usage and are solely responsible to Revenue Canada for its accuracy and tax implications.
Where employees drive a company vehicle home on a regular basis and live greater than ten (10) kilometers outside the Calgary city limits, the employee will reimburse the Employer at a rate of twenty cents ($0.20) per kilometer for the
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operating costs of the vehicle. The precise amount will be determined based on the distance the employee drives to and from home beyond the limit previously prescribed. Employees will record such expenses on a daily basis and remit such payment on a monthly basis to the Employer. In situations where the Employer requires an employee to report directly to a site from his/her home without first reporting to the employee's base worksite, the employee will not be required to remit the payment for that day.
ARTICLE 13:00 - DISPUTES, JURISDICTIONAL
13:01 There shall be, during the term of this Collective Agreement, no slowdowns, stoppage of work, picketing, strike, lockout or walk-out on account of any jurisdictional dispute which may at any time arise between the Union and other unit or units of organized labour, or between any other units of organized labour, or any dispute between the Union and any other Employer. Such disputes shall be settled without permitting same to interfere with the progress or prosecution of the work in the following manner.
13:02 The Employer shall assign the work in accordance with current "Decisions or Agreements of Record" between the disputing Unions.
13:03 If no "Decisions or Agreements of Record" exist, the Employer shall make an assignment of the work and the dispute will be settled, if possible, on a local level by the Unions involved.
13:04 If the dispute cannot be settled on a local level, it shall be referred to the International Unions involved for settlement. If the International Unions are unable to resolve the dispute, then the matter shall be referred to the Building and Construction Trades Department of the A.F.L.-C.I.O. for settlement.
13:05 In any event, there shall be no work stoppage over any jurisdictional dispute.
ARTICLE 14:00- GRIEVANCE PROCEDURE
14:01 There shall be, during the term of this Collective Agreement, no slow-downs, stoppage of work, picketing, strike, lockout or walk-out concerning the interpretation, application, operation or alleged violation of this Collective Agreement in accordance with the Labour Relations Code of Alberta.
14:02 In the event of any dispute arising out of this Collective Agreement between the Employer and the Union covering the interpretation, application, operation or alleged violation of this Collective Agreement, the dispute will proceed to section (c) below. In the event of any dispute arising out of this Collective Agreement between the Employer and employee, the following procedure will be followed:
(a) An aggrieved party shall, within fifteen (15) days (except on termination the aggrieved party shall within seventy-two (72) hours, excluding Saturdays, Sundays and holidays) of the alleged grievance submit his/her complaint in writing to the job steward who shall endeavour to settle the complaint between the employee and his/her immediate supervisor.
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(b) If a settlement is not reached within three (3) days excluding Saturdays, Sundays and holidays, the job steward shall present the matter of complaint in writing to an official representative of the Union for discussion with the project superintendent or management representative.
(c) If the complaint is not settled within ten (1 0) days excluding Saturdays, Sundays and holidays it may be referred to an Arbitration Board which shall be composed of one (1) member appointed by the Employer, one (1) member appointed by the Union and a neutral Chairman appointed by the members. Each party shall bear the expense of their appointee and the expense of the Chairman shall be shared equally by the parties.
(d) If either party fails to appoint a member or if the appointed members cannot agree on a neutral Chairman, such appointments shall be made in accordance with the Labour Relations Code of Alberta.
(e) The Arbitration Board shall be vested with the authority to decide whether any matter referred to it is arbitrable. It shall make its decision within fourteen (14) days of the appointment of the Chairman. By mutual consent of the parties, the time limits may be extended.
14:03 The Board shall not alter, amend or change the terms of this Collective Agreement. The majority decision of the Arbitration Board shall be final and binding on both parties but if there is no majority award, the decision of the Chairman shall be the award.
14:04 As an alternative procedure to that outlined, commencing with Clause 14:02, section (c) the following procedure shall be used if mutually agreed in writing by the Employer and the Union.
(a) The steps prescribed in Clause 14:02, sections (a) and (b) shall apply.
(b) If the matter of complaint is not then settled within ten (10) days excluding Saturdays, Sundays and holidays, it shall be referred to a single Arbitrator who shall be selected and agreed upon by the Employer and the Union.
(c) Should the Employer and the Union fail to agree on the appointment of the single Arbitrator, the appointment shall be made by the Minister of Labour.
(d) The single Arbitrator shall have the same authority as an Arbitration Board and shall make his/her decision within fourteen (14) days of his/her appointment. By mutual consent of the parties, the time limits may be extended.
(e) The costs of and in connection with the single Arbitrator shall be borne equally by the Employer and the Union.
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The single Arbitrator shall not alter, amend or change the terms of this Collective Agreement. The decision of the Arbitrator shall be final and binding on both parties.
ARTICLE 15:00 -ACCIDENT PREVENTION
15:01 It is understood and agreed that the parties to this Collective Agreement shall at all times comply with the accident prevention regulations of the Occupational Health and Safety Act, and any refusal on the part of an employee to perform his/her duties or to continue to perform his/her duties in contravention of the Occupational Health & Safety Act shall not be deemed to be a violation of this Collective Agreement.
15:02 The Employer shall make available, free of charge, all necessary safety equipment as required by the Occupational Health & Safety Act excepting such articles of personal clothing which are not returnable, such as hard hat liners, etc.
15:03 A violation of safety regulations by an employee or any refusal of an employee to abide by safety regulations after being duly warned shall be just cause for dismissal.
15:04 The Job steward or designated alternate as mutually agreed between the Parties, shall be appointed to the Safety Committees.
15:05 The Employer may have a safety policy that exceeds the requirements of the Occupational Health and Safety Act and employees shall be required to adhere to that policy. The Employer shall upon request from the Union provide to the Union a copy of the Employer's Safety Regulations.
15:06 The Employer and the Union agree that it is in the best interest of all concerned to promote a safe working environment. Accordingly the parties agree there shall be pre-employment medical testing. The cost of such testing shall be paid for by the Employer. The person being tested shall receive a copy of the results of such tests upon request.
ARTICLE 16:00 - SHOW-UP AND CALL-OUT TIME
16:01 (a) An employee reporting for work on call of the Employer shall receive two (2) hours pay at the applicable rate unless he/she is notified at least two (2) hours prior to the regular starting time not to report for work or, if a camp is maintained, one (1) hour's notice is required.
(b) If an employee commences work, he/she shall receive payment for the actual time worked or a minimum of three (3) hours.
(c) Notwithstanding the provisions of sections (a) and (b), when an employee refuses to work or refuses to continue to work, or there is a third party labour work stoppage, no pay for hours not worked shall be required.
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(d) The Employer must, within two (2) months of ratification of the Collective Agreement (August 19, 2007), devise a system to effectively inform employees of cancellation of the day's work due to inclement weather. Such notification shall be at least one (1) hour before the regular start time. If such notification is not received and the employee shows up for work, show up time will be paid of two (2) hours at the employee's regular rate of pay.
16:02 Employees called out for work after their regular hours of work will receive a minimum of four (4) hours pay at the overtime rates applicable.
16:03 Reporting time pay and/or call-out pay is in addition to travel time pay.
16:04 The Employer may require an employee to work within his/her jurisdiction for the four (4) hours call-out pay.
ARTICLE 17:00 - EMPLOYER CONTRIBUTIONS
17:01 Health & Wellness
Effective March 1st, 2014, the Employer shall pay one dollar and fifty-five cents ($1.55) per hour for each hour worked by each Union member into the Operating Engineers Local Union No. 955 Health and Wellness Trust Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended.
Effective March 1st, 2015, the Employer shall pay one dollar and sixty cents ($1.60) per hour for each hour worked by each Union member into the Operating Engineers Local Union No. 955 Health and Wellness Trust Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended.
Effective March 1st, 2016, the Employer shall pay one dollar and sixty-five cents ($1.65) per hour for each hour worked by each Union member into the Operating Engineers Local Union No. 955 Health and Wellness Trust Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended.
The Employer shall, not later than the tenth (1oth) day of each month, mail Health and Wellness Trust Fund contributions for the previous month to the Office of the Fund. Cheques are to be made payable to "The Operating Engineers Local Union No. 955 Health and Wellness Trust Fund".
17:02 Pension
Effective March 1st, 2014, the Employer shall pay three dollars and twenty-five cents ($3.25) per hour for each hour worked by each Union member into the Operating Engineers Local Union No. 955 Pension Trust Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended.
Effective March 1st, 2015, the Employer shall pay three dollars and forty cents ($3.40) per hour for each hour worked by each Union member into the Operating
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Engineers Local Union No. 955 Pension Trust Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended.
Effective March 1st, 2016, the Employer shall pay three dollars and fifty cents ($3.50) per hour for each hour earned by each Union member into the Operating Engineers Local Union No. 955 Pension Trust Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended
The Employer shall, not later than the tenth (1oth) day of each month, mail Pension Trust Fund contributions for the previous month to the Office of the Trust Fund. Cheques are to be made payable to "The Operating Engineers Local Union No. 955 Pension Trust Fund".
17:03 Training
The Employer shall pay three cents (3¢) per hour for each hour worked by each union member, into the Operating Engineers Local Union No. 955 Training Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended.
The Employer shall, not later than the tenth (1oth) day of each month, mail Training Trust Fund contributions for the previous month to the Office of the Trust Fund. Cheques are to be made payable to "The Operating Engineers Local Union No. 955 Training Trust Fund".
17:04 Notwithstanding any provision of this Collective Agreement or of any other document, including any document respecting the establishment or administration of the Health & Wellness Insurance Trust Fund, Pension Trust Fund, and Training Trust Fund, the Employer's liability to the said Funds shall be limited to remittances of the above noted contributions in the manners and at the times set out herein.
ARTICLE 18:00 - DURATION OF COLLECTIVE AGREEMENT
18:01 This Collective Agreement shall become effective March 1st, 2012 and shall remain in effect until February 28, 2014, and from year to year thereafter except as hereinafter provided.
18:02 Either party to this Collective Agreement may, not less than sixty (60) days and not more than one hundred and twenty (120) days immediately prior to the expiry date of the Collective Agreement, request the other party to the Collective Agreement to commence collective bargaining. Such notice shall be given by registered mail.
18:03 If notice to negotiate has been given by either party, this Collective Agreement shall remain in full force and effect during any period of negotiations even though such negotiations may extend beyond the said expiry date, until the procedures in the Labour Relations Code of Alberta have been exhausted. The parties to this Collective Agreement shall make every effort to complete the procedures in the Labour Relations Code of Alberta and conclude a Collective Agreement prior to the expiry date.
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Signed this - --=3-=-o-t_h ___ day of __ O~ct ...... oh:"""""'..._r"' ___ , 2014.
LAFARGE CANADA INC. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 955
Susan Davison, Employee and Labour Relations Manager
Bruce
, General Manager,
Negotiating Committee:
Bruce Kosmack, Chairman Jim King, Co-Chairman
Mike Millan, Chief Job Steward Doug Fisher, Employee Curtis Parent, Employee
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LETTER OF UNDERSTANDING
BETWEEN:
LAFARGE CANADA INC. Aggregates & Concrete- Western Canada Shop, Stationary Crushing, Washing, Asphalt & Concrete plants within the Corporate limits of Calgary
(hereinafter referred to as the "Employer")
AND:
INTERNATIONAL UNION OFOPERATING ENGINEERS, LOCAL UNION NO. 955
(hereinafter referred to as the "Union")
Re: Joint Committee to consider the Labour Relations implications of separating Collective Bargaining Agreements
The parties agree that during the term of this Collective Agreement both the Employer and the Union will create a joint committee to examine the issue of separating the Aggregate Operations, Asphalt Operation, Ready-Mix Operations and Maintenance Shop in Calgary.
1. The committee will be comprised of one (1) union representative and one (1) management representative from each of the four (4) operations.
2. The committee will work together to identify issues and challenges associated with the current Collective Agreement and work towards resolution of those issues and a better understanding of the business needs that could require separate Collective Agreements.
3. The Union commits to provide ongoing communication and education to the employees within the bargaining unit so they may better understand the Employer's rationale for the separation and the implications for the bargaining unit.
4. A separation of the Collective Agreements would mean the following would apply;
a) The Employer and the Union may recognize that the different Operations are separate bargaining units, if recommended by the committee.
b) The Employer and the Union would hold separate and independent negotiations for each Operation(s) having a separate Collective Agreement.
c) The Union would hold independent ratification votes for each Collective Agreement.
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Signed this -----"3"'""0'--~--- day of _ __,.Oac::tolx...!..lo!llo!l.d.(" _ __ , 2014.
LAFARGE CANADA INC.
Susan Davison, Employee and Labour Relations Manager
s, General Manager,
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 955
Bruce
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SAFETY CREED
WE BELIEVE ...
. . . that every employee bears the unalterable responsibility for keeping out of harms way. This they owe to themselves, their family, their fellows and their job.
. . . that no employee lives or works entirely alone. They are involved with all employees, touched by their accomplishments, marked by their failures. If they fail the employee beside them, they fail themself, and will share the burden of that loss. The true horror of an accident is the realization that a employee has failed themselfand more - that their fellows have failed the employee.
. . . that accidents are conceived in improper attitudes, and born in moments of action without thought. They will cease to be only when the proper attitude is strong enough to precede the act - when the right attitude creates the awareness that controls the act.
... that the prevention of accidents is an objective which crosses all levels of rank, organization and procedure .
. . . that freedom from harm is not a privilege but a goal to be achieved and perpetuated day by day .
. . . that the elimination of injury and pain through accidents is a moral obligation upon which the final measure of our performance directly depends.
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International Union of Operating Engineers Local Union No. 955
oPride - Performance - Quality - Safety" T7tis Code of Conduct shall apply to: cnnrps, employer/client prentises and/or work s·ites, lunch/coffee/clmnge roo111.s, temporary (LOA) dom·iciles, supplied tmnspo1·tation and all Union. offices, meetings and social events.
Eve1y employee is el'ltitled to employment free oflmmssment and disCJ-iminatio/1.. Therefore this Code of Conduct shall be adhered to by all members of Local 955, travel cards of the moE and permit workers who rn-e rejelTed to work by Local 955. T11e Code of Conduct slznll include tl1e 11].1pl-icntiou of the IllOE Local 955 Harassment aud Sexual Harassment Policy.
T7tis Coile of Conduct is cousiriered to be part of the moE Loml 955 Working Rules arui Bylaws (as may be amended from time to time), and violating any aspects of this Code of Con.duct will be consiriereri as a violation ofLocal955's Worlring Rules and Bylaws, subject to a penalty as rietenuiued l1y the Execl/.tive Board or its designate (i.e. Dispatch Review Com:mittee) after a hearing lms bee11 coHducteri to cons·ider nny sllch violatio11.s.
• Members shall not engage in conduct discreditable to the Union; members shall work together with the same corrunon goal of being honest, ethical and practising safe work habits at all times.
• Members are required to conduct themselves in a way that demonstrates respect and professionalism towards the Project Owners, Contractors, supervision and co-workers in the workplace.
• l\IIembers are required to demonstrate a good attendance record at work, which includes no early quits, late starts or excessive absenteeism. Any worker demonstrating a trend of the above mentioned items shall be requested to discuss their attendance issues with the Executive Board or its designate.
• Members are required to be understanding and supportive of a teamwork approach, wllile taking pride in quality of workmanship and applying the principle of a fair day's work for a fair day's pay.
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• Members will aid fellow workers, leading by example and/or mentoring, while remaining open-minded to changes and I or improvements in the workplace.
• Members are required to comply ·with lawh.tl orders of the Business Manager, Representatives, Agents or Officers of the Local Union.
• Members shall not wilfully damage equipment and/or n1.achinery.
• Members are required to showup fit and ready for work, remaining clean and sober, free from the use of alcohol and/or any illegal or impairing dmgs.
• Members shall not leave a jobsite without giving due notification to the Employer and / or Project Owners.
• Members are required to adhere to all lawful Project Owner/Contractor policies, site and safety rules and/or camp regulations, as may be amended.
