SELF-LEVELLING COLLECTIVE AGREEMENT · 1.01 The Employer recognizes the Union as the exclusive...

SELF-LEVELLING COLLECTIVE AGREEMENT

BETWEEN:

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183

-and-

THE SELF LEVELLING FLOORING ASSOCIATION

MAY 1, 2016 TO APRIL 30,2019

L/UNA, Loca/183 & Self Levelling Flooring Association Collective Agreement

May 1, 2016 to Apri/30, 2019

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Table of Contents

Page

ARTICLE 1 -Recognition ......... ....... .............................. .... ... ................... .... ............ ........ 1

ARTICLE 2- Union Security ... ..... ............ ... ........................... ... .... ..... .. .... ... ............. .. ...... 2

ARTICLE 3 - Contracting and Subcontracting ... ..................... ... ................. ... ......... .... .... .4

ARTICLE 4- Cross-Over Clause ................. ..... ....................................... ..... ............. ...... 5

ARTICLE 5 - Management Rights ................................................................................... 5

ARTICLE 6 - Grievance Procedure .. .. ...... ....... ................ ..... ........ .. ......... ... .................. .. . 6

ARTICLE 7 - Arbitration ... ......... .... ......................................................................... ... .. ..... 7

ARTICLE 8 - Business Representative and Steward .......... .. ........ ........... .. .................. .... 7

ARTICLE 9- No Strikes- No Lockouts .................................. .... ...................................... 8

ARTICLE 1 0 - Tools ....... ... .. ...................... .. ......... .. ... .. ..... ........... .................................... 8

ARTICLE 11 - Safety Sanitation and Shelter ...... ............................................................. 9

ARTICLE 12 - Payment of Wages .. ................ ..... ........ .... .......................... .... ............. ... 10

ARTICLE 13 - Hourly and Piecework Rates ..... ........................ .... ..................... .. .......... 11

ARTICLE 14- Contributions and Remittances (Hourly) ........ ......................................... 13

ARTICLE 15- Holiday and Vacation Pay (Hourly Employees) ....... .................. .. ......... .. 14

ARTICLE 16 - Working Dues and Monthly Dues .. ......... ...... ......... .. .. ..... ........ ................ 15

ARTICLE 17 - Hours of Work and Overtime .... ...... ...... ............. ........ ............................. 16

ARTICLE 18 - Coffee and Lunch Breaks ...... ............................................................. .... 17

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ARTICLE 19 - Reporting Allowance ............... ................................ ........................ .. ..... 17

ARTICLE 20 - Statutory Holidays ... ... ... ... ........................ ........................... ................... 17

ARTICLE 21 -Parking, Board and Travel Pay ................................................. .. .......... .. 18

ARTICLE 22 - Job Notification ........... ............ .. .................. ...... .................. ..... .............. . 18

ARTICLE 23 - Delinquencies ............................................................................ .......... ... 19

ARTICLE 24- Maintenance of Existing Rates and Conditions ...... .......... ....... .... ... ........ 20

ARTICLE 25- No Lesser Agreement ...... ............... ............. .... ........ ... ..... .............. ........ 20

ARTICLE 26 - Duration .............. ... ..... ................. ........ .... .. .. ... ................ ... ..... .... .. .......... 20

SCHEDULE A- Wages, Contributions and Deductions .. ........................................... ... 22

SCHEDULE B -Cross-Over Agreements .. ............ ... ...................... ............................. . 23

LETTER OF UNDERSTANDING NO. 1 ........................................................................ 25

APPENDIX A ........... ... .................. .. ...... .... .. .......................................................... ......... 27

APPENDIX B ..................... ................. ......... .. ............................ .. .................................. 28

LIUNA. Loca/183 & Self-Levelling Flooring Association Collective Agreement

May 1, 2016 to Apri/30, 2019

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SELF-LEVELLING AND FLOOR PREPARATION COLLECTIVE AGREEMENT

BETWEEN:

Labourers' International Union of North America, Local 183

(The "Union")

-and-


(the "Association" on behalf of its

members each hereafter referred

to as the "Employer)

Whereas the Employer and the Union wish to enter into a collective agreement with

respect to all employees of the Employer engaged in self-levelling and floor preparation

work.

Whereas the general purpose of this agreement is to establish mutually satisfactory

relations between the Union and the Employer and the employees and to provide a means

for the prompt and equitable disposition of grievances and to establish and maintain

satisfactory working conditions for all employees that are subject to its terms.

Now therefore the Parties agree:

ARTICLE 1 - Recognition

1.01 The Employer recognizes the Union as the exclusive bargaining agent of all

employees of the Employer engaged in the application of self-levelling

underlayment, including the preparation of all types of floors for the application

of flooring materials on pre-poured concrete, in all sectors of the construction

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industry, save and except the industrial, commercial and institutional sector,

working in OLRB Geographic Areas 8, 9 and Simcoe County.

1.02 When preparing flooring as part of a formwork contract, the Employer shall apply

the terms and conditions of the collective agreement between the Ontario

Formwork Association and the Formwork Council of Ontario and, in particular,

Schedule "D" IV, (the Local 183 Schedule for stucco, patching grinding and

rubbing up).

ARTICLE 2 • Union Security

2.01 All employees, when working in a position within the bargaining unit described

in Article 1 hereof, shall be required, as a condition of employment, to be

members in good standing of the Union before commencing employment, and

shall be required to maintain such membership while working within the

bargaining unit for the duration of this agreement. Each employee shall obtain

a clearance slip from the Union and provide it to the Employer prior to

commencing work.

2.02 If the Employer is unable to find qualified members of the Union to perform its

work, they may hire such qualified employees from whatever source, subject to

the following conditions:

(a) The Employer will advise the Union in writing within twenty-four (24) hours

of hire of the name, classification and contact information of all new

employees together with the project name and location at which the

employee will be working;

(b) New employees hired under this provision shall be subject to a two (2) week

probationary period. During this period no grievance shall be filed if they are

discharged from employment unless it is alleged that the discharge was

arbitrary, discriminatory or in bad faith;

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(c) It is understood that a probationary employee is not required to become a

member of the Union until he has completed the probationary period. If and

when the employee has completed the probationary period they shall attend

at and join the Union and thereafter provide the Employer with a copy of

their clearance slip as a condition of continued employment. It is agreed that

probationary employees shall be paid the hourly rate and vacation pay set

out herein. Remittances on behalf of benefits, pension and the other

contributions required by this agreement shall only be paid if the employee

successfully completes the probationary period, and in which case they

shall be retroactive to the date of hire.

2.03 It is understood and agreed that the Employer shall discharge any employee for

violation of this article provided that the Union supplies the Employer in writing

the reason that the employee is not in good standing with the Union. The

Employer shall be saved harmless by the Union for wrongful dismissal charges

under the provision of this article. An employee who is discharged under this

provision does not acquire a right to reinstatement by becoming a member of

the Union in good standing.

2.04 Each employee, when working in a position within the bargaining unit described

in Article 1 above, shall be required as a condition of employment to have his

regular monthly Union dues and any required working dues checked off and the

Union agrees to duly inform the Employer of the amounts of such Union dues

and working dues and any changes in the amounts. The Employer agrees to

make such deductions from the first pay issued to the employees each calendar

month and remit the same to the Union not later than the fifteenth (15th) day of

the following month to the Secretary-Treasurer of the Union. The Employer

shall, when remitting such dues, name the employees and their Social Insurance

Numbers from whose pay such deductions have been made.


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2.05 It is expressly understood and agreed that the Union will save harmless the

Employer or Employers or association from any claim arising pursuant to any

deduction made under this Article.

Employers Working

2.06 No employer or managerial employee shall regularly perform any work of the

bargaining unit.

2.07 Notwithstanding the provisions of Article 2.06 it is agreed that up to two (2)

partners or shareholders of the Employer shall be permitted to perform work

normally performed by members of the bargaining unit provided they become

members of the Union. For such partners or shareholders the Employer shall

make monthly contributions to the Union on their behalf in respect of a minimum

of 140 hours per month, or the hours actually worked, whichever is greater.

ARTICLE 3 - Contracting and Subcontracting

3.01 The Employer shall contract and subcontract work falling within the scope of this

agreement only to contractors or subcontractors who are bound to a collective

agreement with the Union applicable to the contracted or subcontracted work.

3.02 In the event that the Employer is unable to engage an acceptable and

competitive union contractor the Employer shall notify the Union who shall

attempt to find a suitable Union subcontractor and/or contractor within three (3)

business days. In the event that no acceptable and competitive Union

subcontractor and/or contractor can be found, the Employer can then

subcontract the work to such contractors or subcontractors as it deems

appropriate. The Employer agrees that it shall not abuse this provision, and the

Union agrees that it shall be reasonable in assessing the acceptability of a

subcontractor. The Employer shall advise the Union in writing of any work

subcontracted to a non-union subcontractor, including the name of the

contractor, the scope of the work, and the name and location of the project.


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3.03 It shall be a condition of any subcontract let in accordance with Article 3.02 that

the subcontractor shall not further subcontract the work.

ARTICLE 4 - Cross-Over Clause

4.01 Should the Employer perform any work falling within the scope of the collective

agreements with or binding upon the Union and listed in attached "Schedule 8",

then the Employer shall abide by and perform such work in accordance with the

terms and conditions of the applicable collective agreement including, but

without limiting the generality of the foregoing, any terms and conditions thereof

with respect to contracting or subcontracting restrictions.

ARTICLE 5 - Management Rights

5.01 The Union agrees that it is the exclusive function of the Employer to manage its

operations and directs its work forces and without limiting the generality of the

foregoing,

(a) To conduct its business in all respects in accordance with its commitments

and responsibilities, including the right to manage the job, extend, curtail or

cease operations to determine the number of men required and any or all

operations, to determine the times and locations of machines, tools and

equipment to be used and the schedule of production and to maintain order

discipline and efficiency;

(b) To hire, discharge, classify, transfer, promote, demote, layoff, suspend or

otherwise discipline employees provided that a claim by an employee that

has been discharged or disciplined or otherwise dealt with without just cause

shall be the subject to the provisions of the grievance in arbitration

procedure;

(c) To make, alter from time to time, enforce reasonable rules of conduct and

procedure to be observed by the employees.


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5.02 Management rights shall not be exercised in a manner inconsistent with the

express provisions of this agreement or in an unfair, arbitrary, discriminatory or

unreasonable manner.

ARTICLE 6 - Grievance Procedure

6.01 The parties agree that it is important to address complaints and grievances

concerning the interpretation, application or alleged violation of the collective

agreement promptly.

6.02 A grievance shall be presented to the Employer in writing and the parties shall

meet to endeavour to settle the matter within five (5) working days of receipt of

the grievance.

6.03 Non-monetary grievances, including those relating to discharge or discipline,

shall be brought forward within ten (1 0) days of the circumstances giving rise to

the grievance.

6.04 Monetary grievances including grievances dealing with alleged violations of

rates of pay, overtime, vacation pay, must be brought forward at any time within

sixty (60) days after the circumstances giving rise to the grievance become

known.

6.05 Benefits, pension or contribution grievances shall be brought forward within five

(5) months after the circumstances giving rise to the grievances become known

or ought reasonable to have become known to the Union. It is further understood

that the adjustment of such grievances shall be retroactive to the first day of the

alleged violation and the Arbitrator shall not have the jurisdiction to apply any

principal of estoppel or waiver to reduce any amounts earned by the employee

or which should have paid to the Union or any of the trust funds set out in this

agreement.

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ARTICLE 7 ·Arbitration

7.01 Any complaint or grievance that has not been settled may be referred to

arbitration to a single arbitrator at the request of the referring party.

7.02 A grievance shall be referred to arbitration at any time within thirty (30) working

days of the delivery of the grievance to the other party or within thirty (30)

working days of the meeting referred to in Article 6.02, whichever is later, by

written notice of the grieving party to the other party.

7.03 Where the parties have agreed to refer the grievance to a single arbitrator, they

shall select one of the following arbitrators in rotating order: Larry Steinberg,

Jesse Nyman, Eli Gedalof, provided that the arbitrator can schedule a hearing

within thirty (30) days of the referral of the grievance to him, failing which the

parties shall canvass the availability to schedule such a hearing for the next

arbitrator on the list.

7.04 Arbitrators shall not have the power to alter or change any provisions of the

collective agreement or to substitute any new provisions for any existing

provisions or to give any decision inconsistent with the terms and provisions of

this agreement.

7.05 The parties to the agreement shall jointly bear the expense of the arbitrator.

7.06 The Union may refer a grievance to arbitration at any time pursuant to sections

48, 49 or 133 of the Labour Relations Act, 1995.

7.07 The time limits mentioned in the grievance and arbitration procedure shall only

be extended by the written agreement of the parties.

ARTICLE 8 • Business Representative and Steward

8.01 The Business Representative of the Union shall have access to all working

areas during working hours and the Employer shall assist the Union

Representative to obtain a pass to the premises where necessary, but in no

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May 1, 2016 to Apri/30, 2019

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case shall his visits interfere with the progress of the work. When a Business

Representative desires to visit a site he shall first advise the onsite

Superintendent or the onsite representative of the Builder

8.02 The Union may appoint one (1) Steward for up to fifteen (15) employees, and

thereafter one additional steward for up to ten (1 0) additional employees.

Stewards will be appointed from the Employer's employees who have a regular

employment relationship. The Union shall advise the Employer in writing of all

stewards appointed.

8.03 No discrimination shall be shown against any Steward for carrying out his duties

and in no case shall his duties interfere with the progress of his work. Stewards

shall be allowed to carry and use cell phones for Union business.

8.04 The Steward shall be one of the last three (3) employees retained on the project,

provided he is able to perform the available remaining work.

8.05 The Steward will not be excluded from the opportunity to work overtime and will

not be discriminated against with respect to overtime because he is the Steward.

ARTICLE 9 - No Strikes - No Lockouts

9.01 During the term of the collective agreement, there shall be no strikes or lockouts.

ARTICLE 10 -Tools

1 0.01 The Employer shall supply all required tools and equipment and shall maintain

them in good working order. Notwithstanding the above, it is understood that

employees may be required to supply basic hand tools necessary to perform

their work, including but not limited to a hammer, screwdrivers, hand chisels,

and trowels.

10.02 The Employer shall provide a proper, secure and adequate place, securely

locked in which the employees covered by this agreement may store their

clothing and tools.


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10.03 Notwithstanding Article 1 0.02, it is agreed that in the event the employee's tools,

articles and/or personal belongings are stolen or missing the Employer is not

responsible for replacing such items. The Employer shall either advise the

employees of this, or post a notice in the storage room to this effect.

ARTICLE 11 - Safety Sanitation and Shelter

11.01 The Employer shall provide a proper and adequate place of shelter sufficiently

heated with adequate table and seating space in which employees covered by

this agreement may eat their lunch. It is understood and agreed the shelter

provided for eating and the place provided for storing tools must not be one and

the same place. Tools must be stored in a completely separate shack.

11.02 The Employer will use all reasonable efforts to ensure that drinking water, paper

cups, wash-up facilities, paper towels and portable flush toilets are in place on

the jobsite prior to any employees commencing work.

11.03 Every employee shall, as a condition of employment, be required to wear an

approved safety helmet. When the Employer makes mandatory wearing of a

specific helmet it will provide the helmet to all employees at no cost to the

employee.

11.04 Every employee shall as a condition of employment, own and wear suitable

protective footwear and other personal protective equipment required in the

normal course of his duties. Where required, gloves and dust masks will be

provided to employees at the Employer's discretion. The Employer will not be

unreasonable in exercising this discretion.

11.05 When working in a highrise building, it is agreed that no employee will be

assigned to work in a building or on a jobsite where there are no other workers

present. When working in new subdivisions, no employee shall be required or

permitted to work alone, unless the Employer, or the Builder, has onsite

supervision with whom the employee is required to sign in and sign out of the

site.


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11.06 The Employer shall at his own expense furnish to any employee injured in his

employment who is in need of it, immediate conveyance and transportation to a

hospital or to a physician. It is further agreed that an ambulance shall be used

where necessary and possible.

11.07 An employee who is injured during working hours and is required to leave for

treatment or is sent home for such injury, shall receive payment for the

remainder of the shift at their regular rate of pay and shall receive all benefits

for the entire shift.

11.08 If another employee is required to leave the jobsite with the injured employee

to assist him in getting medical attention, he shall be paid his regular wages and

other benefits for any lost time incurred that day.

11.09 The Health and Safety Representative shall be notified immediately of an

accident to an employee.

11 .1 0 It is understood that an employee who suffers a workplace accident shall report

the accident to their supervisor as soon as practicable.

ARTICLE 12 - Payment of Wages

12.01 Wages shall be paid weekly by cash, cheque or direct deposit on the job at the

option of the Employer and shall be accompanied by a slip outlining all hours of

work, overtime hours, hourly rate, deductions for income tax, employment

insurance, pension, and any other statutory deductions and union dues as

deducted. Payday shall be no later than Friday.

12.02 In the case of layoff, all employees shall receive one (1) hour notice in advance

of the layoff, or pay in lieu thereof.

12.03 Whenever employment insurance separation certificate, Ontario health

insurance plan form, vacation pay and statutory holiday pay credits and pay

cheques are not given to employees at the time of termination including layoff,

they shall be sent by the Employer to the employee by registered mail or courier


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to his last known address as soon as possible, and in any event no later than

three (3) days after the next regular pay period.

12.04 An employee who quits shall be paid all outstanding wages by no later than the

next regular working pay period. The outstanding wages shall be available for

pickup no later than noon (12 p.m.) on the Friday of the next pay period. In the

event the employee does not collect the final pay on that Friday, it shall be sent

to the employee by registered mail or couriered to their last known address by

overnight delivery to be sent on the following Tuesday.

ARTICLE 13 - Hourly and Piecework Rates

13.01 There shall be four (4) classifications with respect to hourly employees:

(i) A Foreman/Fore person is an individual whose regular duties include

general supervision.

(ii) A Cement Finisher is an individual whose regular duties include site

layout and cement finishing.

(iii) A Skilled Labourer is an individual who regularly engages in grinding,

chipping and scarifying.

(iv) A General Labourer is an employee whose duties are normally

restricted to chipping, mixing of product, transporting materials, or

site cleanup.

13.02 All hourly employees shall be paid the wage rates set out in Schedule "A"

Wages, including the deduction of union dues and the payment and remittances

for the benefits and contributions described therein, and in Articles 14 and 16.

13.03 The Employer may employ no more than thirty percent (30%) of its workforce

on a piecework production basis. It is agreed that employees paid on a

piecework basis will be treated equally to hourly employees for provisions


May 1, 2016 to Apri/30, 2019

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relating to the delivery of materials, provision of tools, equipment, materials and

supplies, and parking allowances.

13.04 The piecework rate shall be no less than $0.35 per square foot.

13.05 Piecework employees shall be required to provide a union invoice to the

Employer setting out the job location, square footage performed and the names

and the Social Insurance Number/ union membership number of the employees

who performed the work listed on the invoice. The pieceworker shall submit one

invoice per week worked. Where more than one piecework employee is included

on the invoice, the pieceworkers shall specify the percentage of the invoice to

be paid to each pieceworker.

13.06 The Employer shall pay such pieceworker invoices to the piecework employees

on the percentages specified in the invoice by individual cheques, plus HST as

applicable, within seven days of the invoice.

13.07 In addition to the piecework rates set out above, the Employer agrees to pay a

further twenty-one percent (21 %) of the gross amount paid to all pieceworker

employees, which shall be remitted to the Union on behalf of Union working

dues, and the Benefit program outlined in Article 14. In this regard the Employer

shall complete a monthly pieceworker remittance report which shall be provided

to the Union with all required payments by no later than the 15th day of month

following that in which pieceworker invoices have been paid. The Employer shall

list on the Piecework Remittance Report the name of each piecework employee,

along with their Social Insurance Number/ union membership number, and the

amount they were paid that month. Copies of the pieceworker invoices in

respect of such payments shall be attached to the Piecework Remittance

Report.


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13.08

(a) The Employer shall maintain, and pay all premiums associated with,

coverage under the Workplace Safety and Insurance Act, 1997 or any

successor legislation for all hourly and piecework employees.

(b) Article 13.08(a) shall not apply if an Employer requires a piecework

employee to obtain coverage under the Act. In those cases, the Employer

agrees to reimburse the pieceworker the actual cost of all WSIB premiums

paid by the pieceworker for their period of employment, on a pro-rata basis.

The Employer may require a WSIB Clearance Slip from any pieceworker

who is required to provide their own WSIB carriage.

ARTICLE 14- Contributions and Remittances (Hourly)

14.01 The Employer is responsible for the payment of all remittances to the Union

and/or its Trust Funds as outlined in this Agreement with respect to hourly paid

employees and shall further be responsible for remittances to the Union and/or

its Trust Funds for amounts allocated for benefits for pieceworkers.

14.02 With respect to hourly employees the Company agrees to pay, deduct and remit

to the Union and its applicable Trust Funds, such contributions as are

designated by the Union, and at the rate set out in Schedule "A" for all work

performed, with respect to: Health and Welfare Benefits; Labourers' Pension

Fund of Central and Eastern Canada; Pre-Paid Legal Plan; Central and Eastern

Canada Organizing Fund; Retiree Fund; Promo Fund; and, Training Fund.

14.03 The Parties agree that by no later than the fifteenth day (151h) of each month the

Employer shall provide to the Union a duly completed Employer Contribution

Report (Hourly) which shall include the names, Social Insurance Numbers and

union membership numbers of all hourly employees of the Company who

performed work in the preceding month, and the hours worked in that month.

Where the Company did not employ any hourly employees in the preceding

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month, the Company shall submit an Employer Contribution Report (Hourly)

marked "NIL".

14.04 At the same time as providing the Employer Contribution Report (Hourly), the

Employer shall show the calculation for each of the funds, and provide required

payment for each of the funds set out in Schedule A.

14.05 With respect to both hourly and piecework remittances, it is understood that

separate cheques must be provided, as described in the Contribution Report,

for pension contributions; union dues; and all other contributions (including

vacation pay).

14.06 It is agreed that when the Employer accepts a contract which is not directly from

the owner/management company/builder; or the project general contractor; or

from another employer bound to this collective agreement, the Employer shall

pay an additional $1.00 per hour worked, which shall be remitted to the Union

towards the Promotion Fund together with the remittances set out above.

14.07 If there is a dispute about the source of a contract, the burden shall be upon the

Employer to establish that the contract came from the owner/management

company/builder; or the project general contractor; or from another employer

bound to this collective agreement. If this cannot be established, the Employer

shall pay the premium listed above.

14.08 In addition the Employer shall pay all taxes that may arise from payments to any

fund.

ARTICLE 15- Holiday and Vacation Pay (Hourly Employees)

15.01

(a) The parties hereto agree to pay vacation pay into a holiday and vacation

pay fund, known as the "Labourers' International Union of North America,

Local 183 Members' Holiday and Vacation Pay Fund", the terms for which

are set out in a separate Trust Document which is hereby made part of this


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agreement. Vacation pay shall be remitted to the Fund along with the benefit

contributions described in Article 14.

(b) The parties hereto acknowledge that they are familiar with the contents of

the Agreement and Declaration of Trust establishing the said Local 183

Members' Holiday and Vacation Pay Fund and they agree to be bound by

the terms and conditions of the said Agreement and Declaration as if original

parties thereto, and as if the same formed part of this Collective Agreement.

In the event that the terms and conditions of the said Agreement and

Declaration are in any way altered, added to or amended, then the parties

to this collective agreement shall be bound by the same as if original parties

thereto, and as if the same formed part of this collective agreement.

15.02 Vacation with pay for employees shall be paid at the rate of ten percent (1 0%)

of gross earnings. The parties acknowledge that vacation pay is not included in

any wage increase but is ten percent (10%) in addition to any wage increase.

15.03 It is understood and agreed that the portion of vacation with pay over four

percent (4%), is paid lieu of statutory holiday pay.

15.04 It is understood and agreed that vacation pay payments from the Fund to

employees will generally be paid out annually between June 1st and 15th in

each year. It is agreed that the Fund will permit employees to draw out their

vacation pay at other times at the written request of the employee.

ARTICLE 16- Working Dues and Monthly Dues

16.01 The Employer agrees to deduct from the hourly employees' wages, Local 183

working dues in the amount of three percent (3%) of gross wages (excluding

vacation pay) and to remit said working dues to Local 183 not later than the

fifteenth (15th) day of the month following the month for which deductions were

made.


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16.02 The Employer agrees to deduct from the employees' wages on the first payday

of the month, monthly dues in the amount of thirty-four dollars ($34 ), and forward

same to the union not later that the fifteenth (15th) day of the month following

the month for which the deduction is made.

16.03 The Employer agrees to deduct from the employees' wages, OPDC working

dues in the amount of fifteen cents ($0.15) effective May 1, 2015 for each hour

worked and to remit said dues not later than the fifteenth (15th) day of the month

following the month for which the deduction is due.

16.04 The Employer shall use the Welfare Contribution Form for said remittances and

shall note thereon the employees' names, social insurance numbers, and

number of hours worked.

ARTICLE 17 • Hours of Work and Overtime

17.01 The regular hours of work of employees shall be up to forty-six ( 46) hours a

week, Monday to Friday inclusive, up to ten (1 0) hours per day. The Union and

Employer agree that this not a guarantee of hours.

17.02 All work performed in excess of forty-six (46) hours per week, or ten (1 0) hours

per day, shall be paid for at one and one-half (1 %) times the employee's regular

hourly rate.

17.03 One and one-half (1 %) times the regular straight time hourly rate of pay shall

be paid for hours worked on Saturday, and two (2) times the regular straight

time hourly rate for all work on Sunday.

17.04 If the Employer wishes to establish a shift to take place outside of the regular

hours of work it shall advise the Union prior to commencing such work and the

parties will then meet and negotiate in good faith about whether a shift premium

should apply rather than the overtime rates set out in Article 17.02 and 17.03.

This shall not apply to work of less than two (2) weeks in duration.


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ARTICLE 18 - Coffee and Lunch Breaks

18.01 Coffee or work breaks will be recognized on all projects during work hours.

There will be one break in the first half and another in the second half of each

shift. The time of these breaks will be determined by the project superintendent

or job foreman and shall not be less than fifteen (15) minutes duration.

18.02 Employees shall be allowed a one half-hour (1 /2 hr) unpaid lunch break. It is

understood that no employee shall be required to work more than five (5)

consecutive hours without a lunch break. It is understood that the Employer has

the right to determine when employees shall take their lunch break.

ARTICLE 19- Reporting Allowance

19.01 An employee who reports for work at the Employer's jobsite or shop, unless

directed not to report the previous day by his Employer and for whom no work

is available due to reasons other than inclement weather, shall receive a

minimum of two (2) hours pay as reporting time and shall remain at work if

requested to do so by the foreman.

19.02 An employee in the course of his shift is directed by the Employer to wait on the

job or travel from one jobsite to another jobsite shall be paid for such waiting

and travel time.

ARTICLE 20 - Statutory Holidays

20.01 All work performed on the following holidays shall be paid for at double time.

New Year's Day

Good Friday

Dominion Day

Labour Day

Christmas Day

Family Day

Victoria Day

Civic Holiday

Thanksgiving Day

Boxing Day

Any other holiday proclaimed by the Provincial of Federal Government.

L/UNA, Local183 & Self-Levelling Flooring Association Collective Agreement

May 1, 2016 to April30, 2019

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ARTICLE 21 - Parking, Board and Travel Pay

21.01 On all projects the Employer will provide a parking space for employees, or

reimburse employees for the actual parking expenses paid up to fifteen dollars

($15.00) per day for a full working shift. This amount shall be increased to

sixteen dollars ($16.00) on May 1, 2017 and seventeen dollars ($17.00) on

May 1, 2018. If the Employer designates a preapproved parking lot in

reasonable proximity to the job site, the Employee shall only receive the parking

allowance if they park in such preapproved parking locations.

21.02 Parking stubs must be submitted on a weekly basis with the employee time

sheets. If stubs are not submitted in accordance with the above the employee

may not be paid for parking allowance.

21.03 It is understood that employees who are transported to work by the Employer,

or who do not pay for parking, will not be provided a parking allowance.

ARTICLE 22 - Job Notification

22.01 Within two (2) weeks of the ratification of this Collective Agreement, and

thereafter on May 1st and October 1st of each year, each Employer bound to

this Agreement shall notify the Union, in writing on the prescribed form attached

as Appendix B, of each project awarded to the Employer. Such notice shall

include the name of the builder, together with the project name and location.

22.02 Where the Employer intends to perform work on a project not listed in the

Appendix B Notice of Project Start, the Employer shall provide a further notice

to the Union prior to commencing any work on the project.

22.03 The Union will forward copes of the above notices to the Association.

22.04 There shall be no financial penalty the first time an Employer performs work on

a project which has not been the subject of a notice under Article 22.01 or 22.02.

Thereafter, an Employer shall pay as a penalty the sum of five hundred dollars

L/UNA. Local 183 & Self-Levelling Flooring Association Collective Agreement

May 1, 2016 to April30, 2019

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($500.00) for each project of six (6) of more weeks commenced in breach of

Article 22.02 or 22.03. Ten percent (1 0%) of all amounts collected under this

Article shall be given to the Association.

ARTICLE 23 - Delinquencies

23.01 The parties agree that the provisions of this Article will apply to late remittances

for dues, benefits, and contributions owing under this Collective Agreement,

including an industry fund if and when such amounts are included in the

Collective Agreement.

23.02 The late remittance penalty shall be triggered where a party fails to make any

remittance within the time frame specified in the Collective Agreement in either

of the two following situations:

(a) The remittance is made more than two weeks after the date on which it is

due; or

(b) A party has failed, over the duration of the Collective Agreement, to make

remittances on or before the due date (but within two weeks of the due date)

on more than two (2) occasions.

23.03 Where the late remittance is triggered as set out in Article 23.02, the following

shall apply thereafter for the duration of the Collective Agreement in question:

(a) In the event that the remittances are received after the due date, the party

failing to make the remittance shall pay liquidated damages to the other

party at the rate of two (2%) percent per month or a fraction thereof (being

the equivalent of twenty-four (24%) percent per annum calculated monthly

and not in advance) on the gross amount overdue.

(b) Such late payments received will be applied first to arrears of remittances

already owing.


May 1, 2016 to April30, 2019

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(c) The delinquent party shall compensate the other party in full for all costs

associated with the collection of such overdue payments, including any

reasonable legal or reasonable accountant fees incurred and the cost of any

arbitration hearing.

ARTICLE 24 - Maintenance of Existing Rates and Conditions

24.01 No employee shall suffer a reduction in compensation or benefits as a result of

the introduction of this collective agreement.

ARTICLE 25 - No Lesser Agreement

25.01 It is the mutual intention of the parties that this collective agreement is to be

a pattern collective agreement applicable to all employers who perform self

levelling and floor preparation work in OLRB Geographic Areas 8, 9 and

Simcoe County.

25.02 The Union agrees that when it enters into a self-levelling and floor

preparation collective agreement with a new employer it shall use its best

efforts to ensure that the new employer signs a collective agreement

identical to this collective agreement. In any event, the Union agrees that it

will not enter into a collective agreement with any new employer which

contains terms and conditions which are more beneficial to that employer

than are set out in this collective agreement.

ARTICLE 26 - Duration

26.01 The terms of this agreement shall be from May 1, 2016 to April 30, 2019 and

shall continue thereafter unless either party furnishes the other with notice of

termination of, or proposed revision of, this agreement not more than one

hundred and twenty (120) days and not less than thirty (30) days before the

30th day of April, 2019 or in a like period in any third year thereafter.


May 1, 2016 to April30, 2019

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Signed and dated at Toronto, 18th day of October, 2016

FOR THE UNION

Jack Oliveira, Manager Antho

Lui

FOR THE UNION FOR THE ASSOCIATION

~m~< Paul Bailey, Secretary

Sector Co-Ordinator

LIUNA. Loca/183 & Self-Levelling Flooring Association Collective Agreement

May 1, 2016 to Apri/30, 2019

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SCHEDULE A- Wages, Contributions and Deductions

Pay and Contributions Employee Deductions

Classification 0 m ::r: ~ - < r ~ -n ;;o "'0 --! r "'0 0 -n "'0 "'0 --! 0 < 0 Employer ~~ 0 o ~_Q) g('l) c~ CD @~CD m ca wg_ ~Cf" -o ro ~ §. '#. a; &1 co ~ 5.. :::;· 51 :r w -o o 5.. 3 ~ ~ ~ ~ o Total Cost

~ ~ - w a --1 ~ ro ~ ~ - ~ 0 o w ~ 0 ~ ;;o ~ g ~ ~ (1) :::J <0 a. "11 • ~ <0

~ -;g 3 (1) ~

Foreman May 17,2016 $27.56 $2.76 $2.49 $0.15 $1 .50 $0.05 $0.01 $0.25 $0.05 34.82 3% $0.15 34.82

May 1, 2017 $28.19 $2.82 $2.49 $0.15 $1.50 $0.05 $0.01 $0.25 $0.05 35.51 3% $0.15 35.51

May 1, 2018 $29.14 $2.91 $2.49 $0.15 $1 .50 $0.05 $0.01 $0.25 $0.05 36.55 3% $0.15 36.55

Cement Finisher May 17, 201 6 $24.54 $2.45 $2.49 $0.15 $1.50 $0.05 $0.01 $0.25 $0.05 31.49 3% $0.15 31.49

May 1, 2017 $25.10 $2.51 $2.49 $0.15 $1.50 $0.05 $0.01 $0.25 $0.05 32.1 2 3% $0.15 32.12

May 1, 2018 $25.96 $2.60 $2.49 $0.15 $1.50 $0.05 $0.01 $0.25 $0.05 33.05 3% $0.15 33.05

Skilled Labourer May 17,2016 $18.48 $1 .85 $2.49 $0.15 $1.50 $0.05 $0.01 $0.25 1 $0.05 24.82 3% $0.15 24.82

May 1, 2017 $18.92 $1.89 $2.49 $0.15 $1.50 $0.05 $0.01 $0.25 $0.05 25.32 3% $0.15 25.32

May 1, 2018 $19.60 $1 .96 $2.49 $0.15 $1 .50 $0.05 $0.01 $0.25 $0.05 26.05 3% $0.15 26.05

General Labourer May 17,2016 $16.46 $1 .65 $2.49 $0.15 $1.50 $0.05 $0.01 $0.25 $0.05 22.60 3% $0.15 22.60

May 1, 2·017 $16.86 $1 .69 $2.49 $0.15 $1 .50 $0.05 $0.01 $0.25 $0.05 23.05 3% $0.15 23.05

May 1, 2018 $17.48 $1.75 $2.49 $0.15 $1 .50 $0,05 $0.01 $0.25 $0.05 23.72 3% $0.15 23.72

~-------------L----------~----~------~-----~-- ~- ---L---~L-----1~------~--------_.------~~--------~

Note: An Industry Fund contribution of $0.02/per hour (Association Members) I $0.50/per hour (non-Association Members) is required

following the establishment of the Association (see Letter of Understanding No. 1 ).

Note*: As per Article 14.06 the amount to be contributed to the Promotion Fund is increased by $1.00/per hour (total $1.05/hour).


May 1, 2016 to Apri/30, 2019

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SCHEDULE B • Cross-Over Agreements

(a) The Apartment Builders Agreement being a collective agreement between the

Metropolitan Toronto Apartment Builders Association and the Universal Workers

Union, and Labourers' International Union of North America, Local 183 ("Local

183")

(b) The Bricklaying Agreement being a collective agreement between the Masonry

Contractors' Association of Toronto Inc. and Masonry Council of Unions Toronto

and Vicinity, which is binding upon Local 183

(c) The Carpentry and Framing Agreement being a collective agreement between

the Residential Framing Contractor's Association of Metropolitan Toronto and

Vicinity Inc. and Local 183

(d) The Concrete and Drain Agreement being a collective agreement between the

Ontario Concrete and Drain Contractors' Association and Local 183

(e) The Heavy Engineering Agreement being a collective agreement between the

Heavy Construction Association of Toronto and Local 183

(f) The High Rise Trim Collective Agreement being a collective agreement between

the Residential Carpentry Contractors' Association of Greater Toronto and Local

183

(g) The House Basements Agreement being a collective agreement the Residential

Low-Rise Forming Contractors' Association and Metropolitan Toronto and Local

183

(h) The House Builders Agreement being a collective agreement between the

Toronto Residential Construction Labour Bureau and Local 183

(i) The Landscaping Agreement for the purposes of soft landscaping only being a

collective agreement between the landscaping Contractors in Ontario Labour

Relations Board Area No. 8 and 18 and Local 183

L/UNA. Loca/183 & Self-Levelling Flooring Association Collective Agreement

May 1, 2016 to Apri/30, 2019

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(j) The Marble, Tile, Terrazzo & Cement Masons Agreement being a collective

agreement between the Residential Tile Contractors' Association and Local 183

(k) The Agreement Covering Building Restorations and Associated Work being

a Collective agreement between the Building Restorations and Associated Work

Contractors in Ontario Labour Relations Board Area No. 8 and Local 183

(I) The Roads Agreement being a collective agreement between the Toronto Are

Road Builders' Association and A Council of Trade Unions acting as the

representative and agent of Local 183 and Teamsters' Local Union 230.

(m) The Sewer and Watermain Agreement being a collective agreement between

the Greater Toronto Sewer and Watermain Contractors' Association and A Council

of Trade Unions acting as the representative and agent of Local 183 and

Teamsters Local Union 230

(n) The Utilities Agreement being a collective agreement between the Utility

Contractors' Association of Ontario and Labourers' International Union of North

America, Ontario Provincial District Council and its affiliated Local Unions.

(o) The Forming Agreement being a Collective Agreement between the Ontario

Formwork Association and the Formwork Council of Ontario.


May 1, 2016 to Apri/30, 2019

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LETTER OF UNDERSTANDING NO. 1

Between:

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183

-and-


RE: Industry Fund

WHEREAS the Employers negotiating this agreement intend it to become a pattern

collective agreement and to have an employers association represent them in future

collective bargaining;

AND WHEREAS the parties have agreed that each employer performing work under this

collective agreement shall make an hourly contribution to an Industry Fund;

NOW THEREFORE the Union agrees that it shall collect the Industry Fund contributions

and hold them in trust as set out herein:

1. The Union will recognize an employer association once that Association has

advised in writing that at least three (3) companies bound to this collective

agreement have joined the Association and have vested the Association with

authority to be their bargaining agent, including the bargaining of any renewal

collective agreement. The Association will advise the Union of which companies it

represents, and thereafter will advise of any new company which becomes a

member of the Association and for which it is the bargaining agent.

2. The Association will be required to sign the standard contract agreement with

Benefit Plan Administrators (BPA) with respect to the collection and remittance of

the Industry Fund amounts.


May 1, 2016 to April 30, 2019

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3. Upon the establishment of employer association the Employer agrees to pay, and

the Union agrees to collect an Industry Fund contribution. The Industry Fund shall

be two cents ($0.02) per man hour worked for all Association members, and fifty

cents ($0.50) per man hour worked for employers who are not Association

members.

4. The Association shall have the right to increase or decrease the Industry Fund

during the term of this Agreement. Such increases shall be effective thirty (30)

days after the Association has advised each company bound this Agreement of

the new industry fund amounts, and confirmed such notice to the Union in writing.

Signed and dated at Toronto, 181h day of October, 2016

For the Union

Luis Camara Secretary Treasurer

Armando Camara Sector Co-Ordinator


May 1, 2016 to April30, 2019

Anthon Marano President

Paul Bailey Secretary

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APPENDIX A

List of Signatory Contractors

1249762 Ontario Inc. o/a Mega City Tiling

Arthur's Concrete Cutting & Core Drilling

Dural Flooring Ltd.

Even Floor Inc.

Floor Solutions Inc.

Ground Floor Industries Inc.

Hi Rise Inc.

IND Inc.

North Star Cement Finish Inc.

RER Construction Services Inc.

R. Sirro Cement Finishing & Stucco Ltd.

Sirro Brothers Cement Finishing & Spray Ltd.

Speciality Concrete Floors

Tek Cement Flooring Systems Inc.

Toronto Concrete Floors/Toronto Concrete (Restoration)


May 1, 2016 to Apri/3.0, 2019

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APPENDIX B

A lOC Self Leveling: Notice of Project Starts

J"tllHf ,JI llltOIIJIIJfiOI

Dale

Contractor

Tolophono : F:lr<:

.JOb Srt~ f.x:fttul.:;

Buldor I D011olopcr

PrOJect Localron

Buldcr I Dovclopcr:

PrOJecl L ocal1011

Buildor I O.volopor

PrOJect LocaiiOil:

Buddor I O.Votopor:

PrOJect Localron

Bu~dor I O.Velopcr

Projoct Localioo

Bu~dor I Dcvolopcr

PrOJect L ocalioo

Budder I Dcvotopcr

Project L ocalicr1 - -Blr~dor I Developer

PrOJect L ocalron

-- --


May 1, 2016 to April 30, 2019

Slar!Dalo:

Mlrnicipolrfy

St:vtDalo:

Mlrnrc1palrfy

Start Dato

M.rnrcipalrfy:

Start Dato

Munrcrpalrty

Start Dale

Murocipalrfy

Start Data

Municipaldy -Start Dole

Municipatay ----Start Datu

l•krn~rp.trty

·-

E&O.E

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