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CCOOLLLLEECCTTIIVVEE AAGGRREEEEMMEENNTT

BETWEEN:

FFIISSHHEERR WWAAVVYY IINNCC..

its successors and assigns, hereinafter called "the Employer" or "the Company"

The Parties of the First Part

- and -

UUNNIITTEEDD SSTTEEEELLWWOORRKKEERRSS (United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied

Industrial and Service Workers International Union)

hereinafter called "the Union" The Party of the Second Part

2006 - 2009

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Fisher Wavy Inc. and USW (2006-09 Agreement)

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ARTICLE 1 - PURPOSE OF AGREEMENT .........................................................1 ARTICLE 2 - UNION RECOGNITION ..................................................................1 ARTICLE 3 - NO DISCRIMINATION ....................................................................1 ARTICLE 4 - STRIKES AND LOCK-OUTS..........................................................1 ARTICLE 5 - MANAGEMENT GRIEVANCES......................................................2 ARTICLE 6 - MANAGEMENT ..............................................................................2 ARTICLE 7 - UNION SECURITY..........................................................................2 ARTICLE 8 - GRIEVANCE AND ARBITRATION PROCEDURES ......................3 ARTICLE 9 - UNION REPRESENTATIVES .........................................................4 ARTICLE 10 - DISCHARGE AND DISCIPLINARY PROCEDURES....................5 ARTICLE 11 - SENIORITY ...................................................................................5 ARTICLE 12 - LEAVE OF ABSENCE ..................................................................7 ARTICLE 13 - SAFETY AND HEALTH ................................................................8 ARTICLE 14 - BULLETIN BOARDS ..................................................................10 ARTICLE 15 - COPIES OF AGREEMENT .........................................................10 ARTICLE 16 - DISABLED EMPLOYEES...........................................................11 ARTICLE 17 - HOURS OF WORK AND OVERTIME.........................................11 ARTICLE 18 - OVERTIME .................................................................................12 ARTICLE 19 - PAID HOLIDAYS ........................................................................12 ARTICLE 20 - VACATIONS WITH PAY.............................................................13 ARTICLE 21 - TEMPORARY TRANSFERS ......................................................13 ARTICLE 22 - REPORTING ALLOWANCE.......................................................14 ARTICLE 23 - CALL-OUT PAY..........................................................................14 ARTICLE 24 - TRANSPORTATION AND TOOL ALLOWANCE .......................14 ARTICLE 25 - BEREAVEMENT PAY ................................................................14 ARTICLE 26 - JURY DUTY ................................................................................15 ARTICLE 27 - CHRISTMAS GIFT......................................................................15 ARTICLE 28 - INSURANCE WELFARE PROGRAM.........................................15 ARTICLE 29 - WAGES.......................................................................................16 ARTICLE 30 - NEGOTIATING COMMITTEE .....................................................17 ARTICLE 31 - DURATION OF AGREEMENT....................................................18 SCHEDULE A.....................................................................................................19

Wage Rates and Classifications .......................................................................... 19 SCHEDULE B.....................................................................................................20

Pre-cast Pay Schedule and Conditions ............................................................. 20 LETTERS OF UNDERSTANDING .....................................................................21 #1 - CLASSIFICATIONS ....................................................................................21 #2 - CONTRACTING-OUT/BULK TRUCKING...................................................22 #3 - DRUG PLAN ...............................................................................................23 #4 - MEDICAL CERTIFICATE............................................................................24 #5 - SHUT-DOWN ELIGIBILITY.........................................................................25 #6 - WEEKLY INDEMNITY.................................................................................26 #7 - YEARLY BONUS PLAN..............................................................................27 #8 - FISHER HABOUR/DINNER POINT DEPOT ...............................................28 #9 - BULK HAUL SENIORITY LIST...................................................................29


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#10 - WORK PERFORMED ON HWY 69 S .......................................................30 #11 EXCESS HOURS ........................................................................................31


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ARTICLE 1 - PURPOSE OF AGREEMENT 1.01 The parties agree that it is mutually beneficial and desirable to arrange and maintain fair and equitable earnings, labour standards, wage rates, and working conditions; to protect the safety and health of employees; to provide a method for the adjustment of disputes which may arise between the parties; to secure prompt disposition of grievances; to eliminate interruption of work and interference with efficient operations of the Company's business for the said employees; all as set forth in this Agreement.

ARTICLE 2 - UNION RECOGNITION 2.01 The Employer recognizes the Union as the sole collective bargaining agency for all of its employees employed at or working out of the District of Sudbury and working at Fisher Harbour, including Dinner Point Depot (as defined in Letter of Understanding), save and except foremen, persons above the rank of foreman, office and sales staff. 2.02 Should a dispute arise concerning whether a particular person comes within the bargaining unit covered by this Agreement, the matter may be submitted by either party to the Ontario Labour Relations Board for decision. The Board will be asked to ascertain whether that person is an employee within the meaning of the Labour Relations Act. If the Board decides in the affirmative, the employees will be placed in the bargaining unit. 2.03 An employee whose job is not in the bargaining unit shall not work on any job which is included in the bargaining unit, except for the purposes of instruction or experimenting, or in emergencies, or when a qualified employee in the bargaining unit is not available. 2.04 In the event that a new classification should be created during the life of this Agreement, the Union and the Company shall meet within fifteen (15) days for the purpose of establishing a proper rate for such classification. Failing a mutually satisfactory agreement, the Company will establish a new rate and then either party may refer the matter to arbitration according to the procedure defined in Article 8. In the event the matter goes to arbitration, the arbitrator shall confine his ruling on the rates consistent with the hourly rates in the Agreement. 2.05 No regular employee shall be laid off as a result of any work normally performed by employees in the bargaining unit being contracted out or sub-contracted out by the Employer.

ARTICLE 3 - NO DISCRIMINATION 3.01 The Employer and the Union agree that there shall be no discrimination against any employee because of race, creed, colour, age, sex, nationality, ancestry, place of origin, ethnic origin, citizenship, marital status, family status, disability, and Union membership or Union activity.

ARTICLE 4 - STRIKES AND LOCK-OUTS 4.01 While this Collective Agreement is in operation, no employee bound by this Agreement shall strike or participate in any work stoppages, sit-downs or slow-downs and no Employer bound by his Agreement shall lock out such an employee.


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4.02 The Employer agrees that no employee in the bargaining unit will be required to cross a lawful strike picket line or lawful lock-out as defined by the Labour Relations Act of Ontario, except in necessary cases where agreed upon between the Company and the Union.

ARTICLE 5 - MANAGEMENT GRIEVANCES 5.01 Any grievance instituted by management may be referred in writing to the Union within ten (10) full working days of the occurrence of the circumstances giving rise to the grievance and the Union shall meet within ten (10) working days thereafter with management and consider the grievance. Final settlement of the grievance may be referred to arbitration as provided in Article 8 any time within ten (10) calendar days, but not thereafter.

ARTICLE 6 - MANAGEMENT 6.01 Nothing in this Agreement shall be deemed to restrict the Company in any way in the performance of all functions of management, except those specifically modified by this Agreement or to formulate, enforce and alter, from time to time, such rules for the conduct of the business as it considers necessary, provided such rules are not contrary to the provisions of this Agreement. 6.02 The Union recognizes the right of the Company to: 1) Maintain order, discipline and efficiency. 2) Contract and sub-contract, hire, rehire, discharge, transfer, classify, promote, demote or discipline employees, provided that a claim of discriminatory classification, promotion, demotion or transfer, or a claim that an employee has been discharged or disciplined without a reasonable cause may be the subject of a grievance and dealt with as hereinafter provided. 3) Generally, to manage the industrial enterprise in which the Company is engaged and without restricting the generality of the foregoing, to determine the number and location of plants, and establish standards which are not inconsistent with the terms of this Agreement, of quality and quantity for all equipment, operations and employees. 6.03 The Employer shall not exercise its rights to direct the working force in a discriminatory, inequitable or unfair manner.

ARTICLE 7 - UNION SECURITY 7.01 It shall be a condition of employment that every new, rehired or recalled employee shall pay union dues, initiation fees and assessments to be currently in effect under the Union's Constitution. 7.02 a) The Company shall deduct from the pay of each member of the bargaining unit, bi-weekly, such union dues, fees and assessments as prescribed by the Constitution of the Union.


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b) The Company shall remit the amount so deducted prior to the fifteenth (15th) day of the month following by cheque as directed by the Toronto Area Office, payable to the International Treasurer. c) The monthly remittance shall be accompanied by a statement showing the name of each employee from whose pay deductions have been made and the total amount deducted for the month. Such statements shall also list the names of the employees from whom no deductions have been made and the reasons why, along with any forms required by the International Union. d) The Union agrees to indemnify and save the Company harmless against all claims or other forms of liability that may arise out of or by reason of deductions made, or payments made in accordance with this Article. e) The Company agrees to record total union dues deductions paid by each employee on his/her T4 Income Tax receipt. 7.03 Each new employee shall be advised by his foreman as to whom his appropriate steward is as soon as possible after he is hired.

ARTICLE 8 - GRIEVANCE AND ARBITRATION PROCEDURES 8.01 Step One Any employee and/or his committeeman must discuss any grievance with the immediate supervisor within five (5) working days of the occurrence of the circumstances giving rise to the grievance. The supervisor shall state his decision to the employee and/or his committeeman within five (5) working days or at any later time mutually agreed upon. 8.02 Step Two If the matter is not satisfactorily settled at Step One, it may be submitted in writing to the plant manager within seven (7) days of the answer from Step One. The plant manager or his designated representative shall, within seven (7) days of the submission of the grievance to him, hold a meeting with the Union Grievance Committee who may be accompanied by a staff representative of the International Union. The plant manager shall, within seven (7) days of such meeting or at a time agreed upon, state his decision in writing to the staff representative of the International Union, with a copy to the chairman of the Union Grievance Committee. 8.03 If the Employer is alleged to have violated any provisions of this Agreement and such violation: 1) affects more than one (1) employee; or 2) affects the interests of the Union as a party to this Agreement; the Union may initiate, sign and process the statement of the grievance on behalf of the aggrieved employees or the Union, as the case may be, within ten (10) days of the occurrence of the circumstances giving rise to the grievance.


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8.04 Step Three - Arbitration Where a grievance is not settled under the preceding section of this Article or where there is an unresolved question as to whether or not a matter is arbitrable, either of the parties may notify the other party in writing within fourteen (14) days of the answer at Step Two of its desire to submit the grievance or question to arbitration. 8.05 a) The arbitration procedure incorporated in the Agreement shall be based on the use of a single arbitrator. b) When either party refers a grievance to arbitration, they shall propose three (3) acceptable arbitrators. If none of the proposed arbitrators are acceptable to the other party, they shall propose three (3) arbitrators. If an acceptable arbitrator is not agreed upon, the parties may either submit more proposed arbitrators or request the Ministry of Labour to appoint an arbitrator. c) Except where otherwise provided for in this Agreement, each of the parties hereto will bear its own expense with respect to any arbitration proceedings. The parties hereto will bear jointly the expense of the arbitrator on an equal basis. d) No matter may be submitted to arbitration which has not first been properly carried through all preceding steps of the grievance procedure. e) The arbitrator shall not be authorized nor shall the arbitrator assume authority to alter, modify or amend any part of this Agreement, nor to make any decision inconsistent with the provisions thereof, or to deal with any matter not covered by this Agreement. f) The decision of the arbitrator shall be final and binding on the parties. g) The arbitrator shall have the right to modify any discipline and discharge grievance presented to him/her. 8.06 Should the Employer fail to adhere to the time limits at any step of the grievance procedure except the arbitration process, the grievance will be considered as won by the grievor, grievors or the Union, as the case may be. 8.07 Saturdays, Sundays and holidays shall not be counted in determining the time within which any action is to be taken under the provisions of this Article. Any and all time limits fixed for the taking of action by either party or by an employee may, at any time, be extended by mutual agreement of the Company and the Union. 8.08 For purposes of discharge only, this grievance and arbitration procedure shall not apply to new employees until they have completed the probationary period.

ARTICLE 9 - UNION REPRESENTATIVES 9.01 If a staff or other authorized union representative who is not employed by the Employer wants to speak to local union representatives in the plant about a grievance (or other


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official Union business), he shall advise the management who shall then call the local union representative to a suitable location where they may confer privately. These talks will be arranged so that they will not needlessly interfere with production. 9.02 The Union will notify the Employer in writing of the names of its committeemen, stewards and delegates. There shall be one (1) steward for Wavy Industries, one (1) steward for Fisher Block, one (1) steward for Fisher Construction and one (1) steward for Fisher Harbour, (as defined in Letter of Understanding). When there is an increase to over forty (40) full-time employees in any one division, there shall be a second steward for that division. For the purpose of meeting with the management representatives, the Grievance Committee may consist of the grievor, his steward or the chairperson, plus a staff representative or representatives of the International Union. Members of the Grievance Committee will not lose pay for time spent during regularly scheduled working hours for attending meetings with management representatives. 9.03 When the legitimate business of a committeeman or steward requires him to leave his job or department, he shall first receive permission from his foreman or department supervisor which permission shall not be unreasonably withheld. He shall not suffer loss of pay for reasonable time spent in the performance of these duties during his regular working hours, and he will code this time separately. This clause does not apply to negotiating and bargaining with the Company.

ARTICLE 10 - DISCHARGE AND DISCIPLINARY PROCEDURES 10.01 Management shall not take disciplinary action without first warning the employee unless the circumstances justify immediate discipline or discharge. Warnings shall be given in writing and a copy to the steward. All penalties will be removed from an employee's record after two (2) years. An employee shall be spoken to before receiving a warning to determine the facts are accurate. 10.02 The Employer shall not discharge unjustly or unreasonably. In the event of a claim that an employee has been discharged unjustly or unreasonably, the grievance shall be filed at step two of the grievance procedure within ten (10) working days of the imposition of the penalty. Such grievance may be settled under the grievance and arbitration procedures by: 1) rescinding the penalty; or 2) reducing the penalty to such lesser form as is considered just and equitable by the parties; or 3) upholding the penalty. 10.03 Employees are expected to have read and understood the Rules and Regulations Governing the Conduct of Employees.

ARTICLE 11 - SENIORITY 11.01 The parties recognize that job opportunity and security shall increase in proportion to length of service. It is; therefore, agreed that in all cases of a vacancy, promotion,


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transfer, training, lay-off and recall after lay-off, senior employees shall be entitled to preference. In cases of transfer, the employee must agree to such transfer. 11.02 In recognition; however, of the responsibility of management for the efficient operation of the plant, it is understood and agreed that, in any case, referred to in section 11.01, management shall have the right to pass over any employee if it establishes that he does not have the ability and skill to perform the normal requirements of the job. 11.03 Seniority of each employee covered by this Agreement shall be established after a probationary period of seventy-five (75) working days at work and shall count from date of employment. Seniority shall be maintained and accumulated during: 1) Absence due to a twelve (12) consecutive month lay-off or as provided in section 11.04 (3). 2) Authorized leave of absence, sickness or accident. 11.04 An employee shall lose his seniority standing and his name shall be removed from all seniority lists for any of the following reasons: 1) If the employee voluntarily quits. 2) If the employee is discharged for just and reasonable cause and is not reinstated in accordance with the provisions of this Agreement. 3) If the employee is laid off and fails to return to work within five (5) days excluding Saturdays, Sundays and holidays after he has been notified to do so by the Employer by registered mail to his last known address (a copy of which notice shall be sent to the Union if requested). However, should the registered letter not be delivered in the ordinary course of mail through no fault of the employee, the five (5) days period will commence only after the employee has become aware of his recall. The employee must notify the Employer by registered mail of any changes in address. 4) If the employee with less than five (5) years' seniority has been on lay-off for lack of work for a period of more than twelve (12) consecutive months. a) If the employee with five (5) years' seniority or more has been on lay-off for lack of work for a period of more than twenty-four (24) consecutive months. 11.05 Seniority Lists Seniority, as referred to in this Agreement, shall mean length of continuous service in the employ of the Company and shall be on a department basis. Separate seniority lists will be established for the following departments: Wavy Industries, Fisher Construction, Fisher Block Division, Fisher Harbour (as defined in Letter of Understanding) and Bulk Haul. The Employer shall maintain these lists which shall state the seniority date of each employee. Every six (6) months, the lists shall be revised and copies posted on the


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plant bulletin boards for the employees' inspection. The Union shall also be provided with copies. 11.06 In the event of a lay-off exceeding five (5) days or more, employees with one (1) year or more of seniority shall be given one (1) week's notice in advance or one (1) week's pay in lieu of notice at his appropriate rate of pay. Employees with less than one (1) year of seniority shall be given twenty-four (24) hours' notice in advance or one (1) day's pay in lieu of notice at his appropriate rate of pay. No person shall be laid off without finishing the week in which he is given the notice of lay-off. 11.07 Part-time Employees Seniority shall be maintained and accumulated during: a) For all purposes listed in Article 11.01, part-time employees shall not have seniority preference over full-time employees. b) A part-time employee is defined as one who has not worked in excess of twenty- four (24) hours per week for a period of twelve (12) weeks or who has employment with another company. c) Employees classified as part-time employees are not entitled to any benefits listed in Article 28. d) Employees classified as part-time employees will have their own seniority list. e) If a part-time employee is transferred to a full-time position, he will be put at the bottom of the full-time seniority list and at that time will begin to acquire full-time seniority.

ARTICLE 12 - LEAVE OF ABSENCE 12.01 An employee shall be allowed a reasonable leave of absence without pay for personal reasons if: 1) he requests it in writing from the management; and 2) the leave is for a good reason. 12.02 A leave of absence shall be extended for an additional period if there is a good reason. The employee must request the extension in writing prior to the expiration of his original leave. 12.03 The Union will be notified in writing of all leaves granted under this section upon request of the Union.


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12.04 Leave to Attend to Union Business A maximum of three (3) employees who have been elected or appointed by the Union to attend union conventions or other business of the Union shall be granted a leave of absence for a period of up to ten (10) consecutive days for each employee without pay for this purpose, provided; however, the Employer does not have to hire or retain a replacement and that it does not interfere unduly with operations. The Union will inform the Employer of the name of the employees. 12.05 Failure to Return from Leave Every leave of absence shall be authorized in writing and such leave shall not affect any employee's seniority rights when used for the purpose granted, provided he returns to work at the expiration of the authorized leave unless he notifies the Company prior to the expiration of his original leave that he cannot return to work because of illness or accident and is under the care of a medical practitioner and when he is able to return to work, he returns with a medical certificate. In any event, employees will lose their seniority if they take any employment elsewhere while on leave of absence.

ARTICLE 13 - SAFETY AND HEALTH 13.01 Objective The Company agrees to make every reasonable effort to provide and maintain a safe and healthy work environment as established by acceptable industry standards and in compliance with the Occupational Health and Safety Act and its regulations (the Act). The Union agrees to assist the Company in maintaining a safe and healthy work environment. The Employer and the employees are responsible for complying with the Act and both parties have a role to play in ensuring safety objectives are met. Safe working practices must be observed by both parties. Appropriate personal protective equipment, as required by the Company or law, must be worn by employees in all designated areas and worksites. 13.02 Clothing Allowance and Safety Equipment The Company will honour the past practice of supplying safety apparel to employees. The Company agrees to supply employees with all necessary work clothing and personal safety wearing apparel at wholesale cost to employees and this cost shall be deducted from the employee's pay. The Company agrees to provide, at no cost to employees, all other necessary safety equipment required under the appropriate Acts for the Province of Ontario. For the ready-mix, bulk cement truck drivers and Fisher Block drivers, two (2) sets of uniforms will be supplied per year, fifty per cent (50%) paid by the Company and fifty per cent (50%) paid by the employee. It is agreed and understood that the wearing of uniforms shall be a condition of employment. One (1) uniform includes two (2) pairs of pants, two (2) shirts and one (1) jacket. Two (2) pairs of coveralls, per year, will be provided to all employees.


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a) The Company will provide, at no cost to the tradesmen in the Fisher Garage, Wavy Garage and Block Plant, two (2) pairs of coveralls per week. The Company will also pay for the dry cleaning. b) Management will supply, at no cost to the employee, the following P.P.E.: Clear safety glasses Hard hats Hearing protection Vests Gloves Replacement of the above will be as per Article 13.09. The Company will supply, at no cost to the drivers, two (2) pairs of coveralls per week as long as their circle checks are done as instructed. The Company will also pay for the dry cleaning. 13.03 The Union shall be allowed to name one (1) safety and health committeeman for each of the following departments: Wavy Industries, Fisher Construction, Fisher Block Division and Fisher Harbour (as defined in Letter of Understanding). If this is lesser than the minimum standards of the Provincial Act, then the standards of the Provincial Act shall apply. 13.04 The Union safety and health committeeman shall have the right to discuss matters dealing with safety and health conditions with management. These discussions will take place once per month, if requested by the Union Safety and Health Committee, during regular working hours in each of the departments as listed under section 13.03. These meetings will take place at the committeeman's work site and at a time mutually agreeable to both parties. The committeeman may have the assistance of other Union representatives at any of these meetings if he so desires. These other Union representatives attending the meeting will be paid for time spent in these safety meetings. The Company will supply the Union with a copy of the minutes of all such meetings. 13.05 Safety and Health Disputes No employees shall be required to work under conditions which are unsafe or unhealthy. An employee who reasonably believes that he is being required to work under conditions that are unsafe or unhealthy shall have the right to: a) notify his immediate supervisor; b) relief from the job for so long as the unsafe and unhealthy conditions exist and at management's discretion, assignment to such other employment as may be available in the plant provided; however, that no employee, other than communicating the facts relating to the safety of the job, shall take any steps to prevent another employee from working on the job. In all cases, the steward must agree to these decisions; c) refer the matter to the appropriate safety inspector to render a decision.


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13.06 Injured Employees When an employee is injured in the plant and the examining physician orders the employee not to work, he shall be paid at his appropriate rate of pay for the remainder of the day on which he was injured. Where the examining physician states that the injured employee is able to return to work on the same day, the employee shall be paid his appropriate rate of pay for the total time lost as a result of the injury. The Employer shall also pay for any transportation required. 13.07 Upon written request of the employee, the Company shall furnish the Union with a copy of his WSIB Employer's Report of Accidental Injury (Form 7). The Union will assist the worker to complete the WSIB Worker's Report of Accidental Injury (Form 6), if requested by the worker. 13.08 Safety Boot Allowance As of November 1st each year, the Company will provide a safety boot allowance for each employee that is currently at work with six (6) months' or more seniority on a fifty- fifty (50-50) cost-sharing basis to a maximum contribution by the Company of one hundred and ten dollars ($110) for 2006, one hundred and fifteen dollars ($115) for 2007, and one hundred and twenty dollars ($120) for 2008. This allowance shall be credited on behalf of each employee with a supplier of the Company's choice. When orthopedic footwear is required, the Company will pay fifty per cent (50%) of the cost, up to fifty dollars ($50) per year. 13.09 The old/worn personal safety apparel item must be returned before the Company will issue a replacement. Employees are responsible for items that are lost or stolen. Each employee will be provided with a full-size stand-up locker within thirty (30) days of ratification of this Agreement. The employee will provide the lock.

ARTICLE 14 - BULLETIN BOARDS 14.01 The Employer agrees to provide the Union with bulletin boards for the purpose of posting Union notices and official papers at the following locations: Wavy garage, Dry-Pac plant, Dry-Pac garage, Fisher Block plant, and Fisher Harbour (as defined in Letter of Understanding). Notices will be posted only by Union representatives and will be submitted to management for approval before posting, and will be in keeping with the spirit and intent of this Agreement.

ARTICLE 15 - COPIES OF AGREEMENT 15.01 The Employer and the Union desire every employee to be familiar with the provisions of this Agreement and his rights and duties under it. For this reason, the Employer and the Union shall print the Agreement and each pay fifty per cent (50%) of the cost thereof and the Union will give a copy to each employee. 15.02 Upon ratification of the Collective Agreement, the document will be signed off within thirty (30) working days and all employees will have a copy within ninety (90) working days from that sign off.


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ARTICLE 16 - DISABLED EMPLOYEES 16.01 In the event of an employee sustaining injuries at work or becoming affected by occupational disease during the course of his employment and becoming physically disabled as a result thereof, every effort shall be made by the Employer to give the disabled employee such suitable employment as is available.

ARTICLE 17 - HOURS OF WORK AND OVERTIME 17.01 The following paragraphs and sections are intended to define normal hours of work and shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. The Company will pay employees, covered by this Agreement, on a bi-weekly basis. The hold-back on wages will be one (1) week. The Company guarantees that employees' pay will be in the bank by 9:00 a.m. on Fridays. In the case of Company error resulting in an individual being short-paid in excess of five (5) hours or three (3) overtime hours), the Company will remedy the situation within three (3) business days. Employee's failure to return properly completed and signed copies of delivery/time records may result in payroll discrepancies and further payroll processing delays. The Union will be notified of any timesheet discrepancies within three (3) business days. 17.02 a) The basic work week shall consist of forty-four (44) hours. b) Employees will only work in excess of nine (9) hours per day or forty-four (44) hours per week if they choose to do so. 17.03 Overtime at the rate of time and one-half (1 1/2) the employee's regular hourly rate shall be paid for all work performed: a) On Sundays. b) In excess of forty-four (44) hours per week. c) In excess of ten (10) hours in a day. 17.04 Overtime premiums shall not be paid more than once for any hour worked and there shall be no pyramiding of overtime. 17.05 There shall be one (1) fifteen (15) minute rest period in the first half of each shift and one (1) fifteen (15) minute rest period in the second half of each shift at a time convenient to the Company.


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17.06 Lunch Periods a) Every employee shall be allowed a half hour eating period without pay, at the discretion of the supervisor, for every five (5) consecutive hours of work. b) Employees required to work overtime beyond a nine (9) hour shift will be provided with a ten dollar ($10) meal allowance by the Company and will be allowed a half hour without pay. c) Employees required to work overtime beyond a fourteen and one-half (14 1/2) hour shift will be provided with an additional ten dollar ($10) meal allowance.

ARTICLE 18 - OVERTIME 18.01 The Employer shall give notice of overtime as far in advance as is practical. Overtime work shall be equitably distributed among those normally performing the work.

ARTICLE 19 - PAID HOLIDAYS 19.01 The following paid holidays, regardless of when they fall, will be granted with pay to all employees: New Year's Day Labour Day Good Friday Thanksgiving Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday Three (3) floating holidays shall be granted during the life of the Agreement on a day(s) to be agreed upon between the operations manager of the division and each employee. The floating holidays can be taken consecutively. No carry-over into subsequent collective agreements. Payment for such holidays shall be based on the employee's regular hourly rate multiplied by eight (8) hours (nine (9) hours for the employees who regularly work a nine (9) or more hour schedule). When any of the said holidays fall on other than a regular working day, then the Company may either designate some other day as the day upon which the said holiday will be celebrated or pay the employees who qualify for payment for the said holiday as though it had fallen on a regular working day, whichever the Company prefers. 19.02 In order to be entitled to payment for a paid holiday, an employee must have worked his regular working day within five (5) days immediately preceding the holiday and his regular working day within five (5) days immediately following the holiday. An employee will only be disqualified for payment of a holiday if he is on a leave of absence under section 12.01(1) and/or (2). 19.03 If an employee works on one of the above-named paid holidays, he shall receive payment at time and one-half (1 1/2) for the hours actually worked by him, in addition to receiving his holiday pay.


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19.04 When one of the above-named holidays falls during an employee's approved vacation period, he shall be allowed an extra day's vacation with pay or an extra day's pay at the option of the Company. 19.05 Except where the employee's regular day off occurs on a recognized holiday, when an employee is entitled to be paid for a recognized holiday not worked, the time so paid shall be considered time worked at this applicable hourly rate; but for the purpose only of determining entitlement to the overtime rate for any other time actually worked by him.

ARTICLE 20 - VACATIONS WITH PAY 20.01 Each employee shall be entitled to an annual vacation with pay in accordance with the employee's length of service as specified in this Article. 20.02 All employees who have acquired one (1) year's seniority with the Company in any year shall receive two (2) weeks' vacation with pay. Vacation pay shall be four per cent (4%) of such employee's total earnings, as defined in the Employment Standards Act. 20.03 All employees who have acquired six (6) years' seniority with the Company in any year shall receive three (3) weeks' vacation with pay. Vacation pay shall be six per cent (6%) of such employee's total earnings, as defined in the Employment Standards Act. 20.04 All employees who have acquired thirteen (13) years' seniority with the Company in any year shall receive four (4) weeks' vacation with pay. Vacation pay shall be eight per cent (8%) of such employee's total earnings, as defined in the Employment Standards Act. 20.05 All employees who have acquired twenty-five (25) years' seniority with the Company in any year shall receive five (5) weeks' vacation with pay. Vacation pay shall be ten per cent (10%) of such employee's total earnings, as defined in the Employment Standards Act. 20.06 Senior employees, in keeping with the efficient operations of the Company, shall be granted preference to vacation time. The Company shall endeavour during the months of June, July, August, September, October, and November, subject to operational requirements and based on seniority, allocate vacation for two (2) consecutive week periods. The maximum number of employees to be off in any one (1) division at any one time shall not exceed ten per cent (10%) of the workforce in that division except the ten per cent (10%) will be exceeded by using workers who are qualified and available to cover those persons who want to book vacation time.

ARTICLE 21 - TEMPORARY TRANSFERS 21.01 An employee who is temporarily transferred for two (2) days or less from his regular job shall be paid during the period of such temporary transfer, the greater of: a) the standard hourly rate for the job to which he is transferred; or b) the standard hourly rate for his regular job.


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ARTICLE 22 - REPORTING ALLOWANCE 22.01 Employees reporting for work as usual on a regular working day, unless notified by the previous day not to report and for whom no work at his regular job is available, shall be offered at least three (3) hours' employment in other work at the employees' current wage of wages or will be paid three (3) hours' pay in lieu of work at the Company's option. If the work for which the employee was scheduled would have been paid for at overtime rates, he shall receive three (3) hours' pay at the applicable overtime rate.

ARTICLE 23 - CALL-OUT PAY

23.01 Any employee who has completed his regular shift and leaves the plant, and is then recalled to work, shall receive a minimum of four (4) hours' pay at the employee's regular straight time rate or time and one-half (1 1/2) his regular rate, whichever is greater. In the event the employee who has been recalled commences to work his regularly scheduled hours, he shall then be paid for such hours at his regular rate of pay.

ARTICLE 24 - TRANSPORTATION AND TOOL ALLOWANCE

24.01 If an employee reports for work at a scheduled place of employment and the Company requires him to work at some other job site for the complete or remainder of his shift, and the employee supplies his own vehicle, he shall be paid thirty-seven cents (.37¢) per

kilometre for all kilometres involved in going directly to his new job site and back to his scheduled place of employment. 24.02 The Company will provide for each mechanic, a credit of forty dollars ($40) per month to a tool supplier of the Company's choice. The mechanic must be at work or on call to qualify for the credit. 24.03 The Company will cover the cost of driver medicals fifty per cent (50%) to a maximum of sixty dollars ($60).

ARTICLE 25 - BEREAVEMENT PAY 25.01 In the event of the death of a member of an employee's family, the employee will be granted a leave of absence for a reasonable time and will be reimbursed for time necessarily lost from work up to a maximum of four (4) days. This allowance will only be made where the circumstances require the employee's absence from work. The term "member of an employee's family" means a spouse, child, parent, brother or sister. There will be three (3) day bereavement for parent-in-law, brother-in-law, sister-in-law, grandparent or grandchild and two (2) day bereavement for spouse's grandparent. Under Article 25.01 above, the definition of brother-in-law and sister-in-law shall mean spouse's brother, spouse's sister, employee's brother's spouse or employee's sister's spouse. In the event of the death of an immediate family member, one (1) extra day's leave with pay will be allowed for traveling to attend the funeral if the distance is two hundred and fifty (250) kilometres or more from Sudbury.


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ARTICLE 26 - JURY DUTY 26.01 An employee who is required to serve on a jury shall be paid the difference between the amount paid to him for such services and his current hourly rate for the time lost from his regularly scheduled work by reason of such services, subject to the following provisions: a) Employees must notify their foreman within one (1) working day after receipt of the notice of selection for jury duty. b) Any employee required for jury duty and who is temporarily excused from attendance at court must report for work if a period of time remains to be worked in his shift. c) In order to be eligible for such payments, an employee must furnish a written statement from the appropriate public official showing the date and the time worked, and the amount of pay received.

ARTICLE 27 - CHRISTMAS GIFT 27.01 The Company will provide an annual Christmas gift of five dollars ($5) for each year of employees' years of service up to a maximum of one hundred dollars ($100), plus a Christmas turkey. In any event, all employees will receive a minimum of five dollars ($5) and a Christmas turkey.

ARTICLE 28 - INSURANCE WELFARE PROGRAM 28.01 The Company agrees to provide the following Insurance Welfare Program at no cost to the employees: a) Life insurance $35,000 b) A. D. & D. / 24-hour coverage $35,000 c) Ontario Health Insurance Plan d) Blue Cross semi-private hospital coverage or equivalent. e) Drug plan (two dollars ($2) deductible per prescription. See Letter of Understanding re: Drug Plan) f) Sickness and accident insurance: For the life of the Agreement, $410 per week for seventeen (17) weeks beginning on the first day of the accident and the fourth day in case of illness (see Letter of Understanding re: Weekly Indemnity). g) Blue Cross No. 7 dental plan or equivalent: Coverage will lag the current O.D.A. Fee Schedule by one (1) year. Preventative maintenance coverage every nine (9) months. h) Long-term disability plan to age 65: seventeen (17) weeks' eligibility; effective on date of ratification, $1,500 per month.


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i) Vision care plan: $250 every 24 months for each employee and each dependent. j) The carrier of any items in the Insurance and Welfare Program may change by mutual agreement between the Company and the Union. 28.02 Eligibility for Employees in the Insurance Welfare Program a) Ontario Health Insurance Plan with Blue Cross semi-private hospital coverage. All employees shall be eligible for enrolment in these plans commencing on the first day of the month immediately following the date of the employee's employment. b) Eligibility for other benefits. All employees shall be eligible for enrolment under the remaining benefits of the Insurance Welfare Program upon completion of ninety (90) days' continuous service. Eligibility for all benefits as set out in Article 28 shall cease after an employee has been off work because of illness or accident for a period of one (1) year. c) Coverage in accordance with the provisions of the various plans and the related premiums will cease after fourteen (14) days of the employee's lay-off or leave of absence, and immediately upon termination. d) Coverage in the case of a shut-down is defined in the Letter of Understanding re: Shut-down Eligibility. 28.03 Company Pension Plan Contributions are based on an employee's applicable hourly rate and will be paid on all hours worked to a maximum of 2,080 hours. All pension contributions will be remitted on a monthly basis. Mandatory contribution rates are as follows: Company Employee November 1, 2006 5.75% 2.0% November 1, 2007 5.75% 2.0% November 1, 2008 5.75% 2.0% A full-time employee that has been laid off and is recalled by the Company remains a full participant in the Pension Plan. All employees shall be eligible for enrolment in the Company Pension Plan upon completion of ninety (90) days' continuous service. Vesting period is three (3) years from the date of enrolment for new hires.

ARTICLE 29 - WAGES 29.01 The Company agrees to pay and the Union agrees to accept, for the term of this Agreement, the wages as shown in Schedule "A" attached hereto and made part of this


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Agreement. Appendix "A" Wages and Classifications will be adjusted to reflect the following increases in all rates: November 1, 2006 3.50% November 1, 2007 3.50% November 1, 2008 3.50% Probationary period of seventy-five (75) working days at work.

ARTICLE 30 - NEGOTIATING COMMITTEE 30.01 The Company agrees to recognize and deal with a Negotiating Committee of not more than six (6) employees, plus the plant chairman or president who shall be regular employees of the Company, along with representatives of the International Union. 30.02 The Negotiating Committee is a separate entity from other committees and will deal only with such matters as are properly the subject matter of negotiations, including proposals for the renewal or modification of this Agreement.

ARTICLE 31 - CONTRACTING OUT

31.01 During negotiations, it was agreed that the Company could contract out a limited amount of union-position work. The following rules will be followed if the Company requires contractors: 1. Maximum of six hundred (600) hours for contractors then must become Union members. 2. The total amount of contractor employees cannot exceed fifteen per cent (15%) of the total amount of union members employed. 3. No contractors can be utilized if any union member is forced into a lay-off situation. 4. All part-time workers will be offered the work available before a contractor is hired. 5. Seniority, skill and ability, and the classification required for the job will be the main considerations when work is being assigned under this Article. The Company and the Union agree that, during the life of this Agreement, this clause can be revisited by either party for discussion and possible changes. If changes are required, both parties must agree to those changes. Should the Company lay off a union member and hire a contractor or should they utilize a contractor and not offer the offers of work to a part-time person, they will pay any lost monies to that worker.


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ARTICLE 32 - DURATION OF AGREEMENT 32.01 This Agreement shall become effective upon ratification and shall remain in effect until October 31, 2009. The wages in effect in Schedule "A" are effective November 1, 2006. It shall continue from year to year thereafter, unless either party gives notice of amendment to the other party within no less than thirty (30) and no more than a ninety (90) day period immediately prior to the anniversary date in any year. In the event that either party serves notice to the other party to amend this Agreement, then this Agreement shall continue in effect after the anniversary date until such time as a new Agreement has been reached. Dated at Sudbury, Ontario, on this 1st day of March, 2007. FOR THE COMPANY FOR THE UNION Fisher Wavy Inc United Steelworkers /s/ Andy Wallgren /s/ Chris Moro /s/ Bryan Dixon /s/ Ralph Jacobson /s/ Danny Goulden /s/ Claude Hubert /s/ Chris Jollineau /s/ Gerry Appleby /s/ Phil Annett /s/ Jim Kmit


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SCHEDULE A

WAGE RATES AND CLASSIFICATIONS

CLASSIFICATION

CURRENT RATE

NOV 1 2006

NOV 1 2007

NOV 1 2008

WAVY INDUSTRIES Truck Driver (plus bonus) 19.29 19.97 20.67 21.39 Bulk Haul Driver 19.29 19.97 20.67 21.39 Pay Loader Operator 20.20 20.91 21.64 22.40 Tradesman (with papers) 21.68 22.44 23.23 24.04 Tradesman (without papers) 20.07 20.77 21.50 22.25 Helper 18.61 19.26 19.93 20.63 Labourer 18.40 19.04 19.71 20.40

FISHER CONSTRUCTION Shovel Operator 21.72 22.48 23.27 24.08 Dozer Operator 21.17 21.91 22.68 23.47 Track Mobile Operator 20.40 21.11 21.85 22.61 Pay Loader Operator 20.20 20.91 21.64 22.40 Railway Slag Doorman 19.49 20.17 20.88 21.61 Oiler 19.28 19.95 20.65 21.37 Rail Car Handler/Brakeman 19.10 19.77 20.46 21.18 Crusher Feeder Man 19.10 19.77 20.46 21.18 Tandem Truck Driver 19.29 19.97 20.67 21.39 Watchman 15.58 16.13 16.69 17.27 Shop Rate Operator 19.08 19.75 20.44 21.16 Shop Rate Operator (10+ yrs) 19.63 20.32 21.03 21.77 Tradesman (with papers) 21.68 22.44 23.23 24.04 Tradesman (without papers) 20.07 20.77 21.50 22.25 Helper 18.61 19.26 19.93 20.63 Labourer 18.40 19.04 19.71 20.40 Student 9.62 9.96 10.31 10.67

FISHER BLOCK DIVISION Block Plant Machine Operator 18.74 19.40 20.08 20.78 Boom Truck Driver (plus bonus) 19.29 19.97 20.67 21.39 Tradesman (with papers) 21.68 22.44 23.23 24.04 Tradesman (without papers) 20.07 20.77 21.50 22.25 Bagging Machine Operator 18.74 19.40 20.08 20.78 Repairman 18.61 19.26 19.93 20.63 Labourer 18.40 19.04 19.71 20.40 Student 9.62 9.96 10.31 10.67

All above rates are less one dollar ($1) per hour for fifty (50) working days at work. Except for the classification of Labourer (new hires) which shall be two dollars ($2) per hour less for fifty (50) working days at work and one dollar ($1) per hour less for the next one hundred and thirty (130) working days at work. A two hundred dollar ($200) signing bonus paid to everyone upon ratification.


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SCHEDULE B

PRE-CAST PAY SCHEDULE AND CONDITIONS

(Rates effective November 1, 2006)

Manufacturing / Unit Clean-up / Unit Total / Unit Barriers $21.00 $3.00 $24.00 Heavy Duty Retaining Wall Blocks - Full 7.00 2.00 9.00 Heavy Duty Retaining Wall Blocks - Half 6.00 1.00 7.00

Cemetery Slabs 5.00 1.25 6.25

Anchor Blocks 17.50 2.00 19.50

Dump Walls 20.00 4.00 24.00

City Blocks 17.00 3.00 20.00 Cutting Barriers (2 holes / unit) - - 4.00

Driveway Curbs - Single Form 5.50 1.25 6.75 Driveway Curbs - Table Form - 5 units 3.50 1.00 4.50

Parking Curbs - Single Form 5.50 1.25 6.75 Parking Curbs - Table Form - 5 units 3.00 1.00 4.00

Knob Blocks - Full 6.00 2.00 8.00 Knob Blocks - Half 6.00 1.00 7.00

Loading/off-loading trucks - - 1.00 / lift

Notes: 1. Pay rates can be changed if the Employer introduces any changes or innovations that reduce manufacturing time or increase production. 2. Rates paid for damaged units will be set at the discretion of the Employer. 3. Each unit will be paid for upon full completion of the manufacturing process (i.e. once it has been properly put into external inventory). 4. If a pre-cast employee reports for work on a regular working day, unless notified by the previous day not to report to work, and for whom no work at his regular job is available, shall be paid sixty dollars ($60) lump sum.


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LETTERS OF UNDERSTANDING

LETTER OF UNDERSTANDING #1

November 1, 2006 Mr. Phil Annett Vice-president Fisher Wavy Inc. P.O. Bag 2000 Copper Cliff, Ontario P0M 1N0 Dear Mr. Annett: Re: CLASSIFICATIONS This will confirm our understanding during negotiations that the following classifications will be excluded from the bargaining unit during the term of this Agreement: Ready Mix Batcher Man Scale Clerks Supply Truck Driver Stock Room Man Office, Technical and Sales Staff Yours truly, Jim Kmit Staff Representative United Steelworkers


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs: Re: CONTRACTING OUT / BULK TRUCKING If and when Fisher Wavy Inc. contracts out additional bulk trucks, Union employees in the Bulk Division will be given first consideration for the work. Management shall have the right to pass over any employee if the employee does not have the experience, ability, skill, qualifications, competency, and physical fitness to perform the work. Yours truly, Phil Annett Vice-president Fisher Wavy Inc.


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs: Re: DRUG PLAN As agreed to in negotiations, the Drug Plan will be two dollars ($2) deductible. Coverage for dispensing fees is restricted to a maximum of seven dollars ($7) and the Company guarantees that at all times a minimum of five (5) drug stores will be able to accommodate this maximum, one of which will be located in the "Valley". The names of the five (5) drug stores will be posted at all times. Employees, wherever possible, will request that the lowest cost interchangeable product (generic drugs) be prescribed and that, when necessary, they will request up to a hundred and twenty (120) days' supply. Any doctor's letter required because of the new rules set out by the Company's benefit carrier concerning prescriptions for prior authorization drugs will be paid for by the Company up to fifty dollars ($50) per document required. Yours truly, Phil Annett Vice-president Fisher Wavy Inc.


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs: Re: MEDICAL CERTIFICATE This will confirm our understanding that the Company will not require a medical certificate from the employees during an absence of three (3) days or less, provided this is not abused. The Union undertakes to cooperate with the Company in combating absenteeism of employees who abuse this clause. Yours truly, Phil Annett Vice-president Fisher Wavy Inc.


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs: Re: SHUT-DOWN ELIGIBILITY As agreed to in negotiations, the definition of a shut-down will be one (1) month or less and affected employees will be notified ahead of time. Benefits, as described in the Insurance and Welfare Program, will be covered for the duration of the shut-down. Yours truly, Phil Annett Vice-president Fisher Wavy Inc.


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs: Re: WEEKLY INDEMNITY As agreed to in negotiations, if an employee chooses to register a sickness/accident claim with Employment Insurance rather than with the insurance carrier, the Company will pay such employee the two (2) week waiting period commencing on the first (1st) day of accident and the fourth (4th) day in case of illness, and will guarantee that if there are complications with Employment Insurance, they will receive the level of insurance as per the Collective Agreement. Yours truly, Phil Annett Vice-president Fisher Wavy Inc.


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs: Re: YEARLY BONUS PLAN The Company agrees to continue its existing Yearly Bonus Plan until October 31, 2009. Bonus will be paid to the employees after the year-end financial statement is completed which should be sometime in December. Ready Mix truck drivers' bonus will be two dollars and fifty cents ($2.50) per load no matter what size or destination. The conveyor truck driver will receive an additional three dollars and seventy-five cents ($3.75) per load regardless of size, provided the customer incurs a conveyor charge. The driver of a non-conveyor truck will receive an additional one dollar and seventy-five ($1.75) per load regardless of load size and the operator of the conveyor will receive an additional two dollars ($2) per load regardless of load size, provided the customer incurs a conveyor charge. Block Truck drivers' bonus will be two dollars and fifty cents ($2.50) per load regardless of size or destination or number of destinations delivered to. Picking up of empty pallets shall be paid the two dollars and fifty cents ($2.50) load bonus when instructed to be picked up by the Company. No bonus will be paid for loads delivered if the driver fails to properly fill out delivery tickets as instructed and/or fails to properly use status indicators. Drivers will be provided with a summary on a monthly basis. Bonuses will be paid once per year. Yours truly, Phil Annett Vice-president Fisher Wavy Inc.


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs: Re: FISHER HARBOUR / DINNER POINT DEPOT As agreed to in negotiations, any and all work performed at Fisher Harbour/Dinner Point Depot for the period of November 1, 2006 to October 31, 2009 for up to twelve (12) employees will be excluded from the collective bargaining unit. Once the workforce exceeds twelve (12) employees (excluding foremen, persons above the rank of foreman, office and sales staff), the Company will recognize the Union with a separate seniority list, with separate classifications and new rates. Yours truly, Phil Annett Vice-president Fisher Wavy Inc.


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs: Re: BULK HAUL SENIORITY LIST A Bulk Haul seniority list will now be created and maintained. Any driver, on their current seniority list, who, at their request, resulting from the five-working-day posting, transfers to the Bulk Haul list, will do so with their seniority intact. At this time, they will also be placed on the part-time seniority list from which they came with one (1) day seniority for each year of service. In addition, they will accrue both full-time Bulk Haul seniority and part-time seniority from their source list. Any qualified driver wishing to be placed on the part-time Bulk Haul seniority list will be placed with one (1) day of service for each year of seniority and begin to accrue part-time Bulk Haul seniority. This in no way affects their existing full-time seniority in their present division. There will be a training period provided for qualified but inexperienced bulk operators. There will be a thirty (30) working day trial period following the completion of training for both the employee to evaluate the job and management to evaluate his/her performance in the new position. Within this timeframe, any employee may transfer back to their original job without penalty. This trial period can only be utilized once by each employee. If the Bulk Haul division closes down, anyone who has transferred to the Bulk Haul division under this Agreement can return to the division and position he/she held before such a transfer without any loss in seniority. Yours truly, Phil Annett Vice-president Fisher Wavy Inc.


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs: Re: WORK PERFORMED ON HIGHWAY 69 SOUTH (MTO) Notwithstanding Article 2.01, all work on the Highway 69 South Expansion Project for the Ministry of Transportation contracted to Fisher Wavy Inc. will be performed by the members of Local Union 2020 according to the terms and conditions of this Collective Agreement. The parties agree that for all other projects and contracts, Article 2.01 of the Collective Agreement governs. For clarity, the geographical limits outlined in Article 2.01 remain in force and effect for all other projects, save and except the above-noted Highway 69 South Expansion Project. The provisions of this Letter shall be determined and become null and void on the expiry date of the current terms of the said Agreement unless renewed in writing by the parties. Yours truly, Phil Annett Vice-president Fisher Wavy Inc.


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November 1, 2006 Jim Kmit, staff representative and Chris Moro, unit chairperson United Steelworkers 92 Frood Road, Third Floor Sudbury, Ontario P3C 4Z4 Dear Sirs:

Re: EXCESS HOURS According to recent legislation, effective March 1, 2005, section 17(1) of the Employment Standards Act states that employers cannot require employees to work more than the following daily and weekly limits: 1) Eight (8) hours per day or the number of hours in a regular work day, if it is more than eight (8). 2) Forty-eight (48) hours per week. Note: Regular business hours are 8:00 a.m. thru 5:00 p.m., thus, for the purpose of this Agreement, a regular work day will be considered to be nine (9) hours per day. Thus, an agreement in writing must be drafted between Fisher Wavy Inc. (hereinafter called "The Employer" and United Steelworkers (hereinafter called "The Union") to work excess hours. The Employer has applied for and received permission from the Ministry to work excess weekly hours up to and including sixty (60) hours per week. Terms: 1) The Agreement applies to all members of the Union. 2) The Union and Employer agree to weekly maximum hours of sixty (60) hours per week. 3) The Union and Employer agree to daily maximum hours of no more than thirteen (13) hours per day. 4) The Employer will provide the Union, pursuant to the requirements of the Act:

Eleven (11) consecutive hours off work each day.


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Eight (8) hours work between shifts where total time on both shifts is less than or equal to thirteen (13) hours total.

Twenty-four (24) consecutive hours off each work week or forty-eight (48)

consecutive hours off every two (2) work weeks. 5) The Collective Agreement will apply as per Article 17 or any other pertinent article. Duration: This agreement shall become effective upon ratification and shall remain in effect until October 31, 2009 as per the current Collective Agreement. The Company or Union may end this agreement at any time with thirty (30) days written notice. Phil Annett Jim Kmit Vice-president Chris Moro

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