general purpose - ontario · (london) 1970 ltd., del-ko paving & construction company limited,...

From: LI UNA Loe a I 1059

BETWEEN:

To: 14163267367 01/31/2017 09:13

TOUCHSTONE SITE CONTRACTORS INC. IMPERIAL FENCE 21037'3 ONTARIO ~NC. o/a ONSl1E CONTRACTORS

#100 P.012/031

(hereinafter called the "Employer"}

- and -

LABOURERS' lNTERNAT~ONAl UNION OF NORTM AMERICA, LOCAL 1059

(hereinafter called the "Union'~)

GENERAL PURPOSE

The general purpose of this Agreement is to establish mutually satisfactory relations between the Employer and its employees, to prCiVide a moans for the orompt and equ~tAhle di~posith:m rif griJ?ovance".) and to est?blish 2.:r;d ~n2inidn satisfactory working cGmditions,. ho.urs-.of. work and wag.esfor all employees who are subject to its provir:;i:ort~~. ~--'·~<·· .~.: ~ :\~~; '· ·"

-1 .0·1 The Employer reco:qniz~\; the Union a:S the so!:i:i co!!e.'0UV<P. bAr~J~~f:"!ln·.g agency for a~I its construction laboumrs engaged on al! construction projects within the Counties of Middlesex, Bruce, Elgin, Oxford, Perth and Huron, save and except non-working foremen and persons ;::bove the rank of non-working foremen, office and clerical staff and engineering staff.

ART!CtE 2 • MANA.G~M!EMl RIGHTS

2.0·1 The Union agrees that it is the exclusive function of the Employer:

a) To conduct its business in all respects in accor(iance with its commitments and responsibilities, including the right fo manage the jobs, locate, extend, curtail or cease operations, to determine the

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From: LI UNA Loe a I 1059 To:14163267367 01/31/2017 09:13 #100 P.013/031

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number oi men required at any or ail operations, to determine the !<·1nds ""'"''""' 1 ~~~+· ~ ~ --~~h· - "·· ' · ....... ·· · · · · ·' • .. ··· .,. · ·· c-.• ,,u ,.,, .. .,. .. ;,.ion.:, o, 111i:.~~, mi.~;:;, i.ooi,., 1;1111.1 ~t1Uipme1n 1Q De usEa1 an the schedules of production, to judge the oualifications of the employees 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 he has been discharged without reasonable cause and shall be subject to the provisions of the grievance procedure.

c) To make, alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the employees.

It is agreed that these functions shall not be exercised in an unreasonable manner or inconsistent with the express provisions of the Agreement.

ARTICLE 3 ~ UNION DUES AND SECURITY

3.01 All employees covered by this Agreement, as a condition of continued empioyrnent, shall -becmTi<e and remain m•:1.rnb£~rs in $300d standing o'f the Union during , th~· ·lifetime o.f--~hi§ Agre~memt ,afld- ;$1'\?&!, .. a1;1tnorize,. the' Employer in writing to deduct regular monthly un~on dues from the first pay due each calendar month.

3.02 It is expressly understood and agmed that the Employer shall not be required to discharge any employee for violation of the provisions of this Article for Union security for any reason other than refusal of the employee to join the Union or the non-payment of regular monthly union dues, notwithstanding anything to the contrary herein contained.

3.03 The Employer agrees to subcontract the following work only to employers in contractual relations with the Union.

1) The excavation, forming, pouring, finishing, stripping of poured sidewalks, curbs and gutters.

2) The excavation, compaction, backfilling and laying of all sewer and watermain pipe.

3) Fencing, guard rails and sound barrier

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3.04 During the lifetime of this Aoreement, the Empioyer will deduct reaut~r monthly union dues as notified by the Union in writing, from the first pay due each calendar month. Union dues so deducted shall be remitted prior to the end of the month in which the deduction Is made to the Financial Secretary of the Local Union.

3.05 Where an employee authorizes the Employer in writing to deduction union initiation fees from his pay, the Employer will honour such authorization and comply with the procedure of Section 3.01 hereof.

3.06 The Employer shall follow the following procedures when hiring employees covered by this Agreement providing that such employees are in good standing with the Union:

a) The Employer ~h~ll notify th~ Union 0f tht:) nPme5 of 0.l'n!~·!f!';.'·:?:8G recalled after winter layoff and such employees must obtain a referral J:>iip prior to c:on1mencB~·nent of ernp!oyTnreriL

b) The Employer agrees to call the Union for its supply of men. All employees hired through the Union, shall present to the Employer a referral slip from the Union prior to commencing employment. It is understood that if the. Lo@I Union is unable to pmvid~. qualified. ,anci C{J:mpetent men with!n 24 hours, the Employer b frGe to .hire i5lich

labour as is available, but such probationary labour shall acquire a referral slip prior to commencing work, and as a condition of employment, shall become a member in good standing in the Union within thirty (30) days from the date of employment.

c) In recognition of the Employer's need for competent and capable employees, the Union agrees that the Employer has the right to call the Union office and request any unemployed Union member. Therefore, the Union recognizes the Employer's right to recall their regular employees after a seasonal layoff. The Union also agrees that it shall issue referral slips. The Employer agrees to give previous employees the opportunity to return to work before new employees are hired.

3.0"1 a) It is understood and aqreed that the following classifications of work cbm·e within the li:.tbom~~r~~-c[Jtegory':

Unskilled and Skilled Labourers

Operators on all types of rubber~tired farm tractors (without altachments)

Waterboys and Watchmen (it is understood a Watchman may work up to 12 hours per day at straight time rates)

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Powdermen and Helpers, Concreter workers, Puddler-s, Floatmen and Grouters

Operators of Jackhammers and all types of boring equipment

Mortarmen, Labourers for all types of pile driving

Flagmen

Wreckers, Barmen and Form Strippers

Operators of Scootcrete and Calfdozers and all similar equipment

Small Mixer Operators (5 yd. and under)

Concrete Workers and lmprovers

Form Builders {stesl and wood) for manholes, catch-basins, sewer appurtenances and all structures for municipalities, factories, etc. {except within building lines as specified in Article 3.07 (c).)

Form Builders (on curbs, gutters and sidewalks, etc.)

Pipelayers on all types of watermain pipe, sewer pipe elactrica! conduits and underground installations, except inside LC.I. building lines after building construction has commenced

Pipelayers and Caulkers on tite and concr.ete pipe, except inside building lines

Sheeting 8.nrl Shn.ring men

Pitbottom Men, Signal Men, Track Layers

Operators of all machine driven tools by gas, electricity and air

labourers on concrete heaters

Miners and Drillers on caissons

Truck Drivers

Tim berm en

Fence Erectors

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From:LIUNA Local 1059 Ta: 14163267367 01/31/2017 09:13 #100 P.016/031

Pile Driving (all types) and all operations related thereto (Labourers)

Loft Men

Torch Cutters

Welders and Burners

Signal Men

Traffic Control Persons

Crash Truck Drivers

Carpenters' and Carpenters' Apprentices

Working Foremen and Labourers required for cleaning, washing and painting of Employer equipment and barricades, etc., used in Employer's shop.

And in addition to the above, all work performed by Labourers in connection with Department o'f Public Works, Municipal Corporations and private individual contracts.

b) It is agreed that this Agreement shall not apply to a t!.mnel project, Which is defined as a project called as a tunnel. (This agreement does not apply to tunnel work which is incidental to open cut work for sewer and watermain construction).

d) It is agreed that this Agreement shall apply to work performed on ari l.C.!. construction site, except that the Employer shall abide by tl1e Agreement between Employee Bargaining and Employer Bargaining Agencies (E.B.A.) on all work within a building or excavation for a building. It is further agreed that should the Employer undertake to do the work that is commonly known e.s l.C.I. construction, the rates of wages, hours of work and working conditions shall be as estabiished by a Collective Agreement between Employee Bargaining and Employer Bargaining Agency (E.B.A.). It is understood that this provision also relates to the actual construction of sewage disposal plants, water reservoirs, filtration plants at the present time, and so long as hours of work and working conditions shall be as established by a Collective Agreement between Employee Bargaining and Employer Bargaining Ag1'Elncy (E.B.A).

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'-~ is onderstr~c~~ th0t ·1:h:s provh~:~.~:µr; .:~'&r.ci r::i!;.~Ji1GG'i ti:') thG uc~:ua~ construction of sewage plants, water reservoirs, filtration plants at 'the present time, and so long as such structures continue to be constructed under the terms of the Agreement of the LC.I. Section, th1B Employer shall abide by this A8reement This understanding does not include bridges, approaches to bridges and overpasses, etc.

d) The Employer agrees that should the Employer do work covered undor the Roadbuilders and Structures Agreement (Stebbins Paving & Construction Ltd., T.C.G. Asphalt & Construction Inc., lowland (London) 1970 Ltd., Del-Ko Paving & Construction Company Limited, Dufferin Construction Company and Labourers' International Union of North America, Local 1059 Reference Agreement), the Employer will be bound to the rates and conditions of that Agreement.

e) The Employer agrees that should the Employer do work covered under the Sewer, Watermain, Curb, Gutter and Sidewalk Contractors Section of the London District Construction Association and Labourers' International Union of North America, Local 1059 Reference Agreement, the Employar will be bound to the rates and conditions of that Agreement.

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3.08 The Employer agrees to apply all the terms" and conditions of the Collective Agreement to members of Local 1059 employed on projects outside of the geographical area described in Article 1.01.

4.01 During the lifetime of this Agreement, the Union agrees that there will be no strike, slowdown or picketing, and the Employer agrees that there will be no lockout The Employer shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, picketing or slowdown.

5.01 The Union may appoint and the Employer will recognize a·Union steward · or stewards {not more than one per gang).

5.02 The Union sha!l notify the Em~loyer in writing from tim9 to time of thB name of the steward, the date of his appointment, and the name of the former steward whom he may be replacing.

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5.03 The Union steward, all things being equal, shall be one of the last two employees retained in employment at the time of layoff, provided he can perform the remaining work. This provision shall not apply to temporary layoffs of one week's duration or less.

5.04 No discriminaticm shall be shown against any Union steward for carrying on his duties, but in no case shall his duties interfere with the progress of the work or his duties to the Employer. The Shop Steward on each job will be responsible for reporting any disputes to the Employer and the Union Representatives so that these can be tal<en up in the proper manner without delay.

5.05 The Business Agent for the Union shall have access to all jobs during working hours but in no case shall his visits interfere with the progress of the work. When visiting a job site he wm first e.c:hi'ise the superintendent bf the Ernployer. The Union agrees to give such assistance as is required ot it by the Employer to secure competent and qualified men to the job.

5.06 A bulletin board will be provided by the Employer for the use of the Union t0 post notices, etc., but all such notices shall have prior approvEJI of the Employer.

ARTICLE 6 a_ UNION MANAGEMENT GRIEVANCES

6.01 It is understood that the Employer may file a grievance with the Union and that if such complaint is riot settled to the Employer's satisfaction, it may be treated as a grievance and referred to arbitration in the same way as an Employer grievance of an employee. Such grievance shall be processed at Step No. 2 of the grievance procedure as set out in Article 6 hereof.

6.02 A Union policy grievance which is defined as an alleged violation of this Agreement concerning all or a substantial number of employees in the bargaining unit, in regard to which an individual employee could not gri-::w0, may be brought forwa.n:l in writing at Step No. 2 of 'i:he grievano0 tj•·nc:Jclum zt any time w:t,l:::n ·f:ftcen (1 E]. :utl w.:;;r:s:;ng d,@yG aft;.;:;- ~!-\,;;; circumstances giving rise to such grieyance occurred, and if it !s not settled at that stage, it may be processed to arbitration in the same manner a$ the grievance of an employee.

6.03 The parties to this Agreement are agreed that it is of the utmost important to adjust complaints and grievances as quic!dy as possible.

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6.04 It is understood and agreed that an employee does not have a grievance until he or his Union Representative has discussed the matter with a designated Employer Representative and given him an opportunity of dealing with the comp!aint.

Grievance Step 1 :

Within ten (10) days after the circumstances giving rise to the grievance occw·rod oi origino:r~.t:,d, i::iti ~devance ~hali iJe pr8i!itan(ed io cha Employer In 1N:~tlng and ~he p~rtiG·:.; ~~hc:~!1 me:3t v;i~hin fivo (5) wotking ck.oyz:., It• o.n endeavour to settle the grievance.

Grievance Step 2:

If a satisfactory settlement is not reached within five (5) working days from the meeting above, then the grievance may be submitted to arbitration as provided in this Agreement any time within ten (1) days thereafter.

6.05 When either party requests that a grievance be submitted to arbitration, the party making the request shall do so in writing to the other party and at the same time, appoint an Arbitrator within five (5) days. Thereafter, the other party shall appoint an Arbitrator. The two (2) Arbitrators so appointed shall meet at the earliest convenience and attempt to select by agreement, a third person who shall act as a Chairman of the Arbitration Board. If they are unable to agree on a Chairman within five {5) days, they will then request the Minister of Labour of the Province of Ontario, to appoint an impartial Chairman.

6.06 a) The Arbitration Board shall hear the subject of the grievance, including • ,. ., •• 1!f:7~cther Oi no~t :h<:~ r~~;::~ts.r··!!,;3 .3;""bitrat2bi0\ .~h.::.:~! f.ss~~e a· ·de,·c~::;~~)a"i rt~~h~ch·

"&;:; ,bJJndirig upon :,;K: p5i1ti·iiJB·;~.mch~porMdil}rB'm\llik~yefj$,aff;;;0~tH.JJ:i':;t.o, :>::

b) The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs.

c) Each of the parties shall pay one-half (%) the rt::numeration and expenses of the ChAirman of the Board ..

d) The Board shall not have the power to alter or amend any of the provisions of this Agreement.

6.07 In determining the time which is allowed in the various s~eps, Saturdays, Sundays and statutory holidays shell be excluded and any time limits msy be extended by mutual agreement in writing.

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From:LIUMA Local 1059 To:14163267367 01/31/2017 09:14 #100 P.020/031

ARTICLE 7 ·TRAVEL AND ROOM AND BOARD.

7.01 a) Employees who report to the yard or assemb~y point will be paid for all the time spent travellinri one way from the yard or assembly ~)oint to the jobsite. Drivers will be paid for all the time spent travelling to the job and return to tile yard or assembly point.

b) The Employer will provide daily transportation and will pay employees in accordance with Article 7.01.

c) In all cases, the Employer will supply transportation deemed suitable for passengers by the Ministry of Transportation &nd all equipment and materials shall be secured and be kept separate from employees.

d) Employees who provide their own transportation to report to jobsites, must be paid for all time spent travelling one way from the yard to the jobsite as if they were covered by Article 7.01 a).

e) On projects outside Zone E shown in Schedule "B", employees shall be paid for half (1/2) of the return trip.

7.02 It is agreed between the parties hereto that for work outside the forty (40) km fre.s travel zone, there shall be a twenty-five (25) km project free travel zone radius, and any employee residing in this twenty~five (25) km project' fre~~ .;.:one v.ri!! report ~o wnrk ~:is; required at no co:~>ts ti.:i the Empl1?ve1j •. ,,

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l'.03 VVhen~ an ernpioyee who h:J nonna!ly employed by the Empioyer m the London area is required to work out of London and is unable to return home each night, he shall be provided the cost of a suitable room plus forty dollars ($40.00) per day by the Employer or be paid at the rate of one hundred dollars ($100.00) per day, in lieu of suitable room and board.

7.04 Employees that require to drive vehicles that are used for the transportation of company employees or company equipment from the Employer's assembly point to the jobsite and return, shall be paid for ~II tim~ travelling both ways, at an appropriate rate.

7.05 In cooperation with the Employer's overall program of accident control and prevention, tile steward and each employee shall report to the foreman for immediate investigation, any alleged unsafe conditions, unsafe acts or violation of safety regulations for correction if required.

7.06 The Employer shall at its own expense furnish to any workman injured in its employment, who is in need of it, immediate conveyance and transportation to a hospital or to a physician .

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7.07 If at the direction of the job superintendent or foreman another employee is required to leave the jobsite with the injured employee to assist him in receiving medical attention, he shall be paid his regular wages and other benefits for any lost time incurred that day.

7.08 The Employer agrees to notify the Union and provide copies of WSIB Form 7 to the Union, in regards to jobsite injuries.

7.09 Sanitary toilets shall be provided in accordance with the provisions of the Occupational Health and Safety Act of Ontario. The Employer will agree to supply transportation to any employee who requires to use sanitary facilities.

ARTICLE 8 ~PAYDAY AND TEBM~NATION

8.01 All wages shall be paid in cash or cheque at the option of the Employar during working hours. Such wages shall be paid weekly. It is understood that payday will be on Thursday of each week. However, if payday is on a !=rk~;~y1 suGh p3J! wB! ba ii~i c~sh, t)r th;:J i:;rr.p·loyc-e V\:;~: L~1 ~iv.or. uni:~ ( ~} hour off with pay in order to cash such pay.

8.02 The Employer may pay wages as a direct bank deposit no later than Thursday of each week and a detalled break.down indicating hours, hourly wage rate, allowances and deductions shall be pmvided for each depo~it.

8.03 When an employee voluntarily terminates his employment, his pay and vacation pay credits to date shall be sent to. him by registered mail on the next regular payday follo\l\tjng voluntary termination.

ARTICLE 9 ~ FINAL DOCUMENTS

9.01 Within forty~eight (48) hours of the termination of any employee, the Employer agrees that it will send by registered mail to the employee his Record of Employment and vacation pay credits to date.

9.02 If the employee voluntarily terminates his employment, the employee sna!I have his voluntary Record of Employment mailed to him by registered ma!! within a forty~eight (48) hour period of time.

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From:LIUNA Local 1059 To: 14163267367 01/31/2017 09:15 #100 1:..0221031

ARTICLUQ.:...REPORTING TIME

10.01 Any employee called back for work after completing his normal shift and when no prior notice was given to return, shall be paid a minimum of four (4) hours at the applicable rate.

10.02 An employee who reports for work at the jobsite or assembly point, unless directed not to report, and for whom no work is available due to inclement weather, shall receive a minimum of two (2) hours reporting time, providing the employee remains on the job for two (2) hours after his designated starting time.

10.03 If work is not available for reasons other than ir1clement weather or conditions beyond the control of the Employer and the employee has n,ot been notified at least one (1) hour prior to the end of the last shift workf.;d, he shall be allowed two (2) hours' reporting time.

10.04 Employees will be paid for any time they are kept waiting for rnaterial or breakdown of equipment when they are at a jobsite one hundred (100) km or more from the City of London.

10.05 The Employer will not discriminate against the employee who declines to work outside the free travel zone.

ARTICLE 11 -HEALTH, SAFETY, SANITATION. SHELTER

11.01 The Employer shall provide employees with such protective gloves suitable for the task at hand and employees where possible shall present their used pair before receiving new ones. and WAt weather clothing as it deems necessary. The Union recognizes the right of the Employer to economically supervise the distribu'i.lon of the clothing provided.

·11.02 Every employee shall be required, as a condition of employment, to wear a safety helmet and safety boots of a type approved by the Construction bafery Association ... fhe i1elmet shall be p<9!d tor by tl1e empioyeue:1 at th~~ time it is supplied, and on termination of employment, the employee V!f'i:l IJe credited with the amount paid, provided the helmet is returned in, in a reasonably good condition.

11.03 The Employer agrees to have available on all sites, all required safety equipment (e.g. safety glasses, ea.r plugs, dust masks .and first aid kit etc.), at no cost to the employee.

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11.04 When employees ore required to perform their duties in wet weather, the Employer agrees to supply suitable protective clothing, including rubber boots and rain suit ·:_thir'- will be - f, '"n. :! to thP forerian when the assigned duties are~ .11ple1:eci Emplo.;<3e, ..ire r'.: qti1red ti" pay up to fifty pere;ent (50%) of costs of ~.Jch items. Employees will be refunded at the end of the season upon returning such items.

11.05 Proper shelter will be provided at the jobsites employing three (3) or more c-lrnµloyee8 where such employees are engaged in work at such a site for a least five (5) working days.

11.06 In the event of a fire or theft resulting in the loss of previous listed tools with the Employer, the Employer will replace such items at their replacement value to a maximum of five hundred dollars ($500.00) and subject to a one hundred dollar ($100.00) deductible, provided that such tools are kept in a place designated by the Employer. Such replacement is ba5ed on proof of loss by fire or theft being made to the Employer.

11.07 The Employer agrees to reimburse employees for safety boots after ten (10) months of employment with the Employer. Reimbursement of safety boots is limited to once per calendar year. The employee must provide the Employer with an original receipt for same and a ma><imum of two hundred and fifty dollars ($250.00) shall be paid. Such payment is t-\\n expense for the Employer and w!ll not be included as income for the employee or be included on the T4.

11.08 The Employer shall provide potable water, approved sanitary containers and paper cups.

·12.01 In the event that any of the provisions of this Collective Agieement are found to bE:> in conflict with any valid and applicable Federal or Provlncif:ll !aw ':\CW existing or hereoinafter enacted, ft ns agreed that such !sw ~:ihal: supersede the conflicting provisions without in any way affecting the remainder of the Collective Agreement.

ARTICLE.13 ~WAGE RATES

13.01 Wage rates and other contributions of employment shall be in accordance with Schedules "A" and "B" hereto attached and which are hereby made a part of this Agreement.

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13.02 It is agreed that no employee covered hereunder shall suffer a reduction in wages by reason of the Agreement reached hereunder.

ARTICLE 14 - ~OURS OF WORK AND OVERTIME RATES

14.01 Hours of work shall be as follows:

a) The normal workweek shall begin on Monday and end of Friday and shall consist of fifty-five (55) hours at the regular rate.

b) All paid time travelling shall be considered hours worked and will be considered as such for purposes of calculating weekly overtime.

c) Work performed on Saturdays shall be paid for at the rate of time and one-half. The Employer will not discriminate against any employee because of his failure to work on Saturdays.

d) All work performed on Sundays and Statutory holidays as listed in Section 17 .01, shall be paid at the rate of double the employee's regular hourly rate.

e) Employees will be paid a premium of four dollars ($4.00) per hour for ;,._h.,. <-f:1rti"'9 "fi"'r t::.·'='n r~ "~...: ''"'st·1""g "''""' (r:) ...i"'"S " .. ·.·' -·"0 · ; ..... .,.~ ,.it-.·w: .. ~ ni a. 1.v "''"'-''' ~t•~ "°Hi\.'J 1g i1 nv':'" v uoy"' VE 1itv1v.

f) The Employer wm. not disci:iminate against the employee w'oo declines to work beyond eleven ( 11) hours per day on projects. The Employer shall provide safe vehic!f}S for the transportation of employees.

g) When employees work the regular sh!ft and are asked to vvork trw second shift, all hours worked on second shift by such employees, must be paid at time and one half the employee's regular hourly rate, and shall be paid the meal premium as per Article 15.

h) Employees will be paid a premium of eight dollar~ ($8.00) per hour for jobs starting after 5:30 pm and lasting less than five (5) days.

i) Emergency Worf<. - C~dl Baq~ When employees are called back to perform emergency work once they completed their normal shift, a premium of seven dollars ($7.00)

·shall be paid over and above the regular hourly rate of pay and shall be paid a minimum of four (4) hours. Call back is when employees at the end of their normal shift leave the Employer's premises (yarc.l) or are at home, rec8iVe .3n emergency cnll to rott.im to war!(. /\II hct.rr<.'i worked on Sat-urda.y:s ,or Sundays a1;:; .. call i:.>acks- rnt:.1fk be µaiu in accordance with Article14.01 (c) and (d).

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;ARTICLE 15 ~MEAL PREMIUM

15.01 Any employee who is required to work more than twelve (12) hours daily including travel time shall be paid a meal allow~mce of twenty-five dollars ($25.00) for each day this occurs. The Employer V'lt'ill agree to pay the rneal premium as above only in Local 1059's jurisdiction.

AR.TlClE 16-VACATIONS

16.01 Vacation credits shall be four percent (4%) of earnings and shall be paid weekly. It is understood that the f-,oliday shutdown does not count towards employees vacation weeks. It is further understood that employees vacation period shall be mutually agreed to by the employer and the employee will give one (1) months notice. Only two (2) weeks vacation will be taken, exclusive of Statutory Holidays, unless other arrangements are made between the Employer and the employee. It is further understood tht.:! ~:r·s emp!o~1ees ~.r::ic~t~:)n pe.:riod ~h.:~1~! bc. rnutua!;;,.1 agrc~o1d to bl·: th!:~; Emplnyer and the Amf\!OyBe.

Should legislation increase the statutory vacation pay percent, the increase will be taken from the statutory holiday pay and the total percentage of the above will not exceed ten percent ( 10% ).

'16.02 Employees with ten ( 10) y.;;;ar effiployme11t uf rnorcl Bilal: r(:lceive i.11;·e8

(3) week's vacation time. ·

ARTICJ...E 17 ~STATUTORY HOLIDAY~

·11.01 Statutory Holiday credits shall be six percent (6%) on earnings and shall be paid weekly.

All work performed on:

New Year's Day Good Friday Victoria Day Oori1fnion Ds;/ Civic.Holiday

Labour Day Thanksgiving Day Christmas Day PrJ."1r :J 1)2;t Heritage Day

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Family Day

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~rom:LIUNA Local 1059 To: 14163267367 01/31/2017 09:16 #100 P.026/031

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Whenever Heritage Day shall be declared a Holiday by the Government of Ontarlo under the Employment Standards act, work done on Heritage Day shall be paid at double time (2x) the current wage rates as defined in Article 14 (d).

17.02 If any of the above holidays fall on a Saturday or Sunday, such holidays shall be observed on the day or days immediately following the weekend.

17.03 When any of the above named holidays fall on a Tuesday, Wednesday or Thursday, the Employer and the Union may by mutual agreement reschedule the holiday to a Monday or a Friday.

Ai~TICLE 'i8 ·BREAKS

18.01 It is agreed that the employees covered by this Agreement shall be allowed one (1) coffee break of no less than ten (10) minutes duration on each half of their working shift.

18.02 It is further agreed that employees covered by this Agreement will be allowed a half an hour lunch break. It is also agreed that no employee shall be required to work more than five (5) hours without a lunch break. The Employer agrees that all efforts will be .made to its employees to take their lunch breaks at the proper time.

ARTICLE 19 a EMPLOYER REMITTANCES

19.01 The Employer agrees to contribute, effective April 1, 2014 two dollars and eighty cents ($2.80), effective April 1, 2015 two dollars and ninety cents ($2.90) and effective April 1, 2016 three dollars ($3.00), for each hour earned by the employees covered by this Agreement to the jointly and equally trusted LIUNA Local 1059 Benefit Trust Fund or designated alternative.

19.02 The Employer agrees to contribute, effective April 1, 2014 two dollars and eighty-seven cents ($2.87), effective April 1, 2015 three doilars and fiftyfour cents ($3.54) and effective April 1, 2016 four dollars and twenty-one cents ($4.21 ), for ear:h hour P~rned by the emritoyee.s covPred by this Agreement, to the Labourers' Pension Fund of Central and Eastern Canada.

'19.03 The Employer agrees to contribute twenty-five cents ($0.25) for each hour earned by the employees covered by this Agreement, to the Labourers' International Union of North America, Local 1059 Training Trust Fund.

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19.04 The Employer agrees to deduct from each employee covered by the terms of this Agreement, working dues at th.e rate of two percent (2%) per each hour earned from the employee hourly wage rate and O.P.D.C. dues at forty cents ($0.40) per hour and be remitted to the Union.

The aforesaid remittances shall be made in conformity with Article 19.06.

19.05 The Employer agrees to dP.duct an amount es directed by the Un!on, per hour worked on a weekly basis from each employee's weekly gross wages, payable to a Group R.R.S.P. as directed in writing by the Union. Such monies shall be remitted to the Union.

19.06 The Employer agrees to hold harmless and indemnify the Union and the Welfare and Pension Trustees against any liability incurred as a result of the contribution in Subsection 3 above.

19.07 Contributions and remittances into the Welfare, Pension, R.R.S.P. and Training Funds, and Union working dues or union monthly dues payable to the Union, shall be made prior to the fifteenth ('15th) day of the month following the month in which such hours were worked an shall be accompanied by a remittance report for each employee on the form prescribed by the Board of Employer-Union Trustees of the Fund. The monthly report and contribution shall include all obligations arising from hours worked up the close of the Employer payroll ending nearest to the last day of the preceding calendar month.

19.08 Articles 19.01, 19.02, 19.03, 19.04 and 19.05 above shall not. be applicable to those probationary employees who are non~members of Locai 1059, hired in conformity with Article 3.06 (b) (probationary employees).

19.09 The Union, with thirty (30) days notice, may amend the amount of contributions for R.R.S.P., Pension, Welfare, or Training, but nuch adjustments shall not effect the total wage package.

19.10 In the event the Employer fails to remit any contributions, deductions or remittances for the benefit plan, the pension plan, dues, fees, assessments for training fund, by the fifteenth (15th) of the month due, the Employer shall pay to the appropriate fund as liquidated damages and not as a penalty, an amount equal to two percent (2%) per month, compounded monthly fol' any delinquent contributions, deductions or remittances fifteen days in arre5rs calculated from the date due provided the Employer has received five (5) days prior, written notice to correct such delinquency and has not done so.

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19 .11 Deemed assignment of compensation under the Employment Standards Amendment Act, '1991.

The Trustees of the employee benefit plans referred to in this Collective Agreement shall promptly notify the Union of the failure of any employer to pay any employee benefit contributions requirerl to be made under this Collective Agreement and which are owed under the said plans, in ordet that the Program Administrator of the Employee Wage Protect.i'ln Program may deem that there has been as assignment of compensation under the said Program in compliance with the Regulation to the Employment Standards Act, 1991, in relation to the Employee Wage Protection Progmm and this Article is for the sole purpose of Ont. Reg. 590/91 under the Employment Standards Act

19.12 The Employer agrees to contribute five cents ($0.05) per hour earned by the employees covered by this Collective Agreement, to the Tri-Fund and remit same to the Union.

ARTICLE 20 • JURISDICTIONAL DISPUTES

20.01 When a work claim dispute arises between the Union which is a party. to this Agreement and any other union or org:anizatinn which cannot be settled to the satisfaction of all parties concerned, work shall proceed without stoppage. Such a di~pute shall forthwith be processed as a complain to the Ontario Labour Relations Board under the Ontario Labour Relations Act and in the meantime Work will be assigned by the Employer to the labourers until it is otherwise directed by the Board.

ARTICLE 21 • HARDSHIP CLAU_SE

21.01 Where a particular clause, article or prov1s1on contained within this AgreGment works a hardship on either party during the life of this Agreement, the parties shall meet and may amend, add or delete such clause, article or provision and such Agreement will form part of this Agreement commencing from the effective date.

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ARTl.9:-E 22 ~ Dll_RATIO~

22.01 This Agreement shall become effective on the 2nd day of April, 2014, and shall remain in effect until the 1st day of April, 2017, and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination or proposed revision of this Agreement not more than ninety (90) days and not less than thirty (30) days before the 151 day of April, 2017 or in a like period in any year thereafter. On receipt of sut:h notice the parties of this Agreement shall convene a maeting within fri'1een (15) qays and bargain in good faith to endeavour to reach an agreement.

Dated at London1 Ontario, this 15th day of April, 2014.

FOR THE EMPLOYER:

~ McKelvey Contracting Ltd.

~·~~ ~~· oyal Fence Ltd.

~<j-~ Touchstone Site Contractors Inc.

Imperial Fence

210873 Ontario Inc. of a Onsite Contractors

;, -~. ; : ;, i' - I,

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SCHEDULE 1A1 ~WAGE RATES

SOUND BARRIER/PRl:CAST INSTALLATIOM

GROUP A - PROBATIONARY (Direct hire employee less than three (3) months from date of hire) Effective Union OPDC Hourly Vacation Pension Benefits Training Tri Fund Total Date Adm in Adm in Wage Pay(10%) Package

Rate

Apr. 1/14 0.51 0.40 21.45 2.14 2.81 2.80 0.25 0.05 29.50

~P.r.:_}_/J.§__ 0.52 0.40 21.45 2.14 3.48 2.90 0.25 O.Of. 30.27 -----· --... --. -......... -·- ----- ·~--· --A 1/1111 • J.~r. .. 0./34 0.'10 21 /!5 2.14 4.15 3.CO 0 .. 30 O.GG1 Zi;l.GG

GROUP B - LABOURER Effective Union OPDC Hourly Vacation ·· Pension ·-~benefits Training Tri Fund Total Date Adm in Adm in Wage Pay(10%) Package

Rate

Apr. 1/14 0.51 0.40 24.00 2.40 4.12 2.80 0.25 0.05 33.62

Apr. 1/15 0.52 0.40 24.09 2.41 4.79 2.90 0.25 0.05 34.49

Apr. 1/16. 0.54 0.40 24.19 2.42 5.46 3.00 0.30 0.05 35.42

GROUP C - LABOURER (More than two (2) years with their current employers}

E:'.~ Union OPDC Hourly Vacation Pension Benefits Training Tri Fund Tot<ll e . Adm in Adm in Wage Pay{10%) Package

Rate ~IS'r.': -Apr. 1/14 .0.51 0.40 25.03 2.50 4.12 2.80 0.25 0.05 34.75

Apr. 1/15 0.52 0.40 25.14 2.52 4.79 2.90 0.25 0.05 35.65

~-1116 0.54 0.40 25.27 2.&3 5.46 3.00 0.30 0.05 36.61

GROUP D - LEAD HAND AZJDZ DRIVER Effective Union

1.0PDC Hourly Vacation Pension !Benefits ITraining Fri Fund ITotat I

t.b.tn JI.ct min /\':.!min VVcg'3 P~y(10%} ~ . . ~ ' ~? tmi.iktt,g0 ~

'- I l1atc I ~-=='"''"'"'''''i " " l~-a:::im.-: D:IY~ ~--;:: 4J . "'r --~~

Apr. 1/14 0.51 0.40 27.08 2.71 4.12 2.80 0.25 0.05 37.01 ·- ... ..., ......

!Apr. 1/15 0.52 0.40 27.25 2.73 4.79 2.90 0.25 " 0.05 37.97

Apr. 1/16 0.54 0.40 27.42 2.75 5.46 3.00 0.30 0.05 33.98

GROUP E - WORKING FORF.MAN l Eff:o!ctiv::•i Un~.r;n OPDC Hourly ~'aect~;on Pension .'Senefit:;

ll ~"' : Tr ciiilin·,g PWYF-fff,;J-i7~,_

Date Ad min Adm in Wage Pay (10%) Package Rate ......._ ..

Apr. 1/14 0.51 0.40 29.13 2.92 4.12 2.80 0.25 0.05 39.27

Apr. 1/15 0.52 0.40 29.36 2.94 4.79 2.90 0.25 0.05 40.29 r--:.. ...... _

~r. 1/16 0.54 0.40 29.59 2.96 5.46 3.00 0.30 0.05 41.36

.~ , . , . ~ r , .


0 •

SCHEDULE 'A' - WAGE RATES

FENCING/GUARD RAIL GROUP A- PROBATIONARY {Direct hire employees less than 'l:fn~ie (3l monttig:; frolfll1\ ~11*' o!f hi~} ~Eff0ctiveJ·1un1on'", ,~ o'Poc·~"" H'our!Y~= vacation PenSiOr11'8enefits-1TraininQ ITri Funrl lTnt91 n ~:.iate Acimin Admin WagF.i Pay ("10%) ~ i ~ I Package

nc.te -Apr. 1/14 0.51 0.40 16.54 1.65 2.87 2.80 0.25 0.05 24.16

Apr, 1/15 0.52 0.40 16.54 1.65 3.54 2.90 0.25 0.05 24.93

Apr. 1/16 0.54 0.40 16.54 1.65 4.21 3.00 0.30 0.05 25.75

GROUP S - LABOURER Effective Union OPDC Hourly Vacation Pension Benefits Tr"aining Tri Fliiid~ Total Date Adm in Ad min Wage Pay (10%) Package

Rate

Apr, 1/14 0.51 0.40 21.38 2.13 2.87 2.80 0.25 0.05 29.48 -~P..~: __ 1/15 0.52 0.40 21.38 2.13 3.54 2.90 0.25 0.05 30.25

Apr. 1/16 0.54 0.40 21.38 2.13 4.21 3.00 0.30 0.05 31.07

GROUP C - LABOURER (More than two (2) years with their current em?loyer) I Effective Union OPDC Hourly Vacation Pension Benefits Training Tri Fund Total Date Adm in Adm in Wage Pay (10%) Package

I Rate

~2~1111_~-·.:.... 0.51 _,_ 0.40 24.85 .2.49 . 2.87 . 2.80 "'· 0.25. ,;,..; . i0.05' 33.31 •

[il\ei; :lri ~-· :.._..:......Q;.igL ... _..9.:.~ ---·~~ .. -~'L .. - .. -1:.~9_. --1:§.4.J ___ ~~9..Q. -..... - .. o~5 '.,,,_.,_,o.o~ ·--~-·.~:E · ~r. 1116 I o.s4 ! 0.40 I -.- 2s.04 ! 2.so 4.211 3.00 J ~..Q12..l 0.051 - 35.10

GROUP D - LEAD HAND AZ/DZ DRIVER Effective Union OPDC Hourly Vacation Pension Bene lits Training Tri Fund Total Date Adm in Adm in Wage Pay (10%) Pacl~age

Rate

8.£r. 1/1~ 0.51 0.40 26.90 2.70 2.87 2.80 0.25 0.05 35.57

Apr. 1/15 0.52 0.40 27.04 2.71 3.54 2.90 0.25 0.05. 36.49

!~pr. 1/16 0.54 0.40 27.19 2.72 4.21 3.00 0.30 0.05 37.47

GROUP E - WORK:ma FOREMAN Effective Union OPDC Hourly Vacation Pension Benefrts Training Tri Fund Total Date Adm in Adm in Wage Pay (10%) Package

Rate

Apr. 1/14 0.51 0.40 29.99 3.00 2.87 2.80 0.25 0.05 38.96 - ·~·-

~.1/15 0.52 0.40 30.21 3.02 3.54 2.90 0.25 0.05 39.97

~r. 1/16 0.54 0.40 30.43 3.04 4.21 3.00 0.30 0.05 41.03

i ,.,

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