AMS ERS - Ontario Industrial... · AMS ERS LOCAL UNION 230 . MEMORANDUM OF AGREEMENT made this 1st...

AGREEMENT

Between:

Muskoka Ready Mix Inc. (Hereinafter referred to as the "Employer")

And

Teamsters Local Union No. 230, Affiliated with the International Brotherhood of Teamsters

(Hereinafter referred to as the "Union")

Expiry: November 30th, 2019

AMS ERS LOCAL UNION 230

MEMORANDUM OF AGREEMENT made this 1st day of December 2016.

BETWEEN:

MUSKOKA READY MIX INC. (Hereinafter called the "Employer")

OF THE FIRST PART

AND

TEAMSTERS LOCAL UNION NO. 230, Affiliated with the International Brotherhood of Teamsters

(Hereinafter called the "Union") OF THE SECOND PART

ARTICLE 1 -INTENT AND PURPOSE

1.0 I The purpose of this Agreement is to provide orderly collective bargaining relations between the Company and its Employees covered by this Agreement through the Union to secure prompt and fair disposition of grievances, to secure the efficient operations of the Company's business without interruption or interference with work, and to provide fair wages, hours and working conditions for the Employees. It is recognized by this Agreement to be the duty of the Company, the Union and the Employees to co-operate fully, individually and collectively for the advancement of the said conditions.

ARTICLE 2 -COVERAGE

2.0 I The Employer recognizes the Union as the exclusive bargaining agent for all Employees employed or working out ofMuskoka Ready Mix Limited as its plants in Port Sydney on Stevenson Road 8, and Burks Falls, save and except foremen, persons above the rank of foremen, office and sales staff.

2.02 The Employer agrees not to enter into any agreement or contract with his Employees as described in the preceding paragraph 2.01, individually or collectively, which in any way conflicts with the terms and conditions of this Agreement.

ARTICLE 3 -UNION SECURITY

3.01 The Employer agrees that all present Employees covered by this Agreement, except new Employees during their probationary period shall, as a condition of employment, become and remain members of the Union in good standing.

3.02 All Employees hired on or after the signing of this Agreement shall, as a condition of employment, become members of the Union as soon as their probationary period is completed, and maintain such membership in good standing for the duration of the Agreement.

3.03 The Employer agrees that when new Employees are hired, they shall sign an Application For Membership in the Union, and also, a Union Dues and Initiation Fee deduction form on the date of hire; such forms to be supplied by the Union. The Employer will forward this form to the Union at the same time as Union dues are remitted.

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3.04 The Employer agrees to deduct regular monthly Union dues from the first pay due each eligible Employee in each month and to remit the monies so deducted on or before the fifteenth of the month.

Eligible Employees are those for whom the Union has supplied the Employer with dues deduction authorizations.

The Employer further agrees, on receipt of proper authorization, to deduct the Union Initiation Fee, in two equal weekly installments within thirty calendar days immediately following the completion of the Employee's probationary period, and to remit such deductions to the Union.

3.05 The Employer will, at the time of making each remittance to the Union specify the Employees from whose pay such deductions were made, and if no deduction is made specify the reason.

The Secretary-Treasurer of the Union shall notify the Employer by letter upon the signing of this Agreement of the amount of monthly dues, and shall keep the Employer informed of any changes during the terms of this Agreement.

3.06 If an Employee is absent and has not sufficient pay to his credit, his Union dues shall accumulate and shall be deducted upon his return to work. New Employees shall be required to pay dues for the month in which their probationary period terminates, provided the date of such termination is on or before the fifteenth day of the month.

3.07 The Employer will not be required to dismiss or suspend Employees from employment who have been expelled or suspended by the Union, unless such expulsion or suspension by the Union was for just cause.

3.08 The Employer shall show the yearly Union monthly dues deduction on the Employee's T4 slip.

ARTICLE 4- MANAGEMENT RIGHTS

4.0 I The Employer shall be entitled to exercise all the customary rights of management and without limiting the generality of the foregoing, management functions shall include:

(a) The right to maintain order, discipline, and efficiency and in connection therewith to make, alter and enforce from time to time reasonable rules and regulations, policies, and practices to be observed by its Employees; the right to discipline or discharge Employees for just cause provided that a claim for unjust discipline or discharge may be the subject matter of the grievance and dealt with as hereinafter provided.

(b) The right to select, hire, transfer, assign to shifts, promote, demote, classify, lay off, recall Employees, and select Employees for positions excluded from the bargaining unit.

Muskoka Ready Mix Inc. Expiry Date: November 301

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(c) The right to determine the location of operations and their curtailment of the expansion, and direction of working forces, the sub-contracting of work, the schedules of operations, the number of shifts, the methods, processes and means of production, job content, quality and quantity standards, the right to decide on the number of Employees needed by the Employer at any time, starting and quitting times, the determination of financial polices, including general accounting procedures, and customer relations are solely and exclusively the responsibility of the Employer.

(d) The sole and exclusive jurisdiction over all operations, buildings, machinery, equipment and Employees shall be vested in the Employer.

(e) The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this Agreement.

(f) If an Employee is required to sign a reprimand it is understood that the signing is for the purpose of recording the receipt for same.

ARTICLE 5- STEWARDS

5.01 One Steward and Alternate Steward shall be selected from the Company's plant in Parry Sound on Highway #69. The Employer will recognize the Stewards as Employees in the bargaining unit who are designated as such by the Union. The Union shall notify the Employer in writing of the names of such Stewards when selected.

5.02 No Steward shall leave his work to investigate or process any grievance or to negotiate with the Employer without prior consent of the Employer which will not be unreasonably withheld.

5.03 The Employer will pay Stewards at their regular straight time hourly rate for all regular time lost in investigating or processing grievances provided that, in the opinion of the Employer, the amount of time so spent is not unreasonable. Abuse of this provision of the Collective Agreement is subject to the filing of a grievance by the Employer.

5.04 For the purpose oflay-off, recall from lay-off and daily call-in, the Union Steward shall have top seniority in his yard.

ARTICLE 6- GRIEVANCE PROCEDURE

6.01 Any differences, disputes or complaints arising over the interpretation or application of this Agreement shall be submitted in writing in triplicate on forms supplied by the Union and signed by the Employee within five (5) working days after the circumstances giving rise to such grievance occurred. There shall be an earnest effort on part of both parties to settle such grievance promptly through the following steps.


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Step No.1.

Step No.2.

By a conference between the aggrieved Employee and his immediate Supervisor. The Employee may be accompanied by his Steward. The Foreman shall give his decision within two (2) working days. Failing settlement then;

Within five (5) working days following the decision in Step No. 1, an official or officials of the Union shall meet with representatives of the Employer, at which time the written record of the grievance shall be presented. The decision shall be given in writing within ten (1 0) full working days following this meeting.

6.02 Failing settlement under Step No. 2 of any difference between the parties arising from the interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if no written request for arbitration is received within ten (10) full working days after the decision in Step No.2 is given, it shall be deemed to have been abandoned.

6.03 No complaint or grievance may be submitted or considered under the grievance procedure unless it has been presented within five ( 5) working days for the time of its occurrence.

6.04 A Union policy grievance, which is defined as a grievance affecting all or the majority of the Employees in the bargaining unit, concerning which an individual Employee could not grieve, may be presented by the Union official within ten (10) working days of the occurrence giving rise to the grievance. Similarly, the Employer may file a grievance within ten (I 0) working days of the event giving rise to the grievance.

6.05 No grievance may be submitted concerning the termination of employment, lay-off, or disciplining of a probationary Employee.

6.06 A claim by an Employee that he has been unjustly discharged, suspended or laid off shall be treated as a grievance and may be taken up under Step No.2 of the Grievance Procedure provided a written statement of such grievance is lodged with the Employer within five (5) working days after the discharge, suspension or lay-off is effected. Such special grievance may be settled under the Grievance Procedure by:

(a) confirming the Employer's action in dismissing, suspending or laying off the Employee;

(b) reinstating the Employee with full compensation for time lost, or

(c) by any other arrangement which may be deemed just and equitable.

Muskoka Ready Mix Inc. Expiry Date: November 301h, 2019 Page 5

ARTICLE 7- ARBITRATION

7.01 When either party request that a dispute be submitted to arbitration as hereinbefore provided, is shall notify the other party in writing and at the same time nominate an arbitrator. Within ten (10) full working days thereafter the other party shall nominate an arbitrator and advised the other party to this Agreement, in writing the name of the nominee.

The two arbitrators so nominated shall attempt to select by agreement, a Chairman of the Arbitration Board. If they are unable to agree upon a Chairman within a period often (10) full days following the date of their appointment, they will request the Minister of Labour for the Province of Ontario to appoint a Chairman

7.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settled this grievance.

7.03 No matter may be submitted to arbitration which has not been properly carried through the proper steps of the Grievance Procedure.

7.04 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, not to alter, modify or amend any part of this Agreement. The Board, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board.

7.05 The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of a majority of such Board will be final and binding upon the parties hereto and the Employee concerned.

7.06 Each of the parties hereto will bear the expense of the arbitrator appointed by it, and the parties will jointly bear the expense of the Chairman of the Arbitration Board.

7.07 If it is mutually agreed by the Employer and Union, a single Arbitrator may be substituted for the Arbitration Board mentioned above and the provisions herein shall apply.

ARTICLE 8- NO STRIKE, NO LOCKOUT

8.01 During the terms of the Agreement, the Union agrees that there shall be no strike, and the Employer agrees that there shall be no lockout.

8.02 The words "strike" and "lockout" in the Agreement shall mean "strike and "lockout" as defined in the Ontario Labour Relations Act.

8.03 Any employee who violates Article 8.01 shall be subject to discipline, including discharge.


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ARTICLE 9- HOURS OF WORK AND OVERTIME

9.01 The work week shall consist of forty (40) hours each week, Monday through Friday, inclusive.

9.02 It is understood that Employees shall take one-half hour for lunch without pay during the working period, at a time designated by the dispatcher between 12:00 noon and to be completed by 1:30 p.m.

9.03 When an Employee requires an additional meal period, he may arrange with the dispatcher for an extra Y2 hour off without pay.

9.04 The Employer does not guarantee to provide work for any Employee for regularly assigned hours or for any other hours.

9.05 Time and one-half will be paid for all hours work in excess for forty (40) hours per week.

9.06 Time and one-half will be paid for all hours worked on Saturday. Double time on Sunday and/or Statutory Holidays. All work performed on Saturdays shall be voluntary.

9.07 Overtime will be distributed by the Employer as equitably as practicable.

ARTICLE 10- OTHER WORK

10.01 When an Employee's usual work is temporarily not available, he may be required to perform any work which the Employer has for him, with the understanding that when such an Employee is assigned to a job with a lesser rate of pay, his regular rate of pay will be continued. It is understood and agreed that this will not result in the lay-off of an employee within the classification to which another employee has been temporarily assigned.

10.02 In those instances where an Employee is assigned to other work because he has not been satisfactorily performing his work, or where he is regularly assigned to a lower rated job because of lack of work in his regular job in order to avoid laying him off, the Employee will accept the rate of pay for the job to which he is assigned.

ARTICLE 11 -SENIORITY

11.01 Seniority is the principle of granting preference to Employees in accordance with the length of continuous service with the Employer. ·

11.02 New Employees shall service a probationary period of sixty (60) working days before acquiring seniority rights which shall then date back to their respective date of starting to work with the Employer. Probationary Employees may be discharged without cause and without entitling the Employee to recourse to the Grievance Procedure.


11.03 The Employer will consider the requirements and efficiency of operations and the ability, training, and skill of the individual to perform the normal required work in determining which Employee is to be laid off or recalled from lay-off and where these are, in the opinion of the Employer, equal, the Employee with the greatest depot-wide seniority will be the last to be laid off, and conversely the first to be recalled from lay-off. For the purpose ofthis Article, lay-off means a lay-off for more than twenty-four hours.

11.04 Seniority lists will be supplied to the Union and posted on the bulletin board on January 1st and July 1st of each year of this Agreement.

11.05 Seniority, once established for an Employee, shall be forfeited under the following conditions:

(a) if he voluntarily quits;

(b) if he is discharged for any cause and not reinstated through the Grievance Procedure;

(c) if he fails to report for duty after a lay-off or leave of absence in accordance with the provisions of this agreement;

(d) if 12 months have elapsed from the day oflay-off; or

(e) if he is absent from work for more than three (3) consecutive working days without notifying the Employer, unless in the circumstances it was not possible for the employee to give notice to the Employer.

11.06 When recalling an Employee after lay-off he shall be notified by registered mail, telegram or telephone and be allowed five (5) working days to report for work and in the meantime if an Employee is recalled and is not immediately available for work, other Employees in seniority standing shall be recalled but shall be temporarily employed until the seniority Employee reports within the five (5) day period as outlined. An Employee receiving a registered letter or telegram in accordance with this Article must contact the Employer within 48 hours of receipt of the notice to return to work if he wishes the Employer to hold the job open for him for the full five (5) days period. It shall be the Employee's responsibility to keep the Employer notified as to change of addresses and their telephone numbers so that they will be up date at all times.

11.07 In the event an Employee is demoted or suspended as a disciplinary measure, he shall retain all seniority rights when the penalty terminates.


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11.08 If an Employee is transferred out of the bargaining unit, he shall retain the seniority he has accumulated while in the bargaining unit. If such appointment is for a period of one year or more, the Employee on return to the bargaining unit shall count the seniority he has accumulated while in the bargaining unit plus one year's seniority while outside the unit. If the transfer is less than a year, the Employee shall count only the time in the bargaining unit plus the period outside the unit.

ARTICLE U- EMPLOYEE'S ADDRESS AND TELEPHONE NUMBER

12.01 It is the Employee's responsibility to keep the Employer advised as to his address and telephone number.

ARTICLE 13- VACATIONS

13.01 Each Employee will be granted a vacation with pay as follows:

(a) Two (2) weeks at 4% of his total earnings for the previous year after the completion of one (1) year of employment with the Company.

(b) Three (3) weeks at 6% of his total earnings for the previous year after the completion of five (5) years of employment with the Company.

(c) Four ( 4) weeks at 8% of his total earnings for the previous year after the completion of ten (I 0) years of employment with the Company.

(d) Four ( 4) weeks at 9% of his total earnings for the previous year after the completion of fifteen (15) years of employment with the Company.

(e) Five (5) weeks at 10% of his total earnings for the previous year after the completion of twenty-two (22) years of employment with the Company.

13.02 If a paid holiday falls within an Employee's vacation period, he shall be granted another day with pay or a day's pay in lieu thereof. The option shall rest with the Company and the Employee shall be advised of the decision prior to going on his vacation.

13.03 Vacation shall be scheduled to commence as of January 1st, each year and to be completed as of December 3 P1

, of that year. Any Employee wishing to make an exception to this may do so only through mutual agreement with the Employer.

13.04 So that Employees may select their vacation according to seniority, lists will be posted on Bulletin Boards by January 1st, so that the Employees will select, within a reasonable time, the vacation period he desires. No changes may be made except by mutual agreement of the Employees concerned after May 1st.

13.05 Each Employee shall take yearly the full vacation period to which he is entitled, except as provided for in 13.01 above.


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13.06 If an Employee's employment is terminated for any reason whatsoever, he will be paid his accumulated vacation credits from the previous July 1st.

ARTICLE 14- WELFARE

14.01 (a) The Employer shall pay the full premium cost of a Group Life Insurance Policy in the amount of $35,000.00 and Accidental Death & Dismemberment Insurance

in the amount of $35,000.00 for all Employees who have completed their probationary period. The Employer shall pay the Weekly Indemnity Insurance equivalent to E.I. maximum on a 1/1/7/15 basis.

Introduction of a Long-Term Disability Plan to provide a maximum benefit of $800.00 per month beginning in Week 16 (non-integrated), with a maximum 5 (five) Year coverage period.

(Note: the Company will provide benefits as outlined in Article 14 during the Short-Term Disability coverage period only)

(b) Extended Health Medical Plan to cover 80% reimbursement of costs. (Drugs- $25,000.00 cap per year family member) and eliminate semi-private hospital and orthotics care.

(c) A Dental Plan increase to $1,800.00/yr. per family member at an 80% reimbursement of cost. 9-month recall schedule except for family members 16 years of age or less. Eliminate non-stainless crown/bridgework.

(d) Vision Care coverage of300.00 per family member every two years.

(e) R.R.S.P. Pension Plan

The Company will contribute the following for each Employee covered by this Agreement:

Effective: Effective: Effective:

December Pt, 2016 December 1'1, 2017 December 1"1

, 2018

$2.30 cents per hour worked $2.60 cents per hour worked $2.95 cents per hour worked

14.02 All of the benefits referred to in Article 14.01 above shall be as more particularly described the relevant policies of insurance. Any disputes relating to entitlement to benefits under these plans shall be adjusted directly between the Employee and the insurance company concerned. The Employer reserves the right to change insurance carrier at any time, provided that substantially the same level of benefits is maintained.

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14.03 The Employer shall continue to pay the premium cost of the benefits referred to above for an Employee who is laid off up to the end of the month in which the lay off occurs.

An Employee recalled after lay-off shall be covered for the month he is recalled provided he works four ( 4) days or more in the month.

All laid off Employees will be given the option (at the Employee's cost) to maintain benefit coverage if the minimum number of days are not met.

14.04 All other welfare coverage to be in effect the 1st day of the month following completion of 90 calendar days of employment.

ARTICLE 15- RATES OF PAY

15.01 The Employer agrees to pay and the Union agrees to accept for this Agreement, the following hourly wage rates:

(Wage shall be paid by-weekly by cash or cheque not later than Friday)

Classification December 1, 2016 December 1, 2017 December 1, 2018 Hatchers Mechanic $24.85 $25.15 $25.50 Ready Mix Drivers $22.10 $22.40 $22.75 Stone Slinger $21.85 $21.85 $21 .85 Tractor Trailer Driver Pump Truck Operator $3.00 over and above $3.00 over and above $3.00 over and above

the Ready-Mix Driver the Ready-Mix Driver the Ready-Mix Driver Rate Rate Rate

Conveyor Rate is one dollar fifty ($1.50) per hour above Ready-Mix Drivers rate Driver Trainer will be paid $1.00 premium over and above the Ready-Mix Driver Rate

The exception to the rates outlined above will be in the event that a student is hired for the period April- September he/she will receive 75% ofthe rates outlined.

For all new Employees and Employees with less than four (4) years of seniority, the graduated pay will change to read as follows:

Year 1 - $2.25 Less per hour Year 2 - $1.50 Less per hour Year 3- $0.75 Less per hour

Muskoka Ready Mix Inc. Expiry Date: November 30'\ 2019 Page 11

ARTICLE 16- PAID HOLIDAYS

16.01 The following paid Holidays, regardless of when they fall, will be granted to all Employees with pay

New Year' s Day Civic Holiday Good Friday Labour Day Victoria Day Thanksgiving Day Canada Day Christmas Day Boxing Day Family Day

Civic Holiday to be the first Monday in August of any year as a paid Holiday

The basis of pay will be eight (8) hours at the straight time rate.

If any of the above mention days are worked, they shall be paid for at double time for such hours worked, in addition to the Holiday pay.

16.02 An Employee will be paid for a Holiday provided he;

(a) works his regular scheduled day of work before or his regular scheduled day of work after the Holiday, unless he is excused by the Employer.

(b) he has earned wages on at least twelve (12) days during the four (4) weeks immediately preceding the Holiday.

16.03 For the purpose of calculating overtime under Article 9.05, the eight (8) hours paid will be included in the forty ( 40) hours base used in determining the number of overtime hours. The following paid Holidays include:

CanadaDa

ARTICLE 17- WORKING CONDITIONS

17.01 Employees shall report immediately to the Employer any and all loss, damage or shortage of merchandise or equipment, together with a statement of the cause thereof.

17.02 Employees shall report immediately, in complete detail, all accidents, including the names and addresses of all witnesses to the accident.

17.03 Employees shall report promptly to the Employer in writing all defects in equipment when completing their run. The Company shall supply the forms.


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17.04 No Employees shall be compelled to take out equipment which, in the opinion of the Employer's master mechanic or the deputy named by the Employer, is not in good mechanical condition.

17.05 No Employee shall allow anyone other than the Employee ofthe Employer who are on duty to ride on his truck.

17.06 The Employer agrees to supply the Employees with protective two-part rain clothes and insulated gloves.

17.07 The Employer agrees to pay to each Employee towards the cost of purchasing Personal Protective Equipment including safety boots with proof of purchase.

Effective December 1, 2016 Effective December 1, 2017 Effective December 1. 2018

ARTICLE 18- COFFEE BREAKS

$275.00 $275.00 $275.00

18.01 A coffee break of fifteen minutes away from work will be provided during the second and third hours of each half-day that an Employee works.

18.02 If, having regard to the nature ofthe work in which the Employee is engaged and the schedule of production, it is not reasonably practicable to take such relief at the time specified in Article 18.01, the Employee shall take such relief at some other time during the half-day.

ARTICLE 19- BULLETIN BOARDS

19.01 The Employer will provide bulletin boards in mutually satisfactorily locations in all yards for the use of the Union in posting notices of Union activities, provided that all notices shall receive the prior approval of Management.

ARTICLE 20- UNION CO-OPERATION

20.01 The Union agrees to uphold the rules of the Employer in regard to punctual and steady attendance, proper and sufficient notice in case of necessary absence, conduct on the job, and all other reasonable rules established by the Employer and not conflicting with this Agreement.

20.02 The Union agrees to co-operate with the Employer in maintaining and improving safe working conditions and practices; in improving the cleanliness and good housekeeping of the premises, machinery and equipment, and in upholding the laws in reference to driving.


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20.03 The Union recognizes the need for improved methods and output in the interests of the employees and the business, and agrees to co-operate with the Employer in the installation of such methods, and in the education of its members in the necessity of such changes and improvements.

20.04 The Union recognizes the need for conservation and the elimination of waste and agrees to co-operate with the Employer in suggesting and practicing methods in the interest of conservation and waste elimination.

ARTICLE 21 -REPORTING ALLOWANCE

21.01 Any Employee who reports for work unless previously notified not to report and is sent home because no work is available for any reasons shall be paid the equivalent to four ( 4) hours at his regular straight time hourly rate provided that such lack of work is not caused by machine breakdown, power failure, or any event outside the control of the Employer, or provided further that such Employee must be required to perform such alternative work as may be available.

21.02 The Employer shall call the Employees by seniority to work ifthere is any concrete to be delivered.

ARTICLE 22- MEAL ALLOWANCE

22.01 Employees and Mechanics required to work in excess of nine and one-halfhours in any day, shall be provided with a meal not exceeding $4.50 at the Employer's expense and shall be granted one-half hour for such mealtime provided such mealtime is taken by the Employee at a time which is reasonable, having regard to the nature of the overtime work which the Employee is engaged in.

ARTICLE 23 - REPORTING SICK, ETC.

23.01 It is the responsibility ofthe Employee to advise the Employer before 8:00a.m. ifthe Employee is sick, or through an emergency, is unable to report for work that day. In case of sickness, the Employee may be required to produce a doctor's certificate as to the reason for his absence. Unavoidable emergencies will be judged on their merits.

23.02 It is the responsibility of an Employee who has been offwork through being on compensation, sickness or an unavoidable emergency which as been reported, to advise the Employer by 3:00p.m. of the work day that he will report for work on the following work day.


ARTICLE 24- BEREAVEMENT PAY

24.01 In the event of the death of a member of an Employee's family, the Employee will be granted a leave of absence and will be reimbursed for time necessarily lost from work up to a maximum of three days. This allowance will only be made where the circumstances require the Employee's absence from work to make arrangements for and/or to attend the funeral. The terms "a member of an Employee's family" means, a husband, wife, child, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, and grandchildren.

ARTICLE 25- JURY DUTY

25.01 The Employer shall pay an Employee who is require for jury service for each day of service the difference between his average straight time hourly rate for the number of hours he normally works on his regular shift and the payment he receives for jury service.

ARTICLE 26- PAY ON DAY OF INJURY

26.01 An Employee hurt in an industrial accident shall be paid for the time lost on the day he was injured at his regular daily earnings including any overtime premium and applicable shift differential.

26.02 The Employer shall provide transportation to and from the place of medical treatment required.

26.03 It is not the intent of the above provisions to make the Employer responsible for the payment of such time and transportation which is compensated by the Workplace Safety Insurance Board.

ARTICLE 27- JOB POSTING

27.01 The Company shall post all new jobs and initial vacancies coming within the scope of this Agreement on Company bulletin boards.

27.02 Notice of such vacancy shall be posted for seven (7) days. The vacancy shall be filled based upon the Employee's seniority and ability to do the job.

ARTICLE 28- DURATION OF AGREEMENT

28.01 Unless changed by mutual consent, the terms of this Agreement shall continue in effect until the 301h day ofNovember, 2019 and shall continue automatically thereafter for annual periods of one (1) year unless either party notified the other in writing within a period of ninety (90) days immediately prior to the expiration date that it desires to amend the Agreement.


28.02 Negotiations shall begin within fifteen days following notification for amendment as provided in the preceding paragraph, or such later date as the parties may agree upon.

28.03 If, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this Agreement, or the making of a new Agreement prior to the current expiry date, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties.

IN WITNESS, WHEREOF each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives as of the date and year first above written.

FOR~

Clyde MacDuff

Dom me Colangelo, Secretary-Treasurer

Marco Posca, ~ smess Representative


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LETTER OF UNDERSTANDING

TO ALL MUSKOKA/P ARRY SOUND READY MIX EMPLOYEES

Further to the attached Memorandum of Agreement, the following operational concerns have been discussed and have met with mutual agreement.

1. The Company will promptly establish a daily vehicle checklist to assist all parties in the operation of a safe and well maintained truck fleet.

2. Under the provisions of the Occupational Health and Safety Act, the companies are required to appoint a Health and Safety representative- chosen by the Employees or the Union, the Representative will work with all parties to ensure a safe work environment.

3. In conjunction with item #2, the companies will eliminate the overloading of trucks to comply with the weight regulations established by the Ministry of Transportation.

The Union and the Employer agree to hold joint labour-management meetings on a monthly basis to discuss matters of mutual interest which are not subject matter of pending grievances.

FO~ Clyde MacDuff

~retary-Treasurer Marco Posca, &{lsiness Representative

Muskoka Ready Mix Inc. Expiry Date: November 30th, 2019 Page 17

APPENDIX "A"

DISTRIBUTION OF SATURDAY WORK

1. Management will request volunteers for all Saturday work.

2. Failure to secure the number of volunteers necessary for Saturday hours the Employer may schedule Employees in reverse order of seniority.

3. It is understood that the Employer will not require more than 4 Employees in Bracebridge and 2 Employees in Parry Sound to work on a Saturday.

4. In the event that the Employer specifically requires the use of the belt truck on a Saturday in the Bracebridge Yard, it may call in that Driver out of the seniority order to perform that work.

FO~ Clyde MacDuff

. Ca /..,

usiness Representative I

AMS ERS - Ontario Industrial... · AMS ERS LOCAL UNION 230 . MEMORANDUM OF AGREEMENT made this 1st...

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