COLLECTIVE AGREEMENT

between

The Alberta Roadbuilders & Heavy Construction Association

and

The International Union of Operating Engineers, Local Union No. 955

2013-2015

TABLE OF CONTENTS

ARTICLE 1 :00 - OBJECT ................................................................................................ 2 ARTICLE 2:00 - EXTENT ................................................................................................ 2 ARTICLE 3:00- WAGE RATES ....................................................................................... 3 ARTICLE 4:00 -WAGES ................................................................................................. 6 ARTICLE 5:00- HOURS OF WORK AND OVERTIME ................................................... 7 ARTICLE 6:00- UNION RECOGNITION ......................................................................... 9 ARTICLE 7:00- MANAGEMENT RIGHTS .................................................................... 12 ARTICLE 8:00- WORKING CONDITIONS .................................................................... 13 ARTICLE 9:00- VACATION AND GENERAL HOLIDAY PAY ....................................... 14 ARTICLE 10:00- TRANSPORTATION .......................................................................... 15 ARTICLE 11:00- DISPUTES, JURISDICTIONAL ......................................................... 16 ARTICLE 12:00- GRIEVANCE PROCEDURE .............................................................. 17 ARTICLE 13:00 -ACCIDENT PREVENTION ................................................................ 18 ARTICLE 14:00- ROOM AND BOARD ......................................................................... 19 ARTICLE 15:00- SHOW-UP AND CALL-OUT TIME .................................................... 20 ARTICLE 16:00- EMPLOYER CONTRIBUTIONS ........................................................ 20 ARTICLE 17:00- DURATION OF COLLECTIVE AGREEMENT ................................... 21 Letter of Understanding Re: Compressed Work Week ................................................. 23

COLLECTIVE AGREEMENT

By and Between:

THE ALBERTA ROADBUILDERS & HEAVY CONSTRUCTION ASSOCIATION

(hereinafter referred to as the Employer)

and

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 955

(hereinafter referred to as the Union)

in consideration of which each party, and both parties hereby covenant and agree to the following:

ARTICLE 1 :00 - OBJECT

1 :01 The object of this Collective Agreement is to stabilize the industry; elevate the trade and promote peaceful and harmonious relations between employees and individual Employers and to facilitate the peaceful and harmonious settlement of all real disputes and grievances, to prevent strikes, slow-downs and lock-outs and to avoid unreasonable delay, waste and expense in the construction industry in Alberta and that part of the Northwest Territories directly north of Alberta bounded by the Yukon border on the west and a line extended north from the Alberta­Saskatchewan border on the east.

ARTICLE 2:00 - EXTENT

2:01 This Collective Agreement shall apply to the construction and maintenance of and all work related to:

1. Highways and Roads 2. Railroads (excluding on track) 3. Parking Lots 4. Site preparation and excavation for commercial, institutional and

residential sites 5. Sidewalks, curb and gutters

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6. Irrigation structures 7. Dams 8. Air Fields 9. Hydro electric and water diversion tunnels 10. Water and sewer lines

11. Water drainage and irrigation ditches 12. Preparation for and manufacturing or production or delivery of rock,

sand and gravel aggregate or ready-mix concrete for any of the above segments.

2:02 This Collective Agreement shall not apply to work related to Industrial Construction except as specified in Appendix A to this Collective Agreement.

(a) This Collective Agreement shall not apply to excavation on sites designated for construction under the CLR - Operating Engineers Trade Division Agreement, unless mutually agreed to by the International Union of Operating Engineers, Local 955 and the Alberta Roadbuilders & Heavy Construction Association with a pre­job conference.

ARTICLE 3:00- WAGE RATES

SCHEDULE A

Classification Description

CERTIFIED JOURNEYPERSONS:

Mechanics, Welders, Bodyworkers, Electrical Mechanics, Machinists, Crane Operator- 15 ton capacity and over, Certified Survey Instrument Person;

GROUP 1 Mechanic, Welder, Bodyworker, Electrical Mechanic and Machinist; Crane - under 15 ton; Shovel, Dragline, Backhoe and similar equipment, 1% cu. yds. manufacturers rated capacity and over; Grad all; Motor Grader - Finisher; Cat - D-1 0 equivalent and over; Front End Loader - 10 cu. yd. capacity and over; Motor Scrapers 657 and over; Piledriver Operator; Hydrovac Operator (chemical cleaning, high pressure washing and vacuum services) 3000 PSI and above; Lowboy Operator (loads and unloads); Plants Operator, Asphalt and Concrete. Ticketed Boom Truck Operator, 5 ton capacity and over (Boom incorporates a power driven drum and cable). Wirtgen!Terex/Cat or equivalent for foamed asphalt.

GROUP 2 Cat D-2 to under D-1 0 equivalent with attachments, Dozer, Scraper, Ripper, Pusher; Front End Loader, 1 cu. yd. and under 10

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cu. yds.; Motor Grader; Motor Scrapers and similar equipment under Cat-657; Plants, Gravel Crushing, Screening and Washing, Soil Cement; Shovel, Dragline, Backhoe and similar equipment under 1 ~ cu. yds. manufacturers rated capacity; Tire Mechanic; Hydrovac Operator (chemical cleaning, high pressure washing and vacuum services) Below 3000 PSI; Serviceperson (fuel, oil, lube, fluids and filters); Off Highway Vehicles - 50 tons and over; Finishing Steel Roller - Asphalt; Steel Roller Breakdown - Asphalt Paver, Asphalt or Concrete; Screed -Asphalt or Concrete Paving; Slip Form Paver or Extruder; Trucks- 5 or more axle units; Planer­~ Lane and over; Concrete Pump Operator; Finish Raker.

GROUP 3 Bit Grinder; Bus Driver; A-Frame, Forklift; Cat - under D-2 with attachments; Distributor; Front End Loader under 1 cu. yd.; Gravel and Chip Spreader; Self-propelled Rubber-tired Roller- large, over 20 Ton; Self-propelled Compactor - large including spreading device, 815 equivalent and over; Soil Cement Travel Mixer; Tire Serviceperson; Plants, Assistant Operator, Asphalt, Gravel Crushing, Concrete, Screening & Washing, Soil Cement; D-6 Equivalent and larger Packer Cat, or Base Spreader/Jersey Spreader or equivalent; Trucks - 3 and 4 axle units; Off Highway Vehicles under 50 Tons; Hydrovac Swamper; Planer under~ Lane; Self-propelled Sweeper.

GROUP 4 Oiler; Steel Roller - Base; Self-propelled Rubber-tired Roller, small; Base and Paving up to 20 Ton; Seaman Mixer, pull type; Plants -Helper; Packer Cat under D-6 and equivalent; Self propelled Compactors - all other types up to 815 or equivalent; Rubber-tired Tractor; Compressor; Pump Operator; Mechanic's or Serviceperson's Helper; Trucks - 2 axle units.

Learner Operators: Learner Operators will be paid seventy-five cents (75¢) less per hour for seven hundred and fifty (750) worked hours.

APPRENTICES -SCHEDULE A & 8

Apprentices shall be covered by the terms and conditions of this Collective Agreement for the purposes of calculating pay rates as set by regulation under the Apprenticeship & Industry Training Act for Apprentice Mechanics, Welders, Bodyworkers, Electrical Mechanics, Machinists and Crane Operators.

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Wage Rates Schedule A

Effective Base Health/ *Holiday/ Classification Date Rate Welfare Pension Training Vacation

March $36.33 $1.35 $3.00 $0.05 $3.63

Certified 1/13

Journeyperson March $37.06 $1.35 $3.00 $0.05 $3.71

1/14

March $32.22 $1.35 $3.00 $0.05 $3.22

1/13 Group 1

March $32.86 $1.35 $3.00 $0.05 $3.29

1/14

March $29.36 $1.35 $3.00 $0.05 $2.94

1/13 Group 2

March $29.95 $1.35 $3.00 $0.05 $3.00

1/14

March $25.32 $1.35 $3.00 $0.05 $2.53

1/13 Group 3

March $25.83 $1.35 $3.00 $0.05 $2.58

1/14

March $21.53 $1.35 $3.00 $0.05 $2.15

1/13 Group 4

March $21.96 $1.35 $3.00 $0.05 $2.20

1/14

*Vacation Pay at six percent (6%) and General Holiday Pay at four percent (4%) on all hours worked at the straight time rates.

On July 1st thru August 2014 a review of the All Items CPI as published by Statistics Canada (cost of living) will take place. If the All Items CPI for July, 2014 is higher than the agreed to increase of two percent (2.0%), the difference will be added to the two percent (2.0%) effective July 1, 2014. If the All Items CPI for July, 2014 is lower than the agreed to wage increase of two percent (2.0%) then there will be no change.

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Gross

$44.36

$45.17

$39.84

$40.55

$36.70

$37.35

$31.87

$32.81

$28.08

$28.56

WAGE RATES TUNNEL WORK- SCHEDULE B

Effective Base Health/ *Holiday/ Classification Date Rate Welfare Pension Training Vacation

Mechanic, March Welder 1/13

$35.88 $1.35 $3.00 $0.05 $3.59 Journeyperson, Mole and similar

Mechanical March $36.60 $1.35 $3.00 $0.05 $3.66

Excavators 1/14

Cat D-5 and March larger, Mucking 1/13

$30.88 $1.35 $3.00 $0.05 $3.09 machines

(Conway 101 types) Front End March $31.50 $1.35 $3.00 Loader(over1 1/14

$0.05 $3.15 cu. yd.)

Cat under D-5 March Mucking $30.13 $1.35 $3.00 $0.05 $3.01

Machines 1/13

(Eimco over Model140) Front End March

$30.73 $1.35 $3.00 $0.05 $3.07 Loader (up to 1 1/14

cu. yd.)

March $30.13 $1.35 $3.00 $0.05 $3.01

Locomotive, 1/13

Diesel or Gas March 1/14

$30.73 $1.35 $3.00 $0.05 $3.07

March $30.13 $1.35 $3.00 $0.05 $3.01

Pumpcrete or 1/13

similar March 1/14

$30.73 $1.35 $3.00 $0.05 $3.07

*Vacation Pay at six percent (6%) and General Holiday Pay at four percent (4%) on all hours worked at the straight time rates.

On July 1st thru August 2014 a review of the All Items CPI as published by Statistics Canada (cost of living) will take place. If the All Items CPI for July, 2014 is higher than the agreed to increase of two percent (2.0%), the difference will be added to the two percent (2.0%) effective July 1, 2014. If the All Items CPI for July, 2014 is lower than the agreed to wage increase of two percent (2.0%) then there will be no change.

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Gross

$43.87

$44.66

$38.37

$39.05

$37.54

$38.20

$37.54

$38.20

$37.54

$38.20

ARTICLE 4:00- WAGES

4:01 The minimum wage rates for classifications covered by this Collective Agreement shall be as listed in above Schedules A and B.

4:02 Should new classifications, normally within the jurisdiction of the Union, be introduced during the term of this Collective Agreement, wage rates will be negotiated with a committee from the Association within thirty (30) days written notice by either party or be referred to Arbitration as hereinafter provided. Any rate changes will become effective as of the date of official notification to negotiate the wage rate.

4:03 The Employer shall, at least every second week, on the same week day, pay in cash, by cheque at par, or by direct deposit at the Employer's option, to each employee covered by this Collective Agreement, all wages, entitlements, holiday and vacation pay earned by the employee, to a day not more than seven (7) days prior to the date of payment. When payday falls on a holiday, payment will be paid on the last working day prior to the holiday. Payments made by direct deposit will be deposited to an account of the employee's choice in a bank, treasury branch, credit union, trust company or other corporation insured under the Canada Deposit Insurance Corporation Act (Canada).

Employees shall be paid wages, entitlements, holiday pay and vacation pay in full within five (5) working days of discharge or layoff along with a record of employment for E.l. purposes. When an employee quits, the Employer shall pay out such employee by the next regular payday. Pay calculation and deduction slips shall be supplied with each pay.

4:04 Quit-Discharge, Layoff-Payouts - If an Employer fails to pay monies due as provided in the second paragraph of Clause 4:03 for discharges, layoffs or quits, the Employer shall pay the employee for such time up to a maximum of eight (8) hours pay for each twenty-four (24) hours the employee is kept waiting.

Where it can be clearly shown that a clerical error has occurred the Employer shall not be penalized provided the error is corrected within one (1) working day from time of notification.

ARTICLE 5:00 - HOURS OF WORK AND OVERTIME

5:01 Hours of Work

1. Within sixty-five (65) kilometres of the City Centre of the Cities of Edmonton, Calgary, Red Deer, Lethbridge, Medicine Hat and within twenty-five (25) kilometres of the Centre of the Regional Municipality of Wood Buffalo:

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Eight (8) hours shall constitute a day's work and forty (40) hours shall constitute a week's work in each week of six (6) days, Monday to Saturday inclusive, subject to any change by a Labour Relations Board Order.

Employees required to work a scheduled shift starting at 4:00 p.m. or later, will receive a premium of:

As of date of ratification one dollar and fifty cents ($1.50) per hour, for all hours worked between 7:00 p.m. and 5:00 a.m. This premium does not attract overtime rates.

Where one of the Statutory Holidays mentioned in Clause 5:03 falls during the work week, the forty (40) straight time hours shall be reduced to thirty-two (32) hours.

2. Outside sixty-five (65) kilometres of the City Centre of the Cities of Edmonton, Calgary, Red Deer, Lethbridge, Medicine Hat and outside twenty-five (25) kilometres of the Centre of the Regional Municipality of Wood Buffalo:

Ten (1 0) hours shall constitute a day's work and forty-four (44) hours shall constitute a week's work in each week of six (6) days, Monday to Saturday inclusive, subject to any change by a Labour Relations Board Order.

Employees required to work a scheduled shift starting at 4:00 p.m. or later, will receive a premium of:

As of date of ratification one dollar and fifty cents ($1.50) per hour, for all hours worked between 7:00p.m. and 5:00a.m. This premium does not attract overtime rates.

Where one of the Statutory Holidays mentioned in Clause 5:03 falls during the work week, the forty-four (44) straight time hours shall be reduced to thirty-six (36) hours.

5:02 Overtime

1. Within sixty-five (65) kilometres of the City Centre of the Cities of Edmonton, Calgary, Red Deer, Lethbridge, Medicine Hat and within twenty-five (25) kilometres of the Centre of the Regional Municipality of Wood Buffalo:

All hours worked in excess of eight (8) hours per day or forty (40) hours per week in each week of six (6) days, Monday through

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Saturday inclusive, whichever is greater, shall be paid at one and one-half times (1 Yzx) the employee's basic hourly rate.

All work performed on Sunday shall be paid at two times (2x) the employee's basic rate.

Appropriate overtime rates shall apply until the employee has had eight (8) consecutive hours off.

2. Outside sixty-five (65) kilometres of the City Centre of the Cities of Edmonton, Calgary, Red Deer, Lethbridge, Medicine Hat and outside twenty-five (25) kilometres of the Centre of the Regional Municipality of Wood Buffalo:

All hours worked in excess of ten (1 0) hours per day or forty-four (44) hours per week in each week of six (6) days, Monday through Saturday inclusive, whichever is greater, shall be paid at one and one-half times (1 Yzx) the employee's basic hourly rate.

All work performed on Sunday shall be paid at one and one-half times (1 Yzx) the employee's basic rate.

Appropriate overtime rates shall apply until the employee has had eight (8) consecutive hours off.

5:03 General Holidays

All work performed on the following Named Holidays, shall be paid at two times (2x) the employee's basic hourly rate:

New Year's Day Family Day Good Friday Victoria Day Canada Day August Civic Holiday

Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day

and any other Holidays as declared by the Provincial or Federal Government.

No work shall be performed on Labour Day except for the preservation of life or property.

ARTICLE 6:00- UNION RECOGNITION

6:01 The Employer agrees to hire only members of Local 955 who are in possession of a dispatch slip from the Union. The Employer agrees to

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make available a copy of each dispatch slip to the Union's Job Steward. When workers are required, the Employer shall call the Union for such workers. The Employer may request former employees who have been employed by them in the previous five (5) years and the Union shall refer said former employees. If the Union is unable to supply qualified persons within twenty-four (24) hours, excluding Saturdays, Sundays and Holidays, the Employer may hire them elsewhere provided the Employer notifies the Union upon hiring such person and that such persons make application to become members of the Union prior to their commencement of employment or be replaced by competent Union members.

Notwithstanding, all employees hired by the Employer shall be required to report to the Union Office in Calgary or Edmonton, will be given and will fill out the necessary Membership registration and application paperwork prior to reporting for work. Once the employee has registered with the Union, the employee will receive a dispatch slip, in order to report for work at a specified location, and whom they are reporting to.

Notwithstanding the above, all employees hired by the Employer for work in all other areas including Fort McMurray shall be required to make application to become members of the Union within fifteen (15) days of commencement of employment or be replaced by competent Union members.

In addition to the foregoing, a dispatch request may include one (1) name hire out of each four (4) additional persons required in any one (1) dispatch request.

When an employee quits or is laid off, and the Employer reasonably believes that the employee has exhibited performance, attendance and behaviour that did not meet the Employer's expectations, the Employer shall notify the Union in writing of the name and the experience with the employee forthwith after the quit or layoff.

On out of town projects, Union employees residing within seventy (70) kms of the project shall have preference of employment, following which local residents may be hired. Such local hires shall, at the discretion of the Union become members of the Union within sixty (60) days. Employers will notify the Union of local non-union employees hired weekly by telephone or fax.

In the event that a person in possession of a dispatch slip from the Union is rejected through no fault of their own, they shall receive two (2) hours pay and any travel time and transportation costs required by this Collective Agreement.

6:02 All employees who are members in good standing of the Union and all employees who become members during the life of this Collective

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Agreement, shall as a condition of employment, maintain their membership in good standing for the duration of this Collective Agreement.

6:03 A copy of this Collective Agreement will be made available by the Union to all employees covered by this Collective Agreement, and the Employer will make available to the Union representative, upon reasonable notice, a list of all employees covered by this Collective Agreement.

6:04 Job stewards shall be recognized on all jobs covered by this Collective Agreement. The Union may appoint stewards as required provided at the time of appointment such stewards are employees of the Employer. The duties of any steward shall not conflict with their employment; however, the stewards shall be allowed a reasonable amount of time during working hours to perform the work of the Union. The Union will submit in writing to the Employer the names of the stewards appointed. For the purpose of this clause, the Employer shall be required to deal only with the chief steward. The Employer shall notify the Union in writing of the termination of any steward. The job steward shall be one (1) of the last two (2) employees laid off in their classification. At no time shall job stewards be discriminated against.

6:05 All employees shall be required to pay an amount equal to Union dues during their term of employment. The Employer shall deduct this amount from the employee's wages by the first (1st) payday after commencement of employment; provided that the employee has worked a minimum of one (1) week, and thereafter on the first (1st) payday of each month. All dues so collected shall be remitted to the Union together with a list of employees concerned not later than the tenth (1oth) day of the month following such deduction.

6:06 The Employer agrees to deduct any Union dues, fees and assessments that may be in addition to those described in Clause 6:05 as evidenced by a signed authorization from an employee covered by this Collective Agreement, and forward such monies to the Union, together with a list showing the amount deducted for each person, not later than the tenth (1oth) day of the following month.

6:07 An authorized representative of the Union shall have access to all jobs having due regard to safety precautions, and after notifying the Employer or authorized representative, but shall not at any time interfere with employees during working hours without such notification. The authorized representative of the Union shall comply with all components of the Employer's safety regulations.

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6:08 The Union shall have the right to post notices at designated places on the job. All such notices must be signed by the proper officer of the Local Union and submitted to the management of the Employer for their approval.

6:09 The Employer recognizes the Union as the exclusive bargaining agent for those classifications of employees covered by this Collective Agreement and within the normal jurisdiction of the Union. All employees working within the classifications covered by this Collective Agreement shall be members of the Union and shall be covered under the terms and conditions of this Collective Agreement.

6:10 On jobs where circumstances have necessitated the hiring of Local 955 permit holders and layoffs take place, the following procedures and sequence for layoff shall be followed:

(1) permit holders first; (2) travel cards; (3) good standing members last.

6:11 When members of the Union become supervisors, they may, at their option, continue to be members of the Union and shall be covered under the terms and conditions of this Collective Agreement.

ARTICLE 7:00- MANAGEMENT RIGHTS

7:01 The Employer retains the right of management at all times; shall be the judge of the competency of employees and has the right to select, hire, reclassify, transfer, discipline, suspend and discharge employees for just cause; may determine the number of employees necessary for the operation of any machine or machines; may select, in the case of reduction or replacement of forces, those employees who, in the Employer's sole estimation, are best qualified; may designate the work each employee shall perform; may transfer employees from one locality to another to the full extent of the Employer's requirements. The above rights are vested in management subject only to this Collective Agreement.

7:02 The Union shall not have the right to transfer its members from one Employer to another nor to replace employed members with unemployed members. Employees shall not leave their job until relieved by a competent replacement and the Union shall do everything in its power to ensure that its members observe this proviso.

7:03 The Union, when called upon shall supply competent workers, provided always that the Employer reserves the right to reject workers supplied by the Union in the same manner as any other job applicant. In employing a

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new employee whose skill or ability is unknown or unproven in Groups 1 and 2 and unlicensed operator classifications in Group 3, the Employer may classify such employee as a learner at the rate provided.

7:04 In the event that a project's conditions, location or other factors place unionized contractors in an uncompetitive position with non-union bidders, The Alberta Roadbuilders & Heavy Construction Association's Negotiating Committee and the Union's Business Agent and/or Representative may agree to amend certain terms and conditions of the Collective Agreement.

ARTICLE 8:00- WORKING CONDITIONS

8:01 The Employer agrees to notify the Union of jobs obtained by the Employer describing particulars thereof.

8:02 The Employer shall provide reasonable protection from severe weather elements for all employees.

8:03 All time spent moving machines such as mobile cranes and other rubber­tired equipment or when hauling passengers in a company vehicle at the direction of the Employer shall be considered as regular working hours and the applicable straight time or overtime rates shall be paid. This provision also applies to operators of crawler and other types of equipment; transported on wheeled vehicles, when they are assigned to travel with such equipment to load or unload and to be otherwise responsible for the equipment so transported.

8:04 When an employee works in a higher hourly wage classification for less than one-half (Yz) shift, the employee shall receive the higher rate of pay for a minimum of one-half (Yz) of their shift.

8:05 Fresh drinking water, in approved sanitary containers, and paper cups will be provided and placed in convenient locations on all projects.

8:06 The Employer shall provide or make available suitable sanitary facilities and wherever possible a heated lunchroom which shall not be used for storage of tools or equipment, and a lockfast place for storage of employees' tools.

8:07 The Employer shall ensure the replacement of those tools which the Employer requires employees to bring on the job when lost by fire or theft by forcible entry, provided the employee when commencing employment submits to the Employer an inventory of such tools which shall identify the manufacturer thereof.

8:08 Mechanics, Indentured Apprentice Mechanics, Servicepersons and Welders shall receive a Tool Allowance of forty-five cents (45¢) per hour

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where their own tools are required by the Employer. Said Tool Allowance is to be paid in the regular pay system.

Effective March 1, 2006, Mechanics, Indentured Apprentice Mechanics, Servicepersons and Welders shall receive a Tool Allowance of sixty cents (60¢) per hour where their own tools are required by the Employer. Said Tool Allowance is to be paid in the regular pay system.

8:09 All employees covered by this Collective Agreement shall be permitted ten (1 0) minutes in the first half and ten (1 0) minutes in the second half of a shift for a coffee break during regular working hours. Should employees be required to work more than two (2) hours beyond the regular quitting time, they shall be permitted a further coffee break of ten (1 0) minutes duration and every two (2) hours thereafter.

8:10 Meals on Overtime:

Effective the first (1 51) full pay period following ratification of this Collective

Agreement amend this Clause to read:

If an employee is required to work thirteen (13) hours in a shift, the Employer shall provide the employee a meal free of charge, or ten dollars ($10.00) meal allowance.

As of March 1, 2008 twelve dollars and fifty cents ($12.50).

8:11 When death occurs to a member of an employee's immediate family, including spouse, children, parents, grandparents, grandchildren, brothers and sisters, mother-in-law, father-in-law, brother-in-law, sister-in-law, the employee will be granted upon request, an appropriate leave of absence. If the employee attends the funeral, the employee shall be compensated for hours lost from their regular schedule on the day prior to the funeral, the day of the funeral and the day after the funeral. Maximum compensation shall be eight (8) hours per day for three (3) days at the employee's regular rate of pay.

ARTICLE 9:00- VACATION AND GENERAL HOLIDAY PAY

9:01 Vacation pay shall be calculated at the rate of six percent (6%) on all hours worked at the straight time rates.

General Holiday pay shall be calculated at the rate of four percent (4%) on all hours worked at the straight time rates.

9:02 Vacation and General Holiday pay shall be paid on each payday and on termination of employment.

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ARTICLE 10:00- TRANSPORTATION

10:01 When Operating Engineers are required to travel to the job from which they do not return daily, the Employer shall pay an initial travel and transportation allowance based upon road kilometres to the job from the Cities of Edmonton and Calgary, as applicable, as follows:

(1) Up to two hundred (200) kilometres - eighty ($80.00) dollars;

(2) Two hundred (200) kilometres to three hundred (300) kilometres -one hundred ($1 00.00) dollars;

(3) Three hundred (300) kilometres to four hundred (400) kilometres -one hundred and twenty ($120.00) dollars;

(4) Over four hundred (400) kilometres - schedule airline airfare, or as is mutually agreed.

This allowance shall be paid upon the completion of fifteen (15) calendar day's employment or upon termination due to lack of work or job completion, or for reasons of legitimate illness or authentic compassionate grounds.

The Employer shall pay an equal allowance for the return trip subject to sixty (60) calendar day's employment, or upon termination due to lack of work or job completion, or for reasons of legitimate illness or authentic compassionate grounds.

10:02 The Employer shall pay vehicle compensation to Operating Engineers who use their own vehicle at the request and direction of the Employer at the rate of forty-seven cents (47¢) per kilometre. Such request shall be in writing in accordance with Occupational Health & Safety Act requirements and subject to the following terms:

(1) When the daily work site or sites are located within sixty-five (65) kilometres of the City Centre, there will be no compensation to the initial daily job site. If transportation to subsequent job sites that day is not provided by the Employer, vehicle compensation will be paid at the prescribed rate. If transportation is provided, it shall include a return trip to the initial daily job site if requested.

(2) When the job site from which employees return on a daily basis is beyond sixty-five (65) kilometres of the City Centre and transportation is not provided, vehicle compensation shall be paid at the prescribed rate from the edge of the sixty-five (65) kilometres of the City Centre Boundary to the job site and back to the sixty-five (65) kilometres of the City Centre Boundary unless the employee is directed to travel to a subsequent job site within the zone and transportation is not

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provided. In that case, vehicle compensation will be paid at the prescribed rate per kilometre for the distance between sites.

Employees shall not be required to use their vehicles to convey passengers, materials, fuel, parts, etc. of the Employer.

10:03 On projects within forty-five (45) kilometres of a City Centre Boundary, Town, Village or Camp, no daily travel time allowance shall be paid.

On projects beyond forty-five (45) kilometres from a City Centre Boundary, Town, Village or Camp, the Employer shall pay daily travel time allowance at the rate of one (1) minute per kilometre at straight time rates, each way from the limit of the City Centre Boundary to the job.

Wages will be paid continuously from start of shift at the initial daily work site until the end of the shift, including time spent travelling between sites except for lunch or meal breaks.

10:04 The cost of transporting such tools as an employee may be required to provide in the course of employment shall be paid by the Employer on the same basis as transportation.

ARTICLE 11 :00 - DISPUTES, JURISDICTIONAL

11 :01 There shall be, during the term of this Collective Agreement, no slow­downs, stoppage of work, picketing, strike, lockout or walk-out on account of any jurisdictional dispute which may at any time arise between the Union and other unit or units of organized labour, or between any other units of organized labour, or any dispute between the Union and any other Employer. Such disputes shall be settled without permitting same to interfere with the progress or prosecution of the work in the following manner.

11 :02 The Employer shall assign the work in accordance with current "Decisions or Agreements of Record" between the disputing Unions.

11 :03 If no "Decisions or Agreements of Record" exist, the Employer shall make an assignment of the work and the dispute will be settled, if possible, on a local level by the Unions involved.

11 :04 If the dispute cannot be settled on a local level, it shall be referred to the International Unions involved for settlement. If the International Unions are unable to resolve the dispute, then the matter shall be referred to the Building and Construction Trades Department of the A.F.L.-C.I.O. for settlement.

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11 :05 In any event, there shall be no work stoppage over any jurisdictional dispute.

ARTICLE 12:00 - GRIEVANCE PROCEDURE

12:01 There shall be, during the term of this Collective Agreement, no slow­downs, stoppage of work, picketing, strike, lockout or walk-out concerning the interpretation, application, operation or alleged violation of this Collective Agreement.

12:02 In the event of any dispute ansmg out of this Collective Agreement between the Employer and the Union covering the interpretation, application, operation or alleged violation of this Collective Agreement, the dispute will proceed to step (c) below. In the event of any dispute arising out of this Collective Agreement between the Employer and employee, the following procedure will be followed:

(a) An aggrieved party shall, within fifteen (15) days (except on termination the aggrieved party shall within seventy-two (72) hours, excluding Saturdays, Sundays and Holidays) of the alleged grievance submit their complaint in writing to the job steward who shall endeavour to settle the complaint between the employees and their immediate supervisor.

(b) If a settlement is not reached within three (3) days excluding Saturdays, Sundays and Holidays, the job steward shall present the matter of complaint in writing to an official representative of the Union for discussion with the project superintendent or management representative.

(c) If the complaint is not settled within ten (1 0) days excluding Saturdays, Sundays and Holidays it may be referred to an Arbitration Board which shall be composed of one (1) member appointed by the Employer, one (1) appointed by the Union and a neutral Chairperson appointed by the members. Each party shall bear the expense of their appointee and the expense of the Chairperson shall be shared equally by the parties.

(d) If either party fails to appoint a member or if the appointed members cannot agree on a neutral Chairperson, such appointments shall be made in accordance with the Labour Relations Code.

(e) The Arbitration Board shall be vested with the authority to decide whether any matter referred to it is arbitrable. It shall make its decision within fourteen (14) days of the appointment of the

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Chairperson. By mutual consent of the parties, the time limits may be extended.

12:03 The Board shall not alter, amend or change the terms of this Collective Agreement. The majority decision of the Arbitration Board shall be final and binding on both parties but if there is no majority award, the decision of the Chairperson shall be the award.

12:04 As an alternative procedure to that outlined, commencing with Clause 12:02 (c) the following procedure shall be used if mutually agreed in writing by the Employer and the Union.

(a) The steps prescribed in Clause 12:02 (a) and (b) shall apply.

(b) If the matter of complaint is not then settled within ten (1 0) days excluding Saturdays, Sundays and Holidays, it shall be referred to a single Arbitrator who shall be selected and agreed upon by the Employer and the Union.

(c) Should the Employer and the Union fail to agree on the appointment of the single Arbitrator, the appointment shall be made by the Minister of Labour.

(d) The single Arbitrator shall have the same authority as an Arbitration Board and shall make a decision within fourteen (14) days of the appointment. By mutual consent of the parties, the time limits may be extended.

(e) The costs of and in connection with the single Arbitrator shall be borne equally by the Employer and the Union.

The single Arbitrator shall not alter, amend or change the terms of this Collective Agreement. The decision of the Arbitrator shall be final and binding on both parties.

ARTICLE 13:00- ACCIDENT PREVENTION

13:01 It is understood and agreed that the parties to this Collective Agreement shall at all times comply with the accident prevention regulations of the Alberta Occupational Health and Safety Act, and any refusal on the part of employees to perform their duties or to continue to perform their duties that are in contravention of the Alberta Occupational Health & Safety Act shall not be deemed to be a violation of this Collective Agreement. The Union is required by the terms of this Collective Agreement to thoroughly instruct its members in all standard safety precautions required under the terms of the Alberta Occupational Health & Safety Act.

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13:02 The Employer shall make available, free of charge, all necessary safety equipment as required by the Alberta Occupational Health & Safety Act excepting such articles of personal clothing which are not returnable, such as hard hat liners, safety shoes, etc. The Employer is entitled to retain the price of such equipment until it is returned by the employee, allowing for normal wear and tear.

13:03 A violation of safety regulations by an employee or any refusal of an employee to abide by safety regulations after being duly warned shall be just cause for dismissal.

13:04 The job steward or designated alternate shall be appointed to the Safety Committees.

13:05 The Employer may have a safety policy that exceeds the requirements of the Alberta Occupational Health and Safety Act and employees shall be required to adhere to that policy. The Employer shall upon request from the Union provide to the Union a copy of the Employer's Safety Regulations.

13:06 The Employer and the Union agree that it is in the best interest of all concerned to promote a safe working environment. Accordingly the parties agree there shall be pre-employment medical testing. The cost of such testing shall be paid for by the Employer. The person being tested shall receive a copy of the results of such tests upon request.

ARTICLE 14:00- ROOM AND BOARD

14:01 On projects beyond the daily travel limits of the Cities of Edmonton and Calgary or the Employer's established place of business, room and board shall be provided at no cost to the employee, seven (7) days per week.

This will not apply in the case of client-supplied room and board (i.e. camp accommodations) where the client requires that rooms be vacated on the employees' days off or in the case of fixed shift rotations where the employee is on days off for a period of forty-eight (48) hours or more at any one time.

Only those employees who reside beyond a sixty-five (65) kilometre radius of the project will be entitled to the room and board so provided.

All employees who choose not to accept room and board so provided will not be entitled to receive an allowance in lieu thereof.

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ARTICLE 15:00 -SHOW-UP AND CALL-OUT TIME

15:01 (a) An employee reporting for work on call of the Employer shall receive two (2) hours pay at the applicable rate unless the employee is notified at least two (2) hours prior to the regular starting time not to report for work or, if a camp is maintained, one (1) hour's notice is required.

(b) If an employee commences work, that employee shall receive payment for the actual time worked or a minimum of two (2) hours.

(c) Notwithstanding the provisions of (a) and (b), when an employee refuses to work or refuses to continue to work, or there is a third party labour work stoppage, no pay for hours not worked shall be required.

(d) Every Employer must, devise a system to effectively inform employees of cancellation of the day's work due to inclement weather. Such notification shall be at least one (1) hour before the regular start time. If such notification is not received and the employee shows up for work, two (2) hours show-up time will be paid at the employee's regular rate of pay.

15:02 Employees called out for work after their regular hours of work will receive a minimum of two (2) hours pay at the overtime rates applicable.

15:03 Reporting time pay and/or call-out pay is in addition to travel time pay.

15:04 The Employer may require employees to work within their jurisdiction for the two (2) hours call-out pay.

ARTICLE 16:00 - EMPLOYER CONTRIBUTIONS

16:01 Health & Welfare

Effective March 15\ 2008, the Employer shall pay one dollar and thirty-five

cents ($1.35) per hour for each hour worked by each Union member into the Operating Engineers Local 955 Health and Welfare Trust Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended.

The Employer shall, not later than the tenth (1oth) day of each month, mail Health and Welfare Trust Fund contributions for the previous month to the office of the Trust Fund. Cheques are to be made payable to the "Operating Engineers Local 955 Health and Welfare Trust Fund".

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16:02 Pension

Effective March 15\ 2013 the Employer shall pay three dollars ($3.00) per

hour for each hour worked by each Union member into the Operating Engineers Local 955 Pension Trust Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended.

The Employer shall, not later than the tenth (1oth) day of each month, mail Pension Trust Fund contributions for the previous month to the office of the Trust Fund. Cheques are to be made payable to the "Operating Engineers Local 955 Pension Trust Fund".

16:03 Training

Effective April1 5\ 2007, the Employer shall pay five cents (5¢) per hour for

each hour worked by each Union member, into the Operating Engineers Local 955 Training Trust Fund and agrees to be bound by the current Trust Deed presently in effect or as it may be amended.

The Employer shall, not later than the tenth (1oth) day of each month, mail Training Trust Fund contributions for the previous month to the office of the Trust Fund. Cheques are to be made payable to the "Operating Engineers Local 955 Training Trust Fund".

16:04 Notwithstanding any provision of this Collective Agreement or of any other document, including any document respecting the establishment or administration of the Health & Welfare Trust Fund, Pension Trust Fund, and Training Trust Fund, the Employer's liability to the said Funds shall be limited to remittances of the above noted contributions in the manners and at the times set out herein.

ARTICLE 17:00 -DURATION OF COLLECTIVE AGREEMENT

17:01 This Collective Agreement shall become effective upon the date of ratification and shall remain in effect until the 28th day of February, 2015, and from year to year thereafter except as hereinafter provided.

17:02 Either party to this Collective Agreement may, not less than sixty (60) days and not more than one hundred and twenty (120) days immediately prior to the expiry date of the Collective Agreement, request the other party to the Collective Agreement to commence collective bargaining. Such notice shall be given by registered mail.

17:03 If notice to negotiate has been given by either party, this Collective Agreement shall remain in full force and effect during any period of negotiations even though such negotiations may extend beyond the said

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expiry date, until the procedures in the Labour Relations Code have been exhausted. The parties to this Collective Agreement shall make every effort to complete the procedures in the Code and conclude a Collective Agreement prior to the expiry date.

Signed this ord day of _ __,_M..:..:::a"'"-ly'-----' 2013.

Alberta Roadbuilders Association

Negotiating Committee: Jim King Jorma Torkkeli Lincoln Stevens Victor Banfield

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International Union of Operating Engineers, Local Union No. 955

Bruce Moffatt Business Manager I Financial Secretary

Treasurer

Letter of Understanding #1

between

THE ALBERTA ROADBUILDERS & HEAVY CONSTRUCTION ASSOCIATION

and

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 955

Re: Compressed Work Week

The Association and the Union agree that Employers covered by this Collective Agreement may implement a compressed work week subject to the following:

The Employer when desiring to implement a compressed work week shall contact the Union to identify the employees and shop or plant affected.

The compressed work week shall consist of four (4) consecutive ten (10) hour days starting on a Monday or a Tuesday.

For employees employed in maintenance shops:

The Union shall conduct a vote of the affected employees, and if a majority vote in favour of the compressed work week it shall be instituted. All affected employees shall work the same compressed work week.

For employees employed in asphalt and soil cement plants:

For a time frame between November 1st and May 30th, and employees employed in asphalt and soil cement plant start-up.

The Union shall conduct a vote of the affected employees (the vote will be required on a yearly basis), and if a majority vote in favour of the compressed work week it shall be instituted. All affected employees shall work the same compressed work week.

Overtime shall be paid for all hours worked in excess of ten (1 0) hours in a day or forty (40) hours in a week, Monday to Friday. When the compressed week starts on a Monday, overtime shall be paid for the hours worked on

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Friday. When the compressed week starts on a Tuesday, overtime shall be paid for the hours worked on the preceding Monday. The applicable overtime rates shall apply for Saturdays, Sundays and Holidays.

This Letter of Understanding becomes effective on the date of signing.

Signed this 3rd day of -----=-M<?...r>C.JY'----' 2013.

Alberta Roadbuilders Association

Alberta Roadbuilders and Heavy Construction Association

V;::;shyn Lafarge Canada Inc. Calgary

riz ngineering Inc.

c. Edmonton

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International Union of Operating Engineers~ Local Union No. 955

Bruce Moffatt Business Manager I Financial Secretary

APPENDIX A

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25

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SAFETY CREED

WE BELIEVE ...

. . . that every employee bears the unalterable responsibility for keeping out of harms way. This they owe to themselves, their family, their fellows and their job .

. . . that no employee lives or works entirely alone. They are involved with all employees, touched by their accomplishments, marked by their failures. If they fail the employee beside them, they fail themself, and will share the burden of that loss. The true horror of an accident is the realization that a employee has failed themself - and more - that their fellows have failed the employee .

. . . that accidents are conceived in improper attitudes, and born in moments of action without thought. They will cease to be only when the proper attitude is strong enough to precede the act- when the right attitude creates the awareness that controls the act.

... that the prevention of accidents is an objective which crosses all levels of rank, organization and procedure .

. . . that freedom from harm is not a privilege but a goal to be achieved and perpetuated day by day.

. . . that the elimination of injury and pain through accidents is a moral obligation upon which the final measure of our performance directly depends.

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