COLLECTIVE AGREEMENT - Ontario of Buildings... · JAN/18/2017/WED 03:22AM C.L.A.C. GRIMSBY FAX No....

JAN/18/2017/WED 03:21 AM C.L.A.C. GRIMSBY FAX No. 905 945 7200 P. 005/026

COLLECTIVE AGREEMENT

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NORTHEC CONSTRUCTION INC ..

,;

CONSTRUCTION WORKERS1 LOCAL.~ 52 - affiliated with CLAC

%2$ ::c:t:saaiA& :e::ra ""'r' 655"!•3 & A •?!tRM•

October 8, 2014- Februa11f 28, 2017


'fABlE- OF CONTENTS

Article 1- Purpose ..................... ,. ........ ~ .. ---·----·-·············· .. ----·····--·····--··········--······----·--·--····---... 1

Article 2 ~ Recognition ...................................................... , ......................... _. ............................. 2

Article 3- Management's Rights .......................................................................................... - ..• 2

Article·4 ~ Unron Rep:resenfation· ........................ , ............................. ~ ........................................ 3

Articre 5- Strikes Or LockDuis ........................... " ..................................................................... 5

Articla- 6- Employm~nt Policy And Union Membership .......... _ .. -. .............................................. 5

Article 7- Union Oues ........................................................................................ , ....................... 6

Ai1icie 8 ~Wages &Area Rates Of Pay ...................................................................................... 6

Artfcle.9- Hours Of Wort & OVertime ..... "'•···-·--------·--< .............................................................. 7

Article 10.- Empldymen~ RightS' Ahd Layoffs .............................................................................. 8

Article 11 - Va.Gation & Holrday Pay ................ ~ .... ,. ......................................... ._ ....................... _.8

Article 12- Tran~portation, Travel And Subsistence ................. .,.- ........................................... 9

Artida 13- Union-Management Committoo., ...................................... _. ... ~ ................. , ............ 10

Article 14 ~ Heq.lth And Safely:. Tools And Ppe ... , .............................. · ... , ................................. 1 0

Article 15- Health fn,su(:a:nce.Pfan f\nd Pension Plan --------·-"·---····-----------·····---·--··-------····---·--11

Artide 16 ~Education arid Training Fond ................ , ...... _ ............. w ................................ 1 z Article 17 -Industry Fond ........ , .................... , .......................................................................... 13

Article 18- Leaves Of Absence And Bereavement Pay .......... .-.... , ......................................... 13

Article 19- Grievance Pr'UCE:dure ...... _______________ ............ ---------·--·---·--··········----·--·--·-- ............... 14

Art,icle 20- Arbitration ............................................... ,. ............... , .................... , .......... ~ ............. '15

Article 21 - Dischar:g~. Suspension And·Waming ................................................................... 16

Artide· 22- Union Remittances ...... ~---- .... "r""" ....................... · ........ ---- ........................ 16

Artide 23 ~ Duratiofl ....... , ................ , ............... ~--'·-------·--------~---,·------·-----·--·------·--------··----------··16

Schedule ..,A, Classifications and Rates of Pay ..................................... .-............................. " .. 18

JAN/18/2017/WED 03:22AM C.L.A.C. GRIMSBY FAX No. 905 945 7200 P. 007/026

and

COLLECTIVEAGREEMEN~

NORlHEC CONSTRUCTION INC. hereinafter referred to aa the r'Employer"

CONsTRUCTION WORKERS, LOCAL 52 affifiah!.-d with the CHRISTIAN lAB'OURA.SsCCr.ATION OF CANADA

hemina~r refel"r'ed to as the 6'Union..,

,A.RTlCLE 1 - PURPOSE

1.01 Jt is the intent and purpose of the parties. to thiS' Agreement. which has been negotiafed an\1 entered into in good faith:

a. to reCQgTJize rnutuaOy the respecti''v~ r~hts1 responsibilities and functionz of the parties hereto;

b. to provide and rtJaintain working condffiorts, hours of work; ~e rates and benefits as set forth herein;

c. to establish a just, prompt and equrtab'!a procedure fur the dispGSition of grievances; and

d. through the fuU and fair admfnist.ratiort of ·.an the terms and provisions contalned herein, to develop am~ achieve a relaffor1Ship among the Utiion, the Employer, and the empfoyees which will be.conducive to their mufual weU-befng.

1.02 The parties to this Agreement pledge to work towards tha ·greatest possible degree o! consultation and cooperation.

1.03 The omission of ~pec:ifrc mennon in this Agreement Qf existing rtghts and pliVilege.."'i established or recognized by the Employer shall not be corystrued to deprive employe&S of such rights and privHeges.

1.04 Should any· part of this Agreement be dedared or hs!d itwar!d for any reason, that invalidity shall not affect the validity of the rem:tinder which shall continue in full force and effect and be oonsideted as lf thrs Agreement had be.e-n e)$Cuted without the lnvalid portion.

JAN/18/2017/WED 03:22AM C.L.A.C. GRIMSBY

CoUdve Agreement Northoo and lncial 52, C.LAC

FAX No. 905 945 7200 P. 008/026

October s. 2014 - FebruQcy 2B. 2017 Page 2

1.05 Jn recagnftfon of their rnutual ·contiibutro.n to thrs. Agreement and their shared responsibility In the enforcement and adminisf.rc:ilion of tills Agreement. the parties agree· to·equally share in the printlng· costs of this Cotlectlve Agreemeilt

1.06 The parties ~gnize that 'Where various legislation overtides the provisions contafned herein, .such legislation sh;afl prevail. This shan include, but not be limited to such statutes as, "the Orltario Human Rights Code, the: Employment Smnd81ds Act1

tire Workplace Sf1fety & Insurance Act.

ARTICLE 2- RECOGNITION

2.01 The Employer reoognizr,s the Union as the exclusive bargaining agent of all ff.s constructior1 em.plpyees, that is, afl working forepe~ons. equipment operators Qnciud:ng cranes, shovels. bufldozers and similar eqr;fpment), carpenters, heavy duty and diesel mechanlcs, welders, an apprentices· in the above trades, surveyors .and labourers employed ·[n .all sectors· of the conslruction industry except the JCf sector, In the territory of the DoRis First Nation and adjacent regional munf~ipa!rties, m:ur~ly Paftersnn, Hardy., McConkey, Crosby, Maitland, Mason and West Nippisslng_

Thfs agreement excludes non-wooong forepersons, persons ~bove the rank of nonworldng forepersons, clerfcaf and office staff.

2.02 There a.half be no rovisfon, amendment, or alteration Of the bargaining unit ~s defined herein or of any of the terms and provisions of this Ag.reernent, except by the mutua.! ag~ment iC1 wrtt'ihg of the parties. V'lfithout Hmitmg the genera";itY of the foregoing, no cfasslfrcation of work or jobs may be T~ 'from the bargain:ng tmlt except by mutual agreell12llt in wtitfng af the parties.

ARTICLE 3 .. MANAGEMENTS ffiGIDS

.3.01 The Employer's rfgbts indud~ but ~re not limited tn the fuJJowing provlded. such actions are consistl:mt with the furtf;ter tenns Of this Agreement::

a the riaht to malotaln order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by tb; employees; to discipline and discharge employeea fur just cause.

b. the right to select. hire and direct the workforce a:nd employees; to transfer, assign, promote, demote, ciassrfy, layoff, ·recan and suspend employees; to se[ect and retain employees for positions exCluded from the bargaining unit

c. the right w operate and manage the En1p£oyer"s business ih order to satisfy its ccrnmittnents. and responsibUitres. The rfght to determine the kind and foca:tion of


Colledlv8 .Agreemecl OctoberS. 2.014-February 28. 2017 Nortllec aKJcf l.oc8J 62, Cl..AC Pa,ge 3

----~--------------------------------------------~~~

business to be c;jone by the Empldyer!. the direction of the working furces, the scheduling of work, the number af shifts, the tnethoos, processes and means by "Which work Is to "be performect job content,. qu<:JHty and quantily standards, the right to use improved methods, machinery .and equipment, the right to deierrnlne the number' of employees needed by the Employer at any time and genetally, the right to manage the business af tile Employer, and to pJan, direct and control the operations of the Bnp{oyer, Without interfe~oo-

3.02 The sole a~d emusive jurisdtction over opemfkms, building. machinery, equipment shall be vested in the Employer.

3.03 Tlie Employer may. contract ol.lt where:

a. it does not possess the necessary facilities or equipment;

b. It does not have in Jt.s employ and the Union 'Is ho~ able to supply within 48 hours a sufficient quantity of employees who are qualified to complete. a project w;thin projectEd time limits; and,

c. ~he work being contracted out is additional work (not par.t of ~he scope of work assigned ttl rough the otigrnaJ tender process) and does not result in the layoff of empJoyees at the job site qualified to perform the v."'rk.

3.04 Wherer subject to the .above, the Employer intends to subcontract.work, rt shan invire other CLAC sfgnatory cohfrociors to bid the work The Union shari provide the Employer ·a directory of .contractors.

3.05 The Employer rhay meet periodica[ly wlfu its empkr.fOOS for the purpose of discussing matters of mutual inter~. or concern fo the Employer, the Union and the employeeS. The Employer shall advise fue CLAC Representative of the subject matter of such meetings and shaD invite the CtAC RepresentatiVe to attend such meetings.

AR11CLE 4- UN£0N REPro3SENTATION

4,01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows:

a. The Union has the rtght to select or appoint stewards to assist employeeS in presenting any cornplafrrts or grlewanc:es fuey h'ave to representatives of the Employer and to administer the Colfectiva Agreement The Union will advise the Employer, In writing, of the names of 'fh~ Stewards. The Employer wiD pay stewards a fifty cent ($0.50) hourly premium in addltlon to their regular hbi.irly rate. The Union shalf appoint a Chief Srew.ard; the Employer will J.>ay the Chfef Steward a premium of one doUar ($1.00) per hour. £

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eo•lective Agreement Northec and Local 52. Cl.AC

FAX No. 905 945 7200 P. 010/026

October a. 2014- Fef:inxary 28~ 2017 Pags4

b. Upon the employment of e second employee, the Uhion may appoint a steward·_ Additional stewards may be appointed when the workforce exceeds twenty (20), fifty (50)1 eighty, one hundred 1wenly, {120)~ one hundred.~ixty (16b), two hundred (200). and thereafter for €t<iery fifty (50) emplpyees in the bal1)aining unit Tha lor:;ation and size of projects shall guide the parties in this detel1llination.

c. The Employer agrees to provide the stewards unpaid. leave, to a maximum of three (3) days each per c:aferrdar year, upon proper noti!-'e1 to at;tend to Union busines:S and training.

d. CLAC RepresentatiVes are representatives of the employees, in aU matters. pe.rtOOnlng to this Agreement particWaF[y for ffle·purprnJe Of processing grievances, negotiating amendments to and renewals of this Agreement and enforcing the employees• colfectiVe bargaining rights as well as any other rights under this Agreement and under the faw. The Union win adwse the Employer, jn writing, of the names.of rts Representatives. '

4.02 The Union acknowledges that stewards have regular duties to perform as empfoyees of the Employer wlU not leave their reg.utar dtltieS for the purpose of conducting l:fusilies..~ rti connection with the admini$tration of the AgreemElflt or the investigation or presentation of grravances, wi'ihovt first obtaining the permission of fueir Foreman or immediate Superviwr. Such permission will not be unreasonabfy withheld.

The Employer will pey stewards at their regular hourly. rate for time spent attending such dutieS dunng 'their working hours_

4.03 Representatives of the Union will have access to visi! job sites or convening yards during normal working hours subject to the f-olfovimg:

a. The Union Representative shall nottfy the Employer's Human Resources representatlve of hrs Intention to attend at a job stte and shall identify himself to the job Foreman upon arrivihg at a job site;

b. h1 no case will such Representative· irrterfe.t"S With the progress of work.

4.04 The Union has 't.ha rfght to appoint a negotiating comrni.ttee shaU be paid by the Employer at their regular hourly rates for aU tim0 spent on negotiating a Collective Agreement with the E:mployer; whenever this fakes place during the regular working hours of the employees concerned_ 1he size of the Union committee shal_l be two (2) Where there are up to l'linety--nlne. (99) employees and may. at.fha Union's discretion, increase by one where there are one hundred (1 00) employees and for each additional frfty {50) employees. (e.g. at 2 for 2-99, 3 at 100,4 at 150, etc.)


Collective Agreament Northec and l.ocal52. Cl.AC

FAX No. 905 945 7200 P. 011/026

Od:ob&r a. 2014- Fililbruary 28. 201'7 Pages

4.05 The Union stewcmi with rongest service ro the Employer will be the last employee to be laid off from· a jobslte, .. providing that ste-ward has ihe sltill and ability rsqliired to perform the remaining work·.

4.00 There shall be no Union activity during working hours, on the employer's premises, ex~t that which is necessary for the processfng of grievances and the administration .and enforcement of this Agr~

ARTICLE 5 ~ Sl"R.lKES OR LOCKOUTS

5.01 During the term. of this Agreement ot Whife negcrtiations for a further agreement are beillg held the Union will rrot permit or encourage any stri~, slo-wdown, or any st.oppage of work: or otherwise restrict or interfere with tne Employer's operation thf\?ugh its members_

5.02 During the term Of this Agreement, -or whi~ negotiations for a further agreement are being held, the Employer will rot engage in any lbd<out of its employees.

ARTiCLE G ~EMPLOYMENT POLICY ANO UNION MEMBI:'"RSHJP

6.01 The Union and the Employer will cooperate 'in maintaining a desirable and competent labour forte. The Employer wm notify· the Union of manpower requirements giving as much pr!or notice as· possible. The Union wili provide a list of manpower available. The Employer at Hs dis:cretion may hire employees so listed or from other sources.

6.02 Neither the Employer nor the Union wftl compel e.rrlpioyees to join the Union. The Employer will ~t digcriminate against any employee because of Union membership or lack of ft. and will inform all new omployees of the contractual relationship between the Employer and the Union. Before commencing work, ·any new employee shall be referred by the Employer to a ~teward in order to· give such .Steward an opportunity to descnbe .the Union's purposes and repre..sentation poficies to such new £mpioyees_

6.03 The Urtion agrees that it will make membership in the Union availabre to all smployeas (!(jVered by this Agreement on the same terms and ronditions as are applicable to other members of tha Union,

6.04 The Employer shalf, as a matter of r>olicy, promote from within the exisfing \Vorlct'orce whenever possible, at tlle Employar's dwetioo. Employees who are lnteres~d in transferring to anofl1er position. shall advise the Employer of such Interest by filing a request for transfer with the Employer.

6.05 New employees wm be hired on a six (6) month probationary pefiod and thereafter shallallain regular employme!it status subjsct ID the availability ofworl' ot ~


Colrectlvwr Agrot.marnt Northee and Loql{ 52, CLAG

FAX No. 905 945 7200 P.Ol2/026

October R, :2014- February 28. 2017 PageS

Probationary emp~oyees are covered by the Agreemer..t. excepting those provisions Whfch speclfroalfy exclude such employees. Notwithstanding anything to the contrary io llie Ag~emant th~ Employbir shall be permttt:ed ro terminat~ any employee during the probationary period il1 ilil sole and absolute discretion, provided that the Employer has not ex:ercised such di;3cretion in an arbitrnry, discriminatory or bad faith fushion.

6.06 An emptoyee who has completed fue probationary period .and is laid off and recalled by the Employer within one (1) year of previm.:~s employment shafl not serve a new probatior.ary period.

ARTICLE 7 - UNlON DUES

7.01

a. The Emplo~ shafl deduct from each employee, from the commencement of employment, ali amount equ~J to Union dues as .set by the National Convention of the Union attd a:s: continued within the Empl~r Dues Directive is.~ued by the· Union Office.

b. Th~ Employer ls authorized to deduct any administration dues. owing by an employee to the Unron When I! ired.

c, The tof.ttl arnbunt(s) checked off and/or deducood on behaff of the Union will be turned over ~y the Employe.r to the Union by the fifteenth (1 ~ day of each month following the month for which the morties were deducted, together with an Itemized list of 1he employees for whom the deductions are made and the amount turned over for each. The Union and the em!)foyee agree· that the Employer shafl ba saved harmless for aU .deductions and payments so made.

7.02 Empk!yees who cannot support the Union with their duE?'..s for reasons at conscience. as determined by the Union's intema~ guJdelines bf what constitutes a ccnscierrtious objection. may apply to the Union, in wrltlng, to have 1heir dues redirected. Such application shall outline the nature of the oonscierroous objection.

ARTICLE 8 ~WAGES & AREA RATES CJF PAY

8.01 Wage schedules and job classifications ~reset forth in schedule 11A.,. attached hereto and made part hereof. Employees shall be class!fied and paid according to the cla.ssifiCz.tion in which they are reg~lar!y employed.


CoiMeclive Agrotmleni Northec :md Local 5:Z, CLAC

Octobers, 2014- Febru~ry 28, 2017 Pagel

8.02 Additional classffications may be established only by mutLaf agreement between the Employer. and the Union during the tarrn of this Agreement, and tha rams for same shall be subjeCt to negotiation betw~n the Employer and the Union.

8.03 When indemerrl: weather, including extremely high temperatures. makes it impracticar or hazardou..~ to work, the Employer agrees to continue paying the employees at their regular hourly rate untlf their supervisor advises fhe emproyees to discontinue work and go home.

Employees shall be obligated to contact their supervisor before· going to work in cases of inclement weather.

8.04 In the event of an error in pay, an employee must adyfse the Employer of the error within twQ (2) \i\iOrkfng days after recaMng his pay stub in ordsr to have the error corrected on his next pay dato.

Jrr order to avo!d errors in pay, the Employer wm provide each employee with a copy of his timesheet

8.05 ShoW--«Jp Time An employee who reports to work in the usLral' manner wtthot.1. having been n9ti'fied that there is no work; available and fs sent home because of lack of work before he has worked fu/0 (2) nours shall receiVe ·a minimum of two (2) hours pay at his prevailing hourly rate. Each employee must inform the Employer of a means of being contacted on short notice,

8.06 When there is a temporary shortage af work Within a giV~n work day in a specific classfficatioo, the Employer may employ the affected employees in another ctassifieation (whether higher pa.id or lower paid) at the rate at pay of their usual specified classification provided the employee is qualified to do the requited work.

B-01 Employees given the option ro work in another dassifit:anon fOr which they are qualified instsad of being laid dff may ba paid the falie for the new da:ssffication {whether higher paid or lower paid).

ARTICLE 9 -HOURS OF WORK & OVERTIME

9,01 The regular work week shall be as folfows:

Sewer and Water Main Work RoadWork Structoral ant;l Bridge Work:

50 hours 50 hours 50 hours


Colleeti'ite Agreement Nortfrec and L..ocal 62, CI....AC

October 8, 2014- february' 28. 2017 PageS

9.02 \'\fork performed in. excess of above hours !Shall be paid at the rate of one and onehalf tltnes (1 %x) the regular rate of pay.

9,03 Ordrharily, there shall be no regular work done on Sundays_ If extraordinary drcutnstances necessitate work on Sunday, as agrE!IOO upon by the Employer and the Union, time Vtr'Orke<i shaU be paid at the rate of doubf~ times {2:x) the regular r&te of pay for such hours, 1rrespeotiv'e of. VJreekfy hours.

Ordiharily, travel t.o site ~hall not .occur on S:t:.~ndays_ Where by mutual agreement such travel occurs on Sundays·, such time sha!l be paid at straight time.

9_04 Thewotk week begins at"the start ofthe Monday shift, or on Sunday, subject to 9_03, above.

9.05 The regular work w~k consists of twelve (12) hours daily from Monday to Friday.

Daily overtime is paid :after 12 hours paid and at a premium of one and one-half (1~) times the rat~.

One additional paid break is ~heduled vvf1ere the work Is sch€-duJed to exoeed or expected to exceed twe1ve (12) hours.

9.06 Saturday work that is mandatory is paid at one and ona-haJf (1 %) times the regular rate. Where Saturday work is available but not required and the above wee!~ly limit of hours hasrY't b~ worked, Saturday worn is paid at straight time.

9.07 There shall be no pyramiding of overtime.

9.08 If employees and an Employer represen1ative muruaUy agree .to modify the work schedule on a fob 5ite, the Employer shalf provide written notice to the Union nf such schedule .

. ARnCLE 10- EMPLOYME.'\IT RIGHTS AND LAYOFFS

10.01 The Employer shall give an employee une {1) hours' ootice of the .neetf for a layoff or one (1) hours' pay in f&au of notica. Such notiee is copied to the Unlon. At the request Of either party the parties wm meet with a steward present immediately after the giving of such notice to review the situation.

ARTICLE 11 -VACATION & HOUDAY PAY

11.01 AJI employees shalf be entitled to receive an <=Jmount equal to six percent (6%) of their total annual gross earnings in vacation pay .and four percent (4%) in lieu of statutory

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ColiGCttve Agreement Northee and Loca~ 52~ CLAC

Oclo~~r 81 2014 ~February 28, 2017' Page9 ---------

hoU~ay pay. For tax purposes, vacation pay and statutory holiday pay shall be taxed over the period of time dUring:which it was earned.

11.02 Approval ofvar:atroo time is at the sole disc~on ofths 8n~loyer: Vac,ation requests wiD nof be unreasonably denied.

11.03 a. The vacation pay fur afl employees will be remitted monthly by the Employer to

the Union's Vacation Pay T r'Ost Fundr

b. Remittances to the Va~on Pay Trust Fund shaH be made promptiy by the fifteenth (15m) of each monfu fur the credited amounts. in fhe previous month, in order to satisfy the legal .requirements pertaining to the disbursement of vacation pay.

11.04 Work shall nat normally be performed on the fo=laWing holidays:

New Year•s Day, Family D~y, Good Friday, Victoria Day, Canada Day, GMc Holiday, labour Day, ThanksgMn!}.Day, Christmas Day, Boxing Day and any other statutory holiday proclaimed by the federal or provincial government

ARTICLE 12 -·TRANSPORTATION. TRAVEL AI\IO SUl:lSlSTENCE

12.01 Each E'lmployee wm be responsible for tmm;,portlng himse{f m the work site.

12..02 An employee who is requested by the Employer to uoo their·owh vehicle to trnnsport multiple workers to the work :s~ shall be paid at the rate of ro~ight ('"'.,.ents ($0.48) per kilometer, in addition to any local driving fot transport of work:en; to site, delivery of rrr.ateriafs or other business. The r• increases to forty~nine cents effective March 1, 2015 and to fifty-two cents ($0.52) March 1. 2016.

12,03 Paid Trn\181 tm1e

12,04

a. 1hern shatl be a 45 minute {per Googfe Maps) free travel zone, from the employee's twme to 1he work s:ite for which travef time is not paid.

b. The free travel zone shan be a seventy five (75) minu1e. (per Google Maps) for employees who ride in another employee's vehiclt.S and for drivers who are .unwnl!ng to catpool.

c. Where an empfoyee tfavefs outside the free travel zone the employee shaH be paid travel time (per Google Maps} frum the boLmdary of the travel zone to the work sit.a.

The Employer shan reserve fue right to make reasonable carpooling. arrarygements. ~·

. k~l '


C~lac:tlve .Ag~ent Northec 101d Local 52, CL.AC

October 8, 20'!14- i=111bro:al'}' 28, 20'11' Page10

12.05 The Employerwm reimburse employee~dor reasotmbJy inetlrred parking e:xpenses.

12.06 Whett employees work on a project which requires overnight accommodation:

a. they will be paid :a dairy subsistence allowance of fifty dollars ($50.00) per dfty spent out df town. Where the workers. have accommodation in a camp setting With meats cooked and served a subsistence allowance is not required.

b. they wiil be provided with suibble accommodation al'l"anged by and paid for by the Employer;

c. where the aoc,"'mmodafion 1s 10 a remote or controlled a<X::eSs location, the EmploYBrwi!I pay a daily "isolation bonus"nffiffy dollars ($50-00); and

d. they 'lrVill ba transported to the job by the Employer. An employee who agrees to drive his own vehicle shaH recsive mileage reimhursernent for one (1) trip to and from the project. each week, in addition tn any looal driving for transport of workers to sits. delivery of materia[s or other business. The reimbursement for one (1) trip to and from the project each week shall not apply if the employee has received a payment in accordance With Article 12.02.

12.07 Week~f mileage and travel allowances and any other out of town expense, a:s set out In th:S Artide. shall be paid to empJoyees within two (2} weekg of submissioi'l of an expense clain 1.

ART!CLE 13 - UNION--MANAGJ::MENT COMMllTEE

13.01 On a quarterly basis, the CL.AC Representative and the Chief Steward .$hall meet with man~g~~nt to discuss items of mutt.tal mt~rest and conoom. Topics may be suggested by either of the parties. ste·waros shall be p~•d at their straight fitne hourly rate whi!9' attending such a scheduled meeting. Onty upon the consent of the parties wlll a meeting be cancelled or postponed. On~ addffional st:eward may be invited by the Union for every one-hundred (100) workers empfoyed.

·ARTICLE 14- HEAlTH AND SAf:'ElY, TOOLS AND PPE

14.01 The Union--Management committe~ outlined in Article 13 shall afso .serve as a Health and Satety committee with the addition of the Health and Safety Representatives. The committee shall meet at a time mutually agreeable to the parnes. The meeting shall be ·rurec.red to matfars concerning the correction of unsafe. conditions and practices and the maintenance of the co-operative interest in the S8t'ety of ths workforce. The Employf;!r shaJI maintain a record of the meetings and the matters

dis-sed. p •d t !(:::((


Co~ ~reement Nortflec and local 52~ Cl.AC

FAX No. 905 945 7200 P.017/026

October E,. 2014- February 28, 2017 Page 11

The Health !and Safety committee .shaJI make inspections of all job sites at its discretion.

14.02 E\lery January, the Employer shalf pay to each employee on the payroll as $t DecellJber ll:l; and who has compl~fed probation, an allowance based on hours wOfked in the prior calendar year multiplied by the PPE amount In Schedufe "A"

i4.03 All employaes shan suppfy their own hammer. tape and pouch, PPE and work wear except as.outlined herein.

14.04 All employees wlll be provided with rubber boom When required in the normal cow·se ofiheir duties a.~ determined by supenrisory personneL

14.05 The Employer vlfill provide adequate full protection. including harnesses and rel:&ted equipment

14.06 The Employer wil! pay one hundred doltars {$100.00} fur completion of a first aid certificate. This shaJJ irldude new end renewal certificates whrch are in effect for at least twenfy-fu\Jr (24) months. Where such training is mandatory. the Employer w'ilf pay employees their straigtlt time rogular rate of pay· for all hours attending such trainrng and not the one hundred dol lam ($~1 00.00).

ARTICLE 15 • HEALTH INSURANCE PLAN ANO PENSION PLAII\l

15.01 Health Insurance Plan In order to assist in the protection of the eroployees: families from the f.incmciaf hazards of HJness, the Employer agrees to contribute the hourly amount in Schedule ~<A"' fur empfoyoo health' insurance.

15.02 Subject to the errtry requirerperrts of the OLAC Health Fund, the fund agrees to keep each emplpYee fur whom the ElnpJoyer has remitted monies, covered for all Health Fund benefits, as long as there is enough money 1n the employee's premium account.

15.03 In case there is not enough rr..oney in the employee•s Premium account, the employee v.tiii be notified by tho ClAC Hrofth Fund and gfven an opportunity 1o remain covered on a pay direct ~s-

15.04 The Employer will deducl from each employee's cheque, the amount directed by the Union to implement the Uofon's Long Term Disability 1rn;urance progmmrn.e. This deduction is currently thirl)'-fiVe cents ($0.35) per hour.

15.05 1l}e parties ·agree that the sole responsibility of the Er'npioyer related to hearth in~urance benefits fs to remit the agreed amounts for the oost of the health Insurance.


Collective Agreemet~t Nortit@C and' Local 51, Ci..AC

FAX No. 905 945 7200 P. 018/026

Octob~r 8, :Z014- Febros.ry :za. 2017 P:age1Z

It ls the Union's responsibility to enroJ employees in the pfan rn a timely fashion. advise them of the lave! cif benefit provided and furnish such benefits :i'n accordance with the rules of the plan. Nothing herein shaff be construed to make the Employer the insurer of the benefits.

15.06 Pension Plan

The Pension Plan is maintained and adm7nls00red by fhe. Onion and is supervised by a Board of Truste~. Registered with the Canada Customs and Revenue Agency (CCRA) and the Financial Services Commission of Ontario (FSCO) as Pension Plan #0398594, the Plan is designed for the benefit of all etnpfoyees covered under 1his Agreement.

The Pension amounts will not be considered .as part of an empfoyee's gross wage for income tax purposes.

15.07 The Empi<JYti3r agrees to pay. begir'lning the first (1~· day of etnpto)'ment. an hourly amount in accordance with Schedule "'A." to the Uni.on fnr pension for each hour worked by each employee covBf'ed under thfs agreement as an irrevoaable contribution to the Union's Pension Plan described above.

15.08 The Employer a,grees to deduct an additional amount by way of payroll deduction and remit to the Union's Benefit Adrnini'Slla!fun Office as voluntary employee pension contributions over and above the· contributions noted in Schedule A.. Such amounts shail not eX.Geed the limtts established by Reven~e Canada. These monit*; Will be recoroed separtrtely on the EmplOyer's monthly· rem:ttance to the Benefit Administration Office_ A request for such deductions shall be submrt:tad to the Employer in a format provid.e.d by the Benefit Administration Office. A copy of the completed fonn shall be sent 1o the Benefit Admlruztrntfon Office with the first remittance of such additional voluntary contributions. Employees may change, commence or terminate their voluntary additional cdntr'ibutions effective April 30 and October 30 af every year.

ARTICLE 16- EOUCAilDN, ~NO TRAINING FUND

16.01 The Employer agrees to contribute the amount Usted in Schedule "A.; to the Union Education and Trarning Fund for afJ hours worked by aU employees.

16.02 Conilibutions to the Fund will be used by the Union to a~ist rnembe~ in exerclsfng their rrght to work and have access to jobsitas, to educate and jrofruct members in the competent and safe prac:tic.e of their trade and to instruct stewards in the practice of progressive labour relations on behalf of the members.


CoUective Agl"eement Norther;; and L.oca,l 52, CLAC

Oc:tol,ler 8,. 2014- February 28. 2017 Page13

ARTICLE 11 ·INDUSTRY FUND

17.01 The Employer shall contribute :and remit the amount listed in Schedufe "A" to the Unro~·s fndustry Fund for eadl hour worked by each employee covered by this Agreement ·

17.02 The Jndusby Fund is used to promote the CtAC model of o~n shop unionized construction representation. This rs affected by industry development, focusing on ownsrs and purc~ssrs of oor~truction servloes advocating at munrclpal and provincial government.. representing open shop union principJes at industry conferences and events, and advising the Urnon leaders, including staff and Stewards of opportunrues and means to promote the ClAC mm:teL The Fund is used as determined by the Uniort to wengthen·the. position of the Unlon, Its members· and contractors_

17.03 The Industry Fund is nat used to fund a grievance or any legal proceeding :against any contractor signatory to Gi.AC or an affiliated JocaL

ARTIClE 18 ~lEAVES OF ABSENCE AND BEREAVEMENT PAY

18.01 The Bnployer shan grant leaves of absence without pay·for the following reasons:

a. marriage of the employee;

18.02

18.03

18.04

b" sicknoos df the employoo or empl~yee's immediate family;

o. death in the immedia:l:e family;

d_ the birth, or adoption of an employee's child.

Normalty a pers<ma1 I~ of absence as· d8Scobed above shall no~. exceed one (1) week, unless a k>nger period oftfme is granted hythe Employer.

Bereavement loave An employee wno has completed probation shaH be grarl'ted three (3) days leave of absence with pay at his regular straight time hourfy rate to make arrangement~ for and to attend the funeral of his parents or step parents, parents of his .spouse, ,spouse or common-law spouse, child, br:ofuer, brother-in-taw, sicter, sister-in-law, grandparertt or grandchild.

Employees Who faH to report for work as sch~uled without giving a justifiable reason shafl O.e deemed to have volu!l'farily quit


conecfive Agreeroent Nortflec and Local S2.t CLAC

AR"nGLE 19- GRJEVA.'\ICE PROCEDURE

FAX No. 905 945 7200 P. 020/026

Octob4lor8, 2014- February 28,2017 Page 14

19.01 The parties to this Agr~ment recognize the Sfswards and fhe CI.AC RerJresentafives specified In Artide 4 as the agents through which employees shall process their grievances and receive saftlement thereof

19.02 The Employer .or the Union shan not be r~u!red to consider or process ~ny grievance which arose out of any action or condition more than five workdays after the subject of such griBVance ·occurred. If the action or condition is of a con'l:jnuing or recurring nature. this limitation period shaH not begin to run until the action or condifron has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, ~pplication or administration of this Agreement

19.03 A "'Group Grievance"' is defined as a single .grievance, signed by a Steward or a CLAC Representative on behalf of a group of employees who have the same oomplaint Such grievances mus1 be dealt wrth at successive stages of the Grievance Procedure commencing wiih Step 1. The grievorn shall be listed on t~e grievance form.

19.04 A "Policy Grie'ifance" is def7ned as one which involves a question relating to the interpretation, application or admirris-tratron of this Agreement A Policy Grievanoo may be submit1ed by eit.her party to arbitration ur.der Artide 20, by-passing Steps 1 and 2. Such Polley Grievance shall be signed by a Steward or a CLAC Representative, or in ~he case of an Employer's Policy Grie\ta.nCG, by the Employer or his representative,

19.05 Step 1 Any emp1oyee having a grievance will, acoompc;nied by a Ste\11.-ard or a CIAO Representative. submit fue same ro his immediate ,supeNisor within five workdays of the act or condiOOri causing the grievance. This supervisor will deal wrrh the grievance not later than the fuird workday fullot'Ying the day TJpon which the grievance is submitted and wil{ notify the grlevor and the Union Represa.ntative of his decisioll in \Nril:ing.

Step 2 If the grievance is not settled under srep 1, a CLAC Repres~n1a1ive may within five wor1<da~ of the deciskm under step 1 r or within flve worf<;days of the day th;s decision should have I;een made, submH: a written grievance to the Employer_ The parties shall meat to discuss the grievance within one week afrer the grievance has been filed. The Employer shall notify the grievor and the. CL.AC Representative of his pecision In writing within three workdays following the safd meetlng.

~---~-----~-----~- ~-~~--~--~~--


Collactivta Agreement Northec: a.nd Local 52, ClAC

ARncLE 20.- ARBITAA TlON

OetDbo~r 8, 2014- Febrrua.ry 28, 2017 Page 15

20.01 If the parties fair to setlle the grievance at Step 2 of the Grievance Procedure, the grievance may be referred to arbitration undarthefoflowmg procedure.

20.02 The party requiring arblfrat!on must serve the other party with written notice of desire to arbitrate wfthirl ·fourteen d<:ws after ~rving the decision given at Step 2 of the Grievance Procedure.

20.03 Jf a notice of desire to arbitrate is ssrvad, the two parties shall attempt to agree upon an arbitrator by notifying the other party .of the nGme o'f its nominee. If they are unable· ro agree upon an Arbitrator within seven (7) days, either party may request the Minister of Labour to appoint an. Arbitrator.

20.04 No person ~Y b~ appointed as 1\.rbltrator who has been involved rn an attempt to negotiate or settle th~ grievance.

20.05 Notices of desi're to arbitrate and of nominations of an arbitrator shall be served personally or by registered maiL If served by registered mail, the date of mailing shali be deeme..d to Lethe da:te of service. ·

20.06 If a pa:rly refi.,ises or neglects to answer a ,grievance at any stage of the Grievance Procedure. the other party may. commence arbitration proceedir1gs and if the party in default refuses or riegle~s to appoint an arbitrator in accordance with Article 20.03, the party flot Jn defaL~ may, Upon notiCe tO the party in defauft, appoint a single arbijrator' to hear 'the grievance. The Arbitrators aod his oocision shall be final and binding upon both parties.

20.07 It is agreed that the Arbnrator shall have the jurisdiction, power and authority to give relief fur default In oomplying with the time limits. set out ·in Art~e 19 and 20 where it appears that the detauft was owing to a reliance upon ·the words or conduct of the other party.

20.08 Where the Arbrtr'at.or is of the opinion that there is proper cause for disciplining an employee, but considers the p.enaJty imposed too severe lo view of the. employee's employment record and the circumstances surrounding the discharge or suspension, the Arbitrator may substitme a panaJty which !s. kl its opinion1 just and equitable. This: clause shall not apply i:o the dlscha.rge of a probationary employee,

20.09 The parties hereto will jointiy bear the expense af the Arbitrator.


CoUective Agmmnen.t Northec and l.ncaJ 52. CU\C

FAX No. 905 945 7200 P. 022/026

Oc;tobed~, 2014-February 28, 2D17 Page 1S

ARTICLE 21 -DISCHARGE,. SUSPENSION ANO \"'ARNUio~G

21.01 An employee may be suspended or disCharged fur just cause by the Employer. Just cause may ihcfude the refusal by an employee to ablde by Safety Regulations; the use of illegal narr.o'tics or afcohof at work or reporting for work while under the influer'!Ce of such substances; the refusal by the employee to abide by the mqulrem~n~ ·of the Employer's .dients; the refusal by the-employee to abide by the reqtJirements of the Employers tur~ regulations, policies ~nd pracfice3. Such suspensioh or discharge is subject tQ the Grfevan~ proQ?dore.

21,02 When the conduct. or performance Of an employee caHs for~ written warning by the Employer, such a warning .Shall be rtoted by the Employet. The Employer shall inform the Union steward of the '\71t'arnlng wtthln twerrty--four (24) hours.

21.01 The Employer shall make best efforts to ensure that a suspen'->ion or tennination is iSsued at -a meeting wifu the employee and m the presence of a Union Stevvard. The Emplayar will infomi tha steward. on site (ff available) -or the Union's Chief stewaro of the discipline and the time and focetion of the meeting. If a steward is not avaifabJe fur the meeting; the Employer shari have the. right to issue the suspension or termination witliout a steward present The wtif:ten discipline will be copied 1o the ~ward and GLAG office.

ARliCLE 22- UNION REMI1TANCES

22.01 111€- Employer shalf provide the Union with ali ne~wy information regarding retnittances to the Union as· agreed in this Colled:ive Agreement. that is, fur Union Dues and fees, vacation pay. heaH:h msutances, pension, E~ucatlon andAssiStanre Fund) Industry Fund and any other funds per mutual agreement.

22.02 The Employer will advise the Union of the names of all new employees, their address, telephol~ number, email address, date of birth, SIN, date of hire, job classification and rate of pay within. three days of hire.

22.03 The Employer will advise the Union of aTI changes in job classification, changes in rate of pay, l~y-offs and terrnjrmtions wcthm three days of such changes.

22.04 The Empfoyer will fbrward to the Union: Office not later than the ilfteenth (15th) of the month fullowi~ the month far which amounts are owed each month, remittance infunnatitm togethenwh a cheque for the total amount owed.

22.05 The monthly remittance mformation required by the Union is laid ol:lt' in a di(Bdlve and within a template spread shaet to. be furnished by tho Union includes:

a. Employee nama, rate of pay, hours worked at regular time and overtime rates,

lO{ ~

JAN/18/20 17/WED 03: 24 AM C. L.A. C. CRIMSBY FAX No. 905 945 7200 P. 023/026

Collective AQ'r:Mment l'llcrthec and Local 52, ClAC

0-:tober 8, 201-4 ~ rdlnm.ry Zlll, 2017 ~o17

b. Employercontrlbutfnn tn each ofthtHunds,

c. Employee contribution fur Union Does and to any funds1 where required,

d. total sum of Employet contnbution. and

e. any other information the union needs and which is elther requ:red by raw or by agreement of the emprO',~ees.

ARTICLE 23 -DURATION

23.01 This Agreement shall be effectiVe on 1tle eighth (8th) dpy of October, two thousand and fourteen (2014) and shafl remaln in effuet" until the tw.anfy-eighth (28t, day of February, two thousand and sevenfBen (2017) and for further periods of one (1) year unless notice shall be given by erther party of the desire to delete, change, or amend ariy of the provisions contained herein. within the period from ninety days prior to the ren·ewal date, Should neither of the ~arties give such notice, this Agreement shall renew fur a period of one (1) year.

23.02 Should negotiafions not be completed prior to the expiration date of this Agreement all negotiated rt:ems· shafl be retroactive from fue dare of signjng to the e-xpiration date of the expired Agreement.

23,03 Until a new Agreement has. been concluded all pro\fisions in this Collective Agreement shaU remain in fun force and effect.

t:4 Signed this __ 6_ day of October, 2014.

For the Employer For the Unioh

A~~» d.trtUt&d /'/_;.;_~I [ ~ c --~~--~----------

! ~t251 t:x;?;c.JT .

JAN/!8/2017/WED 03:25AM C.L.A.C. GRIMSBY FAX No. 905 945 7200 P. 02 4/026

Collocllvl! Agr.eecuenf: Oclober a, .2014- February 23,2017 Northec and lncaW 52, Cl.AC Page 18

------------------------~----------------------~--

Worklng For.epei'SOn, Diesel Mechanic

Oct1!14 Mar 1115

Mar 1/16

Lead Hand, Equipment Operamr I, SUNeyor Ocf1/14

Mar 1/15

Mar 1/16

Labourer Class A

Oct 1/14 Mar 1/15 Mar 1116

Equi;lm.ent Operator 11. Welder, A.:Z. D~Wei' Oct 1/14

Mar1/15

Mar 1/16

Skilled Labourer

Oct1!14 -Mar 1/15 Mar 1!16

Equipment Operator nl

OcU/14 Mar 1{15 Mar1/16

SCHEDULE "A"

CLASSIFICATIONS AND H'OURl Y RATES

Rate Vac:

Pension Health EAF Pay 31.00 3.10 2.17 '1.76 0.16 31.54 3.15 2...21 1.85 0.17 31..57 3.26 22'8 1.9'? 0.18

Rat& vac Pension Health ~f P~y

27.50 2.75 1.93 1.75 0.16

27.98 2.80 1,96 "'L85 0.17 28.8.9 2.89 2.d2 1.97 o:rB

Rate Vac

Pensmn He~ltti EAF Pay 26.00 2.60 1.82 1.75 0.16,

26A6 2..85 1.85 1.8.'5 o.rr 27.31 2..73 1.91 1.97 0.18

R:ate Vac

Ponsi(m HeaiHl EAF Pay 2.5.00 2.50 1.75 1.75 0.16 25.44 2.54 1.78 1.85 0.17

2626 2.63 1.84 U17 0.18

Rate Vac

Pension Health EAF Pu:Y'

2.4.00 2.40 1.68 1.75 0.16

2.4.42 2.42 1.71 1.85 0.17 25.21 2.55 1.76 1.97 0.18

FQlte Vac

Pension Health E.AIF Pay

23.00 2..30 1.61 1.75 0.16

23.40 2..34 1.54 1.85 0.17 . 24.16 2.42 1.69 1.97 0.18

rF PJ:l~ Total

0.15 0.15 38.48 O:T7 0.17 39.26

0.18 (1.'18 40.4

iF PPE Total

0.15 0.15 34.39 l 0.17 0.17 35.10

0.18 0.18 36.33

JF PPE Total

0.15 0.15 32.63

0.17 0.17 33.32 0.18 0.18 34.48

lF PPE Total

0.15 0.15 31.46

0.17 0,17 32.12

0.16 0.18 3325

!F PPE T{)tal

0.15 0.15 3029 0,17 0.17 30.93 0.18 0.18 32.03

IF PPE Total

0'.15 0.15 29.12

0.17 0.17 29.74 0.18 0."18 31.80


Collective Agreement N:orthec and loc:at 52~ CLAC

Genend l.l\boOJRr

Oct 1/14 f.---~··

Mar 1/15

Mar 1/16

Eqoipment Operator 1Y

Oct 1/14 Mar 1/15

Mar 1116 -

Crane Opara1.or

Oct1/14 Mar 1/15

Mar 1/16 ~-·

Stud~t

Oct i/14

Mar 1115

Mar 1/16 '--·--,-.·

Rate

22.00

22.~9

23.12

R. 20.00 20.35

21.01

Rata

40.00 40.70

42.02

~ate

16.00

1'G.28 16.'81'

Definitions for Schedule "A"

V;ac Ptmsion Pay

220 Ui4

2.24 1.57 2.31 1.62

Vac Pension Pav

2.00 1.40 2..06 '1.42.

2..12 1.47

Vac Pen~ on Pav

4.00 2.80 4.07 2.85 424. 2.97

.. ·-·-H·--vac Pension Pay 1.60 -1,63 -1.68 -

Odlo.he.-n, 2014-F=ebru;Uy :28.2017 .P~e19

Health EAF IF PPE Tota1

1.75 0.16 0;1.5 0.15 2.7.95 1.85 0.17 0.17 0.17 28.56 1.97 0.18 0.18 0.18 29.58

Health EAF IF PPE Total

1.75 0.15 0.15 0.15 25.61 1.85 0.17 0.17 0.17 26.'17

1~97 (US 0.18 0.18 27.11 - ··-

Heaktb EAF IF PPE Total

1.75 0.1.6 0.15 0.15 49.01 1.E5 0.17 0.17 0.17 49.98

1.97 0.18 0.18 0.18 51.70

-·- ··--"" _ .......... Health EAF IF PPE Total

- 0.16 0.15 0.15 17.74

- 0.17 0.17 0.17 18.42 - 0.18 0.18 0.18 1'9.05

a Diesel Mechanic - a hea\fY' duty diese! mechanics who possesses a Certificate of Qualification or an inmrprovrncia1 Red Saal or eq.uivalant license acceptable to the Empfoyer.

b. Welder- CWB certified welders (aU position).

c. Lead Hand -Assistant to Working Foreman. A lead Hand is appointed where the job Foreman is off site for more than '!12 the- day.

d. Craoe Operat('lf - the wage or salary rates for all Hoisting Er1gineers to be determined based on work schetlule, size and type of equipment and will be at least $40 per hour. Working and stand-by time is at least 11 hours per day and 5 days per week,

e. Equipment Operator I - track excavato~. dozers. gr.adefb and operators of similar skll!

orope.Taling slmilar equipment. ~. De~

JAN/18/2017/WED 03:25AM C.L.A.C: GRIMSBY

CoUacthre Agreement Nortllec ~ LoC<t~l 52. CU\.C

FAX No. 905 945 7200 P. 026/026

Octobers~ 2014-Febroary 2812017 Page20

f. Equipment Operator II - rubber tira loaders, back hoes and operators of similar sk.ilt or operafing similar equipment.

g. Equipment Operator !II- straight dump road trucks1 off-road whether articulating trucks and straight trucks (e.g. 777 type trucks) and operators of similar skt11 or opemting similat equipment.

h. Equipment Operator tv--pac¥.ers. rollers and opera!ors of similar s!QII or operating similar eqoipmsn.t

L Labourer Class <'A"'- Grademan, Form Setter. Cement Finisher, Pip~layer, Asphalt Raker, Rebar Tte-er and similar workers who are well quafitied and able to work with minimal supervision,

j. SkiUed Labourer- Construction Labourers,

k. General Labourer ~ TGPs, spo'trers1 swampers, signal persons and Labourers with less than ~ years construction experience.

Notes

1. Working foreman and Laa.d Hands shall be designated by the Employer.

2. Union members assigned to the Emplo.yers project are to be classified and paid by the Employer, giving due consfderatlon to tbe Union's recommendation which shall be given in good faith.

3. Rates on new equipment to be a~signed by mutual agreement

4. Trainees~ New General Labourers and Equipment Operator Trainees may be paid may be paid $3.00 less than the applicable rate for their first 3 months and $1.50 less than the rate for the next 3 months. After 6 months the ~for the cfac;sffication is paid.

5. The above wage rates are applicable to fue W'ork within the geographic scope of the woi'k described In Article 2.

6. Small equipm\7}nt (e.g. Bobcat size/style ~uip:ment \Mth attaGhments and slmlfar equipment) rriay be operated by laboureO>.

7. Te~hncilogical Change: Class and wage rates for new equipment ~d technologies shaD be assigned by mutual agreement to the wage· giid or to a .new classification and wage rate. If the Employer and the Union cannot come to a mutual agreement, the Employer may assign a. wage rote and dassitication whrch rs subject to the grievance

and arbitration procedure outlined in !his Collactlva Agreement.

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