FILE No. 0~ 3- (b~ CERT.Fll.E

CERT. DATE COLLECTIVE AGREEMENT

TOTALEMPS c5U1 Law Crushed Stone EFF. DATE 'QJ · ~--{3- '0 ~ (A Division of Hard Rock Paving) EXP. DATE 0 f - fF6-0CJ -and- CODING CONTROL DATE

Hamilton and Niagara Trade Union Council IDENT CODED ~Jt!LU I~ 1£ hereinafter referred to as the "Council" RECEIVED-

UNION 11 EMPLOYER ARTICLE 1 -PURPOSE

OTHER 1. The general purpose of this Agreement is to establish Collective Bargaining re I ttuns lllt: ~"'~ovyvo

and the Council; to continue the co-operation and spirit of good will between the Employer and its employees; to provide machinery for the prompt disposition of grievances arising under this Agreement; and to set forth negotiated conditions of employment for all employees who are subject to the provisions of this Agreement.

ARTICLE 2 • RECOGNITION

2.1 The Employer recognizes the Council as the exclusive bargaining agent for all employees of the Employer engaged in its quarry employed at or working out of Wainfleet, Ontario, in and out of the Regional Municipality of Niagara and the County of Haldimand, save and except foreman (salaried), persons above the rank of foreman (salaried), administrative, management, office and sales staff. The Employer's Equipment Maintenance staff (Mechanics, Welders etc) and construction operations shall be covered by the terms and conditions of the Collective Agreement between the Council and Hard Rock Paving Company Limited.

2.2 Employees of the Employer not covered by the terms of this Agreement will not work on jobs which are normally performed by employees of this Bargaining Unit except in situations involving instruction, experimenting and emergencies or maintenance, when there as a shortage of qualified manpower or when work involved is less than two (2) hours duration.

ARTICLE 3- RELATIONSHIP

3.1 The Employer/Employee shall exercise its rights under this Collective Agreement fairly, reasonably, in good faith in a manner consistent with this Collective Agreement.

3.2 If a Business Agent of the Union wishes to enter the Employer's premises in the administration of this Agreement he shall request permission from the Employer and such permission will not be unreasonably withheld. The Business Agent shall give prior notification to the Employer of his desire to enter the Employer's premises and if permission is granted by the Employer, the Business Agent may be accompanied by an official of the Employer and the Business Agent shall not interfere with the work of the employees or the operation of the Employer.

ARTICLE 4 ·STRIKES AND LOCKOUTS

4.1 In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Council agrees that during the life of this Agreement, there will be no strike, slow down, or stoppage of, or interference with work or production either complete or partial, and the Employer agrees that there will be no lockout.

Law Crushed Stone February 2/06- February 1109

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Article 4 -continued

4.2 The Employer shall have the right to discharge or otherwise discipline employees who take part in or initiate any strike, picketing or slowdown or any other act which interferes with the regular schedule of work.

ARTICLE 5 - MANAGEMENT RIGHTS

5.1 The Council acknowledges and agrees that it is the exclusive function and right of the company to generally manage the industrial enterprise or enterprises in which the Company is engaged. Without limiting the generality of the foregoing, management's rights shall include:

a) The right to maintain order, discipline and efficiency, and in connection therewith, to make, alter and enforce, rules and regulations, policies and practices, to be observed by its employees; the right to discipline, discharge, suspend or demote employees for just cause, provided that such action may be the subject matter of a grievance and dealt with as hereinafter provided.

b) The right to select, hire, transfer, assign to shifts, promote (subject to Article 9 herein), classify and retire because of age and infirmity; to lay off and recall employees (subject to Article 9); and to select employees for positions excluded from the bargaining unit.

c) The right to determine: the location and operation of the Company's plants and other facilities and their expansion, the curtailment or discontinuance of such plants and other facilities; the direction of the working forces; the services to be furnished; the products to be manufactured; the subcontracting of work; the schedules of work; the number of shifts; the methods, processes and means of performing work; job content and qualifications; the use of improved methods, machinery and equipment; quality and quantity of improved methods, machinery and equipment; quality and quantity standards; the qualifications of employees; overtime; the number of hours to be worked; starting and quitting times; financial policies, including general accounting procedures, prices of goods sold and customer relations. The Council agrees that the above enumerated matters are solely and exclusively the responsibility of the Company.

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

ARTICLE 6 -STEWARDS AND COMMITTEEMEN

6.1 It is mutually agreed that employees shall not be eligible to serve as stewards or members of any committees established under this Agreement until after they have become permanent employees of the Company.

6.2 Stewards and Members of committee, have regular duties to perform on behalf of the Company. Such persons will not leave their regular duties without receiving permission from their foreman or immediate Supervisor and such permission will not be unreasonably withheld, and when resuming their regular duties they will report to their foreman or Supervisor.

6.3 The Employer agrees to recognize a maximum of one (1) steward from each Union as may from time to time be appointed by each Union, but shall not be obliged to recognize such stewards until they have been informed in writing of the names of all stewards as they were appointed. The stewards shall be one of the last two employees covered under the terms of this agreement to remain working providing he is competent and capable of doing the remaining work.

b) No discrimination shall be shown against any steward for carrying out his duties.

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Article 6 -continued

6.4 Stewards and Negotiating committee members will not absent themselves from their regular duties unreasonably in order to deal with grievances of employees, or with other Union Business with the Company, and in accordance with this understanding the Company will compensate such employees for the time spent in handling grievances of employees and attending meetings of the Grievance and Negotiating Committee, at their regular rate of pay, and this does not apply to time spent on such matters outside of regular working hours unless mutually agreed between the Employer and the Council.

6.5 The Company shall recognize a Negotiating Committee comprised of two (2) employees and one alternate. Such Negotiating Committee is to function solely at the renegotiation of this Collective agreement.

6.6 The Company will supply to the Council the names of their Foreman, Plant Superintendent, General Manager and any subsequent changes.

ARTICLE 7- GRIEVANCE PROCEDURE

7.1 There shall be an earnest effort on the part of both parties to this Agreement to settle promptly through the procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this Agreement.

7.2 All grievances to be dealt with under Step 2 below, shall be in writing, on forms supplied by the Union and signed by the employee having such grievance.

7.3 Written grievances, to be valid, shall set out the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought, and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the case of remedy, by an Arbitration Board.

7.4 In determining the time which is allowed in the various steps, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing.

7.5 If advantage of the provisions of Article 7 and 8 hereof is not taken within the lime limits specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened.

7.6 The Company shall designate and name the official to whom a written grievance is submitted in Step No. 2.

7.7 It is understood and agreed that an employee does not have a grievance until he has discussed the matter with his foreman or other supervisory personnel acting in this capacity and given him an opportunity of dealing with the complaint. His decision shall be made known to said employee within forty-eight (48) hours.

Grievances properly arising under this Agreement shall be adjusted and settled as follows:

STEP 1 -Within five (5) days after the circumstances giving rise to the grievance occurred ororiginated, the aggrieved employee, with or without the steward, shall present his grievance in writing to the official of the Company named by the Company to handle grievances at this step. If a settlement satisfactory to the Union and the employee concerned is not reached within four (4) full working days, a grievance may be presented as indicated in Step 2 at any time within four (4) full working days thereafter.

STEP 2- At this step the grievance may be processed as an individual, joint, or Union grievance and shall be presented in writing by a Union Steward or Representative to the Company official assigned to handle written grievances. Should no settlement satisfactory to the Union or Company be reached within five (5) full working days the grievance may be submitted to arbitration. The Company or the Union may process or initiate a written grievance at this step concerning the interpretation or alleged violation of the Agreement.

Law Crus/red Stone February 1/06- February 1109

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ARTICLE 8 • ARBITRATION

8.1 The parties to this Agreement agree that any grievance concerning the interpretation or alleged violation of this Agreement which has been properly carried through all the steps of the Grievance Procedure outlined in Article 7 which has not been settled will then be referred to a Board of Arbitration at the request of either of the parties hereto.

8.2 The Board of Arbitration will be composed of one person appointed by the Company, one person appointed by the Union and a third person to act as Chairman chosen by the other two members of the Board.

8.3 Within ten (1 0) working days of the request by either party for a Board each party shall notify the other in writing of the name of its appointee.

8.4 Should the person chosen by the Company to act on the Board and the person chosen by the Union fail to agree on a third member as Chairman within five (5) days of the notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to appoint a Chairman.

8.5 The decision of the Board of Arbitration or a majority of such Board of Arbitration, or in the event that there is no majority, the decision of the Chairman of the Board of Arbitration, constituted in the above manner, shall be binding on the parties to this Agreement.

8.6 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement nor to substitute any new provisions for any existing provisions, nor to give any decisions inconsistent with the terms and provisions of this Agreement.

8.7 Each of the parties to this Agreement will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expense of the Chairman.

ARTICLE 9 ·SENIORITY

9.1 Employees who have attained seniority prior to February 1, 2000 will maintain their seniority as per the terms and conditions of this collective agreement. After February 1, 2000 employees will not be eligible to attain seniority.

9.2 Seniority lists shall be prepared and posted by the Company once a year and a copy will be made available to the Union business agent and the steward.

9.3 Loss of Seniority

An employee will lose his seniority rights and his employment shall cease for any of the following:

a) if the employee voluntarily quits his employment;

b) if the employee is discharged and not reinstated pursuant to the provisions of the grievance procedure herein;

c) if the employee is laid off and fails to return to work or to give satisfactory reason for not doing so within five (5) working days after he has been notified to do so by registered mail; it being the employee's responsibility to keep the Employer notified of his current address;

d) if the employee is not recalled to work within twelve ( 12) months from the date of his last day of work before layoff excepting sickness;

e) if for reasons other than illness or other satisfactory excuse the employee fails to report for duty for three (3) consecutive working days;

Law Crus/zed Stone F ebmmy 2/06 - February 1/09

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Article 9- continued

f) Should an employee be transferred outside the bargaining unit, and then returns to a position within the bargaining unit within twelve (12) months, he shall retain the seniority previously acquired, along with the additional seniority accumulated within the twelve (12) month period. However, an employee may exercise the option only once in each calendar year;

g) If an employee accepts a recall from layoff and fails to report as scheduled except as may be authorized by the Company.

9.4 A person who is rehired after losing his seniority will be classed as a new hired employee.

ARTICLE 10 ·LEAVE OF ABSENCE

1 0.1 Leave of absence shall mean an absence from work requested by an employee in writing and consented to by the Company. Leave granted shall be in writing covering a specified period of time. Leave of absence shall be permissive only and shall be without pay or any other form of compensation, and the employee shall not work in any other position during leave of absence unless agreed to by the Company in writing.

10.2 Any delegates of the Local Union not exceeding two (2) in number at any one time, elected or appointed by the Union for the transaction of Union business, shall be granted a leave of absence without pay and without loss of seniority for a reasonable time not to exceed five (5) working days in any one (1) calendar year. In any event, the total number of days of leave of absence granted in any one ( 1) calendar year for all such employees shall in the aggregate and including all occasions, not exceed a total of ten (1 0) working days. The union agrees to notify the Company in writing at least seven (7) days prior to the request for such leave of absence.

10.3 The foregoing limitations shall not include lost time spent in handling grievances or in negotiations for a renewal of this Collective Agreement.

ARTICLE 11 • JOB VACANCIES/TRANSFERS

11.1 In all cases of filling permanent job vacancies in the bargaining unit, the following factors shall be considered:

a) length of continuous service; b) experience, efficiency and qualifications; c) fitness and reliability; d) license or certificate required.

Where the qualifications in factors (b) and (c) are relatively equal in the judgement of the Employer, factor (a) shall govern; provided, however, that management shall not exercise its judgement in an arbitrary manner.

11.2 Where a job vacancy occurs or a new job is created, notice shall be posted within five (5) working days at appropriate locations, including all bulletin boards, for a minimum period of seven (7) working days and a copy of the notice shall be sent to the Union Stewards. The notice shall set out a job description, qualifications required by the job, classification, wage rate and other related duties. The Employer will enclose job vacancies with employees' pay cheques.

In filling job vacancies, the job shall be awarded within ten (1 0) working days of posting. Written notice of the accepted applicant shall be given to the Union Stewards.

11.3 It is understood and agreed that the Employer shall have the right to temporarily fill any permanent job vacancy pending the outcome of the job posting procedure.

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Article 11 -continued

11.4 Working Foreman - The position of Working Foreman is not subject to the formal job posting procedure. However, a notice of an available or potential available position will be posted and the Employer will consider applications from all employees.

11.5 An employee who is temporarily transferred to a different job classification within the bargaining unit shall be paid while so employed as follows:

a) If the transfer is for the convenience of the Employer and if the rate of pay in the classification to which he is transferred is less than the employee's regular rate of pay, he shall receive his regular rate of pay.

b) If the transfer is for the convenience of the employee or in lieu of layoff and if the rate of pay in the classification to which he is transferred is less than the employee's regular rate of pay, he shall receive such lesser rate, subject to a transitional allowance of one (1) week's pay at his original rate.

c) lithe transfer is to a higher rate classification, then the employee will receive the higher rate of pay.

ARTICLE 12- BULLETIN BOARDS

12.1 The Unions will be accorded the right to have notices of meetings of employees and such other articles or posters or notices as may be approved by the Employer on bulletin boards within the Employer premises, approval of such notices not to be unreasonably withheld.

ARTICLE 13- LABOUR MANAGEMENT CO-OPERATIVE COMMITTEE

13.1 a) The Employer and the Council agree that a Committee will be established as soon as possible for the purpose of discussing and dealing with matters of mutual concern with respect to administration of the terms and the intent of this Agreement.

The mandate of the Labour Management Co-Operative Committee is to develop and maintain a harmonious relationship between the Council and the Employer through a mutually developed, formal strategy of commitment and communication. It is intended that this Committee will provide the Employer with suggestions and recommendations regarding safety, efficiency, productivity, rules, regulations policies, practices and discipline.

It is understood that the above enumerated matters are not binding on either party.

b) Members of the Labour-Management Co-operative Committee will be determined by the Employer and the Council. This committee will be made up of the negotiation committee for the duration of this agreement.

c) Meetings to be held on a mutually acceptable schedule, but not less than six (6) times per year. Hourly paid members will be paid at their straight time hourly rate for meetings held at times other than normal working hours.

13.2 Job description and training periods will be discussed at the Labour/Management Committee level.

13.3 The Employer and the Council agree to co-operate in the furtherance of the safety and health of employees of the Employer during working hours.

13.4 The Employer and the Council agree to co-operate in the creation and functioning of a Safety Committee to be comprised of two (2) Employer representatives and two (2) employee representatives.

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Article 13- continued

13.5 The Council agrees to co-operate with the Employer in promoting safety in the workplace and to assist the Employer in enforcing the Employer's safety policies as well as any applicable legislated regulations. As a condition of employment, employees must comply with the "Employer's Safety Policy and any applicable legislated regulations".

13.6 The Employer agrees to one (1) hour straight time pay for cancelled meetings if twenty (20) hours' notice is not given.

ARTICLE 14- HOURS OF WORK AND OVERTIME

14.1 It is hereby expressly understood and agreed that the provisions of this Article 14 are for the purpose of computing overtime and shall not be construed to be a guarantee of or limitation upon the hours of work to be done per day or per week or otheiWise, or as a guarantee of working schedules.

The Employer will provide twenty-four (24) hours' notice, whenever possible, of shift changes.

14.2 The normal hours of work per day and per week shall be as follows:

a) Quarry- nine (9) hours per day and forty-five hours per week. Asphalt Plants- nine (9) hours per day and forty-five per week. Portable Crusher (Outside of Quarry) Board Area 5(Niagara Region) Hard Rock Projects- Ten (1 0) hours per day and Fifty hours per week. The rate of pay shall be the greater of the "Quarry rate of pay or the Hard Rock Paving rate of pay. Other than Hard Rock Projects Nine (9) hours per day and forty-five per week and the Quarry rate shall apply.

Board Area 26 (Hamilton Wentworth) The Employer shall apply the wage rates and conditions of the appropriate Local Agreement when working in Board Area 26.

b) Upon agreement with the Negotiating Committee, the Employer may implement a four (4) day work week for the period commencing approximately the second Monday of May and terminating the second Friday of September in any calendar year. The "four (4) day work week" will consist of four (4) consecutive days work in a period of five (5) consecutive calendar days. Such days will not include Saturday or Sunday.

c) All employees hired before January 1, 2006 have the right to apply for the posting of the portable crusher and remain working nine (9) hours per day, forty-five (45) hours per week. All employees hired after January 1, 2006 for the portable crusher posting will work ten (1 0) hours per day, fifty (50) hours per week.

Overtime will be paid at time and one-half (1-1/2) the employee's normal straight time hourly rate for hours worked in excess of eleven (11) hours per day or forty- four (44) hours per week.

14.3 Overtime at the rate of time and one-half (1-1/2) the employee's straight time hourly rate of pay exclusive of premiums shall be paid for hours worked in excess of the employee's normal hours of work per day or per week.

In the event that an employee works continuously past midnight, those continuous hours past midnight will be considered part of the previous day's continuous hours for the purpose of calculating overtime only.

14.4 a) Overtime at the rate of one and one-half (1-1/2) times the employee's straight time hourly rate of pay exclusive of any premiums shall be paid for hours worked on Saturday.

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Article 14- continued

b) Overtime at the rate of two (2) times the employee's straight time hourly rate of pay exclusive of any premium shall be paid for hours worked on Sunday.

c) Employees who work a regularly scheduled shift commencing at or after 3:00 p.m. on Sunday and, employees who voluntarily work before 3:00 p.m. on Sundays in lieu of hours that such employees should be normally scheduled to work after 3:00 p.m. on Sundays shall be paid at their straight time hourly rate exclusive of premiums.

d) Employees who request to work on Saturday or Sunday in lieu of hours that are scheduled by the Employer and are granted permission to do so by the Employer, will receive their normal straight time rate of pay.

14.5 In no case will there be a duplication or pyramiding of overtime, or any other premium of compensation.

14.6 a) There shall be two (2) ten (1 0) minute break periods per day, one in the first half of the shift and one in the second half of the shift.

b) Employees shall be entitled to an unpaid lunch break of one-half (1/2) hour to be taken at a reasonable time, approximately mid way through the shift.

14.7 A shift premium of One dollar & twenty-five cents (1.25) per hour shall be paid for all work performed on a scheduled second or third shift.

14.8 The Employer agrees to provide a reasonable meal or one-half hour at regular time once the employee has achieved three (3) hours of overtime.

ARTICLE 15- DESIGNATED HOLIDAYS

15.1 A seniority employee will be paid for the observance of the holidays listed hereunder, the sum equivalent to his regular hourly rate for the number of straight time hours in his normal work day, provided he complies with the qualifications hereinafter set forth. The designated holidays are:

New Year's Day Victoria Day Good Friday Christmas Day Boxing Day

Two (2) Floating Holiday Days

a) Floating Holidays

Labour Day Thanksgiving Day Dominion Day Civic Holiday

Two (2) Floating Holidays per calendar year are to be taken at a time convenient to the employee, subject to the approval of the Employer and provided the employee has worked one hundred (1 00) days in the previous twelve (12) month period.

Floating Holidays not taken will be paid by the Employer at layoff tim'e or on the last pay in December.

15.2 In order to qualify for payment for any of the holidays designated in this Article 15, the employee must work his full scheduled shift on the day immediately prior to and his full scheduled shift on the day immediately following the holiday, provided, however, an otherwise eligible employee who worked within ten (10) working days before or ten (10) working days after the scheduled holidays referred to in Article 15.1, and who, except for reason of layoff would otherwise be entitled to such holidays, will be entitled to such holidays as paid designated holidays.

Law Crushed Stone Febmmy 2106- Februmy 1109

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Article 15- continued

15.3 An otherwise eligible employee who, by reason of bonafide illness, is absent on either of the qualifying days set out in Article 15.2 herein will be entitled to holiday pay for the holiday in question. It is expressly understood that the employee may be required to supply the Employer with a Doctor's statement to substantiate his claim for the holiday pay and the cost of such Doctor's statement shall be fully paid by the Employer.

15.4 An otherwise eligible employee who is scheduled to work on one of the designated holidays and does work on that holiday shall be paid overtime at the rate of time and one-half (1-1/2) his straight time hourly rate of pay exclusive of any premium for any hours worked on that holiday in addition to his holiday pay.

15.5 An otherwise eligible employee who is scheduled to work on one of the designated holidays but does not report for work and work as scheduled shall forfeit his holiday pay for that particular holiday, provided however, that an employee who is absent from scheduled work on a designated holiday for reasonable cause shall not forfeit his holiday pay for that particular holiday.

15.6 The Employer may substitute another day in lieu of a designated holiday within seven (7) days of the holiday with mutual agreement with the Union.

15.7 If a designated holiday falls on an employee's assigned rest day, the holiday will be observed on the employee's first working day thereafter.

ARTICLE 16- VACATIONS

16.1 Seniority employees shall be entitled to an annual vacation pay in accordance with the following schedule on the basis of seniority as of original date of hire. All outstanding holiday pay will be paid to each employee in the last pay period of October in every year.

On completion of: 1 year 5 years

13 years

4% 6% 8%

18 years 25 years

10% 12%

16.2 The Employer will allow employees to take one (1) week's vacation in the summer.

All employees will make application for preferred and secondary vacation time before May 1st each year and the Employer will post a vacation schedule based upon requests by June 1st. Notwithstanding certain unanticipated circumstances may arise which may necessitate scheduled vacation to be re-scheduled. Scheduled vacation time may be rescheduled with mutual agreement.

16.3 Upon his retirement an employee with 25 years' service will be paid a "Retirement Bonus" equal to one day's pay for each year of service in excess of 25 years.

16.4 Employees who have obtained seniority after January 1, 1997 and all employees hired after February 1, 2000 will not be eligible for the aforementioned vacation pay or the holiday pay outlined in Article 15 above. These employees will receive ten (1 0%) percent of their weekly earnings as holiday and vacation pay which shall be paid weekly to each employee covered by this agreement.

It is understood and agreed that four (4%) of the weekly earnings is to be considered Vacation Pay and six (6%) of the weekly earnings is in lieu of Statutory Holiday Pay.

Law Crushed Stone Febi"UUI"Y 2106- FebJ"uary 1109

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ARTICLE 17- UNION SECURITY

17.1 The Employer agrees that all present employees, covered by this Agreement, shall, as a condition of employment after fifteen (15) days from the signing of this Agreement, become and remain members, in good standing of the Union.

17.2 All employees hired on or after the signing of this Agreement shall as a condition of employment, become and remain Union members within fifteen (15) calendar days of the date of employment.

17.3 All employees in the employ of Employer shall, when working in a position within the bargaining unit described in Article 2.1 hereof, be required as a condition of employment, to sign an authorization for dues check-off and assessments, and any such authorization shall be in duplicate and shall be signed by the employee concerned and duly witnessed.

The Employer agrees to recognize such check-off authorization and to deduct whatever sum may be authorized for Union dues and assessments from the first pay due each calendar month and to remit same not later than the fifteenth (15) day of the same month to the Financial Secretary of the Union.

The Employer shall, when remitting such dues and assessments, name the employees from whose pay such deductions have been made and their Social Insurance Numbers, also the names of any employees who have left the employ of the Employer since the last payment, and the names of employees who have been hired by the Employer, together with their addresses and the jobs on which they are working.

The Employer agrees to deduct from each employee in the bargaining unit, working dues at the rate of 2% of the total monetary package which includes the hourly rate, vacation pay, health plan and pension plan contributions for each hour earned by each employee. Such deductions shall be forwarded along with the remittances required under Schedule "A&B", Article 2 and supporting information shall be as required by the Trustees on the Reporting Forms. Such deductions shall be immediately paid to the Union by the Administrator of the plans.

17.4 a) The Employer agrees that whenever personnel are required to perform work covered by this Agreement, they shall first call the area Union Office for his requirements, unless otherwise agreed to by both parties in writing, such request shall not be unreasonably denied.

17.5 If the Union cannot supply personnel to perform work within two (2) working days, excluding Saturday, Sundays and Holidays, the Employer may hire from any source available to him.

17.6 The Employer agrees to notify the Union within five (5) working days of the employees hired as per Article 17.5 above.

17.7 The Union and the Employer agree that at the discretion of the Union and the Employer, there may be a Evaluation period for new employees not to exceed twenty (20) days of work and during such time period, trainees may be paid one dollar ($1.00) per hour less than the rates specified in this Agreement.

17.8 No work which is normally performed by members of the bargaining unit will be contracted out which would result in a lay-off of bargaining unit employees.

17.9 Advancement Dues Check-Off (Local 793 Members Only) Effective February 2, 2003 the Employer shall deduct ten cents ($0.10) per hour for each hour earned by each employee covered by this Agreement for Advancement Dues.

Law Crusltetl Stoue February 2/06- February 1109

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ARTICLE 18- BEREAVEMENT LEAVE

18.1 When death occurs in a seniority employee's immediate family, such employee, on request, will be entitled to leave for a period not to exceed three (3) consecutive days (or such fewer days) the employee may be absent immediately following the date of the death, provided he attends the funeral. In the event, such employee shall not be entitled to receive any pay hereunder for any day upon which he would not otherwise have been scheduled to work for the Employer. The employee will receive compensation based upon the seniority employee's base hourly rate exclusive of premiums.

For the purpose of this Article 18, the term "seniority employee's immediate family" shall mean such employee's current spouse, parent, child, brother, sister, mother-in-law, or father-in-law, sister-in-law and brother-in-law, grandparents, aunts, uncles, nieces and nephews.

ARTICLE 19 - GENERAL

19.1 Employees shall be paid every Thursday by direct deposit during working hours except when a holiday falls on Monday, Tuesday, Wednesday or Thursday, pay day will be Friday.

'19.2 Asphalt employees required to work any part of their lunch time will receive payment for full lunch period.

19.3 An employee who properly reports for work as scheduled or as directed, unless he has been notified in advance not to report, will receive at least four (4) hours work at his straight lime hourly rate, or shall be paid for four (4) hours at his straight time hourly rate, exclusive of premiums, the employee must be reasonably available to be advised of changes and cancellations. Where an employee has not been working because of illness, leave of absence, or other causes, it shall be his responsibility to arrange with the Employer for his return to work at least one (1 ), but not more than two (2) regular working days prior to the lime of his intended return. Failure to make such arrangements shall mean that such an employee will not be entitled to the reporting allowance referred to herein for that occasion.

19.4 Jury Duty - The Employer will pay the difference in salary to employees serving on Jury Duty on a working day, at regular rates of pay, and providing they report for work by 12:00 hours noon on any working day, if he is dismissed for the day by the Sheriff.

19.5 Medicals - Any medical examination requested by the Employer, or required by Federal or Provincial legislation, shall be promptly complied with by all employees, provided, however, that the Employer shall pay for all such examinations. The Employer reserves the right to select its own medical examiner or physician and the employee may, if in his opinion, thinks an injustice has bAen done, be re-examined at the employee's expense.

19.6 The Employer will supply maintenance and asphalt plant employees with five (5) coveralls per year.

All employees will be required as a condition of employment to use safety equipment as supplied by the Employer.

All equipment mentioned in Paragraphs 1 and 2 will remain the property of the Employer. Any such equipment which is lost or damaged as a result of neglect or damage by the employee will be replaced by the employee at l1is own expense.

Rain clothing & winter working gloves will be supplied when required.

Extra coverall coverage for dirty jobs, two (2) pair rubber boots primary crusher and bottom bins.

Employees with two (2) years service from date of hire will receive $175.00 per year towards purchase of safety boots payable on May 1't If he quits or is dismissed with just cause he shall reimburse the company.

Law Crusltetl Stone Febi'IIUIJ' 2106- Februwy 1109

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Article 19 -continued

19.7 Winter Work Program - All employees working in the Maintenance Shop during this program shall be classified and paid in accordance with Group"':!.." of the wage schedule.

19.8 Winter Equipment Rental- Shall be paid as per the Agreement. All work performed on Sunday shall be at one and one-half ( 1-1/2) the employee's straight time hourly rate.

No shift premiums shall be paid during the Winter Work Program.

19.9 Sanding and Plowing Contracts - Notwithstanding any other provision of this Collective Agreement, the Council Unions and Employees agree that Winter Sanding and Plowing Contracts are specifically excluded from the recognition clause and all other provisions of this Collective Agreement.

19.10 The Employer will provide to the Union a copy of all job descriptions presently in force and all new classifications as they are established.

a) The Council and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual employee and both will undertake individually and jointly to promote such increased productivity. The parties further recognize the importance of improving the quality of work performed.

b) The Council and the employees will co-operate with the Employer to prevent wasteful practices.

19.11 Employees required to work in two rate classifications during the same shift shall be paid the higher classification rate for that shift provided he has worked three (3) hours or more.

19.12 The Employer shall schedule all mandatory meetings between the hours of 7:00a.m. and 6:00p.m. with the employees. The employees shall receive their regular rate of pay for the meetings.

19.13 All disciplinary action taken by the company shall be removed from the employees files and records after eighteen (18) months of said occurrence.

19.14 If the Employer requires the employees to wear prescription safety glasses, the Employer shall pay One Hundred ($100.00) Dollars every two (2) years for prescription safety glasses once the employee submits his receipt to the Employer.

ARTICLE 20- LAYOFFS AND RECALL

20.1 In all cases of layoff or recall from layoff or work reduction, the following factors shall be considered:

a) length of continuous service; b) experience, efficiency and qualifications; c) fitness and reliability; d) licence or certificate as required.

Where the qualifications in factors (b) and (c) are relatively equal in the judgement of the Employer, factor (a) shall govern, provided however, that management shall not exercise its judgement in an arbitrary manner.

20.2 Should the Employer decide to reduce the existing workforce, the Employer will discuss such matters with the Union Steward and the Labour/Management Committee and consider any proposal made on behalf of the employees.

20.3 It is further understood that an employee who is laid off during the winter will have time on layoff counted as seniority time, provided he has completed his probationary period and he returns to work when called.

Law Cntslled Stone Febmmy 2106- February 1109

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Article 20- continued

20.4 When laying off an employee, the Employer shall give the employee affected one (1) week's notice whenever possible.

ARTICLE 21 • TRAVEL

21.1 "Free Zone" is defined as east of a boundary made up of Fifty Road in Stoney Creek to Highway 56 to Highway 3 to Dunnville.

Employees entitled to Travel Time will be paid as follows:

All EMPLOYEES

Driver Moving Equipment: hourly rate and premiums as applicable;

Driver and Passengers in Transportation Vehicle: straight time hourly rate.

Project specific considerations to be worked out by the Labour Management Co-operative Committee where wage rates on a project exceed the Agreement Wage Schedule.

21.2 In regards to out of town allowances it is understood that if the employer requires an employee to be out of town overnight the employer will provide suitable room and board for the employee.

ARTICLE 22 ·APPENDICES

22.1 The following appendices attached to this Agreement form part of this Collective Agreement:

APPENDIX "A" - IUOE Classifications and Wages - IUOE Benefit and Pension Contributions - IUOE Training Contributions

APPENDIX "B" · LIUNA Classifications and Wages - LIUNA Benefit Contributions - LIUNA Pension Contributions - LIUNA Training Contributions - LIUNA Tri-Fund Contributions - Remittance of Contributions

ARTICLE 23 ·JURISDICTIONAL ISSUES

23.1 The parties agree that any jurisdictional disputes that may arise between the Unions of the Council as a result of the Employer's assignment of work, shall be dealt with by the Unions of the Council through the appropriate provisions of the constitution of the Council. The parties further agree that any such jurisdictional disputes shall not affect the progress of the work in question.

23.2 Immediately upon resolution of the disputed work assignment pursuant to the Constitution of the Council, by agreement between the Unions of the Council, or shared equivalent manhour performance of the disputed work assignment, the Employer agrees to reassign such work, immediately, in compliance with the resolution of the disputed work assignment pursuant to the Constitution of the Council provided that the efficiency and quality of the work being performed is not adversely effected.

23.3 An alleged failure of the Employer to reassign work in accordance with the provisions of Article 23.2 will be dealt with beginning at Step 2 of the Grievance Procedure.

Law Cntshed Stone Februmy 2106- Februmy 1109

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ARTICLE 24- DURATION

24.1 This Agreement shall become effective on February 2, 2006 and shall remain in full force and effect to and including February 1, 2009 and from year to year thereafter, unless either party gives to the other party written notice of lermination or of their desire to bargain with a view to the renewal of the Agreement or the making of a new Agreement. Such written notice may be given within the period of three (3) months before this Agreement ceases to operate or during a similar three (3) month period at the end of each year that this Agreement continues to operate.

DATED THIS DAY OF tl.:~-,A 2006.

SIGNED ON HEHALF OF:

Law Crushed Stone (Division of Hard Rock Paving)

/

SIGNED ON BEHALF OF:

SIGNED ON BEHALF OF:

International Union of Operating Engineers, Local 793

~A---14<-~~-~ e, ger

L:~L&V\ } ,

\ '

Preside

Labourers International Union of North America Local 837

/h/~2£

Law Crushed Stone FebrumJ' 2106- February l/09

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APPENDIX "A" I.U.O.E SCHEDULES

ARTICLE A1- CLASSIFICATIONS AND WAGES

A 1.1 The classifications and rates of pay for additional positions established on payrolls of the Employer covered by this Agreement, shall be in conformity with classifications and rates of pay for positions of similar kind or class covered by this Agreement.

A 1.2 The following schedule will be in effect throughout the life of this Agreement.

A 1.3 It is understood and agreed that the implementation of the following wage schedule shall not result in the reduction of the rate of any present employee. The rates of wages shall be effective on dates indicated.

Group I Licensed Operators, Quarry Plant Lead Hand (Plant Maintenance), asphalt

I

Feb.2/06 $21.72 $ .20 $2.06 $4.30 $28.28

Feb.2/07 $22.60 $ .20 $2.16 $4.42 $29.38

Feb.2/08 $23.47 $ .20 $2.26 $4.55 $ 30.48

Group II a)

Rubber Tire Loaders

Feb.2/06 $ 21.42 $ .20 $2.06 $4.30 $27.98

Feb.2/07 $22.30 $ .20 $2.16 $4.42 $29.08

Feb.2/08 $23.17 $ .20 $2.26 $4.55 $ 30.18

Group II b)

Feb.2/06 $21.22 $ .20 $2.06 $4.30 $27.78

Feb.2/07 $22.10 $ .20 $2.16 $4.42 $28.88

Feb.2/08 $22.97 $ .20 $2.26 $4.55 $29.98

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Group Ill

Feb.2/06 $20.94 $ .20 $2.06 $4.30 $27.50

Feb.2/07 $21.82 $ .20 $2.16 $4.42 $28.60

Feb.2/08 $22.69 $ .20 $2.26 $4.55 $29.70

Group IV

Feb.2/06 $20.74 $ .20 $2.06 $4.30 $27.30

Feb.2/07 $21.62 $ .20 $2.16 $4.42 $28.40

Feb.2/08 $22.49 $ .20 $2.26 $4.55 $29.50

Group V

Feb.2/06 $20.53 $ .20 $2.06 $4.30 $27.09

Feb.2/07 $ 21.41 $ .20 $2.16 $4.42 $28.19

Feb.2/08 $22.28 $ .20 $2.26 $4.55 $29.29

Hourly Foreman Group "II" rate plus $1.00 (Min)

Group VI

Feb.2/06 $ 18.70 $ .20 $2.06 $4.30 $25.26

Feb.2/07 $ 19.58 $ .20 $2.16 $4.42 $26.36

Feb.2/08 $20.45 $ .20 $2.26 $4.55 $ 27.46

Law Crushed Stone February 2106- February 1109

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ARTICLE A2- HEALTH PLAN -PENSION PLAN

A2.1 Effective February 2, 2006, the amount of monies to be paid by the Employer in respect of the Health and Pension Plans shall be Six Dollars & Thirty-six cents ($6.36) per hour for each hour earned by each employee in the employ of the employer to a maximum of Two Thousand (2,000) hours per year, at which time the monies to be paid shall be reduced to Four Dollars & Thirty cents ($4.30) per hour earned by each employee.

Effective February 2, 2007 these monies shall be increased to Six Dollars & Fifty-eight cents ($6.58) per hour for each hour earned by each employee in the employ of the Employer to a maximum of Two Thousand hours (2,000) per year, at which time the monies to be paid shall be reduced to Four Dollars & Forty-two cents ($4.42) per hour earned by each employee.

Effective February 2, 2008 these monies shall be increased to Six Dollars & Eighty-one cents ($6.81) per Hour for each hour earned by each employee in the employ of the Employer to a maximum of Two Thousand hours (2,000) per year, at which time the monies to be paid shall be reduced to Four Dollars & Fifty-five cents ($4.55) per hour earned by each employee.

A2.2 The allocation of the contributions specified under the terms of A2.1 above between the I.U.O.E., Local 793 Members Life and Health Benefit Trust of Ontario and I.U.O.E., Local 793 Members Pension Benefit Trust of Ontario shall be as mutually agreed by the Health and Pension Trustees and shall be distributed by an independent administrator appointed by mutual agreement of the Health and Pension Trustees.

A2.3 a) All contributions shall be submitted by the 15th of the following month in which the hours have been worked and at no time shall the contributions be paid directly to the employee. If payment is over thirty (30) days late, interest at two percent (2%) per month (24% Per Annum) shall be paid from the due date and in addition the delinquent Employer may be required by the Trustees of the funds to deposit with the Trustees a Two Thousand, Five Hundred Dollar ($2,500.00) cash bond.

b) In the event that a grievance alleging that the Employer has failed to remit the proper contributions, deductions or remittances to any Trust Fund or party as required by this Agreement, the parties agree that for the purposes of determining any issue, the following presumption shall apply:

A statement signed by a member of the IUOE, a Business Representative a Trustee or the Administrator of a Trust Fund, shall be prima facia evidence of the number of hours worked by members of the IUOE and of a failure to make the appropriate payments as required by this Agreement. This evidence shall establish only a rebuttable presumption and may be challenged by the Employer with proper documentary evidence.

c) If the Ontario Labour Relations Board or a Board of Arbitration to which a grievance alleging failure to make appropriate payments to a Trust Fund or an Administrator as required by this Agreement is litigated and the Board determines that an Employer has violated the Agreement, then the Ontario Labour Relations Board or the Board of Arbitration shall also require the Employer to pay all reasonable costs incurred by the IUOE in prosecuting the grievance including but not limited to, all legal costs on a solicitor-and-client basis, travel, meal and accommodation costs of all witnesses and Business Representatives, conduct monies, cost incurred in serving a summons, any expenses incurred by the IUOE pursuant to Section 126(4) or otherwise, for the Board of Arbitration.

d) If the Ontario Labour Relations Board determines that the Employer has not violated the Agreement, then the Ontario Labour Relations Board or the Board of Arbitration shall require the IUOE to pay all costs to the Employer as required to in sub-paragraph (c) above.

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ARTICLE A3 -I.U.O.E .• LOCAL 793 TRAINING FUND

A3.1 The Employer agrees to contribute Twenty Cents ($0.20) cents per hour for each hour worked to the Training Fund for each hour earned by each employee in his employ, to be submitted with the Pension and Health Fund payments herein provided and to be remitted to the Training Fund for the purpose of developing and implementing programs established by the Training Fund.

A3.2 An Apprentice entering service with the Employer will receive Seventy-five percent (75%) of the jouneymen rate for a period of sixty-five (65) working days or six hundred (600) hours, after completion of these days worked or hours the employee shall receive their classification rate.

APPENDIX "B" L.I.U.N.A. SCHEDULES

ARTICLE 81 -CLASSIFICATIONS AND WAGES

B 1.1 The classifications and rates of pay for additional positions established on payrolls of the Employer covered by this Agreement, shall be in conformity with classifications and rates of pay for positions of similar kind or class covered by this Agreement.

B 1.2 The following schedule will be in effect throughout the life of this Agreement.

B 1.3 It is understood and agree that the implementation of the following wage schedule shall not result in the reduction of the rate of any present employee. The rates of wages shall be effective on dates indicated.

Group I

Skilled Labourer .. .

Date Wages ..

Benefit Plan Pension plan -· , ·. I ' ·. ·. · Tri, Fund. Training FuQd

~. .

Tot13l .,,

Feb.2/06 $20.21 $1.96 $4.55 $ .05 $ .18 $26.95

Feb.2/07 $ 21.21 $2.06 $4.55 $ .05 $ .18 $28.05

Feb.2/08 $22.21 $2.16 $4.55 $ .05 $ .18 $29.15

. Date ~:

·-- ''"' Tri-,Fund .· .. , I • • . . •.:_ .. : •• i>:. t6tal , · . Wages· ... · . Bimefit Plan '~>>Qivoo o OQ>.>" ·. ·•· , Q" '!">! Funq ,

Feb.2/06 $ 19.69 $1.96 $4.55 $ .05 $ .18 $26.43

Feb.2/07 $20.69 $2.06 $4.55 $ .05 $ .18 $27.53

Feb.2/08 $21.69 $2.16 $4.55 $ .05 $ .18 $28.63

Hourly Foreman Group "II" plus $1.00 (Min)

Law Cntshed Stone Febmmy 2106- Februmy 1109

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Article B2 - LIUNA BENEFIT CONTRIBUTIONS

B2.1 Effective February 2, 2006 the Employer agrees to contribute $1.96 per hour for each hour worked by each Labourer in his employ (to a maximum of 2,000 hours) to the Labourers International Union of North America, Local 837 Benefit Plan. Effective February 2, 2007 this amount shall increase to $2.06 per hour for each hour worked by each Labourer in his employ (to a maximum of 2,000 hours) to the Labourers International Union of North America, Local 837 Benefit Plan. Effective February 1, 2008 this amount shall increase to $2.16 per hour for each hour worked by each Labourer in his employ (to a maximum of 2,000 hours) to the Labourers International Union of North America, Local 837 Benefit Plan.

ARTICLE B3 - LIUNA PENSION CONTRIBUTIONS

B3.1 Effective Feb 2, 2006 the Employer agrees to contribute Four Dollars & Fifty-five cents ($4.55) per hour for each hour worked by each Labourer in his employ to the Central and Eastern Canada Labourers' International Union Pension fund.

ARTICLE B4 - LIUNA TRAINING CONTRIBUTIONS

B4.1 The employer agrees to contribute $0.18 cents per hour for each hour worked by each Labourer in his employ to the Labourers' Local 837 Members' Training and Rehabilitation Trust Fund.

ARTICLE B5- LIUNA TRI-FUND CONTRIBUTIONS

B5.1 The Employer agrees to contribute $.05 cents per hour for each hour worked by each Labourer in his employ to LIUNA Tri-Funds and remit same to LIUNA Local 837 Benefits and LIUNA Local 837 will distribute the funds accordingly.

ARTICLE B6-REMITTANCE OF CONTRIBUTIONS

B6.1 All contributions shall be submitted by the 15th of the following month in which the hours have been worked and at no time shall the contributions be paid directly to the employee. If payment is over thirty (30) days late, interest at two percent (2%) per month (24% Per Annum) shall be paid from the due date and in addition the delinquent Employer may be required by the Trustees of the funds to deposit with the Trustees a Two Thousand, Five Hundred Dollar ($2,500.00) cash bond.

B6.2 In the event that a grievance alleging that the Employer has failed to remit the proper contributions, deductions or remittances to any Trust Fund or party as required by this Agreement, the parties agree that for the purposes of determining any issue, the following presumption shall apply:

A statement signed by a member of the LIUNA Business Representative a Trustee or the Administrator of a Trust Fund, shall be prima facia evidence of the number of hours worked by members of the LIUNA and of a failure to make the appropriate payments as required by this Agreement. This evidence shall establish only a rebuttable presumption and may be challenged by the Employer with proper documentary evidence.

B6.3 If the Ontario Labour Relations Board or a Board of Arbitration to which a grievance alleging failure to make appropriate payments to a Trust Fund or an Administrator as required by this Agreement is litigated and the Board determines that an Employer has violated the Agreement, then the Ontario Labour Relations Board or the Board of Arbitration shall also require the Employer to pay all reasonable costs incurred by LIUNA in prosecuting the grievance including but not limited to, all legal costs on a solicitor-and client basis, travel, meal and accommodation costs of all witnesses and Business Representatives, conduct monies, cost incurred in serving a summons, any expenses incurred by LIUNA pursuant to Section 126(4) or otherwise, for the Board of Arbitration.

B6.4 If the Ontario Labour Relations Board determines that the Employer has not violated the Agreement, then the Ontario Labour Relations Board or the Board of Arbitration shall require LIUNA to pay all costs to the Employer as required to in Article B6.3 above.

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ARTICLE C1 - LIUNA NEW ENTRIES\APPRENTICES

C1.1 LIUNA and the Employer, shall initiate apprenticeship program(s) for members of LIUNA. The applicant will be accredited with trade status at the successful completion of the applicable apprenticeship program.

C1.2 The rate of pay for the first 600 hours worked shall be sixty (60%) per cent of the applicable journeymen rate of pay.

The rate of pay for the second 600 hours worked shall be seventy-five (75%) per cent of the applicable journeymen rate of pay.

C1.3 LIUNA and the Employer shall mutually agree who the new entry apprentices are and credit may be given to members who have demonstrable experience in related sectors of the construction industry, if mutually agreed. The Employer may request new entry apprentices from LIUNA and LIUNA will provide the Employer with the names and hours of any such proposed new entry apprentices for consideration or, in the alternative, the Employer may propose new entry apprentices for consideration for the program. All apprentices should be given work in accordance with specific skills they have been trained in.

C1.4 Nothing contained in the above shall be construed or interpreted in any way to be a contract or an agreement by the Employer which guarantees employment or continued and/or continuous employment to any apprentice or employee.

Law Cntshed Stone Februmy 2/06- February 1/09

BETWEEN:

21

LETTER OF UNDERSTANDING

Law Crushed Stone (A Division of Hard Rock Paving) (the "Employer'')

-and-

Hamilton and Niagara Trade Union Council (the "Union")

When a vacancy arises in the unit, the "employer'' shall post the position within the unit, as per the collective agreement.

Should an employee that is not a member of the said "Union" within the unit apply for the position and be successful in obtaining said vacancy, then the employee shall become a member of the "Union" having jurisdiction over the position.

Should such member be unwilling to change from one "Union" to the other "Union" then the "employer'' shall maintain such employee in the "Union" of the employee's choice and the newly hired employee shall become a member of the "Union" that lost the position.

Should no employee working within the unit apply for the position, then the "employer'' shall be free to hire from other sources and the said new employee shall become a member of the applicable "Union" having jurisdiction over the said position.

Signed and dated on the ____ /?_R ______ day of _ __:/IA. __ ~_...::o_ ___ , 2006.

"F~i¥ Employer"

I ~ .i·J ~-~···· -"'FFrl.l.u.ff.l .. Local 837"

Law Crushed Stone Febmary 2106- February 1/09