COLLECTIVE AGREEMENT. between. Empire Roofing Corporation (hereinafter referred to as the Employer ) and

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1 COLLECTIVE AGREEMENT between (hereinafter referred to as the Employer ) and Construction Workers Local 53, CLAC (hereinafter referred to as the Union ) June 1, 2007 to May 31, 2009

2 TABLE OF CONTENTS Article 1 - Purpose...1 Article 2 - Recognition...2 Article 3 - Union Representation...5 Article 4 - No Strikes Or Lockouts...7 Article 5 - Employment Policy And Union Membership...8 Article 6 - Check-Off...10 Article 7 - Wages And Rates Of Pay...12 Article 8 - Vacations, Vacation Pay And Holidays...13 Article 9 - Hours Of Work...16 Article 10 - Seniority And Layoffs...17 Article 11 - Health And Accident-Sickness Insurance And Pension...20 Article 12 - Transportation, Travel Time And Room And Board...25 Article 13 - Tools And Uniforms...26 Article 14 - Protective Equipment...27 Article 15 - Rest Periods...28 Article 16 - Leaves Of Absence...28 Article 17 - Grievance Procedure...30 Article 18 - Arbitration...32 Article 19 - Discharge, Suspension And Warning...36 Article 20 - General...38 Article 21 - Duration...40 Schedule A...41 Schedule B...45 Schedule C...46 Memorandum Of Understanding...48

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5 COLLECTIVE AGREEMENT between (hereinafter referred to as the Employer ) and Construction Workers Local 53, CLAC (hereinafter referred to as the Union ) June 1, 2007 to May 31, 2009 ARTICLE 1 - PURPOSE 1.01 It is the intent and purpose of the parties to this Agreement, which has been negotiated and entered into in good faith: a. to recognize mutually the respective rights, responsibilities and functions of the parties hereto; b. to provide and maintain working conditions, hours of work, wage rates and benefits set forth herein; CLAC, Local 53 June 1, 2007 May 31, 2009 Page 1

6 c. to establish an equitable system for the promotion, transfer, layoff and recall of employees; d. to establish a just and prompt procedure for the disposition of grievances; e. and generally, through the full and fair administration of all the terms and provisions contained herein, to develop and achieve a relationship between the Union, the Employer and the employees which will be conducive to their mutual well-being The omission of specific mention in this Agreement of existing rights and privileges established or recognized by the Employer shall not be construed to deprive employees of such rights and privileges. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the union as the sole bargaining agent of all roofers, including Journeyman Roofer or Assistant Roofer, labourers or other roofing personnel in the industrial, commercial and institutional sector and high rise structures in all other CLAC, Local 53 Page 2 June 1, 2007 May 31, 2009

7 sectors in the Province of Ontario, save and except non-working foremen, persons above the rank of non-working foremen, and office and clerical staff This Agreement covers all employees of the Employer in the bargaining unit as described in Article 2.01 above Non-working foremen, supervisors and other non-bargaining unit personnel shall not perform work included in work or job classifications under this Agreement and normally performed by members of the bargaining unit if it necessitates the layoff of employees in the bargaining unit There shall be no revision, amendment or alteration of the bargaining unit as defined herein or of any of the terms and provisions of this Agreement except by the mutual agreement in writing of the parties hereto. Without limiting the generality of the foregoing, no classification of work or jobs may be removed from the bargaining unit except by the mutual agreement in writing of the parties. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 3

8 2.05 The Employer agrees that the duly appointed representatives of the Christian Labour Association of Canada are authorized to act on behalf of the Union for the purposes of supervising, administering and negotiating the terms and conditions of this Agreement and all matters related thereto The Union acknowledges that it is the function of the Employer: a. to manage the enterprise, including the scheduling of work and the control of materials; b. to maintain order, discipline and efficiency; c. to hire, direct, transfer, promote, lay off, suspend and discharge provided that such actions are consistent with the purpose and terms of the Agreement and provided that a claim by any employee who has been disciplined or discharged without just cause will be subject to the grievance procedure outlined in this Agreement. CLAC, Local 53 Page 4 June 1, 2007 May 31, 2009

9 2.07 The Employer may contract out work where: a. he does not possess the necessary facilities or equipment; b. he does not have or cannot acquire the required manpower; c. he cannot perform the work in a manner that is competitive in terms of cost, quality and within projected time limits. Work normally performed by members of the bargaining unit will not be contracted out if employees qualified to do the work are on layoff or if employees qualified to do the work must be laid off, transferred, reclassified or discharged as the result of the contracting out of work. ARTICLE 3 - UNION REPRESENTATION 3.01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows: a. The Union has the right to appoint stewards. The stewards are representatives of the employees in certain matters pertaining to this CLAC, Local 53 June 1, 2007 May 31, 2009 Page 5

10 Agreement including the processing of grievances. b. CLAC representatives are also representatives of the employees in all matters pertaining to this Agreement, particularly for the purpose of processing grievances, negotiating amendments or renewals of this Agreement and of enforcing the employees' collective bargaining rights and other rights under this Agreement The Union agrees to notify the Employer in writing of the names of its officials and the effective dates of their appointments Stewards will not absent themselves from their work to deal with grievances without first obtaining the permission of the Employer. Permission will not be withheld unreasonably and the Employer will pay such stewards at their regular hourly rates while attending to such matters The Union has the right to appoint a negotiating committee. Employees on the committee shall be paid by the Employer at their regular hourly rates for all time spent CLAC, Local 53 Page 6 June 1, 2007 May 31, 2009

11 on negotiating a collective agreement with the Employer whenever this takes place during the regular working hours of the employees concerned The Employer may meet periodically with his employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A CLAC representative may attend such meetings if that is requested by an employee or by the Employer There shall be no Union activity on Employer's time or on Employer's premises except that which is necessary for the processing of grievances and the administration and enforcement of this Agreement CLAC representatives shall have the right to periodically visit job sites. ARTICLE 4 - NO STRIKES OR LOCKOUTS 4.01 During the term of this Agreement or while negotiations for a further agreement are being held, the Union will not permit or encourage any strike, slowdown or any CLAC, Local 53 June 1, 2007 May 31, 2009 Page 7

12 stoppage of work or otherwise restrict or interfere with the Employer's operation through its members During the term of this Agreement or while negotiations for a further agreement are being held, the Employer will not engage in any lockout of its employees or deliberately restrict or reduce the hours of work or deliberately send employees home when this is not warranted by the workload. ARTICLE 5 - EMPLOYMENT POLICY AND UNION MEMBERSHIP 5.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force. The Employer will give preference to Union members for employment provided such applicants are qualified to meet the requirements of the job The Employer has the right to hire new employees as needed provided no new employee(s) will be hired while there are available employees on layoff qualified to do the work. CLAC, Local 53 Page 8 June 1, 2007 May 31, 2009

13 5.03 New employees will be hired on a probationary period of one hundred (100) days worked and thereafter shall attain regular employment status. Their respective seniority shall be dated back to the date of their last hiring Probationary employees are covered by this Agreement excepting those provisions which specifically exclude such employees Neither the Employer nor the Union will compel employees to join the Union. The Employer will not discriminate against any employee because of Union membership or lack of it and will inform all new employees of the contractual relationship between the Employer and the Union. Before commencing work, any new employee will be referred by the Employer to a steward or a CLAC Representative in order to give such steward or CLAC Representative an opportunity to describe the Union's purposes and representation policies to such new employees The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on CLAC, Local 53 June 1, 2007 May 31, 2009 Page 9

14 the same terms and conditions as are applicable to other members of the Union. ARTICLE 6 - CHECK-OFF 6.01 a. The Employer shall check off from each employee who has worked the month or part thereof the amount equal to union dues as set by the CLAC National Convention. b. The Employer shall also deduct any authorized initiation fee owing by an employee. c. The Employer is also authorized to deduct retroactively one (1) month's amount equal to Union dues from seniority employees who have not paid the prescribed amount during the previous month. d. The total amount(s) checked off and/or deducted on behalf of the Union shall be turned over by the Employer to the Union by the 15 th day of each month following the month in which the check off and deduction is made together with CLAC, Local 53 Page 10 June 1, 2007 May 31, 2009

15 6.02 an itemized list of the employees for whom the deductions are made and the amount turned over for each. a. With respect to the remittances and payments outlined in Articles 6, 8, and 11, the Employer agrees to observe the time limits for making remittances and payments. b. In the event such remittances or payments are received after the due date, the Employer shall pay liquidated damages to the Union, the Employees Vacation Pay Trust Fund, Health Fund, or Pension Plan, as the case may be, at the rate of two percent (2%) per month or fraction thereof (this being the equivalent of twenty-four percent (24%) per annum), calculated and compounded monthly on the gross amount overdue. c. In addition to the above, the delinquent Employer shall compensate the Union in full for all costs associated with the collection of such overdue payments, including legal or accountant's fees CLAC, Local 53 June 1, 2007 May 31, 2009 Page 11

16 incurred and the full cost of any arbitration hearing The Union has a conscientious objection policy for employees who cannot support the Union with their dues for reasons of conscience, as determined by the Union s internal guidelines on what constitutes a conscientious objection. ARTICLE 7 - WAGES AND RATES OF PAY 7.01 Wage schedules applicable to various job classifications are as set forth on Schedule A Additional classifications may be established only by mutual agreement between the Employer and the Union during the term of this Agreement and the rates for same shall be subject to negotiation between the Employer and the Union. Failure to reach agreement shall be subject to the grievance procedure The Employer agrees to pay three (3) hours of wages in the event that the employee reports for work in the usual manner and is prevented from starting work due to any CLAC, Local 53 Page 12 June 1, 2007 May 31, 2009

17 cause not within his control. In case of inclement weather, the employee shall be obligated to call in to the Employer before coming to work When, due to inclement weather, work has to be stopped, the Employer agrees to continue payment of the regular hourly rate until the foreman on the job advises the employees to go home If the Employer bids on a job, the specifications of which call for the employment of some local labour or the paying of prevailing rates of pay or both, representatives of the owner of the project, of the Employer and of the Union, shall meet to make a decision in regard to the employment of such labour or in regard to the prevailing rates to be paid or both. ARTICLE 8 - VACATIONS, VACATION PAY AND HOLIDAYS 8.01 Vacations and vacation pay for employees shall be according to the following schedule: a. Probationary employees shall receive four percent (4%) vacation pay. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 13

18 8.02 b. All employees who have completed their probationary period shall receive two (2) weeks vacation with pay equal to seven and one-fifth percent (7.3%) of their annual gross earnings. a. For employees who have completed their probationary period, the Employer agrees to pay out vacation pay weekly with the regular earnings of the employees. The vacation pay will be deducted from the employee's pay after all other deductions have been made from the pay and remitted monthly by the Employer to the Vacation Pay Trust Fund of the Employees' Trust Fund together with an itemized list of the employees for whom remittances are made and the amount of vacation pay remitted for each. b. Probationary employees shall have their vacation pay added to their regular pay All vacation pay for non-probationary employees is payable by the last payday prior to July 1 each year and at two (2) other time during the year at the employee's CLAC, Local 53 Page 14 June 1, 2007 May 31, 2009

19 request to the Vacation Pay Trust Fund of the Employees' Trust Fund The Employer will endeavour to grant vacation time in accordance with Article 8.01 in minimum one (1) week blocks at the employee's request considering work requirements and relative seniority Holidays a. The Employer will endeavour not to schedule work on the following days: New Year's Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day. b. If work must be scheduled for any of the above mentioned days, it will be paid at the overtime rate stipulated under this collective agreement. c. Employees shall be granted the CIVIC HOLIDAY off work if requested. Such time off will be unpaid. d. Employees who have not completed probation shall receive statutory holiday CLAC, Local 53 June 1, 2007 May 31, 2009 Page 15

20 pay as per the Employment Standards Act, ARTICLE 9 - HOURS OF WORK 9.01 The regular work week shall consist of fortyfour (44) hours, Monday to Saturday inclusive Work performed in excess of eighty-eight (88) hours averaged over a two week period shall be paid at the rate of one and one-half (1½) times the regular rate of pay. Travel time shall not be included in the calculation for overtime The Employer may schedule regular Saturday work subject to the following restrictions: a. No employee shall be required to work more than twenty-four (24) Saturdays in a calendar year. b. No employee shall be required to work more than three (3) Saturdays in a row. c. Any employee who is required to work on a Saturday shall be notified no later than Wednesday by the end of the CLAC, Local 53 Page 16 June 1, 2007 May 31, 2009

21 workday. The Employer will post a notice in its shop and will endeavour to contact each employee within the above time frame For work in the residential sector, alternative arrangements for the payment of overtime will be negotiated between the Employer and the Union. ARTICLE 10 - SENIORITY AND LAYOFFS Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of a one hundred (100) day probationary period and their respective seniority shall be dated back to the date of their last hiring Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 17

22 10.03 Seniority rights shall cease for any employee who: a. voluntarily quits the employ of the Employer; b. is discharged and such discharge is not reversed through the grievance procedure; c. fails to report on the first day following the expiration of a leave of absence unless he has a justifiable reason; d. is laid off for a continuous period of more than twelve (12) consecutive months; e. fails to return to work after a layoff within seven (7) workdays after notification to his address on record with the Employer or fails to notify the Employer within two (2) workdays of his intention to return In case of layoffs, the Employer will give such recognition to the seniority standings of the employee as the continued proper performance of his work will permit. Ability to perform available work being relatively equal, the rule shall prevail that the CLAC, Local 53 Page 18 June 1, 2007 May 31, 2009

23 employee having most seniority shall be laid off last and recalled first The Employer shall give one (1) week's notice of layoff to the employees and will meet with a steward or a CLAC Representative, if he so requests, at least twenty-four (24) hours prior to the layoffs in order to review the layoffs The Employer shall not be required to give one (1) week's notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's operation Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within three (3) workdays after the layoff took place Any employee laid off and recalled for work must return within two (2) workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled or make definite arrangements with the Employer to return. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 19

24 10.09 Any employee who voluntarily quits the employ of the Employer shall give one (1) week's notice to the Employer to enable the Employer to hire adequate replacement. ARTICLE 11 - HEALTH AND ACCIDENT- SICKNESS INSURANCE AND PENSION In order to protect the employees and their families from the financial hardships of involuntary termination of employment and to aid these employees and their legal dependents in obtaining proper health care, the Employer shall contribute to the premium cost of health insurance benefits and ensure coverage for those entitled for all employees who have completed nine (9) months of employment with the Employer, unless they have not completed their probationary period a. The Employer agrees to participate in and to be bound by the provisions, terms and conditions of the Group Insurance Plan G12410 (the Plan) made available through the Christian Labour Association of Canada Health and CLAC, Local 53 Page 20 June 1, 2007 May 31, 2009

25 Welfare Trust Fund (the Fund). The Employer may select an alternative insurance plan carrier provided the benefit coverage is equal to or exceeds that which is provided by CLAC Plan G12410, or as outlined in the collective agreement. The Plan benefits include: i. $25, Term Life Insurance for employee; ii. Life Insurance for dependents: $5, for spouse, $2,500 for child; iii. $25, Accidental Death and Dismemberment (AD&D) Insurance rider for employee; iv. 10% Prescription Plan; v. Vision Plan at $125.00; vi. Semi-private hospital coverage; vii. Dental Plan B. b. The Employer shall enrol all eligible employees in the Plan on forms CLAC, Local 53 June 1, 2007 May 31, 2009 Page 21

26 supplied by the Administrator of the Fund (the Administrator). c. The Employer shall pay one hundred percent (100%) of the monthly insurance premium for individual and/or family coverage for each eligible employee and remit same to the Administrator, on forms supplied, by the fifteenth (15 th ) of the month previous to the month for which insurance coverage is to be provided The Employer will continue to pay for all the insurances outlined in Article for all employees who have been in the employ of the Employer for one (1) year or more and are prevented from working for any reason other than justified dismissal for a period of three (3) months. In case of sickness, a doctor's certificate is required Employees who have been in the employ of the Employer for less than one (1) year shall be eligible for payment of all the insurances outlined in Article in accordance with the following: CLAC, Local 53 Page 22 June 1, 2007 May 31, 2009

27 a. In the event of any interruption of work for any reason other than sickness or accident, the Employer agrees to continue to pay the premium for a period of one (1) month. b. In the event of sickness or accident, the Employer agrees to continue to pay the premium for all the insurances for a period of three (3) months. In case of sickness, a doctor's certificate is required Pension - For every employee who has eighteen months or more seniority, the employer shall contribute an amount equal to 3% of the employee s gross earnings and shall deduct 3% of the employee s gross earnings and remit the total amount to Registered Money Purchase Plan # The date for remittance of these moneys shall be the same date as the date for remittance of union dues. The Employer agrees to deduct, by way of payroll deduction, and remit to the Union s Benefit Administration Office, voluntary employee pension contributions in addition to any other collective agreement Pension CLAC, Local 53 June 1, 2007 May 31, 2009 Page 23

28 Plan contributions if authorized to do so. Such amounts shall not exceed the limits established by the Canada Customs and Revenue Agency. These monies will be recorded separately on the Employer s monthly remittance to the Benefit Administration Office. Employees authorizing voluntary pension contributions must continue to make such contributions for a period of one year, after which time, they will be offered the opportunity to cease making such contributions. Each employee who accumulates the necessary seniority to qualify for the Pension Plan shall be enrolled in the Plan automatically. If the employee subsequently loses his seniority and is later rehired, he shall not be required to re-qualify for participation in the Plan but shall immediately have his matching contributions resumed. The Employer s contributions shall in all cases be non-revocable and belong to the Plan or be vested in the employee when the employee has been in the Plan for six (6) CLAC, Local 53 Page 24 June 1, 2007 May 31, 2009

29 months. The Plan shall pay all administration costs. The employee s contributions shall in all cases belong to the employee. Withdrawals from the Plan shall be subject to the regulations governing Registered Pension Plans and the rules of the Plan. Employees shall receive a written statement of their account and the monies in their name in the Plan from the Plan s administrator annually. ARTICLE 12 - TRANSPORTATION, TRAVEL TIME and ROOM AND BOARD Employees shall be paid travel time, one way, at their regular hourly rate, from the Employer's shop to the jobsite Employees who are required to drive a company vehicle shall be paid travel time, both ways, at their regular hourly rate while driving the company vehicle to and from jobsites All time spent on traveling outside of regular working hours shall be paid at the regular rate of pay and shall not be considered as CLAC, Local 53 June 1, 2007 May 31, 2009 Page 25

30 time worked for the purpose of calculating overtime The Employer shall endeavour to provide a company vehicle for transportation to and from and in between jobsites as much as is possible If an employee's vehicle is used for transportation to and from and/or in between jobs, the owner shall be paid thirty-six ($0.36) cents per kilometre for such use Employees shall be obligated to travel together as much as possible to eliminate unnecessary usage of vehicles The Employer shall provide overnight accommodation and thirty-five ($35) dollars per day for food allowance to employees who are required to stay out of town as a part of their work. ARTICLE 13 - TOOLS and UNIFORMS Employees shall supply their own tools as set out in Schedule B of this Agreement. Employees who show up at jobsites without the required tools will be sent off the jobsite CLAC, Local 53 Page 26 June 1, 2007 May 31, 2009

31 without pay by the Employer in order to retrieve them Employees shall supply and wear regular blue or grey work shirts and workman in accordance with the Employer's policy. The Employer shall provide all required uniform crests or patches. ARTICLE 14 - PROTECTIVE EQUIPMENT The Employer agrees to provide each employee with a safety helmet when he starts work for the Employer. Employees shall replace safety helmets at their own expense as required. The Employer shall provide any other safety related equipment required in work performed by the employees except safety boots, glasses, harness and gloves The Employer shall reimburse employees, to a maximum of $ per calendar year, for the purchase of approved safety shoes or boots for all employees who have one (1) year of seniority or more. This allowance shall be paid upon the presentation of proper receipts. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 27

32 ARTICLE 15 - REST PERIODS There shall be a minimum of two (2) rest periods with pay of ten (10) minutes duration each, daily, to be taken at 10:00 a.m. and 3:00 p.m There shall be a one-half (.5) hour lunch period each day. These lunch periods shall not be considered as time worked and shall be without pay. ARTICLE 16 - LEAVES OF ABSENCE The Employer shall grant leaves of absence without pay and without loss of seniority rights for the following reasons for a maximum period of one (1) month: a. marriage; b. sickness; c. death in the immediately family; d. union activity for other than this establishment. In order to receive such a leave, the employee shall make a request for the leave prior to the first day of the leave. CLAC, Local 53 Page 28 June 1, 2007 May 31, 2009

33 16.02 The above shall not preclude extensions for personal illness where it is established in an application prior to the expiration of the leave of absence that such request for extension is justified An employee shall be granted three (3) days leave of absence with pay at his regular straight time hourly rate to make arrangements for and to attend the funeral of the employee's mother, father, mother-inlaw, father-in-law, brother, sister, wife and children An employee shall be granted a one (1) day leave of absence with pay at his regular straight time hourly rate in the case of the death of an employee's brother-in-law, sister-in-law, grandchildren and grandparents If an employee must serve jury duty, the Employer agrees to reimburse him for all time lost to a maximum of five (5) working days per calendar year. The employee must procure a signed document for the Court Clerk stating the days in attendance and the amount of payment received from the Court. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 29

34 The Employer shall be obligated to pay the difference only. ARTICLE 17 - GRIEVANCE PROCEDURE The parties to this Agreement recognize the stewards and the CLAC Representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof Any employee having a Single Grievance will: STEP 1 Accompanied by a steward or a CLAC Representative, submit the same to his immediate supervisor within five (5) workdays of the act or condition causing the grievance. This supervisor will deal with the grievance not later than the third workday following the day upon which the grievance is submitted and will notify the grievor and the Union Representative of his decision in writing within three (3) workdays following the said meeting. CLAC, Local 53 Page 30 June 1, 2007 May 31, 2009

35 STEP 2 If the grievance is not settled under Step 1, a Union Representative will, within five (5) workdays of the decision under Step 1 or within five (5) workdays of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the Union Representative of his decision in writing within three (3) workdays following the said meeting A Group Grievance is defined as a single grievance, signed by a steward or a CLAC Representative as well as the employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form The Employer or the Union shall not be required to consider or process single or group grievances which arise out of any action or condition more than five (5) workdays after the subject of such grievance CLAC, Local 53 June 1, 2007 May 31, 2009 Page 31

36 occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. At no time may an employee or group of employees file a grievance on behalf of another employee A Policy Grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable. A policy grievance may be submitted by either party to arbitration under Article 18, by-passing Step 1 and Step 2. Such policy grievance shall be signed by a Steward or a CLAC Representative or, in the case of an Employer's policy grievance, by the Employer or his Representative. ARTICLE 18 - ARBITRATION If the parties fail to settle the grievance at Step 2 of the grievance procedure, the grievance may be referred to arbitration under the following procedure. CLAC, Local 53 Page 32 June 1, 2007 May 31, 2009

37 18.02 The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure If a notice of desire to arbitrate is served, the two parties shall each submit names and addresses of nominees to act as sole arbitrator within seven (7) calendar days of notice being served. If the parties are unable to agree on an appointment for sole arbitration, either party may serve notice to have the grievance heard by a panel of arbitrators. If notice of desire to have the grievance heard by a panel of arbitrators is served, the two parties shall each nominate an arbitrator within seven (7) days of service and notify the other party of the name and address of its nominee. The two (2) arbitrators so appointed shall attempt to select, by agreement, a chairman. If they are unable to agree upon a chairman within seven (7) days of their appointment, either party may request the Minister of Labour to appoint an impartial chairman. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 33

38 18.04 No person may be appointed as chairman who has been involved in an attempt to negotiate or settle the grievance The decision of a majority is the decision of the arbitration board but, if there is no majority, the decision of the chairman of the arbitration board governs Notices of desire to arbitrate and of nominations of an arbitrator shall be served personally, by registered mail or by facsimile transmission with verbal confirmation. If served by registered mail, the date of mailing shall be deemed to be the date of service If a party refuses or neglects to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings, and if the party in default refuses or neglects to appoint an arbitrator in accordance with Article 18.03, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties. CLAC, Local 53 Page 34 June 1, 2007 May 31, 2009

39 18.08 It is agreed that the arbitration board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Articles 17 and 18 where it appears that the default was owing to reliance upon the words or conduct of the other party An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back-pay calculated at day rate or average earnings, as applicable, times normal working ours, less any monies earned, or by any other arrangement which is just and equitable in the opinion of the arbitration board Where the arbitration board is of the opinion that there is proper cause for disciplining an employee but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the arbitration board may substitute a penalty which is, in its opinion, just and equitable Each of the parties hereto will bear the expense of the arbitrator appointed by it and CLAC, Local 53 June 1, 2007 May 31, 2009 Page 35

40 the parties will jointly bear the expense of the chairman of the arbitration board Nothing in this article precludes either party from filing a grievance to arbitration under the provisions of the Labour Relations Act, ARTICLE 19 - DISCHARGE, SUSPENSION AND WARNING When the conduct or performance of an employee calls for a warning by the Employer, such a warning shall be a written one and delivered directly to the employee for his signature acknowledging receipt of such warning. A copy of this signed warning shall be forwarded to the Union When the Employer meets with an employee to discuss any matter of a disciplinary nature or takes disciplinary action against an employee, a steward shall accompany the employee. All disciplinary action must be administered in the presence of the affected employee and a steward. If a steward is unavailable, another member of the bargaining unit shall stand in place of a CLAC, Local 53 Page 36 June 1, 2007 May 31, 2009

41 steward to act as a witness. The Union shall not directly interview a foreman without management present An employee may be suspended or discharged for proper cause by the employer. Within five (5) workdays following suspension or discharge, the employee involved, together with a Union Representative, may interview the Employer concerning the reason leading to the suspension or discharge. Within five (5) workdays following the interview, the Union may submit the complaint to arbitration An employee shall not be subject to suspension or discharge for poor performance or workmanship without having received at least one (1) written warning, a copy of which shall be forwarded to the Union at the time it is issued to the employee concerned Any disciplinary notations older than twelve (12) months shall not be used for the purpose of progressive disciplinary actions, except in the case of theft and/or drug use. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 37

42 ARTICLE 20 - GENERAL Garnishment Fee It is agreed that the Employer may deduct five dollars ($5.00) from each pay cheque as an administration fee for the garnishment of wages Education Fund a. The Employer shall contribute an agreed amount per hour to the Union's Education Fund for all hours worked by bargaining unit employees. The total amount owing shall be remitted monthly to the Union together with the Union dues, but Fund contributions will be separately itemized. Effective June 1, $0.12/hour Effective June 1, $0.15/hour b. The purpose of the Fund is to conduct from time to time seminars specific to the work of the Union members in their industry or trade and upgrade Union stewards in good labour relations practices and seminars which deal with basic issues concerning work and the workplace. CLAC, Local 53 Page 38 June 1, 2007 May 31, 2009

43 c. The Union will consult with the Employer so as to minimize work schedule interruptions when employees are to attend a seminar. The Employer will cooperate with the Union in granting time off for employees to attend seminars provided the Union notifies the Employer in writing at least two (2) weeks in advance of the seminar. d. The Fund will pay for expenses, authorized by the Union, which are incurred for training purposes. When an employee is required to attend a Union training seminar, for which the Fund has authorized wage reimbursement, the Employer shall pay the employee at his regular hourly rate, for the hours of regularly scheduled work (excluding overtime hours) missed while attending a seminar. The Fund will reimburse the Employer fully for such authorized wage payments, not including Employer paid benefits, upon receipt of an itemized statement. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 39

44 ARTICLE 21 - DURATION This Agreement shall be effective on the first (1 st ) day of June, two thousand and seven (2007) and shall remain in effect until the thirty-first (31 st ) day of May, two thousand and nine (2009) and for further periods of one (1) year unless notice is given by either party of the desire to delete, change or amend any of the provisions contained herein within the period from ninety (90) to thirty (30) days prior to the renewal date It is agreed that written proposals of changes desired by either party be presented to the other party at least thirty (30) days prior to the expiration of the contract, whenever this is possible. CLAC, Local 53 Page 40 June 1, 2007 May 31, 2009

45 SCHEDULE A CLASSIFICATIONS & HOURLY RATES The minimum wage payable to employees shall be as set out below: Current Classifcation Wages Vac. Pay Benefits* Pension E&A Package Roofer $20.59 $1.48 $2.40 $0.62 $0.10 $25.19 Skilled Labourer n/a n/a n/a n/a n/a $0.00 Unskilled Labourer n/a n/a n/a n/a n/a $0.00 Sheet-Metal $21.80 $1.57 $2.40 $0.65 $0.10 $ Jun-07 Classifcation Wages Vac. Pay Benefits* Pension E&A Package Roofer $21.00 $1.53 $2.10 $0.63 $0.12 $25.38 Skilled Labourer $16.50 $1.20 $2.10 $0.50 $0.12 $20.42 Unskilled Labourer $12.50 $0.91 $2.10 $0.38 $0.12 $16.01 Sheet-Metal $22.24 $1.62 $2.10 $0.67 $0.12 $ Jun-08 Classifcation Wages Vac. Pay Benefits* Pension E&A Package Roofer $21.42 $1.56 $2.40 $0.64 $0.15 $26.18 Skilled Labourer $16.83 $1.23 $2.40 $0.50 $0.15 $21.11 Unskilled Labourer $12.75 $0.93 $2.40 $0.38 $0.15 $16.61 Sheet-Metal $22.68 $1.66 $2.40 $0.68 $0.15 $27.57 * estimated hourly benefit cost. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 41

46 Employees being paid at rates higher than those listed on the above chart shall receive the equivalent percentage increase as each increase takes effect, the premium of Working Foreman being excepted. The parties agree that the wage rates outlined above shall apply to work performed by members of the bargaining unit except where: a. government legislation or regulations provide otherwise, or b. where circumstances necessitate otherwise, in which case the parties shall meet to negotiate such wage rates as may be necessary in the circumstances. WORKING FOREMAN - A Working Foreman shall receive a premium of five percent (5%) over and above his regular hourly rate. This premium shall not be used in the calculation of overtime. LABOURER An Unskilled Labourer is an employee who has little or no experience (less than two (2) years) as a labourer in the roofing industry. A Skilled Labourer is an employee CLAC, Local 53 Page 42 June 1, 2007 May 31, 2009

47 who has significant experience (at least two (2) years in the roofing industry. An employee hired as an Unskilled Labourer shall be reclassified as a Skilled Labourer no later than two (2) years from his date of hire. STUDENTS - Students will be employed only in the summer months and shall be paid at a rate of seven dollars ($7.00) per hour. PROBATIONARY PERIOD - Probationary employees shall be paid at a rate set by the Employer according to experience and ability to do the work. TRAINING PERIOD ROOFER - New employees shall be placed in a training program according to ability and any previous experience and shall be paid the following minimum percentages of the Roofer's rate in accordance with the following schedule: First 900 hour period - 50% Second 900 hour period - 60% Third 900 hour period - 65% Fourth 900 hour period - 70% Fifth 900 hour period - 75% Sixth 900 hour period - 80% Seventh 900 hour period - 85% CLAC, Local 53 June 1, 2007 May 31, 2009 Page 43

48 Eighth 900 hour period - 90% Ninth 900 hour period - 95% The Employer shall ensure that employees in the Roofer training program receive instruction in all phases of roofing work and that such employees have the opportunity to work at all phases of roofing work during their training program. Employees in the Roofer training program shall be evaluated at least every 900 hours worked with respect to progress and ability to do the work. If, by mutual agreement between the Employer and the Union, the employee's progress has not been satisfactory, then that employee's training may be extended for a mutually agreed period at an appropriate scale of pay. Conversely, an employee's progress in the training period may be accelerated by mutual agreement if that is warranted. HOTPITCH - Employees working on a job that involves the use of pitch, including uses other than application (including but not limited to tear-off) shall be paid one dollar ($1.50) and fifty cents per hour in addition to their regular rate of pay. CLAC, Local 53 Page 44 June 1, 2007 May 31, 2009

49 SCHEDULE B LIST OF TOOLS PROBATIONARY EMPLOYEES 1 claw hammer 1 utility knife 1 tool box 1 16' tape measure 1 chalk line 1 pouch SENIORITY EMPLOYEES 1 standard pair of pliers 1 standard set of screwdrivers 1 vise grip 1 hacksaw frame 1 torch SHEET METAL ONLY 1 pair folding tongs 1 18" level CLAC, Local 53 June 1, 2007 May 31, 2009 Page 45

50 SCHEDULE C TRAVEL TIME CLAC, Local 53 Page 46 June 1, 2007 May 31, 2009

51 The following travel time shall be paid to employees depending on job location: No Travel Pay - Within the city limits of the City of Windsor. - WEST of Manning Road - NORTH of Hwy 401, Hwy #3 and E.C. Row 20 Minutes - Starting from River Canard, NORTH of Townline Road ( 8 ) - WEST of Belle River Road ( 27 ) 30 Minutes - WEST of Tilbury - WEST of Wheatley Road ( 1 ) - NORTH of Townline Road ( 8 ) - WEST of Comber Side Road (Hwy #77) - NORTH of Hwy #3 and 18 to Amherstburg 40 Minutes - From Amherstburg, SOUTH of 18, Hwy #3 or 8 - EAST of Hwy #77 and 1 - WEST of 7 60 Minutes - EAST of 7 to Chatham For jobs located further than Chatham, employees shall be paid their regular hourly rate for actual hours of travel. CLAC, Local 53 June 1, 2007 May 31, 2009 Page 47

52 Memorandum of Understanding Between And Construction Workers Local 53, CLAC Re: Article Paid Travel Time It is understood by the parties that, unless other arrangements are made, employees are to start their workday at the Employer s shop. Employees shall be paid travel time one way, as per Schedule C of the Collective Agreement, at their regular hourly rate, from the Employer s shop to the jobsite. Employees choosing to drive directly to the jobsite instead of reporting to the Employer s shop shall not be entitled to travel pay or mileage unless specific arrangements have been made between the Employer and the employee. Travel time and mileage shall be paid in accordance with the terms of this Collective Agreement. CLAC, Local 53 Page 48 June 1, 2007 May 31, 2009

53 CLAC, Local 53 June 1, 2007 May 31, 2009 Page 49