LEDCOR ALBERTA LIMITED

Transcription

1 Roadbuilding -Alberta I BETWEEN LEDCOR ALBERTA LIMITED AND CONSTRUCTION WORKERS UNION CLAC LOCAL 63 Duration: FEBRUARY 1, JANUARY 31, 2017

2 ARTICLE 1 - PURPOSE... 3 ARTICLE 2- RECOGNITION...4 ARTICLE 3 - MANAGEMENT'S RIGHTS... 5 ARTICLE 4- UNION REPRESENTATION... 6 ARTICLE 5- STRIKES AND LOCKOUTS... 8 ARTICLE 6- EMPLOYMENT POLICY AND UNION MEMBERSHIP... 9 ARTICLE 7- DUES CHECK-OFF ARTICLE 8- WAGE AND AREA RATES OF PAY ARTICLE 9- HOURS OF WORK AND OVERTIME ARTICLE 10- LAY-OFF PROCEDURE ARTICLE 11-VACATIONANDVACATION PAY ARTICLE 12- HOLIDAYS AND HOLIDAY PAY ARTICLE 13- TRANSPORTATION, TRAVEL AND ACCOMMODATION ARTICLE 14- UNION-MANAGEMENT COMMITTEE ARTICLE 15- HEALTH AND SAFETY COMMITTEE ARTICLE 16- HEALTH AND WELFARE PLAN ARTICLE 17- REGISTERED SAVINGS PLAN (RSP) ARTICLE 18- EDUCATION AND TRAINING FUNDS ARTICLE 19- TOOLS ARTICLE 20- PROTECTIVE EQUIPMENT ARTICLE 21- LEAVES OF ABSENCE AND BEREAVEMENT PAY...25 ARTICLE 22- GRIEVANCE PROCEDURE ARTICLE 23- ARBITRATION ARTICLE 24- WARNING, SUSPENSION AND DISCHARGE ARTICLE 25- COLLECTIVE AGREEMENT AMENDMENTS ARTICLE 26- DURATION Classifications and Rates Schedule "A" LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING # OUTLINE OF INSURANCE COVERAGE...44

3 3 ROADBUILDING- ALBERTA COLLECTIVE AGREEMENT BETWEEN: LEDCOR ALBERTA LIMITE hereinafter referred to as "the Employer" AND CONSTRUCTION WORKERS CLAC LOCAL 63 NION, Duration: February 1, January 31, 2017 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 as set forth herein; 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;

4 4 e) and generally, through the full and fair administration of all the terms and provisions ntained herein, to develop and achieve a relationship among 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 will not be construed to deprive employees or the Union of such rights and privileges. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the sole agent of all employees in the bargaining unit as defined in Article 2.02 and/or classified in Schedule "A" attached hereto and made part hereof This Agreement covers all employees of the Employer when employed in Roadbuilding and related work as Iron Worker, Heavy Duty Mechanic, Serviceman, Equipment Operator, Welder, Carpenter and Cement Finisher and their Apprentices and their Foremen, Truck Driver and Labourer, save and except Non Working Foremen, Shop Employees and Trme Keepers There will 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. Without limiting the generality of the foregoing, no classification of work or jobs may be removed from the bargaining unit except by mutual agreement in writing of the parties.

5 ARTICLE 3 - MANAGEMENT'S RIGHTS The Employer's rights include but are not limited to the following; the right: a) to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b) to select, hire and direct the working force and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend employees; to select and retain employees for positions excluded from the bargaining unit. c) to operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference The sole and exclusive jurisdiction over operations, building, machinery, equipment will be vested in the Employer.

6 3.03 The mployer may contract out work where: 6 a) it does not possess the necessary facilities or equipment; b) it does not have and/or cannot acquire the required manpower; c) it cannot perform the work in a manner that is competitive in terms of cost, quality and within required time limits The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union, and the employees. A Union Representative ("Representative") may attend such meetings. ARTICLE 4- UNION REPRESENTATION 4.01 For the purpose of representation with the Employer, the Union will function and be recognized as follows: a) The Union has the right to select or appoint Union Stewards ("Stewards") to assist employees in presenting any complaints or grievances they have to representatives of the Employer and to enforce and administer the Collective Agreement. In general, the number of Stewards will not exceed one (1) per project unless the project employs thirty (30) or more bargaining unit employees. In such cases the Union may increase the number of Stewards to two (2) per project. Stewards will receive the amount set out on Schedule "A" in addition to their regular hourly rate.

7 7 The Union will advise the Employer, in writing, of the names of the Stewards. b) Duly appointed Representatives of the Christian labour Association of Canada are Representatives of the employees, in all matters pertaining to this Agreement particularly for the purpose of processing grievances, negotiating amendments to and renewals of this Agreement and enforcing the employees' collective bargaining rights as well as any other rights under this Agreement and under the law. Stewards will not act in this capacity. The Union will advise the Employer, in writing, of the names of its duly appointed Representatives The Union acknowledges that Stewards have regular duties to perform as employees of the Employer and that such employees will not leave their regular duties for the purpose of conducting business in connection with the administration of the Agreement or the investigation or presentation of grievances, without first obtaining the permission of their Foreman or immediate Supervisor. Such permission will not be unreasonably withheld. The Employer will pay Stewards at their regular hourly rate for time spent attending such duties during their working hours Representatives will have access to visit job sites or fabricating shops during normal working hours subject to the following: a) The Representative will identify himself to the job Supervisor upon arriving at a job site;

8 8 b) In no case will such Representative interfere with the progress of work. c) The Representative will conduct all business in a nonworking section of the job site, unless otherwise authorized by the Employer. d) In no case will such Representative interfere with the progress of work The Union has the right to appoint a Negotiating Committee. Employees to a maximum of four (4) on the committee will be paid by the Employer at their regular hourly rates for all time spent on negotiating a collective agreement with the Employer, whenever this takes place during the regular working hours of the employees concerned Stewards will be laid off or reduced in number in accordance with the completion of the various phases of each project There will be no Union activity during working hours, on the Employer's premises, except that which is necessary for the processing of grievances and the administration and enforcement of this Agreement. ARTICLE 5- STRIKES AND LOCKOUTS 5.01 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 stoppage of work or otherwise restrict or interfere with the Employer's operation through its members.

9 During the term of this Agreement, or whi 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. ARTICLE 6 - EMPLOYMENT POLICY AND UNION MEMBERSHIP 6.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force. The Employer has the right to hire new employees as needed and will give preference to Union members for employment, provided such applicants are qualified to meet the requirements of the job 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 Representative in order to give such Steward or Representative an opportunity to describe the Union 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 subject to the constitution of the Christian Labour Association of Canada and the terms and conditions specified by the applicable policies of the union.

10 10 6. It will be the policy of the Employer promote from within wherever possible at the mployer's discretion New employees will be hired on a three (3) month probationary period and thereafter will attain regular employment status subject to the availability of work. The parties agree that the discharge or layoff of a probationary employee will not be the subject of a grievance or arbitration Probationary employees are covered by the Agreement, excepting those provisions which specifically exclude such employees Employees rehired within twelve (12) months of layoff will not serve a new probationary period An employee who quits or is terminated for just cause and is rehired will serve a new probationary period. ARTICLE 7 - DUES CHECK-OFF 7.01 The Employer is authorized to, and will deduct from each employee's paycheque, the amount equal to the Union dues, once monthly, and where applicable an amount equal to Union dues arrears and Union administration dues. The total amount checked off will be turned over to the Union Treasurer each month, by the 20th of the month following the check-off, together with an itemized list of the employees for whom the deductions are made and the amount checked off for each. The Union and the employees agree that the Employer will be saved harmless for all deductions and payments so made.

11 The n1on has a conscientious o n policy for employees cannot su rt the nion with their dues for conscientious reasons, as determined by the Union's internal guidelines on what constitutes a conscientious objection The Union will promptly notify the Employer, in writing, over the signature of its designated officer, the amount of the deduction to be made by the Employer for regular Union dues, and the Employer will have the right to continue to rely on such written notification until it receives other written notification from the Union The Employer will provide the Union with all necessary information regarding insurance and benefit plans, job classification changes and terminations. The name, address, date of hire, and classification of new employees will be provided to the Union once monthly. ARTICLE 8- WAGE AND AREA RATES OF PAY 8.01 Wage schedules and other provisions applicable to various job classifications and work descriptions are as set forth in Schedule "A". It is understood and agreed that the Employer and the Union will jointly determine the wage schedule applicable to a project prior to its commencement if there is a possible dispute 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 will be subject to negotiations between the Employer and the Union.

12 8.03 Show Up Time 12 Employees are required to meet at a designated meeting point(s), at a time specified by the supervisor, prior to the start of each scheduled work-day. An employee who shows up at the specified time and place, without prior notification that there is no work, may be eligible for show up pay. If the shortage of work is for reasons completely within the control of the Employer, it is the responsibility of the Employer/supervisor to advise the affected employee(s) prior to the specified time for show up. In situations where it is not possible or practical to contact the affected employee(s) in advance, there will be no eligibility for show up pay. Where practicat, should the employee(s) not be pre-notified, two hours of show up time, at the employees appropriate rate of pay will be paid, as well as applicable accommodation allowance. If a new specified time for meeting is scheduled on such a day, employee(s) failing to contact the Employer/supervisor by such specified new time may not be eligible for accommodation allowance. Show up time will not be paid if work does not resume due to reasons beyond the control of the employer. In situations beyond the control of the Employer, such as inclement weather or equipment failures, and the employee is required to be on standby for the day, the employee will be paid the full accommodation allowance even if the employee does not work that day. If the Employer schedules meeting times during the day and the employee does not contact the Employer at such times, the employee may not be eligible for the accommodation allowance. Road build in g-al berta

13 8. Starting Work 13 An employee who starts work and is prevented from completing their normal work day will receive a minimum of four (4) hours pay at their prevailing hourly rate except when the work is suspended because of inclement weather or other reasons completely beyond the control of the Employer in which case the minimum will be two (2) hours. The employee will also receive their full accommodation allowance if and when applicable When there is a temporary shortage of work within a given work day in a specific classification, the Employer may employ the affected employees in another classification at the rate of pay of their usual specified classification provided the employee is qualified to do the required work Employees given the option to work in another classification for which they are qualified instead of being laid off will be paid the rate for the new classification If the Employer bids on jobs which specify a specific rate schedule the parties agree to meet to determine the rate to be paid for the particular project. ARTICLE 9 - HOURS OF WORK AND OVERTIME 9.01 The normal work week will be as outlined in Schedule "A" The overtime rates to be paid are as outlined in Schedule "A".

14 When a statutory holiday occurs during employees regular work week, employees will receive overtime pay as outlined in Schedule "A" When a scheduled break occurs it will include a Sunday The Employer will attempt to distribute overtime work as evenly as possible among employees who normally perform the work and who indicate they wish to work overtime Hours of work and overtime as set out in this article may be modified by mutual agreement between the Employer and the Union for selected contract projects It is agreed that the provisions of this Article are for the purpose of computing overtime and will not be construed to be a guarantee of or a limitation on the hours of work to be done per day or per week other than those stipulated in Articles 8.03 and There will be two (2) coffee breaks of ten (1 0) minutes duration on each shift, one in the first half of the shift and one in the second half of the shift. Employees will be given a meal period of one half (0.5) hour per shift but such period will not be considered as time worked. Employees will be entitled to an additional coffee break for every four (4) hours overtime worked in a given day Provided the employee notifies the Employer at the time of hire the Employer agrees to respect an employee's wishes with regards to not working certain days of the week or certain hours of the day because of religious convictions Sunday will be deemed the first day of the week.

15 The Employer will give the Union one (1) week's notice of layoff, when possible The Employer will not be required to give one (1) week's notice of layoff when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation The Employer agrees to notify the Union office of the names of employees laid off within the pay period of the date during which the layoff occurred, together with the employee's classification and latest available phone number Employees laid off at the end of the season are typically eligible for recall at the start of the next season to the same position. Employees the Employer does not intend to recall will be advised of such by March 15 of each year. ARTICLE 11 -VACATION AND VACATION PAY All employees will be entitled to receive an amount equal to six percent (6.0%>) of their regular earnings in vacation pay Vacation Pay will be paid to employees every pay period and on termination The Employer will consider vacations at the times requested considering business requirements.

16 Employees will be entitled to receive an amount equal to four percent (4.0%) of their regular earnings in lieu of the following holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day Employees required to work on one of the above holidays will receive overtime pay as outlined in Schedule "A" for all hours worked in addition to the holiday pay outlined in Article Holiday Pay will be paid to employees every pay period and on termination. ARTICLE 13 ~TRANSPORTATION, TRAVEL AND ACCOMMODATION It is recognized by the Employer and the Union that the purpose of transportation, travel and accommodation allowances as established in this article is to provide a fair means of compensating employees for additional expenses they incur while working on projects beyond a reasonable distance from their residence Travel Allowance a) Travel allowance will be paid for in accordance with the provision of Articles and

17 17 b) When travel allowance is applicable the employee will be paid from the Employer's shop or from the employees home whichever is closer to the job site. c) Travel allowances will not be used in computing overtime Travel Time a) On all projects where an employee transports an Employer's vehicle to the job, such employee will be paid their regular rate of pay for actual time traveled. Such employees will not receive duplicating travel allowances. b) On all projects where an employee's classification requires the use of their own vehicle in the performance of their duties, such employee will be paid at their regular rate of pay for actual (reasonable) time traveled from the point of hire to the project and return Daily Travel a) The location of the set muster point will be established at the beginning of each project by mutual agreement between the superintendent and the Steward. b) Daily travel is travel from the set muster point to the job site. c) One way time traveled between the set muster point and the actual job site will be considered time worked and paid at the appropriate rate. If the distance from

18 18 the muster point to job site exceeds twenty-five (25) kilometers travel time will be paid one (1) way Accommodation Allowance a) Whenever employees covered by this Agreement are required by the Employer to be away from their normal place of residence overnight, the Employer agrees to pay daily accommodation allowance (as set out in Schedule "A") or alternately the Employer, at their discretion will provide at the Employer's expense, accommodation for the employees. Allowance will not be paid for any day on which an employee does not work of their own accord for reason other than job related accident. b) Accommodation allowance, in accordance with Schedule "A" will be paid subject to the following conditions: i) To be eligible for accommodation allowance an employee's permanent residence must be fifty (50) kilometers or more from the job site. ii) Accommodation allowance begins when an employee works their first scheduled shift; iii) Accommodation allowance will be paid for all work days and all show up days outlined in Article For selected projects with peculiar geographic circumstances, the Employer may establish alternative or amended policies for transportation, travel and accommodation. Such alternative or amended policies will

19 19 be established for the duration the project and will requi the mutual agreement of the Employer and the Union. ARTICLE 14- UNION-MANAGEMENT COMMITTEE a) In order to build a cooperative relationship between the Employer, the Union and the employees, the parties agree to schedule Union-Management meetings once every three (3) months or as required during the life of this Agreement. The meeting will serve as a forum for discussion and consultation about policies and practices not necessarily covered by the Collective Agreement. The areas for discussion will include but not be limited to: i) hiring policies; ii) iii) iv) discipline and discharge policies; training and promotion; safety measures; v) matters that affect the working conditions of the employees. b) The Employer and the Union will each appoint representatives to the Union-Management Committee. Meeting notes will record the business of each meeting, and copies will be distributed as the Committee determines A committee member, attending the Union-Management meetings during regular working hours, will be entitled to their regular hourly rate of pay. In the event that such

20 20 meetings are held outside regular working hours, the Employer agrees to pay a flat fee of ten dollars ($1 0.00) to a committee member for each meeting attended In the event that consultation fails to resolve a matter of contention, the Union agrees that the decisive word resides with Management, unless specifically abridged, deleted or modified by this Agreement. The Union reserves the right to refer unresolved matters to the Grievance Procedure. ARTICLE 15 - HEALTH AND SAFETY COMMITTEE a) The Employer agrees to make practicable prov1s1ons for the safety and health of its employees on its job sites and shop during the hours of their employment. b) The Union undertakes to give full support to these objectives by promoting a safety consciousness and a personal sense of responsibility among its membership. c) It is the intent of the parties to have working conditions that are not unsafe or unhealthy beyond the minimum hazards inherent to the operation of the process in question The Union-Management Committee outlined in Article 14 will also serve as a Health and Safety Committee. The Committee will meet at a time mutually agreeable to the parties. The meeting will be directed to matters concerning the correction of unsafe conditions and practices and the maintenance of the co-operative interest in the safety of the workforce. The Employer will maintain a record of the meetings and the matters discussed.

21 21 The ealth and Safety Committee will make inspections of all job sites at its discretion An employee who is injured on the job during working hours and is required to leave for treatment for such injury will receive payment for the remainder of their shift An employee who is injured on the job and who requires transportation from the work site to a local physician or hospital will receive such transportation provided for by the Employer. Should an employee require hospitalization for a period of more than one ( 1) week the Employer will provide transportation to an available facility near the employee's home at no cost to the employee Following a serious accident or an incident which could have resulted in a serious accident the Union-Management Committee will convene as soon as possible to investigate and report to the Union and the Employer Modified Work Programs If an employee is injured on the job and requires medical attention the employee is entitled to Modified Work and the employee will inform the attending Physician of the same. The Employer will inform the Physician of the types of modified work available to the employee and will make the same available to the employee with the Physician's approval.

22 22 ARTICLE 16- HEALTH AND WELFARE PLAN The Employer agrees to pay the amount as set out in Schedule "A" for all hours worked for each employee, except summer students hired to work only for the duration of the summer school break (May-August), towards the Insurance Plan administered by the CLAC Health and Welfare Trust Fund It is understood and agreed that it is the responsibility of each employee to be familiar with the specific details of coverage as outlined in Schedule "B" and eligibility requirements of all benefit plans, and that neither the Union nor the Employer, has any responsibility for ensuring that all requirements for eligibility or conditions of coverage or entitlement of benefits are met by the employee, beyond the obligations specifically stipulated in this Agreement Contributions will be remitted to the CLAC Health and Welfare Trust Fund's office each month, by the 20th of the month following the month of contributions, together with an itemized list of the employees for whom the contributions are made and the amount remitted for each. ARTICLE 17- REGISTERED SAVINGS PLAN (RSP) a) The Employer agrees to contribute the amount as set out in Schedule "A" for all hours worked for each employee, except summer students hired to work only for the duration of the summer school break (May August), towards the participation in the RSP Plan

23 23 administered by the CLAC Health and Welfare Trust Fund. b) An account will be opened in the employees name by the CLAC Health and Welfare Trust Fund as soon as possible following the receipt of one (1) months contributions and the employees current address. The contributions will be deposited in the same manner subject only to the rules established by the Trust Funds Board of Trustees. All monies deposited in the employees account will remain the property of the employee subject only to the rules governing RSP and Benefit Plans The Employer's contribution to the CLAC Health and Welfare Trust Fund will be non-refundable, and when deposited will be vested in the employee on whose behalf the deposit was made, in accordance with the terms of the RSP Plan Withdrawal of funds and payouts from the RSP Plan will be subject to law and the terms of the Plan Employees on whose behalf contributions and deposits are made will receive statements from the financial institution where the deposits are made, mailed to the employees last address on record with the CLAC Health and Welfare Trust Fund Administrator Contributions will be remitted to the CLAC Health and Welfare Trust Fund's office each month, by the 20th of the month following the month of contributions, together with an itemized list of the employees for whom the contributions are made and the amount remitted for each.

24 CLAC Education Fund The Employer agrees to contribute an amount for all hours worked by all employees as defined in Schedule "A" to the Union Education Fund CLAC Alberta General Operating Fund The Employer agrees to contribute an amount as set out in Schedule "A" for all hours worked by all employees to the CLAC Alberta Training Trust Fund. The use of these funds will be for the general operations of CLAC Alberta Training and will be governed by the policies and procedures of the CLAC Alberta Training Trust Fund and its trustees Contributions will be remitted to the Union Treasurer each month, by the 20th of the month following the month of contributions, together with an itemized list of the employees for whom the contributions are made and the amount remitted for each. ARTICLE 19- TOOLS All tradesmen will supply their own tools common to their trade. Specialty tools will be provided by the Employer The employees will be held responsible for all tools issued to them by the Employer.

25 The E player will supply safety hats, approved safety coveralls (fluorescent green) to all flag persons All employees will wear safety shoes where required, furnished by the employee The Employer will furnish employees with specialized PPE and safety equipment (including safety glasses and gloves) and rain gear if and when required. Said equipment will remain the property of the Employer. Any worn out safety equipment will be replaced upon presentation of the worn equipment. The employees will be held responsible for loss or improper maintenance of Employer furnished items. ARTICLE 21 -LEAVES OF ABSENCE AND BEREAVEMENT PAY The Employer will grant leaves of absence without pay for the following reasons: a) Marriage of the employee; b) Sickness of the employee or employee's immediate family; c) Death in the immediate family; d) Union activity other than this establishment The above will be for a time mutually agreed upon between the Employer and the employee An employee will be granted a three (3) day leave of absence with pay at eight (8) hours per day, at their

26 26 regular straight time hou rate, to make arrangements for and to attend the funeral of the ployee's spouse, child, parents, parents-in-law, or grandchildren. An employee will be granted a one (1) day leave of absence with pay at eight (8) hours per day, at their regular straight time hourly rate, to make arrangements for and to attend the funeral of the employee's brother, sister, brother-in-law, sister-in-law, or grandparents Employees who fail to report for work as scheduled without giving a justifiable reason will be deemed to have voluntarily quit. ARTICLE 22- GRIEVANCE PROCEDURE The parties to this Agreement recognize the Stewards and the Representatives specified in Article 4 as the agents through which employees will process their grievances and receive settlement thereof "Grievance" will mean a complaint or claim concerning improper discipline or discharge, or a dispute with reference to the interpretation, application, administration or alleged violation of this Agreement. A "Group Grievance" is defined as a single grievance, signed by a Steward or a Representative on behalf of a group of employees who have the same complaint. Such grievance must be dealt with at successive stages of the Grievance procedure commencing with Step 1. The grievors will be listed on the grievance form.

27 27 "Policy Grievance" is defined as one ich involves a question relati the interpretation, application or administration this Agreement. A Policy Grievance will be signed by a Steward or a Representative, or in the case of an Employer's Policy Grievance, by the Employer or their representative All the time limits referred to in the grievance procedure herein contained will be deemed to mean "work days" The Employer or the Union will not be required to consider or process any grievance which arose out of any action or condition more than five (5) work days after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period will not begin to run until the action or condition has ceased. The limitation period will not apply to differences arising between the parties hereto relating to the interpretation, application or administration of this Agreement. If the Employer does consider or process a grievance which has been presented late, the Employer will not be stopped or precluded at any stage from taking the position that the grievance is late and not arbitrable No employee will have a grievance until they have discussed their complaint with their immediate supervisor. If the employee's immediate supervisor does not promptly settle the matter to the employee's satisfaction, an employee's proper grievance may be processed as follows:

28 Step 1 28 Subject to the conditions of Article 6.05, if a grievance is be filed it will, within the five (5) work days referred to in Article.04 above, be reduced to writing and will be presented to the designated Employer representative by a Steward or a Representative. The designated Employer representative will notify the Representative of their decision in writing not later than five (5) work days following the day upon which the grievance was submitted. The grievance referred to above will identify: a) the facts giving rise to the grievance; b) the section or sections of the Agreement claimed violated; c) the relief requested; and will be signed by the employee or employees involved. Step 2 If the grievance is not settled in Step 1, a Representative will within five (5) work days of the decision under Step 1, or within five (5) work days of the day this decision should have been made, submit a written grievance to the designated Employer representative. A meeting will be held between the Steward or Representative together with the grievor involved and the designated Employer representative and other representatives of the Employer. This meeting will be held within five (5) working days of the presentation of the written grievance to the designated Employer representative. The Employer will notify the

29 29 Steward or Representative of their decision m writing within five (5) work days of such meeting. Step 3 In the event that the grievance is not settled at Step 2 the party having the grievance may serve the other party with written notice of desire to arbitrate within five (5) work days of the delivery of the decision in Step 2 to the Steward or Representative but not thereafter Union Policy Grievance or Employer Grievance A Union policy grievance or an Employer grievance may be submitted to the Employer or the Union, as the case may be, in writing, within ten (1 0) work days of the time circumstances upon which the grievance is based were known or should have been known by the grievor. A meeting between the Employer and the Union will be held within five (5) work days of the presentation of the written grievance and will take place within the framework of Step 3 of Article hereof. The Employer or the Union, as the case may be, will give its written decision within five (5) work days after such meeting has been held. If the decision is unsatisfactory to the grieving party, the grievance may be submitted to arbitration within fifteen (15) work days of the delivery of such written decision and the arbitration section of this Agreement will be followed. If the Employer is not advised of the Union's intention to proceed to arbitration within five (5) work days, the Employer will not be liable for any damages during the foregoing fifteen (15) work day period.

30 30 The provisions of this paragraph.06 will not be used by the Union to institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute, and the provisions of Articles and hereof will not thereby be bypassed. ARTICLE 23- ARBITRATION If a notice of desire to arbitrate is served, the two parties will each nominate an arbitrator within seven days of service and notify the other party of the name and address of its nominee. The two arbitrators so appointed will attempt to select, by agreement, a Chairman. If they are unable to agree upon a Chairman within seven days of their appointment, either party may request the Minister of Labour to appoint an impartial Chairman 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 will be served personally or by registered mail. If served by registered mail, the date of mailing will 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

31 31 commence arbitration proceedings and if the party in default refuses or neglects appoint an arbitrator in accordance with Article 23.01, the party not in default may, upon notice to the party in default, appoint a Single Arbitrator to hear the grievance and their decision will be final and binding upon both parties It is agreed that the Arbitration Board will have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article 22 and 23 where it appears that the default was owing to a reliance upon the words or conduct of the other party An employee found to be wrongfully discharged or suspended will be reinstated with back pay calculated at an hourly rate or average earnings, as applicable, times normal hours, 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 circumstance surrounding the discharge or suspension, the Arbitration Board may substitute a penalty which, in its opinion, is just and equitable Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expense of the Chairman of the Arbitration Board The Board of Arbitration will not be authorized to make any decisions inconsistent with the prov1s1ons of this

32 32 Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to it the notice to arbitrate specified in Step 3 of Article hereof. ARTICLE 24 -WARNING, SUSPENSION AND DISCHARGE An employee may be suspended or discharged for proper cause by the Employer. Proper cause may include the refusal by an employee to abide by Safety Regulations; the use of illegal narcotics or alcohol or reporting for work while under the influence of such substances; the refusal by the employee to abide by the requirements of the Employer's clients; the refusal by the employee to abide by the requirements of the Employer's rules, regulations, policies and practices. Such suspension or discharge is subject to the Grievance procedure When the attitude or performance of an employee calls for a warning by the Employer, such a warning will be noted by the immediate supervisor. The immediate supervisor will inform the Steward of the warning within twenty-four (24) hours. ARTICLE 25-- COLLECTIVE AGREEMENT AMENDMENTS It is understood and agreed that the wage rates and other provisions set out in this agreement may be amended by mutual agreement if there are significant changes in the industry or for specific projects to enable the Employer to compete with non-union competition and/or with other specific union project agreement rates. Either party may

33 33 request that negotiations commence by g1vmg notice in writing. The Employer and the Union agree to have representatives meet for discussions within thirty (30) days of receiving the request from the other party. Any amendment resulting from the discussions under these terms will be put in writing and signed by a representative of the Employer and a Representative of the Union Pre-Job Conferences a) The Employer will notify the Union that a project has been awarded to the Employer following the award. Prior to the start of each project, and/or prior to the implementation of any additional monetary incentives a pre-job conference will be held to determine all sitespecific issues as outlined in the Agreement This conference may be conducted via telephone, through a scheduled meeting or by some other practical means as agreed to by the parties. b) A copy of the pre-job conference report will be provided to the Employer and the Union. ARTICLE 26- DURATION This agreement will be effective on the first day of February, two thousand and fifteen (2015) and will remain in effect until the thirty-first day of January, two thousand and seventeen (2017) and for further periods of one (1) year unless notice will be given by either party of the desire to delete, change, or amend any of the provisions contained herein, within the period from one hundred twenty (120) to sixty (60) days prior to the renewal date.

34 34 Should neither the parties give such notice, IS Agreement will renew for a period of one (1) Should negotiations not be completed prior to the expiration date of this Agreement all negotiated items will be retroactive from the date of signing to the expiration date of the expired agreement Until a new agreement has been concluded all provisions in this Collective Agreement will remain in full force and effect. DATED at Edmonton, Alberta, this ~"aay Signed on behalf of LEDCOR ALBERTA LIMITED Signed on behalf of CONSTRUCTION WORKERS UNION CLAC, LOCAL 63 p orize epresentat1ves P// t10rized Representatives (/ Authorized Representatives

35 35 Classifications and Rates ledcor Alberta limited -Roadbuilding Classifications and Rates Effective May 3, 2015 Classifications Wage Vac/Stat RSP H&W EF GTF Total Foreman Paving/Base Operations Subforeman Paving/Base Operations Equipment Operator (Heavy) Class A Low Bed Operator/Sr. Screed man Class B Class C Class D Equipment Operator (Light) Class A Class B Class C Labourer Skilled Labourer Dump Person- Base Operations Tractor Operator Flag Person Labourer Serviceman Principle Intermediate Junior Mechanic (Heavy Duty) th Year Apprentice (90%) rd Year Apprentice (80%) nd Year Apprentice (70%) st Year Apprentice (60%) Mechanic (Rig) Accommodation (Daily) Lead Hand 1.50 Steward Premium 0.50

36 Schedule "An 36 This schedule will apply to roadbuilding and to site preparation on commercial, institutional and open industrial construction sites. The mployer and the Union may agree to reasonable partial accommodation allowance where the employee elects to commute to their place of residence. It is understood and agreed that the wage rates will be adjusted when a project specification stipulates a "fair wage" schedule. The Employer and the Union will negotiate such rates prior to the start of the project. It is understood and agreed that the wage rates and Health and Welfare Benefit Premiums effective February 1, 2015 will be subject to further negotiations. If the parties fail to reach agreement prior to February 1, 2015 the final agreed upon wage rates will be retroactive to February 1, 2015 and will be paid to all employees for all hours worked between May 3, 2015 and the date of settlement. Hours of Work The normal work week will consist of forty-four (44) hours per week, consisting of four (4) ten (10) hour days and four (4) hours on the fifth day. The employee may check their daily hours either at the end of a shift or the following day from the person on site who is appointed to keep such records. These requests will not be unreasonably denied.

37 37 Overtime Employees will be paid overtime at the rate of one and one-half (1.5) times the employee's straight time hourly rate of pay for all hours worked in excess of ten (1 0) hours per day and forty-four (44) hours per week. When a statutory holiday occurs during the week overtime will be paid for all hours in excess of thirty-six (36) hours. The provisions outlined in Articles 9, 11 and 12 do not apply to employees paid the "Mechanic (Rig)" rate. The rate specified includes overtime, vacation and statutory holiday pay.

38 Equipment Operator A (Heavy) 38 Grader (Trim Man); Base Finisher Low Bed Operator Requirements for a qualifying employee are: current class 1 drivers license with an air endorsement; is required to produce, when requested by the employer, a current driver's abstract; is required to produce, when request by the employer, a current Transportation of Dangerous Goods Ticket; is willing now or with future requirements to obtain any other ticket that Ledcor Alberta Limited or the Government Transportation Governing Body deems appropriate; is able and qualified to load and unload equipment; is able and qualified in securing the loads; is able and qualified to operate the winch. Senior Screed man Senior Screed man requirements for a qualifying employee are: 5+ years of extensive experience in all operator roles of a paving operation; extensive and demonstrated mechanical ability and competency in operating paver/screed with a high degree of autonomy while maintaining excellent quality characteristics. Equipment Operator B (Heavy) Grader (experienced); Front End Loader (asphalt or base operations production); Experienced Asphalt Plant Operators, Screed men and Experienced Paver Operators. ~""~""...g,;._ "" ,,,,.....

39 Equipment Operator C (Heavy) 39 Grader (Utility); Hoe (Trim Man); F end loader up to 5 Cu. Yds; Inexperienced Paver Operators, Inexperienced Asphalt Plant Operators, and Dozer (trim man) D3 to D8, Water/Oil Truck Driver. Equipment Operator D (Heavy) Hoe; Front End Loader up to 3 Cu. Yds; Dozer 03 up to and including D8 or equivalent; Grader (inexperienced). Equipment Operator A (Light) Experienced paving vibratory compactor; operator- paving; Paving dump person. Finish Roller Equipment Operator B (Light) Experienced paving pneumatic compactor; Experienced vibratory base roller operator. Equipment Operator C (Light) Vibratory base course compactor (inexperienced) Pneumatic paving compactor (inexperienced) Inexperienced Equipment operators may be paid up to two dollars and fifty cents ($2.50) below the top rate in that category, but at no time will it be less than the equipment operator rate the employee has previously held. Such employees will be assessed every thirty (30) days for a potential wage increase to determine their appropriate rate.

40 40 B R RTA ITE Hereinafter referred to as "the Employer" -AND- CONSTRUCTION WORKERS UNION, CLAC LOCAL 63 Hereinafter referred to as "the union" Re: Scheduled Break During the Summer Months This letter is to be understood and is pursuant to the current Collective Agreement between the two parties. The Employer and Union recognize the importance of employees being rested and ready for work as an important element in maintaining a safe working environment. Therefore the parties agree that each year, a long weekend (Canada Day, Civic Holiday, Labour Day or Thanksgiving) will be identified in which all employees on a respective crew will be off work for a four (4) consecutive day period. Where possible the identification of this break will be determined two (2) weeks in advance of the scheduled dates.

41 41 Letter of Understanding - Page 2 Signed on behalf of LEDCOR ALBERT A LIMITED Signed on behalf of CONSTRUCTION WORKERS UNION CLAC, LOCAL 63 Pe r _ Authorized Representatives

42 42 B EN: LEDCOR D Hereinafter referred to as "the Employer" -AND- CONSTRUCTION RKERS UNION, CLAC LOCAL 63 Hereinafter referred to as "the union" Re: Camp Provisions This letter is to be understood and is pursuant to the current Collective Agreement between the two parties. Where possible the employer will pay for the supply of electricity, water and sewage facilities for employees who bring a mobile trailer to the work site as their accommodations for the duration of the respective project. In the event that something within the industry changes making these costs prohibitive to the Employer, the Employer will notify the employees and the Union well in advance of any changes being made to this practice.