PENN-CO CONSTRUCTION CANADA LTD.

Transcription

1 OFFICE OF JUN 2 6 Z001 COLLECTIVE BARGAINING INFORMATION CEflT. FILE CERT. DATE MALE EMPS!DENT COOED SUB. PROVS CODED Between PENN-CO CONSTRUCTION CANADA LTD. -and- Received - union Received- employer D Received-other--- Construction Workers Local 52 affiliated with the CHRISTIAN LABOUR ASSOCIATION OF CANADA

2 INDEX Description Article No. Page No. Apprentices and Apprenticeships Arbitration Checkoff Classifications and Hourly Rates... Schedule "A" Schedule "B" Classification Definitions Schedule "C".. 31 Duration & Retroactivity Education & Training Employment Policy and Union Membership Grievance Procedure Health & Accident-Sickness Insurance Holidays Leaves of Absence and Bereavement Pay Overtime and Sunday Labour Purpose Recognition Safety and Protective Equipment Seniority and Layoffs Strikes and Lockouts Tools Transportation, Travel Time, and Room & Board Union Representation Vacations & Vacation Pay Wages and Rates of Pay Warning, Suspension & Discharge

3 COLLECTIVE AGREEMENT Between PENN-CO CONSTRUCTION CANADA LTD. hereinafter referred to as the "Employer'' -and- CONSTRUCTION WORKERS LOCAL 52 affiliated with the Christian Labour Association of Canada hereinafter referred to as the "Union" Period: May 1, April 30, 2003 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; (c) to establish an orderly system for the promotion, demotion, transfer, layoff and recall of employees; (d) to establish a prompt, just and equitable procedure for the disposition of grievances;

4 -2- (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. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the sole bargaining agent of all its employees in the bargaining unit as defined in Article 2.02, and/or classified on schedule "A" and "B" attached hereto and made part hereof This Agreement covers all employees of the Employer employed in the construction industry in the province of Ontario, save and except non-working foremen, persons above the rank of non-working foreman, and office and sales staff It is agreed by the parties that 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, save and 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 The Employer agrees that the duly appointed representatives of the Christian Labour Association of Ca.nada are authorized to act on behalf of the Union for the

5 -3- purpose of supervising, administrating 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, and to make, alter and amend rules of conduct and procedure for employees, provided such rules are reasonable and consistent with the purpose and terms of this Agreement and are administered in a fair manner. (c) to hire, direct, transfer, promote, demote, lay off, suspend and discharge, provided that such actions are consistent with the purpose and terms of this 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 below The Employer may subcontract out work where: (a) he does not possess the necessary facilities or equipment. (b) he does not have and/or cannot acquire the required manpower.

6 -4- (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 subcontracted out if employees qualified to do the work are on layoff, or if employees qualified to do the work must be laid off, transferred, demoted or discharged as the result of the subcontracting 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 all matters pertaining to this Agreement. (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 any other rights under this Agreement and under the law The Union agrees to notify the Employer in writing of the names of its officials and the effective dates of their appointments. On any project where six (6) or more

7 -5- employees are employed in the bargaining unit, the Employer shall pay the designated Union steward fifty cents ($0.50) per hour in addition to the regular hourly rate Stewards in the employ of the Employer 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, as well as for time spent on negotiating a Collective Agreement with the Employer, whenever this takes place during the regular working hours of the stewards concerned The Employer and the Union agree that labourmanagement meetings will be held for the purpose of discussion matters of mutual interest or concern. It is understood that labour-management meetings in particular shall discuss matters relating to safety and the classifications and rates of pay of employees There shall be no Union activity during 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. 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

8 -6- permit or encourage any strike, slowdown or any 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 send men home when this is not warranted by the workload. ARTICLE 5 - EMPLOYMENT POLICY AND UNION MEMBERSHIP 5.01 The Employer and the union shall co-operate in maintaining a desirable and competent labour force. The Employer has the right to hire new employees as needed and will make every reasonable effort to notify the Union of manpower requirements at least one (1) week prior to any new hiring The Employer shall, as a matter of policy, promote from within the existing workforce whenever possible. Employees who are interested in transferring to another position shall advise the Employer of such interest by filing a request for transfer with the Employer New employees who are CLAC members shall be placed on a one (1) month probationary period. New employees hired from sources other than the Union's employment list shall be placed on a two (2) month probationary period.

9 Probationary employees are covered by the 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, end 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 en opportunity to describe the Union's purposes end representation policies to such new employees The Union agrees that it will make membership in the Union available to all non-probationary employees. ARTICLE 6 - CHECKOFF 6.01 (a) The Employer shall once monthly check off from all employees other than summer students employed during June, July and August an amount equal to Union dues as set by the CLAC National Convention. (b) The Employer shall also deduct any authorized initiation fees owing by the employee.

10 -8- (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 will be turned over by the Employer to the Union treasurer each month, within two (2) weeks after the checkoff and/or deductions are made, together with an itemized list of the employees for whom the deductions are made and the amount turned over for each Employees who, because of conscientious objection cannot support the Union may apply to the Union in writing, explaining their objection and requesting that their deducted monies be forwarded to a registered, Canadian charitable organization, or other trade union, providing that union is operating as a certified bargaining agent under federal or provincial legislation. Where the Union is satisfied that an employee cannot support the Union because of valid conscientious objection, the Union and the employee will select a charitable organization or other trade union by mutual agreement and the Union will forward the deducted monies to the organization at the end of each calendar year.

11 -9- ARTICLE 7 - WAGES AND RATES OF PAY 7.01 Wage schedules applicable to various areas and job classifications are as set forth on Schedules "A" and "B" attached hereto and made part hereof. Classification definitions are set forth on Schedule "C" attached hereto and made part hereof 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 The Employer agrees to pay three (3) hours of wages in the event that an employee who reports for work in the usual manner is prevented from starting work due to any cause not within his control When due to inclement weather the work has to be stopped, the Employer agrees to continue payment of each employee's regular hourly rate until the foreman on the job advises the men to go home. When this occurs, the employees shall be entitled to a minimum of four (4) hours' pay. ARTICLE 8 - OVERTIME AND SUNDAY LABOUR 8.01 The normal work week shall consist of forty (40) hours per we~k (Monday to Friday inclusive) and eight (8) hours per

12 -10- shift. Employees will be given a lunch period of one-half (%} hour, but such lunch period shall not be considered as time worked Employees who work in excess of forty-four (44) hours per week or nine (9) hours per day shall be paid at the rate of one and one-half times (1 %x) the regular rate of pay for all such work performed. When employees and their supervisor agree to modify the work schedule or to implement rotating shifts on a project, the Employer shall notify the Union Representative of the agreed-upon project schedule. Any such project schedule shall include the provision to pay overtime rates at the rate of one and one-half (1 1 /2) the employees' regular rates after 88 hours worked per two (2) week pay period, regardless of the days actually worked Work shall not normally be performed on Sundays, except that employees and the Employer may agree to include Sunday work in a modified project work schedule as outlined in Article Employees who are called in for Sunday emergency work, or called back for overtime work on all other days, shall be paid two (2) hours at their regular rate as call-in pay, in addition to the actual time worked which shall be paid at the applicable overtime rate There shall be two (2} coffee breaks of ten (1 0} minutes durqtion each per day, one in the forenoon and one in the afternoon.

13 -11- When employees are assigned to work overtime, they shall be entitled to an additional coffee break provided there is no break in working time. Thereafter there shall be additional coffee breaks every two (2) hours provided overtime continues after the break. ARTICLE 9 -VACATIONS AND VACATION PAY 9.01 All employees shall be entitled to receive an amount equal to ten percent (1 0%) of their total annual gross earnings in vacation pay and in lieu of statutory holiday pay. For tax purposes, vacation pay shell be taxed over the period of time during which it was earned Employees serving their probationary period shell receive en amount equal to seven point two percent (7.2%) of their total gross earnings in vacation pay and in lieu of statutory holiday pay The Employer will endeavour to grant vacations at the times requested, in the vacation seasons or periods, considering business requirements. The employees shall attempt to schedule holidays in such a way to cause least interference with workloads Employees shall have their vacation pay and statutory holiday pay paid out twice (2x) each year. Such payouts shall be made during the first calendar week of June, and the first calendar week of December.

14 -12- ARTICLE 10- HOLIDAYS Work shall not normally be performed on the following nine (9) holidays: New Year's Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day If an employee is required to work on one of the holidays mentioned under Article , he shall be paid at the rate of two (2) times the regular rate of pay. Holidays outlined in Article may be taken on a different day by mutual agreement between the parties providing the change of date does not conflict with Federal, Provincial or Civic law. ARTICLE 11 - SENIORITY AND LAYOFFS In case of layoffs, the Employer will be guided by the following considerations: 1. Length of employment of the employee; 2. Family circumstances of the employee; 3. Ability of the employee to perform the available work. When efficiency, productivity and ability to perform available work are relatively equal, the rule shall

15 -13- prevail that the employee having been employed the longest shall be laid off last and recalled first The Employer shall give one (1) day's notice of layoff. Any appeal in regard to a layoff must be taken up under the first step of the Grievance Procedure hereinafter set forth within five (5) work days after the layoff took place. Any employee laid off and recalled for work must return within two (2) work days when unemployed and within seven (7) work days when employed elsewhere after being recalled, or make definite arrangements with the Employer to return. The Employer agrees to notify the stewards of the names of employees laid off within the pay period of the date during which the layoff occurred. ARTICLE 12- HEALTH AND ACCIDENT-SICKNESS INSURANCE a) In order to protect employees and their families from the financial hazards of illness, the Employer agrees to contribute the following sums to the CLAC Health Fund, for all employees who have completed the probation period and who are not otherwise covered as per Article (b)

16 -14- Effective May 1, $1.30 per hour Effective May 1, $1.40 per hour 1. Notwithstanding the requirements of Article (a), the Employer shall not be required to contribute to the CLAC Health Fund on behalf of employees who are already enrolled in the Penn-Co Construction Ltd. employer benefit plan at the time when they begin to work under the provisions of this Agreement. The Employer shall continue the existing benefit plan arrangements on behalf of such employees while they are employed under the provisions of this Agreement When an employee completes the probationary period, the Employer shall make a retroactive payment of the monies set out in article (b), for all hours which the employee worked during the probationary period. Subject to the entry requirements of the CLAC Health Fund, the fund agrees to keep each employee for whom the Employer has remitted covered for all Health Fund benefits, as long as there is enough money in the employee's account. In case there is not enough money in the employee's account, the employee will be notified by the CLAC Health Fund and given an opportunity to remain covered on a pay direct basis Employer contributions to the CLAC Health Fund shall. be recorded on a remittance sheet to be supplied by

17 -15- the Union. On this sheet the Employer shall record: 1) name of employee; 2) total hours worked during the month for which the remittance is made; 3) date of hire for new employees only; 4) social insurance number for new employees only; 5) date of termination; and 6) total sum of Employer contribution. The Employer will forward two (2) copies of the remittance sheet plus one (1) separate cheque for the combined amount of each employee's contribution to the Health Fund, monthly, not later than the fifteenth (15th) of the following month All money being earned by the employee, such as the Employer's contribution to the CLAC Health Fund, as well as deductions made from the employee's wages, such as Union dues, will be considered trust monies held on behalf of the employee until the money is paid to the Union. Pension Plan It shall be mandatory for all employees who have completed the probationary period set out in Article 5.03 to join the CLAC pension plan The Employer shall deduct from each eligible employee's regular time wages an amount equal to four per cent (4%), and the Employer shall make a matching contribution. Remittances shall be made monthly together with the remittances to the CLAC. Health Fund.

18 -16- ARTICLE 13 - TRANSPORTATION. TRAVEL TIME. ROOM AND BOARD When the Employer obtains work in an area remote from employee's residences, the Employer shall provide reasonable adequate accommodation for employees, plus a twenty-five dollar ($25.00) daily subsistence allowance. If particular circumstances require alternative arrangements, the Employer and the Union shall negotiate such arrangements and draft the revised arrangements in a letter of understanding which shall apply for the duration of that project When the Employer obtains new work, present employees who reside within a 1 00 kilometre radius of the new jobsite shall have the right to transfer to such jobsite instead of being laid off from their current job, provided that they are qualified to do the available work, and provided their length of employment with the Employer is greater than that of employees in the same classification on the new jobsite. This article shall apply provided that the parties are able to reach an agreement under the provisions of article Present employees who request to be transferred to remote jobsites at their own expense rather than be laid off, shall have the right to take such a transfer provided they are qualified to do the available work When an employee uses his own vehicle to travel. between work sites, the Employer shall reimburse such

19 -17- travel costs to the employee at the rate of thirty cents ($0.30) per kilometre actually travelled For employees who are transported to a job site in a vehicle owned or charted by the Employer, the Employer shall pay travel time one (1) way, at employee's straight time rates, for any projects where return travel time exceeds four (4) hours. This clause shall only apply on projects which are started after May 1, ARTICLE 14 - TOOLS All tradesmen shall supply their own hand tools. Power tools shall be supplied by the Employer. ARTICLE 15 - SAFETY AND PROTECTIVE EQUIPMENT The Employer shall endeavour to provide a place of employment which shall be safe for the employees, and shall use government-required safety devices and shall adopt and use methods and procedures to render it safe, and shall do whatever is necessary to protect the life, health, and safety of the employees. It is understood that the employees will wear protective equipment and clothing when required The employees shall wear safety hats and boots. obtained at the employees' expense.

20 All other protective equipment deemed necessary by the labour-management committee will be supplied by the Employer and shall remain the property of the Employer. Light Duty Work Programs If an employee is injured on the job and requires medical attention the employee is entitled to Light Duty Work and he shall inform the attending Physician of the same. The Employer shall inform the Physician of the types of light duty work available to the employee and shall make the same available to the employee with the Physician's approval. ARTICLE 16- LEAVES OF ABSENCE AND BEREAVEMENT PAY 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: 1) Marriage; 2) Sickness; 3) Death in the immediate family; 4) Union activity other than this establishment The above shall not preclude extensions for personal. illness where it is established in an application prior to

21 -19- the expiration of the leave of absence that such a request for extension is justified The immediate family in this Article shall mean: mother, father, mother-in-law, father-in-law, brother, sister, spouse or common-law spouse, children and grandchildren of the employee. An employee shall be granted three (3) days leave of absence at his regular rate of pay to make arrangements for and to attend the funeral of his mother, father, spouse or common-law spouse, or children. The Employer shall pay an employee who has one (1) or more years of service (cumulative total) with the Employer, for each day of jury duty or crown witness duty, the difference between the employee's regular wages and the amount of court fees received by the employee, to a maximum of one (1) calendar month. The employee is required to provide proof of court attendance and of the amount paid by the court in order to receive reimbursement. ARTICLE 17 EDUCATION AND TRAINING The Employer shall contribute five cents ($0.05) per hour to the CLAC Education and Training Fund, for all hours worked by all employees.

22 Contributions to the Fund will be used by the Union to assist members in exercising their right to work and have access to jobsites, to educate end instruct members in the competent end safe practice of their trade, and to instruct stewards in the practise of progressive labour relations on behalf of the members. ARTICLE 18 - APPRENTICES AND APPRENTICESHIPS It is agreed that apprentices shell be paid in accordance with the Regulations issued under the Apprenticeship and Tradesmen's Qualification Act. The Employer shell register apprentices with the Ministry of Colleges end Universities within six (6) weeks of commencement of employment. The Employer shall pay apprentices attending trade school, twenty-five dollars ($25.00) per week while attending trade school, in addition to the U.I.C. payments. Payments shell be made weekly while the employee attends school. ARTICLE 19 -WARNING, SUSPENSION AND DISCHARGE When the attitude or performance of en employee cells for a warning by the Employer, such a warning shall be a written one, and a copy of this warning will be

23 -21- forwarded immediately to the provincial heed office of the CLAC An employee may be suspended or discharged for proper cause by the Employer. Within five (5) work days 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) work days following the interview, the Union may submit the complaint to arbitration. ARTICLE 20- 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. The Employer or the Union shall 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 shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of this Agreement.

24 A "Group Grievance" is defined as a single grievance, signed by a steward or a CLAC Representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with step 1. The grievers shall be listed on the grievance form. A "Policy Grievance" is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A policy grievance may be submitted by either party to arbitration as outlined under Article 21, thus bypassing steps 1 and 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. Step 1 Any employee having a grievance will, accompanied by a steward or a CLAC Representative, submit the same to his immediate supervisor within five (5) work days of the act or condition causing the grievance. This supervisor will deal with the grievance not later than the third (3rd) work day following the day upon which the grievance is submitted and will notify the grievor and the Union representative of his decision in writing.

25 -23- Step 2 If the grievance is not settled under step 1, a Union representative may 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 Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the griever and the Union representative of his decision in writing within three (3) work days following the said meeting. ARTICLE 21 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. 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 nominate an arbitrator within seven (7) days of service and notify the other party of the name and address of its nominee. The two arbitrators so appointed shall attempt to select, by agreement, a. chairman. If they are unable to agree upon a chairman

26 -24- within seven (7) 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 shall be served personally or by registered mail. 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 21.03, 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. 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

27 -25- Article 21 and 22 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 without loss of seniority and with back pay calculated at day rates times normal working days, hourly rates times normal working hours, or average earnings, as applicable 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 the parties will jointly bear the expense of the chairman of the arbitration board. ARTICLE 22- DURATION AND RETROACTIVITY This Agreement shall become effective on the first (1 51 ) day of May two thousand and one (2001) and shall. remain in effect until the thirtieth (30 1 h) day of April two

28 -26- thousand and three (2003) and for further periods of one (1) year, unless notice shall be 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. Should neither party give such notice, this Agreement shall be renewed for a period of one (1) year. SIGNED: the "~ ployer" Ontario Representative Dated at Blumenort, MB, /) 12--1i ( :2 2, I

29 -27- SCHEDULE "A" Classifications and Hourly rates This wage schedule is for southern Ontario, that is, the area located south of that portion of Highway 1 1 extending from the town of Red Rock on the west and Cochrane on the east, and extending east from Cochrane to the Quebec border along highway 652. Classification Tower Crane Operator Carpenter with Certificate Iron Worker (structural) Carpenter (No C. of Q.} Equipment Operator Skilled Labourer Iron Worker (rebar} Swam per Common Labourer Manlift Operator Student Hourly Rate May $28.08 $24.62 $24.62 $23.29 $20.61 $ $22.27 $21.75 $ $20.05 $11.33 Hourly Rate Mayl.2002 $28.92 $25.36 $25.36 $23.99 $21.23 $ $22.94 $22.40 $ $20.65 $11.67 It is agreed that a lead hand or working foreman shall receive fifty cents ($0.50) per hour above the certified carpenter's rate. It is agreed that student workers shall only be employed between the months of May and September each year. The employment of students shall not deprive regular employees of their normal working hours, nor unfavourably influence the workload of such regular employees.

30 -28- Apprentices shall be paid in accordance with the regulations issued under The Apprenticeship and Tradesmen's Qualification Act, Should any government legislation or regulations increase the above rates, these rates shall automatically conform.

31 -29- SCHEDULE "B" This schedule is for northern Ontario, that is, the portion of Ontario located north and west of highway 11 between the town of Red Rock on the west and Cochrane on the east, and extending east from Cochrane to the Quebec border along highway 652, with the additional proviso that this schedule shall also apply to all work done in communities located along this portion of highway 11 and highway 652. Classifications and Hourly Rates Classifications Carpenter with Certificate Iron Worker (structural) Carpenter (no C. of Q.) Equipment Operator Skilled Labourer Iron Worker (rebar) Common Labourer Student Wage Rate Effective May 1, 2001 $22.06 $22.06 $20.25 $19.15 $ $ $ $11.33 Wage Rate Effective May 1, 2002 $22.72 $22.72 $20.86 $19.72 $ $ $ $11.67 It is agreed that a lead hand or working foreman shall receive fifty cents ($0.50) per hour above the certified carpenter's rate. It is agreed that student workers shall only be employed between the months of May and September each year. The employment of students shall not deprive regular employees of their normal working hours, nor unfavourably influence the workload of such regular employees.

32 -30- Apprentices shall be paid in accordance with the regulations issued under The Apprenticeship and Tradesman's Qualification Act, Should any government legislation or regulations increase the above rates, these rates shall automatically conform.

33 -31- SCHEDULE "C" I Classification Definitions Tower Crane Operator: Crane Operator with Certificate of Qualification to operate a crane over 25 tons. Carpenter with Certificate: Fully qualified carpenter with Certificate of Qualification and/or capable of performing all carpentry work with a minimum of supervision. Carpenter (No C. of Q.): Worker able to perform all duties of a carpenter under supervision, but without Certificate of Qualification. Equipment Operator: Operator of bulldozer, front end loader, backhoe, or tractor backhoe. Skilled Labourer: Worker able under minimum supervision to do concrete pouring and vibrating, form stripping, cleaning, shovelling, and general labour duties. Swam per: Worker trained in hand signals, cable tying and radio communication with crane operator. Common Labourer: Worker able under supervision to perform general labour duties including concrete pouring, vibrating, form stripping, cleaning, shovelling and earth moving.

34 -32- Iron Worker (Structural) Worker qualified to erect structural steel and I or steel cladding. Iron Worker (rebar) Worker qualified and able to proficiently install and tie reinforcing steel bars prior to the pouring of concrete slabs or formed structures. Manlift Operator Worker qualified to safely operate an elevating device for the transport of personnel and materials on a construction project. Student Person enrolled in a full-time program of academic study, temporarily employed during the school vacation period.

35 Construction Workers Local 52, affiliated with the Christian Labour Association of Canada 5920 Atlantic Drive Mississauga, Ontario L4W 1N6 Tel: (905)