Collective Agreement. between. Holcim (Canada) Inc., Operating as Dufferin Aggregates. and

Transcription

1 Collective Agreement between Holcim (Canada) Inc., Operating as Dufferin Aggregates and The Communications, Energy and Paperworkers Union of Canada, CLC and its Local 266 January 1, December 31,2015

2 CONTENTS ARTICLE 1 - INTENT AND PURPOSE ARTICLE 2 - SCOPE OF COVERAGE ARTICLE 3- MANAGEMENT RIGHTS ARTICLE 4- UNION SECURITY ARTICLE 5- NO STRIKE, NO LOCKOUT ARTICLE 6- UNION COMMITTEES ARTICLE 7 - GRIEVANCE PROCEDURE ARTICLE 8 - ARBITRATION ARTICLE 9- DISCIPLINE ART ICLE 10- HOURS OF WORK AND OVERTIME ARTICLE 11 - PAID HOLIDAYS ARTICLE 12- VACATION ARTICLE 13 - SENIORITY ARTICLE 14 - WAGES ART ICLE 15 - LEAVE OF ABSENCE ARTICLE 16 - BULLETIN BOARDS ARTICLE 17- VACANT POSITIONS ARTICLE 18 - BEREAVEMENT ARTICLE 19 - REST PERIODS ARTICLE 20- JURY AND WITNESS DUTY ARTICLE 21 - BENEFITS PLAN ARTICLE 22 -GENERAL ARTICLE 23- FOREMEN WORKING ARTICLE 24 - PENSION ARTICLE 25- DURATION OF AGREEMENT ARTICLE 26- APPRENTICESHIP PROGRAM ARTICLE 27 - HEALTH & SAFETY ARTICLE 28 - TRAINING LETTER OF INTENT # LETTER OF INTENT # LETTER OF INTENT # LETTER OF INTENT # LETTER OF INTENT # LETTER OF UNDERSTANDING -Recall to Pre-Production Work LETTER OF UNDERSTANDING- Relationship Building Page 2

3 This Agreement made June 19, 2013 Between: Holcim (Canada) Inc., Operating as Dufferin Aggregates Hereinafter called the "Company" and The Communications, Energy and Paperworkers Union of Canada, CLC and its Local 266 Hereinafter called the "Union" of the second part ARTICLE 1 -INTENT AND PURPOSE 1.01 The purpose and intent of this Agreement is to promote co-operation and harmony, to recognize mutual interest, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Employer, to promote efficiency and service, and to set forth herein the basic agreement covering rates of pay, hours of work, dispute procedure and conditions of employment Employees will be treated in a fair and consistent manner with respect to the provisions of this collective agreement. ARTICLE 2- SCOPE OF COVERAGE 2.01 This Agreement shall apply to all employees in the bargaining unit defined in the Certificate issued by the Ontario Labour Relations Board, viz: "This agreement shall apply to all employees of the Company at its quarry operation known as Dufferin Quarry, Esquesing Township, save and except foremen, persons above the rank of foreman, and office staff. " ARTICLE 3- MANAGEMENT RIGHTS 3.01 The management of the business and the direction of the working force, including the right to plan, direct and control operations, hire, suspend or discharge for proper cause, transfer or relieve employees from duty because of lack of work or for other legitimate reasons, the right to study or introduce new or improved production methods or facilities, and the right to establish and maintain reasonable rules and regulations covering the operation of the business and the conduct of employees are vested in the Company subject to the provisions of this Agreement. ARTICLE 4- UNION SECURITY 4.01 The Company recognizes the Union during the life of this Agreement as the sole and exclusive bargaining representative in the matters of rates of pay, hours of work, and other conditions of employment as set out in this Agreement for all of its employees in the bargaining unit defined in Article 2. Page 3

4 4.02 The Company will not interfere with, restrain or coerce employees because of membership of lawful activity in the Union, nor will it by discrimination in respect to hire, tenure of employment or any term or condition of employment attempt to discourage membership in the Union The Union agrees that neither the Union, nor its members, will intimidate or coerce any employee in respect to his right to work or in respect to membership or non-membership in the Union Membership in the Union, on the first day of employment, shall be a condition of employment. The parties agree, however, that membership in the Union is separate and mutually exclusive from the employee's attainment of seniority rights as defined in Article 13 of this agreement The Company agrees to deduct the initiation fee in two weekly installments, and the monthly dues as required by the Union By-laws from the first pay of eligible employees each month and to remit the money deducted, together with a list of employees from whom the deductions were made, to the Financial Secretary of Local 266, prior to the end of the month for which the deduction was made. The Company will notify the Chief Steward of any new hourly employees hired The total amount of Union Dues (not including the initiation fee) paid by an employee shall be included in the T-4 slips. ARTICLE 5- NO STRIKE, NO LOCKOUT 5.01 During the term of this Agreement it is agreed that neither the Union nor its representatives, nor any member of it, shall cause, sanction, authorize or take part in any strike as defined by the Ontario Labour Relations Act; nor shall the Company cause or practice any lockout as defined by the same Act If there is a legal picket line at any Company with which the Company does business, no employee will be required to cross such line if there is danger to the employee's safety or Company equipment. ARTICLE 6 - UNION COMMITTEES 6.01 The Company agrees to recognize and deal with a Union Grievance Committee which shall consist of not more than two employees elected or appointed by the Union. The Committee shall meet at the request of either party at such times as are mutually agreed on In the event a night shift is established, the Union may elect or appoint an additional Steward. No more than two members of the Committee shall attend any meeting under this Article It is understood that a union Representative's duties will in no way conflict with his duties to the Employer, and he shall be held responsible for the same quality of work as other employees. In keeping with that understanding it is also agreed that Union Representative have a legal obligation to provide proper representation. In accordance with this understanding, the Company will compensate such employees for the time spent in handling grievances of employees at their regular rate of pay, provided Page 4

5 that this does not apply to time spent on such matters outside of the regular working hours. It is also agreed that Union Representatives shall not absent themselves from their work to deal with grievances of employees without first obtaining permission from their immediate supervisor. Such permission shall not be unreasonably withheld. The Company will provide a private meeting place available for the Union Representative to meet with a member(s) for the sole purpose of the above A Representative of the Union upon informing the Quarry Manager, or in his absence his representative, shall be permitted to visit the Quarry premises and to interview employees for the purpose of obtaining information pertinent to the administration of this Agreement, provided such Union representative complies with all safety rules and regulations of the Company The Company will recognize a Union Negotiating Committee composed of not more than three employees, who will be given time off to negotiate the Collective Agreement, and who will be paid for hours lost from their regular hours of work up to a maximum of five negotiating meetings. ARTICLE 7- GRIEVANCE PROCEDURE 7.01 (a) (b) (c) Should any difference arise between the Company and any of the employees, an earnest effort shall be made to settle such differences without undue delay. A grievance is defined as either (1) an individual grievance affecting one person or (2) a group grievance affecting more than one person or (3) a policy grievance filed by the Union or the Company. When a grievance is at any step of the grievance procedure, by written mutual consent between the parties all similar grievances filed will be held in abeyance pending resolution or determination of the first grievance. No complaint or grievance shall be submitted or considered under the grievance procedure unless it has been presented within ten working days from the time of its alleged occurrence Step 1 of the Grievance Procedure The aggrieved employee and the Steward shall take the matter to Site Superintendent or his designate. The Steward will provide a written record of the grievance to the Company and shall state the section(s) of the Agreement allegedly violated, with particulars. During the meeting the parties shall exchange how they interpret their rights under the agreement. The company shall render a written decision within five (5) working days Step 2 of the Grievance Procedure (a) (b) If a satisfactory settlement is not reached at Step 1, the Steward and the aggrieved employee shall present the matter to the Quarry Manager or his designate in writing, within five (5) working days of the termination of step 1. The Quarry Manager or his designate will meet with the Chief Steward or his designate within seven (7) working days of the date that the matter was presented to him. During the meeting the parties will exchange all the information and concerns about the grievance and the surrounding collateral issues. If mutually agreed the parties can adjourn this meeting and reconvene at a mutually agreed to time, in order to access new information relevant to the grievance. The company shall render a decision in writing within five (5) working days of the final meeting, or a time mutually agreed to. Page 5

6 (c) (d) If the Quarry Manager cannot meet within the time limits, the grievance automatically proceeds to 7.04 of this agreement. Policy grievances will be submitted at this step, first Step 3 of the Grievance Procedure (a) (b) (c) (d) If a satisfactory settlement is not then reached, the matter shall be referred to the Union, which shall notify the Quarry Manager or his designate within five (5) working days of their intent to proceed to Step 3. Within fourteen (14) days of the notice to proceed to Step 3, a meeting date will be arranged with an official or officials of the Union and representatives of the Employer. A decision will be given within five (5) working days of the Step 3 meeting or a time mutually agreed to. The Chief Steward or his designate shall receive a written response from the Company. If the Manager cannot meet within the time limits, the grievance automatically moves to 7.05 of this agreement Arbitration Failing the settlement under Step 3, a grievance may be submitted to Arbitration, providing notice is given within ten (1 0) working days after receipt of the decision at Step 3, or a time mutually agreed. The grievance will be considered settled or abandoned if the Union of the Company has not advised the other party in writing of their intent to pursue the grievance to arbitration The Chief Steward or his designate will be provided a maximum of two (2) hours to meet with the National rep in order to prepare for a step 3 grievance meeting. The Chief Steward must notify his supervisor at least 7 days prior to the meeting For the above grievance procedure, the parties agree that a workweek is defined as Monday to Friday In the event the Parties resolve a grievance in writing and enter into a signed Minutes of Settlement, as a result of any step in this Article, those Minutes of Settlement are subject to be submitted immediately for Arbitration, once Parties have discussed the alleged violation. ARTICLE 8- ARBITRATION 8.01 No matter may be submitted to arbitration which has not been properly carried through the proper steps of the Grievance Procedure The parties will agree to the use of a sole Arbitrator and will proceed in an expeditious manner. Once notice has been served by a party to pursue a grievance at arbitration, that party will have twenty-five (25) calendar days from the day notice was provided to completed the process of filing for arbitration for the purpose of selecting an Arbitrator If within twenty (25) calendar days from the day it gave notice to pursue a grievance at arbitration a party has not completed the process of filling for arbitration for the purpose of selecting an arbitrator, the grievance will be considered settled or abandoned, should there not be reasonable grounds for the delay Either party may pursue an application for expedited arbitration as a means of resolving the grievance. Page 6

7 8.05 The Arbitrator will hear and determine the grievance and his decision will be final and binding on the parties hereto and the employees affected. The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, or to alter, modify, or amend any part of this Agreement As an alternative to Arbitration, the parties may mutually agree to grievance Mediation as a means of resolving a grievance. A mutual agreement to resolve a grievance at Grievance Mediation shall be in writing Each of the parties hereto will bear the expenses of the Arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration. ARTICLE 9- DISCIPLINE In the event an employee is called to a meeting which may result in discipline he shall be accompanied by the on-site Steward of his choice. Where practicable, the Company will administer discipline within ten (10) working days from the date the alleged incident was brought to the attention of the Company. A claim by an employee that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step No. 2 of the Grievance Procedure within five days after the discharge is effected. Such special grievance may be settled under the Grievance Procedure by: (a) (b) (c) Confirming the Company's action in dismissing the employee. Reinstating the employee with full compensation or for such period as may be considered equitable and just for time lost. By any other arrangement which may be deemed just and equitable When an employee has been dismissed, he shall have the right to interview his Steward for a reasonable time before leaving the Quarry premises. Any disciplinary action will be removed from an employee's file after a period of two (2) years, except for lateness and absenteeism disciplinary action which will be removed after one (1) year. No employee shall be discriminated against by either party. It is recognized that a period of probation is a period during which the Company has the right to assess an employee to determine whether such employee is acceptable for employment. The Company agrees to abide by all relevant legislative requirements. ARTICLE 10- HOURS OF WORK AND OVERTIME Starting Times First Shift-7:00a.m. to 8:00a.m. Second Shift-4:30p.m. to 6:00p.m. Third Shift - 12:00 Midnight to 1:30 a.m. Page 7

8 Hours scheduled before 7:00a.m. or after 5:00 p.m. on the day shift shall be paid for at the rate of time and one-half. It is understood and agreed that coverage is required from 5:30a.m. to 6:00p.m. and, notwithstanding Article 10.06, employees will be required to work sufficient hours to cover this period. The Company shall only implement a three (3) shift operation after consultation with the Union The hours of work shall be nine hours at straight time rates from Monday to Friday The Company does not guarantee to provide work to any employee for regularly assigned hours or for other hours Time and one-half the employee's straight time rate will be paid for: (i) (ii) All hours worked by an employee in excess of nine hours. All hours worked on Saturdays Double the employee's straight time rate shall be paid for all hours worked on Sundays. Double the employee's straight time rate shall be paid for all hours worked in excess of twelve hours in any day Overtime shall be on a voluntary basis and shall be distributed equally among employees performing a similar class of work. Overtime work will not normally be offered to employees without a minimum of 8 hours break between work periods. Further, no employee will be expected to work more than 13 continuous hours Employees, who are called upon to work in excess of their regularly scheduled hours on any day or week, may not be laid off during their regularly scheduled hours to equalize overtime Employees, reporting for work on a regularly scheduled work day, finding no work available, shall be provided with four hours of work or shall be paid for four hours at their regular rate, unless they receive prior notice not to report to work Any employee called back for work after completing his regular day's work shall be paid a minimum of four hours at one and one-half times his regular rate A Meal Allowance of ten ($1 0.00) dollars shall be paid for any shift exceeding twelve (12) hours If the Company goes to shift work, for classifications that will work more than one shift, there will be rotation. There will also be equal hours for shifts. If an employee requests a steady nightshift, the resulting steady day shift shall go to the senior employee on the opposite shift in that classification. Requests must be submitted to the Union, who in turn will present such requests to the Company The Parties agree that the overtime hours shall be administered and distributed as per Letter of Intent #3 Overtime Guidelines during the life of this Agreement The Company agrees to advise the employee of any changes to start time, excluding overtime, three calendar days in advance of its effective date. In the event an employee's start time is changed without the three days notice, the Company shall pay time and one half the employee's regular rate for the first 9hrs of work. This article does not apply in the event that an employee's start time is changed as a result of a Job Posting or Bump. Page 8

9 ARTICLE 11- PAID HOLIDAYS The following listed paid holidays, regardless of when they fall, will be granted to all employees with pay except new employees who have not completed their probationary period. (a) When one of the listed paid holidays falls on a non-working day: (1) An unpaid day in recognition of the holiday will be moved to a mutually agreed to day. (2) Employees who are required to work the "mutually agreed to day" will do so at straight time. (3) Employees working the "mutually agreed to day" would be entitled to take an unpaid day off in lieu at a mutually agreed to time within three (3) months. New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Day before Christmas Day Christmas Day Boxing Day Day before New Year's Day Floater* *Note: The Floater will become Heritage Day if Heritage Day is proclaimed. The Floater will be paid to all employees on completion of their probationary period. The Floater is to be taken at a time mutually agreed to by the Company and employee without interruption of production. The Company maintains the right to limit the number of employees off on one day The basis of pay will be nine hours at straight time rate of the employee. The rate of payment for a paid holiday will be the rate for the work being performed by an employee at the time the holiday occurs. If any of the above mentioned days are worked, the employee shall be paid at double the straight time rate of his classification for such hours worked in addition to the holiday pay. An employee will forfeit pay for the above holidays if he has been absent without permission on the working day before or the working day following the holiday. However, the employee shall be paid for the paid holiday if he has missed the day previous to the holiday or the working day immediately after the holiday if: (a) (b) (c) He has suffered an accident. Sickness for which he supplied a Doctor's Certificate. Jury duty or properly granted leave of absence For statutory holidays that occur during the Christmas vacation shutdown, the past practice of the Company shall prevail and the employees shall not receive days off in lieu thereof after the vacation shutdown has ended. For employees who take their vacation at Page 9

10 any period of the year, and a paid holiday occurs during the vacation, the employee will receive an extra day's holiday with pay at his regular hourly rate An employee, other than a probationary employee, who is laid off, shall receive at the time he is laid off, nine (9) hours pay per day for the first five holidays that occur within the fourteen (14) day period immediately following the date of layoff Wages and Vacation Pay will be directly deposited weekly into one (1) account or two (2) separate accounts at the employee's direction. ARTICLE 12- VACATION The Company agrees that every employee in the bargaining unit, after completion of one year's seniority, shall be entitled to and shall be required to take an annual vacation of two weeks' time off work, for which he shall be granted a vacation allowance of four (4) percent of his total earnings for the twelve month period immediately preceding July 1 of each year, or one (1) week's basic hourly earnings for each week of vacation entitlement, whichever is the greater. The vacation year will be from July 1 to June The Company agrees that every employee in the bargaining unit after completion of five years' seniority shall be entitled to and shall be required to take an annual vacation of three weeks' time off work for which he shall be granted a vacation allowance of six (6) percent of his total earnings for the twelve month period immediately preceding July 1 in each year, or one (1) week's basic hourly earnings for each week of vacation entitlement, whichever is the greater. The vacation year will be from July 1 to June The Company agrees that every employee in the bargaining unit after completion of ten years' seniority shall be entitled to and shall be required to take an annual vacation of four weeks' time off work for which he shall be granted a vacation allowance of eight (8) percent of his total earnings for the twelve month period immediately preceding July 1 in each year, or one ( 1) week's basic hourly earnings for each week of vacation entitlement, whichever is the greater. The vacation year will be from July 1 to June The Company agrees that every employee in the bargaining unit after completion of seventeen years' seniority shall be entitled to and shall be required to take an annual vacation of five weeks' time off work for which he shall be granted a vacation allowance of ten (1 0) percent of his total earnings for the twelve month period immediately preceding July 1 in each year, or one (1) week's basic hourly earnings for each week of vacation entitlement, whichever is the greater. The vacation year will be from July 1 to June An employee, who attains five (5) years, ten (10) years or seventeen (17) years of service on their anniversary date within that calendar year, will receive vacation pay of 6%, 8%, 10% respectfully on July 1, less vacation pay already received for that same period. The payment will be calculated on the twelve months of earnings preceding July 1. Employees hired after July 1 within the calendar year will receive a payment as described in this article upon their anniversary date. ARTICLE 13 -SENIORITY New employees will serve a probationary period of sixty (60) days worked before acquiring seniority rights. The Seniority will then date back to the starting day with the Company. Employees with the same seniority date shall be ranked on the seniority list as Page 10

11 determined by a draw, supervised by the Company's representative and the Union's representative. A draw will be scheduled each time this issue arises When it is necessary to lay off or re-call employees who have been laid off, the employees to be laid off or re-hired shall be selected on the basis of seniority, combined with qualifications, skill and ability, which shall be judged by the Company. If an employee to be laid off satisfies the requirements set out herein he shall not be restricted to lateral or downward bumping. In the event of a lay-off due to an emergency situation which may require the by-passing of seniority, the senior Union Steward will be advised of the reason An emergency lay-off, in which employees are laid off without regard to seniority, will not exceed seven (7) calendar days. When canceling or recalling a shift due to an emergency, the Company agrees, if practicable, to give such notice of cancellation or recall to the upcoming shift in the presence of a Union Steward. A copy of the master call sheet will be supplied to the Union, upon request. The Company shall maintain a seniority list, including a posted classification of the employees on the list. Three copies of the list shall be forwarded to the Recording Secretary of the Union, whose name and address shall be supplied by the Union. on June 1 and December 1 of each year. An employee shall accumulate seniority under the following conditions: (a) (b) (c) During a layoff not exceeding twenty-four months. During absence due to illness or accident. During leave of absence granted by the Company Seniority will be lost and employment terminated if an Employee: (a) (b) (c) (d) Voluntarily leaves the employ of the Company. Is discharged and not reinstated through the grievance procedure. Is laid off and not recalled within twenty-four months. Fails after a layoff to return to work on the specified recall date. Notice received by registered mail or equivalent 7 calendar days prior to the recall date to the employee's last recorded address shall be effective and sufficient notice. In the event that the employees refuses to sign or fails to pick up the recall letter the company will be considered to have provided sufficient notice from the date the registered mail was delivered In the event that the Company must layoff employees for a period exceeding 6 months, the last two employees to be laid off in these circumstances, pending their ability to perform the available work, will be the Chief Steward and the Co-Chair of the Joint Health & Safety Committee Should an employee be off work for any reason, prior to their absence, the employee shall fill out a form supplied by the Company, requesting they be considered for any permanent posting that becomes available during their absence. If such employee was the successful applicant, he must be capable of assuming the job and do so within 14 days of the posting of the successful applicant. Page 11

12 13.09 The Company may canvass all unaffected employees of a temporary layoff for volunteers to take a temporary layoff so that junior employees can continue to work in their place The parties agree that "cross bumping" (bumping between production and trades) would not occur during temporary or short term layoffs. Cross bumping would only be permitted by Licensed Tradesperson during indefinite layoffs Should the Company request a Chief Steward or Health & Safety Representative to be present at the workplace during a layoff period, the Company agrees to pay their wages as per article In the event that the Company finds it necessary to temporarily layoff its' hourly employees, it shall provide 2 weeks or 14 calendar days notice of such layoff, or pay in lieu, with the exception of an emergency layoff. An emergency is defined as any unforeseen event (ex. Major equipment failure, act of God). The company will meet with the union prior to the layoff to discuss layoff related issues Employees will be provided with five (5) working days notice of an extension to their layoff date. ARTICLE 14- WAGES The Company agrees to pay and the Union agrees to accept for the term of this Agreement the following wage rates: Wage Rates Group Classification Previous 1-Jan-13 1-Jan-14 1-Jan-15 Group 1 Labourer Group 2 Truck Driver Group 3 Road Maintenance Primary Haul Driver Dozer Operator Group 4 Plant Attendant Excavator Operator Plant Operator Group 5 Lubricator Greaser Loader Operator Group 6 Secondary Plant Operator Group 7 Utility Operator Group 8 Production Pit Group 9 Licensed Electrician Licensed Mechanic Licensed Millwright Licensed Welder Page 12

13 Licensed Lead Hand If and when the Primary and Secondary are combined, wage rate at group 9 to be paid A Shift Premium of $1.05 per hour will be paid to employees who work an afternoon or a night shift. An employee who, for the convenience of the Company, is temporarily transferred to another occupational classification in which the rate of pay is different to that in effect in such employee's regular classification shall be paid as follows: (a) (b) (c) (d) If the rate of pay for the job to which he is temporarily transferred is less than the employee's regular rate, he shall be paid his regular rate. If the employee selected for a temporary transfer possesses the required skill and ability to perform the work and the rate of pay for such work is higher than the regular rate of his current classification, he shall receive the higher rate, effective upon commencement of the transfer. The Parties further agree that temporary transfers under Article of the Agreement will normally be transfers of fourteen (14) calendar days or less. In the event that employees are ill, on compensation or leave of absence for a period in excess of fourteen (14) calendar days, the Company and the Union will meet within this time frame in order to determine if a Temporary Vacancy should be posted. In the event of an unscheduled shutdown or breakdown and the Company is required to temporarily transfer employees for the purpose of restoring production, such transfers will apply only until the end of the shift in which the breakdown occurred. If the above mentioned shutdown or breakdown exceeds beyond the first shift, employees will be organized to available jobs with respect to seniority, skill and ability Retroactivity shall be on wages and improvements to the Union Managed Group RRSP fund only for employees still in the employ of the Company as of the Date of Ratification. Technological change is defined as the introduction, or addition of machines, equipment, instruments, or modifications thereof, that result in the abolition or merger of one or more job classifications into one. Senior employees who lose their jobs as the result of a technological change as defined in 14.05, who possess the necessary skill and ability, shall be given the first opportunity to fill the new job. Senior employees who accept a new position under these circumstances will be afforded a twenty one (21) working day trial period to prove they possess the necessary skill and ability to perform the new position. The Parties are agreed that students hired for the summer vacation period shall pay dues following the completion of their probationary period. The Parties further agree that students who work in classifications listed in the Wage Schedule shall be paid in accordance with that Schedule. Students hired for ground maintenance and other related duties will be paid $13.50 per hour for the duration of the collective agreement. No employee shall be transferred to another occupational classification while the employee's occupational classification is in operation, unless the employee so agrees. Page 13

14 This clause shall not apply if there is no other employee capable of efficiently operating the other occupation classification. ARTICLE 15- LEAVE OF ABSENCE The Company may grant a leave of absence to employees for legitimate personal reasons. Upon thirty (30) days written notice the Company will grant a leave of absence to elected or appointed delegates and/or executives that are acting on behalf of the Union; not more than two (2) delegates or Union executives will be absent at any one time The Company agrees to grant ten days unpaid leave to the President of Local 266 to attend other Local 266 negotiations Upon written application, an employee with at least one (1) year seniority may be granted a leave of absence without pay for a period not exceeding sixty (60) days, subject to the approval of the Quarry Manager and provided that no disruption to operations will occur. Such leave of absence may be extended, upon written request to the Company. The Company will maintain employee benefits, except weekly indemnity (WI) and long term disability (L TO), for a period of one (1) month beyond the month in which the leave of absence is granted Upon request, the Company will notify the Shop Steward of any leave of absence granted, or refused. In cases of refusal, the reasons will be specified on the Leave of Absence Application. Any employee on leave of absence who engages in other employment or fails to report for work upon the expiration of their leave shall be deemed to have voluntarily quit the employ of the Company. ARTICLE 16- BULLETIN BOARDS The Company will provide Bulletin Boards for the use of the Union and The Joint Health & Safety Committee for posting notices. All such notices must be signed by the Proper Officers before posting any notices. ARTICLE 17- VACANT POSITIONS In the event a job becomes vacant within the bargaining unit or a new job is created the Company will, within three (3) days from the time the vacancy occurs, post the job on the bulletin board for seven (7) days to give employees an opportunity to apply for the position and will give a copy of the posting to the Union Steward. The Company may assign someone to fill the job temporarily. However, the experience gained during the temporary assignment shall not be considered in a job posting. The name of the successful applicant shall be posted on the bulletin board within two (2) days after the end of the posting period. The Company agrees to post the names of the unsuccessful applicants. Applicants will be selected on the basis of seniority combined with skill, ability and qualifications to meet job vacancy requirements as specified in the job posting, and such judgment shall not be exercised in an arbitrary or discriminatory manner. Where the senior applicant is not selected the matter may be referred to the Grievance and Arbitration procedure. During the next twenty-one (21) working days the employee shall be on trial in his new classification and the Company shall return him to his former position if he is found unsatisfactory during the trial period. Page 14

15 Applications will not be accepted from probationary employees if there are other qualified applicants (a) (b) (c) Employees that bid successfully on a job posting and decide to return to their former classification within the fourteen (14) calendar days trial period, shall only be eligible to apply on subsequent job postings after a period of twelve (12) months. Should an interruption in the fourteen (14) calendar day trial period occur due to business reasons or excused absences, the affected employee will be provided a trial period of eight (8) days worked, which will include days worked during the fourteen (14) day trial period. Employees that bid successfully on a job posting and after successfully completing the twenty one (21) days worked day trial period, shall only be eligible to apply on one subsequent job posting within a period of six (6) months. If the Company removes an employee from their position during the twenty-one (21) days worked trial period, that employee will not be subject to the provisions of article (a) and they will be permitted to return to their original job classification. The posting process for the vacant position resulting from the original posting shall not commence until such position has been accepted. Upon agreement that a temporary posting is required as per (c) the temporary posting will be posted for a period of seven (7) days. The name of the successful applicant chosen on the basis of seniority, skill, and ability will be posted on the bulletin board within two (2) days after the end of the posting period. A trial period of seven (7) days following the date of successful posting will exist to allow the Company to assess whether the employee is performing satisfactorily or to allow the employee to return to their previous classification. If the successful applicant previously held a classification, his or her position will be posted as per the above and the chain of postings will continue until the process exhausts itself. The successful applicant shall have the right to post for vacant positions as per article ARTICLE 18 - BEREAVEMENT An employee, upon the death of a member of his immediate family, shall be given a three (3) day leave of absence with pay. Immediate family shall include spouse, children, stepchildren, father, mother, step-parents, sister, half-sister, brother, half-brother, parent-inlaw, grandparents, sister-in-law, brother-in-law or grandchild. If the death occurs on the weekend, vacation or leave of absence, the three day paid leave shall be taken immediately upon return to work. For the purpose of this article "pay" shall be calculated as the hours the employee would have normally worked and was absent from as a result of the bereavement leave. ARTICLE 19 - REST PERIODS Employees will be granted a ten minute rest period in the first half and in the second half of each shift. Page 15

16 ARTICLE 20 - JURY AND WITNESS DUTY An employee, who is called for jury duty or subpoenaed as a Crown Witness, shall be excused from work for any day on which he reports for such jury duty or as a Crown witness and shall receive for each day on which he otherwise would have worked, the difference between his regular hourly rate and the payment he receives for jury duty or as a Crown witness. An employee, working a fixed shift or a rotating shift, will not be required to report for work on the day or days he is called for jury duty or as a Crown witness. The day or days paid for such jury duty or as a Crown witness shall be counted as nine hours worked for the purpose of computing weekly overtime where applicable. ARTICLE 21- BENEFITS PLAN Employees are eligible to join the Group Insurance Plan following the completion of ninety (90) calendar days, except for long-term disability coverage where a minimum of twentyfour (24) months of seniority is required for eligibility. The employee has the obligation to maintain and submit all necessary forms, designations and information required for benefit coverage to go into effect, for coverage to continue, and for benefit recovery. If requested, the Company will provide guidance in completing benefit claim forms. The Company agrees to pay 100% of the premiums necessary to maintain a Group Insurance Plan providing benefits for Employees covered by this Agreement. The Company will provide the Union and eligible employees a Group Insurance Plan booklet that reflects the level of benefits agreed to during this Agreement. An employee on layoff shall continue Group Insurance plan coverage (exclusive of Weekly Indemnity and Long-term Disability coverage), for a maximum period of six (6) month from the last day of the month in which the layoff occurred. They shall have the option to pre-pay for six (6) additional calendar months of Group Insurance plan coverage (exclusive of Weekly Indemnity and Long-term Disability coverage). An employee on Weekly Indemnity or Long-term Disability shall continue Group Insurance plan coverage while receiving benefits. An employee on WSIB benefits shall continue Group Insurance plan coverage to the extent required by the Workplace Safety & Insurance Act. An employee on maternity/parental leave shall continue Group Insurance plan coverage to the extent required by the statute. For any employee not actively at work on the date on which any increase in the amount of a benefit comes into effect, such employee shall be eligible for the increased coverage upon return to active employment. ARTICLE 22 - GENERAL The Company agrees to provide coveralls to employees that require them during the normal course of their daily duties. The Company will determine the quantity of coveralls to be distributed to each employee. Page 16

17 The Company agrees to provide a pool of coveralls to be distributed to employees who would normally not receive coveralls during the normal course of their daily duties, but because of a short term assignment to maintenance that may require this service. The issuing and collecting of coveralls will be controlled through the shop. To ensure the return of coveralls, such coveralls will have identifiers. The Company will contribute $ per year as a Tool Allowance towards the purchase and/or insurance of tools for all the tradesmen employed as Mechanics, Millwrights and Electricians. The payment will be included in wages paid on the pay period following July 1st of each year of this Agreement Contracting Out: The Company agrees that if equipment is available it will not subcontract out work which employees in the bargaining unit normally perform if such subcontracting would result in the layoff of any employees. Independent contractors who perform bargaining unit work for three (3) or more days in any given month shall pay union dues for that month to the union. This clause will exclude Capital projects. Upon request by the Shop Steward, and not more than once per month, the Company will provide the Shop Steward with the names of Contractors on the Quarry property along with the number of people employed and the amount of Union dues paid The Company agrees to pay for the printing and distribution of the collective agreement The Company and the Union agree that the chief steward and his designate and the Site Manager and/or his designate(s) will meet on a quarterly basis to discuss labour management issues The parties have agreed to maintain a cooperative approach in an effort to reduce the number of grievances7 ARTICLE 23 - FOREMEN WORKING Foremen engaged solely in a supervisory capacity shall not perform bargaining unit work except in instances of instruction, training, experimentation or in the case of emergency. If a violation is established by a policy grievance, an amount of $350 shall be paid to a local charitable organization on behalf of the employees of Dufferin Aggregates. A copy of the receipt of payment will be provided to the union ARTICLE 24- PENSION PLANS Defined Benefit Pension Plan Employees participating in The Retirement Plan for Hourly-Paid Employees of the Dufferin Aggregate Division of Holcim (Canada) Inc. are eligible to receive benefits, subject to the terms and conditions of the Defined Benefit Pension Plan and the following: 1. Effective upon ratification of this Agreement, pensionable earnings will be calculated on a 5-Year Final Average Earnings basis. Page 17

18 2. When a Monday to Thursday production shift is in effect, earnings are adjusted as per the Letter of Intent #1. 3. An eligible member who retires from active service shall receive an annual pension without reduction if the member's age is not less than 60 and continuous service totals 90 or more ("rule of 90") HCA Group RRSP Employees are eligible to participate in the HCA Group RRSP ("the Plan"), subject to the terms and conditions of the Plan and the following: 1. Participation in the Plan is mandatory effective the first of the month following completion of the probationary period; 2. The Company will contribute 4% of base pay and the employee will contribute 3% of base pay, by payroll deduction, for all hours worked at straight time up to a maximum of 45 hours per week, unless adjusted by a pension factor; 3. Employees are allowed to make voluntary employee contributions through payroll deduction up to the maximum permitted by Revenue Canada. Employees are responsible for enforcing their maximum; 4. The Company will select the fund manager as well as the investment fund choices. Employees are responsible to select and manage the performance of their investment fund choices; 5. Employee basic and voluntary contributions may be withdrawn once a year with no penalty in company contributions. Employees are not allowed to withdraw company contributions during their employment; 6. The company wi ll pay a ll costs associated with the administration of the Plan. Employees are responsible for all investment fees related to the selection of their investment fund choices; 7. Company contributions will cease during unpaid absences from work. For clarity, unpaid absences include weekly indemnity, long term disability, WSIB, maternity leave, parental leave, temporary layoff; 8. Employees may elect to continue participation in the Plan during absences while receiving WSIB benefits to a maximum period of twelve (12) months providing they continue to remit basic employee contributions to the Plan. Basic contributions will be based on 3% of base pay for all hours worked at straight time up to a maximum of 45 hours per week; 9. Employees may elect to continue participation in the Plan while on maternity or parental leave to a maximum period of thirty-five (35) weeks for a Mother and eighteen (18) weeks for a providing they continue to remit basic employee Page 18

19 contributions to the Plan. Basic contributions will be based on 3% of base pay for all hours worked at straight time up to a maximum of 45 hours per week; 10. Employees are eligible for early retirement at age 55 with two continuous years membership in the Plan. Should the employee retire, all funds must be transferred or withdrawn from the Plan; 11. In the event of termination of employment, employees will transfer or withdraw all contributions from the Plan. For employees with less than two years continuous membership in the Plan, only basis and voluntary employee contributions will be transferred or withdrawn; 12. In the event of death during membership in the Plan, beneficiaries will transfer or withdraw all eligible contributions from the Plan ~ Union Managed Group RRSP and Regular Savings Plan Employees are eligible to participate in the "Union Managed Group RRSP and Regular Savings Plan", subject to the terms and conditions of the Plan and the following: 1. Participation in the Plan is mandatory effective the first of the month following completion of the probationary period; 2. The Company will contribute 6.5% oftotal earnings into the e mployee's account on a monthly basis. Total earnings will include regular pay, overtime pay, holiday pay and vacation pay; 3. Employees are responsible for all fees related to the Union Managed Group RRSP and Regular Savings Plan, as well as administration, issuance of statements and other issues related to the Union Managed Group RRSP and Regular Savings Plan; 4. Company and employee contributions cease during unpaid absences from work. For clarity, unpaid absences include weekly indemnity, long term disability, WSIB, maternity leave, parental leave, temporary layoff; ARTICLE 25- DURATION OF AGREEMENT Unless changed by mutual consent, the terms of this Agreement shall continue in effect until the 31st day of December, 2015, and shall continue automatically thereafter for annual periods, unless either party notifies the other in writing within ninety days prior to the expiry date of the Agreement that it is desired to amend or terminate this Agreement Negotiations shall begin within fifteen days following notification of amendment If, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this Agreement, or the making of a new Agreement, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties, or until conciliation proceedings prescribed by the Ontario Labour Relations Act have been completed, whichever date should first occur. Page 19

20 ARTICLE 26 -APPRENTICESHIP PROGRAM For Motor Mechanics, Electricians & Millwrights. Requirements: Electrician- Minimum of grade 12 - proof to be supplied, as well as English, Mathematics and Science are required subjects. Mechanic and Millwright- Minimum of grade 10- proof to be supplied, as well as English, Mathematics and Science are required subjects. If the Company determines that it requires an Apprentice, it shall post in accordance with article 17. Apprenticeship applicants will be required to pass a pre-apprenticeship exam. Qualifications for candidacy would be a passing grade of 75%. Applicants who meet the minimum requirements will be selected for apprenticeship opportunities based upon work performance and ability to learn. Where there are more applicants than vacant positions, the senior applicant will be given preference where his/her ability to learn and work performance are relatively equal to that of other applicants. Three periods of Ministry of Skills and Development Trade Courses as follow: First Period Second Period Third Period Mechanic 12 weeks 7 weeks 7 weeks Electrician 8 weeks 7 weeks 7 weeks Millwright 8 weeks 8 weeks 8 weeks * Note- Millwright trade courses may be one day per week for 30 weeks for 3 years or as directed by the Company and the Ministry. Ministry of Skills and Development registration fee must be paid by the applicant (Apprentice). Weekly pay, while at school will be paid by the Company. Week will be deducted off the Company's contribution but will be returned upon successful completion of the course. The Apprentice is required to provide proof of attendance at school to the Company. Absenteeism from the course will require the same proof as the Company absenteeism policy, i.e., Doctor's note. Apprentices will be able to utilize the S.L.C. Tuition refund policy for required courses. In the event that a journeyman position is not available upon completion of the Apprenticeship program, the Apprentice will return to his former classification. Rates of Pay and Required Hours of Program: An apprentice will be paid at no less than the Labourers' rate. The apprentice wage would then increase on a sliding scale until fully licensed status is achieved. There is to be 5 equal % incremental increases (4 for Millwrights) based on the plateau of work achieved. Page 20