Collective Agreement. between. and

Transcription

1 January 1, December 31, 2012 Collective Agreement between Holcim (Canada) Inc., Operating as Dufferin Aggregates and The Communications, Energy and Paperworkers Union of Canada, CLC and its Local 266

2 Page 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 COMM ITTEES ARTICLE 7- GRIEVANCE PROCEDURE ARTICLE 8 - ARBITRATION ARTICLE 9- DISCIPLINE ARTICLE 10 - HOURS OF WORK AND OVERTIME ARTICLE 11 - PAID HOLIDAYS... : ARTICLE 12 - VACATION ARTICLE 13 - SENIORITY ARTICLE 14 - WAGES ARTICLE 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 UND ERSTANDING - Union Dues LETTER OF UNDERSTANDING -Joint health & Safety Committee (JHSC) LETTER OF UNDERSTANDING -Recall to Pre-Production Work

3 ARTICLE 4- UNION SECURITY 4.01 The Company recognizes the Union dtjring the life of this Agreement as the sole and exclusive bargaining representative in them atters 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 This Agreement made June Between: Holcim (Canada) Inc., Operating as Dufferin Aggregates Hereinafter called the "Company" and The Communications, Energy and Paperworkers Union of Canada, C LC 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 harm ony, to recogn ize mutual interest, to provide a channel through w hich 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 cons is tent 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 Rei ations Board, viz: "This agreement shall apply to all employees of the Company at its quarry operati on known as Dufferin Quarry, Esques ing Township, save and except foremen, persons above the rank of foreman, and office s taft." 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 regulati ons covering the operation of the business and the conduct of employees are vested in the Company subject to the provisions of this Agreement.

4 In accordance with this understanding, the Company will compensate such employees for the time spent in hand I ing grievances of employees at their regular rate of pay, provided Page 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 I ine if there is danger to the employee's safety or Company equipment. ARTICLE 6 - UNION COMMITTEES 6.01 The Company agrees to recognize an,d deal with a Union Grievance Committee which shall consist of not more than two employees elected or appointed by the Union. T he 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 additi anal 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.

5 (a) 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. (b) 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 w ill exchange _all the information and concerns about the Page 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 them selves from their work to deal with grievances of employees without first obtaining perm iss ion 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 ad ministration 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 Coli ective Agreement, and who will be paid for hours lost from their regular hours of work up to a maximum of five negotiating meetings The Company undertakes that it will not object to a Union Representative, who has not been involved in the processing of a grievance, being the Union's nominee to a Board of Arbitration. ARTICLE 7 -GRIEVANCE PROCEDURE 7.01 (a) 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. (b) 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. (c) No complaint or grievances hall 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

6 construed as a practice for either party regardless of the frequency in which it is used The Chief Steward or his designate w ill 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. Page 6 (c) (d) grievance and the surrounding collateral issues. If mutually agreed the parties can adjourn this meeting and reconvene at am utually 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. If the Quarry Manager cannot meet w ithin 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 (a) If a satisfactory settlement of the grievance is not then reached, it may be dealt with by Arbitration, providing notice of request to submit the grievance to arbitration be given within ten (1 0) working days, or a time mutually agreed upon, after the receipt of the decision in Arbitration may be other than Article 8 of this agreement. (b) If within ten (1 0) working days, the Union or the Company has not advised the other party in writing of their intent to pursue a grievance to arbitration. the grievance w ill be considered settled or abandoned. (c) 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 complete the process of filing for arbitration for the purpose of selecting an arbitrator. (d) 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 filing 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. (f) Either party may pursue an application for expedited arbitration (OLRA s.49) as a means of resolving a grievance notwithstanding this article Voluntary Mediation (a) 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. (b) Should the parties not mutually agree to grievance Mediation, the Union or the Company must file for arbitration w ithin the time limits as setout in subsection 7.05 otherw ise the grievance will be considered settled or abandoned. (c) An agreement of the parties to make use of the Grievance Mediation process shall not be

7 9.02 (c) 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. Page For the above grievance procedure, the parties agree that a w orkweek 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 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 (1 0) working days from the date the alleged incident was brought to the attention of the Company. ARTICLE 8 -ARBITRATION 8.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement or when an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and, at the sam e time, nominate an arbitrator. Within five days thereafter the other party shall nominate an arbitrator The two arbitrators so nominated shall select by agreement a chairman of the Arbitration Board. If they are unable to agree upon a chairman within five days following the date of the appointment of the second arbitrator. they shall then request them inister of Labour for the Province of Ontario to appoint a chairman The Arbitration Board 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 The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority of such Board will be final and binding upon the parties hereto and the employees concerned Each of the parties hereto will bear the expense of the arbitrator appointed by it, and the parties will jointly bear the expenses of the chairman of the Arbitration Board. ARTICLE 9- DISCIPLINE 9.01 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 G rievance Procedure by: (a) Confirming the Company's action in dismissing the employee. (b) Reinstating the employee with full compensation, or for such period as may be considered equitable and just for time lost.

8 10.08 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 tow ark 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. Page 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. Hours scheduled before 7:00a.m. or after 5:00p.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 f rom 6:00a.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) All hours worked by an employee in excess of nine hours. (ii) 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.

9 The Company maintains the right to lim it the number of employees off on one day. Page A Meal Allowance of ten ($10.00) 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. 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 ~ecognition 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.

10 12.04 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 Page 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 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. T he 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 30.

11 (a) Voluntarily leaves the employ of the Company. (b) Is discharged and not reinstated through the gr ievance procedure. (c) Is laid off and not recalled within twenty-four months. (d) 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. Page 11 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 (1 0) 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 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-hire 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 I ist. 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 An Employee shall lose his seniority if he:

12 Page 12 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 su fficient 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 circum stances, 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 sow ithin 14 days of the posting of the successful applicant 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 bum ping" (bumping between production and trades) would not occur during temporary or short term layoffs. Cross bumping would only be permitted by qualified tradesmen 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 lay off to discuss layoff related issues Employees will be provided with five (5) working days notice of an extension to their lay off date. ARTICLE 14 - WAGES The Company agrees to pay and the I,.Jnion agrees to accept for the term of this Agreement the following wage rates: Effective January 1, 2010: Effective January 1, 2011 : Effective January 1, 2012: Increase all classifications 2% Increase all classifications 2% Increase all classifications 2%

13 (a) 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: If the rate of pay for the job to which he is tern porarily transferred is less than the employee's regular rate, he shall be paid his regular rate. Page 13 W~g_e.Rates Group Classification Previous 1-Jan Jan 11 1.Jan-12 Group 1 Labourer Group 2 Truck Driver Parts man Road Maintenance Group 3 Bin Attendant 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 Group 10 Licensed Electrician Licensed Mechanic Licensed Millwright Licensed Welder Licensed Lead Hand* If and when the Primary and Secondary are combined, wage rate at group 9 to be paid. In the event that the positions of Blaster, Blaster's Helper or Driller are reintroduced to the bargaining unit they will fall within Group 2 for Blaster's Helper and Group 6 for Blaster, and Driller. A Shift Premium of $1.05 per hour will be paid to employees who work an afternoon or a night shift.

14 15.02 The Company agrees to grant ten day s unpaid leave to the President of Local 266 to attend other Local 266 negotiati ons 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 Page 14 (b) 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. (c) 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. (d) 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 circum stances 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 occupati anal classification while the employee's occupational classification is in operation, unless the employee so agrees. 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 executi ves that are acting on behalf of the Union; not more than two (2) delegates or Union executives will be absent at any one time.

15 (b) Employees that bid successfully on a job posting and after successfully completing the twenty one (21) days worked day trial period, shall on I y be eligible to apply on one subsequent job posting within a period of six (6) months. Page 15 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 (LTD), 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. Applications will not be accepted from probationary employees if there are other qualified applicants (a) 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 busi ness 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.

16 ARTICLE 21- BENEFITS PLAN Employees are eligible to join the Group Insurance PI an 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. Page 16 (c) If the Company removes an employee from their position during the twenty-one (21) days worked trial period, that employee wilt 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 norm ally 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. 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.

17 22.02 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. Page 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 PI an booklet that reflects the level of benefits agreed to during this Agreement An employee on layoff shall continue Group Insurance plan coverage (exclusi ve 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/parentalleave shall continue Group lnsuran ce 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. The Company agrees to provide a pool of coveralls to be distributed to employees who would norm ally 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 1 51 of each year of this Agreement.

18 to remain as members of The Retirement PI an for Hourly-Paid Employees of the Dufferin Divisions of Holcim (Canada) Inc. DEFINED BENEFIT PENSION PLAN Page 18 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 tom aintain a cooperative approach in an effort to reduce the number of grievan.ces.,. 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 Employees participating in the Company Pension Plan are eligible to receive benefits, subject to the terms and provisions of the Plan, amended as follows: Effective January 1, 2010 earnings used for pension benefit calculation will be Effective January 1, 2011 earnings used for pension benefit calculation will be Effective January 1, 2012 earnings used for pension benefit calculation will be Earnings for the purpose of article are as described and calculated by the adjustment factor in letter of intent #1 when a Monday to Thursday production shift is in effect. Effective December 31, 1997, a member eligible for early retirement who retires from active service shall receive an annual pension without reduction if the member's age not being less than 60, and continuous service total 90 or more ("rule of 90"). All amendments are subject to approval by the Board of Directors. A. DEFINITIONS "RPP Participants': shall mean all other employees, who after June 1, 1995, were either required to remain as members of The Retirement PI an for Hourly-Paid Employees of the Dufferin Divisions of Holcim (Canada) Inc. or who otherwise elected prior to June

19 Page 19 Employees participating in The Retirement PI an for Hourly-Paid Employees of the Dufferin Divisions of St. Lawrence Cement are eligible to receive benefits, subject to the terms and conditions of the Defined Benefit Pension Plan. HCA GROUP RRSP 1.0 PLAN MEMBERSHIP Participation in the HCA group RRSP is compulsory for all new employees once they complete their probationary period. 2.0 BASIC EMPLOYEE AND COMPANY CONTRIBUTIONS The Company will contribute 4% of base pay and the employee will contribute 3% of base pay, for all hours worked at straight time up to a maximum of 45 hours per week, unless otherwise adjusted by a pension factor. 3.0 VOLUNTARY EMPLOYEE CONTRIBUTIONS In addition to basic contributions, employees will be allowed on a voluntary basis to further contribute to their RRSP up to the maximum permitted by Revenue Canada, without additional contributions by the Company. Employees are responsible for enforcing their maximum. 4.0 CHOICE OF FUND Company and employee contributions will be made to the HCA Group RRSP. The Company will select the manager(s) of the fund as well as which funds are available as investment choices. The Company pledges to make payroll deductions and to transfer contributions to the selected financial institution on a weekly basis. 5.0 CHANGES OF INVESTMENT Employees will be allowed to modify their investment choices a minimum of two (2) times per year. Subsequent changes to an employees investment choices can occur as often as administratively available with the record keeper. 6.0 CONTRIBUTIONS WITHDRAWALS Basic employee contributions may be withdrawn once a year, to a maximum of 100% of the account, with no penalty in Company contributions. Withdrawals of voluntary employee contributions will also be allowed once a year, with no penalty in Company contributions. Finally, employees will not be allowed to withdraw Company contributions during their employment. 7.0 ADMINISTRATION AND FEES The Company is responsible for the administration of the HCA Group RRS P; administration and custody fees will be paid by the Company and investment fees will be paid directly through the employee's basic contribution account. Each employee will receive a statement of participation to the HCA Group RRS P on a quarterly basis. Note: Administration and custody fees are taxable benefits for employees. 8.0 UNPAID ABSENCES FROM WORK During unpaid absences from work (weekly indemnity, long term disability, WSIB, maternity leave, parental leave, leave of absence, temporary layoff), Company and employee contributions cease until the return to work. For absences where the employee is on WSIB, the employee can maintain his participation in the plan for 12 months, providing he continues to make the basic employee contributions. For absences where the employee is on maternity and parental leave (Mother), the employee can maintain her participation in the plan for 35 weeks, providing she continues to make the basic C.

20 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, 2012, 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 am end or terminate this Agreement. Page 20 employee contributions. For absences where the employee is on parental leave (father), the employee can maintain his participation in the plan for 18 weeks, providing he continues to make the basic employee contributions. 9.0 TERMINATION, RETIREMENT, & DEATH IN ACTIVE SERVICE In the event of termination of employment, employees will transfer or withdraw all contributions, provided continuous membership in the plan for at least two years. For employees with less than two years continuous membership in the plan, only basic and voluntary employee contributions will be withdrawn or transferred 9.1 In the event of retirement, employees will transfer or withdraw all contributions. 9.2 Finally, in the event of death in active service, beneficiaries will transfer or withdraw all contributions. UNION MANAGED GROUP RRSP AND REGULAR SAVINGS PLAN For the period commencing January 1, 1998 and thereafter for the duration of this agreement, the Company shall contribute to a group RRSP ("UNION MANAGED GROUP RRSP") amounts as per schedule X for all hours worked in respect of all RPP participants and RRSP/DPSP Participants. In order to abide by the rules set out by Revenue Canada for retirement savings, if at any point during this agreement, the combination of pension/savings plan causes an employee's Pension Adjustment (as defined by Revenue Canada) to exceed the regulated m aximum, the Company contribution will be directed to a Regular Savings Plan, to be set up and operated in the same manner as the Union Managed Group R RSP. Also, when the Company contribution is directed towards the Regular Savings Plan, contributions will be made after income tax and all other applicable deductions have been taken. 1.0 CHOICE OF RRSP FUNDS Company contributions will be made to the Union Managed Group RRS P and Regular Savings Plan, where applicable, that the Union will set up itself. The Company pledges to make payroll deductions and to transfer additional Company contributions on a monthly basis to one financial institution. 2.0 ADMINISTRATION AND FEES 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. 3.0 UNPAID ABSENCES FROM WORK During unpaid absences from work (weekly indemnity, long term disability, WSIB, maternity leave, parental leave, leave of absence, temporary layoff). Company and employee contributions cease until the employee returns to work. SCHEDULE "X" RE : UNION MANAGED GROUP RRSP The Company will contribute 6.5% of total earnings. T otal earnings w ill include regular pay, overtime pay, holiday pay and vacation pay. D.

21 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 rote. Apprentices will be able to utilize the S.L.C. Tuition refund policy for required courses. Page Negotiations shall begin within fifteen days following notification of amendment If. pursuant to such negotiations, an agreem ent 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. 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 ex am. Qualifications for candidacy would be a passing grade of 75%. Applicants who meet the minimum requirements will be selected for apprenticeship opportunities based upon w ark 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.

22 Relocation and/or Termination :. If the Apprentice is unsuccessful in the program and was transferred from the existing bargaining unit classifications, he/she will be re-assigned a Labourers posit ion at Labourers rate until sue h time that he/she successfully posts to a new position. Page 22 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. Of Trade Rate Mechanic Electrician Millwright 55% % % % % Total Hours Hours are calculated on regular working hours and hours attended at school only (no overtime included). Hours missed by Apprentices during school term will be deducted from their pay. Each Apprentices' performance will be reviewed at the end of each trade year by the Quarry Manager, hiss upervisor. as well as the Union Steward. The assessment of each Apprentice will be taken from school reports along with his work record within the Quarry. If assessment is positive, the Apprentice will continue on to the next trade year. If assessment is negative, the Apprenticeship will be discontinued. Termination of the Apprenticeship may be made at any time by the Company, Ministry or the Apprentice. Journeyman Status: Journeyman Status is obtained only when the following requirements have been totally met: Successful completion of Ministry approved training. Successful completion of the required hours. A positive assessment throughout the program. Change of pay rate from Apprentice to Journeyman will be paid upon proof of satisfactory completion of the Trade Certificate examination. On completion of Apprentice and sc hoof hours, the Apprentice m ust take his certificate of qualification examination within three (3) months. Failure to take this examination will result in termination of the Apprenticeship. If the Apprentice fails his first trade examination, he will be allowed to rewrite the examination within ninety (90) days following the first examination. If the Apprentice fails the second (2) examination, the Apprenticeship will be terminated.

23 Holcim (Canada) Inc. Operating as D ufferin Aggregates Page 23 The Communications, Energy and Paperworkers Union of Canada CLC If the Apprentice is unsuccessful in the program and was hired from outside the Company, he/she will be laid off if no other suitable work is available. The Company will have the right to transfer or terminate employment of any Apprentice for such causes as: inability to learn improper conduct unreliability violation of any other Company policies ARTICLE 27 - HEALTH & SAFETY The Company agrees to comply with The Occupational Health and Safety Act and Regulations for Mines and Mining Plants. Safety is a responsibility that must be shared by all employees however, the primary responsibility for safety rests with the Company The Company and the Union agree that they shall maintain a Joint Health and Safety Committee composed of up to four employees representing the Union and two employees representing the Company. This committee will be bound to investigate all incidents and accidents for the purposes of identifying causes which will result in suggestions and recommendations to the Company. The Joint Health & Safety Committee will, over the course of the current collective agreement. provide recommendations to the Company to update the employee Health & Safety Guidebook The Company will contribute $200.00, tax exempt, per year as a Safety Allowance towards the purchase of appropriate safety footwear for all seniority employees. The payment will be included in wages paid on the pay period following July 1 st of each year of this Agreement The Company shall ensure that properly fitted protective equipment, provided at no cost, is well maintained and used as prescribed. ARTICLE 28 -TRAINING The Company agrees to allot a maximum of twenty (20) man days per year at nine (9) hours per day for training. The Union agrees to provide four (4) weeks notice prior to the scheduled training in addition to reviewing the course content with the Quarry Manager or his designate. The Quarry Manager or his designate must approve of the training being contemplated by the Union. Employees are considered to be at work while attending the training session. IN WITNESS WHEREOF each of the parties hereto have caused this Agreement to be signed by its duly authorized representatives as of the day and year first above written.

24 Page 24 I IN WITNESS WHEREOF each of the parties hereto have caused this Agreement to be signed by its duly authorized representatives as of the day and year first above written. Holcim (Canada) Inc. Operating as Dufferin Aggregates The Communications, Energy and Paperworkers Union of Canada CLC

25 Page 25 LETTER OF INTENT #1 The Company agrees to honor all rights and privileges of the existing agreement for the new employees who are hired to fill the maintenance shift. Hours of Work: Article 10 & 11 The scheduled hours of work for the two production shifts will be from Monday through to Thursday inclusive, for an eleven hour shift respectively. The Maintenance shift will be a single day shift of ten hours from Friday through to Sunday, inclusive. The hours of work for Yard Loaders shall continue to be nine hours at straight time rates from Monday to Friday. Any other hours of work will be at the existing contracts rates of pay. All non-worked statutory holidays will continue to be paid as a nine (9) hour work day Pension Plan: Article 24 An adjustment factor to enable employees to maxi mize their contributions to their respective pension plans (RRSP/DPSP/Company Pension Plan) to a 45 hour maximum, will be implemented by the Company as follows: Production Shifts: Adjustment factor= All hours (Regular and Overtime) worked up to a daily maximum of 9 and a weekly maximum of 36 to be multiplied by a factor of 1.25 Maintenance Shift/Weekend Shift: Adjustment Factor = All hours (Regular and Over time) worked up to a daily maximum of 10 and a weekly maximum of 30 to be multiplied by a factor of 1.50 Five (5) Day Workweek: Adjustment Factor= All hours (Regular and Overtime) worked up to a daily maximum of 9 and a weekly maxi mum of 45 (no factor applied). Health and Safety: Article 27 In the event that a worker feels that his or a fellow worker's safety is at risk due to fatigue, the worker will notify the immediate supervisor and the supervisor will then make arrangem ents for and exchange of duties between the fatigued worker and a replacement worker forthwith. Termination of Shift Schedule and This Letter of Intent This can be achieved any time that is mutually acceptable to both parties (the Company and the Union), or either party can serve the other with a written 180 day notice after the 15 1 h of July, 1996.

26 Page 26 LETTER OF INTENT #2 WSIB Benefit Assistance The Company agrees, where practicable, to provide assistance to employees when they are required to complete forms to be presented to the WSIB. WSIB Advance: A) For an employee who is absent from work for more than one week following an accident which gives him the right to receive WSIB indemnities (the accidenvevent must not be contested), the Company will pay an advance equal to sixty-five percent (65%) of the daily regular base pay for each working day that the employee was scheduled to work until the first WSIB payment. In case of refusal of the claim by the WSIB, payments will stop at that time. B) In return, the employee and the Company will sign an agreement to ensure that the employee will reimburse the advance payment to the Company. The Chief Steward or his designate, will be afforded reasonable time away from their regular duties, when required, so that they may fulfill their obligations with respect to accommodation issues. To be attached to the current collective agreement in effect until the day of December 2012.

27 9. The Company will endeavor to utilize employees to perform overtime work within their classification prior to utilizing outside contractors. Page 27 LETTER OF INTENT #3 Overtime Guidelines The purpose of this Letter of Intent is to provide guide! ines as to the administration of overtime. 1. The Company agrees to post an overtime list(s) in which employees will be given the opportunity to sign up for overtime opportunities that might arise in the following week. It is understood that the Employer has the sole right to determine what work is to be performed and that the Union members have first claim to the work that the Em player predetermines. 2. An employee who is willing and able and signed up on the overtime list, will be asked first for overtime in his classification. If two employees are signed up for overtime in the same classification, the employee with the least amount of "in class" overtime will be given the overtime. An employee must sign up for in class overtime to be eligible for out of class overtime and if overtime is available in their classification, they will be required to work in class first. Should an employee decline an overtime opportunity that he/she has signed up for, refusal hours w ill be calculated as having declined double the overtime hours offered. The overtime list will be posted on them onday and removed at the end of the Wednesday night shift. This overtime list will be for the available work week that would be Thursday to the following Wednesday inclusive. 3. If a position cannot be filled by any person "in class" on the overtime list, then a qualified employee with the least amount of "out of class" overtime, who is willing and able, is assigned the overtime opportunity. In the event that two or more qualified employees have the same amount of "out of class" overtime, the senior employee, willing and able, will be given the overtime opportunity. 4. The Company agrees to provide a copy of the overtime sheet(s), referred to in (1) above, upon request, to the Union Steward. 5. The Company Agrees to post the overtime hours on a weekly basis so that employees can verify that the overtime hours on the sheets are correct. This list will be used exclusively for the purposes of calculating and determining the following weeks overtime opportunities (i.e. accrual of any overtime throughout the course of the week will not be used for the purpose of determining overtime opportunities in that same week). 6. Overtime for the purposes in #5 will be any hours worked beyond the regularly scheduled hours as well as overtime hours declined by the employee when signed up and asked to work. 7. It is the employee's responsibility to review the overtime sheets referred to in #5 above on a weekly basis to ensure that the reports are accurate. Any errors detected on the overtime sheets by the employee must be reported immediately. 8. Where practicable, the Company will review weekend overtime assignments, including outside contractors, prior to thew eek~nd, with the Union in an effort to reduce the number of overtime related grievances.