DUFFERIN CONCRETE "Peterborough & Welcome Plants" (hereinafter called the "Employer") - and -

Transcription

1 Dufferin Concrete DUFFERIN CONCRETE "Peterborough & Welcome Plants" (hereinafter called the "Employer") OF THE FIRST PART - and - TEAMSTERS LOCAL UNION NO. 230, Affiliated with the International Brotherhood of Teamsters (hereinafter called the "Union") OF THE SECOND PART TEAMSTERS LOCAL UNION 230

2 TABLE OF CONTENTS ARTICLE 1- INTENT AND PURPOSE... 3 ARTICLE 2- MANAGEMENT RIGHTS... 3 ARTICLE 3 - UNION RECOGNITION... 4 ARTICLE 4 LOCKOUT & STRIKES... 6 ARTICLE 5 - DISPUTE RESOLUTION... 6 ARTICLE 6 ARBITRATION... 7 ARTICLE 7 SENIORITY... 7 ARTICLE 8 WAGES... 9 ARTICLE 9 - DAILY CALL-IN & BREAKS... 9 ARTICLE 10-0VERTIME & SPECIAL PAYS ARTICLE 11 - STATUTORY HOLIDAYS ARTICLE 12 VACATION ARTICLE 13 - BENEFITS & PENSION ARTICLE 14 - LEAVE OF ABSENCE ARTICLE 15- GENERAL PROVISIONS ARTICLE 16 - TERM OF AGREEMENT APP EN DIX II A" LETTER OF UNDERSTANDING PLANT CLOSURE LETTER OF UNDERSTANDING EXCESS HOURS OF WORK LETTER OF UNDERSTANDING DEFINED CONTRIBUTION PENSION PLAN LETTER OF UNDERSTANDING RRSP PROGRAM Collective Agreement - Peterborough & Welcome Page2

3 THIS AGREEMENT made and entered into this 26 1 h day of April, 2017 BETWEEN: DUFFERIN CONCRETE A Division of CRH Canada Group Inc Hereinafter called "the Employer" OF THE FIRST PART - and - TEAMSTERS LOCAL UNION 230 Affiliated With The International Brotherhood Of Teamsters Hereinafter called "the Union" OF THE SECOND PART ARTICLE 1 - INTENT AND PURPOSE 1.01 It is the purpose of this agreement to promote efficiency and service and the co-operation and harmonious relations between the Employer and the Union and those employees who are covered by this agreement, and to set forth the basic agreement covering rates of pay, hours of work, dispute procedures and conditions of employment for such employees References to the male gender will include the female gender unless the context otherwise requires. ARTICLE 2 - MANAGEMENT RIGHTS 2.01 Management Rights The Union recognizes that the Employer has the exclusive right to manage the business and to exercise all the customary prerogatives of management subject to the terms of this Agreement. Nothing contained in this agreement shall be deemed to obligate the Employer to continue to operate any of its plants or properties or any part thereof. Without limiting the generality of the foregoing paragraph the Employer has the exclusive rights to: (a) To conduct its business in all respects in accordance with its commitments and responsibilities, including the right to manage the jobs, locate, extend, curtail or cease operations, to determine the number of men required at any or all operations, to determine the kinds of locations of machines, tools and equipment to be used and the schedules of production, to judge the qualifications of the employees and to maintain order, discipline and efficiency; Collective Agreement - Peterborough & Welcome Page 3

4 (b) (c) (d) To hire, discharge, classify, transfer, promote, demote, lay off, suspend or otherwise discipline employees, provided that a claim by an employee that he has been discharged, suspended, disciplined or disciplinary demoted without just cause shall be subject to the provisions of the Grievance Procedure; To make, alter from time to time, and enforce reasonable rules of conduct and procedure to be observed by the employees, provided they are communicated to the Union in order that the Union may protest if it believes they are inconsistent with the provisions of this Agreement; It is agreed that these functions shall not be exercised in a manner inconsistent with the express provisions of this Agreement. ARTICLE 3 - UNION RECOGNITION 3.01 Union Certification The Employer recognizes the Union as the exclusive bargaining agent of all employees of the Employer at the Peterborough and Welcome ready-mix plants, save and except foreman and persons above the rank of Foreman, office and sales staff. The Employer agrees not to enter into any agreement or contract with its employees as described in preceding paragraph, individually or collectively, which in any way conflicts with the terms and conditions of this Agreement Union Co-operation The Union agrees to uphold the rules and regulations of the Employer in regard to punctual and steady attendance, proper and sufficient notice in case of necessary absence, conduct on the job, and all other reasonable rules and regulations established by the Employer and not conflicting with this Agreement. The Union agrees to co-operate with the Employer in maintaining and improving safe working conditions and practices; in improving the cleanliness and good housekeeping of the premises, machinery and equipment and in upholding the laws in reference to driving. The Union recognizes the need for improved methods and output in the interests of the employees and the business and agrees to co-operate with the Employer in the installation of such methods, and in the education of its members in the necessity of such changes and improvements. The Union recognizes the need for conservation and the elimination of waste, and agrees to cooperate with the Employer in suggesting and practicing methods in the interest of conservation and waste elimination. Collective Agreement - Peterborough & Welcome Page4

5 3.03 Union Security The Employer agrees that all employees covered by this Agreement except probationary employees shall, as a condition of employment, become and remain members of the Union in good standing. The Employer agrees new employees shall sign a Union membership application form and a Union dues and initiation fee deduction form on the date of hire. Such forms shall be supplied by the Union. The Employer will forward these forms to the Union with the monthly remittance of Union dues Union Dues The Employer agrees to deduct regular monthly union dues from the first pay due for each month they work or portion thereof and will remit the monies so deducted to the union office on or before the fifteen (15th) day of the following month. The Employer further agrees, on receipt of proper authorization, to deduct and remit the Union initiation fee in two equal weekly installments within thirty (30) calendar days immediately following the completion of an employee's probationary period. If an employee is absent and does not have sufficient pay his Union dues shall accumulate and shall be deducted upon his return to work. The Union agrees to save harmless and to indemnify the employer with respect to any claim made against the employer by any employee, group of employees, or the union, arising out of the operation of Article Union Stewards The Union shall have the right to appoint or elect a steward at each plant and an alternate when the regular steward is not available to assist employees in presenting their grievances to the Employer and supervise the administration of this Agreement. The designated steward will have top seniority in his yard for the purpose of Article 9.01 a, 9.01 b, layoff, Article and recall. The alternate steward will become the designated steward and have top seniority in the yard for the purpose of daily call-in on the first working day following an absence of the regular steward due to vacation or extended illness/injury of more than one ( 1) working day. The regular steward will return as the designated steward for the yard upon his return to work Steward Duties It is understood that a steward's duties shall in no way conflict with his duties to the Employer, and he shall be held responsible for the same quantity and quality of work as other employees. The Employer shall not require a steward to settle grievances during working hours without pay Bulletin Boards Collective Agreement - Peterborough & Welcome Page 5

6 The Employer agrees to permit posting of any notices of Union meetings or functions on a bulletin board conspicuously placed and provided for that purpose. ARTICLE 4 - LOCKOUTS & STRIKES 4.01 No Work Stoppages The Employer shall not direct a lockout of employees during the term of this agreement and neither the Union nor any representative of the Union nor any employee shall in any way authorize, encourage or participate in any strike during the term of this agreement Definitions The words "strike" and "lockout" as defined in this Agreement shall mean "strike" and "lockout" as defined in the Ontario Labour Relations Act Picket Lines Should any employee encounter a picket line, they shall have an obligation to continue to work and cross the picket line, unless there is a serious risk to their health and safety. ARTICLE 5 - DISPUTE RESOLUTION 5.01 Grievance Procedure No complaint or grievance may be submitted or considered under the grievance procedures unless it has been presented to the Employer in writing by the Union and signed by the employee within five (5) working days from the time of the occurrence of the incident giving rise to the grievance. Step 1 The employee and immediate supervisor will meet to discuss the grievance and seek to find a resolution. The employee may request a union representative to be present at such meeting. The Employer shall provide a response to the grievance within ten (10) working days following the meeting. Failing satisfactory settlement at Step 1, the Union may advance the grievance to Step 2 of the grievance procedure, provided they submit the grievance in writing to the Employer within five (5) working days of the date of Employer's Step 1 response, otherwise the grievance will be deemed abandoned by the Union. Step 2 The employee, immediate supervisor and/or manager will meet to discuss the grievance and seek to find a resolution. The employee may request a union representative to be present at such meeting. The Employer shall provide a response to the grievance within ten (10) working days following the meeting. Failing satisfactory settlement at Step 2, the Union may advance the grievance procedure to arbitration, provided they submit the grievance in writing to the Employer within ten (10) working Collective Agreement - Peterborough & Welcome Page6

7 days of the date of Employer's Step 2 response, otherwise the grievance will be deemed abandoned by the Union Dismissal, Suspension and Group Grievances Grievances involving dismissal, suspension or layoff of an employee and grievances of a general or group nature may be submitted at Step 2 of the grievance procedure, provided they are submitted as per article ARTICLE 6 - ARBITRATION 6.01 No matter may be submitted to arbitration which has not been properly carried through the proper steps of the Grievance Procedure A grievance (which has not been accepted, settled, withdrawn or abandoned) may be referred to arbitration under this Article provided the party requiring arbitration serve the other party with written notice within five (5) working days after receiving the decision given at Step 2 of the grievance procedure The parties will agree to the use of a sole Arbitrator and proceed in an expeditious manner. If they are unable to agree on the selection of an Arbitrator either party may request the Ministry of Labour to appoint an impartial Arbitrator 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 have the power to alter, amend, modify, delete, or add to any provisions of this Agreement or to substitute any new provisions for any existing provisions nor give any decision inconsistent with the terms and provisions of this Agreement The parties may agree to the use of an arbitration board. This agreement will be in writing and either party will name their nominee to the arbitration board and both nominees will select an agreeable arbitrator Each of the parties hereto will equally bear the expenses of the arbitrator. If an arbitration board as described in Article 6.05 is used, each of the parties will bear the expense of the arbitrator that it appointed. ARTICLE 7 - SENIORITY 7.01 Probationary Employees Seniority shall be established after a probationary period of ninety (90) calendar days. After the probationary period is successfully completed, seniority shall date back to the day on which employment began. During such probationary period, the employee shall not have recourse to the grievance procedure Seniority Lists The Employer will provide the Union a seniority list upon request. Collective Agreement - Peterborough & Welcome Page 7

8 7.03 Layoff, Recall & Job Postings Layoffs, recalls and job postings shall be based on the following factors: (a) (b) Seniority within the classification Qualifications Where in the judgment of the Employer qualifications are relatively equal as between two or more employees, seniority shall govern Job Postings The Employer will post all vacancies on the bulletin board for a period of ten (10) working days. Employees shall express their interest by completing an application form provided by the Employer. The Employer will post the name of the successful applicant Maintenance of Seniority Seniority will not be broken due to absence from employment due to illness, accident or approved leave. An employee shall lose his seniority and be deemed terminated if he: a) Voluntarily quits the employ of the Employer; b) Is discharged and not reinstated through the grievance procedure; c) is laid off for a period of twenty-four (24) months from the date of lay-off; d) Is on layoff and fails to return to work within eight (8) calendar days after he has been notified by the Employer by registered mail to employee's last recorded address, or if he fails to advise the Employer of a legitimate reason for delay in return to work within the same notice period; e) If a recalled employee is not immediately available, the Employer may recall a more junior employee as a replacement, subject to his displacement by the more senior employee if he reports to work within the notice period as per 7.05 (d); f) It shall be the employee's responsibility to advise the Employer of his address and telephone number and any changes which may occur Recall of Junior Employee An employee who is notified to return to work as per 7.05 (d) and is not immediately available may be passed over and a more junior employee recalled instead, subject to displacement by the more senior employee when he does report for work, provided such senior employee returns to work within eight (8) calendar days after he has been notified by the Employer by registered mail Transfers Collective Agreement - Peterborough & Welcome Page 8

9 When an employee is transferred permanently from one classification to another, his seniority will also be transferred. In the event an employee is laid off in his classification due to reduction of business or he previously worked and had been classified in another job, he shall be eligible to return to the job in which he had been classified on the same basis of his accumulated seniority, combined with qualifications, skill, and ability, and the newer employee in service shall be laid off. The employee so transferred shall be paid the prevailing rate of pay for his new classification. If an employee is transferred out of the bargaining unit, he shall retain the seniority he accumulated while in the bargaining unit. If such appointment is for a period of one ( 1) year or more, the employee on return to the bargaining unit, shall count the seniority he had accumulated while in the bargaining unit, plus one year's seniority while outside the unit. If the transfer is less than a year, the employee shall count only the time in the bargaining unit plus the period outside the unit. When an employee permanently transfers into a plant covered by this collective agreement, he/she will be placed on the vacation pay table contained in Article using the years of service they have accrued with the company up to the date of their transfer. ARTICLE 8 - WAGES 8.01 Wage Rates Wage rates applicable to various job classifications are set forth in Appendix "A" New Classifications New classifications may be established by mutual agreement between the Employer and the Union during the term of this Agreement, and the rates for same shall be subject to negotiations between the Employer and Union. If the parties are unable to reach agreement, the dispute will be settled as per the grievance procedures Trade Apprenticeships Apprentice hourly wage rates shall follow the guidelines set out by the Ministry of Skills & Development. In the event of a reduction of the workforce, apprentices shall be laid off in accordance with their apprentice seniority within the group of apprentices within their trade Direct Deposit Pay shall be direct-deposited into employees' bank accounts no later than Thursday by each Employer in accordance with its pay practice. ARTICLE 9 - DAILY CALL-IN & BREAKS 9.01 Daily Call-in Procedure Employees shall be called in the order of their plant seniority within their classification. Collective Agreement - Peterborough & Welcome Page 9

10 A senior man will have the option to go home before a junior man during the balance of a work shift, except however, if this is to add additional OT cost to the company or where a junior man and a senior man are in the yard or at the plant at the same time and both are available for work, the senior man shall not be sent home before a junior man until he has had seven (7) hours worked that day. A senior man will not be sent home before a junior man unless he has worked seven (7) hours that day and they are in the yard at the same time. A senior employee shall not receive fewer hours of work than a junior employee in the same classification and the same yard, in any four-week period, commencing with the pay period beginning January 1 in of each year Work Breaks Employees will be allowed one coffee break of ten ( 10) minutes in each half of the working shift. Employees may take a one-half (~) hour unpaid lunch break at a time designated by the Employer between the fourth hour and sixth hour worked. Such breaks will not interfere with the work process and may be scheduled by the Employer Meetings and Training Employees reporting for the purpose of operations or safety meetings will be paid at their basic non-overtime hourly rate. Meetings will be held at the beginning of the shift. In such cases, the provisions of Article 9 and Article 10 will not apply. ARTICLE 10-0VERTIME & SPECIAL PAYS Time and One-half Overtime Time and one-half the basic rate will be paid for all hours worked in excess of eight and-one-half (8 ~)hours per day, Monday through Friday and all hours worked on a Saturday until 9:00 p.m Double Time Overtime Double the basic rate will be paid for all hours worked after 9:00 p.m. Monday through Saturday and all hours on Sunday Distribution of Overtime Saturday, Sunday and Holiday work will be distributed by scheduling three (3) employees on a rotating basis, from the top through to the bottom of the seniority list. Failure to secure enough employees to work on a Saturday, Sunday or Holiday the company will ask for volunteers from the group of employees not scheduled to work on the weekend. Any remaining employees required by the company will then be assigned using inverse order of seniority. In the event there is Sunday and/or Holiday work available on the same weekend that coincides with a weekend where Saturday work is available, employees on the schedule for that weekend must choose which day they prefer to work. Collective Agreement - Peterborough & Welcome Page 10

11 10.04 Reporting Pay An employee who reports for work as scheduled shall receive a minimum of four (4) hours pay at the appropriate rate for all hours actually worked and his basic rate for any remaining hours short of the four hours. If his regular work is not available he may be assigned to any duties that are available for these hours Night Shift An employee assigned to a night shift between the hours of 4 p.m. and midnight will receive a night shift premium of forty-five cents ($0.45) per hour for all hours worked during the shift. A night shift on a Friday may continue up to 9:00 a.m. on Saturday at straight time rate Coveralls The Employer shall pay the full cost of renting and cleaning coveralls; however, the coveralls shall remain the sole responsibility of the employee Safety Boots The Employer agrees to pay each actively working employee a tax exempt allowance in the amount of $ per calendar year for safety boots. The payment will be included in the pay period following July 1st of each year of this Agreement. Employees are required to wear CSA approved minimum 8 inch safety boots and maintain in suitable condition at all times. For clarity, employees on layoff or long-term disability as of July 1st will not receive the safety boot allowance. Over the next year the company will implement a voucher system with a safety boot provider to allow for better purchase deals for the employee. The company will advise the union of any changes to the safety boot program from the current practice prior to implementation Weekly Guarantee It is agreed that in the event of lack of work or in slack periods, the Employer shall reduce the working force in conformity with the seniority provisions governing layoffs by whatever extent may be deemed necessary. All working employees will be eligible for the Weekly Guarantee equivalent to the Employment Insurance (El) maximum; less applicable withholding taxes. For the purpose of calculating the Weekly Guarantee, a week will be defined as Monday to Saturday. Employees absenting themselves for any reason, other than disciplinary suspension shall forfeit the weekly guarantee as follows. One day of absence reduces the guarantee by 1/6 1 h Employees will be scheduled to commence their dayshift no later than 12:00 noon. Employees called later than 10:00 a.m. and who are not available for work that day shall not be disqualified from any pay under this article. Paid holidays may be used in the computation of the Weekly Minimum for the weekly pay period in which the holiday falls. Collective Agreement - Peterborough & Welcome Page 11

12 ARTICLE 11-STATUTORY HOLIDAYS Statutory Holidays Defined The following Statutory Holidays, regardless of the day on which they fall, will be granted to all employees. New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Boxing Day Christmas Day Pay for Statutory Holiday Employees not working on a Statutory Holiday shall receive eight and-one-half (8 Yii) hours pay at their basic rate of pay. All work performed on a Statutory Holiday shall be compensated at double the basic rate of pay in addition to the holiday pay Qualify for Statutory Holiday An employee will be paid for the above holiday, if he has worked within sixteen (16) calendar days prior to the holiday. However, he shall forfeit pay for the above holidays if he has been absent without permission on the working day before the holiday or the working day after the holiday Statutory Holiday While on Vacation If a paid holiday falls within an employee's vacation period he shall be granted another day with pay or a day's pay in lieu thereof. The option shall rest with the Employer, and the employee shall be advised of the decision prior to going on his vacation Statutory Holiday's Falling on Saturday or Sunday In the event a Paid Holiday, as described in Article 11.01, falls on a Saturday or Sunday, the Employer may designate the preceding Friday or the following Monday as the Paid Holiday and advise employees. Should an employee work one or more of these designated days, he shall be paid at double the basic rate of pay for all hours worked. The Weekly Guarantee will be reduced by 1/6 for each designated day in the week it occurs. The paid holiday above shall be aid in the work week in which it falls. ARTICLE 12 - VACATIONS Vacation Pay Employees will receive vacation pay on the pay period following the twelve month period of July 1st to June 30th. Vacation pay will be a percentage of employee's gross earnings as per entitlement under Article An employee who is dismissed or quits will receive outstanding vacation pay on their final pay. Collective Agreement - Peterborough & Welcome Page 12

13 12.02 Vacation Entitlement Years of Service from Date of Hire Vacation Pay Time-Off Less than 1 year 4% n/a 1 year and less than 5 years 4% 2 Weeks 5 years and less than 10 years 6% 3 Weeks 10 years and less than 20 years 8% 4 Weeks 20 years, and less than 25 years 9% 4Weeks 25 plus years 11% 6Weeks An employee who has established one (1) year's seniority shall be entitled to two (2) week's vacation. Employees with five (5) years or more seniority wishing to take additional time off for vacation, shall request same in writing, the Employer's approval shall not be unreasonably withheld, providing sufficient personnel are available to meet their business requirements. Employees who have been laid off for a period of one month or more may not be required to take vacation time off Vacation Scheduling The Employer agrees to post a form on the Bulletin Board by March 1st and remove the same on May 1st of each year. During this period each eligible employee shall indicate the vacation period he wishes in accordance with his seniority. The Employer shall then post a schedule of vacation periods and once posted such schedule is not subject to change on the request of any employee except with the consent of other employees affected and the Employer. Vacation shall be scheduled to commence as of May 1st each year and to be completed as of December 31st of that year. Any employee wishing to make an exception to this may do so only through mutual agreement with the Employer. Each employee shall take yearly the full vacation period to which he is entitled, except as provided for in ARTICLE 13- BENEFITS & PENSION Teamsters Local 230 Members Benefit Fund The Employer agrees to pay into the Teamsters' Local Union 230 Members' Benefit Fund for each employee for the purpose of purchasing weekly indemnity, life insurance, medical, dental and other similar benefits for the employees represented by this Agreement. Contributions to the plan will be as follows: Effective Date: Feb. 1, 2017 Feb. 1, 2018 Feb. 1, 2019 Feb. 1, 2020 Feb. 1, 2021 $2.75 /hour $2.85 /hour $2.95 /hour $3.05 /hour $3.15 /hour Hourly Contribution Collective Agreement - Peterborough & Welcome Page 13

14 Contributions will be made as a flat rate using one hundred and twenty (120) hours per month. The Employer will continue the monthly benefit premium contribution for a period of three (3) months from date of layoff. Employees will have the option to continue the above benefit coverage for an additional three (3) months of lay-off by paying in advance the cost of premiums Employees will continue to be covered under the current benefit plan until January 1, Pension Plan: The Employer agrees to pay the following amounts for each hour paid for each eligible employee into the Toronto and Vicinity Ready Mix Pension Plan, which shall be jointly and equally trusted. Starts first month after ratification. Effective Date: Feb. 1,2017 Feb. 1,2018 Feb. 1,2019 Feb. 1,2020 Feb. 1, 2021 Hourly Contribution $2.00 I hour $2.10 I hour $2.20 I hour $2.30 I hour $2.40 I hour ARTICLE 14 - LEAVE OF ABSENCE Employee Leave of Absence An employee, upon written notice setting forth good reason, may, at the discretion of the Employer, be granted a leave of absence without pay. If granted, the Union will be notified. The employee will be reinstated to rightful place on the seniority list upon return from the leave Union Official Leave of Absence An employee, upon written notice from the Union, may be granted leave of absence without pay to attend a Labour Convention or to serve in any capacity on union business representative. The employee will be reinstated to rightful place on the seniority list upon return from the leave Bereavement Leave An employee who has completed the probationary period shall be allowed up to three days leave of absence with pay in the event of the death of his father, mother, sister, brother, spouse, common-law spouse, child, mother-in-law, father-in-law and grandparents. Collective Agreement - Peterborough & Welcome Page 14

15 ,. Such leave shall be for the purpose of making funeral arrangements, attending the mourning and the funeral. Such leaves of absence are not automatic and shall be granted only when circumstances require such leaves of absence Jury Duty An employee who is summoned to serve on jury duty shall be paid the difference of eight (8) hours regular pay and the amount of the jury fee received, provided the employee provides the Employer with the Certificate of Service signed by the clerk for the court showing the amount of jury fees received. The employee shall notify the Company in writing immediately upon receipt of notification that the employee will be required to serve on jury duty. Such difference in wages shall be paid to a maximum of one (1) month. ARTICLE 15 - GENERAL PROVISIONS Equipment The Employer shall ensure that all equipment, materials and protective devices are provided, maintained in good condition and measures and procedures are properly carried out in order to maintain a safe and healthy workplace Employee Responsibilities It shall be the employee's responsibility to advise the Employer and the Union of his address and telephone number and any changes when they occur. An employee who is off work because of sickness, accident, or leave of absence shall report, by 4:00 p.m. of the day before returning to work, his intention to be at work the next day. Employees are expected to follow all health and safety rules, procedures and safe work practices and to report any unsafe conditions to their supervisor Assignment to Other Work When an employee's usual work is temporarily not available he may be required to perform any work which the Employer has for him with the understanding that when such an employee is assigned to a job with a lesser rate of pay, his regular rate of pay will be continued. It is understood and agreed that this will not result in the lay-off of any man within the classification in which he is required to do other work. In those instances where an employee is regularly assigned to a lower rated job because of lack of work in his regular job in order to avoid laying him off, the employee will accept the rate of pay for the job to which he is assigned. When an employee is returning from a medical absence (for example weekly indemnity, WSIB or any other medical related illness/injury} the employee will be required to provide a functional abilities form that acknowledges he can return to work at full duties and if the company requires better medical evidence before allowing the employee to return to work. The Company will pay 8 hours a day for each day not worked until the medical evidence can be provided. The employer will be responsible to pay all costs associated to the additional medical evidence. Collective Agreement - Peterborough & Welcome Page 15

16 15.04 Work Assignment to Other Plant When an employee is assigned work outside of another Dufferin Concrete Ready Mix plant which is covered by a collective agreement with a higher wage rate the employee will receive the higher wage rate for his hours worked from the time he loads at the other plant to the time he returns to one of the plants covered by his agreement. ARTICLE 16 - TERM OF AGREEMENT Term Unless changed by mutual consent the terms of this Agreement shall continue in effect to and including the day of January, 2021 (5 years) and shall continue automatically thereafter for annual periods of one ( 1) year each unless either party notifies the other in writing within the period of ninety (90) days immediately prior to the expiration date that it desires to amend the Agreement. Negotiations shall begin within fifteen ( 15) days following notification for amendment as provided in the preceding paragraph Status of Agreement during Negotiations 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 prior to the current expiry date, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties, or until conciliation, proceedings prescribed under the Ontario Labour Relations Act have been completed, whichever date should first occur. IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives as of the date and year first above written. I ~. Collective Agreement - Peterborough & Welcome Page 16

17 ,J APPENDIX "A" Hourly wage rates for employees with more than 1 year of service: Classification Previous Upon Feb 1, Feb 1, Feb 1, Feb 1, Ratification Drivers $23.50 $23.95 $24.35 $24.75 $25.15 $25.55 Batchers Fleet Mechanic $24.10 $24.35 $24.55 $24.95 $25.35 $24.80 $25.20 $25.60 $25.75 $26.15 $26.00 $26.40 Loader operations will only be completed by non-unionized personnel during periods when unionized employees are all working or during plant shutdowns. Trainee Rate New employees will receive $2.00 less the full rate during their first year of service and $1.00 less the full rate during their second year of service. After two years continuous service the employee will receive the full rate of pay for their classification. Mechanics Licence The Company will reimburse the cost for the Mechanic's Licence and College of Trades fees annually. Driver Trainers All driver trainers will receive an additional $1.00 per hour when required for the purpose of training. Collective Agreement - Peterborough & Welcome Page 17

18 ' LETTER OF UNDERSTANDING BETWEEN: Dufferin Concrete (hereinafer referred to as the "Employer") OF THE FIRST PART - and - Teamsters Local Union 230 Affiliated with the International Brotherhood of Teamsters (hereinafer referred to as the "Union") OF THE SECOND PART Re: Plant Closure In the event of closure of either the Peterborough or Welcome plants, the Employer agrees to transfer the affected employees the opportunity to transfer to one of the remaining yards. Such offer of transfer shall be made on the basis of seniority within the employee's classification. Existing employees will be given such offer to transfer prior to the hiring of any new employee. Collective Agreement - Peterborough & Welcome Page 18

19 .. LETTER OF UNDERSTANDING BETWEEN: Dufferin Concrete (hereinafer referred to as the "Employer") OF THE FIRST PART - and- Teamsters Local Union 230 Affiliated with the International Brotherhood of Teamsters (hereinafer referred to as the "Union") OF THE SECOND PART Re: Excess Hours of Work Whereas the Employer and the Union are bound by a Collective Agreement effective from February 1, 2014 to January 31, 2017, and any renewals thereof; And Whereas the Employer and the Union wish to clarify certain matters and ensure compliance with the Employment Standards Act, 2000, particularly as amended by Bill 63; Now Therefore the Employer and the Union agree as follows: 1. The Union, as the exclusive bargaining agent of the Employees covered under the Collective Agreement, agrees that the Employees may if required by the Employer work in excess of the daily and/or weekly limits set out in ss. 17 ( 1) of the Employment Standards Act 2000, up to thirteen (13) hours per day and/or sixty (60) hours per week, 2. This Letter of Agreement is consistent with the Collective Agreement, and 3. The Employer acknowledges that upon execution of this Letter of Agreement it shall be compliant with sections 17 and 17.1 of the Employment Standards Act, 2000, as those sections read effective March 1, F~ FORT ~ON ~ w Collective Agreement - Peterborough & Welcome Page 19

20 LETTER OF UNDERSTANDING BElWEEN: Dufferin Concrete (hereinafer referred to as the "Employer") OF THE FIRST PART RE: Voluntary RRSP Program - and- Teamsters Local Union 230 Affiliated with the International Brotherhood of Teamsters (hereinafer referred to as the "Union") OF THE SECOND PART Whereas the Employer and the Union are bound by a Collective Agreement effective from February 1, 2017 to January 31, 2012, and any renewals thereof; The Employer will provide a voluntary Group RSP program. Employees may make voluntary contributions to the Plan through payroll deductions. Employees may withdraw contributions twice per year without penalty. Employees are responsible for ensuring they do not exceed their RRSP contribution limit as permitted by the Canada Revenue Agency. The Employer will not make contributions to the RRSP. Collective Agreement - Peterborough & Welcome Page 20

21 LETTER OF UNDERSTANDING BETWEEN: Dufferin Concrete Peterborough and Welcome Plants (hereinafer referred to as the "Employer") OF THE FIRST PART - and - Teamsters Local Union 230 Affiliated with the International Brotherhood of Teamsters (hereinafer referred to as the "Union") OF THE SECOND PART RE: Dufferin Concrete "Voluntary Early Retirement Buy-Out" Program Dear Sir, Dufferin Concrete agrees to offer the following voluntary early retirement buy-out program: 1. Eligible employees are bargaining unit employees covered by this Teamsters Local 230 Peterborough collective agreement; are actively working; and are at least 60 years of age and not reached the age of The Employer will offer a one-time buy-out payment in the amount of $ per year of continuous service to a maximum of twenty (20) years i.e. maximum payment of $15,000.00; 3. The buy-out payment will be paid to the employee after his last day of work and upon signing a Full and Final Release as provided by the Employer. The employee's last day of work must be within one month of signing Release, unless otherwise agreed to by the Employer; 4. The employee may elect to receive the buy-out payment in one lump sum, less applicable withholding taxes, or transfer part of same, tax exempt, into an RRSP of their choice. 5. Eligible employees must request a buy-out by completing a form as provided by the Employer; 6. Upon request by the employee, the Union will provide information regarding pension plan benefits and group insurance benefits as provided by the collective agreement, and the Employer will provide information regarding application for Canada Pension Plan (CPP) benefits; 7. The Employer will pay the employee all vacation pay accrued and not paid since the previous July 1 51 ; This Voluntary Early Retirement Buy-Out program is subject to the approval of the Employer and may be limited or not offered at the discretion of the Employer. d FOfth0E I ~ Fof the Union Collective Agreement - Peterborough & Welcome Page 21

22 .. LETTER OF UNDERSTANDING BETWEEN: Dufferin Concrete Peterborough and Welcome Plants (hereinafer referred to as the "Employer") OF THE FIRST PART - and - Teamsters Local Union 230 Affiliated with the International Brotherhood of Teamsters (hereinafer referred to as the "Union") OF THE SECOND PART RE: Clarification on Use of Brokers with respect to Article 2.03 The Union understands and agrees the Employer must meet its customer demands and there may be temporary situations when there are insufficient bargaining unit employees available to meet operational requirements due to casual absenteeism, vacation, injury or illness or peak periods. In these circumstances, the Employer will adhere to the following protocol in assigning work: 1. The Employer will first engage other Dufferin Concrete Teamsters bargaining units, where they are available; 2. If additional resources are required to meet customer demands the Employer will engage other providers of Ready-Mix concrete delivery services; the company will remit a service fee in the amount of twenty-five dollars ($25.00) per driver per week. 3. The company will provide the Secretary Treasurer with a quarterly report of all brokers used. Collective Agreement - Peterborough & Welcome Page 22