COLLECTIVE AGREEMENT BY AND BETWEEN: HALTON RECYCLING LTD. DOING BUSINESS AS EMTERRA ENVIRONMENTAL AND:

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1 COLLECTIVE AGREEMENT BY AND BETWEEN: HALTON RECYCLING LTD. DOING BUSINESS AS EMTERRA ENVIRONMENTAL AND: INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 115

2 TABLE OF CONTENTS ARTICLE 1 PURPOSE... 1 ARTICLE 2 - BARGAINING AGENT RECOGNITION... 1 ARTICLE 3 - COMPANY RIGHTS... 1 ARTICLE 4 - UNION SECURITY... 1 ARTICLE 5 - HOURS OF WORK AND SHIFTS... 2 ARTICLE 6 - OVERTIME AND PREMIUM RATES... 5 ARTICLE 8 - WAGE RATES... 7 ARTICLE 9 - GENERAL HOLIDAYS... 7 ARTICLE 10 - ANNUAL VACATIONS... 9 ARTICLE 11 - SENIORITY ARTICLE 12 GENERAL ARTICLE 13 - INTERVIEWS, ACCIDENTS & DISCIPLINE ARTICLE 14 - JOB VACANCIES ARTICLE 15 - GRIEVANCE PROCEDURE AND ARBITRATION ARTICLE 16 - SAFETY ARTICLE 17 - HEALTH AND WELFARE ARTICLE 18 - LIFE OF AGREEMENT AND RENEWAL LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING # Table of Contents Page 1 of 1

3 COLLECTIVE AGREEMENT BY AND BETWEEN: HALTON RECYCLING LTD. DOING BUSINESS AS EMTERRA ENVIRONMENTAL AND: (hereinafter referred to as the Company ) INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 115 (hereinafter referred to as the Union ) ARTICLE 1 PURPOSE 1.01 The purpose of this Agreement is to maintain a harmonious relationship between the Company and its employees; to provide an amicable method of settling differences and misunderstandings which might arise; to further, to the fullest extent possible, the safety and welfare of the employees; economy of the operation, quality of work done, and protection of property; and to elevate the Industry to the highest possible degree. It is recognized by this Agreement to be the duty of the Company and the Union to cooperate fully for the advancement of the aforesaid conditions. For the purposes of this Agreement, the masculine shall be considered to include the feminine and the singular to include the plural. ARTICLE 2 - BARGAINING AGENT RECOGNITION 2.01 The Company recognizes the Union as the sole representative of, and bargaining agent for the employees in the bargaining unit for which the Union is certified by the Labour Relations Board of B.C No employee who is employed as at May 2, 2009 shall lose their employment or level of straight-time income as a result of the Company creating or converting any classifications to Owner/Lease Operators. ARTICLE 3 - COMPANY RIGHTS 3.01 The Management of the Company s business is vested exclusively with the Company in all respects, except those rights which have been limited by an explicit provision of this Agreement. ARTICLE 4 - UNION SECURITY 4.01 Each employee covered by this Agreement shall, as a condition of employment and/or continued employment, become and remain a member in good standing of the Union. Should an employee, at any time, cease to be a member in good standing of the Union, the Company shall, upon notification in writing from the Union, discharge such employee forthwith. In the event the Company is requested by the Union to discharge employees Halton Recycling Ltd. doing business as Emterra Environmental Page 1 of 23

4 pursuant to this Article, the Union agrees to indemnify the Company in the event of subsequent proceedings being brought against the Company for such discharge The Company shall hand each new employee a Union membership card and dues deduction card (supplied by IUOE). The employee shall complete said cards and return them to the Company. The Company shall submit the Union membership card to the Union, and shall retain the dues deduction card on the employee s file The Company shall deduct such fees and dues as provided by the Union on the first (1st) pay period of the month and submit said monies to the Union before the twenty-fifth (25th) day of the month in which said monies were deducted. The Union shall indemnify the Company for such remissions and deductions when in accordance with Union instructions. The Union will specify the amount of the initiation fee in the said remissions and deductions Upon receiving one (1) month s notice from the Union, by registered mail, of a change in the fees and dues charged by the Union to its members, the Company shall make deductions in accordance to the notice, effective the date given. The Union will indemnify the Company for all such deductions and remissions when in accordance with Union instructions The Company shall submit a check-off list containing the names and social insurance numbers of each employee and the monies applicable to each employee as described in Article 4.03 above No employee who is employed as of May 2, 2009 shall be laid off or not recalled as a direct result of contracting out, provided: (a) The Company currently has the equipment at the Campbell River site that is required to perform the work in question. The work to be contracted out is normally and regularly performed by bargaining unit employees It shall not be a violation of this or cause for discipline for any employee who, in performance of his duties, refuses to circumvent or cross a legal picket line. ARTICLE 5 - HOURS OF WORK AND SHIFTS 5.01 The standard working shift for all employees shall be defined as either: (a) (c) Eight (8) hours work within eight and one-half (8.5) consecutive hours and shall be worked in five (5) posted consecutive days of the week, or Ten (10) hours work within ten and one-half (10.5) consecutive hours and shall be worked in four (4) posted days of the week with a minimum of two (2) consecutive days off. Subsections (a) and notwithstanding, in order to best meet its operational requirements and/or customer service objectives, the Company may not grant Halton Recycling Ltd. doing business as Emterra Environmental Page 2 of 23

5 consecutive days off each week to every regular employee. When this happens, the Company shall notify employees in writing seeking volunteers to perform the work in question. In the event there are insufficient volunteers with the required qualifications, skill, and ability, the schedule shall be assigned to the employee(s) with the least amount of seniority having the required qualifications, skill, and ability, provided no overtime costs result from so doing. (d) (e) (f) Subsections (a) and notwithstanding, the Company may require certain regular employees to work split shifts in order to best meet its operational requirements and/or customer service objectives. When this happens, the Company shall notify in accordance with Article and and award the position in accordance with Article In the event there are insufficient volunteers, the schedule shall be assigned to the employee(s) with the least amount of seniority having the required qualifications, skill, and ability, provided no overtime costs result from so doing. The Company must have bona fide operational requirements or customer service objectives in order to utilize the provisions of subsections (c) and (d). The Company shall notify the Union when it utilizes these subsections and will consider any alternatives suggested by the Union, provided the implementation of such alternatives would not result in additional costs and the Company s ability to best meet its operational requirements and/or customer service objectives would not be reduced by so doing. The Company shall monitor the routes assigned to driving employees (Recycle Drivers and their swampers if applicable) in order to reduce as much as operationally possible the amount of overtime such employees are required to work on a regular basis in order to complete their assigned routes. Driving employees must complete their entire route each day, unless they have approval from their supervisor or Company designate to leave their route unfinished All employees who report for work, other than work for which overtime rates are paid, at the request of the Company, shall be paid a minimum of: (a) (c) Provided the employee was not contacted before reporting and told not to report, two (2) hours' pay at the employee's regular rate if the employee does not commence work, except when the employee's condition is such that he is not competent to perform his duties or he has failed to comply with the accident prevention regulations of the Workers' Compensation Board. Four (4) hours' pay at the employee's regular rate, if the employee commences work, except when the employee's condition is such that he is not competent to perform his duties or he has failed to comply with the accident prevention regulations of the Workers' Compensation Board. Subsection notwithstanding, employees who commence work, after which the work is suspended for reasons completely beyond the Company s control, including unsuitable weather conditions shall be paid a minimum of two (2) hours at his regular rate Where an regular employee is required by the company to temporarily work in a higher paid classification (i.e. in a position that is higher paid than the position in which the Halton Recycling Ltd. doing business as Emterra Environmental Page 3 of 23

6 employee normally and regularly works), that employee shall be paid at the rate of the higher classification for the time performing the duties of the higher classification, provided that the employee works for one (1) hour or longer in such higher paid capacity. Operational requirements permitting, the Company shall seek volunteers from among those employees with the required qualifications, skill and ability, when a higher paying position is to be temporarily filled, with the senior volunteer from this group being assigned the work. In the event there are insufficient volunteers to perform the work, the work shall be assigned to the employee(s) with the least amount of seniority having the required qualifications, skill, and ability With the exception of disciplinary demotions, where a regular employee is required by the Company to work in a lower paid classification (i.e. in a position that is lower paid than the position in which the employee normally and regularly works), that employee shall continue to be paid at his normal and regular rate of pay. Operational requirements permitting, the Company shall seek volunteers from among those employees with the required qualifications, skill and ability, when a lower paying position is to be filled, with the senior volunteer from this group being assigned the work. In the event there are insufficient volunteers to perform the work, the work shall be assigned to the employee(s) with the least amount of seniority having the required qualifications, skill, and ability The Company shall have as many regular shifts as required to carry out its business SPARE EMPLOYEE: All employees, other than regular employees, shall be considered as spare. All spare employees will report to work at the request of the Company and shall be paid in accordance with Article The employment of spare employees shall be by seniority, qualifications, skill and ability. The Company shall not reduce or eliminate the employment of regular employees solely in order to increase the number of spare employees it employs Employees shall not be required to use their personal vehicles for work purposes Employees who elect to take a daily lunch period may take and receive this lunch period at any time during the shift, provided that driving employees (Recycle Drivers and their swampers if applicable) record when they take their lunch break on their route sheet at the time of taking the break Employees shall receive two (2) paid fifteen (15) minute breaks during the employee s regular shift, provided that driving employees (Recycle Drivers and their swampers if applicable) record when they take their coffee breaks on their route sheet at the time of taking the break Lunch breaks shall be optional for all driving employees. The Company shall be notified, in writing, of the option chosen by each employee, and shall not be varied by the employee without the written agreement of the Company. Halton Recycling Ltd. doing business as Emterra Environmental Page 4 of 23

7 5.11 A schedule shall be provided to employees on Friday of each week containing the names of each full-time employee, his assigned vehicle (subject to change), his starting times and his days off each week The day shall commence at 12:01 a.m. and end at 12:00 midnight A shift commencing on one (1) day and continuing into the next day shall be considered as work performed on the day on which the shift commences An employee shall have at least eight (8) consecutive hours' off duty after he has completed a shift. If an employee is called into work without having had eight (8) consecutive hours off duty, he shall be paid at the overtime rate of pay until he has had the said eight (8) consecutive hours rest An employee returning to work after one (1) or more days of absence shall give notice of return to work to the Manager on duty before 12:00 noon of the working day preceding his first (1st) day back to work. Failing such notification, the Company will not be required to schedule the employee for work until the Manager receives such notification TRAINING: The Company shall ensure that employees have received the appropriate training to effect safe work methods or safe operation of any equipment that they are required to operate, recognizing that truck drivers are deemed able to operate their vehicles safely as a function of their required driver s license. ARTICLE 6 - OVERTIME AND PREMIUM RATES 6.01 OVERTIME: All employees shall be paid for all overtime based on their hourly rate of pay as follows: One and one-half times (1.5X) the applicable hourly rate for all hours actually worked in excess of eight (8) hours per day or ten (10) hours per day; or for all hours actually worked in excess of forty (40) hours per week. Double (2X) the applicable hourly rate of pay for all hours actually worked in excess of twelve (12) hours per day, or in excess of forty-eight (48) hours per week For all hours worked on a General and/or proclaimed holiday named in Article 9.01, an employee shall be paid a minimum of time and one half times (1.5x) his hourly rate of pay up to and including twelve (12) hours. Any hours in excess of twelve (12) hours shall be paid at two times (2x) his hourly rate of pay (a) Overtime on non-scheduled workdays and/or statutory holidays will be awarded to senior employees with the required qualifications, skill and ability who have signed the overtime list in accordance with Article In the event there are insufficient volunteers to perform such overtime work, it shall be assigned to the employee(s) with the least amount of seniority having the required qualifications, skill and ability Article notwithstanding. Notwithstanding the above, the assignment of Halton Recycling Ltd. doing business as Emterra Environmental Page 5 of 23

8 overtime under this Article [6.03(a)] and Article shall be subject to the Company s right to use the lowest overtime premium rate available. When overtime occurs at the end of the shift, the employee who performed the work in question (route in question) at straight time is required to work the overtime. Should an employee believe he is working too much overtime, the Union and the Company will discuss his concern in an effort to find a mutually agreeable resolution CHARGE HAND PREMIUM: Any employee who is appointed by the Company as charge hand shall be paid an additional one dollar ($1.00) per hour for each hour actually worked in this capacity. This premium shall be paid for all hours actually worked in this capacity and shall be included in the calculation of the overtime rate, as applicable. This premium shall also be paid for nonworked general holidays. ARTICLE 7 - CLASSIFICATIONS 7.01 PROBATIONARY EMPLOYEES, as defined in Article (a), shall receive the rate of pay applicable to the classification, in which they are hired REGULAR EMPLOYEE: is an employee hired by the Company to fill a regular (ongoing position) who has completed the probation period and who is normally and regularly scheduled to work RESIDENTIAL/RECYCLE/DRIVER: is an employee whose duties include, operating a residential/recycle truck and servicing customers. Drivers must have a valid driver s license in order to operate Company vehicles. The Class of drivers license each employee is to have shall be determined by the Company subject to applicable Provincial regulations. Drivers are required to provide the Company with a current driver s abstract, when requested by the Company to do so SWAMPER: is an employee who is required to assist any truck driver. A swamper shall not be required to drive a vehicle but may do so on occasion provided they have the required driver s license SPARE EMPLOYEE: is any employee of the company, who is not a regular employee. Spare employees shall receive the rate of pay applicable to the classification, in which they are hired CHARGE HAND: is an employee who shall assist the Manager in carrying out his duties. The Charge Hand shall not take disciplinary action against an employee. It is recognized that the Charge Hand shall have to answer to the Manager for any deficiencies in workload completion. The Company shall have the unfettered right to determine the duties to be performed by any charge hand it appoints provided those duties do not conflict with this or the constitution of the Union. The Company may appoint whomever it desires as charge hand and nothing in this Article requires the Company to appoint a Charge Hand. Halton Recycling Ltd. doing business as Emterra Environmental Page 6 of 23

9 ARTICLE 8 - WAGE RATES 8.01 STANDARD NEGOTIATED RATES Classification May 1 st % May 1 st % May 1 st % Driver: during first 90 shifts actually worked in $18.04 $18.40 $18.77 classification Driver: after completing 90 shifts actually $19.10 $19.49 $19.88 worked in classification Swamper $12.99 $13.25 $ If, during the term of this Agreement, the Company creates a new bargaining unit position, it shall establish the wage rate to apply to such new position and forward this wage rate to the Union by written notice. Unless the Union objects to this wage rate within fourteen (14) calendar days after its receipt of the Company s notice, the wage rate established by the Company is deemed the final wage rate for the position. If the Union objects within the required time limit and the parties are unable to resolve the matter through negotiation, then the matter shall be submitted to arbitration under Article 15 to have the final wage rate established, which rate shall be retroactive to the date the incumbent filled the new position. In so doing, the arbitrator shall be guided primarily by the principle of internal wage equity (i.e. the rates set out above that were negotiated by the parties) The Company shall pay each employee every two (2) weeks by electronic transfer on a Friday, all wages due, up to and including the previous Saturday. A detailed statement showing all hours worked, rate of pay and an itemized list of deductions, shall be given each employee each and every payday. In the event of Friday being a General Holiday, payment of wages shall be made the day previous Where the employee terminates his employment, the Company shall pay to the employee all wages earned and all holiday pay earned by the employee within the next scheduled payday Where an employee is terminated by the Company, the Company shall pay the employee all wages and earned holiday pay within seventy-two (72) hours. Within seventy-two (72) hours the employee shall receive the record of employment. ARTICLE 9 - GENERAL HOLIDAYS 9.01 The Company shall recognize the following General Holidays: New Years Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Remembrance Day Christmas Day BC Day Family Day and all other holidays, which are hereafter, be required to be observed under the Statutes of Canada and/or the Province of British Columbia. Halton Recycling Ltd. doing business as Emterra Environmental Page 7 of 23

10 9.02 Employees shall be paid in accordance with this article for each General or Proclaimed Holiday provided: (a) (c) (d) (e) The employee has been employed by the Company for thirty (30) calendar days immediately preceding the holiday, and The employee actually works his/her the last scheduled working day prior to the holiday, and The employee actually works his/her first (1st) scheduled working day after the holiday, provided the subsequent working day occurs within fifteen (15) days following the holiday An employee works any part of a General Holiday or Proclaimed Holiday. Regular employees shall receive their regular daily wages for each holiday for which they are eligible, provided they do not work on such day. Part-time employees including Spare employees shall receive a prorated amount for each holiday for which they are eligible provided they do not work on such day. This prorate amount shall be calculated as follows: total wages earned by the employee in the thirty (30) calendar day period immediately preceding the holiday (including vacation pay, but excluding overtime) divided by the number of days actually worked in that thirty (30) day period Work performed on General Holidays shall be assigned in accordance with Article 6.03(a) and paid in accordance with Article (a) Where an eligible employee works on the day a General Holiday, the employee shall receive the following, in addition to the pay set out in Article 6.02: (i) (ii) another day's wages, calculated pursuant to article 9.02(e), or another day off with pay. calculated pursuant to article 9.02(e). Upon request, the lieu day will be taken in conjunction with the employees next set of scheduled days off providing operational requirements permit. Otherwise, another mutually agreed upon day may be requested and confirmed within three (3) days of such request. The Company shall not unreasonably deny any such request. Where a General Holiday falls on an eligible employee's annual vacation and the employee does not work the holiday, the employee shall receive and choose one of the following: (i) (ii) his first scheduled week day/days following his annual vacation as additional day/days off with pay, calculated pursuant to article 9.02(e), or another day/day's wages calculated pursuant to article 9.02(e). (c) Where a General Holiday falls on an regular employee's regular day off and the employee does not work the holiday, the employee shall receive and choose one of the following: Halton Recycling Ltd. doing business as Emterra Environmental Page 8 of 23

11 (i) (ii) another day's wages calculated pursuant to article 9.02(e), or another (lieu) day off with pay calculated pursuant to article 9.02(e). Upon request, the lieu day will be taken in conjunction with the employees next set of scheduled days off providing operational requirements permit. Otherwise, another mutually agreed day may be requested and confirmed within three (3) days of such request. Any such request shall not be unreasonably denied by the Company. ARTICLE 10 - ANNUAL VACATIONS The principle that vacations are earned in one (1) year of service and are to taken in the next year of service applies under this Agreement Employees who have completed twelve (12) consecutive calendar months of employment but less than five (5) consecutive calendar years of employment shall receive two (2) calendar weeks vacation time off, with vacation pay for the period of vacation time-off equal to four percent (4%) of the Employee s total wages earned in the previous twelve (12) consecutive months of employment Employees who have completed five (5) consecutive calendar years of employment but less than twelve (12) consecutive calendar years of employment shall receive three (3) calendar weeks off, with vacation pay for the period of vacation time-off equal to six percent (6%) of the Employee s total wages earned in the twelve (12) month period immediately preceding the Employee s last anniversary date Employees shall take their vacation time-off at such time as mutually agreed upon by each employee and the Company subject to operational requirements, recognizing that the Company reserves the right to limit the number of employees who may be off at any one time. An employee shall make his vacation request known to the Company, in writing, with a minimum of four (4) weeks notice. The Company shall respond in writing to vacation requests within three (3) business days (a) Employees who leave the employment of the Company for any reason whatsoever after completing five (5) days of employment, but before completing twelve (12) consecutive months of employment, shall receive vacation pay equal to four percent (4%) of the total wages he earned prior to his termination. Employees who leave the employment of the Company for any reason whatsoever after completing twelve (12) consecutive months of employment, shall receive accrued vacation pay earned but not taken vacation prior to his termination Although it is expected that Employees take their annual vacation as time off with pay each year, it is recognized that an Employee s personal circumstances may be such that it is impossible for him/her to do so. Recognizing this fact, Employees may take part or all of their accrued vacation earnings, as pay rather than paid vacation time off each year. Employees may avail of this right twice (2X) per year. If they subsequently wish to take their vacation entitlement in that year, it shall be unpaid time off provided the Employee does not have any accrued vacation earnings remaining. Employees shall receive their vacation payout within fourteen (14) calendar of making the request in writing to the Manager. Halton Recycling Ltd. doing business as Emterra Environmental Page 9 of 23

12 10.07 The period of time taken by an employee for annual vacation shall be scheduled in accordance with his regularly scheduled workweek All annual vacations shall be taken within the twelve (12) month period commencing on the employee's anniversary date Any employee wishing to change his vacation schedule may do so subject to availability and mutual agreement between the parties The term gross earnings as used for the calculation of vacation pay, as described within this shall include all earnings in the entitlement years described above, including annual vacation pay which the employee received during the entitlement year. ARTICLE 11 - SENIORITY Seniority is defined as an employee s continuous service in the bargaining unit since his date of last hire The Company shall at six (6) month intervals provide the Union with an up-to-date list of all employees covered by the showing the seniority of each employee. The Company shall post a copy of this list on the Union bulletin board or in a conspicuous place in all operating locations covered by this agreement (a) All new employees shall serve a probationary period of sixty (60) days actually worked. A probationary employee who is found by the Company to be unsuitable may be dismissed with written reasons provided during this period. (c) A probationary employee shall not exercise seniority rights during the probationary period. Upon successful completion of the probationary period, the employee s seniority shall date from the day of hire. Within the probationary employee group, the principle of last on first off shall apply in the event of a reduction of the work force. (Subject to Qualifications, Skill, and Ability) In the event of lay-offs due to the reduction of the working forces, the Company shall lay-off the employee with the least seniority (subject to Qualifications, Skill, and Ability). Lay-offs shall not be used for discipline or discharge purposes (a) Regular employees who are laid off from their regular position shall lose their seniority and be terminated if they do not perform any work for the Company for one hundred and eighty (180) consecutive calendar days following their layoff. (c) Spare employees shall lose their seniority and be terminated if they do not perform any work for the Company for one hundred and eighty (180) consecutive calendar days. An employee, who has been terminated under subsections (a) or above, shall have all monies owing paid to him and he shall be supplied with a Record of Employment (if not done previously). Halton Recycling Ltd. doing business as Emterra Environmental Page 10 of 23

13 (d) (e) Regular employees who are laid off from their regular positions and who cannot bump a less senior posted employee shall be viewed as a spare employee provided that they remain available to perform such work when it is offered by the Company, subject to the provisions of Article and 11.06(e). Spare employees may refuse three (3) offers of employment from the Company in each calendar year (Jan. Dec.) without penalty. When the Company cannot contact a spare employee at the phone number he is required to leave on file with the Company, it is deemed to be a refusal for purposes of this section (iii). Four (4) refusals/failure to contact in any one calendar year shall result in the spare employee losing seniority and being terminated Seniority shall continue for a reasonable period (the length of which to be determined by the circumstances) when an employee is off work due to an injury received on the job, provided the employee full adheres to the established procedures for filing the applicable WCB claim, or when an employee is off work as a result of a non-work related injury or illness. In determining the length of time that seniority shall continue under this section (11.06), the Company shall adhere to the Duty to Accommodate requirements established by law Employees, who are injured and who are covered by section 11.06, shall retain the position they occupied prior to such injury, subject to Article and he shall retain all rights to apply for any job vacancies, provided that his application for a vacancy is received within the seven (7) days of his return to work When an employee incurs a compensable injury and/or illness as covered by Work Safe BC, the Company shall pay the employee his wages for all regular scheduled hours on the day of injury and/or illness, provided the employee fully adheres to the established procedures for filing a worker s compensation claim Employees returning to work after an absence and/or illness of two (2) days or longer, or after repeated absences for illness shall provide to the Company if requested, a medical certificate completed by a licensed medical practitioner establishing that the employee is fit for work. The Company shall reimburse the employee where the employee incurs an expense for the medical certificate. LEAVE OF ABSENCE/BEREAVEMENT/JURY DUTY LEAVE OF ABSENCE A leave of absence may be requested by the employee and the leave of absence may be granted by the Company at its discretion. Such leave shall not be unreasonably withheld having consideration for the Company s operational requirements. Any given leave of absence shall not exceed three (3) months and may not be used for other employment. Any extensions are at the discretion of the Company BEREAVEMENT LEAVE (a) Employees, who have successfully completed probation, are entitled to bereavement leave in the case of the death of a member of their immediate family. Halton Recycling Ltd. doing business as Emterra Environmental Page 11 of 23

14 For purposes of this Article (11.12), immediate family means the spouse, child, parent, guardian, sibling, grandchild, or grandparent of the employee and any other person who lives with the employee as a member of the employee s family. (c) (d) Regular full-time employees are entitled to three (3) days paid bereavement leave under this section covering the day before the funeral, the day of the funeral and the day after the funeral, provided the employee would have been otherwise scheduled to work on the days for which paid bereavement leave is granted were it not for the death. Bereavement leave for relatives or dependants other than those listed above shall be at the Company s discretion JURY DUTY A regular full-time employee who has successfully completed probation and who is required by the Crown to serve as a juror or to be a witness for the Crown in a criminal trial (not being himself/herself a party to the proceeding), or who is required by the Coroner to serve as a juror or to be a witness in a Coroner s inquest, shall be granted paid leave while so serving to a maximum of twenty-four (24) hours straight time pay, provided that the employee would have otherwise been scheduled to work on the days so served. In addition the Company shall grant the employee unpaid leave to so serve and such unpaid time shall be counted as service for purposes of seniority FAMILY RESPONSIBILITY LEAVE An employee is entitled to up to 5 days of unpaid leave during each employment year to meet responsibilities related to (a) the care, health or education of a child in the employee's care, or the care or health of any other member of the employee's immediate family PARENTAL LEAVE An employee who requests parental leave under this Article is entitled to all rights referenced in the Employment Standards Act in place as of the date of ratification. ARTICLE 12 GENERAL Effective January 1, 2009, the Company will reimburse regular employees who have completed probation at the rate of hundred percent (100%) of the cost of purchasing CSA approved safety footwear for use at work each year, to a maximum reimbursement by the Company of one hundred dollars ($100.00) per employee, per year. In order to receive this reimbursement, employees must provide the Company with a receipt proving that they purchased CSA approved footwear for use at work There shall be no discrimination against any employee for being an Officer, Shop Steward or Committee person of the Union Shop Stewards shall be recognized by the Company, and shall be given reasonable opportunity to carry out their duties, on Company time when no alternative exists, provided Halton Recycling Ltd. doing business as Emterra Environmental Page 12 of 23

15 the Steward has first do everything reasonably possible to carry out the duties in question on this own time - during his work breaks or before/after the completion of his shift. The Shop Steward shall advise their immediate Manager when they cannot perform their duties on their own time, with the result that they are requesting the right to do so during their normal working hours. The Company shall not unreasonably deny requests, provided operational requirements permit the Shop Steward to be so absent and the requirements of the above clause have been met. The Union agrees to notify the Company, in writing, of the name of each Shop Steward The Company shall allow time off work, without pay, to one (1) employee who is serving on a Union committee for the purpose of negotiations with the Company. For ease of administration, the Company shall continue to pay the employee his normal straight time wages (to a maximum of the employees regular straight time shift per day) while absent, and the Union will reimburse the Company for the amounts so advanced The Company will provide a union notice board in a visible area frequented by employees. The board will be used for notices pertaining to the Union employees only Union representatives, after notifying the Company, shall have access to the Employer s Campbell River, BC premises to carry out the business of the Union in respect to the operation of this Agreement, provided an employee s production is not interrupted in any way by such access. Where the Union requires the attendance of an employee at any such meeting the meeting shall occur either before or after the completion of the employees work shift The Company agrees that no employee shall be asked, and no employee shall offer to make, a written or verbal agreement and/or contract with the Company inconsistent with or in variance with the terms of this Agreement The Company will reimburse fifty percent (50%) of the cost of supplying one (1) issue of rain gear for use at work to regular full-time Recycle Drivers who have completed probation, provided the type and quality of such rain gear is satisfactory to the Company. In order to receive this reimbursement, employees must provide the Company with a receipt proving that they purchased rain gear of a type and quality that is satisfactory to the Company. In addition, the Company will reimburse employees under this section at a rate of fifty percent (50%) for further replacement rain gear, if the employee s previous issue of rain gear is worn out or damaged in the normal performance of the employee s duties, with the result that such previous issue does not provide adequate protection to the employee All Drivers and swampers shall be supplied with gloves and disposable ear plugs The Company shall supply, at no cost to employees, other safety equipment (not mentioned above) that is required to be worn by Work Safe BC ARTICLE 13 - INTERVIEWS, ACCIDENTS & DISCIPLINE Whenever an employee is required to attend a meeting where formal discipline may be taken (not including verbal warnings), a Shop Steward of the employee s choice shall be in attendance. When the Shop Steward of the employee s choosing cannot readily be in attendance, the meeting will not take place until an alternative Shop Steward can be in Halton Recycling Ltd. doing business as Emterra Environmental Page 13 of 23

16 attendance, provided this does not delay the meeting beyond the close of the next business day. Notwithstanding this, in very serious disciplinary situations where the Company feels it must act without delay, it may suspend an employee pending the final disciplinary outcome, even though a shop steward is not present. In such cases, the Company will make every effort to discuss the situation with the Union by phone before imposing the suspension or if this is not possible, it shall discuss the situation with the Union as soon after imposing suspension as possible. This clause shall not restrict the Company s ability to give work direction and/or review employees An employee and the Shop Steward shall be given a copy of the discipline. All disciplinary action may be subject to the grievance and arbitration procedure Where an employee is suspended for disciplinary action, said suspension shall not be considered a layoff The employee suspended shall continue to accumulate seniority Where an employee has been terminated the Union shall have the right to request, in writing, to have the issue dealt with under Step (d) of the grievance procedure. The Company shall submit reasons for termination of an employee in writing to the Union within five (5) days of the Union s request In any instance where an employee incurs a levy, fine and/or assessment and may be required to pay the levy, fine and/or assessment, the employee shall be allowed the opportunity to meet with the Company in the presence of a Shop Steward or a Union Representative if no Shop Steward is available, in order to determine whether the employee or the Company shall incur the liability. If the employee has remitted the amount and the Company agrees that it, not the employee, should bear the liability, the employee will be repaid the amount remitted The employee shall immediately advise the Company in the event of breakdown, citation, confrontation, accident, injury, and report all details in writing at the end of shift. ARTICLE 14 - JOB VACANCIES The Company shall fill job vacancies from within the bargaining unit provided there is an internal applicant with the required qualifications, skill and ability. The senior applicant with the required qualifications, skill and ability shall be awarded the position For purposes of this Article, a job vacancy shall be in a regular (ongoing) position within the Bargaining Unit that the Company intends to fill. (a) All vacancy notices shall include the classification, the hours of the shift and the days of the week, When an employee is off work due to illness, vacation, and/or any other short-term absence, the vacancy created shall be filled by a spare employee but does not qualify as a continuing vacancy The Company shall notify existing employees in writing a notice, when it intends to fill a regular full-time vacancy and shall not permanently fill such vacancy for seven (7) days. Halton Recycling Ltd. doing business as Emterra Environmental Page 14 of 23

17 Employees on annual vacation shall be given an opportunity to apply for such vacancies within seven (7) days of their return to work. Employees on Workers Compensation benefits and/or sick benefits shall be notified by phone at the number they are required to maintain with the Company, so that they can apply for such vacancies The Company shall give a regular employee seven (7) days notice if his shift is to be permanently eliminated When a regular position is permanently eliminated, the affected employee shall have the right, within three (3) working days of receiving his lay off notice, to either (a) exercise his seniority and bump a less senior regular employee, qualifications, skill and ability considered; or be viewed as a Spare Employee. In the event an employee is bumped, an employee must, after discussions with his supervisor and a review of a current seniority list, either (a) immediately exercise his seniority qualifications, skill and ability; or be viewed as a Spare Employee An employee transferring from one classification to another classification shall be given a trial and familiarization period. If after a fifteen (15) day trial period, the employee is found unacceptable for the position, or wishes to return to his last position held, the employee shall be given the opportunity to return to his last position held without any loss of seniority. Where an employee is found unacceptable for a position he shall be given a copy of the reasons why he was not successful (a) when an employee bumps into another classification the employee shall be paid the rate for such other classification. When an Employee is injured (including compensable injuries), or otherwise disabled and the Employee is reintegrated into the work force by way of a accommodation that results in the Employee not working in his previous classification, the Employee shall be paid the rate for the classification in which he/she is working as a result of the accommodation Where an employee wishes to apply for overtime, he shall sign the list posted by the Company. Should the employee wish to remove his name from the list, he shall remove his name and sign it from this list. The employee should also ensure the Company has an upto-date phone number where he may be contacted An employee who has been laid-off and fails to return to work within forty-eight (48) hours after receiving written notice of recall under this Article (14) at the address provided to the Company shall lose his seniority and shall be terminated. Notice of recall shall initially be done by phone with the understanding that where the employee cannot be contacted, the written notice section of this clause shall follow. Written notice shall be by registered mail (or hand delivered). It shall be the responsibility of the employee who is laid-off to leave a current address and telephone number with the Company as to where he may be Halton Recycling Ltd. doing business as Emterra Environmental Page 15 of 23

18 contacted. The Company shall also provide a copy of such notice to the Union when the forty-eight (48) hour notification is issued. ARTICLE 15 - GRIEVANCE PROCEDURE AND ARBITRATION The procedure for resolving differences between the parties bound by this Agreement concerning its interpretation, application, operation or any violations thereof shall be as follows: (a) (c) (d) Verbal discussion between Company and employee prior to any written grievance procedure. Written notice of the grievance shall be given by the employee to the Company within seven (7) calendar days from the date on which the employee became aware. This time limit is mandatory, and if it is not complied with (provided that it has not been waived by the parties in writing), the grievance shall be deemed to be abandoned. The Manager, the employee and Shop Steward shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within seven (7) days of its being filed, the grievance will automatically be referred to the Divisional Manager. The Divisional Manager or his designate, in the event he is absent, and a representative of the Union, shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within seven (7) days of its being referred to the Divisional Manager, it shall be deemed that the grievance procedure has been exhausted and the grievance shall be automatically referred to arbitration Where the parties proceed to arbitration a single arbitrator will be selected to resolve the dispute. If the Union and the Company are unable to agree on a single arbitrator, the Chair of the Labour Relations Board will be asked to appoint one. The arbitrator so agreed or appointed will meet jointly with both parties as quickly as practical to hear the dispute, and each party may present evidence and make both written and oral presentations. The decision of the arbitrator will be final and binding on both parties The Arbitrator shall not have power to change, modify, extend or amend this Agreement or to award costs or damages against either party. The Arbitrator shall have the power to order, if he deems proper that any employee who has been wrongfully suspended, discharged or otherwise disciplined, shall be reinstated without loss of pay and with any other benefit under this Agreement, which he may have lost. The decision of the Arbitrator shall constitute the award. The decision of the Arbitrator shall be binding on both parties Each party shall pay its own costs and fees and the expenses of its representatives and witnesses. The fees and expenses of the Arbitrator shall be shared equally between the parties. Halton Recycling Ltd. doing business as Emterra Environmental Page 16 of 23

19 15.05 In the event of an Arbitrator being appointed, it is agreed by both the Union and the Company, that the Arbitrator shall be requested to hand down a decision within thirty (30) days or as soon thereafter as may conveniently be arranged The Company and the Union may mutually agree in writing to waive any of the time limits set out in this Article. ARTICLE 16 - SAFETY It is the desire of both parties to this Agreement to maintain the highest standard of safety. No employee shall be required to, and no employee shall perform work in a hazardous manner or operate any faulty equipment All unsafe working conditions and/or equipment shall be reported promptly to the Company. The Company shall not require employees to take out on the streets any vehicle that is not in safe operating condition unless and until such vehicle has been approved by the Manager as being safe A Joint Occupational Health and Safety Committee will be formed if and only if such a committee is required under the Work Safe BC Compensation Act and Regulations. The Act and regulations shall dictate the requirements of the Joint Occupational Health and Safety Committee. The Committee shall not have the authority or power to act in any manner that will conflict with the provisions of this Agreement. The Company agrees that where there is no requirement to establish an O.H.S. Committee that the Company shall hold, at a minimum, regular monthly Tool Box meetings provided there are safety matters to discuss The Company shall pay any costs associated with the inoculation of employees for the prevention of hepatitis and tetanus. Employees declining inoculation must sign a declination form to be placed in the employees file for the duration of employment If an OHS committee is required under the Act and regulations, the Company shall forward, upon request, all OHS Committee meeting minutes to the Union The Company shall ensure that it has an employee employed on each shift with a valid first aid ticket. It is recognized that the Company may employ a management person with a valid first aid ticket to comply with this requirement. ARTICLE 17 - HEALTH AND WELFARE Regular full-time employees who have completed six (6) consecutive months of employment with the Company and who are normally and regularly scheduled to work thirty-two (32) or more hours per week, shall be eligible for health and welfare benefits pursuant to this Article Eligible regular full-time employees shall be entitled to B.C. Medical Services Plan coverage on the first (1st) day of the month following the month in which they complete six (6) consecutive months of employment. The Company shall pay fifty percent (50%) of the premium costs for such coverage for eligible Employees, provided that each eligible Employee pays the remaining fifty percent (50%) by payroll deduction. Effective (December 10, 2012)), the Company shall pay seventy-five (75%) of the premium costs for Halton Recycling Ltd. doing business as Emterra Environmental Page 17 of 23

20 such coverage for eligible Employees, provided that each eligible Employee pays the remaining twenty-five percent (25%) by payroll deduction The Company will arrange with a carrier(s) for the provision of group health and welfare benefits for eligible full-time employees. Eligible full-time employees shall be entitled to coverage for these benefits on the first (1st) day of the month following the month in which they complete six (6) consecutive months of employment. The Company shall pay seventy-five percent (75%) of the premium costs for such coverage for eligible Employees, provided that each eligible Employee pays the remaining twenty-five percent (25%) by payroll deduction The terms and conditions governing the provision of health and welfare benefits pursuant to the contract that the Company has entered into with the carrier shall apply in all respects. And, where there is a conflict between the information described below and that contract, the carrier s contract shall apply and take precedence The Company retains the right to change its health and welfare benefits carrier and should it do so, the contract entered into with the new carrier shall apply and take precedence, as stated above. During the term of this first ( ) collective agreement, the Company shall not initiate changes to the benefits and/or benefit levels that are in effect for bargaining unit Employees under this Article 18 as at (insert date of Union ratification) solely as means of reducing the premium costs it would otherwise be required to pay in order to provide these benefits or benefit levels. It is understood that this commitment does not apply in any way to changes that are initiated by the carrier(s) that are general in nature (i.e. not specific to the Company only) The following information about the health and welfare benefits available under the Group Benefit Plan, for which the Company has currently contracted, is for general descriptive purposes only. This information is not intended to take precedence over the actual benefits and/or coverage levels established in the Company s contract with the carrier. Any disputes regarding eligibility for benefits will be between the insurer and the employee: Group Life Insurance: 1X annual earnings AD&D 1X annual earnings Extended Health Drug Deductible: $10.00 per prescription Benefits Vision Care: eye exams once per calendar year Professional Services (Chiropractor, etc.) - each particular service: discipline $25 per visit, $500 maximum in each calendar year. Dental Plan Yearly Deductible: $25 per individual, $50 per family in each calendar year Level I Basic Services: 80% reimbursement based upon the approved fee schedule Level II Supplementary Basic Services: 80% reimbursement based upon the approved fee schedule Yearly Benefit Maximums: Combined Level I and Level II - $1000 per calendar year Halton Recycling Ltd. doing business as Emterra Environmental Page 18 of 23