COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT BETWEEN ESSEX POWERLINES CORPORATION AND LOCAL UNION 636 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS A.F.OF L., C.I.O., C.L.C. April 1, 2015 March 31, 2019 LOCAL 636 C A N A D A

2 TABLE OF CONTENTS BY ARTICLE Article 1 Recognition... 6 Article 2 Union Security and Check Off... 7 Article 3 No Strike No Lockout... 7 Article 4 Managerial Rights... 7 Article 5 Representation... 8 Article 6 Seniority Article 7 Employee Categories Article 8 Progression Article 9 Compassionate Transfer Article 10 Job Posting and Selection Article 11 Temporary Substitutions Article 12 Training Article 13 Lay off and Recall Article 14 Disciplinary Action Article 15 Grievance Procedure Article 16 Working Hours Article 17 Time Allowance for Break and Clean-up Article 18 Overtime Article 19 Call Out/On Call Article 20 Meal Allowance Article 21 Leave of Absences Article 22 Pregnancy/Parental Leave Article 23 Bereavement Leave Article 24 Jury Duty and Crown Witness Article 25 Vacation Article 26 Mileage Article 27 Sick Leave Article 28 Paid Holidays Article 29 Workplace Safety & Insurance Article 30 Pension & Insurance Article 31 Group Health Insurance Plans Article 31 Section B Article 32 Retirement Article 33 Pay Days Article 34 License and/or Professional Fees Article 35 Equipment and Clothing Article 36 Personal Tools Article 37 Discrimination Article 38 Sexual Harassment Article 39 Refusal to Cross Picket Lines Article 40 Copies of the Agreement Article 41 Bulletin Boards Article 42 Duration

3 Article 43 Headquarters Article 44 General Wage Schedule Letter of Understanding Temporary Work Headquarters Letter of Understanding Pro-rated Entitlements of Part-Time Employees... Letter of Understanding Merging of Duties Letter of Understanding Hinnengan Arbitration with attached Schedules A, B and C On-Call Policy and Procedure 3

4 TABLE OF CONTENTS ALPHABETICAL ORDER Bereavement Leave Bulletin Boards Call Out/On Call Compassionate Transfer Copies of the Agreement Disciplinary Action Discrimination Duration Employee Categories Equipment and Clothing General Grievance Procedure Group Health Insurance Plans Headquarters Job Posting and Selection Jury Duty and Crown Witness Lay off and Recall Leave of Absences License and/or Professional Fees Managerial Rights... 7 Meal Allowance Mileage No Strike No Lockout... 7 Overtime Paid Holidays Pay Days Pension & Insurance Personal Tools Pregnancy/Parental Leave Progression Recognition... 6 Refusal to Cross Picket Lines Representation... 8 Retirement Section 31B Seniority Sexual Harassment Sick Leave Temporary Substitutions Time Allowance for Break and Clean-up Training Union Security and Check Off... 7 Vacation Wage Schedule

5 Working Hours Workplace Safety & Insurance

6 Collective Agreement Between Essex Powerlines Corporation (hereinafter referred to as the Company ) And Local Union 636 of the International Brother of Electrical Workers (hereinafter referred to as the Union ) A.F.OF L., C.I.O., C.L.C. Article 1 Recognition 1.01 The Company recognizes Local Union 636 of the International Brotherhood of Electrical Workers as the sole bargaining agent for all Employees in the outside, office and clerical staff, and the classifications listed in this Agreement, save and except: Supervisors, persons above the rank of Supervisor, Executive Assistants, staff requiring a professional designation, such as engineering or accounting (including C.A., C.G.A. C.M.A. or C.P.A,), students (including those hired on co-operative work programs), other summer or short-term Employees employed less than ninety (90) working days in any calendar year. A list will be provided to the Union of the positions excluded from the Bargaining Unit. The Company will, at all times, discuss with the Union, new positions, not included in the list. The Union is further recognized as the sole bargaining agent for any new classification, which may be created or established within the bargaining unit during the life of this Collective Agreement with respect to wages, hours of work and conditions of employment The Company shall discuss with the Union, through its designated representatives, all matters and grievances, which may arise between them during the life of this Collective Agreement. The Union will provide a current list of designated representatives every April 1 during the duration of Agreement, and advise the Employer of any changes thereafter The Company shall provide the Union advance notice in writing of all new classifications or jobs to be created within the bargaining unit or the company, during the term of this Collective Agreement. The rate and conditions of employment for any new classification within the scope of the Collective Agreement, created or established during the life of this Collective Agreement will be negotiated with the Union within thirty (30) days of such establishment and shall be reduced to writing, be appended and become part of this Collective Agreement. In the event that no agreement is reached, the Company may proceed with the posting of the position and the Union may invoke the grievance procedure as outlined in Article 15 of this Collective Agreement. 6

7 Article 2 Union Security and Check Off 2.01 All present Employees who are members of the Union, and those who subsequently choose to become members of the Union, shall maintain such membership in good standing as a condition of continued employment during the term of this Collective Agreement. All future Employees must become and remain members in good standing of the Union as a condition of employment during the term of this Collective Agreement The Company agrees to deduct, each week from the wages of all Employees covered by the terms of this Collective Agreement, as a condition of employment, dues as directed by the Union. The Company shall forward the deductions to the Union, together with an alphabetical listing of names showing the amount deducted from each Employee not later than the fifteenth (15 th ) of the following month. The Union shall notify the Company of any changes in the amount to be deducted at least thirty (30) days prior to the first day of the month in which such changes are to become effective The Company also agrees to deduct and remit an amount equivalent to the Union initiation fee from each new Employee upon the successful completion of their probationary period Union dues will be included on the Employee s T-4 slip (for income tax purposes). In consideration of these dues deducting and forwarding service, the Union agrees to indemnify and hold the Company harmless against any claim and/or liability arising out of /or resulting from, the collection and forwarding of these dues. Article 3 No Strike No Lockout 3.01 During the term of this Collective Agreement the Company agrees there shall be no lockout, and the Union agrees there shall be no slowdown, strike or stoppage of work. Article 4 Managerial Rights 4.01 The Company has and shall retain the exclusive right and power to manage its business and direct its working forces including, but without restricting, the generality of the foregoing, the right to hire, suspend, discharge, promote, demote and discipline any Employee. Any Employee who feels that such action has been taken without just cause shall have the right to seek redress in accordance with Grievance Procedure, Article 15 of this Agreement. 7

8 4.02 The Union recognizes that the Company has, and shall retain the exclusive right to manage and direct its operations in all matters, providing the exercise of such rights is not inconsistent with the terms and provision of this Collective Agreement The Company has, and shall retain the right to make and amend such rules and regulations as it shall from time to time deem necessary for the safe, efficient and continuous operation of the Company provided that such rules and regulations are not inconsistent with the terms and conditions of this Collective Agreement It is understood and agreed that under normal circumstances, the duties and responsibilities of Managerial Staff are of a supervisory nature. Their principal responsibility is to plan, assign and direct the work. Accordingly, those persons in positions outside of the Bargaining Unit shall not perform any of the work within the jurisdiction of the Bargaining Unit; except in cases of emergency or after every reasonable effort has been made to contact those who normally perform the work, or for the purpose of instructing and /or training Employees. For the purpose of this clause an emergency will be defined as: a sudden, unexpected occasion or combination of forces or events which demands immediate action or demand immediate attention due to a real or imminent threat of danger to life or public property. Article 5 Representation 5.01 The Union recognizes that the designated Union Representatives are employed by the Company and no designated Union Representative shall leave his/her work to perform his/her duties under this Agreement without obtaining permission of their Supervisor, which permission shall not unreasonably be withheld. Such time to investigate a grievance shall not be excessive or abused and shall only involve one (1) designated Union representative. Meetings between the Company and the Union will be convened during normal working hours and those in attendance will not suffer any loss of regular pay or overtime opportunity as a result of their participation in such proceedings. It is understood and agreed that in situations where meetings extend beyond the regular workday, no remuneration will be received. The Company shall discuss with the Union, through its designated representatives, all matters and grievances, which may arise between them during the life of this Collective Agreement During contract negotiations between the Company and the Union, the Parties shall share equally in the payment of wages for the members of the Union Bargaining Committee which shall consist of up to four (4) members as mutually agreed. Accordingly, the Union will be billed for their share for the wages of the members acting in this capacity - at their regular hourly rate with no additional burden assessed. 8

9 5.03 In order to provide an orderly and speedy procedure for the settling of grievances, the Company acknowledges the rights and duties of the Union Stewards. The Steward shall assist any Employee, which the Steward represents, in preparing and presenting his/her grievance in accordance with the grievance procedure. The Company agrees that the Steward shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties while investigating disputes and presenting adjustments as provided in this Article The Company shall provide the Union with a list of Managers who will deal with the Union s Labour Relations Committee. The Union shall provide the Company with a list of the members of the Labour Relations Committee, which may include a representative from the International Office of the I.B.E.W. and/or the Local Union Business Representative Meetings between the Company and the Labour Relations Committee shall be held when requested by either party but not more often than once every month. Matters to be discussed at any such conference shall be listed on an agenda to be supplied by the Party requesting the conference to the other Party at least five (5) working days prior to the day for which the conference is requested, unless otherwise arranged by the Parties When the time of Employees on Union business is payable by the Union, such time shall be charged at straight time rates with no additional burden. The Unit Executives shall be allowed a total of seventy-six (76) hours annually paid by the Company. This time limit may be extended by mutual agreement by the parties hereto. Once the total of seventy-six (76) hours annually are used, the Company shall allow the Unit Executives to have an additional total of eighty (80) hours to be used at the discretion of the Business Representative, which time shall be paid by the Union. The purpose of which will be to conduct Union business and shall be conditional upon the Company designate receiving three (3) days notice of time off for Union Business request. Further, when said request requirements cannot be adhered to due to an emergency, operational requirements of the Company shall take precedence. The total of seventy-six (76) hours annually paid by the Company are not cumulative and shall occur only when proper notice is given and information is provided in writing from the Business Representative with respect to who will be off-site and where the off-site meeting with occur. The additional total of eighty (80) hours paid by the Union are also not cumulative. For clarification the Unit Executive consists of the Unit Chair, Vice-Chair, Unit Recorder and the Chief Steward, the Unit Chair shall decide who requires the time off. In the event of a merger, amalgamation or sale of the Company, the Unit Chairperson shall receive an additional five (5) hours per month for the purposes of attending to the affairs of the Union, for a period of one (1) year from the date of the merger, amalgamation or sale. 9

10 5.07 Any time taken by an Employee as a result of his/her involvement as a Table Officer or Executive Board member of the Union shall be payable by the Union to the Company, such time shall be charged at straight time rates with no additional burden As part of the Company s orientation program, a representative of the Union will be offered an opportunity to meet with any new bargaining unit Employee. The meeting will be convened during normal working hours and limited to one-half (1/2) hour The Unit Chairperson shall be provided with a Company cellular phone. Article 6 Seniority 6.01 Seniority shall be defined as the length of continuous service with the Company as a member of the Union within the Bargaining Unit covered by this Collective Agreement. A seniority list shall be posted, and a copy is to be provided to the Union when changes occur Seniority shall prevail in making promotions, demotions, transfers, awarding job postings, lay-offs and recall following lay-off, provided that qualifications and ability of the Employee(s) are satisfactory Any person employed outside the Bargaining Unit, who is subsequently transferred into the Bargaining Unit, shall be recognized as a new Employee. As such, said Employee will not be given credit for past service with the Employer nor considered to hold seniority rights within the Bargaining Unit for the purpose of lay-off and recall, promotions, job postings and/or transfers. a) Any Employee who chooses to leave the Bargaining Unit but remains in the employ of the Company for a period exceeding six (6) calendar months, may be returned to the Bargaining Unit (provided the Company agrees to their return) but will lose his or her seniority in the Bargaining unit for the purposes of lay off, recall, job postings, promotions and/or transfers. If the Employee returns to the Bargaining Unit within the six (6) month period, he or she will retain their attained seniority as at the original date of transfer provided they have secured a withdrawal card from the Union Accumulated service credit shall be defined as the length of continuous employment by an Employee dating back to the most recent date the Employee entered the employ of the Company. Such time shall be recognized (for purpose of vacation and pension entitlement only) for any person employed by the Company outside the Bargaining Unit, who is subsequently transferred into the Bargaining Unit Any Employee who is injured during the performance of their duties for the Company shall, upon recovery, be entitled to return to their former position without a loss of any seniority rights provided that they are able to satisfy the requisite qualifications of their former position. 10

11 6. 06 Seniority During Absence If an Employee is absent from work because of sickness, accident, or leave of absence approved by the Company, he/she shall not lose seniority rights. An Employee shall only lose his/her seniority and ceases to be an Employee in the event: a) he/she is discharged for just cause and is not reinstated; b) he/she resigns/terminates voluntarily; c) fails to report to work within five (5) working days of recall, notice of which was sent by registered mail to the last address the Employee has filed with the Company; d) is absent from work for three (3) or more working days without permission unless the Employee provided the Company with verifiable third (3 rd ) party written evidence of unavoidable reasons for not reporting; e) is laid off and not recalled for a period of forty-eight (48) months from the first day of lay off When an Employee has been laid off and has returned to work under the provisions of the Recall clause in this Collective Agreement, their seniority shall be determined in accordance with this Article but shall not include any time on lay-off a) In the event that the Company merges or amalgamates with any other body, the Company undertakes to ensure its best effort, that: i. Unionized Employees shall be credited with all seniority rights with the new Employer. ii. All service credits relating to vacation with pay, sick leave credits, pensionable service, and other such benefits shall be recognized by the new Employer. iii. All work and services now performed by the members of Local Union 636 of the International Brotherhood of Electrical Workers shall continue to be performed by I.B.E.W members with the new Employer. iv. Conditions of employment and wage rates for the new Employer shall be equal to the best provisions in effect with the merging Employers. v. No Employee shall suffer a loss of employment as a result of a merger. vi. Preference in location of employment in the merged Utility/Municipality shall be on the basis of seniority. b) Merger of Services In the event of a merger of services, the Company undertakes to insure its best effort that the following procedure apply: 11

12 The Employees working in the services subject to the merger shall be transferred in the same job title to the new service according to the available jobs. In the event that the number of jobs to be filled (in a classification) is less than the number of Employees (in that classification) to be transferred, the jobs shall be filled by those Employees with the most seniority. Surplus Employees shall be offered alternate jobs in order of seniority. Should they refuse an offered position, they shall be considered as laid off and registered on the recall list notwithstanding clause 6.08 (a) v above. Article 7 Employee Categories Probationary Employees Any Employee hired into a continuing position with the Company shall be considered probationary during their first one hundred twenty (120) working days including training and paid holidays. During these periods of probation, the Employee shall not be considered as having regular employment status and, as such, will not be afforded the rights, privileges and /or entitlements defined by this Collective Agreement except for wages as attached in Schedule A hereto. The Company may dismiss a probationary employee for any reason, provided it does not act in bad faith and this shall constitute a lesser standard. Notwithstanding the foregoing, all Employees will be enrolled in the group benefit plans provided in this Collective Agreement after eighty days (80) working days including training and paid holidays. Upon successful completion of the probationary period, these Employees shall be recognized as Regular Employees and the seniority of said Employee will date back to the day on which employment first began. Any Employee working continuously for periods in excess of those defined herein, shall be required to make application for membership in the Union A Regular Employee as referred to, and recognized under the terms of this Agreement, is a permanent Employee, not classified as probationary, temporary, or excluded under the Recognition clause of the Agreement. These Employees shall be hired into the classifications governed by the Collective Agreement and entitled to the wages, benefits, rights and privileges defined herein. The use of Temporary Employee(s) and/or students shall not directly or indirectly cause a Regular Employee to be temporarily or permanently laid off, transferred to a lower paying classification, or have their hours of work or rate of pay reduced Temporary Employees Shall consist of those Employees hired only for a temporary period throughout the term of this Collective Agreement. Such Employees shall be informed that they are hired as Temporary Employees, and that they will not accumulate seniority or receive any benefits under this Collective Agreement unless otherwise specifically stated. It is understood and agreed that Employees hired in accordance with this clause shall continue to be employed for periods not to exceed, in the aggregate, six (6) months in any twelve (12) month consecutive period 12

13 (except in the case of maternity/parental leave or other extended periods of absence in which cases, this period shall be extended by mutual agreement for the period of the absence). In all cases, notifications shall be sent to the Unit Chairperson and Area Representative when an Employee is hired under these terms Regular Part Time Employees Shall consist of those Employees hired to assist in the operation on a consistent basis, and shall work a maximum of twenty-one (21) hours or three (3) days per week in a Clerical position and twenty-four (24) or three (3) days per week in a Trades Position, and may replace a full-time Employee due to vacation, sick leave and other approved leaves of absence that exceed four (4) weeks. The work week will be consistent with established work days; however, it shall be mutually agreed in writing to any alteration of these days. The Employee and the Union will be notified one week prior to any proposed alteration. These Regular Part-time Employees shall be entitled to receive benefits (as outlined by this Agreement) with fifty percent (50%) of the applicable premiums being paid by the Company and fifty percent (50%) being paid by the Permanent Part-time Employee as he/she chooses to participate. Life insurance and AD& D and Disability benefit to be calculated based on Regular part-time hours (21 or 24) at all times. All Company supplied fringe benefits such as paid vacation, sick leave and holiday pay shall be pro-rated based on hours worked Students - The Company may hire students during any school vacation periods and/or on cooperative work programs. The term student shall mean a person who has provided proof of his/her enrollment to return to school, at an accredited college or university on a full-time basis for the current school year. The Company will provide the Union with a list of students. However, the term of their employment shall not exceed one hundred and twenty (120) days worked in any calendar year (unless otherwise agreed in writing between the Parties), except in the case of cooperative students who shall be allowed to work up to two (2) consecutive cooperative terms to a maximum of one hundred and sixty (160) working days. Article 8 Progression Advancement through the various steps in each classification shall be by progression (as outlined in Schedule A) and is subject to satisfactory performance, the successful completion of appropriate training courses, as well as the minimum required time limits for provincially recognized skilled trades. Normal time periods between each of the steps shall be twelve (12) months Subject to 8.01 above, Employees shall progress from minimum to maximum as indicated in the respective wage schedules. However, in the event that an Employee fails to make satisfactory progress, his/her advance may be withheld for a period of six (6) months. When 13

14 progression is withheld, Management shall notify the Union and Employee and give the reason for withholding progression, his/her progress and general performance shall be reviewed within twenty (20) working days of the completion of the withholding period. If his/her progress and general performance are then found to be satisfactory, he/she shall be granted the routine progression from the point in time when his/her progress and general performance are found to be satisfactory and if his/her performance continues to be satisfactory, twelve (12) months later he/she will be granted his/her next progression. If, however, their performance is not deemed by the Company to be satisfactory, the Employee will be returned to their former classification. In the event that the Employee was hired directly into the subject position, and no other suitable positions are available, the Employee s employment shall be terminated A new Employee having given satisfactory proof of previous training in the work of the classification to which he/she is assigned shall be paid a rate in proportion to the rates set forth in the wage schedule. This determination will be made at the sole discretion of the Company at the time of hiring and therefore, not subject to the grievance procedure. Article 9 Compassionate Transfer 9.01 A regular Employee who has worked for thirty (30) years or who has attained the age of fifty five (55), and who is unable to carry out the full duties and responsibilities of their job (and has had their condition substantiated by an independent medical practitioner) may be transferred to other work they are capable of performing, if available, and will remain at their pre-transfer rate (red-circled). This will remain in effect until such time the Employee attains their retirement age eligibility as defined by O.M.E.R.S. Article 10 Job Posting and Selection Any opening, which occurs within the Bargaining Unit, shall be posted on the bulletin board for five (5) working days. Each posting shall give a complete description of the job posted. If it is anticipated that a job posting will be made available during an Employee s scheduled vacation period, the Employee will be afforded an opportunity to submit an application for said vacancy prior to the commencement of their vacation indicating their willingness and desire to be considered for the job In determining the successful candidate for a classification posting within the Bargaining Unit, seniority will be the governing factor providing the Employee has sufficient ability and qualifications to perform the work available In the event that there are no applicants from within the Bargaining Unit where the vacancy has occurred and relevant Articles have been complied with, the Company shall fill the vacancy as it chooses. 14

15 10.04 The successful applicant from the Bargaining Unit for a job opportunity posting shall be allowed a training and qualifying period of not more than sixty (60) working days for determination of whether or not they can meet the job requirements, which period may be extended by written mutual agreement between the Company and the Union. If the Company decides the applicant is not competent to perform the work of the new classification or if the applicant decides they no longer want the position within the first twenty (20) working days, the applicant will be transferred back to their former classification The Company shall notify the Union in writing of the names of the internal applicants and the accepted Employee Since it is in the mutual best interests of the Parties to this Collective Agreement to provide the highest level of training and development possible for new Regular Employees and/or Regular Part-Time Employees (or a current Regular Employees and/or Regular Part-Time employee in a new classification), it is hereby agreed that representatives from both Union and Company will monitor and regulate the progress of new Regular Employees and/or Regular Part-Time Employees in any such program. In the event that further training is necessary in order to fully develop the skills and competency of an apprentice, the periods defined by this Collective Agreement may be extended through mutual written agreement between the Parties All Regular Employees and/or Regular Part-Time Employees will be afforded an opportunity to post for any vacancy with the Company as same becomes available. Article 11 Temporary Substitutions Assignments to a non-supervisory position: Any Employee who is assigned to a higher paid classification (rate per Schedule A) shall be paid the rate of the higher classification for any and all time served while acting in this capacity. In the event of an Employee being temporarily assigned work in a lower paid classification he or she shall continue to be paid the higher rate of their regular classification Assignment to Lead hand positions: Qualified Employees, that are temporarily in charge of one or more Employees will be assigned on the basis of seniority and will be paid per Schedule A. It is further understood that this Article shall not apply during inclement weather when crews are in the shop or in the yard Assignment to a Sub Foreman: Employees who currently hold Lead positions that are temporarily assigned by the Company to be in charge of one or more Employees, including Leaders, to Sub Foreman positions will be assigned on the basis of seniority and will be paid per Schedule A. 15

16 11.04 Assignment to an Acting Supervisor position: An Employee, who is temporarily assigned by the Company to a classification that is Supervisory in nature, shall be paid 5% above the highest rate supervised. Article 12 Training a) The Company will continue to provide training to all Employees progressing through the skilled trades or other classifications. Such training will be provided with the full costs being paid by the Company. During the training period, the Employee will be paid by the Company in accordance with the schedule in the Collective Agreement. At no time will any Employee in a program suffer any loss of regular wages, benefits or other entitlements as a result of their enrollment or participation in any such program. b) Travel costs for traveling where overnight stay is required compensation will be as follows: per kilometer rate for use of personal vehicle or best travel mode as determined by the Company, actual accommodation cost, as arranged by the Company, and a meal allowance for all meals not included within the training program, to be paid as per Company policy. c) Travel costs for travel in Essex County and surrounding areas, where no over night stay is required, compensation will be as follows: per kilometer rate for use of personal vehicle and reimbursement if a lunch is not provided, to be paid as per Company policy Training after hours: Employees may elect to partake in after hours educational programs. If related to their employment with the Company, and approved as required for their position, the Company will pay for the program/course cost on the provision that the Employee successfully completes the course and obtains certification. At no time will the Employee s time to attend this course be considered hours of work. Article 13 Lay off and Recall Bargaining unit seniority within classifications will be the determining factor in lay-offs and recalls following lay-offs Should lay-offs be deemed necessary within a given classification or group of classifications, Employees shall be laid off in reverse order of seniority. Any Employee so affected, shall be entitled to displace any Employee with lesser seniority in any other classification, provided that said Employee is capable and qualified to perform the work of the junior Employee In the event that a reduction of staff does occur, it is expressly understood that probationary and/or temporary Employees, students, contractors or any other persons who are not permanent Employees of the Company shall be released before any Bargaining Unit Employee is laid off. 16

17 a) The Company will provide the Union with written notification of any proposed layoff and/or classification elimination in accordance with the Employment Standards Act. b) The Company will provide the Employee(s) affected with written notification of any proposed layoff and/or classification elimination in accordance with the Employment Standards Act Any Employee laid off on account of business conditions shall be given preference for re-employment when business conditions justify, if such Employee is available, subject to seniority rights. The Employee must exercise this option to return to work within one (1) week of recall, notice of which has been sent by registered mail, or delivered to the last address reported by the Employee to the Company Technological change shall mean the introduction of equipment or material of a different nature or kind from that previously used by the Company, together with a change in the manner in which the Company carries on its operations that is directly related to the introduction of that equipment or material. Where new or different skills are required than are already possessed by the affected Employees as a result of a technological change, such Employees shall, at the expense of the Company, be given a reasonable period of time, without reduction of hours of work or rates of pay, during which they may acquire the necessary skills required An Employee who becomes redundant or is displaced from his job as a result of technological change shall have an opportunity to fill any vacancy for which he/she has seniority and which he/she is able to perform, and if there is no vacancy, shall have the right to displace Employees with less seniority provided he/she is able to perform the job of the Employee to be so displaced Mixing of Power Linemen Crews (Conditions) The Union recognizes that the Company may from time to time assign certain work to contractors, or other utility companies (Non Company Employees) who may occasionally be required to work on site at the same time as the Company Employees. The assigned Non Company Employees must have sufficient ability and qualifications to perform the work. Supervision and accountability for all crews during such occasions will be the responsibility of the Company Supervisory staff. At no time will a Non Company Employee and a Company Employee constitute a crew. Qualifications, training and work practices of the Non Company Employees must be in accordance with the requirements of the Company. It is further understood all work will be conducted in accordance with the current Health and Safety Policy and Procedure Manual of the Company. 17

18 a) Contracting Out the Company shall retain the right to enlist the services of contractors provided that the contracting out of work that can be performed by Employees in the Bargaining Unit does not directly or indirectly cause any Employee covered by the terms of this Collective Agreement to be discharged, indefinitely and/or temporarily laid off, transferred to a lower paying classification or have their regular hours of work or wages reduced. b) No Lay Off Guarantee - Notwithstanding Article 13.03, the Company agrees that in the event of a merger there shall be no lay off of any bargaining unit Employee during the life of this Collective Agreement. Notwithstanding the foregoing, the Company reserves the right not to fill vacant positions which may arise due to the voluntary exit of Employees and/or through attrition. The Company further reserves the right to reassign any Employee(s) to any existing and/or newly created positions within the bargaining unit. Should such transfer be to a classification carrying a higher wage rate, the affected Employee shall receive the higher wage rate. However, should such a transfer be to a lower paying classification, they shall continue to be paid at the rate of their former classification until such time as the rate of their current classification (red-circled) equals their former rate. Thereafter, any Employee so affected will be paid in accordance with wage schedule outlined by this Collective Agreement. Article 14 Disciplinary Action When an Employee is directed to appear before Management personnel for reprimand, disciplinary action, suspension and/or discharge, the Union Steward will be notified of the reason and be invited to attend. If a representative of the Union is not present, any action taken will not be considered a matter of record. A memorandum of such proceeding shall be submitted to the Union s Business Representative in writing within three (3) days of the meeting. a) When reprimanding an Employee for a current incident, the Company shall not take into account any prior infractions providing the Employee has a clear record for two (2) years immediately preceding the current incident. If the Company s record is not clear for the said two (2) years, the Company may consider previous discipline up to five (5) years previous to the current incident. b) When an Employee is suspended, the Union Steward shall be verbally notified of the suspension as soon as possible and the Business Representative of the Union will be notified in writing, within three (3) working days of the date of the suspension, as to the duration and causes. Any suspended Employee, shall have the right to the grievance procedure and if exonerated shall be reimbursed for lost time, wages and benefits to which he would be entitled under the terms of the Collective Agreement. 18

19 c) No Employee covered by this Collective Agreement shall be disciplined or discharged except for just cause, (which shall be defined as actions which are well grounded, fair, equitable and proper). d) Letters of Reprimand: Any Employee having two (2) years of work without written reprimands being placed on his/her record will have any existing records removed from his/her personnel file. (Letters pertaining to ability and attendance will not be considered to be letters of reprimand and will remain indefinitely in the personnel file). In the case of a written reprimand in the Employee s file, a copy of said reprimand must be given to the Employee and the Union without undue delay All meetings regarding discipline shall be scheduled on company time, and shall not go beyond the end of the regularly scheduled shift of the Union Representative. Article 15 Grievance Procedure For the purpose of this Agreement a grievance is defined as a dispute, claim or complaint involving the interpretation or application of the provisions of this Collective Agreement. a) No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the grievance. b) Grievances arising under this Collective Agreement shall be adjusted and settled as follows: c) Where a grievance arises as a result of a discharge, the Union may present such grievance on behalf of the employee at Step 3 of the grievance procedure. d) An Employee shall have the right to be accompanied by a representative of the Union at any and all times during the grievance procedure. e) Either party may file a Policy and/or Group Grievance by issuing notice to the other party (in writing) - within five (5) working days of learning of the occurrence giving rise to said grievance - outlining the cause and redress sought. Any such grievance will be filed directly with Management and settled within five (5) working days thereafter. Should satisfactory settlement not be made, the dissatisfied party may seek resolution through arbitration. Union Policy Grievances may not be substituted for individual grievances. STEP 1 The aggrieved Employee shall present his/her grievance orally to his/her immediate Supervisor and a sincere effort shall be made to resolve the complaint. If a settlement satisfactory to the Employee concerned is not reached within three (3) working days 19

20 STEP 2 the Union together with said Employee then, may present his/her grievance as follows at any time within two (2) working days thereafter. The Union, on behalf of the aggrieved Employee then shall submit his/her grievance in writing to the Supervisor or designate. The written grievance shall specify the matter complained of, the parts of the Agreement alleged to be violated, and the remedy desired. The Supervisor or designate shall reply in writing within five (5) working days and in the event of a satisfactory settlement not being reached the matter may be referred in writing to the President by the Union for consideration at a regular or emergency meeting within five (5) working days. STEP 3 The President and/or his duly authorized representative will convene a meeting with the Area Business Representative of Local 636, I.B.E.W., the Union Steward and the aggrieved Employee within five (5) working days. A written decision will be delivered within five (5) working days after the meeting, to the Union Steward and the Area Business Representative of Local 636, I.B.E.W. STEP 4 If final settlement of the grievance is not reached within ten (10) working days of the meeting, the grievance may be referred within ten (10) working days, but not later, by either party to arbitration. Provided the grievance has been processed in the manner herein before laid down and within the time limits prescribed Arbitration - When either party to this Collective Agreement request that a grievance be submitted to arbitration, it shall make such request in writing, addressed to the other party and, at the same time, provide names of Arbitrators, to act as a Sole Arbitrator. Within ten (10) working days thereafter, the party receiving the request shall provide in writing names of Arbitrators, to act as a Sole Arbitrator. If the parties are unable to agree on an Arbitrator within thirty (30) working days of the notification submitted in Step 4, the matter will be referred to the Minister of Labour of the Province of Ontario, who will be requested to make the necessary appointments. Where an Arbitrator determines that an employee has been discharged or otherwise disciplined by the Company for cause, and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty for the discharge or discipline as the Arbitrator seems just and reasonable in all the circumstances. 20

21 General Notes Any portion of these procedures may be waived or altered by mutual agreement, in writing, between the parties of this Collective Agreement. Where no such mutual agreement is reached, failure of either party to act within the time limits shall mean the any related grievance rights are forfeited on a with prejudice basis. The reference to "Working days" in this section, and the reference to similar time limits expressed in subsequent sections of the grievance procedure shall be interpreted as days that are exclusive of Saturdays, Sundays and statutory holidays. Group Grievance Where an issue relating to the interpretation or alleged violation of the collective agreement directly affects more than one (1) employee such that they each would be entitled to file a grievance, the employees may file a group grievance signed by each of the employees claiming to be affected. A group grievance shall be filed at Step 3 of the grievance procedure within five (5) working days of the occurrence of the circumstances giving rise to the grievance. Policy Grievance Any complaint or grievance arising directly between the Company and Union shall be originated under Step 3 and the time limits set out in that step shall appropriately apply. However, it is expressly understood that the provisions of this paragraph may not be used to institute a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not be thereby bypassed. All grievance meeting shall be scheduled on company time, and shall not go beyond the end of the regularly scheduled shift of the Union Representative. Article 16 Working Hours OUTSIDE STAFF: Forty (40) hours shall constitute a work week, Monday to Friday daily eight (8) hours will be worked between 7:30 a.m. to 3:30 p.m. on a year round basis with a twenty (20) minute paid lunch. OFFICE STAFF: Thirty-Five (35) hours shall constitute a work week, Monday to Friday, daily seven (7) hours will be worked between 8:30 a.m. to 4:00 p.m., with one-half (1/2) hour off for lunch. Employee classifications of Distribution Design Technician/Analyst and Distribution Design Technologist work hours shall be 7:30 a.m. to 4 p.m., with one-half (1/2) unpaid for lunch on a year round basis. Employees working on the Company s premises shall remain on the Company s premises during their paid lunch period. 21

22 Note: The hours of work may be subject to change only by mutual agreement in writing between the parties Work hours as defined in Article shall be used in the definition and meaning of normal scheduled hours and regularly scheduled shift throughout this agreement. Article 17 Time Allowance for Break and Clean-up a) All Outside Employees shall be granted ten (10) minutes clean-up time immediately before lunch break and ten (10) minutes clean-up time immediately before quitting time. b) All Outside employees shall have a fifteen (15) minute break at approximately mid-morning and mid-afternoon. All Inside employees shall have a fifteen (15) minute break at approximately mid-morning and mid-afternoon. c) Employees working on the Company s premises shall remain on the Company s premises during their paid rest breaks. Article 18 Overtime Only Regular Employees and Regular Part-Time Employees shall be paid for all overtime worked at twice (2x) the standard hourly rates. Overtime required in the department will be distributed equitably among those capable of performing such work in said department on an annual basis. The Company will update the overtime list when overtime is worked. Overtime as used, herein, means that part of the actual working time which is outside normal scheduled hours and is, therefore, subject to compensation at premium rates. a) Emergency Overtime work outside normal scheduled hours for which there has been no pre-arrangement, for which time shall be paid thirty (30) minutes prior to when the employee arrives at headquarters (Oldcastle) and ends upon return to headquarters (Oldcastle). b) Daily Overtime (Monday to Friday) In the event scheduled work cannot be completed within a required timeframe, the normal workday may be extended to ensure the job is completed, per customer requirements. Overtime may be required by the crew assigned to that job and others as necessary, per the Overtime Equalization Sheet. c) Pre-arranged Overtime Work performed outside normal scheduled hours for which notification must be given a minimum of forty-eight (48) hours in advance. In the case of failure to give forty-eight (48) hours notice such overtime shall be considered emergency overtime and subject to all such provisions. 22

23 d) The opportunity for overtime shall be distributed on a rotational basis using a total hours concept in each calendar year among the qualified Employees normally performing the work. The opportunity for overtime whether it be continuous, contiguous or call-out will first be afforded in accordance with the terms and conditions detailed in the following paragraphs: i) Overtime will be offered to the qualified Employee with the lowest number of accumulated hours on the list. If hours are equal, seniority shall prevail. ii) It may not be required to utilize the overtime list in the event that an existing job extends beyond the regular work day. It is further understood the person or the crew shall be offered the overtime opportunity to maintain job continuity. In the event that additional staff is required the overtime list shall be utilized. iii) Each Employee will be charged for hours worked or if they are unavailable for work for the maximum number of hours worked by any other Employee on his list working on the same job. It is understood that when an Employee calls in sick, they shall be deemed unavailable for the remainder of that day. iv) Employees shall be considered on vacation during normal scheduled hours only. Outside of normal scheduled hours they will be eligible to work available overtime. The Employee will be required to notify the Company in writing of availability while on vacation. v) Each list will be started fresh by seniority with zero hours charged to each Employee beginning the first pay period of each year. e) When the Journeyman list is exhausted and adequate manpower cannot be obtained, the Improver Journeyman list will operate on the same basis as the Journeyman list, provided it can be performed according to the Essex Power Policy which is in accordance with the E. &U.S.A. Rule Book In addition, any Employee who has been required to work in the eight and one-half (8.5) hour period immediately preceding their regularly scheduled shift are entitled to these special provisions. a) If an Employee works a minimum of four (4) hours but less than six (6) hours in this period, he/she is entitled to a four (4) hour rest period at home. Rest time to begin at the start of the regularly scheduled shift or midday if so desired. Employee working overtime that requires a rest period must notify the Supervisor by phone. 23

24 b) If an Employee works six (6) to eight (8) hours in this period, he/she is entitled to an eight (8) hour rest period at home. Rest time to begin at the start of the regularly scheduled shift. c) If an Employee s hours of rest overlap into their regular working hours, or pre-determined and approved vacation, they will be paid their regular hourly wage during this period. d) When and Employee is scheduled to work planned overtime and such work is cancelled, the Employee shall be paid four (4) hours at their standard hourly rate unless the Employee is notified of the cancellation at least one (1) hour prior to the scheduled commencement of such work Regular Employees who work management approved overtime may select to accumulate in each calendar year up to forty (40) overtime hours worked to be taken as time in lieu at the rate of two (2) regular working hours off with pay for each hour banked subject to the following conditions: a) There shall be no payment for overtime worked for hours so banked for this purpose except in accordance with relevant Articles. b) Any hours so banked but not taken as time in lieu by December 31 st of each year shall be paid at the rate in effect as of December 31. c) Use of this time must be approved by the Company. Article 19 Call Out/On Call MINIMUM CALL Employees called in, either for emergency or planned work, outside of normal scheduled hours shall receive a minimum of four (4) hours at the regular rate ON-CALL/STANDBY SYSTEM a) Only those Employees who are qualified (ie. Journeyman Linemen including those newly hired upon the successful completion of the probationary period will be assigned to the on-call rotation for a period of seven (7) consecutive days at a time. There shall be two (2) Employees on call at all times. b) Such assignment will be rotated on an equitable basis and each tour will begin on Wednesday, commencing at regular quitting time, and completing on the following Wednesday, at regular starting time. c) During each tour of duty, the Employee On Call will be supplied with a cellular telephone, pager and a Company vehicle. d) All appropriate personnel who are recognized On Call will be required to respond to emergencies which occur outside regular working hours. However should additional help be required, they will be called out in accordance with Article 18 and other provisions of the Collective Agreement. 24

25 e) Substitutions and or mutual shift change for On Call duty are permissible provided that the Supervisor is informed in advance. f) Employees designated for On-Call will be paid an additional premium as follows: i. For each day and amount equivalent to one hundred percent (100%) of the hourly wage rate for a Journeyman Lineman. ii. For each paid holiday, the Company will pay one hundred and fifty percent (150%) of the hourly wage rate for a Journeyman Lineman. iii. It is understood that on days when On Call responsibility is transferred, only the Employee beginning the On Call assignment shall be paid this premium for that day. g) In the event that the Company is unable to fulfil the mandatory requirement of having two (2) On-call Employees at all times, the Company shall have the right to require the lowest seniority qualified Employee to fulfil the On-Call duties Employees On Call will be expected to respond to an emergency within ten (10) minutes of first receiving any call and shall be on route to the subject matter location within twenty (20) minutes. It is understood that payment for any overtime call shall commence at the time called and until such time the Employee returns home. When a subsequent call or calls are received while attending to the original call, these subsequent calls shall be considered as a continuous overtime from the time of the original call While On Call, Employees called in for emergency work outside normal working hours will be paid a minimum of four (4) hours at the regular rate It is understood that the On Call pay will be recognized as pensionable earnings The Company will allow personal use of vehicle in all of Essex County (excluding the City of Windsor) pursuant to Policy and Procedure language attached hereto Car pooling shall be allowed for on-call employees only so long as there is one location to be picked up and dropped off from and so long as said location is the shortest path between work and the on-call employee s residence. Car pooling location will be mutually agreed to between the Union and Management It is understood that there shall not be any non-employees in the vehicle Any employee who uses the Company vehicle for personal use must record all millage and the vehicle shall be deemed a taxable benefit as defined by the Canada Revenue Agency (CRA). Such records shall be supplied to the Company at the conclusion of each on-call assignment. 25

26 Article 20 Meal Allowance Conditions Governing Allowance for Meals a) The Company shall not require an Employee to carry more than one meal and unless released from duty shall provide meals. b) During overtime work the Company shall provide a meal allowance of fourteen dollars ($14.00), non taxable, to any Employee who works greater than two (2) hours, either at the beginning or the end of their regularly scheduled shift and then again after every four (4) hours. This allowance will be issued on the Employee s regular pay cheque. c) In the event of any emergency call out, a meal allowance will be paid when an Employee has worked greater than two (2) hours of work and every four (4) hours thereafter. d) If the Company provides meals, a meal allowance will not be paid as above. Article 21 Leave of Absences Leave of Absence Without Pay Any Employee covered by this Collective Agreement may, at the sole discretion of the Company, be granted a leave of absence without pay for legitimate personal reasons with the Company continuing to pay its normal share of fringe benefits (ie. Life Insurance and Group Health Insurance) to provide continued coverage during such periods of up to one (1) month in any calendar year Personal Medical Emergencies: An Employee may use up to one (1) day per calendar year of their sick leave bank for the purpose of attending to personal medical emergencies. Any such leave shall be deducted from the employee s sick leave accumulation. a) The application of this leave is restricted to spouse, children (including step children), parents and requires that the employee is the only one available and/or capable of assisting in the personal medical emergency Union or Public Office Leave Any Employee who is elected or selected for a full-time position with the Union, or any organization with which the Union is affiliated, or who is elected to public office, shall be granted leave of absence without pay and without loss of seniority for the term of office if elected, or up to three (3) years if appointed and on a year to year basis thereafter with mutual agreement between the Company and the Union. Public office shall be deemed to be municipal, provincial and federal offices. 26

27 Article 22 Pregnancy/Parental Leave The Company shall grant maternity and/or parental leave as leaves of absence without pay in accordance with the statutory requirements in effect from time to time under the Employment Standards Act, as amended or any successor legislation Pregnancy and Parental Leave - Pursuant to the provisions of the Employment Standards Act, an Employee who is pregnant and who has been employed for at least thirteen (13) weeks immediately preceding the estimated date of her delivery, shall be entitled to a pregnancy leave. The Employee shall give written notice at least two (2) weeks prior to the date upon which she intends to commence the pregnancy leave and provide a certificate from a legally qualified medical practitioner stating the expected birth date. If special circumstances arise out of pregnancy and it is not possible to meet the obligation for notice, such notice as referred to above must be provided within two (2) weeks of stopping work. The pregnancy leave continues for seventeen (17) weeks after it began. The Employee may end the leave by giving at least four (4) weeks written notice of the day she intends to return Parental Leave - An Employee who has been employed for at least thirteen (13) weeks is eligible for parental leave - whether they become a parent through the birth of their child, through adoption or if they are in (or enter into) a relationship of some permanence with a parent of a child and they intend to treat the child as their own. Such leave must commence within fifty-two (52) weeks of the day the child was born and/or comes into the custody, care and control of the Employee for the first time. Parental leave ends thirty-five (35) weeks for birth mothers and thirtyseven (37) weeks for all other parents after it began or on an earlier day if the Employee gives the Company at least four (4) weeks written notice of that day Where an Employee has given written notice to begin either a pregnancy and/or parental leave, that notice may be changed to an earlier or later date by giving at least two (2) weeks written notice The Company will continue to pay the Life Insurance and Employee s Health and Welfare Benefits while on maternity or parental leave for a period of up to one year from the date of the leave. a) For the ensuing year, if the Employee applies for a leave of absence to extend their maternity or parental leave, per Article 21.01, will have the opportunity to participate in the Company s Health and Welfare benefits by means of submitting a payment, to the Company for the premium. 27

28 22.06 In the case of O.M.E.R.S., Employees who choose to pay their portion, if any, of the premiums for such premium based benefits, may make such arrangements with the Company as are mutually satisfactory, but failing such arrangements, it would be expected that the Employee would make such payments per O.M.E.R.S. Regulations. a) Where an Employee gives written notice that they do not wish to pay their portion of a premium for O.M.E.R.S., coverage will be discontinued and enrolment upon their return to work shall be subject to the requirements of the carrier. If the Employee continues to pay their contribution, the Company will do the same An Employee will continue to accumulate seniority during pregnancy and/or parental leave Upon their return to work, the Employee shall be reinstated to the position the Employee most recently held - if it still exists - or to a comparable position if it does not. The reinstated Employee shall be entitled to be paid the wages the Employee was earning at the time the leave commenced or the wages the Employee would be earning if the Employee worked throughout the leave - whichever is greater. It is understood that this clause does not override the provisions of Article 8 or Schedule A and no Employee returning from a maternity or parental leave would be entitled to wage progressions that would have been earned had they continued to work Pregnancy/Parental Leave S.U.B. Plan - When an Employee is off work (on pregnancy/parental leave) due to the birth and/or adoption of a child, it is understood and agreed that the Company will provide Supplementary Unemployment Insurance Benefits (only during the period defined by the Plan for pregnancy/parental leave) as follows: a) During the first two (2) weeks of the E.I. waiting period, the Company agrees to pay the Employee seventy-five percent (75%) of their normal (gross) weekly earnings less statutory and Collective Agreement deductions. The Employee shall be ineligible for this benefit should they not receive E.I. benefits as outlined below. b) During the next fifteen (15) weeks (or shorter period if the Employee elects to return to work), the Company shall pay the Employee fifteen percent (15%) of their normal (gross) weekly earnings. However, it is understood and agreed that the total compensation received (from this plan together with E.I. benefits) shall not exceed seventy-five percent (75%) of the Employee s normal (gross) weekly earnings, less statutory and Collective Agreement deductions. 28

29 c) The Employee must prove that they have applied for - and are in receipt of - Employment Insurance Benefits in order to receive payments under the S.U.B. Plan (except during the E.I. waiting period). Copies of the E.I. benefits stubs will be provided to the Company to confirm that the Employee is in receipt of such benefits. d) A separate record of S.U.B. payments shall be kept by the Company and available (with the written member s permission) to the Union upon request. e) The Company shall register the Plan with Human Resources Development Canada. Article 23 Bereavement Leave Bereavement Leave is intended to grant an Employee time off with pay, so not to experience any financial hardship while they are mourning the death of a loved one The amount of time granted, per schedule below, will be the number of working days granted, if needed, beginning on the date of the death In the event the death occurs during the Employee s vacation, or on a Paid Holiday they will be entitled to an extension of their vacation equal to the time they would have been granted had they not been on vacation. Notice to be provided to the company forthwith in the event of said circumstance Bereavement Leave will not be granted to Employees in situations where compensation is already provided, such as, when the Employee is collecting WSIB payments or sick leave benefits due to an illness or accident Eligibility for bereavement leave will be based on the schedule below: Immediate Family Working Days Other Relatives Working Days Spouse 5 Step Grandmother/Grandfather 1 Mother/Father 4 Aunt/Uncle 1 Son/Daughter 5 Niece/Nephew 1 Sister/Brother 4 First Cousins 1 Mother/Father-in-law 3 Step Granddaughter/Grandson 1 Son/Daughter-in-law 3 Grandmother/ Grandfather-in-law 1 Sister/Brother-in-law 3 ***Death of an Employee 1 Grandfather/Grandmother 3 Pall Bearer* 1 Grandson/Granddaughter 3 Step Mother/Father 3 Step Sister/Brother 3 Step Son/Daughter 3 29

30 * Pall Bearer entitlement shall not be used as an additional day when bereavement taken for Immediate Family or Other Relative *** Denotes that in the event of a death of an Employee the Company may not shut down its operations and therefore the Company reserves the right to reasonably determine the number of Employees that will be permitted to attend the funeral services that occur during regular business hours. a) Those other relatives of the Employee, as defined by the Family Law Reform Act, will also be in the above schedule and deemed to be categorized as one (1) day. b) For all the above, in extenuating circumstances, the Company may grant an extension. Article 24 Jury Duty and Crown Witness It is agreed that an Employee who is absent from work due to being called for jury duty and/or jury selection or subpoenaed as a witness shall be paid by the Company the difference between the earnings he/she would have received if he/she had been employed under his/her regular schedule and the amount paid him/her from the Courts or any other party, provided: a) The Employee gives the Company prior written notice that he/she has been called for jury duty or subpoenaed. b) The Employee furnishes to the Company satisfactory proof of such jury duty or subpoena, showing the date and time served plus the amount paid for duty. c) The Employee reports to work on his/her regular schedule on the days he/she is not required for jury duty or serving as a witness and is released prior to 12:00 noon, and the next regular scheduled day following his/her dismissal from jury duty or serving as a witness provided such dismissal occurs after 12:00 noon. Article 25 Vacation All Staff: All Employees shall be entitled to vacation with pay annually as follows: In the first (1 st )* and second (2 nd ) year of active employment Two (2) weeks In and after the Third (3rd) calendar year Three (3) weeks In and after the Eighth (8th) calendar year Four (4) weeks In and after the Fourteenth (14 th ) calendar year Five (5) weeks In and after the Twenty-second (22 nd ) calendar year Six (6) weeks * Vacation during first (1 st ) year of work shall be prorated based on date of hire 30

31 25.02 Vacation with pay shall mean the normal basic earnings for the Employee s regular classification Vacations will as far as it is practicable, be granted at times most desired by Employees. An Employee to ensure consideration of his/her desire must notify the Company of his/her preferred vacation period for that year and the first full work week of the next calendar year by April 1 st in any given year. An Approved Calendar will be posted not later than April 15 th in the respective departments. Vacations shall be taken during the calendar year of entitlement. a) If the requests of two or more Employees in a department conflict when applied for before April 1 st and with respect to vacation dates after April 1 st and all other attempts to resolve this conflict have failed, the Company will grant vacation giving preference to the Employee having the most seniority accumulated while in the service of the department concerned. b) If the requests of two or more Employees in a department conflict when applied for on or after April 1 st and all other attempts to resolve this conflict have failed, the Company will grant vacation as follows: i) By seniority if applied for on the same day; or ii) On a first come first served basis at all other times; As of August 31 of each year the Company will advise each employee of any unscheduled vacation. The Employee will be required to schedule any unscheduled vacation by Sept. 30. Any unscheduled vacation as of October 1 will be scheduled for the Employee by the Company, to be taken as scheduled prior to December 31. The Company may grant a carry over of up to five (5) working days into the subsequent year, upon receipt of a written request not later than November 30 th of that year Vacations for periods of January 1 st to April 15 th, Employees shall submit vacation requests by December 15 the previous year with the vacations being determined by December 30. Any vacations not scheduled will be approved on a first come first served basis applicable rules apply as noted in (a) below. a) When the requests of two (2) or more Employees in a department, received on the same day, requesting the same day(s), conflict and all other attempts to resolve this conflict have failed, the Company will grant vacation giving preference to the Employee having the most seniority accumulated while in the service of the department concerned. All requests for vacation beyond the first full week of the next calendar year received prior to December 15 will be deemed to have been received on December

32 25.06 All vacations shall be taken during the calendar year after which, they were earned except vacations unused because of sickness or accident or as otherwise expressly provided by the Company. Vacations unused because of sickness or accident shall be taken in the year of return to work or paid at the end of the calendar year at the prevailing rate. If the sick or injured Employee should retire, terminate employment or die, the vacation entitlement of such Employee shall be paid at the regular pay rate applicable to such Employee at the time of termination of employment, retirement or death to such Employee or the estate of such Employee Once an Employee s vacation has been requested and subsequently approved by the Company, it shall not be cancelled, postponed, or interrupted by the Company except in the event of an emergency. Should an Employee s vacation be cancelled or postponed the Company agrees to provide full reimbursement for any deposits, cancellation fees or other such expenses incurred by the Employee for such action upon production of receipts Vacations must be taken at minimum, in blocks of one half (1/2) regular day, with the exception of emergency situations. Article 26 Mileage Any Employee using their automobile on Company business at the request of the Manager or Supervisor shall be paid in accordance with Company policy. The Union will be provided with a copy of the current policy, and a copy posted for all Employees to see. Article 27 Sick Leave Each regular Employee shall accumulate 1 1/2 days per month (18 days per year) to be used as sick leave without loss of pay. An Employee will be entitled to the foregoing accumulation of sick leave credits provided he/she has worked more than half on the working days in any calendar month, unless the absence is as a result of a recognized W.S.I.B. claim, or substantiated jury duty subpoena The Company recognizes that Employees may have an accumulated sick leave entitlement. The Parties agree that there is no cash value associated with this accumulated time. It is further understood that this bank can be accessed for the elimination period for S.T.D., W.S.I.B., and for sick absences that may occur. In the circumstance where an Employee has qualified for S.T.D. and/or L.T.D., the Employee will be able to access this time for top up purposes, to the extent allowed by the benefit plan carrier, as well in the case with W.S.I.B. 32

33 Unused accumulated sick leave entitlement shall be credited to the Employee annually on December 31 st of each year and each Employee will be notified in writing on or before March 15 th of the following year of the amount of his/her accumulated sick leave entitlements The Company will continue to pay its share of the cost of the Benefits, as specified in Article 31, at the rate of the two (2) months per year of service to a maximum of twelve (12) months for six (6) years or more of service with the Company after they have exhausted all sick leave benefits and while the Employee is on L.T.D. Upon expiration of the benefits covered by the Company, the Employee will be provided with the necessary documents to purchase health and welfare benefits through a Green Shield Conversion Benefit Plan To be entitled to sick leave, the Employee shall notify the Company as close as possible to their normal starting time but not later than one-half (1/2) hour before the commencement of his/her normal working day, on the day of his/her absence due to illness. If the Company is not advised of estimated length of time off (beyond one day), a call to the Company each day is required. The Employee will co-operate in any recuperative or rehabilitative program prescribed for the purpose of enabling the Employee to return to work as quickly as possible Accumulated sick leave entitlements may be used for bona-fide illness on a regular scheduled day, S.T.D. top-up to one hundred percent (100%) of the Employee s normal weekly earnings, L.T.D. top up to the maximum allowable benefit level currently eighty-five percent (85%) of the employee s normal weekly earnings, W.S.I.B. top up to one hundred percent (100%) of the employee s normal weekly earnings or to fulfill the Insurance Carriers elimination periods Any Employee covered by this Collective Agreement, shall be granted a leave of absence for medical purposes including, but not limited to, eye examinations, medical and dental appointments (for either the Employee or their children). Every reasonable effort will be made to schedule any such appointments at a time to cause the least interruption to the daily work routine. In order to qualify under this clause the Employee must provide the Company with at least forty-eight (48) hours notice in writing, other than in the case of an emergency. The time required shall be paid using the Employees accumulated sick leave credits. This time can be used to a maximum of eight appointments annually to be taken in one and one-half hour (1.5) increments, to be drawn from the Employee s sick leave bank, after which additional time is unpaid (other than for specialists or medical appointments out of Essex County) 33

34 27.07 In the event that an Employee is absent from work due to a bona-fide illness for a period exceeding the elimination period for S.T.D., application shall be made for coverage under S.T.D. and following that Long Term Disability. In the cases of illness or injury (except W.S.I.B.), S.T.D. and Long Term Disability shall be utilized upon the completion of the elimination period. Accumulated sick leave credits shall only be used in the event that the above mentioned insurance claims are not honored by the carrier. When the Company requests that an employee attend a medical examination, the Company shall pay for the costs for any medical note, test, report, and/or evaluation from a Physician. In addition, the Company will reimburse an Employee for any lost wages that occur as a result of the Employee attending such a medical exam during the Employee s regularly scheduled work hours. It is expressly understood that the Company shall not pay for any costs associated with STD/LTD forms Disability The Company agrees to pay one hundred percent (100%) of the cost for Long Term Disability premiums Long Term Disability shall be seventy-five percent (75%) of wages as per Article 30. The payment for premiums for the benefits (Life Insurance, Drug Plan, Dental Plan and Extended Health (outlined in this Agreement) will be paid by the Company while an Employee is on Long Term Disability or S.T.D., not to exceed twelve (12) months from the date of the absence while on L.T.D Any payments for partial or total disability under these plans shall be reduced by any amounts payable under the Canada Pension Plan. The L.T.D. plan will contain a twenty-four (24) month own occupation clause, and thereafter an any occupation clause. There will be no loss in the continuity of pay under L.T.D. or S.T.D., and guaranteed continuation of service credits and seniority. Benefits under the S.T.D. plan will commence on the 15 th day in the event of illness or on the 1 st day in the event of the accident or admitted overnight hospitalization. The Company shall assist the Employee in applying for the O.M.E.R.S. Waiver of Premium on behalf of any member in receipt of benefits under these plans provided the O.M.E.R.S. elimination period is satisfied. The Employee has the ability to use their accumulated sick entitlement to top up to one hundred percent (100%), where allowable by the carrier, of the difference between the benefits received by the benefit carrier and their normal weekly and/or monthly income to ensure that they continue to receive one hundred percent (100%) or the allowable level, of their normal (net) weekly earnings. During the elimination periods, defined herein, (to qualify for Short Term and/or Long Term Disability benefits), the Employee will first use their accumulated sick leave credits and an application will be made for the 34

35 S.T.D. benefit. An application for the Long Term Disability benefit will occur, should the Employee not be able to return to work after they have exhausted the S.T.D. benefit. In the case where the L.T.D. claim is not approved, the Employee will have the ability to access their bank while they are being assessed by a mutually agreed Independent Medical Practitioner, who will provide an opinion regarding the situation. In the case of O.M.E.R.S., Employees who choose to pay their portion, if any, of the premiums, for such premium based benefits, may make such arrangements with the Company as are mutually satisfactory but failing such arrangements, it would be expected that the employee would make such payments by post dated cheques. If the Employee continues to pay their contribution, the Company will do the same. Where an employee gives written notice that they do not wish to pay their portion of a premium for O.M.E.R.S., coverage will be discontinued and enrolment upon their return to work shall be subject to the requirements of the carrier. Finally, an Employee that is disabled, and receiving disability benefits shall be considered an Employee of the Company and that the Company and the said employee shall work toward rehabilitation for re-employment with the Company in the position held prior to disability if able, and in some capacity if unable as required by law. Article 28 Paid Holidays Days to be recognized as paid holidays for regular Employees during the year shall be: New Year s Day Victoria Day Thanksgiving Day Boxing Day Family Day Canada Day Remembrance Day Full Day before New Year s Day Good Friday Civic Day Full Day before Christmas Easter Monday Labour Day Christmas Day 1 Floater (no carry over from year to year and no pay out) Any other day which may be proclaimed a holiday by the Governor General or the Lieutenant Governor in Council In the event that a Paid Holiday (or the Day, which may be proclaimed or observed as the effective Paid Holiday) falls within an Employee s vacation period, such day shall not be counted as vacation Whenever any of the Paid Holidays (or those days proclaimed or recognized as the effective Paid Holidays) as defined herein, falls on the weekend, all Employees covered by the terms of this Collective 35

36 Agreement shall be granted either the Friday preceding such Holiday or the Monday following such Holiday, as determined by the Company, as a day off with pay For the Christmas holiday period, the Company will determine what manpower requirements are necessary. To ensure fairness amongst all, time off during this period will be done on a rotational basis. The Company will make every effort to inform employees, not later than June 1 st of that year, but reserves the right to cancel their decision not later than October 1 st of that year based on the Company s business activities. In years when the Company ceases routine operations during this period, Employees will be required to schedule either vacation time and/or time banked in lieu of overtime on those days not recognized as Paid Holidays during this period. In the event that an employee does not have sufficient vacation time or time banked in lieu of overtime to cover this period, the outstanding balance shall be recovered from their vacation allotment at the outset of the succeeding year. Article 29 Workplace Safety & Insurance When an Employee is unable to work due to compensable injury suffered in the performance of their duties with the Company, the Employee will be paid at the rate of their full normal take home pay by using their accumulated sick leave entitlements, while they are rated by the Workers Safety and Insurance Board as temporarily totally disabled. a) If the claim is approved, the accumulated sick leave entitlements that were used will be reimbursed at the rate received by the W.S.I.B. b) In the event that WSIB denies the claim, the Employee will be eligible to apply for S.T.D., and if applicable L.T.D. If the claim is approved, then reimbursement to the Company will be made through this avenue at the rate of the S.T.D and/or L.T.D. Plan. c) If the claim is not approved, through S.T.D. and/or L.T.D. Plan, the Employee s accumulated sick leave entitlement shall not be reimbursed and or the sick time may be paid back by the Employee. During the rating period, should the Employee not have sufficient accumulated sick leave days, advances will be made by the Company (at the request of the Employee), at the rate normally received by the W.S.I.B. reimbursement to the Company will be made via an approved W.S.I.B., S.T.D or L.T.D claim, vacation pay, bank time, payroll deductions or other arrangements agreed to by the Company. Any difference owing to the Company will be the responsibility of the Employee. 36

37 29.02 When Employees have suffered compensable injury, and after treatment are able to resume their former classification to the satisfaction of the Company and when such resumption of duties would not create hazard to the Employee or others, they shall receive the rate of the classification even though they may in addition be receiving a clinical disability award, ordered by the Workers' Safety and Insurance Board of Ontario The Company hereby agrees that there shall be no reduction in any employment benefit due to hours absent as a result of sickness and/or injury which has arisen out of, or in the course of employment; this includes, but is not limited to, seniority, pension credits, vacation entitlement, and healthcare benefits a) To ensure income security during any such period of absence, the Employee has the opportunity to supplement the difference between their normal wages and any benefits received from W.S.I.B. through their accumulated sick leave entitlement (so that they continue to receive one hundred percent (100%) of their normal (net) weekly earnings. b) While in receipt of any such benefits, the individual will continue to be recognized as a regular Employee. Accordingly, upon their return to work, the Employee shall be reinstated to their former position with all rights and entitlements. c) In the event that their former position is no longer available, the Company shall provide a comparable position to the reinstated Employee (which will ensure that the Employee will continue to be paid at a rate equal to that which was being earned at the commencement of the absence or the rate which the Employee would now be earning had they continued to work, whichever is greater). It is understood that this clause does not override the provisions of Article 8 or Schedule A and no Employee returning from a W.S.I.B. approved leave would be entitled to wage progressions that would have been earned had they continued to work In the event that an Employee is injured on the job and as a result is no longer able to perform the full normal duties of their job, the Company agrees to make every reasonable effort to modify the Employee s job to accommodate the individual s special needs and/or restrictions. If, however, it is concluded that it is physically or technically impossible or financially prohibitive or not in the best interest of the Employee to modify their former job, the Company shall provide the Employee with an alternate position within the bargaining unit suitable to the Union and the Employee (without any loss of wages). 37

38 29.06 Employees shall arrange for WSIB related appointments outside of work hours. If this is not possible, the Employee shall provide management written documentation from WSIB or the treating therapist requiring the same to be taken during work hours. Should written documentation be provided the employee shall arrange for the appointment(s) at such time so as to cause the least interruption to the daily work routine. Except with the specific permission of Management personnel, the same shall be scheduled near the end of the workday. Article 30 Pension & Insurance The Company and the Employees will participate in the Ontario Municipal Employees Retirement System Basic Plan (O.M.E.R.S.) and the Canada Pension Plan on an integrated basis The Company shall pay the full premium cost to provide life insurance coverage for all Employees under a group policy. The policy will provide coverage equal to at least one and one-half times (1 ½ x s) the Employee s basic annual earnings (to the next highest one thousand dollars ($1,000.00) with a cap of $125,000. The employee will have the option of purchasing Optional life insurance. Any employee sixty-five years (65) of age or older shall have the option of purchasing Optional life insurance at his/her own premium cost should the same be available through the Company s insurance carrier. Premiums to be paid directly to the Insurance Carrier. Life Insurance Life Insurance AD&D Dependant Life STD/ Weekly Indemnity LTD Benefit 1.5 x earnings 1.5 x earnings $8,000 spouse $4,000 child 66.7% to max $550, non taxable 1 st day accident 1 st day hospital (admitted overnight stay) 15 day sickness 26 week benefit 75% to $3500 monthly 6 month elimination 24 month Own Occupation Payable to age 65 Primary CPP offsets 85% all source deductions maximum 38

39 30.03 The Company agrees to provide a Short Term Disability Plan. (S.T.D.) Short-Term Disability (S.T.D.) premiums (as determined by the carrier) will be fully paid by way of weekly payroll deduction by the Employees. Payments for Health and Welfare benefits while on this plan will be as per Article The Employer agrees to provide a (L.T.D.) Long Term Disability Plan and pay 100% of the premium cost as outlined above and payments for Health and Welfare benefits while on this plan will be as per Article Article 31 Group Health Insurance Plans The Company agrees to pay the full cost of the Employer Health Tax (or successor legislation in effect from time to time) to the Province of Ontario. If a special Insurance comes into effect to cover added ten (10%) percent charged by doctors it can be negotiated, as soon as possible after Collective Agreement is signed The Company agrees to pay the total cost for the following Green Shield Health Care Plans for regular Employees and their eligible spouses and dependents hereunder: Benefit Coverage ***Drug (SEE NOTE BELOW) $5.00 co-pay No over the counter drugs Generic Substitution Drug Annual Maximum Mandatory Unlimited Dental Annual Maximum of $3500 on combined basic and major services 100% basic 100% endo/perio 50% crown/bridges/ caps Dentures 50% Orthodontics 50% at $2500 Recall Exams 1 in 9 months ODA Fees Current Extended Health Deductible $0 Physiotherapy $500/year Psychologist $35 per visit, $350 per year Chiropractor $400/year ($10/ co-pay for first 15 visits) Osteopath/ Chiropodist/Podiatrist $400/year (after OHIP exhausted) Speech Therapist $200/year 39

40 Massage Therapy Private Hospital Semi Private Hospital Audio Vision Prescription Safety Glasses Out of Province EAP (Employee Assistance Plan) $250/year. ($25.00 co-pay) $1000 Lifetime Maintain current coverage Company to self fund $300 Max / 3 years $350 every 24 months (prescription, eye exams, laser surgery) and one eye exam every 24 months Company to self fund 180 days $1 million/year It is recognized and agreed that additional benefits granted by the Company in settlement of this current Collective Agreement satisfy the requirement of the refund provisions of the rebate sections of the Ontario Health Insurance and Employment Insurance Sick Leave Legislation Benefits for Laid off Employees The Company shall continue to provide benefit coverage as referred to within this Collective Agreement for all laid off Employees a maximum of 1 month per year of service to a maximum of 12 months a) In the event of the death of an Employee hired prior to June 1, 2003 the surviving spouse and eligible dependents of record will be eligible to receive benefits as per the above schedule in Article to age seventy (70)(the last day of the month in which the Employee would have turned seventy (70)) or until assistance or equal or greater value is available from another source, whichever comes first. b) In the event of the death of an Employee hired after June 1, 2003 the surviving spouse and eligible dependents of record will be eligible to receive benefits as per the above schedule in Article to age sixty-five (65)(the last day of the month in which the Employee would have turned sixty-five (65)) or until assistance or equal or greater value is available from another source, whichever comes first a) In the event of an injured Employee (work related) hired prior to June 1, 2003 who cannot return to work due to the nature of their injury will be eligible to receive benefits as per this schedule (31.02) to age seventy(70)(the last day of the month in which the Employee would have turned seventy (70). 40

41 b) In the event of an injured Employee (work related) hired after June 1, 2003 who cannot return to work due to the nature of their injury will be eligible to receive benefits as per this schedule (31.02) to age sixty-five (65)(the last day of the month in which the Employee would have turned sixty-five (65). ****DENOTES THAT OUR DRUG PROGRAM DOES NOT INCLUDE LIFESTYLE DRUGS such as anti-obesity agents, fertility and smoking cessation therapies. Article 31 Section B 31.B1 The Health and Welfare Benefit Plan as defined within Article 31 will be provided for Employees that retire from the Company, or retire early (must meet the criteria) and their current spouse and eligible dependants of record or surviving spouse and eligible dependants of record, or injured Employee who cannot return to work to the age of sixty-five (65) (age of sixty-five (65) defined as the last day of the Employee s birth month). The Company will provide Employees who retire, and are eligible at the time of retirement for an O.M.E.R.S. pension, a one-time retiring allowance in an amount equal to $600 per year of completed O.M.E.R.S. service. Payment will be made within thirty (30) days of retirement. This cash allowance does not apply to those Employees hired after June 1, Employees previously employed by Essex Powerlines Corporation or any previously amalgamated utilities whose employment was terminated at any time prior to June 1, 2003 and thereafter reemployed by Essex Powerlines Corporation shall be considered Employees hired after June 1, 2003 for the purpose of eligibility for the one-time retiring allowance. 31.B2 Employees hired after June 1, 2003 of this Collective Agreement will be provided Company paid Health and Welfare benefits at retirement as described within 31B.8 below to the age of sixty-five (65) (age of sixtyfive (65) defined as the first day of the month following the Employees birth month). This coverage will be provided to the retiree, spouse and eligible dependents. A retiree must be in receipt of O.M.E.R.S. pension in order to be eligible for retiree benefits as defined in Article 31B B3 To qualify for the above noted benefits in Article 31.B1, the Employee must be eligible for an O.M.E.R.S. pension at the date of retirement and the retiree s age and recognized O.M.E.R.S. years of service must total eighty (80) at the date of retirement. 41

42 31.B4 a) In the event of the death of a Retiree hired prior to June 1, 2003 the surviving spouse and eligible dependents of record will be eligible to receive benefits as per the above schedule in Article (31.B8) to age seventy (70)(the last day of the month in which the Employee would have turned seventy (70)) or until assistance or equal or greater value is available from another source, whichever comes first. b) In the event of the death of a Retiree hired after June 1, 2003 the surviving spouse and eligible dependents of record will be eligible to receive benefits as per the above schedule in 31.B8 to age sixtyfive (65)(the last day of the month in which the Employee would have turned sixty-five (65) or until assistance or equal or greater value is available from another source, whichever comes first. 31.B5 For Employees hired prior to June 1, 2003 and upon expiry of the above noted benefits at age sixty-five (65) the benefits described in 31B.8 will be provided to a Retiree, a surviving spouse and eligible dependents or an injured Employee who cannot return to work, to the age of seventy (70) (the last day of the month in which the Employee would have turned seventy (70)). 31.B6 The Company will forward a copy of an affidavit to all surviving spouses and eligible dependents receiving benefits, as described herein, on an annual basis, to be signed and returned as confirmation of their continued eligibility for such benefits. 31.B7 The noted benefits in 31B.8 (below) are for the Employee and their current spouse of record and eligible dependents or a surviving spouse and eligible dependents from age sixty-five (65) (as defined above), to the age of seventy (70) (as defined above). 31.B8 The Company agrees to pay the cost of Health and Welfare Benefits through Green Shield as defined: Drug at 20% co-pay to an annual maximum of $20,000 (generic substitution when available) Semi-private coverage 15 day maximum. Extended Health $25/$50 Co-pay Physiotherapy $300/year Chiropractor $300/year Podiatrist/Chiropodist $300/year (Note that reimbursement for these benefits begin after the provincial government health plan maximum has been reached) Vision $200 every two (2) years Basic dental to 10% co-pay, recalls 1 in 9 months, $1000 max per year 42

43 31.B9 Payment of Benefit premiums for Employees at time of retirement or for a surviving spouse and eligible dependants, in the case of a death of an Employee, prior to age seventy (70), the Company agrees to cover payment of premiums for the above noted Health and Welfare benefits, at the same level as at the time of retirement, or to a surviving spouse and eligible dependants, but to age seventy (70), or until assistance of equal or greater value is available from another source, if it is available before age seventy (70), whichever occurs first. A retiree must be in receipt of O.M.E.R.S. Pension in order to be eligible for retiree benefits. Article 32 Retirement Employees shall give ninety (90) days written notice of their intent to retire. Such notice will include their planned date of retirement. Article 33 Pay Days Employees covered by this Collective Agreement shall be paid every Thursday by direct deposit for the previous week s work. Article 34 License and/or Professional Fees The Company agrees to pay for any license and/or professional fees, which must be maintained or renewed as a condition of employment. This includes, but is not limited to, granting time off with pay to any Employee required to complete the examination for recognition as a Power Line Maintainer upon the successful completion of the required apprenticeship training. This will include AZ licenses as per the Minutes of Settlement dated November 14, 2013 and G licenses are specifically excluded. Article 35 Equipment and Clothing All existing Employees and New Employees after year one (1) shall be subject to a repair/replacement policy. If the integrity of any clothing is compromised the Facility Operations & Risk Management Supervisor or his/her designate will determine if a repair or replacement of clothing is required upon being presented the article of clothing. Employees shall be limited to send in a maximum 3 pants/shirts per year for repair and replacement. The purchase of CSA safety footwear by the Employee from the supplier of the Employee s choice shall be reimbursed upon the submission of a receipt for said purchase to a maximum of $200 to be repair/replacement basis. 43

44 35.02 The Company shall supply (at no cost to the Employees) the following: Item Quantity Frequency Hard Hat Liner 1 annually (Jan 1-Dec.31) Winter Insulated 4 annually (Jan 1-Dec.31) Gloves Summer Work 4 annually (Jan 1-Dec.31) Gloves Rubber/Winter Boots 1 $200 Bi-annually (Jan 1-Dec.31) Liners for over 1 annually (Jan 1-Dec.31) work boot Raingear (includes 1 one time issue jacket and pants) Two sets of Class one time issue Rubber Gloves and Covers Flash Goggles 8 one time issue 4-smoke/2-clear/2-amber Hard hat and suspension 1 one time issue Lineman Belt and Spurs 1 one time issue Full body harness 1 one time issue and lanyard FR Balaclava 1 one time issue All necessary tools and/or equipment of the trade where required, while engaged in duties of the Company. Any equipment listed in Article which has been torn, worn-out or is out of date as determined by Company shall be handed in by the Employee to the Company for replacement All employees covered by this Collective Agreement, except when working in circumstances that do not require, shall be required to wear flame retardant orange safety clothing and CSA approved safety footwear while on duty for the Company. a) It is the personal responsibility of each Employee to report to their immediate supervisor any defects in tools, protective clothing or safety equipment. 44

45 35.04 Regular Office Employees will have the opportunity to participate in the Company s Clothing Allowance program. Each regular Office Employee will have an allowance of one hundred and Twenty-five ($125) dollars per year towards Company Wear only. Purchase of this clothing is executed through an approved supplier, (this amount does not possess a cash value and may not be carried over from year to year). Article 36 Personal Tools Safety Goggles Safety glasses shall be supplied to individual prescription in approved frames to all Employees who normally wear glasses and are required to wear safety glasses and such glasses shall be replaced or repaired as required. Article 37 Discrimination a) The Company agrees that there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any Employee in the matter of hiring, wage rates, training, promotion, transfer, lay-off, recall, discipline, classification, discharge or otherwise by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap, nor by reason of his or her membership or activity in the Union, or in the exercise of his or her rights under this Collective Agreement. b) Both the Company and the Union recognize their respective responsibilities under the Ontario Human Rights Code and any other similar statutory requirement. Both parties hereby reaffirm their commitment not to discriminate in any manner relating to employment on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap. c) The Company agrees that they will not in any manner object to any Employee being, or becoming a member of the Union, and will not in any manner interfere with nor discriminate against any Employee because of their membership or proposed membership in the Union. The Employees will not in any manner interfere with, or attempt to limit the right of the Company or the rights of any duly authorized officer acting for the Company. Article 38 Sexual Harassment a) The Union and the Company agree that no Employee shall be subject to sexual harassment and agree to take such actions as necessary to assure that this purpose is achieved. Accordingly, the Company agrees to post a statement of this commitment to this principle at all work locations. 45

46 b) The Company will not tolerate sexual harassment of Employees and will take action to provide remedies once such harassment is discovered. Sexual harassment is as defined by the Ontario Human Rights Code. Article 39 Refusal to Cross Picket Lines It shall not be just cause for discipline and/or discharge if any Employee refuses to go through a legally authorized picket line of any Union and/or Labour Organization. Article 40 Copies of the Agreement The Union and the Company desire every Employee to be familiar with the provisions of this Collective Agreement and his or her rights and obligations under it. For this reason, the Company and the Union shall share in the expense to print and distribute sufficient copies of the Collective Agreement to all Employees within a reasonable time following ratification. Article 41 Bulletin Boards Bulletin boards shall be furnished (at all work locations) by the Company for the Union s use, for the purposes of posting notices to Union members. The Union agrees that it shall confine such posted notices to information concerning Company-Union relations and matters of concern to Union members. The Union further agrees it shall not post any notices that are derogatory or inflammatory in nature. Postings on bulletin boards shall be done by the Union Steward or their designated representatives. Article 42 Duration This Collective Agreement shall become effective on ratification (except for wages which are retroactive to April 1, 2015) and remain in full force and effect until March 31, Within a period of not more than ninety (90) days and not less than thirty (30) days prior to March 31, 2019, either party may give notice in writing to the other of its desire to bargain on amendments or revisions to the Collective Agreement During the discussion or negotiation of any proposed renewal, change, amendment or revision of this Collective Agreement (either in whole or in part), the Collective Agreement in the form in which it may be at the commencement of such negotiations shall remain in full force and effect until mutually acceptable terms of settlement have been agreed upon between the Parties or until the Conciliation process available from time to time under the Labour Relations Act (or successor legislation) has been exhausted. 46

47 7/26/2016

48 Letter of Understanding Temporary Work Headquarters The Company may from time to time request Employees to work from temporary work headquarters. If this occurs, the Company and the Union agree as follows: a) When establishing a temporary work headquarters, a suitable location with washroom facilities and lunchroom area, including fridge and microwave will be provided, along with fax and telephone services. b) Each project that is to be completed from the temporary work headquarters will be posted on the Oldcastle bulletin board three days in advance of the job commencement. The classifications and the number of Employees required for the particular project will be clearly identified in the posting. c) The signing up process will be on a voluntary basis however, if there are not adequate volunteers, the Company will assign qualified Employees based on reverse seniority. d) The start time and finish time for Employees reporting to a temporary work headquarters is to be consistent with the normal start and finish times at the permanent headquarters in Oldcastle. e) For each Employee reporting to a temporary work headquarters that is located not more than fifty (50) kilometres from the permanent headquarters will be paid a daily allowance of one (1) hour at the prevailing Power Lineperson rate. 48

49

50 On Call Service and Use of On Call Vehicles Approved by: R. Tracey Reference No.: Operations 2 Approval date: Revision date: April 1,2011 Policy Statement This policy provides employees with guidelines with respect to on-call service and the use of On Call vehicles. This consistent approach will contribute to effective management of resources when service is required after hours. It is also imperative to be diligent with respect to the management of the fleet of Company vehicles. Policy Details In order to maintain and establish superior customer service, it is imperative to schedule outside employees for On Call service. Most significantly, employees who are On Call will be available in the event of emergency or urgent work. Additionally, there will be times when employees who are On Call may be required to perform work to ensure that business and/or operational needs are met. Eligible and qualified Bargaining Unit employees will be scheduled for On Call service in accordance with the Collective Agreement. An employee has flexibility to change his/her On Call service schedule by switching with another qualified and eligible employee. Schedule changes are coordinated between the employees, and subsequently are authorized with acknowledgement by a Supervisor or Manager. Such changes must be administered in accordance with the Collective Agreement and pertinent Company policy. In the event that an employee who is On Call is sick, and is unable to perform On Call service, he/she must report the) to the Supervisor in the same manner that he/she would report an absence for a regular shift. Compensation for unionized employees related to On Call service, or call-out is detailed in the Collective Agreement. 50

51 On Call Service and Use of On Call Vehicles Approved by: R. Tracey Reference No.: Operations 2 Approval date: Revision date: April 1,2011 Response when On-Call Employees who are On Call shall respond to a request for service within ten (10) minutes of first receiving any call. This response time is required regardless of the type of call (emergency, urgent, or for any other reason) and assures that the employee who is called is at minimum responding by telephone to the customer or affected party (i.e. police) within this ten (10) minute period. Should the call require that the On Call Person attend the location of the concern, the On Call person shall be on route to the location within 20 minutes. Employees who are On Call must be in a condition to perform their work responsibilities fully. Very clearly, an employee who cannot fulfill his/her On Call responsibilities, or is not fully capable to fulfill his/her On Call responsibilities, may be subject to corrective action, up to and including the termination of employment. Availability of Company Vehicles for On Call Service Employees who are On Call will be assigned a Company vehicle for the days in which they are scheduled On Call. A Supervisor (or designate) will designate and monitor the allocation of Company vehicles for this purpose. Employees On Call shall be supplied with a vehicle for use during their On Call duty. The vehicle shall be driven home by the employee at the conclusion of his weekday regularly scheduled shifts and be available for use for emergency calls received. 51

52 On Call Service and Use of On Call Vehicles Approved by: R. Tracey Reference No.: Operations 2 Approval date: Revision date: April 1,2011 The use of the On Call Vehicle for personal use will only be allowed if the following conditions are met: i. The On Call Vehicle is used only within the On Call Service areas of Essex Power, with a response time as per Article 19 of the Collective Agreement. ii. The On Call Vehicle when being operated for personal use shall only transport the On Call employee, assigned stock, assigned tools and assigned equipment. Transport of personal building and/or landscaping material, scrap, furniture or any other non Essex Power material or equipment is prohibited. Transportation of Non Employees (ie. family members or others) in the On Call vehicle is strictly prohibited Carpooling with the company vehicle designated for On Call use shall be strictly prohibited. There is to be no pick up and drop off of other employees at the beginning or end of a regular scheduled shift. On Call employees shall be responsible for verifying that the assigned vehicle has had a pre-trip inspection conducted and documented within the preceding twenty-four hours or they shall conduct and document an inspection themselves. Employees On Call are responsible for the company vehicle assigned to them and should take appropriate steps to secure the vehicle and its contents while it is in their care. Any damage to the company vehicle should be reported immediately to the appropriate Supervisor and all necessary documentation should be promptly and fully completed. Company vehicles used for On Call assignments should be kept stocked with appropriate tools and materials. At the commencement of a weekly On Call assignment, the employee should survey tools on the truck and report any missing or damaged tools to the appropriate Supervisor. Tools or equipment damaged during use must be reported to the appropriate Supervisor at the earliest convenience and the appropriate report completed by the employee using the tool when the damage occurred. 52

53 On Call Service and Use of On Call Vehicles Approved by: R. Tracey Reference No.: Operations 2 Approval date: Revision date: April 1,2011 Should an On Call employee be unable to exercise his duties due to an approved leave, the employee shall make arrangements to surrender or deliver the company vehicle for use by the replacement On Call employee. On Call duty shall be performed in accordance with the Collective Agreement, On Call Procedure and all applicable legislation Other Resources for On Call Services A cellular phone and/or pager are provided to employees who are On Call. These resources are the property of Essex Power and are only to be used for business purposes. Key Points to Remember On Call service is required to provide customer service outside of regular hours in emergency or urgent situations. On Call Vehicles are provided to staff as a means of providing prompt and efficient assistance to our customers after regular hours. In order to protect the Company s liability and meet its operational objectives the use of the On Call vehicle is restricted for the purpose of providing On Call service only 53

54 ON CALL PROCEDURE The following is a general guide for On Call Procedures that all affected staff are expected to be aware of and adhere to: 1. Persons On Call all qualified line staff are required to participate in the on call schedule. The number of on call personnel shall be determined and may be changed by management, based on forecasted and seasonal demand in EPL distribution areas. To facilitate the forecasting of manpower requirements effective April 1, 2011, all locate requests will be done by the locate contractor. On call personnel will only perform locates that the contractor is not able to complete. 2. On Call Shift shall commence at the end of each regular weekday shift and end at the beginning of the following regular day shift, weekend on call shift shall commence at the end of the regular Friday shift and end at the beginning of the regular Monday shift. Commencement and end time shall be consistent with the current collective agreement. 3. On Call Rotation & Schedule each rotation shall commence at the end of the regular Wednesday shift and end seven (7) days later at the beginning of the regular Wednesday shift. A schedule shall be established and posted a minimum of six (6) weeks in advance to indicate on a week by week basis how many and which staff members are on call. 4. On Call Vehicles are assigned and shall be taken with the on call person at the commencement of each on call shift and shall be returned to the designated work centre (currently the Oldcastle yard) at the end of each on call shift. The on call vehicles are to be used by the On Call Person in accordance with the company On Call Service and Use of Company Vehicles Policy. 5. Cell Phone and Pagers are assigned and shall be carried and responded to by the assigned on call staff member(s) for all on call hours. 6. Receiving Calls the answering service used by Essex Powerlines is primarily but not solely responsible for receiving after hours calls and transferring all pertinent information to the assigned On Call person. Calls 54

55 and information may also be received from EPL supervisors and managers, emergency response personnel, critical customers, contractors and any others deemed necessary for the safe and efficient operation of the EPL system. 7. On Call Response the On Call Person receiving the call from the Answering service, EPL supervisors and managers, emergency response personnel, critical customers, contractors and any others deemed necessary for the safe and efficient operation of the EPL system shall Make sure the customer address, phone no., and problem is clearly received As a minimum, unless currently occupied on a prior call, the On Call person shall respond to the call or page within 10 minutes of first receiving the call or page Contact the caller prior to leaving, determine if the callers concern involves EPL plant. Is the caller an EPL customer? If so, provide some advice to the customer if possible. An on-site response may not be required. This does not always apply as some call outs can be immediately identified as system problems or emergencies. Should the call require that the on call person attend the location of the concern, the on call person shall be on route to the location within 20 minutes Ensure that other emergency groups are contacted if required Once on site assess the nature of the problem and determine the equipment, materials, and other assistance required to make the repairs Contact the Answering Service to advise the anticipated length of outage and approx. areas affected. Once normal status has been restored, advise the Answering Service and the Supervisor. 8. Power Outage Forms to be filled out or data entered before leaving call site except in emergent conditions 9. Materials Used to be recorded or entered before leaving call site except in emergent conditions 10. Supervision Notice advise your Supervisor of the call out particulars upon arrival the next business day, unless the Supervisor has attended the call out. It is required that Supervision be notified of an outage while the trouble call is occurring if the following conditions exist: Additional on call line staff is required and attempts have been made and there has been no response within 10 minutes. If a 3 rd person is required One or more transformers has failed and needs to be replaced 55

56 Outage affects greater than 20 customers An outage is estimated to be more that 2 hours regardless of the no. of customers affected (judgment call) An entire feeder has been locked out - if ARA, fault indicators are checked Major switching order is required (major problem) Major Storm/Multiple Outages Electrical Contact ie. dig in Ministry of Labour or Electrical Safety Authority is required to be notified An oil spill has occurred A vehicular accident involving an EPL vehicle has occurred An injury has occurred to EPL staff 11. Mapping record any switching changes that were required and apply the changes to the maps in the operating room by relocating the appropriate pins, and by recording the change on the log sheet. Also, communicate any changes with your Supervisor. 12. Overtime Hours Worked enter hours worked in time entry system and submit to your supervisor, including labour and truck time. Hours worked are only considered for calls in which an on call person is required to attend the location of the concern. 13. End of On Call Week return truck, cell and pager 56

57