COLLECTIVE AGREEMENT. Mascioli Construction Company Limited (Construction) (Hereinafter called the "Employer")

Transcription

1 r 'I I ' COLLECTIVE AGREEMENT BETWEEN Mascioli Construction Company Limited (Construction) (Hereinafter called the "Employer") and Teamsters Local Union No. 230, Affiliated with The International Brotherhood of Teamsters (Hereinafter called the "Union") Expiry: April 30th, 2018

2 " I This agreement made this 1st day of May 2015 Between: ARTICLE 1 - INTENT AND PURPOSE Mascioli Construction Company Limited Construction (Hereinafter called the "Employer") - and - Teamsters Local Union No. 230, Affiliated with the International Brotherhood of Teamsters (Hereinafter called the "Union") 1.1 The Company and the Union each represents that the purpose and the intent of the Agreement is to promote co-operation and harmony, to recognize mutual interests, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Company, to promote efficiency and service and to set forth herein the basic agreement covering rates of pay, hours of work, dispute procedure, and conditions of employment. ARTICLE 2 - COVERAGE 2.1 The Company recognizes the Union as the exclusive bargaining agent of all truck drivers and labourers engaged in Construction in the employ of the Company within a fifty mile radium of the Timmins Federal Building, save and except foremen, and persons above the rank for foreman. 2.2 The Company agrees not to enter into any agreement or contract with its employees as described in the preceding paragraph 2.1, individually or collectively, which in any way conflicts with the terms and conditions for this Agreement. ARTICLE 3 - SHOP CONDITIONS 3.1 The Employer agrees that all present members covered by this Agreement, except new employees during their probationary period shall, as a condition of employment, become and remain members of the Union in good standing. 3.2 New employees shall make application for membership in the Union at the time of hiring and shall become and remain members of the Union in good standing as a condition of employment. 3.3 The Company agrees that when new employees are hired they will fill out a form covering particulars of hiring, such forms to be supplied by the Union, and forward this form to the Union office within 24 hours, and also, a Union dues and Initiation Fee deduction form.

3 Mascioli Construction Company Ltd. - Expiring April 30 1 h, 2018 Page The Company agrees to deduct regular monthly union dues from the first pay due each employee in each month, and to remit the monies so deducted to the Union, on or before the fifteenth day of the following month. The Employer further agrees, on receipt of proper authorization, to deduct the Union Initiation Fee in four equal weekly installments and to remit such deductions to the Union. 3.5 The Employer will, at the time of making each remittance to the Union, specify the employees from whose pay such deductions were made, and if no deduction is made, state the reason. 3.6 If an employee is absent and has not sufficient pay to his credit, his Union Dues shall accumulate and shall be deducted upon his return to work The Company will not be required to dismiss or suspend employees from employment who have been expelled or suspended by the Union unless such expulsion or suspension by the Union was for just cause. Disputes will be subject to the grievance procedure, and arbitration if necessary. 3.8 The Employer shall show the yearly Union monthly dues deduction on employees' T4 slips. ARTICLE 4 - MANAGEMENT RIGHTS 4.1 The Management of the business and the direction of the working force, including the right to plan, direct and control operations, hire, suspend or discharge for proper cause, transfer or relieve employees from duty because lack of work or for other legitimate reasons, the right to study or introduce new or improved production methods or facilities, and the right to establish and maintain rules and regulations covering the operation, a violation of which shall be among the causes for discharge, are vested in the Employer, subject to the provisions of this Agreement. ARTICLE 5 - GRIEVANCE PROCEDURE 5.1 The Union shall have the right to appoint or elect a reasonable number of Stewards in the plant to assist the employees in presenting their grievances to the Company, and supervise the administration of this Agreement. The Union agrees that it will keep the Employer supplied with a list of the Stewards and Officers and any changes that occur. 5.2 Any differences, disputes or complaints arising over the interpretation or application of this Agreement shall be submitted in writing in triplicate on forms supplied by the Union and signed by the employee. There shall be an earnest effort of the part of both parties to settle such grievance promptly through the following steps:

4 Mascioli Construction Company Ltd. - Expiring April 30th, 2018 Page 3 STEP 1: STEP2: By a conference between the aggrieved employee, his Steward and the Foreman. By a conference between, an official or officials of the Union, and the Management of the Company. It is agreed that not more than ten working days will elapse between the date of the event or conditions causing such grievance until it is presented to the Employer, and further, not more than ten working days will elapse from the date the grievance is so instituted until it is finally dealt with in Step 2. Otherwise the grievance shall not be recognized by either party to this Agreement. Any difference arising directly between the Union and the Employer may be submitted in writing by either party under Step 2, and if not settled, the matter may be submitted to arbitration. STEP 3: In the event that a grievance is not satisfactorily settled between the Management and the Union, it may be referred to a Board of Arbitration. The Board of Arbitration shall consist of three arbitrators, one to be appointed by each party to this Agreement, and the third to be selected by the two so appointed. The party desiring arbitration shall appoint its arbitrator and shall give notice in writing to the other party of such appointment. In the event of the two Arbitrators so appointed being unable within three days, to select a third Arbitrator able and willing to act, either party may apply to the Minister of Labour for the Province of Ontario to appoint a Chairman of the Arbitration Board. The Board of Arbitration so constituted of three members shall then forthwith consider and determine the matters at issue which have been submitted to them for disposal, and the decision of the majority of the members of the Board of Arbitration shall be final and binding on all parties concerned. The parties may agree to the use of a single Arbitrator. 5.3 Each of the parties hereto will bear the expense of the Arbitrator appointed by it, and the Parties will jointly bear the expense of the Chairman of the Board of Arbitration. 5.4 A claim by an employee that he has been unjustly discharged, suspended or laid-off shall be treated as a grievance and may be taken to Arbitration if a written statement of such grievance is lodged with the Employer under Step 2 within five working days after the discharge, suspended or lay-off is affected. Such special grievance may be settled under the grievance procedure by: (a) (b) confirming the Company's action in dismissing, suspended or lay-off of the employee; reinstating the employee with full compensation for the time lost; or

5 . ' Mascioli Construction Company Ltd.- Expiring April 30 1 \ 2018 Page 4 ( c) by an other arrangement which may be deemed just and equitable. 5.5 The proceedings of the Arbitration Board shall be expedited by the parties hereto. Such Board shall not be authorized to alter, modify, or amend any provisions of the Agreement. The Board shall, however, have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board. ARTICLE 6 - NO STRIKE, NO LOCKOUT 6.1 During the terms of this Agreement the Union agrees that there shall be no strike, and the Employer agrees that there shall be no lockout. 6.2 The words "Strike" and "Lockout" in this Agreement shall mean "Strike" and "Lockout" as defined in the Ontario Labour Relations Act. ARTICLE 7 - HOURS OF WORK AND OVERTIME 7.1 Employees may be worked at straight time rates for 10 hours per day and 50 hours Monday through Friday. 7.2 Work performed in excess of 10 hours per day Monday through Friday, shall be paid at time and one-half. 7.3 Saturday work shall be paid at time and one half. All work after 5:00 p.m. will be paid at double time. 7.4 Double time shall be paid for any work performed on Sunday. 7.5 A meal allowance of $9.00 will be given if an employee is requested to work ten (10) hours or more a day providing they show a receipt or meals to be supplied by the Company. 7.6 An employee's time commences from the time he leaves the yard and continues until he parks his truck at the end of a shift. 7.7 Snow removal, salting, plowing, paid at straight time. ARTICLE 8 - SENIORITY 8.1 New employees shall serve a probationary period of twenty working days before acquiring seniority rights. The seniority will then date back to the starting date with the Company. 8.2 In the event of lay-offs, the Employer reserves the right to retain those employees with qualifications and ability to perform the work. Seniority shall prevail at all other times. Stewards will be the last employee laid off and the first to be recalled in the event of layoff.

6 . ' Mascioli Construction Company Ltd. - Expiring April 30 1 h, 2018 Page 5 At least one week's notice must be given prior to lay-off. Seniority lists will be supplied to the Union on January 15 1 h and June 15 1 h of each year of the contact. 8.3 Seniority will not be broken due to absence from employment because of sickness, accident, or other unavoidable reasons which justify such absence. 8.4 Employees will be granted leave of absence without loss of seniority to attend Labour Conventions or to serve in any capacity on official union business or for legitimate personal reasons. Such leaves of absence shall be in writing, a copy of which will be forwarded immediately to the Union. Any employee whose normal duties include driving an Employer vehicle and whose driving license is suspended by government action for up to twelve months shall be given leave of absence without loss of seniority and without pay until his driving privileges have been restored. Suspension of a driving license for a period in excess of twelve months may, at the discretion of the Company, result in the discharge of the employee concerned. 8.5 An employee shall lose his seniority if he: 1. voluntarily quits the employ of the Employer; 2. is laid off and is not re-employed within twelve months from the day of lay-off; 3. is discharged and not reinstated through the grievance procedure; 4. fails to return to work within eight days after he has been notified by the Employer by registered mail. 8.6 An employee who is requested to return to work and who is not immediately available maybe passed over and a more junior employee may be called instead, subject to displacement by the more senior employee when he does report for work within eight days of notification to do so. 8.7 Notice sent by the Company to an employee's last recorded address shall be sufficient and effective notice. ARTICLE 9 - VACATIONS 9.1 Each employee covered by this Agreement shall be entitled to vacation payment in the amounts described below. (a) Employees up to one year of service will receive four percent of wages earned.

7 Mascioli Construction Company Ltd. - Expiring April 30th, 2018 Page 6 (b) Employees with over one year of service and up to five years service will receive six percent of wages earned. ( c) Employees with more than five years of service will receive eight percent of wages earned. 9.2 Each employee who has established one year's service shall be entitled to two weeks vacation. 9.3 Each employee who has established three year's service shall be entitled to three weeks vacation. Each employee who has established ten year's service shall be entitled to four weeks vacation. 9.4 Each employee shall select his vacation according to seniority. 9.5 Employees who have been laid off for a period of one month or more may not be required to take vacation time off. 9.6 If a paid holiday falls within a employee's vacation period he shall be granted another day or a day's pay in lieu thereof. The option shall rest with the Employer and the employee shall be advised of the decision prior to going on his vacation. 9.7 If an employee's employment is terminated for any reason whatsoever, he will be paid his accumulated vacation credits calculated from the previous July 1st or November 1st. 9.8 Vacation pay will be paid to the employee twice yearly, July 1st and November 1st. Income Tax will be paid weekly on vacation pay. ARTICLE 10 - WAGES I 0.1 The Company agrees to pay, and the Union agrees to accept for the terms of this Agreement, the following wage rates: Classification Mav l, 2015 Mav l, 2016 Mav 1, 2017 Boom Truck $22.75 $23.30 $23.80 Truck Driver $21.40 $21.95 $22.45 Tractor Trailer $21.60 $22.15 $22.65 Driver License Class A $21.85 $22.40 $22.90 Mechanic Labourer $21.25 $21.80 $22.30 Pipelaver Labourer $18.35 $18.90 $19.40 Wages shall be paid weekly or by-weekly by cheque or cash no later than Thursday. Pit Man: an extra $0.40 will be paid when working on mainline. To be designated by seniority.

8 ., Mascioli Construction Company Ltd. - Expiring April 30th, 2018 Page SHIFT PREMIDM: A shift premium of $0.40 cents per hour will be paid of all work performed on a second shift and $0.50 per hour will be paid for all work performed on a third shift LIVING ALLOWANCE: It is understood that employees who are required by the Company to remain in the vicinity of the jobsite away from home, shall be supplied with suitable board and lodgings at not expense to themselves When new types of equipment or new classifications of employment for which rates of pay are not established by this Agreement are put into operations, the rates governing such operations shall be subject to negotiations between the parties, and if such negotiations do not result in agreement, the dispute will be settled as if it were a grievance arising under the provisions of the contract When employees are required to operate different equipment the highest rate of pay will apply while operating that equipment. ARTICLE 11 - WORKING CONDITIONS 11.1 Employees shall report immediately to the Company any and all loss, damage, or shortage of merchandise or equipment with a statement of the cause thereof Employees shall report immediately, in complete detail, all accidents, including the name and addresses of all witnesses to the accident Employees shall report promptly to the Employer in writing, all defects in equipment when completing their run or shift. No driver shall be required to do repairs to the Employer's truck or equipment No employee shall be compelled to operate equipment, which in the opinion of the Employer's master mechanic or the deputy named by the Employer, is not in good mechanical conditions No employees shall be permitted to allow anyone other than the employees of the Employer or persons authorized by the Employer, who are on duty to ride on his truck Upon request made to the Employer, or its designated representative an accredited Union official will be granted access to the Employer's premises for the purpose of satisfying himself that the terms of this agreement are being complied with The Employer will provide bulletin boards in mutually satisfactorily locations in the plant for the use of the Union in posting notices of Union activities All trucks will be equipped with adequate heaters, defrosters, windshield wipers. New trucks will be equipped with air conditioning.

9 Mascioli Construction Company Ltd.- Expiring April 30 1 h, 2018 Page Machines operating outside during the winter months shall be equipped with adequate cab protection against weather, and/or heaters The Company agrees to provide a heated lunch room for the use of the employees All vacant positions to be posted The Employer agrees to pay, $ upon presentation of a receipt of purchase towards the cost of safety shoes and clothing. This article will apply only to employees with one year or more seniority with the Company Coveralls will be available for the servicing of equipment The Company will pay for all tickets except for drivers infractions, i.e. speeding, tarping and seat belts. ARTICLE 12 - UNION CO-OPERATION 12.1 The Union agrees to uphold the rules and regulations of the Employer in regard to punctual and steady attendance, proper and sufficient notice in case of necessary absence, conduct on the job and all other reasonable rules and regulations established by the Employer and not conflicting with this Agreement The Union agrees to co-operate with the Employer in maintaining and improving safe working conditions and practices; in improving the cleanliness and good housekeeping of the premises, machinery and equipment, and in upholding the laws in reference to driving The Union recognizes the need for improved methods and output in the interest of the employees and the business, and agrees to co-operate with the Employer in the installation of such methods, an din the education of its members in the necessity of such changes and improvement. ARTICLE 13 - REPORTING ALLOWANCE 13.1 An employee who reports for work at the regular time and who is not provided with at least two hours work will be paid for at least two hours at the regular hourly rate. This does not apply if the employee has been notified not to come to work. Such notice must be given before 7:00 a.m.

10 .,. Mascioli Construction Company Ltd. Expiring April 30 1 h, 2018 Page 9 ARTICLE 14- STATUTORY HOLIDAYS 14.1 The following Statutory Holidays, regardless of when they fall, will be granted to all employees with pay, excepting employees who have not completed their probationary period. One (1) week's notice must be given for Floating Statutory Holiday. Employees must have completed l years' seniority to be entitled to the Floating Holiday. One Floating Holiday Good Friday Thanksgiving Day Canada Day Family Day New Year's Day Labour Day Victoria Day Boxing Day Civic Holiday Easter Monday Christmas Da~ December 24t Employees recalled from lay-off will be eligible to apply for a Floating Holiday after Thirty days The basis of pay shall be nine hours at the hourly rate, and employees who are required to work on any of the above-mentioned Statutory Holidays shall be paid at time and onehalf for any hours worked, in addition to the Holiday Pay. Employees will forfeit pay for the holidays if they are absent without permission on the working day before or after the holiday, if scheduled to work. ARTICLE 15 - BEREAVEMENT 15.1 On notification, the Employer will grant up to three days leave of absence with pay at the employee's prevailing rate for eight hours the employee is normally scheduled to work during the first three days next following the date of death, to arrange and attend the funeral of a member of his immediate family. Immediate family shall mean father, mother, wife, child, stepson, stepdaughter, brother, sister, father-in-law, or mother-in-law, brother-in-law and sister-in-law, grandparents and grandchildren of the employee. ARTICLE 16 - TRA YELLING TIME 16.1 Travel time will be paid for any mileage past the twenty-four kilometer radius of the town hall of Timmins, Ontario, at the rate of sixty cents ($0.60) km. ARTICLE 17-WELFARE 17.1 The Company agrees to pay 100% of the cost of the premiums of the current Welfare Plan. Prescription Glasses: $ every two years. Employer to pay an extra $ upon presentation of receipt The Company agrees to pay 100% of the cost of a Dental Plan with current carrier at current ODA schedule fees. (No co-insurance for denture cost.) Coverage of the plan runs until the end of the month oflay-off plus one (1) full Month.

11 . Mascioli Construction Company Ltd. - Expiring April 30th, 2018 Page 10 ARTICLE 18 - GOVERNMENT LEGLISLATION 18.1 In the event that any of the provisions of this Agreement are found to be in conflict with any valid and applicable Federal or Provincial Law now existing or hereafter enacted, it is agreed that such laws shall supersede the conflicting provisions without in any way affecting the remainder of the Collective Agreement. ARTICLE 19 - EXTRA EQUIPMENT 19.1 The Employer agrees that operators of all extra equipment hired, rented or subcontracted, individually or collectively, to do work under Teamsters jurisdiction, must have all current monthly dues paid in full It is agreed that the Employer may hire extra equipment drivers and/or trucks only when the Employer's own drivers and trucks are fully employed. ARTICLE 20- DURATION OF AGREEMENT 20.1 Unless changed by mutual consent, the terms of this agreement shall continue in effect until the 30th day of April 2018, and shall continue automatically thereafter for annual periods of one year each unless either party notifies the other in writing within the period of ninety days immediately prior to the expiration date that it desires to amend this agreement Negotiations shall begin within fifteenth days following notification for amendment as provided in the preceding paragraph If pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this agreement, or the making of a new agreement prior to the current expiry day, this Agreement shall continue in full force and effect until a new agreement is signed between the parties, or until conciliation proceedings prescribed under the Ontario Labour Relations Act, 1995, have been completed, whichever date should first occur. IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by its authorized representatives as of the date and year first above written. FOR THE UNION Phi Mascioli

12 Mascioli Construction Company Ltd. - Expiring April 30 1 h, 2018 Page 11 LETTER OF UNDERSTANDING JOINT MANAGEMENT AND LABOUR COMMITTEE This letter of intent shall become part of the Agreement to provide for establishing a Joint Committee whose primary purpose is to investigate means by which to increase the productivity of all employees of Mascioli Construction Company Limited (Construction), matters of mutual interest which are not properly the subject matter for a grievance shall be address during these meetings, such committee shall meet bi-monthly or as deemed necessary and shall consist of a Chairman who shall be a senior officer of the Company, and representative of both management and employees. FOR THE COMP ANY FOR THE UNION