Collective Agreement. between. Ontario Public Service Employees Union on behalf of its Local 649. and

Transcription

1 Collective Agreement between Ontario Public Service Employees Union on behalf of its Local 649 and Cochrane Highway Maintenance Limited (CHML) Full-Time Seasonal Employees DURATION: June 2, June 1, 2019 #;/\ OPSEU 11/LJsEFPO Sector

2 TABLE OF CONTENTS ARTICLE 1 - RECOGNITION... 1 ARTICLE 2 - DEFINITIONS... :... 1 ARTICLE 3 - MANAGEMENT RIGHTS... 2 ARTICLE 4 - NO DISCRIMINATION... 2 ARTICLE 5 - CHECK OFF OF UNION DUES... 2 ARTICLE 6 - INFORMATION TO NEW EMPLOYEES... 3 ARTICLE 7 - POSTING AND FILLING OF VACANCIES... 3 ARTICLE 8 - HEAL TH AND SAFETY....4 ARTICLE 9 - SHIFT SCHEDULES... 5 ARTICLE 10 - CALL BACK... 5 ARTICLE 11 - KILOMETRIC RATES... 6 ARTICLE 12 - TIME CREDITS WHILE TRAVELING... 6 ARTICLE 13- PYRAMIDING OF PREMIUMS... 6 ARTICLE 14 - LABOUR MANAGEMENT COMMITTEE...? ARTICLE 15- PROBATION...? ARTICLE 16 - SENIORITY... 8 ARTICLE 17 - LAYOFF AND RECALL... 9 ARTICLE 18 - DISCIPLINE ARTICLE 19 - GRIEVANCE PROCEDURE ARTICLE 20 -ARBITRATION ARTICLE 21 - UNION LEAVE ARTICLE 22 -APPOINTMENT OF UNION STEWARDS ARTICLE 23 - JURY DUTY ARTICLE 24 - RESERVIST LEAVE ARTICLE 25 - WAGES (SEASONAL) ARTICLE 26 - OVERTIME ARTICLE 27 - GROUP BENEFITS AND PENSION FOR SEASONAL EMPLOYEES.. 19 ARTICLE 28 -WORKPLACE SAFETY AND INSURANCE ARTICLE 29 - SICK LEAVE ARTICLE 30 - VACATION ARTICLE 31 - HOLIDAYS ARTICLE 32 - BEREAVEMENT LEAVE ARTICLE 33 - SPECIAL AND COMPASSIONATE LEAVE ARTICLE 34 - PREGNANCY AND PARENTAL LEAVE ARTICLE 35 -ADDITIONAL LEAVES OF ABSENCE ARTICLE 36 - STRIKES AND LOCKOUTS ARTICLE 37 - TERM OF AGREEMENT SCHEDULE A - WAGES SCHEDULE B - COCHRANE AMC AREA LETTER OF UNDERSTANDING No. 1 - SIGNING BONUS AND LUMP SUM LETTER OF UNDERSTANDING No. 2 - SAFETY ALLOWANCE LETTER OF UNDERSTANDING No. 3- STUDENT EMPLOYEES... 28

3 PREAMBLE The purpose of this Agreement between the Employer and the Union is to establish and maintain: a) Harmonious labour relations between the parties; b) Satisfactory working conditions and terms of employment for all employees who are subject to this Agreement; and, c) A procedure for the prompt and equitable handling of grievances and disputes. It is understood that the provisions of this Agreement apply to all Bargaining Unit employees and that the parties are committed to work together on joint initiatives that further support diversity in the workplace. ARTICLE 1 - RECOGNITION 1.01 All Employees of Cochrane Highway Maintenance Limited employed in the parts of the District of Cochrane identified in the map attached as Schedule B of this Collective Agreement, save and except foreman and employees above the rank of foreman, office and clerical employees. Note: See Map Schedule B page Where the Employer establishes a new classification within the Bargaining Unit the Employer shall provide the Union with a copy of the classification description at the Labour Management Committee Upon written request to the employee's immediate Supervisor, an employee in the Bargaining Unit shall be provided with a copy of his or her current position description and other documents, if they exist, related to the duties and responsibilities of the position. This information shall be provided within twenty (20) working days of the request. ARTICLE 2 - DEFINITIONS 2.01 Seasonal Emolovees: are those employees who work for a period of at least eight (8) consecutive weeks in a recurring full-time seasonal position on an annual basis Contract Employee: are those employees who may be hired for a specific term not to exceed twelve (12) months, or such longer period for the 1

4 duration of the leave, to replace an employee who will be on an approved leave of absence or to cover for peaks in workload or for a specific project Student Employees: are those employees occupying a student position during his or her regular school, college or university vacation period or occupying a co-operative student position under a co-operative education program. ARTICLE 3 - MANAGEMENT RIGHTS 3.01 Under this Agreement, the following shall be vested exclusively in the Employer; the right and authority to manage the business and direct the workforce, including the right to hire and lay-off, appoint, assign, and direct employees; evaluate and classify positions; determine job qualification, skill levels and competencies of employees; discipline, suspend or terminate employees for just cause; determine staffing levels and hours of work; the right to introduce new and modified work methods and materials; the location of the workplace; the kinds and locations of equipment; the merit system; training and development opportunities; and, create, change or delete reasonable rules and regulations. It is agreed that these rights are subject to the provisions of this Collective Agreement Failure of the Employer to exercise any of its management rights in accordance with this Article shall not be considered as a waiver or abandonment of any such rights. ARTICLE 4 - NO DISCRIMINATION 4.01 There shall be no discrimination practiced by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, gender identity, gender expression or disability, as defined in Section 10 (1) of the Ontario Human Rights Code (OHRC) There shall be no discrimination or harassment practiced by reason of any employee's membership or activity in the Union. ARTICLE 5 - CHECK OFF OF UNION DUES 5.01 There shall be deducted from the regular bi-weekly pay of every employee employed in the Bargaining Unit a sum equivalent to the bi-weekly Union dues of the Ontario Public Service Employees Union. 2

5 5.02 The deduction referred to herein shall be remitted to the OPSEU The Union must advise the Employer in writing of the amount of its regular dues. The amount so advised shall continue to be deducted until changed by a further written notice to the Employer signed by authorized officials of the Union The Union agrees to indemnify and save the Employer harmless from any liability arising out of the operation of this Article Union dues shall be remitted to the Union monthly or more frequently as the parties may agree, accompanied by the employee name, employee ID number, employment status (i.e. active, leave with pay, leave without pay, terminated), pay rate amount, hours worked in the pay period, total dues deducted and total earnings of the employee on whose behalf the deduction is made. ARTICLE 6-INFORMATION TO NEW EMPLOYEES 6.01 A newly hired employee shall be informed in writing whether his or her position is within the Bargaining Unit and furnished the name and address of the Union Staff Representative The Employer shall make sufficient copies of the Collective Agreement available to ensure that all employees have access to the Collective Agreement. The parties agree to share the costs of the printing of the Collective Agreement. ARTICLE 7 - POSTING AND FILLING OF VACANCIES 7.01 When a vacancy occurs for a position covered by this Collective Agreement, that the Employer intends to fill and that is anticipated to last more than six (6) months, or the Employer creates a new position in the Bargaining Unit, it shall be advertised for no less than seven (7) calendar days prior to the established closing date. When practicable, notices of vacancies shall be posted either electronically or on bulletin boards. It is understood that the Employer may advertise any vacancy externally concurrently with an internal posting provided that internal applicants are given first consideration Notwithstanding Article 7.01 above, the Employer may hire qualified candidates who previously applied for a similar vacancy or new position provided that a competition was held during the previous twelve (12) 3

6 months. The Employer in these circumstances is not required to post or advertise the vacancy or new position. Where the Employer utilizes this provision, it shall notify the Local Union President where the vacancy or new position exists prior to filling the vacancy or new position In filling a vacancy, the Employer shall give primary consideration to qualifications and ability to perform the required duties. Where qualifications and ability are relatively equal, seniority shall be the deciding factor An applicant who is invited to attend an interview shall be granted time off with no loss of pay and with no loss of credits to attend the interview, provided that the time off does not unduly interfere with operating requirements With the agreement of the Union, the employee and the Employer, an employee may be assigned to a vacancy where the vacant position is identical to the position and classification occupied by the employee and, in that case, the job posting provisions of the Collective Agreement shall not apply Where the duties of a position are modified to accommodate an employee with a disability, the position shall not be considered a vacancy for the purposes of this Article Where the employee has applied and is awarded a position in a different location, the Employee will be responsible for any cost of relocation and/or travel and must be able to adhere to the schedule requirements of the position. ARTICLE 8 - HEAL TH AND SAFETY 8.01 Workplace Health and Safety is of the highest priority of the parties. As such, the parties acknowledge their joint responsibility for the adherence to the Occupational Health and Safety Act The Employer reserves the right to establish work rules related to Occupational Health and Safety, including drug and alcohol use. The Employer has the right 'to train the employees in the methods of performing their respective jobs safely The parties jointly recognize those employees who violate safety rules are subject to disciplinary action up to and including discharge. 4

7 8.04 The parties agree that they are jointly responsible for conducting workplace inspections on an as needed basis and at least twice annually. ARTICLE 9 - SHIFT SCHEDULES 9.01 Shift Changes: A shift may be changed without any premium or penalty if agreed upon between the employee and the Employer. It is understood that the Employer may change a posted shift schedule for operational or other reasons. In such instance, advance notice of forty-eight (48) hours will be provided to any impacted employee(s) Every reasonable effort shall be made to avoid scheduling the commencement of a shift within twelve (12) hours of the completion of the employee's previous shift provided however, that if any employee is required to work before twelve (12) hours have elapsed he or she shall be paid one and one half time (1 Yi) for those hours that fall within the twelve (12) hour period. It is understood that the term "shift" does not include any period of time in respect of which an employee is entitled to overtime payments or compensating leave in accordance with the Collective Agreement The parties acknowledge and agree that due to the nature of the work, the Employer is required, during winter season to extend its hours of operations; up to an including a 24/7 schedule. As such, employees are required to work rotating schedules to ensure this coverage The parties may also agree to enter into compressed work week agreements to enable the continuous operations during the winter season. ARTICLE 10 - CALL BACK An employee who leaves his or her place of work and is subsequently called back to work prior to starting time of his or her next scheduled shift shall be paid a minimum of four (4) hours pay at his or her straight-time hourly rate The Employer reserves the right to have the employee complete four (4) hours of work. 5

8 ARTICLE 11 - KILOMETRIC RATES If an employee is required by the Employer to use his or her own automobile on the Employer's business, the following rates shall be paid: km 0.41 cents/km km 0.36 cents/km km 0.30 cents/km over km 0.25 cents/km Kilometers are accumulated on the bases of a contract year (October 1 to September 30, inclusively) The use of privately owned automobiles on the Employer's business is not a condition of employment. ARTICLE 12-TIME CREDITS WHILE TRAVELING Employees shall be credited with all time spent in traveling outside of working hours when authorized by the Employer When travel is by automobile and the employee travels directly from his or her normal work location, time will be credited from the assigned hour of departure until he or she reaches his or her destination and from the assigned hours of departure from the destination until he or she reaches his or her normal work location When an employee is required to travel on his or her regular day off or a holiday listed in Article 31 (Holidays), he or she shall be credited with a minimum of four (4) hours All traveling time shall be paid at the employee's basic hourly rate or, where mutually agreed, by the compensating leave. ARTICLE 13 - PYRAMIDING OF PREMIUMS There shall be no duplication or pyramiding of any premium payments or compensating leave provided by the Collective Agreement. Pyramiding is where an employee receives multiple pay premiums for the same hours of work. 6

9 ARTICLE 14 - LABOUR MANAGEMENT COMMITTEE A joint Labour Management Committee (LMC) shall be established consisting of equal members of up to three (3) members from each party The Committee will discuss work-related matters of interest between the parties LMC discussions shall not be subject to mediation or arbitration. Either party may invite an additional representative for specific issues Such discussions shall not have the power to alter, amend, add or modify the terms of this Collective Agreement Bargaining Unit members attending LMC meetings shall be given time off with pay for scheduled hours they would have otherwise worked but for the LMC meeting. Those employees attending a meeting on a day off will be paid for the hours to attend the meeting at their regular hourly rate. ARTICLE 15-PROBATION A seasonal employee's probation period shall be one (1) full period of seasonal employment of at least twenty-four (24) weeks each, worked in the same position Contract employees will be credited with seniority where there is not any break in service Continuous service shall be deemed to have terminated if: a) An employee resigns or retires; or, b) An employee is dismissed unless such dismissal is reversed through the grievance procedure; or, c) An employee is absent in excess of three (3) days without notification or satisfactory proof of absence to the Employer A seniority list, including the employee's names, employee ID number, date of continuous service, classification and location shall be maintained and provided to OPSEU twice annually During the probationary period, an employee shall be considered as being employed on a trial basis and may be disciplined or dismissed by the Employer in its sole discretion. No grievance shall be filed by a 7

10 probationary employee or the Union that the discipline or dismissal of a probationary employee was not for just cause. ARTICLE 16 - SENIORITY A seasonal employee's seniority will accumulate upon completion of his or her probation and shall include: a) All hours worked as a seasonal employee at the straight-time rate; and, b) Periods of authorized paid leave in accordance with Article 29 (Sick Time) A seasonal employee shall not lose his or her seniority, where he or she is unavailable for or declines an offer for re-employment for the following reasons: a) She is pregnant and is expected to give birth on a date which falls within the contract period for which she is offered re-employment or up to seventeen (17) weeks before the commencement of the contract period for which the employee is offered re-employment; or, b) The employee or the employee's spouse has given birth or adopted a child and the employee is on a parental leave within thirty-seven (37) weeks of the commencement of the contract period for which the employee is offered re-employment; and, c) The employee submits a certificate from a legally qualified medical practitioner verifying the anticipated or actual date of birth, or documentation establishing the date of placement of a child in the employee's home, as applicable. It is understood that an employee must report the end date of their leave and where it is determined that there is enough time remaining in the season the employee may be required to return to work for the balance of the season following the leave, unless on an approved leave of absence. This determination will be made by the Employer and communicated to the Employee in advance A seasonal employee shall not lose his or her seniority where he or she is unavailable for or declines an offer of re-employment if the employee is ill and unable to work and the illness is certified by a legally qualified medical 8

11 practitioner or is injured or suffering an occupational disease and is receiving an award under the Workplace Safety and Insurance Board. ARTICLE 17 - LAYOFF AND RECALL This provision applies only to those employees who have been declared surplus to the Employer's needs. All layoffs will be done in accordance with the Employment Standards Act, Where a lay-off may occur for any reason, the identification of a surplus employee and the subsequent recall shall be in accordance with seniority, provided all other qualifications and performance are equal, subject to the conditions set out in this Article A person who has -been laid off is entitled to be recalled to a position that becomes vacant within twelve (12) months after his or her lay-off if there is no other person who is qualified to perform the required duties who has the following: a) A greater length of continuous service; and, b) Is eligible for assignment to the vacancy Where a person has been laid off is recalled, he or she shall be paid at a rate within the position's salary range equivalent to the rate at which he or she was paid immediately prior to lay-off Employees who are laid off and subject to recall shall keep the Operations Manager (or designate) informed of any change of address, and/or telephone numbers, and/or home (if any). Such changes must be sent in writing or electronically. Employees are solely responsible for checking their mail (both hard copy and ) on a regular basis; failure to check their mail does not oblige the Employer to hold position open for that individual. An employee may also reasonably keep the Employer informed of his or her continued interest in recall Where a person has been laid off and is recalled to a position, the Employer shall serve written notice of such recall to the person to the last address filed with the Employer. Written notice of recall shall be sent by certified mail, electronic mail or another means whereby receipt of such notice is confirmed by the deliverer. Laid off employees recalled must accept the notice of recall and report for duty within the time limits stipulated below: 9

12 a) The employee must accept the recall, in writing, within five (5) working days of receipt of written notice; and, b) An employee accepting recall shall report for duty within ten (10) working days of receiving written notice thereof, or on such other date specified in the notice A person shall lose his or her rights to recall and his or her employment upon the earlier of: a) The date he or she does not attend a recall interview when requested by the Employer; or, b) The date he or she does not accept an appointment; or, c) Having accepted an appointment in accordance with this Article, he or she fails to report for duty on the date specified; or, d) twelve (12) months after the date of his or her lay-off A laid off employee who applies for a vacancy advertised in accordance with Article 7 (Posting and Filling of Vacancies or New Positions) and who is subsequently appointed to that position shall lose his or her rights to recall pursuant to this Article Extension/Early Recall: It is understood that seasonal recall and/or layoff may be staggered, extended and/or delayed based on emergency circumstances, weather issues and/or Ministry ordered work, will be on the basis of seniority and availability in each patrol yard For greater clarity, it is understood that the MTO RFP does not set out the dates by which seasonal staff are recalled or laid off. ARTICLE 18 - DISCIPLINE It is understood that the right of the Employer to discipline or dismiss employees who have completed their probationary period shall be for just cause. The Employer's right to discipline or dismiss is subject to the right of an employee to grieve such action For greater certainty, it is understood that nothing in Article confers on a probationary employee any right to grieve or arbitrate his or her 10

13 dismissal and the dismissal of a probationary employee shall not constitute a difference between the Employer and the Union Disciplinary Record: Any letter of reprimand, suspension or other sanction will be removed from the record/files of an employee twenty-four (24) months following receipt of such letter, suspension or other sanction provided that the employee's record/files have been clear of similar offences for the twenty-four (24) months. Any such letter of reprimand, suspension or other sanction so removed cannot be used in any subsequent proceedings. ARTICLE 19-GRIEVANCE PROCEDURE A covered employee shall have the right to present grievances involving the interpretation of this Agreement and concerning any dispute within the scope of this Agreement. Employee shall have the right, upon request, to the presence of a Union Representative (in person or by phone) at any stage of the grievance procedure or at any time when formal discipline is imposed. Where the Employer deems it necessary to suspend or discharge an employee, the Employer shall notify the Union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. Informal Complaint: It is the mutual desire of the parties hereto that complaints and grievances shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he or she has first given his or her immediate Supervisor the opportunity of adjusting his or her complaint. Such complaint shall be discussed with his or her immediate Supervisor within five (5) working days or when he or she ought reasonably to have become aware of the event giving rise to the grievance. The Supervisor has five (5) working days to verbally communicate his or her decision from the date of the discussion with the employee. Step 1: If the complaint under Article is not resolved within ten (10) working days after the date of the Supervisor's decision, the employee may file a grievance in writing signed by the grievor and the Union Representative and presented to the employee's direct Supervisor (or designate) with a 11

14 copy to the Human Resource Department. The grievance shall identify the nature of the grievance, the remedy sought, and must specify the provisions of the Agreement which are alleged to have been violated. The Supervisor (or designate) has ten (10) working days to communicate his or her decision, in writing, from the date the grievance was submitted at Step Step 2: If the complaint under Article is not resolved within ten (10) working days after the date of the Supervisor's decision, the employee may forward the grievance in writing to Step 2 and presented to the Operations Manager (or designate) with a copy to the Human Resource Department. The Operations Manager (or designate) has ten (10) working days to communicate his or her decision, in writing, from the date of the grievance was submitted at Step 2. The Employer may hold a meeting to discuss the grievance and in such instance the timeline to respond in Article shall be extended to ten (10) working days following the meeting Policy Grievance: a) A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated, in writing, at Step 2 with the Operations Manager (or designate), with a copy to the Human Resource Department, within ten (10) working days following the circumstances given rise to the grievance. b) It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which he or she could have instituted himself or herself and the regular grievance procedure shall not be bypassed. Where the grievance is an Employer grievance, it shall be filed with the Local Union President (or designate). c) Where a policy grievance is filed in accordance with this Article, the Employer shall provide a response in writing to the grievance within ten (10) working days following the date the grievance was filed Group Grievance: Where a number of employees have identical grievance and each one would be entitled to grieve separately, they may present a group grievance in writing through the Local Union, signed by each employee 12

15 who is grieving and the Local Union President or designate, to the Operations Manager (or designate), with a copy to the Human Resource Department, within ten (10) working days or such time as they ought reasonably to have become aware of the circumstances given rise to the grievance has occurred. The grievance shall then be treated as an individual grievance. Should it become apparent that the assumption of "identical" not be as understood, the parties agree that such group grievances may be bifurcated in this process Discharge or Suspension Grievance: A claim by an employee who has completed his or her probationary period that he or she has been dismissed without cause shall be treated as a grievance. Such grievance shall be submitted through the Local Union, signed by the griever and the Local Union President (or designate) to the Operations Manager (or designate), with a copy to the Human Resource Department, within ten (10) working days after the effective date of the discharge. Such grievance may be settled by: a) Confirming the Employer's action in dismissing the employee; or, b) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or, c) any other arrangement which may be deemed just and equitable Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted for arbitration as herein provided Where a grievance is not processed within the time allowed or has not been processed by the employee or the Union within the time prescribed, it shall be deemed to have been withdrawn The time limited contained in this Article may be extended by agreement of the parties in writing During the probationary period, an employee shall be considered as being employed on a trial basis and may be dismissed by the Employer in its sole discretion. No grievance shall be filed by a probationary employee or the Union that the dismissal of a probationary employee was not for just cause. 13

16 ARTICLE 20 - ARBITRATION a) Should the Operations Manager (or designate) fail to render a written decision as required in Step 2 or failing settlement of any grievance under Article 19, the grievance may be referred to arbitration by either the Employer or the Union within ten (10) working days from the date a decision is rendered at Step 2 or where a response is not provided in accordance with the timeline set out in Step 2, except where the parties have agreed to an extension, in writing, of the timelines. b) The request shall be in writing, addressed to the other party, and shall contain the suggested names of arbitrators By mutual agreement, the parties can create a list of arbitrators from which one will be jointly selected. In the event the parties cannot agree on an arbitrator, the parties shall have one (1) appointed in accordance with the Ontario Labour Relations Act In any case, a grievance must be referred to arbitration, by written notice to the party opposite, within ten (10) working days of the Employer's or the Union's response pursuant to Articles 19.03, 19.04, 19.05, 19.06, or as the case may be. In the notice to arbitrate, the referring party shall indicate whether it prefers the grievance to advance in accordance with Section 50 of the Ontario Labour Relations Act and propose the names of three (3) arbitrators/mediators to hear, determine and/or assist to resolve the grievance. If a notice to arbitrate is not received within the time prescribed by this Agreement, the grievance shall be deemed to have been abandoned The parties agree that any matter referred to arbitration will be heard by a single arbitrator No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, except as herein provided or by mutual agreement in writing between the parties No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, or to alter, modify, add to or amend any part of this Agreement The decision will be final and binding upon the parties hereto and the employee(s). 14

17 20.09 Each of the parties will share equally the fees and expenses of the arbitrator and bear their own respective fees and costs The time limits set out in this Article are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned Notwithstanding the time limits as set out herein, in the interest of bringing the matter to an expeditious conclusion where the decision or response is provided in less than the number of days provided above, any subsequent response will be measured from the receipt of the response For the purpose of this Agreement, "working days" excludes Saturday's, Sunday's, and public holidays in accordance with Article 31 (Holidays) of this Agreement An employee who has a grievance and is required to attend meetings with the Employer during the grievance procedure, including the complaint stage, prior to referral to arbitrate, shall be given time off with no loss of pay, at straight time to attend such meetings. There shall be no entitlement to overtime or premium pay obligation Article shall also apply to the Union Steward, if applicable. ARTICLE 21 - UNION LEAVE Union Convention & Related Functions: Upon at least fourteen (14) days' written notice by the Union, leave of absence with pay and no loss of seniority shall be granted for employees to attend, as approved delegates, the Union's Annual Convention or other related functions Union Leadership Positions: a) When an employee is elected as the Union's President or First Vice-President, the Union will, immediately following such election, advise the Employer of the name of the employee so elected. Leave of absence with pay shall be granted from the employee's location of employment for the duration of the current term of office. b) During the term of such leave of absence, the Union will reimburse the Employer for the salary paid to the employee on such leave of absence and contribute the Employer's share of contributions to the 15

18 Employer Pension Plan and the Canada Pension Plan, provided the employee continues to contribute his or her portion to the respective plan. The Union will make the Employer's contribution to any prevailing health or other plans applicable to the elected employee and pay the costs of attendance credits accumulated during the leave of absence. The Union will make the Employer's contribution for Employment Insurance. c) On completion of the employee's term of office, the President or First Vice-President may return to their previous employment and service shall be deemed to be continuous for all purposes. Any leave of absence extending beyond the initial term of office of the President or First Vice-President shall be a matter to be determined between the parties and such additional leave shall be subject to the same conditions and terms as prevailed in the initial leave of absence Leaves for Union business shall also be subject to the following criteria: a) Upon request by the Union, confirmed in writing, and provided that reasonable notice is given, leave of absence with no loss of pay and with no loss of seniority shall be granted to employees elected as Executive Board Members and Executive Officers of the Union, for the purpose of conducting the internal business affairs of the Union; and, b) The Union will advise the Employer of the names and locations of such employees, immediately following their election The leave under this Article shall be with pay and without loss of credits and reimbursement to the Employer shall be paid by the Union within sixty (60) days of receipt of invoice Negotiations: Leaves of absence with no loss of pay and with no loss of seniority shall be granted to a member of the Union who participates in negotiations up to but not including conciliation, provided that no more than three (3) employees at any one time shall be permitted such leave for the negotiation of the Collective Agreement. Any time that is not covered in Article shall be with pay and without loss of credits and reimbursement to the Employer shall be paid by the Union in accordance with Article Leaves of absence granted under Article 21 (Union Leave) shall include reasonable travel time. 16

19 A member of the Union's bargaining committee shall be paid for scheduled hours the employee would have otherwise worked but for negotiations (not to exceed eight (8) hours per day) during the days from Monday to Friday during which bargaining occurs or travel time occurs. It is understood that seasonal employees will not be paid for time at bargaining where bargaining occurs outside the seasonal employment period Members of the Union granted leaves of absence under Article shall also be granted reasonable time off to attend Union bargaining committee caucus sessions held immediately prior to such negotiations. Such leave shall be with pay and without loss of credits and reimbursement to the Employer shall be paid by the Union in accordance with Article It is understood that leaves of absence in accordance with this Article will be subject to operational requirements and demands. Permission shall not be unreasonably withheld. ARTICLE 22 - APPOINTMENT OF UNION STEWARDS The Employer recognizes the right of the Union to appoint or otherwise elect up to three (3) employees as Stewards, of whom one (1) will be the Chief Steward. Stewards shall be regular employees of the Employer who are in the Bargaining Unit and who have successfully completed probation. The Union shall notify the Employer, in writing, of the names of the Stewards that have been selected. The Employer shall not be required to recognize any such Stewards until it has been notified by the Union of the appointment. This list will be revised as changes occur. Stewards should be accessible and available. To this end, the Union will endeavour to have a Steward at each of the three (3) main yards (Cochrane, Hearst and Timmins) Union Business: The Union recognizes and agrees that Stewards have regular duties to perform in connection with their employment and that such persons must continue to perform their regular duties, and that except in rare circumstances, the business of administrating this Agreement will be attended to outside of regular working hours and with the least possible interference with Employer operations. 17

20 Where permitted by this Agreement and/or as otherwise permitted by the Employer, before leaving their regular duties, a Steward must obtain permission from their immediate Supervisor to do so, and when resuming their regular duties must report to their Supervisor. Such permission shall not be unreasonably withheld All time spent in performing such Union duties, during regular working hours, shall be considered as time worked for the purposes of seniority and other benefits accrued through time worked, expect for the calculation of overtime It is understood that time at arbitration shall not be compensated by the Employer, except where an employee is called as a witness for the Employer A Union Representative shall not interfere with or disrupt the services provided by the Employer in the execution of their duties as a Steward. ARTICLE 23 - JURY DUTY Where an employee is absent by reason of a summons to service as a juror or a subpoena as a witness in a judicial proceeding, the employee may request a leave of absence without pay. ARTICLE 24 - RESERVIST LEAVE The Employer may grant leave of absence for not more than one (1) week without pay, and any other leave shall be in accordance with the "Reservist Leave" provision of the ESA Section 50, Sub 2, as amended. ARTICLE 25 - WAGES (SEASONAL) The rate of the equivalent classification shall apply. If there is no equivalent classification, the rate shall be set by the Employer and the Union shall have the right to negotiate the rate during the appropriate salary negotiations Seasonal employees shall be eligible based on attaining the required hours of 2,080 hrs. = 1 year, to progress through the salary range in the same position after they have completed their probationary period. It is understood that the pay rate change when the employee progresses to the next step in the salary range will take effect at the beginning of the 18

21 first pay period following them reaching the required number of hours, without retroactivity. ARTICLE 26 - OVERTIME The overtime rate for the purposes of this Agreement shall be one and one-half time (1 %) the employee's basic hourly rate In the assignment of overtime, the Employer agrees to develop methods of distributing overtime at the local workplace that are fair and equitable after having ensured that all its operational requirements are met In this Article, "overtime" means an authorized period of work calculated to the nearest half-hour and performed in excess of eighty (80) hours bi-weekly Overtime shall be paid within two (2) months of the pay period within which the overtime was actually worked. ARTICLE 27 - GROUP BENEFITS AND PENSION FOR SEASONAL EMPLOYEES Subject to the limitations provided in this Agreement, the Employer agrees to continue to remit its share of the premiums for the group benefit plan, subject to the employee remitting his or her share of such premiums. For greater clarity, it is understood and agreed that the Employer's obligation is in respect of the payment of the premium(s) for insurance only and that all decisions respecting eligibility and approval/denial of claims are to be made exclusively by the insurer It is agreed that benefits will be provided in accordance with the Employer's Group Benefit Plan. Seasonal employees are not entitled to short-term and long-term Disability benefits and are entitled to limited amounts for Group Life. The benefit plan will provide basic health, dental, life and AD&D coverages. Eligibility: Seasonal employees are entitled to Employee Benefits under this Article effective commencement of the second season of continuous employment except that on subsequent consecutive period of seasonal employment which qualify the employee for these benefits, coverage shall commence upon return to their first scheduled shift. For Seasonal Employees, dental benefits are limited to prescribed 19

22 amounts in accordance with the benefit plan Payment of Premiums: The Employer shall pay one hundred percent (100%) of the monthly premiums for Group Benefits, except as otherwise noted in the Collective Agreement. Group Benefits shall be extended to include same sex spouses. Group Benefits shall be discontinued while on a leave of absence in excess of thirty (30) days, except during pregnancy and parental leave and WSIB leave. Employees may continue their participation in the plan provided they pay one hundred percent (100%) of the monthly premiums and provided the carrier permits. Pension: a) All seasonal full-time employees shall be eligible to participate in the Employer pension plan after two (2) years of continuous service. This is a defined contribution pension plan. Eligible Employees may elect to join the plan and shall contribute five percent (5%) of their gross pensionable earnings and the Employer shall match such contributions. The plan shall be governed in accordance with the Employer's pension plan and related policies. b) Employees who are enrolled in the plan may make additional contributions to the plan, on a voluntary basis, up to a maximum of an additional three percent (3%) of their gross pensionable earnings. Such additional contributions will not be matched by the Employer. ARTICLE 28 - WORKPLACE SAFETY AND INSURANCE Where an employee is absent by reason of an injury or occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary shall be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled shall be an amount owing by the employee to the Employer Where an employee receives an award under the Workplace Safety and Insurance Act, the Employer will continue subsidies for Basic Life, Supplementary Health and Hospital and the Dental Plans for the period 20

23 during which the employee is receiving the award. The Employer shall continue to make the Employer's pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee's pension contributions. ARTICLE 29 - SICK LEAVE For seasonal full-time employees, up to two (2) paid sick days per season, and fifty percent (50%) of unused paid out at the end of the paid working season There shall be no carry-over of sick leave from one season to another season. ARTICLE 30 - VACATION Seasonal full-time employees shall be entitled to vacation benefits as follows: six percent (6%) of employee's gross pay based on regular hours Contract employees all other employees shall be entitled to vacation benefits as follows: four percent (4%) of employee's gross pay based on regular hours Student employees shall be entitled to vacation benefits as follows: four percent (4%) of employee's gross pay based on regular hours. ARTICLE 31 - HOLIDAYS Holidays: New Year's Day Good Friday Canada Day Labour Day Christmas Day Family Day Victoria Day Civic Day Thanksgiving Day Boxing Day Where an employee works on a holiday included under this Article, he or she shall be paid at a rate of time and one half (1 Y2) his or her basic hourly rate for all hours worked with a minimum credit of the number of regularly scheduled hours. 21

24 31.03 When a holiday included under this Article coincides with an employee's scheduled day off and he or she does not work on that day, the employee shall be entitled to receive another day off without pay All employees will be provided with holiday pay in accordance with the Employment Standards Act. ARTICLE 32 - BEREAVEMENT LEAVE An employee who would have otherwise have been at work shall be allowed up to three (3) consecutive days' leave of absence with pay in the event of the death of his or her spouse, mother, father, mother-in-law, father-in-law, son, daughter, stepson, step-daughter, brother, sister, son-in-law, sister-in-law, brother-in-law, grandparent, grandchild, ward, guardian, stepmother, stepfather, step-grandparent, step-grandchild or same-sex spouse An employee who would otherwise have been at work shall be allowed one (1) day leave of absence with pay in the event of the death and to attend the funeral of his or her aunt, uncle, niece or nephew In addition to the foregoing, an employee shall be allowed up to two (2) days' leave of absence, without pay, to attend the funeral of a relative listed in Articles and above, if the location of the funeral is greater than eight hundred kilometres (800 km) from the employee's residence. ARTICLE 33 - SPECIAL AND COMPASSIONATE LEAVE The Employer may grant an employee leave of absence without pay for not more than three (3) days in a year upon special or compassionate grounds The granting of leave under this Article shall not be dependent upon or charged against accumulated credits. ARTICLE 34-PREGNANCY AND PARENTAL LEAVE Pregnancy leave will be in accordance with the Employment Standards Act, 2000 and Service Canada regulations for Employment Insurance Parental leave will be in accordance with the Employment Standards Act, 2000 and Service Canada regulations for Employment Insurance. 22

25 ARTICLE 35 - ADDITIONAL LEAVES OF ABSENCE The Employer shall provide further leaves of absence in accordance with the provisions of the Employment Standards Act, as amended. Employees will continue to earn seniority and credits for length of service and length of employment while on these leaves. ARTICLE 36 - STRIKES AND LOCKOUTS The parties agree that there shall be no strikes or lock-outs during the term of this Collective Agreement. A "strike" or "lockout" shall be defied as per the Ontario Labour Relations Act, as amended. ARTICLE 37 - TERM OF AGREEMENT This Agreement covers the period from June 2, 2017 until June 1, This Collective Agreement shall continue automatically thereafter for annual periods of one (1) year each unless either party serves notice on the other in writing that it wishes to bargain for a new Collective Agreement in accordance with the Labour Relations Act, 1995, as amended. Dated at Timmins, Ontario, this 'Li h--, day of.(,,_4-p_pi _, / _L_", For the Union \ 23

26 SCHEDULE A - WAGES Patroller Operator $22.40/hr $22.98/hr $23.49/hr $24.20/hr Patroller Operator $22.85/hr $23.44/hr $23.96/hr $24.68/hr Note: Seasonal employees shall be eligible based on attaining the required hours of 2,080 hr. = 1 year, to progress through the salary range in the same position after they have completed their probationary period and based on merit (satisfactory performance). 24

27 SCHEDULE B - COCHRANE AMC AREA COLLECTIVE AGREEMENl between COCHRANE HIGHWAY MAINTENANCE LIMITED and OPSEU Expires: June 1, 2017 SCHEDULES: COCHRANt AREA AMC -48-\Pag:-,c -- - /

28 LETTER OF UNDERSTANDING No. 1 BETWEEN Cochrane Highway Maintenance Limited (CHML) AND Ontario Public Service Employees Union (OPSEU) RE: SIGNING BONUS AND LUMP SUM PAYMENTS UPON RATIFICATION 1. The Employer agrees to provide the following signing bonus and lump sum payments, minus applicable statutory deductions, as follows: Signing Bonus Within sixty (60) days of ratification, all seasonal employees active at ratification will be provided with a lump sum payment in the amount of two hundred dollars ($200.00) as a signing bonus, minus applicable statutory deductions. 2. Lump Sum On the first pay of the Winter Season returning seasonal employees who return at the recall date for the Winter Season will be provided with a lump sum payment in the amount of two hundred dollars ($200.00), minus applicable statutory deductions. 3. This Letter of Understanding shall be effective upon ratification and will be two (2) one-time payments in accordance to the above. This letter shall cease following the second payment. Dated at Timmins, Ontario, this 4Lf-lvi day of Mr:<. IL '2018. For the Union.. 26

29 LETTER OF UNDERSTANDING No. 2 BETWEEN Cochrane Highway Maintenance Limited (CHML) AND Ontario Public Service Employees Union (OPSEU) RE: SAFETY ALLOWANCE The Employer will reimburse employees for the cost of safety clothing, boots and/or safety equipment not provided by the Employer and that are approved by the Employer to a maximum of two hundred and fifty ($250.00) every season to each employee. Replacements will be at the discretion of management. No carry-over of this allowance is permitted from year to year. An employee who leaves part-way through the season will be entitled to the safety allowance on a pro-rated basis. Any overpayment will be deducted from the employee's final pay. It is understood that a receipt must be submitted on the appropriate expense form for reimbursement. Reimbursement shall be paid along with the employees' regular pay. All purchases made in accordance with this Letter of Understanding must be for work related purposes. Dated at Timmins, Ontario, this L.L-j ~ day of _~ j{_i L, For the Union \ 27