7 ' FILE COPY. ~i.iog{)o~ ~o1. COllECTIVE AGREEMENT BETWEEN: ...] -and- E. & E. SEEGMILLER LIMITED. (the "Employer'~

Transcription

1 ...]. / 7 '. FILE COPY ) ~i.iog{)o~ ~o1 COllECTIVE AGREEMENT BETWEEN: E. & E. SEEGMILLER LIMITED (the "Employer'~ -and- INTERNATIONAL UNION OF OPERATING ENGINEERS, Local 793 (the "Union'~ Expiry Date: December 31st, 1997

2 , I ' ) ') INDEX MASTER PORTION ARTICLE PAGE Purpose and Recognition Union Security 2 3 Management Rights 2 4 Grievance Procedure Arbitration Union Representation 5 7 Productivity 5 8 No Strike- No Lockout 5 9 Payment of Wages 5 10 Hours of Work, Rates of Wages, Vacation and Statutory Holiday Allowance and Working Conditions 6 11 Benefit Contributions 7 12 Training Fund 7 13 Pension Plan 7 14 Training Period 7 15 Duration of Agreement 7 DATED SIGNING PAGE 8 SCHEDULES A Classifications and Wages 9 B Map Areas 10 c Map 11

3 . ~,:.,,,, '' COLLECTIVE AGREEMb.. BETWEEN: E. & E. Seegmiller Limited P.O. Box Charles Street, East Kitchener, Ontario N2G 4B7 hereinafter referred to as the "Employer" -and- Telephone: (519) International Union of Operating Engineers, Local 793 hereinafter referred to as the "Union" ARTICLE 1- PURPOSE AND RECOGNITION 1.1 The Employer and the Union each agree that the purpose and the intent of this Agreement is to promote co-operation and harmony, to recognize mutual interest, 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 Employer, to promote efficiency and service and set forth herein the basic agreement controlling rates of pay, hours of work, dispute procedure, and conditions of employment. 1.2 There shall be no effort by either signatory to misinterpret, read into, or delete from any of the provisions of this Agreement. 1.3 Therefore, this Agreement, between the Union and the Employer signed by the accredited officials of both parties has been mutually agreed upon and the terms as laid out shall be carried out in letter and spirit by both parties. The Agreement covers certain employees of the Employer engaged in on site road construction, sewer and watermain construction, common excavation and building site preparation etc. and all work incidental thereto. This Agreement shall not apply to work performed within the industrial, commercial and institutional sector of the construction industry. 1.4 When an employee is hired in an area of the Province, and is transferred by his Employer to another area, he shall not receive a reduction in wages or other conditions. 1.5 In those areas of the Province which are outlined and numbered on the attached Schedules and map marked as Schedules "B" and "C", where there exists an agreement between an Association of Sewer and Road Contractors and the Union or a dominating agreement between a local Sewer or Road Contractor the Employer agrees to abide by the wage rates, vacation pay, statutory holiday pay, hours of work, overtime, shift premium, benefit plan contributions, pension plan contributions, training fund contributions, working dues deductions, regular monthly dues deductions, travel allowance, reporting allowance, hiring hall and sub-contracting provisions of said agreement. It is further agreed that regular employees of the Employer will not be required to obtain a clearance card to work in any area of the Province except when the Employer performs work on a project covered by the EPSCNOACTC Agreement.

4 ... :. '.. 2 'I Article 1 - continued 1.6 It is understood that where the masculine gender is used in this Agreement it shall also apply to the feminine gender. ARTICLE 2 - UNION SECURITY 2.1 Each employee shall, when working in a position within the bargaining unit described in Article 1 hereof, be required as a condition of employment to have dues checked off on the basis of Eighteen Dollars and Fifty Cents ($18.50) per month and one and one-half percent (1-1 /2 %) of gross pay for all hours worked, or as set out in the appropriate agreement. 2.2 It is agreed that all Union members as of the signing of this Agreement shall maintain their Union membership in good standing for the duration of this contract as a condition of employment. 2.3 It is expressly understood and agreed that the Employer shall not be required to discharge any employee for violation of the provisions of this Article for any reason other than the non-payment of regular union dues, notwithstanding anything to the contrary herein contained. 2.4 Where an employee authorizes his Employer in writing, to deduct Union initiation fees from his pay, the Employer will honour such authorization and make the deductions as authorized in accordance with the provision of Article 2.1 hereof. 2.5 The Employer agrees to give preference to those sub-contractors who area in contractual relations with Local 793 for work covered by this Agreement provided such sub-contractors are available, capable and prepared to bid competitively at the time of tendering. ARTICLE 3- MANAGEMENT RIGHTS 3.1 The Union agrees that it is the exclusive function of the Employer: a) to conduct its business in all respects in accordance with its commitments and responsibilities, including the right to manage the jobs, locate, extend, curtail, or cease operations, to determine the number of men required at any or all operations, to determine the kinds and locations of machines, tools and equipment to be used and the schedules of production, to judge the qualifications of the employees and to maintain order, discipline and efficiency; b) to hire, discharge, classify, transfer, promote, demote, lay-off, suspend or otherwise discipline employees, provided that a claim by an employee that he has been discharged or disciplined without reasonable cause shall be subject to the provisions of the Grievance Procedure: c) to make, alter from time to time, and enforce reasonable rules of conduct and procedure to be observed by the employees. It is agreed that these functions shall not be exercised in a manner inconsistent with the express provisions of this Agreement.

5 ,..... :. 3 ARTICLE 4- GRIEVANCE PROCEDURE 4.1 There shall be an earnest effort on the part of both parties to this Agreement, to settle promptly through the procedure set herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this Agreement. 4.2 All grievances to be dealt with under Step #2 below, shall be in writing, on a form supplied by the Union and signed by the employees having such grievance. 4.3 Written grievances, to be valid, shall set out the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought, and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the case of remedy, by an Arbitration Board. 4.4 In determining the time which is allowed in the various steps, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing. 4.5 If advantage of the provisions of Articles 4 and 5 hereof is not taken within the time limits specified therein or as extended in writing as set out below, the grievance shall be deemed to have been abandoned and may not be reopened. 4.6 The Employer shall designate and name the official to whom a written grievance is submitted at Step # It is understood and agreed that an employee does not have a grievance until he has discussed the matter with his foreman or other supervisory personnel acting in this capacity and given him an opportunity of dealing with the complaint. His decision shall be made known to the said employee within forty-eight (48)( hours. Grievances properly arising under this Agreement shall be adjusted and settled as follows: STEP #i Within ten (10) full working days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee and/or a Union representative, shall present the grievance in writing to the officials of the Employer named by the Employer to handle the grievances at this Step. If a settlement satisfactory to the Union and the employee concerned is not reached within two (2) full working days, the grievance may be presented as indicated in Step #2 at any time within five (5) full working days thereafter or if the grievance involved monetary, discipline or discharge matters, not involving the interpretation of the Agreement to final and binding determination. STEP #2 A meeting of the parties or their designates (and including the grievor) will be held to discuss the grievance within ten (1 0) full working days of the first stage meeting. If a satisfactory settlement is not reached within five (5) working days, either party may submit the grievance to arbitration within five (5) days thereafter.

6 :... 4 Article 4 - continued b)- The Union may process a written grievance which involves a number of employees of the Employer or the interpretation of the Agreement. Such grievances shall be commenced at Step #2 of the above procedure. The Employer may process a written grievance alleging violation of or the interpretation of this Agreement at Step #2 of the above procedure. Such grievances shall be commenced at Step #2 within ten (1 0) full working days after the circumstances giving rise to the grievance occurred or originated. c) - No decision or settlement involving any grievance which has been dealt with at Step #1 above, other than grievances which have been properly referred to final and binding determination, shall be used by any party as a precedent in future cases and shall be treated as only applicable to the grievance in question. 4.8 Notwithstanding the above, the grievance concerning wages and fringe benefits may be presented with thirty (30) days after the circumstances giving rise to the grievance occurred or originated and further provided that a grievance concerning Welfare or Pension contributions may be presented within thirty (30) days after the particulars of such grievance should have reasonably become first known to a Union Representative. ARTICLE 5- ARBITRATION 5.1 The parties to this Agreement agree that any grievance which has been properly carried through all of the steps of the grievance procedure outlined in Article 4 may be referred to a Board of Arbitration or other final determination within twenty (20) working days after completion of Step #2 of Article The Board of Arbitration will be composed of one person appointed by the Employer, one person appointed by the Union and a third person to act as Chairman chosen by the other two members of the Board. 5.3 Within five (5) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee. 5.4 Should the person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third member as Chairman within five {5) days of the notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to appoint a Chairman. 5.5 The decision of the Board of Arbitration or a majority of such Board constituted in the above manner shall be binding on the parties to this Agreement. 5.6 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions, for any existing provisions, not to give any decision inconsistent with the terms and provisions of this Agreement.

7 .. 5 Article 5 - continued 5.7 Each of the parties to this Agreement will bear the expenses of the Arbitrator appointed by it and the parties will jointly bear the expense of the Chairman. ARTICLE 6- UNION REPRESENTATION 6.1 The Employer agrees to recognize such reasonable number of stewards as may from time to time be appointed by the Union. The Employer shall not be obliged to recognize such stewards until he has been informed in writing by the Union of the names of all stewards as they are appointed. It is recognized that a steward is an employee of the Employer and has regular duties to perform. A steward may not leave his duties without prior permission from his foreman. Such permission shall not be unreasonably withheld. The Union shall inform the Employer in writing of those who cease to be stewards. 6.2 Representatives of the Union may make arrangements with the job supervisor or his designated representative to meet stewards or other employees, provided it does not interfere with the work. The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men for the job. ARTICLE 7- PRODUCTIVITY 7.1 The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity. 7.2 The Union agrees it will not involve the Employer in any dispute which may arise between the Union and any other Employer and the employees of such other Employer. The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes. ARTICLE 8 - NO STRIKE- NO lockout 8.1 During the lifetime of this Agreement, the Union agrees there will be no strike, slowdown or picketing or any other act which will interfere with the regular schedule of work and the Employer agrees that he will not cause or direct a lockout of his employees covered by this Agreement. ARTIClE 9- PAYMENT OF WAGES 9.1 Wages shall be paid by cash or cheque, weekly or bi-weekly at the option of the Employer, on the job, and shall be accompanied by a slip outlining hours of work, overtime hours, vacation and statutory holiday pay, deductions for income tax, unemployment insurance, Canada Pension Plan, etc. 9.2 Whenever vacation and statutory holiday pay credits and pay cheques are not given to employees at the time of termination, they will be sent by the Employer to the employee by Registered Mail, to his last known address within three (3) working days of the time of termination.

8 6 ARTICLE 10- HOUR OF WORK, RATES OF WAGES, VACATION AND STATUTORY HOLIDAY AllOWANCE, AND WORKING CONDITIONS 10.1 The following provisions regarding Hours of Work and Overtime, Vacation Pay and Statutory Holiday Allowance, Statutory Holidays, and Reporting Pay are applicable to all geographical zones as defined in the Schedule attached to this Agreement unless otherwise specified in the attached Schedules. a) Hours of Work and Overtime The standard hours of work for all employees will be fifty-five (55) hours per week, exclusive of travelling time to and from the job. Overtime at the rate of one and one-half (1-1/2) times the employee's regular hourly rate shall be paid for all hours worked in excess of fiftyfive (55) hours per week and for all hours worked on Sundays and Statutory Holidays. It is expressly agreed that non-construction work, snow removal and sanding operations are excluded from the terms of this Agreement. b) Vacation Pay and Statutory Holiday Pay Vacation Pay and Statutory. Holiday Pay shall be held separate and apart to the credit of employees. Vacation Pay and Statutory Holiday Pay shall be credited weekly to each employee covered by this Collective Agreement, at the rate of eight percent (8%j of gross earnings, and income tax will be deducted weekly. It is understood and agreed that four percent (4%) of gross wages is to be considered Vacation Pay and shall be held separate and apart to the credit of the employees and four percent (4%) of the gross wages to be in lieu of Statutory Holiday Pay. It is further understood that Vacation Pay and Statutory Holiday Pay credits will be paid to employees on termination and on the first pay day in July and November in each year. c) Statutory Holidays The following shall be the recognized Statutory Holidays: New Year's Day Good Friday Victoria Day Dominion Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day 10,2 Attached to and forming part of this Agreement is Schedule "A" which contains provisions regarding rates of wages applicable to a geographic area as defined therein Living Provisions The Employer agrees to continue his present Policy concerning living arrangements in camps provided by the Employer on out of town jobs.

9 7 ARTICLE 11 -BENEFIT CONTRIBUTIONS 11.1 The Employer agrees to contribute One Dollar and Forty Cents ($1.40) per hour for each hour earned by each employee in his employ to the International Union of Operating Engineers, Local 793 Health and Benefit Plan. Effective January 1, 1997, this amount shall increase to One Dollar and Forty Five Cents ($1.45) per hour for each hour earned by each employee These monies shall be remitted in accordance with this Collective Agreement to the Health and Benefit Trust Fund which shall be administered jointly by an equal number of Trustees appointed by the Union and Employers All contributions shall be submitted by the fifteenth (15th) of the following month in which the hours have been worked. ARTICLE 12- I.U.O.E.. LOCAL 793 TRAINING FUND 12.1 The Employer agrees to contribute Fifteen Cents (15 ) for each hour earned by each employee under this Agreement to the I.U.O.E., Local 793 Training Fund. ARTICLE 13- PENSION PLAN 13.1 Ail employees covered by this Agreement shall, upon completion of their three (3) month eligibility period, become members of the E. & E. Seegmiller Limited Employees Pension Pian. ARTICLE 14- TRAINING PERIOD 14.1 It is agreed that the wage rates set out in the attached Schedules may be paid at Thirty Cents (30 ) per hour less for employees operating equipment on which they do not have previous experience for a period not to exceed three (3) months. ARTICLE 15- DURATION OF AGREEMENT 15.1 Unless changed by mutual consent, the terms of this Agreement shall continue in full force and effect until the 31st day of December, 1997 and shall continue automatically from year to year thereafter unless either party shall give notice to the other party in writing within ninety (90) calendar days of the termination date The parties agree that Schedules "A", "B" and "C" attached hereto is incorporated into and forms part of this Collective Agreement.

10 8 IN WITNESS WHEREOF the Parties have caused this instrument to be executed by their duly authorized representatives. d A DATED this day of -b-~"'-"'-'?'""ia"'"...--p-----' 19 7' b SIGNED ON BEHALF OF: SIGNED ON BEHALF OF: E. & E. SEEGMILLER INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

11 ' ' 9 SCHEDULE "A" The following hourly wage rates shall apply to all Roadbuilding and Sewer and Watermain Construction performed within the areas of the Province not covered by Schedule "B". CLASSIFICATION I CLASSIFICATIONS AND WAGES Gradall, Clam, Crane including Piledriving, Shovel, Dragline and Backhoe Operators, Grader- Fine Grade. CLASSIFICATION II july 1/95 $17.03 $ 1.36 $ 1.40 $19.79 january 1/97 $17.35 $ 1.39 $ 1.45 $20.19 Heavy Duty Mechanic Class 'A' (licensed), Welder Class 'A' (licensed) and Grader Operator Class 'A'. july 1/95 $16.48 $ 1.32 $ 1.40 $19.20 january 1/97 $16.81 $ 1.34 $ 1.45 $19.60 CLASSIFICATION Ill Roller on Asphalt, Washing Plant, Crusher, Asphalt Plant, Asphalt Spreader, Concrete Spreader, Scraper, Bulldozer including sideboom, Front End Loader (1-1/2 cu. yd. and over), Crawler or Rubber Tired Industrial Tractor with Backhoe Attachment and Burner Man (Asphalt Plant). january 1/97 $16.70 $ 1.34 $ 1.45 $ CLASSIFICATION IV Improver Mechanic, Curb Machine, Boiler Fireman, Front End Loader (under 1-1/2 cu. yd. capacity), Grader Operator Class 'B' and Improver Welder, Mini Excavator under 65 h.p. july 1/95 $14.00 $ 1.12 $ 1.40 $16.52 january 1/97 $14.32 $ 1.15 $ 1.45 $16.92 CLASSIFICATION V Driller, Off Highway Rock Type Vehicle, Compactor and Roller (on grade) and Boom Truck Drive (Pitman Type). july 1/95 $13.50 $ 1.08 $ 1.40 $15.98 january 1/97 $13.83 $ 1.19 $ 1.45 $16.38 seegmi1l96

12 10 Service Truck Driver (Fuel & Lubricants) and Pumpman (over 1" discharge), Mini Skid Steer Operator under 65 h.p. july 1/95 $13.40 $ 1.07 $ 1.40 $15.87 january 1/97 $13.72 $ 1.10 $ 1.45 $16.27 ClASSIFICATION VII Oiler and Greaser, Farm Tractor Operator (no Back-hoe). July 1/95 $13.30 $ 1.06 $ 1.40 $15.76 january 1/97 $13.62 $ 1.09 $ 1.45 $16.16

13 J..!." ':: 11 \ ) SCHEDULE "B" The Agreements mentioned in Article 1.5 of the Master Portion of this Agreement are as listed below: MAP AREA #1 For all Roadbuilding and Sewer and Watermain work- the National Capital Road Builders' Association Agreement. MAP AREA #2 For Roadbuilding work- the Wimpey Minerals Agreement. MAP AREA #3 For Roadbuilding and Sewer and Watermain work- the Oshawa Signatory Agreement. MAP AREA #4 For Roadbuilding work- the Metropolitan Toronto Road Builders' Association Agreement. / For Sewer and Watermain work- the Metropolitan Toronto Sewer and Watermain Contractors' Associati'on ~~. ~ MAP AREA #5 For Roadbuilding and Sewer and Watermain work - the Hand Agreement. / MAP AREA #6 For Roadbuilding and Sewer and Watermain work- the E. & E. Seegmiller Agreement. MAP AREA #7 For Roadbuilding and Sewer and Watermain work- the Hand Agreement. MAP AREA #8 For Roadbuilding work- the Towland London (1970) Limited Agreement. For Sewer and Watermain work- the Sewer and Watermain Contractors' Section of the London and District Construction Association Agreement. MAP AREA #9 For Roadbuilding and Sewer and Watermain work- the Curran Agreement. MAP AREA #10 For Roadbuilding work- Schedule "A" attached. For Sewer and Watermain work- the Windsor Heavy Construction Association Agreement. MAP AREA #11 For Roadbuilding and Sewer and Watermain work- the Windsor Heavy Construction Association Agreement. MAP AREA #12 For Roadbuilding work- the Bot Agreement For Sewer and Watermain work- the Sudbury Sewer and Watermain Association Agreement.

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