COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT This collective agreement made and entered into 1st day of October 2015 between ARMTEC LP BRAMPTON PLANT (hereinafter referred to as the Employer ) and LABOURERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 506 (hereinafter referred to as the Union ) Expiring September 30, 2018

2 COLLECTIVE AGREEMENT This collective agreement made and entered into this 1 st day of October, between - ARMTEC LP BRAMPTON PLANT 35 Rutherford Road, South Brampton, Ontario L6W 3J4 (905) and - LABOURERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 506 Brampton, Ontario Expiring September 30, 2018

3 INDEX TO COLLECTIVE AGREEMENT Between: Armtec LP, 35 RUTHERFORD ROAD SOUTH, BRAMPTON, ONTARIO And: LABOURERS INTERATIONAL UNION OF NORTH AMERICA, LOCAL 506 PAGE ARTICLE 1 DURATION OF AGREEMENT 1 ARTICLE 2 DESIRE TO AMEND 1 ARTICLE 3 RECOGNITION 2 ARTICLE 4 UNION SECURITY 2 ARTICLE 5 MANAGEMENT FUNCTIONS 3 ARTICLE 6 BUSINESS REPRESENTATIVES & SHOP STEWARDS 4 ARTICLE 7 NO DISCRIMINATION 5 ARTICLE 8 PROBATIONARY PERIOD & SENIORITY 5 ARTICLE 9 LOSS OF SENIORITY 8 ARTICLE 10 WAGE RATES & CLASSIFICATIONS 9 ARTICLE 11 PAYMENT OF WAGES 9 ARTICLE 12 HOURS OF WORK 10 ARTICLE 13 OVERTIME 11 ARTICLE 14 SHIFT PREMIUM 13 ARTICLE 15 COFFEE BREAKS & LUNCH BREAKS 13 ARTICLE 16 MEAL ALLOWANCE 14 ARTICLE 17 REPORTING FOR WORK 14 ARTICLE 18 EMERGENCY CALL-IN 15 ARTICLE 19 LEAVE OF ABSENCE 15 ARTICLE 20 BEREAVEMENT LEAVE 15 ARTICLE 21 JURY DUTY 16 ARTICLE 22 STATUTORY AND GENERAL HOLIDAYS 16 ARTICLE 23 VACATIONS 18 ARTICLE 24 PROTECTIVE CLAUSE 20 ARTICLE 25 PROTECTIVE EQUIPMENT 20 ARMTEC LP BRAMPTON, ONTARIO

4 ARTICLE 26 TOOL ALLOWANCE 21 ARTICLE 27 APPLICATION OF PLANT EMPLOYEES IN CONSTRUCTION 22 ARTICLE 28 NO STRIKES OR LOCKOUTS 22 ARTICLE 29 DISCIPLINARY ACTIONS & NOTATIONS 22 ARTICLE 30 GRIEVANCE PROCEDURE 23 ARTICLE 31 ARBITRATION 25 ARTICLE 32 LEGISLATION 26 ARTICLE 33 SANITATION & SHELTER 26 ARTICLE 34 OCCUPATIONAL HEALTH & SAFETY 27 ARTICLE 35 INDUSTRIAL ACCIDENTS 27 ARTICLE 36 BULLETIN BOARDS 27 ARTICLE 37 HEALTH & WELFARE PLAN 28 ARTICLE 38 PENSION 29 ARTICLE 39 JOB POSTINGS, ANTICIPATORY & TEMPORARY VACANCIES 29 ARTICLE 40 COST OF LIVING ALLOWANCE 30 APPENDIX A JOB CLASSIFICATION 32 APPENDIX B WAGE SCHEDULE 33 JOB SKILLS MATRIX 35 APPENDIX C JOB POSTING, ANTICIPATORY & TEMPORARY VACANCIES 36 APPENDIX D PARTICIPATION AGREEMENT 41 APPENDIX E JOINT LABOUR MANAGEMENT MANAGEMENT COMMITTEE 43 COLLECTIVE AGREEMENT Index

5 INDEX TO COLLECTIVE AGREEMENT LETTERS OF UNDERSTANDING FACE DOWN INSULATED PANELS SET UP & FINISHING 45 PLANT CLOTHING 46 JOB CLASSIFICATIONS and SKILL SETS 47 CLOSURE AGREEMENT 49 RELATION TO TRAINING 50 SPECIAL DISPENSATION 53 FLEXABLE WOK SCHEDULES 54 ARMTEC LP BRAMPTON, ONTARIO

6 Between ARMTEC LP 35 RUTHERFORD ROAD SOUTH, Brampton, Ontario (hereinafter referred to as the Company ) -and- LABOURERS INTERNATIONAL UNION OF NORTH AMERICA, Local 506 (hereinafter referred to as the Union ) PREAMBLE WHEREAS it is the intent and purpose of this Agreement to further harmonious industrial relations between the Company and its employees. NOW, THEREFORE, this Agreement witnesses that the parties hereto agree as follows: 1.01 COLLECTIVE AGREEMENT ARTICLE 1 DURATION OF AGREEMENT This agreement shall be effective from October 1 st, 2015, until September 30, ARTICLE 2 DESIRE TO AMEND Should either party desire to change, add to, amend or terminate this agreement, written notice to that effect will be given before the 1 st day of July prior to the termination date. On receipt of such notice the parties hereto shall meet and bargain in good faith for the purpose of renewing this agreement. If no such written notice is given, this agreement shall be automatically renewed and remain in force from year to year after the expiration date. 1 COLLECTIVE AGREEMENT

7 ARTICLE 3 RECOGNITION The Union, having been certified by the Ontario Labour Relations Board on March 20 th, 1963, is hereby established as the exclusive bargaining agent for all employees working in and out of Board Area 8 as defined by the Ontario Labour Relations Board as of ratification, save and except supervisors, persons above the rank of supervisor, office and sales staff and employees employed in erection work at or out of Brampton who are engaged in the operation of cranes, hoists and similar equipment. ARTICLE 4 UNION SECURITY All employees under this Agreement, as a condition of employment, shall become and remain members of the Union during the life of this Agreement. The Company agrees to call the Union office for its needed supply of workers. If the Union is unable to supply, then the Company is free to engage employees from other sources, provided, however, that employees secured from other sources shall be informed by the Company that it is a condition of employment that upon satisfying their probationary period, as per Article 8.01, shall apply and secure membership in the Union or be terminated from employment. A check-off system of Union initiation fees and dues shall be instituted and made operative for the lifetime of this Agreement. The Company will supply full check-off lists of employees, subject to check-off at regular intervals, and agrees to collect monthly for the Union dues and initiation 2 ARMTEC LP BRAMPTON, ONTARIO

8 fees. The Company will transmit the monies so collected to the designated official(s) of the Union once each month, by the 15th of the month, accompanied by a list of those employees from whom deductions have been made ARTICLE 5 MANAGEMENT FUNCTIONS The Union acknowledges that nothing in this Agreement shall limit the Company to exercise its functions of management under which it shall have, subject to the conditions of this Agreement, the right to: (a) Maintain order, discipline and efficiency. (b) (c) Hire, retire, discharge, transfer, classify, promote, demote or discipline employees, provided that a claim of classification, promotion, demotion or transfer or a claim that an employee has been discharged, disciplined or retired without just cause may be the subject of a grievance and dealt with as hereinafter provided. Generally to manage the industrial enterprise in which the Company is engaged and, without restricting the generality of theforegoing, to establish and maintain rules and regulations covering the operations, a violation of which shall be among the causes of discharge, subject to the provisions of this Agreement, and to determine the number of plants, the products to be manufactured, the methods of manufacturing, the schedules of production, kind and location of machines and equipment to be used, processes of manufacturing, the formulating of its products and the control COLLECTIVE AGREEMENT 3

9 of materials to be incorporated in the products produced, and to establish standards of quality and quantity for all equipment and operations. ARTICLE 6 BUSINESS REPRESENTATIVES AND SHOP STEWARDS The Business Representative of the Union shall have access to the plant during working hours, but in no case shall their visit interfere with the progress of the work. When visiting the plant, they will report to reception (if open), otherwise the Representative will advise the Plant Manager or Supervisory Personnel. A representative of the Union may appoint up to three shop stewards at the plant of the Company and will provide their names to the Company before they can be recognized. One of the Shop Stewards shall be appointed from employees assigned to the night shift. The night shift, for the purposes of this clause, shall be any shift starting from 9:00 p.m. to 4:00 a.m. The Shop Stewards will be responsible for reporting any disputes to the Company and Union Representatives so that these can be taken up in the proper manner without delay. No discrimination shall be shown against the Shop Stewards for carrying on their duties, provided they get permission from their supervisor, but in no case shall the Shop Stewards duties unreasonably interfere with the progress of work. Two (2) Shop Stewards mayattend disciplinary meetings at one time. 4 ARMTEC LP BRAMPTON, ONTARIO

10 It is agreed that, for the purpose of collective bargaining, a negotiating committee of up to three (3) Union members may be appointed. A representative of the Union shall notify the Company before they can be recognized. Only one (1) committee member will be appointed from any one department at the plant unless mutually agreed. ARTICLE 7 NO DISCRIMINATION There shall be no discrimination, restraint or coercion against any employee, either by the Company or the Union, because of age, sex, sexual orientation, religion, faith, race, creed, colour, national origin, marital status, family status or disability or as defined in the Ontario Human Rights Code ARTICLE 8 PROBATIONARY PERIOD AND SENIORITY The probationary period for new employees shall be ninety (90) days worked of intermittent employment within a twelve (12) month period, during which time they are to be considered as probationary employees only and during this period, they have no seniority rights. Upon completion of such probationary service, if retained in the employ of the Company, shall be entitled to seniority standing from the day of commencing work. Upon recall, previous days worked shall apply towards the ninety (90) days period. The seniority of all employees in the bargaining unit shall be set forth in a list showing the employees names and dates of hiring. COLLECTIVE AGREEMENT 5

11 The Company will submit to the Union an upto-date list of employees and their seniority and classification in May and November during the life of this Agreement and post a copy of such list on the plant notice boards. The retention of employees in the Company s service shall be governed by the following: (a) (b) (c) (d) (e) (f) Availability of employment in their respective departments. In the case of lay-off, the Company will attempt to give as much notice as possible, however, the Company agrees to a notice period of at least one (1) shift. Any employee affected will be given such notice as is required by Employment Standards Act. In the case of a lay-off, an employee shall bump a junior employee in another department as long as the employee has the skills, abilities and is qualified and able to perform the work, or advise the company in writing that he or she will accept the lay-off. In the event of a lay-off, preferential seniority shall be given to each Shop Steward and, provided they are able to satisfactorily perform the work available, they shall be one of the last two (2) employees retained by the Company. A senior employee will be permitted to bump into a job performed by a more junior employee who is a lead hand, provided he/she has the necessary qualifications and ability to perform the work. The bumping senior employee referred to in 8.03 (e) will not be a lead hand unless so appointed temporarily by the Company ARMTEC LP BRAMPTON, ONTARIO

12 (g) (h) and, unless so appointed, will not be paid the lead hand premium. If a lead hand is bumped, he/she will lose his lead hand rate unless so re-appointed. In the event that the senior employee is bumping to a work group where all employees are in the same classification and rate of pay, the senior employee will bump the most junior employee in the work group. The intent of recalls is to offer employees who have been laid off, the right to maintain employment with the Company, as classifications become available they will be filled in order of seniority providing the skills and ability of the recalled employees are relatively equal for the available classification. When there is a recall to regular employment, employees will be called in order of seniority. Employees must respond to the notice of recall within three (3) calendar days from receipt of the recall notice and shall return to employment within ten (10) calendar days of being notified unless permission is given by the Company, such permission shall not be unreasonably denied. Employees in Group 1 or higher recalled to a position at a lesser rate of pay than the classification they held prior to layoff may elect to remain on layoff until a recall is available in a classification with the same or greater rate of pay then they held prior to the layoff, or until provisions of Article 9.01 c) would apply. It is understood that in the event there is temporary work in the skillset/classification COLLECTIVE AGREEMENT 7

13 of the incumbent who elected to remain on layoff, the Company will be able to assign that work to those employees who are currently at work as directed under the Appendix C Temporary Vacancy provisions of the collective agreement. For the purposes of 8:03 h), a temporary vacancy may only last up to (20) working days. Upon recall of employees or hiring of new employees, existing employees shall be offered the opportunity to return to their prior classification when available. For clarity, Group 2 or higher will be given the opportunity to return to the first available vacancy at their classification/wage rate/ department and their original job position held prior to the layoff. Group 1 will not have the same option. Labourers in Group 1 with three (3) years or less of seniority when recalled will be obligated to accept such a recall to any available position. Labourers with greater than three years seniority, if they request, will have the same recall rights as those employees in Group 2 or higher. ARTICLE 9 LOSS OF SENIORITY An employee shall lose seniority rights and his/her employment shall be deemed terminated with the Company for the following: (a) Voluntarily quits the employ of the Company. (b) Is discharged and not reinstated through the grievance procedure. (c) Is laid off and not re-employed within twelve ARMTEC LP BRAMPTON, ONTARIO

14 (d) (e) (12) months or length of service (whichever is less) from the date of layoff. In the case of employees with eight (8) or more years of seniority, twenty-four (24) months. Loss of seniority will occur if the employee fails to return to work within ten (10) calendar days after they have been notified by the Company by registered mail, or any other form of proved delivery, to their last known address. Employee must declare his/her intention to return within three (3) calendar days of being notified. Is absent for two consecutive working days without notifying the Company s office. The Company shall notify the Shop Stewards in the event that any employee loses their seniority for any of the above reasons. ARTICLE 10 WAGE RATES AND CLASSIFICATIONS Wage rates and classifications shall be as per Appendix B attached hereto and forming part of this Agreement. Any employee may request a review of his/her classification at any time but will receive classification and performance review annually. ARTICLE 11 PAYMENT OF WAGES All time records are to be closed weekly. The Company will endeavour to pay employees by 11:00 a.m. on Thursday through direct deposit at the financial institution of the employee s choice. COLLECTIVE AGREEMENT 9

15 Whenever an employee is terminated from employment and a Record of Employment, wages and vacation pay owing are not given to the employee, then the Company shall send such Record of Employment, wages and vacation pay to the employee within seven (7) days from the date of termination to the employee s last known registered address with the Company. When the Company is notified that a mistake has occurred on hours of work or overtime, the payment will be adjusted and paid within the next two (2) pay periods provided the mistake is brought to the attention of payroll before the next payroll is submitted. ARTICLE 12 HOURS OF WORK The regular working day shall be between 6:00 a.m. and 6:00 p.m., Monday to Friday inclusive. Any work scheduled outside of these hours shall be shift work and shall be paid in accordance with Article 14 Shift Premium of this Agreement. The maximum number of regular working hours per day shall be eight (8) and the maximum number of regular working hours per week shall be forty (40), and work in excess of these hours shall be overtime work. For the purpose of this Agreement, the regular work week for the stripping, finishing and one loading crew will be Tuesday to Saturday inclusive, with Article 13 being read as though Monday were substituted for Saturday for these crews. Where two employees are doing the same job and have the same qualifications, the Company will consider giving the senior ARMTEC LP BRAMPTON, ONTARIO

16 employee the choice of starting time, upon request, providing there is no adverse affect on productivity. When a vacancy occurs in labourer position(s) on the regular working day as defined in Article 12.01, it will be offered to labourer(s) assigned to shift work on seniority down basis and the new hired labourer(s) will fill the resultant vacancy. The Company will give twenty-four (24) hours notice of any changes to an employee s scheduled shift. (a) There may be times when business needs dictate that some Employees are required to temporarily start work earlier or later than their regular start time. The Company shall endeavor to give as much notice as possible if the start time is within one (1) hour either way of their regular start time is more than one (1) hour from their regular start time then the Company shall give a minimum of twenty four (24) hours notice. Unless there is a mutual agreement to start earlier. ARTICLE 13 OVERTIME Except as provided for in Article 12, all work performed in excess of the regular work day of eight (8) hours, Monday to Friday inclusive, shall be deemed to be overtime work. The rate of pay shall be time and one-half the regular day shift rate, plus shift premium where applicable. All work performed on Saturday up to five (5) hours shall be paid for at time and one-half the regular day shift rate. All work performed beyond five (5) continuous hours on Saturday shall be paid for at double the regular day shift rate. COLLECTIVE AGREEMENT 11

17 All work performed on Sundays and on the Statutory Holidays outlined in Article 22 shall be paid for at the rate of double time. The Company will attempt to give advance notice when scheduling overtime and when possible, no less than one hour. It is agreed that the Company shall have the right to schedule overtime work whenever necessary to meet emergencies or to ensure efficiency of its operations. It is further agreed that the following process shall be utilized in order to obtain the required number of employees to remain for overtime. (a) (b) (c) (d) During the morning huddle each Monday, Wednesday and Friday the Supervisor shall request employees to initial their name beside the proceedings days in which they are available to work overtime. In the event that overtime is required the employer shall only be required to assign overtime to the employees that have initialled their name beside the day that the overtime is required in the department from employees that normally perform the work. In the event more individuals have signed up then required, the Company shall assign the overtime in a rotating seniority down basis, from the employees that normally perform the work. In the event that an insufficient number of employees are available, the Company shall assign the overtime by Company Wide seniority on a rotating basis from employees that have the skill and ability and have initialled their name beside the day that the overtime is required. 12 ARMTEC LP BRAMPTON, ONTARIO

18 13.06 (e) In the event that the Company does not receive sufficient employees to work overtime, the Company shall assign the work to employees first by department in which the overtime is required and then Company Wide on rotating reverse seniority basis. Overtime work in the maintenance Department will be first given to employees currently working on such maintenance projects. ARTICLE 14 OVERTIME Any employee whose eight (8) hour shift is scheduled outside the regular working day, 6:00 a.m. to 6:00 p.m., shall be paid a shift premium of fifty cents ($0.50) per hour for all hours worked on that shift. An additional fifty cents ($0.50) per hour will be paid for any hours worked between midnight and 6:00 a.m. as part of a regular eight (8) hour shift schedule. Any employee whose regular work week is Tuesday to Saturday shall be paid a premium of four dollars ($4.00) per hour for each hour worked on Saturday. ARTICLE 15 COFFEE BREAKS AND LUNCH BREAKS There shall be a fifteen (15) minute paid coffee break every morning and afternoon during working hours at a time to be established by the Company. For clarity, where no supervision is available, the Lead Hand will monitor the fifteen (15) minute break. COLLECTIVE AGREEMENT 13

19 15.02 A one-half hour unpaid lunch break shall be taken by each employee at approximately the half-way point in their shift. ARTICLE 16 MEAL ALLOWANCE A fifteen (15) minute paid lunch break and a seven dollars and fifty cents ($7.50) meal allowance shall be given to any employee who is required to continue working after completing ten (10) hours in any one day. The Meal allowance is to be included in the next pay. ARTICLE 17 REPORTING FOR WORK An employee reporting for work, unless previously notified not to report, shall be guaranteed four (4) hours pay at his/her standard hourly rate. An employee, who continues to work into the second half of the shift shall be guaranteed eight (8) hours pay at his/her standard hourly rate. Yarding/Shipping employees who continue to work into the second half of the shift shall be guaranteed six (6) hours pay at his/her standard hourly rate if work stoppage is the result of inclement weather. To qualify for such pay the employee affected would be required to take such alternative work as may be available in the event that his/her normal work has run out, except that if lack of work is due to a breakdown of major equipment, then only one (1) hour s pay will be guaranteed. 14 ARMTEC LP BRAMPTON, ONTARIO

20 ARTICLE 18 EMERGENCY CALL-IN Employees called back to do work after completing their full regular shift hours shall be paid at the appropriate overtime rate. However, they shall receive a minimum guarantee of four (4) hours at their regular rate. ARTICLE 19 LEAVE OF ABSENCE Employees may be granted leave of absence without pay to attend labour conventions or to serve in any capacity on official union business or for legitimate personal reasons up to a maximum period of one year. Such request for leave of absence shall be made in writing to the Company at least fifteen (15) working days prior to the commencement of such leave. Should an employee be granted a leave of absence of three (3) months or more, there shall be no accumulation of seniority during such leave of absence. It is agreed that any request as noted above shall be answered in writing within seven (7) working days from receipt of such written request. ARTICLE 20 BEREAVEMENT LEAVE Should a death occur in the immediate family, the Company agrees to grant to those employees who have completed their probationary period, up to three (3) consecutive days leave of absence with pay, the third day being the day of the funeral. COLLECTIVE AGREEMENT 15

21 The employee may be asked to provide satisfactory proof of death. Immediate family shall be defined as father, mother, spouse, common-law-spouse, son, daughter, brother, sister, mother-in-law, father-inlaw, brother-in-law, sister-in-law, grandmother, grandfather, grandchild of the employee or the employee s spouse. ARTICLE 21 JURY DUTY The Company agrees that any employee having attained seniority and who is summoned to perform Jury Duty shall be paid not more than eight (8) hours pay at the employee s regular straight time hourly rate. The Company shall deduct the difference of the daily Jury Duty fee paid by the Court. The employee shall be required to furnish satisfactory evidence that he/she reported for Jury Duty on the days for which he/she claims payment. ARTICLE 22 STATUTORY AND GENERAL HOLIDAYS The following statutory holidays will be paid: New Year s Day Good Friday Canada Day Thanksgiving Day Boxing Day Easter Monday Family Day Victoria Day Labour Day Christmas Day Civic Holiday One (1) floating holiday will be granted per calendar year, to all active employees that have satisfied their probationary period. The floater day must be arranged at least five (5) days prior and must be approved by the Company. In the event ARMTEC LP BRAMPTON, ONTARIO

22 these floaters days are not taken, then they may be assigned between Christmas and New Year s Day. With agreement of the Company and the Union, when Canada Day falls on a Tuesday or Thursday, the existing floating holiday as outlined in this Article may be taken on the Monday preceding the Tuesday or the Friday succeeding the Thursday, in addition to the Canada Day holiday. All employees who have completed the probationary period as described in Article 8 shall receive payment for such statutory and general holidays based on their regular current hourly rate (lead hand premium to be paid for time not worked on a paid holiday where applicable), multiplied by eight (8), subject to the following conditions: (a) (b) (c) To be eligible for holiday pay an employee must work the full work day immediately preceding and the full work day following such holiday, unless absent with permission of the Company. Holiday pay will not apply to employees on compensation or to employees absent due to illness for a period longer than one (1) week immediately prior to the holiday. Should any of the above holidays fall during the vacation period of an employee he/she shall be paid for such holiday at the regular hourly rate in addition to his/her vacation pay or he/she may take an additional day off with pay in lieu of the holiday by prior arrangement with his/her immediate superior. (d) Employees that have not competed their probationary period will not be eligible for general holidays and floaters. COLLECTIVE AGREEMENT 17

23 ARTICLE 23 VACATIONS (a) (b) Following the ratification of this agreement and prior to December 22, 2012, existing employees will have a one time opportunity to declare whether they wish to receive vacation pay on a weekly basis or to continue receiving vacation pay on a semi-annual basis. New hires following the date of ratification of this agreement shall receive vacation pay as a percentage of their weekly earnings and shall be paid their vacation pay weekly. The Company will pay each employee, via direct deposit, vacation pay on a semi annual basis. Payment shall be made on the first regular payroll run following the 31st day of May and the 30th day of November. An employee may also request a payment of vacation pay up to two (2) times per year. The Company agrees to pay out vacation pay within ten (10) days of written request. Employees who have completed less than one (1) year of service with the Company shall receive four (4%) per cent of wages earned. Employees who have completed one (1) year but less than four (4) years of service with the Company on the employee s anniversary date of last hire shall receive five per cent (5%) vacation pay of wages earned and shall be entitled to two (2) weeks vacation. Employees who have completed four (4) years but less than seven (7) years of service with the 18 ARMTEC LP BRAMPTON, ONTARIO

24 Company on the employee s anniversary date of last hire shall receive six per cent (6%) vacation pay of wages earned and shall be entitled to three (3) weeks vacation. Employees who have completed seven (7) years but less than fifteen (15) years of service with the Company on the employee s anniversary date of last hire shall receive eight per cent (8%) vacation pay of wages earned, and shall be entitled to four (4) weeks vacation. Employees who have completed more than fifteen (15) years of service with the Company on the employee s anniversary date of last hire shall receive ten per cent (10%) vacation pay of wages earned, and shall be entitled to four weeks vacation. The third and fourth weeks (if employee decides) may be taken singly or consecutively, subject to the efficient operation of the department. It shall be understood that the third and fourth weeks shall be at a time mutually agreed upon. Time off for vacations will be arranged by mutual agreement between the Company and the employees and, where possible, the preferences of the employees will be considered. Once vacation dates have been scheduled no changes will be made unless by mutual consent. Employees will submit requests for vacations no later than April 30th. Subject to operational requirements, the company will schedule vacations according to seniority. Employees, who submit requests for vacation after April 30th, will have their requests considered on a first-come, first-served basis. COLLECTIVE AGREEMENT 19

25 In order to give the employees sufficient time to make their vacation plans, the Company will notify the employees of any scheduled vacation plant shut-down as early as possible in the year but no later than March 31 st. Employees who are laid off will be issued accumulated vacation pay in accordance with Article or within seven (7) days upon written request by the employee. ARTICLE 24 PROTECTIVE CLAUSE No current employee hired before the date of ratification of this agreement, including any employee on lay-off with recall rights shall suffer a reduction in wages, conditions or allowances as a result of this Agreement. All said employees wages are red-circled within their respective classification. ARTICLE 25 PROTECTIVE EQUIPMENT The Company shall continue to make reasonable provisions for the safety and health of its employees during the hours of their employment. Such protective devices and wearing apparel as the Company requires to be worn shall be provided by the Company. The Company further agrees to provide such special safety features as required by the Occupational Health and Safety Act for Industrial Establishment of the Province of Ontario. The Company does not provide free of cost safety shoes or uniforms. 20 ARMTEC LP BRAMPTON, ONTARIO

26 All employees, as a condition of employment, will be required to wear safety footwear in accordance with the Occupational Health and Safety Act and Regulations for Construction Projects ie. Green patch toe and sole protection. The footwear must be of minimum six (6) inch height. The Company will reimburse employees for the purchase of protective equipment in each contract year for employees who have attained one (1) year or more of seniority with the Company in the amounts listed below: Effective October 1, 2015 up to a value of $ including applicable taxes. Effective October 1, 2016, up to a value of $ including applicable taxes. Effective October 1, 2017, up to a value of $ including applicable taxes. Employees must submit a claim for reimbursement once per contract year in accordance with established procedures. Employees shall submit original receipt the company shall then photocopy the receipt and return the original to the Employee. ARTICLE 26 TOOL ALLOWANCE Employees employed in the Maintenance Department as Millwrights, Mechanics or Electricians will be required to supply and maintain an approved set of tools. The Company will make a payment of one hundred and fifty dollars ($150.00) for each 1,000 hours of work to Millwrights, Mechanics and Electricians employed by the Maintenance Department. COLLECTIVE AGREEMENT 21

27 The maximum payment in any twelve (12) month period will be three hundred dollars ($300.00). ARTICLE 27 APPLICATION OF PLANT EMPLOYEES IN CONSTRUCTION Any plant employee on construction work shall not be paid less than those appropriate rates and conditions established by Local Union 506 for this industry. ARTICLE 28 NO STRIKES OR LOCKOUTS In view of the grievance and arbitration procedure provided in this Agreement, it is agreed by the Union that there shall be no strike or stoppage of work, and the Company agrees that, during the term of this Agreement, there shall be no lockout. ARTICLE 29 DISCIPLINARY ACTIONS AND NOTATIONS The employee may request the presence of two Shop Stewards during disciplinary meetings above that of verbal warnings. The Shop Stewards will receive copies of verification of all warnings and disciplinary notices. If an employee goes without a written reprimand or other disciplinary action for a period of twelve (12) months, all reprimands or other disciplinary action prior to such twelve (12) month period will be removed from the employee s disciplinary record. 22 ARMTEC LP BRAMPTON, ONTARIO

28 ARTICLE 30 GRIEVANCE PROCEDURE In an effort to address disputes informally and efficiently, the parties agree that an Employee who feels that his/her rights under the Collective Agreement have been negatively impacted is expected to raise such concerns verbally with his/ her immediate supervisor within five (5) days of the occurrence, the employee may request the presence of a Steward. The Supervisor shall then attempt to rectify the issue(s), if unable to, he shall notify the employee within three (3) days. STEP 1 If the employee continues to feel that his/her rights under the Collective Agreement have been negatively impacted, then the Supervisor shall meet to discuss the matter with his/her Steward and the employee with three (3) days. The Supervisor shall then render a written decision to the employee and steward and explain his/her decision with three (3) days. STEP 2 If the employee is not satisfied with the above decision, the Union Steward will refer the complaint to the Union s Business Agent, who will discuss to complaint with the Plant Superintendent within three (3) days to seek resolution prior to filing a written grievance. The Plant Superintendent shall give his/her response within three (3) days STEP 3 Grievance Within five (5) days of the Superintendent s response, the Union may submit a grievance, in writing, to the Operations Manager, with a copy to Human Resources. The grievance shall include the COLLECTIVE AGREEMENT 23

29 nature of the grievance, the remedy sought, state the provisions of the Agreement which are alleged to have been violated, and shall be sufficiently specific to identify the alleged violations. A meeting between the Operations Manager (or his/her delegate), the Union Representative, Steward and Employee will be convened within five (5) days following receipt of the grievance to discuss and attempt to resolve same. The Operations Manager will reply to the grievance, in writing, within five (5) days following the meeting Failing to Settle Failing settlement under Step 2 of any difference between the Parties arising from the interpretation, administration or alleged violation of this Agreement, including any question as to whether or not a matter is arbitrable, such difference may be taken to arbitrationas hereinafter provided, and if no written request for arbitration is received within ten (10) full working days after the decision in Step 3 is given, it shall be deemed to have been abandoned unless the time limit referred to in this paragraph is extended by mutual agreement between the parties. Group or Employer Grievances Group or Employer grievances must be submitted, in writing, within ten (10) days from the date the circumstances were known, or ought reasonably should have been known. The Complaint processes will be by-passed, and the matter will proceed at Step 2. No complaint or grievance may be submitted or considered under the grievance procedure unless it has been presented within five (5) working days from the time of its occurrence. 24 ARMTEC LP BRAMPTON, ONTARIO

30 ARTICLE 31 ARBITRATION Either of the parties may, after exhausting the grievance procedure described above, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The parties, by mutual agreement may agree to a single arbitrator. In the event the parties cannot agree on an arbitrator, either party may refer to the Ontario Labour Relations board to appoint an arbitrator on their behalf. Such written notice shall also state clearly the matter or matters in dispute to be dealt with by the Arbitration board and what relief, if any, is claimed by the party requesting arbitration. The party receiving such notice shall, within five (5) days, advise the other party of the name of its nominee to the Arbitration Board. The two (2) nominees so selected shall, within five (5) days of the appointment of the second of them, appoint a third party who shall act as Chair of the Arbitration Board. If the recipient of the notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a Chair within the time limit set out herein, the appointment shall be made by the Minister of Labour for Ontario upon request of either party. The Arbitration Board shall hear and determine the difference or differences between the parties and shall issue a decision in writing, which decision shall be final and binding upon the parties and upon any employees affected. The decision of a majority of the Board shall be the decision of the board, and if there is no majority the decision of the Chair shall govern. COLLECTIVE AGREEMENT 25

31 31.05 However, it is understood that the authority of the Arbitration Board or the decision made by such board is limited in that there shall be no alteration to or addition to or subtraction from oror subtraction from or modification or amendment to any part of this Agreement. The fee and expenses of the Chair shall be borne one-half by the Union and one-half by the Company. Any other costs or expenses in connection with such arbitration shall be borne by the party, which incurs them. ARTICLE 32 LEGISLATION In the event that any of the provisions of this Collective Agreement are found to be in conflict with any valid and applicable Federal or Provincial Law now existing or hereinafter enacted, it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Collective Agreement. ARTICLE 33 SANITATION AND SHELTER The Company shall provide adequate facilities for all employees in which they may eat their lunch. The Company shall provide a locker for everyone including the yard area. 26 ARMTEC LP BRAMPTON, ONTARIO

32 ARTICLE 34 OCCUPATIONAL HEALTH AND SAFETY In co-operation with the Company s overall program of accident control and prevention, Safety Committees comprised of a minimum of two (2) employees in each plant of the Company, management representatives and Union representatives shall meet once every two (2) months. The role of this committee shall be to discuss safety regulations in the plants and to establish rules and regulations that will prevent unsafe acts by employees or violations of safety regulations by management. ARTICLE 35 INDUSTRIAL ACCIDENTS In the event that an employee is unable to complete his/her shift due to accidental injury incurred in the performance of his/her work, then such employee shall be paid for the balance of the shift to a maximum of eight (8) hours, providing the injured employee is authorized by the Company s representative to leave his/her place of work for such medical attention as is required. ARTICLE 36 BULLETIN BOARDS The Company agreed to provide a bulletin board in the employee s lunchroom for the purpose of posting Union notices and bulletins. Such notices and bulletins must have the prior approval of the Company before being posted. COLLECTIVE AGREEMENT 27

33 ARTICLE 37 HEALTH AND WELFARE PLAN It is agreed that a benefit trust, hereinafter known as the Labourer s Union Local 506 Employee s Benefit Trust, shall be operative for this agreement. In this respect, the Company agrees to contribute to those persons designated by the Trustees of said Benefit Trust, the sum outlined as below or each hour worked by each employee covered by this agreement and for each hour paid and not worked because of statutory holidays and vacations taken. Effective October 1, 2014, the Company will contribute two dollars and twenty-five cents ($2.25) for each hour worked by each employee. Effective April 1, 2017, the Company will contribute two dollars and thirty cents ($2.30) for each hour worked by each employee. Effective October 1, 2017, the Company will contribute two dollars and thirty-five cents ($2.35) for each hour worked by each employee. The total contributions calculated in accordance with Article will be forwarded to a bank or Trust Company designated by said Trustees no later than the 15th day of the month following the month for which contributions were made. If payment is over thirty (30) days late, interest at one per cent (1%) per month shall be paid from the due date, provided the Company is given five (5) days after notice to correct such delinquency. In addition, the delinquent Company may be required by the Trustees of the Fund to deposit with the Trustees a two thousand five hundred dollar ($2,500.00) cash bond. ARMTEC LP BRAMPTON, ONTARIO

34 37.05 The Company bound by this Collective Agreement hereby covenants and agrees to sign a Participation Agreement with the Trustees of the aforementioned Fund in the form attached hereto as Appendix D. ARTICLE 38 PENSION Effective October 1, 2014, the Company will contribute four dollars and twenty-three cents ($4.23) per hour worked into the pension fund established by the Labourers International Union of North America for each hour worked by each employee. Effective April 1, 2017, the Company will contribute four dollars and thirty-eight cents ($4.38) per hour worked. Effective October 1, 2017, the Company will contribute four dollars and forty-eight cents ($4.48) per hour worked. ARTICLE 39 JOB POSTING, ANTICIPATORY AND TEMPORARY VACANCY The Rules and Regulations governing job posting, anticipatory and temporary vacancy are as set out in Appendix C attached hereto and forming part of this Agreement. COLLECTIVE AGREEMENT 29

35 ARTICLE 40 COST OF LIVING ALLOWANCE A cost of living allowance will, if applicable, be paid to each employee. The following will be based on the Consumer Price Index, (all items) 1961 = 100, published by Statistics Canada, hereinafter referred to as the C.P.I.. The C.P.I. published for September, 2003 will be compared with the C.P.I. for December The allowance shall be one cent (1 ) per hour worked for each full zero point five (0.5) increase in the C.P.I. between September and December. Similar quarterly comparisons will be made on C.P.I. s published for the following months applying the aforementioned formula: December 2003 C.P.I. March 2004 C.P.I. March 2004 C.P.I. June 2004 C.P.I. June 2004 C.P.I. September 2004 C.P.I. September 2004 C.P.I. December 2004 C.P.I. December 2004 C.P.I. March 2005 C.P.I. March 2005 C.P.I. June 2005 C.P.I. June 2005 C.P.I. September 2005 C.P.I. September 2005 C.P.I. December 2005 C.P.I. December 2005 C.P.I. March 2006 C.P.I. March 2006 C.P.I. June 2006 C.P.I. The aforementioned C.O.L.A. formula will only be activated after a rise of one hundred and twelve (112) points from the base of the September 2003 C.P.I. = Any allowances generated will be paid retroactively to the first of the month following the latest comparison period. If there is a decrease in the C.P.I. on the basis of the quarterly comparisons, the allowance will ARMTEC LP BRAMPTON, ONTARIO

36 be adjusted downward using the aforementioned formula. The regular hourly rate will not be affected by any decrease in the allowance The amount of cost of living allowance in effect at any time shall not form part of an employee s regular hourly rate but will remain as a separate amount. After a quarterly comparison is made, the amount of cost of living allowance generated will be added to the amount of cost of living allowance already generated in previous quarters in the agreement. In order to avoid accumulating the effect of the quarterly rounding off to each full zero point five zero (0.50), the total amount of C.O.L.A. generated in the agreement will be verified by comparing the rise in the C.P.I. from the base C.P.I. (September 2003, C.P.I. = ) to the C.P.I. issued at the end of the latest quarter and applying the aforementioned 0.50 formula. No adjustment, retroactive or otherwise, shall be made due to any revision, which may later be made in any Consumer Price Index published by Statistics Canada. The continuance of the Cost of Living Allowance shall depend on the availability of the C.P.I. calculated on its present basis and in its present form. DATED AT TORONTO THIS 7TH DAY OF APRIL, 2016, AT 7:00 P.M. FOR THE COMPANY: FOR THE UNION: COLLECTIVE AGREEMENT 31

37 APPENDIX A JOB CLASSIFICATION Wage and Classification Schedule It is understood and agreed that all current employees and those employees who are currently on lay-off and entitled to recall provisions shall not be paid less than their respective current wage rates. It is understood that these employees shall be entitled to all negotiated wage increases as established. EMPLOYEES GROUP CLASSIFICATION The following is a list of employee classifications for all employees engaged at the Brampton Plant. The rates established for those classifications in Groups 1 to 4 are as set out in Appendix B. An employee who is promoted from one group to another group shall receive at least the minimum rate of the group to which he/she is transferred. If a new hire is laid off and loses his/her seniority and is rehired within twelve (12) months of layoff, the Employee will be rehired at the rate of pay on layoff. GROUP Labourers Production Labourers Base employees who can work with a minimum of instruction on any crew in the shop. GROUP 1, 2, 3, 4 Semi-skilled and skilled, refer to the Job Descriptions and Classifications Armtec handout for details on each group. The parties agree to meet in the Joint Labour Management Committee to review all job Classifications. 32 ARMTEC LP BRAMPTON, ONTARIO

38 APPENDIX B WAGE SCHEDULE BRAMPTON PLANT Group Classification Labourer 1 2 3B 3A 4B 4A No member or red circled member should suffer a reduction in wage. NOTE: Lead hands will be paid 5% above the highest rate in their classification. Labourer s rates prior to ratification (who did not lose their seniority by the time of recall) rates are red circled. * STARTING RATE: Oct Rate $16.00-$22.00 $0.67 allocated $25.18 $25.77 $26.99 $27.90 $28.65 $30.02 Oct $16.00-$22.00 $ sb $25.18 $25.77 $26.99 $27.90 $28.65 $30.02 Oct $16.00-$ % increase $25.87 $26.48 $27.73 $28.67 $29.44 $30.85 Effective the day following (DOR) Date of Ratification, employees classified as Labourers will start between $16.00 per hour. For every (6) months worked, the employee will be given an increase equal to one quarter (1/4) of the difference between $16.00 dollars and the top Labourer rate of $22.00 until the employee reaches the $22.00 hourly rate. If an employee hired into the Labourer Group is laid off and loses seniority and is rehired within twelve (12) months of layoff, the employee will be rehired at the rate of pay on layoff. COLLECTIVE AGREEMENT 33

39 Group 4 rates are minimum rates. October 1 st, 2015: Increase all classifications by $0.67 already allocated. October 1 st, 2016: $ lump sum payment to all currently employed bargaining unit members to be paid out on the first pay period in October on a separate cheque. Employees who are currently on lay off, this payment shall be prorated upon return. October 1 st, 2017: A general wage increase of 2.75%. 34 ARMTEC LP BRAMPTON, ONTARIO

40 JOB SKILL MATRIX The Parties have agreed to complete and maintain a Skill Matrix at the Brampton Plant. The chart is seen as a viable tool that will assist in all matters of job postings, anticipatory postings, questions of skill and ability relating to lay-off and shall be readily visible for all employees. The Skill Matrix will also assist employees in planning to upgrade their skill sets while planning their future careers with Armtec. Futher, the JOB SKILL MATRIX will not be used for the day to day assignments of work between Departments or classifications, for those purposes the Temporary Vacancy language shall apply. Initially, to complete this Skill Matrix, all employees will have to fill out and sign a form on any past experience/ skill that they may have acquired, whether with outside experience or with Armtec or an outside company. As an example, confirmation of experience may be obtained through review of Job Action Forms, Job Posting applications, verbal confirmation from Supervisors and/or Lead Hands and confirmation from the outside companies. An employee who makes a claim to have a specific skill but who cannot substantiate or validate the skill and experience or those employees who may not have utilized a particular skill in the last three to five years, those employees may be asked to submit to a test specific to the skill in question. COLLECTIVE AGREEMENT 35

41 APPENDIX C JOB POSTING, ANTICIPATORY AND TEMPORARY VACANCY C.01 JOB POSTING The parties agree that it is in everyone s best interest to promote from within the company and to provide employees opportunities to advance to increased classifications/levels within the company based on their seniority and skill levels achieved. In all cases of a permanent vacancy in Group 2 or higher, the employer shall post a notice of vacancy on all bulletin boards within the location for five (5) working days. A form shall be provided for employees to fill out. Once the contest is closed the Chief Steward and Brampton HR rep will review the applications and the successful applicant shall be proclaimed. Then the Job Skill Matrix will also be updated to reflect the change. The Company is obligated to clearly identify in the posting all of the skills and full requirements for each vacant position. Employees, who apply for a posted promotion/vacancy, must indicate so by signing the posting. The company may issue an application form to be filled out and employees shall indicate and provide supporting documentation (if any) regarding the skill(s) achieved, in their view that qualifies them for consideration for the vacancy as identified in the posting. For clarity, the employee must show or demonstrate or indicate satisfactorily what they have done previously which gives them the qualifications on the basis of the basic essential skills to be considered for the posting. If the applicant does not sign up for the posting, the company will not be required to pursue the application any further. 36 ARMTEC LP BRAMPTON, ONTARIO

42 The employee may verbally communicate to management their qualifications that would entitle them to be included in the interview process. Management will have the right to verify any employee s verbal account of their qualification(s). Successful candidates will be chosen on the basis of the basic essential posted skills and requirements for the position and where the essential posted skills and requirements for the position between candidates are relatively equal, the senior employee will be awarded the position. Employees will be given a two week familiarization period. If within the two week familiarization period the employer or employee decide there is not a fit, the employee will be returned to their previous position, and any and all resultant moves associated with the employee s successful application will be reversed with no cost or further obligation to the employer. During the familiarization period, employees will be paid their existing rate of pay. The employer shall fill all posted positions within two months from the date of the posting. The union will be consulted and be privy to the applications received and will be informed who will be interviewed and who will not. Unsuccessful employees will be given the reasons in writing with a copy of the union. Until the position has been permanently filled through the posting process, the employer shall have the right to temporarily fill the position at its discretion, until the posting has been filled as per the requirements indicated above. However, such a temporary filling of a position will not continue beyond the two months from the above noted posting date, unless the union is consulted and agree to such an extension. Employees denied a posting as above, shall have the right to seek recourse through the grievance procedure. Internal applicants/employees who are the successful applicant(s) on a job posting can post for another position COLLECTIVE AGREEMENT 37

43 no more than once unless the position is a higher paid position. If there are no internal applicants, the employer shall be free to pursue any external candidates/applicants, and the employer shall have complete discretion and freedom in choosing any external qualified applicant(s) subject to Article 4 Union Security. C.02 ANTICIPATORY VACANCIES OR NEEDS It is with everyone s interest to promote from within. The following process will allow employees the opportunity to be trained for future required positions. It will enhance their earning potential and promotional opportunity within the company. The process shall only apply for the following Anticipated Vacancies: Crane Operator, Batcher, Concrete Finisher, Skilled Set Up, or any other positions as agreed to, in writing, by the parties. Process The Company may post for anticipated future vacancies. Such posting will be made available to all current permanent employees and will be posted for five (5) working days. Interested employees will have the right to apply for Anticipated Vacancies. The Company shall consider all applications. Employees who apply will be chosen on the basis of skill and potential to meet the requirements. When skills are relatively equal, the most senior employee will be provided with the training/promotional opportunity as posted. This training and mentoring will not be greater than four (4) months. Employees chosen will be given no less than $0.25 cents per hour above the regular rate of pay for all hours spent on training. 38 ARMTEC LP BRAMPTON, ONTARIO

44 It is agreed that such employees who successfully complete the training and demonstrate they have the skills for the position, will be given future job opportunities that the training was posted for. In the event a successful candidate has completed their training and they have been awarded the job it is understood that these individuals shall not be able to apply for any other job for a minimum 1 year-period unless the job bid for is at a greater hourly rate of pay. It is also agree to and understood that employees can be accepted for this process no more than one time during the life of this agreement. Unsuccessful candidates shall have the right to apply for future postings. The Company agrees that the positions once awarded need to be filled quicker than recent history indicates. In the event of a delay, management will communicate with the union to let them know if a delay of implementation is imminent. C.03 TEMPORARY VACANCY The Company may assign employees to fill temporary vacancies. A temporary vacancy may last up to forty (40) working days. In those situations where circumstances prevent an employee from returning as originally anticipated the Temporary Vacancy may be increased an additional twenty (20) days by mutual consent with the Union. Where legally required or to accommodate Company approved leave of absence, temporary vacancies that are known or expected to last more than forty (40) working days will be posted with applicable time frames indicated. During the temporary assignment, the employee will be paid their existing rate of pay or the job rate of the temporary vacancy, whichever is higher. COLLECTIVE AGREEMENT 39

45 At the conclusion of the forty (40) working days, the temporary vacancy will posted in accordance with Appendix C. If and when the original occupant of that position returns to work, he/she will return to his/her position and the temporary occupant will be returned to his/her original position, as well as all others affected. If the original occupant does not return to work, then the temporary vacancy will be deemed a permanent vacancy and the successful applicant will receive permanent status in that position. 40 ARMTEC LP BRAMPTON, ONTARIO

46 APPENDIX D PARTICIPATION AGREEMENT Between THE TRUSTEES OF THE LABOURERS UNION LOCAL 506 (INDUSTRIAL DIVISION) EMPLOYEE BENEFIT TRUST FUND (Hereinafter called the Trustees ) OF THE FIRST PART, - And ARMTEC LP 35 RUTHERFORD ROAD, BRAMPTON, ONTARIO (Hereinafter called the Company ) OF THE SECOND PART, IN CONSIDERATION of the establishment and administration by the Trustees of a Welfare Plan providing benefits for employees in the construction industry in the Province of Ontario and the extension of such Plan to cover employees of the Company, the Company covenants and agrees with the Trustees as follows: To make contributions to the said Plan in accordance with the provisions of the Collective Agreement in force from time to time between the Labourers Union Local 506 and Pre-Con Inc. To file monthly reports as required by the Trustees, whether or not contributions are due and payable by the Company. To produce complete employment records to permit the review of those records by any person appointed by the Trustees to determine whether or not the Company has made the required contributions as provided herein. COLLECTIVE AGREEMENT 41

47 4. To pay interest of one per cent (1%) per month on all overdue contributions, provided the Company is given five (5) days after notice to correct such delinquency and, where required, to post a cash bond of up to two thousand five hundred dollars ($2,500.00) on request of the Trustees after delinquency. SIGNED, SEALED AND DELIVERED, THE TRUSTEES OF THE LABOURERS UNION LOCAL 506 (INDUSTRIAL DIVISION) EMPLOYEE BENEFIT TRUST FUND by... (Union Trustee) by... (Association Trustee) ARMTEC LP 35 RUTHERFORD RD., BRAMPTON, ONT. (Corporate Seal to be affixed) Renewed April ARMTEC LP BRAMPTON, ONTARIO

48 APPENDIX E JOINT LABOUR MANAGEMENT COMMITTEE (JLM) UNION-MANAGEMENT RELATIONS E.01 E.02 The parties to this Agreement pledge to work toward the greatest possible degree of consultation and co-operation believing that the following concepts provide a fundamental framework for improved labour-management relations: (a) (b) (c) (d) the Company is an economically characterized work community of capital-investors and workers under the leadership of management; the economic character springs from a continuous striving toward efficient use of scarce resources, energy and environment, and in the adequate development of research, production and marketing; the Company requires authority relationships under a strong central leadership or management; a strong management does not discourage co-operation but stimulates it, recognizing that while leadership without labour can do nothing, labour without management cannot survive. (a) In order to further the aims of success for better labour relations, the parties agree to schedule a Joint Labour Management (JLM) meeting on a monthly basis, or as required during the life of this Agreement. The meeting shall serve as a forum for discussion and consultation about policies and practices not necessarily covered by the Collective Agreement. COLLECTIVE AGREEMENT 43

49 E.03 (b) The Employer and the Union shall each appoint an equal number of representatives, up to a maximum of three (3). The Minutes shall record the business of each meeting and a copy shall be mailed to the Union s local office. A copy shall be given to Committee members and a copy shall be posted in the workplace. A committee member attending Joint Labour Management meetings during regular working hours, shall be entitled to his/her regular hourly rate of pay. Renewed April ARMTEC LP BRAMPTON, ONTARIO

50 Armtec LP 35 Rutherford Road South Brampton, Ontario L6W 3J4 (905) (905) Fax No. December 6, Renewed April 2016 Letter of Understanding Between Labourers International Union of North America Local 506 And Armtec LP Re: Face Down Insulated Panels Set-up and Finishing The Company will have the right to transfer workers to another department as a result of a reduction in their department. The worker must be willing and capable of performing the work required. If such a layoff results in lay-off of any employees in the department to which he/she is transferred, length of seniority will govern, provided the employees to be retained have the necessary qualifications and ability to perform the work. The transferred employees will be paid at the rate of the position transferred into. For those employees working on set-up and finishing of face down insulated panels, the rate of pay will be from group 2C to group 3C. In a Custom layoff situation: The Company agrees that there will be a minimum of 1-3C person in finishing and a minimum of 1-3C person in set-up. Yours truly, ARMTEC LP COLLECTIVE AGREEMENT 45

51 Armtec LP 35 Rutherford Road South Brampton, Ontario L6W 3J4 (905) (905) Fax No. December 6, Renewed April 2016 Letter of Understanding Between Labourers International Union of North America Local 506 And Armtec LP Re: Plant Clothing As agreed to in negotiation, the Company will administer a Uniform Management Program. The cost of uniforms will be paid by employees through payroll deductions. The program will be voluntary. The Company will consult with the Plant Committee prior to implementation of the program. Yours truly, ARMTEC LP 46 ARMTEC LP BRAMPTON, ONTARIO

52 Armtec LP 35 Rutherford Road South Brampton, Ontario L6W 3J4 (905) (905) Fax No. January 15, Renewed April 2016 Letter of Understanding Between Labourers International Union of North America Local 506 And Armtec LP Re: Job Classifications and Skill Sets The Company and the Union recognize that throughout the years, employees have been classified in certain job classifications at a Group and/or Grade that does not reflect the job duties and/or skill sets associated with the Job Classifications. They further recognize that although adjustments must be made to establish proper job descriptions to accurately reflect an employee s Group and Grade within a classification, that an existing employee should not suffer a reduction in wages, conditions or allowances as a result of this adjustment. It is further agreed that no existing employee shall suffer a reduction of their Group or Grade, wages, conditions or allowances, and/or their right to bump based on seniority as a result of this implementation. An existing employee is one who was on the payroll of the company and has bargaining unit seniority rights as at the Date of Ratification (DOR), or any employee with recall rights as of the Date of Ratification. COLLECTIVE AGREEMENT 47

53 It is further understood and acknowledged by the Company and the Union that issues may arise that were not considered or thought of which could affect an employee(s). If this is the case, such issues will be taken up by the JLM Committee to be resolved expeditiously to the satisfaction of the Parties. Posting It is understood that when an employee posts for a job, such employee will be paid the rate of pay as posted. Yours truly, ARMTEC LP 48 ARMTEC LP BRAMPTON, ONTARIO

54 Armtec LP 35 Rutherford Road South Brampton, Ontario L6W 3J4 (905) (905) Fax No. November, Renewed April 2016 Letter of Understanding Between Labourers International Union of North America Local 506 And Armtec LP Re: Closure Agreement In the event of a plant closure or part their of, the Employer agrees to notify the Union at least eight (8) weeks in advance if possible, or sooner as possible, and within that period the parties will meet and bargain a package greater than the current Employment Standards requirements. Yours truly, ARMTEC LP COLLECTIVE AGREEMENT 49

55 Armtec LP 35 Rutherford Road South Brampton, Ontario L6W 3J4 (905) (905) Fax No. April 7, 2016 Letter of Understanding Between Labourers International Union of North America Local 506 And Armtec LP Re: Relation To Training Whereas several discussions took place on training during bargaining of the renewal of the Collective Agreement, and; Whereas the parties agreed that several aspects of training are covered in three (3) separate Letters of Understanding; and Whereas both parties agree to combine the current letters into one and expand on a commitment from the Union and the Company on their Commitment in cooperation on Training initiatives; Therefore it is agreed to remove the Letters of Understanding of December 6, 2000, November 2012 and part of the Letter found on page 49 and So dealing with the Training and implement the following Letter of Understanding; LETTER OF UNDERSTANDING The parties recognize the benefits of a well-trained workforce and the desire to expand the training capabilities of the Union. Recognizing that training includes several aspects, this letter includes but is not limited to the following: 50 ARMTEC LP BRAMPTON, ONTARIO

56 Utilization of LiUNA Local 506 Training Center The Parties recognize the benefits of the training provided by the Union as a Training Delivery Agent and undertake to cooperate in its programs and delivery. The Parties recognize management right to utilize other training delivery agents, however prior to doing so the Company shall meet with the Union to discuss and consider any recommendations. The Parties agree to develop a minimum of two (2) in house instructors comprised of bargaining unit Members selected by the Union but in consultation with the Company to provide training and certifications of training and bargaining unit Members employed under this agreement. The costs associated with training development of instructors and hours lost shall be borne by the Union. Scheduling of individuals selected shall commence within the first quarter or sooner following the ratification of the Collective Agreement and done in cooperation with the Company, if scheduling permits. Related Training The Company shall maintain the right to schedule training for its employees and will endeavor the schedule training during an employee s regular work week. In the event that it is impractical to schedule training on the items listed below during the regular work week, the Company shall; COLLECTIVE AGREEMENT 51

57 (a) Provide the employees with a minimum of one (1) week notice and schedule training outside of their normal work week (b) In such event employees shall be paid for all hours spent in training at the employee s straight time hourly rate. Related Training Orientation Safe Operating Procedures Overhead Crane First Aid/CPR Emergency Response Procedure WHIMIS Forklift/Loading Shovel/Training of JHSC Members Propane Rigging and Hand Signals Confined Space/confined space rescue Manual Handling Abrasive Wheel MEWP (Mobile Elevated Work Platform) Chemical Spills Working at Heights/Working at Heights Rescue Training Opportunities The Company shall commit to the Union that training shall be provided to employees, not only for anticipatory needs such as job postings but also to fill the company identified gaps in the skills and abilities to employee may have in the requirements for their respective classification. Should the Union or Company have any issue on the selection of employees to attend the required training, the Company shall call a Joint Labour Management Committee Meeting as prescribed in Appendix E prior to implementing such training. 52 ARMTEC LP BRAMPTON, ONTARIO

58 Armtec LP 35 Rutherford Road South Brampton, Ontario L6W 3J4 (905) (905) Fax No. April 7, 2016 Letter of Understanding Between Labourers International Union of North America Local 506 And Armtec LP Re: Special Dispensation The Union and the Employer, by mutual consent, may determines on a project by project, basis if special dispensation is required to become competitive, and should the necessity arise, may by mutual agreement in writing; amend or delete any terms or conditions of the Agreement for the duration of the project. COLLECTIVE AGREEMENT 53

59 Armtec LP 35 Rutherford Road South Brampton, Ontario L6W 3J4 (905) (905) Fax No. April 7, 2016 Letter of Understanding Between Labourers International Union of North America Local 506 And Armtec LP Re: Flexible Work Schedules The Parties agree to meet with a view of reaching agreement on the implementation of flexible work schedules that may be required at certain times in the year to meet the needs of the business in meeting customer requirements, work deadlines, certain projects etc. NEW: Working Supervisor A) B) It is recognized by the Parties that in an emergency situation, specifically where employees are not available and after exhausting provisions of Article 13 and where there is a risk of losing product, it shall not be considered a violation of the Collective Agreement if Supervisors perform work up until the point of ensuring the product in question would not be lost. In the event the Union claims that this clause is not being utilized as intended, the Union may file a grievance. A decision being upheld in the Union s claim by an Arbitrator shall also result in this clause being eliminated from the Collective Agreement. 54 ARMTEC LP BRAMPTON, ONTARIO

60 THE LABOURERS CODE OF PERFORMANCE Members of the Labourer s International Union of North America are known for bringing more to the work site than their union cards. Labourers built our Union by delivering: Labourers built our Union by delivering: experience in the field all the necessary skills for the job pride in their work, and an ethic of hard work and sage practices To ensure that these traditions are passed on to present and future generations of Labourers, and to ensure maximum efficiency and productivity for our signatory Employers, the Union adopts and implements this Code of Performance for its members and Officers. The goal of the Code of Performance is to ensure that our members meet the highest standards in our industries. Our aim is to deliver craftsmanship that exceeds the expectations of our contractors and their customers. We will provide and maintain a work force that makes contractors want to be Union and owners willing to build Union. Meeting these goals requires a commitment of our Union leaders to embrace the values of hard work and best practices at work and to lead our membership through such an example. These goals require members to understand and incorporate these values in their day-to-day performance. Furthermore, these goals require contractors to follow through on any performance issues falling below the standards set here. Local Union Responsibilities Understand and adopt the Code of Performance as part of the Local Union s Hiring Hall Rules, or request a variance from the General President if the Local Union COLLECTIVE AGREEMENT 55

61 has previously adopted a substantially equivalent policy, practice or procedure; any such variance request must first be approved by the District Council (if the Local is affiliated with a District Council) and theregional office. Educate members about the Code of Performance, its goals and standards. Provide guidance to members in assessing their skills. Provide training opportunities for members to upgrade their skills. Enforce the Code of Performance by suspending members referral rights as appropriate. Nothing in the Code shall prevent a Local Union from enforcing its own Job Referral Rules provided such Rules have been approved by the District Council (if the Local is affiliated with a District Council), and are not inconsistent with the Code or the Job Referral Guidelines. Ensure a fair opportunity for members to contest any suspensions or referral privileges. Provide an opportunity to counsel members whose referral privileges have been suspended on how to prevent further problems. Promptly notify members who are discharged for just cause and provide the contact information for the Business Manager of the District Council (if the Local Union is affiliated with a District Council). District Council Responsibilities Assist Local Unions in effectuating the Code in accordance with Article II of the Uniform District Council Constitution and where the Hiring Hall Rules are included in a collective bargaining agreement, and, in negotiations with contractors to adopt the Model Hiring Hall Clause. 56 ARMTEC LP BRAMPTON, ONTARIO

62 Member Responsibilities Acquire the necessary skills through apprenticeship and/ or training programs. Report promptly upon referral to a job and show up to a work on time, ready, willing and able to work. Be aware of and follow the Local Union s Job Referral Rules. Avoid excessive absenteeism and excessive tardiness. Follow direction from supervisors. Do not be insubordinate. Give a fair day s work. Treat the Employer s and the customer s tools, property and those of fellow workers with respect. Avoid disruptions on the job by using the established procedures to resolve disputes. Observe all safe working practices. Employer Responsibilities The Code of Performance will not be effective without the Employers commitment, support and participation. Accordingly, it is the Employers responsibility to: Ensure that each project has the necessary number of Labourers, equipment and leadership to perform the work. Inform the Local Union of any problem Labourers and/ or work issues with Labourers regarding the Code of Performance. Counsel Labourers who are not meeting their responsibilities through verbal and written warnings and consult with the Local Union when warnings occur. COLLECTIVE AGREEMENT 57

63 Fill out the Notification of Termination Form for any Labourer terminated for just cause. (Just cause shall include only those reasons for termination specified on the Notification of Termination Form.) The Employer agrees to support any decision made through or by a Review Committee, or Independent Review Officer. Enforcement Procedure (a) (b) (c) Should any Labourer be terminated for just cause, his or her referral privileges shall be suspended automatically for one month. Should the same individual be terminated for just cause a second time within a twenty-four (24) month period, his or her Hiring Hall Referral privileges shall be suspended automatically for six months. Should the same individual be terminated for just cause a third time within a twenty-four (24) month period, his or her referral privileges shall automatically be suspended indefinitely (time period begins from the date of first discharge). A termination shall not be considered as for just cause for purpose of this provision if the person referred for employment has filed a grievance under the c/b/a challenging the prosperity of his or her termination, unless and until the grievance is resolved in a manner that affirms the termination for just cause. For the purpose of this provision, a decision of a designate panel or an arbitrator shall be final and binding. The provisions in subsections (a) and (b) notwithstanding, a Review Committee, composed of three (3) members appointed by the Business Manager of the District Council, may, upon written request of the applicant, vacate or reduce the period of suspension. In the event the Local Union is not affiliated with a District Council 58 ARMTEC LP BRAMPTON, ONTARIO

64 (d) (e) any such representatives shall be appointed by the Business Manager of the Local Union. Any such written request by the applicant shall be filed in writing with the Business Manager of the District Council, or if the Local is not affiliated with a District Council then with the Business Manager of the Local Union, within five (5) calendar days of the time he/she has been notified that the termination is for just cause under this Code. A request under this provision shall stay the commencement of suspension from referral unless and until the Committee decides otherwise. The Committees decision will be by majority vote and shall be based on all of the available evidence including, as appropriate, the circumstances of the termination, skills evalutions by third parties, the availability and need for additional training whether the applicant is a journeyman or an apprentice member and such other factors as may be relevant. The Committee s decision shall rest in its sole and complete discretion. The decision of the Committee will affect only the issue of eligibility for future referrals, and will not affect the termination unless all parties expressly consent to have that issue considered by it. If dissatisfied with the decision made by the Review Committee, the applicant may appeal the Committee s decision to an Independent Review Officer. The Independent Review Officer shall establish an expedited procedure to review such appeals promptly and expeditiously. Any appeal to the Independent Review Officer shall be filed by the applicant in writing within five (5) calendar days of time he/she has been notified of the Review Committee s decision and shall contain a brief statement of the issue/s. The decision COLLECTIVE AGREEMENT 59

65 (f) of the Independent Review Officer shall be final and binding. A request for review by the Independent Review Officer under the provision does not affect the commencement or continuation of the suspension from referral unless and until the Independent Review Officer decides otherwise. Should any member whose referral privileges are suspended pursuant to the Code seek to transfer into another affiliated Local Union, then the terms and conditions of such suspension of referral privileges shall be recorded on the transfer slip issued by the Local Union from which the member seeks a transfer; such suspension of referral privileges shall continue at the new Local to which the member transfers. 60 ARMTEC LP BRAMPTON, ONTARIO

66