Between: Effective: May 1, 2008 COLLECTIVE AGREEMENT. GERDAU AMERISTEEL- WHITBY METALS RECYCLING (hereinafter called "The Company") AND

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1 Between: COLLECTIVE AGREEMENT GERDAU AMERISTEEL- WHITBY METALS RECYCLING (hereinafter called "The Company") AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 793 (CRANE OPERATORS) (hereinafter called "The Union") Effective: May 1, 2008 Expiry: April 30, 2013 (.)

2 .. Whereas the Union and the Company are desirous of establishing a Pa e The Company agrees to employ only members of the Union during the term of this Agreement for positions within the bargaining unit and covered in this Agreement and the Union must give preference in supplying men to the Company. The Company agrees that whenever additional personnel covered by this Agreement are required, it shall call the Union office or the Union Representative, who shall attempt to supply qualified personnel, satisfactory to the Company within Twenty Four (24) hours. If the Union is unable to supply qualified men within Twenty-Four (24) hours, the Company may hire on the open market, provided such men shall become members of the Union within sixty (60) days of such hiring, or be dismissed. However, it is recognized that the Employer may deploy its work force to achieve economy and efficiency in order to maintain work for its employees, including the use of any available personnel to cover assignments of short term relief, emergency or other pressing nature. The operation of all the Employer's cranes is the sole jurisdiction of the Union's crane operators bargaining unit. Under no circumstances shall a regular crane operator Jose or be in any way deprived of regular hours of work due to the use of personnel other than members of the Union nor shall regular crane operators be replaced by Non-Union personnel for the purposes of overtime The Company recognizes the Union as the sole and exclusive bargaining agent for all Crane Operators in the employ of the Company in Metropolitan Toronto, and in the County of Durham, save and except yard foremen and persons above the rank of yard foreman. Article 1 - RECOGNITION AND UNION SECURITY IT IS EXPRESSLY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: form of standard Collective Agreement with respect to employees engaged in handling of Scrap and Industrial Metals within the jurisdiction defined herein, so as to provide uniform interpretation, application and administration of the relationship established,

3 1.03(a) 2.01 Nothing in this Agreement shall be deemed to limit the Company in any way in the exercise of the regular and customary functions of management, including also the making of such rules relating to the operation of the Company as it shall consider advisable, provided such rules shall not be inconsistent with the terms of this Agreement while it is in force and observed by the Union. Article 2 - MANAGEMENT RIGHTS 1.04 In this agreement, any references to the masculine gender shall include the feminine gender and any references to the feminine gender shall include the masculine gender. 1.03( c) Effective April 30, The Employer shall deduct ten cents ($0.10) per hour for each hour earned by each employee covered by this Agreement for Advancement Dues. The amount deducted shall be remitted together with other monthly contributions and deductions in the manner set out in this Collective Agreement (b) Effective August 1, Working Dues of 2% of the total wage package which includes the hourly rate, vacation pay and health plan and pension plan contributions of employees who are members of Local 793 shall be deducted and shall be remitted to Local 793 not later than the fifteenth (15th) day of the month following the month for which the dues were deducted. Upon receipt of written authorization duly executed by individual employees and witnessed by the Company Payroll Department, the Company will deduct the regular monthly Union dues from the pay issued to employees on the first pay period of each calendar month. Amounts so deducted, along with the employee's Social Insurance Number will be forwarded to the Financial Secretary of the Union within ten (10) days after the deduction has been made. The initiation fees will also be deducted and forwarded to the Union when authorized as above on a formula agreed to by the parties. When a man is off work or on holidays, his Union dues are to be deducted when he returns. Pa e 3

4 Pa e The Union also acknowledges that it is the exclusive function of the Company to maintain order, discipline and efficiency; hire, discharge, transfer, promote, demote or discipline employees, provided that a claim of unfair and discriminatory promotion, demotion or transfer, or a claim that an employee has been discharged or disciplined without reasonable cause, may be the subject of a grievance and dealt with as hereinafter provided. Article 3- GRIEVANCE AND ARBITRATION 3.01 If an employee has a issue, he may be accompanied by a Union steward in discussing said issue with any Management Representative. If the issue involves an interpretation, application or the administration of the Collective Agreement, then the Steward shall become involved if the matter becomes a grievance If an issue cannot be resolved, then it shall become a subject for grievance and be reduced to writing, which shall be dated and signed. Any issue that becomes a grievance must be dealt with within ten (10) working days of the circumstances causing the issue or the Company shall not be obliged to consider the grievance. Within ten (10) working days after receipt of the grievance, representatives of the Union and the Company shall discuss the grievance. If such discussion does not settle the grievance, then the grievance may be submitted to arbitration. Notice of arbitration must be given within ten (10) working days after the discussions between the Company, and Union, or the grievance shall be considered as settled If either the Company or the Union has an issue concerning the conduct of the other, or alleging a violation of the terms of this Agreement, then a grievance may be initiated as in 3.02 above. This privilege may not be used by the Union to initiate a grievance that could have been placed by employees in accordance with the time limits in 3.02 above. Article 4 - ARBITRATION 4.01 Any dispute, difference, controversy or grievance submitted to arbitration shall be so submitted within ten (10) working days of the completion of the procedure as outlined in section 3.02 above.

5 ... Pa e The Board of Arbitration will be composed of one (1) person appointed by the Company and one (1) person appointed by the Union, and a third person to act as Chairman, chosen by the two members of the Board (b) In determining working days as allowed in the various steps, Saturdays, Sundays, and Paid Holidays shall be excluded and any time limit may be extended by agreement, in writing. 4.08(a) The nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated, shall be set out in the written record of the grievance and may not be subject to change in later steps Each of the parties to this Agreement will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman 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, nor to give any decision inconsistent with the terms and provisions of this Agreement The decisions of the Board of Arbitration or a majority of such Board, constituted in the above manner, shall be binding on the employee, the Union and the Company Should the person chosen by the Company to act on the Board, and the person chosen by the Union, fail to agree on a third member as Chairmen within five (5) days of the notification mentioned in 4.03 above, the Minister of Labour of the Province of Ontario will be asked to nominate a Chairman Within five (5) working days of the request of either party for a Board of Arbitration, each party shall notify the other of the name of its appointee.

6 .. _ 4.08 (c) If advantage of the provisions of Articles 3 and 4 hereof is not taken Pa e 6 within the time limit specified therein, or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be reopened Any employee may be granted leave of absence without pay or without loss of seniority to attend Labour Conventions, to serve in any capacity on official Union business, or for upgrading skills. Such leave shall not be unreasonably withheld and Management reserves the right to schedule the appropriate personnel from Local 793 into the temporarily vacated crane position for the period of time the vacancy exists, and only a licensed member of Local 793, or an apprentice, shall run the RT crane. A request for such leave of absence up to a maximum period of one (1) year shall be applied for and granted, in writing - a copy of granting of leave to be forwarded immediately to the Union. A request for such leave shall be in writing to the Production Manager or his designate, at least two (2) weeks prior to the period of time requested (b) In permanent lay-offs, the Company will not retain a junior crane operator and lay-off a more senior crane operator on the basis of the junior operator having more experience, or better work performance, without first giving the senior operator a two (2) day trial period to demonstrate that he has the necessary qualifications to operate the machine doing the available work (a) When it is necessary to lay-off or re-hire employees who have been laid off, the employees to be laid off or re-hired shall be selected on the basis of seniority combined with experience and performance of work assigned within their classifications. As between two employees whose experience and performance of work assigned has been equal, seniority shall govern the selection, and for this purpose seniority records shall be maintained by the Company and shall be open to inspection by the duly accredited representatives of the Union New employees will serve a probationary period of sixty (60) days of work before acquiring seniority rights. Their seniority will then date back the sixty (60) days of work. Article 5 - LAY-OFF AND RECALL

7 5.04 Any employee shall lose his seniority if he: (i) voluntarily quits the employ of the Company; (ii) is discharged and not reinstated through the grievance procedure; 5.08 A seniority list of Crane Operators will be posted twice per year and the Union shall be issued a copy Any notice of lay-off in excess of one (1) day of work shall be given one (1) clear week in advance of such lay-off except in circumstances beyond the control of the Company Any notice sent by the Company to an employee's last recorded address will be sufficient and effective notice An employee who is requested to return to work and who is not immediately available may be passed over and a more junior employee may be called instead, subject to displacement by the more senior employee when he does report for work within eight (8) days of notification to do so. (vii) is absent without permission for two (2) consecutive days of work without a substantiated reason beyond the control of the employee. (vi) is absent due to sickness or accident (not compensable accident) of one (1) year's duration. For employees with more than five (5) years of service, this shall be twentyfour (24) months; (v) uses a leave of absence for anything other than what it was intended for; (iv) fails to return to work within eight (8) days after he has been notified by the Company by registered mail, or if he fails to advise the Company within six (6) days of receipt of notice of his intention to return. (iii) is laid off and is not re-employed within (the employee's length of service up to a maximum of [24] months) from the lay-off; Pa e 7

8 6.01 Safety helmets and raincoats will be supplied by the Company as required. Employees shall be required to wear approved safety Pa e 8 Bereavement leave with pay for three (3) working days shall be granted to an employee to make arrangements for and to attend the funeral of a spouse or child. ANY ADDITIONAL TIME REQUIRED WILL BE GRANTED WITHOUT PAY FOR SPOUSE OR CHILD ONLY Bereavement leave with pay for regular work missed for up to three (3) days shall be granted to an employee to make arrangements for and to attend the funeral of a mother, father, sister, brother, child, spouse, mother-in-law, father-in-law or grandparent. One (1) day without pay will be granted to attend the funeral of an employee's niece, nephew, aunt or uncle. Only regular working time missed shall be paid for and, in any case, shall end on the day of the funeral Attached hereto and forming part of this Agreement is Schedule "A" which is a schedule covering wages, hours of work and overtime, holidays and vacation pay and other working conditions. c) the net amount of wages being paid. b) the gross wages and the amount of each deduction from the gross wages of the employee, and each deduction to be identified; a) regular hours and overtime hours for the time period for which the wages are being paid; 6.02 Wages shall be paid by cash or cheque at the option of the Company during working hours, if possible, and shall be accompanied by a statement setting out: footwear and other safety devices as issued by the Company. All safety devices including footwear shall be issued at no cost to the employee providing employees take reasonable care of such equipment or payment charges may be made. The Company also agrees to provide coverall service. Article 6 - GENERAL PROVISIONS

9 6.05 An employee who is subpoenaed to serve on a jury shall be paid for regular work missed at the regular hourly rate, provided: a) the subpoena is produced if requested by the Company; 7.01 In view of the grievance and arbitration procedures provided in this Agreement, it is agreed by the Union that there shall be no strike or stoppage of work, either complete or partial, and the Company agrees that during the term of this Agreement there shall be no lockouts. Article 7 - NO STRIKES OR LOCKOUTS 6.10 Employees who have been disciplined up to and including written warnings (not suspensions or final written warnings) shall have such discipline removed from their record eighteen (18) months from date of issue. Suspensions and final written warnings shall be removed from an employee's record twenty-four (24) months from the date of issue One employee from the Crane Division shall sit on the Health and Safety Committee Regarding meal periods during the annual shredder shutdown, the operators meal periods shall remain the same as per regular operation of the shredder Employees shall be given paid rest periods of up to fifteen (15) minutes in each half shift worked. The times of rest period shall be assigned by the Yard Superintendent, or his designate. Employees required to work overtime after the normal quitting time of a shift shall receive a further fifteen (15) minutes paid rest period, if such overtime will go beyond two (2) hours worked. This further rest period will be at or around the normal quitting time When an employee reports for work at his regularly scheduled starting time, without being told in advance not to report, he shall be given work, or pay, for a minimum of four (4) hours. c) the employee endorses over to the Company all fees (not expenses) that were paid for jury duty. b) the employee reports for work at times when not required for a jury sitting; Pa e 9

10 Article 8 - TERM OF AGREEMENT 8.01 This Agreement will continue in full force and effect from May 1, 2008 up to and including the 30th day of April, Unless either party notifies the other of its desire to amend or terminate the said Agreement, it shall continue in effect from year to year thereafter The Steward shall not leave his job for the purpose of discussing any matter with employees or supervisory personnel without first obtaining the consent of his foreperson. Such consent will not be unreasonably withheld and the Steward and/or Plant Chairperson shall suffer no loss of regular pay for time spend in the handling of grievances or in other direct meetings with the Company. This shall not apply to any arbitration, conciliation or mediation proceedings An employee shall not be eligible to act as a Steward and/or Plant Chairperson until he has completed the probationary period The Union shall have the right to appoint or elect Stewards and/or Plant Chairperson from within the bargaining unit to represent other employees of the bargaining unit on behalf of the Union The Union representative, when on site, shall abide by all Company site regulations and safety rules as stipulated in the appropriate Safety Act and Regulations or Company safety policies The Union representative shall, in the course of his duty, have access to the work, where possible, on which members of the Union are employed and the Company shall assist the Union representative to obtain a pass to the premises where necessary. The Union representative shall first make his presence known to the Company's most senior management representative or his delegate in the job site. In no instance, however, shall he interfere with the progress of the work. Article 9 - UNION REPRESENTATION 8.02 Notice that either party intends to amend or terminate this Agreement may only be given during a period of not more than ninety (90) days and not less than thirty (30) days preceding April 30, 2013 of any succeeding anniversary date. Pa e 10

11 Pa e 11 SIGNED AT WHITBY, ONTARIO, THIS \'( DAY OF 0 c;:;; FOR THE UNION

12 Pa e 12 SCHEDULE "A" 1. WAGES AND CLASSIFICATIONS a) Classification: Engineers Operating Cranes Hourly Rates Effective Effective Effective Effective Aug.Ol/08 Apr.30/09 Apr.30/10 Apr.30/11 $22.88 $23.74 $24.63 $25.55 Effective Apr.30/12 $26.51 Effective Apr.30/13 $27.50 b) If the Company puts into effect a type of crane which differs from those currently in use, then the Union and the Company shall meet to establish a rate within thirty (30) days after the different crane is put into service. c) There shall be shift bonuses paid per hour for all hours worked as follows: 2nd Shift(Afternoons) $0.80 3rd Shift (Nights) $ Hours $0.70 This shift bonus shall not be used in any overtime calculations. e) The Company will not assign work in accordance with seniority, but will give preference to the senior crane operators on jobs that do not have shift rotation. f) The Company may hire crane operators as apprentices under the Apprenticeship Act and Regulations of the Province of Ontario. 2. LUMP SUM PAYMENTS a) Year One Year Two Year Three Year Four Year Five $ 1,000 (upon ratification) $ 1,000 (April 30, 2009) $ 1,000 (April 30, 2010) $ 1,000 (April 30, 2011) $ 1,000 (April 30, 2012) The company agrees to a one time $ (Two Hundred and Fifty Dollars) lump sum signing bonus in lieu of adding the Family Day Holiday.

13 c) The employee will be given the option of transferring the amount to his/her personal R.R.S.P. pre-tax. 3. HOURS OF WORK AND OVERTIME c) Overtime shall be distributed as equally as practical among the Crane Operators. An operator who declines to work overtime shall miss his next turn in rotation. Overtime records shall be made available to the Union steward if there is a dispute. The company will distribute overtime opportunities as fairly as is practicable beginning with the operator with the lowest offered overtime. NOTE: The above starting and stopping times of shifts may be varied by the Company by one (1) hour in accordance with operating requirements. The Company will notify the Union in advance of such schedule change, but no later than Friday of the week preceding the calendar week in which the schedule change becomes effective. In no event shall an employee on the second shift or working overtime, revert to regular rates until at least eight (8) hours have passed since he quit working after the second shift or overtime work. b) In the event the Company chooses to operate on a three (3) shift basis, then employees will receive eight (8) hours' pay including a paid twenty (20) minute meal period in return for eight (8) hours on the job - ie. the finish time will be eight (8) hours after the start time with back-to-back shifts :30-4:00 m 12:00-12:30 am Weekly Hours Daily Hours Start Between Finish Between When it is necessary to operate two (2) shifts, then the second shift shall commence after the finish of day shift and have the standard weekly and daily hours of work and finish after the daily hours, plus a one-half (Vz) hour meal period. The second shift hours shall be: :00-7:30am 3:30-4:00 m Weeklv Hours Dailv Hours Start Between Finish Between a) The standard work week for day shift shall be as follows: b) Payable to the employee as listed above.

14 standard hours per day shall be paid for at double the regular hourly rate. e) Should the Company require a Crane Operator to be available for Week Four - 36 hours (36 X 1) Week Three- 48 hours (40x1,8x2) Week Two - 36 hours (36 X 1) Week One - 48 hours ( 40 X 1, 8 X 2) Pay Periods h) The following issues pertinent to 12 hour shifts will also be recognized: The Company and the Union will agree on the most suitable version of this shift schedule, and recognize that the membership will determine, by vote, of which version is deemed acceptable. g) In the event the Company chooses to operate on a four ( 4) shift basis, the attached "12 hour shift schedule" will be recognized, for all regular hours and summer shutdown periods. f) The Company will make every effort to give two (2) days notice for all regularly scheduled overtime. The Company and the Union recognize that in the event of unforeseen circumstances, or emergency breakdowns, such notice may not be possible. The Company and the Union agree that failing to provide adequate notice is not cause for any monetary compensation. immediate call-in to work on a Saturday, then at least four (4) hours pay at regular rates shall be guaranteed to that Crane Operator, whether he works or not. Any pay for actual hours worked if called in shall be deducted from the four hours; pay. Any request for standby will be in writing dated and signed by an appropriate Company official. d) The standard work day shall be not more than as set out above at regular hourly rates. Any work performed in excess of the

15 ... All hours over forty (40), in the 48 hour work week will be paid at double time. All overtime above any regularly scheduled hours will be paid i) Shift Bonus at double time as per the collective agreement. The following shift bonus will be paid for all regularly scheduled hours worked on 12 hour shifts. ii) have worked the last full shift immediately preceding and the first full shift immediately succeeding a holiday, (except where laid off five (5) working days before or after the Paid Holiday), unless some other i) have completed the probationary period of employment; c) To be eligible to receive pay for a holiday, an employee shall: b) If any of the paid holidays falls on a Saturday or a Sunday, the holiday will be celebrated on the proceeding Friday or succeeding Monday, depending on production requirements. New Year's Day Good Friday Victoria Day Dominion Day Civic Holiday Day Before New Year's Day Labour Day Thanksgiving Day Christmas Day Boxing Day Day Before Christmas Day a) The following eleven (11) days only will be considered paid holidays, namely: 4. PAID HOLIDAYS Employees on a 12 hour shift schedule shall be given paid rest periods equivalent to two (2), or ten (10) minute breaks, and two (2), twenty (20) minute rest periods to be assigned by the Yard Manager or his designate. j) Breaks and Rest Periods 12 Hour Shift Bonus $0.70

16 iii) arrangement is made satisfactory to the Company, or unless the absence on either or both of the said days only, was due to certified personal illness; no payment for a Holiday will be made under (ii) above where an employee does no work in the week in which a holiday occurs. (Section (d) below is excluded from this provision). d) If one of the above paid holidays falls during an employee's vacation with pay, the employee will be granted an additional day off with pay. 5. VACATION WITH PAY Vacation with pay will be granted by the Company in accordance with the following: a) Employees with less than one (1) year of continuous service shall be paid four per cent (4%) of gross wages in lieu of vacation. b) Employees with one (1) year but less than three (3) years of continuous service shall receive two (2) weeks' vacation paid at four per cent (4%) of gross earnings. c) Employees with three (3) years but less than five (5) years of continuous service shall receive two (2) weeks' vacation paid at five per cent (5%) of gross earnings. d) Employees with over (5) years of continuous service shall receive three (3) weeks' vacation paid at six per cent (6%) of gross earnings. (The third and fourth weeks of vacation shall be taken at the discretion of the Company.) e) Employees with over ten (10) years of continuous service shall receive four (4) weeks' vacation paid at nine per cent (9%) of gross earnings. (The third and fourth weeks of vacation shall be taken to the discretion of the Company.) f) Employees with over fifteen (15) years of continuous service shall receive four (4) weeks' vacation paid at ten per cent (10%) of gross earnings. g) Employees with over twenty (20) years of continuous service shall receive four ( 4) weeks' vacation paid at twelve per cent (12%) of gross earnings. h) The company agrees to calculate vacation pay on a per week basis but vacation pay will be paid on one paycheque.

17 ,_ 6. a) The Company shall pay 100% of the premium costs to provide employees with the following benefits, which will be administered in accordance with the terms of the policy with the carrier and the Company shall not be involved in any dispute involving any claim: 7. Effective August 1, 2002 $ 3.60 a) The Company shall participate in the I.U.O.E. Local 793 Pension Plan for Operating Engineers in Ontario, and pay the following into the pension: GENERAL d) The Company agrees to pay the costs associated with prescription drugs with an annual deductible of$ per individual or family, and 100% paid above deductible, for employees a period of twenty-four (24) months after qualifying for normal retirement. c) Prescription eye glass coverage providing one (1) pair of glasses each two (2) years to a maximum of$ each two years, for employees and their dependents will be provided. b) The Company shall continue to pay for Dental coverage of basic preventative features equal to Blue Cross # 9 to a maximum of $1, v) Supplementary Health Insurance Benefit, including prescription drugs, with an annual deductible of$ per individual or family, and 100% paid above deductible. There is a maximum of no less than $ 25,000. per person (Employees and Dependents). iv) Semi-private hospital accommodation (Employees and Dependents); iii) Weekly Indemnity /3% of basic weekly earnings up to the U.I.C. maximum on a formula (Employees) ii) A.D.&D.- $ 25, (Employees); i) Life Insurance - $ 35, (Employees) or 1X the employee's annual base pay (hourly rate X 2080 hours), whichever is greater. WELFARE BENEFITS

18 The administration of the plan shall be in accqrdance with the established practice and policy. d) Vacation will be taken in hours, in groups of two or three consecutive shifts at a time, depending on the number of consecutive shifts a person is scheduled to work. The entire block of two or three shifts must be taken, not two out of three. The only time part of a block can be taken is when person is using the end component of the vacation entitlement. For instance, two weeks vacation entitlement is now converted to 80 hours or 6 shifts plus 8 hours. Three weeks vacation is now 120 hours or 10 shifts plus 0 hours, and so on. This could result in as many as 20 vacation hours still to be taken, after a series of two and three consecutive shifts have used up the rest of the vacation entitlement. This end component must be taken at one time, but it may be taken at the discretion of the employee with approval of the Yard Manager, such approval will not be unreasonably withheld. c) With respect to twelve (12) hour shifts, and statutory holidays, employees regularly scheduled to work on a statutory holiday will be paid for the holiday at twelve hours and those who are not regularly scheduled to work will be paid at eight hours. b) Gross earnings are defined as all income paid to employees by Gerdau Ameristeel Whitby Metals Recycling. Effective April 30, 2003 Effective April 30, 2004 Effective April 30, 2005 Effective April 30, 2006 Effective April 30, 2007 $3.65 $ 3.70 $ 3.75 $3.80 $4.00

19 LETTER OF UNDERSTANDING Pa e 19 FOR THE COMPANIY' FOR THE UNION THIS zs DAY OF During the course of this agreement should any additional lifting devices be purchased, the Union and the Company agree to define which contract the equipment will belong to at that time. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793 (the "Union") -AND- BETWEEN: GERDAU AMERISTEEL- WHITBY METALS RECYCLING (the "Company")