\' SUPPLEMENTARY MAINTENANCE AGREEMENT DI COCCO CONTRACTORS LTD. (Hereinafter referred to as the "Employer") -BETWEEN- -AND- INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL793 (Hereinafter referred to as the "Union") JANUARY 1, 2014 TO DECEMBER 31, 2016
ARTICLE- PURPOSE OF AGREEMENT 1.1 The purpose of this agreement is to promote harmonious relations between the Employer and his employees, and to govern the wages and conditions of employment for maintenance work on jobs where the Employer can offer to his employees a continuity of employment. To assure that this agreement is used for the intent of maintenance, the Employer agrees that any employee who receives less than one(!) continuous week of employment (Monday through Friday inclusive) shall receive construction rates of pay and overtime for all hours worked excluding those quitting of their own volition or terminated for just cause. Where a signed contract with a client for maintenance is in effect, all work performed by the Company of a maintenance nature in that plant will be done under this agreement. ARTICLE 2-DEFINITION 2.1 Maintenance work is work performed by replacing or renovating (commonly known as repair work) of existing facility within a plant so as to keep it in efficient operating condition. It shall also include demolition of parts' or all of an existing plant. 2.2 Maintenance rates established in this agreement shall not apply during a shutdown. Hourly rates of pay and overtime to apply will be those established in the prevailing construction agreement. Pre and post shutdown work will be done in accordance with this maintenance agreement. 2.3 The scope of this agreement shall not apply to work performed by the Employer of a new construction nature which is work required to erect new facilities in which event the work shall be performed in accordance with the provisions of the prevailing construction agreement. This agreement shall not apply to Crane Rental work which shall be performed in accordance with the provisions of the prevailing construction agreement. 2.4 The Union and the Employer understand that the Owner-Client, may at his discretion, choose to perform or directly sub-contract work for any part or parts of work necessary in his plant. 2.5 Where the term, "prevailing construction agreement" is used herein, it shall mean the Provincial Construction Agreement entered into between the Employer Bargaining Agency and the Union, as they may apply to Lambton County. 2.6 The Employer shall inform the Union before implementing this agreement. The Employer and the Union shall hold a pre-job meeting at the request of either party. 2.7 A Maintenance Committee will be established to determine if the work to be performed is maintenance or done under another Collective Agreement. This committee will be comprised of one person appointed by the Union and one by the Contractor. If they cannot agree then a mutually agreed upon person will be chosen to make a decision. Page 2 ofl2
ARTICLE 3- RECOGNITION 3.1 The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Employer for who the Union has bargaining rights within the Province of Ontario engaged in work covered by the classifications set out in the Provincial Construction Agreement, and any additional classifications as may be agreed to by the parties. ARTICLE 4 MANAGEMENT RIGHTS 4.1 Union agrees and acknowledges that the Employer has the exclusive right to manage the business and to exercise such right without restriction, save and except such prerogatives of management as may be specifically modified by the terms and conditions of this agreement. Without restricting the generality of the foregoing paragraph, it is the exclusive function of the Employer: a) To determine qualifications, classify, transfer, hire, direct, promote, demote, layoff, discipline, and discharge employees for just cause and to increase and decrease working forces in accordance with the terms of this agreement. b) To determine the materials to be used, design of the products to be handled, facilities and equipment required, scheduling of work and locations of equipment. c) To determine the rules and regulations to be observed by employees, violations of which may be the cause for discipline and may include discharge. 4.2 The Employer recoguizes that the employees and the Union have recourse through the grievance procedure if they feel that the Employer has exercised any of the foregoing rights contrary to the terms of this agreement. At the request of the employee concerned, incidents of alleged discharge for cause shall be in writing. 4.3 Transfers are not permitted to displace existing employees. ARTICLE 5 N 0 STRIKES, NO LOCKOUTS 5.1 In view of the grievance and arbitration procedures provided in this agreement, it is agreed that there shall be no strike, picketing, slow down or stoppage of work, either complete or partial and that during the term of this agreement, there shall be no lockouts. Page 3 of 12
ARTICLE 6- JURISDICTIONAL DISPUTES 6.1 The Employer and the Union agree that the jurisdiction recognized herein will be the jurisdiction recognized by the AFL-CIO. 6.2 Any jurisdictional dispute assignment made by the Employer after consultation with the involved Unions shall be abided until such time as a meeting is arranged between the Joint Labour Management Committee of the Samia Building Trades Council and the Samia Construction Association. The Committee will rule on whom the work rightly belongs to by evidence presented by the Unions involved. The Committee's obligation is to follow a similar format as used by the National Joint Board when rendering their decision. When a decision is made, the Employer will be advised and will award the work accordingly. ARTICLE 7- GRIEVANCE PROCEDURE 7.1 There shall be an earnest effort on the part of both parties to this agreement, to settle promptly through the procedure set out herein, any complaints, grievances, or disputes arising from the interpretation application or administration of this agreement. 7.2 All grievances to be dealt with under Step Two below shall be in writing, on forms supplied by the Union and signed by the employee having such grievance. 7.3 Written grievances, to be valid, shall set out the nature of the grievance, the Article or Articles alleged to have been violated and the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the case of remedy, an Arbitration Board. 7.4 In determining the time which is allowed in the various steps of Article 7 and 8, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing. 7.5 If advantage of the provisions of Article 7 and 8 hereof is not taken within the time limits specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened. 7.6 The Employer shall designate and name the official to whom a written grievance is submitted at Step #2. 7.7 a) It is understood and agreed that an employee does not have a grievance until he has discussed the matter with his foreman or other supervisory personnel acting. in this capacity and given him an opportunity to deal with the complaint. His decision shall be made known to said employee within forty-eight ( 48) hours. Grievances properly rising under this agreement shall be adjusted and settled as follows: Page 4 of12
ARTICLE 7 GRIEVANCE PROCEDURE (cont'd) STEP 1 - Within ten (1 0) full working days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee and/or a Union Representative, shall present the grievance in writing to the official of the Employer named by the Employer to handle grievances at this step. If a settlement satisfactory to the Union and the employee concerned is not reached within two (2) full working days, the grievance may be presented as indicated in Step Two at any time within five (5) working days thereafter or if the grievance involves monetary, discipline or discharge matters, not involving the interpretation of the agreement to final and binding determination. STEP 2 - At this step, the grievance may be submitted to a local area Joint Committee consisting of representatives of the area Employer Association. Should no satisfactory settlement be reached within five (5) working days of the grievance being submitted to the local area Joint Committee, the grievance may be submitted to arbitration. b) The Union may process a written grievance which involves a number of employees of an Employer or the interpretation of the agreement. Such grievance shall be commenced at Step Two of the above procedure. The Employer may process a written grievance alleging a violation of, or the interpretation of this agreement at Step Two of the above procedure. c) No decision or settlement involving any grievance which has been dealt with at Step One or Two above, other than grievances which have been properly referred to final and binding determination, shall be used by any party as a precedent in future cases and shall be treated as only applicable to the grievance in question. 7.8 Notwithstanding the above, a grievance concerning wages and fringe benefits may be presented within thirty (30) days after the circumstances occurred or originated and further provided that a grievance concerning Welfare or Pension contributions may be presented within thirty (30) days after the particulars of such grievance should have reasonably become first known to a Union Representative. ARTICLE 8- ARBITRATION 8.1 The parties to this agreement agree that any grievance which has been properly carried through all the steps of the grievance procedure outlined in Article 7 may be referred to a Board of Arbitration or other fmal determination within twenty (20) working days after completion of Step Two of Article 7.7. Page 5 of 12
ARTICLE 8- ARBITRATION (cont'd) 8.2 The Board of Arbitration will be composed of one person appointed by the Employer, one person appointed by the Union and a third person to act as Chairman chosen by the other two members of the Board. 8.3 Within five (5) working days of the request by either party for a Board, each party shall notify the other in writing, of the name of its appointee. 8.4 Should the person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third member as Chairman within five (5) days of the notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to appoint a Chairman. 8.5 The decision of the Board of Arbitration or a majority of such Board constituted in the above manner shall be binding on the parties to this agreement. 8.6 The Board of Arbitration shall not have any power to alter or change any new provisions of this agreement or to substitute any new provisions, for any existing provisions, nor to give any decisions inconsistent with the terms and provisions ofthis agreement. 8.7 Each of the parties to this agreement will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expense of the Chairman. ARTICLE 9 UNION SECURITY 9.1 a) The Employer shall first call the Union office whenever personnel are required. If the Union cannot supply such personnel within forty-eight ( 48) hours, excluding Saturdays, Sundays and Holidays, the Employer may secure such personnel from any other source. The Employer may.recall former regular employees through the Union office who have been absent from the Employer up to six (6) months. b) Regular employees shall be defmed as employees who have been on the Employer's payroll for six ( 6) consecutive months or more. 9.2 All personnel hired shall be required to have a clearance card issued by the Union before they start to work, unless other arrangements are made with the Union dispatcher. Such clearance card will not be unreasonably withheld. 9.3 Employees working under this agreement shall be members of the Union in good standing, or make application to become members of the Union within seven (7) days of hiring or replaced upon written request by the Union. Page 6 of 12
ARTICLE 9- UNION SECURITY (cont'd) 9.4 a) The Employer agrees to engage only those sub-contractors and equipment rentals (except equipment dealers) who are in contractual relations with the Union to perform work set out in the classifications of this agreement, dredging, or as otherwise agreed to by the parties. b) Owner-Operators who perform work covered by this agreement shall be signatory to an agreement with the Union and shall also be: i) A member in good standing of the Union; and ii) In good standing on contributions under the Health Plan, Pension Plan, Training Fund and for Working Dues, as required by the agreement. 9.5 a) If the Union advises an Employer bound by this agreement that an owneroperator engaged by such Employer is in violation of this article, the Employer shall, within twenty-four (24) hours, replace such owner operator. As a condition of employment, the Employer shall require each employee to sign a form which authorizes the Employer to deduct regular monthly Union dues, working dues, initiation fees, advancement dues and annual assessments from the employee's pay in accordance with the terms of the prevailing construction agreement. The regular monthly Union dues shall be deducted from each employee on the first pay period of each month. The Union shall notify the Employer of the amounts and any changes thereto of the above-mentioned deductions. b) All dues, fees and assessments so deducted shall be remitted together with Pension and/or Benefit contributions set out in this agreement on or before the 15th day of the same month in which such deductions were made. The Employer shall, when making all remittances to the Union, identify employees by both name and social insurance number and indicate the amount deducted from each employee. ARTICLE 10- BUSINESS REPRESENTATIVES 10.1 The Business Representative of the Union or his representative shall be allowed access to any job where members of the Union are employed under the terms of this agreement after first obtaining permission of the Employer. Page 7 of 12
ARTICLE 11 -STEWARDS 11.1 It is agreed that for each project the Union may appoint one employee per Employer per shift to act as Steward and shall give the Employer notice, in writing, of such appointment and changes thereafter. 11.2 It will be the duty of the Steward to assist the Employer and the Union members in carrying out the provisions of this agreement, and he will be allowed reasonable time to perform such duties by the Employer's Representative on the job. 11.3 The Steward shall be retained until near as possible to the job completion provided he is qualified to perform the remaining work, otherwise the Union will be notified in time to appoint a successor. ARTICLE 12- APPRENTICES 12.1 Apprentices may be employed in accordance with the regulations established by the local joint apprenticeship council. ARTICLE 13 -FOREMAN 13.1 General Foremen and Foremen shall be members of the Union. The number of General Foremen and Foremen is the sole responsibility of the Employer. 13.2 Foreman's rate of pay will be $1.25 per hour over the Journeymen rate of pay. ARTICLE 14- HOURS OF WORK 14.1 Eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday to Friday inclusive, shall constitute a week's work. The regular starting time shall be eight (8) o'clock a.m. and the regular quitting time shall be four-thirty (4:30) o'clock p.m.; lunch time will be twelve (12:00) o'clock noon to twelve-thirty (12:30) p.m.; this may be staggered one-half (1/2) hour to accommodate emergencies. 14.2 There shall be a ten minute break at approximately 10:00 a.m. and a further ten minute break at approximately 2:30p.m. 14.3 By mutual agreement in writing between the Union and the Employer, the foregoing starting and quitting times may be changed to suit job requirements. Page 8 of 12
ARTICLE 14- HOURS OF WORK (cont'd) 14.4 When an employee is required to work in excess of the regular hours, Monday through Friday inclusive, he shall be paid overtime at the rate of time and one-half (1 \12x) the regular rate for the first two hours. All additional hours shall be paid at double (2x) the regular hourly rate. Where an employee is working on a maintenance job, where the majority of other Trades employed by the Employer are receiving all overtime at double time (2x) the regular hourly rate for the first two hours, this employee will be paid the greater amount. This will apply when the higher paying job is longer than one (1) week. 14.5 Work performed on Saturdays, Sundays and recognized holidays shall be paid at double (2x) the regular hourly rate. 14.6 After a man has worked his regular shift, and continues or is called back to work without an eight (8) hour break, then he will be paid overtime rates for all hours worked in excess of his regular shift until he has had eight (8) consecutive hours off. 14.7 Employees required to work more than two (2) hours overtime beyond the normal quitting time shall be supplied a hot meal after two (2) hours work and supplied a hot meal every four ( 4) hours worked thereafter at no cost or loss oftime to the employee. On call in, employees shall be provided a hot meal after a minimum of four ( 4) hours work and a hot meal every four ( 4) hours thereafter or equivalent. 14.8 Employees working Saturday, Sunday and Statutory Holidays will be docked one-half (\12) hour for their noon lunch break. ARTICLE 15- SIDFT WORK 15.I Shift work will be in accordance with the terms of the prevailing construction agreement. ARTICLE 16- WAGES 16.1 Employees working under the terms of this Agreement shall receive one dollar ($1.00) per hour below the base hourly rate established in the Provincial Collective Agreement Schedule "F". Where an employee is working on a maintenance job, where the majority of other trades employed by the employer are receiving more than the one dollar ($1.00) under base rate formula, this employee will be paid the greater amount. This will apply when the higher paying job is longer than one (1) week. ARTICLE 17 -PAYDAY 17.1 Employees shall be paid weekly, during working hours, not later than Thursday of each week. 17.2 Employees being terminated shall receive all monies owing at the time of layoff, excluding those laid off while working overtime, who shall receive their money on the next working day, and will receive an additional two (2) hours pay for picking up their cheques. Page 9 of12
ARTICLE 18 -MINIMUM PAY AND REPORT TIME 18.1 When an employee reports to work and cannot work because of inclement weather, he shall be paid two (2) hours reporting time but the employee must remain on the job for the two (2) hour period unless otherwise instructed by the Company Supervisor. 18.2 When an employee reports to work, he shall be paid a minimum offour (4) hours pay If he starts work in the second half of his shift, he will be paid a further four (4) hours pay. 18.3 When an employee stops work for reasons of his own, and without the approval of the Company, he shall be entitled to pay only for the hours actually worked in the day and minimum conditions shall not apply. 18.4 On days known as "Happy Fridays", the contractor shall notify the employee(s) prior to quitting time on their regular shift on Wednesday of the work week in which a Happy Friday occurs whether or not the employee shall be working on that Friday. Should a contractor advise his employee(s) prior to quitting time on their regular shift on Wednesday that Happy Friday is a non-work day and subsequently work them, such employees shall be paid at double time rate for all hours worked on that "Happy Friday". Should the Contractor advise his employee(s) that there is work on Friday and then tell them on Thursday that there is no work on Friday, work at a different location will be offered to employee(s) if available. Regular operators of equipment and/or crews shall not be replaced by other operators for the purpose of overtime unless the regular operator of crews voluntarily decline such work, in which case other regular operators or crews shall be given the first opportunity to perform such work. 18.5 All overtime hours worked under the terms of this agreement other than the two (2) hours continued work at the end of an employee's regular shift (Monday through Friday inclusive) shall be paid at the rate of double time (2x). 18.6 If in any given work week, excluding weeks containing holidays or inclement weather days, a minimum of thirty-two (32) hours work is not available then the employee shall be paid construction rates and conditions for that week. ARTICLE 19- RECOGNIZED HOLIDAYS New Year's Day Good Friday Victoria Day Family Day Dominion Day Labour Day Civic Holiday Thanksgiving Day Christmas Day Boxing Day When any of the above noted holidays falls on a Saturday or Sunday, such holiday shall be celebrated on the day or days celebrated by the Owner Client. Page 10 of 12
ARTICLE 20- VACATION AND STATUTORY HOLIDAY PAY 20.1 Vacation and Statutory Holiday pay shall be in accordance with rates and conditions established in the prevailing construction agreement. ARTICLE 21- PENSION AND WELFARE BENEFITS 21.1 Pension and Welfare benefits will be in accordance with the rates established in the prevailing construction agreement. ARTICLE 22- LABOUR RELATIONS FUND 22.1 Labour Relations Fund will be in accordance with the rates established in the prevailing construction agreement. ARTICLE 23- TRAINING FUND 23.1 Training Fund will be in accordance with the rates established in the prevailing construction agreement. ARTICLE 24- WASHROOM AND LUNCHROOM FACILITIES 24.1 When proper facilities are not already on the job, it shall be the Employer's responsibility to see that proper lunchrooms, washroom and toilet facilities are available. Toilets are to have running water and to be heated where services are available. ARTICLE 25-PROTECTIVE CLOTHING 25.1 Protective clothing will be in accordance with the prevailing construction agreement. ARTICLE 26- TRAVEL & ROOM AND BOARD 26.1 If employees are required to travel or work at an out-of-town maintenance job, the travel and room and board provisions will be in accordance with the prevailing construction agreement. ARTICLE 27- DURATION OF AGREEMENT 27.1 This agreement shall become effective on the 1st day of January 2014 and shall continue to remain in effect until the 31st day of December 2016 and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination or proposed revision of this agreement within one hundred and twenty (120) days before the 31st day of December 2016 in a like period in any year thereafter. Page 11 of 12
ARTICLE 27- DURATION OF AGREEMENT (cont'd) 27.2 Should a work stoppage occur in negotiating with local construction agreements, the employees working under the terms of this agreement, shall continue working and shall be paid the appropriately adjusted wage rate and benefits of the new construction agreement on a retroactive basis to the termination date of the old construction agreement. This adjustment to be made within ten (10) working days of the new agreement.,.- SIGNED THIS 9 DAY OF,J.&,.{} t1.& 5-J/", 2014 FOR THE EMPLOYER: FOR INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793: L o CJ VezzA Please Print Name and Title (Note: please complete date line above) 550 McGregor Side Road, Address p Sarnia Ontario N7T 7H5 City, Province, Postal Code Rick Kerr, Vice: President (519)344-8446/ (519)344-0790 Telephone and Fax Number(s) Secretary Jn~tng-Corresponding dicoccocontractors@sympatico.ca Email Address Recommended by: Robbie Hierons Business Representative Page 12 of 12