14:21 LABOURERS 1059 ~ 14163267367 N0.360 Gl004

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COLLECTIVE AGREEMENT FILE No. 3 ¥-rJ- e-o I~ l r----BE"fflEEM:---1

CERT. FlE , RICHVAL E YORK BLOCK INC. !------ ! CERT. D!I.TE I (Division of Lafarge Canada Inc.)

-- ---~~·-=·-~-.--1 I

TOTAL EMPS I ;

EFF. DATE 0 // j trrJ ~.iioS -- ·-·-·-- .. '

(the "Employer'')

EXP.DATE 3/-fi-LL -,jWD8i -and-

coDING coNTROL j oi1TEi cc;;,,~ABOURERS' IN Ll____ i NORTH A TERNATIONAL UNION OF

MERICA, LOCAL 1059 !DENT CODED ___ _j

(the "Union") RECEIVED-

T~ UNION I I EMPLOYER

OTHER ARTICLE I- INTENT ~NO PURPOSE

1.01 The Employer and the Union each agree that the purpose and intent of this Agreement is to promote co-operation and harmony, to recognize mutual interests, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules, to govern the relationship between the Union and the Employer, to promote efficiency and service. and to set forth herein the basic agreement covering rates of pay, hours of work, dispute procedure and conditions of employment

ARTICLE II - RECOGNITION

2.01 The Employer recognizes the Union as the exclusive bargaining agency for all employees of the Employer at London, Ontario, save and except foremen, persons above the rank of foreman, sales and office staff. and watchmen.

2.02 The Employer agrees not to enter into any agreement or contract with the employees in the bargaining unit individually or collectively which in any way conflicts with the terms and conditions of this Agreement

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ARTICLE 111 -UNION SECURITY

3.01 The Employer agrees that all present employees covered by this Agreement except new employees during their probationary period shall as a condition of employment become and remain members of the Union in good standing.

3.02 New employees shall make application for membership in the Union at the time of hiring and shall become and remain members of the Union in good standing as a condition of employment immediately after having worked twenty (20) days following the last date of hiring.

3.03 The Employer agrees to deduct union dues from each pay due each eligible employee in each month and initiation fee in two (2) equal installments, and to remit such monies deducted on or before the fifteenth (15th) day of the month directly to the Secretary-Treasurer of Local 1059, London, Ontario.

3.04 The Employer will at the time of making such remittance to the Union specify the employees from whose pay such deductions were made. The Secretary-Treasurer of the Union shall notify the Employer by letter of the amount of dues, and any subsequent changes thereof.

3.05 The Employer will not be required to dismiss or suspend employees from employment who have been expelled or suspended by the Union unless such expulsion or suspension by the Union was for just cause. Disputes will be subject to the Grievance Procedure and to arbitration. if necessary.

ARTICLE IV -MANAGEMENT RIGHTS

4.01 The management of the business and the direction of the working force including the right to plan, direct and control operations, hire, promote, suspend or discharge for proper cause, transfer or relieve employees from duty because of lack of work or for other legitimate reasons, the right to study or introduce new or improved production methods or facilities, and the right to establish and maintain rules and regulations covering the operation, a violation of which shall be among the causes for discharge, are vested in the Employer subject to the provisions of this Agreement.

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ARTICLE V- STEWARDS

5.01 The Union shall have the right to appoint or elect no more than two (2) stewards on the day shift and one (1) steward on the night shift to assist employees in presenting their grievance to the Employer and supervise the administration of this Agreement. The Union agrees that it will keep the Employer supplied with a list of the stewards and officers and any changes that occur.

It is understood and agreed that a steward's duties shall in no way conflict with his duties to the Employer and he shall be held responsible for the same quality and quantity of work as other employees.

ARTICLE VI -GRIEVANCE PROCEDURE

6.01 Any differences. disputes or complaints ans1ng over the interpretation, administration or application of this Agreement shall be submitted in writing in triplicate on forms supplied by the Union and signed by the employee. There shall be an earnest effort on the part of both parties to settle such grievance promptly through the following steps:

Step 1

By a conference between aggrieved employee and his immediate superior. The employee may be accompanied by his steward. The foreman shall give his decision within two (2) full working days. Failing settlement, then:

Step 2

Within five (5) full working days following the decision in Step 1, an official or officials of the Union shall meet with the representatives of the Employer at which time the written record of this grievance shall be presented. The decision shall be given in writing within five (5) full working days following the meeting.

6.02 Failing a settlement under Step 2 of any difference between the parties arising from the interpretation, administration or application or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided and if no written request for arbitration is received within ten (1 0) full working days after the decision in Step 2 is given, it shall be deemed to have been abandoned.

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6.03 No complaint or grievance may be submitted or considered under the Grievance Procedure unless it has been presented within five (5) full working days from the time of its occurrence.

6.04 Any complaint or grievance concerning or affecting a group of employees shall be originated under Step 2.

6.05 Any complaint or grievance arising directly between the Employer and the Union shall be originated under Step 2.

6.06 A claim by an employee that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with the Employer within seven (7) working days after the discharge is affected. Such grievance may be settled under the dispute procedure by:

a) confirming the Employer's action in dismissing the employee;

b) reinstating the employee with full compensation for time lost or any lesser arrangement which may be deemed just and equitable.

ARTICLE VII- ARBITRATION

7.01 When either party request that a dispute be submitted to arbitration as herein provided, it shall notify the other party in writing and al the same time nominate the arbitrator. Within five (5) full working days thereafter the other party shall nominate an arbitrator. The two (2) arbitrators so nominated shall attempt to select by agreement a Chairman of the Arbitration Board. If they are unable to agree upon a Chairman within a period of three (3) full working days following the date of their appointment, they will then request the Minister of Labour for the Province of Ontario to appoint a Chairman.

7.02 No person may be appointed as arbitrator who has been involved in an attempt o negotiate or settle the grievance.

7.03 No matter may be submitted to arbitration which has not been properly carried through the proper steps of the Grievance Procedure.

7.04 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement nor to alter, modify or amend any part of this Agreement.

7.05 The proceedings of the Arbitration Board shall be expedited by the parties

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hereto and the decision of the majority is a decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs and shall be binding upon the parties hereto.

7.06 Each of the parties hereto will bear the expenses of the Arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board.

ARTICLE VIII -NO STRIKE, NO LOCKOUT

8.01 During the term of this Agreement, the Union agrees that there shall be "no strike" and the Employer agrees that there shall be "no lockout".

8.02 The words "strike" and 'lockout" in this Agreement shall mean "strike" and "lockout" as defined in the Ontario Labour Relations Act

ARTICLE IX- HOURS OF WORK AND OVERTIME

9.01 The normal work week shall consist of four (4) days of nine and one-half (9 %) hours per day, Monday through Thursday, and eight and one-half (8 Yz) hours on Friday, with thirty (30) minutes off for lunch without pay. This defines the normal hours of work and shall not be construed as a guarantee of hours of work per day or per week.

9.02 Time and one-half (1 Y,) the regular hourly rate shall be paid for ariy work performed in excess of nine (9) hours per day Monday through Thursday, and in excess of eight (8) hours on a Friday, and for any work performed on Saturday before 12:30 p.m. During such periods as the regularly scheduled shift is eight (8) hours, time and one-half (1 Yz) the regular hourly rate will be paid for all hours worked in excess of such eight (8) hours.

9.03 Double time will be paid for all hours worked on a Saturday in excess of four and one-half (4 %) hours, or after 12:30 p.m. and for all hours worked

on a Sunday.

9.04 A shift premium of twenty-two cents ($0.22) per hour shall be added to the payment of hours worked by an employee assigned to any shift commenced after 12:00 noon.

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ARTICLE X - OTHER WORK

10.01

10.02

10.03

When an employee's usual work is temporarily not available, he may be required to perform any work which the Employer has for him with the understanding however that when such an employee is assigned to a job with a lesser rate of pay, his regular rate of pay will be continued for a period up to five (5) days, after which he shall receive the rate of pay for the classification in which he is then working. This arrangement does not apply to those instances where the employee is assigned to other work because he has not been satisfactorily performing his regular work or where he is regularly assigned to a lower rated job because of lack of work

in his regular job in order to avoid a layoff. In these latter cases, the rate

of pay shall be the rate of pay for the jobs to which he is assigned.

Except as set out in 10.03 below, when an employee is assigned to a higher classification for the purpose of training and developing skills within that classification, he shall remain at his normal rate for a period of not longer than thirty (30) days worked, after which he may be reverted to his

original classification.

When an employee is placed in the classification of either pipe machine

operator or mixer operator, he shall, after having worked thirty (30) days in the new classification, receive an increase equal to one-half (Yz) the difference between his nonmal rate and the rate for the classification in which he is working. After completing a total of sixty (60) days worked in the new classification, he shall receive the full rate for work performed in that classification.

ARTICLE XI - JOB POSTING

11.01 Where a job vacancy occurs above the rank of a general labourer, the

Employer will post a notice of the vacancy. An employee may, within five (5) working days, make application in writing for the posted job on the form

provided by the Employer. The Employer will consider the application with respect to the skill, ability and qualifications of the employee, and in the

event that more than one employee has the necessary requirements, the

employee with more seniority will be awarded the job. During the next

thirty (30) working days, the employee shall be on trial in his new classification and the Employer shall return him to his former position if he is found unsatisfactory during the trial period.

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ARTICLE XII -SENIORITY

12.01

12.02

12.03

12.04

12.05

New employees will serve a probationary period of thirty (30) days worked before acquiring seniority rights. The seniority will then date back to the starting date with the Employer.

When it is necessary to layoff or rehire employees who have been laid off, the employees to be laid off or rehired shall be selected on the basis of seniority combined with qualffications and ability. As between two (2) employees whose qualifications and ability are equal, seniority shall govern the selection and for this purpose seniority records shall b.e maintained by the Employer and shall be open for inspection by the duly accredited representative of the Union. For the purpose of layoff only, Union stewards shall have top seniority. Seniority lists will be supplied to the Union on January 15th and June 15'h of each year of this Agreement.

Seniority will not be broken due to absence from employment because of sickness or accident.

Employees may be granted leave of absence without loss of seniority to attend Labour Conventions or to serve in any capacity on official Union business or for legitimate personal reasons. Such requests for leave of absence shall be in writing to the Employer with a copy forwarded to the Union. The granting of leaves of absence shall rest on mutual consent between the Employer and the Union. During leaves of absence, the employee concerned shall be responsible for the payment of all pension premiums, welfare plan premiums, and Ontario Hospital Insurance Plan premiums normally paid by the Employer and which occur during his absence. By mutual agreement between the Union and the Employer, exceptions may be made to this provision.

An employee shall lose his seniority if he:

a) Voluntarily quits the employ of the Employer;

b) Is discharged and not reinstated through the Grievance Procedure;

c) Is laid off and not re-employed within twelve ( 12) months from the date of layoff;

d) Fails to signify intention to return to work after a layoff within three (3) working days or fails to return to work within eight (8) working days after he has been notified by the Employer by registered mail.

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12.06

12.07

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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 the eight (8) days of notification to do so,

Notice sent by the Employer to the employee's last recorded address shall be sufficient and effective notice.

ARTICLE XIII- VACATIONS

13.01

13.02

13.03

13.04

13.05

13 06

13.07

13.08

13.09

An employee with less than one (1) year of continuous service shall be paid vacation pay equal to four percent (4%) of his total earnings.

An employee who has completed one (1) year of continuous service shall receive a vacation of two (2) weeks and vacation pay at the rate of four percent (4%) of his total earnings.

An employee who has completed five (5) years of continuous service shall receive a vacation of three (3) weeks and vacation pay at the rate of six percent (6%) of his total earnings, for service in excess offive (5) years.

An employee who has completed eleven (11) years of continuous service shall receive a vacation of three (3) weeks and vacation pay at the rate of nine percent (9%) of his total earnings, for service in excess of eleven (11) years.

An employee who has completed twenty (20) years of continuous service shall receive a vacation of four (4) weeks and vacation pay at the rate of ten percent (10%) of his total earnings for service in excess of twenty (20) years.

Vacation pay will be calculated on total earnings for the twelve (12) month period ending June 301

h

Those eligible for vacation may or may not, at the discretion of the Employer, have the third and/or fourth weeks of vacation consecutive to the first two (2) weeks.

The employee must be in the service of the Employer for a continuous period of one (1) year before any vacation time off is taken.

Each employee entitled to vacation time off shall select within a

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reasonable time following notification by the Employer his vacation according to his seniority, except that employees with school age children shall be given preference for the school vacation periods of Christmas,

Easter, July and August The exercise of such preference shall be in

accordance with seniority among those employees to whom it applies. The choice of vacation periods shall be made before April 1st of each year.

13.10 Vacation credits shall be paid immediately prior to the employee going on vacation, or on the first pay period in July at the option of the employee_

13.11 If an employee's employment is terminated for any reason whatsoever, he will be paid his accumulated vacation credits calculated from the previous July 151

.

13.12 If a paid holiday falls within the vacation period of an employee, he shall

be granted an extra day with pay or a day's pay in lieu thereof. The option shall rest with the Employer and the employee shall be advised of the

decision before going on vacation_

13.13 Continuous service shall be computed in the same manner as seniority.

ARTICLE XIV- RATES OF PAY

14.01 The Employer agrees to pay, the Union agrees to accept, for the term of

this Agreement the following minimum wage rates:

CLASSH=ICATION MAY 02/05 AUG 01/05 AUG 01/06 AUG 01107

Mechanic $16.50 $16.90 $17.30 $17.75

Mechanic's Helper $16.50 $16.90 $17.30 $17.75

Machine Operator $16.50 $16.90 $17.30 $17.75 (Pipe, Cage)

( Interlocking Stone)

Mixer Operator $16.50 $16.90 $17.30 $17.75

Mesh Machine Operator $16.50 $16.90 $17.30 $17.75

Mesh Welder $16.50 $16.90 $17.30 $17.75

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Fork Lift OQerator ''A" (14,000 lbs. & over) $16.50 $16.90 $17.30 $17.75

B" (under 14,000 lbs} $16.50 $16.90 $17.30 $17.75

Truck Driver $16.50 $16.90 $17.30 $17.75

Junction Man $16.50 $16.90 $17.30 $17.75

Pipe Finisher $16.50 $16.90 $17.30 $17.75

Stripper $16.50 $16.90 $17.30 $17.75

Load Man $16.50 $16.90 $17.30 $17.75

General Labourer $16.50 $16.90 $17.30 $17.75

14.02 Inexperienced new employees may be paid ten cents ($0.10) per hour less

than the above rates during the probationary period.

14.03 lead han'ds shall receive twenty-five cents ($0.25) per hour above the top hourly rate of employees working under them.

14.04 When new types of equipment or new classifications of employment for

which rates of pay are not established by this Agreement are put into operation, the rates governing such operations shall be subject to

negotiations between the parties and, if such negotiations do not result in

agreement the dispute will settled as if it were a grievance arising under

the provisions of the Agreement.

ARTICLE XV ·WORKING CONDlTIONS

15.01 Employees shall report immediately to the Employer any and all loss,

damage or shortage of merchandise or equipment with a statement of the

cause thereof.

15.02 Employees shall report immediately in complete detail all accidents

including the names and addresses of all witnesses to the accident.

15.03 Employees shall report promptly to the Employer all defects in equipment.

15.04 No employee shall be compelled to operate equipment which, in the opinion of the Employer's master mechanic or the deputy named by the

Employer, is not in good mechanical condition.

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15.05

1506

15.07

15.08

15.09

15.10

15.11

15.12

15.13

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No employee shall be permitted to allow any one other than employees of

the Employer or persons authorized by the Employer who are on duty to

ride on his truck.

Upon request made to the Employer of his designated representative, an

accredited Union official will be granted access to the Employer's premises

for the purpose of satisfying himself that the terms of this Agreement are

being complied with.

The Employer will provide bulletin boards in mutually satisfactory locations

in the plant for the use of the Union in posting notices of Union activities.

Foremen will not be permitted to do the work of Union members except in

cases of necessity or emergency.

The Employer will provide ventilation in all parts of the plant.

The Employer agrees to provide adequate lunchrooms, toilet facilities and

lockers for the employees.

The Employer agrees to grant two (2) ten minute break periods without

loss of pay, one in the first half and one in the second half of each shift

between the second and fourth hours of each half of the shift.

The wearing of safety shoes, safety hats and safety goggles as directed

by the Employer shall be a condition of employment.

The Employer agrees to pay an amount not to exceed the sum of one

hundred dollars ($100.00) to each employee per year with over one (1)

year seniority towards the cost of one (1) pair of safety shoes. Safety

goggles and safety hats will be supplied by the Employer.

ARTICLE XVI - UNION CO-OPERATION

16.01 The Union agrees to uphold all reasonable rules and regulations

established by the Employer and not conflicting with this Agreement.

16.02 The Union agrees to co-operate with the Employer in maintaining and

improving safe working conditions and practices, in improving the

cleanliness and good housekeeping of the premises, machinery and

equipment, and in upholding the laws in reference to driving.

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16.03

16.04

LABOURERS 1059 ~ 14163267367 N0.360 Gl015

The Union recognizes the need for improved methods and output in the

interests of the employees and the business, and agrees to co-operate

with the Employer in the installation of such methods in suggesting

improved methods, and in the education of its members in the necessity of

such changes and improvements.

The Union recognizes the need for conservations and the elimination of

waste and agrees to co-operate with the Employer in suggesting and

practicing methods in the interest of conservation and waste elimination.

ARTICLE XVII- WELFARE PLAN

17.01 The Employer agrees to pay one hundred percent (1 00%) ofthe

employee's Group Insurance Pian which includes the following:

a) Group Life Insurance thirty thousand dollars ($30,000.00), effective

Aug. 01/05-thirty-five thousand dollars ($35,000.00).

b) Accidental Death and Dismemberment thirty thousand dollars ($30,000.00), effective Aug. 01/05-thirty-five thousand dollars ($35,000.00)

c) Weekly Indemnity of maximum of E.L per week on a 1/4/26 basis_

All rebates accrue to Employer to provide benefits.

d) Prescribed eye glasses to a maximum of one hundred fifty dollars

($150.00) in two years (no deductible)

e) A Major Medical Plan to include:

Prescribed drugs, meaning drugs that can only be purchased by prescription_

Ambulance service

Hospital room supplement (difference between semi-private

room and standard ward coverage.)

This plan will have a twenty dollars ($20.00) single and forty dollars

($40.00) family deductible in each calendar year.

f) Dental Plan equivalent to Blue Cross #7, Rider #2, no co-insurance_

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1998 O.DA Schedule of Fees. Effective Aug 01/05 O.DA Schedule will have a two year lag

ARTICLE XVIII - REPORTING ALLOWANCE

18.01 Any employee who reports to work at the regular time and who was not provided with at least four (4) hours work will be paid for at least four (4) hours. This does not apply if the employee has been notified not to come into work at least one (1) hour before his starting time.

ARTICLE XIX- CALL BACK ALLOWANCE

19.01 Any employee who is called back to work after having left the company premises shall be given a minimum of two (2) hours work or two (2) hours pay at his appropriate rate.

ARTICLE XX- PAID HOLIDAYS

20.01 The following holidays (regardless of when they fall) shall be granted with pay to all employees who have completed their probationary period:

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday

Labour Day Thanksgiving Day December 241h

Christmas Boxing Day

The basis of payment will be in accordance with the regularly scheduled daily hours at the time of the holidays and at the prevailing straight time rate and, if any of these holiday are worked, they shall be paid for at one and one-half (1 Y,) times the regular rate for such hours worked in addition to the holiday pay. An employee will forfeit pay for any of the above holidays if he is absent from his last scheduled shift before the holiday or his first scheduled shift after the holiday without permission from Employer.

ARTICLE XXI- BEREAVEMENT PAY

21.01 In the event of death of a member of an employee's family, the employee will be granted a leave of absence and will be reimbursed for time necessarily lost from work up to a maximum of three (3) days. This

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allowance will only be made where the circumstances require the employee's absence from work to make arrangements for and/or attend the funeral. The term "a member of the employee's family" means husband, spouse, child, mother, father, brother, sister, mother-in-law and father-in-law.

ARTICLE XXII - PENSION FUND

22.01 The Employer agrees to contribute the sum of one dollar ($1.00) per hour to the Labourers' Pension Fund of Central and Eastern Canada for each hour worked by the employees of the Employer covered by this Agreement.

22.02

22.03

Such contribution shall be paid to the Trustees of the Pension Fund on or before the 151

h day of the month following the month such hours were worked, and shall be accompanied by a remittance report form for each employee on a form prescribed by the Trustees of the Fund. Each monthly report and contribution shall include all obligations arising from hours worked up to the close of the Employer's payroll ending nearest to the last day of the preceding calendar month. The Union acknowledges that the said Pension Fund shall be jointly trusteed on or before the expiry of this Agreement.

An employee may direct the Employer (with sixty (60) days written notice) to pay the amount set out in Article 22.01 to the Employer's Pension Plan. ·such monies, with confirmation to the employee, shall be paid on or before the 151

h day of the month following the month such hours were worked.

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ARTICLE XXIII - DURATION OF AGREEMENT

23.01

23.02

2303

The terms of this Agreement shall be effective from January 01, 2005 until

the 31" day of July 2008, and shall continue automatically thereafter for

annual periods of one (1) year each unless either party notifies the other in

writing within the period ninety (90) days immediately prior to the

expiration date that it desires to amend the Agreement.

Negotiations shall begin within fifteen (15) days following notification for

amendment as provided in the preceding paragraph.

If pursuant to such negotiations an Agreement is not reached on the

renewal or amendment of this Agreement, or the making of a new

Agreement prior to the current expiry date, this Agreement shall continue

in full force and effect until a new Agreement is signed between the parties

or until conciliation proceedings prescribed under the Ontario Labour

Relations Act, and any amendment which may subsequently be made to

this Act have been completed, whichever date should first occur.

of , 2005.

IN WITNESS WHEREOF each of the parties hereto has caused this

""'pf;l"" be'''""" by its doly ""'""'''rep""""""'· th•JL!l•Y

ON BEHALF OF THE EMPLOYER: ON BEHALF OF THE UNION:

m l'tfU<. Gvz'"' orf Print name

!11"'>(,'11Jt&?., l.">fJO<Jfl.. fl.&.Hr1wJj

).."' I'>9<UJ. L C """ "'DJ! 11'1 t. .

,Col\eetive Agrecme.-.!\Rich.,ala Yolk Block, Lomlon.da~

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