cec services 123111 - ontario of buildings... · period: january 1, 2009 to december 31, 2011...
TRANSCRIPT
COLLECTIVE AGREEMENT
BETWEEN
C.E.C. SERVICES LTD. AND
CONSTRUCTION WORKERS LOCAL 52
AFFILIATED WITH THE
CHRISTIAN LABOUR ASSOCIATION OF CANADA
Period: January 1, 2009 to December 31, 2011
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COLLECTIVE AGREEMENT
BETWEEN
C.E.C. SERVICES LTD. AND
CONSTRUCTION WORKERS LOCAL 52
AFFILIATED WITH THE
CHRISTIAN LABOUR ASSOCIATION OF CANADA
TABLE OF CONTENTS Title Article No. Page No. Arbitration......................................................22 ................... 19 Bereavement Pay and Leaves of Absence ...18 ................... 15 Benefits .........................................................20 ................... 16 Checkoff and Union Membership...................7 ..................... 7 Classifications and Hourly Rates .......... Schedule A ............ 22 Duration.........................................................23 ................... 21 Education and Assistance Fund....................16 ................... 14 Employment Policy.........................................6 ..................... 6 Grievance Procedure ....................................21 ................... 17 Step 1......................................................... ..................... 18 Step 2......................................................... ..................... 19 Holidays ........................................................11 ................... 10 Hours of Work and Overtime..........................9 ..................... 9 Industry Fund ................................................19 ................... 16 Layoffs...........................................................12 ................... 10 Letter of Understanding..................................1 .................... 24 Management’s Rights ....................................3 ..................... 2 Paid Holidays ................................................11 ................... 12 Pension .........................................................17 ................... 14 Purpose..........................................................1 ..................... 1 Recognition ....................................................2 ..................... 2 Rest Periods..................................................15 ................... 13 Safety/Danger Pay/Clothing Allowance ........14 ................... 12 Strike or Lockouts ..........................................5 ..................... 6 Transportation, Travel Time and Room and Board ........................................13 ................... 12 Union Representation ....................................4 ..................... 4 Vacation and Vacation Pay ...........................10 .................... 9 Wages and Rates of Pay ...............................8 ..................... 8
�COLLECTIVE AGREEMENT
Between
C.E.C. Services Limited
hereinafter referred to as “the Employer”
and
CONSTRUCTION WORKERS LOCAL 52 affiliated with the
CHRISTIAN LABOUR ASSOCIATION OF CANADA hereinafter referred to as “the Union”
Period: January 1, 2009 – December 31, 2011 ARTICLE 1 - PURPOSE 1.01 The general purpose of this agreement is to establish
mutually satisfactory relations between the Employer, the Union and the employees and to provide the machinery for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of this agreement.
ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the exclusive
bargaining agent for:
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a) All electricians, and electricians’ apprentices, in the employ of the employer in all sectors of the construction industry in the Province of Ontario, save and except non-working foremen and persons above the rank of non-working foremen.
2.02 There shall be no revision, amendment or alteration of
the bargaining unit as defined herein, or of any of the terms and provisions of this agreement, except by mutual agreement in writing of the parties. Without limiting the generality of the foregoing, no classification, work or jobs may be removed from the bargaining unit except by mutual agreement in writing of the parties.
ARTICLE 3 - MANAGEMENT’S RIGHTS 3.01 The Employer’s rights include but are not limited to the
following:
a) The right to maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause, provided however that probationary employees may be terminated without regard to cause within the probationary period and such probationary employees will not be entitled to have the benefit of the grievance procedure set out herein.
b) The right to select, hire and direct the workforce
and employees; to transfer, assign, promote, demote, classify, layoff, recall and suspend
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employees; to select and retain employees for positions excluded from the bargaining unit; provided such actions are consistent with the further terms of this agreement.
c) The right to operate and manage the Employer’s
business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of employees needed by the Employer at any time and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer, without interference.
3.02 The sole and exclusive jurisdiction over operations,
building, machinery, and equipment shall be vested in the Employer.
3.03 The Employer may subcontract out work where:
a) he does not possess the necessary facilities or equipment
b) he does not have and/or cannot acquire the
required manpower
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c) he cannot perform the work in a manner that is competitive in terms of cost, quality and within projected time limits;
Work normally performed by members of the bargaining unit will not be subcontracted out if employees qualified to do the work are on layoff, or if employees qualified to do the work must be laid off, transferred, demoted or discharged as the result of the subcontracting out of work.
ARTICLE 4 - UNION REPRESENTATION 4.01 For the purpose of representation with the Employer,
the Union shall function and be recognized as follows:
a) The Union may appoint Stewards. Stewards are representatives of the employees for the purposes of processing grievances.
b) Union Representatives are representatives of the
employees in all matters pertaining to this agreement, particularly for the purpose of processing grievances, negotiating amendments to and renewals of this agreement and enforcing the employees' collective bargaining rights as well as any rights under this agreement and under the law.
4.02 The Union agrees to notify the Employer in writing of
the names of its Stewards and such appointment shall not be effective and the Employer is not required to
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recognize the Stewards until such time as the Employer has received the notice in writing.
4.03 Stewards will not absent themselves from their work to
deal with grievances without first obtaining permission from the Employer. Permission will not be withheld unreasonably and the Employer will pay such Stewards at their regular hourly rates while attending to such matters.
4.04 The Employer may meet periodically with the
employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A Union Representative may attend such meetings.
4.05 There shall be no Union activity during working hours,
on any Employer's premises, except that which is necessary for the processing of grievances and the administration and enforcement of this agreement.
4.06 Union Representatives shall have the right to
periodically visit job sites without disrupting productivity, provided the Union Representative shall first identify himself to the job foreman or supervisor and receive permission from the said foreman or supervisor to conduct his visit.
4.07 The Union recognizes the responsibilities imposed
upon it as the exclusive bargaining agent of the Unit and realizes that, in order to provide maximum opportunities for continuing employment, good working conditions and better than average wages, the Employer must be in a strong market position, which
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means that it must produce at the lowest possible costs consistent with fair labour standards. The Union, through its bargaining position, assumes a joint responsibility in the attainment of these goals. The Union, therefore, agrees that it will cooperate with the Employer and support its efforts to assure a full day's work on the part of its members. It further agrees that it will support the Employer in its efforts to eliminate waste in production, conserve materials and supplies, improve the quality of workmanship, prevent accidents and strengthen goodwill between the Employer, the employee, the customer and the public.
ARTICLE 5 - NO STRIKES OR LOCKOUTS 5.01 There should be no strike as defined by the Labour
Relations Act by the Union and no lockout as defined by the Labour Relations Act by the Employer, during the term of this Agreement or during any period of negotiations intended to result in a further agreement.
ARTICLE 6 - EMPLOYMENT POLICY 6.01 The Union and the Employer will cooperate in
maintaining a desirable and competent labour force. The Employer will notify the Union of manpower requirements giving as much prior notice as possible. The union will provide a list of manpower available. The Employer at its discretion may hire employees so listed or from other sources.
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6.02 To assist in the efficient placement of appropriately skilled members with the Employer, it is agreed that the Employer will inform the Union Office of members who are laid off and when new employees are hired where no union members are available. Laid off members are also required to notify the Union of their status.
6.03 A probation period of three months from date of hire
shall be implemented as follows:
Rates per Collective Agreement. a) Vacation Pay of 10% as per Collective Agreement
remitted to union.
b) Regular union dues and fees remitted immediately.
c) A student who becomes a full time employee shall
have the three-month probationary period.
d) During the probationary period, the probationary employee shall not have access to the grievance and arbitration procedure.
ARTICLE 7 - CHECK OFF AND UNION MEMBERSHIP 7.01 The Employer shall deduct from the pay of all
employees covered by this agreement, on the pay day of each week an amount of money equal to Union dues and shall remit the same monthly, not later than the fifteenth of the following month to the Union office, using a separate cheque marked “Union Dues.”
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7.02 Employees who because of conscientious objection, as determined by the Union’s internal guidelines, cannot support the Union may apply to the Union in writing.
7.03 Any employee covered by this agreement may become
a member of the Union if he wishes to do so and may refrain from becoming a member if he so desires.
ARTICLE 8 - WAGES AND RATES OF PAY 8.01 a) Wage schedules applicable to various job
classifications are as set forth on Schedule “A” attached hereto and made part hereof. The wages shall apply to all work performed by the Employer.
b) Pay will be provided by cheque or automatic bank
deposit to the financial institution of the employee’s choice, no later than by the end of the workday on Fridays. Where a statutory holiday falls on a Friday, pay will be made available on the banking day prior to the holiday. Employees shall be paid weekly.
8.02 When the weather or circumstances beyond the
Employer's control does not permit employees to start work at the regular starting time and the superintendent decides to send the men home, any employee who has reported for work will be compensated two (2) hours of his regular pay, unless he was notified beforehand by the Employer not to report for work. Further, provided that if the Employer has alternate work to perform he will do so.
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ARTICLE 9 - HOURS OF WORK AND OVERTIME 9.01 A regular workweek shall consist of forty-four (44)
hours, comprised of five (5) regular workdays, Monday to Friday inclusive.
9.02 Any hours in excess of forty-four (44) hours in a work
week, shall be paid at the rate of one and one-half (1½) times the regular rate of pay.
9.03 No employee shall be compelled to work on a Sunday
or any other day of the week if such work conflicts with the established religious convictions of the employee.
ARTICLE 10 - VACATION AND VACATION PAY 10.01 All employees who are covered under this agreement
shall receive as vacation pay and in lieu of statutory holiday pay the amount equal to ten percent (10%) of the employee's total earnings exclusive of the Employer's contribution to the Benefit Plan (policy number 560430). Income tax shall be deducted weekly from the employee's earnings increased by the amount of vacation pay.
10.02 The Employer agrees to remit the Vacation Pay of each employee as agreed upon in of this agreement and in accordance with the regulation set by the Employment Standards Branch, Ministry of Labour, monthly, but not later than the fifteenth of the following month to the Union using a separate cheque marked "Vacation Pay", accompanied by a list on which all deductions and
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contributions as mentioned in Articles 7, 16 and Schedule "A" are recorded.
10.03 In accordance with the agreement with the Employment
Standards Branch, Ministry of Labour, the Board of Trustees of the Union's Vacation Pay Trust Fund, is obligated to take any steps which may be available to them either in law or in equity or in bankruptcy as may be necessary or desirable to effect collection when the Employer is delinquent. All costs incurred in the collection of said payment will be charged to the defaulting Employer.
ARTICLE 11 - HOLIDAYS 11.01 Christmas Day, Boxing Day, New Year's Day, Family
Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day and Thanksgiving Day shall not be regular working days. All work performed on such days shall be overtime and paid for at the rate of one and one-half (1½) times the regular hourly rate.
ARTICLE 12 - LAYOFFS 12.01 In case of layoffs, the Employer shall be guided by the
following considerations (not necessarily in this order): a) The efficiency level of the employee; b) The productivity of the employee;
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c) The ability of the employee; d) Length of service of the employee. 12.02 In the event an employee must be laid off, the
employee shall be informed of the layoff at the end of the day on which notice is given. The Employer shall provide laid off employees with a Record of Employment for E.I. purposes as soon as possible. Whenever the Employment Insurance, Record of Employment is not given to the employees at the time of termination, they shall be sent by his Employer to the employee by registered mail to his last known address within five days from the time of termination.
12.03 Any appeal in regard to a layoff must be taken up under
the first step of the Grievance Procedure hereinafter set forth within five (5) working days after the layoff took place.
12.04 Any employee laid off and recalled for work must return
within two (2) working days when unemployed and within seven (7) working days when employed elsewhere, after being recalled, or make definite arrangements with the Employer.
12.05 The Employer agrees to notify the stewards, at the site
affected, of the names of employees laid off within the pay period of the date during which the layoff occurred.
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ARTICLE 13 - TRANSPORTATION, TRAVEL TIME AND ROOM AND BOARD 13.01 a) ��������������������������� ����������������������
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b) When the Employer requires an Employee to work
on a project that is outside of the travel free zone outlined in Article 13.01, and the job is at least 50 kilometers from the employees' principal residence as well as 50 kilometers from the Employer’s place of business operations, the Employer and the Union shall meet to determine specific issues, such as daily travel pay, travel allowances, provisions for accommodations, etc.
c) If an employee has any concerns regarding the
arrangements that are being provided for a particular job, they shall speak to their foreman or their Employer.
ARTICLE 14 - SAFETY/CLOTHING ALLOWANCE 14.01 The Employer shall provide working conditions at all
times which are not prejudicial to the health or efficiency of the workers.
14.02 The Employer agrees to cooperate with the Union when
safety and related courses are made available to the members employed with the Employer.
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14.03 The Employer agrees to pay each employee who has
completed one or more years of service bi-annual clothing and protective equipment allowance equal to two hundred and sixty dollars ($260.00). This payment will be made on the first payday after April 1 and October 1 of each year. The employee is responsible to have protective clothing necessary to work on the jobsite. Failure to do so may result in discipline. Where an employee has been on sick leave, accident leave or an authorized leave of absence in the previous 6 month period, the employee will have their allowance prorated based on days worked since the last payout.
The following is a list of equipment that each employee must have. 1. Hard Hat 2. Safety Boots 3. Safety Glasses 4. Fall Arrest Harness 5. Work Gloves 6. Hearing Protection
14.04 The Employer will furnish employees with specialized
safety equipment if and when required. ARTICLE 15 - REST PERIODS 15.01 An unpaid break period of at least one-half (½) hour
shall be provided for lunch.
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15.02 Paid coffee breaks in mid-morning and mid-afternoon of fifteen (15) minutes shall be granted by the Employer.
ARTICLE 16 - EDUCATION AND ASSISTANCE FUND 16.01 The Employer shall contribute to the Education Fund
the sum of fifteen cents ($0.15) per hour for each hour worked by each employee covered by this Agreement, and shall remit such contributions to the Union's Administrator.
16.02 The Education and Assistance Fund shall be used by
the Union to educate and instruct members in the competent practice of their trade, in matters relating to Health and Safety, to instruct specific members in labour relations, and to keep employees in compliance with any new legislation requiring training.
16.03 The Employer and the Union agree that a Training
Committee shall be formed for the purpose of discussing matters of mutual interest or concern regarding the educational needs of the Employees and ensuring compliance with current legislation.
ARTICLE 17 - PENSION 17.01 The Employer agrees to make a voluntary Registered
Pension Plan (policy Number 61871) available to all employees after the completion of one year of employment with the company, subject to the following conditions:
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Years of Service Employee Contribution
Employer Contribution
1 yr 3% 3% 3 yrs 5% 5% Foreman 5% 5%
17.02 Employees may elect to make voluntary pension
contributions via payroll deduction. Such arrangements must be made via the company.
ARTICLE 18 – BEREAVEMENT PAY AND LEAVES OF ABSENCE 18.01 The Employer shall pay an employee up to five (5)
day’s pay at the employee’s straight time hourly rate for all regular time lost in the event of the death of the employee’s wife, husband, mother, father, brother, sister, son or daughter. The Employer shall pay an employee up to two (2) day’s pay at the employee’s straight time hourly rate for all regular time lost in the event of the death of the employee’s, grandparent, mother-in-law, father-in-law, or grandchild, sister-in-law, brother-in-law, son-in-law and daughter-in-law. Payment shall be made only to the extent of time lost while making arrangements for and/or attending the funeral and shall be based on an eight (8) hour day.�
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ARTICLE 19 – INDUSTRY FUND 19.01 The employer shall contribute to the union’s industry
fund fifteen ($0.15) cents per hour, for each hour worked by each employee covered by this agreement, and shall remit such contributions to the Union by the 15th of the month following the month in which the contribution is made. It shall be sent to the local union’s regional office along with the remittance for union dues as set out in Article 7.01.
19.02 The industry fund is used to promote the CLAC model
of open shop unionized construction representation. This is affected by industry development, focusing on owners and purchasers of construction services, advocating at municipal and provincial government, representing open shop union principles at industry conferences and events, and advising the union leaders, including staff and stewards of opportunities and means to promote the CLAC model. The fund is used as determined by the union to strengthen the position of the union, its members and contractors.
19.03 The industry fund is not used to fund a grievance or any
legal proceeding against any contractor signatory to CLAC or an affiliated local.
ARTICLE 20 - BENEFITS 20.01 The Employer agrees to pay one hundred percent
(100%) of the premium cost of a group insurance plan for all employees who have completed their probationary period. The group plan shall provide:
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a) Life Insurance: twenty-five thousand ($25,000.00)
dollars; b) Accidental Death and Dismemberment: twenty-five
thousand ($25,000.00) dollars; c) Spousal Life Insurance: ten thousand ($10,000.00)
dollars; d) Extended Health Care Plan with semi-private
hospitalization coverage, a drug plan with five ($5.00) dollar dispensing fee cap and one hundred (100%) percent reimbursement, a vision care plan paying a maximum of two hundred ($200.00) dollars per individual in any 24 month period, and paramedical expense coverage of five hundred ($500.00) dollars per year, per practitioner.
e) Dental Care Benefit: Basic, Endodontic, and
Periodontic services with no deductible and one hundered percent (100%) reimbursement upto a maximum benefit of one thousand five hundered dollars ($1500.00) per individual.
ARTICLE 21 - GRIEVANCE PROCEDURE 21.01 The parties to this agreement recognize the Stewards
and the CLAC Representative specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof.
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21.02 The Employer or the Union shall not be required to
consider or process any grievance which arose out of any action or condition more than five (5) workdays after the subject of such grievance occurred.
21.03 A “Group Grievance” is defined as a single grievance,
signed by a Steward or a CLAC Representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the Grievance Procedure commencing with Step 1. The grievors hall be listed on the grievance form.
21.04 A “Policy Grievance” is defined as one which involves a
question relating to the interpretation, application or administration of this agreement. A Policy Grievance may be submitted by either party to arbitration under Article 19, by-passing Steps 1 and 2. Such Policy Grievance shall be signed by a Steward or a CLAC Representative, or in the case of an Employer's Policy Grievance, by such Employer or his representative.
21.05 Step 1
Any employee having a grievance will, accompanied by a Steward or CLAC Representative, submit the same to his immediate supervisor within five (5) workdays of the act or condition causing the grievance. This supervisor will deal with the grievance not later than the third workday following the day upon which the grievance is submitted and will notify the grievor and the Union Representative of his decision in writing.
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Step 2
If the grievance is not settled under Step 1, a Union Representative may within five (5) workdays of the decision under Step 1, or within five (5) workdays of the day this decision should have been made, submit a written grievance to that Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. Such Employer shall notify the grievor and the Union Representative of his decision in writing within three (3) workdays following the said meeting.
ARTICLE 22 - ARBITRATION 22.01 If the parties fail to settle the grievance at Step 2 of the
Grievance Procedure, the grievance may be referred to arbitration under the following procedure.
22.02 The party requiring arbitration must serve the other
party with written notice of desire to arbitrate within ten (10) days after receiving the decision given at Step 2 of the Grievance Procedure.
22.03 If a notice of desire to arbitrate is served, the parties
shall agree upon a single arbitrator within seven (7) days of service. If the parties are unable to choose an arbitrator, either party may request the Minister of Labour to appoint one.
22.04 No person may be appointed as arbitrator who has
been involved in an attempt to negotiate or settle the grievance.
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22.05 Notices of desire to arbitrate and of nomination of an
arbitrator shall be served personally or by fax. 22.06 If a party refuses or neglects to answer a grievance at
any stage of the Grievance Procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an arbitrator in accordance with Article 20.3, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties.
22.07 The time limits contained in both the grievance and
arbitration procedure as set out herein are mandatory and failure to comply with any of the time limits shall be deemed to be an abandonment of the grievance. The arbitrator shall have no jurisdiction to extend time limits and time limits may only be extended by written agreement between the parties hereto.
It is agreed that the arbitrator shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Articles 19 and 20 where it appears that the default was owing to a reliance upon words or conduct of the other party.
22.08 Where the arbitrator is of the opinion that there is proper cause for disciplining an employee, but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the arbitrator may substitute a penalty which is, in its opinion, just and equitable.
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22.09 Each of the parties hereto will bear the expenses of the
arbitrator appointed by it.
ARTICLE 23 - DURATION 23.01 This agreement shall be effective on the first (1st) day of
January, two thousand and nine (2009) and shall remain in effect until the thirty first (31st) day of December, two thousand and eleven (2011) and for further periods of one (1) year, unless notice shall be given, by either party, of the desire to amend, change or delete any of the provisions contained herein, within the period of ninety (90) days prior to the renewal date. Should neither of the parties give such notice, this agreement shall renew for a period of one (1) year.
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SCHEDULE "A"
CLASSIFICATIONS AND HOURLY RATES
Classification Jan 1/09
June 1/10
Jan 1/11
"������#��������$�����%������ Electrician Licensed Journeyman
30.25
28.25
31.50
29.50
33.00
31.00 Electrician Apprentices shall be paid the following minimum rate based on the journeyman rate: 1ST Period 40% of journeyman's rate plus 10% vacation pay
plus benefits. 2ND Period 50% of journeyman's rate plus 10% vacation pay
plus benefits. 3RD Period 60% of journeyman's rate plus 10% vacation pay
plus benefits. 4TH Period 70% of journeyman's rate plus 10% vacation pay
plus benefits. 5TH Period 80% of journeyman's rate plus 10% vacation pay
plus benefits.
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Notes: 1. Employees who are on probation may be paid two dollars
($2.00) per hour below the rates above while on probation.
2. Working foremen will be paid a minimum of two dollars
and fifty cents ($2.50) above the applicable rate. Classifications Senior Licensed Journeyman Electrician
A Journeyman who exhibits significant expertise and leadership skills
Licensed Journeyman Electrician
A fully qualified Journeyman with a valid Certificate of Qualification
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Letter of Understanding #1
between
C.E.C. Services Limited hereinafter referred to as the "Employer"
-and-
CONSTRUCTION WORKERS LOCAL 52, affiliated with
CHRISTIAN LABOUR ASSOCIATION OF CANADA hereinafter referred to as the "Union"
In recognition of the dependent subcontractors working for the Employer at the time of ratification of this agreement the following shall apply: 1. Dependent subcontractors shall receive a premium of 10% of the
applicable assigned hourly rate of pay as set out in Schedule “A” of the collective agreement. This premium shall be in lieu of all monetary benefits set forth in the Collective Agreement for Employees.
2. All Dependent Subcontractors shall have the option to become direct
employees of the Employer without being subject to the probationary period set forth in article 6.03 of the collective agreement.
3. Upon ratification of this Agreement no new dependent subcontractors
shall be hired.
� CONSTRUCTION WORKERS LOCAL 52 AFFILIATED WITH THE CHRISTIAN LABOUR ASSOCIATION OF CANADA 2335 Argentia Rd. Mississauga ON L5N 5N3 Telephone: 905-812-2855 Toll Free: 800-268-5281
