collectne agreement between: the independent … · the independent unionized landscape...

COLLECTNE AGREEMENT

BETWEEN:

THE INDEPENDENT UNIONIZED LANDSCAPE CONTRACTORS' ASSOCIATION

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LoCAL 183

May 1, 2013- April30, 2016

BETWEEN: COLLECTIVE AGREEMENT


-AND-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183

TABLE OF CONTENTS

ARTICLE 1 -RECOGNITION AND SCOPE ..... .. .. .. .. ... ... .. . ...... . ....... ... .... ... ............... .. ... .. . .. .... .. 1

ARTICLE 2- COMPULSORY CHECK-OFF OF UNION DUES ..... .. .. . ... ... . .. . ... . .. .. .... ..... .. ... .. ... . .3

ARTICLE 3- UNION SECURITY .. . .... . .. .. . .. ... . .. .. .. .. ..... ... ..... .. . .... . ... ... ... ... .. . ... . ................. . ..... 3

ARTICLE 4- MANAGEMENT RIGHTS ...... . ....... . ................ . ....... . ..... .. ...... .......... .. .... . . .... . ..... 4

ARTICLE 5- UNIONREPRESENTATIVE ..... . ....... . ...... . ... ... .. . ... ... ... .. ... .... ... . .. .. ..... ........ . ... .. .. . S

ARTICLE 6- PRODUCTIVITY ...... . ... ..... ... ... ... . ... ... .... .... ... . .. . .. .. ... ........ .... .. .. .. ... ........... . .... .... 5

ARTICLE 7- PAYMENT OF WAGES ............... ....... ............ . ..... ... ............... .......................... . 6

ARTICLE 8- SAFETY, SANITATION AND SHELTER ....... .. ... .. ............ ... ... .... .. . .. .. ....... . ..... ... .. ?

ARTICLE 9- COFFEE AND LUNCH BREAK ....... .... .. .. .......... . ........ ...... . .......... . .............. ... .. .. ?

ARTICLE 10 -HOURS OFWORK .......................................... ............ ... .. . .......... .. ... ... .. .... . ... 8

ARTICLE 11-0VERTIMEANDHOLIDAYS .. . ..... .... .. ... .. ..... .. .. ... ............. ... ......... . .............. .. &

ARTICLE 12- WAGE RATES AND CLASSIFICATIONS .. .. .. .. .. .. .... .... . ... . .. .... .......... .. ....... .. .. .... 9

ARTICLE 12.02- SODDING 0PERATIONS ... ....... .. . .. .. .............. .. ..... .. .. .. .............. .... .... ....... 12

ARTICLE 12.03- STUDENTS ... ... ........... . .................. . ..... . ....... . ................ .. ... ..... .. .. ........ ... 13

ARTICLE 13- WINTER WORK .... .. ... .. .. ..... .... . .. ... ..... ... ... .. . .. ... ..... .. .. .... .... ........ .. ....... ..... .. . 13

ARTICLE 14- VACATION PAY AND STATUTORYHOLIDAYPAY ....... ... ............. .. .. . ..... . .... 13

ARTICLE 15- REPORTING GUARANTEE ....... . .................................................... . ...... . ....... l5

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ARTICLE 16- BAD WEATHER GUARANTEEoooooooooooooOooooOooooooooooooooooooooo .... •oooooooooooooooooooooooo15

ARTICLE 17- SHIFT PREMilJM ooooooooooooooo ooooooooooo oooo oooooo ooo oo oooooooooo ooo oooooooO OoOOOOOOO OOOOooOoOOoo Oo0 0o l5

ARTICLE 18 -ROOMANDBOARD .................. ooo .......... o .. oo .......... oo ..... oo ................. oooo ....... 15

ARTICLE 19 - TRA YELLING ZONE AND ALLOWANCE .................. 0000 .. o ..... OoooO ................ 00.16

ARTICLE 20 -RATES NOT TO BE LOWERED .......... 000000 .... .. ........ .. ............ o ............. 0 ........ 0.16

ARTICLE 21 - TRA YELLING TIME .. o ........... 0 .. 0 .. ...... 0 .... o ........ 00 ...... 0 .. o .. 00 .... 00 .. 0 .... ............... 16

ARTICLE 22 - PIECE WoRK .... 0 ....... 0 00 00 0000 00 00 00000 0 0000 .......................... o .......... 00 ........ 000000 .... 017

ARTICLE 23- ALTERNATIVE RATE ...... o .... o ........ ............. .... o .......... oo .......................... o ... o17

ARTICLE 24 - GRIEVANCE PROCEDURES ............... 0000 00 .............. 00 .... o .................. 00 .... 0 ...... 19

ARTICLE 25- ARBITRATION.OOoooOOooOOOooooOOOOOOOOOo0oooOOoooooooooOoooooooooooOOOoooOooooOoooOOoooooOOooooOoooOooOoo20

ARTICLE 26- TRAINING AND INDUSTRY FUND .......... o .................. oo ...... o ...... o .................. 21

ARTICLE 27- PENSION AND CECOF .... 00 .................................................... 00 ................. .21

ARTICLE 28 -WELFARE, LONG TERM CARE, RETIREE FUND, INDUSTRY DEVELOPMENT FUND AND LOBBYING AND PROMOTION FUND .............................. 00 ........ .22

ARTICLE 29- PREPAID LEGAL PLAN .. O .. Ooo oooooo OooooOooO ........ oo ......... oo .. oooooooooooo oo oooo ......... oooooo24

ARTICLE 30- PROVINCIAL RETAIL SALES TAX ............ oo .... oo .. o ...... oo ............ oo .............. oo .. 24

ARTICLE 31 - TRANSFER OF FUNDS .................. 00 ..................... 00 .. ... 00 ............ 00 ..... 00 .. 00 ..... 24

ARTICLE 32- WORKING DUES .. oo .... o .......... o ...... oo ............... o ...... o ...... oo .. oo .................... o .... 24

ARTICLE 33 - REINSTATEMENT OF EMPLOYEES UPON RETURN FROM INDUSTRIAL ACCIDENT 000.000 0000.0 0 00 ... 0 000 o 00 o 000.00 o 00 .. .. 00 .... o .... 0 0 00 o .... o o 00 ....... 00 ... 25

ARTICLE 34 - BREACH OF COLLECTIVE AGREEMENT BY EMPLOYER 00 .... 000000 .... 0 .. 0000 00 0000025

ARTICLE 35- DEEMED ASSIGNMENT OF COMPENSATION UNDER THE EMPLOYMENT STANDARDS AMENDMENT ACT, 1991oooooooooooooooooooo ........ oo .. oooooooooooooo ............ 25

ARTICLE 36- ERGONOMICS TRAININGooooo ............. oooooooooooooooo ...... o .. . o .. ooooo ooo o .... o ........ ooooooo26

ARTICLE 3 7 - THE RIGHT TO HONOUR LAWFUL PICKET LINES ...... 00 .. o ...... 0 .. 0000 00 00 .... 00 00 .. .26

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ARTICLE 38- CROSS-OVER CLAUSE ........... .......... . ...... . ..... ...... . ... ... .. ... ... .... .. .. .. ... ... ... . ... . 26

ARTICLE 39- LOCAL 183 MEMBERS' BENEFIT FUND .. ...... .. ... ................. .......... ......... ... .28

ARTICLE 40- SECURITYFORPAYMENTOFWAGES .. ... ..... .......... ... ... ... ... ........ ... ...... ....... 28

ARTICLE 41- LEITERS OF UNDERSTANDING ........... .. ............ .. ... .......... ....... ..... ..... ... ..... 30

ARTICLE 42- DURATION OF AGREEMENT ...... ..... .... ... .. .. .. .... .. ... .. ... ........ .... ....... .. .. .. ... ..... 30

LETTERS OF UNDERSTANDING

NO. 1 -No INFERIOR COLLECTIVE AGREEMENT ........ .. .... .. ... .... ..... .......... ..... ..... ...... ...... ... 31 NO. 2 -NAME OF UNION ........................ .... .............. . .... ... ................................. ...... ... ....... 32 NO. 3 -UNION SECURITY ... .... ............. .... ...... .. ... ........ . ...................... .... .. ...... .. ......... .... .... 33 NO.4- TRANSITION CLASSIFICATION LOW-RISE RESIDENTIAL

LANDSCAPING/SODDING/IRRIGATION/FENCING ....... .. ................. ... .. .... ............. .. .. 3 5 NO. 5 - WAGE RATES AND CLASSIFICATION FOR IRRIGATION WORK ........ .. ..... .. .. .. ........ .. .38 NO. 6 -INDUSTRY REVIEW ...................... ..... .............. . ....... .............. ............. . ... ..... .. . ...... .. 44 NO.7- HYDRO SEEDING, TERRA SEEDING & BONDED FIBRE MATRIX WORK ................ .45

LETTER OF AGREEMENT ...... .. ... ......... .... ... ... ........ .... .. ... ..... ... ...... .. ... ... .... ............ ...... .. 48

2013-2016 Landscaping Collective Agreement Page iii

INDEPENDENT LANDSCAPING COLLECTIVE AGREEMENT

THIS AGREEMENT made and entered into as ofthis lOth day of May, 2013.

BETWEEN:

Independent Unionized Landscape Contractors' Association

(hereinafter called the "Employer ")

- of the First Part;

-AND-

Labourers' International Union of North America, Local183 (hereinafter called the "Union")

- ofthe Second Part.

ARTICLE 1 -RECOGNITION AND SCOPE

1.01 The Employer recognizes the Union as the bargaining agent for all of its construction employees, including but not necessary limited to employees employed in its landscaping division, in Ontario Labour Relations Board Area Nos. 8, 9, 10, 11, that part of OLRB Area 12 West ofthe Trent-Severn Waterway and 18.

The Union recognizes the Independent Unionized Landscape Contractors Association as the sole and exclusive bargaining agent of all the members of the Association and agrees that all renewals of this Collective Agreement will be negotiated with the Association and agrees not to negotiate individually with said members.

The Parties acknowledge that the Independent Unionized Landscape Contractors Association is merely an Association formed for bargaining purposes with the Union and to assist its members for the administration of this Collective Agreement, and is not the actual employer of the employees covered by this Agreement. The Association confirms that it has been vested with the requisite authority to bargain for and bind its members.

The specific terms and conditions of work established in this Agreement apply to all employees performing landscaping work. Where employees in the above-noted bargaining unit perform work, other than landscaping work, which falls within the scope of any of the

Independent Unionized Landscaping 2013-2016 Collective Agreement

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collective agreements set out in Article 38 hereto, then the specific terms and provisions of such other applicable collective agreements shall apply.

Without in any way limiting the generality of the above, it is agreed that this Agreement applies to all work pertaining to both soft and hard exterior and interior landscaping.

For greater certainty, it is agreed that soft landscaping and hard landscaping are defined as follows:

(a) Soft Landscape includes, but is not limited to, seeding, mulching, planting of nursery flowers and maintenance of grounds, excavation of bed areas, re-grading, placement of top soil and special horticultural mixes to beds and site areas, installation of trees, shrubs, ground covers, perennials and flowers, sodding, seeding, applying natural and aggregate mulch, edging, green roofs, drainage ponds, swim ponds, roof gardens and development buffer planting zones, watering and maintenance of grounds.

(b) Hard Landscape includes, but is not limited to, demolition of existing site conditions, timber work, landscape masonry and stone cladding works, retaining walls, erosion control, gabion works, sculptures, rockeries of all types, rock formation, concrete works, site drainage, playground and sports field construction, unit paving, excavation, footings and foundations for landscape features, fencing, decorative woodwork, structural woodwork pertaining to landscape features, stone paving, waterproofing or damp proofing, irrigation, site furnishings, precast concrete installation, exterior lighting, aggregate placement, painting or surface finishing, miscellaneous metal work, water features including fountains, pool waterfalls and all related mechanical works, court yards, roof gardens, green roofs, interior atriums, and designated planting areas, balconies and terraces, waterfronts as well as the normal exterior of all premises and any incidental work related to landscaping work.

(c) The erection of fencing and barriers of any sort or kind is work which falls within the scope of this Collective Agreement and, when performed in conjunction with a civil engineering project shall be performed pursuant to the terms and conditions of the Union's standard Collective Agreement pertaining to fencing work set out in paragraph (q) of Article 38 of this Agreement. For the purposes of this clause only, civil engineering construction work shall be deemed to include work covered by the Union's Collective Agreements pertaining to Sewer and Watermain, Roads and Heavy Engineering sector of the construction industry, (excluding tunnel work, T.T.C. rapid transit system construction), Utility work as defined in the Collective Agreement between the Utility Contractors' Association of Ontario and pipeline work as defined in the Collective Agreements between the Labourers' International Union of North America and The Pipeline Contractors' Association of Canada.

1.02 The following employees are not included in the bargaining unit:

(a) store staff

(b) garage staff

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(c) office and clerical staff including dispatchers

(d) non-working foreman and persons above the rank of non-working foreman

(e) temporary shop employees

1.03 Interpretation: Where the masculine pronoun is used herein, it shall mean and include the feminine pronoun where the context applies.

1.04 Signatory Contractors

Once annually, on a mutually agreed upon date, the Union shall provide the Association with the current list of names of those signatory contractors covered by this Collective Agreement who are not members of the Association.

ARTICLE 2 - COMPULSORY CHECK-OFF OF UNION DUES

2.01 Each employee in the bargaining unit shall, as a condition of employment, be required to have his regular monthly Union dues checked-off by payroll deduction as specified by the Union.

2.02 The Employer shall deduct Union Dues from the first pay due to the employee each month and shall send all of the sums so deducted to the Union not later than the fifteenth (151h) day of the following month. The Union shall notify the Employer in writing of the amount of regular dues and working dues to be deducted.

ARTICLE 3 - UNION SECURITY

3.01 (a) All employees shall, when working in a position within the bargaining unit described in Article 1 hereof, be required, as a condition of employment, to be a member of the Union before commencing employment and shall be required to maintain such membership while working within the bargaining unit for the duration of this Agreement. Prior to commencing employment, an employee must present to the Employer a referral slip from the Union. It is understood and agreed that the Union may refuse to issue a referral slip to an employee only in the event that the employee is not a member in good standing of the Union.

3.01(b) Once annually, on a mutually agreed upon date, the Union shall provide the Association with the total number of union members covered by the Agreement.

3.02 In the event that any Employer desires to employ a new employee, the Employer shall notify the Union with its manpower needs. In the event that the Union is unable to supply an employee with the qualification and skill to fulfill the function within two (2) full days from


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the Employer's date of request, the Employer may hire employee(s) from any other source. It is agreed that such employee shall make application for membership to the Union within one (1) week of starting work, given the employee is able to fulfill the Employer's required function. Immediately after becoming a member of the Union, and prior to the employee commencing his or her next shift, the employee must present a referral slip from the Union to the Employer. It is understood and agreed that the Union wage rates, all contributions, deductions and remittances and all other terms and conditions set out in the Collective Agreement shall apply during any such trial period.

"Within two (2) full days" means by no later than 4:00 p.m. on the second day after the date of the Employer's request.

"Day" means Monday to Friday, excluding statutory holidays.

3.03 The Employer agrees that, notwithstanding the claims made or which may be made by any other Trade Union, it shall assign exclusively to members of the Union, all of the work covered by this Agreement.

3.04 The Employer agrees to contract or sub-contract any work covered by this Collective Agreement and/or within the Union's jurisdiction only to contractors or subcontractors who are bound to and applying this Collective Agreement, or the appropriate Local 183 Collective Agreement listed in Article 38 which is applicable to the work in question.

3.05 Notwithstanding the terms and provisions of this Collective Agreement, in the highrise and low-rise residential sector of the construction industry, the Employer will not contract and/or subcontract with any builder, owner, developer, construction manager and/or any other individuals, companies, partnerships or legal entities to perform work which has traditionally been performed by the direct employees of the builder, owner and/or developers, without prior written consent of the Union.

ARTICLE 4- MANAGEMENT RIGHTS

4.01 It is the function of the Employer to:

(a) Conduct its business in all respects in accordance with its commitments and responsibilities, including the right to manage the jobs, locate, extend, curtail or cease operations, determine the number of men required at any or all operations, determine the kinds and locations of machines, tools and equipment to be used and the schedules of production, judge and classifications of the employees and maintain order, discipline and efficiency.

(b) To hire, discharge, classify, transfer, promote, demote, lay off, suspend or otherwise discipline employees, provided that a claim by a person that he was not hired, classified, transferred or promoted in accordance with or as may be required by the Agreement or that a claim by a person that he was discharged, demoted, laid off, suspended or otherwise


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disciplined without reasonable cause, shall be subject to the provisions of the Grievance Procedure herein.

(c) Make, alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the employees.

(d) It is agreed that these functions shall not be exercised in a manner which is unreasonable or unfair or in a manner inconsistent with the express provisions of this Agreement, and any claims by the Union that the Employer has acted in a manner which is unreasonable or unfair in the Employer's exercise of these functions may be subject to the Grievance Procedure.

ARTICLE 5 - UNION REPRESENTATIVE

5.01 Representatives of the Union may meet with Stewards or other employees at job sites during working hours, provided that such meetings do not interfere with the work. With respect to such meetings, the Union Representative will, where possible, first advise the job supervisor or his designate. The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men for the job.

5.02 The Employer agrees to recognize one (1) Shop Steward for every fifteen (15) employees, but shall not be obliged to recognize such stewards until it has been informed in writing of the names of all stewards as they are appointed.

5.03 The Shop Steward(s) or Health and Safety Representative shall be one of the last two men retained if competent to perform the available work.

5.04 The Shop Steward shall not be excluded from doing overtime work provided he is able to do the work required.

ARTICLE 6 - PRODUCTIVITY

6.01 The Union and the Employer recognize the mutual value of improving by all proper and reasonable means, the productivity of the individual workmen and both will undertake individually and jointly to promote such increased productivity.

6.02 During the lifetime of this Agreement, the Union agrees there will be no strike, slowdown or picketing or any other act which will interfere with the regular schedule of work and the Employer agrees that there will be no lockout. Except as provided for herein, the Employer shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, picketing or slowdown or any other act which interferes with the regular schedule of work.


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6.03 The Union shall not involve the Employer in any dispute which may arise between the Union and any other Employer and the employees of such other Employer.

6.04 The Union will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes.

6.05 It is agreed and understood that in the event a jurisdictional dispute occurs, such jurisdictional dispute shall be referred to the Ontario Labour Relations Board for resolution under the provisions of the Ontario Labour Relations Act.

6.06 In the event that during the term of this Collective Agreement industry developments or practices result in the requirement of new classifications of any employee of the Employer, whether or not such changes are the result of technological change or not, the Employer and Union shall meet within fifteen (15) days notice of either upon the other and commence negotiations. The sole and restricted purpose of these negotiations shall be to establish such classifications and wage rates applicable thereto. It is further agreed that unless the parties reach agreement on the aforesaid within fifteen (15) days of such meeting, or such longer period as may be agreed to by the parties, the matter in dispute may then be submitted and resolved in accordance with the grievance and arbitration clauses of this Agreement.

ARTICLE 7- PAYMENTS OF WAGES

7.01 Employees shall be paid by cheque or direct deposit every week or every second week no later than Thursday, and the pay shall be accompanied by a slip outlining all hours of work and rate of pay. All companies currently paying weekly will continue to pay weekly.

7.02 layoff.

In the case of layoff, all employees shall receive four ( 4) hours notice in advance of

7.03 Whenever pay cheques and separation documents are not given to employees at the time of termination, they shall be sent by the Employer, to the employees affected by registered mail, to his last known address on file with the Employer, within three (3) business days of the time of termination. In the event that the Employer fails to provide the pay cheques and separation documents are not provided to the employee within three (3) business days as described above, the Employer shall pay the full wages and compensation package to the employees for ten (10) hours per day until the employee receives his pay cheque and separation documents.


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ARTICLE 8 - SAFETY, SANITATION AND SHELTER

8.01 On all jobs where employees are continuously employed, shelter will be provided for employees to eat their lunch and store their clothing. Sanitary toilets shall be provided in accordance with Health and Safety Regulations, if not already provided on job site.

8.02 The Employer shall supply a safety helmet to each employee but if such employee does not return his helmet on termination of his employment, he shall be charged its cost by payroll deduction. If the helmet is returned and has been made unwearable through willful neglect or abuse the employee may be charged the full replacement cost.

8.03 Drinking water and paper cups will be provided. If a trailer is used at a job site to store tools and equipment and a lunch room, the total storage area and eating area will be separated by a partition. Trailers will be heated when necessary.

8.04 A Safety Committee is to be established as per OH&SA.

8.05 The Employer shall supply suitable protective clothing to all employees who are required to work during inclement weather. The Union recognizes the right of the Employer to economically supervise the distribution of the clothing provided and will co-operate with the Employer to prevent wasteful practices.

8.06 The Employer shall at its expense, provide immediate transportation to hospital or a physician for any injured employee. If necessary an ambulance shall be called.

8.07 The employee who is injured during working hours in a compensable accident, who is required to leave for treatment or is sent home because of such injury shall receive payment for the remainder of the shift at his regular rate of pay.

8.08 Trucks used to transport employees shall be covered and tools will be secured in tool boxes. No materials will be carried in trucks in a manner endangering the safety of the employees being transported.

8.09 Each employee shall use and wear such safety equipment as is provided by the Employer.

ARTICLE 9 - COFFEE AND LUNCH BREAK

9.01 Each employee is allowed a fifteen (15) minute coffee break during each one-half shift.

9.02 Each employee is allowed a one-half hour unpaid lunch break between 11:30 a.m. and 1:00 p.m. No employee is required to work more than five (5) consecutive hours without a lunch break.

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9.03 No entertainment or personal communication devices such as cell phones, Blackberries, iPods and/or similar devices shall be used during working hours, nor shall they be turned on, except during lunch break, regular work breaks, job site emergencies, or where prior approval is obtained from the employee's supervisor, such permission shall not be unreasonably withheld.

ARTICLE 10- HOURS OF WORK

10.01 Standard hours of work for all employees other than watering men and watclunen shall be ten (10) hours per day exclusive of travelling time to and from the job Monday to Friday inclusive.

10.02 If employees are required to work on Saturday in lieu of inclement weather the week prior, an employee may, on a voluntary basis, agree to work up to five (5) hours at regular time. However, if an employee is required to work in excess of five (5) hours the employee shall be paid overtime rates for all hours worked on the Saturday. No employee will work more than ten (10) hours on Saturday.

ARTICLE 11 - OVERTIME AND HOLIDAYS

11.01 Overtime at the rate oftime and one-half the employee's current rate shall be paid to all employees other than watering men and watclunen for all work performed in excess of ten (10) hours per day and for all production work performed on Saturdays.

11.02 Overtime at the rate of double the employee's current rate shall be paid to all employees other than watering men and watclunen for all work performed on Sundays and the following statutory holidays:

New Year's Day Family Day Good Friday Victoria Day Canada Day

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

and any other holiday proclaimed by the Federal or Provincial Government.

11.03 Watclunen and watering men shall receive overtime payments at the rate of time and one-half the employee's current hourly rate for all work performed on the employee's seventh consecutive shift.


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ARTICLE 12- WAGE RATES AND CLASSIFICATIONS

12.01 No changes to the categories under the Collective Agreement. Working Foreman shall receive $0.50 per hour in excess of the Group 8 rate.

EMPLOYEE I DEDUCTION

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I

I I I Landscaping --- -~·--

Group 1: Junior Landscaper Year 1-1-May-13 17.59 1.76 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 29.84 3% 0.05 0.15 29.99 Annual Work Season or Minimum of 1200 --- -- ----hours per year 1-May-14 18.27 1.83 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 30.94 3% 0.10 0.15 31.09

- -- -- -1-May-15 18.95 1.90 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 32.04 3% 0.15 0.15 32.19

--- - - - - -I I I

---- --- -Group 1: Junior Landscaper Year 2

1-May-13 20.20 2.02 2.50 0.60 0.30 ' 6.54 0.15 0.10 0.25 0.05 32.71 3% 0.05 0.15 32.86 -- --- - ----

1-May-14 20.88 2.09 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 33.81 3% 0.10 0.15 33.96 - --

1-May-15 21.56 2.16 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 34.91 3% 0.15 0.15 35.06 - - --- -- --

I I I I

- -- --- -- -- -Group 1: Junior_Landscaper Year 3

1-May-13 22.80 2.28 2.50 i 0.60 0.30 6.54 0.15 0.10 0.25 0.05 35.57 3% 0.05 0.15 35.72 ' - --- ---

1-May-14 23.48 2.35 2.55 0.60 i 0.35 6.79 0.15 0.10 0 .25 0 .05 36.67 3% 0.10 0.15 36.82 ! -- -

1-May-15 24.16 2.42 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 37.77 3% 0.15 0.15 37.92 - - --

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1- ... - ... ~ WAGE CLASSIFICATION

Gr01p 2: Labourers 1-May-13 24.89 2.49 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 37.87 3% 0.05 0.15 38.02

-~- - - - - - -1-May-14 25.57 ' 2.56 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 38.97 3% 0.10 0.15 39.12

- ------ - ~ -1-May-15 26.25 2.63 2.60 0.60 1 0.40 7.04 0.15 0 .10 : 0.25 : 0.05 40 .07 3% 0.15 0.15 40 .22

' -- --- - -Group 3: Landscape Gardeners, farm tractors

1-May-13 27.69 2.77 2.50 0.60 0.30 without excavating attachments, fork lifts, 6.54 0.15 0.10 0.25 0.05 40.95 3% 0.05 0.15 41.10 - -- - --- -truck drivers*, load bearing boom trucks,

operators, machine driven tools on any 1-May-14 28.37 2.84 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 42.05 3% 0.10 0.15 42.20 other equipment that is operated by remote - -- - ----- --control. *Excluding Delivery Drivers who are I I I

drivers who exclusively perform deliveries 1-May-15 for an employer and do not perform any 29.05 2.91 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 43.15 3% 0.15 0.15 43 .30

other work covered by the terms of this Collective Ag!eement. t I I I I + - -·-- ' ~-i----.....---~

I --- -----j

- -- - --Group 4: Carpenters, form setters, concrete finishers, landscape stone setters of all 1-May-13 28.03 2.80 2.50 0.60 0.30 6.54 0.15 0.10 1 0.25 0.05 41.32 3% 0.05 0.15 41.47

------- ---- --types, landscape brick setters, pi pel ayers, float drivers, reinforcing steelmen, drillers of 1-May-14 28.71 2.87 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 42.42 3% 0.10 0.15 42.57 all types, high pressure water equipment, ---- -- ---- -------paving stone laying machine of all types, 1-May-15 29.39 2.94 2.60 0.60 0.40 7.04 0.15 0.10 0.25 i 0.05 43.52 3% 0 .15 0.15 43.67 small trenchers, mini-skid steer loaders, all -- - --other similar small equipment, all electrical I

I I

and plumbing associated with landscape

I I I construction.

I I I

I l I I

I I I

l I l I I ........ -

Independent Unionized Landscaping 2013-2016 Collective Agreement Page - 10-

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... z~ ~ 110 " w > a: I-

~ ... > ... ... z " e .... cic ~~ ~~ ........ Co a: a: z ... ..10: !~ !!=c ... w we 0 ........ a: I- fi~

c( e:z z c(c( 0 ~z A. ou ~

I-III: iii ~::I cO "'Z Uc( :::1< "c( 1-::::J z Ci A." u 0::::1 iii A. .... ::::I::::J ...... ~c u> ...... w a.< oa: ... zu ...... ... a: .... u a: ... .... oc 0~ c ... ... ::1: c(c( 3!: 0 a: a. a: A. A. 0 3: ! ~~-... >A. .... ....

1- ... ... ~ WAGE CLASSIFICATION

I I I I -- -

Group 5: Drivers of Farm Tractor with 1-May-13 28.83 2.88 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 42.20 3% 0.05 0.15 42.35 pulverizing or fine grading equipment -1-May-14 29.51 2.95 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 43.30 3% 0.10 0.15 43.45

-

1-May-15 30.19 3.02 2.60 0.60 I 0.40 I 7.04 0.15 0.10 0.25 0.05 44.40 3% 0.15 0.15 44.55 ---- ---

Group 6: Dozer and Loader Operator and 1-May-13 28.99 2.90 2.50 , 0.60 0.30 6.54 0.15 0.10 0.25 0.05 42.38 3% 0.05 0.15 42.53 Backhoe Operator -1-May-14 29.67 2.97 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 43.48 3% 0.10 0.15 43.63

- -- - - - --~

1-May-15 30.35 3.04 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 44.58 3% 0.15 0.15 44.73 -- ----

- .;...,..__ --Group 7: Grade Operato r

1-May-13 29.09 2.91 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 42.49 3% 0.05 0.15 42.64 I

1-May-14 29.77 2.98 2.55 0.60 0.35 6.79 0.15 : 0.10 0.25 0.05 43.59 3% 0.10 0.15 43.74 '

-

1-May-15 30.45 3.05 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 44.69 3% 0.15 0.15 44.84 I -- -- --!

- - - -Group 8: Working Foreman

1-May-13 28.53 2.85 2.50 0.60 0.30 6.54 0.15 0 .10 0 .25 0.05 41.87 3% 0.05 0.15 42.02

1-May-14 29.21 2.92 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 42.97 3% 0.10 0.15 43.12 ____j. --- -----

' 1-May-15 29.89 2.99 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 44.07 3% 0.15 0.15 44.22 --- ---- --


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ARTICLE 12.02- SODDING OPERATIONS

Sodding Operation Wage Rates:


... z~ :E 110 ~ ... > a:: I-

2:.., > w a:: w z ~ e_. cic ..:.:: ,w ~c ~lS ....... Co a:: ... w we 0 z ... ~:3 u> ...... a:: I- i= ... C[ !!5z z C[C[ 0 :Ez A. ou ... I-ll:: iii il:1::J c9 "'Z ucc ~C[ C[ ' ~C[

Q.~ u 0::;) iii ::J::;) _,_.

~c u> -' 1-::J z ;;: Ww w oc Q.Q_ Q.C[ oar:: w zu w ... w a::_, u a:: ... ... O;:E c ... ... ::1: C[C[ 3: 0 a:: Q. a:: Q. Q. 0 3: ~ :EI-... >Q. -'

1- 1- w we WAGE CLASSIFICATION

Year 1- Annual Work Season or Minimum of 1200 hours per year

1-May-13 16.01 1.60 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 28.10 3% 0.05 0.15 28.25

-- - --- -

1-May-14 16.69 1.67 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 29.20 3% 0.10 0.15 29.35

1-May-15 17.37 1.74 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 30.30 3% 0.15 0.15 30.45 - --

--- -- - -Year 2

1-May-13 18.36 1.83 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 30.68 3% 0.05 0.15 30.83

1-May-14 19.04 1.90 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 31.78 3% 0.10 0.15 31.93 ,__ - --- - --

1-May-15 19.72 1.97 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 32.88 3% 0.15 0.15 33.03

- - -

- - - --· Skilled Sodder including roller operator,

1-May-13 19.04 1.90 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 31.43 3% 0.05 0.15 31.58 and those with more than two seasons ----- - -

1-May-14 19.72 1.97 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 32.53 3% 0.10 0.15 32.68

' - - ....;.,_ -- ~

1-May-15 20.40 2.04 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 33.63 3% 0.15 0.15 33.78

*Clarity Note: No person who was an employee prior to the implementation of this article, and affected by its implementation will suffer a reduction in wage rate.


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ARTICLE 12.03 -STUDENTS

a) The Employer shall be permitted to employ students during the period of May 1st up to and including August 31st each year at a ratio not exceeding one (1) student for every 10 (ten) employees covered by this Collective Agreement (not including students themselves in the employee count).

b) The hourly wage rate for students shall be fifty percent (50%) of the base Labourers' rate set out in Group 4, Article 12.

c) In the event that an Employer desires to employ a student, the Employer must first present the Union with proof of enrolment in an educational institute. In the event that the employer is unable to provide proof the Union may refuse to grant permission to employ the student.

d) Students shall be governed by all the terms and conditions of the collective agreement, except Vacation Pay (rate of 4% will be paid directly to the employees at termination), and Employers are not required to remit Welfare, Pension and Training contributions for work performed by students.

e) Students shall be required to pay all union dues, including working dues.

f) The Employer specifically agrees to identify persons employed as students on the Employer's remittance forms as "students".

ARTICLE 13 - WINTER WORK

13.01 When any of the above machine operators or labourers are taken into the shop during the winter period the rate of such employee will be worked out between the employee concerned and the Employer in each case.

ARTICLE 14- VACATION PAY AND STATUTORY HOLIDAY PAY

14.01 Each Employer bound by this Agreement or a like agreement adopting in substance but not necessarily in precise form, the terms and conditions herein, shall pay vacation and statutory holiday pay at the rate of ten percent (10%) of gross earnings on behalf of each employee covered by this Agreement or such like agreement and remit same monthly to the Labourers' International Union of North America, Local 183 Members' Holiday and Vacation Pay Fund together with a duly completed Employers' Report Form by the fifteenth (15th) day of the month following the month for which the payments are due. It is understood and agreed that the said ten percent (10%) of gross earnings is paid as both vacation pay and statutory holiday


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pay and further that five percent (5%) of the ten percent (10%) is to be considered in lieu of statutory holiday pay. The terms of the Labourers' International Union of North America, Local 183 Members' Holiday and Vacation Pay Fund are set out in a separate trust document which is hereby made part of this Agreement. Payments from the said fund are to be made to the employees in the first two (2) weeks of June and, upon written request, in November of each year.

14.02 The Union and the Association agree, subject to acceptance and adoption by the Trustees of the Labourers' International Union of North America, Local 183, Members' Vacation Pay Fund (the "Fund"), that Section 4.03 (h) of the Agreement and Declaration of Trust made as of the 29th day of January, 1975, as amended, establishing the said Fund, be amended as follows:

Section 4.03 (h)

"Any income earned by the Fund shall be applied as follows:

(i) To the payment of the expenses incurred in the administration of the Fund including but not limited to, the expenses of the Trustees, the Administrator and such legal counsel, investment counsel, accounting, actuarial and clerical assistants as are employed from time to time by the Trustees;

(ii) To provide for any liability for income tax in respect of the income of the Fund;

(iii) To the payment of vacation pay to employees of a bankrupt or insolvent Employer or an Employer who no longer carries on business where the said Employer defaulted on payment to the Fund due to bankruptcy, insolvency or discontinuance of a business, at any time after the date of this Agreement, on such terms, in such amounts and subject to such conditions as the Trustees may decide from time to time as may be required by the Employment Standards Branch, of the Ministry of Labour;

(iv) To the setting up of any reserves which Trustees may deem appropriate; and

(v) Balance shall remain in Fund for future needs.

14.03 Local183 Members' Training Fund

The Union and the Association agree to amend Section 8.01 of the Agreement and Declaration of Trust made as of the 1st day of May 1, 1977 establishing the Labourers' Local 183 Members' Training and Rehabilitation Fund, as amended, so that it provides as follows:

Section 8.01

"Except as otherwise provided for, this Agreement may only be amended by an instrument in writing under seal, properly executed by the Union and at least sixty percent (60%) Independent Unionized Landscaping 2013-2016 Collective Agreement Page- 14-

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of the Associations. Each such amendment shall be by an instrument in writing fixing the effective date of such amendment, and a copy shall be forwarded to the principal office of the Fund.

If the Trust Agreement is so amended by agreement involving at least sixty percent (60%) but less than one hundred percent (100%) of the Associations, any Association which claims that it will suffer undue hardship as a result of the amendment may refer the issue to an Arbitrator appointed by mutual agreement, in which case the Arbitrator shall have the authority to rescind the amendment if the grieving Association can substantiate the claim of undue hardship. If the parties cannot agree upon an Arbitrator, the Office of Arbitration will be asked to appoint an Arbitrator for them."

ARTICLE 15- REPORTING GUARANTEE

15.01 An employee who reports for work at the Employer's job site or shop, unless directed not to report the previous day by this Employer, and for whom no work is available due to reasons other than inclement weather, shall receive a minimum of four hours reporting time, and shall remain at other work if requested to do so by the foreman.

ARTICLE 16- BAD WEATHER GUARANTEE

16.01 An employee who reports for work at the Employer's job site or shop, unless directed not to report and from whom no work is available, due to inclement weather, shall receive a minimum of two (2) hours reporting time, provided the employee remains on the job for one (1) hour after his designated starting time if requested to do so by the foreman. However, if an employee starts work, he shall be guaranteed four ( 4) hours pay.

ARTICLE 17- SHIFT PREMIUM

17.01 A shift premium of one dollar and fifty cents ($1.50) per hour will be paid for all work performed on a second (2"d) or third (3rd) shift.

ARTICLE 18 - ROOM AND BOARD

18.01 If the Employer requires an employee to be out of town overnight, it shall provide and pay for the full cost of a suitable room for the employee and, in addition, the Employer shall pay fifty-five dollars ($55.00) per day cash or cheque to the employee. In addition, the Employer is to maintain all conditions of the Agreement for these employees coming within the geographical area of this Agreement.


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ARTICLE 19- TRAVELLING ZONE AND ALLOWANCE

19.01 In the event that an employee is required to travel beyond any of the following boundaries, in any given day, the individual shall be paid a travelling allowance of fifteen dollars ($15.00) per day. The Boundaries as follows:

Lak.eridge Road to the East Hwy 9 to the North Bronte Rd/Hwy 25 to the West

19.02 In the event that an employee uses his own vehicle, and travels beyond the boundary set out above, they shall be paid in addition to 19.01, a rate of forty-two cents ($0.42) per kilometre, for each kilometre travelled beyond the boundary.

19.03 Employees required to work on projects within the downtown area of Toronto (defined as that area bounded by Dufferin Street on the west, Bloor Street on the north, and Don Valley Parkway on the east), and for whom no transportation is provided, the employer shall provide parking or refund to the employee upon presentation of a valid receipt for parking expenses paid by the employee the amounts of the receipt up to a maximum of ten dollars ($10.00) per day).

ARTICLE 20- RATES NOT TO BE LOWERED

20.01 It is understood and agreed that when an employee works in a Board Area (including any Board Areas not otherwise referred to in this Collective Agreement or not otherwise referred to in any of the schedules or appendices attached hereto) in which he does not regularly work, all terms and conditions set out in this Collective Agreement (including all schedules hereto) will be maintained and the employee will continue to receive his wage rate, hours of work and other benefits, as provided for in this Collective Agreement and that are applicable in the Board Area in which he regularly works, unless the employee is working in a Board Area where such terms and conditions are specifically governed by an article, schedule or appendices forming part of this Collective Agreement and where such article, schedules or appendices provides for more beneficial terms and conditions for the employee, in which case the more beneficial terms and conditions shall apply.

ARTICLE 21 - TRAVELLING TIME

21.01 Employees shall be paid their regular straight time hourly rate for all time spent in travelling from the Company offices or designated premises, to the work site, except when the Company supplies transportation, then employees shall be paid straight time hourly rate when travelling in excess of one (1) hour each way.


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An employee who has been assigned the responsibility of driving a Company vehicle shall be paid at his regular straight time hourly rate for all time spent travelling to the work site and for all time spent returning the vehicle to the Company's yard or designated premises.

ARTICLE 22 - PIECE WORK

22.01 The Employer agrees not to institute any piece work system or incentive bonus system for employees covered by this Agreement.

ARTICLE 23 - ALTERNATIVE RATE

23.01 The parties hereto agree that in the event the Employer signatory to this Agreement becomes engaged in landscaping operations other than on an industrial, commercial and institutional building, a high-rise residential building, or a heavy construction, road building or sewer & watermain project (an example of this would be a low-rise residential site), and save and except as provided for in Article 23.02, the Employer may, at its option, pay the following rate for labourers:

Effective May 1 s\ 2007 - $17.14

23.02 Any employee who is transferred to the residential low-rise sector or to any other work for which Article 23.01 rates might apply from any other sector shall maintain the Article 12 wage rates.

23.03 The parties hereby agree that in the event that an Employer who is signatory to this Agreement becomes engaged in gardening maintenance, as part of a Construction Landscaping contract, the following wage rates and benefits shall apply:


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Gardening Maintenance Wage Rates:

EMPLOYEE I DEDUCTIONS

... z~ :E 110 Ill w > a: I-2:.., ~ w .., z Ill E .... cic , w

..,., a: = z ... ..loi:

:!!:~ l!=c >0 1 ........ a:"' 2co < w w we 0 z << 0 :Ez Cl. u> ou Ue[ ::~!;;( !;;: ' ... t-a: !!!:z iii ~Ill u ~::I c9 <liZ .... ~5 t.i::l z :;: 0::~ iii ::1::~ ........ ~0 oa: u> w ........ w a: ... oc ~~ c ... :E~· ct< 3: a: ... w a: a:...o u

~ .... O:E ... ::t: >~ 0 A. 1- ~ 0 3: :!!: ... .... 1- w wl=!

WAGE CLASSIFICATION

Gardening Maintenance - ! I I I Year 1 _ _1-May-13 13.92 i 1.11 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 25.52 3% 0.05 i 0.15 25.67 - I

_____ 1-May-14 14.61 1.17 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 26.62 3% 0.10 ' 0.15 26.77 - - - - - -- -- --- I

I o.15 1-May-15 15.31 1.22 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 27.72 3% 0.15 27.87 -- - - ~

'

- -----!

Year2 i 1-May-13 15.92 1.27 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 27.68 3% 0.05 0.15 27.83 --~ -

1-May-14 16.61 1.33 2.55 i 0.60 0.35 6.79 0.15 0.10 0.25 0.05 28.78 3% 0.10 0.15 28.93 - - - - - --- --1-May-15 , 17.31 1.38 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 29.88 3% ' 0.15 0.15 30.03 ---- ---- --- -- -~-- --- -- ---

-- ----- ,... -- -- --Skilled Gardener 1-May-13 17.92 1.43 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 29.84 3% ! 0.05 0.15 29.99 --- --

1-~a'C14_ 18.61 1.49 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 30.94 3% 0.10 0.15 31.09 - -----1-May-15 19.31 1.54 2.60 0.60 0 .40 7.04 0 .15 0 .10 0.25 0.05 32.04 3% 0.15 0.15 32.19


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Clarity Note: For work falling within the scope of Article 23.04, the rates as set out in the predecessor collective agreement apply to any work performed prior to May 1, 2013 under this Collective Agreement.

Vacation pay shall be paid to the above-noted employees at the rate of eight percent (8%) of the gross wages earned.

The maximum number of working hours per week shall be fifty-five (55) hours and the work outside these hours shall be overtime work.

Welfare, Pension and Training Fund contributions shall be as set out in this Agreement.

ARTICLE 24 - GRIEVANCE PROCEDURES

24.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible.

24.02 It is understood and agreed that an employee does not have a grievance until he has discussed the matter with his foreman and given him an opportunity of dealing with the complaint. The employee may have his steward or Business Representative present if he so desires.

24.03 follows:

Grievances properly arising under this Agreement shall be adjusted and settled as

Step No. 1 -Within ten working days after the circumstances giving rise to the grievance occurred or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward within five days of the employee being notified of his discharge, and save and except grievances involving monetary items as defined in Section 24.04 below), the aggrieved employee with his Business Representative may present his grievance which shall be reduced to writing to the official of the Employer named by the Employer to handle grievances at this step. If a satisfactory settlement is not reached within five working days from this meeting and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievances may be submitted to arbitration as provided in Article 25 below, at any time within ten (10) working days thereafter but not later.

24.04 Monetary grievances are defined as those involving payment for hours of work, rates of pay, overtime, vacation and statutory holiday pay, shift premiums, traveling expenses, room and board allowances, pension and welfare contributions, reporting allowances and dues, but not including grievances arising out of classification assignment. Such monetary grievances shall be brought forward at Step No. 1 within six (6) months after the circumstances giving rise to the


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grievance occurred or originated. It is further understood that such grievances may be retroactive to the first day of the alleged violation.

ARTICLE 25- ARBITRATION

25.01 Both parties to this Agreement agree that any grievance concerning the interpretation or alleged violation of this Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article 24 above and which has not been settled will be referred to a Board of Arbitration at the request of either of the parties hereto.

25.02 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.

25.03 Within two (2) working days of the request by either party for a Board, each party shall notify the other of the name of its appointee.

25.04 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 in 25.03 above, the Minister of Labour ofthe Province of Ontario will be asked to nominate an impartial person to act as Chairman.

25.05 The decisions ofthe Board of Arbitration or a majority of such Board, constituted in the above manner, or if there is no majority the decision of the Chairman, shall be binding upon the employees, the Union and the Employer.

25.06 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.

25.07 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, if any, of the Chairman.

25.08 (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 gnevance.

(b) In determining the time which is allowed in the various steps, Sundays and Statutory Holidays shall be excluded, and any time limits may be extended by agreement in writing.

(c) If advantage of the provisions of Articles 5 and 6 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 reopened, unless an arbitrator or board of arbitration decides it is reasonable and equitable to do so in all of the circumstances.

Independent Unionized Landscaping 2013·2016 Collective Agreement Page- 20-

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(d) Any arbitrator or board of arbitration with jurisdiction to interpret, apply and enforce this Collective Agreement, whether such jurisdiction is derived from the Collective Agreement or the Ontario Labour Relations Act, shall consider all relevant evidence and with respect to such evidence is not, and shall not, be restricted by any limitation concerning the introduction or consideration of evidence which may apply to applications under sections of the Ontario Labour Relations Act.

ARTICLE 26 - TRAINING AND INDUSTRY FUND

TRAINING FUND:

26.01 Each Employer bound by this Agreement shall contribute fifteen cents ($0.15), per hour for each hour earned, for each employee within the Labourers' International Union of North America, Local 183's jurisdiction, and remitted monthly to the Labourers' International Union of North America, Local 183, Members Training and Rehabilitation Trust Fund. The above contributions are to be remitted by the fifteenth (151h) day of the month following the month for which the payments are due.

INDUSTRY FUND:

26.02 Each Employer bound by this Agreement or a like Agreement adopting in substance but not necessarily in form the terms and conditions herein, shall contribute fifteen cents ($0.15), for each hour earned by each employee covered by this Agreement or such like Agreement, and remit such contributions with the Welfare and Training Fund remittances payable to "Local 183 Trust Administrations" on or before the fifteenth ( 151h) day of the month following the month for which the contributions were due. Such amounts received, together with a copy of the computer print-out indicating the total number of hours paid by each Employer, shall be forwarded once per month to the Association by the Administrator of the "Local 183 Trust Administration" as each Employer's contribution to the costs of negotiating and administrating this Agreement. The Employer agrees to pay such taxes on the Industry Fund as may be applicable. The Association will give the Union thirty (30) days notice in the event of any increase.

ARTICLE 27 - PENSION AND CECOF

27.01 (a)Pension:

The Employer agrees to pay the following amounts for each hour earned by employees represented in the Collective Agreement by Labourers' International Union of North America, Local183, into the Labourers' Pension Fund of Central and Eastern Canada.


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Effective May 1st, 2013- six dollars and fifty-four cents ($6.54) per hour Effective May 1st, 2014- six dollars and seventy-nine cents ($6.79) per hour Effective May 1st, 2015- seven dollars and four cents ($7.04) per hour

(b) Labourers' Central and Eastern Canada Organizing Fund (CECOF):

The Employer agrees to contribute the following amount for each hour worked to the Central and Easter Canada Organizing Fund (CECOF):

Effective May 1, 2010- twenty-five cents ($0.25) for each hour worked.

(c) Pension and CECOF

Contributions shall be remitted to the Trustees of the Pension Fund by the fifteenth (151h) 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 supplied 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. If payment is over thirty (30) days late, interest of two percent (2%) per month compounded monthly, yielding to twenty-six point seven percent (26.7%) per annum, shall be paid from the due date.

(d) Ontario Provincial District Council (OPDC)

The Employer agrees to deduct from the employee, by way of payroll deduction, the following amounts for each hour worked to the OPDC as follows:

Effective May 1, 2013- five cents ($0.05)

Effective May 1, 2014- ten cents ($0.10)

Effective May 1, 2015- fifteen cents ($0.15)

27.02 The Union agrees to equal number of Management Trustees on the Pension Plan upon renewal of its Agreement, provided satisfactory arrangements can be worked out with the contractors in the Province of Ontario on same.

ARTICLE 28 - WELFARE, LONG TERM CARE, RETIREE FUND, INDUSTRY DEVELOPMENT FUND, AND LOBBYING AND PROMOTION FUND

28.01 (a) The Employer agrees to pay the following amounts for each hour worked by its employees into Local 183 Members' Benefit Fund, jointly administered by an equal number of


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employer and Union trustees, for the purpose of purchasing weekly indemnity life insurance, major medical or similar benefits for the employees covered by this Agreement:

Effective May 1st, 2013 -two dollars and fifty cents ($2.50) per hour Effective May 1st, 2014- two dollars and fifty-five cents ($2.55) per hour Effective May 1st, 2015- two dollars and sixty-cents ($2.60) per hour

(b) Long Term Care: The Employer agrees to pay the following amounts based on all hours earned, into Local 183 Members' Benefit Fund for the purposes of purchasing benefits for Long Term Care:

Effective May 1st, 2013 -sixty cents ($0.60) per hour;

(c) Retiree Benefits: The Employer agrees to pay the following amounts based on all hours earned, into the Universal Workers Union, Local 183 Retiree Benefit Trust Fund:

Effective May 1st, 2013 -thirty cents ($0.30) for each hour worked Effective May 1st, 2014- thirty-five cents ($0.35) for each hour worked Effective May 1st, 2015 -forty cents ($0.40) for each hour worked

(d) It is understood that the above-mentioned amount in Article 28.01 (a) includes five cents (5¢) per hour to the Industry Development Fund.

(e) It is understood that the above-mentioned amount in Article 28.01 (a) includes ten cents (1 0¢) per hour into the Retiree Benefit Trust Fund.

(f) It is understood that the above-mentioned amount in Article 28.01 (a) includes five cents (5¢) per hour into Local183 Lobbying Trust Fund.

(g) It is agreed that by joint agreement the Trustees of the Benefit Fund shall be empowered to charge interest at the rate of two-percent (2%) per month compounded monthly, yielding to twenty-six point seven percent (26. 7%) per annum upon the failure of the Employer to make payments due to the Benefit Funds in accordance with Section 28.01. It is further agreed by the Union and the Employer that interest at the rate of two per cent (2%) per month may be compounded and charged upon the failure of the Employer to make payments due to the Pension Fund in accordance with Section 27.01.

(h) The Employer agrees to pay, effective May 1, 2013, $0.05 cents for each hour worked to the Local 183 Promotional Benefits Fund but nevertheless forwarded to the Members' Benefit Trust Fund for administration purposes.

Payments into the Welfare Fund are to be made by the 151h day of the month

following the month for which they are due.


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ARTICLE 29 - PREP AID LEGAL PLAN

29.01 The Employer agrees to pay the sum of ten cents ($0.10) for each hour worked by each employee represented by Universal Workers Union, L.I.U.N.A., Local 183 to the Labourers' Local 183 Prepaid Legal Benefits Fund, jointly administered by an equal number of Employer and Union Trustees, for the purpose of providing legal benefits to such employees and their beneficiaries.

29.02 The Employer shall remit contributions to the Labourers' Local 183 Prepaid Legal Benefit Fund monthly, together with a duly completed employer's report form, by the fifteenth (15th) day of the month following the month for which the payment is due.

ARTICLE 30- PROVINCIAL RETAIL SALES TAX

30.01 The Employer agrees to pay provincial retail sales tax on contributions to the Local 183 Members' Benefit Fund and remit such taxes to the said Fund together with the contributions on which such tax is paid.

ARTICLE 31 - TRANSFER OF FUNDS

31.01 During the lifetime of this Agreement, the Union shall have the right, at any time to require the Employer to change the amounts of the contributions to any employee benefit fund, other than the Vacation with Pay Trust Fund, set out in this Collective Agreement, or which may be established hereafter by the Union, by transferring any portion of the contributions required to be made to any particular employee benefit fund (now existing or existing in the future) to any other employee benefit fund (now existing or existing in the future) provided that there shall be no increase in the total monetary contributions required to be made under this Agreement. The Union shall notify the Association in advance of the change in contributions.

ARTICLE 32 - WORKING DUES

32.01 Each employee shall, when working in a position within the bargaining unit described in Article 1 above, be required as a condition of employment, to have his regular monthly union dues and any required working dues checked off and the Union agrees to duly inform the Employer of the amounts of such union dues and working dues and any changes in the amounts. The Employer agrees to make such deductions from the first pay issued to the employees each calendar month and remit the same to the Union not later than the fifteenth (15th) day of the following month to the Secretary-Treasurer of the Union. The Employer shall, when remitting such dues, name the employees and their Social Insurance Numbers from whose pay


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such deductions have been made. It is further agreed and understood that the Employer will receive at least thirty (30) days notice of any changes in the amounts of working dues.

ARTICLE 33- REINSTATEMENT OF EMPLOYEES UPON RETURN FROM INDUSTRIAL ACCIDENT

33.01 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies. The job of an injured worker shall be deemed to be available if upon his return any work within his classification on any project under this Agreement is being performed by an employee who, subsequent to the time of injury, was hired by the Employer or transferred or otherwise assigned to perform any work within the said classification on any project covered by this Agreement. An employee who claims he has been denied employment contrary to this provision may have recourse to the Grievance and Arbitration Procedure as set out in Article 24 and 25 of this Agreement. The parties agree that in the event the WSIA, as amended, imposes any greater right to reinstatement of employees upon return from industrial accident than that set out above, the greater provisions of the WSIA shall apply.

33.02 The above shall not apply if the injury is attributable solely to the willful misconduct of the employee.

ARTICLE 34 - BREACH OF COLLECTIVE AGREEMENT BY EMPLOYER

34.01 In the event that the Employer fails or refuses to pay any wages to or employee benefit contributions on behalf of any of his employees in the amount( s) and within the time( s) required by this Collective Agreement, the employees may refuse to work and shall have the right to picket at any of the projects where the Employer is engaged and the Employer agrees that such refusal to work or such picketing shall not constitute an unlawful strike or unlawful picketing, as the case may be, within the provisions of the Ontario Labour Relations Act or this Collective Agreement and the Employer agrees not to bring any proceedings of any kind or nature whatsoever against any person or the Union for such conduct.

ARTICLE 35- DEEMED ASSIGNMENT OF COMPENSATION UNDER THE EMPLOYMENT STANDARDS AMENDMENT ACT, 1991

35.01 The Trustees of the employee benefit plans referred to in this Collective Agreement shall promptly notify the Union of the failure by any Employer to pay any employee benefit contributions required to be made under this Collective Agreement and which are owed under the said plans in order that the Program Administrator of the Employee Wage Protection Program may deem that there has been an assignment of compensation under the said Program in


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compliance with the Regulation to the Employment Standards Amendment Act, 1991 in relation to the Employee Wage Protection Program.

ARTICLE 36 - ERGONOMICS TRAINING

36.01 As a pre-condition of employment, the new employees of any Employer shall be required to attend and successfully complete the ergonomics training course offered by the Labourers' Local 183 Members Training Fund prior to being employed in the performance of any work covered by this Collective Agreement.

36.02 The supervisory personnel of any Employer may attend and successfully complete the ergonomics training course offered by the Labourers' Local 183 Members Training Fund.

36.03 Union Shop Stewards shall be required to attend and successfully complete the ergonomics training course offered by the Labourers' Local 183 Members Training Fund.

ARTICLE 37- THE RIGHT TO HONOUR LAWFUL PICKET LINES

37.01 Notwithstanding any of the provisions set out herein, the Employer agrees that any employee may individually decide to refuse to cross a picket line which has been placed on any project where the Employer is engaged and the Employer agrees that such individual decisions made by the employees concerned shall not constitute an unlawful strike under the provisions of the Ontario Labour Relations Act or this Collective Agreement, and the Employer agrees not to bring any proceedings of any kind or nature whatsoever against any person or the Union for such conduct. In the event that employees do individually decide to refuse to cross a picket line then they will be assigned to such other work as is available on other job sites or be deemed to be on temporary lay-off until either the picket line is removed or the employees decide they will no longer refuse to cross the picket line. This Article shall only apply to such picket lines which are established by the Union or any council of trade unions of which the Union is constituent member against any employer which continues to perform work on a particular project where the picket line has been established.

ARTICLE 38 - CROSS-OVER CLAUSE

38.01 Should the Employer perform any work falling within the scope of the following collective agreements with or binding upon the union then the Employer shall abide by and perform such work in accordance with the terms and conditions of the applicable collective agreement including, but without limiting the generality of the foregoing, any terms and conditions thereof with respect to contracting or subcontracting restrictions.


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(a) "The Roads Agreement" being a Collective Agreement between the Toronto and Area Road Builders' Association and A Council of Trade Unions acting as the representative and agent ofTeamsters' Local230 and the Union.

(b) "The Sewer and Watermain Agreement" being a Collective Agreement between the Greater Toronto Sewer and Watermain Contractors' Association and A Council of Trade Unions acting as the representative and agent ofTeamsters' Local230 and the Union.

(c) "The Heavy Engineering Agreement" being a Collective Agreement between the Heavy Construction Association of Toronto and the Union.

(d) "The Forming Agreement" being a Collective Agreement between the Ontario Form Work Association and the Form Work Council of Ontario.

(e) "The House Basements Agreement" being a Collective Agreement between the Residential Low-Rise Forming Contractors' Association of Metropolitan Toronto and Vicinity and the Union.

(f) "The Apartment Builders Agreement" being a Collective Agreement between the Metropolitan Toronto Apartment Builders' Association and the Union.

(g) "The House Builders Agreement" being Collective Agreements between each of the Toronto Residential Construction Labour Bureau and the Durham Residential Construction Labour Bureau and the Union.

(h) "The Concrete and Drain Agreement" being a Collective Agreement between the Ontario Concrete and Drain Contractors' Association and the Union.

(i) "The Utilities Agreement" being a Collective Agreement between the Utility Contractors' Association of Ontario and Labourers' International Union ofNorth America, Local 183, L.I.U.N.A., Ontario Provincial District Council and its affiliated Local Unions.

(j) "The Carpentry and Framing Agreement" being a Collective Agreement between the Residential Framing Contractors' Association of Metropolitan Toronto and Vicinity Inc. and the Union.

(k) "The Marble, Tile, Terrazzo & Cement Masons Agreement" being a Collective Agreement between the Residential Tile Contractors' Association and the Union.

(I) "The Agreement Covering Building Restorations and Associated Work", being a Collective Agreement between the Building Restorations and Associated Work Contractors in Ontario Labour Relations Board Area No.8 and the Union.

(m) "The Bricklayer/Masonry Agreement" being a Collective Agreement between the Bricklayers, Masons, Independent Union of Canada, Local 1 and The Masonry Contractors' Association ofToronto Inc. or the Collective Agreement between Labourers' International Union ofNorth America, Local183 and various independent masonry contractors.


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(n) "The Residential Plumbing Agreement", being a Collective Agreement between various independent plumbing contractors and the Union.

( o) "The High Rise Trim Collective Agreement" being a Collective Agreement between Local183 and the Residential Carpentry Contractors' Association of Greater Toronto.

(p) "The Low Rise Trim Collective Agreement" being a Collective Agreement between various independent low rise trim contractors and the Union.

(q) "The Fencing Agreement" being a Collective Agreement between vanous independent fencing contractors and the Union.

ARTICLE 39 - LOCAL 183 MEMBERS' BENEFIT FUND

39.01 The Union and the Association agree to amend Section 8.01 of the Agreement of Declaration and Trust made as of October 1, 1980, as amended, establishing the Local 183 Members' Benefit Fund to provide that, with respect to the amendment of the Trust Agreement by the Union and the Party Associations, the Trust Agreement may be amended by the mutual agreement of the Union and at least sixty percent (60%) of the Party Associations provided that if the Trust Agreement is so amended by agreement involving at least sixty percent (60%) but less than one hundred percent (100%) of the Party Associations, any Association which claims it will suffer undue hardship as a result of such amendment may refer the issue to an Arbitrator appointed by mutual agreement, in which case the Arbitrator shall have the authority to rescind the amendment if the grieving Association can substantiate its claim of undue hardship. If the parties cannot agree upon an Arbitrator, the Office of Arbitration will be asked to appoint an Arbitrator for them.

ARTICLE 40 - SECURITY FOR PAYMENT OF WAGES

40.01 (a) The Union may at any time require any Employer bound by this Agreement to pay to the Union a sum of no less than fifty thousand dollars ($50,000.00) or other form of security acceptable to the Union, which sum or security is to be held by it on account of the failure of the Employer to pay to the Union and/or on behalf of any of the employees covered by this Agreement, any wages, vacation pay, union dues, traveling expenses, contributions to the Welfare Fund, Prepaid Legal, Training Fund and Pension Fund, or any other payments or financial benefits payable to the Union and/or on behalf of the said employees in accordance with the terms and conditions of this Agreement.

(b) A Committee will be set up to work out a policy on Security for Payment of Wages. This Committee will comprise of two (2) persons from the Employer and two (2) persons from the Union.


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40.02 Upon an Employer failing to make any of the payments referred to m Article 40.01, the following procedure is to be followed:

(a) The Union shall advise the Employer in writing of such alleged failure of payment and the Union and the Employer shall forthwith attempt to resolve such dispute. If they are able to agree on the amount due, then the Employer shall make payment of the agreed amount by no later than twenty-four (24) hours after such agreement is reached;

(b) In the event the Employer and the Union are unable to agree on the amount owing to the Union and/or on behalf of the employees entitled to the same as the aforesaid, or in the event of an agreement of the amount due, but the Employer fails to pay the said sum as aforesaid, then the Union shall be entitled to pay out of the said funds to itself and/or on behalf of the employees entitled to the same (including payment of any sums to any Welfare, Vacation Pay, Pension or Training Fund, or any other employee benefit fund) such amounts as may be necessary for this purpose; provided that the Union and/or any of the said employees or the Trustees of the employee benefit fund herein, first obtains an award, order, judgement, or decision entitling any of them to payment of any particular sums.

(c) Upon the Employer being notified in writing of the amount of any such payments out of the fund by the Union as aforesaid the Employer shall replenish the fund by payment of an amount equal to the amount so paid out, within a period of five (5) working days of receipt of such written notification. If the Employer does not replenish the fund as aforesaid, then, in addition to any other remedies, the Employer agrees that the Union may establish picket lines on any or all of its job sites to inform the employees of the Employer violation.

(d) In the event of the bankruptcy or insolvency of the Employer, the said funds held by the Union shall be deemed to have been held in trust on account of the payment of the financial benefits referred to in Article 40.01 (a) herein, paid in advance for employees of the Employer who, at the date of the insolvency or bankruptcy, have performed work or services for the Employer for which the employees and/or the Union, as the case may be, have not been paid any of the said financial benefits and the Union shall be entitled to pay out of the said funds to itself and/or on behalf of the employees of the bankrupt or insolvent Employer (including payment of any sums to any Welfare, Vacation Pay, Pension or any other employee benefit fund), such amount as may be due to any of them.

40.03 The Union shall deposit the said funds which have been made to it by the Employer, in a separate interest-bearing account with a chartered bank, trust company or credit union, and the interest therein shall be added to and form part of the said fund, which is to be available to the Union, the said employees or any employee benefit fund as provided in this Agreement. It is also agreed that in replenishing the fund as provided herein, it shall only be necessary to pay the principal part of the fund.

40.04 Where an Employer has repeatedly violated the terms and provisions of this Collective Agreement with respect to the payment of wages, the remittances required by the Collective Agreement to be paid to the Union and/or others, the contracting and sub-contracting provisions and/or the Union Security provisions, the Union may request a complete financial

Independent Unionized Landscaping 2013-2016 Collective Agreement Page-29-

E. & O.E.

audit of the Employer's books and records by a qualified accountant to be chosen by the Union. If, following the completion of the audit, the Employer is found to have further violated any of the terms and provisions of the Collective Agreement, then, in addition to any other damages or payments which the Employer may be liable for, the Employer will reimburse the Union for the full cost of the audit. Such reimbursement is to be considered general damages owing to the Union and such amounts may be withdrawn from any bond or letter of credit which the Employer is or has been required to provide in accordance with the terms of this Article.

ARTICLE 41- LETTERS OF UNDERSTANDING

41.01 It is agreed that the Letters of Understanding hereto attached are renewed and continue to form part of this Collective Agreement.

ARTICLE 42- DURATION OF AGREEMENT

42.01 The term of this agreement shall be from May 1, 2013 to April 30, 2016 and shall continue in effect 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 of April 30, 2016 or any like period in any third year thereafter. The parties agree that if this Collective Agreement continues in force after April 30, 2016, in accordance with the terms of this Article and/or in accordance with statute, then, the terms and conditions of this Collective Agreement shall automatically be deemed to be the terms and conditions of the Union's then current standard Landscaping Collective Agreement.

IN WITNESS WHEREOF the party of the first part and the party of the second part have caused their proper officers to affix their signatures as of the !J11{.Jday of November, 2013.

ON BEHALF OF: ON BEHALF OF: INDEPENDENT UNIONIZED LANDSCAPE LIUNA LOCAL 183 CON .

ORLANDOLIO


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LETTER OF UNDERSTANDING NO. 1

BETWEEN:


("Association") -AND-


("Local 183 ") Re: No Inferior Collective Agreement

The parties agree that in the event that an Employer not already bound to this Agreement desires or is required to enter into a collective agreement with the Union, then the Union agrees that the specific and individual terms and conditions of that collective agreement will in no way be more beneficial to the Employer than the specific and individual terms and conditions of this Collective Agreement.

The parties agree that this Letter forms part of this Collective Agreement and may be enforced as such.

Signed and dated at Toronto, Ontario this ;!Jf{..; day ofNovember, 2013.

ON BEHALF OF: ON BEHALF OF: INDEPENDENT UNIONIZED LANDSCAPE LIUNA, LOCAL 183

.ftv~--B-E-Lf?_u_z_ ..

Independent Unionized Landscaping 2013-2016 Collective Agreement Page- 3/-

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LETTER OF UNDERSTANDING NO.2

BETWEEN:




("Local183 ") Re: Name of Union

The parties agree that, during the term of this Collective Agreement, Local 183 has the right to, and may, change its name.

The Employer agrees that upon written notice from Local 183 that it has formally changed its name, Local 183, under its new name, will enjoy all status, rights, obligations, and will in all other ways, both under this Collective Agreement and otherwise, and shall be recognized by the Employer as the same Union as under its previous name. The parties agree that this Letter forms part of the Collective Agreement and may be enforced as such.

Signed and dated at Toronto, Ontario this ;11~ day ofNovember, 2013.

ON BEHALF OF:

INDEPENDENT UNIONIZED LANDSCAPE

CONTRACTORS' ASSOCIATION

TEPH N PORTER

MIK~~-

ON BEHALF OF:

LIUNA LOCAL 183


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Page- 32-


BETWEEN:


("Association")

-AND-


("Local183")

Re: Union Security

Notwithstanding Article 3.04, in the event that no unionized subcontractor is available to perform the work, an Employer under this Collective Agreement may use a subcontractor of their choice provided:

1. The Employer must make reasonable efforts to find a unionized subcontractor;

2. The Employer notifies the Union that they are unable to find a unionized subcontractor and allows the Union the opportunity to identify unionized subcontractors;

3. If no unionized subcontractor is available, the Employer will provide the Union a notice in writing indicating : a) the subcontractor that will be used; b) the work site; and c) the commencement date and expected duration of the work; and

4. The Employer will assist the Union to organize the subcontractor.


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It is expressly understood that this Letter of Understanding will exp1re at the end of this Collective Agreement.

Signed and dated at Toronto, Ontario this r:Jq...ft day of November, 2013.

ON BEHALF OF: INDEPENDENT UNIONIZED LANDSCAPE


ON BEHALF OF: LIUNA LOCAL 183

ORLANDOLIO


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Page- 34-


BETWEEN:




("Local 183 ")

Re: Transition Classification Low-Rise Residential Landscaping/Sodding/Irrigation/Fencing

The following Letter of Understanding applies to contractors bound to the Collective Agreement as of May 1, 2010.

WHEREAS landscaping/sodding/irrigation/fencing work in the low-rise residential sector of the construction industry is not currently covered by the terms and conditions of the sub-contracting provisions of the Toronto Residential Construction Labour Bureau Collective Agreement;

AND WHEREAS the parties acknowledge that landscaping/sodding/irrigation/fencing in the low-rise residential sector is very competitive and that many employers are not currently bound to a collective agreement with the Union with respect to this work;

AND WHEREAS the parties wish to ensure that the Association member employers can remain competitive in bidding and obtaining landscaping/sodding/irrigation/fencing work in the low-rise residential sector.

NOW THEREFORE the parties agree as follows:

1. Until such time that landscaping work is covered by the subcontracting provisions currently set out in Article 1.03 of the Toronto Residential Construction Labour Bureau Collective Agreement, the following provisions of the Independent Landscaping Collective Agreement shall not apply when the Employers perform landscaping work on low-rise residential projects:

1. Article 12 - Wage Rates and Classifications 11. Article 26 - Training and Industry Funds


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111. Article 27 -Pension and CECOF tv. Article 28- Welfare, Long Term Care, Retiree Benefit

Fund, Industry Development Fund and Lobbying and Promotion Fund; and

v. Articles 11, 29, and 38

2. For clarity, aside from the exempted provisions in paragraph 1 (i-v) above, all other terms and conditions of the Independent Landscaping Collective Agreement remain in full effect for landscaping work performed on lowrise residential projects;

3. For all landscaping work on low-rise residential projects, the following hourly wage rate shall apply effective May 1, 20 l 0: sixteen dollars ($16.00) per hour.

4. Any employee who is first brought in to work under this Collective Agreement during its three (3) years of operation, and who was not previously a member of Local 183, will be covered by this classification.

5. A Transition Employee will be paid at or above the rate of sixteen dollars ($16.00) per hour. Transition Employees will be entitled to all terms and conditions under this Collective Agreement, except they will not have pension and benefits remitted on their behalf and will not be entitled to such benefits.

6. No person who was an employee of the Employer prior to the effective date of this Agreement shall suffer a reduction in wages pursuant to the implementation of the Transition Classification.

7. It is expressly understood that effective the date that landscaping work is covered by the subcontracting provisions (currently Article 1.03) of the Toronto Residential Construction Labour Bureau Collective Agreement, this Letter of Understanding shall be made null and void and the Association and its members shall apply the full terms and conditions of the Independent Landscaping Collective Agreement to all landscaping work on low-rise residential projects as of the next construction season or at least 9 months.


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8. It is agreed that this Letter of Understanding shall expire at the end of this Collective Agreement and the parties shall meet to review the progress under this provision and, if applicable, whether it shall be renewed for the next collective agreement.

9 . The parties agree that they will meet periodically throughout the term of this Collective Agreement to discuss the status of this provision and the progress towards achieving the subcontracting clause in the TRCLB Agreement.

10. The Employer shall file a separate completed remittance form to the Union in respect of the employees working under this Letter of Understanding.

Signed and dated at Toronto, Ontario this :ll~ day ofNovember, 2013 .

ON BEHALF OF: ON BEHALF OF: INDEPENDENT UNIONIZED LANDSCAPE

CONTRACTORS ' ASSOCIATION

~LVY DELBELBELLUZ

LIUNA LOCAL 183


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Page- 37-


BETWEEN:


("Association")

-AND-


("Local183")

Re: Wage Rates and Classifications for Irrigation Work

WHEREAS the Association and its members believe that there is a demonstrated competitive disadvantage for those companies who primarily or exclusively perform work in landscaping irrigation;

AND WHEREAS Local 183 recognizes that the rates of pay for those workers performing the above noted work are generally lower than the wage rates established by the Independent Unionized Landscaping Contractors Association Collective Agreement;

AND WHEREAS Local 183 is willing to address the concerns in the industry and those of the Contractors engaged in this work;

AND WHEREAS both parties are prepared to enter into a Letter of Understanding which intends to address the perceived competitive disadvantage of those contractors who primarily or exclusively perform the work of the installation, repair or replacement of irrigation systems in conjunction with a landscape construction project prior to property management taking possessiOn.


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-:J

NOW THEREFORE:

1. The parties agree that the work of and associated with the installation, repair and replacement of irrigation systems in conjunction with a landscape construction project prior to property management taking possession form part of and is covered by the Collective Agreement between The Independent Unionized Landscape Contractors Association and L.I.U.N.A., Local 183.

2. Standard hours of work for all employees shall be eleven (11) hours per day exclusive of travelling time to and from the job Monday to Friday inclusive.

3. Overtime at the rate of time and one-half the employee's current rate shall be paid to all employees for all work performed in excess of eleven (11) hours per day and for all work performed on Saturdays.

4. If employees are required to work on Saturday in lieu of inclement weather the week prior, an employee may, on a voluntary basis, agree to work up to 5 hours at regular time. However, if an employee is required to work in excess of 5 hours the employee shall be paid overtime rates for all hours worked on the Saturday. No employee will work more than 10 hours on Saturday.

5. Overtime at the rate of double the employee's current rate shall be paid to all employees for all work performed on Sundays and the following statutory holidays:

New Year's Day Family Day Good Friday Victoria Day Canada Day

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

and any other days proclaimed by the Federal or Provincial Government.

6. The parties agree that while performing the work of installation, repairing or replacement of irrigation systems in conjunction with a landscape construction project prior to property management taking possession, the following wage rates shall apply:


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Irrigation -Wage Rates and Classifications


... z~ ... ... ~ ~ ... > a::

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~ z ... :>D. 1- 1- ... - ... WAGE CLASSIFICATION

Lead Hand 1-Ma't13 23.68 2.36 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 36.53 3% 0.05 0.15 36.68 ----- -- +----- ___,

1-May-14 24.36 2.43 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 37.63 3% 0.10 0.15 37.78

I 1-May-15 25.04 2.50 2.60 0.60 0.40 7.04 ~ 0.15 0.10 0.25 0.05 38.73 3% 0.15 0.15 38.88 ----- --------- - -

Technician 1-May-13 I 21.18 i

2.11 1 2.50 0.60 0.30 6.54 0.15 ! 0.10 0.25 0.05 33.78 3% 0.05 0.15 33.93 - ---- I ' ~-~------

1-May-14 21.86 2.18 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 34.88 3% 0.10 0.15 35.03 --- - --

1-May-15 22.54 2.25 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 35.98 3% 0.15 0.15 36.13 -

------ - --- ----------- ~--·---· - --'

Installer 1-May-13 19.12 1.91 2.50 _ i 0.60 0.30 6.54 0.15 ' 0.10 0.25 ~5 31.52 3% 0.05 0.15 31.67 -- --- - - --

1-May-14 19.80 1.98 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 32.62 3% 0.10 0.15 32.77

1-May-15 20.48 2.05 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 33.72 3% 0.15 0.15 33.87

----Assistant Installer 1-May-13 17.88 1.78 2.50 0.60 0.30 1 6.54 0.15 0.10 0.25 0.05 30.15 3% 0.05 0.15 30.30 - - -- -

1-Ma'{-14 18.56 1.85 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 31.25 3% 0.10 0.15 31.40 --- - ~ - - - - -- ---

1-Ma't15 19.24 1.92 2.60 0.60 : 0.40 7.04 0.15 0.10 0.25 0.05 32.35 3% 0.15 0.15 32.50 I


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I ... z~ ... ... \lJ \lJ ... > a:

I ;:: ... > = ... z e .... cic .... l!:c ~ ........ ........ Oo = ~5 WC 0 z ... iii . ~"' u> ........ Gl:t- ~";' c:c e:z iii z c:cc:c 0 ::!Ez ... !12 :.:w cO "'Z 0~"' I Uc:c ::I< ... 0.\l) u

~c u> .... O::!E 1-::1 z :;: ...... ... 0;:, ~1:1. II: ::::I 0.~ ::::1;:, -'cO oac: c:cc:c ... -'II: ...... ... II: ...I u = ... oc O::!E c ... ~1-u

I ... :I: 3: ... = 0.. = 0.. 0.. 3: ~ ... >0. 1- 1- ... ... WAGE CLASSIFICATION I

Labourer 1-May-13 16.78 1.67 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 28.94 3% 0.05 0.15 29.09 --- - - -----

1-May-14 17.46 1.74 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 30.04 3% 0.10 0.15 30.19 - ---- -1-May-15 18.14 1.81 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 31.14 3% 0.15 -' 0.15 31.29

I I ' I I

Clarity Note: For work falling within the scope of Letter of Understanding No.5, the rates as set out in Letter of Understanding No. 6 of the predecessor collective agreement apply to any work performed prior to May 1, 2013 under this Collective Agreement.

NOTE: Any Employee to qualify for the above rate of pay must have the following certification:

Technician: CIT or Approved Equivalent

Lead Hand: CIT or Approved Equivalent, Irrigation Crew Leader Certification


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Student/Trainee Ratio:

The Employer shall be permitted to hire one (1) Student or Trainee, but not both, for every crew of four ( 4) field employees.

STUDENTS

Upon written agreement and consent of the Union with respect to the number of students employed and the job site location where those students are to be employed, the Employer will be allowed to hire students for summer help during the months of May, June, July and August, and as a condition of employment shall obtain a clearance certificate from the Union. These students shall receive an hourly rate of twelve dollars ($12.00) and will not be subject to any Union fringe benefits, but will be required to pay union dues, and the said students will not be subject to Initiation Fees.

TRAINEES

Wage Rates:

I. Trainees shall be paid at the hourly rate of $13.80 during their 1st year in the industry.

n. Trainees shall be paid the Labourers wage rate in the commencement of their 2nd

year.

Upon completion of one (1) year in the industry, the Employer will remit full contributions on their behalf to the Local Union.

7. The parties agree that the wage rates referred to in paragraph 2 above, are applicable only to those companies who are primarily or exclusively engaged in the installation, repair or replacement of irrigation systems in conjunction with a landscape construction project prior to property management taking possession and only when such companies are performing such work. In the event that a company who normally or regularly performs work in the installation, repair or replacement of irrigation systems, performs other landscaping work, then it is agreed and understood that the wage rates as provided by the Collective Agreement shall apply.

8. It is agreed and understood that all other terms and conditions of the Collective Agreement between the Independent Unionized Landscape Contractors Association and Universal Workers Union, L.I.U.N.A. Local 183 apply to those workers working in the installation, repair and replacement of irrigation systems.


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9. The parties agree that no employee will suffer a wage roll back or loss as a result ofthe implementation of this Letter ofUnderstanding.

10. The parties agree that this Letter of Understanding is effective upon signing and shall terminate on April 30th 2016.

Signed and dated at Toronto, Ontario this cJ/)~day ofNovember, 2013.



~y DELBELB ELLUZ



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Page- 43-


BETWEEN:




("Local 183")

Re: Industry Review

The parties agree that they will meet at least quarterly to discuss issues in the industry.

Specifically, the parties agree that during the industry review one of the issues that may be discussed is areas where the Employer has competitive concerns.

Signed and dated at Toronto, Ontario this &qjL. day of November, 2013.


CONTRACTORS' AsSOCIATIO

S EPHE PORTER

MI~'~ ~ ~vYDELBELBELLU '



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Page- 44 -


Between:

THE INDEPENDENT UNIONIZED LANDSCAPE CONTRACTOR' ASSOCIATION

("Association")

-and-

LABOURERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183

("Local183")

RE: Hydro Seeding, Terra Seeding & Bonded Fibre Matrix Work

WHEREAS Article 1 - Recognition and Scope clause of the Landscaping Collective Agreement between the Association and Local 183, effective from May 1, 2013 to April 30, 2016 ("Landscaping Agreement") set out a definition of soft landscaping which includes, inter alia, seeding, mulching and sodding as well as a definition of hard landscaping which includes, inter alia, any incidental work related to landscaping work;

AND WHEREAS for greater clarity, the parties wish to ensure that all work pertaining to hydro seeding, terra seeding, installation of bonded fiber matrix and similar products including but not limited to blanketing are covered by the terms and conditions of the Landscaping Agreement;

AND WHEREAS the parties wish to establish appropriate classifications and appropriate wage rates for the performance of said work;

NOW THEREFORE, the parties hereby confirm and agree as follows:

1. The Landscaping Agreement applies to the following work and such work shall be performed or subcontracted in accordance with all of the terms and conditions set out in the Landscaping Agreement:

a. All work associated with hydro seeding;

b. All work associated with terra seeding and utilizing a blow truck, provided minimum two non-competitive contractors are available to perform such work;

c. All work associated with the installation of bonded fiber matrix and any similar products and any other form of blanketing.


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2. The following classifications and wage rates shall apply to the performance of work covered by this letter of understanding:


! i

... > z~ ... :::!: z 1.1' e ... Oc WI 1.1' ... > a:t;;

~ ... a: ... .¥ .... l!:c "'o ....... Oo a: ...... "'C 0 z ... li!:lll u> >u t~ Cl:t- j: ... "" z """" 0 :::!:z r::L. ... I-ll: !!!:z iii A.\l' :OO:"' c9 IIIZ g .... :lot 5;. 1.1'5 u 0:;, iii a: ::I ::1:;, ~Q

... 1-::1 z :;: ...... ... A. A, a.C oa: ... ... ... a: ... oc c ... """" 3 z ... a: a:...o u .. 0:::!: ~~-... % a: a. A. a. 0 3 l!!: ... >D. 0 ... ... ... e ... 1-

WAGE ClASSIFICATION I

Hlldro Seeding, Terra I I I

I Seeding, and Bonded I

Fibre Matrix Work _ I I I l .---

Labourers 1-May-_!3 19.14 1.91 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 31.54 3% 0.05 0.15 31.69 -----1-May-14 19.82 ; 1.98 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 32.64 3% 0.10 0.15 32.79

---

1-May-15 20.50 ' 2.05 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 33.74 3% 0.15 0.15 33.89 ------ - -- - -Driver/Ope rator 1-May-13 22.14 2.21 2.50 0.60 0.30 6.54 0.15 0.10 0.25 0.05 34.84 3% 0.05 0.15 34.99

1-May-14 22.82 2.28 2.55 0.60 0.35 6.79 0.15 0.10 0.25 0.05 35.94 3% 0.10 0.15 36.09 ----------- -1-May-15 23.50 2.35 2.60 0.60 0.40 7.04 0.15 0.10 0.25 0.05 37.04 3% 0.15 0.15 37.19

- --- - ------ - ------1.--~


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' 3. The parties agree that no employee will suffer a reduction in wages or any other

monetary loss as a result of the implementation of this Letter of Understanding.

4. Effective upon signing, this Letter of Understanding forms part of the Landscaping Agreement and may be enforced as such.

5. The parties will meet 18 months from the date of ratification for the purpose of reviewing any Issues arising from the implementation of this Letter of Understanding

Signed and dated at Toronto, Ontario this J/1-Ji.day ofNovember, 2013.

ON BEHALF OF: INDEPENDENT UNIONIZED LANDSCAPE CONTRACTORS' ASSOCIATION

E

MIKEPEiif7

~


LUISC AAA~

MAR~E ORLA DOLIO


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LETTER OF AGREEMENT

Forming part of the Collective Agreement binding on Labourers' International Union of North America, Local 183 (the "Union") and (the "Employer").

1. The Employer hereby confirms that it is not carrying on associated or related activities or businesses by or through more than one corporation, individual, firm, syndicate, association or any combination thereof under common control or direction that is not signatory to this Collective Agreement. For the purpose of this Letter of Agreement, "activities" include any activities contemplated by the preamble (if applicable) and the recognition and scope clauses of this Collective Agreement.

2. The parties hereto agree that the following will apply in the event that at any time during the period of time that this Collective Agreement or the terms and conditions thereof continue(s) to operate. Should the Employer carry on associated or related activities or businesses by or through more than one corporation, individual, firm, syndicate, association or any combination thereof, under common control or direction, with a corporation, individual, firm, syndicate, association or any combination thereof that is not formally signatory to this Collective Agreement, then:

(a) The Employer hereby agrees that such associated or related landscaping activities or businesses will be bound to this Collective Agreement, as if the activities were original signatories to this Collective Agreement; and

(b) The Employer agrees to make the Union whole in respect of any violations of the Collective Agreement by the associated or related landscaping activities or businesses, retroactive to the date of such violations and including all legal costs and the costs of any and any arbitrations or other proceedings taken by the Union to enforce this letter of agreement portion of the Collective Agreement.


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Signed and dated at Toronto, Ontario this ()q;/J day of November, 2013.

ON BEHALF OF: INDEPENDENT UNIONIZED LANDSCAPE CONTRACTORS' ASSOCIATION


Independent Unionized Landscaping 2013·2016 Collective Agreement

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collectne agreement between: the independent … · the independent unionized landscape...

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