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COLLECTIVE AGREEMENT Between JMR ELECTRIC LTD. and CONSTRUCTION WORKERS UNION, CLAC LOCAL 53, Duration: January 1, 2017 to December 31, 2019

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Page 1: ARTICLE 1 - PURPOSE Trade Construc… · ARTICLE 1 - PURPOSE 1.01 It is the intent and purpose of the parties to this Agreement: a. to recognize mutually their respective rights,

COLLECTIVE AGREEMENT

Between

JMR ELECTRIC LTD.

and

CONSTRUCTION WORKERS UNION,

CLAC LOCAL 53,

Duration: January 1, 2017 to December 31, 2019

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TABLE OF CONTENTS

ARTICLE 1 - PURPOSE .................................................................. 1

ARTICLE 2 - RECOGNITION .......................................................... 2

ARTICLE 3 - UNION REPRESENTATION ........................................ 7

ARTICLE 4 - LABOUR-MANAGEMENT COMMUNICATION ........... 9

ARTICLE 5 - STRIKES AND LOCKOUTS ........................................ 10

ARTICLE 6 - EMPLOYMENT POLICY AND UNION MEMBERSHIP 10

ARTICLE 7 - CHECK-OFF ............................................................. 13

ARTICLE 8 - WAGES AND RATES OF PAY ................................... 14

ARTICLE 9 - HOURS OF WORK AND OVERTIME......................... 15

ARTICLE 10 - VACATIONS AND VACATION PAY ......................... 21

ARTICLE 11 - PAID HOLIDAYS .................................................... 24

ARTICLE 12 - SENIORITY AND LAYOFFS ..................................... 25

ARTICLE 13 - HEALTH INSURANCE and PENSION PLAN ............. 28

ARTICLE 14 - EDUCATION ......................................................... 36

ARTICLE 15 - INDUSTRY FUND .................................................. 39

ARTICLE 16 - TRAVEL TIME AND OUT OF TOWN ALLOWANCE . 40

ARTICLE 17 - TOOLS, BOOTS, and EQUIPMENT ........................ 48

ARTICLE 18 - LEAVES OF ABSENCE ............................................ 51

ARTICLE 19 - SAFETY AND LEGISLATION ................................... 53

ARTICLE 20 - GRIEVANCES ........................................................ 54

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ARTICLE 21 - ARBITRATION ....................................................... 56

ARTICLE 22 - DISCHARGE, SUSPENSION AND WARNING .......... 59

ARTICLE 23 - GENERAL and MISCELLANEOUS ........................... 60

ARTICLE 24 - DURATION ........................................................... 61

SCHEDULE A - WAGES ............................................................... 63

SCHEDULE B – REQUIRED TOOL LISTS....................................... 70

SCHEDULE C – SITE AGREEMENT .............................................. 78

SCHEDULE D- COMPREHENSIVE SAFETY TRAINING POLICY ...... 78

UNION DUES ............................................................................. 95

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 1

COLLECTIVE AGREEMENT

between

JMR Electric Ltd.

(hereinafter referred to as “the Employer”)

and

Construction Workers Union, CLAC Local 53 (hereinafter referred to as “the Union”)

January 1, 2017 to December 31, 2019

ARTICLE 1 - PURPOSE

1.01 It is the intent and purpose of the parties to this Agreement:

a. to recognize mutually their respective rights, responsibilities and functions;

b. to provide and maintain working conditions, hours of work, wage rates and benefits;

c. to establish an equitable system for the promotion, transfer, layoff and recall of employees;

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 2

d. to establish a just and prompt procedure for the disposition of grievances; and generally, through the full and fair administration of all the terms and provisions, to develop and achieve a relationship among the Union, the Employer and the employees which will be conducive to their mutual well being; and

e. to establish working rules that enhances workplace harmony, efficiency and mutual prosperity of the Employer and its Employees.

1.02 The omission of specific mention in this Agreement of existing rights and privileges established or recognized by the Employer and Employees shall not be construed to deprive the Employer or Employees of such rights and privileges unless as specifically altered by this Agreement.

1.03 Any and all references to the masculine gender shall include the female gender and vice versa

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for, and this Agreement applies to;

All electricians and electricians’ apprentices, linemen and linemen apprentices, network cabling specialists, network cabling specialists’ apprentices, and

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 3

communication cable installers; all sheet metal workers and sheet metal workers’ apprentices; all plumbers, plumbers’ apprentices, steamfitters and steamfitters’ apprentices, all refrigeration and air conditioning mechanics and refrigeration and air conditioning mechanic’s apprentices, all millwrights and millwright’s apprentices, all construction labourers, and all gasfitters in the employ of JMR Electric Ltd. in all sectors of the construction industry in the Province of Ontario save and except for:

a. All electricians and electrician’s, linemen and linemen apprentices, network cabling specialists, network cabling specialist’s apprentices and communication cable installers, all sheet metal workers and sheet metal workers apprentices, all plumbers, plumber’s apprentices, steamfitters and steamfitters apprentices and all labourers in the employ of JMR in Board Area 6, namely, the Regional Municipality of Waterloo (except that portion of the geographic Township of Beverly annexed by North Dumphries Township); and

b. All electricians and electrician’s apprentices, linemen and linemen apprentices, network cabling specialists, network cabling specialist’s apprentices, communication cable installers, sheet metal workers, sheet metal workers apprentices and construction labourers in the employ of JMR in Board Area 18, namely, the

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 4

County of Simcoe, and the District Municipality of Muskoka;

c. All electricians and electrician’s apprentices, linemen and linemen apprentices, network cabling specialists, network cabling specialists’ apprentices and communication cable installers in the employ of JMR in the Board Area 28, namely the County of Grey; and

d. Any employee who is subject to an outstanding application for certification by Local 53 or another trade union as of the date of the execution of this agreement;

e. Non-working foremen and persons above the rank of non-working foreman.

2.02 Non-working foremen, supervisors and other non-bargaining unit personnel shall not perform work included in work or job classifications under this Agreement and normally performed by members of the bargaining unit if it causes the layoff of employees in the bargaining unit.

2.03 There shall be no revision, amendment or alteration of the bargaining unit or of any of the terms and provisions of this Agreement except by the mutual agreement in writing of the parties. Without limiting the generality of the foregoing, no classification of work or jobs may be removed from the bargaining

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 5

unit except by the mutual agreement in writing of the parties.

2.04 The Employer agrees that the duly appointed representatives of Local 53, affiliated with the Christian Labour Association of Canada are authorized to act on behalf of the Union for the purposes of supervising, administering and negotiating the terms and conditions of this Agreement and all matters related thereto.

2.05 The Union acknowledges that it is the function of the Employer:

a. to manage the enterprise, including but not limited to the scheduling of work, determining the methods of performing work, determining the number of employees necessary to adequately perform the work at any time and the control of materials;

b. to maintain order, discipline and efficiency;

c. to hire, direct, transfer, promote, lay off, suspend and discharge, provided that such actions are consistent with the purpose and terms of this Agreement and provided that a claim by any employee who has been disciplined or discharged without just cause shall be subject to the grievance procedure as outlined below.

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 6

2.06 Work normally performed by members of the bargaining unit will not be contracted out if employees qualified to do the work are on layoff or if employees qualified to do the work must be laid off, demoted or discharged as the result of the contracting out of work. Where the Employer does contract out work, he shall endeavour to contract such work to other contractors which are signatory to collective agreements with CLAC.

2.07 The limit and scope of subcontracted work shall be governed by the following conditions:

a. The duration of a subcontracted relationship on any jobsite of bargaining unit work shall not exceed the duration of 6 consecutive months in a non-foreman role. If an extension is required due to an unforeseen circumstance or for distance projects with an extended stay, it shall be brought forward to the Union for discussion.

b. At no time shall the number of subcontracted employees completing bargaining unit work exceed a ratio of or equal to fifteen (15%) of the bargaining unit.

2.08 Where the Employer has contracted the services of a subcontractor and then finds it necessary to reduce the workforce, all subcontractors and subcontracted employees must first be dismissed from active work

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before any bargaining unit employees are laid off, unless the assigned work has been refused.

ARTICLE 3 - UNION REPRESENTATION

3.01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows:

a. The Union has the right to appoint one Steward for every thirty (30) bargaining unit employees based on the average number of employees in any three (3) month period. However, at no time shall the number of Stewards be less than three (3). The Stewards are representatives of the employees in certain matters pertaining to this Agreement including the processing of grievances.

b. CLAC Local 53 representatives are also representatives of the employees in all matters pertaining to this Agreement, particularly for the purpose of processing grievances, negotiating amendments or renewals of this Agreement and of enforcing the employees' collective bargaining rights and any other rights under this Agreement. If no Steward is on site then a Steward may be made available by telephone.

3.02 Stewards shall not absent themselves from their work to deal with grievances without first obtaining the

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 8

permission of the Employer. Permission shall not be withheld unreasonably and the Employer shall pay such Stewards at their regular hourly rates while reasonably attending to such matters.

3.03 The Union has the right to appoint the members of a negotiating committee, to a maximum of six (6). Employees on the committee shall be paid by the Employer at their regular hourly rates for all time spent on negotiating a collective agreement with the Employer whenever this takes place during the regular working hours of the employees concerned but any such time shall not count towards hours worked for calculation of overtime.

3.04 The Employer may meet periodically with its employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A CLAC Local 53 representative may attend such meetings.

3.05 There shall be no Union activity on Employer's time or on Employer's premises except that which is reasonably necessary for the processing of grievances and the administration and enforcement of this Agreement.

3.06 CLAC Local 53 representatives shall have the right to periodically visit jobsites, and in doing so shall observe required safety precautions and regulations.

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Prior to visiting a jobsite, the representative shall first obtain approval from the Employer’s office which approval shall not be unreasonably withheld.

3.07 The Union shall have the right to communicate with employees via postings at jobsites; however, any such posting shall be first authorized by the Employer. Such authorization shall not be unreasonably withheld. Upon request and employer approval, the Employer shall also allow the Union to communicate via information placed with employees’ paystubs. Such authorization shall not be unreasonably withheld.

ARTICLE 4 - LABOUR-MANAGEMENT COMMUNICATION

4.01 The parties endeavour to schedule labour-management meetings as needed per year, upon request by either party during the life of this Agreement. The meetings shall serve as a forum for discussion and consultation between the parties.

4.02 The Employer shall appoint two (2) representatives and the Union shall appoint three (3) representatives (one of whom shall be the Local 53, CLAC representative) to the labour-management committee. The minutes shall record the business of each meeting, a copy of which shall be mailed to the Union office.

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 10

4.03 A committee member attending union-management meetings during regular working hours shall be entitled to his regular hourly rate of pay. In the event that such meetings are held outside of regular working hours, the Employer agrees to pay the non-overtime hourly rate to a JMR employee committee member for each meeting attended.

ARTICLE 5 - STRIKES AND LOCKOUTS

5.01 During the term of this Agreement, or while negotiations for a further agreement are being held, the Union will not permit or encourage any strike, slowdown or any stoppage of work or otherwise restrict or interfere with the Employer's operation through its members.

5.02 During the term of this Agreement or while negotiations for a further agreement are being held, the Employer will not engage in any lockout of its employees or deliberately restrict or reduce the hours of work or deliberately send employees home when this is not warranted by the workload.

ARTICLE 6 - EMPLOYMENT POLICY AND UNION MEMBERSHIP

6.01 a. The Union and the Employer shall cooperate in

maintaining a desirable and competent labour force. The Employer shall notify the Union of

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 11

manpower requirements, giving as much prior notice as possible. The Union shall provide a list of manpower available. The Employer at its discretion may hire employees listed or from other sources.

b. To assist in the efficient placement of appropriately skilled members with the Employer, it is agreed that the Employer shall promptly inform the Union office of members who are laid off, recalled, and when new members are hired. The Employer shall also provide the names, addresses, and telephone numbers of these employees. Laid off employees shall also notify the Union office of their status.

6.02 The Employer may hire new employees as needed provided that no new employee(s) will be hired while there are employees on layoff available and qualified to do the work.

6.03 New employees shall be hired on a five (5) month probationary period, after which they shall attain regular employment status. Their seniority shall be dated back to the date of their last hiring.

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6.04 a. Probationary employees are covered by the

Agreement excepting those provisions which specifically exclude such employees.

b. At any time during an employee’s probationary period or at the conclusion of this period, his employment may be terminated for any reason (other than reasons prohibited under the laws of Ontario) and such termination shall not be subject in any manner to the grievance procedure except where required by law.

6.05 Neither the Employer nor the Union shall compel employees to join the Union. The Employer will not discriminate against any employee because of Union membership or lack of it and will inform all new employees of the contractual relationship between the Employer and the Union.

6.06 The Union shall supply the Employer with “welcome packages” containing information about the Union for new employees which shall include a copy of the Collective Agreement. The Employer shall provide each newly-hired employee with such a package which package shall be prepared at the expense of the Union. Within a reasonable period of time before or after commencing work, any new employee will be referred by the Employer to a Steward or a CLAC representative in order to give such Steward or CLAC

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representative an opportunity to describe the Union's purposes and representation policies.

6.07 The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are applicable to other members of the Union.

ARTICLE 7 - CHECK-OFF

7.01 a. The Employer shall deduct union dues from each

pay of each employee, beginning on their first (1st) day of employment. The Employer shall also deduct any authorized administrative dues owing by an employee upon request by the Union. The amount of union dues and administrative dues required are as contained in a Letter of Understanding found at the end of this Collective Agreement. The Union agrees to advise the Employer of any changes to the amount of union dues and administrative dues.

b. The total amount(s) checked off shall be turned over by the Employer to the Union each month, to be received by the fifteenth (15th) day of the month following the month in which the check-off is made, along with a properly completed remittance form, of which a blank shall be supplied by the Union to the Employer.

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 14

7.02 The Union has a conscientious objection policy for employees who cannot support the Union with their dues for reasons of conscience, as determined by the Union's internal guidelines on what constitutes a conscientious objection.

ARTICLE 8 - WAGES AND RATES OF PAY

8.01 a. Wage schedules applicable to various job

classifications are as set forth on Schedule A.

b. Wages are to be paid by direct deposit, to be placed in each employee’s bank account no later than noon each Friday, covering the pay period up to and including the previous Saturday.

Effective March 1, 2017, employee pay stubs shall be delivered by email to employees. Should any employee have difficulty with accepting pay stubs by email, they shall notify management to make alternative arrangement for delivery of pay stubs.

c. Where a pay error is made by the Employer and it is brought to the attention of the Employer, it shall be rectified on the next pay if the amount is one hundred dollars ($100.00) or less, and shall be rectified by the end of the next business day

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 15

if the amount is more than one hundred dollars ($100.00).

8.02 Additional classifications may be established only by mutual agreement between the Employer and the Union during the term of this Agreement and the rates for same shall be subject to negotiation between the Employer and the Union.

8.03 When, due to inclement weather, work has to be stopped, the Employer shall continue payment of the regular hourly rate until the foreman on the job or management directs the employees to go home.

8.04 If the Employer bids on a job, the specifications of which call for the employment of some local labour or the paying of prevailing rates of pay or both, representatives of the owner of the project, of the Employer and of the Union shall meet to make a decision in regard to the employment of such labour or in regard to the prevailing rates to be paid or both.

ARTICLE 9 - HOURS OF WORK AND OVERTIME

9.01 The regular work week shall consist of forty-four (44) hours, Monday to Saturday inclusive. Such hours shall not be construed as a guarantee of hours per week.

9.02 Work performed in excess of forty-four (44) hours per week, exclusive of paid travel time which shall not be

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 16

used in determining overtime entitlements and which travel time shall not be paid at overtime rates of pay, shall be paid at the rate of one and one-half (1½) times the regular rate of pay.

9.03 There shall be no regular work done on Sunday. If extraordinary circumstances necessitate work on Sunday, worked hours shall be paid at the rate of one and one-half (1.5) times the regular rate of pay for such hours, irrespective of weekly hours (subject to 9.04 below).

9.04 Distance Jobsites

For a long-distance jobsite calculated by Google Maps set for shortest route to be five hundred kilometres (500 km) or greater distance from the Employer’s shop in Exeter, the following procedure shall be followed:

i. Prior to the commencement of any work at the jobsite, the employer shall inform the union of the project and propose terms and conditions of work for that project. Such proposal shall feature a schedule of employee hours of work. Initial site set up personnel to a maximum of one (1) working foreman per trade are excluded from this condition;

ii. It is understood that in such schedules that employees’ hours worked will be averaged

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 17

over a period for the purpose of determining hours worked for calculating entitlement to overtime pay;

iii. The union shall be given opportunity of not less than two (2) weeks to review such proposal and schedule. The union may negotiate amendments to the proposal and schedule. The proposal and schedule shall be subject to approval by the union on a job by job basis. Such approval shall not be unreasonably withheld;

iv. All such job agreements and schedules between the parties shall be recorded in writing with authorized signatures from each party;

v. Amendments to the job agreement or schedule shall be made by mutual consent and shall be recorded in writing with authorized signatures from each party.

vi. Hourly premium for distance jobsites The hourly premium for employees staying out of town at a worksite distance 500 km to 699 km from Exeter as per Google Maps shall not be less than one dollar and fifty cents per hour ($1.50/hr)

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Exemption for existing project of Hawkesbury – to remain as $1.00/hr for duration of project.

The hourly premium for employees staying out of town at a worksite distance 700 km or greater from Exeter as per Google Maps shall not be less than $2.50/hour

Exemption for existing project of Thunder Bay – to be $1.50/hour for the duration of the project.

For all distance projects, the calculated qualifying distance to determine wage premiums shall be from the Employer’s Exeter shop. If an Employee travels directly from their residence to the jobsite, they shall qualify for the same premiums as the main crew if they work the same distance schedule. In other instances of employees travelling from their residence to the jobsite, the qualifying distance to determine wage premiums shall be calculated as the lesser of the two distances (from Employer’s shop / Employee residence to the jobsite).

vii. Paid travel time for a distance work site shall not be less than the actual driving time from the JMR shop in Exeter to the worksite

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 19

destination as calculated by Google Maps set for shortest route, except where alternative forms of travel methods are negotiated.

viii. Accommodations – JMR along with a site foreman will negotiate the best possible rate with the JMR employee’s best interest and job cost factored.

9.05 The Employer will endeavour to provide JMR employees with a minimum notice of one (1) week when transferred to a work site out of town requiring overnight stay.

9.06 Shift Premium Employees shall receive a shift premium of three dollars and fifty cents ($3.50/hour) per hour when greater than 50% of the total working hours in the recorded working day are worked between the hours of 6:00 p.m. – 6:00 a.m. Shift premium shall apply to all hours worked in that shift.

For mandatory shut down work that is a continuation of a full work day coordinated to occur after regularly scheduled hours of work, shift premium of three dollars and fifty cents per hour ($3.50/hr) shall be paid for all such hours of shut down work. Shut down work attracting this premium pay must be coordinated and approved in advance with management.

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9.07 During each shift of eight hours or more there shall

be two (2) daily rest periods (or coffee breaks) with pay of fifteen (15) minutes duration each, one (1) in the first half of the shift and (1) in the second half of the shift. During the second half of the shift following a lunch break the employee shall not miss the rest period to leave the job early, unless permission has been given by the employer.

9.08 There shall be a one-half ( ½ ) hour lunch period without pay each day.

9.09 Where an employee is scheduled to work and arrives at work, but no work is available, he shall be paid a minimum of four (4) hours reporting pay. He may be required to work during those hours. In case of inclement weather, an employee is required to contact the Employer prior to coming to work to determine whether there is work available; if the employee fails to do so, arrives at work, and there is no work available due to inclement weather, the employee shall not receive reporting pay.

9.10 Where an employee is required to work on a service call outside his regular hours of work, he shall be paid for two (2) hours or the length of the call, whichever is greater.

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 21

ARTICLE 10 - VACATIONS AND VACATION PAY

10.01 Employees shall be entitled to vacation pay and time as follows:

Effective Jan 1, 2017

Service Since Last Date of Hire

Vacation Pay

(% of gross pay)

Total including

Stat Holiday

Pay

Vacation Time

Less than 5 years 4 % 8 % 10 days

5 years or more, less than 10

5.25 % 9.25 % 15 days

10 years or more, less than 20

6.25 % 10.25 %

20 days

20 years or more 6.75 % 10.75 % 25 days

Effective Jan. 1, 2019

Service Since Last Date of Hire

Vacation Pay

(% of gross pay)

Total including

Stat Holiday

Pay

Vacation Time

Less than 5 years 4 % 8 % 10 days

5 years or more, less 5.5 % 9.5 % 15 days

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JMR Electric Ltd. CLAC Local 53 January 1, 2017 – December 31, 2019 Page 22

Vacation Days Employee vacations shall be tracked as days in most instances.

An exception shall be for out of town jobsites with a 4 day work schedule. One full work week of vacation shall be tracked as 5 vacation days used, unless the vacation falls on a week that includes a statutory holiday. In this instance, the vacation will be tracked as 4 days.

10.02 Payment of vacation pay to employees shall be made

by separate cheque.

10.03 The summer vacation period is defined as the annual period from July 1 to Labour Day.

The Employer shall endeavour to grant a maximum of five (5) days of vacation time during the summer period to those employees who so request.

than 10

10 years or more, less than 20

6.5 % 10.5 %

20 days

20 years or more 7.0 % 11 % 25 days

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10.04 Advance Booking of Summer Vacation

By March 1 of each year, the Employer shall post a notice asking employees to submit their vacation requests for the summer period.

No later than March 15, employees shall submit any such requests in writing.

By April 1, the Employer shall advise each employee of vacation granted for the summer period.

The granting of requests shall be subject to operational requirements; where more employees have requested time off than can be accommodated, seniority shall prevail.

10.05 All other Vacation Time Requests

After March 15, all other requests for vacation time (summer period or other time periods) shall be granted on a first-come, first-served basis. Where conflicting requests are received on the same day, seniority shall prevail.

The granting of requests shall be subject to operation requirements; where more employees have requested time off than can be accommodated, seniority shall prevail.

Employees shall endeavour to give the Employer three (3) months’ notice of vacation requests.

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ARTICLE 11 - PAID HOLIDAYS

11.01 The Employer agrees to pay at regular rates of pay for eight and one half (8.5) hours per day for the following ten (10) paid holidays:

New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Simcoe Day (August Civic Holiday), Labour Day, Thanksgiving Day, Christmas Day and Boxing Day.

11.02 If an employee is required to work on one of the holidays mentioned under Article 11.01, he shall be paid at the rate of one and one-half (1.5) times the regular rate in addition to his holiday pay.

11.03 An employee shall not receive holiday pay as outlined in Article 11.01 above if he fails, without good reason, to work his last scheduled shift previous to the holiday or his first scheduled shift after the holiday, or is on layoff or leave of absence for more than three (3) weeks immediately prior to the holiday.

11.04 Should any of the above holidays fall during the vacation period of an employee, he shall be paid for such holiday at the regular rate in addition to his vacation pay.

11.05 Only hours actually worked on a holiday shall be considered as time worked for the purpose of calculating overtime.

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11.06 The Employer shall annually determine and issue a schedule of day observed as the Canada Day statutory holiday not later than May 15th of each year.

The Employer shall annually determine and issue a schedule of days observed as statutory holidays during the Christmas and New Year’s period not later than November 15th of each year.

ARTICLE 12 - SENIORITY AND LAYOFFS

12.01 Seniority is the employee's length of service with the Employer since the employee’s last date of hire. Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their seniority shall be dated back to the date of their last hire.

12.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing, shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.

12.03 Seniority rights cease, and employment shall be considered terminated, for any employee who:

a. voluntarily quits the employ of the Employer;

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b. is discharged and such discharge is not reversed through the grievance procedure;

c. is laid off for a continuous period of more than twelve (12) consecutive months;

d. fails to return to work from lay-off within five (5) workdays after notification of recall to his address on record with the Employer or fails to notify the Employer within two (2) workdays of his intention to return; or

e. is absent from work for two (2) full workdays without notifying the employer and without a justifiable reason for not notifying the employer.

12.04 When the Employer deems it necessary to reduce the workforce, all temporary subcontractors performing bargaining unit work shall be dismissed as per 2.06, 2.07, and 2.08. If further reductions are necessary, all probationary employees shall be laid off before any regular permanent employee. If further reductions are yet necessary, the Employer shall be guided by the following considerations (not necessarily in this order):

a. The Efficiency level of the employee b. The Productivity of the employee c. The Ability of the employee d. Willingness to travel of the employee e. Length of service by the employee

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12.05 As per the Ontario College of Trades (OCOT),

employees who have standing as fifth (5th) year apprentices with completed school terms and hours per apprenticeship contract agreement, shall have twelve (12) months to obtain their certificate of qualification for purposes of this article. Failure to obtain the certificate within that period shall result in the Apprentice being treated as a Journeyman Electrician for purposes of layoffs, unless such failure is due to the unavailability of spaces in trade school.

12.06 Notice of Layoff a. The Employer shall give one (1) week's notice of

layoff or one (1) week of pay in lieu thereof to any employee who has accumulated five (5) or more years of seniority as at the date of layoff.

b. The Employer shall not be required to give one (1) week's notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's operation.

12.07 Any grievance in regard to a layoff must be taken up under the first step of the grievance procedure within three (3) workdays after the employee was given notice of the layoff.

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12.08 Any employee laid off and recalled for work must return within two (2) workdays when unemployed and within five (5) workdays when employed elsewhere after being recalled or make definite arrangements with the Employer to return in a timeframe that is acceptable to the Employer.

12.09 Any employee who has been in the employ of the Employer for less than one year, and who voluntarily quits the employ of the Employer shall give at least one (1) week's notice to the Employer to enable the Employer to hire adequate replacement. An employee who has been in the employ of the Employer for one (1) year or more shall give two (2) weeks’ notice.

ARTICLE 13 - HEALTH INSURANCE and PENSION PLAN

13.01 In order to protect the employees and their families from the financial hazards of illness and accidents, the Employer agrees to contribute the following for all employees who have accumulated six months of seniority. The eligibility period shall be reduced to three (3) months for new hires that have completed at least three (3) months of service with another CLAC Employer within the previous twelve (12) months.

One hundred percent (100%) of the premium cost of a group insurance plan (currently Great West Life

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Policy Number 162288) which provides, among others, the following benefits:

Employee life insurance in the amount of $50 000, and dependent life in the amount of $10 000 for spouse and $5000 for each dependent child;

Employee Accidental Death and Dismemberment coverage in the amount of $25 000;

Extended health care, including:

a prescription drug card with a deductible equal to the dispensing fee, out-of-country coverage;

licensed practitioner services in the amount of $500 per calendar year; and

dental care with a $25 individual/$50 family deductible, providing 100% coverage for Basic and Supplementary Basic services at ever-current ODA rates.

Long-Term Disability at 66.7% of the employee’s first $2250 of monthly earnings, plus 50% of any excess amount, to a maximum of $4000, with a 120-day qualifying period.

Where an employee continues to work after having reached age 65, they shall continue to receive the health insurance benefits outlined in this article, with the exception of Long-Term Disability (which ceases

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in full at age 65) and life and accidental death/dismemberment insurance coverage which shall reduce by 50% at age 65. All benefit coverage ceases in full upon an employee turning 70.

13.02 The Employer may choose the insurance carrier to provide coverage of the group insurance plan. However, prior to a change in carriers being implemented, the Union shall be notified and shall have the right to examine the policy contract of the proposed new carrier. Any change in coverage, terms and conditions shall be subject to mutual agreement.

13.03 In the event of any interruption of work for any reason, other than sickness or accident, the Employer agrees to continue to pay its share of the premiums in accordance with the schedule in 13.01 (with the employee to pay his proportionate share (where applicable)) for the insurances outlined in Article 13.01 for the following months in addition to the month during which the interruption of work occurred:

Seniority to less than 5 years 1 month

5 - 10 years seniority 2 months

10 years or more seniority 3 months

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13.04 a. In the event of sickness or accident, the

Employer agrees to continue to pay its share of the premiums in accordance with the schedule in 13.01 (with the employee to pay his proportionate share (where applicable)) for all insurances outlined in Article 13.01 for a period of three (3) months. In case of sickness, the employer may require a doctor's certificate in order to continue to pay the premiums.

b. In the event of sickness, injury or accident as recognized under the Workplace Safety and Insurance Act, the Employer agrees to continue to pay its share of the premiums in accordance with the schedule in 13.01 (with the employee to pay his proportionate share (where applicable)) for the benefits outlined in Article 13.01 (Life Insurance, Accidental Death and Dismemberment, Health Benefit Plan, Dental and Long Term Disability) for a period up to and including twelve (12) months from the date of the incident and based upon the levels of benefits in effect prior to the date of incident. In addition, the Employer shall continue to pay its share of contributions towards the Pension Plan for the same period of time and at the same level as prior to the injury.

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13.05 The Employer shall continue to pay its share of the premiums in accordance with the schedule in 13.01 (with the employee to pay his proportionate share (where applicable)) for apprentices while they are in school. The apprentice must pay his share of the contributions for the duration of his schooling prior to coverage being implemented or continued.

13.06 In all of the above cases, Employer contributions are contingent upon an employee maintaining, where applicable, his share of contributions.

13.07 Where any employee has opted for family coverage and the employee loses his life while in the employ of the Employer, the Employer shall pay 100% of the health benefit premiums for the covered spouse and covered family members for a period of one (1) year subject to and in accordance with the express provisions of the health benefit insurance plan.

13.08 PENSION PLAN: All employees covered by this agreement shall participate or shall continue to participate in the existing JMR registered pension plan in accordance with the Plan’s express terms and conditions and in accordance with the following table of contributions:

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Effective Jan. 1, 2017

Length of Service

Employer

Contribution

(% of gross wages)

Employee

Contribution

(% of gross wages)

Total

To

Pension

Up to 5 years 5.5 % 3 % 8.5 %

5 years or more,

less than 10 6.25 % 4 % 10.25 %

10 years or more,

less than 15 7% 5% 12 %

15 years or more,

less than 20 7.25% 6% 13.25 %

20 years or more 7.75% 6% 13.75 %

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Effective January 1, 2018

Length of Service

Employer

Contribution

(% of gross wages)

Employee

Contribution

(% of gross wages)

Total

To

Pension

Up to 5 years 5.75 % 3 % 8.75 %

5 years or more,

less than 10 6.5 % 4 % 10.5 %

10 years or more,

less than 15 7 % 5 % 12 %

15 years or more,

less than 20 7.5 % 6 % 13.5 %

20 years or more 8 % 6 % 14 %

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Effective January 1, 2019

Length of Service

Employer

Contribution

(% of gross wages)

Employee

Contribution

(% of gross wages)

Total

To

Pension

Up to 5 years 6 % 3 % 9 %

5 years or more,

less than 10 6.5 % 4 % 10.5 %

10 years or more,

less than 15 7 % 5 % 12 %

15 years or more,

less than 20 7.5 % 6 % 13.5 %

20 years or more 8 % 6 % 14 %

a. The Employer shall deduct by way of payroll deduction and remit to the Plan, voluntary employee pension contributions in addition to those contributions outlined above. A request for such deductions shall be submitted to the Employer in a format provided by the Plan.

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b. All contributions shall be recorded on the Employer’s bi-yearly pension plan summary which summary shall be provided to the Union.

c. All pension statements sent to employees shall be sent by mail or electronic means directly from Great West Life. For clarity, the employer shall not have access to employee’s statements, balances, or account activity. All such information is considered private and confidential.

d. In the event of sickness, injury or accident as recognized under the Workplace Safety and Insurance Act, the Employer shall continue to pay its share of contributions towards the Pension Plan for a period of up to a maximum of twelve (12) months from the date of injury and at the same level as prior to the injury. In all of the above cases, Employer contributions are contingent upon an employee maintaining, where applicable, his share of contributions.

ARTICLE 14 - EDUCATION

14.01 The parties recognize the importance of training employees in their trades, in health and safety, and of training union stewards in progressive labour relations.

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The Employer shall contribute to the Union’s Education and Assistance Fund twenty ($0.20) cents per hour worked for each employee for the duration of this Agreement. Contributions shall be remitted to the Union’s Benefit Administration office, along with an itemized list of employees and hours worked by each, before the 15th day of the month following the month for which the contributions are made.

14.02 The Employer shall grant reasonable unpaid time for union stewards to attend steward training arranged by the union (which time shall not exceed six (6) working days per year). The Employer shall be given at least two (2) weeks’ notice of such training.

14.03 JMR Comprehensive Training Safety Policy Employees shall complete the mandatory requirements of the JMR Comprehensive Safety Training Policy (See Schedule D) to remain eligible for active work. Failure to remain in good standing may result in layoff until such courses are completed. Employees laid off for this reason shall be fully reinstated without loss of seniority upon completion of the training requirements.

14.04 The Employer shall permit for safety training courses

to be scheduled on working days on distance jobsites with an extended schedule during scheduled work hours with the following parameters met but not limited to; course and job site requirements, course

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availability, class size, costing, and coordination through the Employer’s Health & Safety Coordinator. Employees shall be permitted to attend safety training courses held during scheduled work hours on unpaid time.

14.05 Employees who have successfully completed JMR’s Comprehensive Safety Training Policy and remain in good standing (i.e. no expired certificates, as per policy), shall receive a bonus of one hundred fifty ($150) dollars not later than January 30th of each year.

Requirements - as of January 1st each year:

Employees must have completed a minimum of two years of service to be eligible

All courses in the policy must be successfully completed in good standing

All course certifications are valid and not expired

The first payment of bonus under this policy will occur in January of 2018.

14.06 Training – Stipend

Employees who attend a two-day training course listed in the JMR Comprehensive Training Policy shall be paid one hundred ($100/course) dollars by the Employer. The course must be completed in good standing.

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14.07 Basics of Supervision Training

The Employer shall ensure that all employees designated as Lead Hand, Foreman, or Senior Foreman by the Employer shall attend a Basics of Supervision course not later than three (3) months from commencing the designated role. Employees shall attend the course on paid time. Paid time for the course shall be paid out as straight time and not used in the factoring of overtime.

ARTICLE 15 - INDUSTRY FUND

15.01 The Employer shall contribute and remit an amount equal to seventeen cents ($0.17) per hour worked to the Union’s Industry Fund for each hour worked by each employee covered by this agreement.

Effective January 1, 2018 this amount shall be eighteen cents ($0.18) per hour.

Effective January 1, 2019 this amount shall be nineteen cents ($0.19) per hour.

The Industry Fund shall be used by the Union for the promotion of the industry, to promote unionized construction, and for other purposes as determined by the Union to strengthen the position of the Union and its members in the industry.

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The total amount owing shall be remitted monthly to the Union by the 15th of the month following the month for which the contributions were made. Contributions shall be itemized separately on the remittance form.

ARTICLE 16 - TRAVEL TIME AND OUT OF TOWN ALLOWANCE

16.01 There shall be a “free zone” within a thirty-five (35) kilometre radius of the Employer’s Exeter shop. No travel time will be paid to and from jobs located in the free zone.

16.02 Travel from the Exeter Shop For jobsites located outside of the “free zone” from the employer’s shop (as determined by Google Map set for shortest driving distance).

All time spent travelling from departure from the

Exeter shop to arrival at the jobsite shall be paid time.

All time spent travelling from the jobsite to return at the employer’s shop shall be unpaid time.

Employees shall be paid a travel allowance for all daily travel time at their regular hourly wage rate.

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Travel time shall be determined by use of Google Maps as set for the shortest driving distance from the employer’s shop to the jobsite. Use of toll roads shall not be considered.

Travel time shall be rounded to the nearest quarter hour.

If an employee has arranged to be picked up in a company work vehicle as approved by management, the employees travel shall be calculated using 16.06.

16.03 All time spent travelling to a jobsite shall be paid based on the regular rate of pay and shall not be considered as time worked for the purpose of calculating overtime.

16.04 If an employee is required by the Employer to use his personal vehicle for transportation in between job-sites, the employee shall be paid forty-five cents ($0.45) per kilometre for all kilometres driven upon submission of a proper expense claim.

16.05 If an employee is requested by the Employer to use his personal vehicle for transportation to or from a job-site, in addition to payment eligible under Article 16.03, the Employer shall also reimburse the employee for fuel purchases upon submission of receipts accompanying a proper expense claim. For greater certainty, an Employee shall not be entitled to

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mileage expense where the employee chooses to use his personal vehicle for transportation to and from a job site.

16.06 Travel from Residence Where an employee’s residence is closer to a jobsite than is the Employer’s shop, the employee may decide to travel directly to that jobsite by means of their own transportation. All travel arrangements must be communicated to management and agreed to by management.

There is no pay for travel time for reporting to a jobsite located within a “free zone” based on the employee’s place of residence or overnight accommodation. Distance shall be calculated from the employee’s residence or location of overnight accommodation to the jobsite (as determined by Google Map set for shortest driving distance).

Travel pay: For In Town jobsites located outside of a “free zone” measured from the employee’s residence or location of overnight accommodation to the jobsite (as determined by Google Map set for shortest driving distance), the following provisions for travel pay shall apply;

Time spent travelling from departure from the

employee’s place of residence or location of

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overnight accommodation to arrival at the jobsite shall serve as the basis for the calculation of travel time.

Twenty (20) minutes (based on a 35 km free zone) shall be deducted from the drive time.

The resulting drive time shall be rounded to the nearest quarter hour and paid as travel time.

All time spent travelling from the jobsite to

return at the employee’s residence shall be unpaid time.

Employees shall be paid travel allowance for all

daily travel time at their regular hourly wage rate.

Travel time shall be determined by use of Google

Maps as set for the shortest driving distance from the employee’s place of residence or location of overnight accommodation to the jobsite. Use of toll roads shall not be considered.

Travel time shall be rounded to the nearest

quarter hour.

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Paid travel time shall not exceed the calculated travel time from the employer’s Exeter shop to the jobsite.

Travel pay: For Out of Town jobsites located outside of a “free zone” measured from the employee’s residence or location of overnight accommodation to the jobsite (as determined by Google Map set for shortest driving distance), the following provisions for travel pay shall apply;

To qualify for the out of town jobsite travel pay,

the travelling employee must draw subsistence allowance and stay in overnight accommodation provided by the employer.

All time spent travelling from departure from the

employee’s place of residence or location of overnight accommodation to arrival at the jobsite shall be paid time.

All time spent travelling from the jobsite to return at the employee’s residence shall be unpaid time.

Employees shall be paid travel allowance for all daily travel time at their regular hourly wage rate.

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Travel time shall be determined by use of Google Maps as set for the shortest driving distance from the employee’s place of residence or location of overnight accommodation to the jobsite. Use of toll roads shall not be considered.

Travel time shall be rounded to the nearest

quarter hour.

Paid travel time shall not exceed the calculated travel time from the employer’s Exeter shop to the jobsite.

16.07 Employees shall be obligated to travel together as

much as possible to eliminate unnecessary usage of company vehicles.

16.08 Subsistence Allowance a. The Employer shall provide mutually acceptable

accommodation and a subsistence allowance of thirty-seven dollars ($37.00) dollars for each day (paid holidays included) on out-of-town jobs where the employees are required to stay overnight.

Effective January 1, 2018 this amount shall be thirty-eight dollars ($38.00).

Effective January 1, 2019 this amount shall be forty dollars ($40.00).

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b. For out of town jobs calculated by Google Maps set for shortest route to be 500 km to 699 km distance from the Employer’s shop in Exeter, the subsistence allowance shall be forty-five dollars ($45.00) per day.

c. For out of town jobs calculated by Google Maps set for shortest route to be 700 km or greater distance from the Employer’s shop in Exeter, the subsistence allowance shall be forty-seven dollars ($47.00) per day.

Effective January 1, 2018 this amount shall be forty-eight dollars ($48.00).

Effective January 1, 2019 this amount shall be fifty dollars ($50.00).

d. Subsistence allowance shall be paid by direct deposit into each employees bank account for the previous week worked, no later than the following Tuesday, baring bank holidays. Effective March 1, 2017, employee pay stubs shall be delivered by email to employees. Should any employee have difficulty with accepting pay stubs by email, they shall notify management to make alternative arrangement for delivery of pay stubs.

e. Subsistence allowance stated through clauses b. and c. above shall be based on working a

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distance schedule as defined through 9.04. If an employee travels directly from their residence to the jobsite, they shall qualify for the same subsistence allowance of that project if they work they same distance schedule. For employees who work on site but work a schedule of a shorter and different duration than the agree distance schedule through 9.04, they shall qualify for subsistence allowance per clause a. or as otherwise agreed.

16.09 Effective January 1, 2017, all purchases of work vehicles for the transportation of employees shall be equipped with working air conditioning systems.

16.10 The employer shall provide a gas card for fuel purchase for each workplace vehicle travelling to distance jobsites. The gas card shall be entrusted to the foreman, lead hand, or other designated person as approved through management. All persons assigned a gas card shall sign to acceptance of the company’s fuel card policy. Receipts for fuel purchases under the card must be submitted to management in accordance with the company fuel card policy.

16.11 It is recognized that there may be situations where the parties have to waive all or part of this Article in order to successfully acquire work through the competition process. It is understood that such a

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waiver can occur for a specific job only if both parties have mutually agreed upon this course of action in writing ten (10) days prior to the commencement of the job.

ARTICLE 17 - TOOLS, BOOTS, and EQUIPMENT

17.01 All tradesmen shall supply their own hand tools, as per the tool list attached to this agreement. Consumable items (e.g. drill bits) shall be replaced by the Employer.

Employees may store tools not often used away from the jobsite (i.e. at employee’s residence). With site coordination, the employee must have tools available for use.

JMR shall provide timely transportation of employee job boxes and tools from work areas to new work sites. Employees shall ensure that their personal tools are properly labelled with their name and project destination.

JMR shall provide adequate and secure storage space for tools on sites, subject to space restrictions set by the General Contractor.

It is the responsibility of the employee to provide insurance coverage for personal tools under their own policy coverage. In the event of theft of employee personal tools, if proved forced

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entry is evident JMR shall reimburse the insurance deductible up to a maximum of two hundred ($200) dollars.

17.02 Tool and Safety Allowance The Employer agrees to reimburse all employees who have completed probation, an allowance each calendar year of two hundred seventy-five ($275) dollars for the purchase of work-wear, safety footwear, PPE (harness, lanyard, prescription safety glasses) tool insurance premiums, or tools (including batteries). Unclaimed tool allowance amounts will not be carried over to the following year(s).

Effective January 1, 2018 this amount will be three hundred dollars ($300.00).

Employees who have completed their probationary period and who become eligible mid-year shall have the annual amount pro-rated.

Reimbursement Claims To claim for reimbursement, an employee must submit a receipt in the month of January as proof of purchase of work-wear, safety footwear, safety harness, or tools in the previous year.

If not submitting an original receipt, the photocopy must include the employee’s name as clearly printed on the original receipt prior to making the photocopy.

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Claims for reimbursement must be submitted no sooner than January 1 and no later than January 31 of each year. Late submissions will not be accepted.

The employer will issue a reminder notice in early January to employees as notice to submit for reimbursement.

Reimbursement will be issued no later than February 28.

Reimbursement will only be issued for receipts received.

17.03 Interest –free loan for tools Employees may request an interest-free loan from the Employer with the purchase of tools. The Employer shall grant such requests. A loan amount or balance shall not exceed five hundred ($500) dollars. The loan shall be re-paid on the basis of twenty-five dollars ($25.00) per pay period withheld from employee wages. Employees requesting such loan assistance are deemed to have granted permission to withhold such repayment in each pay period from regular wages. In the event that active employment is concluded and a loan balance remains, the Employer may withhold an amount equal to the loan balance from the final regular wages of the employee.

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17.04 The Employer shall provide employees with any and all legally required safety related equipment and legally required permits required for work performed by employees except for safety footwear and Class A safety harness and lanyard. All such provided equipment will remain the property of the Employer.

Employees shall provide their own Class A safety harness and lanyard at the beginning of the third term of apprenticeship. Employer shall provide Class A safety harnesses and lanyards and other classifications of safety harnesses and lanyards in all other circumstances.

ARTICLE 18 - LEAVES OF ABSENCE

18.01 The Employer shall grant leaves of absence without pay and without loss of seniority rights for the following reasons for a maximum period of two (2) weeks:

a. marriage of the employee, with the understanding that no combination of unpaid leave of absence and vacation may exceed two weeks during the summer period of July 1 to Labour Day;

b. serious illness of the employee or a member of his immediate family;

c. death in the immediate family; or

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d. any other reason agreed between the parties.

The Employer may grant further leaves of absence without pay and without loss of seniority rights in appropriate circumstances and at its discretion.

18.02 The above shall not preclude extensions for personal illness where it is established in an application prior to the expiration of the leave of absence that such request for extension is justified.

18.03 The immediate family in this Article shall mean: designated spouse or child. Designated spouse means either a spouse by marriage or common law. Relatives include those related by marriage and/or adoption.

18.04 If an employee is bereaved of a member of his immediate family, the employee shall be granted a five (5) day leave with pay to make arrangements for and to attend the funeral. Pay shall be for days that the employee would normally have worked.

18.05 If an employee is bereaved of a parent, he shall be granted a three (3) day leave with pay to make arrangements for and to attend the funeral. Pay shall be for days that the employee would normally have worked.

18.06 An employee who has completed the probationary period and is bereaved of a brother, sister,

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grandchild(ren), mother-in-law, father-in-law, grandparent, sister-in-law, brother-in-law, daughter-in-law, or son-in-law, shall be granted a leave of absence of one (1) day with pay for time lost from regular work plus up to an additional two (2) unpaid days at the discretion of the employee. The days granted shall be in conjunction with the day of death and the days surrounding the funeral and burial, as well as the settling of the estate.

18.07 If a request to attend a visitation or a funeral is made by an employee, the request shall not be unreasonably withheld by management. The employee shall arrange their own transportation.

ARTICLE 19 - SAFETY AND LEGISLATION

19.01 The parties are committed to safe work sites, practices, and policies. An employee may be disciplined for violating safety requirements and the Union may grieve the failure to provide safe work sites or equipment.

19.02 The parties agree to abide by all relevant legislation and accompanying regulation, on matters including but not limited to health and safety, human rights, and employment standards.

19.03 The parties agree to work together to foster a respectful work environment.

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19.04 Employees are required to follow JMR Policies and Procedures, which can be found for reference at the JMR Head Office/Shop and in JMR Site Trailers. Additionally, JMR Policies and Procedures shall be distributed to each employee.

Failure to comply with JMR Policies and Procedures may result in discipline covered under Article 22 of the collective agreement.

ARTICLE 20 - GRIEVANCES

20.01 The parties to this Agreement recognize the Stewards and the CLAC representatives specified in Article 3 as the agents through which employees shall process and settle their grievances.

20.02 No employee shall file a grievance until he has brought his concern to the attention of his supervisor and given the supervisor a reasonable opportunity to address the concern.

20.03 Any employee having a single grievance will:

STEP 1 · The Union shall submit the grievance (in writing) to his immediate supervisor within five (5) workdays of the act or condition causing the grievance. This supervisor will deal with the grievance not later than the third (3rd) workday following the day upon which the grievance is

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submitted and will notify the grievor and the Union representative of his decision in writing.

STEP 2 · If the grievance is not settled under Step 1, a Union representative may, within five (5) workdays of the decision under Step 1, or within five (5) workdays of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the Step 2 grievance has been filed. The Employer shall notify the grievor and the Union representative of his decision in writing within three (3) workdays following the meeting.

20.04 A group grievance is defined as a single grievance, signed by a Steward or a CLAC representative, on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.

20.05 The Employer or the Union shall not be entitled to pursue or process single or group grievances which arise out of any action or condition more than five (5) workdays after the subject of such grievance occurred unless the parties have agreed in writing to extend the time limits. An arbitrator shall not have jurisdiction to amend or extend these timelines. Section 48(16) of the Ontario Labour Relations Act

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does not apply. If the action or condition is of a continuing or a recurring nature, this limitation period shall not begin to run until the action or condition has ceased. At no time may an employee or group of employees file a grievance on behalf of another employee.

20.06 A policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable. A policy grievance may be submitted starting at Step 2. Such policy grievance shall be signed by a Steward or a CLAC representative or, in the case of an Employer's policy grievance, by the Employer or his representative.

ARTICLE 21 - ARBITRATION

21.01 If the parties fail to settle the grievance via the procedure in Article 20, the grievance may be referred to arbitration under the following procedure.

21.02 The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure or where no decision is received within fourteen (14) days of when the decision should have been received. No grievance shall be submitted to arbitration after such

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deadline unless the parties have agreed in writing to extend the deadline for a matter to proceed to arbitration.

21.03 If a notice of desire to arbitrate is served, the two parties shall each provide a list of three (3) nominees to each other to sit as sole arbitrator within seven (7) days of service and notify the other party of the name and address of its nominees. The two parties shall attempt to select, by agreement, a sole arbitrator. If they are unable to agree upon a sole arbitrator within seven (7) days, either party may request the Minister of Labour to appoint a sole arbitrator.

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

21.05 Notices of desire to arbitrate and of nominations of an arbitrator shall be served personally or by verifiable fax. If served by registered mail, the date of mailing shall be deemed to be the date of service.

21.06 If a party refuses or neglects to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings and, if the party in default refuses or neglects to suggest or agree to an arbitrator in accordance with Article 20.03, the party not in default may request the Ministry of Labour to appoint a single arbitrator to

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hear the grievance and his decision shall be final and binding upon both parties.

21.07 It is agreed that the arbitrator shall only have jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article 20 and 21 where the default was owing to an agreement in writing to alter the time limits.

21.08 An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay calculated at hourly rates times normal working hours, day rates times normal workdays or average earnings, less any monies earned or by any other arrangement which is just and equitable in the opinion of the arbitrator unless the arbitrator determines that a return to the workplace is inappropriate in the particular circumstances in which case the arbitrator can craft another appropriate remedy.

21.09 Where the arbitrator is of the opinion that there is proper cause for disciplining an employee but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the arbitrator may substitute a penalty which is, in its opinion, just and equitable except in such circumstances where the Collective Agreement specifies the specific penalty to be imposed..

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21.10 Each of the parties will jointly bear the expense of the arbitrator.

21.11 The arbitrator shall not have any power to alter or change any of the provisions of this Agreement, nor to substitute any new provisions for any existing provisions, nor to give any decisions inconsistent with the terms and provisions of this Agreement.

21.12 Despite the arbitration provision contained in this collective agreement, a party to the collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable.

ARTICLE 22 - DISCHARGE, SUSPENSION AND WARNING

22.01 The Employer shall follow the principle of progressive discipline when issuing discipline to employees; however, this does not prevent the Employer from issuing significant discipline when the offence warrants it, regardless of whether prior discipline was issued to that employee.

22.02 As the first step of disciplinary action, the Employer or his representative may orally discuss the matter of

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concern with the employee. Where further disciplinary action is required, such discipline shall be placed in writing, with a copy to the employee and another copy to the Union’s regional office.

22.03 An employee may be disciplined, suspended or discharged for just cause by the Employer. Within five (5) workdays following suspension or discharge, the employee shall submit and commence the grievance at Step 2 of the grievance process.

ARTICLE 23 - GENERAL and MISCELLANEOUS

23.01 Lunchroom: on jobsites where adequate facilities are not already present, the Employer may, where the duration and size of the job economically justifies the expenditure, provide a properly heated and maintained shelter to be used as a lunch room. Where lunchrooms have been provided, employees shall be responsible to keep the area clear of garbage, recyclables, and damage.

23.02 Dirty Jobs: when it is mutually agreed that a job is excessively dirty, the Employer shall make coveralls and gloves available to the employees, who shall return them at the completion of the job. The coveralls shall be cleaned as required by the Employer. Dirty jobs shall be defined as those in which there is excessive carbon black, metal dust, grease, oil, or chemicals.

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23.03 Clean-Up: on all jobs, employees shall be allowed reasonable time necessary prior to the normal workday quitting time in order to put away personal tools and Employer equipment, and clean up. Clean up shall include, but is not limited to; cleaning of work area, placing garbage and recyclables in designated containers, organizing or replacing materials back in designated material storage, placing tools in secure location as directed. Failure to comply may result in discipline.

23.04 Medical Certificates: where the Employer requires that an employee provide the Employer with a medical certificate or note, the Employer shall reimburse the employee for any fee charged by the medical practitioner for the production of such a certificate or note.

ARTICLE 24 - DURATION

24.01 This Agreement shall be effective as of the first (1st) day of January, two thousand seventeen (2017) and shall remain in effect until the thirty-first (31st) day of December, two thousand nineteen (2019). For greater certainty, no amounts, rights, obligations, payments or benefits specified under this agreement are earned or payable retroactively and shall only commence upon the date of execution of this Agreement.

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24.02 It is agreed that written proposals of changes desired by either party be presented to the other party at least thirty (30) days prior to the expiration date of the contract whenever this is possible.

Signed at Exeter, Ontario this 2nd day of January, 2017

For the Employer: For the Union:

(signatures on file) (signatures on file)

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SCHEDULE A - WAGES

CLASSIFICATIONS AND HOURLY RATES

Base Hourly Wage Rate

January 1,

2017

January 1,

2018

January 1,

2019 Journeyperson $34.50 $35.00 $35.60

Lead Hand $35.50 $36.00 $36.60 Foreman $36.50 $37.00 $37.60 Sr. Foreman $38.00 $38.50 $39.10

In-Town: Journeyperson Hourly Rate

Wage VP Stats Pen HCB E&A IF Tool/Boot Total Jan 1 2017 34.50 2.33 1.47 2.67 2.00 0.20 0.17 0.14 $43.48 Jan 1 2018 35.00 2.36 1.49 2.80 2.06 0.20 0.18 0.15 $44.24 Jan 1 2019 35.60 2.49 1.51 2.85 2.12 0.20 0.19 0.15 $45.11

Out of Town (4 Day): Journeyperson Hourly Rate

Wage VP Stats Pen HCB Sub

Allow E&A IF Tool/Boot Total Jan 1 2017 34.50 2.33 1.47 2.67 2.00 3.36 0.20 0.17 0.14 $46.84 Jan 1 2018 35.00 2.36 1.49 2.80 2.06 3.45 0.20 0.18 0.15 $47.69 Jan 1 2019 35.60 2.49 1.51 2.85 2.12 3.64 0.20 0.19 0.15 $48.75

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Out of Town 500-699km Journeyperson Total Wage Rate

Wage Prem VP Stats Pen HCB

Sub Allow E&A IF

Tool/Boot Total

Jan 1 2017 34.50 1.50 2.43 1.47 2.70 2.00 5.11 0.20 0.17 0.14 $50.22 Jan 1 2018 35.00 1.50 2.46 1.49 2.92 2.06 5.11 0.20 0.18 0.15 $51.07 Jan 1 2019 35.60 1.50 2.60 1.51 2.97 2.12 5.11 0.20 0.19 0.15 $51.95

Out of Town +700km Journeyperson Total Wage Rate

Wage Prem VP Stats Pen HCB

Sub Allow E&A IF

Tool/Boot Travel Total

Jan 1 2017 34.50 2.50 2.50 1.47 2.78 2.00 5.07 0.20 0.17 0.14 0.85 $52.18 Jan 1 2018 35.00 2.50 2.53 1.49 3.00 2.06 5.18 0.20 0.18 0.15 0.85 $53.14 Jan 1 2019 35.60 2.50 2.67 1.51 3.05 2.12 5.40 0.20 0.19 0.15 0.85 $54.24

Note: For items other than wages, the above charts are for reference only. The applicable article of the collective agreement should be viewed for specific information on level of vacation pay, statutory holiday pay, pension, Health Care benefits, Education and Assistance Fund, Industry Fund, Tool Allowance, and Subsistence Allowance.

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Apprentices Apprentices shall be paid no less than the applicable percentage of the Journeyman rate, in accordance with the Regulations issued under the Apprenticeship and Certification Act, 1998. Apprentices shall be paid in accordance in the following pay ranges based on skill, technical development, attitude and commitment (the “Apprentice Range”). At no time shall the wage rate of an apprentice be less or more than the appropriate apprentice term range as shown below:

Term

(minimum % of Journeyperson

Rate)

Range

Effective Jan. 1, 2017

Range

Effective Jan. 1, 2018

Range

Effective Jan. 1, 2019

1st 40% 13.80 - 15.00 14.00 – 15.20 14.24 – 15.44

2nd 50% 17.25 – 18.45 17.50 – 18.70 17.80 – 19.00

3rd 60% 20.70 – 21.90 21.00 – 22.20 21.36 – 22.56

4th 70% 24.15 – 25.35 24.50 - 25.70 24.92 – 26.12

5th 80% 27.60 – 28.80 28.00 – 29.20 28.48 – 29.68

Apprentices shall be indentured as soon as possible after hiring. Apprentices are sponsored from the employer through the Ministry of Training, Colleges and Universities and the guidelines set forth in the contract. Apprentices must become a member and register with the Ontario College of Trades as

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identified through their contract in line with Ontario regulations.

Students, Co-op Students, and Labourers

Probationary employees: shall be paid at a rate set by the Employer according to experience and ability to do the work, but such rate shall not be below eighty percent (80%) of the applicable post-probationary rate. A probationary employee who is a licensed journeyman shall be paid ninety percent (90%) of the Journeyman rate during probation, unless the parties agree otherwise.

January 1,

2017

January 1,

2018

January 1,

2019

Student 11.65 11.80 11.95

College Co-op Student Equal to 1st term

apprentice

Equal to 1st term

apprentice

Equal to 1st term

apprentice

Labourer 16.20 16.40 16.60

Intermediate Labourer

19.50 19.75 20.00

Skilled Labourer 22.00 22.50 22.75

Highly Skilled Labourer

26.50 26.75 27.00

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Students A student is an employee who is enrolled in secondary or post-secondary studies and is employed only for the summer vacation period or other school breaks or employed on a part-time or casual basis during the school year, or is a person participating in a co-op program through a secondary or post-secondary educational institution, unless otherwise mutually agreed by the parties.

Lead Hand A Lead Hand is an employee who has been appointed as such by the Employer, due to the employee’s exceptional skill and/or leadership ability.

Working Foreman A Working Foreman is an employee who has been appointed as such by the Employer. A Working Foreman normally is one who has limited experience and responsibility for a relatively small group of employees, or a relatively small job, or is working under the supervision of a Senior Working Foreman.

Senior Working Foreman A Senior Working Foreman is an employee who has been appointed as such by the Employer. A Senior Working Foreman normally is one who has significant experience and responsibility for a larger group of employees, or for the supervision of Working Foremen, or relatively large or complicated jobs.

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Premiums The following premiums shall be paid once per year, at the pay period immediately prior to Christmas:

Positon Current

Premium

New Premium Effective Jan 1,

2018 *

Master $500 $1000

Backflow $500 $500

Gas G-1 $1000 $2000

Gas G-2 $500 $750

Gas G-3 $250 $250

Medical Gas $0 $500

JH&SC $500 $500

Union Steward $0 $500

* First payment of new premium levels to occur in Dec, 2018 These premiums shall be paid to employees who have the valid licenses or certificates and who use the associated skills or knowledge in the course of their duties for the Employer. An employee who intends to obtain the above licenses or skills shall first discuss this with the Employer in order to determine whether the Employer will be able to make use of those skills.

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Any employee who earns a license or certificate during the year will have the appropriate premium pro-rated for the portion of the year during which he held the license or certificate. Working Foreman Bonus System The Employer shall maintain the Working Foreman Bonus System that was in place at the time of the union’s original certification (April 12, 2007). No changes to that system shall be made without the mutual, written agreement of the parties. Legislation and Regulation Should any government legislation or regulation increase rates contained in this Agreement, the Agreement’s rates shall automatically conform.

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SCHEDULE B – REQUIRED TOOL LISTS

REQUIRED TOOL LIST - ELECTRICAL EMPLOYEES

1st Year Apprentice Tool Box and Pouch Strippers Side Cutters Linesman’s pliers Screwdrivers set-Flat, Robbie’s, Phillips, etc.. Claw Hammer Channel Locks, Water Pump Pliers 25’ Measuring Tape (combination metric and imperial) Needle nose Pliers File 9” Torpedo Level Cordless Drill Hack Saw Drywall Saw Live Electrical “BUZZ” Tester

2nd Year Apprentice All of the above plus the following: 10” Cold Chisel Allen Wrench Set Nut Driver Set Aviation snips – red, yellow, green

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Knockout Punch Set (1/2”-2”) Flash Light SDS Hammer Drill - cordless or corded

3rd Year Apprentice All of the above plus the following: Hole Saw Kit Cat 3 Clamp on Multi Meter Box end Wrench Set

4th Year Apprentice All of the above plus the following: Socket Set 9’’ Cable Cutters ELECTRICAL JOURNEYPERSONS Electrical Journeypersons are expected to maintain the above required tools and a current year copy of the Code book. Employees reporting for work without the required tools may be subject to discipline.

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REQUIRED TOOL LIST - PLUMBING EMPLOYEES 1st year Apprentice Tool Box Pliers 9” Torpedo Level 25’ Measuring Tape (combination metric and imperial) Screw Driver Set-Flat, Red, Robbie’s, Phillips Nut Drivers Set Claw Hammer Knife Mini Copper Cutters 1/2” – 1 5/8” Copper Tube Cutters Striker Dry Wall Saw Cordless Drill File Adjustable Wrench Combination Wrench Set 10” Cold Chisel Hacksaw 2nd Term Apprentice All of the above plus the following: 18” Pipe Wrench 24” Pipe Wrench 2’ square Plum bob Allen key set (Metric and Imperial)

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Vice Grips Linesman Pliers, Side Cutters Aviation Snips-red, yellow, green Mini Sledge Flashlight Copper Cutters up to 2 5/8” Basin Wrench Speed Wrench Set SDS Hammer Drill - cordless or corded 3rd Term Apprentice All of the above plus the following: 2’ Level Pry Bars Socket Set Needle Nose Pliers

4th year Apprentice All of the above plus the following: 15/16 wrenches 1 1/8” wrenches Copper Cutters Up to 3” Hole Saw Kit Speed Bits Chalk Line

PLUMBING JOURNEYPERSONS Plumbing Journeypersons are expected to maintain the above required tools and a current year copy of the Code book.

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Employees reporting for work without the required tools may be subject to discipline.

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REQUIRED TOOLS - SHEET METAL EMPLOYEES 1st year Apprentice Tool box or pouch Aviation snips-red, yellow, green Tanners hammer Screw driver set – Flat, Robbie’s, Phillips, etc. 5/16” nut driver ¼” nut driver 9/16” combination wrench 9/16” deep socket cw/3/8” drive ratchet 25’ measuring tape (combination metric and imperial) Hacksaw Cordless Drill 2nd year Apprentice All of the above plus the following: Bull snips 6” pliers 12” adjustable wrench 8” vice grip 10” C-clamp Scratch awl 9” torpedo level Utility knife Small sledge hammer 10” Cold chisel Grinder-electric or cordless

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Flash light SDS Hammer Drill - cordless or corded 3rd year Apprentice All of the above plus the following: Crimpers 10” channel lock pliers Drywall saw 14” dividers Pop rivet gun Double bar marking gauge Half round file 4th year Apprentice All of the above plus the following: Small triangle square Hex key sets – metric, SAE Duct puller Plumb bob Socket set Combination wrench set 10” C-clamp vice grip (by now you have 2 of each of these) 8” vice grips Electric Shears 5th year Apprentice All of the above plus the following: sheet metal pocket book

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Duct-U-lator Sheet metal fitting stencil

SHEET METAL JOURNEYPERSONS Sheet Metal Journeypersons are expected to maintain the above required tools. Employees reporting for work without the required tools may be subject to discipline.

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SCHEDULE C

Site Agreement (Revised January 2017)

Mental Health Project – Thunder Bay, Ontario

JMR Electric Ltd. and

Construction Workers Union, CLAC Local 53

Effective date: Approximately June, 2015 – December, 2017

As per Article 9.03 of the collective agreement, the following are the site specific terms and conditions for the specific project. SCHEDULE: Crews will be scheduled on a four week “20 and 8” cycle: three weeks on (i.e. 17 days working out of 19 days and travel); one week off (i.e. 8 days off) total of 176 hours worked averaged over four week pay period When there is enough work, crews arrive every other week to form an overlapping, staggered schedule (i.e. A Crew / B Crew)

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Work Schedule Crew A Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Flight 11 11 11 11 11 9

0 11 11.5 11.5 11.5 11.5 9

0 11 11 11 11 2/flight 0

0 0 0 0 0 0 0

Work Schedule Crew B Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Flight 11 11.5 11.5 11.5 11.5 9

0 11 11 11 11 11 9

0 11 11 11 11 2/flight 0

0 0 0 0 0 0 0

WORK HOURS: 176 hours scheduled – averaged over four weeks; no scheduled overtime.

HOURLY PREMIUM: $1.50/hour premium to the regular hourly wage rate for all hours worked. SHUTTLE: The employee marshalling area is the Exeter shop.

JMR will provide shuttle bus service from the Exeter shop to the Toronto airport (no paid parking for employees) and return. An additional pickup point/drop off between Exeter and Toronto to be determined as needed.

JMR will provide shuttle bus service from Thunder Bay Airport to employee residences in Thunder Bay and return. In the

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event shuttle service is not available, JMR will reimburse employees for the expense of cab fare.

FLIGHTS: JMR to provide paid airline flights both ways – departure: Toronto Pearson Airport. Carrier likely to be Westjet or Air Canada

- Departure Sunday afternoon.

- Return flight time an a.m. flight; subject to booking

restrictions and airline operations some flights may be

necessary on the next available flight.

FLIGHT BAGGAGE: Employees shall be reimbursed for checked in luggage. Reimbursement shall include an air carrier charge (currently $25.00 plus tax) for one piece of checked in luggage to Thunder Bay (departure) and an air carrier charge (currently $25.00 plus tax) to Toronto (return) per visit (3 week stint).

If an employee is required to check an additional piece of luggage for hand tools, employees will be reimbursed the air carrier charge. The reimbursement for checked in luggage for tools will be limited to the first visit to Thunder Bay and the last returning flight upon assignment completion.

Employees will be reimbursed in accordance with Article 16.08 providing the original receipt. The receipt must be submitted, or if not submitting the original receipt – a photo copy of the receipt will be accepted providing the employee’s name is clearly identified on the original receipt. The receipt must be

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submitted with the weekly expense forms through the project foreman (as per current practice).

Employees are encouraged to use carry-on luggage to avoid unnecessary costs.

LODGING: 19 nights of accommodations for lodging paid by JMR. This shall be provided as apartment style residence. Apartments shall be double occupancy.

Employees wishing to make living arrangements independent or in lieu of the provided lodging may make such a proposal to JMR management. If agreed upon, the employee will receive financial rental reimbursement the first week of the following month in accordance with 16.08. The rental coverage will not be more than the cost of JMR lodging accommodations but may be less dependent on employee’s rental agreement (lesser of the two, dependent on management review and acceptance). Note that work trucks are also a factor in management decisions.

SET UP LOAN: Employees who have completed probation, may request an advance for set up expenses in Thunder Bay. JMR shall provide an interest free loan under the provisions of Article 17.03.

STORAGE: Storage of additional belongings at place of lodging to be provided if available. There will be secured job boxes on site as well.

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LUGGAGE: Any additional luggage or items can be shipped to site via monthly truck. JMR Electric will not be responsible for lost items.

SITE TRANSPORTATION: JMR shall provide adequate vehicles for safe and efficient local use. JMR will endeavour to provide not less than one vehicle for every five employees on site.

TOOLS: JMR will arrange to ship job boxes and tools to Thunder Bay and their return to Exeter.

TRAVEL REIMBURSEMENT: $150.00 per 3 week cycle to be paid by direct deposit in 3rd week as reimbursement for extra travel expense (tax free benefit).

SUBSISTENCE ALLOWANCE: 19 days paid of Subsistence Allowance per cycle as per collective agreement. Subsistence allowance shall be paid by direct deposit.

PAY and SUBSISTENCE ALLOWANCE STUBS: delivered by email, as usual practice. SUNDAY WORK: If an employee requests to work on a Sunday, pay will be a regular pay rates. If management requests an employee to work on a Sunday, the premium of 1.5x pay for work on Sunday shall apply.

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VOLUNTEERED ASSIGNMENT: Employees may volunteer for the project and express their interest to JMR management. Effort will be made to give preference to those employees volunteering to be assigned to this work project, provided they meet the jobsite requirement as determined by management. NOTICE: JMR will endeavour to provide employees with two weeks’ notice prior to starting on site. ASSIGNMENT: Employees to be assigned to Thunder Bay site a maximum of six continuous cycles (i.e. 6 months) before reassignment elsewhere, providing that there is other available work elsewhere. Reassignment to Thunder Bay site shall not occur until after three months of service on other sites. Such time period limits may be waived by an employee. Foreman and Lead Hands are to determine duration directly with Steve Rasenberg.

VOLUNTARY LAYOFF: employees assigned to Thunder Bay site may decline and alternatively accept a voluntary layoff. A Record of Employment will be issued to such employees stating shortage of work. Choice of voluntary layoff will disqualify employees from extension of health care benefits under article 13.03.

EMERGENCIES: for emergencies (as determined by management), JMR will provide and pay for an immediate return flight.

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DETAINED TRAVEL: In the event that inclement weather suspends travel to site or return to Exeter, JMR will provide overnight accommodations and cover related expenses, equivalent to subsistence allowance. Travelling employees delayed from arriving on site shall not be paid less than four (4) hours of work for the day as per Article 9.07. At the discretion of the employee, hours of work missed can be made up during the work cycle as coordinated.

VACATION: Once each assignment (i.e. during six months) employees may take one week of vacation time in connection with the fourth week of unscheduled work to form a two week period. Such time shall be considered as one week of vacation. If returning to Thunder Bay site, the employee will fly individually and rejoin the crew on its second week of work. This will not disqualify the employee from receiving the full travel expense of $150.

Employees must book such vacation time in advance for approval and arrangements.

JMR endeavours to honour all vacation periods granted to the employee prior to assignment to site. Employees must inform management of such vacation period at the beginning of assignment to the jobsite.

STATUTORY HOLIDAYS: Statutory holidays will normally be observed as per the provisions under Article 11 of the collective agreement. Despite this, on a case by case basis the

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observance of the statutory holiday may be negotiated differently, subject to acceptance and approval by the affected on site crews.

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Site Agreement (Revised January, 2017)

Hawkesbury Hospital – Hawkesbury (Ontario)

JMR Electric Ltd. and

Construction Workers Union, CLAC Local 53

Effective date: December 2014 – October, 2018 (Approx.) As per Article 9.04 of the collective agreement, the following are the site specific terms and conditions for the Hawkesbury Hospital project. SCHEDULE: Crews scheduled on a two week “10 and 4” cycle: Sunday Monday Tuesday Wednesday Thursday Friday Saturday

--

Travel + work =

13.5 max

11.5 11.5 11.5 10.5 8

0 11.5 11.5 3 + travel

home -- -- --

WORK HOURS: Overtime after 88 hours worked – pay averaged over two weeks

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Article 9.09 (i.e. minimum payment per day of 4 hours) is waived to allow for a shortened work day with return travel. The waiver is limited to that scheduled instance. In the event the project work schedule allows as determined by management in coordination with the onsite foremen, the “10 & 4” schedule shall be reduced to a “9 & 5” work schedule providing the following provisions are met (including, but not limited to): site restrictions (by owner or GC), by laws, supervision, and site meetings; The “9 & 5” work schedule shall be coordinated as follows; Sunday Monday Tuesday Wednesday Thursday Friday Saturday

--

Travel + work =

13.5 max

11.5 11.5 11.5 10.5 8

8 11.5 6 +

travel -- -- -- --

HOURLY PREMIUM: $1.00 premium to the regular hourly wage rate for all hours worked.

TRAVEL REIMBURSEMENT: Travel time paid as actual time travelled to site. If travel time exceeds the average travel time of 7.5 hours from departing the JMR head office to site without

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valid reason (i.e. road conditions, traffic), employees will not be paid for the lost time. Total daily hours on “Day One” (travel to site plus work hours on site) shall not exceed 13.5 hours.

Employees will meet at the JMR head office for departure at 4:30 am sharp on the departing Monday.

SUBSISTENCE ALLOWANCE: Dependent upon schedule, ten or nine days paid of Subsistence Allowance per cycle. Subsistence allowance shall be four-five ($45/day) per day as per collective agreement. An employee will not receive the daily subsistence allowance in cases where legitimate reasons for the absence are not established.

LODGING: Dependent upon schedule, nine or eight nights of accommodation are provided by JMR. JMR along with a site foreman will negotiate the best possible rate with JMR Employees’ best interest and job cost factored. Employees wishing to make living arrangements independent of or in lieu of the provided lodging may make such a proposal to JMR management. If agreed upon, the employee will receive financial rental reimbursement the first week of the following month in accordance with 16.08. The rental coverage will not be more than the cost of JMR lodging accommodations but may be less dependent on employee’s rental agreement (lesser of the two, dependent on management review and acceptance).

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Note that work trucks are also a factor in management decisions. SUNDAY WORK: If an employee requests to work on a Sunday, pay will be a regular pay rates. If management requests an employee to work on a Sunday, the premium of 1.5x pay for work on Sunday shall apply. In the event that a 9 and 5 work schedule is in effect, Sunday work shall be a regular rate of pay (no premium pay). SUMMER PERIOD: If a 10 and 4 schedule is being used, for the period of Canada Day to Labour Day, the work schedule may be amended to a 5 day single week period. The decision to implement a 5 day schedule shall be subject to a vote by employees assigned to work at the jobsite. The majority vote shall determine whether to implement a 5 day schedule for the summer period or to remain with the existing schedule. The entire workforce shall work the schedule determined by the majority decision. There shall not be an option for a 5 day work schedule for the summer period in the event that a 9 and 5 work schedule is being followed. STORAGE: Work trucks are travelling to site. Secured job boxes are on site are for JMR and employees tools.

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NOTICE: JMR endeavours to provide employees with two weeks’ notice prior to starting on site. ASSIGNMENT: Employees to be assigned to Hawkesbury site a maximum of 1 year (12 months) before reassignment elsewhere. Reassignment to Hawkesbury site shall not occur until after 6 months on other sites. Such time period limits may be waived by the employee. Foreman and Lead Hands to determine duration directly with Steve Rasenberg. EMERGENCIES: for emergencies (as determined by management), JMR will provide or pay for an immediate return travel. DETAINED TRAVEL: In the event that inclement weather suspends travel to site or return to Exeter, JMR will provide overnight accommodations and cover related expenses, equivalent to subsistence allowance. At the discretion of the employee, hours of work missed can be made up during the work cycle or on Sunday (if approved by management). TRAINING: JMR and CLAC will endeavour to arrange for JMR Comprehensive Training health and safety courses requirements in an area local to Hawkesbury. VACATION: If an employee has been granted vacation time, it is their responsibility to return to the schedule place of work according to the work schedule as coordinated with JMR

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Management. In the event the employers’ operational requirements requires a split shift (i.e. Crew 1 & 2) and there is seating available within the work vans/trucks; JMR where possible will assist in coordinating with the employee, travel to and from the site.

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SCHEDULE D

J.M.R. Electric Ltd.-Comprehensive Safety Training Policy (as developed through the Joint Health and Safety Committee)

Course Course to be Completed By

Expiry Format

Level 1

Worker Awareness

Prior to Start Date

N/A Online

WHMIS

2015

Prior to Start Date

5 years-Internal

Online

Working at Heights

Prior to Start Date

3 Years In-Class

Elevated Work

Platforms

Within 2 months from

Start Date

5 Years-Internal

In-Class

Level 2

Lock Out Tag Out

Within 2 years of Hire Date

5 Years-Internal

In-Class

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Hoisting and Rigging

Within 2 years of Hire Date

5 Years-Internal

In-Class

Asbestos Awareness

Within 2 Years of Hire Date

5 Years-Internal

In-Class

Standard First Aid and

CPR/AED Level C

Within 2 Years of Hire Date

3 Years (Recertification

courses available and

required prior to certificate

expiry)

In-Class

**Arc Flash Training

Within 2 Years of Hire Date

3 Year-Internal In-Class/Online

Level 3

Code Update Course

(ELEC. & PLG., Licensed

Journeyman)

Within 6 months of a

Code Update being released

As Required, In-Class

Supervisors and Lead Hands Only

Basics of Supervising

Within 3 Months of

Starting the role of a

In-Class

(2-Day IHSA Course)

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Foreman or Lead Hand

** Electrical foreman and lead hands only, journeymen are encouraged to participate. Notes:

For Employees working on out of town job sites, JMR will encourage training courses to be offered where the size of the job is warranted.

Compensation for completed training courses shall be paid as per Article 14.03.

Basics of Supervision Training – Refer to 14.05.

Some specific sites/projects may have additional requirements and therefore workers shall be trained in such specific courses prior to commencing that specific work onsite.

All employees shall be required to maintain current certification of training identified.

Additional training as per legislative requirements if required.

If a safety training course has been previously completed prior to the employment of JMR, the safety training card must be reviewed by the company’s Health & Safety Coordinator to meet the company standards and ministry guidelines prior to acceptance of adequate training.

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UNION DUES

Union dues and administrative dues are determined and set by the National Board of Christian Labour Association of Canada (CLAC). Construction Workers Union, CLAC Local 53 is affiliated with CLAC.

At the time of printing this booklet:

- union dues are set at a rate of one and four tenths percent (1.4%) of gross income.

- administrative dues are a one-time paid fee deducted from new hires. The amount deducted shall be equal to one (1) hour’s wage.