collective agreement between: emcon services inc. … · between: emcon services inc. (hereinafter...

COLLECTIVE AGREEMENT

BETWEEN: EMCON SERVICES INC.

(hereinafter called the Employer")

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL UNION 1059

(hereinafter called the "Union")

WHEREAS the parties have agreed to establish a Collective Agreement applicable to the Area Maintenance Contract between Emcon Services Inc. and the Ministry of Transportation (West Region London AMC 2011-12).

AND WHEREAS the parties have agreed on standard language and are desirous to have uniform interpretation and application of the Agreement.

NOW THEREFORE, the parties agree as follow;

Article 1 - PURPOSE

1.01 The purpose of this Collective Agreement is to establish the wages, hours of work and certain other working conditions of the employees under this Agreement and the means by which grievances arising out of the interpretation, application and administration of this Agreement can be disposed of promptly and equitably. In this Agreement, any references to the masculine gender shall include the feminine gender and vice versa

Article 2- RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for a bargaining unit comprised of all employees of the Employer engaged in road maintenance work, including snow removal for the Area Maintenance Contract between Emcon Services Inc. and the Ministry of Transportation (West Region London AMC 2011-12), save and except supervisors and those above the rank of supervisor, I.M.S. Coordinators, Quality Control, Quality Assurance and Infrastructure Technicians, office and sales staff or otherwise covered by an existing Collective Agreement..

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Article 3 - UNION SECURITY

3.01 As a condition of employment, all employees covered by this Agreement shall either be members of, or will apply for membership in, the Union within seven (7) days of employment. It shall also be a condition of continued employment that employees maintain their union membership in good standing subject to probationary period.

3.02 The Employer will deduct such Local Union initiation fees , monthly dues, working dues and assessments as are specified by the Local Union. The Employer agrees to remit such monies deducted with the corresponding names and hours worked to the Secretary-Treasurer of the Local Union before the fifteenth ( 15) day of the month following the month in which the monies were deducted. All contributions, deductions and remittances report shall be sent electronically to the Union and appropriate Funds.

3.03 The Employer shall, when remitting such deductions, submit a list of names and social insurance numbers for and on whose behalf such deductions were made, on one (1) standard reporting form showing all applicable deductions and/or contributions.

3.04 The Local Union agrees to hold harmless and indemnify the Employer against any liability incurred as a result of deductions made under this article.

Article 4- HIRING

4.01 The Employer shall first re-hire former full-time, full-time seasonal, part-time seasonal and on call employees subject to the seniority provisions in Article 6 of this agreement.

4.02 Any positions that are still open after the employer has exercised the provisions of Article 4.01 will be posted for a period of forty-eight ( 48) hours at the Union Hall.

4.03 Any positions that remain open after the posting required in Article 4.02 may be filled by the Employer from external sources.

4.04 All employees shall require a referral slip from the Union before commencing work. Such referral slips shall not be unreasonably denied.

4.05 Any positions that are open will be posted internally on every yard's applicable to Article 2.01 Bulletin Board for 5 consecutive days. The employer shall notify by email or telephone all Seasonal Employees who may be laid-off before the Employer calls the Union as per Article 4:02. It will be the responsibility of the employees to keep their contact list updated with the employer. Note: The Union will supply the Initial list of emails and phone numbers.

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(a) Employees wishing to apply for the posted job vacancy must do so in writing. In filling a job vacancy, candidates will be evaluated based on skill, competency and ability. When candidates are considered equal in skill, competency and ability, seniority will be the determining factor.

(b) If a promoted employee is unable to perform the duties required of his new classification within a 7 day period, he/she shall have the right on his/her own choosing to return to his former job classification.

Article 5- PROBATIONARY PERIOD

5.01 All newly hired employees shall serve a probationary period of 240 worked hours with no benefits of any kind.

5.02 Returning seasonal employees who have not completed their probationary period must do so. Returning seasonal workers will not have to re-serve a probationary period unless they are assuming a new role or position. In this case they will serve a thirty (30) calendar day familiarisation period.

5.03 On completion of the probationary period all new employees shall become members of the Union within Thirty (30) days and shall remain member in good standing for the duration of his/her employment.

Article 6 - SENIORITY

6.01- PROBATIONARY PERIOD

"A new employee will be considered on probation until he has completed 240 hours of work from original date of hire. Upon completion of the probationary period he shall be credited with seniority equal to 240 hours of work.

With the written consent of the employer, the probationary employee and the Business Manager of the Local Union or designate, such probationary period may be extended. Any extensions agreed to will be in writing and will specify the length of the extension. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration."

6.02 -DEFINITION OF SENIORITY

Full-time employees will accumulate seniority on the basis of their continuous service in the bargaining unit from the first date of hire, except as otherwise provided herein.

Full Time Seasonal, Part Time Seasonal employees, Casual On Call Seasonal employees will accumulate seniority by regular hours worked from the first date of hire, except as otherwise provided herein.

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Seniority will operate on a bargaining unit wide basis, but will be grouped into patrol areas. The patrol areas (with seasonal sub-patrol attached to each indicated in parentheses) are defined as follows:

a) Westminister (Strathroy) b) Woodstock (Paris) c) Kitchener (New Hamburg) d) Guelph (Acton) e) Canfield (Jarvis) f) Tillsonburg

6.03 - LOSS OF SENIORITY

An employee shall lose all seniority and service and shall be deemed to have terminated if he:

(a) Resigns;

(b) Is discharged and not reinstated through the grievance/arbitration procedure;

(c) Is retired;

(d) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the employer of such absence and providing to the employer a satisfactory reason;

(e) fails to report to work at the completion of a leave of absence

(f) has been laid off for nine (9) months;

(g) has been laid off and fails to return to work within five (5) calendar days after that employee has been notified by the employer through regular mail addressed to the last address on the records of the employer

6.04- NOTICE OF LAYOFF

In the event of a layoff the employer shall:

(i) Provide the Union with no less than one (1) shifts notice of the layoff and;

(ii) Provide to the affected employee(s), with no less than two (2) weeks shifts notice of layoff, or pay in lieu thereof.

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6.05 -LAYOFF AND RECALL

Employees shall be laid off in reverse order of seniority within their employment category and their patrol groups provided they have the skill and ability to perform the required work.

An employee shall be recalled to work within their employment category and their patrol groups in order of seniority, provided they have the skill and ability to perform the required work.

Article 7- MANAGEMENT RIGHTS

7.01 The Union agrees that it is the exclusive function of the Employer:

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

(b) To hire, discharge, classify, transfer, promote, demote, layoff, suspend or otherwise discipline employees, provided that a claim by an employee that he has been suspended, disciplined, or discharged without reasonable cause shall be subject to the provisions of the grievance procedure;

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

7.02 It is agreed that these functions shall not be exercised in an unreasonable manner or inconsistent with the express provisions of this Agreement.

Article 8 - GRIEVANCE PROCEDURE

8.01 There shall be an earnest effort on the part of both parties to this Agreement to settle promptly through the procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this Agreement.

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

a) Any person who feels he has a complaint arising out of this Agreement shall discuss such matter with his immediate supervisor for explanation or correction.

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b) Within ten (1 0) days after the circumstances giving rise to the grievance occurred or became known or reasonably ought to have become known (except in the case of discharge grievances which shall be presented to the Employer in writing within five (5) days of the discharge), the parties shall meet and endeavour to settle the grievance.

c) If a satisfactory settlement is not reached within five (5) working days from either meeting above, then the grievance may be submitted to arbitration as provided in this Agreement, any time within ten (1 0) days thereafter, but not later.

8.03 Grievances dealing with alleged violation of payment for vacation and statutory holiday pay, pension, welfare contributions and dues, may be brought forward within three (3) months of when the Union became aware, or ought to have become aware of such alleged violations.

8.04 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the satisfaction of the parties concerned, it may be treated as a grtevance and referred to arbitration in the same manner as a grievance by an employee.

Such grievance shall be processed at Step 2 of the grievance procedure at any time within five (5) days after the circumstances giving rise to such grievance occurred or became known to the Employer.

8.05 A Union policy grievance which is defined as an alleged violation of this Agreement involving all or a substantial number of employees of the Employer in the bargaining unit in regard to which a substantial number of employees have signified an intention to grieve, or a grievance involving the Union itself, including the application or interpretation of this Agreement, may be brought forward in writing at Step 2 of the grievance procedure at any time within five (5) working days after the circumstances giving rise to such policy grievance occurred or became known to the Union, and if it is not settled at this stage it may be referred to arbitration in the same manner as a grievance of an employee.

8.06 The nature of the grievance, the remedy sought and the article or articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance.

8.07 In determining the time which is allowed in the various steps, Saturdays, Sundays, holidays and extended periods of inclement weather shall be excluded and any time limited may be extended by mutual agreement of the parties in writing. The above time limited are mandatory.

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Article 9- ARBITRATION

9.01 The parties to this Agreement agree that any grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure and which has not been settled may be referred to a single private Arbitrator, to be agreed upon the parties, for a final and binding decision.

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

9.03 Each of the parties to this Agreement will bear the expense of the Arbitrator.

Article 10- GOVERNMENT LEGISLATION

10.01 In the event that any of the provisions of this Agreement are found to be in conflict with any valid and applicable Federal or Provincial Law now existing or hereinafter enacted, it is agreed that such Law shall supersede the conflicting provision without in any way affecting the remainder of the Agreement.

Article 11 -HEALTH AND WELFARE BENEFIT PLAN

11.01 The Employer agrees to contribute for those Full-Time Permanent employees who have completed their probationary period and in the employ of the company, but only while such employees are not on strike or lay-off and only for a period of 12 months for those employees absent for illness or injury, on the following basis.

There will be no Health and Welfare Benefit Plan Employer contributions for probationary employees and any such contributions will only commerce once an employee successfully completes the probationary period.

(a) Effective January 1, 2019, the Employer agrees to pay the sum oftwo hundred and thirty-five dollars ($235.00) per month for each such employee.

(b) Effective January 1, 2020, the Employer agrees to pay the sum of two hundred and forty dollars ($240.00) per month for each such employee.

(c) Effective January 1, 2021, the Employer agrees to pay the sum of two hundred and forty dollars ($240.00) per month for each such employee.

(d) Effective January 1, 2022, the Employer agrees to pay the sum of two hundred and forty dollars ($240.00) per month for each such employee.

The Employer shall remit this payment, each month, to the LIUNA Local 1059 Benefit Trust, jointly administered by an equal number of employer and Union Trustees, for the

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purpose of purchasing life insurance, major medical and dental plan or similar benefits for the employees covered by this Agreement, represented by Labourers ' International Union of North America, Local 1059.

The Company shall remit these contributions referred to above not later than the fifteenth (15th) day of the month for which the contributions are payable in accordance with above.

Any dispute over payment of benefits under the LIUNA Local 1059 Benefit Trust shall be adjusted between the employee and the insurer concerned.

Registered Retirement Savings Plan

11.02 Available for Full-Time Permanent Employees (A) eligible to participate on the first day of the pay period following three (3) months continuous active employment in a full-time permanent capacity. The employee must return all necessary enrolment information before the commencement date of the benefit in order to receive contributions. If the documentation is not provided in sufficient time, the contributions will begin on the next pay period; no retroactive contributions will be paid for late documentation.

Upon eligibility date employee is eligible to receive two percent (2%) Employer contribution for all regular hours worked (up to forty (40) in a week. The employee may also contribute two percent (2%) as a deduction from their pay.

One (1) year from the date the employee becomes eligible for this entitlement, the Employer contribution will increase to four percent (4%). The employee will also be given the option to increase his/her deduction to four percent (4%).

Safety Footwear and Tool Allowance

11.03 For the purchase of CSA approved protective high cut work boots; all Full Time Permanent Employees will receive an allowance of two hundred dollars ($200.00), Full Time Seasonal Employees will receive an allowance of one hundred dollars ($100.00). This allowance is payable the first pay period following March 30th and annually. Receipt must be provided. Fulltime mechanics will receive an annual allowance of five hundred dollars ($500.00)

per calendar year for the replacement of damaged mechanics tools used during the normal course of their position with the Employer.

Any reimbursement of damaged tools must be preapproved by the Superintendent of the Area Maintenance prior to purchase and receipt must be provided.

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Sick Days

11.04 Full Time Permanent employees shall be entitled to five (5) sick days with pay per year. The five (5) sick days shall represent forty (40) hours of pay based on five (5) days times eight (8) hours per day equaling forty ( 40) hours. Half of any unused sick hours shall be paid out to the employee the first payroll period following May 1st.

Employees who do not complete a full year of employment by the Employer shall have the five (5) sick days prorated for time worked during the year, ie. 6 months = 2.5 sick days.

Article 12- UNION REPRESENTATION AND SAFETY

12.01 The Employer agrees to recognize a total of six (6) stewards no more than one (1) per yard or sub yard as may from time to time be appointed by the Local Union.

The Employer shall not be obligated to recognize such stewards until it has been informed in writing by the administrative Local Union of the names of all the stewards as they are appointed.

It is recognized that a steward is an employee of the Employer and has regular duties to perform. A steward may not leave his duties without prior permission from his Patrol Supervisor. Such permission shall not be unreasonably withheld. The administrative Local Union shall inform the Employer in writing of those who cease to be stewards.

12.02 The Business Manager and/or Business Representative of the Local Union shall have access to all jobs of the Employer during working hours, but in no case shall his visits interfere with the progress of work.

When visiting a job, he will first report to the company superintendent or other supervisory personnel of the Employer in charge of the job.

12.03 In circumstances where the Employer does not have the authority to allow access, the Employer agrees to make a joint application with the Union to the owner to gain such access prior to the job commencing.

12.04 The Local Union representative, when on site, shall abide by all reasonable site regulations, safety and security rules as stipulated in the appropriate safety acts.

12.05 Each steward shall be one (1) of the last two (2) men employees (covered under this agreement) to remain working, provided such steward is capable and qualified to perform the work required. The steward will not be excluded from overtime work where possible provided he is capable and qualified to do the work required.

12.06 Where required by legislation, a certified Health and Safety Representative will be appointed by the Union.

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12.07 The Union reserves the right to appoint such safety representatives as needed given the changing number of employees and work locations over the year.

Article 13 - NO STRIKE - NO LOCKOUT

13.01 During the lifetime of this Agreement, the Union agrees there will be no strike, slowdown or picketing or any other act which will interfere with the regular schedule of work and the Employer agrees that it will not cause or direct a lockout of its employees covered by this Agreement.

13.02 The words 'strike' and ' lockout ' in this agreement shall mean 'strike' and 'lockout' as defined in the Ontario Labour Relations Act.

Article 14- DAILY TRAVEL ALLOWANCE

14.01 Employees required by the Employer to commute daily to locations more distant than their normal place of employment and using their personal vehicle will be paid fifty-two cents ($0.52) per kilometer each way for all kilometers traveled in excess of their normal daily commute.

Article 15 - ROOM AND BOARD

15.01 If necessary to temporarily assign an employee to a work location away from home patrol, requiring the employee to stay overnight, the Employer will provide a reasonable standard of board and lodging.

Article 16 - CALL-IN PAY- RECALL, PREMIUM, CALL-OUT

16.01

An employee who is called to work on any day shall receive a minimum of three (3) hours pay at the appropriate rate.

The On Call weekly duty shall be shared equitably amongst qualified employees.

16.02 "On Call"

From May 151 to October 15111 employees shall receive twenty-five dollars ($25 .00) per day, for carrying pager and responding to after hour calls. This will include the use of a patrol vehicle for work purposes only while on call.

Mechanic shall receive, per call, one ( 1) hour pay for responding to after hour calls.

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Article 17 - LUNCH & REST PERIODS

17.01 Employees shall be allowed one-half (1/2) hour unpaid lunch break near the midpoint of the shift. It is understood that no employee be required to work more than five (5) consecutive hours without a lunch break

17.02 For employees working normal hours, a fifteen (15) minute rest period will be allotted, at the time and in a reasonable location as directed by the Employer, for each half shift worked. Where a half shift is less than four ( 4) hours, there shall be no rest period.

17.03 For employees required to work longer than their regular shift, a ten (I 0) minute break will be allowed prior to the end of the regular shift before commencing the additional work.

17.04 For employees working longer than their regular shift, a fifteen (15) minute break shall be scheduled after every two (2) hours of extra work.

Article 18- LUNCHROOM FACILITIES

18.01 Adequately heated accommodation separate from change rooms and washrooms shall be provided by the Employer at each yard when necessary and where such accommodation can be reasonably provided for Such accommodation shall be weatherproof and shall be kept reasonably clean. A table and sufficient benches or seats for the employees on the job shall be provided in the accommodation.

Article 19 -PROTECTIVE CLOTHING AND EQUIPMENT

19.01 Protective equipment required under abnormal conditions or during inclement weather will be supplied by the Employer and shall be returned after use. Rubber gloves and work gloves shall be provided to the employees. Employees shall be entitled to coveralls as required.

19.02 Employees are required to wear protective clothing and use protective equipment, as determined by the Employer, for the work being done.

19.03 The Employer shall provide suitable rainwear when required.

19.04 The protective clothing and equipment that is provided by the Employer shall be charged out to an employee and the employee shall be responsible for the return of such clothing and equipment to his Employer in good condition.

19.05 Spraying for vegetation control, all employees involved will be provided appropriate Personal Protective Equipment and any special training or licensing will be paid for by the Employer.

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Article 20 - HOURS OF WORK

20.01 Foreperson/Mechanic

Normal hours of work shall be forty ( 40) hours per week, Monday through Friday with a half hour unpaid break for lunch.

Maintenance Worker/Operator (summer)

All time worked by an employee in excess of forty ( 40) hours per week, eight (8) hours per day, Monday through Friday, between the hours of 7:00am and 3:30pm, shall be paid at the rate of time and one-half (1 ~). All time worked on Statutory Holidays shall be at the rate of time and one-half ( 1 Y2) . The starting time and the quitting time may be varied earlier by up to one (1) hour by the agreement between the Union and the Employer. Such Agreement shall not be unreasonably with held.

Maintenance Operator

E-Crew-Standard work week- Thursday to Monday (6:00am- 2:30pm and 2:00pm- 10:30pm)

Maintenance Operator/E-Crew

All hours worked by an employee in excess of forty ( 40) hours per week, eight (8) hours per day, Thursday through Monday, between the hours of 6:00am- 2:30pm- shift 1 (2 employees) and 2:00pm - 10:30pm - shift 2 (2 employees), shall be paid at a rate of time and one-half (1 ~).

All time work on Statutory Holidays shall be paid at a rate of time and one-half (1 ~).

The starting time and the quitting time may be varied earlier by up to one ( 1) hour by agreement between the Union and the Employer. Such agreement shall not be unreasonably withheld.

Shift Work

Shift Premium for Winter-Patroller

All employees that become patrollers on the winter schedule will receive Foreman rate per hour over the normal set rate of pay.

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20.02 Winter Patroller Schedule from November 15th through March 31st (Full-Time Permanent and Full-Time Seasonal who work as Operator/Patroller)

The schedule will be twelve (12) hour shifts, 7:00am to 7:30pm, or 7:00pm to 7:30am. The Schedule will be sixty (60) hours on week and twenty-four (24) hours the following week. The hours shall be arranged over the two (2) week period. Overtime at time and onhalf (1 Y2) shall be payable after forty-four (44) hours per week on a two (2) week (pay period) average basis.

20.03 The Employer will guarantee Full-Time Seasonal Operator/Patrollers hired for the core winter season November 15 until March 31 a minimum of eighty (80) hours every two (2) weeks. If an employee fails to show up it is agreed that employee will lose the guarantee for that week.

20.04 During the shoulder seasons (October 15 to November 14 and April I to April30), the Employer may designate two (2) full Maintenance Worker/Operators to work night shift from 11:00 pm to 7:30 am. These designated employees will be scheduled eighty (80) hours over a two (2) week period. Overtime shall be in accordance with Article 20.02.

Seasonal Operator Standby AZ

No guaranteed hours. In addition to their hourly wage for all hours worked, employees are guaranteed two hundred and fifty dollars ($250 .00) per week for the core winter season for each week that they are available.

Failure to report without agreement or within contract time requirements (1 /2 hour from call-in) will be subject to an action that will include the loss the applicable shift's standby pay on pro-rata basis for each call-in event.

Failure to respond to "call-ins ' without approval will result in disciplinary action up to and including dismissal.

Seasonal Operator Standby DZ

No guaranteed hours . In addition to their hourly wage for all hours worked, employees are guaranteed two hundred dollars ($200 .00) per week for the core winter season for each week that they are available.

Fai lure to report without agreement or within contract time requirements (1 /2 hour from call-in) will be subject to an action that will include the loss the applicable shift's standby pay on pro-rata basis for each call-in event.

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Failure to respond to "call-ins ' without approval will result in disciplinary action up to and including dismissal.

Seasonal Operator Call-in AZ!DZ

No guarantee hours.

Failure to respond to "call-ins" without approval may result in disciplinary action up to and including dismissal.

Article 21- STATUTORY HOLIDAYS AND PAY

21.01 The following are the recognized holidays under this agreement. Any work performed on these holidays shall be paid at time and one half ( 1 Yz) the regular rate.

New Years Day Good Friday Victoria Day Canada Day Civic Holiday

Labour Day Thanksgiving Day Christmas Day Boxing Day Family Day

21.02 Any of the above named holidays may be moved by mutual agreement of the Employer and the Union.

21.03 Full time employees shall receive Statutory Holiday Pay as per the Employment Standards Act.

Seasonal employees shall receive four percent (4%) of gross wages on each cheque in lieu of Statutory Holiday Pay.

Article 22- VACATION PAY

22.01 For Full-Time Permanent Employees only:

The Employer vacation year runs from May 1st to April 30111 annually.

Upon Permanent Full-Time employment- two (2) weeks.

After three (3) years of permanent Full-Time employment- three (3) weeks.

An Employee is entitled to vacation credits in respect of a month or part thereof in which he or she is at work or on leave with pay.

An Employee is not entitled to vacation credits in respect of a whole month in which he or she is absent from duty for any reason other than vacation leave of absence or leave of absence with pay.

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An Employee shall be credited with his or her vacation entitlement based on a monthly accrual equaling number of annual vacation days divided by twelve (12) months and prorated for any service at termination and/or layoff and/or resignation.

Carry forward a maximum of ten (10) days unused vacation amounts will be permitted with a supervisor's written approval.

Vacation may be taken at anytime during the year with approval of the Employer.

The sign up period for vacation for employees will be May 1 - 15 of each year (May to April). The Employer will approve and post vacation schedules by May 31.

Requests made outside this period will be considered based on a first come first serve basis.

If there is a conflict between employees as to their choice of vacation time during the sign up period identified above, then seniority shall govern.

On commencing employment an Employee shall be credited with pro rata vacation for the balance of the calendar year, but shall not be permitted to take vacation until he or she has completed six (6) months of continuous service.

22.02 Seasonal Employees shall receive four percent ( 4%) of gross wages on each cheque in lieu of paid vacation.

Article 23- PAYMENT OF WAGES

23.01 Wages shall be paid by-weekly on Friday before the regular quitting time. Direct deposit will be used.

23.02 Accompanying each payment of wages shall be a separate statement identifying both the Employer and the employee, showing regular hours worked, overtime hours worked, the total earnings, pay period and the amount of each deduction and net earnings.

23.03 Any employee who fails to receive his pay on his regular payday shall give notice to his Employer or his representative. If the Employer fails to rectify the delinquency within the next business day the Employer shall pay two (2) hours pay at the applicable straight time hourly rate for each day the delinquency continues.

23.04 When the employment of an employee is terminated for whatever reason, he shall be paid in full and receive all of his documents within seven (7) working days.

23.05 When an employee quits, he shall provide the Employer with five (5) days notice. On doing so, he shall be paid all his wages and given possession of all his documents upon termination where practicable. On failure to provide five (5) days notice, he shall receive all his wages and documents on the next regular payday.

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Article 24 -EXEMPTION OR AMENDMENT

24.01 This Agreement shall be subject to an amendment at any time by mutual consent of the Parties hereto.

Article 25 - BEREAVEMENT AND OTHER LEAVES

25.01 The Employer will grant leave of absence without pay to an employee elected or appointed to represent the Union on matters regarding the Employer and the Union or to represent the Union at a conference, convention or such other related business, provided that the employee requesting the absence gives the Employer one weeks notice.

The Employer may approve a leave of absence with or without pay provided the employee requests the leave in writing. Such requests must be given to the Employer a minimum of two (2) weeks prior for consideration. For leave of absence longer than four (4) week's in duration a mutual consent from the Union and the Employer is required.

Personal emergency leaves will be granted as per the Employment Standards Act.

Bereavement Leave for those employees not pmiicipating in the Union Benefit Plan will be in accordance with Employer policy.

Article 26- DURATION

26.01This Agreement shall become effective on July 1, 2019 and shall continue to remain in effect until June 30, 2022 and shall continue in force from year to year thereafter unless either pmiy shall fumish the other with notice of tennination, or proposed revision of this Agreement within a period of no more than one hundred and twenty (120) days and not less than thi1iy (30) days before the expiry date or in a like period in any year thereafter and the parties shall convene a meeting within fifteen (15) days and bargain in good faith to endeavour to reach an agreement.

For: Emcon Services Inc. For: LIUNA, Local1059

Dmmy De Sousa

(PRINT NAME)

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Drivers Abstract

All employees will be required to have and maintain, as a minimum a valid DZ licence. Newly hired employees will be required to provide a Driver's Abstract and/or CVOR Driver' s Abstract upon employment at the employee cost. The costs of annual or semiannual searches for all Permanent, Full Time Seasonal and Part Time Seasonal categories will be borne by the Employer and conducted by the Employer provided the employee provides his/her consent in writing. Maintenance of a DZ licence in Good Standing is a condition of employment.

AZIDZ License

If in the course of an employee' s duty (Permanent full-time) they are required by the Employer to obtain or possess an AZ/DZ license, the Employer shall grant up to one hundred and fifty dollars ($150.00) as required to offset the cost of the required physical to maintain such license. The employee will supply the Employer a receipt for such medical examination.

Temporary Work Reassignments

Employees assigned or promoted to a higher paid classification on a permanent or temporary basis shall receive the appropriate higher rate of pay for that classification.

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APPENDIX "A" - WAGES

Classifications Current Ju ly 1/19 Ju ly 1/20 July 1/21

Foreperson 24.71 25.46 25.96 26.46

Maintenance 23 .07 23.81 24.28 24.75 Worker/Operator

Winter Patro ller 24.07 25.46 25.96 26.46 (Foreman Rate)

Mechanic 30.36 34.50 35.19 35.88 (Over one year of

Service)

Mechanic 30.36 34.00 34.68 35.36

(Less one year of service) Full-time Seasonal Operator/Patro ller AZ 21.42 21.85 22.29 22.73

Full-time Seasonal 19.22 19.60 19.99 20.38 Operator/Patroller DZ

Seasonal Operator 21.40 21.42 21.85 22.38 Standby AZ

Seasonal Operator 19.22 19.60 19.99 20.38 Standby DZ

Seasonal Operator 21.42 21.42 21.85 22.28 Call-in AZ

Seasonal Operator 19.22 19.60 19.99 20.38 Call-in DZ

Student (Grass cutting and rest stop area care) 14.00 One per yard, total of six yard.

Labourer (Seasonal Full-Time) 17.50 17.50 17.85 18.20 May I st to November 15th)

Licensed Weed Sprayer $1.00/hr over Maintenance Worker hourly rate

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The present employees will not be paid less than their current hourly wage due to the implementation of the collective agreement. Negotiated increases will be added to the individual employees current hourly wage rate.

In the event the Employer creates a new classification which falls within the scope of the bargaining unit, the Union and the Employer will meet and discuss a rate of-pay appropriate to the classification. If the parties are unable to agree on that rate, the disagreement will be referred to arbitration as provided herein.

"Definitions"

Full Time (Permanent)

Full Time Seasonal (40 hours/week Guaranteed in Core Winter Season)

Seasonal Operator Standby (No Guaranteed Hours but weekly Standby Pay)

Seasonal Operator Call-in (No Hours Guaranteed)

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collective agreement between: emcon services inc. … · between: emcon services inc. (hereinafter...

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