local 793, hereinafter called the union international union of … and... · 2016. 4. 7. ·...

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Between:

AND:

COLLECTIVE AGREEMENT

Great Ontario Hydrovac Inc.

International Union of Operating Engineers, Local 793, hereinafter called "the Union"

Tel: 705 436 4443 Fax: 705 431 4768

Whereas the parties have agreed to establish a Collective Agreement applicable in the Province of Ontario, and

Whereas the parties have agreed on standard language and are desirous to have uniform interpretation and application of the Agreement, and

Whereas the parties have agreed to maintain this Provincial Agreement and will not partition or attempt to negotiate separate agreements for an area or for a class of work covered by this Agreement.

Therefore, the parties agree as follows:

Article 1 Purpose 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 the Agreement can be disposed or promptly and equitably.

Article 2 Recognition The Employer recognizes the International Union of the Operating Engineers,

Local 793, as the sole and exclusive bargaining agent for employees of the Employer covered by the classifications of work set forth in this Agreement, save and except nonworking foremen and persons above the rank of non-working foremen. The Employer agrees to employ only members of the International Union of Operating Engineers, Local 793, to perform such work and the Union must give preference in supplying such men for such classifications to the Employer. Further, the Employer agrees to engage only those sub-contractors or sub-contractors' equipment who are under agreement with the Union.

Article 3 Union Security and Check-Off of Union Dues 3.1 a)

As a condition of employment, the Employer shall require each employee to sign a form which authorizes the Employer to deduct regular monthly union dues, working dues, initiation fees and assessments from the employee's pay.

b)

Great Ontario Hydrovac Inc. Collective Agreement 2013-2016

The Employer agrees to deduct from each Employee in the bargaining unit, working dues at the rate of two percent (2%) of the total package which includes the hourly rate, vacation pay, health plan and pension plan contributions for each hour earned by each Employee.

c) The Employer shall deduct fifteen cents ($0.15) per hour earned by each

Employee covered by this Agreement for Union Advancement Dues. The amount deducted shall be remitted together with other monthly contributions and deductions in the manner set out in this Collective Agreement.

3.2 All employees who join the Union during the lifetime of this Agreement shall be

required, as a condition of employment, to maintain such membership while working in a position within the bargaining unit for the duration ofthis Agreement.

3.3 It is expressly understood and agreed that the Company shall not be required to

discharge any employee for violation ofthe provisions of this Article for any reason other than the non-payment of Union Dues.

3.4 The Union agrees to hold the Company harmless against any liability incurred as

the result of the deduction of Union Initiation Fees or Dues.

3.5 The Company will be free to recall or re-employ any and all former employees for

work coming under this Agreement and such employees will have freedom of movement to work at any Company job or location coming under this Agreement.

3.6 The Company agrees to remit the deductions referred to above by the 151

h day of the month following the month for which they were made. A list of names, social insurance numbers and amounts deducted will accompany such remittance.

Article 4 Management Rights 4.1

The Union agrees that it is the exclusive function of the Company:

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.

Great Ontario Hydrovac Inc. Collective Agreement 2013·2016

b)To hire, discharge, classify, transfer, promote, demote, lay off, suspend or otherwise discipline employees, provided that a claim by an employee that has been suspended, disciplines 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 rules of conduct and procedure to be observed by the employees that are just and fair.

4.2 It is agreed that these functions shall not be exercised in a manner inconsistent

with the express provisions of this Agreement.

Article 5 Grievance Procedure 5.1

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.

5.2 All grievances to be dealt with under Step Two below, shall be in writing, on a

form supplied by the union and signed by the employee having such grievance.

5.3 Written grievances, to be valid, shall set out the nature of the grievance, the

Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought, and shall not be subject to change at later steps except by mutual agreement in writing.

5.4 In determining the time which is allowed in .the various steps, Saturdays, Sundays

and Statutory holidays shall be excluded and any time limits may be extended by mutual agreement in writing.

5.5 If advantage of the provisions of Articles 5,6 and 7 hereof is not taken within

The time limits specified therein or as extended in writing as set out above, the grievance shall be seemed to have been abandoned and may not be reopened.

5.6 It is understood and agreed that an employee does not have a grievance until he

has discussed the matter with his foreman or other supervisory personnel acting in this capacity and given him an opportunity of dealing with the complaint. His decision shall be made known to said employee within forty-eight ( 48) hours.

Great Ontario Hydrovac Inc. Collective Agreement 2013-2016 Page3

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

follows: Step 1

Within five ( 5) days after the circumstances giving rise to the grievance occurred or became known, the aggrieved employee, with or without the Steward, shall present his grievance orally or in writing to the official of the Company named by the Company to handle grievances at this step. If a satisfactory settlement is not reached within five (5) full working days, the grievance may be referred to the next step in the Grievance Procedure at any time within five ( 5) full working days thereafter.

Step 2 The Business Manager of the Union, or his designate, if he considers it a valid

grievance, may submit the grievance to the Manager of Labour Relations and the representatives of both parties shall meet within five (5) working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five (5) working days from this meeting, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be submitted to arbitration at any time within ten (10) working days thereafter but not later.

Article 6 Company Grievances and Union Grievances 6.1

It is understood that the Company 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 grievance and referred to Arbitration in the same manner as a grievance by an employee. Such grievance shall be processed at Step No. 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 Company.

6.2 A Union policy grievance which is defined as an alleged violation of this

Agreement involving all or a substantial number of employees of the Company 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 of interpretation of this Agreement, may be brought forward in writing at Step No. 2 of the

Grievance Procedure at any time within five (5) full 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 any employee.

Great Ontario Hydrovac Inc. Collective Agreement 2013-2016 Page4

Article 7 Arbitration 7.1

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 outlined in Article 5 or 6, which has not been settled, may be referred to a Board of Arbitration at the request of either of the parties.

7.2 Unless mutually agreed otherwise, the Board of Arbitration will be composed of

one person appointed by the Company, one person appointed by the Union and a third person to act as Chairman chosen by the other two members of the Board.

7.3 Within five (5) working days of the request of either party for a Board each party

shall notify the other in writing of the name of its appointee.

7.4 Should the person chosen by the Company to act on the Board and the person

chosen by the Union fail to agree on a third member as Chairman within five (5) days of the notification mentioned above, the Minister of Labour of the Province will be asked to appoint a Chairman.

7.5 The decisions of the Board of Arbitration or a majority of such Board constituted

in the above manner shall be binding on the parties to this Agreement.

7.6 The Board of Arbitration shall not have any power to alter or change any of the

provisions of this Agreement or to substitute any new Provisions, nor to give any decisions inconsistent with the terms and provisions of this Agreement.

7.7 Each of the parties to this Agreement will bear the expense of the Arbitrator

appointed by it and the parties will jointly bear the expense of the Chairman.

Article 8 Union Representation 8.1

The Company agrees to recognize such reasonable number of Stewards as may, from time to time, be appointed by the Union. The Company shall not be obliged to recognize such Stewards until it has been informed in writing by the Union of the names of all Stewards as they are appointed. It is recognized that a Steward is an employee of the Company and has regular duties to perform. A Steward may not leave his duties without prior permission from his foreman. Such permission shall not be unreasonably withheld. The Union shall inform the Company in writing of those who cease to be Stewards. No discrimination shall be shown against any Steward for carrying out his

Great Ontario Hydrovac Inc. Collective Agreement 2013-2016 PageS

duties. The Steward shall be the last employee to be laid off and the first employee to be recalled from lay-off provided he/she is competent to do the proposed work.

8.2 Representatives of the Union may make arrangements with the job supervisor or

his designated representative to meet Stewards or other employees, provided it does not interfere with the work.

8.3 The Union agrees to give such assistance as is required of it by the Employer to

secure competent and qualified men for the job.

Article 9 Productivity 9.1

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

9.2 The Union agrees it will not involve the Company in any disputes which may

arise between the Union and any other Employer and the employees of such other Employer. The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes.

Article 10 No Strike-No Lockout 10.1 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 Company agrees that it will not cause or direct a lockout of its employees covered by this Agreement.

Article 11 Payment of Wages 11.1

Wages shall be paid by cash; cheque; or direct deposit weekly on the job, and shall be accompanied by a statement of the calculation of the employees' pay outlining all deductions and year-to-date totals.

11.2 Whenever vacation and statutory holiday pay credits and paycheque are not given

to an employee at the time of termination, they will be sent by the Company to the employee's last known address within seventy-two (72) hours of being laid-off.


Article 12 Hours of Work, Rates of Wages. Vacations and Statutory Holiday Allowance and Working Conditions 12.1

The following provisions regarding Hours of Work and Overtime, Vacation Pay and Statutory Holiday Allowance, Statutory Holidays, and Reporting Pay are applicable to all areas in the Province of Ontario unless otherwise specified in the Appendices to this Agreement.

(A) Hours of Work The standard hours of work for all employees engaged in crushing operations and

work incidental thereto, shall be fifty (50) hours per week or ten (10) hours per day The regular work week, Monday to Friday, shall be 50 hours per week with overtime paid at time and one-half after Ten (I 0) hours per day, and for all work performed on Saturdays. This applies to Hydrovac work as well.

(B) Shift Premium- Seventy Five Cents ($0.70) per hour worked May I, 2012- Ninety Five Cents ($0.95) per hour worked

12.2 (A)

Travel Allowance- Room and Board The Company agrees to pick-up the local areas Sewer and Water Agreement, that

relates to Travel Allowance-Room and Board.

(B) Reporting Time- An employee who reports for work as usual, unless directed not

to report the previous day by his Employer, shall receive a minimum of four (4) hours pay at the applicable rate and shall remain at other work of his craft, if requested by the foreman. An employee directed to work after noon lunch period and who commences to work shall also be subject to a minimum of four (4) hours' pay at the applicable rate for the remainder of his shift. This Article does not apply when conditions under paragraph (c) prevail.

In the case of employees who are requested to and do report for work on Saturdays, Sundays and Holidays, the minimum hours applicable shall be four (4) hours at the applicable rate.

(C) Inclement Weather - Two (2) hours' pay, together with travelling expenses

whenever applicable, shall be allowed by the Employer when an employee covered by this Agreement reports to work at the Employer's shop or job, but work is not available due to inclement weather, provided the employee remains on the job for two (2) hours after his designated starting time. However, no reporting pay shall be allowed where an employee has been informed not to report for work and such information has been given to him on the previous day. If an employee is directed to work and commences to work, paragraph (B) above shall apply.


12.3 Benefit and Pension Funds Remittances to Employees Benefit, Pension and Training Funds will be made on

the following basis

BENEFIT PLAN, PENSION PLAN

(A)

(B)

12.4

12.5

Effective on signing the Employer agrees to contribute Three Dollars and Thirty ($3.30) per hour earned to the International Union of Operating Engineers, Local 793 Pension Benefit Trust Fund for each employee covered by this Agreement.

Effective May 1'', 2014 this shall increase to Three Dollars and Forty ($3.40) per hour earned.

Effective May 1 '', 2015 this shall increase to Three Dollars and Fifty ($3.50) per hour earned.

Effective on signing, the Employer agrees to contribute Four Dollars and Forty cents ($4.40) per hour earned to the International Union of Operating Engineers Local 793 Health and Benefit Trust Fund for each employee covered by this Agreement.

May 1, 2014, this shall increase to Four Dollars and Sixty cents ($4.60) per hour earned.

May 1, 2015 this shall increase to Four Dollars and Eighty cents ($4.80) per hour earned.

These contributions shall be remitted in accordance with this agreement to the Welfare Trust Fund and Pension Trust Fund which Funds shall be administered by an equal number of Trustees appointed by the Union and an equal number of Trustees appointed by Employers.

All contributions shall be submitted by the 15th of the following month in which the hours have been worked, and at no time shall the contributions be paid directly to the employee. If payment is over thirty (30) days late, interest at one percent (1%) per month shall be paid from the due date, and in addition the delinquent Employer may be required by the Trustees of the Funds to deposit with the Trustees a two thousand, five hundred dollars ($2,500.00) cash bond.

The Employer hereby covenants and agrees to sign Participation Agreements with the Trustees of the Funds


NEW WELFARE AND PENSION ADMINISTRATION LANGUAGE

Effective on signing, Employers shall contribute in total:

Seven Dollars and Seventy cents ($7.70) per hour to the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust of Ontario (the "Health Plan") and to the International Union of Operating Engineers, Local 793 Members Pension Benefit Trust of Ontario (the "Pension Plan") for each hour earned by each employee in his employ.

It is agreed that Employers shall make a single monthly payment to an independent administrator appointed by the Trustees of the Health Plan and the Pension Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that the contributions are allocated and made on behalf of each Employer and employee to the Health Plan and the Pension Plan, as set out in Appendix "A" of this Agreement.

Effective May 1, 2014, the total Employer contributions of$7.70 per hour shall increase to $8.00 per hour.

Effective May 1, 2012, the total Employer contributions of $8.00 per hour shall increase to $8.30 per hour


APPENDIX "A"

Article 13 of this Collective Agreement requires that the Employer shall make a single monthly payment to an independent administrator appointed by the Trustees of the Health Plan and the pension Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that the contributions are allocated and made on behalf of each Employer and employee to the Health Plan and the Pension Plan as follows:

Effective on signing: (i) for employees with $6,750.00 or fewer dollars in their Health Plan

dollarbank, Four Dollars and Forty cents ($4.40) plus retail sales tax at the applicable rate on these contributions to the Health Plan and Three Dollars and Thirty ($ 3.30) to the Pension Plan;

(ii) for employees with more than $6,750.00 in their Health Plan dollar bank, Seven Dollars and Seventy cents ($7.70) to the Pension Plan FOR BENEFITS; and

(iii) Thirty-six Cents ($.46) to be applied towards the cost of administering the Pension Plan: and

(iv) NIL ($0) to the Health Plan.

Effective May 1, 2014: (i) for employees with $6,750.00 or fewer dollars in their Health Plan

dollarbank, Four Dollars and Sixty cents ($4.60) plus retail sales tax at the applicable rate on these contributions to the Health Plan and Three Dollars and Forty ($ 3.40) to the Pension Plan;

(ii) for employees with more than $6,750.00 in their Health Plan dollar bank, Seven Dollars and Ninety cents ($7.90) to the Pension Plan FOR BENEFITS; and

(iii) Forty Nine cents ($0.49) to be applied towards the cost of administering the Pension Plan: and


Effective May 1, 2015: (i) for employees with $6,750.00 or fewer dollars in their Health Plan

dollarbank, Four Dollars and Eighty cents ($4.80) plus retail sales tax at the applicable rate on these contributions to the Health Plan and Three Dollars and Fifty ($ 3.50) to the Pension Plan;


(ii) for employees with more than $6,750.00 in their Health Plan dollar bank, Eight Dollars and Thirty cents ($8.30) to the Pension Plan FOR BENEFITS; and

(iii) Fifty-two cents ($0.52) to be applied towards the cost of administering the Pension Plan: and


Effective on and after October I, 2010 the amount of $6,750.00 in a Member's Health Plan dollar bank noted in (i) and (ii) above shall be redetermined from time to time as determined by a duly constituted motion passed by the Board of Trustees of the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust of Ontario, and as conveyed to the administrator.

Article 12.3 requires that the Employer shall make a single monthly payment.

These contributions shall be remitted in accordance with this agreement to the Welfare Trust Fund and Pension Trust Fund which Funds shall be administered by an equal number of Trustees appointed by the Union and an equal number of Trustees appointed by Employers.

All contributions shall be submitted by the 15111 of the following month in which the hours have been worked, and at no time shall the contributions be paid directly to the employee. If payment is over thirty (30) days late, interest at one percent(!%) per month shall be paid from the due date, and in addition the delinquent Employer may be required by the Trustees of the Funds to deposit with the Trustees a two thousand, five hundred dollars ($2,500.00) cash bond.

TRAINING

13.1 The Employer agrees to contribute to the International Union of Operating

Engineers, Local 793 Training Fund Fifteen cents ($0.15) per hour earned for each employee in his employ.

13.2 The Company may from time to time be designated to work out-side this agreement, in such cases the Company shall then pick-up the cross-over Agreements from: a) ICI Projects, EBA Provincial Collective Agreement b) Roadbuilders (local agreement) c) Sewer & Watermain (local agreement) d) EPSCA Agreement e) Utilities (local agreement)


13.3 Wages and Classifications

Classification "A"

Track Excavator - Rubber Tired Backhoe - Rubber Tired Loader, Track Loader, and Foreman. All types of Off Road Vehicles (rock truck).

DATE WAGES VACATION BENEFIT PENSION PAY PLAN PLAN

On Signing $24.24 2.42 4.40

May 1, 2014 $24.97 2.50 4.60

May 1, 2015 $25.72 2.57 4.80

Classification "B"

Crusher Operator & Hydrovac


On Signing $23.63 2.36 4.40

May 1, 2014 $24.33 2.43 4.60

May 1, 2015 $25.05 2.51 4.80

Classification "C"

Crusher Operator Trainee, Hydrovac Apprentice


On Signing $22.59 2.26 4.40

May 1, 2014 $23.27 2.33 4.60

May 1, 2015 $23.97 2.40 4.80

Hourly foreman shall receive $2.00 over Classification "A" rates.


TOTAL

3.30 $34.36

3.40 $35.47

3.50 $36.59

TOTAL

3.30 $33.69

•3.40 $34.76

3.50 $35.86

TOTAL

3.30 $32.55

3.40 $33.60

3.50 $34.67

If the Company acquires any other equipment including- Kubota/Bobcat type or skid steer loaders they will be included in the agreement and a rate/classification will be negotiated.

Overtime Overtime at the rate of one and one-half times the employee's regular hourly rate

shall be paid for all hours worked in excess of the standard hours as set out in Article 12.1 (a). Two times the hourly rate shall be paid for all hours worked on Sundays and Statutory Holidays.

Vacation Pay and Statutory Holiday Pay Vacation and Statutory Holiday Pay shall be credited and paid weekly to each

employee covered by this Collective Agreement, at the rate of ten percent (10%) of the gross wages earned, and income tax will be deducted weekly.

It is understood and agreed that four percent ( 4%) of the gross wages is to be considered Vacation Pay and six percent ( 6%) of the gross wages is to be in lieu of Statutory Holiday Pay.

The following shall be recognized as Statutory Holidays:

New Year's Day Good Friday Victoria Day Dominion Day Boxing Day

Civic Holiday Labour Day Thanksgiving Day Christmas Day Family Day

Article 14 Joint Labour Management Committee

A Joint Labour Management Committee shall be established to promote improved relations between the parties and shall also be responsible for formulating recommendations aimed at bringing about standard provisions in the Collective Agreement on matters such as Hours of Work, Overtime, Statutory Holidays, Classifications, Shift Premiums, Employee Benefits, Board Allowances, Travel Allowances, etc.

Article 15

This agreement shall become effective on signing date and shall remain in effect until the 30'11 day of April, 2016 and shall continue in force from year to year thereafter, unless either party shall furnish the other with notice of termination or proposed revision of this Agreement within ninety (90) days before the 30'h day of April, 2016 or in a like period in any year thereafter.


IN WITNESS WHEREOF the Party of the First Part and Party of the Second Part have caused their proper officers to affix their signatures this S rll day of PJ1 A-l'(ctf 2013.

FOR THE COMPANY

ON BEHALF OF:

Mark Goodman, Director 2015 Innisfil Beach Road Innisfil, ON L9S 4B4

Harry Eisses, Director 2015 Innisfil Beach Road Innisfil, ON L9S 4B4

Great Ontario Hydrovac Inc. Collective Agreement Z013·Z016

FOR THE UNION

ON BEHALF OF:

INTERNATION UNION OF OPERATING ENGINEERS, Local79~

Mike Gallagh&~

Alex Law, Treasurer

#~ • Rick Kerr, Vice President

J~ Dowdall Recording-Corresponding Secretary

local 793, hereinafter called the union international union of … and... · 2016. 4. 7. ·...

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