IUOE LOCAL 115 HEAVY CONSTRUCTION STANDARD COMMERCIAL/INSTITUTIONAL AGREEMENT

Transcription

1 IUOE LOCAL 115 HEAVY CONSTRUCTION STANDARD COMMERCIAL/INSTITUTIONAL AGREEMENT By and Between: International Union of Operating Engineers, Local 115 And: Construction Labour Relations Association of BC (CLR) (e Union ) * (On its own behalf, and on behalf of its member Employers who have auorized e Association to execute is document and ose members added from time to time by notice given to e BCBCBTU.) * Pursuant to e August 09, 2016 LRB Settlement Agreement and Letter of Agreement By and Between e BCBCBTU and CLR. (e Employer ) (collectively, e Parties ) 2016 to April 30, 2019 (Effective on all hours worked from onward.) W ork perform ed betw een 2016 and April 30, governed by terms of Agreement(s) which applied prior to. FSV.02

2 TABLE OF CONTENTS PAGE 1 OF 2 Refer to Appendix A for definitions and abbreviations applicable to is Agreement. Article 1 Objects Article 2 Duration Article 3 Extent Article 4 Wages Article 5 Hours of Labour, Shifts and Call-Out Time Article 6 Overtime Article 7 Transportation Article 8 Working Conditions Article 9 Union Shop Article 10 Job Stewards Article 11 Room and Board Article 12 Accident Prevention Article 13 Jurisdictional Assignment Plan (JAPlan) Article 14 Grievances Article 15 Public Relations Article 16 Dues Article 17 Bargaining Council of British Columbia Building Trade Unions (BCBCBTU) Funding Article 18 International Union of Operating Engineers, Local 115 Training Association (IUOETA) Article 19 Tool Allowance Fund Article 20 Construction Industry Rehabilitation Fund Article 21 OE Advancement Fund Article 22 CLR Contract Administration Fund Article 23 Drug and Alcohol Policy Article 24 Savings Article Article 25 Meod of Payment of Contributions and Deductions Article 26 Competitive Consideration Article Article 27 Trainees/Apprentices Article 28 Harassment Article 29 Distribution of Monetary Package Article 30 Industry Benefit Fund Signature of Parties

3 TABLE OF CONTENTS PAGE 2 OF 2 Schedule A1 Industrial Monetary Package Breakdown - Inside Lower Mainland/Fraser Valley Schedule A2 Industrial Monetary Package Breakdown - Outside Lower Mainland/Fraser Valley Schedule B Industrial Rates of Pay (Cranes) - Province Wide Schedule C Industrial Employer Contributions and Employee Deductions - Province Wide Special Provisions and Wages Appendix A Definitions and Abbreviations Appendix B Schedule of General Holidays Appendix C List of Signatory Employers Appendix D District Offices of International Union of Operating Engineers, Local

4 IUOE LOCAL 115 HEAVY CONSTRUCTION STANDARD COMMERCIAL/INSTITUTIONAL AGREEMENT BY AND BETWEEN: International Union of Operating Engineers, Local 115 (e Union ) AND: Construction Labour Relations Association of BC (CLR) * (On its own behalf, and on behalf of its member Employers who have auorized e Association to execute is document and ose members added from time to time by notice given to e BCBCBTU.) * Pursuant to e August 09, 2016 LRB Settlement Agreement and Letter of Agreement By and Between e BCBCBTU and CLR. (e Employer ) (collectively, e Parties ) ARTICLE 1: OBJECTS The objects of is Agreement are to stabilize e Construction Industry, provide fair and reasonable working conditions and job security for Employees in e industry; promote harmonious employment relationships between Employers and Employees, provide mutually agreed meods of resolving disputes and grievances arising out of e terms and conditions of is Agreement, prevent strikes and lockouts, enable e skills of bo Employers and Employees to operate to e end at waste and avoidable and unnecessary expense and delays are prevented; promote good public relations. ARTICLE 2: DURATION This Agreement shall be in full force and effect from and including 2016 to and including April 30, 2019 and shall continue in full force and effect from year to year ereafter subject to e right of eier Party to is Agreement wiin four (4) mons immediately preceding e date April 30, 2019, or immediately preceding e anniversary date in any year ereafter, by written notice to e oer Party, require e oer Party to commence collective bargaining wi a view to e conclusion of a renewal or revision of is Collective Agreement or a new Collective Agreement. Should eier Party give written notice to e oer Party pursuant hereto, is Agreement shall ereafter continue in full force and effect until e Union shall strike, or e Employer shall lockout, or e Parties shall conclude a renewal or revision of is Agreement or a new Collective Agreement. The operation of Section 50 (2) and (3) of e Labour Relations Code of British Columbia is hereby excluded. ARTICLE 3: EXTENT 3.01 Application This Agreement shall govern only commercial/institutional work which is wiin e work 1

5 jurisdiction of e Operating Engineers and which is being performed in e province of British Columbia by bargaining unit members who are Employees of e Employer. Refer to Articles 3.01 (a) rough (d) inclusive, for important exceptions to and clarification of e foregoing. (a) (b) (c) (d) Unless oerwise mutually agreed by e Parties, in writing, all work performed wiin e Lower Mainland/Fraser Valley shall be governed by e IUOE Local 115 Heavy Construction Standard Commercial/Institutional Agreement, oer an work performed on an industrial project(s) where all employers at were legitimately competing for e available work are signatory wi a BCBCBTU affiliate union(s). Work covered by e Mainline Pipeline Agreement of e Pipe Line Contractors Association of Canada shall be binding on e Employer and e Union, and eir respective successors and assigns. It is understood at any Employer signatory to is Agreement shall when doing work covered by e Mainline Pipeline Agreement, be bound to at Agreement along wi e signatory Union. Work covered by e collective agreement between e Union and CLR for Structural Steel Erection or work covered by e Road Building Industry Standard Agreement or e Hydraulic Dredging Agreement or e Standard Piledriving, Dipper, Clamshell Dredging Agreement shall be performed under e conditions set out in e aforementioned agreements. All Employers signatory to is Agreement whose primary business is "Crane Rental" shall be bound by e terms and conditions of e "Crane Rental Agreement" Management Rights: The Employer has e right to operate and manage eir business in all respects subject only to e limitations expressly stated in is Agreement Sub Contractors: The Employer may contract out work where: (a) (b) e Employer cannot perform e work in a manner at is competitive in terms of cost, or quality, or wiin required time limits, or e prime contract requires e contractor to accept e lowest qualified tender price for any/all subcontracted work Owner-Operators: (a) The expression "Owner-Operator" as used herein, shall mean any person who performs work wiin e jurisdiction of e Union for pay, remuneration, compensation or reward of any kind, except: (i) a person who comes wiin e job classifications of heavy duty mechanic, welder, service truck operator, heavy duty greaser, or any of em; 2

6 (ii) (iii) a person who, wi respect to e person, firm or corporation who or which provides his pay, remuneration, compensation or reward for such work, is in e relationship of servant to master; a person who has determined to be an "Employee" pursuant to e provisions of e Labour Relations Code of British Columbia. (b) The Employer agrees at he will not, under any circumstances, engage an Owner- Operator to perform work for him unless and until e Owner-Operator, prior to e commencement of such work: (i) (ii) (iii) proves to e Employer at he is a member in good standing of e Union, or; obtains from e appropriate office of e Union for e area in which such work is to be performed, a clearance or permit to perform such work, and, in eier case; signs a written form of auorization, which shall be irrevocable during e period in which e Owner-Operator performs such work, auorizing and directing e Employer to deduct from e pay, remuneration, compensation or reward earned by e Owner-Operator e sum of: > ten dollars and fifty-one cents ($10.51) effective April 01, 2016 > ten dollars and fifty-eight cents ($10.58) effective > ten dollars and sixty-ree cents ($10.63) effective November 26, > ten dollars and sixty-eight cents ($10.68) effective 2018 > ten dollars and seventy-eight cents ($10.78) effective April 01, 2019 for each hour worked and for each hour of travel time, and to remit e same to e Union to be applied by e Union in e manner described in Article 3.04 (c). (iv) agrees at e Employer may wihold a reasonable sum pending presentation by e Owner-Operator of a WorkSafeBC clearance letter pertaining to assessments. (c) (d) The Employer furer agrees at he will deduct and remit to e Union e contribution rates outlined in Article 3.04 (b) (iii) above for each hour worked and for each hour of travel time earned by e Owner-Operator, and e Union agrees at such remittances by e Employer shall be apportioned and applied on behalf of e Owner-Operator as contributions to e Operating Engineers' Benefits Plan, e Operating Engineers' Pension Plan, e International Union of Operating Engineers Local 115 Training Association (IUOETA), e Tool Allowance Fund, e British Columbia Building Trade Unions (BCBT) Fund, e Bargaining Council of British Columbia Building Trades Unions (BCBCBTU) Fund, e Jurisdictional Assignment Plan Fund, e OE Advancement Fund, e Construction Industry Rehabilitation Fund, e D&A Policy, e Canadian Building Trades, e Coalition of BC Building Trades, and working dues checkoff. The total of such deductions made by e Employer in each mon shall be remitted to e Union by e Employer not later an e fifteen (15) day of e following mon and each such remittance shall be accompanied by an Operating Engineers' Benefits 3

7 Plan form properly completed by e Employer. Such Benefits Plan form shall be provided for e Employer by e Union. The meod of deductions and remittances referred to above, shall be consistent wi Article 24 of is Agreement. (e) (f) The rate established between e Owner-Operator and e Employer shall include all of e benefits at are oerwise contained in is Agreement. The Owner-Operator may become an Employee of e Employer and covered by is Agreement. It is agreed at e provisions of Article 3.04 shall prohibit e making or carrying out of any plan, scheme or device which would have e effect of circumventing or defeating any or all of e provisions of is Agreement or depriving any Employee of employment. ARTICLE 4: W AGES 4.01 Hourly W age Rates, Employer Contributions and Employee Deductions: (a) (b) (c) The schedules of minimum straight time hourly wage rates as provided for wiin Schedules A1 and A2 attached shall apply to all work performed in accordance wi is Agreement wi respect to equipment operators. The list of employee classifications and groups pursuant to such Schedules shall apply on commercial/institutional projects. The applicable monetary package provided for wiin Schedule B shall apply to all work performed by all hydraulic and conventional crane operators. However, all oer provisions of e IUOE Local 115 Heavy Construction Standard Commercial/Institutional Agreement shall oerwise apply to all hydraulic and conventional crane operators on a commercial and/or institutional project(s). The schedules of Employer contributions and Employee deductions as provided for wiin Schedule C shall apply to all work performed in accordance wi is Agreement. All Employer contributions shall be calculated on e basis of hours worked Benefits Plan and Pension Plan: The Employer will make contributions for Benefits Plan and Pension Plan in such amounts and under such conditions as are set for in e Schedule forming part of is Agreement. Employer contributions to e Pension Plan will be pro-rated for Trainees/Apprentices based on e corresponding percentage of eir classification Vacation and General Holidays: Vacation and General Holiday pay shall be accrued at e rate of eight percent (8%) of gross earnings (four percent (4%) for annual vacation and four percent (4%) for General Holidays) and shall be paid to e Employee on each regular pay day. Each Employee is entitled to a minimum vacation period of ree (3) weeks each year. The 4

8 vacation period will be arranged by mutual agreement between e Employees and e Employer. The recognized General Holidays are: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Friday prior to British Columbia Day, British Columbia Day, Friday prior to Labour Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any day declared a public holiday by e Federal or Provincial Government. No work will be performed on Labour Day. All work performed on General Holidays shall be paid for at double time rates. Notwistanding e foregoing, e Friday prior to Labour Day may be floated and e day erefore worked at straight time rates, wi an alternate day scheduled to be taken off as mutually agreed between e Employer and e Employee. When a General Holiday falls on a Saturday or Sunday, e following Monday will be observed. Refer to Article 5.05 (c) for Compressed Work Week. When Christmas and Boxing Days fall on Saturday and Sunday e following Monday and Tuesday will be observed Payment of Wages: Notwistanding any/all contrary provisions contained wiin is Agreement, all payroll shall be processed in a manner consistent wi CRA regulations. (a) (b) (c) (d) (e) The Employer shall at least every second Friday, pay to each Employee covered by is Agreement all wages earned by at Employee to a day not more an five (5) working days prior to e date of payment, provided at if a General Holiday falls on e regular payday, payment will be made e preceding day. On projects where two (2) or more shifts are required, e second and ird shifts shall be paid every second Thursday. Payment of wages will be made during working hours. Where a payroll is not met wiin e prescribed time, unless proper reasons for e delay are forcoming, it shall not be considered a violation of is Agreement for e Employees to cease work until payment of wages or oer arrangements are made. If a pay office is not established at e project concerned en arrangements may be made wi e Employee. These arrangements shall include suitable financial arrangements to enable him to reach his point of hire, and in e event at such arrangements include an advance in cash, is shall be deducted from his final pay cheque. Where an Employee is not paid as per Article 4.04 (g), such Employee shall be deemed to be still on e payroll of e Employer, and shall receive his usual wages and all oer conditions until ere is compliance wi e provisions or oer arrangements are made between e Employer and e Union. 5

9 (f) The Employer will provide an itemized statement wi each pay, showing e number of hours at straight time rates and at overtime rates, e wage and total deductions. All wages are payable in Canadian dollars. (g) (h) (i) Payment of wages may be made by cheque or electronic deposit. Cheque statements may be provided electronically via secure Internet/ . In e event e Employer is unable to pay all monies which are owing to an Employee at e time of termination of employment, such monies shall be paid as quickly as reasonably possible ereafter but in no event later an seven (7) calendar days or in conjunction wi e Employer's next regularly scheduled payroll, whichever comes first. If requested, e Employer shall provide a termination slip to e Employee upon termination, which shall state e reason for e Employee's termination, and wheer or not he is eligible for rehire. A copy of e termination slip shall be supplied wiin ree (3) calendar days upon request of e Union. One (1) hour's notice of termination will be given to each Employee by e Employer or one (1) hour's pay in lieu ereof. Heavy duty mechanics and apprentice mechanics may utilize is hour to gaer togeer eir tools and put em in shape for eir next job Bonding Payroll Failures and Out-of-Province Firms: (a) (b) Before members are dispatched to any Employer who is not signatory to an Operating Engineers' Agreement, such Employer may be required to deposit a bond suitable to e Union, up to twenty-five ousand dollars ($25,000.00) for use in default of payment of wages, Benefits contributions, vacation pay, General Holiday pay, or any oer contributions or payments provided by is Agreement. When no longer required, such bond shall, by mutual consent of e Union and e Employer concerned, be terminated. Where ere have been instances of payroll failures by e Employer, or principals or directors, to meet payroll requirements, e Union shall have e right to: (i) (ii) (iii) inspect e Employer's payroll; and/or require e posting of a suitable bond; and/or require at payment of wages and oer payroll requirements be by cash or certified cheque New Classifications: As and when types of equipment or work meods are introduced which are not included in e list of classifications contained in e attached Schedule, e Employers' auorized representative shall promptly negotiate wi e Union a wage rate for such equipment or work meod. Every effort will be made to conclude negotiations wiin irty (30) days but in any event, e 6

10 rate established shall be retroactive to e day notice in writing is given by eier Party to commence negotiations. In e event of disagreement, e question of a rate to be paid shall be referred to Arbitration per e provisions of Article Multiple Classifications: Notwistanding any/all contrary provisions of is Agreement, when an Employee works in multiple classifications and/or on multiple pieces of equipment during any one (1) shift such Employee shall be paid for actual hours worked wiin each classification and/or on each piece of equipment. The Parties agree at actual hours worked shall be calculated to e nearest full hour Change of Employee Classification: If an Employee does not agree to accept work in a lower wage rate classification, such Employee shall accept a layoff, in writing, and e Employer shall process such layoff, on e basis of lack of work, effective e end of e Employee s shift. ARTICLE 5: HOURS OF LABOUR, SHIFTS AND CALL-OUT TIME 5.01 Regular Hours: (a) Eight (8) hours shall constitute a day's work between e hours of 8:00 a.m. and 4:30 p.m., five (5) days shall constitute a week's work; i.e., Monday 8:00 a.m. to Friday 4:30 p.m. 8:00 a.m. to 12:00 Noon. 4 hours 12:00 Noon to 12:30 p.m. 0 hours Meal 12:30 p.m. to 4:30 p.m. 4 hours Total hours paid 8 hours Any work hours under e forty (40) hour weekly maximum missed during e regular work week may be made up on a Saturday at straight time upon mutual agreement between e Employee(s) and Employer. When all Employees on e crew are sent home on e same day, ey shall be provided e same opportunity to work Saturday at straight time, alough each Employee shall retain e right to decline such opportunity. (b) The start of e work week shall be Monday 8:00 a.m., except as provided below: Flex Starting Time: The starting and stopping time on a project may be varied by a maximum of two (2) hours earlier or later an e oerwise required start time of e shift upon mutual agreement of e Employer and e majority of IUOE members employed on such project. 7

11 The starting and stopping time of e Employees shall be from e designated lock-up at ground level or one (1) level eier up or down from ground level. When additional shifts are required, e hours of work shall be as outlined in Article (c) Adequate time will be allowed prior to quitting time for picking up tools Shifts: The Employer may schedule an afternoon and/or night shift if/as required. It shall not be necessary for ere to be a day shift in order for ere to be an afternoon and/or a night shift. Nor shall it be necessary to maintain an afternoon shift and/or night shift for consecutive days in order to constitute such a shift Shift Premium: The Employer shall pay a shift premium over and above e oerwise applicable minimum straight time hourly wage rate to any Employee who is employed on an afternoon or night shift. The minimum straight time hourly wage rate applicable for all Apprentice/Trainee Employee classifications shall be recalculated accordingly. Such shift premium shall be paid on straight time hours only in accordance wi e following schedule. Second and subsequent meal breaks shall not be considered as hours worked. Overtime on afternoon and night shifts shall be payable for all hours of work performed in excess of eight (8) hours per shift. Day Shift Afternoon Shift Night Shift No shift premium. The applicable minimum straight time hourly wage rate shall be increased by eight percent (8%) for each hour worked on any shift which commences at any time after 10:00 am but on or before 8:30 pm. The applicable minimum straight time hourly wage rate shall be increased by seventeen percent (17%) for each hour worked on any shift which commences at any time after 8:30 pm but on or before 1:00 am Shift Rotation: Where two (2) or more shifts are required, ey shall rotate every two (2) weeks where practical; i.e., it is not intended at rotation would apply where ere is no counterpart or cross shift Compressed W ork W eek: A compressed work week may be established by e Employer. The terms and conditions of such compressed work week shall be as follows and shall supersede any/all contrary provisions of e Agreement. 8

12 (a) Hours of Work: (i) (ii) (iii) Ten (10) straight time hours (8:00 a.m. to 6:30 p.m., inclusive of a meal break) shall constitute e compressed work week day shift. Forty (40) straight time hours, Monday rough Thursday inclusive, or Tuesday rough Friday inclusive, shall constitute e regular work week. Ten (10) straight time hours (6:30 p.m. to 5:00 a.m., inclusive of a meal break) shall constitute e compressed work week afternoon shift. Forty (40) straight time hours, Monday rough Thursday inclusive, or Tuesday rough Friday inclusive, shall constitute e regular work week. The applicable shift premium shall apply. Notwistanding (i) and (ii), e scheduled start time of e shift may be varied by up to one (1) hour earlier or later at e discretion of e Employer. (b) Overtime: (i) (ii) (iii) The first ten (10) hours of overtime worked on e Friday of a Monday rough Thursday compressed work week, or on e Monday of a Tuesday rough Friday compressed work week, shall be payable at one and one-half (1½) times e oerwise applicable minimum straight time hourly wage rate. The first eight (8) hours of overtime worked on a Saturday shall be payable at one and one-half (1½) times e oerwise applicable minimum straight time hourly wage rate. All oer overtime hours, including all hours worked in excess of ten (10) hours per day, all hours worked in excess of eight (8) hours on a Saturday, and all hours worked on Sundays and General Holidays, shall be payable at two (2) times e oerwise applicable minimum straight time hourly wage rate. (c) General Holidays: All General Holidays which occur during a compressed (or alternate) work week shall be observed on e actual day of e General Holiday, even if such day would oerwise have been a regularly scheduled day off (e.g. e Friday of a Monday to Thursday compressed work week, or a Saturday, or Sunday, etc.). When a General Holiday is observed in accordance wi e foregoing, overtime rates shall not apply on a regular work day in lieu of e General Holiday. All General Holidays which occur on e second or ird day of a compressed work week schedule may be rescheduled by prior mutual agreement of e Employer and e Union Underground Shifts: (a) Refer to Article 8.12 for Special Conditions which apply to Underground work. In particular, Employers are reminded at Underground shifts are payable portal to portal (i.e. bo rest breaks and meal breaks are considered time worked). 9

13 (b) A ten percent (10%) premium shall be paid for working underground. If an Employee works any part of a half-shift underground, he shall be paid for at half-shift at ten percent (10%) higher rate. The lunch break will be e end of e first half-shift All work done outside of e hours mentioned in Articles 5.01, 5.02, 5.03, 5.05 and 5.06 above shall be considered overtime, except when working hours are changed to obey fire prevention regulations made under e "Forest Act" Call Out Time: Where an Employee is called out for work, and no work is performed, he shall be paid four (4) hours except in e case of inclement weaer, en he shall be paid only two (2) hours: (a) (b) (c) on regular shifts at straight time; on Saturdays, Sundays and General Holidays at e prevailing overtime rates; where an Employee is called out for work at any time, and work is performed, he shall be paid a minimum of: (i) (ii) (iii) on regular shifts four (4) hours at straight time; on overtime days, four (4) hours at e prevailing overtime rates; after e regular shift, Employees called to work shall receive a minimum of four (4) hours' pay at e prevailing overtime rates; provided however, at e Employee has reported to e jobsite in person, in a competent condition to carry out his duties, and providing adequate notice has not been given not to report to work. Adequate notice shall be construed as follows: Employees accommodated in camp shall be given one (1) hour's notice prior to starting time. Employees accommodated oer an in camp shall receive a minimum of two (2) hours' notice prior to starting time by telephone or pre-arranged radio broadcast or some oer mutually acceptable means. Each Employee shall provide e Employer wi his telephone number where he may be reached, and e Employer shall fulfill e obligations of e above paragraph by contacting at telephone number. The Employer shall only be required to pay an Employee covered by is Agreement in accordance wi e following. Such payment shall be processed at e oerwise prevailing straight time or overtime rate. > Worked in excess of 4 hours but less an 6 hours: pay for 6 hours * > Worked in excess of 6 hours: pay for 8 hours * 10

14 > Work suspended due to inclement weaer: pay for actual hours worked * In order to qualify for such payment e Employee must be available for work and in a competent condition to carry out his duties. If e Employee works more an four (4) hours on a Saturday, Sunday, or General Holiday, he shall receive a minimum of eight (8) hours' pay at e prevailing overtime rates Where an Employee reports at e request of his Employer, and performs work at overtime rates prior to his regular starting time, such time will be considered as overtime only, and not considered in calculating his daily minimums under is Article. ARTICLE 6: OVERTIME 6.01 All hours worked outside e regular hours, or e accepted variations erefrom, and outside e established shift hours, shall be considered overtime until a break of eight (8) hours occurs, and shall be paid for at e applicable overtime rates. The first two (2) hours of overtime, Monday rough Friday, shall be paid at one and one-half (1½) times e oerwise applicable straight time hourly wage rate. The first eight (8) hours of overtime on Saturdays shall also be paid at one and one-half (1½) times e oerwise applicable straight time hourly wage rate. All oer overtime hours, including all hours worked on Sundays and General Holidays, shall be payable at two (2) times e oerwise applicable straight time hourly wage rate. Any work hours under e forty (40) hour weekly maximum missed during e regular work week may be made up on a Saturday at straight time upon mutual agreement between e Employee(s) and Employer. Refer to Article 5.01 (a) for details Overtime worked shall be computed daily in units of not less an fifteen (15) minutes. For purposes of calculation, any portion of fifteen (15) minutes worked shall be considered as fifteen (15) minutes. ARTICLE 7: TRANSPORTATION 7.01 (a) The terms of daily travel, initial and terminal travel, and periodic leave/turnaround which shall apply to a non local resident employee on an out-of-town project shall be established on a project by project basis. (b) (c) Such terms shall be mutually agreed upon, in writing, by e Employer and e non local resident employee prior to e commencement of travel. Employers are advised at if such mutual agreement, in writing, cannot be provided to e Union wiin one (1) week of request, e industrial standards, pursuant to e IUOE Local 115 Heavy Construction Standard Industrial Agreement, for daily travel and initial and terminal travel shall apply. 11

15 7.02 (a) When an Employee is required to provide mechanic's tools, all cost of transporting such tools to and from e job shall be borne by e Employer. The Employer shall reimburse e Employee subject to presentation of receipts. Where such Employee transports his mechanic's tools in his own personal vehicle and ere are no receipts, e following shall apply: > 0 to 500 km = one and one-half (1½) hours of straight time pay. > Over 500 km = ree (3) hours of straight time pay. This applies to hiring and termination only. (b) When a mechanic leaves e employ of e Employer, tools shall be shipped wiin irty-six (36) hours, (excluding weekends and General Holidays). Where e Employer fails to comply wi e above, unless proper reasons for e delay are forcoming, e Employee shall be deemed to be still on e payroll of e Employer and shall receive his usual wages and all oer conditions of is Agreement until ere is compliance wi ese provisions If e Employer fails to provide work and requires an Employee to stand by for more an two (2) consecutive shifts, e Employee, at his option, shall be deemed to have been laid off, and e cost of return transportation, meals, and a sleeper if night travel is necessary, shall be paid by e Employer. Call-out time wiout work does not constitute work provided When Employees are dispatched to jobs before jobs are ready, ey will be paid waiting time at e regular rate until e job starts, or have eir return transportation paid Military Leave The Parties agree to cooperate to facilitate broad and liberal leaves for operations and training military leave for workers who serve as members of e Canadian Forces Reserves, in accordance wi Provincial and Federal law and e "Declaration of Support for e Reserve Forces" signed by e Canadian Office of e Building and Construction Trades Department and e National Construction Labour Relations Alliance, dated May 12, When an indentured apprentice is required to fulfill e annual schooling portion of e Apprenticeship Program he shall receive fare as per Article 7 - Transportation Local Transportation: No daily travel allowance shall be payable to any local resident Employee on any project located inside e Lower Mainland/Fraser Valley. A daily travel allowance, pursuant to e following schedule, shall be paid to any local resident Employee who uses his/her own vehicle to travel daily from his/her residence to a project located outside of e Lower Mainland/Fraser 12

16 Valley. A local resident shall be defined as any Employee who resides wiin one hundred (100) road kilometres of e project or, where ferry travel is involved, wiin seventy-five (75) minutes travel time, including ferry travel and road kilometres. > First forty (40) road kilometres, each way, each day not applicable > All additional road kilometres, each way, each day: > 2016 Fifty-four cents ($0.54) per road kilometer > Fifty-four cents ($0.54) per road kilometer > 2018 As per Canada Revenue Agency The "per road kilometre" amount payable is subject to annual adjustments roughout e duration of e Agreement. More specifically, e maximum allowable tax-free rate for mileage expense reimbursement as published annually by e Canada Revenue Agency shall be paid. ARTICLE 8: W ORKING CONDITIONS 8.01 Rest Breaks and Meal Breaks: (a) (b) A one-half (½) hour unpaid meal break shall be at mid-shift. Two (2) breaks of ten (10) minutes each shall be taken in a work shift at a location determined by mutual agreement between e Employer and e Union. Time of e first break shall be at one-quarter (¼) of e work shift; e second break shall be at reequarters (¾) of e work shift or as near ese periods as possible. (c) On scheduled shifts of ten (10) hours, e Employee will be given one (1) fifteen (15) minute rest break in e middle of e first five (5) hours of e shift, and one (1) fifteen (15) minute rest break in e middle of e second five (5) hours of e shift, unless workplace conditions require a variance in e timing of eier rest break on one (1) or more days. (d) (e) (f) Where an Employee is required to work rough e regular established lunch period, such Employee shall be paid e applicable overtime rate, and shall be given reasonable time of not less an fifteen (15) minutes, nor more an one-half (½) hour to consume his lunch before or after e regular lunch period. Such time shall be paid for as part of e regular shift. Where work is required beyond ten (10) hours, a second meal break of one-half (½) hour will be provided at e beginning of ten (10) hours, to be paid at straight time rates. Provision of Meals on Overtime: When Employees are required to work extended daily hours in excess of ten (10) hours, e Employer shall be required to provide a hot meal at no cost to e Employees, for ose involved. If an Employer is unable to provide a hot meal as required on a shift in excess of ten (10) hours, e Employee shall be paid twenty-five dollars ($25.00) in lieu 13

17 ereof. The time required for e consumption of e meal shall be considered as time worked, and shall not be less an one-half (½) hour (payable at straight time) and is break shall occur not more an six (6) hours after e last meal time. Should an Employee be requested to continue work, en an additional hot meal shall be supplied every four (4) hours under e same conditions as above. (g) It is agreed at no Employee shall be deprived of an overtime meal by reason of working overtime, where e Employer is providing room and board Essential protective cloing including welder's gloves, protective vests or leaer jackets, noise abatement devices, and rainwear shall be supplied at no charge to e Employee. In e event at an Employee does not return e foregoing items supplied to him by e Employer, e Employer shall charge e cost of same to e Employee and deduct is cost from any money owing to e Employee Chemical or flush toilets shall be provided from e commencement of work on all jobs. Where e sewer or chemical toilets are not available, sanitary toilet facilities shall be provided as called for in local sanitary regulations. Toilet houses shall be painted, at least on e inside, and cleaned out daily. Toilet paper will be provided Where ere is no running tap water available, drinking water in approved sanitary containers shall be provided. Paper cups will be supplied. Salt tablets shall be supplied during e summer mons A lock-up shall be provided for Employees for drying cloes, and dressing room, as well as lunch room. The lock-up shall have tables, and benches wi provision for drying cloes. Such lock-up shall have windows and venting wi adequate lighting and provision for continuous heat twenty-four (24) hours a day. The Employer shall be responsible for having e lock-up cleaned out daily and kept cleared of building material and oer construction paraphernalia. Additional shelters shall be provided for Employees to eat eir lunch as may be required In case of fire or burglary e Employer shall protect e value of an Employee's work cloes up to a total of ree hundred and fifty dollars ($350.00), required tools up to e total value of e tools, (tool for tool, make for make) providing an inventory of tools and cloing is filed wi e Employer. When commencing employment, e Employee shall submit to e Superintendent or his representative an inventory of e tools and work cloes brought on e job. Coverage will commence at e date of e filing of e inventory wi e Employer. The Employee shall ensure at e inventory is current The Employer shall pay all costs of obtaining operators' licences required under e Motor Vehicles Act for Employees covered by is Agreement No Employee will be permitted to use his own motor vehicle in a manner which is unfair to oer members or against e best interest of e Union Employees requiring off-site medical attention which necessitates no return to work on at day, or where a qualified Occupational First Aid Attendant recommends rest until e next day, 14

18 en e injured Employee shall be paid for e full shift All mechanics, welders, servicemen, tire servicemen, drill doctors, steel sharpeners, bodymen painters, and mechanic and welder apprentices who request coveralls shall have ese supplied and cleaned by e Employer. Employees are expected to take reasonable care of coveralls supplied. The cost of e coveralls shall be borne by e Employer. When requested, coveralls shall be supplied to Operating Engineers on a temporary basis when ey are directed to assist ose worker classifications in is Article All shops shall provide adequate wash up facilities Special Conditions - Underground W ork: (a) (b) (c) (d) (e) (f) (g) (h) (i) A minimum of ten (10) minutes smoke time will be determined by e conditions which exist at e particular time of blasting - weaer, wind, ventilation, etc. After blasting operations, work will be resumed at e discretion of e Shift Boss. Any grievance arising from smoke clearing time will be referred to a Grievance Committee equally representative of labour and management. If necessary, consultation will be held wi e person or committee responsible for safety. Rubber boots, rubber cloing and rubber gloves will be issued by e Employer on a charge-out basis, and e cost of same will be deducted from e Employee's wages. When returned to e Employer's stores in reasonable condition on termination, e Employee will be refunded e amount of e original deduction. When replacement of rubber cloing, rubber boots and rubber gloves are required due to excessive wear or accident, e Employer will supply same to Employees at no additional cost. Safety headgear and suspensions will be issued to e Employee, e cost of which will be deducted from e Employee's first full pay cheque. If and when e hard hat is turned in, e cost of e hat will be refunded. On underground operations, lunch will be eaten on e Employer's time. Heated dry rooms complete wi shower will be provided as close to e portal as possible. All shifts shall consist of eight (8) hours portal to portal. Shift premiums shall apply pursuant to Article It is agreed at where more an one (1) shift is employed, ey shall be rotated at intervals of at least every two (2) weeks, and not more an once a week. Where camps are maintained on tunnels, shafts and raise work, e Employer agrees to supply hot soup at e lunch break. 15

19 (j) The Employer agrees at it will not be considered a violation of working conditions for Employees to drink coffee no more an twice in a working shift at his own station. The Employer will supply sufficient coffee at e lunch break to allow a workman to fill his ermos at e lunch break, as well as receive lunch period coffee A telephone(s) shall be made available to all Employees at all times for incoming or outgoing emergency purposes, and incoming messages of an emergency nature shall be relayed immediately. No Employee shall be permitted to use a personal cell phone or smart phone during working hours, excluding rest and meal breaks, except in case of an emergency. Repeated violations of e foregoing shall constitute just cause for discipline, up to and including termination. ARTICLE 9: UNION SHOP 9.01 Subject to e provisions of is Article, all Employees of e Employer engaged in and/or working at ose classifications set out in Schedules A1 and A2 attached hereto shall be or shall become members in good standing of e Union Name Requests: (a) (b) There shall be no restrictions/limitations on e Employer's right to hire via name request, and e Employer shall retain e right to refuse employment to an individual if e Employer does not believe at such individual is suitable for e available work. Notwistanding e foregoing, if such right is exercised, e Employer shall provide e Union wi a letter or outlining e reason(s) an individual was not suitable, upon receiving a written request from e Union to do so. The Union shall process an Employer's "name request" hiring of a Union member provided e Union is first notified of e Employer's intention to name request such member and provided e member is "booked in" as available for work wi e Union. Any Employee who subsequently quits working for an Employer after having been name requested by such Employer shall not be eligible to be re-employed on e same project. In order to qualify for a name request, a Union member must attend e nearest Union dispatch office prior to commencing work in order to receive a clearance upon dispatch Hiring: Notwistanding any/all contrary application and/or interpretation of is Agreement, after ere are two (2) operating engineers cleared rough e dispatch system to a specific commercial/institutional project, e Employer may exercise e option to obtain employees elsewhere, it being understood at employees so hired shall meet e Union qualifications and shall posses e skills, ability and expertise to perform e available work. (a) (b) When Employees, including Foremen, are required, only Union members having confirmation of dispatch from e Union shall be hired. Confirmation of dispatch to e member shall require eier a clearance slip or a message from e Union. When Employees are hired as provided above, ey shall be considered an Employee of 16

20 e Employer and shall be entitled to all Employee benefits. However, wi specific reference to WorkSafeBC provisions and in e event of an accident and a claim by e Employee or e said Employees is denied by WorkSafeBC, ere shall be no legal obligation upon e Employer to acknowledge or accept e claim as denied by WorkSafeBC. (c) Owner-Operators shall be hired in accordance wi Article 3.04 of is Agreement. When e Employer rents equipment e operators of such rented equipment shall be members of e Union and hired in accordance wi e provisions of is Article. (d) Apprentices and trainees as required shall be hired rough and in accordance wi e IUOETA as outlined in Article 18 of is Agreement. (e) The Union shall be given at least forty-eight (48) hours' notice between Monday, 8:00 a.m. and Friday, 5:00 p.m., to complete e dispatch, but notice shall be given to e Employer of any difficulty in completing e dispatch prior to e expiration of e fortyeight (48) hour period. When Union members are not available wiin e jurisdiction of e Operating Engineers, Local 115, en e Employer may obtain Employees elsewhere, it being understood at Employees so hired shall meet Union and tradesmen's qualifications. (f) Employees hired under is part shall have fourteen (14) days in which to make application for membership to e Union, or be replaced by a Union member when available. Employees who have made application wiin e fourteen (14) days, but who are not accepted as a member of e Union, shall be e first to be laid off, providing ere is a Union member on e project who is qualified and willing to do e job being done by e workman not yet a member of e Union. (g) (h) When an Employee suffers a compensable injury, he shall be entitled to re-employment wi e same Employer when he receives a clearance to return to work from his doctor or WorkSafeBC, providing e project is still in operation and ere is work in his classification. There shall be no restrictions/limitations on e Employer's right to transfer an Employee(s) from one (1) project to anoer roughout e province. When a non local resident Employee(s) is transferred between two (2) out-of-town projects, e rate per road kilometer will be as follows: > 2016 Fifty-four cents ($0.54) per road kilometer > Fifty-four cents ($0.54) per road kilometer > 2018 As per Canada Revenue Agency This shall be paid to e non local resident Employee from e point of dispatch to e 17

21 first project as an initial travel allowance, and from e first project to e second project, one (1) way, and from e second project back to e point of dispatch as a terminal travel allowance. The "per road kilometre" amount payable is subject to annual adjustments roughout e duration of e Agreement. More specifically, e maximum allowable tax-free rate for mileage expense reimbursement as published annually by e Canada Revenue Agency shall be paid Should an Employee at any time cease to be a member in good standing of e Union, e Employer shall, upon notification from e Union, discharge him forwi. The Union shall have e exclusive right to determine who is a member in good standing The Union reserves e right to render assistance to oer labour organizations. Refusal on e part of Union members to work wi non-union workers or workers whose organization is not affiliated wi e Building Trades Council shall not be deemed a breach of is Agreement. Articles 9.05 (a) and (b) shall supercede any/all contrary application of is Agreement. (a) (b) The Union shall not restrict/limit, in any way or for any reason, an Employer s right to contract for work on a project and to complete such work. The foregoing shall apply regardless of e union affiliation, or lack ereof, of any individual who may also be working on such project, and/or e work such individual(s) may be performing. Where an Employer performs work on such a project site, regardless of wheer e Employer is a subcontractor or merely working on e same site, e Union shall not exercise its non-affiliation clause or refuse to work on such project It shall not be a violation of is Agreement or cause for dismissal for an Employee to refuse to handle, receive, ship or transport any materials or equipment considered unfair by e Building Trades Councils of British Columbia, or to work wi or to receive from any persons or firms who are considered unfair by any of e said Building Trades Councils It is agreed at e Parties to is specific Agreement including CLR, its member contractors and e specific Employer of is Agreement shall co-operate in e support in every way e institution at e initiative of e Union, of multi-employer certification in accordance wi e Labour Relations Code of British Columbia. It is furer agreed at such multi-employer certification shall be instituted along traditional trade lines and shall not be used in any way to resolve jurisdiction or to affect e present (July, 1980) status quo between trades. ARTICLE 10: JOB STEW ARDS Job Stewards shall be recognized on all jobs and shall not be discriminated against. All Job Stewards shall be appointed by e Business Representative of e Union, and e Employer shall be notified in writing. The Job Superintendent or Foreman shall be notified by e Union 18

22 of e name or names of such Job Stewards, and in e event of a layoff or reduction of e work force, such Job Stewards shall at all times be given preference of continued employment until completion of e work unless oerwise agreed between e Parties hereto. Time shall be given to e Job Steward to carry out his duties Where projects are interrupted, Job Stewards will not be discriminated against on e resumption of work on e project The Union shall be notified in writing wiin forty-eight (48) hours if a Job Steward is discharged for cause, and such cause shall be stated in e reasons Business Representatives shall have access to all jobs covered by is Agreement in e carrying out of eir regular duties, after first notifying e Employer, Superintendent or Foreman; however, in no way will he interfere wi e Employees during working hours unless permission is granted The Employer agrees to supply e Union, once a mon, wi a list of all Employees and Sub- Contractors on e request of e Business Representative The Employer shall allow time off work wiout pay for any Employee who is serving on a Union Committee, or for purpose of serving as a Union delegate to any conference or function provided at is can be done wiout cost to e Employer. Any Employee who acts wiin e scope of e above paragraph shall not lose his job, or be discriminated against for so acting. ARTICLE 11: ROOM AND BOARD When a non local resident employee is employed on an out-of-town project, e Employer shall supply an employer supplied room plus daily meal allowance or, wi e mutual agreement of such employee, shall pay a daily living out allowance in lieu ereof. Such terms shall be mutually agreed upon, in writing, by e Employer and e non local resident employee prior to e commencement of work. Employers are advised at if such mutual agreement, in writing, cannot be provided to e Union wiin one (1) week of request, e industrial standards, pursuant to e IUOE Local 115 Heavy Construction Standard Industrial Agreement, for room and board shall apply. A local resident is someone who has resided at a permanent address for a period of forty-five (45) calendar days in any city, town, village or district where e work is being performed. ARTICLE 12: ACCIDENT PREVENTION It is understood and agreed at e Parties to is Agreement shall at all times comply wi e accident prevention regulations of e Workers Compensation Act, and any refusal on e part of an Employee to work in contravention of such regulations shall not be deemed to be a breach of is Agreement. Furer, no Employee will be discharged because he fails to work 19