COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT Between GROUP 92 MECHANICAL INC. and CLAC LOCAL 6 DURATION: May 1, 2017 April 30, 2020

2 COLLECTIVE AGREEMENT Between GROUP 92 MECHANICAL INC. (hereinafter referred to as "the Employer") and CONSTRUCTION WORKERS UNION, CLAC LOCAL 6 (hereinafter referred to as "the Union") DURATION: May 1, 2017 April 30, 2020

3 TABLE OF CONTENTS Article 1 - Purpose... 1 Article 2 - Recognition... 1 Article 3 - Union Representation... 4 Article 4 - No Strikes Or Lockouts... 5 Article 5 - Employment Policy Layoff And Recall... 5 Article 6 - Dues Check-Off And Union Membership... 9 Article 7 - Wages And Rates Of Pay Article 8 - Hours Of Work And Overtime Article 9 - Vacation And Vacation Pay Article 10 - Holidays Article 11 - Insurance Article 12 - Pension Plan Article 13 - Transportation, Travel Time, Room And Board Article 14 - Tools Article 15 - Protective Equipment Article 16 - Leaves Of Absence And Bereavement Pay Article 17 - Labour-Management Relations Committee Article 18 - Education And Assistance Fund Article 19 - Apprenticeship Article 20 - Grievance Procedure Article 21 - Arbitration Article 22 - Duration Schedule A - Classifications And Rates Of Pay Schedule B - Required Tool List For Plumbers/Apprentices Schedule C - Required Tool List For Sheet Metal Workers/Apprentices Schedule D - Entitlement List Letter Of Understanding #

4 ARTICLE 1 - PURPOSE COLLECTIVE AGREEMENT 1.01 The general purpose of this Agreement is to establish mutually satisfactory relations between the Employer, the Union and the employees and to provide the machinery for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of this Agreement The parties recognize that where various legislation overrides the provisions contained herein, such legislation shall prevail. This shall include, but not be limited to such statutes as, the Ontario Human Rights Code, the Employment Standards Act, the Workplace Safety & Insurance Act In recognition of the mutually advantageous nature of the relationship of the parties, each contractor shall contribute half (½) of the printing costs of the Collective Agreement booklets which are distributed to the employees and management of the contractor. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees covered under the classifications in Schedule A in the Province of Ontario, save and except nonworking foreperson, persons above the rank of non-working foreperson, office and sales staff. 1

5 2.02 There shall be no revision, amendment or alteration of the bargaining unit as defined herein, or of any of the terms and provisions of this Agreement, except by mutual agreement in writing of the parties. Without limiting the generality of the foregoing, no classification of work or jobs may be removed from the bargaining unit except by mutual agreement in writing of the parties The Employer agrees that the duly appointed Representatives of the Christian Labour Association of Canada and of the Construction Workers Union Local 150 are authorized to act on behalf of the Union for the purposes of supervising, administering and negotiating the terms and conditions of this Agreement and all matters related thereto The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer except as specifically limited by the provisions of this Agreement and, without limiting the generality of the foregoing, it is the exclusive function of the Employer. a. To maintain order, discipline, efficiency and in connection therewith to establish, revise from time to time and enforce reasonable rules and regulations and review the performance of the employees in consultation with the Union. If the issue is a significant change, the Employer will give prior notice to the Union before implementing. b. To hire, transfer, layoff, recall, promote, demote, retire, assign duties, discharge, suspend or otherwise discipline employees, provided that a claim by an employee that he has been discharged or otherwise disciplined without just cause may be the subject of a grievance. 2

6 c. To determine whether to contract or subcontract work or services in accordance with Article 2.05; the method of operation, including, but not limited to, the introduction and/or transfer of processes and methods of production, machinery and other equipment; the amount of supervision; the schedules of work; the rotation of shifts; the hours and days of work and the number of employees required at any time and to otherwise to operate and manage its business in all respects in order to maintain order and efficiency. d. The Union reserves the right to request a Labour/Management meeting, in accordance with the provisions in this Collective Agreement, with respect to any of the above. e. The Employer agrees that it will not exercise its rights in a manner inconsistent with the terms of this Agreement Work normally performed by members of the bargaining unit will not be subcontracted out if qualified employees are on layoff. The Employer may subcontract out work where: a. he does not have the necessary facilities or equipment, b. he does not have and cannot acquire the required manpower. In these cases the Employer agrees to hire only subcontractors whose employees will not be paid less than the rates of pay listed in Schedule A. 3

7 ARTICLE 3 - UNION REPRESENTATION 3.01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows: a. The Union may appoint Stewards to a ratio of one additional Steward for every fifteen (15) employees (i.e. 2:30, 3:45, etc.). A Steward will be paid an hourly premium of twentyfive cents (25 ). b. CLAC Representatives are representatives of the employees in all matters pertaining to this Agreement, particularly for the purpose of processing grievances, negotiating amendments to and renewals of this Agreement and enforcing the employees' collective bargaining rights as well as any other rights under this Agreement and under the law The Union agrees to notify the Employer in writing of the names of its officials and the effective dates of their appointments Stewards will not absent themselves from their work to deal with grievances without first obtaining permission from the Employer. Permission will not be withheld unreasonably and the Employer will pay such Stewards at their regular hourly rates while attending to such matters The Employer may meet periodically with his employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees. A CLAC Representative may attend such meetings There shall be no Union activity during working hours, on the Employer's premises, except that which is necessary for the 4

8 processing of grievances and the administration and enforcement of this Agreement CLAC Representatives shall have the right to periodically visit job sites, without disrupting productivity. ARTICLE 4 - NO STRIKES OR LOCKOUTS 4.01 It is understood and agreed by the Union that there shall be no strikes during the life of this Agreement It is understood and agreed by the Employer that there shall be no lockouts during the life of this Agreement. ARTICLE 5 - EMPLOYMENT POLICY LAYOFF AND RECALL 5.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force. The Employer will notify the Union of manpower requirements giving as much prior notice as possible. The Union will provide a list of manpower available. The Employer at its discretion may hire employees so listed or from other sources. It is understood that in the filling of job vacancies, Union members will have priority. However, if the local Union is unable to provide suitably skilled manpower, the Employer is free to hire such manpower as is available New Employees a. The Employer has the right to hire new employees as needed, provided that no new employee(s) will be hired while there are available employees on temporary layoff qualified to do the work (as described in 5.08 below). 5

9 b. The Union will be notified of hire of every employee by fax or on their date of hire. This notice will include the following information: i. name; ii. address; iii. date of birth; iv. telephone number; v. family status; vi. date of hire; vii. occupation. c. The Employer will not discriminate against any employee because of Union membership or lack of it, and will inform all new employees of the contractual relationship between the Employer and the Union. d. Before commencing work, any new employee will be referred by the Employer to a Steward or a CLAC Representative in order to give such Steward or CLAC Representative an opportunity to describe the Union's purposes and representation policies to such new employee a. New employees will be hired on a probationary period of 960 cumulative hours within a twelve (12) month time period from date of hire (or re-hire) for all employees (journeypersons, apprentices and labourers). Thereafter employees shall attain regular employment status. b. The Employer may conclude probation earlier than 960 hours in writing; this is effective when notice is received by the Union. 6

10 5.04 The Employer shall have the right to discharge a probationary employee for any reason and such discharge shall not be the subject of a grievance, provided the dismissal is not done in bad faith Employment rights shall cease for any employee who: a. voluntarily quits the employ of the Employer; b. is discharged and such discharge be not reversed through the Grievance Procedure; c. fails to report on the first day following the expiration of a leave of absence, unless he has a justifiable reason; d. is laid off for an indefinite period of time; e. is laid off for a continuous period of more than four (4) consecutive months; f. is absent due to work place injury for a continuous period of more than twenty-four (24) consecutive months; g. is absent due to injury or illness for a continuous period of more than twenty-four (24) consecutive months. Notwithstanding the absences described in f. and g. (above), an employee retains the right to return to his/her previous position if returning within six (6) months When the Employer deems it necessary to reduce the work force, he shall inform the Union of the need for layoffs. When, in the opinion of the Employer, a reduction of the work force is inevitable, the Employer shall be guided by the following considerations; in order of priority: 7

11 a. probationary employees are laid off first; b. ability of the employees to perform the work; c. length of employment of the employees; d. any other mutually agreed layoff method in which an employee voluntarily accepts a short term layoff In case of layoff, an employee shall be given at least a four (4) hours notice or four (4) hour s pay in lieu thereof. Any time a layoff is expected to be for five (5) days or more and any time an employee goes to trade school, a Record of Employment will be issued automatically on the last day worked Where the Employer must increase the size of his workforce he shall first recall laid off employees who have recall rights (i.e. those employees who have passed probation, who have been laid off fewer than four months, are available for recall and who have the ability to perform the work that is available). Such recall shall be guided by the same considerations used to determine order of layoff described in Article 5.06 (above) Any employee laid off and recalled for work must return within two workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return Should the need for additional employees continue beyond recall, the Employer shall follow the hiring protocol set out above Any appeal in regard to a layoff or recall must be taken up under the first step of the Grievance Procedure hereinafter set for within five (5) workdays after the layoff or recall took place. 8

12 ARTICLE 6 - DUES CHECK-OFF AND UNION MEMBERSHIP 6.01 The Employer is authorized and shall deduct from each employee's pay an amount equal to union dues, in accordance with the Union's policy on dues payment. Such deductions shall go into effect with the first month of employment of an employee. The Employer shall also deduct and remit any authorized initiation fees owing to the Union a. The total amount checked off will be turned over to the Union Treasurer each month within a week after the last check-off for the month is made, together with an itemized list of the employees for whom the deductions are made and the amount checked off for each. The Employer shall be saved harmless for all deductions and payments made. b. The Employer shall annually report on an employee's T4 form (income tax slip) the amount of union dues deducted from the employee in that year and forwarded to the Union on the employee's behalf Neither the Employer nor the Union will compel employees to join the Union The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are applicable to other members of the Union Employees who cannot support the Union because of a conscientious objection as determined by the Union internal guidelines may apply to the Union in writing. 9

13 ARTICLE 7 - WAGES AND RATES OF PAY 7.01 Wage schedules applicable to various job classifications are as set forth in Schedule "A" attached hereto and made part hereof. It is the responsibility of the employee to record and notify the Employer of any increase in wage, health benefits and pension contributions. The employee shall forfeit any retroactive reimbursement should they fail to notify the Employer of entitlements. The employee s request must be delivered to the Employer in writing New trade classifications and wage rates for the new trade classifications may be established by the Employer. Wage rates for such new trade classifications shall then be negotiated by the Employer and the Union. The new rate, if changed during negotiations, shall become retroactive to the time the new position was first filled by the employee The Employer will include with each employee s pay stub a description of the miscellaneous items which are currently lumped together. Such breakdown will show voluntary pension contributions, meal and/or boot allowances, reimbursements for approved purchases, etc The Employer may send men home if circumstances beyond the control of the Employer cause a shortage of work. Such delays may include, but are not limited to, inclement weather, delays in material delivery and poor job site access or conditions. In such circumstances, any employee who has reported for work will be paid one hour of that day s earnings, unless he was notified beforehand by the Employer not to report to work. 10

14 ARTICLE 8 - HOURS OF WORK AND OVERTIME 8.01 a. The regular work week shall consist of four (4) eight (8) hour shifts (Monday through Thursday) and one (1) five (5) hour shift (Friday for a total of thirty seven (37) hours). A four (4) day week will be implemented in accordance with the Letter of Understanding #2 appended to this Collective Agreement. b. The regular daily shift commences at 7:30 a.m. at the jobsite. In the event that equipment, trucks or material need to be picked up from the shop or office, the regular daily shift commences at 7:30 a.m. at the shop or office. For out of town projects which require daily commuting employees are not required to leave the shop earlier than 6:30 a.m. Where travel out of town is required, employees are not required to leave the shop earlier than 6:00 a.m., once per week, where accommodation is provided. c. The regular daily shift shall end at 4:00 p.m. Monday through Thursday inclusive and end at 1:00 p.m. Friday. d. A one half hour unpaid meal break will be deducted midway through the work day, and after 5 hours worked at the latest. The employee is entitled to one (1) paid fifteen (15) minute work break in the forenoon and in the afternoon a. Overtime will commence after forty-four (44) hours per week. All work performed on Saturdays and all hours 11

15 worked in excess of nine (9) hours per shift shall be overtime and paid for at the rate of one and one-half (1½) times the regular hourly rate. Weekly overtime shall not be calculated on hours for which daily overtime has been calculated. Where a shift change occurs and an employee begins a second shift in a twenty-four (24) hour period due to a short change, daily overtime is not paid unless eight hours or less break between shifts is provided, in which case daily overtime premium pay is paid. Where a second shift change occurs within the same work week, daily overtime is applicable on that second shift change. b. Premium time will be paid for all hours worked on Saturdays, Sundays and statutory holidays, unless made clear to the employee that such time worked is nonpremium time and not mandatory work. c. Premium time on Saturdays will be paid at one and one-half (1½) times the normal rate, and on Sundays and statutory holidays will be paid at two (2) times the normal rate. d. Weekend Definition where there is a night shift (coming as a result of a shift change as defined in 8.02a.), such shifts are normally scheduled as follows: i. In a four (4) shift week, the first shift of the week begins Sunday night and the last is Wednesday night. The Sunday shift is considered Monday and does not attract premium pay. ii. In a five (5) shift week, the first shift of the week begins Sunday night and the last is Thursday night. The 12

16 Sunday shift is considered Monday and does not attract premium pay. iii. In a six (6) shift week, the first shift begins Sunday night and the last shift begins on Friday night. The Sunday shift is considered Sunday and attracts premium pay. The Friday night shift is a Friday and does not attract premium time for the Saturday hours. e. Notwithstanding the hours described in 8.02(a) above, where the work performed is time and material, either as work that is extra to the bid or as a time and material project, an overtime premium of 50% commences after eight (8) hours worked and an overtime premium of 100% commences after twelve (12) hours worked Work shall not be performed on Sunday. However, if extraordinary circumstances necessitate work on Sunday, time worked shall be paid at the rate of two (2) times the regular rate of pay No employee shall be compelled to work on a Sunday or any other day of the week if such work conflicts with the established religious convictions of the employee Employees are paid a shift premium of twenty percent (20%) in addition to the regular hourly rate when shifts begin between 2:00 p.m. and 6:00 a.m. The twenty percent (20%) premium is an amount added to the hourly rate. The number of hours worked on the shift or in the week is not increased by twenty percent (20%). Shift premium pay is in addition to overtime premium pay described above. 13

17 ARTICLE 9 - VACATION AND VACATION PAY 9.01 All employees with less than one (1) year of service shall be entitled to receive vacation pay equal to eight percent (8%) of their annual gross earnings After one (1) year of service all employees shall be entitled to receive vacation pay equal to ten percent (10%) of their annual gross earnings and will be allowed four (4) weeks of vacation per year The vacation pay for all employees will be remitted monthly by the Employer to the Vacation Pay Trust Fund of the Employees' Trust Fund, together with an itemized list of the employees for whom remittances are made and the amount of vacation pay remitted for each. Remittances to the Vacation Pay Trust Fund shall be made promptly by the fifteenth of each month for the credited amounts in the previous month, in order to satisfy the legal requirements pertaining to the disbursement of vacation pay a. The Employer will endeavour to grant vacations at the time requested, in the vacation season or periods, considering business requirements. However, employees shall be entitled to a minimum of at least two non-consecutive weeks of vacation between June 1 and August 31. Vacation period request forms shall be distributed by the Employer by March 1 st for employees to return by April 1 st, and be finalized within a week and thereafter posted. Where there are conflicts that cannot be resolved, the employees choices will be honoured according to their current length of service with the Employer. Once the final schedule is 14

18 posted, it shall not be subject to change unless mutually agreed. b. Vacation time requested after April 1 will not be unreasonably denied unless vacation at that time will be a hardship to the Employer. ARTICLE 10 - HOLIDAYS Christmas Day, Boxing Day, New Year's Day, Family Day, Good Friday, Victoria Day, Dominion Day, Civic Holiday, Labour Day, Thanksgiving Day and any other holiday proclaimed by the federal or provincial government, shall not be regular working days. All work performed on such days shall be overtime and paid for at the rate of two (2) times the regular hourly rate. ARTICLE 11 - INSURANCE In order to protect the employees and their families from the financial hazards of illness or accident, and to provide the employees with certain benefits, the Employer agrees to accept the conditions governing the Benefit Plan of the Union. The Benefit Plan, maintained and administered by the Union, and supervised by a Board of Trustees provides for a life and dismemberment insurance, a major medical health insurance, a dental plan, and additional benefits to be determined by the Union The Union commits itself to keep each employee for whom the employees has remitted covered for health benefits as long as there are sufficient funds in the employees account. 15

19 Shortfalls in contributions are to be borne by the employee. Where the account is not sufficiently funded to purchase the next month s premium when due, the Union will give the employee notice and will permit the employee to be covered on a direct pay basis, subject to the rules of the Plan a. The Employer shall remit to the Union, for the employee s health fund, the hourly amount listed in Schedule A. Such remittance is an irrevocable contribution to the Union s Benefit Plan. b. For journeypersons, health plan contributions commence upon working six hundred and forty (640) cumulative hours. An initial contribution of three hundred and twenty (320) hours is made immediately upon reaching six hundred and forty (640) hours. Thereafter the contribution amount in Schedule A is remitted monthly. c. For apprentices, hourly health plan contributions commence at nine hundred and sixty (960) cumulative hours. d. Where the probation period is ended early, subject to Article 5.03b., that date is the trigger date for health fund contributions, and for new journeyperson s that is also the date that the three hundred and twenty (320) hours of initial contribution are payable. e. The Employer will inform the employee in writing (with a copy to the Union) of their classification, entitlement date and their eligibility for health fund contributions. 16

20 11.04 The Employer agrees to deduct the monthly Long Term Disability portion of the premium cost from the employee s first paycheque of each month. The Union shall advise the Employer each January what the amount is effective February for the premiums from March to the following February The Employer's contribution and any employee contributions to the Benefit Plan coverage shall be recorded on a remittance sheet supplied by the Union. On these sheets the Employer will enter: a. the name of the employee; b. total hours worked during the month for which remittance is made; c. date of hire for new employees only; d. date of termination; e. hourly rate of pay; f. total sum of Employer's contribution. The Employer will forward two (2) copies of the remittance sheet plus one separate cheque for the combined amount of the Employer's contribution to the Union monthly, not later than the fifteenth of the following month All money being earned by the employee, such as the Employer contribution to the Benefit Plan, as well as deductions made off the employee's wages, such as union dues, is a Trust Fund in the hands of the Employer until the money is paid to the Union. 17

21 ARTICLE 12 - PENSION PLAN The CLAC Pension Plan (the Plan), a defined contribution, registered Pension Plan, which is registered with the Canada Revenue Agency and the Financial Services Commission of Ontario under # , applies to all employees covered by this Collective Agreement, except where specifically excluded New employees will join the Plan immediately upon the following terms and conditions: a. The Employer agrees to pay the amount shown in Schedule A to the Union Pension Plan as defined percentages contained in Schedule A, Note 8 for each journeyperson and registered apprentices covered under this Agreement as an irrevocable contribution to the Union s Pension Plan. Note: See Schedule A, Note 8. b. The Employer will inform the employee in writing (with a copy to the Union) of their classification, entitlement date and their eligibility for pension contributions The Employer agrees to deduct, by way of payroll deduction, and remit to the RPC, additional voluntary employee pension contributions which are above and beyond those contributions outlined in Article A request for such deductions shall be submitted to the Employer on a form provided by the Plan and a copy of the completed form shall be sent to the RPC along with the first remittance of such voluntary contributions The total amount of all contributions remitted by the Employer on an employee s behalf (Employer, employee and voluntary), 18

22 shall not exceed the annual maximum money purchase contribution limits outlined by the Canada Revenue Agency The Employer will remit the employees and the Employer s contributions to the RPC within fifteen (15) days following the end of the month for which contributions are payable, together with an itemized list of the employees and the amounts applicable to each. Employer, employee and voluntary contributions will be recorded separately on the remittance Failure to remit the required amount in Article 6, 11 and 12 within the time limits will trigger the payment of interest at the rate of one and one-half percent (1.5%) per month until the amount is paid Upon remittance of the required amount contained in Article 6, 11 and 12, the Union will verify within forty-five (45) days that the remittances are correct. The Union s failure to notify the Employer in writing of any discrepancies will not constitute financial obligation on part of the Employer Where legislation prohibits an employee from contributing because of age, an amount equivalent to the deductions in Article will be paid to that employee on each paycheque. This payment in-lieu of pension contributions will not be less than the amount that employee would have received if he/she were still contributing to the Plan The Union acknowledges and agrees that, other than remitting contributions to the Plan as set out in this Article, the Employer shall not be obligated to contribute toward the cost of pension benefits provided by the Plan or be responsible for providing such benefits. 19

23 12.10 The Employer and the Union will cooperate in providing the information required to administer the Plan on the employees behalf. The Plan staff shall be responsible for informing the employees about the Plan, which includes providing updated account statements of all contributions received, investment returns allocated, and the current account balance. ARTICLE 13 - TRANSPORTATION, TRAVEL TIME, ROOM AND BOARD Transportation For employees required to travel from the shop or from their home in the Regional Municipality of Niagara to jobs outside the Regional Municipality of Niagara: a. the transportation of the employees shall be provided by the Employer and in the Employer's vehicles; b. where 13.01(a) above is impractical for the Employer and the employee is required to use his/her own car, the employee shall be reimbursed fifty-four cents (54 ) per kilometre for kilometres beyond 75 kilometers from the Employer s shop and back to the 75 kilometer zone; c. where an employee is required to use a public means of transportation, the Employer shall bear the full cost of such means of public transportation; d. if an employee's car is used for hauling company materials, the owner shall be paid fifty-two cents (52 ) per kilometre for such usage. e. the Employer has no transportation obligations to employees who do not live in the Regional Municipality of Niagara. 20

24 13.02 Travel Time a. There is no paid travel time to jobsites within seventy-five (75) kilometres of the Employer s office. b. Two way travel is paid for jobsites that lie farther than seventy-five (75) kilometres from the Employer s office. Paid time is in accordance with return time from the seventy-five (75) kilometres point to the jobsite, as calculated, in time, using Google Maps. c. In addition to a. above, employees who live outside Niagara are also not paid travel time inside the circular area that has a radius of seventy-five (75) kilometres and their home in the centre. Outside these areas, two way travel time is paid for travel to jobsites farther than seventy-five (75) kilometres from the employee s home. Paid time is in accordance with return time from the seventy-five (75) kilometre point to the jobsite, as calculated, in time, using Google Maps Out of Town Work a. Where jobs are undertaken by the Employer which require staying away from home overnight, the Employer will: i. pay a meal allowance of sixty-two dollars ($62.00) per day for all days that the employee stays overnight. This allowance shall be paid in cash on a weekly basis with an expense report form. Expense reports must be returned to the office with receipts on a weekly basis. Allowances paid, for which no receipts and expense reports are provided to the office, are reported as income on the employee s T4 report. In addition for all days that the employee cannot 21

25 reasonably be home by 6:00 p.m. when leaving at the end of the work day, a meal allowance of twenty dollars ($20.00) is paid; and ii. iii. iv. provide double occupancy lodging at least equivalent to an economy hotel chain or as agreed with the employees involved; and provide as much notice as possible that employees will be sent to work out of town. Three (3) days is the expected guideline for Employer notice and employee availability; and pay a premium of seven percent (7%) on each employee s straight time hourly rate. b. On out-of-town projects which require daily commuting, for all days that an employee cannot reasonably be home by 7:00 p.m. when leaving at the end of the work day, the Employer will provide a fifteen dollars ($15.00) meal allowance It may be necessary in some cases that a special arrangement will have to be negotiated concerning travelling. Such arrangements can be implemented only after agreement has been reached between the Employer, the employee(s) involved and the Union. Travel to jobsites in downtown Toronto is an example of where special arrangements will be needed Where an employee is required to travel from job to job using his own vehicle, he shall receive travel time as well as be reimbursed for all distance travelled at the rate set out in Article 13.01b. 22

26 ARTICLE 14 - TOOLS The employees shall supply their own hand tools Tool lists which journeymen and apprentices are required to bring to work are developed according to trade and mutually agreed by Union and Employer. ARTICLE 15 - PROTECTIVE EQUIPMENT The Employer agrees that when circumstances are within his jurisdiction such Employer will provide a place of employment which shall be safe for the employees and shall use necessary or required safety devices, and shall adopt and use methods and processes to render it safe and shall do whatever is necessary to protect the life, health and safety of the employees. It is understood that employees will wear protective equipment and clothing when required A hard hat and a pair of safety glasses will be provided free of charge to the employee upon hire. These items may be exchanged for new when worn out. The Employer may charge a nominal fee to replace lost items. Upon one year of employment, employees are entitled to a two hundred and sixty-two dollar and fifty cent ($262.50) reimbursement annually toward the purchase of safety equipment where receipts are provided to the Employer. Entitlement begins after one year of employment. The maximum of two hundred and sixty-two dollars and fifty cents ($262.50) does not carry over from year to year. 23

27 15.03 All other protective equipment needed by employees in their work will be supplied by each Employer and shall remain the property of such Employer. Each employee will be provided a work harness. Should the employee fail to return the harness in good working order at the end of their employment, they will be responsible to reimburse the Employer two hundred and fifty dollars ($250.00). This amount will be deducted from their final pay Health and Safety Committee a. The Employer agrees to establish a Health and Safety Committee for all employees of the company under the auspices of the Occupational Health and Safety Act. b. The Committee shall be made up of an equal number (not less than one each) of non-bargaining unit and bargaining unit persons who have completed their probationary period. The Union has the right to appoint the members representing the bargaining unit. c. The Committee shall keep minutes of its meetings and post them in the shop. One copy will be forwarded to the Union office. ARTICLE 16 - LEAVES OF ABSENCE AND BEREAVEMENT PAY The Employer shall grant leaves of absence without pay and without loss of employment rights for the following reasons for a maximum period of one (1) month: a. marriage; b. sickness; 24

28 c. death in the immediate family The above shall not preclude extension for personal illness where it is established in an application prior to the expiration of the leave of absence that such request for extension is justified In the case of a death in the family of an employee, the Employer will grant a leave of absence form work for the purpose of grieving, making funeral arrangements and attending the funeral a. The immediate family in this Article shall include the employee s mother, father, mother-in-law, father-in-law, brother, sister, spouse, including common-law spouse, child, grandchild, grandparent, step child for whom the employee has or has had assumed legal guardianship or a parental role, step sibling and step parent where that sibling and/or parent live together or have lived together with the employee as family. Paid leave for a death of a member of the immediate family shall be three (3) paid days. b. The extended family in the Article shall mean the employee s brother-in-law, sister-in-law, spouse s grandparent and step family member not described in a. (above). Paid leave for a death of a member of the extended family shall be one (1) paid day. ARTICLE 17 - LABOUR-MANAGEMENT RELATIONS COMMITTEE The Employer and the Union will endeavour to establish and maintain a procedure of regular communication to promote 25

29 greater understanding and better cooperation regarding all aspects of activity within the enterprise The Employer shall appoint one or two persons, and the Union shall appoint or elect two persons, to serve on the Labour- Management Relations Committee The Committee shall meet as often as deemed necessary to discuss any matters of concern placed before it by either one of the parties to this Agreement. A meeting of the committee can be called at any time to deal with urgent matters, upon due notice by either party The Committee shall elect a recording secretary whose task shall be to accurately record the proceedings of each meeting. Minutes shall be distributed to the Employer and the Union as well as to members of the Committee. ARTICLE 18 - EDUCATION AND ASSISTANCE FUND The Employer shall contribute to the Education Fund the sum of twenty four cents (24 ) per hour for each hour worked by each employee covered by this Agreement, and shall remit such contributions to the Union's Administrator The Education and Assistance Fund shall be used by the Union to assist members in exercising their right to work and have access to job sites, to educate and instruct members in the competent practice of their trade, and to instruct specific members in labour relations a. Where possession of a First Aid/CPR certificate is mandatory (for employees chosen by the Employer) courses to become 26

30 certified or to renew a certificate shall be taken during regular work hours, Monday to Friday, and attendance is paid at the regular hourly rates. b. It is mandatory for Health & Safety representatives to maintain First Aid/CPR credentials. A Foreperson who is not required to be certified who none the less obtains First Aid/CPR certification/recertification will be paid by the Employer an incentive of two hundred dollars ($200.00) upon proof of successful completion. With advance approval by the Employer, this incentive shall also apply to Lead Hands The Employer will endeavor to plan all training on weeknights. If employees are expected to attend training during a work day, the Employer will reimburse employees their base hourly rate for all hours of being in attendance (excluding pension, benefit, and training funds). Further, employees who have worked for less than 1800 hours with the Employer will have no entitlements for reimbursement. It is the responsibility of the employee to maintain and produce proof of current records of safety training, security clearance and licensing. An employee who fails to maintain current records will not be dispatched to work. ARTICLE 19 - APPRENTICESHIP It is agreed that apprentices shall be paid in accordance with the regulations issued under the Apprenticeship and Tradesmen's Qualification Act, The percentage shall be as follows: 27

31 First Year - 40% Second Year - 50% Third Year - 60% Fourth Year - 70% Fifth Year - 80% The percentages shown above are based on the Journeyperson rates, but periodic reviews (at three months and thereafter upon completing each year of 1800 apprenticeship hours) will be conducted to determine whether an apprentice will be paid a percentage based on the Lead Hand rate. These reviews are conducted by a committee comprised of the Employer (or designate), a steward, and a site foreperson. The foreperson cannot serve as the steward member of the committee. It is understood that, where an employee s rate is based on the Lead Hand rate, upon subsequent review this rate can be based on the Journeyperson wage again It is agreed that the Employer will employ apprentices as per the Ministry of Labour and Apprenticeship Board legislation Upon proof of successful completion of a term at trade school, the Employer shall reimburse an employee as follows: $600 for a grade of 91% or higher; $500 for a grade of 85% 90%; $400 for a grade of 80% 85%. There is no reimbursement where the average grade is less than those shown above. There is no reimbursement for employees who have not completed one (1) educational course upgrade (as detailed in the Letter of Understanding #1) during each year of their apprenticeship. 28

32 An apprentice is eligible who has passed probation, or has worked 960 cumulative hours for the Employer, and returns to work for the Employer for a period of 160 cumulative hours after the completion of trade school. ARTICLE 20 - GRIEVANCE PROCEDURE The parties to this Agreement recognize the Stewards and the CLAC Representatives specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than five (5) work days after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application or administration of this Agreement. The employee must make every reasonable effort to communicate a complaint to the Employer at the first possible opportunity so that immediate corrective action is possible. Such a corrected complaint may be grieved if the correction does not fully resolve the complaint. Where the employee was aware of circumstances that would lead to a complaint/grievance, but did not so alert the Employer, the Employer is not expected to bear full liability resulting from the complaint A "Group Grievance" is defined as a single grievance, signed by a Steward or a CLAC Representative on behalf of a group of employees who have the same complaint. Such grievances 29

33 must be dealt with at successive stages of the Grievance Procedure commencing with Step 1. The grievors shall be listed on the grievance form A "Policy Grievance" is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A Policy Grievance may be submitted by either party to arbitration under Article 20, bypassing Steps 1 and 2. Such Policy Grievance shall be signed by a Steward, or a CLAC Representative, or in the case of an Employer's Policy Grievance, by the Employer or his representative Step 1 Any employee having a grievance will, accompanied by a Steward or a CLAC Representative, submit the same to his immediate supervisor within five (5) work days of the act or condition causing the grievance. This supervisor will respond in writing to the grievance within three work days after the grievance is submitted. Step 2 If the grievance is not settled under Step 1, a Union Representative may within five (5) work days of the decision under Step 1, or within five (5) work days of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the Union Representative of his decision in writing three (3) work days following the said meeting. 30

34 ARTICLE 21 - ARBITRATION If the parties fail to settle the grievance at Step 2 of the Grievance Procedure, the grievance may be referred to arbitration under the following procedure The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the Grievance Procedure If a notice of desire to arbitrate is served, the two (2) parties shall each nominate an arbitrator within seven (7) days of service and notify the other party of the name and address of its nominee. The two (2) arbitrators so appointed shall attempt to select, by agreement, a Chairman. If they are unable to agree upon a Chairman within seven (7) days of their appointment, either party may request the Minister of Labour to appoint an impartial Chairman No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairman of the Arbitration Board governs Notices of desire to arbitrate and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of receipt shall be deemed to be the date of service If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may commence 31

35 arbitration proceedings and if the party in default refuses or neglects to appoint an arbitrator in accordance with Article 21.03, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties It is agreed that the Arbitration Board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article 19 and 20 where it appears that the default was owing to a reliance upon words or conduct of the other party An employee found to be wrongfully discharged or suspended shall be reinstated in accordance with the decision of the Arbitration Board Where the Arbitration Board is of the opinion that there is proper cause for disciplining an employee, but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the Arbitration Board may substitute a penalty which is in its opinion, just and equitable Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board. 32

36 ARTICLE 22 - DURATION This Agreement shall be effective on the first (1st) day of May, two thousand and seventeen (2017) and shall remain in effect until the thirtieth (30th) day of April, two thousand and twenty (2020) and for further periods of one (1) year, unless notice shall be given, by either party contained herein, within the period from ninety (90) days prior to the renewal date. Should neither of the parties give such notice this Agreement shall renew for a period of one (1) year. DATED at, ON, this day of, 20 Signed on behalf of GROUP 92 MECHANICAL INC. Per Per Signed on behalf of CONSTRUCTION WORKERS UNION, CLAC LOCAL 6 Per Per 33

37 SCHEDULE A CLASSIFICATIONS AND RATES OF PAY Hourly Vac Pay* Health Pen* EAF App* Total Plumber May 1/ May 1/ May 1/ May 1/ Sheet Metal Worker May 1/ May 1/ May 1/ May 1/ * Employer cost (approximately) see collective agreement for actual rates. Notes: 1. A site Foreperson will be paid a twenty-five percent (25%) responsibility premium above the journeyperson rate. These amounts shall be added to their weekly pay. 2. A person designated as Lead Hand 1 will be paid, at the Employer s discretion, a six percent (6%) premium over the journeyperson rate. These amounts shall be added to their weekly pay. 34

38 A person designated as Lead Hand 2 (including current Lead Hands) will be paid a thirteen percent (13%) premium over the journeyperson rate. 3. Labourers may only be used strictly for labouring work e.g. digging trenches and carrying material. All installation work will be carried out by journeypersons or apprentices. A new labourer is paid forty percent (40%) of the Plumber rate. After 960 cumulative hours this rate becomes fifty percent (50%) of the Plumber rate. There are no further wage increases to this classification. The Health Fund and Pension Plan do not apply to labourers. Where the labourer is indentured to an apprenticeship with the Employer, the pay rate becomes the appropriate apprentice pay rate. 4. Should any government legislation or regulation increase the above rates, these rates shall automatically conform. 5. Prior to work commencing out of town, the parties shall convene a pre-job meeting and conclude a pre-job agreement regarding terms and conditions, (where mutually agreed by the parties to amend those in the Collective Agreement) travel, out of town allowances and schedule of payment for same, the weekly work schedule, etc. The parties will also determine if a project can be subdivided into components making a rotation of crews on an out of town project more feasible. 6. Unless otherwise specified, months are defined in this Collective Agreement as 160 hours and years as 1800 hours. 7. Retroactivity: wages as outlined above are effective May 1, Pension: Pension will now be recorded as a percentage of base wage as follows: 35

39 Base Rate and Lead Hand 1 remain at current pension contributions ($5.21), or 15% of their rate. Lead Hand 2 and Foreman move to 16% of wage and Lead Hand/Foreman rate and the relative percentages. New Journeypersons: 50% of Pension to start after 1800 hours 75% of Pension to start after 3600 hours 100% of Pension to start after 5400 hours There will be no pension contributions for apprentices during the 1 st, 2 nd and 3 rd year of their apprenticeship. Contributions will begin at a rate of 70% for the 4 th year, and 80% for the fifth year of their apprenticeship. Existing apprentices are not affected and will remain grandfathered as per the existing language. 36