COLLECTIVE AGREEMENT · 2018. 7. 26. · COLLECTIVE AGREEMENT BETWEEN: WOODINGTON SYSTEMS...

COLLECTIVE AGREEMENT

BETWEEN:

WOODINGTON SYSTEMS INCORPORATED (hereinafter referred to as the "Company'')

-and-

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the

International Brotherhood of Teamsters (hereinafter referred to as the "Union'')

April1, 2018 to March 31, 2023

CHANGE OF ADDRESS

Dear Brothers/Sisters:

We require up-to-date addresses for all of our Teamster "members~ When you receive your Union dues receipt, if the receipt reads BAD ADR this means BAD ADDRESS or INCORRECT ADDRESS.

If your dues receipt reads BAD ADDRESS, or the address on the receipt is incorrect, please mail in a correct address to TEAMSTERS LOCAL NO. 879, 944 South Service Road, Unit #201, Stoney Creek, ON LBE 6A2, online at www.teamsters879.ca or by calling the Stoney Creek Office at:

(905) 54 7-3231 or 1-800-528-8879

Your assistance in this matter would be appreciated.

ATTENTION TEAMSTERS LOCAL 879 MEMBERS

It is extremely important that if you receive a jobrelated injury the following steps and recommendations be followed enabling the W.S.I.B. to process your reports in a timely fashion.

Important WSIB Information All Members Should Know: How to Report an Incident and/or Accident

"Steps to Follow in Case of Injury"

1. INCIDENT AND/OR ACCIDENT: Report immediately to supervisor, (foreman) and union steward. If Doctor or health care professional suggest time off, get it in writing at the time it is recommended.

2. REPORT INJURY PROPERLY: Workers reporting incidents and/or injuries must always include: time, place, type and cause of injury, full names of witnesses and a full explanation of how the injury occurred and what they were doing.

3. COLLECT WITNESS INFORMATION: Have your witnesses write down what happened, date, time, and sign it. When reporting an incident and/or injury it is in your best interest to have a job steward or witness present.

4. BE CONSISTENT IN YOUR REPORTS: You have to fill out first-aid, employer, hospital admittance, emergency room doctors and your own doctors' reports. WSIB will receive copies of all reports.

5. LET PEOPLE KNOW OF YOUR PAIN: This helps document injuries that are not visible or seem inconsequential at the time.

6. KEEP ALL CORRESPONDENCE: Keep a journal of all conversations with WSIB. Keep short notes of what both parties have said. Take copies of all correspondence and keep a copy for your personal file.

7. KEEP COOL: When talking to the WSIB, stay cool. The Board documents all incidents.

MEMBER'S REMINDER

APPLICATION FOR WITHDRAWAL

Application for a withdrawal card must be filed ·with the Union office within ten(1 0) days by the member who has been laid-off, terminated or is discharged from the Company, including sickness, accident or leave-of-absence.

THIS IS THE SOLE RESPONSIBILITY OF THE MEMBER.

Members who fail to file an application for withdrawal with the Union office will immediately fall into arrears.

Should a member return to work at any time during this period the withdrawal application will become null and void, and if once again absent for work for any reason must re-apply for withdrawal.

Applications for Withdrawal can be sent to:

TEAMSTERS LOCAL UNION NO. 879 944 South Service Road, Unit #201

Stoney Creek, ON L8E 6A2 Phone: (905) 547-3231

1-800-528-8879 Fax: (905) 545-4633

Or done on-line at www.teamsters879.ca

INDEX

ARTICLE

1 Purpose 2 Recognition 3 Union Security 4 Management Rights 5 Discrimination

6 Union Representation 7 Grievance Procedure 8 Arbitration 9 Seniority

10 Wages

11 Hours of Work 12 Statutory Holidays 13 Vacations 14 Equipment 15 Part-Time Help

16 Health & Welfare 17 General 18 Extra Contract Agreements 19 Strikes or Lockouts 20 Duration of Agreement

Letters of Understanding

#1 - Contract Ownership #2- Customer Cancels RDO/Weekend Shift #3 -Part Time Operator- Burlington Terminal #4 - Per Diem Compensation Pay #5 - Hiring of Apprentice Mechanic

PAGE

2 4 4

5 6 9

10 12

14 16 17 18 19

20 22 25 25 26

27 30 31 33 35

BETWEEN:

-and-

COLLECTIVE AGREEMENT

WOODINGTON SYSTEMS INCORPORATED (hereinafter referred to as the "Company'J


International Brotherhood of Teamsters (hereinafter referred to as the "Union'J

ARTICLE 1 - PURPOSE

1.1 The Company and the Union each agree that the purpose and the intent of this Agreement is to promote co-operation and harmony; to recognize mutual interests; to provide a channel through which information and problems may be transmitted from one to the other; to formulate rules to govern the relationship between the Union and the Employer; to promote efficiency and service and to set forth herein the basic Agreement controlling rates of pay, hours of work, dispute procedure and conditions of employment.

1.2 There shall be no effort by either signatory to misinterpret, read into, or delete from any of the provisions of this Agreement.

ARTICLE 2 -RECOGNITION

2.1 The Company recognizes the Union as the bargaining agent of all employees of Woodington Systems Incorporated working in the Regional Municipality of Niagara, save and except dispatchers, those above the rank of dispatcher, office and sales staff.

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2.2 It is agreed and understood that should the Company relocate its facilities and operations within a one hundred (100) mile radius of 2800 Thorold Townline Road, Thorold, Ontario, this Agreement will remain in full force and effect at the new location and operation.

2.3 In the Event the Company establishes a new yard or operation at a different City or Regional Municipality, the Company and Union will meet and establish staffing procedures, and will come under the terms and conditions of this Collective Agreement.

ARTICLE 3 -UNION SECURITY

3.1 It is agreed that all Union members, as of the date of the signing of this Agreement, shall maintain their Union membership in good standing for the duration of the contract as a condition of employment.

3.2 All employees hired on and after the date of the signing of this Agreement shall, as a condition of their employment, become Union members after ninety (90) calendar days of their date of employment, maintaining such membership in good standing for the duration of Agreement.

3.3 (a) The company shall deduct weekly dues, biweekly at twice the weekly dues, from each employee's pay, including probationary employees, under the formula as prescribed by the Local Union, and shall remit such money to the Local Union in the amounts so deducted under this provision no later than the fifteenth (15th) day of the succeeding month, listing the employees from whose pay such deductions have been made and also the names of any employees covered by this Agreement who have left the bargaining unit since the last payment. In no case will the monthly remittance per employee be less than four (4) times the weekly dues. During the term of this Agreement such deduction authorization shall be irrevocable.

An employee off work, for any reason, shall have Union dues deducted in double upon his/her return to work until the employee's dues are paid upto-date, so that at the end of the year the employee has paid Union dues for fifty-two (52) weeks, or the equivalent of his weeks of employment with the Company.

(b) All employees hired shall as a condition of continued employment authorize the Company to deduct the Union initiation fee of fifty dollars ($50.00) following the completion of the probationary period. The Company agrees to remit such monies so deducted to the Head Office of the Local Union along with a list of the employees from whom such money was deducted at the same time as the Union dues are remitted.

(c) The Union will supply the Company with initiation, authorization forms, application for membership forms, and dues deduction authorization forms. All such forms to be signed by all new employees on the day of hire. Upon termination of employment of an employee, his dues deduction authorization form shall be returned to the Union within four ( 4) working days.

(d) The Union shall indemnify and save harmless the Company with respect to all claims and demands against the Company by an employee as a result of the deduction and remittance of dues by the Company pursuant to this Article.

(e) The Company shall show the yearly Union monthly dues deductions on the employee's T4 slips.

(t) The Union will notify the Company in writing of any arrears in dues, initiation or re-initiation fees and the Company will commence deductions in the amounts prescribed by the Local Union and forward such monies to the Local Union along with the monthly dues as provided for above.

(g) All remittances to the Union shall include names and social insurance numbers of employees from whom such monies were deducted.

3.4 Employees who are not in the Bargaining Unit shall not perform any work in the classifications mentioned herein except probationary employees hired as such and part-time help, and except where preparation or operation of a unit is delayed because an employee failed to meet a schedule, or where an employee refuses to work or for training or instruction purposes, or in an emergency, or inspection of equipment, or for tests or experimental work, or where regular employees are not available. The utilization of this Article shall not result in the lay-off or reduction of hours of any member of the bargaining unit nor shall it affect the overall job security of any member of the bargaining unit.

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3.5 No bargaining unit employee will be laid-off from his regular classification, or suffer a shortage of work as a result of the hiring of a broker, owner-operator, or non-bargaining unit person.

ARTICLE 4- MANAGEMENT RIGHTS

4.1 Except as specifically modified by this Agreement all rights, which Management had prior to the signing of this Agreement, shall be retained by Management throughout the currency of this Agreement.

4.2 The Union recognizes that the Company has the exclusive right to manage the business and to exercise all of the customary prerogatives of Management including the conduct of the business in all respects in accordance with Management's responsibility and commitments, the right to direct the work force, determine the services to be rendered, control and schedule working hours and assign employees to shifts, determine job methods, job content, quality and quantity standards, hire, promote, demote, transfer, suspend, discipline (including verbal warnings), or discharge employees for just cause, to release employees because of lack of work, to alter facilities, equipment and methods of operation, and to establish, alter and enforce reasonable rules of conduct and procedure. A probationary employee may be discharged by the company, with or without just cause, and such discharge shall not be open to review under the grievance procedure. Safe and except the above, the exercising of these rights shall not prevent any employee in the bargaining unit from lodging a grievance under the Grievance Procedure as outlined in this Agreement.

4.3 All disciplinary records will be removed from the employee's file eighteen (18) months after the date of issuance of such discipline provided the employee has not received any other disciplinary action within that time period.

ARTICLE 5- DISCRIMINATION

5.1 No person shall be refused employment or in any manner be discriminated against contrary with the Human Rights Code of Ontario.

5.2 A representative of the Local Union shall be allowed to enter the Company's premises to deal in the administration of this Agreement, provided he does not interfere with the normal operation of the Company and providing Company approval has first been obtained. This last provision shall not be used to prevent normal conduct of Union business.

ARTICLE 6- UNION REPRESENTATION

6.1 The Company acknowledges the right of the Union to appoint one (I) Steward for up to twenty-five (25) employees on one(!) regular shift at one (l) location. An alternate Steward may be appointed in order to cover operations when the Steward is absent due to vacation or sickness.

6.2 It shall be the Steward's duties to service the employees and to process grievances as outlined in Article 7 of this Agreement. The Company agrees that the Steward will be allowed a reasonable time to perform his duties provided that such activity does not interfere with his regular work. It is further agreed by the Union that the Steward will not leave his work to perform his Steward's function without first advising the Company. No discrimination shall be shown against the Steward for carrying out his duties. Should the Company believe that the Steward's activities are affecting the quantity or quality of either the Steward's work or the work of the other employees, the Company shall contact the Business Agent of the Local Union and register a grievance.

6.3 The Union will inform the Company, in writing, of the name of the Steward and any subsequent change in the name of the Steward. The Company shall not be asked to recognize any Steward until such notification from the Union has been received.

6.4 The Company will notify the Union by registered mail or telegram prior to the suspension or discharge of a Steward. Failure of the Company to comply with this procedure shall render the dismissal or suspension null and void.

6.5 Where the Steward attends a meeting to process a grievance, then the Steward shall be paid for all time lost from normal working duties spent processing a grievance at the plant or at an alternatively designated place. All time to be authorized by Management.

6.6 The Chief Steward shall be the last man to be laid off in the event of a reduction of the work force provided he has the necessary qualifications to do the remaining work. He shall be given a reasonable opportunity to qualify for this work.

ARTICLE 7- GRIEVANCE PROCEDURE

7.1 A grievance or complaint is defined as a difference between the parties with respect to the interpretation, administration or alleged violation of this Agreement. All time limits referred to in this Article are directory only.

7.2 The parties to this Agreement are agreed that it is of the utmost importance to adjust grievances concerning the interpretation or alleged violation of this Agreement as quickly as possible. No grievance shall be considered where circumstances giving rise to it occurred or originated more than five (5) working days before the filing of this grievance.

7.3 Grievances properly arising under this agreement shall be adjusted and settled as follows:

Step No.1 The aggrieved employee shall present his grievance orally or in writing to the Operations Manager. He shall have the assistance of his Steward if he so desires. The Operations Manager shall give his decision within five (5) calendar days following the presentation of the grievance to him. If the Operations Manager's decision is not satisfactory to the employee concerned, then the grievance may be presented as follows:

Step No.2 Within three (3) working days after the decision is given at Step No. 1, the aggrieved employee may, with or without a Steward, present the grievance (which shall be reduced to writing on a form supplied by the Union and approved by the Company) to the General Manager who shall render his decision in writing within five (5) calendar days following a presentation of the grievance to him. If a settlement satisfactory to the employee concerned is not reached, then the grievance may be presented as follows:

Step No.3 (a) With three (3) working days after the decision is given under Step

No. 2, the Union may submit the grievance to the Vice President. Except in the case of a discharge, the employee, his Steward and Chief Steward shall meet with the Vice President and/or his representatives within five (5) calendar days or a date mutually agreed upon to consider the grievance submitted to Step No.3. At this stage the employee may be accompanied by a full-time representative of the Union if his presence is requested by either party. The Vice President will render his decision in writing within five (5) calendar days following such meeting.

(b) If a final settlement of the grievance is not reached at Step No.3, then the grievance may be referred in writing by either party to arbitration as provided in Article 8 at any time within thirty (30) calendar days after the decision is given under Step No.3 and if no such written request for arbitration is received within the time limit, then it shall be deemed to have been abandoned.

(c) Failing settlement at the aforementioned Steps, prior to proceeding to Arbitration, the parties may mutually agree to utilize the services of a grievance mediator/labour relations consultant within seven (7) days after the decision is given under Step No.3. The Company and the Union will equally share the fees and expenses of the mediator/labour relations consultant

7.4 In reducing a grievance to writing as provided in Article 7.3 above, the following shall be stated:

(a) the act or acts complained of and when they occurred;

(b) the identity of the employee or employees involved in the grievance;

(c) where possible, the remedy sought.

7.5 All monetary grievances that are mutually agreed upon shall be paid the following pay period.

7.6 The time periods referred to above as working days will, for the purposes of this Article, be Mondays to Fridays, and any of these time periods may be extended by mutual agreement.

7.7 A claim by an employee who has completed the probationary period that he has been discharged or suspended without just cause shall be treated as a grievance if a written statement of such grievance is lodged by the employee concerned with the Department Head at Step No. 2 of the grievance procedure within five (5) working days after the employee ceases working for the Company.

7.8 A discharged or suspended employee shall have the right to discuss the matter with his Steward privately before leaving the premises of the Company.

7.9 A discharge or suspension grievance may be settled by confirming the Company's action against the employee or by reinstating the employee with full rights and compensation for time lost or by any other arrangements, which are justifiable in the opinion of the parties to this Agreement or their agents.

7.10 Any grievance instituted by Management may be referred in writing to the Business Representative within ten (1 0) working days of the occurrence of the circumstances giving rise to the grievance and the Business Representative shall meet within three (3) working days thereafter with Management to consider the grievance. If the final settlement of the grievance is not concluded within five (5) working days of such meeting, the grievance may be referred by either party to an arbitrator as provided in Article 8.1 at any time within thirty (30) calendar days thereafter but not later.

7.11 A Union policy grievance which is defined as an alleged violation of this Agreement concerning all or a group of employees in the bargaining unit may be lodged by the Chief Steward in writing within seven (7) working days after the circumstances giving rise to such grievance occurred or originated, and if it is not satisfactorily settled it may be processed to Step No. 3 and to arbitration in the manner and to the same extent as the grievance of an employee. A policy grievance is not intended to be an alternative to a grievance by an individual employee.

ARTICLE 8- ARBITRATION

8.1 If a grievance is not settled following Step No. 3 of the Grievance Procedure, the party requiring arbitration will notify the other party of its decision to submit the grievance to arbitration within thirty (30) calendar days of receipt of the written reply following Step No. 3. Prior to proceeding to arbitration, the parties may agree to waive the time locks and utilize the services of a Grievance Mediator/Labour Relations Consultant, all costs for services to be equally shared by the parties.

8.2 The Company and the Union will attempt to select an Arbitrator to whom the matter shall be referred immediately for arbitration.

8.3 If the Company and the Union fail to agree on the selection of an Arbitrator, the party desiring arbitration shall appoint his arbitrator and shall give notice, in writing, to the other party of such appointment, together with a written statement of the question to be arbitrated. After receiving such notices and statement, the other party shall appoint an Arbitrator and give notice, in writing, to the other party of such appointment.

8.4 In the event that the two arbitrators so appointed cannot, within three (3) days, select another Arbitrator who is able and willing to serve, they shall request the Minister of Labour of the Province of Ontario to appoint the third arbitrator.

8.5 The Arbitrator, when selected or appointed, will proceed as soon as practicable to examine and determine the complaint or controversy at issue and his findings shall be final and binding upon both parties.

8.6 The Arbitrator, or Board of Arbitrators, is not authorized to alter, modify or amend any part of this Agreement and he shall only deal with grievances arising out of the interpretation, application, administration or alleged violation of this Agreement. He shall, however, have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board. The cost of Arbitration proceedings with reference to the cost of the Arbitrator in 8.2 shall be paid in equal amounts by the two parties.

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ARTICLE 9 - SENIORITY

9.1 The purpose of the following provisions relating to seniority is to provide a policy governing lay-offs, recalls, promotions and the filling of job vacancies and rehirings. In the event of a reduction in the working force, the Company shall apply the principle of "last on, first off', insofar as it is consistent with the Company's obligation to maintain an efficient working force. Following a lay-off, recall shall be executed inversely to the outlined lay-off procedure. Seniority ofthe employees will date from the time of their most recent hiring.

9.2 In the event of a lay-off, the Company shall consider:

(i) the seniority of the employees;

(ii) the qualifications, skill and ability of the employees to perform the remaining work.

Where the qualifications are relatively equal, the employee's seniority shall be the determining factor.

9.3 The determination of whether a job vacancy exists shall be solely determined by the Company. A notice of job vacancy shall be posted for two (2) working days and the qualified employee who applies, shall be considered to the vacancy subject to the qualifying provisions of paragraph 9.2. In the event no applicant is qualified, the Company may hire externally.

9.4 The semonty list shall be prepared and posted by the Company as changes occur, and a copy will be made available to the Union Business Agent and the Steward.

9.5 Employees shall be considered probationary until placed on the seniority list after ninety (90) calendar days of active employment. During the probationary period the wage rate will be one dollar ($1.00) less than the wage classification outlined in section 10.1.

If because of sickness or accident an employee is off work after having been placed on the seniority list, for the purposes of seniority rating he shall be listed according to his date of employment. This provision shall not pertain to part-time employees.

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Probationary employees will not be allowed to be included in the RDO or weekend rotations until all full-time employees have been asked, in order, through the rotation to perform such work.

9.6 Those promoted to supervisory positions, or other positions not subject to this Agreement, with a Walker Industries company, will retain their seniority after promotion for a period of twelve (12) months. If transferred for any reason, or if they voluntarily request reinstatement to their former position in the bargaining units within a twelve (12) month period, the time served in the supervisory position shall be included in determining their length of seniority. Such employees shall forfeit any and all recourse to the Grievance Procedure as outlined in the Agreement should they subsequently be discharged from such position beyond the scope of the Agreement. If an employee is promoted to a supervisory position and such position is subsequently abolished within twelve (12) months, such an employee may revert to his former position without loss of seniority.

9.7 Seniority once established for an employee shall be forfeited under the following conditions:

1. if he voluntarily quits;

2. if he is discharged for any cause and not reinstated through the Grievance Procedure;

3. if he is laid off for a period of more than twelve (12) months;

4. if he fails to report to work within five (5) working days after being notified by Registered Mail to return to work;

5. if he fails to notifY the Company within three (3) working days after being notified by Registered Mail to return to work of his intention to return to work;

6. failure to report to work for three (3) consecutive days without notifYing the Company and providing a satisfactory reason, shall constitute an automatic quit.

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7. If he fails to maintain open lines of communication by ensuring the Company has all information necessary for contact during business hours.

9.8 It shall be the duty of each employee to notify the Company within three (3) working days of any change of his address. If an employee should fail to do this, the Company will not be responsible for the failure of a notice to reach such employee.

9.9 Employees will receive a minimum of five (5) working days notice of lay-off.

9.10 Employees who qualify for severance pay under the "Employment Standards Act" will receive one and one-half (1-1/2) weeks pay (at 40 hours per week) for each week of entitlement up to a maximum of fiftytwo (52) weeks. This payment is inclusive of any and all owing amounts pursuant to the severance pay provisions of the Employment Standards Act, 2000, as amended or replaced.

9.11 Effective April 1, 2014, for the purposes of this agreement Employee Categories are as follows:

a) Level 1 -Existing Niagara Terminal employees as at March 31, 2011 and hired prior to April 1, 2011 and Mechanics, Lead Mechanics and Apprentices.

b) Level 2- Existing Burlington Terminal employees as at March 31, 2011 and all Operators and Labourers hired after April 1, 2011.

ARTICLE 10- WAGES

10.1 Levell Employees

Classifications Current April I, April!, April I, April I, April I, 2018 2019 2020 2021 2022

Mechanic $29.33 $29.81 $30.41 $31.02 $3164 $32.27 Lead Mechanic $30.54 $31.15 $31.77 $32.41 $33.06 $33.72 Operator $27.22 $27.76 $28.32 $28.89 $29.46 $30.05 Labourer $22.38 $22.83 $23.28 $23.75 $24.24 $24.72

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Level3 Mech (90%) $26.31 $26.83 $27.37 $27.92 $28.48 $29.05 Levell Mech (80%) $23.38 $23.85 $24.33 $24.82 $25.31 $25.82 1

Levell Mech $24.20 I (75%) $21.92 $22.36 $22.81 $23.26 $23.73

Level 2 Employees

Classifications Current April1, April1, April1, April1, April1, 2018 2019 2020 2021 2022

Tractor Trailer $23.69 $24.16 $24.64 $25.14 $25.64 $26.16 Straight Truck $21.52 $21.95 $22.39 $22.84 $23.29 $23.76 Labourer $21.92 $22.36 $22.81 $23.26 $23.73 $24.20

If an employee acquires a new license level, at the request of Management, they will be required to provide proof of licensing level. Once adequate documentation has been received, that employees' pay rate will be changed at the beginning of the next schedules pay cycle.

10.2 Any employee temporarily transferred to a higher classification shall be paid as outlined in Article 10.1 above. Any employee temporarily transferred to a lower paid classification for the convenience of the Company shall maintain the rate of his regular classification. Any employee who accepts work in a lower paid classification to avoid a lay-off, shall receive the rate of the lower classification.

I 0.3 The Company agrees to pay for all time lost by bargaining unit employees on the negotiating committee during contract negotiations.

10.4 Mechanics working regular scheduled shifts commencing after 12:00 p.m. (noon), shall be deemed to be an off shift and shall receive an off shift premium of forty cents ($0.40) per hour for all hours worked after 3:00p.m.

10.5 Tool Allowance - The Company agrees to pay, on April 1st of each year, an annual tool allowance, by voucher, for an agreed to supplier of one thousand dollars ($1,000.00) to those mechanics with more than one (1) year of seniority who are required to have their own set of tools for the performance of their work.

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10.6 Tool Insurance- The Company will ensure Mechanic's tools from theft and loss by fire. Mechanics will provide an inventory of tools annually consisting of a description, estimated value and digital photographs. Tool storage will comply with reasonable security provisions established by the Company.

10.7 Operators working regular scheduled shifts commencing after 12:00 p.m. (noon), shall be deemed off-shift and shall receive an off-shift premium of fifty ($0.50) cents per hour for all hours worked after 5:00p.m.

ARTICLE 11 -HOURS OF WORK

11.1 The following provisions are intended only to define the hours of work per day and days per week. Nothing herein shall be construed as a guarantee of hours of work per day or days per week.

11.2 (a) The normal work week for Operators shall be forty-two ( 42) hours, Sunday through Saturday.

(b) The normal work week for Mechanics, Lead Mechanics and Labourers shall be forty (40) hours, Sunday through Saturday.

11.3 For the purposes of maintaining a Rotating Day Off (RDO) Operators will be scheduled to work four ( 4) days Monday to Friday. Monday shall be the first day of the schedule week and a normal work day shall commence according to assigned work as described in Item 11.2.

11.4 (a) Operators shall be paid at straight time for the first forty-two ( 42) hours of work in a week.

(b)Mechanics, Lead Mechanics and Labourers shall be paid at straight time for the first forty (40) hours of work in a week.

11.5 (a) Operators shall be paid at time and one-half their regular hourly wage rate for all hours worked in excess of forty-two ( 42) hours in a week, or ten (10) hours per day (no pyramiding of overtime will be permitted).

(b) Mechanics, Lead Mechanics and Labourers shall be paid at time and onehalf their regular hourly wage rate for all hours worked in excess of forty

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(40) hours in a week, or eight (8) hours per day (no pyramiding of overtime will be permitted).

(c) All hours worked on Saturday shall be paid for at the rate of time and one-half the employee's regular rate. All hours worked on Sundays and Statutory Holidays shall be paid at double-time their regular hourly wage rate. The Company defines a day of work as starting at 12:00 a.m. (midnight) and ending at 11:59 p.m.

11.6 Employees will be allowed two (2) fifteen (15) minute rest periods, one in the first half of the shift and one in the second half of the shift without loss of pay.

11.7 When an employee reports for work and there is a shortage of work, he shall be paid for ten (10) hours work at his basic hourly rate. However, the Company may require the employee to remain on the job and perform certain duties in order to qualifY.

11.8 Employees who are called into work will be paid the greater of five (5) hours pay at the straight regular rate of pay or the actual hours worked at their applicable rate of pay.

11.9 (a) Work to be performed on regular days off (RDO), Saturdays, Sundays or Statutory Holidays will be posted by the Company. Employees wishing to perform such work available in their classification shall sign their name to a list by 9:00 a.m. the previous business day and shall then be bound to carry out such work.

(b) Such work, as available in each terminal, will be offered to employees in the classification required as follows:

a. First to the employees bid to the terminal, then

b. To employee outside the terminal.

(c) In the event no employee signs for such work, the Company shall have the right to assign the work in reverse order of seniority to the junior qualified employee, first to the employee(s) at the work terminal then to employee outside the work terminal.

11.10

11.11

11.12

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(d) Operators agreeing to work on regular days off (RDO), Saturdays, Sundays or Statutory Holidays will be given preference over contractors but the Company does not commit to providing any assignments on these days.

Starting every March 31 '\ Operators in line with overall seniority, will be given opportunity to bid into the Company's terminals of work. In the event a terminal is not bid the Company shall have the right to assign bids to said terminals in reverse order of seniority to the junior qualified employee(s).

The Company reserves the right to determine the number of employees, equipment, schedules and work methods required at each work terminal.

(a) Operators shall be required to commence and terminate their work day at their assigned terminal location. In the event the Company requires an employee to travel to another terminal location the employee in question shall be paid a per diem rate of $40 to compensate for his travel time.

(b) In the event the Company requires an employee to travel to another location the employee in question shall be paid for their travel time at their applicable rate of pay.

11.13 Management will make every effort to match Operators to their expressed preferred work assignments, in line with Operators seniority, equipment, service requirements and Operators qualifications required for the work. The Company makes no commitments to preferred work assignments.

11.14 Should the Company abandon the practice of a four ( 4) day ten (! 0) hour operation for the Operators, the hours of work shall be five (5) day and eight (8) hours for the purpose of determining daily overtime. This will also form the basis for negotiations.

ARTICLE 12- STATUTORY HOLIDAYS

12.1 The following Statutory Holidays will be granted to all regular employees:

New Year's Day Labour Day

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**

12.2

12.3

12.4

12.5

Family Day Good Friday Victoria Day Canada Day Civic Holiday

Thanksgiving Day Christmas Day Boxing Day

** 3 Floating Holidays

per contract year (mutually agreed between the Company and the employees)

Regular employees not scheduled to work on the above holidays will be paid ten (10) hours pay at their base rate.

Regular employees required to work on any of the above holidays will be paid double time for the hours worked in addition to ten (I 0) hours pay at his base rate.

If the employee works on the Statutory Holiday, a day in lieu may be granted. The day chosen will be by mutual agreement between the Company and the employee. If no mutual agreement is reached, the provisions of Article 12.3 will then apply.

To qualify for the payment of Statutory Holidays, employees must report for work on his schedule shift before and his scheduled shift after the holiday. If an employee is absent from these shifts for any reason other than bona fide illness or injury, then a satisfactory explanation must be offered to the Company before payment for the holiday is made. An employee will receive pay for a holiday if he has worked within the twenty-one (21) day period prior to the holiday. If an employee is on vacation during a Statutory Holiday, he will be paid for this holiday.

ARTICLE 13- VACATIONS

13 .I The eligibility date for vacations and vacation pay is November 30th and June 30th in each year. Computation and payment of vacation pay will be made at the pay period prior to the end of the calendar year.

Level I employees shall be eligible for vacations and vacation pay as follows:

Years of Service Vacation Pay Percentage

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As at November 30th (Vacation Time) Less than 1 year Employment Standards Act 1 to 5 years 4% (2 weeks) 5 to 10 years 6% (3 weeks) 10 to 20 years 8% ( 4 weeks) 20 to 30 years 1 0% ( 5 weeks) More than 30 years 12% (6 weeks)

Level 2 employees shall be eligible for vacations and vacation pay as follows:

Years of Service Vacation Pay Percentage As at November 30th (Vacation Time) Less than 1 year Employment Standards Act 1 to 5 years 4% (2 weeks) 5 to 10 years 6% (3 weeks) 10 to 20 years 8% (4 weeks) More than 20 10% (5 weeks)

13.2 Senior employees shall have preference to the scheduling of their vacations. Senior employees will not take more than two (2) weeks at one time if it affects other employees.

Vacation listing to be posted by February 1st and completed by the last day of February.

13.3 Only two (2) Drivers and two (2) Mechanics may be off on vacation at the same time; to ensure adequate coverage.

ARTICLE 14- EQUIPMENT

14.1 It is to the mutual advantage ofboth the Company and the employees that employees should not operate vehicles which are not in a safe operating condition and not equipped with the safety appliances required by law. It shall be the duty of employees to report promptly in writing to the Company all defects in equipment. It shall be the duty of the Company to maintain all vehicles in safe operating condition in accordance with the Department of Highways regulations. The maintenance of equipment in sound operating condition is not only a function but a responsibility of Management.

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14.2 It has been agreed between the Company and the Union having regard for safety and driver's health that all vehicles shall have heaters, windshield wipers and defrosters installed. In principle, it is agreed that all vehicles should have such equipment installed. The drivers shall be consulted regarding driver's seats prior to the purchase of new vehicles.

14.3 It is mutually agreed that a form shall be supplied to the driver on which to report defects in equipment with sufficient copies so that one can be held available for the driver and so that the office of the Company will have a copy of this report on file. The mechanic will sign this report form when repair work is completed.

14.4 When defects to equipment are reported, such equipment shall be so tagged and will not be operated until repairs are completed. Tags will only be used on equipment that is considered unsafe by virtue of The Ontario Highway Traffic Act.

ARTICLE 15- PART TIME HELP

15.1 The Company agrees that where it is necessary to use part-time help to supplement the normal work force because of peak periods, the following conditions shall apply:

15.2 (a)When the scheduled hours of work of a part time person exceed thirty (30) hours in any one (1) week, such person shall be considered a probationary employee and the conditions of this Agreement shall then apply.

(b) When the scheduled hours of work of a part time Operators, person exceed twenty-four (24) hours in any one (1) week, such person shall be considered a probationary employee and the conditions of this Agreement shall then apply.

15.3 Regular employees on lay-off will be given the first opportunity of part time work, in order of seniority, and such employees will receive their normal rate of pay and benefits for such hours of work subject to statutory deductions.

Where the Local Union feels that there is a violation of the intent in the application of the above clauses, the Company will meet to discuss the

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problem with the Local Union. If no amicable solution can be reached, the grievance shall be submitted to Step No. 3 of the Grievance Procedure as in Article 7.

Students may be hired on a full-time basis for the Summer months, May 1st to September 301

h, and shall be paid a rate of six dollars ($6.00) per hour less than the lowest classification rate in this Agreement. The Company agrees that students will be paid in accordance with all other pay regulations in this Agreement. They shall not interfere with seniority rights and job conditions of full time employees.

ARTICLE 16- HEALTH & WELFARE

16.1 During the life of this Agreement, the Company agrees to provide to regular employees on reaching seniority the following Health & Welfare Plan:

(a) Effective April I, 2007, the Company will provide a Health and Welfare Plan equivalent to the present Plan currently administered.

(b) In the event of lay-off, an employee's benefits will carry for twelve (12) months.

(c) Effective April!, 2014, Health & Welfare to include:

Life Insurance - $50,000.00 A. D. & D. - $50,000.00 Long Term Disability- $2,500/month Vision Care- $300.00 every two (2) years Paramedical - $750.00 per practitioner Eye Examinations - $80.00 Prescriptions - including Viagra

(d) In the event of the death of an active employee, the Company agrees, for a period of one year from the date of death, to continue to pay the premiums for coverage for such employee's eligible spouse and dependents under the health care, drug, vision care and dental insurance plans made available to active employees from time to time, subject to their respective terms and conditions.

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16.2 To be eligible for the above Plans, an employee must:

(a) have been in the employment of the Company for a period of at least thirty (30) continuous calendar days;

(b) have not been laid off for a period longer than the end of the current month in which he was laid off;

(c) have not been absent from work due to sickness or accident for a period longer than six (6)months; and

(d) provide a Doctor's Certificate to support the sickness or accident.

16.3 In the event Provincial or Federal legislation is passed during the term of this Agreement which would introduce or modify Health & Welfare coverage, the Health & Welfare Plan referred to in this Article will be modified to prevent duplicate coverage under both the Company and such Provincial or Federal Plans. Such combination Plans, however, will not reduce the benefits provided for employees under Article 16.

16.4 PENSION - A fully vested pension fund composed of pension contributions will accrue, without interest, for each hour worked by permanent members of the bargaining unit after the completion of ninety (90) days of active employment.

Levell Employees

Effective April 1, 2018, the Company contribution will be $3.85 per hour. Effective April1, 2019, the Company contribution will be $3.95 per hour. Effective April 1, 2020, the Company contribution will be $4.05 per hour. Effective April1, 2021, the Company contribution will be $4.15 per hour. Effective April 1, 2022, the Company contribution will be $4.25 per hour.

Level 2 Employees

Effective April 1, 2018, the Company contribution will be $2.25 per hour. Effective April1, 2019, the Company contribution will be $2.35 per hour. Effective April 1, 2020, the Company contribution will be $2.45 per hour. Effective April 1, 2021, the Company contribution will be $2.55 per hour.

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Effective April 1, 2022, the Company contribution will be $2.65 per hour.

16.5 Early retirement benefits to retirees and their spouses who retire from the Company on or after their sixtieth (601h) birthday and whose benefits shall expire upon their death or reaching the age of sixty-five (65) years, whichever occurs first, this benefit will include hea1thcare (excluding out-of-country coverage), drugs, vision care and dental in accordance with the benefit plan.

16.6 The parties acknowledge their duty to accommodate persons with disabilities, regardless of causation, in the manner and to the extent required by the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act. The Parties agree that this includes accommodating Employees with disabilities to the point of undue hardship if such accommodation will enable the Employee to perform the essential duties of his or her position. An Employee with whom an accommodation is being shall be informed of his or her option to have a union representative be present during any such discussions. The process will ensure confidentiality at all stages of the Workplace Accommodation process. Occupational Health and Safety and requirements will not be waived by either party. The Employer and the Union agree to support the principle of Early and Safe Return to Work and Workplace Accommodation of an Employee who sustains an injury, illness or disability either arising out of and in the course of employment or outside the workplace that has resulted in restriction and limitations for the affected Employee.

ARTICLE17-GENERAL

17.1 In the event of death in the immediate family, an employee will be given the necessary time off, as indicated below, to attend the funeral. The employee will be paid for this leave of absence provided he was scheduled to work during this leave of absence.

Spouse, child -up to 5 calendar days( where applicable)

Father, mother, sister, brother, father- in-law, mother-in-law, brother-in-law or sister-in-law, stepchild - up to 3 calendar days (where applicable)

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Grandparents - 1 calendar days (where applicable)

17.2 If an employee is called for Jury Duty or as a Crown Witness when under subpoena when he would normally be scheduled for work, the Company agrees to pay the equivalent of ten (10) hours pay at straight time base rate less the amount received for Jury Duty/Crown Witness and expenses. It is understood in the application of this clause that if a day employee is released from Jury Duty/Crown Witness prior to four (4) hours before the end of his normal shift, he must report for work as soon as possible to be entitled to this benefit.

17.3 Personnel- shall be allowed time off to vote in Federal, Provincial or Municipal elections in accordance with the appropriate Statute.

17.4 If an employee meets with an accident after starting work incapacitating him from carrying out his duties, he shall be paid ten (10) hours pay at his base rate for the day of his injury providing he is not receiving compensation pay for that day and the Company shall supply his transportation to a hospital or doctor.

17.5 The Company shall issue pay cheques in such a manner that all employees shall have at least one (1) full banking day prior to a Saturday or a General Holiday. Minor shortages will be paid the following pay period when brought to the attention of the Company. Shortages in excess of fifteen dollars ($15.00) will be paid immediately.

17.6 No employee shall be penalized if he refuses to work under conditions contrary to the Ontario Health and Safety Code.

17.7 It is agreed that employees handling hazardous materials shall be supplied by the Company with all necessary equipment, rubber clothing, goggles, etc., to protect the employee's person. The Company shall make a copy of the Occupational Health and Safety Act and Regulations -Industrial Establishments available on the Bulletin Board to its employees and will follow the guidelines re unknown materials.

17.8 When working overtime, an employee will be given a coffee break not to exceed fifteen (15) minutes without loss of pay at the earliest opportunity.

17.9

17.10

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The Company agrees to permit posting of any notices of Union meetings or functions on a Bulletin Board conspicuously placed and provided for that purpose. However, they are to be authorized and signed by an officer ofthe Union.

Effective April 1st, 2008, and each year thereafter, each employee will receive a two hundred dollar ($200.00) voucher to use toward the purchase of C.S.A. approved safety boots. The voucher will be redeemable at either the Company-sponsored boot truck or at Mark's Work Warehouse.

17.11 a) Employees shall be paid a maximum of ten dollars ($1 0.00) for meal allowance after working twelve (12) hours in any one day.

b) Employees sent to work out of the Regional Municipality of Niagara and required to stay overnight after one day shall be paid any reasonable expenses for meals and hotel accommodations per day.

17.12 Every two (2) years, the Company shall supply and maintain to each employee: (a) a choice of two (2) pairs of coveralls or one (1) set of raingear, (b)two (2) winter coats, (c) seven (7) pants, and (d) seven (7) shirts and three (3) t-shirts

Employees must wear Company uniforms while working. The Company agrees to have the Teamsters recognition put on the uniforms.

The Company will maintain current system of supplementing Mechanics, Lead Mechanics and Labourers regular issue with shop sets coveralls.

17.13 An employee will not be charged due to loss of his driver's licence. The Union and the Company will meet to discuss movement to alternate work but no other employee will be laid off due to such move and the employee moving shall be placed at the bottom of the departmental seniority list for work preference and lay-off. lfthe employee regains his licence prior to job bid time, he will revert to his former position.

17.14 All penalties and reprimands must be issued to the employee within seventy-two (72) hours (Saturdays, Sundays and General Holidays excluded) from the time the infraction became known with a copy to the

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17.15

17.16

17.17

Local Union, otherwise the penalty or reprimand will be considered null and void. In certain circumstances the above time frame may be extended by the Union if contacted by the Employer with the above time limits.

The Company will pay 100% of the cost of a driver medical examination required by law or any government operation or extension thereof, for all Operators who require same in their line of employment with the Company.

Company will pay 100% for out of pocket expenses related to Fast Cards. If the interview is scheduled during working hours the Company will pay for time away from work at regular straight time. If the interview is scheduled during an RDO or outside of work hours, the Company will reimburse the employee for one hour at regular straight time wages.

It is mandatory that all employees attend all quarterly meetings held on Saturday mornings unless an employee is scheduled to work or has booked vacation.

ARTICLE 18- EXTRA CONTRACT AGREEMENTS

18.1 It is agreed that neither party to this Agreement shall enter into any agreement or contract with the employees which conflicts with the terms and provisions of this Agreement.

18.2 When new types of equipment or categories of work for which rates of pay are not established by this Agreement are put into use or effect, rates governing such operations shall be subject to negotiations between the parties.

ARTICLE 19 - STRIKES OR LOCKOUTS

19.1 The Union undertakes and agrees that while this Agreement is in operation neither the Union or any employee shall take part in any strike, picketing, sit-down, slowdown, or any suspension of or stoppage of or interference with work or production which shall in any way affect the operations of the Company, and the Company agrees that it will not engage in any lockout during the term of this Agreement.

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19.2 It will not be considered a violation of Article 19.1 of this Agreement if an employee covered hereby declines to cross a picket line which has been established in furtherance of a lawful strike against the Company's customer. Interpretation of the term "lawful strike" shall be by reference to the Ontario Labour Relations Act. Notwithstanding the foregoing where the picketing Union consents, the employee shall cross the picket line and perform his duties.

ARTICLE 20- DURATION OF AGREEMENT

20.1 This Agreement shall become effective as of the first (1st) day of April, 2018, and shall remain in full force and effect until the thirty-first (31st) day of March, 2023 and shall continue in effect from year to year thereafter unless either party shall give written notice within sixty (60) days before the expiry date of each year thereafter of its desire to amend the Agreement, provided that if notice is given to amend certain portions of the Agreement, all other portions of the Agreement not requested to be amended shall remain in full force and effect.

The Company agrees to provide to the Union in writing thirty (30) days in advance of any merger, where the parties to the Agreement agree to discuss the transition further.

IN WITNESS WHEREOF the parties hereto have caused these presents to be signed by their proper officers, this _i_ day of fvl f:...""7 , 20 I% .

FOR THE UNION: .-··

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LETTER OF UNDERSTANDING- #1

WOODINGTON SYSTEMS LIMITED


International Brotherhood of Teamsters

Contract Ownership

1. The parties acknowledge the Company's Article 4.2 Management Right to determine the services to be rendered, and that Woodington Systems is a transportation service provider intended to beneficially support other Walker Environmental Group (WEG) businesses.

2. The parties acknowledge that in some cases the other WEG businesses hold transportation and disposal contracts and retains their rights to fulfil those contracts using the transportation provider of their choice due to sound business decisions.

3. Notwithstanding these facts, management commits to maximizing Woodington Operator job opportunities provided by these WEG businesses in the categories listed below having considered either sound business decisions or other strategic advantages. These opportunities will be posted for the Union's review, on a twice per year basis, and will remain as Woodington work both regularly scheduled and RDO and over a broker during each posted time period and in consideration of Article 11.13:

Norjohn Transfer waste transportation to Walker Environmental Group South Landfill.

Norjohn Transfer's Halton recyclables for transportation to Halton's approved receivers.

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Thorold compost and mulch products transportation to customers.

Niagara Region and Toronto Biosolids transportation to Niagara Biosolids plant.

WRRA (LCF, wood wastes/fuel blends) transportation from WRRA approved receivers.

Equipment float work, as required, for other Walker Environmental Group business units.

Other waste/material transportation of contracts/projects where back hauls offer strategic advantages.

4. With respect to Item 2, the company may provide job opportunities awarded by Niagara Waste as noted below:

YORK REGION

York Georgina- Strictly choice of the South Landfill

York Makham- Service will be offered to SWI drivers provided all Item 3 requirements are provided for.

York Sharon- Service will be offered to WSI drivers provided all Item 3 requirements are provided for.

MILLER WASTE (for 2018)

Miller Bales Miller Squires Beach Miller Markham IC&I

o All 3 will be offered to WSI drivers provided all Item 3 Miller Pebblestone- Strictly choice of the South Landfill

Dated this 3 day of J-f /~ "-"'\ , 20 l.K.

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Customer Cancels RDO/Weekend Shift

If a customer cancels/changes a job which was assigned to an Operator on their RDO (or weekend day), after 4:00 p.m. the day before; the Company is not required to provide that Operator with work which would unduly disrupt other workers with less seniority. r<:J Dated this ~day of ~""1 , 20 _J_ D_.

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Part Time Operator- Burlington Terminal

The following is the understanding of the employment of a Part Time Operator operating out of the Burlington Terminal:

One operator position will be designated as a "Part Time Bid Operator", operating out of the Burlington Terminal.

This operator will be used to cover RDO's, Sickness, Vacations, HOS limitations and other absenteeism in the Burlington Terminal. Weekly work schedules will vary depending upon the terminal needs.

This will be a bid position. If no position bids this position it will be forced on the junior man in the master seniority list.

All other areas of the Collective Agreement and rights afforded by seniority apply to this position.

Dated this 3.__ day of N /~ '-\ , 20 tl. FOR THE COMPANY: FOR THE UNION:

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Per Diem Compensation Pay

The "Per Diem" compensation pay for employees travelling between terminals will be offered as follows:

1. Per Diem travel pay will be paid to those operators that are requested by the company to work at another terminal on a regularly scheduled work day.

2. Per Diem travel pay will not be paid to operators that chose to work out of another terminal on their Regular Day Off, Saturdays, Sundays or Statutory Holidays.

3. Per Diem travel pay will not be paid to operators that chose to work out of another terminal to avoid a layoff or shortage of work.

The following clarification is also understood in regards to this Letter of Understanding and clause 11.1 O(b) of the Collective Agreement.

1. Operators signing to perform work on Regular Days Off, Saturdays, Sundays and Statutory Holidays are not bound to carry out work at another terminal.

2. The Company still reserves the right to assign work in reverse order of seniority to the junior qualified employee regardless of the terminal for which they work or the terminal for which the work is to be performed in.

3. Where a junior operator is forced to work the per diem travel pay will be paid as required.

Operators will report to the terminal for work under their own travel.

Dated this 3 day of H)~ "":'t , 20 _lj_.

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Hiring of Apprentice Mechanic

Employees hired as Apprentice Mechanics will be subject to the following statement:

"As a result of your hiring into the position of Apprentice Mechanic please be advised that your continued employment with Woodington Systems Inc. is contingent upon the timely and successful completion of the Truck and Coach Apprentice program, achieving a Truck and Coach Licensed Status and remaining in the classification of Mechanic unless you are subject to lay-off from that classification and are eligible to exercise bumping rights as set out in Article 9.2 of the collective agreement. For further clarity, you will not be eligible to apply for job postings outside of your classification until said obligations are met. All other conditions and rights under the collective agreement remain applicable to your employment relationship with Woodington."

This statement of employment applies to new Mechanic Apprentice hires only.

Dated this 3.._ day of )-f 14 ':1 , 20 _LK_. FOR THE COMP.Ai~Yt

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COLLECTIVE AGREEMENT · 2018. 7. 26. · COLLECTIVE AGREEMENT BETWEEN: WOODINGTON SYSTEMS...

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Transcript of COLLECTIVE AGREEMENT · 2018. 7. 26. · COLLECTIVE AGREEMENT BETWEEN: WOODINGTON SYSTEMS...