COLLECTIVE AGREEMENT Industrial... · 12 Vacations and Vacation Pay 13 Health and Accident-Sickness...

BETWEEN:

COLLECTIVE AGREEMENT

LAFARGE READY MIX - BARRIE PLANT

(hereinafter referred to as "The Employer") Of the First Part

- and -

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

(hereinafter referred to as "The Union") Of the Second Part

Date Si ned: Effective Date: March 1, 2018 Ex i Date: Februa 28, 2021

INDEX

ARTICLES DESCRIPTION

1 Intent and Purpose 2 Recoqnition 3 Manaqement Riqhts 4 Union Security 5 Union Representation 6 Grievance Procedure 7 Arbitration 8 No Strikes or Lockouts 9 Senioritv

10 Rates of Pav 11 Paid Holidays 12 Vacations and Vacation Pay 13 Health and Accident- Sickness Insurance 14 Hours of Work 15 Emplovees' Responsibilitv 16 Pension Plan 17 Bereavement 18 Reporting Allowance 19 General Working Conditions 20 Duration of Agreement 21 Pavment of Wages

Letter of Understandinq No 1 - El Top-Up Entitlement Letter of Understandinq No 2 - Excess Hours of Work Agreement

Lafarge Ready Mix - Barrie Plant Collective Agreement- 2018-2021

PAGE

3 3 3 3 4 5 5 6 6 8 8 8 9

10 11 11 12 12 12 13 13 15 16

ARTICLE 1 - INTENT AND PURPOSE

1.01 The intent and purpose of this agreement is to promote co-operation and harmony, to recognize the mutual interests of the parties, to provide a channel through which information and problems may be communicated from one party to the other, to formulate rules to govern the relationship between the Union and the Company, to promote operational efficiency, a high level of customer service and job security for the employees and profitability for the enterprise and to set forth herein, the basic agreement controlling rates of pay (including Incentive Payroll System load rates), hours of work, dispute resolution procedures and conditions of employment for all employees subject to the provisions of this agreement.

1.02 Whenever the masculine gender is used in this Agreement, the Agreement shall be read as if the feminine gender was included, and all the terms and conditions of this Agreement shall be applied equally to all members of the Union.

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees of Lafarge Canada Inc. employed at its Ready Mix operation located at 275 Saunders Road in the City of Barrie, save and except foremen, persons above the rank of foremen, office and clerical staff, sales staff, batcher and quality control staff and dispatchers.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The management of the Employer's operations, including, but not limited to the selection and direction of the working force, the right to establish and maintain rules not inconsistent with the agreement, and the right to discipline employees for just cause continue to remain vested with the Employer, subject to the terms of this agreement.

3.02 The Employer agrees that in exercising it's management rights, it will not act in a manner that is arbitrary, discriminatory or in bad faith.

ARTICLE 4 - UNION SECURITY

4.01 The Company agrees that the Union shall be the bargaining agent with respect to the bargaining unit employees covered by this agreement.

4.02 The Company agrees that all employees of the Company within the bargaining unit shall, as a condition of employment secure membership in the Union within sixty (60) days worked and maintain such membership in good standing during the term of the agreement. Each new employee, and as a condition of employment, and at the time of hiring, shall sign a regular check-off form for union dues and assessments. It is understood that each new employee shall be subject to payment of Union dues from the first day of employment. Upon sixty (60) days worked, each new employee shall sign a duplicate check-off form for initiation fee. Such form shall be supplied by the Union and the Company undertakes to have employees sign all such forms.

4.03 The Union will supply the Company with Application for Union Membership-Dues Deduction Authorization Forms. The Company shall mail or fax a copy of all completed Union Membership-Dues Deduction Authorization Forms to the Local Union Business Representative as soon as reasonably practicable.

Lafarge Ready Mix - Barrie Plant Collective Agreement- 2018-2021 Page3

4.04 The check off system of Union initiation and dues shall be made operative for the lifetime of this agreement.

4.05 The Company agrees to deduct from the first pay of each month, the current month's dues from any employee covered by this Agreement together with any authorized initiation fee. The Company further agrees to remit such monies so deducted to the Head Office of the Union in Toronto, not later than the fifteenth (151

") day of the following calendar month in which the deductions were made together with a list showing the names and social insurance numbers of the employees.

4.06 The Union agrees to save the Company harmless from any action arising out of these deductions and the remittance thereof to the Union pursuant to subsection 4.05 commenced by or on behalf of any employee against the Company and assume full responsibility for the disposition of funds so deducted, once they have been remitted by the Company to the Union.

ARTICLE 5 - UNION REPRESENTATION

5.01 The business representatives of the Union shall, after first receiving permission from the Plant Manager or his designate in the course of their duties, have access to the work site on which the employees covered by this Agreement are employed. Such visits will not interfere with the progress of the work.

5.02 The Union shall have the right to appoint or otherwise select one (1) Steward plus and alternate steward. It will be his duty to assist the Company and the Union members in carrying out the provisions of this agreement. The steward shall have seniority over all employees during his term of office, for layoff, recall and daily call-in purposes provided the steward has the qualifications, skills and ability to perform the available work.

Notwithstanding the paragraph above, the Employer shall not be required to call in the steward as the first employee to perform daily work if doing so results in the steward operating other than his regularly assigned vehicle.

5.03 The Union recognizes that stewards have their regular duties to perform as a bargaining unit employee. The Company agrees to provide a steward reasonable time away from their duties when required to deal with issues arising from the Collective Agreement, provided that they obtain their foreman's permission before leaving their regular duties.

5.04 The Union will inform the Company in writing of the name of the steward and any subsequent changes. The Company shall not be required to recognize the steward until such notification has been received.

5.05 The Company will grant leave of absence without pay, but without loss of seniority to a steward to attend Union Conventions and conferences, provided the Company is notified one (1) month prior to the date of such leave.

5.06 The employer agrees that there shall be no discrimination shown toward employees in regard to union affiliation or the steward appointed by the Union.

5.07 It is agreed that as far as practicable and provided there is no serious impact on the operation, all employees will be called into work before any sub-contracted truck rentals are employed.


ARTICLE 6 - GRIEVANCE PROCEDURE

6.01 A grievance shall be a difference, dispute or complaint arising over the interpretation, application or alleged violation of this Agreement. At Step 2 below, an employee grievance shall be submitted in writing and signed by the employee and shall include the Article in this Agreement in dispute. In situations where the employee is unable to sign a grievance due to legitimate reason, the grievance may be signed by a Union official, and such will not detract from the arbitrability of the grievance.

Step 1 By a discussion between the aggrieved employee and his immediate supervisor, the parties shall attempt to resolve the grievance. The employee may be accompanied by his steward. The supervisor shall give his decision within five (5) full working days. Failing settlement, then:

Step 2 Within five (5) full working days following the decision in Step 1, an official or officials of the Union shall meet with representatives of the Company, at which time written records of the grievance shall be presented. The decision shall be given in writing within five (5) full working days following this meeting.

6.02 Failing settlement under Step 2 of any difference between the parties arising from the alleged violation of this Agreement, such difference may be taken to arbitration as hereinafter provided, and if no written request for arbitration is received within ten (10) full working days after the decision in Step 2 is given, the grievance shall be deemed to have been abandoned.

6.03 No complaint or grievance may be submitted or considered under the grievance procedure unless it has been presented within five (5) working days from the time of the incident giving rise to the grievance. All time limits for the filing or moving a grievance to the next step are mandatory time limits, however the parties, and as evidenced in writing, may mutually agree to extend such time frames.

6.04 Any complaint or grievance concerning or affecting a group of employees shall be originated under Step 2.

6.05 Any complaint or grievance arising directly between the Company and the Union shall under Step 2.

be originated

6.06 It is agreed that all letters of discipline or reprimand will be removed from the employee's file after two (2) years from the date of the occurrence, provided the employee has no other discipline on his file, discipline or reprimands will be removed two (2) years from the date of the last offence.

ARTICLE 7 - ARBITRATION

7.01 When either party requests that a dispute be submitted to arbitration as hereinbefore provided, it shall notify the other party in writing and at the same time nominate an arbitrator. Within ten ( 10) full working days thereafter the other party shall nominate an arbitrator.

7.02 The two arbitrators so nominated shall attempt to select by agreement a chairperson of the arbitration board. If they are unable to agree upon a chairperson within a period of ten (10) full working days following the date of their appointment, they will then request the Ministry of Labour for the Province of Ontario to appoint a chairperson.

7.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

Lafarge Ready Mix - Barrie Plant Collective Agreement- 2018-2021 Page S

7.04 No matter may be submitted to arbitration, which has not been carried through the proper steps of the grievance procedure.

7.05 The arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.

7.06 The proceedings of the arbitration board shall be expedited by the parties hereto and the decision of the majority of such board will be final and binding upon the parties hereto and the employee(s) concerned, and ifthere is no majority, the decision of the chairperson shall govern.

Each of the parties hereto will bear the expense of the arbitrator appointed by it and the parties will jointly bear the expenses of the chairperson of the arbitration board.

7.07 The parties may by mutual agreement refer a grievance to a single arbitrator and the provisions of Article 7.05 and Article 7.06 will apply in relation to the expenses of the single arbitrator, which will be split equally between the parties.

ARTICLE 8 - NO STRIKES OR LOCKOUTS

8.01 The Company agrees that there will be no lock-out during the term of this agreement.

8.02 The Union agrees that there will be no strikes or slowdowns, either complete or partial, or other collective action, which will stop or interfere with operations during the term of this agreement.

8.03 The words "Strike" and "Lockout" as defined in this Agreement shall mean "strike" and "lockout" as defined in The Ontario Labour Relations Act.

ARTICLE 9 - SENIORITY

9.01 The purpose of this article is to provide employees with as large a measure of seniority as possible based upon their continuous employment with the Company and seniority shall be considered in the case of lay-offs, recalls after lay-offs and other specific circumstances as may be set out in the agreement. Subject to operational requirements the employer will make its best efforts to call in employees from the daily call-in sheet in their order of seniority.

9.02 A new employee shall be considered probationary during the first ninety (90) calendar days of employment with the Company and shall have no seniority rights or recourse to the grievance procedure during that period.

9.03 Upon completion of the probationary period, the employee's seniority shall date back to the date of hire. Any absence from regular duties for more than five (5) days shall extend the probationary period for the same period in order to allow the Company to adequately assess job performance.

9.04 When it is necessary to lay off or recall employees, the employees to be laid off or recalled shall be selected on the basis of seniority, qualifications, skill, and ability to perform the required work.

9.05 In all lay-offs and recalls the Company shall consider (a) the seniority of the employee, and (b) qualifications, skill, ability. Where those qualifications expressed in (b) are relatively equal, the employee's seniority shall be the determining factor.

The Employer will endeavor, where practicable, to notify the employees one week prior to the winter lay off.


9.06 Seniority lists of employees shall be posted on the plant bulletin board. Such lists shall show the date of hire of each employee, and shall be posted annually.

9.07 An employee shall forfeit his seniority rights, and his employment shall be terminated through:

a) voluntary resignation b) is discharged for just cause and not reinstated through the grievance procedure c) if absent from work for three (3) consecutive working days without an explanation satisfactory to the

Employer d) is laid-off on a full time basis for a period in excess of nine ( 9 ) consecutive months e) failure to return to work after a lay-off within four (4) working days after the employee has received

notification by registered mail at his last address as shown in the Employer's records.

9.08 Those promoted to a supervisory position or those positions not subject to this agreement will retain their seniority after promotion and if demoted for any reason, or if they voluntarily request reinstatement to their former position in the bargaining unit within three (3) months, the time served in such other position shall be included in their seniority rating. Such employees shall forfeit any and all recourse to the grievance procedure as outlined in this agreement should they be subsequently discharged in such a position beyond the jurisdiction of this agreement. It is understood that the provisions of this Article will be available to the bargaining unit employees for a maximum of one (1) times within a one (1) year period.

9.09 Any permanent vacancy will be posted for a period of five calendar days. Employees can indicate in writing their willingness to be considered for the vacancy. In this application employees will indicate their skills and what qualifies them to be considered. Management will review all applications and consider senior employees who have indicated an interest in the position. Management at its sole discretion will choose the successful candidate who in management's view is bests suited for the position.

9.10 The Employer and Union agree with each other that the use of conveyor trucks and employment of conveyor truck drivers shall be governed as follows:

a) The determination of the number of conveyor trucks in the fleet remains vested with the Employer.

b) Employees who currently operate conveyor trucks will be recognized by the Employer, and may continue to operate conveyor trucks subject to their performance and operational requirements.

c) When it becomes necessary to add employees to the complement of conveyor truck operators, the Employer will post the requirement and will select employees on the basis of:

(i) Qualifications, skills and ability; and (ii) Seniority

Where those qualifications expressed in (i) are relatively equal as determined by the Employer, the employee's seniority shall be the determining factor.

d) Once an employee accepts a posting to a conveyor truck, he shall remain on same until the end of the operating season.


ARTICLE 10 - RATES OF PAY

10.01 The Employer agrees to pay and the Union agrees to accept the following wage rates when employees (other than ready mix drivers) are given hourly assignments:

CLASSIFICATION MARCH 1. 2018 MARCH 1. 2019 MARCH 1. 2020 Drivers 25.37 25.75 26.14 Loaders/Operators 25.37 25.75 26.14

Probationary employees, as defined in Article 9.02, shall be paid $2.00 per hour less than the regular rates noted above for the duration of the probationary period. The probationary period may be extended but only once.

10.02 Any time the conveyor belt is taken off the cradle to deliver concrete the driver will receive a flat rate of $25.00. This will only apply when it is ordered or requested by the customer.

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

ARTICLE 11 - PAID HOLIDAYS

11.01 The following listed holidays will be granted to all seniority employees with pay. An employee will forfeit pay for the following holidays if he has been absent without permission on his regular working day before the holiday or his regular working day following the holiday, if scheduled to work either or both.:

New Year's Day Victoria Day Civic Holiday

Family Day Canada Day Thanksgiving Day

Good Friday Labour Day Christmas Day

11.02 The basis of payment will be eight (8) hours at the straight time rate.

Boxing Day

11.03 If an employee is required to work on one of the above holidays, he shall be paid at the rate of one and one-half (1-1/2) times the regular rate of pay for all hours worked, in addition to the eight (8) hours pay for the holiday.

11.04 In the event of any above mentioned holidays falling on a Saturday or Sunday, the day proclaimed by the Federal, Provincial or Municipal government shall be declared the statutory holiday and paid for in accordance with sub-sections 11.02 and 11.03 above.

When one of the above holidays falls during any employees' approved vacation, he shall be allowed an extra day of vacation or an extra day's pay at the option of the employee.

ARTICLE 12 -VACATIONS AND VACATION PAY

12.01 Each employee is entitled to vacation pay of not less than four percent (4%) of the gross wages earned by the employee in the twelve (12) month period ending June 30th of each year.

An employee who has completed one (1) year's service as of June 30th shall be entitled to two (2) weeks vacation time.


12.02 Employees who have completed five (5) or more years' service with the Employer as of June 30th in any year shall be entitled to vacation pay at the rate of six percent (6%) of his annual earnings for service in excess of five (5) years. Such employees shall be entitled to three (3) weeks vacation time at a time convenient to the Company.

12.03 Employees who have completed ten (10) or more years' service with the Employer as of June 30th in any year shall be entitled to vacation pay at the rate of eight percent (8%) of his annual earnings for service in excess of ten (10) years. Such employees shall be entitled to four (4) weeks vacation at a time convenient to the Company.

12.04 Employees with twenty (20) years or more of service will be entitled to vacation pay at the rate of ten percent (10%) with four weeks vacation time convenient to the Company.

12.05 Employees who have been off work for a period of one (1) month or more will not be required to take vacation time off, but shall be paid the applicable percentage of vacation pay instead at the employee's discretion.

12.06 In order to assist the Employer to schedule vacations, the Employer will post a form on the Bulletin Board by March 1st and remove same on May 1st of each year. During this period each eligible employee may indicate the vacation period he wishes in accordance with his seniority. By May 15th, the Employer shall then post a schedule of vacation periods and once posted, such schedule is not subject to change on the request of any employee except with the consent of other employees affected and the Employer. Seniority will apply with respect to the allocation of vacation time periods.

12.07 Effective 90 days after ratification Vacation Pay will be calculated and paid on each pay cheque in accordance with the Company pay practice. Employees will have the option of allocating a portion, as they wish to a secondary deposit, far as long as it is offered by the Company.

12.08 All vacation will be taken in blocks of five (5), working days consisting of one (1) week of vacation (excluding Saturday and Sunday).

ARTICLE 13 - HEAL TH AND ACCIDENT - SICKNESS INSURANCE

13.01 During the life of this Agreement, the Employer agrees to pay the total cost of the premiums on behalf of employees and employees' eligible dependants to provide the following benefits:

a) Life Insurance in the amount of forty-eight thousand ($48,000.00) dollars.

b) Accidental Death and Dismemberment Insurance in the amount of forty-eight thousand ($48,000.00) dollars.

c) Weekly Indemnity Insurance, paying weekly benefits equivalent to Employment Insurance benefits, commencing on the first day of accident or the eighth day of illness for a maximum period of twenty-six (26) weeks.

All rebates from having this insurance shall accrue to the Employer.

d) Major Medical Plan to provide eighty percent (80%) reimbursement of costs for:

Prescribed Drugs, meaning drugs that can only be purchased by prescription Other prescribed medical services and supplies as outlined in the Benefit Booklet


e) Generic drug substitution will be provided, unless "no substitution" is specified by the attending physician.

f) Vision Care Plan to provide prescribed eye glasses, contacts and/or laser eye surgery to a maximum of $200.00 every twenty-four (24) rolling months.

g) Dental Plan, providing coverage at eighty percent (80%) for basic coverage and fifty percent (50%) for major restorative (including dentures and prothodontics, with a current O.D.A. fee guide. Coverage extends to a maximum of $3,000.00 per family member per year.

h) Upon expiration of any short term disability benefits, but no later than 26 weeks after an initial illness, the LTD benefit will provide a benefit to each eligible employee of $1,000.00 (one thousand dollars) per month and is non-integrated with CPP disability benefits. Benefits will be for 5 years

13.02 The forgoing is subject to the terms of the plans in each case, including the eligibility requirements as established under the plans. To be eligible for any increases in the amount of benefits of any plan, employees must be actively at work on the date of the change. Otherwise, the increased benefit coverage becomes effective upon the employees return to work.

13.03 The Group Insurance Coverage for employees as herein outlined shall be in effect from the first day of the month following completion of their probationary period.

13.04 An employee recalled after one month of layoff or more shall be covered for the calendar month in which he is recalled provided he works five (5) days or more in the month, otherwise, he shall be covered from the first day of the month following his return to work. Maintenance of benefits will require five (5) days of work a month.

ARTICLE 14- HOURS OF WORK

14.01 Time and one-half (1-1/2) the basic straight time hourly rate will be paid for all hours worked in excess of ten (10) hours per day or forty four (44) straight time hours per week Monday to Saturday.

14.02 Notwithstanding the paragraph above, all hours worked beyond 12:00 noon on a Saturday shall be paid at time and one half (1 Yz) times the hourly rates. Any hours worked on a Sunday shall be paid at 2 times (2X) the hourly rate.

14.03 The Employer and Union agree with each other that all ready-mix driver work performed on Saturday, Sunday and paid holidays (the "work") shall be offered to employees on the following rotation (wheel system) basis:

a) Subject to the provisions below, the most senior qualified employee shall first be offered the opportunity to work. Subsequent opportunities to work shall be offered to the next senior qualified employee.

b) Employees who have fifty (50) or more hours worked from Monday to Friday of the previous week shall be bypassed from the rotation system. In the event an employee is bypassed, the work shall be offered to the next senior qualified employee who has worked less than fifty (50) hours in the previous week.

c) Any employee who declines an opportunity to work, who has been bypassed or accepts an opportunity to work shall be excluded from subsequent work until the employee's name returns again on the rotation system.


d) In the event the Employer is unable to perform its scheduled work on Saturday, Sunday and paid holidays based on the above rotation system, ready-mix drivers shall be required to and assigned the work based on inverse order of seniority.

14.04 It is understood that employees may take one-half (1/2) hour for lunch without pay between the fourth (41h) and sixth (61h) hour worked.

14.05 Employees may take a ten (10) minute coffee break during the middle of each half shift without loss of pay. It is agreed that this break may be scheduled by the Employer.

ARTICLE 15 - EMPLOYEES' RESPONSIBILITY

15.01 It shall be the employee's responsibility to advise the Employer of his address and telephone number and any changes which may occur.

15.02 An employee who is off work because of sickness, accident or leave of absence, must inform the Employer by 1 :00 p.m. of the day before returning to work his/her intention to be at work the next day.

15.03 Employees shall report immiatiatly to the Employer any and all loss, damage or shortage of merchandise or equipment together with statement of the cause thereof.

15.04 Employees shall report immediately to the Employer, in complete detail, all incedents and/or accidents, including the names and addresses of all witnesses to the accident, where reasonable.

Although not an exhaustive list, incidents shall be deemed as an interaction with any Regulatory Body, (for example Ministry of Transportation, Ministry of Environment, Law enforcement), moving violoations, parking tickets, or events outlined in Article 15.03.

ARTICLE 16 - PENSION PLAN

16.01 It is agreed that the current contribution rate is $1.10 per hour worked (employee contribution) and a further $1.10 per hour worked (Company contribution) to a maximum of $6,000.00 (combined) per year.

a) Effective the March 1, 2018, the contribution rate will be $1.28 per hour worked (employee contribution) and a further $1.28 per hour worked (Company contribution) to a maximum of $6,000 (combined) per year.

b) Effective March 1, 2019, the contribution rate will be $1.31 per hour worked (employee contribution) and a further $1.31 per hour worked (Company contribution) to a maximum of $6,000 (combined) per year.

c) Effective March 1, 2020, the contribution rate will be $1.35 per hour worked (employee contribution) and a further $1.35 per hour worked (Company contribution) to a maximum of $6,000 (combined) per year.

The Company will not incur any costs associated with the above changes, and that the Union and its Local 793 and all affected employees shall save harmless the Company from and all liability associated with this transfer and process.


ARTICLE 17 - BEREAVEMENT

17.01 In the case of a death of a member of the immediate family of an employee who has completed their probationary period with the company, the employee will be entitled to a leave of absence for the purpose of attending or making funeral arrangements as follows:

a) Leave of absence up to three (3) days with pay, will be allowed in the case of a death of a wife, husband, son, daughter, mother, father, brother or sister or grandchild. In the event an employee requires additional time off due to the grieving process, management will make a decision on whether additional days requested (not to exceed two (2) days) will be granted without pay.

b) Leave of absence of two (2) days with pay will be allowed in the case of a death of a mother in law, father in law, brother in law or sister in law and grandparents.

c) Such leaves of absence are not automatic and shall only be granted for days when the employee would have been scheduled to work and when the circumstances require for the purpose of attending the funeral and/or making funeral arrangements.

d) The Employer may require that an employee provide satisfactory proof of death (e.g. "link to copy of obituary") in order to establish eligibility to be paid for the requested leave.

ARTICLE 18 - REPORTING ALLOWANCE

18.01 An employee who reports to work at their regular time on a regular work day, who was not notified not to report to work, shall be provided with at least four (4) hours of work at their current rate of pay or they shall be paid four ( 4) hours of pay in lieu thereof.

18.02 An employee called out during other than regular hours will receive a minimum of four (4) hours pay at the applicable rate, except for the purposes of training. Training hours will be compensated at straight time rates, and will not be used in the calculation of either daily or weekly hours.

ARTICLE 19- GENERAL WORKING CONDITIONS

19.01 Special protective clothing will be provided by the employer when requested by the employees i.e. gloves, safety glasses, hearing protection, hard hats, and three pairs of coveralls cleaned and maintained every two years.

It is understood that all employees must take good care of all employer supplied personal protective safety equipment. Employees must wear such personal protective equipment in accordance with the employer's policies and rules.

19.02 The employer will reimburse each employee once per year towards the purchase of a pair of safety boots up to two hundred dollars ($200.00), provided the employee has completed their probation period. The Safety Boots must be CSA approved, 8 inch boots. The employee must submit a receipt as proof of purchase.


19.03 When an employee is sent out to another yard to work, and that yard has a higher rate of pay, then the employee will receive the higher rate of pay for all the hours actually worked from that yard and until he returns to his home yard.

e Time spent in his regular place of work shall be at his regular rate. If an employee is sent to work in a lower rated area, he shall receive his regular rate.

19.03 Subject to the employee being fully capable of performing the available work while not inclusive, might include blocks, plant clean-up, snow removal, parts pick-up and delivery of trucks and equipment from the manufacturer, the employer will endeavor to distribute such duties as equitably as possible. This does not apply when such duties area assigned to employees between loads during their regular shift.

19.04 Managrment will investigate, during the life of this Collective Agreement, the possibility of having the Record of Employment for employees, submitted electronically.

19.05 Any employee whose normal duties include driving an Employer vehicle and whose license is suspended for up to six (6) months shall be given leave of absence, without pay, without benefits and without loss of seniority until his driving privileges have been restored. Provided that the loss of their license did not involve impaired driving.

Suspension of a driving license for a period in excess of six (6) months may, at the discretion of the Employer, result in the discharge of the employee concerned.

An employee whose normal duties include driving an Employer vehicle, whose license is suspended by government action, must so notify the Employer in writing immediately. An employee who fails to do so shall be subject to disciplinary action up to and including immediate discharge.

To retain seniority, employees will maintain an acceptable driving record.

19.06 Truck rentals shall not be utilized until all regular employees of this agreement are called into work.

ARTICLE 20 - DURATION OF AGREEMENT

20.01 This Aoreement shall be effective on ratification and shall remain in effect until the 28th day of February, 2021 and shall continue automatically thereafter for annual periods of one (1) year each, unless c·ither party notifies the other in writin'.l within the pcciod of ninety (90) days immediately prior to the expiration date that it desires to amend the Agreement.

20.02 The parties shall endeavor to begin negotiations within fifteen (15) days following notification for amend: ,1ent, as provided in the preceding paragraph.

20.03 If, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this Agreement, or the making of a new Agreement prior to the current expiry date, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties, or until conciliation proceedings prescribed under The Ontario Labour Relations Act, 1990, as amended from time to time, have boen completed, whichever date should first occur.

ARTICLE 21 - Pl\YMENT OF WAGES

21.01 Effective the 151 pay period of September 2016, wages shall be paid bi-weekly/Friday by direct deposit at the qltion of the Employer.

Lafarge Ready Mix - Ilarrie Plant Collective Agreement - 2018-2021

IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives as of the date and year first above written.

Dated this .$ day of A5"·'.ll· , 2018, at Barrie, Ontario.

ON BEHALF OF: ON BEHALF OF:

LAFARGE READY MIX BARRIE PLANT

Signature

ON & vr Pr tt-ri.f.J -- fl~ EA 1>1fl..JA t,£ /(_ Please Print Name & Title

6509 Airport Road Mississauga, ON L4V 1 S7 Tel: 905 738 7615 I Fax: 905 738 7092


Rick Kerr, Treasurer

Joe Dowdall, flc:J!:.1:fft

Rec om men y: Justin O'Neill Sector Coordinator

, .

LETTER OF UNDERSTANDING No. #1

RE: El TOP-UP ENTITLEMENT

Employees who have not been given notice of lay off between the months of December 15th to February 28th and who are not eligible for employment insurance benefits will be guaranteed a minimum of the E.I. maximum in effect. For clarity, if the employee works any hours in a given week, these hours and earnings will be deducted from the E.I. maximum.

In order for employees to have this benefit the following applies:

Employees must be available for work each day and must be available until 1 O.OOam each day in the event there is a call in required. The employee will also be required to call in each day to the plant at 1 O.OOam to ensure no work is available. If the employee does not call in or does not answer a call during the required time frames set out herein, the employee will forfeit any "make up" entitlement as outlined in this letter of understanding.

Each day, if no work is assigned by 1 O.OOam, the employee will be free to pursue other available employment opportunities for that day. This only applies on the normal seasonal lay off period.

Dated this3 day of A~ , 2018, at Barrie, Ontario.

ON BEHALF OF:

LAFARGE READY MIX

BARR~

Signature

~f\JG vJP,11.-1-vf J - ;:t;tr;/J f()/1,JAljell.

Please Print Name & Title

6509 Airport Road Mississauga, ON L4V 1 S7 Tel: 905 738 7615 /Fax: 905 738 7092


ON BEHALF OF:

INTERNATIONAL UNION OF OPERATING ENGINE RS L C 793-

JoeR aw, P~

7~ Rick Kerr, Treasurer

Joe Dowd.#v'!!f:lint

' • <.

LETTER OF UNDERSTANDING No. #2

RE: EXCESS HOURS OF WORK AGREEMENT

The parties hereto agree as follows:

1. The parties acknowledge that: • The company operates a Ready Mix Plant located at 275 Saunders Road in the City of Barrie, ON; • The Union has bargaining rights for certain employees at the above-noted facility (the "Employees") and the

parties have entered into a Collective Agreement in effect until February 28, 2021 , (the "Collective Agreement") for the above-noted facility;

• Occasionally, the Employees work hours in addition to their regular work hours (as either specified or agreed upon as such), which may result in the Employees working hours in excess of the maximum daily and/or weekly hours of work permitted by subsection 17(1) of Ontario 's Employment Standards Act, 2000, S.O. 2000, C.41, as amended (the "ESA, 2000").

2. The parties enter into this excess hours of work agreement in accordance with subsections 17(2) and (3) of the ESA, 2000 in order for the Company to permit the employees to work hours in excess of the maximum daily and/or weekly hours of work as permitted by subsection 17(1) of the ESA, 2000 and the provisions of the Collective Agreement.

3. From time to time and as may be required by operational needs, Employees may be scheduled and/or offered the opportunity to voluntarily work hours in addition to their regular work hours. The employees may work these additional hours up to a maximum of 13 hours per workday and/or 60 hours per work week, (except where there are emergency circumstances for working beyond these limits in accordance with section 19 of the ESA, 2000).

4. Either party (the Company or the Union) may terminate this Agreement two (2) weeks after providing written notice to the other party of their intent to do so.

Dated this _,,:}_ day of A~vS!ON BEHALF OF:

LAFARGE READY BARRIE PLAN

Signature

j&Je: v.JA;z!l&rJ ' l1ttv11 fV'lfo,Jfl~G/L Please Print Name & Title

6509 Airport Road Mississauga, ON L4V 1S7 Tel: 905 738 7615 I Fax: 905 738 7092

Lafarge Ready Mix - Barrie Plant Collective Agreement - 2018-2021

, 2018, at Barrie, Ontario.

ON BEHALF OF:

Rick Kerr, Treasurer

Joe Dowdall, Je_~'f::!

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