METALLOS - sdc.gov.on.ca and Waste... · REVOLUTION ENVIRONMENTAL SOLUTIONS LP ... (hereinafter...

•'

COLLECTIVE AGREEMENT

-BETWEEN-

t errapur-e REVOLUTION ENVIRONMENTAL SOLUTIONS LP

(TERRAPURE ENVIRONMENTAL)

(hereinafter called the "Company")

-AND-

HAMIL TON TRANSPORT

mvi· METALLOS

UNITED STEEL, PAPER and FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL and SERVICE WORKERS INTERNATIONAL UNION

LOCAL #16506

(hereinafter calle~ the "Union")

Duration: February 10, 2018 through February 9, 2021

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INDEX

ARTICLE NO SECTION PAGE NO.

ARTICLE 1 - PURPOSE ....... ............. ........................................... '. ... ......................................... ..... 3 ARTICLE 2 - RECOGNITION AND SCOPE .......................... .......... .. ...... .............. : ........................ 3 ARTICLE 3 - MANAGEMENT RIGHTS ................................. ..... .......... .. .......... .. ....................... ..... 4 ARTICLE 4 - RELATIONSHIP ... .. ...... .... .. .. ..................... : .. .... ... ....... ... ............. .. ........ .. ............. ... ... 5 ARTICLE 5 - UNION SECURITY ............................ ........ ... ... ... ...... .. .. .. ............... ... ......................... 6 ARTICLE 6 - NO STRIKES OR LOCKOUTS .................... .. ..... ...... ... .. ... .......... .. .............. .. .. .. ......... 7 ARTICLE 7 - UNION REPRESENTATION ......... .... ... ..... .. .. ...... ....... ... ..... ....................................... 7 ARTICLE 8- NEGOTIATING COMMITTEE ........... ............. ..... ... ..... .... .. .... ..... .......... ............... .. .... 8 ARTICLE 9 - GRIEVANCE PROCEDURE ................................... .. ................................................ 8 ARTICLE 10 - DISCHARGE, SUSPENSION AND WARNING .... .. ................... .. ......................... 10 ARTICLE 11-ARBITRATION ..................................................... .......... ........................................ 10 ARTICLE 12 - REPORTING ALLOWANCE ................................................ .................................. 11 ARTICLE 13 - CALL-IN PAY ..................................................... ....................................... .... ......... 11 ARTICLE 14 - HOURS OF WORK AND OVERTIME .......... .. ....... ...... ............. .... ............ .. ........... 11 ARTICLE 15 - WORK SCHEDULING ................. : ........... .. ........................... .... ...... ............ .. ........ . 13 ARTICLE 16 - SENIORITY AND JOB POSTING ........................................ .. .. ..... .. ... .. .. ............. 14.1_ ARTICLE 17 - TEMPORARY TRANSFER .. .. ............ .. .. .. ... ... .. ........ ...... .. ...... .. ... ........ .. .' ............... 17 ARTICLE 18 - PREFERENTIAL SENIORITY ............. .. .. .. .. ... : ...... ... ..... .. .... .. ................................ 17 ARTICLE 19 - LEAVES OF ABSENCE ... .. .. .. .. .. .. .. .... ..... .... .. ...... .. ... ... ................ .. ........................ 17 ARTICLE 20 - JURY DUTY .... .... .... .. ." ...................... ... .... .. .. ...... ..... .... .. .. ..... .... ..... .. ..... .... ... .. ..... .. ... 18 ARTICLE 21 - BEREAVEMENT PAY .......................... .. ....... .. ........... .... .. ... .................................. 18 ARTICLE 22 - PAYMENT FOR INJl:JRED EMPLOYEES .... .......... ............ .. ................................. 19 ARTICLE 23- UNION REPRESENTATIVE ...................... ............. .... ............................. .... .. ........ 19 ARTICLE 24- PLANT HOLIDAYS ..................................... .... ... .. .................................... : ....... ...... 19 ARTICLE 25-VACATIONS AND VACATION PAY ............................... ......................... .............. 20 ARTICLE 26 - SAFETY AND HEAL TH ................................................. .... ..... .. ............................. 22 ARTICLE 27 - BULLETIN BOARDS ................................................. ... .. .......................... ............. 24 ARTICLE 28 - WAGES .... ..... .................................................... .. .......................................... ......... 24 ARTICLE 29 - GENERAL ..... .. ... ... ... .................... : ........ .. ............... ............. ............ ........... ............ 24 ARTICLE 30- BENEFITS ........... ..... .. .. ........ .. ............ .. ...... .. ... .. ..... ...... .. ..... .. .. .... .............. .. .......... 25 ARTICLE 31 - PENSIONS ..... .. ................................. ............. ...... ... ... ...................... ............. ..... .. . 25 ARTICLE 32 - LETTERS OF AGREEMENT AND SCHEDULES .... ..... .... ...... .... .............. .. ........ .. 25 ARTICLE 33 - COLLECTIVE AGREEMENTS ... ... .... ... .. ............ .... .. ..... .. .. .. ................................. . 25 ARTICLE 34 - DURATION .. ............................ ................. .. .. ..... ...... .... ... .. .. .. ... .... ... .. .................... 25.§. APPENDIX A - WAGES AND CLASSIFICATIONS ..... .... ... ........ .. .. .. .. .... .. .............. .-.......... .. ......... 27 APPENDIX B - CASUAL PART TIME EMPLOYEES .. ........ .. ................. ....................... ............. .. 31 LEITER OF UNDERSTANDING - SLOW PERIOD ............................ ... .. .................................... 32 LEITER OF AGREEMENT #2- VACATION SHUTDOWN PERIODS ........ .. ..... .. ....................... 34 LEITER OF AGREEMENT #3- CONTINUOUS IMPROVEMENT .. ... ........... ..... .. ....................... 35 LEITER OF AGREEMENT#4- BANKING HOURS ..................................................... ............... 36 LETTER OF AGREEMENT#5 -TRAIN ING .................... .. .............. .. ...... .. ................................... 37 LETTER OF AGREEMENT #6 - BID JOBS ......................... .. ......... .. ...... ............. .......... .. ............ 38

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ARTICLE 1 - PURPOSE

1.01

1.02

1.03

The general purpose of the Agreement is to secure for the Union, the Company and the employees the full benefits of orderly Collective Bargaining, an amicable method of settling any difference which may arise between the parties and to set forth the conditions of employment to be observed by the Union and the Company.

It is the purpose and intent of the Company an.d the Union in making this Collective

Agreement to develop, maintain and improve relationships between the Company, the

Union and the employees represented by the Union, by setting forth herein the twms of

agreement relating to the rates of pay, hours of work and conditions of employment.

It is the mutual interest of the Company, the Union and the employees to maintain high

standards of safety and environmental compli_ance, the maintenance and improvement of

both the quality and quantity of service to our customers sci that we may l<eep and improve

our competitive position in the waste industry, recognizing that such improvement has been

the constant basis of greater stability of employment, creating new employment and

increased individual and general living standard s.

1.04 Attaining these goals requires steady increases in productivity from all employees in

maximizing the output of services. Improved methods contribute substantially to the

productivity of individual performance. The Company, the Union and employees will

continue to work towa"rds the improvement of its productivity.

ARTICLE 2 - RECOGNITION AND SCOPE

2.01 The Company recognizes the Union as the bargaining agent for all employees of the Company at 52 Imperial Street in the City of Hamilton save and except supervisors and persons above the rank of supervisor, office, clerical and sales staff, dispatchers, laboratory staff and Emergency Response. personnel. Should all or part of this bargaining

unit move within a sixty-kilometre radius of 52 Imperial Street in the City of Hamilton, the Company agrees to recognize the Union as the bargaining agent for these employees and the terms and conditions of this agreement shall apply.

2.02 Any changes or amendments to th is Agreement during its term shall be incorporated only with mutual agreement between the Company and the Union.

2.03 The term "employee" or "employees" whenever used herein shall mean only those employees coming within the scope of the bargaining unit as described above. When either the feminine or masculine gender is used, the opposite gender may be substituted. Terms importing the singular shall be deemed to include the plural unless the context requires

2.04

. otherwise.

Supervisors and other non-bargaining unit personnel or employees of the Employer shall not perform work included in job classifications under this Agreement and normally performed by members of the bargaining unit except:

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a) in cases of bona fide emergency;

b) when there are no bargaining unit employees on layoff who are able to do the work

concerned;

c) when the non-bargaining unit person is being trained, for a period of up to three (3)

months, provided no bargaining unit employee is laid off, reclassified or reduced in

pay as the result of such training;

d) when a supervisor is training a bargaining unit employee.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union acknowledges and agrees that it is the exclusive function and right of the

Company to generally manage the industrial enterprise or enterprises in which the

Company is from time to time engaged . Without limiting the generality of the foregoing, and

subject to the express provisions of this Agreement, management's rights shall include:

a) the right to maintain order, disciplir.ie and efficiency, and in connection therewith, to

make, alter and enforce from time to time, rules and regulations, policies and practices,

to be observed by its employees; the right to discipline or discharge employees for

cause, provided that a claim for discipline or discharge without j ust cause may be the

subject matter of a grievance and dealt with as hereinafter provided.

b) the right to select, hire, discipline, discharge, transfer, assign to shifts, promote,

demote, classify, layoff, recall, suspend and select employees for positions excluded·

from the bargaining unit.

c) The right to determine the location and operation of the Company's plant and other

facilities and their expansion; the curtailment or discontinuance of such plants and

other facilities; the direction of the working forces; the services to be furnished; the

products to be manufactured; the subcontracting of work; the schedules of work; the

number of shifts; the methods, processes and means of performing work; job content

and qualifications; the use of improved methods, machinery and equipment; quality and

quantity standards; the qualifications of employees; overtime; the number of hours to

be worked; starting and quitting times; financial policies, including general accounting

procedures, price of goods sold and customer relations. The Union agrees that the

above-enumerated matters are solely and exclusively the responsibility of the Company

subject to any express limitations set out in this Agreement.

d) The sole and exclusive jurisdiction over all operations, buildings, machinery, tools

and equipment shall be vested in the Company.

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ARTICLE 4 - RELATIONSHIP

4.01

4.02

The Company and the Union agree t.hat there shall be no discrimination, of employees .

because of race, .ancestry, place of origin, citizenship, creed, sex, sexual orientation, age,

marital status, family status, handicap, ethnic origin, colour, religion and record of offences.

Employee Communications:

It is the Company's firm belief that one of the most important factors in establishing a good

relationship among everyone is to encourage open two- way communication through group

discussions and other methods. In order to develop and maintain a healthy atmosphere

there must be candid, honest, and continuing discussions. Therefore, at least every two (2)

months, the Unit Chairperson and another Union Representative will meet ·with

management during work time or as mutu':l llY agreed to discuss worl<-related items. The

meetings will commence at a mutually convenient time and the parties will advise each

other one week in advance of any items to be put on the meeting agenda for discussion.

4.03 The Company and the Union agree to observe the provisions of the Ontario Human Rights

Code.

4.04 The Company agrees it shall not interfere with, restrain, coerce, or discriminate against

employees in their lawful right to become and remain members of the union and to

participate in its activities.

4.05 The Union agrees that, except as provided for in this Agreement, there will be no Union

activity on the premises of the Company during the employees' working hours except by

agreement with the Company.

4.06 Humanity Fund

The Company agrees to deduct, on a weekly basis, the amount of $0.01 cent per hour from

the wages of employees in the Bargaining Unit for all hours worked prior to the fifteenth day

of the month following, to pay the amount so deducted to the Humanity Fund and to

forward such payment to United Steelworkers, National Office, 234 Eglinton Avenue East ,

Suite 800, Toronto, Ontario M4P 1 K7, and to advise in writing both the Humanity Fund at

the aforementioned address and the Local Union that such .payment and the names of al l

employees in the Bargaining Unit on whose be.half such payment has been made.

It is understood and agreed that participation by an .employee in the Bargaining Unit in the

program of deductions set forth above may be discontinued by an employee in the

Bargaining Unit after the receipt by the Company and the Local Union of that employee's

written statement of their desire to discontinue such deductions from their pay which may

be received within four weeks of ratification of the Agreement or at any time thereafter.

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ARTICLE 5 - UNION SECURITY

5.01

5.02

5.03

5.04

5.05

5.06

The Company shall deduct Union dues including, where applicable, initiation fees and

assessments, on a bi-weekly basis, from the total earnings of each employee covered by

the Agreement. The amount of dues shall be calculated in accordance with the Union's

Constitution.

All dues, initiation fees and assessments shall be remitted to the Union forthwith and in any

event no later than 15 days following the last day of the month in which the remittance was

deducted. The remittance will be sent to the International Secretary Treasurer of the

United Steelworl<ers, AFL-CIO-CLC, P.O. Box 9083 Lockbox #TX9083 Commerce Court

Postal Station, Toronto, ON M5L 1 K1 in such form as shall be directed by the Union to the

Company along with a completed Dues Remittance Form R-115. A copy of the Dues

Remittance Form R-115 will also be sent to the Union office designated by the Area

Coordinator.

The remittance and the R-115 form shall be accompanied by a statement containing the

following information:

a) A list of the names of all employees from whom dues were deducted and the amount of

dues deducted;

b) A list of the names of all employees from whom no deductions have been made and

reasons;

c) This information shall be sent to both Union addresses identified in Article 5.02 in such

form as shall be directed by the Union to the Company.

The Union shall indemnify and save the Company harmless against all claims or other

forms of liability that may arise out of any actions tal<en by the Company in compliance with

this Article.

The Company, when preparing T-4 slips for the employees, will enter the amount of Union

dues paid by the employee during the previous year.

In the event that the Company is found to have violated the provisions of this Article by an

Arbitrator appointed pursuant to this Collective Agreement, all costs of the Arbitrator and

disbursements shall be born exclusively by the Company. Further, if the Company is found .

by an Arbitrator not to have remitted Union dues in accordance with this Article, the

Company shall pay to the Union a specific penalty in addition to such other remedy as may

be ordered by the Arbitrator. The penalty shall be a payment in an amount equivalent to

the ·amount in dues moneys that was not paid, or paid late in violation of this Article as

found by the Arbitrator. The penalty shall be paid to the Union's International Secretary

Treasurer.

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ARTICLE 6 - NO STRIKES OR LOCKOUTS

6.01

6.02

The Company agrees that, during the life of this agreement, it shall not cause or direct any

lockouts of employees and the Union agrees that it shall not cause or di rect any strikes by

its members.

It will 11ot be considered a violation of the Agreement if an employee declines to cross a

picket line, which has been established as a resu lt of a lawful strike against a customer or

potential customer of the Company. Notwithstanding the foregoing, since some services

provided by the Company are considered essential in that a health or environmental hazard

might exist at a site, which requires the Company's immediate response, the Union and the

Company agree to discuss the situation to seek resolution.

ARTICLE 7 - UNION REPRESENTATION

7.01

7.02

The Company acknowledges th~ right of the Union· to appoint or otherwise select three (3)

Union Stewards and one (1) alternate Union Steward for the purpose of representing

employees in the handling of complaints and grievances.

The Company shall be notified by the Union of the names of the Union Stewards and any

changes made thereto.

7.03 The Company agrees to recognize and deal with a Union Grievance Committee of not

more than three (3) employees, one of whom shall be the Chief Steward.

7.04 A Steward may request relief from assigned regular duties to investigate a grievance or

complaint arising from th_is Agreement without deduction of regular wages. Such

permission shall not be unreasonably withheld. This right is granted on the following

conditions:

a) ·The time shall be devoted to the prompt handling of the grievance or c?mplaint.

b) The time away shall be reported in accordance with normal timekeeping

requirements.

c) The Company reserves the right to limit such time if it deems the time so taken to

be excessive.

d) The time shall be determined based on operational requirements and the necessity

for immediate action.

7.05 The Company agrees to activate the union chairperson's current cell phone capabili ties for

the purposes of communicating with the Staff Representative.

7.06 The company will provide the Union with a secure filing cabinet.

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ARTICLE 8 - NEGOTIATING COMMITTEE

8.01

8.02

8.03

The Company agrees to recognize and deal with a Negotiating Committee of not more than

three (3) employees. The Negotiating Committee shall consist of three (3) members

selected by the Union, along with representatives of the International Union.

The Negotiating Committee is a separate entity from other committees and shall deal only

with such matters as are properly the subject matter of negotiations, including proposals for

the renewal or modifications of this Agreement.

The Company agrees to allow members of the Negotiating Committee the day off worl<

without loss of regular earnings on each day the Committee is scheduled to meet with the

Company or their representatives.

ARTICLE 9 - GRIEVANCE PROCEDURE

9.01

9.02

It is the mutual desire of the Parties hereto that any complaint or cause for dissatisfaction

arising between an employee and the Company with respect · to the application,

interpretation or al leged violation of. this Agreement shall be. adjusted as quickly as

possible.

It is generally understood that an employee has no complaint or grievance until he/she,

either directly or through the Union, has first given his/her immediate supervisor an

opportunity to address the complaint.

9.03 If, after registering the complaint with the supervisor and such complaint is not settled

within three (3) regular working days or within any longer period which may have been

agreed to by the Parties, then the following steps of the Grievance Procedure may be

invoked:

STEP ONE:

The grievance shall be submitted in writing to the Immediate Supervisor or designate either

directly or through the Union. The Immediate Supervisor or designate shall meet with the

employee's Union Steward within three (3) worl<ing days of the receipt of the grievance in

an attempt to resolve the grievance. The grievor may be present at this meeting if agreed

to by the Parties. The Immediate Supervisor or designate shall within a further tl1ree (3)

working days, give his/her answer on the grievance form (with attachments as applicable)

and return it to the Union.

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9.04

9.05

9.06

9.07

9.08

STEP TWO: . .

If the decision of the Immediate Supervisor or designate is not satisfactory, the grievance

may be submitted to the Manager or designate who shall, within three (3) working days

hold a meeting between the Chief Steward and steward involved and the appropriate

representatives of Management, in a further attempt to resolve the grievance. The

Operations Manager shall within a further three (3) working days, give his/her decision in

writing, on the grievance form (with attachments as necessary) and return it to the Union.

STEP THREE:

If the grievance remains unsettled at the conclusion of Step Two, the grievance may be

submitted to Human Resources who shall within three (3) working days, hold a meeting

between the Union Grievance Committee and the appropriate representatives of

Management, in a final attempt to resolve the grievance. A Staff -Representative of the

Union and the Grievor may be present at this meeting if requested by either Party.

Human Resources shall within a further two (2) working days, give his/her decision, in

writing, to the Union.

The ·company shall not be required to consider any grievance that is not presented within

ten (10) working days after the grievor or the Union first became aware of the alleged

violation of the Agreement. Thereafter the time limits in the Grievance Procedure shall be

considered directionary and not mandatory.

Company grievances will commence at Step Three of the Grievance process and will be

directed to the Staff Representative of the Union, following a similar process and will also

be processable through the Arbitration procedure. Union policy grievances will commence

at Step Three and will be directed to Human Resources.

If final settlement of ttie grievance is not reached at Step Three, then the Grievance may be

referred in writing by either Party to Arbitration as provided in Article 11, Arbitration, at any

time within thirty (30) calendar days after the decision is received under Step Three.

At any stage of the Grievance Procedure including arbitration, the conferring parties may

have the assistance of the employee(s) concerned and any necessary witnesses and

relevant records. All reasonable a_rrangements will be made to permit the conferring

Parties, or the Arbitrator, to have access to the plant to view disputed operations and to

confer with the necessary witnesses.

The time limits referred to above may be extended by mutual consent in writing.

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ARTICLE 10 - DISCHARGE, SUSPENSION AND WARNING

10.01 When an employee is to be given a disciplinary warning by the Employer, such a warning

shall be a written one, and a copy of this warning will be forwarded as soon as practical to

the Chief Steward. Union representation must be present during any disciplinary action.

10.02 An employee may be suspended or discharged for cause by t_he Employer. Such an

Employee shall have the right to use the Grievance Procedure outlined in this Agreement.

It is understood that in matters related to the discharge or discipline of probationary

employees they will be subjected to a lesser standard than that which is used for a non

probationary employee.

10.03 Al l penalties and warnings must be removed from an Employee's records after twelve (12)

months provided the Employee has had no disciplinary actions for the previous six (6)

months. No record wi ll remain in the Employee's file for a period greater than eighteen (18)

months.

10.04 a) Prior to suspending or discharging an Employee the Employer may first meet with

the Union to discuss the incident before making a decision.

b) At that time the Union will present the facts or other information that it wishes the

Employer to consider.

c) Attendance at this meeting will be limited to the Chief Steward and/or the Steward

involved, the Employer and, by agreement, such witnesses who may have personal

knowledge of the case.

10.05 Grievances relating to the discharge of an employee must be submitted within ten (10)

days from the date of discharge will be processed through the Grievance Procedure

commencing at Step Three.

ARTICLE 11 - ARBITRATION

11.01 The Arbitration procedure incorporated in this Agreement shall be based on the use of a

single Arbitrator.

11.02 This provision applies if_ a difference arises between the parties relating to the

interpretation, application or administration of th is Agreement, including a question as to

whether a matter is arbitrable.

11.03 After exhausting any grievance procedure established by th is Agreement , either party may

give written notice to the other that it wishes to submit the difference or allegation to

arbitration.

11 .04 The parties shall then appoint a person to act as arbitrator. If they are unable to agree upon

the appointment of an arbitrator within ten working days after the notice is given, the

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arbitrator shall be appointed by the Ministry of Labour for Ontario at the request of either

party.

11.05 The Arbitrator shall not be authorized,. nor shall the Arbitrator assume authority, to alter,

modify, or amend any part of this Agreement, nor to make any decision inconsistent with

the provisions thereof, or to deal with any matter not covered by this Agreement.

11.06 The fees and charges of the Arbitrator shall be borne equally by the two (2) parties hereto.

ARTICLE 12 - REPORTING ALLOWANCE

12.01 In the event that an employee reports for worl< on his/her regular shift, without hav ing been

previously notified not to report, he/she will be given at least four (4) hours work at his/her

regular rate of pay or if no worl< ·is available as determined by the on-site Management

Representative, he/she wi ll be paid the equivalent of four (4) hours at his/her regular rate of

pay in lieu of work.

The Company reserves the right to assign the duties. If the employee rejects the

assignment, he/she forfeits the right to reporting allowance.

ARTICLE 13-CALL IN PAY

13.01 Any employee who has completed his/her shift and has left the Company's premises and is

then recalled to work extra time shall be paid the appropriate rate, and will not receive less

than the equfvalent of four (4) hours pay at the employee's regular rate of pay for such

additional work. There will be no pyramiding of call-ins for the same hours.

ARTICLE 14 - HOURS OF WORK AND OVERTIME

14.01 a) The workweek will be a seven day period commencing Monday at 12:01 a.m.

b) There will be two (2) regular workweeks:

Regular Workweek #1: Monday to Friday inclusive

Regular Workweek #2: Tuesday to Saturday inclusive

Under Workweek #2, Saturday is NOT an Overtime day, but Monday is.

Postings will occur for Workweek #2 and no current employee in this Division (as at

March 1, 2004) who has more than one (1) year seniority, will be assigned to this

workweek by the Company, in the event insufficient people post for the positions or

the posted pos'itions are otherwise filled.

14.02 Nothing in this article shall be construed as a guarantee of hours per day or per week.

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14.03 Non-Drivers (below DZ requirement)

a) All work pe1iormed in excess forty (40) hours per week, wi ll be paid at time and

one-half (1 -1/2).

b) Employees working overtime will receive a ten (10) minute rest period after each of

the tenth and twelfth hours worked daily .

c) All training Monday through Friday and probationary training within the workweek

will be paid at straight time.

14.04 Employees will be allowed a fifteen (15) minute rest period approximately halfway through

each half shift and a five (5) minute wash up period prior to the one half (1/2) hour paid

lunch period. Where possible, rest periods and lunches should be taken during inactive

periods of the work day (i. e. customer breaks, offload waits, analytical waits).

14.05 Commercial Motor Vehicle Operators & Field Technicians (al<a Driv·ers)

a) The maximum number of hours that such employees may be required to drive and

or be on the clock will be set in accordance with the provisions of applicable

leg islation.

b) Drivers wil l receive straight time pa'yment for all hours worked up to 50 hours and 1-

1/2 times their hourly rate for all hours worked in excess of 50 hours.

14.0€> All work performeCl on Saturdays and Sundays (and Mondays, in lieu of Saturdays, for

Regu lar Workweek #2 employees) shall be paid at the rate of time and one half (1-1/2) the

employee's regular rate of pay, except a_s follows:

14.07 a)

A ll training Monday through Friday and probationary training within the workweek will

be paid at straight time.

A premium of sixty (60) cents per hour will be paid to employees. whose regularly

scheduled shift starts between 1 :00 p.m. and 6:00 p.m.

b) A premium of eighty (80) cents per hour worked will be paid to employees whose

regu larly scheduled shift starts between 6:00 p.m. and 4:30 a.m.

\

c) In the event an employee's regularly scheduled shift crosses two (2) shifts, he/she

will be paid in accordance with the shift on which he/she commences his/her shift.

14.08 An employee wi ll not normally be scheduled for the next day's· work unless he/she has

been provided with a rest period of eight (8) to ten (10) hours, and/or as defined by

applicable legislation I regulations.

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14.09 Overtime work shall be subject to available hours.

An overtime sign-up procedure will be utilized. Overtime worked to be given to employees

with the lesser number of hours worked during slow periods for those employees who sign

up. Junior employees will be assigned if an insufficient number of volunteers' signup.

14.10 There shall be no pyramiding of overtime rates.

14.11 Employees will be paid by direct deposit bi-we~kl y. Pay stubs will be available on

Thursdays.

ARTICLE 15 - WORK SCHEDULING

15.01 a) The objective of scheduling will be to schedule employees towards a regular work

week prior to overtime being scheduled. Therefore employees wil l be scheduled by

seniority and qualifications and available hours during the norm.al work weel<,

provided their last shift did not provide them with the 50 or 40 hours, as applicable

by classifications. Scheduling by seniority, qualifications and available hours wi ll

continue until all regular employees have had an opportunity to be scheduled for 50

or 40 hours as applicable.

b) Work scheduling for employees shall be done daily, according to seniority,

qualifications and avai lable hours (and per the regular worl<weel< for Mondays and

Saturdays). Unscheduled jobs on Mondays and Saturdays will be first offered to

employees in whose regular workweek the applicable day falls.

c) Some employees may not have an assignment as a result of a lack of work. Those

employees will be called if work becomes available based on seniority and

qualifications. Employees who are called before 9:00 a.m. and do not accept

available work will be charged ghost hours for the number of refused hours. Each

employee will provide a number at which they can most easi ly be contacted.

15.02 Where a customer requests a job as continuity, and the employer recognizes it as

continuity (i.e. a job which lasts more than one [1] day), it wi ll be offered by seniority and

those employees assigned will remain assigned through to its completion unless business

needs dictate otherwise.

If a load is brought back to the Imperial St. yard and will be dispatched and off loaded the

following day, this will constitute a job continuation and the same driver will be scheduled

the work.

The Company reserves the right to assign the employee to other work in cases where the

driver is needed based on operational requirements.

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Wl1en a routine job assignment becomes a continuity job because of special training or

instructions, those initially assigned may remain assigned if no other senior employees are

qualified.

When the employee has a job that would require shifts, the Company will schedule per

classification and seniority.

15.03 New operations vacancies designated as posted jobs will be posted and assigned

according to the job posting procedure. Existing operations designated as posted jobs will

continue with current incumbents.

15.04 A weel<end call list will be posted weel<ly (and taken down Wednesday by 4 p.m.) and will

be used for weekend scheduling. Scheduling will be based on seniority, qualifications and

available hours, as applicable, for those who have signed up to worl<. Overtime worked to

be given to employees with the lesser number of hours worl<ed during slow peri ods for

those employees who sign up. A message will be left whenever possible for those

employees who cannot be reached, and the Company will immediately continue to call the

next available employee who has signed up to work. If insufficient numbers sign up, the

company will assign the junior qualified employee(s).

15.05 An employee who refuses an assignment will be charged ghost hours for the number of

refused hours.

1. Drivers will be scheduled towards. 50 hours.

2. Non-Drivers (less than DZ) will be scheduled towards 40 hours.

3. Should an employee request that he/she be assigned to a classification that has a

rate that is less than his/her regular rate of pay, he/she shall be paid the lesser rate.

15.06 Employees will be assigned to the next day's work by 5:00 p.m. of the day prior to the ·

assignment. Employees wiWcall in for assignment, if not scheduled by the time they finish

their immediately preceding shift.

15.07 The parties will review and post divisional seniority lists, used exclusively for scheduling

and vacation planning purposes, in February and August of each year.

ARTICLE 16 - SENIORITY AND JOB POSTING

16.01 An employee shall be considered a probationary employee until he/she has worked

seventy-five (75) days. Upon completion of such probationary period he/she shall have

serv ice dating from his/her last hiring date, and, in the case of an employee who was

previously laid off and rehired there shall be added to such service time worked within the

previous six (6) months prior to the completion of the probationary period.

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16.02 a) The Parties recognize that job opportunity and security shall increase in proportion to

length of serv ice. The Company will select employees f.or vacancies on the basis of

demonstrated, skill and ability subject to a famili c:irization period of up to a ten (10)

working day period, and _when all else is sufficiently equal, seniority shall govern. If

no suitable candidates are available, the Company may hire new employees. In the

event the sen ior employee is not selected for the job posting, prior to award of the

posting, the Manager and the Steward will review the circumstances prior to the

awarding of the posting. The Manager will review the input of the Steward prior to a

decision being finalized_ Layoffs will take place in reverse seniority order.

In the event of a layoff, an employee affected by a reduction in the number of

employees required in a classification will be allowed to exercise his/her seniority to

bump into the highest rated position for which he/she is qualified. Recall from lay-off

shall be based on seniority.

b) In recognition, however, of the responsibility of the Management for the efficient

Operation of the plant, it is understood and agreed that in all cases referred to in

Section 16.02 a), Management shall have the right to pass over any employee if it is

established that the employer does not have the abil ity to perform the work.

16.03 Seniority shall be maintained and accumulated until it is lost under 16.04 below.

16.04 An employee shall lose his/her seniority standing and his/her employment shall be

terminated for any one of the following reasons:

1. if the employee quits;

2. if the employee is discharged for just cause and is not reinstated in accordance with

the provisions of this Agreement;

3. if the employee is laid off and fails to return to work within .five (5) work days after

he/she has been notified to do so by the Employer by registered mail to his/her last

known address (a copy of such notice shall be sent to the Union);

4. if the employee who has less than one year's service has 'been ori layoff for a

period of more than nine (9) consecutive months;

if an employee who has one or more year's service but less than five year's

service has been on layoff for a period of more than eighteen (1 8) months;

if an employee who has over five year's of service has been on layoff for a

period of more than twenty-four (24) months;

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5. if the employee fails to report for worl< following an authorized leave of absence

without attaining an extension;

6. if the employee is absent from work for two (2) or more consecutive worl<ing days

without having notified the Company and received permission to be absent in

advance where that·is possible;

7. is transferred out of the bargaining unit and does not return to the bargaining unit

within three (3) months from the date of transfer;

8. utilizes a leave of absence for purposes other than those for which the leave of

absence was granted.

16.05 Seniority shall be on a bargaining unit basis and shall mean total length of continuous

service as defined in Article 16.01, except as specified elsewhere in this Agreement.

16.06 Committee members and Union Stewards will be issued up-to-date seniority lists on or

about June 30th and December 31st of each year. A copy of such seniority lists shall be

mailed to the area office of the Union and a copy posted on the -shop bulletin boards for

employees' inspection. The Company agrees to provide the Union every December 31st,

with a Seniority List which includes the employee's addresses, telephone number and rate of pay.

16.07 Whenever it becomes necessary to reduce the work force, the employees affected shall be

given as much notice in advance of the date of layoff as practical. This shall include

changes in the regular workweeks.

16.08 Vacancies in regularly assigned jobs and newly created jobs shal l be posted for five (5)

worl<ing days on bulletin boards. Copies of such postings shall be forwarded to the Union

-Stewards. Selection of the candidates for the posting will be made within five (5) working days.

16.09 Vacancies will be posted in the geographical location in which they occur first. In the event

there are no candidates for a vacancy in the immediate location (i.e. Hamilton) the vacancy

shall be posted in other locations.

16.1 O When an employee accepts a job posting, he/she will have a maximum of forty (40)

working days probationary period before the job becomes permanent. Either the employee

may return or the employer may return such employee to his/her former position.

16.11 In the event the Company acquires another company/companies the employees of the

acquired company/companies, who may be hired by Terrapure, and fall within this

bargaining unit, will retain their years of service accumulated with their previous employer

from the last hire/re-hire date for vacation entitlement purposes only. Such employees will

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carry entry level seniority into this bargaining unit and shall be placed in seniority order

based on:

a) entry level date,

b) earliest service date with predecessor company, or

c) in case of same circumstances, by drawn lot.

ARTICLE 17 - TEMPORARY TRANSFER

17.01 An employee who is temporarily transferred at the Company's request to another job for

which the regular rate is less than that which the employee is receiving, shall retain his

former rate, and if such transfer is to a job with a higher rate, the employee shall receive

the higher rate paid for such job

ARTICLE 18 - PREFERENTIAL SENIORITY

18.01 The Unit Chairperson, Union Stewards, and Chief Steward shal l have top Bargaining unit

Seniority in case of layoff and shall be retained by the Company on work they are willing

and able to perform. The Union shall provide the Company with the names of the persons

affected and the order in which they are to be recognized.

ARTICLE 19- LEAVES OF ABSENCE

19.01 An employee shall be allowed a leave of absence without pay for personal reasons, if:

1. They request it in writing from the management, with thirty (30) calendar days prior

notice and;

2. The leave is for a good reason and does not interfere unduly with operations,

except in emergency situations when leave shall be granted in any event.

19.02 A maximum of three (3) employees who have been elected or appointed by the Union to

attend Union conventions or conferences or other Union business shall be granted a leave

of absence for this purpose. The Union will notify the Company in writing, not less than ten

(10) working days prior to the start of the leave, of the names of the delegates.

19.03 Legitimate Union business of two shifts or less shall be considered a valid reason for leave

of absence. The Union agrees to give the Company as much prior notice as possible of

such leave but in no case less than seventy- two (72) hours. The leave will be limited to a

total of three (3) employees at any one time.

19.04 The Company shall continue to provide life, AD&D, health and dental care coverage, at no

cost to the employee, for all leaves less than thirty (30) days in duration.

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19.05 The Company agrees to continue the pay of any employee absent from work on authorized

union business which is not paid for by the Company as provided for elsewhere in this

Agreement, and the Union shall reimburse the Company for such wage payment upon

receipt of a monthly statement. Before any payment is made by the Company under this

provision, authorization by the International Staff Representative, in writing, shall be required.

ARTICLE 20 - JURY DUTY

20.01 The Company wil l make up to an employee who is called for jury or subpoenaed as a

material witness, in a matter as to which he/she has no personal interest, the difference, if

any, between his/her jury pay and his/her regular work week or appropriate portion thereof.

In applying the foregoing, it is understood that if an employee is called for jury service or is

subpoenaed as a material witness, responds to the call , and loses time, but is not accepted

for jury service or is not required as a material witness, the employee wi ll be remunerated

by the Company for such time lost, provided he/she promptly reports the·se facts to his/her

department head.

ARTICLE 21 - BEREAVEMENT PAY

21.01 When death occurs in his/her immediate family, an employee wi ll on his/her request, be

granted up to three (3) days off without loss of pay and up to two (2) days additional time

off without pay. The Company wil l provide five (5) days with pay when the death of a

spouse, child or parent occurs.

For purposes of this agreement, "Immediate Family" is defined as a child, parent, current

spouse, brother or sister, aunt or unde, grandparent; or parent, brother, sister, or

grandparentof current spouse, or grandchild.

The number of days granted shall only be to the extent necessary to arrange for and/or

attend the funeral.

Except where the distance between the place of employment and the place of burial is so

great that travel on the day following the date of burial is necessary, the date of burial will be

the last day an employee will be excused without loss of pay.

Payment for an hourly rated employee shall be made at his/her regular straight time hourly

rate for eight (8) or ten (10) hours pay, based on their regular work day hours.

Documentation (i.e. copy of obituary, death certificate etc.) will be required to be presented

to the company.

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ARTICLE 22 - PAYMENT FOR INJURED EMPLOYEES

22.01 In the event that an employee is injured in the performance of their duties, they shall , to the

extent that they are required to stop work and receive treatment, be paid for wages for th~

balance remaining of their shift. The Company shall provide and arrange for suitable

transportation for the employee to the doctor or hospital and back · to the Company

premises and/or to their home as necessary at no cost to the employee.

22.02 If it is necessary for an employee to receive medical treatment subsequent to their return to

work following an industrial injury or disease, they shall be paid · for any time lost from

regular shift hours to attend such appointment. This shall apply to partial shifts on ly.

Employees missing ful l shifts as a result of receiving medical treatment in such cases are

entitled to submit a further claim to the Work Place Safety and Insurance Board for sucl1

lost wages.

22.03 Where suitable work is available, the Company shall provide employment for employees

who are physically handicapped as a result of an accident on the job or occupational

disease resulting from employment with the Company.

ARTICLE 23 - UNION REPRESENTATIVE

23.01 If an authorized representative, who is not employed by the Company, wants to speak to

local Union Representatives about a grievance or other official business, he shall advise

Human Resources who shall then call the local Union Representative to an appropriate

place where they may confer privately. These talks will be .so arranged so that they will not

needlessly interfere with production.

ARTICLE 24 - PLANT HOLIDAYS

24.01 The following holidays will be paid under this Agreement: New Year's Day Civic Day Family Day Labour Day Good Friday Thanksgiving Day Victoria Day Christmas Day Canada Day Boxing Day

a) In addition there shall be three (3) additional days to be used a floater or as a sick

day and such days are to be determined by mutual agreement be.tween Employee

and Company.

b) Should one of the above plant holidays fall on a regularly unscheduled working day,

another day shall be observed as the holiday by mutual. agreement between the

Parties.

24.02 Eligible employees shall receive eight (8) or ten (10) hours pay ," based on their reg ular work

day hours, for each holiday or floater day multiplied by the employee's regular rate of pay.

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24.03 To be eligible for holiday pay an employee must work on his/her last scheduled working

day immediately preceding the plant holiday, and his/her first scheduled worl< day

immediately following .the holiday, unless the employe~ was off work because of authorized

leave of absence or on layoff, provided the employee worked within .five (5) days of the Holiday.

24.04 Any authorized work performed by an employee on any of the above named holidays shall

be paid at the rate of time and one half (1 %) in addition to holiday pay.

ARTICLE 25 -VACATIONS AND VACATION PAY

25.01 The vacation policy will be administered on a calendar year basis and provides that

employees take their vacation during the year it is earned, with a provision for a maximum

of five (5) days carry over into the next calendar year. Such vacation must be taken by

March 31st of that year. Written notification of intent to carry over vacation must be received

by December 31st of the calendar year.

'

For the purpose of vacation computation, an employee- who begins employment from the

1st to the 15th of any month will be considered to have started employment on the 1st of the ·

month.

Computation of continuous vacation service begins on the date the employee was hired by

the Company or any predecessor company unless a break in service applies, at which time

the most recent re-hire date after the last break in service will be the continuous vacation

service commencement date. For purposes of vacation entitlement, any employee

transferred from one operation to another or hired while on temporary layoff (i.e. not

terminated under the legislation) from another operation will carry years of service into the new operation.

Vacation entitlement (except for casual part-time employees) begins accruing as of the first

day worked; eligible employees may use vacation hours after completion of six (6) months employment.

Vacation credit is not earned during any period of absence extending beyond one month.

Employees who transfer locations do not receive benefits under both plans. Vacation

earned under the prior location will be taken against the vacation accrual under the new

plan site'in the vacation year in which the change occurs.

25.02 For vacation scheduling purposes, ~ week is defined as a consecutive seven-day period.

Length of vacations and rate of vacations shall be determined as follows:

Years of Service Vacation Accrual

Less than 1 Year Up to 10 days (.833 days/month) 4%

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25.03

1 through 4 years

5 through 9 years

10 through 17 years

18 years or more

10 days

15 days

20 days

25 days

4%

6%

8%

10%

Vacation pay is calculated on each pay and will be paid out (as a net amount) each pay.

a) Employees will be required to submit their vacation requests prior to March 15th for

the period April I through December 31 of the calendar year.

b) Vacation requests for January, February and March of the calendar year will be

allotted on a first request basis (in writing) in accordance with approved allotment.

Seniority shall govern in cases of multiple requests for the same time period,

requested on the same day.

25.04 A maximum of three (3) Employees in each department can be off in any given vacation

week, except for those shutdown weeks which may be blanked out or restricted .

1. The allotment of vacation time shall be according to the Employee's wishes, and

seniority will be the governing factor.

25.05 Vacation schedules will be posted prior to April 1st, and no changes in the schedule will be

made:

1. Unless withdrawn by the employee;

2. Unless changed to outside the preferred vacation season;

3. Unless the employee voluntarily changes departments;

4. Mutually agreed to.

25.06 Employees with one or more year's service are required to take a vacation allotment of at

least two (2) weeks per year.

25.07 In the event a statutory holiday falls within an Employee's vacation, such statutory

holiday(s) will be added to the end of that vacation period and is paid under the relevant

section under Article 24 - Plant Holidays and paid appropriately.

25.08 An Employee shall be entitled to take a maximum of three (3) weeks vacation in the

preferred vacation season. The preferred vacation season shall be the first of June until the

first of September. Any additional week will be considered discretionary and will be ·based

upon projected work load and seniority.

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There shall be no splitting of vacation days during the preferred vacation season for

vacation requests submitted as per article 25.03.

ARTICLE 26 - SAFETY AND HEAL TH

26,01 Working safely is the responsibility of all employees. The company shall continue to mal<e

reasonable provisions for the health and safety of all employees, including training, during

their employment. The Union will co-operate with the Company in maintaining and

promoting safe work practices.

26.02 Clothing and PPE - appropriate, approved personal protective equipment, suitable for the

work performed and the nature of the hazard must be worn in order to eliminate or reduce

the effect of the hazard. It is the responsibility of all employees to ensure that the proper

personal safety equipment is worn.

a) The Company will provide proper and approved hardhats, safety eyewear, steel-toed

rubber boots and hearing protection for all employees.

b) Reasonably priced prescription safety glasses will be provided every twenty-four (24)

months or as required to full-time employees regula.rly required to wear prescription

glasses in the performance of their duties. Appropriate permanently fitted safety side

shields will be mandatory.

c) The Company wil l provide a winter parka, vest, gloves, coveralls and insulated

coveralls as required.

d) Work Boots

Employees wil l be provided up to two (2) pairs of CSA-approved, green-patched safety

boots on an "as needed" basis per year at no cost to them. Safety footwear includes

winter boots or leather boots. Employees must request authorization from their

supervisor before they can acquire the safety shoes or boots. The Company will

determine the appropri ate footwear selection and suppliers to be used.

26.03 Committees

The Company and the Union shall maintain an Occupational Safety and Health Committee

consisting of two (2) members selected or appointed by the Union and two (2) members

appointed by the Company.

26.04 The general duties of the Occupational Safety and Health Committee shall be to enforce

the provisions of the lndµstrial Health and Safety Acts of Ontario, and:

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a) To make a monthly inspection of the plant or place of employment for the purpose

of determining hazardous conditions, to check unsafe practices and to receive

complaints and recommendations with respect to these matters.

b) To investigate promptly all serious accidents and any unsafe cond itions or practices

which ·may be reported to it. Such investigations shall include accidents, which

might have caused injury to a worker whether or not such injury occurred.

c) To hold regular meetings at least quarterly for the discussion of current accidents,

their causes, suggested means of preventing their recurrence and reports of

investigations and inspections and retain minutes of these meetings.

26.05 Legislation

The Employer will not discipline an employee who is properly exercising his/her rights

under the Occupational Health and Safety Act.

The Company agrees to observe the provisions of the Occupational Health and Safety Act

of Ontario, in effect as at August 31, 1998, as the minimum standard s for Health and

Safety.

26.06 The Company will continue its current practice of paying for commercial Drivers' license

medicals, and drug tests as per M.O.T./D.O.T. requirements.

26.07 a) The parties agree that an air monitoring program should be put in place

the Company.

by

b) To ensure that health and safety of employees is maintained complete medical

assessments will be implemented. These medicals will test for pulmonary function,

hearing loss, vision and all appropriate· testing relative to the materiais being handled by individual employees. The Company will pay 100% of the cost of these medicals.

The medical surveillance program shall commence upon notification of ratification.

Employees will , be notified in advance. Participation in the medical surveil lance

program is voluntary per legislation.

26.08 The Company gives notice of a change in practice, real or perceived, regarding the asking

for medical notes after 3 days. The Company, at anytime, reserves the right to request

medical evidence (e.g. physician's note) satisfactory to the Company to substantiate an

Employee's absence due to illness or injury.

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ARTICLE 27 -BULLETIN BOARDS

27.01 The Company agrees to provide a Bul letin Board for the purpose of posting union and

official information. Notices will be signed and posted only by officers of the Union and will

be in keeping with the spirit and intent of this Agreement.

ARTICLE 28 - WAGES

28.01 Wages and effective dates will be as set out in Appendix A of this Agreement.

The probationary rate of pay shall be $1.00 less than the classification rate for which the

probationary employee was hired.

ARTICLE 29 - GENERAL

29.01 Tuition

Seminars and courses which provide training related to an employee's job or provides

training which assists the employee In gaining advancement within the Company will be

paid for under the terms and conditions of the Tuition Refund Program, a copy of which will

be provided to the Union.

29.02 Uniforms

The company will provide uniforms, work parkas and coveralls to all employees on an as

needed basis. Reasonable requests will not be unreasonably withheld. If and when an

employee requires new uniforms the used uniforms must be returned to the

supervisor/manager. If an employee leaves the employ of the Company, all clothing must be

returned to the company. The current policy of replacing uniforms every two years wil l

continue and the employer will continue to pay for the cost of cleaning the uniforms.

Failure to return all remaining clothing in the employee's possession upon leaving the

employ of the Company will result in deduction from the last pay cheque the cost of

replacement clothing.

29.03 Out of Town Allowance

A meal allowance of CON $50.00 or U.S. equivalent per night will be provided, in advance,

if it is known that the employee is required to travel on an overnight dispatch/layover.

Employees must return the amounts if it is found that the lay-over was not required. Should

an unexpected layover occur, meal allowance will be immediately reimbursed to t~e

employee. Out of pocket miscellaneous business related items (e.g. accommodation, tolls,

etc.) will be reimbursed as soon as practicable upon the submission of a complete expense

report with receipts.

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Should an employee be delayed out of town overnight for resetting of driver hours, the

Employee wi ll be provided with the equivalent of eight (8) hours regular wages per

occurrence.

ARTICLE 30 - BENEFITS

30.01 The Company agrees to continue the existing group insurance plan and self funded weekly

indemnity plan during the term of this Agreement. The Company reserves the right to select

the insurance carrier for any benefit under this Article.

30.02 The Union acknowledges ·that the Employment Insurance reductions allowed to the

Company by virtue of the existence of a Short-term Disability Plan shall be retained by the

Company for the provision of the benefits provided for the STD Plan.

30.03 Vision Benefit carries a maximum of $290.00 every twenty-four (24) months for prescription

eye glasses. Reimbursement of $90.00 for optometrist's vision exam every two (2) years.

ARTICLE 31 - PENSIONS

31.01 The Company agrees to continue the existing Pension Plan during the term of this

Agreement. The Company reserves the right to change plan administrators (eg. London

Life) with two (2) months' notice to the Union.

Employees wi ll be enrolled in the Company Reg istered Pension Plan following completion of

twelve (12) months of service.

Employees will .be required to coptribute a minimum of one percent (1 %) of their regular

earnings. Regular earnings exclude overtime, taxable benefits and bonuses, if applicable.

Terrapure Environmental will match Employee contributions to a maximum of four percent

(4%) of regular earnings.

ARTICLE 32 - LETTERS OF AGREEMENT AND SCHEDULES

32.01 All letters of agreement and schedules attached to thi s agreement shall be signed by both

parties and ·shall form part of this collective agreement.

ARTICLE 33 - COLLECTIVE AGREEMENTS

. 33.01 The Company agrees to provide a copy of the Collective Agreement to each seniority

employee and twelve (12) copies to the International Representative.

ARTICLE 34 - DURATION

34.01 This Agreement shall become effective on the 101h day of February, 2018 and shall

continue in full force and effect up to and including February 9, 2021 . ·

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34.02 Either party desiring to renew or amend this Agreement may give notice in writing of its

intention during the last ninety (90) days of its operation.

34.03 If notice of the intention to renew or amend is given by either party pursuant to the

provisions of the preceding paragraph, such negotiations shall commence not later than

fifteen (15) days after such notice or as soon thereafter as is mutually agreed.

34.04 If pursuant to such negotiation, the parties have not concluded an agreement on the

renewal or amendment of tile Agreement prior to the current expiration date, the

Agreement shall continue in effect in accordance with the terms of the Ontario Labour

Relations Act.

Duly executed by the Parties hereto this _____ day of ___ , 2018.

Signed on Behalf of the Union Signed on Behalf of the Company

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APPENDIX A WAGES AND CLASSIFICATIONS

Level Classification 02/10/2018 02/10/2019 02/10/2020 .

1 Driver Operator 1 $30.05 $30.50 $30.96

2 Senior Field Technician $29.95 $30.40 $30.86

· 3 Driver Operator 2 $28.92 $29.35 $29.79

4 Intermediate Field Technician $27.73 $28.15 . $28.57

4 Driver Operator 3 $27.73 $28.15 $28.57

5 Driver Operator 4 $26.80 $27.20 $27.61

6 DZ Driver/Operator $25.30 $25.68 $26.06

6 Field Technician $25.30 $25.68 $26.06

6 Labourer $25.30 $25.68 $26.06

7 Labourer (Trainee) $22.05 $22.38 $22.72

Incentive Program

Under the new collective agreement, Year One KPI targets I objectives wi ll be prorated with a final Year 1 calculation completed following December 31, 2018.

Beginning January 1, 2019, KP Is will based on the calendar year of January 1 to December 31 with KPI payouts made by February 1st.

Operational Targets - Year 1

Year1 Rating KPI Targets

1 20% 1 or Jess recordable iniury, 2 or less recordable incidents

2 20% 7 or less non-recordable incidents

3 20% 4 or less CVOR conviction points per year

4 20% 88% or ~reater billable hours vs paid hours rate 5 20% 1 valid Job Task Assessment or Haz Assessment per person, per month

submitted and reviewed with supervisor/manager

Notes: o Each criteria will be weighted individually o Terrapure reserves the right to adjust Year 2 and 3 targets up to 20% in either direction based on previous

year results 0 Lump sum payout per employee will be based on percent achieved (dollar amounts to be confirmed)

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Appendix "A" - Job Classifications

Job Classification Qualifications

Level

1 Driver Operator 1 Minimum:

a) AZ Driver's License

b) Must be able to operate al l equipment, induding:

0 Power Vacuum - Train 0 Vacuum - Train /Tank 0 Lugger - Train

0 Roll-off - Train

0 Tanker 0 Dump Trailer 0 Van Trailer

2 Senior Field Minimum:

Technician a) DZ Driver's License

b) Two (2) year Chemical Technician Diploma

c) Five (5) years directly related industry experience

(Note: new position may be subject to change)



b) Must be able to operate Power Vacuum - Train plus four of the

following pieces of equipment: 0 Vacuum - Train I Tank

• Lugger - Train

• Roll-off - !rain 0 Van Trailer 0 Dump Trailer ·

0 Tanker 0 Pneumatic (applicable to employees trained prior to December

31, 2013)

4 Intermediate Field Minimum:

Technician a) DZ Driver's License (or demonstrated w illingness to get)


c) Two (2) years directly related industry experience

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Job Classification Qualifications

Level



b) Must be able to operate four of the following pieces of equipment:

0 Power Vacuum - Train

0 Vacuum - Train I Tani< 0 Lugger - Train

0 Roll-off - Train

0 Tanker 0 Van Trailer

0 Dump Trailer 0 Pneumatic (applicable to employees trained prior to December

31 , 2013) . o · One ( 1) year experience as a Terrapu re Driver/Operator



b) Required to learn equipment as shown for Class 4 -

Driver/Operator 3

6 DZ Minimum:

Driver/Operator a) DZ Driver's License

b) Ability to learn operation of equipment, including:

$ Power Vacuum

0 Vacuum

c) Ability to upgrade to AZ license

6 Field Technician Minimum:

a) Demonstrated willingness to upgrade to DZ Driver's License


6 Labourer Minimum:

a) G Driver's License

b) Ability to perform confined space entry

c) Ability to perform heavy labour

d) One (1) year Terrapure experience

7 Labourer Minimum:

(Trainee) a) G Driver's License

b) Ability to perform confined space entry

c) Ability to perform heavy labour

Probation Rate: $1.00 less than above rate when being trained.

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1. The Company reserves the right to determine the number of employees required per

classifi cation.

2. The Company may recognize external, directly related work experience in .assignment to

Classifications, subject to the requirements of the posting procedure.

3. Employees acquiring the appropriate driver's license will , upon proof of insurability, be placed on a

waiting list for temporary assignment to a higher classification when a vacancy exists. They will

be placed on this list in license acquisition date order to ensure appropri ate training on equipment

occurs .

4. An employee who, due to loss of motor vehicle license, is unable to perform work in his/her

classification, wil l either elect voluntary lay-off or bump the junior employee, for which he/she is

qualified to replace.

Reinstatement will be handled through the job posting procedure.

5. The company reserves the right to assign lead hands, as required. A Lead Hand premium of

$1.00 per hour will apply when applicable.

A Lead Hand's main responsib ilities, in addition to their regular duties, are to lead, guide and

direct in addition to working. Lead hands do not have the authority to discipline employees. In

addition, Lead hands will not have any preferred privileges under any other terms of the collective

agreement.

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APPENDIX 8 CASUAL PART TIME EMPLOYEES

Casual part time employees may be used during peal< periods but not limited to summer and Christmas shutdown periods to augment the regular workforce.

They will:

a) be hired for a specific task or term .

b) pay Union dues per the constitution of the USW.

c) Not accumulate time toward the fulfillment of the probationary period.

d) be paid a rate equivalent to 75% of the general labour rate.

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Letter of Understanding

Between

Terrapure Environmental Hamilton Transportation

(' Terrapure')

And

United Steelworkers, Local 16506 ('Union')

Re: Slow Period - December 2010

The Company and the Union agree to this letter of understanding regarding work in scheduling in slow periods only.

The parties have a responsibility to act in good faith in identifying slow periods and agree to talk

before identifying a slow period.

o "Regular Work Week" is defined under Article 14.01 (b).

o Operators are to reach the 44 hour mark during the regular work week before they will be forced to share hours with a junior operator;

o If there are no operators available for work having less than 44 hours available, work will be assigned based on seniority, while attempting to keep overtime at a minimum.

o Labourers are to reach the 40 hour mark during the regular work week before they will be forced to share hours with a junior labourer;

o If there are no labourers available for worl< having less than 40 hours available, work will be assigned based on seniority, while attempting to keep overtime at a minimum ,

o If all labourers have reached their 40 hour marl<, labouring work will not be shared with operators unless it has first been offered to labourers.

a Anyone who has signed up for a posted position is exempt from sharing of hours while performing the work outlined under that posting (if they are performing work outside of that outlined in the posting, they too are subject to the sharin.g of hours).

o Weekend work for operators will be assigned by seniority to those emp_loyees who have signed the weekend signup sheet and have less than 44 hours

o If there are no operators with less than 44 hours, the weekend work will be given to the most senior operator signed up

o If all workers who have signed the weekend sign up sheet have been utilized or there are no workers signed up, the written agreement will be followed as stated in Ariicle 15.05.

o Weekend work for labourers will be assigned by seniority to those employees who have signed the weekend signup sheet and have less than 40 hours;

o If there are no labourers with less than 40 hours, the weekend work will be given to the most senior labourer signed up.

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o The scheduling of expected layovers will be reviewed on a case by case basis; o Layovers at the beginning of the week will be offered based on seniority, o Layovers towards the end of the week will be scheduled in an attempt to adhere to the

44 hour shared work rule, while minimizing overtime Uunior men with lesser hours will be given layover work if it's anticipated that the layover would put senior men in to overtime).

o Before any grievances are filed, questions or concerns are to be raised to the Operations Supervisor or Operations Manager, a meeting will be arranged with the union representatives to discuss the issue.

FOR THE UNION FOR THE COMPANY

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LETTER OF AGREEMENT #2

VACATION DURING SHUTDOWN PERIODS

Notwithstanding Article 25, this shall confirm the understanding and agreement of the parties to manage vacations during shutdown periods.

Both parties acknowledge and accept that Customer Shutdowns place special requirements on Terrapure for services. These shutdowns are totally in the control of our customers and we need to provide the service when required to meet their needs, enhance our ability to earn revenue from the customer and ensure we remain their service provider during the non-shutdown periods. Many of these customers have shutdowns during the same period and often do not provide much advance notice. Consequently, the Company has had to institute a policy of restricting any vacations during these periods to ensure our ability to perform this work.

In recognition that some vacation capacity may exist during some shutdowns on short notice both parties agree to the following procedure to request and approve vacations during this period:

1. Employee will submit their vacation requests to their superv isor two (2) weeks in advance of the start of each Shutdown Period with details of the request.

2. These will be accumulated and held by the supervisor pending the ability to allow vacation time during Shutdowns is known.

3. The supervisor will review the shutdown status each week beginning with the first week of shutdown and determine if vacation flexibility exists. Both parties acknowledge that resources from more than one location may be needed for shutdowns and this will be factored into any decisions to allow vacations.

4. Available vacation slots shall be made available to those who submitted vacation requests per the time reqwirements above on a seniority basis.

5. Vacation requests from employees who did not meet the time requirements will be considered only after all those who requested vacation within the time limit have been satisfied. Such short term requests will then be considered on a seniority basis.

6. Nothing prevents an employee from withdrawing his vacation request under these provisions

Dated: n'lo,.J_ \~1, ?OlB


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CONTINUOUS IMPROVEMENT

This shall confirm the understanding and agreeme.nt of the parties to actively support and promote a continuous improvement process at the Hamilton Transport unit. Some items, which may be reviewed by the parties are:

Fuel costs Equipment repair and maintenance costs Safety supplies Operating supplies

In addition, Hamilton Transport Operators may participate in Dispatching activities from time to time with a goal of sharing knowledge in the areas of maximizing utilization of people and equipment, details and inventory of equipment and customer specific information. It is a goal of the Company to create scheduling efficiencies and improvements as well as to maximize the use of the Hamilton Transport group and available equipment prior to usage of third party providers .

. . ' . ' .

··: .,r

Dated: n1o'-[ \~ , Z. OtB

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BANKING HOURS

Employees may voluntarily have a bank of a maximum of 60 hours to be used, all or in part, upon advance written request by an employee; to be paid during slow periods, under the following terms:

1. It is voluntary.

2. An overtime hour banked is paid out at the overtime rate in effect at the time the hour is used and paid out.

3. All hours must be paid out in the year earned per CCRA (Revenue Canada rules).

4. The parties agree to amend the program if any legislative issues OC'.cur.

5. The advance written request by the employee must be sufficient for normal payroll direct deposit.

6. These banked hours are earnings for all purposes and are an obligation by the Company.

7. Appropriate record keeping signed off by the Manager, Local Steward and Employee involved will be worked out.

Dated: n'\04 \~ I zo18

FOR THE UNION

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Training

Terrapure and the Union recognize the need to formalize training including the following:

o Review of all applicable SOPs o Identifying critical tasks for each piece of equipment 0 Hours required to acquire adequate skills and abilities o Trainer role and responsibi lities o Required trainer and supervisor JTO's to verify skills and abilities o Consistency of trainer program (i.e. duration of training, consistent trainer when scheduling

permits)

Employees designated as trainers will receive a $1.50 per hour training premium when training existing non-probationary employees on new equipment.

Employees designated as trainers will receive a $2.00 per hour training premium when training new employees within their probationary period (first 75 days worked) . This will apply to the following classifications: Labourer Trainee, DZ Driver/Operator, Driver/Operator 4.


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Bid Jobs

From time to time the Company may acquire long-term customer contracts that require steady work and job specific training. These job opportunities will be posted, employees wil l have the opportunity to apply and the job will be assigned based on skills , qualifications and seniority.

If/when the employee is faced with a shortage of work for the assigned job that exceeds two consecutive working days then his/her seniority will apply on scheduled work. For work shotiage of two days or less the employee will bump back into regular duties, but at the bottom of the seniority list.

Dated: 01 r-' ~ lt-L l · 18


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METALLOS - sdc.gov.on.ca and Waste... · REVOLUTION ENVIRONMENTAL SOLUTIONS LP ... (hereinafter...

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Transcript of METALLOS - sdc.gov.on.ca and Waste... · REVOLUTION ENVIRONMENTAL SOLUTIONS LP ... (hereinafter...