N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',(...

23
N t::- FILE No. 6 79 -;,§"?] CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ EFF. DATE 0Q- l)e C-OS EXP.DATEc9J /7)-eL-O-g PROPOSED /' CODING CO.'flROL DATE CODER COLLECTIVE AGREEMENT IDEIIT CODED L RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN OTHER WASTE SERVICES (CAl INC. ( hereinafter referred to as the "Employer") AND TEAMSTERS, LOCAL UNION 91 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS ( hereinafter referred to as the "Union")

Transcript of N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',(...

Page 1: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

N t::-

FILE No. 6 79 -;,§"?]

CERT, FILE 15"" JutJoJ',(

CERT.DATE 0 2.01'

TOTALEMPS p:;_ EFF. DATE 0Q-l)e C-OS

EXP.DATEc9J /7)-eL-O-g PROPOSED

/' CODING CO.'flROL DATE CODER

COLLECTIVE AGREEMENT IDEIIT CODED L ~d"cdg.

RECEIVED- Jef, &.!J.

-UNION I v{ EMPLOYER 1 BETWEEN

OTHER

WASTE SERVICES (CAl INC. ( hereinafter referred to as the "Employer")

AND

TEAMSTERS, LOCAL UNION 91 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

( hereinafter referred to as the "Union")

Page 2: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 2

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

INDEX

Purpose ................................................................................................................................ Page

Recognition .......................................................................................................................... Page

Union Security ...................................................................................................................... Page

Union Representation .......................................................................................................... Page

Reservations to Management. .............................................................................................. Page

Grievance Procedure ........................................................................................................... Page

Arbitration ................................................................................................................. ,. .......... Page

Strikes and Lockouts ............................................................................................................ Page

Seniority ............................................................................................................................... Page

Job Postings, Promotions & Transfers .................................................................................. Page

Hours of Work and Overtime ................................................................................................ Page

Wages .................................................................................................................................. Page

Vacations ............................................................................................................................. Page

Paid Holidays ....................................................................................................................... Page

Leave of Absence ................................................................................................................. Page

Bereavement Leave ............................................................................................................. Page

Health and Welfare ............................................................................................................... Page

General ................................................................................................................................ Page

Drivers .................................................................................................................................. Page

Jury Duty .............................................................................................................................. Page

No Discrimination ................................................................................................................. Page

Term of Agreement ......................................................... Page

Schedule "A" Classifications and rates of pay .............................................................................................. Page

Schedule "B" Health and Welfare benefits ................................................................................................... Page

Page 3: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 3

ARTICLE 1 • PURPOSE

1.01 The purpose of this Agreement is to provide an orderly collective bargaining relationship

between the Employer and the Union with respect to the Bargaining Unit as defined herein, to

secure and promote the prompt disposition of grievances and the efficient operation of the

Employer's business.

1.02 Where the masculine or singular pronoun is used in this Agreement, it shall be deemed to

include the feminine and the plural.

ARTICLE 2 • RECOGNITION

2.01 The Employer recognizes Teamsters Local Union 91 as the exclusive collective Bargaining

Agent for all employees of Waste Services (CA) Inc. in and out of the City of Brockville, save

and except Supervisors, persons above the rank of Supervisor, dispatchers and sales staff.

2.02 Employees of the Employer whose jobs are not in the bargaining unit shall not work on jobs

included in the bargaining unit which as a direct result cause the lay-off or reduction in a

bargaining unit employee's normal hours, except where such work is done in an emergency

situation.

2.03 The Employer agrees not to enter into any agreement or contract with its employees,

individually or collectively, which in any way conflicts with the terms and conditions of this

Agreement.

ARTICLE 3 ·UNION SECURITY

3.01 The Employer agrees that all employees covered by this Agreement (except new employees

during their probationary period) shall, as a condition of employment, become and remain

members of the Teamsters Union in good standing. Probationary period for new employees

shall be 60 days worked.

Page 4: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 4

3.02 New employees shall make application for membership in the Union on cards supplied to the

Employer by the Union at the time of their hiring and shall become and remain members of the

Union in good standing as a condition of employment as soon as their probationary period has

been served. The Employer shall ensure that the application for membership cards are

completed by the employees at the time of hiring and shall forward such card to the Union with

the next dues payment.

3.03 The Employer agrees to deduct by-weekly, the initiation fees (instalments of $10.00), the

regular Union dues, assessments and arrears of Union dues, in the amount and manner

specified by the Union's charter, bylaws or constitution, as the case may be, from the pay due

all employees covered by this Agreement and remit the money so deducted to the Union on or

before the fifteenth (15th) day of the month following the month in which the dues are

deducted. Probationary employees will be required to pay the Union dues during their

probationary period.

3.04 If an employee is absent and has not sufficient pay to his credit, his Union Dues shall

accumulate and shall be deducted upon his return to work. It shall be the responsibility of the

Union to advise the Employer of. the names of the employees who signed a withdrawal card so

that deductions would not be made during his period of legitimate absence.

3.05 The Union agrees to indemnify and save the Employer harmless against claims that may arise

out of, or by reason of, deductions made or payments made in accordance with this article.

3.06 The Employer will, at the time of making each remittance to the Union, specify the employees

from whose pay such deductions were made.

3.07 The Employer agrees to include on the employees T-4 slip, the total amount of Union dues

Page 5: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CAl Inc. 5

paid during the previous calendar year.

ARTICLE 4- UNION REPRESENTATION 4.01 The Employer acknowledges the right of the Union to appoint or otherwise select a Steward

plus a Sub Steward to act in the absence of the Steward for the purpose of investigating and handling complaints and grievances.

4.02 The Union will info;m the Employer, in writing, of the names of the Stewards and any subsequent changes in the name of the Stewards. The Employer shall not be asked to recognize any Steward until such notification from the Union has been received.

4.03 (a) The Employer will recognize a Union Bargaining Committee comprised of one (1) employee for the purpose of negotiating this Agreement and the renewal of this Agreement provided the employee on the committee has acquired seniority

4.04 When an employee who is covered by this Agreement is called into a meeting with a Management Person to investigate the employee's alleged misconduct or to impose discipline upon him, the employee shall be accompanied by a Steward. If no Steward is available, another bargaining unit employee of his/her choice who is then at work may substitute.

4.05 A full-time representative of the Union shall be entitled to visit the Employer's premises to deal with matters arising out of the administration of this Agreement provided they give prior notification to the Operations manager.

Page 6: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 6

4.06 The Steward(s) have regular duties to perform on behalf of the Employer and they shall not leave their duties to investigate, process and settle complaints and grievances, in a prompt and efficient manner, without the express consent of the Supervisor or his delegate. Such consent will not be unreasonably withheld. Where such consent has been granted, the Steward resuming his regular duties will report to his immediate Supervisor or his delegate.

4.07 The Employer agrees io provide two (2) days unpaid leave per year of the agreement for the Steward to attend Union training sessions. These days may be combined where required.

ARTICLE 5 ·RESERVATIONS TO MANAGEMENT

5.01 Except as specifically modified by the Collective Agreement, all the rights, powers and authority of management are vested in the management and remain exclusively and without limitation within the rights of management.

5.02 If management exercises any of the above rights, contrary to any of the specific provisions of this Collective Agreement, an employee injured thereby shall have the right to file a grievance.

ARTICLE 6 ·GRIEVANCE PROCEDURE 6.01 The Employer and the Union agree that it is of the utmost importance to adjust complaints and

grievances as quickly as possible. It is agreed that no employee may file a formal grievance until he has first gone to his immediate Supervisor, or his designate, on his own or accompanied by a Steward, in an attempt to adjust his complaint.

Page 7: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 7

6.02 No grievance shall be considered which has not been filed within fifteen (15) working days after the circumstances which gave rise to it came to the attention of, or should have come to the attention of, the employee concerned.

6.03 Grievances shall be adjusted and settled as follows: STEP 1

By a conference among the employee, the Steward concerned with the grievance and his immediate Supervisor, or his designate within five (5) working days of the filing of the grievance. Such management person shall give his written decision to the Steward within four (4) working days of the above conference. Failing settlement of the grievance then: STEP2

By a conference among the employee, the Steward concerned with the grievance, the Chief Steward, the Union Representative, the Supervisor, the site Manager or his designate. The site manager or his designate shall give his decision in writing to the Union Representative within seven (7) working days or a longer period, if mutually agreed to by the Parties. Failing a settlement of the grievance, the matter may be referred to arbitration within thirty (30) days after the decision in STEP 2 by the site Manager or his designate, in accordance with the provisions of Article 7.

6.04 A complaint, difference or dispute which occurs directly between the Employer and the Union or on behalf of a group of employees shall be dealt with under STEP 2 provided a written complaint is filed by the grieving party with the other party within fifteen (15) calendar days of the date of the occurrence giving rise to the grievance.

6.05 The Employer will give notice to the employee in writing of the reasons for discharge, suspension or disciplinary action to an employee at the time such action is taken. A copy of such notice shall be given to the Steward and a copy to the Union.

Page 8: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 8

6.06 A claim by the Union that an employee has been unjustly discharged or suspended shall be taken up under STEP 2 of the grievance procedure if a written statement of such grievance, signed by the employee, is lodged with the Employer within five (5) working days (Saturdays, Sundays and Paid Holidays excluded) after the discharge or suspension is effected.

6.07 Such special grievance may be settled under the grievance procedure or arbitration by: (a) confirming the Empioyer's action in suspending or discharging the employee or, (b) reinstating the employee with full compensation for time lost; or, (c) any other arrangement which may be deemed just and equitable to the parties.

6.08 The Employer shall take disciplinary action against an employee within ten (10) working days, otherwise the penalty or reprimand will be considered null and void.

6.09 The record of an employee shall not be used against him/her if the employee remains discipline free for twelve (12) months following a suspension or disciplinary action including letters of reprimand or any adverse reports.

6.10 For the purpose of investigating and processing a grievance, a full-time representative of the Union and/or the Steward concerned shall be entitled to inspect and make copies of time cards, trip sheets and similar work records which relate to that grievance.

ARTICLE 7 ·ARBITRATION 7.01 When either party to this Agreement decides to submit a grievance to arbitration, they shall

make such request in writing, copying the other party, within fifteen (15) calender days

Page 9: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 9

(Saturdays, Sundays and Paid Holidays excluded) of the decision in STEP 2 being communicated.

7.02 If the grieving party so wishes, grievances shall be heard by a single Arbitrator. The other party shall respond within five (5) working days, either agreeing to the proposed single Arbitrator or suggesting alternative Arbitrators. !f the parties cannot agree on an Arbitrator within five (5) working days, either party may request the Minister of Labour to appoint a single Arbitrator.

7.03 Each party shall bear the expenses of presenting its own case and the parties shall jointly and equally bear the expenses of the Arbitrator.

7.04 The Arbitrator shall not make any decision inconsistent with the terms of this Agreement, nor alter, modify or amend any part of this Agreement but shall only consider the questions in dispute.

7.05 The Union and the Employer may, by mutual agreement, extend the deadlines stipulated in this Agreement. Such agreement shall be confirmed in writing.

ARTICLE 8 - STRIKES & LOCKOUTS

8.01 During the term of this Agreement, the Union agrees that there will be no strike and the Employer agrees that there will be no lockout.

8.02 It shall not be a violation of this agreement for the employees covered hereunder to refuse to cross a legal picket line.

ARTICLE 9 -SENIORITY

9.01 Length of service in the bargaining unit shall be the sole determining factor in ascertaining seniority. An employee will be considered on probation until he has completed sixty (60) days

Page 10: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services {CA) Inc. 10

worked. After an employee has acquired seniority under this clause, his seniority shall date back to the last day of hire.

9.02 (a) Seniority shall be the determining factor in lay-offs, promotions, transfers to other jobs, transfers to other shifts and/or start time, recalls from lay-offs and temporary transfers provided the employee with the greatest seniority has the ability and qualifications to perform the work in question. Probationary and part-time employees will be laid off first and will be the last to be recalled from lay-off provided those employees remaining have the ability and qualifications to perform the remaining work.

For clarity, an employee who is to be laid off shall have the privilege of exercising his seniority to displace an employee with less seniority who is then classified in any other position in the bargaining unit provided the employee has, in the reasonable judgment of the Employer, the ability and qualifications to perform the work in question.

Any employee who is displaced from his job for any reason whatsoever will have the same opportunity.

(b) The Employer will provide the Chief Steward with the names of the employees who are going to be laid-off along with dates that they will be laid-off, and will also provide the same information when employees are going to be recalled.

9.03 Seniority will continue to accumulate during absences caused by illness, injury or, approved leave of absences.

9.04 A seniority list shall be placed on the bulletin board and will be revised by the Employer at least every six (6) months, on, or about the first day of January and the first day of July. Such lists shall contain the employees name, his job classification and his starting date. With employees' authorization the lists forwarded to the Union shall also include the employees address and

Page 11: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 11

telephone number.

9.05 An employee shall lose all seniority and his employment shall be automatically terminated if he:

(a) quits;

(b) is discharged and such discharge does not reverse through the grievance procedure; (c) is laid off for a period of more than twelve (12) months; (d) following a recall from lay-off, fails to notify the Employer of his intention to return to

work within five (5) calendar days of the date of the date of mailing by registered mail to him of notice to return to work, and thereafter fails to report to work within seven (7) calendar days of such mailing;

(e) overstays a leave of absence without a reasonable excuse acceptable to the Employer; (f) if he absents himself for more than three (3) consecutive working days, unless the

employee has a bona fide reason acceptable to the Employer.

9.06 It shall be the duty of employees to notify the Employer promptly of any change in their address or telephone number. The Employer shall send a copy of such notice to the Union office along with the dues check-off.

9.07 Employees promoted to permanent supervisory positions or positions not subject to this Agreement will retain their seniority after promotion for a three (3) month period only. After such three (3) month period, the employee shall have no accumulated seniority under this Agreement.

. -lliis article will only be applied once for any employee during the term of this Agreement.

ARTICLE 10- JOB POSTINGS, PROMOTIONS & TRANSFERS

10.01 All permanent vacancies will be posted. The posting shall list shift, rate of pay, qualifications

Page 12: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 12

and classification. The postings shall remain on the bulletin boards for five (5) working days. All persons wishing to bid such posting shall sign their names to the posting.

The Employer shall post the name of the successful applicant on the bulletin board for five (5) working days. The successful applicant will be placed in the job on the specified date on the posting. The Union agrees that there may be e:x.1enuating circumstances that could delay the successful applicant being placed in the position on such date and will meet with the Employer to discuss options.

An employee who is absent from work for any reason will advise his Steward regarding possible job vacancies that he would be interested in. The Steward will be entitled to bid for the position on behalf of the employee.

The Employer will deliver to the Steward and the Union a copy of a list of applicants for each posted job, shown in order of seniority, as well as a copy of a notice announcing the successful applicant for the job.

10.02 Vacancies will be awarded on the basis of seniority provided the employee has the ability and qualifications to perform the work in question.

10.03 A successful applicant for a posted job will be placed in that job for a trial period not exceeding thirty (30) working days. During such period, the Employer will extend to the employee basic instruction and familiarization in the normal requirements of the job. If an employee is unable to perform the normal requirements of the job during the trial period to the reasonable satisfaction of the Employer, he will be retur_nElcj to_IJis_fosmerjob at his former rate of pay, as ---;:cw""ill a-riy other employee in the bargaining unit who was promoted or transferred as a result of the original job posting.

10.04 If an employee does not qualify during such period and is returned to his former job during such period, the resulting original vacancy will be offered in order of seniority to the other

Page 13: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 13

Employees who bid for the job and who have the ability to perform the work in question.

1 0.05lf there is no successful applicant for a posted job, the Employer may then fill the vacancy from outside the bargaining unit.

An employee temporarily transferred or assigned to a classification other than his own by the Employer shall be remunerated according to the wage rate of his regular classification or that of the classification to which he is transferred or assigned, whichever is highest. The employee shall remain at the highest rate for all hours worked in the higher classification.

(b) An employee who voluntarily transfers or moves to avoid a lay-off to a classification other than his own shall be remunerated according to the wage rate of the classification he transfers to.

ARTICLE 11 • HOURS OF WORK AND OVERTIME 11.01 (a) The standard work week for all employees shall be forty (40) hours, consisting of four (4) ten (1 0) hour shifts or, five (5) eight (8) hour shifts as the case may be, Monday through Saturday. This shall not be construed as a guarantee of a certain number of hours/day or days/week.

(b) Employees reporting for work as scheduled who have not been properly notified not to do so, shall be guaranteed four (4) hours wages at the applicable rate.

11.02 Employees will be entitled to two (2) fifteen (15) minutes paid rest periods, one in the first half

Page 14: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 14

and one in the second half of their shift and half(%) hour unpaid lunch between the fifth (5) and sixth (6) hour of work.

11.03 All hours worked by an employee in excess of 44 hours weekly shall be paid at the rate of time and one half.

11.04 Scheduled overtime shall be offered by seniority. This does not include overtime at the end of "3 rlri' 1~~"""' .. ,...,.. ................ ,..t...,,,.-'u·u·'r"'u-' ,-u-·u·•L"' u UIIY~~;;;il.:l IVHUIOIIJ o::t\.o .....- ..., '"'·

11.05 If an employee has completed his day's work and has gone home and is subsequently called back to work by the Employer, he shall be paid a minimum of four (4) hour's pay at regular rate or one and a half (1 %) times hours worked whichever is greater.

11.06 There shall be no split shifts.

ARTICLE 12 ·WAGES

12.01 Attached hereto and forming part of this Agreement is Schedule "A" outlining Classifications and Rates of Pay.

12.02 Employees shall be paid bi-weekly by Thursday, by cheque or direct deposit and each employee shall receive a statement listing his straight time hours, overtime hours, hourly rate, all deductions and year to date totals.

ARTICLE 13- VACATIONS

13.01 An employee shall receive a vacation and vacation pay on the basis of an employee's service as of the employee's anniversary date:

Page 15: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 15

(a) Less than one (1) year service - according to Employment Standards Legislation in force at the date of commencement of this agreement.

(b) After one (1) year service or more- two (2) weeks- four percent (4%) of total earnings for vacation period.

(c) After five (5) years' service- three (3) weeks - six percent (6%) of total earnings for vacation period.

(d) Gross Earnings will be as per the employee's T4.

13.02(a) Vacation schedules shaii be posted by April1 51 in each year. There shall be no changes in the vacation schedules except by mutual agreement between the Employer and the Union.

(b) Vacation time will be chosen by seniority. Employees eligible for vacation will be given the opportunity to book all of their vacations in one (1) round, but will be restricted to book a maximum of two (2) weeks during the summer period, which will be from July 1st to August 31 5

t. After all of the employees have had the opportunity to book their vacations, employees with pending weeks will be entitled to book any weeks left open during the summer period.

(c) Employees who give up their choice of vacation time by not scheduling, thereby leaving their vacation time pending, will have to take whatever is available, and this, on a first come first serve basis. Only in the case where two (2) or more employees make their request at the same time, and for the same time period, the employee with the most seniority will be allowed the desired vacation time.

(d) The Employer shall allow at least one ( 1) employee off on vacation per week.

13.03 Any employee whose employment is terminated for any reason whatsoever, shall receive his full vacation pay since the last vacation date upon which vacation pay was calculated.

Page 16: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 16

13.04 If an employee is prevented from going on his scheduled vacation in a vacation year because he is off work and in receipt of WSIB benefits or benefits under the weekly indemnity insurance or long term disability referred to in Schedule "B" to this Agreement, such vacation shall be rescheduled upon his return to work, provided he returns within that vacation year. In any case, the employee remains entitled to vacation pay in the amount provided by this Agreement.

13.05 It shall be compulsory for all employees to take their vacations during the vacation year in which they qualify for such vacations.

ARTICLE 14 ·PAID HOLIDAYS

14.01 The following Paid Holidays will be granted to all Employees with pay after they have completed their probationary period.

New Year's Day

Victoria Day

Canada Day

Labour Day

Christmas Day

Good Friday

Civic Holiday

Thanksgiving Day

Boxing Day

lfthe-Provirrcial\3ovemmentdeclares--an -officiaiPaia-liOITday it will be-observea--and pala-foT ___ _ as such.

14.02 If an above-noted Paid Holiday falls on a employees scheduled day off the employee will have the option of receiving one (1) days pay, or a day in lieu with pay to be scheduled at mutually

Page 17: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc. 17

agreed to time.

14.03 The basis of payment for each of the above Paid Holidays shall be one (1) day's pay. Where an employee immediately prior to and after the holiday is working on a shift other than the day shift, his pay for the holiday shall include the applicable shift premium.

14.04 If a Paid Holiday(s) falls within an employee's vacation period, the employee will be allowed to schedule an additional day off with pay at a mutually convenient time between him and the Employer. He wiii receive payment for such additional day whenever such day is taken.

ARTICLE 15- LEAVE OF ABSENCE

15.01 (a) Employees may be given an indefinite leave of absence without pay and without loss of seniority when authorized to serve in any capacity on official Union business. Subject to the operational requirements of the Employer such request shall not be unreasonably withheld. Such leave of absence shall be revocable upon seventy-two (72) hours notice by the employee.

(b) Any such leave of absence, shall be without pay and without the other benefits in this Agreement, but the employees seniority shall continue to accumulate during such leave of absence.

15.02 An employee who wishes a leave of absence for legitimate personal reasons shall make such request in writing to his Supervisor at least ten (1 0) days prior to the proposed commencement date of such leave of absence, except in the case of personal emergency. The employee's request shalrcontain:

his reasons for the proposed absence;

the commencement date of the proposed leave of absence; the length of the proposed leave of absence.

---

Page 18: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) ~nc. 18

The Supervisor's permission for a leave of absence shall not be unreasonably withheld.

15.03 In order to minimize disruption of vacation schedules, no leave of absence will be consecutive

with an employee's annual vacation, except in case of personal emergency.

15.04 The Employer will grant Maternity Leave, Parental Leave, and Adoption Leave in accordance

with the Employment Standards Act of Ontario.

15.05 Employees who are qualified to vote shall, on election days, be allowed time off with pay to

vote in accordance with the provisions of applicable Federal and provincial laws in accordance

with any by-laws of the municipality in which an Employee may reside.

ARTICLE 16- BEREAVEMENT LEAVE

16.01 In the event of a death in the immediate family of the employee covered by this agreement, the

Employer agrees to grant time off and to make up the employee's regular pay computed at

his/her straight time rate for any absence up to three (3) days immediately preceding the

funeral from his/her regularly scheduled work for the purposes of attending at or making

arrangements for the funeral. Immediate family shall mean father, mother, spouse, brother,

sister, son, daughter, mother-in-law, father-in-law and grandparent. An employee shall be

granted up to three (3) days leave from his/her regularly scheduled work, without pay, for the

purposes of attending at or making arrangements for the funeral, in cases of death of foster

parent, brother-in-law, sister-in-law, or any blood relative who has been residing in the same

household.

16.02 An employee who has to use bereavement leave during a period of vacation shall have that

portion of vacation considered bereavement leave.

Page 19: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) -nc. 19

ARTICLE 17 ·HEALTH AND WELFARE

17.01 Attached hereto and forming part of this Agreement is Schedule "B" outlining Health & Welfare

Benefits.

17.02 The Employer will continue to make reasonable provisions for the protection of the health and

safety of the employees during hours of their employment. Personal Protective Equipment

mandatory to protect employees from injury shall be provided at no cost to the Employees.

17.03 The Employer and the Union agree that they mutually desire to maintain standards of safety

and health in the work environment in order to prevent accidents, injury, and illness. The

Employer and the Union agree to recognize a bargaining unit Health and Safety

Representative for the purpose of discussing and promoting safety, health and sanitary

practices, and the observance and enforcement of safety rules. Such Representative shall be

governed by The Occupational Health and Safety Act.

17.04 The Employer further agrees that it shall comply with applicable Provincial and Municipal

Health and Safety Legislation and Regulations, including the Occupational Health & Safety Act

of Ontario.

17.05 By September of each year the Employer agrees to provide a uniform to each Employee who

has completed his probationary period.

The uniform consists of:

one ( 1) Summer wind breaker

one (1) Winter jacket (parka or bomber)

one (1) winter vest

one (1) rain suit

four (4) pairs of pants, employees may exchange one (1) pair of pants for a non­

insulated pair of coveralls;

four (4) long sleeve shirts and four (4) short sleeve shirts or t-shirts;

Page 20: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) ~nc. 20

one (1) cap;

leather palmed gloves as required;

The Employer agrees to contribute two hundred (200.00) dollars towards the cost of

C.S.A. approved safety footwear upon presentation of receipt of purchase.

17.06 The Employer agrees to provide non prescription safety glasses at no cost to the Employees ..

17.07 The Employer agrees to provide clean and sanitary facilities with respect to lunch and

washrooms, and the Employees agree to keep these facilities in proper order.

17.08 If an employee is injured after he has commenced work and is thereby incapacitated from

carrying out his duties, the Employer shall arrange transportation to and from the hospital back

to work or home is required at no cost to the Employee. The Employer will pay the Employee

for any hours he missed from his regularly scheduled shift because of the injury if the

employee is unable to complete his total shift.

17.09 The Employer agrees to provide first-aid supplies in areas readily accessible to Employees.

17.10 The Employer and the Union agree to co-operate with each other in order to eliminate

accidents. It is agreed that all Employees shall be responsible to report immediately to

Management any defective equipment or dangerous procedures that may cause accidents. It

shall be the duty of each Employee to report promptly all injuries he suffers and all accidents

involving the Employer's property and equipment which occur while he is on duty.

17.11 All trucks shall be supplied with a fire extinguisher and first-aid kit which will be properly

maintained.

ARTICLE 18 -GENERAL

18.01 The Employer shall provide a bulletin board which shall be placed so that all employees will

have access to them upon which the Union, with the Employer's approval, shall have the right

to post appropriate notices of meetings and other such Union notices as may be of interest to

the employees.

Page 21: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) .nc. 21

18.02 If the wearing of safety hats is required by the M.O.L. the Employer will provide C.S.A.

approved safety hats to all Employees free of charge.

18.03 The Employer shall pay the prevailing hourly rates to all Employees compelled to attend

Employer meetings.

18.04 The Employer shall provide free parking on the premises to all Employees who use their own

automobile for transportation.

18.05 In the event any of the terms or provisions of this Agreement shall be or become invalid or

unenforceable by reason of law, directive, order, rule, or regulation now existing or hereafter

enacted or issued, or any decision of a court, such invalidity or unenforceability shall not affect

or impair any other terms or provisions hereof.

ARTICLE 19 ·JURY DUTY

19.01 If an Employer is required to perform jury duty or is required by subpoena, to appear in court

as a Crown witness the Employer shall continue to pay him his normal wages that he would

have otherwise have earned at his regular, straight-time hourly rate. At such time that the

Employer receives his jury duty pay or witness fees he will then sign them over to the

Employer.

ARTICLE 20 ·NO DISCRIMINATION

20.01 The Employer and the Union agree that there will be no discrimination against any Employer

contrary to the Ontario Human Rights Act, provided that the retirement of an Employer within

the provisions of any pension plan, if applicable, shall not amount to discrimination.

ARTICLE 21 ·TERM OF AGREEMENT

Page 22: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) -nc. 22

21.01 The term of this collective agreement shall be from December 22, 2005 to December 21, 2008.

21.02 If, pursuant to the negotiations, an agreement is not reached on the renewal or amendment of

this Agreement or the making of a new Agreement prior to the expiry date, this Agreement

shall continue in full force and effect until a new agreement is signed between the Parties or

unless conciliation proceedings prescribed under the Ontario Labour Relations Act have been

completed, whichever date should first occur.

21.03 This Agreement shall enure to the benefit of and be binding upon the Parties hereto and their

respective successors and assigns.

Signed in Brockville, Ontario this

FOR THE Employer: FOR THE UNION:

Waste Services (CA) Inc.

Page 23: N t::- FILE 6 79 -;,§?] CERT, FILE 1 5 TOTALEMPS EFF. DATE ... · CERT, FILE 1 5"" JutJoJ',( CERT.DATE 0 2.01' TOTALEMPS p:;_ ... RECEIVED- Jef, &.!J. -UNION I v{ EMPLOYER 1 BETWEEN

Waste Services (CA) Inc.

SCHEDULE "A" Wages and Classifications

Name Classification Wage, December

23,2005

Gary Craig Front Load 15.45

Cary Whiteland Roll-off 15.45

Rob Godden Side/rear load 15.45

Fred Steenwyk Side/rear load 15.45

Pat Muir Side/rear load 15.45

Barry Reid Loader Operator 15.45

Dave Bovingdon Side/rear load 15.00

Dan Verburg Side/rear load 15.00

Neil Coiling Side/rear load 15.00

Don Crummy Side/rear load 15.00

Barry Robertson Side/rear load 15.00

Chris Oprey Side/rear load 15.00

Start Rate- $1.00 less during probation period.

Lead hand - $1.00 more than hourly rate.

SCHEDULE "B" HEAU:H ANO-WEu;ARE BENEf'l"'f'-S

23

Wage, December Wage, December

23,2006 23,2007

15.91 16.39

15.91 16.39

15.91 16.39

15.91 16.39

15.91 16.39

15.91 16.39

15.45 15.91

15.45 15.91

15.45 15.91

15.45 15.91

15.45 15.91

15.45 15.91

j

Teamsters, Local 91 and Waste Services (CA) Inc. agree that the benefit plan in place at the time of

ratification will remain as the employees' plan. This plan is referenced as Group Policy Number

G0039810.