BETWEEN:

COLLECTIVE AGREEMENT

BRUCE AREA SOLID WASTE RECYCLING ASSOCIATION INC.

126 Concession 14 Southampton, ON NOH 2LO

(Hereinafter called the "Employer")

-and-

Phone: (519) 797-5557 Fax: (519) 797-5472

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL793

523 First Street, Suite 2 London, ON N5V 1Z4

(Hereinafter called the "Union") Phone: (519) 451-7430

Fax: (519) 451-7265

WHEREAS the decision of the Ontario Labour Relations Board, the Union was certified as the bargaining agent for all employees save and except Managers, persons above the rank of Manager, Office and Clerical Staff.

AND WHEREAS it is the intent and purpose of the Union and the Employer to further harmonious industrial relations between the Employer and its Employees;

THEREFORE, this agreement witnesseth that the parties hereto hereby agree as follows:

ARTICLE 1 - SCOPE 1.1 The word "Employee" wherever used in this agreement shall mean the Employees of the

Employer in the bargaining unit certified by the Ontario Labour Relations Board.

1.2 An Employee shall be considered on probation and will not be subject to the seniority provisions of this Agreement nor shall his name be placed on the seniority list until he has completed ninety (90) days of intermittent employment within twenty-four (24) calendar months. Upon completion of such probationary period, the Employee's name shall be placed on the respective seniority lists with seniority entitlement based on the length of continuous service dating as of the date of the employee's first hiring with the Employer. After the Employee has completed their probation, they will be placed at the appropriate classification level reflecting the work they are performing and paid according to that classification rate.

That position would be considered as part-time until a full-time position would be available. This full-time position would be mutually agreed with Management and the Union and will not be unreasonably withheld. Until full-time status is achieved, the Employee would not be entitled to medical benefits or OMERS Pension credits.

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"Permanent full-time Employee" shall mean any Employee engaged for an indefinite period of time and working such regular hours as constitute a full work week as set out in the Collective Agreement.

ARTICLE 2- RECOGNITION 2.1 The Employer recoguizes the Union as the sole Collective Bargaining Agency for all

Employees save and except Manager, Foremen, persons above the rank of Foreman, Office and Clerical Staff, and for the duration of the Agreement, persons regularly employed for not more than 24 hours per week, students employed during the school vacation period and employees hired on a Federal, Provincial or Municipal work incentive program.

ARTICLE 3- DISCRIMINTION 3.1 The Employer and the Union agree that there will be no intimidation, discrimination,

interference, restraint or coercion exercised or practised by either of them or their representatives or members because of an Employee's sex, age, political beliefs, religion, membership or non-membership in the Union because of his activity or lack of activity in the Union save only in respect of Employees in the Recycling Association who shall, as a condition of employment, be required to become members of the Union and pay dues.

ARTICLE 4- MANAGEMENT RIGHTS 4.1 The Union acknowledges that it is exclusively the function of the Employer to:

(a)

{b)

maintain order, discipline and efficiency;

hire, discharge, direct, classify, transfer, promote, demote, lay-off, and suspend or otherwise discipline Employees subject to the provisions of this Agreement provided that a claim of discriminatory promotion, demotion or lay-off, or that an Employee has been suspended or discharged without just cause may be treated as a grievance as provided for under the grievance procedure;

(c) maintain and enforce rules and regulations not inconsistent with the provisions of this Agreement, governing the conduct of Employees;

(d) generally to manage the affairs of the Corporation and without restricting the generality of the foregoing to determine the number of personnel required from time to time, the standards of performance for all employees, the methods, procedures, equipment to be used and all other matters concerning the Corporation's day to day affairs not otherwise specifically dealt with elsewhere in this Agreement.

4.2 The Employer agrees that these functions will be exercised in a manner consistent with the provisions of this Agreement.

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4.3 Without restricting the generality of the forgoing it is understood and agreed that the activities as listed in the BASWR Policies and Procedures Handbook, if engaged in by an Employee or Employees, shall be deemed to be just cause for discipline up to and including discharge.

ARTICLE 5 - UNION SECURITY 5.1 The Employer agrees to deduct from the wages of Employees the regular monthly Union

dues, initiation fees and any other authorized dues as certified as being in effect by the Union and to remit same to the International Union of Operating Engineers, Local 793, as directed on the remittance forms supplied by the Union, not later that the fifteenth (15) day of the month following the month such deductions were made. Current union dues shall be calculated at the rate to two percent (2%) of the Employee's base hourly rate of pay.

5.2 (a) All permanent Employees shall, as a condition of continued employment, be required to become members of the Union and remain in good standing.

(b) All other Employees who work a total combined time of more than twenty-four (24) hours in a two week pay period will be required to pay appropriate monthly dues.

(c) Effective January 1, 2013, the Employer shall deduct fifteen-cents ($0.15) per hour worked by each Employee covered by this agreement for Union Advancement dues. The amount deducted shall be remitted together with other monthly contributions and deductions in the manner set out in this Collective Agreement.

ARTICLE 6 CESSATION OF WORK 6.1 In view of the orderly procedure for settling grievances and flowing the signing of this

Agreement, the Employer agrees that it will not cause or direct any lock-out of its Employees and the Union agrees that there will be no strike or collective action which will stop, curtail or interfere with work or the Employer's operations. The Union agrees that if any such collective action takes place, it will repudiate it forthwith and require its members to return to work.

ARTICLE 7 GRIEVANCE PROCUDRE 7.1 There shall be an earnest effort on the part of both parties to this Agreement to settle

promptly through the procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this Agreement.

7.2 All grievances to be dealt with under Step 2 shall be in writing on forms supplied by the Union and signed by the Employer or the Union having such grievance.

7.3 Written grievances to be valid, shall set out the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy

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sought, and shall not be subject to change at later steps except by mutual agreement with the Employer or in the case of remedy, by an Arbitration Board.

7.4 Any time limits in this grievance procedure may be extended by agreement in writing.

7.5 If advantage of the provisions of Article 7 and 8 hereof are not taken within the time limits specified herein, or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened.

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

STEP 1 - It is understood and agreed that an Employee does not have a grievance until he has discussed the situation with his Foreman or Superintendent and given him an opportunity to deal with the complaint. This shall be done within seven (7) calendar days of the date the incident occurred. The Employee may have his Steward or Business Representative present if he so desires when presenting his complaint or being reprimanded by Management.

STEP 2 - If the grievance is not settled within twenty-one (21) calendar days after Step 1 has been taken it shall be reduced to writing and be dealt with by Management of the Employer and the Union or their delegated representatives. If within fourteen (14) calendar days of the meeting between Management of the Employer and the Union, the grievance has not been resolved, the matter may be submitted for Arbitration by either party.

7. 7 The Employer or the Union may submit a written grievance at Step 2.

7.8 Any settlement agreed upon by both parties shall be binding upon the Employer, the Union and the Employee or Employees concerned.

ARTICLE 8 -ARBITRATION 8.1 Any grievance, including any question as to whether a matter is arbitrable submitted to

Arbitration shall be so submitted within twenty-one (21) calendar days after the completion of Step 2 in Article 7 .6.

8.2 The Board of Arbitration will be composed of one person appointed by the Employer, one person appointed by the Union and a third person to act as Chairman, chosen by the two members of the Board.

8.3 Within twenty-one (21) calendar days of the request by either party for a Board, each party shall notify the other of the name of its appointee.

8.4 Should the person chosen by the Employer to act on the Board and the person chosen by Union, fail to agree on a third member as Chairman within twenty-one (21) calendar days of the notification mentioned in 8.3 above, the Minister of Labour for the Province of Ontario will be asked to appoint a Chairman.

8.5 The decisions of the Board of Arbitration or a majority of such Board constituted in the above manner shall be binding on the employee, the Union and the Employer.

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8.6 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement.

8. 7 Each of the parties to this Agreement will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expense, if any, of the Chairman.

8.8 All hearings shall be held within the boundaries of the Town of Saugeen Shores.

8.9 The parties agree the Alternate Disputes Resolution method may be utilized rather than the formal Board of Arbitration as described in Article 8.2.

ARTICLE 9- DISCHARGE GRIEVANCE 9.1 In any case where an Employee claims to have a grievance alleging unjust discharge from

employment, such grievance shall commence at Step 2 of the grievance procedure provide for in Article 7 herein and the time limits mentioned therein shall apply. Failing settlement of such special grievance an employee may invoke the provisions of Article 8 herein respecting arbitration. In the case of a grievance alleging unjust discharge the Board of Arbitration shall not have jurisdiction to substitute a penalty imposed upon the Employee in respect of breach of the provisions of Article 4.3 herein.

ARTICLE 10- SENIORITY 1 0.1 Seniority is the principle of granting preference to Employees for promotions, lay-offs and

rehiring after lay-off and all other matters in accordance with length of employment, it being understood, however, that seniority shall not be in the governing factor in respect of promotions unless the ability, qualifications and skills of Employees applying for such positions or seeking such promotions are relatively equal. It is further understood that in the event of a lay-off, the Employer shall at all times be entitled to maintain a work force which is competent and capable of doing the work assigned to it.

10.2 The termination of a probationary Employee shall not be the subject of a grievance.

1 0.3 Seniority shall be on the following basis:

The names of those Employees having completed their probationary period shall be placed on the seniority list within thirty (30) days after the signing of the Agreement and the Employer shall prepare and post the seniority lists so that Employees may have the opportunity to dispute and settle any inaccuracies to such lists. Thirty (30) days after the publication of such lists, the seniority standing so established shall be recognized and shall not be challenged by the Employer, the Employees or the Union. Such list shall be revised and brought up to date every six (6) months and the Employer undertakes to supply such lists as they appear from time to time to the Union.

1 0.4 An Employee shall lose all seniority and be deemed to have quit in the event that: (a) he voluntarily quits the employ of the Employer;

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(b) fails to report to work within seven (7) days after being notified by the Employer following a lay-off; such notification to be by registered mail to the last address on record of the employ of the Employer;

(c) or fails to advise the Employer within three (3) consecutive days of his intention to report to work pursuant to such notification;

(d) he is absent from work for seven (7) consecutive working days without notifying the corporation unless a reason satisfactory to the Employer is given;

(e) is absent due to a lay-off or disability or both, which absence continues for more than twelve (12) months, except in Workmen's Compensation cases which shall be for the period of Compensation only; or if he utilizes a leave of absence for purposes other than those for which the leave of absence has been granted.

1 0.5 An Employee shall lose all seniority when he is discharged for cause and such discharge is not reversed through the grievance procedure.

10.6 It shall be the duty of the Employees to notify the Employer promptly of any change of address. If an Employee fails to give the Employer such notification, the Employer shall not be responsible for the failure of any and all notices to reach such Employee.

10.7 Job Posting: (a) When a vacancy occurs in any job within bargaining unit, notice of such vacancy

shall be posted for five (5) days on the bulletin board or boards provided on the premises for that purpose. The Employer shall promptly transmit to the Union, a copy of each notice of vacancy so posted. All notices of vacancy shall designate the job and rate of pay for such job. Any employee may apply in writing for such job within the time limit specified above. Such application shall be made in duplicate and one copy thereof shall be signed by the official of the Employer receiving same and shall be returned to the Employee. The Employer shall provide forms for such application. The Employer shall without delay after notice of such vacancy has been posted for five (5) days, post on the same bulletin board for at least two (2) working days, the name and length of service of the successful applicant, if any, for such job. If there are not applicants or successful applicants, the Employer will then be free to choose an Employee who did not apply for such job and who is willing to accept such job, or hire an outside employee to fill such vacancy.

The Employer will, upon receipt of written request, notify the unsuccessful vacancy applicants of the reason why they were not accepted.

(b) The Employer shall consider the following two factors in determining which applicant is to fill such vacancy: (i) The seniority ranking of the Employee affected. (ii) The ability of the individual to fulfil the normal requirements of the job.

The Employer reserves the right to temporarily fill any job vacancy immediately.

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ARTICLE 11 LAY-OFF ANY RECALLS 11.1 In all cases of lay-offs and demotions due to reduction in the working force (other than lay­

offs and demotion of a temporary nature, i.e. having a duration of fourteen (14) days or less or of an emergency nature) Employees shall be laid off or demoted in reverse order of their seniority ranking, provided: (a) That the Employer shall at all times be able to retain a workforce competent and

capable of performing the work necessary for the Employer to discharge its responsibilities to the public;

11.2 If an Employee on probation has been laid-off and then rehired within a period of one (1) year, he shall complete his probationary period after re-hire. If he is laid off for more than one (1) year, then he must complete a probationary period as per Article 1.3.

11.3 Employee's who have been laid off pursuant to the provisions of Article 11.1 herein, shall have the right of recall in the event that work becomes available in accordance with the provisions of Article 11.2. Notice of Recall shall be sent to the Employees by registered mail at their address of record with the Employer and it shall be the responsibility of the Employee to keep the Employer advised of his current address and the Employer shall not be liable for failure of notice pursuant to the terms of this Agreement to reach the Employee in the event that such Employee has not kept the Employer advised of his address.

11.4 A recalled Employee must advise the Employer within seven (7) days of the delivery of a Notice Recall to him, of his intention to return to work within seven (7) days a period of aforesaid, he shall be deemed to have quit. An Employee who had exercised his right of recall and indicated to the Employer that he intends to return to work, must report to work within fourteen (14) days of his advice to the Employer that he intends to exercise his right of recall.

ARTICLE 12 LEAVE OF ABSENCE 12.1 The Employer agrees to consider requests for leave of absence by an Employee for any

legitimate reason. Such requests must be submitted to the Employer by the Employee, in writing, at least five (5) working days in advance of the leave of absence.

12.2 The Employer will, on application by the Union given one month in advance, grant leave of absence to any Employee who may be selected to fill an office in or act in any capacity for the Union.

12.3 Such granted leaves of absence shall be without pay or benefit, but shall cause no loss of any Employees' seniority rights.

ARTICLE 13- HOURS OF WORK, OVERTIME & OTHER WORKING CONDITIONS

13.1 The normal workweek shall consist of 8 hours per day with a start time of 6:00 a.m. for Front-end, 8:00 a.m. for Recycling, 8:00a.m. for Waste Collection and 8:00a.m. for plant, Monday to Friday inclusive. The starting time may be varied up to one hour upon

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agreement between the Union, the Union Steward and the Employer. Such agreement shall not be umeasonably withheld. Any additional shifts which are added outside of the normal working hours will contain seventy-five cents ($0.75) per hour shift premium.

13.2 Nothing in this Article shall be construed to be guarantee of or limitation upon the hours of work to be done per day or per week or otherwise, nor as a guarantee of working schedules. Before any change is made in starting or stopping times or when new shifts are established, the Employer will give five (5) working days notice to the Union.

13.3 Employees will be granted on half (1/2) hour meal period at the midway point of the Employees shift, or as near to the midway point as is practical, and in accordance with the Employment Standards Act.

13.4 Overtime shall be offered on the basis of seniority to the Employees within the classification.

13.5 Time worked by an Employee in excess of nine (9) hours per day or forty ( 40) hours per week, Monday through Friday, shall be considered overtime. On weeks that are shortened due to Statutory holidays or floating holidays being taken, overtime will be calculated after 8 hours per day.

13.6 An Employee shall be paid for overtime worked at one and one-half (1 Yz) time his/her regular straight time rate on Monday to Friday inclusive.

13.7 All work performed on Saturday and Sunday will be paid for at one and one-half (1 Yz) times the Employee's regular rate of pay.

13.8 All work performed on Statutory Holidays will be paid for at one and one-half (1 Vz) times the Employee's regular rate of pay in accordance with the Employment Standards Act.

13.9 An Employee who reports for work, unless directed not to report the previous day by his Employer, shall receive a minimum of four ( 4) hours pay at the applicable rate when he reports for work. An additional four (4) hours pay at the applicable rate shall be paid to all drivers irregardless of permanent or part-time status and all full-time plant personnel if he/she is requested to work for any part of the second half of the same shift.

13.1 OThe Employer reserves the right to temporarily fill any position as needed, due to sickness or holidays, provided that all regular, qualified full and part-time Employees are not available.

ARTICLE 14- STATUTORY HOLIDAYS 14.1 The following Statutory Holidays shall be observed:

New Years Day Family Day Good Friday Canada Day Labour Day Thanksgiving Day Boxing Day

Victoria Day Christmas Day

14.2 All Employees with more than three (3) months accumulated service shall receive a standard basic days pay for the foregoing recognized holidays provided that they report for

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work on the regularly scheduled shift preceding and following the holiday, in accordance with the 1998 Employment Standards Act.

14.3 The company shall continue the current practice of collecting on statutory holidays as is required with waste collection. Christmas Day, New Years Day, and Good Friday are exceptions and cannot be worked.

14.4 All "permanent" Employees will be granted three (3) floater holidays per year to be taken upon the approval of the Employee's Supervisor and shall not affect work scheduling. For clarification, one of these three days is in lieu of Canada Day and a znd floating holiday is in lieu of the Civic holiday.

ARTICLE 15- VACATIONS 15.1 The vacation year commences January 1 and ends December 31. The first years, or part of

the first year's vacation entitlement will be calculated on 4% of the time worked during the first year.

15.2 After one year of employment has been completed, vacation entitlement for "permanent" Employees shall be as follows:

(i) On completion of one (1) year and less than five (5) years of service, permanent full-time Employees will be granted two (2) weeks paid vacation based on six percent (6%) of the previous year's gross yearly pay.

(ii) On completion of five (5) years and less than ten (10) years of service, permanent full-time Employees will be granted three (3) weeks paid vacation based on six percent (6%) of the previous year's gross yearly pay.

(iii) On completion of ten (10) years of service, permanent full-time Employees shall be granted five (5) weeks paid vacation based on ten percent (10%) of the previous year's gross yearly pay.

ARTICLE 16- PENSIONS 16.1 As a condition of employment, all full-time Employees shall participate in the Ontario

Municipal Employees Retirement Plan (OMERS). The Employer agrees to pay 50% of the cost of (OMERS).

ARTICLE 17- SICK AND BEREAVEMENT LEAVE 17.1 A "permanent" Employee shall be granted a maximum of three (3) working days leave of

absence with pay for time lost from work as a result of attending or making arrangements for the funeral of a family member. A family member is a spouse, parent, child, mother-in­law, father-in-law, brother or sister.

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An Employee who has attained seniority will be granted one (1) day leave of absence with pay for time lost from work for the purpose of attending the funeral in the event of the death of the brother-in-law, sister-in-law, or grandparent.

In any event, the Employee shall not be entitled to receive any pay hereunder as to any day upon which he would not otherwise have been scheduled to work for the Company.

ARTICLE 18 - EXTENDED HEALTH CARE & OTHER BENEFITS As per the attached package. Amended to include eighty dollars ($80.00) ear examination one time during agreement. Amend to include Hepatitis B shot for "permanent full-time Employees."

Vision Care Vision care will pay three hundred dollars ($300.00) every two years.

Dental Maximum Dental 100% basic and 50% major restorative services to a combined total reimbursement of two thousand ($2,000.00) dollars per calendar year. The Employer agrees to keep the benefit plan current during the duration of this Agreement.

ARTICLE 19 CLOTHING ALLOWANCE Employees may choose work colours or safety colours for their uniforms; mixing to accommodate equal value currently exists.

19.1 The Employer agrees to pay the full cost of the following, for "permanent" Employees, per calendar year and as per such employee's size: (i) One (1) pair of regular coveralls (ii) One (1) pair of work pants (iii) Two (2) work shirts, short or long sleeve

19.2 The Employer agrees to supply all "permanent" Employees with one (1) pair of winter insulated coveralls.

19.3 All other Employees will be supplied with one (1) pair of regular coveralls.

19.4 All "permanent" Employees will be supplied with one (1) rain suit per calendar year as per such Employee's size.

19.5 The Employer agrees to supply leather, cotton or rubber work gloves to all Employees as required. A new pair will be issued to the Employee upon receipt of a worn out pair.

19.6 The Employer agrees to supply a safety hat as required.

19.7 Employees must sign and be responsible for any clothing received.

19.8 The Employer agrees to provide "permanent" Employees with a safety boot allowance of up to two hundred fifty dollars ($250.00) per calendar year, upon the submission of receipts from Employees. All work boots shall be C.S.A. approved safety boots.

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ARTICLE 20- SAFETY, SANITATION AND REST 20.1 The Employer and all Employees shall comply with the guidelines as set out in the Ontario

Occupational Health and Safety Act and Regulations for Industrial Establishments and any other safety policies set by the Employer.

20.2 In conjunction with Article 19, the Employer agrees to supply as required: (i) Two (2) summer safety t-shirts per Employee and safety vest (ii) Safety glasses and hearing protection (iii) Sunscreen and sanitizer dispenser at facility

20.3 All Employees shall be granted a paid fifteen (15) minute rest period during each half of each shift as near to the midpoint of the half shift as possible.

ARTICLE 21 -WAGES AND CLASSIFICATIONS 21.1 Classifications and wage rates will be as follows:

Amend to increase the following Classifications; Level IV-Lead Hand; Level III-Operator Drivers and Compactor Drivers; Level1-Probationary Driver by the following amounts;

May 1, 2013 - 1.5 % based on Level III wage rate May 1, 2014- 2.5% based on Level III wage rate May 1, 2015 - 3% based on Level III wage rate

LEVEL IV Effective Date Rate of Pay Lead Hand May 1, 2013 $21.55

May 1, 2014 $22.06 May 1, 2015 $22.69

LEVEL III Effective Date Rate of Pay Operator Drivers & May 1, 2013 $20.25 Compactor Drivers May 1, 2014 $20.76

May 1, 2015 $21.38

LEVEL II Effective Date Rate of Pay Plant Operators May 1, 2013 $15.57

May 1, 2014 $15.57 May 1, 2015 $15.57

LEVELl Effective Date Rate of Pay Probationary Drivers May 1, 2013 $17.54

May 1, 2014 $18.05 May 1, 2015 $18.68

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LEVEL I Effective Date Rate of Pay Probationary Plant May 1, 2013 $12.71

May 1, 2014 $12.71 May 1, 2015 $12.71 ..

Lower rated Employees working m a higher classification shall receive the higher rate of pay only when authorized to be in the higher classification by the Manager. Employees utilizing a pickup truck, or a truck not requiring a DZ license or trailer, utilized for work that does not require curb­side material sorting or on a designated route, will be paid at a Level II rate.

21.2 Employees shall be paid bi-weekly.

21.3 In accordance with the Employment Standards Act, a statement of wages will be provided bi-weekly, showing total gross earnings, the amount of each deduction, the purpose thereof and the net earnings.

21.4 Any classification of Employee not appearing and added during the life of this Agreement shall be pro-rated from Level III to its proper level by negotiations between the Employer and the Union.

21.5 A one-time payment of four hundred dollars ($400.00) shall be made to all voting members for the successful resolution of the agreement.

ARTICLE 22- DURATION OF AGREEMENT This Agreement shall become effective on the 1st day of May, 2013 and shall continue in effect until the 30th day of April 2016 and shall remain in force and effect from year to year thereafter unless either party shall furnish the other with notice of termination or proposed revision of this Agreement within ninety (90) days before the 30th day of April, 2016 or in a like period in any year hereafter.

Where a particular clause, Article of provision contained within this Agreement works a hardship on either party during the life of this Agreement, the parties shall meet and may amend, add or delete such clause, Article or provision and such agreement will form part of this Agreement commencing from the effective date.

Dated this ~~ day of_....:..t\-+-'~'--~+----' 2013. I

BRUCE AREA SOLID WASTE RECYCLING

'Signature'

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

Mich~r~r

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RBi Address

~ornF.~ ND'<4 2.\_D City, Province, Postal Code

Telephone and Fax Number(s)

:S\C\-"lcrl- 5412...

Email Address

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R"~ rc err, rce- resr ent

Recommended by: Curti's Hynds Business Representative

BASWRA2013