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COLLECTIVE AGREEMENT

Between:

SHOP & TRUCKERS (CONSTRUCTION DEPARTMENT) OF KING PAVING & MATERIALS COMPANY,

Division ofKPM Industries Ltd.

- aud-

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the

International Brotherhood of Teamsters

January 1'\ 2000- December 31'\ 2002

CHANGE OF ADDRESS

Dear Brothers/Sisters:

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

If your dues receipt reads BAD ADDRESS, or the address on the receipt is incorrect, please let us know by either mailing in a correct address to TEAMSTERS LOCAL NO. 879, 460 Parkdale Avenue N., Hamilton, Ontario, L8H 5Y2 or by calling the Hamilton office at:

(905) 547-3231 or 1-800-528-8879

Your assistance in this matter would be appreciated.

ATTENTION TEAMSTERS LOCAL 879 MEMBERS

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

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

"Steps to Follow in Case of Injury"

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

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

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

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

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

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

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

UNION DUES RECEIPTS

Please be advised that receipts for Union dues are sent to your Steward, generally the Chief Steward.

If you have not received your dues receipt, check with your Steward.

Should you have any questions in this regard, contact the dues department in the Teamsters 879 Hamilton office at 547-3231 or 1-800-528-8879.

MEMBER'S REMINDER

APPLICATION FOR WITHDRAWAL

Application for a withdrawal card must be filed with the Union office within ten(10) days by the member who has been laid-off, terminated or is discharged from the Company, including sickness, accident or leave-of-absence.

THIS IS THE SOLE RESPONSIBILITY OF THE MEMBER.

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

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

Applications for Withdrawal are to be sent to:

TEAMSTERS LOCAL UNION NO. 879 460 Parkdale Ave. N.

Hamilton, Ontario L8H 5Y2

Article

1 2 3 4 5

6 7 8 9

10

11

12 13 14 15

16 17 18 19 20

21 22 23 24

INDEX

Page

Intent & Purpose . . .. . . . . . . . .. . . . . ... . ..... .... 1 Recognition .. .. .. .. .. ...... .... ...... .. .. .. .... . 2 Discrimination .. .. .... .. .. .. .. .... .. .... .... .. . 5 Steward.......................................... 6 Grievance Procedure & Arbitration .. .. .. 7

Seniority ....... .............................. ... 10 Strikes and Loclmuts .. .. .. .. .. .... .. ...... ... 12 Equipment . .. .. .. ...... .... .. .... .. .... .. .. .. ... 13 Bulletin Boards .. .............................. 14 Medical Examinations ........................ 14

Extra Contract Agreements/Working Conditions .. .. ... .. .. .. .... .. .... .. .... .. .... ... 15 Work Preference.............................. 17 Wages & Existing Privileges .. .. .. .. .. .. .. .. 17 Honrs of Work & Work Week............. 20 Travel Allowance .............................. 21

Reporting Time .. .. .. .. .. .... .. .... .. .... .. .... 21 Inclement Weather ............................ 22 Vacations with Pay ............................ 22 Paid Holidays .. .. .... .... .. .. .. .. .. .. .. .. .. . .... 23 Welfare Plan .................................... 24

Bereavement .. .. . .. .. .. .. .... ...... .. .. .. ... .. .. 27 Jnry Duty ........................................ 28 Pension Plan .. .. . ... ... .. .. .. .. ...... .... .. .. .. . 28 Duration of Agreement . .. .. .. .... .. .... .. . ... 29

SCHEDULE "A' Rules & Regulations ................. · .......... 31

1 I

AGREEMENT effective the first day of January 2000.

Between:

SHOP & TRUCKERS (CONSTRUCTION DEPARTMENT) OF KING PAVING & MATERIALS COMPANY,

Division of KPM Industries Ltd.

-and-

hereinafter referred to as the "Company"

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the

1'

h1temational Brotherhood of Teamsters

hereinafter referred to as the "Union"

ARTICLE I

1.1 The Company and the Union each agree that ti1e purpose and the intent of tius Agreement is to promote co-operation and harmony, to recognize mutual interest, to provide a challllel through which information and problems may be transmitted from one to the other, to formulate niles to govern the relationship between tile Union and the Company, to promote efficiency and service and set forth herein the basic agreement controlling rates of pay, hours of work, dispute procedure, and conditions of employment.

1.2 There shall be no effort by either signatory to m1smterpret, read into, or delete from any of the provisions oftlus Agreement.

2

1.3 Therefore, this Agreement, between the Union and the Company signed by the accredited officials of both patties has been mutnally agreed upon and the tenus as laid out shall be carried out in letter and spirit by both parties. This Agreement covers two distinct 1m its for which lhe Union has been certified as bargaining agent by the Ontario Labour Relations Board. Each mrit is described under Article 2, entitled Recognition.

ARTICLE 2- RECOGNITION

2.1 The Compatly recognizes the Union as the exclusive bargaining agent for all its employees as defined below.

2.2

2.3

(a)

Unit One (1)

The tenn "employees" shall mean Maintenance men, Mechanics, Welders, Helpers, yardmen, (service and tow truck drivers as required) based at the working in and out of the Company's yard and projects of the Construction Department in Halton, Wentworth, Peel, Lincoln, Weiland, Haldimand Cmmties and Metmpolitatl Toronto. The fi.wl and parts truck during the winter period (December 1 to April 30) may be operated by employees of Unit One (1). The compatly agrees that employees will not be laid off work due to tl1e contracting out of work usually done by the bargaining mrit.

Unit Two (2)

The term "employees" means truck drivers, employed to operator tractor trailers, floats, tandems, fi.1el tmck, single and tri-axle dmnp trucks of King Paving & Materials company Construction Department for tlte purpose of hauling bulk materials to a11dlor from tlte construction projects of tlte Construction Department

(b)

(c)

(d)

2.4

2.5

3

of King Paving & Materials compatly in Halton, Wentworth, Peel, Lincoht, Weiland, Haldimand Counties attd Metropolitan Toronto, to which tlte employees and equipment are normally assigned and the equipment is suitable to do tlte work being performed.

If the equipment to which the employees are nonnally assigned is trattsferred to Constmction Department projects outside the meas of Halton, Wentworth, Peel, Lincoln, Weiland, Haldimand Cmmties and Metropolitan Toronto, the employees shall be given tl1e opportmrity to transfer to such projects and will be subject to all provisions of this Agreement for the duration of the transfer. Where present employees ref·use to trrutsfer, other people may be hired attd will not be subject to tlte terms of this Agreement.

Employees attd equipment as described in Unit Two (2) above, shall not be shifted from one project to another for less tlmn one-half (Yz) day's work and providing the travel time to that work will not exceed one (1) hour.

No bargaining mrit employees will be sent home al1ead of a part-time employee or a Driver Service employee, until tlmt bargaining unit employee has had ten (10) hours worked that day.

The Company agrees that employees in the bargaining mrit~ mentioned herein shall not be laid off work or lose any regular hours of work while hired trucks are being; used to perfonn tl1e available work.

It is agreed that all Union members as of tl1e signing of tlris Agreement shall maintain their Utrionmembership in good stat1ding for the duration of the contract as a condition of employment.

'I

4

2.6

2.7

2.8

All employees of King Paving & Materials Company Constmction Department engaged in other Company projects may be traosferred during the winter months to work in the Company's Shop as long as such transfer does not displace members of the bargaining 1mit as described in section 2.2 hereof. Those who bel~ng to other Unions will continue to pay dues to these Unions and those who are foremen on Summer crews and work in the shops, will pay dues to 'Teamsters Local Union No. 879" during the Winter months while they are employed in the shops, but these men will not be required to pay an initiation fee or be obliged to join 'Teamsters Local Union No. 879". It is understood that maintenance personnel in tl1e bmgaining milt shall not be laid off when maintenance work is available away from tl1e yard. The past practice of the Company transferring members of tl1e bargaining milt to perform snch work shall prevail.

New employees shall make application for membership in the Union at tl1e time of hiring, m1d shall become and remain members of tl1e Union in good staoding as a condition of employment as soon as their probationary period has been served. A member in good staoding shall be defined for tl1e purpose of this Agreement to be an employee who falls under the terms of this Agreement and whose Union initiation fee and Union dues are not in mrears. Driver Pool services will not be used to replace bargaining unit positions on a permm1ent basis. The Compm1y may use Driver Pool services on a temporary basis up to tlllrty (30) calendar days.

The Company agrees to deduct regular monthly dues from tl1e first pay cheque due each eligible employee in each month m1d remit the monies so deducted to the Union on or before ilie 20'• day of the month. Additionally tl1e Company, upon proper. autl10rization, shall deduct m1y initiation fee due.

2.9

2.10

2.11

2.12

2.13

5

The Urrion will supply the Company with application for Union membership, regular monthly dues deduction, m1d initiation fee deduction autlwrization forms which shall be signed by new employees on the day on which the new employee is hired. All completed copies of application for membership fonns shall be returned to tl1e Union m1d shall serve as notification of commencement of employment. Upon termination of employment of an employee the Compm1y shall notify the Union in writing of such termination at the time of the monthly dues remittm1ce is forwarded to the Union.

Eligible employees are those for whom the Union has supplied the Employer with dues deduction autl1orizations. The amount of such dues will be established in accordm1ce with the constitution or By­Laws of the Local Union, m1d tl1e Company shall be officially notified oftl1e ammmt of such dues.

The Employer will, at the time of making each remittm1ce to the Union, specify tl1e employees from whose pay such deductions were made. S.I.N. to be shown on remittm1ce.

If m1 emplo,yee is absent because of sickness or holidays m1d has not sufficient pay to his credit, Iris Union dues shall accumulate m1d shall be deducted upon his retum to work. Any other arrears will be deducted upon notification in writing of such arrears from the Union.

The Compm1y will print the yearly Ur:llon dues deductions on tl1e employees' T4 slips.

ARTICLE 3 - DISCRIMINATION

3.1 No person shall be refi.tsed employment or m m1y mam1er be discriminated against or coerced, restran1ed or influenced, on accmmt of membership or non­membership in any labour orgmrization.

--'11 !

' I I

I !

~ II ·I

II

I

:I

6

ARTICLE4- STEWARD

4.1

4.2

4.3

4.4

4.5

The Union shall inform the Company in writing of the names of the Stewards and of any subsequent changes in the names of the Stewards. The Company shall not be asked to recognize any Steward until such notification from the Union has been received.

Providing it is consistent with management's obligation to main an efficient working force, in the event of a shortage of work that necessitates a lay-off, the Steward shall be retained in the work force and shall be the last man laid-off in his classification, m1d the first man recalled in his classification providing he is qualified to perform the available work.

It shall be the Steward's duty to process grievances as outlined in Article 5 of this Agreement. The Steward's duty shall in no way conflict with his duties to his Employer and he shall be held responsible for the smne qum1tity and quality of work as other employees. The Compm1y will compensate the Steward at his regular rate of pay for all regular hours spent in processing grievances in Step 2 of the grievance procedure.

Should there be any cause to discharge a Steward, the Employer shall in every case notify the Local Union in writing so that the Local Union is in receipt of such notification before such discipline or discharge. However, the Company reserves the right to insist timt a Steward leave ti1e premises.

Upon request made to the Employer or his designated representative, m1 accredited Union official will be granted access to ti1e Employer's premises for ti1e purpose of satisfying himself that the terms of ti1is Agreement are being complied with.

7

ARTICLE 5- GRIEVANCEPROCEDURE&ARBITRATION

5.1

5.2

5.3

The Union shall have ti1e right to appoint or elect a reasonable number of Stewards in each unit to assist employees in presenting ti1eir grievance to ti1e Employer, m1d supervise tile administration of ti1is Agreement.

Any differences, disputes or complaints ansmg over the interpretations or application of this Agreement shall be submitted in writing in triplicate on fonns supplied by ti1e Union m1d signed by the employee. There shall be m1 eamest effort on tile part of boti1 parties to .settle such grievances promptly through ti1e following steps:

Step 1 - By a conference between the aggrieved employee m1d his inm1ediate supervisor. The employee may be accompanied by his Steward. The foreman shall give Iris decision within two (2) :Iilli working days.

Failing settlement, then

Step 2 - Within five (5) full working days following the decision in Step 1, the Steward m1d the griever shall meet with the Equipment Manager, at which time a written record of the grievm1ce shall be presented. The Equipment Manager shall give his decision in writing witi1in two (2) fhll working days.

Failing settlement, then

Step 3 - Witlrin ten (10) full working days following the decision in Step 2, m1 official or officials of ti1e Union shall meet with representatives of the Employer. The decision shall be given in writing within five (5) fhll working days following this meeting.

Failing a settlement under Step 3 of any difference between the parties arising from ti1e interpretation,

I I

I !

8

5.4

5.5

5.6

5.7

administration, or alleged violation of tlris Agreement, including any question as to whether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if no written request for arbitration is received within ten (1 0) full working days after tlte decision in Step 3 is given, it shall be deemed to have been abandoned.

No complaint or grievance may be subnritted or considered under the grievance procedure unless it has been presented witlrin five (5) working days from the time of its occurrence.

(a) Any grievance concerning a suspension of an en1ployee shall be originated under Step 2.

(b) An)" grievaltce conceming a discharge of all employee shall be originated mtder Step 3.

(c) Any complaint or grievaltce conceming or affecting a group of employees shall be originated under step 3.

Any complaint or grievance arising directly between tlte Employer and tlte Union shall be originated under Step 3.

A claim by an employee that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged with tlte Employer within five (5) working days after the discharge is effected. Such special grievmtce may be settled under the dispute procedure by:

(a) confuming the Employer's action m dismissing the employee;

(b)

(c)

reinstating tlte employee compensation for time lost; or

with fi.lll

by any otlter arraltgement which may be deemed just altd equitable.

5.8

5.9

5.10

5.11

5.12

5.13

9

When either party requests that a dispute be submitted to arbitration as hereinbefore provided, it shall notify the other party in writing by registered mail, and at the same time nominate an arbitrator. Within five (5) fi.lll working days after receipt of such notification, tlte other party shall nominate an arbitrator, and failing to do so, the notifying party shall have tlte right to request tl1e Minister of Labour of the Province of Ontario to appoint such nominee. The two arbitrators so nominated shall attempt to select, by agreement, a Chaitman of the Arbitration Board. If they al·e unable to agree upon a Chainnan within a period of five (5) fi.ill working days following the date of tlteir appointment, they will tl1en request tl1e Minister of Labour for the Province of Ontario to appoint a Chainnal{

No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle tl1e gnevance.

No matter may be submitted to arbitration which has not been properly carried tlrrough tl1e proper steps of the grievallceyrocedure.

The Arbitration Board shall not be autl10rized to make allY decision inconsistent with tl1e provisions of this Agreement, nor to alter, modify, or amend any part of tlris Agreement.

The proceedings of tl1e Arbitration Board will be expedited by the pmi:ies hereto, and the decision of the majority of such Board will be final and binding upon the parties hereto and tl1e employees concerned. .

Each of the palties hereto will bear the expenses of the Arbitrator appointed by it, and the patties will jointly bear tl1e expenses of tl1e Chairman of the Arbitration Board.

II

10

ARTICLE 6 - SENIORITY

6.1

6.2

6_3

6.5

6.6

Separate and distinct seniority lists will be prepared for each of the Units referred to m Article 2 of tlus Agreement. These lists will govem the application of the seniority provisions set forth hereunder.

The purpose of seniority regulations is to provide a policy goveming lay-offs and rehiring. h1lhe event of a reduction of the working force, the Company shall apply the principle of '1ast on; first off:, insofar a_s it is consistent with management s obl!gatlon to mamtam an efficient working force as set out in Article 6.3. Following a lay-off, rehiring shall be executed conversely to the outlined lay-off procedure.

Ju all lay-offs the Company shall consider seniority, qualifications, and where the qualifications are relatively equal, the employee's seniority shall be the determining factor.

Employees shall be considered probationary m1til placed on the seniority list After forty-five ( 45) calendar days from the date of employment, the employees shall be placed on the seniority list, dated according to the date of his employment. If because of sickness or accident, the employee is off work after having been placed on the seniority list, for_ purposes of seniority rating, he shall be listed accordmg to Ins date of employment.

Those promoted to supervisory posrtwns, _or tho~e positions not subject to this Agre~ment, wrll retam their seniority after promotiOn and, rf demoted for any reason or if they volm1tarily request reinstatement to their fanner position in the bargaining unit within a twelve (12) month period, the time served it: the supervisory position shall be included in therr semonty ratit1g. Such employees shall forfert al:Y and all recourse to the grieva11ce procedure as outlmed m the

6.7

6.8

11

Agreement should they be subsequently discharged in such a position beyond the jurisdiction of tlris Agreement If all employee is promoted to a supervisory position and such supervisory position is subsequently abolished, such all employee may revert to tl1e bargaining rmit with the seniority he had at tl1e time of transfer to the supervisory job plus tl1e time spent on such job. -

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

(a) if he voluntarily quits.

(b) if he is discharged for cause alld not reinstated through the grievance procedure.

(c) if he fails to report for duty after a lay-off unless he fumishes a reason acceptable to the Company, or if eighteen (18) months have elapsed from the date of Iris lay-off. When calling a11 employee after a lay-off, he shall be notified by registered mail and allowed seven (7) days to report to work Such an employee may not grieve as to work assigned prior to Iris reporting for work

(d) failure to report for work on tl1e next scheduled day following the expiration of a leave of absence unless he funrishes a reason acceptable to the Company.

Leaves of Absence no to exceed two (2) weeks may be grallted by the Company. Leaves of absence in excess of two (2) weeks will not be granted except for compelling reasons and only upon written request to tl1e Company with a copy to tile Union. Should an employee accept other employment while on leave of absence (except by mutual agreement), he shall be terminated. Employees who are granted leave of absence from one date to another shall not exercise their se1riority until such leave is expended.

12

6.9

Any employee will be granted a leave of absence of np to fifteen (15) years to work in the capacity of a business representative of the Union.

Job vacancies shall be posted for three (3) working days. In considering applications for such vacancies the Company shall consider seniority and qualifications and where qualifications are relatively equal the employee's seniority shall be the determining factor. Employees of Units Number 1 and Number 2 shall be eligible to bid on vacancies. The successfill bidder who qualifies shall be placed on the job within three (3) working days of the posted bid. The foregoing shall also apply to outside project work where a fi.11l-time mechanic is required. If such work is intenuittent such individual will retum to the shop. Employees absent because of holidays, sickness or accident will be allowed to bid on retum to work.

ARTICLE 7- STRIKES AND LOCKOUTS

7.1

7.2

7.3

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

The words "strike" and "lockout" in the Agreement shall mean "strike" m1d "lockout" as defined in the Onta.rio Labour Relations Act.

The Company will not require its employees to cross m1y picket line that has been established in accordm1ce with the provisions of the Ontario Labour Relatiqns Act m1d the company has been advised by telegrmu

· from the Hmuilton Office of Local 879 that such picket line has been established.

13

ARTICLE 8 - EQUIPMENT

8.1

8.2

8.3

8.4

8.5

8.6

It is to the mutual advantage of both the Compm1y and the employee that employees should not operate vehicles which are not in a safe operating condition m1d not equipped wit\1 the safety appliances required by law. It shall be the duty of employees to report promptly in writing to the Compm1y all defects in equipment. It shall be the duty of tl1e Compmy to maintain all vehicles in safe operating condition in accordance witl1 Provincial regulations. The maintenance of equipment in sound operating condition is not only a function but a responsibility of the Company.

It is agretd between the Company and tl1e Union, having regard for safety and drivers' health factor that all units covered by this Agreement shall have adequate heaters, windshield wipers, windshield washers, and defrosters installed.

The Company shall not compel any driver to operate a vehicle in excess of the legal load lin1its.

It is mutually,agreed that a fonn shall be supplied tl1e driver on which to report defects in equipment with sufficient copies so tl1at one cm1 be available for tl1e driver so tlmt tl1e office of the Compm1y will have a copy of tl1is report on file. When such form is given to tl1e office tl1e driver will pick up an "Under Repair Tag" and place it on tl1e tmck, such tag to be removed by the mechm1ic when ilie equipment is repaired.

Employees shall repmt immediately, in complete detail, all accidents, including the names and addresses of all witnesses to the accident.

No driver shall be permitted to allow anyone except employees of the Compm1y who are mi duty or other truck drivers broken down on the highway to ride on

f------

14

8.7

his tmck except by written authorization of the Employer.

Employees shall repmt irrunediately to the Employer all loss, damage, or shortage of merchalldise or equipment, together with written statement of the cause thereof.

ARTICLE 9- BULLETIN BOARDS

9. I The Compally agrees to permit posting of a11y notice of Union meetings or fi.mctions on a bulletin board conspicuously placed and provided for that pmpose. The Union agrees to submit such notices to management before posting.

ARTICLE 10- MEDICAL EXAMINATIONS

10.1

10.2

Any medical examination requested by the Employer shall be promptly complied with by all employees; provided, however, that the Employer pay for all such examinations. The Company reserves tl1e right to select their own medical examiner or physiciall alld the Union may, if in tl1eir opinion they think an injustice has been done an employee, have said employee re­exmnined at tl1e Union's expense.

When a medical exalnination is required by the ConJpany or by government legislation, the following conditions shall apply:

(a) If all employee talces a medical examination during his normal working hours, he shall be . paid for tl1e time involved, alld tlms not lose allY pay as a result of his taking a medical exalnination.

(b) If tl1e medical examination is talcen after working hours, the employee shall not be paid

• • • • • • •

(c)

15

for the time involved, but shall in such cases, receive at least three (3) days notice, prior to the appointment with the doctor.

h1 all cases, employees shall be supplied a copy of the medical repmt.

(d) An employee who takes a medical exalnination requested by government legislation, during his normal working hours shall be paid for the time involved up to a maximum oftwo (2) hours.

ARTICLE 11 -EXTRA CONTRACT AGREEMENTS WORKING CONDITIONS

11.1 It is agreed that neither pmty to this Agreement shall enter into any agreement or contract with the employees which conflicts with the tenus alld provisions of this Agreement.

11.2

11.3

When new types of equipment or classifications for which rates of pay are not established by tl1is Agreement are put into use, rates governing such operations shall be subject to negotiations between the pmties. In the event of failure to reach agreement on such rates, tl1e question shall be referred to Arbitration m1d a Board of Arbitration shall be established witl1in tlri1ty (30) days of the date of failure to reach such agreement and the rate as determined shall be applied tlrirty.-one (31) days after tl1e equipment is put into use or as of a date agreed upon by the pmties in negotiations. When making Iris awal·d, the Arbitrator shall take into accmmt only tl1e rates in this Agreement.

The Company agrees to provide exhaust fm1s and hose with enough vents to clear fi.nnes from tl1e garage.

16

11.4

11.5

11.6

Employees shall be entitled to a fifteen (15) minute break in the forenoon and aftemoon at a reasonable time given by authority, however, truck drivers shall not stop for same while trucks are loaded unless on a job site where coffee breaks are being taken at the time. Tmck drivers will be allowed to stop when trucks are unloaded if permission has been granted by the tmck foreman or dispatcher. More than two (2) trucks stopped at tl1e same establisl1111ent will be a violation of this Agreement, except when otl1er arrangements have been made between the Company and the Union. Employees will be penalized for any violation of tllis clause under Rnles and Regulations -Driving Behaviour H- page 35.

The Stewards and Business Representative of the Union shall assist in eliminating abuses of tl1e aforementioned should such occur.

Company mles and regulations, governing the conduct of the employees, as outlined in attached Schedule A will be observed by all employees, violation of whicl~ will be cause · for discipline or discharge. The Company reserves tl1e right to make new niles, mnend and/or alter p~esent mles, said changes to be forthwitl1 communicated to ilie Union and Stewards in order that tl1e Union may have the opportunity to protest if it believes that such nile or regulation is inconsistent witl1 the provisions of this Agreement. Nothing in ilie foregoing shall preclude tl1e right of the Union to process such protest tlrrough tl1e grievmlCe procedure.

Lunch period shall be talcen at a time designated by tl1e Compm1y between 11:30 a.m. to 1:30 p.m miless m1 emergency interferes, in which event tl1e lunch perio·d will be given as soon as possible tl1ereafter. Where possible operators will be instmcted to load Compmy tmcks on a continuous basis, enabling drivers to work tlliough a lunch break. ·

Ill

• • I • • •'

.

17

II. 7 When tl1e company requires employees to take courses to increase tl1eir knowledge tl1e employees will be paid for time lost if course is talc en during working hours.

11.8 Wl1en hiring trucks the Compmy will give preference to other companies with contractual relations witl1 ilie Temnsters Union provided they have suitable equipment available.

ARTICLE 12 -WORK PREFERENCE

12.1 Being consistent witl1 provisions of Article 6 senior employees shall be given first opportunity to ~erform reg1ilar work available during normal five (5) day operation.

12.2 Allocation of ovettime within a classification shall be distributed as equally as possible muong iliose employees who normally perform the available work eitl1er day shift or night shift. Satmday overtime will be considered day shift. This clause is only applicable to employees in Unit I.

12.3 Employees within their classification will rotate shift work in accordance with requirements mld past Company policy. Shifts will not be chm1ged in mid­week except in emergencies.

ARTICLE 13 - WAGES AND EXISTING PRIVILEGES

13.1

13.2

Tlris Agreement will in 110 way be constmed to effect a redtwtion of wages or existing privileges of tl1e employees.

It is agreed that all employees shall be paid according to tl1e following schedule:

·--18

CLASSIFICATIONS

*Heavy Duty Mechanic

*Truck Mechanic

Welders

Helpers (Mechanic & Welder)

Yardmen mrd Washers

Tractor Trailer & Float Drivers Float Driver (qualified to load & unload equipment)

Truck Driver (tandem, fuel tri-axle and service)

Stockroom Attendmrt

Pmts Tmck Operator

*all mechanics must be licensed.

Jan 1/00 Jan 1/01 Jan 1/02

$21.96

$21.96

$21.96

$21.37

$20.97

$20.83 $21.68

$20.70

$19.74

$1510

$22.26

$22.26

$22.26

$21.67

$21.27

$21.13 $21.98

$21.00

$20 04

$15.40

$22.76

$22 76

$22.76

$22.17

$21.77

$21.63 $22.48

$21.50

$20.54

$15.90

Mechanical Leadman, when assigned as such will receive seventy­five (75) cents per hour over his regularly classified rate.

13.3 An apprentice working in the operation of the Company shall not effect the seniority of any other employee working in the classifications set out in the Agreement in the event of a lay-off. The Company shall not employ apprentices on any other basis than one (I) apprentice to six (6) licensed mechmrics. The rate of pay for apprentices shall be according to the Department of Labour Apprenticeship Act for the first tirree (3) year period. After the tirird yem· of employment tire apprentice shall not receive less thmr the rate of pay for tire Mechanic Helper established in tire Agreement.

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• .. Ill .. .. .. -• •

13.4

13.5

13.6

13.7

13.8

13.9

1310

13.11

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The stmti:ng rate shall be te:n (1 0) cents per hour less tiran tire classification rate 111 each case for a probationary period of forty-five (45) calendar days.

Employees temporarily assigned to higher rated jobs shall receive tire higher rate while occupying such jobs.

Employees temporarily assigned to lower rated jobs shall not have their rate reduced for a period of one (I) week, thereafter tirey shall receive ti1e rate of the job to which assigned unless work on their regular job is available to them.

Effective Jmmary 1'', 2000, a shift premium of one dollar ($1.00) per hour shall be added to the payment of hours worked by an employee while he is assigned to any shift cmmrrencing 12:00 p.lll. noon or after.

The Company agrees to pay an ammal tool allowance of three hundred dollars ($300.00) to those employees with more tiran one (1) year of seniority who are required to have their own set of tools for the performance of their work. It is understood and agreed that this payment represents the full responsibility of the Compm1y for employee tools. Payable each year after May I 't

The Company will provide an allowance as indicated below per year towards tire purchase of govermnent approved safety boots to tirose employees who have six (6) or more mo:nth seniority with the Comparry .

Drivers - $150.00 per year Mechancs - $190.00 per year

The Company will pay one driver and one shop bargaining unit employee for all time lost during contract negotiations .

The Compmry will provide two (2) pairs of insulated overalls for shop employees who request smne.

I .I

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ARTICLE 14 - HOURS OF WORK & WORK WEEK

14.1 The work week shall commence at 12:01 .a.m. on Sunday and end at 12:00 midnight the following Saturday. Standard hours of work for all employees shall be based on fifty (50) hours per week Overtime at the rate of one and one-half(!- Y,) times the regular hourly rate will be paid for hours worked in excess of the above. Shop employees hours will be adjusted to have their regular shift end at Friday midnight.

14.2 Unit 1 employees as described in Article 2.2 will be paid overtime at the rate of one and one-half (1-Y,) times the regular hourly rate for hams wmked in ex~ess of Jen (I 0) hours per day Monday through Fnday. There wrll be no duplication of overtime.

14.3 Unit 2 employees as described in Article 2.3 will be paid overtime at the rate of one and one-half (1-Y,) times the regular hourly rate for hours worked in excess of then (I 0) hours per day Monday through Friday. There will be no duplication of overtinre.

14.4 All employees covered by tlris Agreement (except Friday night shift employees) will be paid overtime at tlre rate of one and one-half (1-Y,) times the regular hourly rate for all homs worked on Saturday. Friday night shift employees will be paid at tlreir regular straight time rate for hours wmked through Saturday Hours of work for shop employees only will be adjusted to have shop regular shift end at Friday midnight.

14.5 All employees covered by this Agreement will be paid overtime at the rate of double (2x) tlre regular hourly rate for all hours worked on Sunday.

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ARTICLE 15 - TRAVEL ALLOWANCE

15.1 If tlre Company requires an employee to be out-of­town overnight and when sleeping trailers are available, the Company will pay up to thirty-five dollars ($35.00) per day for meals.

15.2 If sleeping trailers are not available tlre Company will endeavour to supply reasonable accommodation or pay for room and board as follows:

Up to a maximum of seventy-five dollars ($75.00) per working day;

Receipts must be presented for reimbursement.

15.3 If the Cm~rpany requires truck drivers to drive ilieir own cars to job sites, the following allowance will be provided from the Company's yard:

Upto30km- nil

Over 30 km - twenty-five (25) cents per km both ways to driver of car .

If a job site 'is more than 75 km from City Hall -Burlington and it is agreeable to both parties, tlre Company will pay 15.2 as an alternative to mileage.

ARTICLE 16 - REPORTING TIME

16.1 Employees will be guaranteed fom times (4x) their applicable hourly rate of pay on any day tlrey are required to work and so report. It is rmderstood tlrat employees will be required to work if work is available.

22

ARTICLE 17 -INCLEMENT WEATHER Unit Two (2) Drivers

17.1 Employees who report for work, unless directed not to report, and for whom 110 work is available due to inclement weather, will receive a minimmn of four times ( 4x) their regular homly rate of pay. The employee must remain on the job for two (2) hours after his designated stmting time if requested to do so by the foreman. If the employee commences work and works for more thmr one (I) hour he shall receive a minimmn of four (4) hours atlris regular hourly rate.

ARTICLE 18 -VACATIONS WITH PAY

18.1 Each employee covered by this Agreement shall be entitled to vacation payment in tire amount of four percent (4%) oftl1e wages eamed by him in the twelve (12) montlr period ending Jmre 30th in each year oftlris contract.

18.2 Each employee with five (5) years or more service witlr the Company shall be entitled to vacation payment in tire ammmt of six percent (6%) of wages emned and will be entitled to three (3) weeks vacation.

18.3 Each employee with ten (10) years or more service witlr the Company shall be entitled to vacation payment in tire mnmmt of eight percent (8%) of wages eamed mrd will be entitled to four (4) weeks vacation.

18.4

18.5

Each employee with seventeen (17) years or more service with the Company shall be entitled to vacation payment in tire amount often percent (10%) of wages earned and will be entitled to five (5) weeks vacation.

Each employee with tlrirty (30) years or more service with the Company shall be entitled to vacation payment in the amount of twelve percent (12%) of wages eamed and will be entitled to six (6) weeks vacation.

ij-J ---­23

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-18.6 Serrior employees shall have preference to holiday

schedule. Employees will be required to indicate their preference on a list wlrich shall be posted on April 1 '' of each year.

On May 1 '' the Company will remove such list mrd prepare the final vacation schedule and post smne not later than May !5'h onto the bulletin bom·d. Once this schedule has been posted employees shall be bomrd accordingly. Those eligible for vacation may or may not at tire discretion of tire Compmry have the third mrd/or fourth week of vacation consecutive to tire first two weeks.

The Company shall allow employees entitled to more tlran two (2) weeks to take such holiday together dming tire period December 20" to March 15'h the following year according to seniority.

18.7 Vacations must be taken yemly. They cannot be accumulated, however, employees who have been on lay-off or sick leave, for one (1) month or more, shall not be compelled to take holidays.

18.8 If mr employee's employment is terminated for mry reason whatsoever, he will be paid his accumulated vacation credits calculated from the previous July 1 ''. The foregoing will not apply to laid off employees.

ARTICLE 19- PAID HOLIDAYS

19.1 The following shall be paid holidays:

New Year's Day Victoria Day Labour Day Day before Christmas Boxing Day

Good Friday Canada Day Thanksgiving Day Christrnas Day Heritage Day * (*when proclaimed)

24

19.2 Employees who have completed their probationary period and who are available for wmk and work as required on the normal shill preceding and following a paid holiday shall be paid for such holiday at the rate of ten (1 0) times their classified rate of pay. An employee who has not worked within the twenty-five (25) days immediately prior to the holiday will not be entitled to holiday pay. An employee who is recalled to work during the week in which a paid holiday occurs will be paid for the holiday.

19.3 If an employee is required to work on any of the above paid holidays, he shall be paid for snch work at the rate of time and one-half (1 Y,) Iris regular classified rate in addition to his ten (I 0) hours holiday pay.

19.4 When one;.ofthe holidays listed in article 19.1 hereof falls on a Stmday, the day proclaimed to be the holiday shall be the day observed mtd paid.

19.5 When a paid holiday falls witlrin an employee's approved vacation period, he shall be paid for tlte holiday.

ARTICLE 20- WELFARE PLAN

20.1 The Compmty shall, at its sole expense, maintain a Group htsurmtce Program for employees covered by tlris Agreement. The types m1d mnounts of coverage are listed hereunder. hlsurmtce compmties' brochures outlining details of the plan will be furnished to the employees and tlte Union.

For Employees

1. Life Insurance - $35,000.00

2. Accidental Death & Dismemberment $35,000.00 (24 hours)

.. l .,1 ! .. • -• .. II Ill

3. Weeldy Continuance oflncome- Benefits htsurmtce equivalent of Unemployment Insurance n1axinuun

- 1 '' day in case of non-occupational injury or hospital

- 4'h day in case of non-occupational sickness

- Maximum coverage - 26 weeks

All UI C. rebates accrue to Employer.

For Employees and Eligible Dependents

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4. Hospital Expense Benefits - coverage as per the Ontario Health Insurance Plmt -basic

5. Medic'l!l Expense Benefits -coverage as provided by the Ontario Healtlt Insurmtce Plan

6. Major Medical Insurance- maximum per person $22,000.00. The Major Medical Plm1 to include prescribed drugs, ambulance service, hospital room supplement (difference between semi-private room and standard ward coverage), and any other prescribeq medical services not covered by the Provincial Plan.

$10.00 deductible per person per year; maximum deductible of $10.00 per fmuily per yem·. 100% coverage.

7. Eye Glasses - $280.00 maximtml payment in two (2) year period. No deductible.

8. Dental Plan - coverage equivalent to Blue Cross Plan Nmnber 7 witlt Number 1 Rider mtd 100% Number 2 Rider effective schedule. Orthodontics - $1,000.00 under 18 lifetime 50% co-insurance. Crowns Major Restorative benefits at 60% co-insurance.

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9. Long-Term Disability

- Effective January I, 2000, a payment of $1,200.00 per month maximum from illness to age 65 - for any new ailments. Terms and conditions as outlined in the Insurance Company brochure.

Effective January I, 2001, a payment of $1,300.00 per month maximmn from illness to age 65 - for any new ailments. Terms and conditions as outlined in the Insurance Company brochure.

- Effective January 1, 2002, a payment of $1,400.00 per month maximmn from illness to age 65 - for any new ailments. Tenus m1d conditions as outlined in the Insurm1ce Company brochure.

Eligible Employees All full-time employees will become insured on tl1e working day after the completion of three (3) months continuous employment. However, to become insured you must be actively at work as a fhll-time employee.

If you are not actively at work you will become insured on your rettm1 to work. You must, however, complete the required fmm before becoming insured.

Termination of Employment All _insurance is cancelled upon termination of employment except as indicated 1mder Lay-Off.

Absence Due to Lay-Off or Siclmess In the event of lay-off, the benefits, other than weekly continum1ee of income, will be continued in force for a period not to exceed three (3) months from the day of lay-off for any employee covered at tl1e date oflay-off. If m1 employee works for any period in a month during lay-off, he will receive benefits for one (1) additional month.

': -: -) I

27

However, employees (on leave of absence, on extended lay-off) have tl1e right to maintain all benefits except weekly inde1m1ity in force for seven (7) montlls by paying the nlll premium.

On recall after lay-off, coverage will become effective on the first (1 '') day of the next month.

h1 the event of absence due to sickness or accident, coverage will be continued for ten (10) months. After such ten (10) months, coverage except Weekly Indemnity, may be continued by tl1e employee paying nlll premimns for twelve additional months.

Weeldy Indemnity Benefits

This benefit helps to replace in pmi the wages lost when unable to work because of sickness or accident. Benefits are payable from.the first (I'') day of absence due to accident or in the hospital, m1d from the fourth (4'h) day of absence due to illness up to a maximum of twenty-six (26) weeks during any one period of disability.

ARTICLE 21 - BEREAVEMENT

21.1 In the event of a death of a member of m1 employee's immediate family, the employee will be given the necessmy time off to attend tl1e nmeral m1d will be paid. a maximum of three (3) days at the applicable straight time rates providing the period between the day of death mid the nmeral are working days. If more time is required for any reason relating to the death or for attendance at a memorial service, payment of one (1) day will be paid providing tl1e previously noted three (3) days have not been paid.

Maximum for bereavement is three (3) working days at applicable straight time rate.

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The term "member of employee's immediate family" is defmed to mean spouse, child, step-child, parent, foster-parent, step-paTent, brother, sister, mother-in­law, father-in-law, grandmother, grandfather, sister-in­law, and brother-in-law.

ARTICLE 22 - JURY DUTY

22.1 Any employee who is required to serve on a jmy or as a crown witness shall be paid the difference between the amount paid for such service and his normal pay, computed at his normal hourly rate for regular hours lost fi·om work subject to the following provisions:

(a) Employees must notifY the Company immediately upon receipt of notice of selection for jmy duty; •

(b) Any employees called for jury duty and who is temporarily excused from attendance at court, must report for work if a reasonable period of time remains to be worked on his shift; and,

(c) The employee must furnish a written statement from the proper public official, showing the date and time served and the amount of pay received.

ARTICLE 23 - PENSION PLAN

23.1

23.2

Benefit effective January 1'', 1999, twenty-eight dollars ($28.00) per month, per year of credited service from January 1, 1999.

The new pension plan will be established by September 2000. This will be clarified dming the period to set np the 4% deduction and 4% Company contribution. The current pension program will continue to September 2000 and benefits will be based on the period until change over to new pension in September 2000.

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ARTICLE 24 - DURATION OF AGREEMENT

24 .I The term of this Agreement shall become effective January 1 '', 2000, and shall continue in effect through December 31 '', 2002, and shall continue automatically thereafter for annual periods of one (1) year each unless either party notifies the other in writing within the period of ninety (90) days immediately prior to the ammal expiration date that it desires to amend the Agreement.

24.2 Negotiations shall begin within fifteen (15) days following notification for amendment as provided in the preceding paragraph mlless otherwise agreed between tM parties.

24.3 If, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this Agreement or ti1e making of a new agreement prior to the current expiry date, this Agreement shall continue in full force and effect until conciliation proceedings prescribed 1mder ti1e Ontario Labour Relations Act, 1960, have bten completed, whichever date should first occur.

IN WITNESS WHEREOF each of the parties hereto has caused tlris Agreement to be signed by its mlly auti10rized representatives as of the date m1d year first above written.

DATED at +/A0 2000.

this L day of :Sif"!'

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· "fERIALS

. 9ft/it'/~

7 FOR TEAMSTERS LOCAL UNION NO. 879

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SCHEDULE "A"

RULES AND REGULATIONS

CONDUCT AND BEHAVIOUR

General

In order to advise you on what the company eJ..'Pects in respect of attitude and conduct, this set of rules and regulations has been drawn up for your guidance.

These rules and regulations have been formulated without prejudice to the right of the cmnpany to institute additional rules and regulations or to amend or cancel any herein stated .

It is not intended this set of mles and regulations cover every contingency, consequently where a subject is not dealt with specifically, common sense, good judgment and faimess must be exercised by ail concemed.

All employees are hired on a probationary basis pending satisfactory outcome of investigations on work records and personal histmy.

The Compmry will not be held responsible to find employment for drivers whose Chauffeur's license has been suspended or revoked for any reason.

Complete observatrce of the laws and by-laws, penalties for infractions tirereof shall be tire full responsibili1y of tire driver or operator except in cases where he has been given specific instmctions in writing to tire contrmy, by a member of management.

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Vehicle Accidents

Accidents for which the employee is at fault or for which his actions or lack of action is a contributory factor, will result in disciplimuy action, which may range from reprimand to dismissal, according to the seriousness of tire accident, the degree of

· negligence or carelessness, and frequency of accidents in which the driver has been at fault.

Failure to report all such accidents immediately to his superior may result in dismissal.

Personal Injul"ies

Any employee who suffers a person mjmy shall report immediately for treatment. Failure to do so may result in disciplinary action ranging from reprimand to dismissal.

Equipment

(a) Tampering with tachograph, safety devices or governors on vehicles or power equipment.

(b)

I'' offense subject to discharge

Operating vehicl~s or power equipment with radiator or grill covered or obstructed with unauthorized covering:

1'' offense 2nd offense 3'd offense

reprimand 2 to 3 day suspension subject to discharge

(c) Excessive idling of equipment where written instmctions have been issued:

1st offense 2nd offense 3'• offense 4th offense

repriinand 2 to 3 day suspension one week suspension subject to discharge.

I iVehicle Accidents ,

Accidents for which the employee is at fault or for which his \ctions or lack of action is a contributory factor, will result in \iscipliuary action, which may range from reprimand to dismissal, according to the seriousness of the accident, the degree of 1egligence or carelessness, and frequency of accidents in which the !river has been at fault.

Failm:e to report all such accidents immediately to his superior may in dismissal.

employee who suffers a person injury shall report inunediately for treatment. Failure to do so may result in ~ciplimuy action ranging fi-om reprimand to dismissal.

• tO

...

Tampering with tachograph, safety devices or governors on vehicles or power equipment.

1'' offense subject to discharge

Operating vehicl~s or power equipment with radiator or grill covered or obstmcted with unauthorized covering:

I·'' offense 2nd offense 3"1 offense

reprimand 2 to 3 day suspension subject to discharge

Excessive idling of equipment where written instmctions have been issued:

I'' offense 2nd offense 3"1 offense 4'" offense

reprimand 2 to 3 day suspension one week suspension subject to discharge.

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(i) Failure to secure load to vehicle:

1st offense 2"d offense 3nt offense

reprilnand to 3 days suspension suspension of one week subject to discharge

(j) Failure to ensure that mrits m-e properly hooked up, safety pin engaged and trailer supports fiJlly raised or removed:

1'1 offense 2"" offense 3'" offense

2 to 3 day suspension one week suspension subject to discharge

(k) Unauthorized use of vehicles or equipment without written permission:

(I)

I'' offense subject to discharge

Mishandling or abuse of Company equipment or property:

1'1 offense 2nd offense

- reprimand to one week suspension - subject to dischm-ge

Conduct and Behaviour

(a)

(b)

(c)

Use or possession of nm-cotics, drinking or possession of alcoholic beverages while on duty or on company property:

1'1 9ffense subject to discharge

Reporting for duty while under the influence of narcotics or an intoxicant:

1'' offense subject to dischm-ge

Theft or dishonesty or willful damage of company property proven by the Company:

I'' offense hmnediate discharge

FOR KING PAVING & MATERIALS

FOR TEAMSTERS LOCAL UNION NO. 879

Ill I

Ill

•

36

(k)

(I)

(m)

Failure to rettmr to shop small tools, jacks, pullers, etc., to tlreir designated storage space after use:

I'' offense 2nd offense

3rd offense 4°' offense

reprimand reprimand and subject to 2 day suspensron subject to 3 day suspension 3 day suspension, and subject to discharge

Failure to leave grease pit, work areas, etc., in clean mrd safe condition after use:

1 '' offense d ' t

2" offens·e 3'' offense 4°' offense s•• offense

reprimand 2 day suspension 3 day suspension 5 day suspension discharge

Operating vehicles witlrout required permits mrd/or insurmrce documents unless otherwise instmcted.

1 ''offense 2"' offense 3nt offense

payment 50% affine imposed payment of fine imposed subject to discharge

Reports

(a) Pmrching mrother employee's tin1e card:

I'' offense subject to discharge

(b) Falsification of time cards or trip reports:

I'' offense ilmnediate discharge

•_., ••. · . I r· ,

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(c)

(d)

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Failure to report to the supervisor or foreman at specified time when required to do so without a reasonable explanation:

1st offense 2"d offense Subsequent offense

reprimand subject to 3 day suspension

- subject to discharge

Failure to report mileage daily as instmcted

I'' offense 2nd offense 3'' offense 4th offense

reprimand 2 day suspension one week suspension subject to discharge

Driving Behaviour to

(a) Failure to follow routing as designed or instructed except official traffic detours or acceptable explmration:

(h)

(c)

I'' offense 2nd offense

reprimm1d to 3 day suspension subject to discharge

Driving in excess o( legal speed limits or as otherwise insmrcted:

I'' offense 2"' offense 3n1 offense 4th offense

Unnecessary delays employee is at fault:

1st offense 2nd offense 3rrt offense

reprimand * 2 to 3 day suspension * one week suspension * subject to discharge *

* depending on circumstances

while operating vehicles where

reprimand subject to one week suspension subject to discharge

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(d)

(e)

(f)

(g)

(h)

(i)

Gl

Towing vehicles without permission:

1 '' offense 2nd offense 3nl offense

2 day suspension one week suspension subject to discharge

''Tailgating" - following too closely to vehicle except when passing a slow moving vehicle:

in front

1st offense znd offense

- repri:rru'Urd to one week suspension - subject to discharge

Permitting other than employees of 1he employer to ride in or on a company vehicle:

1 '' offense 2"d offense

3 day suspension discharge

Careless or reckless operation of equipment or diving of vehicles or when charged by a law officer mrd convicted:

I'' offense subject to discharge

Unauthorized stopovers for personal reasons while going to or from the point of delivery. Subject to Article 11.4:

I'' offense 2nd offense 3 td offense

reprimmrd one day suspension subject to discharge

Failme to stop at railroad crossings where visibility is obstmcted or there is any possibility whatsoever of insufficient clearmrce except for mechmrical failme:

I'' offense 2nd offense

one week suspension discharge

Changing gears while crossing railroad tracks:

1 '' offense 2nd offense 3'd offense 4'h offense

reprimmrd 2 day suspension one week suspension subject to discharge

• b

• II II Ill

= I • -

(k)

(I)

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Units equipped with tachographs must not be operated without a card in the tachograph:

1st offense znd offense 3'd offense

reprimmrd 2 to 3 day suspension subject to discharge

Tmcks being parked for authorized stops on route must comply with the following procedure:

(1) Motors must be shut off.

(2) Tmcks are to be left in gear, with the emergency bralce set, ignition key removed mrd front wheels llmred against the curb where possible. According to M.T.C. or Department oftrmrsport regulations.

(3) Parked tmcks left in a public place and unattended shall be locked up to prevent tampering.

(4) Tmcks parked along the shoulder of highway due to breakdovvn or emergency shall have safety flares set out 10 0 ft. to the front mrd rear. Drivers are to ensure flares are on the vehicle mrd in good condition at all times mrd are to report to the foreman if this is not so.

Failure to observe these regulations:

1st offense znd offense 3'd offense

reprllnand 1 to 3 day suspension subject to discharge

Attendance

(a) Absence for three (3) successive working days without notification to supervisor or foreman will be considered as an employee quitting voluntarily.

40

(b)

(c)

(d)

(e)

Failure to notify the Company not less than one (1) hour before regular stmting time when unable to report for work without a reasonable explanation:

I'' offense reprimand 2nd offense 1 to 3 suspension Subsequent offense- subject to discharge

Reporting late for work wi1hout reasonable explmmtion:

1 '' offense repri:tnm1d 2nd offense 2 to 3 day suspension 3rd offense one week suspension 4'h offense subject to discharge

Failure to report for work unless otherwise illstmcted:

1 '' offense 2nd offens~ 3'd offense

reprimand 2 day suspension discharge

Any employee absent due to illness must provide substantiating evidence to the management when required.

Protective Clothing and Equipment

(a)

(b)

Failure to wear protective clothing m1d equipment or to use safety devices as instmcted:

1'' offense 2"d offense 3'd offense

3 day suspension one week suspension subject to discharge

Failure to wear hard hats at all times except in the cab or vehicles, when lying prone under equipment being repaired, or at other ti:tnes authorized by foremen. Hard hats to be worn at all times when yard persom1el are temporarily working at constmction sites:

1 '' offense repri:tnm1d 2nd offense 3 day suspension · 3'd offense one week suspension 4'h offense subject to discharge

(c)

(d)

(e)

(f)

(g)

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Employees working on movi:t1g machinery shall not wear loose clothing that may get caught in 1he moving parts:

I'' offense reprima11d 2nd offense one day suspension Repeated offenses - subject to discharge

Outer shirts, long trousers, and stout leather boots or shoes will be worn at all times except duri:t1g inclement weather when suitable waterproof footwear will.be wom.

1 ''offense 2nd offense 3'' offense

reprimand . 2 day suspension one week suspension

Smoking is ri,\)t permitted while dispensing or carrying gasoli:t1e or other flammable liquids or where these liquids m·e stored or in "NO SMOKING" areas:

1 ''offense 2nd offense

reprimm1d to 3 day suspension subject to dischmge

Failure to have a fire extinguisher in the immediate vicinity when welding or cutti:t1g equipment is i:t1 use:

1 '' offense 2nd offense

3 day suspension subject to discharge

All fire extinguishers must be checked by the drivers once a week to ensure that they are fi.ill and in good operating condition. Any defects are to be reported immediately and the fire extinguisher exchanged for one in good operating condition. Failure to comply:

1 ''offense 2nd offense 3ro offense

reprimm1d 3 day suspension subject to discharge

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(h) All first aid treatment and first aid supplies used must be recorded in first aid book provided in each unit:

1 '' offense reprimand znd offense 2 day suspension Subsequent offenses - one week off

MISCELLANEOUS

The record of a violation shall be removed from the employee's file two yems subsequent to the date of the specific offense.

The loss of a driver's license for not more than twenty-four (24) months shall not in itself be a violation of :my of the rules and regulations contained herein or result in the loss of seniority.

If a license is lost for twenty-four (24) months, the driver shall be allowed an extra one ( 1) month to obtain m1d complete the necessary application for re-instatement.

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