COLLECTIVE AGREEMENT - Pages Trade... · COLLECTIVE AGREEMENT ... RCCA & LIUNA Local 183 -2016-2019...

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COLLECTIVE AGREEMENT BETWEEN: RESIDE TIAL CARPENTRY CONTRACTORS A SSOCIATION OF OREA TER TORONTO -and- LABOURERS' INTERNATIONAL UN ION OF NORTH AMERI CA, LOCAL 183 May 1, 2016 -April 30, 2019

Transcript of COLLECTIVE AGREEMENT - Pages Trade... · COLLECTIVE AGREEMENT ... RCCA & LIUNA Local 183 -2016-2019...

COLLECTIVE AGREEMENT

BETWEEN:

RESIDE TIAL CARPENTRY CONTRACTORS A SSOCIATION

OF OREA TER TORONTO

-and-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183

May 1, 2016 -April 30, 2019

COLLECTIVE AGREEMENT

BETWEEN:

RESIDENTIAL CARPENTRY CONTRACTORS ASSOCIATION OF GREATER TORONTO

-AND-

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183

TABLE OF CONTENTS

ARTICLE 1 -PURPOSE ....................................................................................................................... l

ARTICLE 2 - RECOGNITION ............................................................................................................... 2

ARTICLE 3 - Sus-CONTRACTING ...................................................................................................... 2

ARTICLE 4 - UNION SECURITY .......................................................................................................... 3

ARTICLE 5 - WAGES AND METHOD OF PAYMENT ............................................................................. 4

ARTICLE 6- HOURS OF WORK AND OVERTIME ................................................................................ 6

ARTICLE 7 - TRA YELLING EXPENSES AND PARKING ......................................................................... 6

ARTICLE 8 - HOLIDAYS AND VACATION ........................................................................................... 7

ARTICLE 9-CALL IN PAY ................................................................................................................. 8

ARTICLE 10 - REPORTING PAY ......................................................................................................... 8

ARTICLE 11 -WELFARE BENEFITS INCLUDING PENSION, PREPAID LEGAL SERVICES, LONG TERM

CARE, RETIREE BENEFITS, TRAINING AND LABOURERS' CENTRAL AND EASTERN

CANADA ORGANIZING FUND (CECOF) ..................................................................... 9

ARTICLE 12-UNION DUES CHECK OFF, SUPPLEMENTARY DUES,

UNION ADMINISTRATION FUND .............................................................................. 11

ARTICLE 13 - CONTRIBUTIONS ....................................................................................................... 11

ARTICLE 14 - TOOLS ...................................................................................................................... 12

ARTICLE 15 -BUSINESS REPRESENTATIVE ..................................................................................... 13

ARTICLE 16 - SAFETY ..................................................................................................................... 14

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ARTICLE 17 - CONDITIONS OF EMPLOYMENT ................................................................................. 15

ARTICLE 18 - GRIEVANCE PROCEDURE AND ARBITRATION ............................................................ 15

ARTICLE 19 - TRAINING ................................................................................................................. 16

ARTICLE 20 - MANAGEMENT RIGHTS ............................................................................................. 16

ARTICLE 21 - SEVERABILITY .......................................................................................................... 17

ARTICLE 22- SECURITY FOR PAYMENT OF WAGES, BENEFITS AND OTHER CONTRIBUTIONS .......... 17

ARTICLE 23 - No STRIKES - No LOCKOUTS ................................................................................... 19

ARTICLE 24- SUCCESSORS AND ASSIGNS ....................................................................................... 19

ARTICLE 25-EMPLOYER'S INDUSTRY FUND .................................................................................. 20

ARTICLE 26 - LETTERS OF UNDERSTANDING .................................................................................. 20

ARTICLE 27 - DURATION, CHANGE AND RENEWAL ........................................................................ 20

SCHEDULE "A"- WAGES AND CLASSIFJCATIONS ............................................................................. 22

SCHEDULE "B" ................................................................................................................................ 24

SCHEDULE "C" - MAP ..................................................................................................................... 26

LETTER OF UNDERSTANDING No. 1 - LABOUR SUPPLY FOR UNIONIZED BUILDERS ........................ 27

LETTER OF UNDERSTANDING No. 2 - No INFERIOR AGREEMENTS ................................................. .29

LETTER OF UNDERSTANDING No. 3 - TRAINING PROGRAM ............................................................ 30

LETTER OF UNDERSTANDING NO. 4 - REMITTANCES AND CONTRIBUTIONS .................................. 32

LETTER OF UNDERSTANDING No. 5 - NAME OF UNION ................................................................. 33

LETTER OF UNDERSTANDING No. 6 - ABILITY TO COMPETE - Low RISE ..................................... .34

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HIGH-RISE TRIM CARPENTRY COLLECTIVE AGREEMENT

BETWEEN:

Residential Carpentry Contractors Association of Greater Toronto (A Corporation duly incorporated pursuant to the laws of the Province of Ontario

on behalf of its affected member companies)

(hereinafter referred to as the "Employer")

-and-

Labourers' International Union of North America, Local 183

(hereinafter referred to as the "Union")

WHEREAS the Employer and the Union, wish to make a Collective Agreement with respect to employees of the Employer engaged in work, more particularly described in Article 2 of this Agreement and to provide for and ensure uniform interpretation and application in the administration of the Collective Agreement.

NOW THEREFORE, the Employer and the Union hereby acknowledge and agree as follows:

ARTICLE 1 - PURPOSE

1.01 The general purpose of this Collective Agreement is to establish mutually satisfactory relations between the Employer and its employees, to provide a means for the prompt and equitable disposition of grievances and to establish and maintain satisfactory working conditions for all employees who are subject to its provisions.

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ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all construction employees performing work covered by the Collective Agreements referred to herein, including all Carpenters and Carpenters' Apprentices of the Employer, engaged in high-rise residential construction in and out of Ontario Labour Relations Board (O.L.R.B.) Areas 8, 9, 10, 11 and 18, save and except office and sales staff and non-working foremen and persons above the rank of non-working foreman.

2.02 Should the Employer perform any work falling within the scope of the other collective agreements set out in Schedule "B" of this Agreement, then the Employer shall abide by and perform such work in accordance with the terms and conditions of the applicable collective agreement including, but without limiting the generality of the foregoing, any terms and conditions thereof with respect to contracting or subcontracting restrictions, as if the Employer and the Union had duly executed said agreements.

2.03 In the event the Employer becomes a member of The Residential Carpentry Contractors Association of Greater Toronto, which represents employees signatory with the Union, the Union will recognize the Association as the sole and exclusive bargaining agent for all members and further agrees that all renewals to this Collective Agreement will be negotiated with the Association and not with the individual members.

2.04 For greater clarity, high-rise residential construction covered by this Collective Agreement shall include:

(a) Any structure of 4-storeys or more, excluding basements

(b) Any structure with an elevator

ARTICLE 3 - SUB-CONTRACTING

3.01 The Employer shall only contract or subcontract work covered by this Collective Agreement to an Employer who is bound to and applying this Collective Agreement or the standard Local 183 Independent High-Rise Trim Collective Agreement or the appropriate Collective Agreement listed in Schedule "B" hereto, whichever is applicable to the work in question.

3.02 The Employer agrees that it will not employ or engage any direct employees to perform any work, including but not limited to clean up and general on site labour work, which has traditionally been performed by direct employees of the builders. The Employer further agrees that with respect to such work, it will not provide, solicit, manage or supervise any employees

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performing such work to, for or on behalf of any other company, partnership, sole proprietorship or other entity.

3.03 Construction Management - Without restricting in any way the application of the subcontracting provisions contained in Article 3.01 of this Agreement, a contractor or subcontractor who undertakes a contract with an owner to provide construction management services shall be subject to Article 3.01 and without limiting the generality of the foregoing, the Employer shall ensure that all contracts and/or subcontracts in respect to the project for which the Employer has agreed to provide construction management services are only let to a contractor or subcontractor bound by this Agreement, irrespective of whether such contract(s) or subcontract(s) are entered into directly by the owner and the contractor or subcontractor.

ARTICLE 4 - UNION SECURITY

4.01 The Employer agrees to employ members of the Union who are in good standing as long as the Union can supply qualified employees in sufficient numbers who are capable of performing the work required.

4.02 No person who is a member of management shall do any work which would normally be performed by employees covered herein.

4.03 All employees covered by this Agreement shall be hired by the Employer through the offices of the Union. Such hiring shall be done by way of clearance slip issued by the Union, prior to commencing work.

4.04 If the Union cannot meet the Employer's workforce requirements within two (2) working days, the Employer may obtain workmen from whatever source is available to him, provided that such employees, before commencing work, apply to the Union and comply with all the applicable Union regulations for membership therein, and in accordance with Article 4.03 of this Agreement.

4.05 An Employer shall discharge an employee when notified by a Business Representative of the Union, ifthe employee is not a member of the Union or in good standing with the Union.

4.06 Members of the Union employed under the terms and conditions of this Agreement shall have unrestricted mobility.

4.07 All persons performing any work covered by this Agreement must obtain a clearance slip from the Union prior to commencing any such work.

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It is agreed and understood that clearance slips will only be issued to members who are in good standing with the Union and that such membership must, as a condition of employment, be maintained while working in the bargaining unit for the duration of this Agreement.

It is agreed and understood that where any work covered by this Agreement is performed by employees, contractors or subcontractors, without the required clearance slips having been issued, then such work is performed in violation of this Agreement and the Employer is liable to the Union, in addition to any other remedy for liquidated damages equivalent to the appropriate payments which should have been made under the terms of this Agreement for such work.

4.08 No employee shall be refused employment or Union membership because of his/her race, colour, creed, age, sexual orientation, sex or national origin.

ARTICLE 5 - WAGES AND METHOD OF PAYMENT

5.01 The wages for hourly rated employees shall be those set out in Schedule "A", which forms part of this Agreement.

5.02 Wages shall be paid on the job by cheque or direct deposit before the regular quitting time on or before Thursday or by cash or certified cheque on or before Friday of each week for the payroll period ending the previous calendar week. If the Employer defaults in the payment of wages or does not comply with the time limits or payment methods as set out above, then the Employer may be required to make future payments by certified cheque and will be required to pay an additional one hundred dollars ($100.00) to each employee whose wages were defaulted on, were laid off and/or paid in violation of this Article.

5.03 Each employee shall receive a statement which shall indicate:

(a) name of the Employer and the employee;

(b) the applicable pay period;

( c) the total hours worked at straight time;

( d) the total hours worked at overtime;

( e) the hourly rate and applicable premiums;

(f) the amount of vacation and/or statutory holiday pay;

(g) details of all deductions;

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(h) the amount of travelling and board allowance;

(i) the address of the Employer on the cheque stub.

All time books are to be closed weekly.

5.04 No employee shall be laid off except during working hours on the project.

5.05 When an employee is laid off from a job on a scheduled regular lay off, he shall receive one (I) hour pay and he will be permitted to leave the job immediately after the one ( 1) hour notice is given. If the Employer fails to give the employee one (I) hour notice in advance of a lay off, the employee shall be paid an additional one (I) hour pay at straight time. At the time of lay off, the employee shall be paid in full and given possession of all his documents. If the employee cannot be paid and be given his documents at that time, he shall receive his pay and documents within forty-eight ( 48) hours. The forty-eight ( 48) hour period is exclusive of Saturdays, Sundays and Statutory Holidays. If this provision is not complied with, the provisions of Article 5.07 hereof shall apply.

5.06 When an employee is discharged or quits, he shall be paid his wages and documents on the next pay day.

5.07 If an employee fails to receive wages and documents in accordance with the provisions of Article 5.05 or 5.06, he shall be paid waiting time at straight time rates not to exceed eight (8) hours. It is understood and agreed that all fringe benefits will be paid as per this Collective Agreement.

5.08 A working foreman is defined as an employee having supervisory capacity over eight (8) or more other employees, excluding himself and also, in addition to such supervisory capacity, is also required to perform his regular working duties, with the tools of his trade, if and when required. The Employer retains the exclusive right to appoint a working foreman.

5.09 The term lead hand is defined as an employee having supervisory capacity over three (3) to seven (7) employees (exclusive of the lead hand) and also, in addition to such supervisory capacity, is also required to perform his regular working duties with the tools of his trade, if and when required. It is agreed that a lead hand will not be used unless a working foreman is already employed on the Project. The Employer retains the exclusive right to appoint a lead hand.

5 .I 0 Requests for leave of absence without pay must be made in writing with reasons shown. Leave of absence shall be granted for good and sufficient reasons. A leave of absence will not exceed five (5) days unless approved by the Employer in writing.

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ARTICLE 6 - HOURS OF WORK AND OVERTIME

6.01 The regular working day, subject to variations by mutual consent of the parties, shall be between 7:30 a.m. and 5:00 p.m., from Monday to Friday, inclusive. Any work done outside of these hours per day shall be considered overtime work. The maximum number of working hours per day shall be eight (8) hours and the maximum number of working hours per week shall be forty ( 40) hours and work outside these hours shall be deemed overtime work.

6.02 All work performed in excess of the regular working day of eight (8) hours from Monday to Friday inclusive, shall be deemed overtime work. The rate of wages for the first three (3) hours of overtime in any one day from Monday to Friday, shall be paid the applicable rate of time and one half (1 Y2 x) and work performed after three (3) hours of overtime shall be paid at double (2 x) the applicable rate of pay. All work performed on Saturdays shall be paid time and one half (1 Y2 x) and the Union agrees that it will not file or pursue any grievances under the existing Collective Agreement claiming double work for Saturday work, based on practice in the industry which has developed. All work performed on Sunday or any of the holidays as outlined in Article 8 of this Agreement, shall be paid at double (2 x) the applicable rate of pay.

6.03 The Employer agrees to notify the Union of all scheduled overtime work and the name of the employees who will work the overtime. In the case of Saturday or Sunday overtime, the Employer shall notify the Union before 1:00 p.m. of the preceding Friday.

ARTICLE 7 - TRA YELLING EXPENSES AND PARKING

7.01 No travelling expenses will be paid on jobs located within the area described in Schedule "C" of this Agreement. However, where the Employer assigns an employee to drive a company vehicle, the driver is paid his/her hourly wage rate for all time spent driving. Employees are paid for time spent travelling from job site to job site.

7.02 For all jobs outside the geographical area described in Schedule "C'', the following travel expenses will apply:

(a) If Employers provide a company vehicle, the employee shall receive ten dollars ($10.00) per day.

(b) If the employees use their vehicles for the Employer's convenience, carrying material to commence a job, material for repairs and travelling between jobs during working hours, they shall be paid $0.54¢ for each kilometre travelled and parking fees plus their hourly rate. These expenses shall be paid weekly. It shall not be

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deemed a violation of this Agreement if any employee refuses to carry material and/or equipment or uses his own personal vehicle on company business.

( c) Employees who are sent out of town shall be paid a room and board allowance sufficient to obtain reasonable accommodation, plus three (3) meals per day and transportation costs. Expense money to cover same, shall be paid in advance by the Employer. The employee is to furnish receipts for all expenses to his Employer

when so requested.

( d) Employees, when riding in company and/or private vehicles, will only ride in the cab of said vehicle. When transportation is not provided by the Company, the Company will provide parking at the job site at no cost to the employees.

(e) If the employees travel in a company vehicle, they shall not be entitled to travelling

expense allowance but shall be paid their hourly rate from the shop to the job.

(f) It is agreed that should an Employer secure any residential carpentry work in any geographic area other than those areas set out in Article 2.01, then all such work will be performed by employees who are, or become members of the Union and the

terms of this Collective Agreement will apply to, and cover, such persons and such

work in full.

7.03 It is agreed that the Employer shall provide a parking reimbursement to employees for their parking expenses upon being provided with receipts, to a maximum of thirty dollars ($30.00)

per day.

ARTICLE 8 - HOLIDAYS AND VACATION

8.01 (a) The following days shall be recognized as statutory holidays for the purposes of

this Agreement:

New Year's Day

Canada Day Thanksgiving Day Family Day

Good Friday Civic Holiday Christmas Day

Victoria Day Labour Day Boxing Day

and any other holiday proclaimed by the Federal or Provincial Government.

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(b) When any of the enumerated Holidays outlined above falls on a Saturday or Sunday, the Holiday or Holidays shall be observed on the day or days following the weekend. The Employer shall advise the Steward and Union when employees are required to work on Saturdays, Sundays or holidays.

8.02 (a) All hourly rated employees shall be paid vacation pay and statutory holiday pay in the amount of ten percent (10%). That part of the amount allocation to vacation pay shall be the minimum required by the Employment Standards Act, as amended from time to time, and the balance shall be in lieu of payment for recognized Statutory Holidays.

(b) Any work performed on a holiday, shall be paid for at double (2 x) the applicable hourly rate of pay.

( c) Employees are entitled to take a vacation at a mutually convenient time each calendar year without prejudice to their employment.

8.03 The Employer agrees to remit the employee's vacation pay and statutory holiday pay along with and in the same manner as the other contributions required by this Agreement. Payment shall be made to such Trust Fund as may be designated by the Union and in trust for the employee.

8.04 The aforesaid vacation pay and statutory holiday pay is agreed and shall be deemed to be in accordance with the Employment Standards Act and is agreed to provide benefits equal to or better than required by the Employment Standards Act.

ARTICLE 9 - CALL IN PAY

9.01 If the employee is called to work after having left the Employer's premises and after completion of his regularly scheduled shift, he shall receive a minimum of three (3) hours pay at the applicable straight time rate, provided he works a minimum of one (1) hour. Employees who work less than one (1) hour, shall receive two (2) hours pay. This provision shall not be applicable to overtime hours worked in conjunction with an employee's regularly scheduled shift and there shall be no duplication of this premium and any other premium provided for in this Agreement.

ARTICLE to-REPORTING PAY

10.01 Unless hourly rated employees are not notified during working hours on the previous day not to report for work, hourly rated employees who report for work and for whom no work is available, shall receive not less than two (2) hours of pay at their straight time rate.

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ARTICLE 11-WELFARE BENEFITS INCLUDING PENSION, PREPAID LEGAL SERVICES, LONG TERM CARE, RETIREE BENEFITS, TRAINING AND LABOURERS' CENTRAL AND EASTERN CANADA ORGANIZING FUND (CECOF)

11.01 Welfare: The Employer agrees to contribute the following amounts for each hour worked by each hourly-rated employee covered by this Agreement to the Local 183 Members' Benefit Fund:

Effective May 1, 2016 - two dollars and sixty-five cents ($2.65); Effective May 1, 2017 - two dollars and ninety cents ($2.90); Effective May 1, 2018 - three dollars and fifteen cents ($3.15).

Payments into the Fund are to be made by the fifteenth (151h) day of the month following the month for which payment was made.

11.02 (a) Pension: The Employer agrees to contribute the following amounts for each hour worked by each hourly-rated employee covered by this Agreement into the Labourers' Pension Fund of Central and Eastern Canada:

Effective May 1, 2016 - seven dollars and fifty cents ($7.50); Effective May 1, 2017 - seven dollars and sixty cents ($7.60); Effective May 1, 2018 - seven dollars and seventy cents ($7.70)

Payments into the Fund are to be made by the fifteenth (151h} day of the month following the month for which payment was made.

(b) Labourers' Central and Eastern Canada Organizing Fund (CECOF) and Ontario Provincial District Council (OPDC) The Employer agrees to deduct from the employee, by way of payroll deduction, the following amounts for each hour worked to the CECOF/OPDC as follows:

Effective May 1, 2016 -Effective May 1, 2017 -Effective May 1, 2018 -

forty cents ($0.40) forty cents ($0.40) forty cents ($0.40)

(c) Pension and CECOF/OPDC contributions shall be sent to the Labourers' Pension Fund of Central and Eastern Canada, PO Box 9002, Lakeshore West PO, Oakville, Ontario, L6K OG 1. The Employer may remit both these contributions on one (1) monthly cheque. Payments into the Fund are to be made by the fifteenth ( l 51h) day of the month following the month for which the hours were worked.

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11.03 Apprenticeship Training: The Employer shall make contributions for Apprenticeship Training to such Apprenticeship Training Fund as may be designated by the Union at the rate indicated in Schedule "A" of this Agreement for each hour worked by each hourly-rated

employee.

Payments into the Fund are to be made by the fifteenth (15th) day of the month following the month for which payment was made.

11.04 Prepaid Legal Plan: The Employer agrees to contribute ten cents ($0.l 0) for each

hour worked by each hourly-rated employee covered by this Agreement to the Labourers' Local 183 Prepaid Legal Benefits Fund.

The Employer shall remit contributions to the Labourers' Local 183 Prepaid Legal

Benefit Fund monthly, together with a duly-completed Employer Contribution Report Form, by the fifteenth (15th) day of the month following the month for which the payment is due.

11.05 Long Term Care

The Employer agrees to contribute sixty cents ($0.60) for each hour worked by

hourly-rated employees covered by this Agreement to the Local 183 Members' Benefit Fund for

the purpose of purchasing benefits for Long Term Care.

The Employer shall remit contributions to the Labourers' Local 183 Members' Benefit Fund monthly, together with a duly-completed Employer Contribution Report Form, by the fifteenth (15th) day of the month following the month for which payment is due.

11.06 Retiree's Benefits

The Employer agrees to contribute forty cents ($0.40) for each hour worked by each

hourly-rated employee covered by this Agreement to the Universal Workers Union, Local 183 Retiree's Benefit Trust Fund for the purpose of purchasing Retiree Benefits. Effective May 1, 2016 the amount of this contribution shall increase to fifty cents ($0.50) per each hour worked, inclusive of RST. Effective May 1, 2017 this contribution shall increase to sixty cents ($0.60) per hour worked, inclusive ofRST. Effective May 1, 2018 this contribution shall increase to seventy cents ($0.70) per hour worked inclusive of RST.

The Employer shall remit such contributions to the Labourers' Local 183 Members'

Benefit Fund monthly, together with a duly-completed Employer Contribution Report Form, by the fifteenth (151h) day of the month following the month for which payment is due.

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11.07 The Employer agrees to pay, effective May l, 2016, $0.05 for each hour worked to the Local 183 Promotional Benefits Fund but nevertheless to the Members' Benefit Trust Fund for administration purposes.

ARTICLE 12 - UNION DUES CHECK OFF, SUPPLEMENTARY DUES, UNION ADMINISTRATION FUND

12.01 The Employer agrees to contribute for each hourly-rated employee, the amounts in respect of the Union Dues Check Off, Supplementary Dues and Union Administration Fund. The Union will notify the Employer as to the amount of regular monthly union dues to be remitted and such amounts may be deducted from the employee's pay. Supplementary or working dues shall consist of three percent (3%) of the total gross earnings of the employee and this amount shall be deducted from an employee's earnings.

12.02 The Employer shall remit such contributions in this Article together with the other contributions under Articles 8 and 11 together with the supporting information as required on the reporting forms as designated by the Union. Such deductions shall be immediately distributed to the Union by the Administrator of the Funds.

ARTICLE 13 - CONTRIBUTIONS

13.01 Contributions and/or deductions required under Articles 8, 11 and 12 of this Agreement, in respect to holiday pay, vacation pay, health and welfare, pension, Prepaid Legal Fund, Union Dues Check Off, Supplementary Dues, Union Administration Fund and any other required payments, shall be forwarded to an Administrator designated by the Union. The contributions and/or deductions shall be remitted by the fifteenth (151h) day of the month following the month in which the hours have been earned, together with supporting information entered on a reporting form as designated by the Union, and at no time shall the contributions and/or deductions be paid directly to the employees.

13.02 In the event that the Employer fails to remit contributions by the fifteenth (151h) day of the month due, the Union may charge interest at a rate of five percent (5%) per month from the due date for any delinquent contributions fifteen (15) days in arrears provided the Employer has received five (5) days written notice to correct such delinquency.

13.03 With reasonable cause, the Union may request the Employer to submit to them within a stipulated period, a certified audited statement of contributions to these funds for a period from the effective date of this Agreement until the date the audit takes place. Such statements shall reply

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to the questions submitted to the Employer by the Union. This procedure does not prejudice any action currently being taken by the Union.

13.04 If the Employer does not submit the certified audited statement as per Article 13.03, the Union may appoint an independent chartered accountant to enter upon the Employer's premises where the payroll records are kept during regular business hours to perform an audit of the Employer's records only with respect to the Employer's contributions to the required employee benefit plans or funds.

13.05 Where the Union appoints an auditor, the full cost of the audit shall be borne by the Employer, if the audit reveals a violation.

13.06 In the event such audit reveals that the Employer has failed to remit contributions in accordance with the provisions of this Agreement, the Employer shall within five (5) days of receipt of written notice from the Union, remit all outstanding contributions plus any interest along with completed supporting Employer Contribution Report Forms as required by the fund or plan.

13.07 Notice of delinquency shall be given by the Union to the parties affected. When the Employer fails to remit delinquent contributions in accordance with the provisions of this Agreement, the provisions as expressed in Article 13.02 shall apply and the affected party shall immediately institute proceedings against the delinquent Employer.

13.08 Where the Union deems the Employer to be persistently delinquent in remitting contributions, they may require the Employer to post security in the form of a cash deposit in a reasonable amount not exceeding fifty thousand dollars ($50,000.00) to be held in trust by the Union for a period to be determined by the Union.

13.09 If the Employer does not have any employees in his employ, he shall submit a "Nil" report in accordance with the provisions of Article 13.01.

ARTICLE 14 - TOOLS

14.01 (a) The Employer will supply all power tools to perform work covered in this Agreement for all hourly-rated employees. Carpenters and Carpenters' Apprentices shall supply the Carpenter's hand tools necessary to do the work required, including but not limited to:

Adjustable wrench coping saw(+ blades) carpenter's apron

24" finish hand saw metric/imperial tape measure utility knife

24" hand level set of screwdrivers or multi-driver set of 4 chisels ( + cold chisel)

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nail punch small crow bar pencil/marking instrument hammer tool box chalk line 2" hand planer square

(b) The Employer and employee agree to maintain and keep all tools supplied in safe and workable condition.

( c) Employees shall be entitled to be reimbursed by the Employer for loss of clothing and tools up to a maximum of six hundred dollars ($600.00) for each employee for loss of tools related to his job and clothing due to accident or theft. In such cases, the employee must provide a written affidavit of the amount of such loss and the circumstances of such loss. Employees are to provide a list of tools and clothing that is stored in a designated area.

(d) It is agreed that the value of such tools provided by the Carpenter and Carpenters' Apprentices will not exceed five hundred dollars ($500.00).

( e) The Employer agrees to pay up to one hundred and forty dollars ($140.00) per year, after one (1) year of service upon the employee providing a receipt for boot allowance.

ARTICLE 15 - BUSINESS REPRESENTATIVE

15.01 The Business Representative of the Union shall have access to all working areas during working hours and the Employer shall assist the Business Representative to obtain a pass to the premises where necessary, but in no case shall his visits interfere with the progress of the work. When visiting a job, he will first, where possible, advise the superintendent or other supervisory personnel of the Employer.

15.02 (a)

(b)

The Union may appoint one (1) Steward per project per shift. It is further agreed that the Union will have the right to appoint Stewards who are not at the time of their appointment on the payroll of the Employer. On notification of the appointment of the Stewards, the Employer shall immediately employ the Stewards on the project provided the Steward is capable of performing the work and that no current employee is willing to be Steward.

Shop Stewards are to be given a reasonable length of time, during working hours to inspect all working areas of the project and/or projects in question, to verify

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safety and other working conditions that are applicable in work covered by this Agreement.

( c) It is also understood that the Shop Steward will be shown, at his request, all union cards, referral slips and clearance slips.

15.03 No discrimination shall be shown against any Shop Steward for carrying out his duties, but in no case shall his duties interfere with the progress of his work. It is agreed that a Shop Steward may be appointed at the sole discretion of the Union. Stewards shall be appointed by a representative of the Union, who shall notify the foreman or other supervisory personnel, where possible. The Shop Steward shall be one of the last two (2) men retained on the project if competent to perform the available work.

15.04 It is agreed that the Shop Steward shall not be excluded from his crew for overtime work, provided he is qualified and able to do the work.

15.05 It is agreed that upon transferring employees from one project to another, the Employer shall not discriminate against any Shop Steward. The Employer agrees to transfer the Shop Steward to other project(s) of the Employer if work is available, provided such transfer will not cause a lay-off of another employee.

ARTICLE16-SAFETY

16.01 The Employer agrees to conform to the Occupational Health and Safety Act, as amended from time to time.

16.02 Every employee covered by this Agreement shall supply themselves with and wear at all times on the job, an approved safety helmet and safety shoes when required. All other safety devices and equipment shall be supplied by the Employer.

16.03 When an employee is injured and has to leave the job for medical attention, and transportation is required, it shall be supplied by the Employer when necessary to a doctor's office or a hospital. The employee will notify the foreman before leaving the site, if possible.

16.04 The Union and the Employer agree to establish a Labour Management Health and Safety Committee pursuant to the Occupational Health and Safety Act.

16.05 The Union may appoint a qualified Health and Safety Representative for each job site who shall be given reasonable time to carry out his duties.

RCCA & LIUNA Local 183 • 2016-2019 Collective Agreement E.&O.E.

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16.06 The Employer will meet Occupational Health and Safety Act regulations as they apply to the provision of first aid kits on job sites.

16.07 The Employer will work with the Builder, site super and other trades to address the provision of suitable heated eating and rest areas on a job site by job site basis.

ARTICLE 17 - CONDITIONS OF EMPLOYMENT

17.01 The Employer will permit a fifteen (15) minute refreshment break at the employee's place of work once in the morning and once in the afternoon. The time will be scheduled by the Employer so as not to interfere with the orderly progress of the job.

17.02 Regular day shift employees shall be allowed a one-half (\12) hour unpaid lunch break near the mid-point of the shift. It is understood that no employee will be required to work more than five (5) consecutive hours without a lunch break. Where an employee is required to work through his lunch break, he will be paid at the applicable overtime rate for the lunch period and will be allowed a one-half (\12) hour break later to eat his lunch.

17.03 Each employee shall be allowed a further fifteen (15) minute break to be taken prior to the start of any overtime work provided the anticipated overtime will be of two (2) hours duration or more.

17.04 In the interests of safety and productivity, employees will not be allowed to use any personal listening devices, such as Bluetooth technology, ipods and earphones during the employee's shift, except for during lunch and other breaks. Communication devices such as cell phones may be used for emergency and urgent purposes or during lunch and other breaks. In no event shall cell phones be used while operating tools or machinery.

ARTICLE 18 - GRIEVANCE PROCEDURE AND ARBITRATION

18.01 Any dispute, difference, controversy or grievance affected or ansmg out of the interpretation, application or administration of this Agreement shall be adjusted, if possible, by direct negotiations between the Employer and the Union.

18.02 Any dispute, which has not been resolved between the Employer and the Union relating to the interpretation, application or administration of this Collective Agreement, including any question as to whether a matter is arbitrable, may be the subject of a grievance which shall be resolved without stoppage of work as follows.

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18.03 If a written grievance is not resolved within five (5) days of receipt, the aggrieved party may refer the grievance to any of Mr. George Surdykowski, Mr. James Hayes and Mr. Larry Steinberg or Mr. Rick MacDowell for final and binding determination. If no named arbitrator is able to hear the matter within fourteen (14) days, the parties will jointly apply to the appropriate Governmental authority for the appointment of an arbitrator.

18.04 The Arbitration Board shall hear and determine the difference or differences between the parties and shall issue a decision in writing, which decision shall be final and binding upon the parties and upon any employees affected. It is understood that there shall be no alteration or amendment to any part of this Agreement. The fees and expenses of the Arbitrator shall be borne one-half (Yi) by the Union and one-half (Yi) by the Employer. Any other costs or expenses in connection with such arbitration shall be borne by the parties which incur them.

18.05 No grievance shall be invalidated by reason of any defect of form or by any technical irregularity.

18.06 Further, notwithstanding the time limits in this Agreement or in any statute, all damages with respect to a breach of this Agreement by the Employer shall be retroactive to the date of the initial breach, regardless of when the grievance was actually filed or referred to arbitration.

ARTICLE 19-TRAINING

19.01 (a) Before commencing employment, each employee must establish to the satisfaction of the Employer that they have completed and hold a valid certification for WHMIS, Working at Heights and Occupational Health and Safety Act ("OHSA") Awareness and any similar training requirements mandated by the Provincial Government for construction workers pursuant to OHSA.

(b) If an Employer requires an employee to attend training while employed, the Employer shall be responsible for the cost of all such training, if applicable, and the time spent participating in the training shall be deemed to be time worked and compensated in accordance with the terms of this Collective Agreement, although such time spent in training shall not attract shift premium or overtime.

ARTICLE 20 - MANAGEMENT RIGHTS

20.01 The Union agrees and acknowledges that the Employer has exclusive rights to manage the business and to exercise such rights, save and except such prerogatives of management as may be modified by the terms and conditions of this Agreement.

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20.02 Without restricting the generality of the foregoing, it is the exclusive function of the Employer to determine qualifications, classify, transfer, hire, direct, promote, demote, layoff, discipline and discharge for just cause employees and to increase or decrease or transfer working forces in accordance with the terms of this Agreement.

20.03 To determine the materials and methods to be used, design of the products to be handled, facilities and equipment required, the scheduling of work (subject to Article 17 .02) and the location of the equipment.

20.04 To determine reasonable rules and regulations to be observed by employees.

20.05 It is agreed that these functions shall not be exercised in a manner inconsistent with the express provisions of this Agreement.

ARTICLE 21 - SEVERABILITY

21.01 Should any part of this Agreement, or any provision herein contained, be rendered or declared invalid by reason of any existing or subsequently enacted Provincial or Federal legislation, or by decision of the Ontario Labour Relations Board, such invalidation of such part or provision of this Agreement shall not invalidate the remaining part or provisions, thereof; provided however, that upon such invalidation, the parties shall meet within thirty (30) days to attempt to mutually agree to amending the parts or provisions affected. The remaining parts or provisions shall remain in full force and effect.

ARTICLE22-SECURITY FOR PAYMENT OF WAGES, BENEFITS AND OTHER CONTRIBUTIONS

22.01 The Union may at any time require any Employer bound by this Agreement, who is new to the industry or who has repeatedly violated the Collective Agreement, by failing to pay to or on behalf of any person covered by this Agreement; any amounts, including any wages, vacation pay, union dues, travelling expenses, contributions to Welfare Fund, Training Fund and Pension Fund, or any other payments or financial benefits payable to the Union or to or on behalf of said employees in accordance with the terms and conditions of this Agreement, to pay the Union a sum of not less than one hundred thousand dollars ($100,000.00) or other form of security acceptable to the Union and the Association,

A Committee will be set up to work out a policy on Security for Payment of Wages. This Committee will be comprised of three (3) persons from the Employer and three (3) persons from the Union.

RCCA & LIUNA Local 183 • 2016-2019 Collective Agreement E.&O.E.

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22.02 Upon an Employer failing to make any of the payments referred to in Article 11 herein, the Union may at its own discretion file a grievance under Article 18 of this Agreement to exercise Article 22 of this Agreement.

22.03 Breach of Collective Agreement by Employer

(a) In the event that the Employer repeatedly fails or refuses to pay wages, benefits or contributions on behalf of any of his employees in the amount(s) and within the time(s) required by this Collective Agreement, the employees may refuse to work and shall have the right to picket at any of the projects where the Employer is engaged and the Employer agrees that such refusal to work or such picketing shall not constitute an unlawful strike or unlawful picketing, as the case may be, within the provisions of the Ontario Labour Relations Act or this Collective Agreement and the Employer agrees not to bring any proceedings of any kind or nature whatsoever, against any person or the Union for such conduct.

(b)

(i) Prior to undertaking to complete any work at any project where the performance of such work was commenced by another contractor, an Employer shall contact the Union to ascertain whether the previous contractor failed or refused to pay any outstanding wages or to make any outstanding employee benefit contributions on behalf of any of his employees. Upon being contacted for the aforementioned purpose by an Employer, the Union will advise the Employer, in writing, within forty-eight ( 48) hours, whether or not the previous contractor has failed to make the aforementioned payments. Should the Employer be advised in the manner prescribed, that the previous contractor is delinquent, the Employer shall not undertake to complete the work in question.

(ii) It is understood and agreed that the amount of damages to be awarded against any Employer for breach of the foregoing provisions, shall be equivalent to the outstanding wages and employee benefit contributions which were not paid or made as the case may be by the delinquent contractor.

(iii) It is further understood and agreed that no Employer shall be liable for the aforesaid damages if the Union fails to advise it of the previous contractor's delinquency in the manner prescribed herein.

RCCA & l/UNA local 183 • 2016-2019 Collective Agreement E.&0.E.

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ARTICLE 23 - NO STRIKES - NO LOCKOUTS

23.01 The Right to Honour Lawful Picket Lines: The employees of any Employer may refuse to cross a lawful picket line which has been placed at any project where the Employer is engaged and the Employer agrees that the refusal to cross such picket line shall not constitute an unlawful strike within the provisions of the Ontario Labour Relations Act or this Agreement, and the Employer agrees not to bring any proceedings of any kind or nature whatsoever, agai~st any person or the Union for such conduct.

This Article shall only apply to such picket lines established by the Union against any Employer who continues to perform work on the project.

ARTICLE 24 - SUCCESSORS AND ASSIGNS

24.01 The Union hereby agrees that it will not sign any agreement with any contractor or Employer which contains any more favourable clauses, terms or working conditions, than those set out in this Agreement and will not supply men to non-signatories.

24.02 The Employer hereby confirms that it is not carrying on associated or related activities or businesses by or through more than one corporation, individual firm, syndicate, association or any combination thereof under common control or direction that is not signatory to this Collective Agreement. For the purpose of this Article, "activities" include any activities contemplated by the purpose and intent, recognition and scope clauses of this Collective Agreement.

24.03 The parties hereto agree that the following will apply in the event that any time during the period of time that this Collective Agreement or the terms and conditions thereof continue(s) to operate. Should the Employer carry on associated or related activities or businesses by or through more than one corporation, individual firm, syndicate, association or any combination thereof, under common control or direction, with a corporation, individual firm, syndicate, association or any combination thereof that is not formally signatory to this Collective Agreement, or should the Employer sell or assign the business or any part thereof to another corporation, individual firm, syndicate, association or any combination thereof that is not formally signatory to this Collective Agreement, then:

(a) The Parties hereby agree that such associated or related activities or businesses and any corporation or other entities purchased or being assigned the Employer's business or any part thereof, will be bound by this Collective Agreement, as if they were original signatories to this Collective Agreement; and

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(b) The Employer agrees to make the Union whole in respect of any violations of the Collective Agreement by the associated or related activities or businesses, or by the corporation or other entities purchased or being assigned the Employer's business or any part thereof, retroactive to the date of such violations and including all legal costs and the costs of any arbitration or other proceedings taken by the Union to enforce this Collective Agreement.

ARTICLE 25 - EMPLOYER'S INDUSTRY FUND

25.01 Each Employer bound by this Agreement or a like Agreement adopting in substance, but not necessarily in form, the terms and conditions as set out herein, shall contribute eight cents ($0.08) for each hour earned by each employee covered by this Agreement.

The Employer shall remit such contributions along with other contributions under Articles 8, 11 and 12 to the Administrator of the Trust Funds on or before the fifteenth (15th) day of the month for which contributions were due. Such amounts, on receipt, shall be forwarded once per month to the Association as the Employer's contribution to the cost of negotiating and administering this Collective Agreement. It is understood that Industry Fund contributions are in addition to the rates as specified under Articles 8, 11 and 12. Rates may be revised on notice from the Association from time to time.

The Employer agrees to pay such taxes on the Industry Fund contributions as may be applicable.

ARTICLE 26 - LETTERS OF UNDERSTANDING

26.01 It is agreed and understood that all Letters of Understanding attached to this Collective Agreement are incorporated into and form part of this Collective Agreement.

ARTICLE 27 - DURATION, CHANGE AND RENEWAL

27.01 This Agreement shall become effective on the pt day of May, 2016 and shall continue to remain in effect until the 30th day of April, 2019 and shall be renewed tri-annually thereafter, unless either party shall furnish the other with notice of termination or proposed revision of this Agreement within ninety (90) days, but not less than thirty (30) days before the 30th day of April, 2019, or like period in any triennial year thereafter.

RCCA & L/UNA Local 183 - 2016-2019 Collective Agreement E.&O.E.

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SIGNED at Toronto, Ontario this _ /_( __ day of~Bt%[ 20 16.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives.

ON BEHALF OF: RESIDENTIAL CARPENTRY CONTRACTORS ASSOCIATION OF GREATER TORONTO

A~ PRITNAME

< ~' I , /' ~~

..... CAL ACARPENTR y ~TD. .

p~~ EXCLUSIVE CARPENTRY ENTERPRISES LTD.

p/llL 4fl!(JCf/[fll PRINT NAME

~-MATERA CARPENTRY CONTRACTORS LTD.

Et?&-J1t-D~,~-ttJa.<..o PRINT NAME

RCCA & l/UNA Local 183 - 2016-2019 Collective Agreement E. & O.E.

ON OEHA LF OF: LABOURERS' INTERNATIONAL UNION OF NOR" 'H AMERICA. LOCAL 183

LUISCAARA

~J fkm&?L~ A RMANDO CAMARA

Page 21

SCHEDULE "A"

Applicable to High-Rise Residential Construction (As defined in Article 2.04 of the Main Portion of this Collective Agreement)

WAGES AND CLASSIFICATIONS

Carpenter (Journeyman):

EMPLOYEE DEDUCTIONS

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~~ )> c: ;- )> ..- )> Gl z Gl m c:o c: ;;o c: c: ..- ..--i ;;o ~ -i "Tl ;;o -i z- (J) z )> -0 z;;: ~);! m;i<; ::!! z (J) (") 0 m-i m ..- )> mm cRl a z ..- ~ 09 (J) z 0 c -i ~ ~o ;;o Gl ..- -0 ~

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1-May-16 38.55 3.85 I 2.65 0.60 0.50 7.50 0.20 0.10 0.05 54.00 3% 0.40 0.08 54.08 1-May-17 39.18 3.92 I 2.90 0.60 0.60 7.60 0.20 0.10 0.05 55.15 3% 0.40 0.08 55.23 1-May-18 40.45 4.os I 3.15 I o.60 I 0.10 7.70 0.20 0.10 0.05 57.00 3% 0.40 0.08 57.08

Employer's Industry Fund, as per Article 25.01 is eight cents ($0.08) per hour.

Working Foreman:

Lead Hand:

First Term Apprentice:

2"'1 Term Apprentice:

3rd Term Apprentice:

4111 Term Apprentice:

A Worki ng Foreman shall receive a premium of ten percent (10%) per hour over the above-noted Carpenter (Journeyman) rate as set out above.

A Lead Hand shall receive a premium of five percent (5%) per hour over the above-noted Carpenter (Journeyman) rate as set out above.

(1800 hours - Fifty percent (50%) of Journeyman's hourly rate)

( 1800 hours - Sixty percent (60%) ofJourneyman's ho urly rate)

(1800 hours - Seventy percent (70%) of Journeyman's hourly rate)

(1800 hours - Eighty-fi ve percent (85%) of Journeyman's hourl y rate)

RCCA & l/UNll Local 183 - 2016-2019 Collective A9reeme11t E. & 0.£.

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EMPLOYEE DEDUCTIONS

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First Term 1-May-16 I 19.27 1.93 2.65 0.60 0.50 Apprentice

7.50 0.20 0.10 0.05 32.80 3% 0.40 0.08 32.88

(50%of 1-May-17 19.59 1.96 2.90 0.60 0.60 7.60 0.20 0.10 0.05 33.60 3% 0.40 0.08 33.68 Journeyman) ---

1-May-18 20.23 2.02 3.15 0.60 0.70 7.70 0.20 0.10 0.05 34.75 3% 0.40 0.08 34.83

!

Second Term 1-May-16 23.13 2.31 2.65 0.60 0.50 7.50 0.20 0.10 0.05 37.04 3% 0.40 0.08 37.12 Apprentice I ---

(60%of 1-May-17 23.51 2.35 2.90 0.60 0.60 7.60 0.20 I 0.10 0.05 37.91 3% 0.40 0.08 37.99 Journeyman) !

1-May-18 24.27 2.43 3.15 0.60 0.70 7.70 0.20 0.10 0.05 39.20 3% 0.40 0.08 39.28

- --Third Term 1-May-16 26.98 2.70 2.65 0.60 0.50 7.50 0.20 0.10 0.05 41.28 3% 0.40 0.08 41.36 Apprentice .. --·----·-------- ---- ·--· -----

(70%of 1-May-17 27.43 2.74 2.90 0.60 0.60 7.60 0.20 i 0.10 0.05 42.22 3% 0.40 0.08 42.30 Journeyman)

1-May-18 I 28.32 2.83 3.15 0.60 0.70 7.70 0.20 0.10 0.05 43.65 3% 0.40 0.08 43.73 I

--·--·------·------- f-·-- ·--1------ ---· - -----~------ ·-I

-- - ·---- ---------

Fourth Term 1-May-16 32.76 3.28 2.65 0.60 0.50 7.50 0.20 ! 0.10 0.05 47.64 3% 0.40 0.08 47.72 Apprentice I

(85%of 1-May-17 33.30 3.33 2.90 0.60 0.60 7.60 0.20 I 0.10 0.05 48.69 3% 0.40 0.08 48.77 Journeyman)

I i I

1-May-18 34.39 3.44 3.15 0.60 0.70 7.70 0.20 I 0.10 0.05 50.33 3% 0.40 0.08 50.41 I I !

The ratio of Apprentices to Carpenter (Journeymen) shall be set at one (1) Apprentice for every three (3) Carpenters (Journeymen) .

RCCA & l/UNA local 183 - 2016-2019 Collective Agreement E. & O.E.

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SCHEDULE "B"

a) "The Residential Low-Rise Trim Carpentry Collective Agreement" being a Collective Agreement between the Labourers' International Union of North America, Local 183 and certain contractors in the Province of Ontario.

b) "The Roads Agreement" being a Collective Agreement between the Toronto and Area Road Builders' Association and A Council of Trade Unions acting as the representatives and agent of Teamsters Union, Local 230 and Labourers' International Union of North America, Local 183.

c) "The Sewer and Watermain Agreement" being a Collective Agreement between the Greater Toronto Sewer and Watermain Contractors' Association and A Council of Trade Unions acting as the representatives and agent of Teamsters' Local 230 and Labourers' International Union of North America, Local 183.

d) "The Heavy Engineering Agreement" being a Collective Agreement between the Heavy Construction Association of Toronto and Labourers' International Union of North America, Local 183.

e) "The Forming Agreement" being a Collective Agreement between The Ontario Formwork Association and the Formwork Council of Ontario.

f) "The Apartment Builders' Agreement" being a Collective Agreement between the Metropolitan Toronto Apartment Builders' Association and Labourers' International Union of North America, Local 183.

g) "The House Builders' Agreement" being a Collective Agreement between the Toronto Residential Construction Labour Bureau and Labourers' International Union ofNorth America, Local 183.

h) "The Concrete and Drain Agreement" being a Collective Agreement between the Ontario Concrete and Drain Contractors' Association and Labourers' International Union of North America, Local 183.

i) "The Utilities Agreement" being a Collective Agreement between the Utility Contractors' Association of Ontario and Labourers' International Union of North America, Ontario Provincial District Council and its affiliated Local Unions.

j) "The Landscaping Agreement" being a Collective Agreement between certain Landscaping Contractors in Ontario Labour Relations Board Area No. 's 8 and 18 and Labourers' International Union of North America, Local I 83.

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k) "The Bricklayers' Agreement" being a Collective Agreement between the Bricklayers, Masons, Independent Union of Canada, Local I and the Masonry Contractors' Association of Toronto Inc., or the Collective Agreement between Labourers' International Union of North America, Local 183 and various independent masonry contractors in Ontario Labour Relations Board Area No.'s 8 and 18.

1) "The Building Restorations and Associated work Agreement" being a Collective Agreement between certain Building Restorations and Associated work contractors in Ontario Labour Relations Board Area No.'s 8 and 18 and Labourers' International Union of North America, Local 183.

m) "The Marble, Tile, Terrazzo & Cement Masons Agreement" being a collective agreement between The Residential Tile Contractors' Association and Labourers' International Union of North America, Local 183.

n) "The Residential Plumbing Agreement" being a Collective Agreement between various Independent Plumbing Contractors and Labourers' International Union of North America, Local 183.

o) "The Carpentry Agreement" being a Collective Agreement between The Residential Framing Contractors' Association of Metropolitan Toronto and Vicinity and Labourers' International Union ofNorth America, Local 183.

p) "The Board Area No. 9 Builder's Agreement" being a Collective Agreement between the Durham Residential Construction Labour Bureau and the Labourers' International Union of North America, Local 183

q) "The House Basements Agreement" being a collective agreement between the Low­rise Forming Contractors Association of Metropolitan Toronto and Vicinity and the Union.

r) "The Labourers' Distribution Pipeline Agreement for Canada" being a collective agreement between Pipe Line Contractors Association of Canada and Laborers International Union ofNorth America.

s) "The Labourers' Mainline Pipeline Agreement for Canada" being a collective agreement between Pipe Line Contractors Association of Canada and Laborers' International Union of North America.

t) "The Fencing Agreement" being a collective agreement between various independent fencing contractors and the Union.

u) "The Oshawa Signatories Collective Agreement" being a Collective Agreement between various Civil Construction contractors and the Labourers' International Union ofNorth America, Local 183.

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SCHEDULE "C"

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.

/ .. fe)- ' \ ----- --· ? _,_ . .,,.., .. - ...

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RCCA & LIUNA Local 183 • 2016-2019 Collective Agreement E.&O.E.

0 c::: ~ ,_ z 0 UJ ..... ~

Page26

Between:

LETTER OF UNDERSTANDING NO. 1

Residential Carpentry Contractors Association of Greater Toronto (the "Association")

-and-

Labourers' International Union of North America, Local 183 (the "Union")

RE: Labour Supply for Unionized Builders

WHEREAS the Union and the Association are parties to a Collective Agreement covering particular construction work; and

WHEREAS the Union has entered into Collective Agreements with Various builders which contain subcontracting protection with respect to some or all of the work which is set out in the Collective Agreement between the Union and the Association; and

WHEREAS both the Union and the Association recognize the value of the above­noted subcontracting protection to their relationship and to their industry and further recognize, that in view of the above-noted subcontracting protection, there is a need to ensure that unionized builders have access to skilled Union members at all times;

NOW THEREFORE the parties agree as follows:

1. Where members of the Union are performing work for an Employer who is bound to the Collective Agreement on a job site or project of a builder which is not in contractual relations with the Union then, the Union is at any time entitled to provide written notice to the Employer that any and all of the Union members are required to work on a job site or project of a unionized builder;

2. Upon the receipt of such notice the Employer must grant a temporary leave of absence to any such employees who the Union has requested report to work for an employer working on a job site or project of a builder who is in contractual relations with the Union;

3. When the employees in question are no longer required to work on such job sites, they will return to their employment with their former Employer and will be assigned to any work within their classification on any project under the

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Collective Agreement including any work which is being performed by an employee who, subsequent to the temporary leave, was hired by the Employer to perform any work within the said classification on any project covered by the Agreement or which is being performed by an employee who was transferred or otherwise assigned to perform any work which the employee was performing on the project at which he was engaged at the time of his temporary leave.

4. The Parties agree that this Letter of Understanding forms part of the Collective Agreement which is binding upon them and is enforceable as such.

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Between:

LETTER OF UNDERSTANDING NO. 2

Residential Carpentry Contractors Association of Greater Toronto (the "Association")

- and-

Labourers' International Union ofNorth America, Local 183 (the "Union")

RE: No Inferior Agreements

The Parties agree that in the event that an Employer which is not a member of the Association desires or is required to enter into a collective agreement and/or any agreement with the Union, then the Union agrees that the specific and individual terms and conditions of that collective agreement and/or any agreement will in no way be more beneficial to the Employer than the specific and individual terms and conditions of the collective agreement and any agreement with the Association.

The Parties agree that this Letter forms part of the Collective Agreement and may be enforced as such.

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Between:

LETTER OF UNDERSTANDING NO. 3

Residential Carpentry Contractors Association of Greater Toronto (the "Association")

- and-

Labourers' International Union of North America, Local 183 (the "Union")

RE: Training Program

WHEREAS the Union and the Association are parties to a Collective Agreement covering particular construction work;

AND WHEREAS the Union and the Association are each individually and together committed to improving the standard of work in the industry;

AND WHEREAS the Union participates, along with a number of construction employer associations, in the Local 183 Life Long Learning Centre and/or Local 183 Rehabilitation and Training Centre, an independent institution dedicated to providing high quality skills development, health and safety and other training to construction employees;

NOW THEREFORE the parties agree as follows:

I. The parties hereby confirm their mutual belief that further access to skills development and training programs by persons entering the industry and performing work covered by the Collective Agreement will serve to improve the standard of work in the industry;

2. To this end the parties agree to establish a committee made up of three (3) representatives each from the Association and the Union;

3. The committee shall have the mandate to develop all aspects, including curriculum, criteria and evaluation methods, of a training programme designed to improve standards and meet the skills development needs of the industry;

4. This committee shall meet as necessary and agreed to by its members, but in any event, no fewer than three (3) times per year, and shall develop such proposals, materials and methods as it deems appropriate; which shall, upon approval of the Association and the Union, shall be presented to Local 183 Life Long Learning Centre and/or Local 183 Rehabilitation and Training Centre;

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5. The committee will continue to work with the Local 183 Life Long Leaming Centre and/or Local 183 Rehabilitation and Training Centre, with the aim of implementing the training and skills development programme to the benefit of the industry, the parties and the participants;

6. While the Parties cannot as of the date of the execution of this letter, predict with certainty the timeline to which the committee will work, or the particular outcome, the parties hereby affirm their mutual commitment to make best efforts to attempt to implement a training course prior to the expiry of the Collective Agreement in 2019.

The parties agree that this Letter forms part of the Collective Agreement and may be enforced as such.

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LETTER OF UNDERSTANDING NO. 4

Between:

Residential Carpentry Contractors Association of Greater Toronto

(the "Association")

-and-

Labourers' International Union of North America, Local 183

(the "Union")

Remittances and Contributions

The parties agree that during the lifetime of the Agreement the Union shall have the right, at any

time, to require the Employer to change the amount of contributions to any of the employee benefit

funds including the Pension Fund, set out in this Collective Agreement, or which may be

established hereafter by the Union, by transferring any portion of wages and/or the contributions

required to be made to any particular employee benefit fund (now existing or existing in the future),

other than the Industry Fund, to any other employee benefit fund, including the Pension Fund,

(now existing or existing in the future) provided that there should be no increase in the total

monetary contributions, including wages, required to be made under this Agreement.

The Union shall provide written notice to the RCCA in advance of contributions to Article 11

being amended, and prior to modifying the corresponding monetary package schedule to reflect

the change. The Union shall not create new funds and/or transfer funds without advising the

Association.

The parties agree that this Letter forms part of the Collective Agreement binding upon them and may be enforced as such.

RCCA & l/UNA Local 183 • 2016-2019 Collective Agreement E.&O.E.

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LETTER OF UNDERSTANDING NO. 5

Between:

Residential Carpentry Contractors Association of Greater Toronto

(the "Association")

-and-

Labourers' International Union of North America, Local 183

(the "Union")

Name of Labourers' International Union of North America, Local 183 ("Local 183 '?

The parties agree that, during the term of this Collective Agreement, Local 183 has the right to,

and may, change its name.

The Employer agrees that upon written notice from Local 183 that it has formally changed its

name, Local 183, under its new name, will enjoy all status, rights, obligations and privileges under

this Collective Agreement and otherwise, and shall be recognized by the Employer as the same

union as under its previous name.

The parties agree that this Letter forms part of the Collective Agreement binding upon them and

may be enforced as such.

RCCA & LJUNA Local 183 - 2016-2019 Collective Agreement E.&O.E.

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LETTER OF UNDERSTANDING NO. 6

Between:

Residential Carpentry Contractors Association of Greater Toronto

(the "Association")

-and-

Labourers' International Union of North America, Local 183

(the "Union")

RE: Ability to Compete - Low Rise

The Union understands that Contractors bound to this High Rise Agreement have

expressed a desire to bid on work under the Low Rise Agreement but are unable to do so on a

competitive bases based on the terms set out in the High Rise Agreement.

On a case by case basis, the Union agrees to meet and discuss with any Contractor bound

to the High Rise Agreement and/or the RCCA the possibility of granting relief regarding monetary

and/or non-monetary terms so as to allow them to compete on low rise work.

The Union reserves its right to grant relief in its sole and exclusive discretion.

Notwithstanding the binding effect of the Low Rise Agreement and the terms contained therein,

no union member covered under this High Rise Agreement sha11 be required or forced to work

under the Low Rise Agreement without his/her prior consent and the prior written consent of the

Union.

The parties agree that this letter forms part of the Co11ective Agreement and will be

enforced as such.

RCCA & LIUNA Local 183- 2016-2019 Collective Agreement E.&O.E.

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