COLLECTIVE AGREEMENT This Agreement made ......by the Union and who may in such negotiations be...

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COLLECTIVE AGREEMENT This Agreement made BETWEEN: GRAYMONT WESTERN CANADA INC. EXSHAW PLANT (Hereinafter called the "Company'') AND ALBERTA REGIONAL COUNCIL OF CARPENTERS AND ALLIED WORKERS, LOCAL UNION NO. 2010 (Hereinafter called the "Union") 1

Transcript of COLLECTIVE AGREEMENT This Agreement made ......by the Union and who may in such negotiations be...

  • COLLECTIVE AGREEMENT

    This Agreement made

    BETWEEN:

    GRAYMONT WESTERN CANADA INC. EXSHAW PLANT

    (Hereinafter called the "Company'')

    AND

    ALBERTA REGIONAL COUNCIL

    OF CARPENTERS AND ALLIED WORKERS,

    LOCAL UNION NO. 2010

    (Hereinafter called the "Union")

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  • TABLE OF CONTENTS

    ARTICLE 1 INTERPRETATION 3

    ARTICLE2 PURPOSE OF AGREEMENT 3

    ARTICLE3 LEGALITY OF TERMS 3

    ARTICLE4 RECOGNITION 3

    ARTICLES UNION COMMITTEE 4

    ARTICLE6 BULLETIN BOARDS 4

    ARTICLE7 CONDITIONS OF EMPLOYMENT 4

    ARTICLES OVERTIME REGULATIONS 5

    ARTICLE9 WORK ON SATUTORY HOLIDAYS 7

    ARTICLE 10 LICENCES 8

    ARTICLE 11 BULK LOADING 8

    ARTICLE 12 SENIORITY OF SERVICE 8

    ARTICLE 13 SUSPENSION AND DISCHARGE 11

    ARTICLE 14 GRIEVANCES 12

    ARTICLE 15 LEA VE OF ABSENCE 13

    ARTICLE 16 COLLECTIONS FROM EMPLOYEES 13

    ARTICLE 17 VACATION WITH PAY 13

    ARTICLE 18 WAGE RATES 14

    ARTICLE 19 STRIKES AND LOCKOUTS 16

    ARTICLE20 SAFETY 16

    ARTICLE21 WORK SCHEDULE 16

    ARTICLE22 MEMBERSHIP AND UNION DUES 18

    ARTICLE23 HEALTH AND WELFARE 18

    ARTICLE24 NO CONTRACTING 18

    ARTICLE25 QUALITY 20

    ARTICLE26 TERM OF AGREEMENT 20

    APPENDIX "B" COMPRESSED WORK SCHEDULE 23

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  • ARTICLE 1 INTERPRETATION:

    1.01 This Agreement shall apply to all employees of the Company at the Kananaskis Plant and Quarry, save and except office staff, laboratory staff, supervisory staff, and persons above the rank of supervisor.

    ARTICLE2 PURPOSE OF AGREEMENT:

    2.01 Whereas the parties agree that it is mutually beneficial and desirable to arrange and maintain working conditions, to obtain efficient operations to protect the safety and health of employees, and to provide a mechanism for the adjustment of disputes which may arise between the parties hereto. It is the desire of both parties to \Vork together harmoniously in pron1oting their 1nutual interest in the 1naintenance of efficient operations in the Company's plant. Therefore, the Parties agree as follows:

    2.02 The Union agrees to instruct its members and the Company agrees to instruct its Supervisors concen1ing the tenns of this agreen1ent. Both parties agree to respect each other's rights and to assu111e their obligations accordingly.

    2.03 Both parties agree to endeavor to provide an atmosphere \Vhere trust, co-operation and 1nutual respect bet\veen e1nployees and management is encouraged.

    2.04 Unless mutually agreed by the parties, any other agreements not included in this document, whether written, verbal or itnplied, are considered expired and not in effect for the term of this agreement.

    ARTICLE3 LEGALITY OF TERMS:

    3.01 This Agreement shall be subject to any and all Federal and Provincial laws, Orders-in-Council, decrees or regulations of Govemn1ent bodies having jurisdiction in such tnatters. If any clause, sentence, paragraph or section of this Agreement is found or detertnined to be in violation of any existing la\v or any law hereafter passed, then and in that event the parties agree to inunediately renegotiate said clause, sentence, paragraph or section in order that the sa1ne nlay conforn1 to any existing la\v. It is expressly agreed that every other clause, sentence, paragraph and section shall remain in full force and effect irrespective of the finding that said clause, sentence, paragraph or section is declared to be invalid.

    3.02 As used in this Agreement, all previous or following reference (e.g. he, his, they, their) shall be deemed to include the fe1ninine as \Vell as the 111asculine.

    3.03 In applying any provision of this agreement, the following definitions shall apply:

    • "Business Days" shall be any standard business days (Monday through Friday) excluding weekends and Holidays.

    • "Working Days" shall be defined as the scheduled working days of the affected employee.

    ARTICLE4 RECOGNITION:

    4.0 I The Company recognizes the Union as the sole bargaining agent for all employees at its Kananaskis Plants and associated Quarries in the Gap save and except the office staff, laboratory staff, supervisory staff, and persons above the rank of supervisor. The Co1npany agrees that supervisory staff \Vill not under nor1nal circumstances take the place of nor perform the duties of members of the bargaining unit. It is understood that supervisory staff may instruct, inspect, or in the case of e1nergency take action necessary to avoid injury, loss of life, or loss to property, material or machinery.

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  • 4.02 Company and the Union agree to create a Union/Management committee that will meet on a monthly basis (\vith the exception of sununer vacation period and Christmas holiday season).

    4.03 (a) In the interest of strean1lining operations, increasing production and efficiency, the Union agrees that the Company may establish centralized control of plant operations at a location designated by the Company. Employees employed at that centralized control operation, unless such operation is established within the Province of Alberta, shall not be bargaining unit employees for any purpose and shall not be covered by any provision of this Agreement.

    (b) In the event the Company determines to establish such centralized control of operations outside the Exshaw Plant, the Company shall notify the Union no less than 90 days prior to the implementation date of such operations.

    Employees who have their positions abolished by the establishment of centralized control of operations outside the Exsha\v Plant lvill, at their choice, either:

    i. Displace other less senior employees (other than maintenance employees) in another bid position if they have the skills and abilities necessary for that job. If the employee is not fully qualified for the job, he will be entitled to the regular training period for that job. Employees \Vho bun1p to another position \Vill have their current \Vage rate red circled at the time of abolishment until they successfully bid on another positiou, up to a maximum of four (4) years from the date their job was abolished; or

    ii. Becon1e a Laborer and lvill have their current \vage rate red circled at the tin1e of abolishn1ent until they successfully bid on another position, up to a maximum of four (4) years from the date their job was abolished.

    (c) In the event the Company determines to establish centralized control of operations outside of the Exshaw Plant, the Company may nonetheless continue to employ within the bargaining unit employees \Vhose prhnary duties shall include operation of processes if requested to do so.

    ARTICLES UNION COMMITTEE:

    5.01 For the purpose of such negotiations as may from time to time be necessary between the Company and the Union upon all matters involved in collective bargaining \Vith its employees, the Union shall be represented by a committee of three (3) or a quorum of two (2) employees whose names shall be advised to the Company by the Union and who may in such negotiations be accompanied and assisted by a duly elected or appointed official of Alberta Regional Council of Carpenters and Allied Workers, Local Union No. 2010. The Company agrees that it \vill arrange to be represented at 1neetings \Vith the representatives of the Union for the purpose of such negotiations at such time and place as may be reasonably requested by the Union.

    5.02 The Company agrees to pay the regular wages which may be lost by the above Union committee as a result of negotiating the renewal of this Agreement.

    ARTICLE6 BULLETIN BOARDS:

    6.01 The Company agrees to provide bulletin boards ofreasonable size at both Plants and Quarry for the exclusive use of officials of the Union for posting notices, such notices to bear the logo of the Union and the signature of the proper officials.

    ARTICLE7 CONDITIONS OF EMPLOYMENT:

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  • 7.01 HOURS OF WORK - DAY WORKERS

    For those employees on a steady day shift the working hours shall consist of:

    (a) One (1) week's work shall consist of forty (40) hours Monday through Friday. The working day shall consist of eight (8) hours, beginning between 6:30 a.m. and 8:00 a.m. and ending eight and one-half (8 1/2) hours later with one-half(l/2) hour off for lunch.

    Lunch break shall be taken between 11 :00 a.m. and 1 :00 p.m.

    For operating crew employees that are requested to perform continued operation on their jobs, the working day shall consist of eight (8) hours, beginning between 6:30 a.m. and 8:00 a.m. and ending eight (8) hours later with one-half(l/2) hour paid for lunch.

    (b) Where, due to the nature of regular or routine work, it is essential for the Company to require scheduled work to cover weekends (Saturday and Sunday) the Company may, on giving forty-eight ( 48) hours notice (two working shifts), require changes in schedule to cover such weekend work.

    7 .02 HOURS OF WORK - SHIFT WORKERS

    For operating cre\vs and maintenance personnel on shift \Vork the \Vork hours shall consist of:

    (a) The normal work week shall consist of forty (40) hours made up of five (5) shifts of eight (8) hours each. There shall be not more than twenty (20) normal shifts in any consecutive four (4) week period. The normal working day for shift workers shall be: day shift beginning between 6:30 a.m. and 8:00 a.m., afternoon shift beginning between 2:30 p.m. and 4:00 p.m., night shift beginning between 10:30 p.m. and 12:00 a.m., and ending eight (8) hours later.

    (b) At least forty-eight (48) hours notice of change of shift will be given both ways to shift workers and in the event such notice is not given, double (2) times the regular rate will be paid for the first shift following change \Vithout notice.

    7.03 Assigned work schedules must be maintained by employees and any proposed interchange of working hours bet\veen etnployees (such changes shall not involve the Company in payn1ent of any overtime) n1ust be reported in \vriting to the supervisor in charge for rejection or approval. A minimum of twenty-four (24) hours notice in \Vriting must be given. Approved shift interchange is dee1ned a change in the work schedule.

    7 .04 If employees are not notified before the end of their shift not to report for their next regular shift then a minimum of four (4) hours work will be provided for that next shift or four (4) hours pay at that en1ployee's regular rate \vill be given in lieu thereof.

    7.05 Once an employee commences work on a regular shift not less than eight (8) hours work will be provided.

    7.06 If an employee with less than two (2) years seniority is to be laid off for a period longer than one (1) week, the employee must be so notified at least seventy-two (72) hours (three working shifts) prior to such lay-off. For those employees with more than two (2) years seniority one (1) week notice will be given. In the event such notice is not given twenty-four (24) or forty (40) hours pay respectively at the employee's regular rate will be given in lieu thereof.

    7.07 There will be a ten (10) minute coffee break in the morning. An employee will be entitled to an additional ten ( 10) minute coffee break at the end of their regular eight (8) hour shift when they have been requested to work a minimum of two (2) hours overtime. The break period may be scheduled differently upon mutual agreement.

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  • 7 .08 When requested to do so the Company will pay a kilometer allowance to an employee requested to use his vehicle on Con1pany business as per the Con1pany policy. For the tenn of this agree1nent, \vhen the kilon1eter a1nount is established, that an1ount cannot be rescinded by the Cornpany for a lesser an1ount.

    7.09 Employees shall be at their work station ready to work at the beginning of their shift. They shall remain at their "\Vork station until the end of their shift.

    ARTICLES OVERTIME REGULATIONS:

    8.01 Overtin1e \Vork shall be offered according to the most recent overtin1e distribution agreen1ent. En1ployees are expected to work overtime but may refuse for legitimate personal reasons without penalty except that en1ployees on continuous operating jobs (kilns) must re111ain on the job until relieved to a 111axin1u1n of a sixteen (l 6) hour shift. If employees who were offered the overtime are unable to perfonn the requested overtime, the Company may at its option assigned the overtime to be perfonned by qualified employees in reverse order of seniority.

    Overtime & Relief Distribution Agreement:

    It is agreed, overtime shall be approved by management and will be distributed according to the following guidelines:

    I. Overtime work shall be offered fust to holders of the bid class involved and according to the equalization chart, \Vith the following exceptions:

    a. When four (4) hours or less of over time required and qualified employees are are already on site, that overtime will be offered first to those employees at the end of their shift.

    b. When an employee has filled in on a bid job for three (3) or more shifts during the week, that employee will become entitled to the available overtime on that job for that week, according to the equalization chart.

    2. Employees entering a te1nporary or pern1anent bid filling in on a job returning fron1 vacation, illness, or leave in excess ofhvo (2) \Veeks, \Vill have their overtitne hours averaged at that titne.

    3. The bagger operator and forklift operator bid class include operators from both the lime plant and calciun1 plant. There is no difference bet\veen plants \Vhen overtitne is being offered, overtitne will be offered according to bid class and the equalization chart.

    4. Employees performing Relief/Fill in work must stay on the job until the employee he/she is relieving returns to that job.

    5. The vacation relief sign up sheet will be posted every 6 months for November l" and May!". During those six months this sheet will continue to be a valid relief list of employees to schedule for coverage. If an employee on this sign up sheet decides not to relieve any longer they can request in writing to have their name removed from the list. It is the responsibility of the employee to have his/her name added to the vacation relief list. At times a person on the vacation relieflist who is trained on a job may be assigned to do that job according to seniority.

    6. If employees are passed over for over tin1e distribution, they shall remain first on the equalization list without penalty for declining subsequent over time offer(s) until equivalent hours are accepted within the next 60 days.

    8.02 Work in excess of eight (8) hours midnight to midnight shall be deemed as overtime. Work in excess of eight (8) consecutive hours will be deemed as overtime. Work in excess of forty (40) hours in one (l) \Veek shall be deemed as overtime.

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  • Week shall mean a seven (7) day period commencing with Sunday and tenninating on the following Saturday. Overtime shall be paid at a rate of double (2 times) the regular hourly rate with the following provisions:

    (a) Both daily and weekly overtime shall not be paid for the same hours.

    (b) Shift differentials, if any are applicable, shall not be increased in any manner by reason of the fact that such \Vork is perforn1ed on overtitne.

    When overtime is required, a minimum of one-half (1/2) hour at overtime rates will be paid.

    A Statutory Holiday which falls on an employee's scheduled work day shall be considered part of the forty (40) hour week for the purpose of calculating overtime.

    8.03 Where employees have been called out to work after having completed their scheduled shift, provided it is not a scheduled shift change, or has not been assigned as a change in shift, and provided it is within a sixteen (16) hour period from the time they completed their scheduled shift, they shall be paid the overtime rate for not less than four (4) hours. This applies to employees who are called out after their scheduled shift and works four (4) hours or less or employees who have punched out regardless of whether or not they have left the premises.

    It is understood that in the event of a call-out, no duties will be added for the purpose of making up time, except \Vhen another emergency occurs after notice has been given or after the en1ployee has started \Vork and before the originally specified purpose call-out has been completed.

    8.04 a) Any employee called out on their scheduled days off shall be paid the overtime rate ..

    b) An employee requesting \Vork to n1ake up for lost titne, inust have their immediate supervisor's prior approval and shall be paid regular rates if the work is approved. Regular work will not be disturbed by this arrangement.

    8.05 For hours worked on Sundays:

    • Double (2) times the regular rate will be paid for all scheduled hours. • Two and one half (2 1/2) times the regular rate will be paid for all overtime worked. • Triple (3) times the regular rate will be paid on the scheduled day off of an employee working a

    compressed work schedule. 8.06 When an employee works unscheduled (without being asked 24 hours before the overtime is performed)

    overtime immediately after the end of his regular shift, he shall be provided with a one half (1/2) hour meal break with pay after two (2) consecutive hours of overtime;

    • The Company will supply them with a hot meal ordered from the closest restaurant available, in this case the company will pay a maximum of $17 .00 for the meal plus reasonable cost for delivery;

    • Or receive a seventeen dollars ($17.00) meal allowance.

    ARTICLE 9 WORK ON SATUTORY HOLIDAYS:

    9.01 The following thirteen (13) days shall be observed as Statutory Holidays:

    New Years Day Family Day Good Friday Victoria Day

    January !st Third Monday in February

    i.e. First Monday preceding May 25th

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  • Canada Day Stampede Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day One Floating Holiday

    July 1st Second Friday in July First Monday in August First Monday in September Second Monday in October November I Ith December 25th December 26th

    9.02 Not more than two (2) employees will take the Floating Day at the same time without prior written authorization to ensure sufficient coverage and at least two (2) weeks notification will be provided by the employee prior to his observing this Holiday.

    9.03 All workers who have worked their regular shifts immediately before and after the above Holidays but do not work on these Holidays will receive one (1) day's pay at regular rates for that Holiday. Those workers who have worked their regular shifts immediately before and after the above Holidays and are required to work on these Holidays shall receive in addition, pay at two (2) times the regular rate for the first eight (8) hours worked and they will receive three (3) times the regular rate for work performed in excess of eight (8) hours.

    9.04 Employees who work on a Statutory Holiday which is their regular day off, will receive two and one-half (2 Yi) times their regular rate of pay for the first eight (8) hours

    9.05 Any employees failing to tum out for their regular shift (other than for proven sickness, death in the immediate family, or approved leave of absence) immediately before or after such holidays will not qualify for the holiday pay as provided above. If a Statutory Holiday falls during an employee's allllual vacation they will receive an additional day off with pay. If a Statutory Holiday falls on a Saturday or Sunday, it will be observed on the Friday or Monday

    9.06 In the event the Provincial or Federal government proclaim an additional public holiday, such holiday will be added to this Article, provided such holiday is not listed above and further provided that such proclaimed holiday is not a substitute or a replacement for any present legislated holiday.

    9.07 Any employees working a shift schedule whose day off falls on a Statutory Holiday will observe this holiday in lieu on the first day of work following. This does not apply to employees working on a compressed work schedule. When a Statutory Holiday falls in the vacation period of a compressed work schedule employee, on a day which is their regular day off, they are entitled to an additional day off.

    ARTICLE 10 LICENCES:

    10.01 The Company agrees to pay all Provincial Licences necessary to the employees in the continuing performance of their job, with the exception of Motor Vehicle Licences

    ARTICLE 11 BULK LOADING:

    11.0l Bulk loaders will be scheduled to work day shift and afternoon shift Monday through Friday as per operational requiren1ent.

    ARTICLE 12 SENIORITY OF SERVICE:

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  • 12.01 The Company accepts the principle of seniority of service. This principle shall, in the Company's relations with its employees, be applied as follows:

    12.02

    In all cases of providing training, bidding on a posted job in the bargaining unit, reduction of work forces and recall after layoff, the following factors shall be considered:

    (a) Seniority.

    (b) Ability to perform the work; in respect to any job whether skilled or unskilled, the standard of ability is \Vhether or not the en1ployee can meet the reasonable requirement of job performance in tern1s of both quality and quantity.

    (c) Physical fitness.

    All vacancies exceeding three (3) weeks, including temporary or new positions, will be posted for a period of five (5) working days before any appointment, to give employees an opportunity to apply for such position. The results of such bids will be posted within five (5) working days of the close of bid. The successful applicant for a posted job must be put on the job immediately, provided the job is in operation, and in any event as soon as the vacancy their transfer creates has been filled through the nomrnl procedure described in this Article. The successful applicant will be given the appropriate training. After ninety (90) days the holder of a temporary bid job may request that this job be re-posted. Temporary bids will be reposted after a period of six (6) months from the date the employee was awarded the position.

    12.03 (a) An employee who has bid on a vacant job and is the successful applicant has the right to refuse the bid job within a five (5) day period on the job subsequent to the training period. This provision will not apply to an employee who has held a bid in the same position within the previous two (2) years. If the job is refused within the five (5) day period on the job, the employee will not be eligible to apply for future postings on that job classification and the Company will have the right to make subsequent selections fron1 the original posting.

    (b) For the position of Kiln Fire1nan, Temporary Kiln Firen1an, only Kiln Fireman's Helpers or employees trained as Kiln Fireman's Helpers with High school diploma can apply.

    For the position of Temporary PLS Plant operator, only trained PLS Plant Helpers can apply.

    For the position PLS Plant Operator, Hydrate Operator, Kiln Helper, and Plant Utility Man, preference will be given to employees with a High school diploma

    (c) The successful applicant for a posted job will be given a training period of four (4) consecutive weeks or four (4) rotations (for compressed work schedules) for a PLS Plant operator, eight (8) consecutive weeks or eight (8) rotations (for compressed work schedules) for a Kih1 Fireman and Plant Utility Man, and all other positions will be given a training period of two (2) weeks or two (2) rotations (for compressed work schedules). If the selected applicant is unable to learn the job during the training period such applicant shall be returned to their former position. All others changed by reason of such assigrunent shall be returned to their former position.

    ( d) An employee who is awarded a Kiln operator position cannot bid on a lesser paid position unless he has held the kiln operator bid position for more than l year after the end of his training;

    An employee \Vho is a\varded a journeyman position or is hired asjoumeyn1an, cannot bid on a lesser paid position unless he has held the journeyman position for more than 4 years;

    An en1ployee, \Vho is accepted on an apprenticeship progratn, cannot bid on lesser paid position unless he has held a journeyman position for more than 4 years after the completion of his apprenticeship progra1n;

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  • When an employee who participated or still is in an apprenticeship program leaves the Company before having completed a full four (4) years of service following the completion of the apprenticeship, he n1ust reitnburse the Con1pany as per the follo\ving schedule:

    • before he completes a year of service following the completion of the apprenticeship or before completing the apprenticeship, the employee will reimburse the totality of the cost incurred by Grayn1ont to subsidize his apprenticeship;

    • In the second year of service following the completion of the apprenticeship, the employee will reimburse 75% of the cost incurred by Graymont to subsidize his apprenticeship;

    • In the third year of service following the completion of the apprenticeship, the employee will reimburse 50% of the cost incurred by Graymont to subsidize his apprenticeship;

    • In the fourth year of service following the completion of the apprenticeship, the employee will reimburse 25% of the cost incurred by Graymont to subsidize his apprenticeship;

    Such an employee agrees that any money owed by him to Graymont will be withheld from his final pay check.

    12.04 Seniority shall be defined as the accredited length of service attained by an employee and the Company undertakes to maintain a seniority list sho\ving the seniority status of all employees of the Company covered by this agreement and agrees to supply the Union with an up-to-date seniority list of employees every three (3) months. Union to be sent a copy.

    12.05 Employees shall serve a probationary period of ninety (90) days worked within the last twelve month period before acquiring any seniority status. Upon completion of the probationary period, they shall be credited with their length of service from first hiring date. Notwithstanding the above provisions, employees are not eligible for Statutory Holiday pay until they have completed their probationary period. At that time they shall be reimbursed for any Statutory Holidays that fall during their probationary period provided that they have fulfilled all other requirements for Statutory Holiday pay. During the probationary period any etnployee may be discharged at the con1pany1s discretion \Vithout recourse through the grievance procedure for the said termination.

    12.06 In the event of reduction of crews the employees affected shall be laid off in the reverse order of the Company's seniority) their ability to do the \Vork required being considered, and \Vhen it is necessary to increase the \Vorkforce, such forn1er etnployees shall be re-e1nployed in the reverse order in \Vhich they were laid off provided that they are able to do the work required.

    12.07 Length of service shall be detennined by the total time an employee has worked for the Company, whether or not consecutive, but employees shall not be entitled to consideration because of length of service if:

    (a) they quit voluntarily, (b) they are dismissed for cause, (c) they are absent for five (5) days without permission, (d) they do not return to work within seven (7) days after receipt of call by personal notification sent to

    then1 either by messenger or by registered 1nail to their last kt10\vn address, (e) Employees off work due to illness or injury must report their status to the Company every (5) working

    days unless hospitalized or have been given \Vritten approval from the plant 1nanager or acting plant manager.

    12.08 Seniority of service shall not be forfeited during any layoff for lack of work during the life of this agreement provided that the employee returns to work when called upon to do so unless the employee has not been called back for twenty-four (24) months excluding strikes or lockouts.

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  • 12.09 Members of the bargaining unit hired as summer students and so designated at the time of hiring will be terminated from their employment before Labour Day each year, or on such other date as agreed and identified at the time of hiring. The Union will be notified of the date above.

    12.10 If the Company requests summer student employees to stay on with the Company, their anniversary date will start at the employee's first date of hiring within the last twelve (12) months period.

    ARTICLE 13 SUSPENSION AND DISCHARGE:

    13.01 The Company reserves the right to discharge or suspend from employment any employee for just cause.

    13.02 (a) In addition to the provisions of Article 7.03, any employees failing to tum out for their regular shift, unless they advise by one (I) hour notice, their itmnediate supervisor, of their inability, for valid personal reasons, to turn out, may be subject to suspension for a period equivalent to their absence on the first such occasion and may be subject to discharge on any successive occasion occurring within six (6) months, or when any continuing absence lasts for more than two (2) days.

    (b) Employees who are absent under 13.02 (a) and who have obtained the absence under false pretences, or an e1nployee \Vho has obtained a leave of absence under false pretences, may be subject to suspension for a period equivalent to their absence on the first such occasion and n1ay be subject to discharge on any successive occasion occurring \Vithin six (6) months, or \Vhen any continuing absence lasts for more than two (2) days.

    (c) Employees observed using, selling or trading illicit drugs or alcohol on Company time or on Company property may be discharged without warning at the sole company discretion.

    13.03 The Company shall notify the employee and the Union of such discharge or suspension in writing within five (5) \Vorking days and shall furnish in \vriting the reason or reasons for such discharge or suspension.

    13.04 The Union must file an appeal in the form of a written grievance within a further five (5) working days on receiving notice of such discharge or suspension, or the right of appeal is lost. A proper appeal will be taken through the following procedure:

    Stage 1: The Plant Manager (or company representative) shall have ten (10) working days to give further consideration to the Appeal. Should the Union not accept the decision arrived at by the Plant Manager at this time or should the Plant Manager fail to give a decision within ten (10) working days, then

    Stage 2: The Union Committee (or a quorum of the Union Committee) and the Plant Manager (or designee) shall meet within ten (10) working days in an effort to settle this appeal. Should the appeal not be settled at this stage, then

    Stage 3 : It shall be referred within five (5) working days to a Board of Arbitration or an Arbitrator which may:

    (a) Uphold the Company's action;

    (b) Uphold the Union's appeal and re-instate the Griever to the employee's former position without loss of wage rate or seniority and with full pay for all time lost; or

    (c) Award such lesser penalty as the Board may deem fair and proper.

    13.05 The Board of Arbitration or Arbitrator shall be composed as provided under Article 14 of this Agreen1ent.

    13.06 It is further understood that the grievor's health, welfare and pension benefits will remain in force pending the decision of the Board or Arbitrator.

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  • ARTICLE 14 GRIEVANCES:

    14.01 For the purpose of adjusting grievances the Company shall recognize a Union Committee, consisting of three (3) employees (2 being a quorum), selected by the Union. Union Committee members may meet \Vith the Plant Manager or company representatives, as hereinafter provided, \vith no loss of pay \vhen such meetings occur during \Vorking hours.

    14.02 The Union agrees to furnish to the Company the names of the Union Connnittee members who are authorized to carry out the provisions of this Article.

    14.03 The Company and the Union agree that they will endeavour to settle the grievances as promptly as possible. All grievances shall be submitted in writing to the Plant Manager on the forms agreed upon and provided for that purpose by the Union.

    14.04 All decisions arrived at by agreement between the Management of the Company and the Union Committee with respect to grievances shall be final and binding upon the Company and the employees.

    14.05 Should a dispute arise between the Company and any employee or employees regarding the interpretation, application, operation, or any alleged violation of this agreement, the dispute resolution will be as follows:

    Stage I: The employee or employees involved shall have the right to have a member of the Union Conunittee present \Vhen presenting the employee's grievance \Vith the etnployee's supervisor \Vithin five (5) working days of the occurrence giving rise to the grievance. If not settled within five (5) working days or longer period as mutually agreed by the employee (s) and the supervisor then before but not after five (5) working days the aggrieved party must proceed to the second stage by presenting the grievance in writing to the Plant Manager (or designee).

    Stage 2: The Plant Manager (or designee) will make every effort to answer the grievance within ten (10) \Vorking days. If the ans\ver is not accepted by the union, or if no anslver is given, the Union Committee or a quorum of the Union Committee and the Plant Manager or designee shall make every effort to meet within ten (JO) working days of receipt of the answer (or date that the answer was due if no anslver \Vas given). The Plant Manager or designee shall endeavor to provide an ans\ver to the grievance within five (5) working days after such meeting. If the answer is not accepted by the Union or if no response is provided within five (5) working days of the meeting, the aggrieved party must notify the other party in writing of its desire to proceed to Stage 3 within five (5) working days of receipt of the ans\ver (or of the date the ans\ver "\Vas due if no ans\ver \Vas provided).

    Stage 3: The Company and the Union shall endeavor to select a Board of Arbitration to consist of a nominee of the Company, a nominee of the Union, and a third member \vho shall act as chairperson to be selected by the two (2) other nominees. Should the representatives of the Company and the Union fail in their efforts to agree on the selection of a chairperson, the Alberta Labour Relations Board shall be requested to appoint the chairperson.

    The parties may, by mutual agreement, select a single Arbitrator as an alternative to a Board of Arbitration. Should the Company and the Union fail in their efforts to agree on the selection of an Arbitrator, the Alberta Labour Relations Board shall be requested to appoint an Arbitrator.

    14.06 Arbitration proceedings are to be completed as quickly as possible (not later than fourteen (14) days from date of appointment) and the decision of the Arbitration Board or Arbitrator shall be final and binding on both parties.

    14.07 Each party shall pay the expenses of the member of the Board of Arbitration chosen by it and all expenses incurred in cotll1ection \Vith the presentation and preparation of its o\vn case, provided that the parties shall bear in equal share the expenses of the Chair of the Board or Arbitrator.

    12

  • 14.08 In the meantin1e, in all cases other than suspension or discharge, \vhile disputes are being investigated and settled, the en1ployee or en1ployees concerned, and all other parties involved, 1nust continue to \Vork pending investigation until a final decision has been reached.

    14.09 The procedure for settling disputes set out in this Article shall be strictly adhered to and cannot be waived or extended except by written agreement of both parties to a specific date. Where a party fails to proceed to any step in this procedure within the time limited therefore, the employee shall be deemed to have conceded the grievance in favour of the other party, but where a dispute involves a question of general application the Company and the Union may agree to by-pass stages one (I) and two (2).

    ARTICLE 15 LEAVE OF ABSENCE:

    15.01 Employees elected or appointed as delegates of the Union, not exceeding three (3) in number at any one titne, shall be given reasonable leave of absence \Vithout pay to enable then1 to perfom1 the duties of such offices, providing that their request for such leave of absence is transn1itted in \Vriting to the Plant Manager at least three (3) days before the first day of the period for which leave of absence is required.

    15.02 Any employee elected as a full time Union official shall, during the term of office but for not longer than the duration of this Agree1nent or any rene\val thereof, be given leave of absence \vithout pay , \Vithout benefits and \Vithout loss of seniority rights.

    15.03 Employees on Weekly Indemnity or compensation will not be entitled to bereavement leave. When requested by an employee, the Company will grant five (5) days leave of absence with pay in the event of the death of the employee's spouse, son, daughter, father or mother. The Company will grant three days leave of absence \Vith pay to attend the funeral of the en1ployee1s brother, sister, n1other-in-la\v, father-in-la\v, brother-in-la\v, sister-in-la\v, grandparents, grandparents-in-la\v, step parents, step children or grandchildren.

    15.04 Any request for leave of absence for a period longer than two (2) days must be made in writing to the plant Manager.

    15.05 En1ployees on leave of absence \Vho engage in other e111ployment or fail to report for \Vork on expiration of their leave shall be deemed to have quit voluntarily.

    ARTICLE 16 COLLECTIONS FROM EMPLOYEES:

    16.01 Collections from employees may be made in the plant for the aid of sick members, charity, wedding gifts and other deserving causes, but such collections must be approved beforehand by the Plant Manager.

    ARTICLE 17 VACATION WITH PAY:

    17.01 En1ployee's vacation pay \Vill be at their regular rate or a percentage of their gross pay from their previous anniversary date to their current anniversary of employn1ent.

    (a) Employees who have obtained seniority status prior to January 1, 1997 will have vacation entitlement and vacation pay as outlined in the following table:

    MINIMUM YEARS VACATION VACATION PAY COMPLETED: (Weeks) The greater of (A) or (B)

    (A) (B) 1 2 80 hours 4% 3 3 120 hours 6% 8 4 160 hours 8%

    16 5 200 hours 10% 30 6 240 hours 12%

    (b) Employees who obtain seniority status after January 1, 1997 will have vacation entitlement and vacation pay as outlined in the following table:

    13

  • MINIMUM YEARS COMPLETED:

    I 3

    10 20

    VACATION (Weeks)

    2 3 4 5

    VACATION PAY The greater of (A) or (B)

    (A) (B) 80 hours 4% 120 hours 6% 160 hours 8% 200 hours JO%

    17.02 For the purpose of vacation pay entitlen1ent, \Vorkers on a co1npressed \Vork schedule at the titne they take their vacation \Vill have the hours in the above table increased by t\VO (2) hours per \Veek's vacation entitlement.

    17.03 When requested at the time that vacations are allocated the Company will grant up to two (2) days leave of absence per year \Vithout pay to e1nployees \Vi th n1ore than one ( 1) year's service \Vho are \Vorking on a compressed work schedule at the time they take their vacations. The two (2) days leave of absence will be attached to their vacations.

    17.04 Employees will be entitled to at least two (2) weeks of their vacation entitlement during the period June I" to September 30th ; ho\vever, e1nployees may if they so desire, take their entire vacation entitlen1ent frotn October I" to May 31" . When scheduling permits, employees with more than thirty (30) years service may be granted an additional week of vacation in the period June I" to September 30th.

    17.05 After thirty-one (31) years of seniority an employee shall be entitled to an additional week vacation with pay.

    17.06 Employees with over one (I) year's seniority will be required to have worked:

    (a) A minimum of one thousand, one hundred (!,JOO) straight time hours from the previous anniversary date to current anniversary date to qualify for a full vacation in the following year.

    (b) For any actual straight time hours of less than one thousand, one hundred (1,100) straight time hours the vacation entitlement and vacation pay as per Article 17.01 will be calculated by applying the ratio of actual straight time hours worked divided by two thousand and eighty (2,080) straight time hours.

    17.07 Starting January F' 2005, employees will be entitled to the said vacation pay as they take their vacation on the regular pay periods. Unused vacation will be paid on the last pay period of the year.

    ARTICLE 18 WAGE RATES:

    18.01 It is agreed that the wage rates to be paid to the Company's employees under this Agreement shall be those shown under Appendix "A" attached herewith and forms part of this Agreement.

    The following Cost of Living Allowance clause will become effective only after the Consumer Price Index for Calgary, All Items, 1986 ~ JOO increases by more than I 0% in any Calendar Year, and only applies to that portion of the increase \vhich exceeds 10% in any calendar year.

    The wage rates shown in Appendix "A" are subject to quarterly adjustment due to increases in the Consumer Price Index for Calgary, All Items, 1986 ~ 100, subject to the above restriction.

    The adjustment for each quarter will provide an increase of one cent ($0.01) for each twenty-five hundredths (0.025) rise in the Consumer Price Index. The adjustment for each quarter will be added to the wages in Appendix "A" effective the first day of the following quarter.

    The change in the Consumer Price Index for an interval will be taken as the change between the second month prior to the interval and the second to the last month in the interval.

    14

  • 18.02 If work of a higher pay classification is required of an employee, the employee shall receive the higher rate of pay for a minimum of two (2) hours, but if the employee is temporarily required to do work for a lower paid classification the employee's rate of pay shall not be changed, excepting that it is understood that after a period of thirty (30) working days, if an employee is still working on the lower paid job, the etnployee's pay 1nay then be rated at the lo\ver classification thereafter until the en1ployee changes their classification of \York.

    18.03 For hours worked on afternoon shift there shall be paid a premium rate of ninety-five cents ($0.95) per hour. For hours worked on night shift there shall be a premium rate of one dollar and sixty cents ($1.60) per hour. Where an employee is called out, or a day shift worker works overtime, the applicable shift differential rate will apply for hours worked.

    18.04 Maintenance personnel will be paid a tool allowance of forty six dollars ($46.00) per month, and utility personnel will receive a tool allowance of twenty seven dollars and fifty cents ($27.50) per month. A n1inimum standard tool kit has been negotiated and \vill be 1naintained by each maintenance en1ployee and utility employee.

    18.05 Those employees holding an approved Standard First Aid Certificate and who continue to hold a valid Standard First Aid Certificate, will be paid twenty three dollars ($23.00) per month.

    18.06 Employees who have obtained seniority status and who hold and use a Blasters Certificate issued under the Quarry Regulations Act will be paid an additional two dollars and fifty cents ($2.50) above the classification for the \Vork they are perfom1ing.

    18.07 The Company agrees to provide slickers or ponchos at strategic locations for the use of quarry personnel, bulk loaders, etc.

    18.08 If a new job is created or the content of an existing job is substantially changed, the wage rate applicable shall be negotiated behveen the parties, and in the event of a failure to reach agreement \vill be subject to the arbitration procedure as contained in the Collective Agreen1ent. Any Board constituted to deal \Vith a dispute under this section shall have the power to fix the wage rate and date effective.

    There shall be deemed to have been a substantial change in a job content only when there has been a substantial altering in the amount of responsibility to be borne or in the \Vork load to be performed, or in the skill required.

    18.09 Whenever an employee replaces a Bid Class employee for a position that has not been posted, the employee will be paid the highest rate between their bid job rate and the rate of the job they are relieving.

    18.10 (a) A Trades bonus of three dollars and seventy five cents ($3.75).per hour for, Welder Journeyman Certificate) a Mill\vright Journeyn1an Certificate, Instru1nentation Technician Certificate, or Electrician Journeyman Certificate will be paid to a Class 17, Maintenance Journeyman who holds a second Certificate. This provision will also apply to employees hired prior to January 1, 2017 who hold a Master Electrician certificate.

    (b) A Trades bonus of four dollars and twenty five cents ($4.25) per hour will be paid to an en1ployee \Vho holds both Electrician Journeyman and Instrumentation Technician certificates.

    (c) In order to be paid a Trade bonus the employee must hold the appropriate bid classification or have been requested by the Company to perform duties that require the certificate or license.

    (d) New Lead Hand positions designated at the Company's discretion will receive an additional seventy five cents ($0.75) premium.

    15

  • ARTICLE 19 STRIKES AND LOCKOUTS:

    19.01 During the term of this Agreement and in consideration of the relations established by it, it is agreed that neither the Union, nor its representatives, nor any member of it, shall cause, sanction, authorize or take part in any strikes, either partial or complete, interfering \Vith or causing slo\vdo\vn, interruption or stoppage of production, nor shall the Company cause or practice any lockout, either partial or complete.

    ARTICLE 20 SAFETY:

    20.01 The Safety Committee shall meet monthly. Time lost by employees, members of the Safety Committee, in meeting \vith the Company or investigating unsafe conditions shall be considered as time \VOrked at straight tin1e, provided such n1eetings and investigations are carried out on the Company's premises.

    20.02 Should an accident occurs the Union shall have the right to be represented in any investigation that is required in respect to the accident, including investigation at the scene or a\vay :fro1n the scene of the accident.

    20.03 When an employee is involved in an accident during the performance of their duties the employee shall be paid their full day's wages for that day. The Company will pay the balance of an overtime shift at that employee's straight time regular hourly rate.

    20.04 The Company will pay thirty one dollars ($31.00) per month protective and work clothing allowance to each employee. However, gloves, including seasonal and those required for "hot \Vork" around the kilns, safety glasses, portable air purifying respirator (P APR), two-way radios and aprons will be supplied free of charge. Also, lockouts with locks will be supplied to all employees. Employees upon receipt of these supplies will sign a requisition.

    Replacen1ent \vill be n1ade for \Vom or damaged iten1s on presentation of these. If they are lost, the employee is responsible for purchasing the replacement through a deduction from wages owing by the Company, as authorized at the time of signing the request. Coveralls will be provided for each employee. The cost of the first two (2) changes per week will be borne by the Company. The cost of any additional changes above two (2) to a maximum of five changes per week will be shared fifty percent (50%) by the Company and fifty percent (50%) by the employee. The employee contribution will be deducted from the employee's \vages.

    20.05 The Company will provide each employee one pair of prescription safety glasses including UV protection after being supplied with the proper prescription. If replacement lenses or frames are required as a result of normal wear, or prescription change, the Company will supply them.

    20.06 Employees shall wear their personal protective equipment at all times in designated areas on the Company pre1nises.

    20.07 When an en1ployee is involved in a \Vork related accident that requires medical assistance, the employee must report to the itnn1ediate supervisor or the designated, im1nediately after receiving n1edical assistance unless hospitalized.

    ARTICLE 21 WORK SCHEDULE:

    21.01 The Company agrees to post the finalized working schedule for all employees not later than Wednesday for the following week and a drafted schedule for the subsequent week.

    21.02 Stand-By System

    (a) Further to general principles that:

    • emergency call out work will be first offered to employees on stand-by

    16

  • • e1nployees on standby \Vill take the place of the "least senior etnployees" for over ti1ne distribution purposes

    • prearranged overtitne \vill first be offered to e1nployees \Vho are not on stand-by

    • While employees on stand-by will not normally be allowed non-emergency overtime, they will be allowed to work for eight (8) hours a day on weekends when everyone is being asked. If an en1ployee on stand-by is \Vorking prearranged or assigned overtin1e and is required to con1plete etnergency \Vork then he \Vould be paid as if it \Vere a call-in, in addition to the hours \Vorked on overtin1e.

    Maintenance employees may be provided with a cell phone and placed on-call on a rotational basis.

    Stand-Br Period

    The stand-by period shall commence at seven (7) am on Tuesday and end at seven (7) am the following Tuesday.

    Where a holiday falls on a Tuesday, coverage will be provided by the employees on stand-by the preceding week until seven (7) am the next regular work day.

    Nu111be1· o(Eniplovees 011 Sta11d-bv

    The number of employees required to be on stand-by, will be determined by the Company from week to \Veek.

    Restrictio11s

    Only qualified maintenance employees will be required to participate in the Stand-By rotation.

    Sta11d-bv A/l0Jva11ces

    An employee required to be on stand-by will receive a Stand-By allowance of twenty five dollars ($25.00) for each weekday, thirty dollars ($30.00) for Week end days and fifty dollars ($50.00) for all statutory holidays.

    The employee will receive a $200 premium for the week for attending to all call outs

    E111ployee Obligation to Respond to Call Outs/Assigned Overti111e

    Call outs - An employee on stand-by is required to respond to all emergency call outs.

    Substitution

    An employee on stand-by may arrange to get another qualified Maintenance employee, to take his/her calls subject to management approval. Any hours worked will be charged to the employee who performs the work and to the stand-by employee for overtime calculation purposes.

    In this case if all call outs have been attended, the $200 premium will be divided as follows: • $20 for each week day • $50 for each week-end day

    E111plovee Obligation to Respond to Call Outs/Assigned Ove1·ti111e

    Call outs

    - An employee on stand-by is required to respond to all emergency call outs.

    17

  • When en1ployees receive the call, they have a 1naxitnun1 of one hour to be at the plant and ready to perforn1 the \Vork.

    ARTICLE 22 MEMBERSHIP AND UNION DUES:

    22.01 All employees within the Collective Bargaining Unit covered by this Agreement must become members, maintain membership and pay to the Union an amount equal to the initiation fee and regular monthly dues from their date of employment.

    22.02 During the lifetime of this Agreement the Company shall deduct from the pay of all employees covered by this Agreement on the first pay day of each calendar month a fixed sum of money equivalent to the monthly dues, initiation fees and assessments directed in \Vriting by the Union, and shall retnit san1e \Vithin fifteen (15) days of the deduction to the Financial Secretary of the Union. The said sum shall be accepted by the Union as the regular monthly dues, fees or assessments of those employees who are or shall become members of the Union and the sums so deducted from non-members of the Union shall be treated as their contribution to\vards the expense of n1aintaining the Union.

    ARTICLE 23 HEALTH AND WELFARE:

    23.01 HEALTH CARE AND EXTENDED MEDICAL

    The Cotnpany agrees to 111aintain health and extended medical insurance coverage equivalent to the existing plans.

    23.02 WEEKLY INDEMNITY

    The Weekly Indenmity will provide coverage of seventy percent (70%) of the employee's regular straight time hourly rate to a maximum of nine hundred dollars per week ($900.00/week) for a period of twenty-six (26) weeks. The waiting period for an insurance claim to commence is three (3) days excluding days off and holidays. An employee becomes eligible on the first day following the waiting period. The Company agrees to reimburse the employee for each of the three (3) days waiting period by an amount equal to one seventh (l/7) of that weekly amount when an employee claim is accepted.

    23.03 GROUP LIFE AND A.D.&D.

    The Company will pay the premiums for a benefit plan that will provide Life Insurance and A.D.&D. coverage of $75,000.00 for each employee which will be paid to employee's named beneficiary in the event of their death.

    23.04 RETIREMENT PROGRAM

    Effective January I, 2013, The Company agrees to maintain the Pension Plan instituted on January !st, 1973, that will provide a monthly pension of thirty eight dollars ($38.00) for each year of service with the Company, subsequent to January !st, 1973, with options for early retirement at reduced rates, or joint and survivor benefits, also at reduced rates. For past service the monthly pension factor will be:

    $40.00 per month effective January I, 1995; $40.00 per month effective January I, 1996; $42.00 per month effective January I, 1997; $43.00 per month effective January I, 1998; $45.00 per month effective January I, 1999; $51.00 per month effective January I, 2000; $57 .00 per month effective January I, 200 I;

    18

  • $63.00 per month effective January I, 2002; $69.00 per month effective January I, 2003; $71.00 per month effective January I, 2008; $75.00 per month effective January I, 2014; $80.00 per month effective January I, 2015; $85.00 per month effective January I, 2016; $87.00 per month effective January 1, 2017; $89.00 per month effective January 1, 2018; $92.00 per month effective January 1, 2019;

    (a) In the event of the death of a Member, other than an Inactive Member or a Pensioner who:

    (i) Has attained the age of 55 years but has not attained the age of 65 years; (ii) Who has completed I 0 or more years of continuous employment; (iii) Has completed at least 5 years of credited service; (iv) Is survived by a spouse.

    It shall be deemed that the Member had been allowed to retire on the day prior to the member's death, and elected a joint survivorship pension, \vith the member's spouse as joint survivor and with one hundred percent (100%) continuing to the spouse for life.

    (b) In the event of the death of a Member (who has completed at least five years of credited service) other than a Member covered by paragraph (a) but including an Inactive Member, a lump sum payment representing the present value actuarial calculated of fifty percent (50%) of the accrued pension benefit to date of death shall be paid to the spouse, or if no spouse to the designated beneficiary of the Metnber or Inactive Me1nber, subject to any legislative restrictions or require1nents.

    At age sixty-five (65) employees who joined the Pension Plan will receive a pension which will be pro-rated based on years of service under each of the specified rates.

    Ne\v e1nployees or full tin1e employees \Vho are not men1bers of the plan are eligible for inclusion in the plan on January 1st, next.

    (c) For employee hired on or after January !st 2015, the Company agrees to implement and maintain a Define contribution Pension Plan as follows:

    • Employer base contribution of 4% • Employee 1nandatory contribution of 4% • Employer will match I 00% of employee additional contribution to a maximum of 3%

    23.05 LONG TERM DISABILITY

    The Company will pay the premiums for Long Term Disability coverage to go into effect at the end of twenty-six (26) weeks of a weekly indemnity claim. The plan will provide a benefit of $3,500 per month.

    Employees will be eligible for long term disability if their eligibility for the coverage occurs after five (5) years en1ployn1ent \Vith the Con1pany.

    23.06 DENTALPLAN

    The Company has arranged for a Dental Plan which provides for all of the costs of basic services, less a twenty-five dollar deductible ($25.00) per individual or family applied once per calendar year to the eligible expenses incurred during that year, and fifty percent (50%) of the costs of prosthetic appliances.

    Benefits under this plan become effective on the first day of the month following three (3) months employment with the Company.

    19

  • Lifetime Orthodontics maximum is $2,500

    23.07 VISION PLAN

    The Company agrees to offer Vision care to a maximum of $300 every 24 months for employee and spouse, and $300 every 12 months for dependent children.

    23.08 Total cost of providing the benefits described in paragraphs 23.0 I , 23.02, 23.03, 23.04, 23.05, 23.06, and 23.07 above are to be borne by the Company.

    23.09 If an employee is laid off after completing one year's service, the Company will maintain their health care and extended medical insurance coverage at the Company's expense for a period of three months.

    ARTICLE 24 NO CONTRACTING:

    24.01 The Company agrees not to subcontract any of its production or maintenance work if contracting of work:

    i) causes a layoff; ii) prevents the callback to work of a laid off employee; iii) reduces the number of regular hours of work of an employee; iv) eliminates a job classifications listed in Appendix "A"

    Notwithstanding the above, the company may subcontract work if it doesn't have sufficient qualified employees to perfonn the work or if it doesn' t have the proper equipment to perfom1 the work.

    ARTICLE 25 QUALITY:

    25.01 Bargaining unit employees commit to producing quality products and service.

    ARTICLE 26 TERM OF AGREEMENT:

    26.01 Tenn of the agreement shall be for the period from January 1, 2017 to December 31 , 2019.

    In Witness Whereof the Parties hereto have caused this Agreement to be executed by their respective officers duly authorized in that behalf on day and year first written above.

    GRAYMONT WESTERN CANADA INC BOX 130, EXSHAW, ALBERTA

    ALBERTA REGIONAL COUNCIL OF CARPENTERS AND ALLIED WORKERS LOCAL UNION NO. 2010

  • APPENDIX "A"

    Jan Isl Jan Isl Jan Isl 20I7 20I8 20I9

    PROBATIONARY LABOUR

    1 ST 90 working $3 .00/hr less than regular 2.5% 2.5% 2.5% Days classification rate

    Labourer Class 1

    Bulk Loader $32.99 $33.82 $34.67

    Class 2 Crusher operator $33.40 $34.24 S35.3I

    Class 3 Quarry labour $33.6I $34.45 $35.5I

    Class 4 Manual Bagger $33.77 $34.62 $35.48

    Class 7 Forklift Operator

    $36.93 $37.85 $38.80 Front Emf Loader Op.

    Class 10 Quarry Operator $37.38 $38.32 $39.27

    Kiln Fireman's Helper

    Class 12 Quarry op./blaster $37.79 $38.74 $39.70

    Plant Utility Man

    Granuli111e Plant op.

    Class 13 PLS Operator

    $37.97 $38.92 $39.89 Automated Bagging Machi11e Op.

    Relief Operator

    Maintenance Class 14

    Kiln Firen1an $39.06 $40.04 $41.04

    Class 16 Quarry Lead Hand $39.65 $40.64 $41.65

    Class 17 Maintenance

    Journeyman $43.58 $44.67 $45.79

    Class 18 Maintenance Lead Hand $44.39 $45.50 $46.64

    22

  • APPENDIX "B" COMPRESSED WORK SCHEDULE

    1. In order to itnplen1ent a compressed \Vork schedule, the parties agree to the follo\ving conditions:

    (a) the implementation of the modified work week will be on the conditions that there will be no extra cost to the Company, or loss of wages to the employee, and that the efficiency of the kiln operation will not be adversely affected.

    (b) overtime will not be paid if incurred as a result of implementing and or discontinuing the twelve (12) hour shift schedule. Employees entering or leaving the schedule will not be paid overtime for the (9th) ninth to (12th) twelfth hours of the shift or for hours in excess of forty (40) hours in a week

    If an employee working a compressed work schedule is required to work on a Sunday which falls on his regular day off, he will be paid eight (8) hours at three (3) times his regular rate and four (4) hours at twice his regular rate.

    ARTICLE 8.06 Should include:

    These employees working a compressed work schedule shall receive this option after thirteen (13) consecutive hours of \Vork.

    ARTICLE 9.02 For all employees, including those employees working a compressed work schedule, the Floating Holiday will consist of twelve (12) hour's time off.

    ARTICLE 9.03 All workers who have worked their regular shifts immediately before and after the above Holidays but do not work on these Holidays will receive twelve (12) hours pay at regular rates for that Holiday. Those workers who have worked their regular shifts immediately before and after the above Holidays and are required to work on these Holidays shall receive in addition, pay at two (2) times the regular rate for the first eight (8) hours worked and they will receive three (3) times the regular rate for work performed in excess of eight (8) hours.

    ARTICLE 8.02 Add Paragraph C to read: "For those employees working a compressed work schedule, Statutory Holiday time will not be considered part of the forty ( 40) hour week for the purposes of calculating overtime."

    ARTICLE 15.03 When requested by an employee working a compressed work schedule, forty ( 40) hours leave with pay will be given in the event of death of the employee's spouse, son, daughter, father or mother. The company will grant twenty-four (24) hours leave with pay to attend the funeral of the employee's brother, sister, mother-in-la\v, father-in-la\v, brother-in-la\v, sister-in-law, grandparents, grandparents-in-la\v, , step parents, step children or grandchildren.

    ARTICLE 17.01 For those e1nployees \Vorking a cotnpressed \vork schedule, vacation \vill be based on the hours or percentage of incorne colun111s. The \Veek colunm \Vill have no bearing on vacation titne allotted.

    ARTICLE 17.04

    This article will also pertain to twelve (12) hour shifts.

    (I) The parties recognize that the most significant benefit of this schedule is the additional days free from \Vork. The parties also recognize that absenteeism \Vithout adequate notification to allo\v arrangen1ents for

    23

  • alternate coverage becomes a n1uch n1ore serious problem than it nor1nally is on eight (8) hour shifts. In recognition of these facts, the parties agree to:

    (1) Encourage 100% attendance by all employees;

    (2) Encourage co-operations from those on days off to act as replacements for any absentees.

    2. The following changes to the Collective Agreement are to be observed:

    ARTICLE 7.02 HOURS OF WORK- SHIFT WORKERS

    Paragraph (c) is to read: "for those employees working on a compressed work schedule the hours of work will be dayshift 7:00 a.m. to 7:00 p.m., nightshift 7:00 p.m. to 7:00 a.m. The day to which an employee's shift ends will be considered as the day to which the whole shift pertains."

    Paragraph ( d) is to read: "Where an employee is working a shift that is other than that of the compressed work week, and that employee is required to cover a shift on the compressed schedule that employee shall be paid regular time (at the appropriate pay scale) for the first forty (40) hours and double (2) times for any time worked in excess of forty ( 40) hours in one (I) week Sunday to Saturday."

    ARTICLE 8.02 Add Paragraph (b) to read: "For those employees working on a compressed work schedule overtime will be paid only for hours worked in excess of twelve (12) hours in one day or for all hours worked on an employee's scheduled days off. All hours worked on Sunday or any hours worked in excess of forty-four (44) hours per week (Saturday midnight to Sunday midnight) will be paid at double the regular rate."

    ARTICLE 8.05 Should include: "For those employees working on, or relieving for, the compressed work schedule two and one half (2 1/2) tin1es the regular rate \vill be paid for \Vork in excess oft\velve hours on Sunday."

    ARTICLE 18.03 For purposes of calculating shift differential on the compressed work schedule, dayshift will be 7:00 a.m. to 3:00 p.m., afternoon shift will be 3:00 p.m. to 11 :00 p.m. and nightsh.ift will be 11:00 p.m. to 7:00 a.m.

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  • APPENDIX C BANKED OVER TIME

    a) Etnployees ntay choose to have their overtin1e paid or to bank hours, \Vhich can be used for future titne off.

    b) Employees must clearly indicate on their time sheet, each time that they work overtime, if they wish to bank their overtin1e hours;

    c) Employees who decide to bank overtime hours will have two (2) hours credited for each hour worked in overtin1e.

    d) Employees on eight (8) hour shifts can accumulate hours in their bank from January l" to December!" of each year. An e1nployee 1nay accu1nulate a maxin1um of forty ( 40) hours per year in their overtime bank;

    e) Employees on twelve (12) hour shifts can accumulate hours in their bank from January I" to December!" of each year. An employee may accumulate a maximum of forty eight ( 48) hours per year in their overtime bank;

    I) Time off (maximum of 40 or 48 hours) must be requested in writing at least two (2) weeks in advance and 1nust be approved by n1anagen1ent;

    g) Employees may request at any time, in writing, that accrued hours in their bank be paid out partially or entirely. Any unused hours in the bank at the end of the calendar year, will be paid to employees on the last pay period of the year.

    h) All payments will be made at the employee's permanent bid job rate of pay.

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