Concrete COLLECTIVE AGREEMENT

«CLAC Dufferin Concrete

COLLECTIVE AGREEMENT Between DUFFERIN CONCRETE (HAMILTON)

A DIVISION OF CRH (CANADA) INC.

and CLAC

better together

DURATION: May 15, 2016- May 14, 2019

COLLECTIVE AGREEMENT

Between DUFFERIN CONCRETE (HAMILTON)

A DIVISION OF CRH (CANADA) INC.

(hereinafter referred to as "the Employer")

and CHRISTIAN LABOUR ASSOCIATION OF CANADA

(hereinafter referred to as "the Union")

DURATION: May 15, 2016- May 14, 2019

TABLE OF CONTENTS

Article 1 - Purpose ........ ...................................... .. ... .. ........ ................. 1

Article 2- Recognition ...................... ....... ... ........................... ............. 1

Article 3- Union Representation ........................................................ 4

Article 4- No Strikes Or Lockouts .............................. .. ... .................... 5

Article 5- Employment Policy And Union Membership ... .. ................. 6

Article 6- Check-Off ............................. .. ............................................. 7

Article 7- Wages And Rates Of Pay .. ........ ................. ............. .. ..... .. .. . 7

Article 8- Hours Of Work And Overtime .......................... .................. 8

Article 9 -Vacations And Vacation Pay ............................................. 10

Article 10- Holidays ............................................ .............................. 11

Article 11- Seniority And Layoffs ........................................ .. ............ 12

Article 12 - Benefits ............ .. ................................................ ............ 14

Article 13 - Safety ............................................................................. 18

Article 14- Rest Periods .................................................................... 18

Article 15- Leaves Of Absence And Jury Duty .................................. 19

Article 16- Grievance Procedure ...................................................... 20

Article 17- Arbitration .................................................................. .... 22

Article 18- Discharge, Suspension And Warning .............................. 23

Article 19- Weekly Guarantee .......................................................... 23

Article 20- Duration ......................................................................... 27

Schedule "A" ............................................ ......................................... 28

Schedule "B" ..................................................................................... 29

Appendix A .................. ..................................................................... 31

Letter Of Understanding ................................................................... 32

DUFFERIN CONCRETE (Hamilton)

COLLECTIVE AGREEMENT: May 15, 2016- May 14, 2019

COLLECTIVE AGREEMENT

ARTICLE 1- PURPOSE

1.01 It is the intent and purpose of the parties to this Agreement which has been negotiated and entered into in good faith:

a. to recognize mutually the respective rights, responsibilities and functions of the parties hereto;

b. to provide and maintain working conditions, hours of work, wage rates and benefits set forth herein;

c. to establish an equitable system for the promotion, transfer, layoff and recall of employees;

d. to establish a just and prompt procedure for the disposition of grievances;

e. and generally, through the full and fair administration of all the terms and provisions contained herein to develop and achieve a relationship among the Union, the Employer, and the employees which will be conducive to their mutual wellbeing.

1.02 The omission of specific mention in this Agreement of existing rights and privileges established or recognized by the Employer shall not be construed to deprive employees or the Union of such rights and privileges.

ARTICLE 2- RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees of the Employer employed

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DUFFERIN CONCRETE (Hamilton) COLLECTIVE AGREEMENT: May 15, 2016- May 14, 2019

at 886 Nebo Road, Hannon, Ontario, save and except foreman, person above the rank of foreman, office and sales staff.

It is further agreed should the Employer acquire or commence a new ready-mix operation within the OLRB Geographical Area #26, and such operation is not represented by another trade union, the Employer will recognize the Union as the bargaining agent for all employees as classified in Schedule "A", save and except foreman, person above the rank of foreman, office and sales staff.

2.02 Nonworking foremen, supervisors and other non-bargaining unit personnel shall not do the work normally performed by members of the bargaining unit if this means that existing employees will be laid off or if it means a reduction in working hours.

2.03 There shall be no revision, amendment, or alteration of the bargaining unit or of any of the terms and provisions of this

Agreement except by mutual agreement in writing of the parties. Without limiting the generality of the foregoing, no

classification of work or jobs may be removed from the bargaining unit except by mutual agreement in writing of the parties.

2.04 The Employer agrees that the duly appointed representatives of the Christian Labour Association of Canada are authorized to act on behalf of the Union for the purposes of supervising, administering and negotiating the terms and conditions of this Agreement and all matters related hereto.

2.05 The Union acknowledges that it is the function of the

Employer:

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DUFFERIN CONCRETE {Hamilton)


a. to manage the enterprise, including the scheduling of work and the control of materials, provided this is done in a manner which is consistent with the purpose and terms of this Agreement;

b. to maintain order, discipline and efficiency, and to enforce rules of conduct and procedure for employees that have been jointly drafted by the Employer and the Union. Such rules shall be consistent with the purpose and terms of this Agreement and shall be administered in a fair and reasonable manner; and

c. to hire, direct, transfer, promote, lay off, suspend and discharge, provided that such actions are consistent with the purpose and terms of this Agreement and provided that a claim by an employee who has completed his probationary period, who is being disciplined or discharged without just cause will be subject to the grievance procedure.

2.06 It is understood and agreed that the discharge of probationary employee is at the sole discretion of the Employer.

2.07 The Employer may contract out work where:

a. it does not possess the necessary facilities or equipment; b. it does not have and/or cannot acquire the required

manpower; c. it cannot perform the work in a manner that is competitive

in terms of cost, quality and within projected time limits.

2.08 However, work normally performed by members of the bargaining unit will not be contracted out if employees qualified to do the work are on lay off, or if employees qualified

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to do the work must be laid off as a result of the contracting out of work.

ARTICLE 3- UNION REPRESENTATION

3.01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows:

a. The Union has the right to appoint Stewards. The Stewards are representatives of the employees in certain matters pertaining to this Agreement, including the processing of grievances.

b. CLAC Representatives are representatives of the employees

in all matters pertaining to this Agreement, particularly for the purpose of processing grievances, negotiating amendments to and renewals of this Agreement and

enforcing the employees' collective bargaining rights as well as any other rights under this Agreement and under the law.

3.02 The Union agrees to notify the Employer in writing of the names of its officials and the effective dates of their appointments.

3.03 Stewards will not absent themselves from their work to deal with grievances without first obtaining the permission of the

Employer. Permission will not be withheld unreasonably and the Employer will pay such Stewards at their regular hourly

rates while attending to such matters.

3.04 The Union has the right to appoint one employee as a member of its negotiating committee. The employee shall be paid his regular rate of pay for time spent negotiating with the Employer during regular working hours. However, he shall not

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be paid less than what he would have earned had he been driving (up to a maximum of nine hours per day). If the workload permits, the Union can appoint a second member to the committee at the discretion of the Employer. If applicable, the Union agrees to pay for the second committee member.

3.05 The Employer and the Union will endeavour to meet twice a year to discuss any matter of interest or concern and to promote greater understanding and better cooperation regarding all aspects of activity within the enterprise. The Union may appoint one (1) employee from the plant to attend such meetings.

3.06 There shall be no Union activity during working hours on the Employerrs premises, except that which is necessary for the processing of grievances and the administration and enforcement of this Agreement.

3.07 CLAC Representatives shall have the right to periodically visit job sites.

ARTICLE 4 - NO STRIKES OR LOCKOUTS

4.01 During the term of this Agreement, or while negotiations for a further Agreement are being held, the Union will not permit or encourage any strike, slowdown, or any stoppage of work or otherwise restrict or interfere with the Employer1s operation through its members.

4.02 During the term of this Agreement, or while negotiations for a further Agreement are being held, the Employer will not engage in any lockout of its employees or deliberately restrict

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DUFFERIN CONCRETE (Hamilton} COLLECTIVE AGREEMENT: May 15, 2016- May 14, 2019

or reduce the hours of work or deliberately send men home when this is not warranted by the workload.

ARTICLE 5 - EMPLOYMENT POLICY AND UNION MEMBERSHIP

5.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force. The Employer will give

preference to Union members for employment, provided such applicants are qualified to meet the requirements of the job.

5.02 The Employer has the right to hire new employees as needed, provided that no new employee(s) will be hired while there are available employees(s) on layoff who are qualified to do the work.

5.03 New employees will be hired on a ninety (90} working day probationary period and thereafter shall attain regular employment status. Their respective seniority shall be dated back to the date of their most recent hiring.

5.04 Probationary employees are covered by the Agreement, excepting those provisions which specifically exclude such

employees. The Employer may terminate the employment of a probationary employee, at the Employer's sole discretion,

provided that such termination is not discriminatory.

5.05 Neither the Employer nor the Union will compel employees to join the Union. The Employer will not discriminate against any employee because of Union membership or lack of it and will inform all new employees of the contractual relationship between the Employer and the Union. Before commencing work, any new employee will be referred by the Employer to a Steward or a CLAC Representative in order to give such

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DUFFERIN CONCRETE {Hamilton}


Steward or CLAC Representative an opportunity to describe

the Union 's purposes and representation policies to such new employees.

5.06 The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are applicable to other members of the Union.

ARTICLE 6- CHECK-OFF

6.01 The Employer is authorized and agrees to deduct union dues from each employee at the commencement of employment,

an amount equal to union dues as established by the Union. The total amount checked off will be turned over to the Union on or before the fifteenth (15th) of the month following the

month the monies were deducted, together with an itemized list of the employees for whom the deductions were made and the amount checked off for each .

6.02 Employees who cannot support the Union because of conscientious objection, as determined by the Union's internal guidelines, may apply to the Union in writing.

ARTICLE 7- WAGES AND RATES OF PAY

7.01 Wage schedules applicable to various job classifications are as

set forth on Schedule A.

7.02 Where a new classification is created, the Union will be notified and negotiations commenced to determine the wage rate to be paid to the employee(s) involved. Failure to reach agreement shall be subject to the grievance procedure.

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7.03 Any employees who reports for work, as required, shall receive a minimum of four (4) hours pay. If the employee is not provided with four (4) hours work, he shall be paid the appropriate rate for such time actually worked and his straight time hourly rate for the balance of the time up to four (4) hours. In the event of inclement weather, the employee may be sent home and will receive a minimum of two (2) hours pay.

7.04 In the event that an employee having completed his assigned shift is called back in to work by the Employer, it is agreed that he shall be paid a minimum of three (3) hours of wages at his straight time hourly rate or time and one-half for all hours worked, whichever amount is greater.

7.05 The Employer will inform employees no later than one (1) week before of any plant closures that may occur due to any foreseen event.

ARTICLE 8- HOURS OF WORK AND OVERTIME

8.01 Employees will be called in to work on the basis of their seniority within their classification.

8.02 Work performed in excess of nine (9) hours per day shall be paid at the rate of time and one-half (1Yz) the regular rate, regardless of weekly hours.

8.03 Worked performed in excess of forty-four (44) hours per week (excluding statutory holidays) shall be paid at the rate of time and one-half {1Yz) the regular rate.

8.04 Employees performing work on Saturdays shall be paid time and one-half (1Yz) the regular rate.

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8.05 Employees performing work after 6:00p.m. shall be paid at the rate of time and one-half (1~) their regular rate.

8.06 Employees who w ish to work while on leave of absence must provide the Employer at least one (1) week notice of their availability to work.

8.07 The Employer agrees that no employee shall be required to work on Sunday. If Sunday work does become available, time worked shall be paid at the rate of two times the regular rate of pay. Such work shall be assigned to regular employees on a voluntary basis. It is understood and agreed that in the event that there are no bargaining unit employees who wish to work, the Employer is free to utilize other employees. The Employer agrees to respect the convictions of employees who prefer not to work on Sunday and will not discriminate against them.

8.08 There shall be no duplication or pyramiding of provisions for pay under this Agreement. Where two or more provisions respecting premium pay apply, only the highest will be paid .

8.09 Employees called prior to 10:00 a.m., will be required to report to work as scheduled.

8.10 A senior driver shall not be sent home before a junior driver until he has at least nine (9) hours of work, unless the senior driver requests to go home, if the workload permits.

8.11 In the event a driver is scheduled for night work and is financially impacted due to the work being cancelled; the employee will have the opportunity of in-kind remedy of four

(4) hours at regular time rate.

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ARTICLE 9- VACATIONS AND VACATION PAY

9.01 Employees shall receive vacation pay in accordance with the

provisions outlined below:

LENGTH OF SERVICE BASED ON Vacation Pay Vacation Time DATE OF HIRING

(as of July 1 of the current year)

Less than 1 yr (gross earnings) 4% of annual 1 day per month

max. of 10 days

Less than 3 yrs (gross earnings) 4% of annual 2 weeks

3 but less than 10 yrs (gross ea rnings) 6% of annual 3 weeks

10 but less than 20 yrs (gross earnings) 8% of annual 4 weeks

20 yrs or more (gross earnings) 10% of annual 5 weeks

9.02 The Employer will endeavour to grant vacations at the time

requested. Employees shall be entitled to have at least two

weeks of vacation during the summer vacation season which shall be understood to be between May 15th and

September 15th.

9.03 When vacations are requested by more employees than can be

reasonably scheduled to be away at any one time and still carry

on efficient company operations, then the choice of those

employees permitted to take their vacation will be, insofar as

possible, based on seniority.

9.04 The Employer shall post annually on January 2nd a sheet on

which employees may choose the ir vacation period. This list

shall be completed by the employees no later than February

15th. The finalized, approved list will be posted by February

28th. Any request for further changes to the final schedule

must be made to the Employer, giving the Employer at least

three {3} weeks notice. The Employer agrees to approve or

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deny employee's vacation requests within three {3} weeks of submission after the date of February 28th .

9.05 An employee requested to work on the Saturday prior to the start of his vacation shall have the option to do so if the plant was originally scheduled to be closed. The Employer will issue the Saturday plant schedule no later than February 1 of each year.

9.06 For the purposes of calculating vacation pay and entitlement, the vacation year shall be deemed to run from the first (Pt) day of July to the thirtieth {3oth) day of June of the following year.

ARTICLE 10- HOLIDAYS

10.01 The Employer agrees to pay for nine hours at the regular rate of pay, for the following eleven (11} holidays:

New Year's Day/ Family Day, Good Friday/ Victoria Day/ Canada

Day/ Civic Holiday/ Labour Day/ Thanksgiving Day, December

241 Christmas Day and Boxing Day.

10.02 If the holidays mentioned under Article 10.01 fall on a Saturday or Sunday, the day shall be observed on the Friday preceding or the Monday following these days, whichever is closer. The decision shall be made by the Employer.

10.03 Work performed on the above-mentioned holidays shall be paid at the rate of one and one-half times the regular rate of pay in addition to any holiday pay to which the employee is entitled.

10.04 The provisions outlined in Article 10.01 shall apply only to employees who:

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DUFFERIN CONCRETE (Hamilton) COLLECTIVE AGREEMENT: May 15,2016- May 14, 2019

a. have completed their probationary period;

b. have worked their last scheduled (called-in} workday preceding and the first scheduled (called-in} workday following the holiday. Any employee who is absent with permission of the Employer on either or both of these qualifying days shall receive pay for the holiday except in the case of extended leaves of absence;

c. have worked within fourteen {14} calendar days immediately preceding the hol iday; and,

d. an employee who is absent on either or both qualifying days due to sickness, must submit a doctor's note immediately.

10.05 Should any paid holiday fall during the vacation period of an employee, he shall be paid for the holiday at his regular rate for nine hours in addition to his vacation pay.

ARTICLE 11- SENIORITY AND LAYOFFS

11.01 A newly hired employee (probationary employee} must successfully complete a probationary period of ninety {90} working days, as defined in Article 5.03. Probationary employees shall be placed on the seniority list upon completion of their probationary period and their respective seniority shall be dated back to the date of their most recent hiring.

11.02 The Employer shall supply the Union w ith a set of seniority lists by location annually by May 15th, and the Employer agrees to provide updated information of any interim seniority changes as necessary and all such information shall be available to the

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Union Stewards at the Employer's business office during regular day-time hours.

11.03 Seniority rights shall cease and an employee will be deemed to be terminated upon the happening of any of the following events:

a. he voluntarily quits the employ of the Employer;

b. he retires from the employ of the Employer;

c. he is discharged and such discharge is not reversed through the grievance procedure;

d. he fails to perform any work for the Employer for a period in excess of twelve {12) months. {This does not apply to an employee on sick leave or compensation);

e. he fails to signify his intention to return to work within three days of the receipt of Notice of Recall, which shall be in writing, addressed to the last known address according to the records of the Employer, by registered mail;

f. he fails to return to work within five days of the start date of recall, as prescribed in (e) above; or

g. he is absent from work without leave of absence being granted by, or a justifiable reason being given to the Employer, for a period in excess of two working days.

11.04 In case of layoffs and/or recalls, the Employer shall honour the seniority of the employees within their classifications. The rule shall prevail that the employees having most seniority shall be laid off last and recalled first. In the event that hours of work per week are less than what is necessary for an employee to

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DUFFERIN CONCRETE {Hamilton) COllECTIVE AGREEMENT: May 15, 2016- May 14, 2019

obtain maximum El benefits, a request for layoff will not be denied and the employee shall waive the one (1) week notice period.

11.05 The Employer shall give a one week's notice of the need for a layoff to the Union and will meet to review the layoff with the CLAC Representative and the Steward immediately after the giving of such notice. The Employer shall not be required to give one week's notice when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation.

ARTICLE 12- BENEFITS

12.01 In order to protect employees and their families from the financial hazard of illness or accident and to provide them with pension benefits as prescribed in the Union Pension Plan, the Employer agrees to give full cooperation to the Christian Labour Association of Canada Health Fund and Pension Plan for the benefit of all employees covered under this Agreement.

a. Christian Labour Association of Canada Health Fund The Health Fund, maintained, administered and supervised by a Board of Trustees, provides the following benefits:

i. Life and Accidental Death and Dismemberment

Insurances

ii. Short Term Disability Insurance (Weekly Indemnity)

iii. Long Term Disability Insurance • both short and long term disability insurances

provide for a certain amount of income in case of

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12.02

inability to work due to sickness or accident not

covered by Workers Compensation

iv. Major Medical Health Insurance

v. Dental Plan

Additional benefits are to be determined by the Union from time to time.

b. Christian labour Association of Canada Pension Plan This Plan is maintained and administered by the Union and is supervised by a Board of Trustees. Registered with the Financial Securities Commission of Ontario as Pension Plan 0398594, the Pension Plan is designed for the benefit of all employees covered under this Agreement, providing for

those eligible a certain amount of pension income upon retirement.

a. The Employer agrees to pay, beginning with the first day of employment, the hourly Health Fund and Pension Plan contributions specified in Schedule "A" for each employee covered under this Agreement. Health Fund contributions shall be used by the Union to pay for the costs of Health Fund coverage while Pension Plan contributions shall accumulate individually for each employee.

b. The Employer agrees to deduct twenty-five cents (25C) for each hour worked from each employee's pay before

statutory deductions are made and remit same to the CLAC Pension Plan as hereinafter provided.

c. The Employer agrees to deduct by way of payroll deduction and contribute to the Union's Benefit Administration Office,

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voluntary employee contributions in addition to any other Collective Agreement Pension Plan contributions. Such amounts shall be recorded separately on the Employers monthly remittance to the Benefit Administration Office.

d. A request for such deduction shall be submitted to the Employer in a format provided by the Benefit Administration Office. A copy of the completed form shall be sent to the Benefit Administration Office with the first remittance of such additional voluntary contributions. It shall be the responsibility of each employee to ensure the CRA money purchase limit is not exceeded. Voluntary employee contributions will commence the first day of the month following written notice to the Employer.

12.03 The Union will indemnify and save the Employer harmless from any and all claims and causes of action, which may be made against the Employer by employees for amounts deducted from their pay, as provided in Article 6.02, and for the amounts

as remitted by the Employer on behalf of the employees as

provided in Article 12.02. In the event that the Employer fails to comply with Article 6.02 or 12.02 by not remitting to the Union, this article will not apply.

12.04 The Union commits itself to keep each employee covered by the Health Fund benefits fo r as long as there is enough money on the employee's account to do so.

In case there is not enough money on the employee's account, the employee will be notified by the Union and given an opportunity to remain covered under a pay direct basis.

12.05 The Employer's contributions to the Health Fund and Pension Plan shall be recorded on a remittance sheet supplied by the

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DUFFERIN CONCRETE {Hamilton) COLLECTIVE AGREEMENT: May 15, 2016- May 14, 2019

Union. The Employer will forward to the Union monthly, not later than the fifteenth (15th) of each month, two (2) copies of

the remittance sheet together with one cheque for the total of Employer Health Fund and Pension Plan contributions.

12.06 The Employer will advise the Union of the hiring of new employees. Information cards will be supplied by the Union.

12.07 All Employer contributions and employee deductions, such as the Employer's contribution to the Health Fund and Pension Plan and deductions made off the employee's wages, such as union dues, are a Trust Fund in the hands of the Employer until the money is paid to the Union.

12.08 Employees consent to the collection, use, retention and

disclosure of any personal information protected by the Persona/Information Protection and Electronics Document Act or its Ontario successor or equivalent exchange, including benefits and payroll information, between the Employer, the

Union, the payroll and/or benefits administrators and their respective agents or it is understood the Employer will seek

consent from employees under the Personal Information Protection and Electronic Documents Act to allow it to use, collect, retain and disclose information as required for the management of the employment relationship. However, where an employee refuses to consent or withdraws consent, it is understood that he or she may not be able to receive health care benefits where the Insurer refuses, in writing, to insure the employee without such personal information.

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ARTICLE 13- SAFETY

13.01 The Employer shall ensure that all equipment, materials, protective devices and personal protective equipment are provided at no cost to employees as per government legislation, maintained in good condition and measures and procedures are properly carried out in order to maintain a safe and healthy workplace.

Employees are expected to follow all health and safety rules, procedures and safe work practices and to report all injuries, incidents or unsafe conditions to their supervisor.

13.02 The Employer agrees to pay each actively working employee the sum of two hundred dollars ($200.00) per year for safety boots. The payment will be included in the pay period following July 1 st of each year of this Agreement. Employees are required to wear CSA approved minimum 8 inch safety boots and maintain in suitable condition at all times.

ARTICLE 14- REST PERIODS

14.01 The Employer agrees that during each employee's shift he shall be entitled to a one-half hour unpaid lunch break. In the event that an employee is not able to take his lunch break pursuant to the instructions of the Employer, he shall be paid for the work performed during the course thereof. It is agreed that if an employee indicates to the dispatcher that he is taking his lunch, he shall not be interrupted within that one-half hour period, except in the case of an emergency.

14.02 There shall be a ten minute rest period each half of the shift, at times set by the Employer.

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ARTICLE 15- LEAVES OF ABSENCE AND JURY DUTY

15.01 a. An employee may apply in writing for a leave of absence

without pay and without loss of seniority rights for legitimate personal reasons. Approval of such request will be at the Employer's discretion and shall not be unreasonably withheld.

b. Prior to the expiration of said leave of absence, an employee may make a written application to extend such leave. Provided the requested extension is justified in this application, the Employer's approval shall not be unreasonably withheld.

15.02 The immediate family in this Article shall mean mother, father, brother, sister, wife, children, grandparents and grandchildren of the employee, as well as the employee's parents-in-law and/or their children.

15.03 In case of death in the immediate family, an employee shall receive a maximum leave of absence with pay for three (3} working days at regular rates of pay for nine (9} hours per day provided the employee concerned attends the funeral. The days need to be exhausted between the date of the death and no later the two (2} days following the funeral unless mutually agreed to by the employee and Employer. For a brother or sister-in-law not directly related, the leave of absence with pay, shall be for one (1} day, which day shall be the day of the

funeral, provided the funeral is attended.

15.04 An employee shall receive for each day of jury duty the difference between the employee's regular pay and the amount of jury fee received, provided the employee furnishes

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DUFFERIN CONCRETE (Hamilton} COLLECTIVE AGREEMENT: May 15,2016- May 14, 2019

the Employer with the Certificate of Service signed by the clerk for the court showing the amount of jury fees received.

15.05 Any employee whose normal duties include driving an Employer vehicle and whose driving license is suspended by government action for up to twelve months shall be given leave of absence without pay, without loss of seniority and without accumulation of seniority until his driving privileges have been restored. Any such suspension for a period in excess of twelve months may at the discretion of the Employer result in the discharge of the employee concerned.

It is understood that should an employee's license not be reissued due to government administrative delays, the leave of absence will be extended for a reasonable period of time.

15.06 Where an Employee's absence due to illness has reached three (3) consecutive workdays, a physician's certificate must be produced upon request of the Supervisor at the cost of the employee.

ARTICLE 16- GRIEVANCE PROCEDURE

16.01 The parties to this Agreement recognize the Stewards and the CLAC Representatives specified in Article 3 as the agents through which employees shall process their grievances and receive settlement thereof. It is agreed and understood that a grievance can only arise from a dispute concerning the interpretation, application, administration, or alleged violation of this Agreement.

16.02 The Employer or the Union shall not be required to consider or process any grievance which arose out of any action or

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COLLECTIVE AGREEMENT: May 15,2016- May 14, 2019

condition more than five (5) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased.

16.03 A group grievance is defined as a single grievance, signed by a Steward or a CLAC Representative on behalf of a group of

employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievers shall be listed on the grievance form.

16.04 A policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A policy grievance may be submitted by either party to arbitration under Article 17, by-passing Steps 1 and 2. Such policy grievance shall be signed by a Steward or a CLAC Representative, or in the case of an Employer's Policy Grievance, by the Employer or his representative.

16.05 Step 1 Any employee having a grievance will, accompanied by a Steward or a CLAC Representative, submit the same to his

immediate supervisor within five workdays of the act or condition causing the grievance. This supervisor will deal with the grievance not later than the third workday following the day upon which the grievance is submitted and will notify the griever and the Union Representative of his decision in writing.

Step 2 If the grievance is not settled under Step 1, a Union Representative may within five workdays of the decision under Step 1, or within five workdays of the day this decision should

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have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one week after the grievance has been filed. The Employer shall notify the griever and the Un ion representative of his decision in writing within three (3) workdays following the said meeting.

ARTICLE 17- ARBITRATION

17.01 A grievance (which has not been accepted, settled, withdrawn or abandoned) may be referred to arbitration under this Article provided the party requiring arbitration service the other party with written notice within fourteen (14) calendar days after receiving the decision at Step 2 of the grievance procedure.

17.02 The parties agree to the use of a sole Mediator/Arbitrator. If they are unable to agree to the selection of a Mediator/ Arbitrator, either party may request the Ministry of Labour to appoint an impartial Arbitrator.

17.03 The Mediator/Arbitrator will hear and determine the grievance and his decision will be final and binding on the parties hereto, and the employees affected. The Arbitrator shall not have the power to alter, amend, modify, delete, or add to any provisions of this Agreement or to the substitute any new provisions for any existing provisions nor give any decision inconsistent with the terms and provisions of this Agreement.

17.04 The cost of the Mediator/Arbitrator w ill be shared by both parties.

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ARTICLE 18- DISCHARGE, SUSPENSION AND WARNING

18.01 When the attitude or performance of an employee calls for discipline by the Employer, such discipline shall be in writing with a copy forwarded immediately to the area office of the CLAC. Discipline shall be removed from the employee's record after eighteen (18) months has elapsed from the date the discipline was issued; excluding, any workplace violence and harassment disciplines. A Union Steward will be present when an employee receives discipline.

18.02 An employee may be suspended or discharged for proper cause by the Employer. Within five workdays following suspension or discharge, the employee involved together with a Union Representative, may interview the Employer concerning the reason leading to the suspension or discharge. Within five workdays following the interview, the Union may submit the complaint to arbitration.

18.03 In the event that a probationary employee is discharged before the completion of his probationary period, such discharge shall not be the subject matter of any grievance or arbitration, except as provided in Article 5.04.

ARTICLE 19- WEEKLY GUARANTEE

19.01 It is agreed as follows:

a. The Weekly Guarantee will apply during the period of January 1st to April 15th.

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b. The Employer may, in conformity with the seniority provisions governing layoffs, reduce its working force by laying off employees to whatever extent it deems necessary.

c. The Employer agrees to guarantee earnings equivalent to

thirty-five {35) times their basic hourly rate, for each scheduled work week, to 75% of the daily average of those employed in each classification during that week. This 75% shall be made up on the basis of seniority in each classification. The remamtng employees in each

classification other than those who have received an E.l. Record of Employment Form from the Employer shall receive a minimum gross payment for that week of eighteen hours {18) at regular pay (the appropriate E. I. deductions to be made and remitted). Any employee who has received an E.l. Record of Employment Form and is requested to work shall report, unless he has a reasonable reason for not reporting.

d. Those employees who are not expected to be working in a given week shall be so informed by the last day of the Employer's work week, in order that such employees may

immediately register for the maximum benefits under the

Employment Insurance Act 1971. Failure to notify the employee shall result in the employee receiving the applicable minimum guarantee of eighteen hours {18} at regular pay, as set out herein for the week (it is understood and agreed that if the employee is not working on the last day of the Employer's work week, a telephone call to the last

telephone number registered with the Employer by noon of the following work day shall constitute notice under this Section). Any employee who has been so informed and is

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requested to work shall report unless he has a reasonable reason for not reporting.

e. Notwithstanding the provisions of Article 10, an employee or employees who have worked insufficient hours to earn the applicable minimum guarantee as set out herein may be worked in lieu of an employee or employees who have earned thirty-five (35) times their basic hourly rate or more during that scheduled work week. In order to apply the provisions of 20.01 (d) the Employer must have employees on layoff.

f. Notwithstanding the provisions contained herein, the parties to this Collective Agreement shall, providing it is mutually agreed and reduced to writing, be free to introduce a system which varies the call in and guarantee provisions contained in this Agreement. A two-thirds majority will be required to institute or cancel changes made under this clause. Should either of the parties wish to discontinue the new system, two (2) weeks' notice to the other party shall result in the reversion to the provisions contained herein, or such other system as the parties may decide.

19.02 Senior employees will not receive less regular and overtime hours of work, than the junior employee in the same classification in a four (4) week period, commencing with the pay period next following January 1st in each year.

19.03 Failure to be available and I or work on any day that he is required in the scheduled work week, or failure to complete the number of hours required of him, shall deprive the employee concerned of the guarantees expressed herein .

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Employees called later than 10:00 am and who are not available for work that day shall not be disqualified from any guarantees under this section. Employees absenting themselves for any reason, including disciplinary suspensions shall result in a forfeiture of the guarantees expressed herein except that absence as a result of illness shall reduce the weekly guarantee by eight (8) hours per day. This will not deprive the employee of the opportunity to work on any following day of the work week.

19.04 Paid holidays may be used in the computation of the weekly guarantee for the weekly pay period in which the holiday falls .

19.05 Sunday shall not be used in the computation of the weekly guarantee.

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DUFFERIN CONCRETE {Hamilton) COLLECTIVE AGREEMENT: May 15, 2016- May 14, 2019

ARTICl E 20- DURATION

20.01 This Agreement shall be effective on the fifteenth (15th) day of May, two thousand and sixteen (2016), and shall remain in effect until the fourteenth (14th) day of May, two thousand and nineteen (2019) and for further periods of one year unless notice shall be given by either party, of the desire to delete, change or amend any of the provisions contained herein, within the ninety (90) day period prior to the renewal date. Should neither of the parties give such notice, this Agreement shall renew for a period of one year.

20.02 Attached hereto and made part hereof are Schedule "A" and Appendix "A".

, ON, this 1)/ day of kkJv~be.v

Signed on behalf of DUFFERIN CONCRETE (HAMilTON) A DIVISIO C (CANADA) INC.

ehalf of the

I 20 I~

BOUR ASSOCIATION OF CANADA v-)Jl·

Per Per ~ ~~~------------

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SCHEDULE 11A"

HOURLY WAGE AND BENEFIT RATES

READY MIX CONCRETE TRUCK DRIVER

Wage rates for employees hired before ratification of this I

Agreement, and have five {5} or more years of service

Effective Date Hourly Health Pension Total

Rate Fund Plan ~- - - --~ --···- ---- -- ----- --

Previous Rate 29.50 2.60 3.15 35.25

May 15,2016 29.70 2.60 3.15 35.45

May 15,2017 30.10 2.60 3.15 35.85 -·-- ___ ,,,,. ________ ---··----

" ---- --- - - f---- - - - -- - -- - --May 15,2018 30.50 2.60 3.30 36.40

Employees hired prior to ratification, but less than five years of service- the following grid system of wage rates will apply for ready mix concrete truck drivers hired after July 28, 1998.

From date of hire- $5.00 less than classification rate ---- ---~---- --·- -·- -

After 1 year from date of hire- $4.00 less than classification rate

After 2 years from date of hire- $3.00 less than classification rate



After 5 years from date of hire- classification rate

Grid System of Wage Rates for New Hires- Remains Status Quo for Employees currently in Wage Schedule A.

All Ready Mix Drivers hired after ratification will fall under "Schedule B

-Ready Mix Concrete Truck Driver".

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I

DUFFERIN CONCRETE (Hamilton} COLLECTIVE AGREEMENT: May 15, 2016- May 14, 2019

SCHEDULE "B"

READY MIX CONCRETE TRUCK DRIVER

Wage rate for employees hired

on/or after ratification

Upon May 15, May 15,

Rat ification 2017 2018

After 2 years' service $26.00 $26.25 $26.50

During 2nd year of service $25.00 $25.25 $25.50

During pt year of service $24.00 $24.25 $24.50

New hires will be entitled to full payment of Health Fund Benefits and Pension Plan contributions as per Article 12.02.

Notes: a. Employees operating a conveyor-equipped ready mix truck shall be

paid a premium of twelve dollars ($12.00) per load. It is agreed and understood that a junior driver may be called in before a senior man for the purposes of operating a conveyor to meet the customer needs. Effective May 15, 2017, conveyor trucks shall be paid a premium of thirteen dollars ($13.00) per load. Effective May 15, 2018, conveyor trucks shall be paid a premium of fourteen dollars ($14.00) per load.

In the event a conveyor driver wishes to return to a straight truck he must give a written notice to the Employer (Supervisor). Notice must be submitted within January 2nd- January 31st of any given year. It is understood that the employee's transfer out of the conveyor will be considerate of incumbent's completion of conveyor certification. Conveyor drivers are to operate as conveyor

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DUFFERIN CONCRETE {Hamilton) COLLECTIVE AGREEMENT: May 15,2016- May 14, 2019

drivers for a minimal of f ive {5) years. It is understood that new hires to the plant will be hired as conveyor drivers if there is a submitted request to transfer out. If the new hire is not successful the original driver must be available for conveyor duty for upwards of one {1) year from the date of unsuccessful replacement. Those drivers that have conveyor certification may be required to operate such vehicles in a temporary manner.

b. An Employee who is designated as a Ready-Mix Trainer by the Employer shall receive a premium of one dollar {$1.00) per hour while preparing for and conducting such training.

c. Employees transferred between the Hamilton and Beamsville ready-mix plants will receive full credit for years of service for purpose of placement on wage grid and vacation pay, however, will be placed at the bottom of the respective plant seniority list for purposes of daily call-in and vacation scheduling.

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DUFFERJN CONCRETE {Hamilton)


APPENDIX A SATURDAY WORK

The parties agree to the following for the duration of this Agreement:

1. The Hamilton Plant will not be open for two (2) consecutive Saturdays unless a Saturday has been swapped/rescheduled with another plant or needed by customer demand.

2. On the weeks that the Hamilton plant is required to be open drivers who wish to work that Saturday must volunteer via Schedulecom by 10:00 am Friday.

3. Any Ready-Mix driver who started in the Hamilton Plant after January 1, 2016 will be considered available for Saturday. Those employees who have worked in excess of fifty-six (56) hours will not be considered available for Saturday work. It is understood total weekly hours may not exceed sixty (60) hours.

4. After exhausting the volunteer list, if needed, the Employer can require drivers by order of reverse seniority to fill the remaining compliment (Drivers who have less than fifty (50) hours worked by the end of workday Friday) . It is understood the Employer may schedule hours in order to have the required compliment of drivers for Saturday work.

5. If the Employer has insufficient drivers, they will endeavour to fill its requirements with drivers from other sources, including brokers.

6. Start times for Saturday work shall be by seniority of those drivers scheduled to work on Saturday.

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LETTER OF UNDERSTANDING

Between

DUFFERIN CONCRETE {HAMILTON) A DIVISION OF CRH {CANADA) INC.

and

CHRISTIAN LABOUR ASSOCIATION OF CANADA

HOURS OF WORK

Whereas the Employer and the Union are bound by a Collective Agreement effective from May 15th, 2016 to May 14th, 2019,

And whereas the Employer and the Union wish to clarify certain matters in regards to the maximum weekly hours that the employees may work if required by the Employer.

Now therefore the Employer and the Union as follows:

1. An employee may work up to thirteen (13} hours per day to a maximum of sixty (60} hours per week.

2. As for the sixty (60} hour weekly limit as it applies to Saturday work refer to Appendix A of the Collective Agreement.

This Letter of Agreement is consistent with the Collective Agreement.

DATED at &,J~sJitf{..

Signed on behalf DUFFER IN N \Jn.l~:-t-R""'

·fi: , ON, this J){ day of NmJertJbt~"' , 20 /~

Per

lfofthe ~~~ ~UR ASSOCIATION OFP::NM_'lW

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GRIMSBY MEMBER CENTRE 89 South Service Rd PO Box 219 Grimsby, ON L3M 4G3 T: 905-945-1500 TF: 800-463-2522 F: 905-945-7200 [email protected]

CLAC RETIREMENT 1-800-210-0200

CLAC BENEFITS 1-800-463-2522

clac.ca/myCLAC

CLAC TRAINING 1-877-701-2522

CLAC JOBS 1-877-701-2522

Concrete COLLECTIVE AGREEMENT

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