IP: -21D-< 7

between

STURGEON FALLS BRUSH LIMITED

-and-

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL 793

CERT. FILE --------· ---·

NOV 2 0 LUU6

INDEX

ARTICLE NO. DESCRIPTION PAGE NO.

1. Geographic Area 3

2. Recognition 4

3. Union Security 4

4. Management Rights 5

5. Grievance Procedure 5

6. Arbitration 6

7~- - -- - --- - - - - - - _ Union-Representation _ - _z -

8. Productivity 7

9. No Strike - No Lockout 8

10. Payment of wages 8

11. Classification 8

12. Travel Time and 9 Room &Board

13. Health - Pension Plan 10

14. Duration of Agreement 12

Schedule A Classifications & Wages 13

Schedule B 14

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BETWEEN:

AND:

COLLECTIVE AGREEMENT

Sturgeon Falls Brush Limited 125 Lisgar Street, P.O. Box 1992, Sturgeon Falls, Ontario POH 2GO

· Telephone: 705-753-3883 or 705-753-0978 Fax: 705-753-4447 Hereinafter referred to as the ''Employer"

OF THE FIRST PART;

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793 Hereinafter referred to as the "Union"

OF THE SECOND PART.

WHEREAS the purpose of this Collective Agreement is to establish rates of wages, fringe benefits, hours of work and other working conditions within the Construction Industry in which the Employer participates and to provide for and ensure uniform

... iote.rpretatlon and application in the adminlstr.a_tion of tb.is CoiJectiYe A_greemenL . _ ___ _ _ _ _ _

The Employer and the union hereby covenant and agree each with the other as follows:

ARTICLE 1 - GEOGRAPHIC AREA

1.01 This Agreement shall be effective within the Province of Ontario.

1.02 The terms set out herein and the Schedule attached hereto, shall apply to all work performed by the Employer.

1.03 Therefore, this Agreement, between the Union and the Employer, signed by the accredited officials of both parties, has been mutually agreed upon and the terms as laid out shall be carried out in letter and spirit by both parties. The Agreement covers certain employees of the Employer engaged in wood harvesting and clearing and construction work within the "grey area" and all work incidental thereto. This Agreement shall not apply to work performed within the industrial, commercial and institutional, pipeline and E.P.S.C.A. sectors of the construction industry.

1.04 When an employee is hired in one area of the Province and is transferred by his Employer to another area, he shall not receive a reduction in wages or other conditions. However, if the wages or conditions in the area to which he is transferred be more favourable to the employee, then he shall receive those more favourable wages and conditions.

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ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the union as the sole and exclusive bargaining agent for all employees of the Employer engaged in work covered by the classifications set out in this Agreement, and any additional classifications as may be agreed to by the parties, save and except non-working foremen and those above the rank of non-working foreman.

2.02 The Employer agrees to give preference to those sub-contractors who are in contractual relations with the Union.

2.03 The Employer agrees to assign all classifications listed in the Collective Agreement to the Operating Engineers.

2.04 It is expressly agreed that no employee shall incur a reduction in his/her wage rate or in the level of any benefit, term or condition of employment, expressed or implied, as a result of the signing and implementation of this Agreement.

2.05 It is understood that where the masculine gender is used in this Agreement, it shall _jtiS~CI!JJ:>Iy_to_ihefeminine ggnder. ___________________________________ _

2.06 It is understood and agreed that where the Company does work outside Sturgeon Falls Ontario and other than wood harvesting where a "Dominating Agreement" is applicable, that the wage rates of all employee classifications herein contained but not contained in the "Dominating Agreement" shall be adjusted to reflect similar group classifications therein contained, or where there are no similar group classifications, on a proportionate basis.

2.07 The terms and conditions of employment as set out in the schedules of this Agreement, both monetary and non-monetary; shall apply to all construction work performed in all sectors of the construction industry, save and except the Electrical Power Systems (E.P.S.C.A.), Pipeline and I.C.I. sectors which shall be governed by the terms and conditions of Schedule "B" attached hereto, which is incorporated into and forms part of this Agreement.

ARTICLE 3 - UNION SECURITY

3.01 Each employee shall, when working in a position within the bargaining unit described in Article 2 hereof, be required, as a condition of employment, to have monthly dues checked off on the basis of ~?!6, of gross pay, including hourly wages, benefit contributions, and vacation pay for all hours earned (or such amount as may be assessed by the Union Constitution and By-Laws as Regular Monthly Dues). Such deduction shall be remitted together with the contributions required under Article 13 of this Agreement on or before the 15th day of the month following the month in which such deductions were made. The Employer shall, when making all remittances to the Union, identify employees both by name and social insurance number and indicate the amount deducted from each employee.

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3.02 All employees who join the Union during the lifetime of this agreement shall be required, as a condition of employment, to maintain such membership while working within the bargaining unit for the duration of this Agreement.

3.03 It is expressly understood and agreed that the Employer shall not be required to discharge any employee for any reason other that the non-payment of regular Union dues, notwithstanding anything to the contrary herein contained.

3.04 When an employee authorizes his Employer, in writing, to deduct Union initiation fees from his pay, the Employer will honour such authorization and make the deductions as authorized in accordance with the provisions of Article 3.01 hereof.

3.05 When additional personnel are required, the Employer may call the Area Union Office for such needed supply of local employees and the union agrees to provide the necessary skilled and qualified personnel as quickly as possible. It is further understood that the Employer may request and the union shall clear Union members who have been previously employed by the Employer within a reasonable period of time.

ARTICLE 4 - MANAGEMENT RIGHTS

4.01 The Union agrees that it is the exclusive function of the Employer:

a) To conduct its business in all respects in accordance with its commitments and responsibilities, including the right to manage the jobs, locate, extend, curtail or cease operations, to determine the number of personnel required at any or all operations, to determine the kinds and locations of machines, tools and equipment to be used and the schedules of production, to judge the qualifications of the employees and to maintain order, discipline and efficiency;

b) To hire, discharge, classify, transfer, promote, demote, lay off, suspend or otherwise discipline employees, provided that a claim by an employee that he has been discharged without reasonable cause shall be subject to the provisions of the Grievance Procedure;

c) To make, alter from time to time, and enforce reasonable rules of conduct and procedure to be observed by the employees.

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

ARTICLE 5 - GRIEVANCE PROCEDURE

5.01 There shall be an earnest effort on the part of both parties to this Agreement to settle promptly through the procedure set herein, any complaints, grievances or disputes arising from the interpretation, application or administration of this Agreement.

5.02 All grievances to be dealt with under Step Two below shall be in writing, on a form supplied by the Union and signed by the employees having such grievances.

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6.03 Within five (5) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee.

6.04 Should the person chosen by the Employer to act on the Board and the person chosen by the union fail to agree on a third member as Chairman within five (5) days of the notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to appoint a Chairman.

6.05 The decisions of the Board of Arbitration or a majority of such Board constituted in the above manner shall be binding on the parties to this Agreement.

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

6.07 Each of the parties to this Agreement will bear the expenses of the Arbitrator appointed by it and the parties will jointly bear the expenses of the Chairman.

ARTICLE 7 - UNION R~ESENIAIIOfll

7.01 The Employer agrees to recognize such reasonable number of Stewards as may from time to time be appointed by the Union. The Employer shall not be obliged to recognize such Stewards until he has been informed in writing by the Union of the name of all Stewards as they are appointed. It is recognized that a Steward is an employee of the Employer and has regular duties to perform. A Steward may not leave his duties without prior permission from his foreman. Such permission shall not be unreasonably withheld.

The Union shall inform the Employer in writing of those who cease to be Stewards.

7.02 Representatives of the Union may make arrangements with the job supervisor or his designated representative to meet Stewards or other employees, provided it does not interfere with the work. The Union agrees to give such assistance as required of it by the Employer to secure competent and qualified men.

ARTICLE 8 - PRODUCTIVITY

8.01 The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity.

8.02 The Union agrees it will not involve the Employer in any dispute which may arise between the Union and any other Employers and/or the employees of such other Employers. The Union further agrees it will not condone a work stoppage or observe any picket line place on a job site for jurisdictional purposes.

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ARTICLE 9 - NO STRIKE - NO LOCKOUT

· 9.01 During the life time of this Agreement, the union agrees there will be no strike, slowdown or picketing or any other act which will interfere with the regular schedule of work and the Employer agrees that he will not cause or direct a lockout of his employees covered by this Agreement.

ARTICLE 10- PAYMENT OF WAGES

10.01 Wages shall be paid by cash or cheque bi-weekly on the job, or by mutually agreed arrangements, and shall be accompanied by a slip outlining hours of work, overtime hours, vacation and statutory holiday pay, deductions for income tax, unemployment insurance, Canada Pension, etc., where applicable.

10.02 In the event of lay-off, employees shall receive one hour's notice in advance of the lay-off.

10.03 Whenever vacation and statutory holiday pay credits, Unemployment Insurance Separation Certificate, and pay cheques are not given to employees at the time of

------------'-eiJilioatioor-tbe.y_wilLbe.senLb.y_tbe£mploy_er to...tbe_emplo•j~eab.y_Register.ed _Mail,to_bis last known address, within five (5) working days of the time of termination.

10.04 No employee shall be discharged by his Employer because he refuses to work in unsafe conditions, as per the provisions of the Occupational Health and Safety Act. Failure or refusal by an employee to abide by such regulations, after being duly warned, shall be sufficient cause for dismissal.

ARTICLE 11 - CLASSIFICATIONS AND WAGES, HOURS OF WORK. VACATION & STATUTORY HOLIDAY ALLOWANCES. AND WORKING CONDITIONS

11.01 a) Classifications and Wages

Attached to and forming a part of this Agreement shall be Schedule "A", which is a schedule of Classifications and Wages.

b) Hours of Work and Overtime

The standard hours of work shall be fifty five (55) hours per week, Monday to Sunday, exclusive of travelling time to and from the job.

Servicing of equipment will be paid at the employee's regular straight time rate as in past practice. The operator will be held accountable for the general care of his or her machine.

Hours worked in excess of fifty five (55) hours per week, exclusive of travelling time to and from the job, will be paid at the rate of one and one-half times the employee's regular straight time rate.

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To accommodate the employees where travel distance is a factor, upon agreement with the employees, the employer may combine up to 3 work weeks to accumulate consecutive days off. In such cases, overtime shall be paid after 55 hours times the number of weeks combined (maximum 165 hours in 3 weeks).

c) Vacation and Statutorv HolidavAI!owances

Vacation and Statutory Holiday Pay shall be credited weekly to each employee covered by this Collective Agreement at the rate of 9% of the gross wages earned and income tax will be deducted weekly. It is understood and agreed that 4% of the gross wages is to be considered Vacation Pay and 5% of the gross wages is to be in lieu of Statutory Holiday Pay. It is further understood that Vacation Pay and Statutory Holiday pay credits will be paid to employees on termination and on the first pay day of June and December in each year.

It is understood and agreed that the Statutory Holiday and Vacation Pay Credits will not exceed a total of 9% of gross wages.

Vacations may be taken at any time within the calendar year (without loss of position) and every effort shall be made to schedule vacations to benefit both the Employer and the Employee.

·--------

d) Statutorv Holidavs

The following shall be recognized as paid Statutory Holidays:

New Year's Day Labour Day Dominion Day

Civic Holiday Victoria Day Christmas Day

Good Friday Thanksgiving Day Boxing Day

When a Statutory Holiday fall on a Saturday or Sunday, the Friday preceding, or the Monday following shall be declared the Statutory.

11.02 Working Conditions

Employees will be allowed one coffee break of 15 minutes in each half of the working shift. ·

Employees shall be allowed a one-half hour unpaid lunch break between 11:30 a.m. and 1:00 p.m. It is understood that no employee shall be required to work more than five (5) consecutive hours without a lunch break.

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ARTICLE 12- TRAVEL TIME, AND ROOM AND BOARD

12.01 a) Travel Time (Out of town work)

No travel time or allowance is payable on first 80km (50 miles) of travel to or from jobsite.

When an employee is required to travel to a jobsite in excess of 80 km (50 miles) from the Employer's home base, he/she shall receive one hour's pay for every 80 km (50 miles) or any portion thereof in, and, on completion of the job, return fare of one hour's pay for every 80 km (50 miles) or any portion thereof. Where the employer does not provide transportation, the employee shall also receive a travel allowance of twenty five cents ($.25) per kilometer travelled beyond the first 80 km (50 miles).

b) Room and Board

The Employer shall pay the cost of suitable room and meal allowance to employees required by the Employer to remain away from his or her home.

ARTICLE 13- HEALTH PLAN- PENSION PLAN

13.01 Effective May 1, 2006, the Employer agrees to contribute two dollars and five cents ($2.05) per hour for each hour earned by each employee covered by this Agreement into the International Union of Operating Engineers, Local 793, Members Life and Health Benefit Plan. Effective May 1, 2007, the contribution shall be two dollars and ten cents ($2.10) per hour earned. Effective May 1, 2008, the contribution shall be two dollars and fifteen cents ($2.15) per hour earned.

13.02 These monies shall be remitted in accordance with this Agreement and shall be remitted by the 15th day for the month following the month in which the hours have been earned and at no time shall the contributions be paid directly to the employee.

13.03 In the event the Employer fails to remit the contributions for the Benefit Plan by the 15th day of the month due, the Trustees may charge interest at the rate of one percent (1 %) per month for any delinquent contributions thirty (30) days in arrears, provided the Employer has received five (5) days written notice to correct such delinquency.

13.04 With reasonable cause, the Trustees may request the Employer to submit to them within a stipulated period, a certified audited statement of payroll contributions to the Fund for a period from the effective date of this Agreement until the date the audit takes place. Such statements shall reply to the questions submitted to the Employer by the Trustees.

13.05 If the Employer does not submit the certified audited statements as per the above, the Trustees may appoint an independent chartered accountant to enter upon the Employer's premises during the regular business hours to perform an audit of the Employer's contributions or deductions to the required Employee Plan.

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13.06 Where the Trustees appoint an auditor the cost shall be born by the Plan.

13.07 In the event such audit reveals that the Employer has failed to remit contributions in accordance with the provisions of this Agreement, the Employer shall, within five (5) days of receipt of written notice from the Trustees, remit all outstanding contributions along with completed supporting contribution report forms as required by the Plan.

13.08 When the Employer fails to remit all delinquent contributions, the provisions of the above shall apply and the Union, on instructions from the Trustees, shall immediately institute proceedings against the delinquent Employer under the Labour Relations Act of Ontario. All costs of such actions shall be born by the appropriate plan or fund unless otherwise recoverable.

13.09 Where the Trustees deem an Employer to be a persistent delinquent in the submission of contributions, they may require the Employer to post a bond or certified cheque not to exceed $5 000.00 to be held in trust by the Trustees for a period to be determined by the Trustees.

-·-·----i~:J:o-rtan Employer does-nor-have any employees in his empluy;-ne-511all--submit--a-Nlt report in accordance with the provisions above.

13.11 It is agreed to by the parties that the current company pension practice will remain in effect but the parties will meet during the term of this agreement to review and consider the Local 793 Pension Plan.

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ARTICLE 14 -DURATION OF AGREEMENT

14.01 This Agreement shall ~~C()m~ effective on the first (1~)ldayc.bf fvl9y; ;?<Jo'Q, and shall remain in effect until the IDJil:Mh (3j')I:JJ) t;l?y Af June. 2009. and shall continue in force from year to year thereafter, unless either party shall furnish the other with notice of tennination or proposed revision of this Agreement within ninety (90) days before the ltilf:'lli~tl\ (~.Ottiltc;l~y;'~f.'!Ilde, i\lo9, or in a like period in any year thereafter.

In WITNESS WHEREOF the parties have caused this instrument to be executed by their duly authorized representatives.

DATED this (<I- day of Q4g..., ,.~ ~ . , 2006.

Sturgeon Falls Brush Limited

Mr. J.P. Martin General Manager

125 Lisgar Street P.O. Box 1992 Sturgeon Falls, Ontario POH 2GO Phone# 705-753-3883 or 705-753-0978 Fax# 705-753-4447

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International Union of Operating Engineers, Local 79.3

Mr. Michael Gallagher Business Manager

Mr. Rick Kerr Recording Secretary

12

SCHEDULE "A" CLASSIFICATIONS AND WAGES

Classification 1: Operators of Cranes, Track excavators, Tub Grinder, Boom Trucks ( 8 tons and over), Backhoes with attachments ( Saw, Snipper, Delimber, Feller Buncher. etc.) Hydro Axe, Dozers, Loaders, Licenced Mechanics, Welders, Dozers D5 & over, Big Chippers and similar equipment, Instrument man (surveyor).

May 1, 2006 Experienced: $18.00

May 1,2007 $18.25

May 1, 2008 $18.50

Classification 2: Operators of Cat 420 Backhoes or similar, Hiab Type, Log Loaders, Boom Trucks under 8 tons, Forklifts, Nodwell (or swamp type vehicles) Float Drivers, Loader operators Dozers operators D5 and under, Spray Vehicle Operator, Grapple Skidder. Servicemen and Senior Rod man and Senior Chainman.

May 1, 2006 May 1, 2007 May 1, 2008 Experienced: $""17'--'."'00,__ _____ ----"$,_,.11__7._.,. 2""'5 ____ ~$~17,_,.~50,__ ________ _

Classification 3: Operators of Chain Saw, Small Chipper, Line Skidder, Skid Steer Kabota type equipment, and similar.

May 1, 2006 Experienced: $16.00

May 1, 2007 $16.25

May 1, 2008 $16.50

Classification 4: Mechanics & Welders helpers and Serviceman help, Pump, Sprayer and Compressor Man, Junior Rodman and Junior Chainman and Tandem Truck Driver, and beginner Chain Saw.

Skilled: May 1, 2006

$14.00

Classification 5: General help

May 1, 2006 $9.50

_May 1, 2007 $14.25

May 1, 2007 $9.75

May 1, 2008 $14.50

May 1, 2008 $10.00

Working Foremen will receive One Dollar ($1.00) per hour above the Classification 1 rate.

Board Allowance:

The employer pays the costs of suitable room and board to employees required by the employer to remain away from his or her home.

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SCHEDULE "B"

LC.L WORK

For all work performed or undertaken or contracts let or sublet by the Employer in the I.C.I. sector of the construction industry, the terms and conditions of the Provincial Employer Bargaining Agency Collective Agreement shall apply for all classifications covered by said Agreement.

For all other employee classifications, similar terms and conditions shall apply, save the wage rates shall be determined by reference to the formula described in Article 2.06

PIPELINE WORK

For all work performed or undertaken or contracts let or sublet by the Employer in the pipeline sector of the construction industry, the terms and conditions of the prevailing collective agreement (both monetary and non-monetary) between the Pipeline Contractors' Association of Canada and the International Union of Operating Engineers shall apply, for all classifications covered by said Agreement.

For all other employee classifications similar terms and conditions shall apply, save that wage rates shall be determined by reference to the formula described in Article 2.06.

ELECTRICAL POWER SYSTEMS WORK

For all work performed or undertaken or contracts let or sublet by the Employer in the Electrical Power Systems sector of the construction industry, the terms and conditions (both monetary and non-monetary) of the prevailing collective agreement between the Electrical Power Systems Construction Association (E.P.S.C.A.) and the Ontario Allied Construction Trades Council shall apply, for all classifications covered by said Agreement.

For all other employee classifications similar terms and conditions shall apply, save that wage rates shall be determined by reference to the formula described in Article 2.06

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