KA VANDERZWAAG CONSTRUCTION INC. … and Civil... · INTERNATIONAL UNION OF OPERATING ENGINEERS ......

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COLLECTIVE AGREEMENT betvveen KA VANDERZWAAG CONSTRUCTION INC. hereinafter referred to as the "Employer" OF THE FIRST PART -and- INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL793 hereinafter referred to as the "Union" OF THE SECOND PART WHEREAS the Employer currently has no employees engaged in work in the geographic areas outlines below, and wish to enter into a pre-hire collective agreement with the Union for the supply of employees; AND 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 provide for and ensure uniform interpretation and application in the administration of this Collective Agreement. The Employer and the Union hereby covenant and agree each with the other as follows: ARTICLE 1 - GEOGRAPHIC AREA 1.1 This Agreement shall be effective within the districts and board areas of Rainy River, and Kenora, Kenora-Patricia, Algoma, Manitoulan and all districts in the province of Ontario north of the French River including the districts and board areas within a radius of 81 Kilometres (approximately 50 miles) of the Timmins Federal Building, within a radius of 57 kilometres (approximately 35 miles) of the city of Sudbury Federal Building, with a radius of 33 kilometres (approximately 20 miles) of the North Bay post office, the town of Kirkland Lake and the geographic township adjacent thereof in the district ofTemiskaming and the districts of Cochrane above and below the 49th parallel of latitude, and in the District of Thunder Bay.

Transcript of KA VANDERZWAAG CONSTRUCTION INC. … and Civil... · INTERNATIONAL UNION OF OPERATING ENGINEERS ......

COLLECTIVE AGREEMENT

betvveen

KA VANDERZWAAG CONSTRUCTION INC.

hereinafter referred to as the "Employer"

OF THE FIRST PART

-and-

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL793

hereinafter referred to as the "Union"

OF THE SECOND PART

WHEREAS the Employer currently has no employees engaged in work in the geographic areas outlines below, and wish to enter into a pre-hire collective agreement with the Union for the supply of employees;

AND 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 provide for and ensure uniform interpretation and application in the administration of this Collective Agreement.

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

ARTICLE 1 - GEOGRAPHIC AREA

1.1 This Agreement shall be effective within the districts and board areas of Rainy River, and Kenora, Kenora-Patricia, Algoma, Manitoulan and all districts in the province of Ontario north of the French River including the districts and board areas within a radius of 81 Kilometres (approximately 50 miles) of the Timmins Federal Building, within a radius of 57 kilometres (approximately 35 miles) of the city of Sudbury Federal Building, with a radius of 33 kilometres (approximately 20 miles) of the North Bay post office, the town of Kirkland Lake and the geographic township adjacent thereof in the district ofTemiskaming and the districts of Cochrane above and below the 49th parallel of latitude, and in the District of Thunder Bay.

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1.2 The terms set out herein and the Schedules attached hereto shall apply to all work performed by the Employer in the Construction Industry excluding work performed within the industrial, commercial and institutional sector, EPSCA and the Pipeline sector, and the accredited agreement negotiated by the Provincial Utilities Construction Association.

ARTICLE 2 - RECOGNITION

2.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees of the Employer engaged in work in the geographic areas listed above, save and except for non­working foreman and those above the rank of non-working foreman, and save and except those engaged in all construction work other than road building, site preparation, drilling and blasting, wrecking and heavy engineering in the district of Thunder Bay, but outside the municipal boundaries of the City of Thunder Bay. For clarity, this recognition is not intended to overlap with and bargaining rights held by any other trade union.

2.2 It is recognized by both parties that engineers and certified engineering technicians may use survey instruments provided that the use is of an intermittent nature and is not on a full time basis.

2.3 It is further agreed that where practical, employees (other than regular employees) of the Employer will be required to obtain a Clearance Card from the Union provided that the Union maintains a regular dispatch office within a reasonable distance from the project.

2.4 The Employer agrees to give preference to those sub-contractors who are in contractual relations with the Union, provided such sub-contractors are available and prepared to bid competitively at the time of tendering.

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

2.6 It is understood that were the masculine gender is used in this Agreement it shall also apply to the feminine gender.

2.7 Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any judgement or order of a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions hereof and such remaining portions shall continue to be in full force and effect.

ARTICLE 3 - UNION SECURITY

3.1 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 dues checked off on the basis of 2%

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of the total monetary package, which includes the hourly rate, vacation pay, health plan and pension plan contributions for each hour earned plus $25.25 per month in monthly dues. The dues may be adjusted as directed by IUOE Local 793. Such deductions shall be remitted together with the contributions required under Articles 12 and 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.

3.2 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.

3.3 It is expressly understood and agreed that the Employer shall not be required to discharge any employee for violation of the provisions of this Article for any reason other than the non-payment of regular Union dues, assessments and defence funds.

3.4 Where 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 3.1 hereof.

3.5 When additional personnel are required, the Employer shall call the Union dispatcher for such needed supply of local employees and the Union agrees to provide the necessary skilled and qualified personnel as quickly as possible.

If the Union cannot supply such personnel within forty-eight ( 48) hours excluding Saturdays, Sundays and Holidays, the Employer may secure such personnel from any other source. These Employees shall apply to become members of the Union within fifteen (15) days.

3.6 The Employer may recall former regular Employees through the Union office who have been absent from the Employer up to 12 months.

Regular employees shall be defined as employees who have been on the employer's payroll for 6 consecutive months or more.

ARTICLE 4- MANAGEMENT RIGHTS

4.1 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 men required at any or all operations, to determine the kinds and locations of machines, tools and equipment to be used and the schedules of

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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

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

5.2 New employees shall be considered probationary employees until they have completed 6 months of employment with the employer. The layoff or termination of a probationary employee may not be made the subject of a grievance.

5.3 All grievances to be dealt with under Stage 2 below shall be in writing, on a form supplied by the Union and signed by the employees having such grievances.

5.4 Written grievances, to be valid, shall set out the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought, shall not be subject to change at later steps, except by mutual agreement in writing with the Employer, or in the case of remedy, by an Arbitration Board.

5.5 In determining the time which is allowed in the various stages of the grievance procedure working days as determined by the grieving employees schedule of working days shall apply.

5.6. If advantage of the provisions of Articles 5 and 6 hereof is not taken within the limits therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened.

5.7 The Employer shall designate and name the official to whom a written grievance is submitted at Stage 2.

5.8 It is understood and agreed that an employee does not have a grievance until he/she has discussed the matter with his/her foreman or other supervisory personnel acting in this capacity

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and given him/her an opportunity to deal with the complaint. His/her decision shall be made known to said employee within two days.

Grievances properly arising under this Agreement shall be adjusted and settled as follows:

Stage 1:

Within ten (10) days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee, with or without the Steward, shall present his/her grievance orally or in writing to the Official of the Employer named by the Employer to handle grievances at this Stage. If a settlement satisfactory to the Union and the Employer is not reached within ten (10) full days, a grievance may be presented as indicated in Stage 2 at any time within ten (10) full days thereafter.

Stage 2:

(a) At this stage, the grievance may be processed as an individual, joint, or Union grievance and shall be presented in writing by a Union Steward or Representative to the Employer Official assigned to handle written grievances.

(b) The Employer or the Union may process a written grievance at this stage concerning the interpretation or alleged violation of the Agreement.

ARTICLE 6 -ARBITRATION

6.1 The parties to this Agreement agree that any grievance concerning the interpretation or alleged violation of this Agreement which has been properly carried through all the stages of the grievance procedure outlined in Article 5, which has not been settled, will then be referred to a single Arbitrator at the request of either of the parties hereto.

6.2 The decisions of the Arbitrator shall be binding on the parties to this Agreement.

6.3 The Arbitrator 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, or to give any decisions inconsistent with the terms and provisions of this Agreement.

6.4 Each of the Parties to this Agreement will bear the expenses of the Arbitrator.

ARTICLE 7- UNION REPRESENTATION

7.1 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

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he/she has been informed in writing by the Union of the names of all Stewards as they are appointed and it is further agreed by the Union that it will select Stewards from among the long term and experienced employees who are familiar with the Company's operations. It is recognized that a Steward is an employee of the Employer and has regular duties to perform. A steward may not leave hisjher duties without prior permission from his/her foreman or immediate supervisor. Such permission shall not be unreasonably withheld provided that the work is not interfered with. Before resuming their duties on behalf of the Company such employees will report to their foreman or supervisor. The Union shall inform the Employer in writing of those who cease to be stewards.

7.2 The Union Steward shall be one of the last two (2) Employees to remain working provided he/she is capable and competent of performing the remaining work. The Steward will also be one of the first two to be recalled after layoffs or work stoppages.

7.3 The business representative of the Union shall have access to any of the jobs of the Company during working hours where employees covered by this Agreement are employed, provided he/she has secured prior approval of the Superintendent or acting manager and provided such access does not interfere with the work. Camp visits while outside of working hours must be cleared with the job supervisor or his/her designated representative, such clearance not to be unreasonably withheld.

The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified personnel for the job.

ARTICLE 8 - PRODUCTIVITY

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

8.2 The Union agrees it will not involve the Employer in any dispute which may arise between the Union and 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 placed on a job site for jurisdictional purposes.

ARTICLE 9 - NO STRIKE, NO LOCKOUT

9.1 During the lifetime 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 the company will not cause or direct a lockout of its employees covered by this Agreement.

ARTICLE 10- PAYMENT OF WAGES

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10.1 Wages shall be paid by cash, cheque or direct deposit into a bank account selected by the employee, bi-weekly, 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.

10.2 In the event of a layoff, employees shall receive one hour's notice in advance of layoff.

10.3 Whenever vacation and statutory holiday pay credits, Unemployment Insurance Separation Certificate and pay cheque are not given to employees at the time of termination, they will be sent by the Employer to the employee by prepaid mail, to his/her last known address, within three business days of the time of termination.

10.4 No employee shall be discharged by the Employer because he/she 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 - HOURS OF WORK, RATES OF WAGES, VACATION AND STATUTORY HOLIDAY ALLOWANCE AND WORK CONDITIONS

The following provisions regarding Hours of Work and Overtime, Vacation Pay and Statutory Holiday Allowance, Statutory Holidays, and Reporting Pay are applicable:

11.1 HOURS OF WORK AND OVERTIME

a) ROADBUILDING (Schedules A & D)

It is hereby agreed to by the parties to this agreement, that this schedule forms part of this agreement on all roadbuilding:

The normal work week shall begin on Monday and end on Friday and shall consist of fifty-five (55) hours work at the regular rate of pay and such additional hours as are necessary at one and one-half (1 112) times the regular rate of pay.

Overtime at the rate of double (2x) the employees currently hourly rate shall be paid to all employees for all work performed on Sundays and on the statutory Holidays listed.

It is agreed to by the parties that on some projects, it may be beneficial to the Employees and

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the Employer to modify the hours of work. This may be considered and, if mutually agreed to by all the parties, instituted on a project by project basis.

1. The Company will not discriminate against any employees because of his failure to work on Saturdays.

2. It is agreed that where employees are engaged on emergency work, overtime rates shall not apply.

3. Shift Premium

For all work on a second and/or third shift, a premium of one dollar and fifty cents ($1.50) per hour shall be paid, over and above the regular rate of pay.

4. Co-operation

It is agreed that no present employees shall suffer a reduction in his rate of wages, vacation and statutory holiday allowance and Health and Welfare Benefits through the introduction of this Collective Agreement.

b) SEWER & WATER (Schedules B & Dl

1. Overtime at the rate of time and one half (1 112) the employee's current hourly rate shall be paid to all employees, other than watchmen, for all work performed in excess of ten (10) hours per day, Monday to Friday inclusive, excluding travelling time to and from the job.

2. Overtime at the rate of time and one half (1 V2) the employee's current hourly rate shall be paid to all employees for all work performed on Saturday.

3. Overtime at the rate of double (2x) the employee's current hourly rate shall be paid to all employees for all work performed on Sundays and on the Statutory Holidays listed. It is agreed to by the parties that on some projects, it may be beneficial to the Employees and the Employer to modify the hours of work. This may be considered, and if mutually agreed to by all the parties, instituted on a project by project basis.

4. Notwithstanding (a) and (b) above, where a tender calling authority required the contractor not to work on Friday afternoon, the hours of work so lost may be made up at straight time. The contractor will notify the Union when this requirement exists, and the parties shall mutually agree on the hours of work for such projects.

5. Shift Premium

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A shift premium of one dollar and fifty cents ($1.50) per hour will be paid for all work performed on a regular scheduled second shift or third shift. The Company shall endeavor to give 24 hours prior notice to work needing to be performed on a Saturday.

11.02 It is expressly agreed that non-construction work, snow removal and sanding operations shall be performed at straight time rates under the classifications listed in this Agreement.

ARTICLE 11.03(a)- VACATION AND STATUTORY HOLIDAY PAY

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 weekly.

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.

ARTICLE 11.03 (b)- STATUTORY HOLIDAYS:

All work performed on the following holidays shall be paid for at double (2x) the regular rate of wages:

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

Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day

If the government of the Province of Ontario amends "Holiday" to include Heritage Day, such holiday shall be a holiday herein.

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Should any of the above holidays occur on a Saturday or Sunday, such holiday shall be observed on the Monday and/or Tuesday following unless changed by mutual agreement between the Employer and the Union. No work shall be performed on Labour Day except to save life, limb, or property.

11.4 Attached to and forming part of this Agreement are the following schedules:

Schedule "A"- Roadbuilding Schedule "B"- Sewer and Watermain Work Schedule "C"- Being a schedule outlining (a) I.C.I. Work,(b) Pipeline Work, (c) Electrical Power

systems Schedule "D"- Roadbuilding and Sewer and Watermain Work

11.5 If the employer elects employees will be paid from 12:30 to 1:00 at the rate applicable to their classification to service their machines. During this period they will be responsible for greasing, checking fluid levels, and cleaning their equipment. Those who are not operating a piece of equipment are expected to carry out their regular duties or assist an operator in servicing his/her machine. It is understood that in order to be fully qualified as an operator an operator must be able to grease and maintain fluid levels on his/her machine. The company may retain the right to alternatively engage the services of a serviceperson if the nature of the job warrants. In that case arrangements will be made to service the equipment when the equipment is not being used in production. This servicing will be done by a member of the bargaining unit.

11.6 Employees will be allowed a one half (1/2) hour unpaid lunch break between 11:30 and 1:30 pm. It is understood that no employees shall be required to work more than (5) consecutive hours without a lunch break.

11.7 Employees shall be allowed one 10 minute coffee break in each half of the working shift and an additional coffee break at 12hrs and every two hours thereafter.

11.8 Employees will fill out timesheets daily in the prescribed format on the prescribed forms. Safety concerns and mechanical problems are to be reported on the timesheets for further action by others.

11.9 Allowance

a) When an employee is travelling in a personal vehicle and is sent to a job outside the City Limits of Thunder Bay, he shall receive one (1) hours pay for every (80) kilometres travelled to the job, and the same on completion of the job to return to Thunder Bay.

b) When an employee is travelling in a personal vehicle and is required to commute on jobs outside of Thunder Bay, the first one-half hour will be free, and then the employee will be paid

straight time for commuting.

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c) Where an employee, who is employed by the Company, is required to work out of the area and is unable to return home each night, he/she shall be provided with suitable room by the Company, and he shall be paid fifty-seven ($57.00) dollars per day for meals for each working day over and above his weekly earnings. Effective April 1, 2018 increase to fifty-nine ($59.00) dollars per day. Effective April 1, 2019 increase to sixty-one ($61.00) dollars per day. The Company will assist the employee in securing suitable accommodation. In lieu of the above arrangement under mutual agreement between the worker and the management, the will provide a daily room and board allowance of ninety-three ($93.00) dollars per day, effective April15t, 2018 increase to ninety-five ($95.00) dollars per day, effective April1 5

t,

2019 increase to ninety-seven ($97.00) dollars per day.

d) Where an employee reports for work in the morning at the regular starting time and is prevented from working due to inclement weather he/she shall be entitled to be paid a minimum of two (2) hours pay as standby pay or for the time he/she is actually required by the Employer to standby if it is longer than two hours.

e) Where an employee is called out to work in an emergency, he/she shall be entitled to be paid a minimum of two hours pay at the applicable rate or for the time he/she is actually required by the Employer if it is longer than two hours.

ARTICLE 12- TRAINING

12.1 a) Apprentices shall be properly registered with the Ontario College of Trades. b) Indentured Apprentices wages will be based on hours of work in the respective classification as follows: 0-2000 hrs worked @ 70% currently 2001-4000 hrs worked @ 80% currently 4001-6000 hrs worked @ 90% currently Journey Person @100% currently

c) For other equipment trainees, it is understood that a learner rate will be mutually agreed upon for the first 300 hrs. at the new classification, provided that the learner rate is not less that the employees prior classification. At the end of 300 hrs., the employee will be checked out on the piece of equipment, and if he or she checks out, he or she will become a qualified operator of that piece of equipment.

12.2 Each Apprentice and Trainee will be required to keep a daily work record with each employer.

12.3 Each Employer shall contribute ten (10¢) cents per hour to the Training Fund for each hour worked by each employee in his employ, to be submitted with the Pension and Health Fund

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payments herein provided, and to be remitted to the Training Fund for the purpose of developing and implementing programs established by the Training Fund

ARTICLE 13 - BENEFIT & PENSION PLAN

13.1 a) Returning regular employees as defined in article 3.6 will have the option of maintaining their present benefit and RRSP plans with the employer or choosing the IUOE Local 793 members Life and Health Benefit Trust of Ontario and IUOE Local 793 members Pension Trust of Ontario.

b) All new employees to the company as expressed under article 2.1 shall be party to the IUOE Local 793 member's life and health benefit trust of Ontario, and 793 members Pension Trust of Ontario.

13.2 The parties hereto agree that the employee benefit plans shall be jointly trusteed by an equal number of trustees appointed by Employers and alike number of trustees appointed by the Union.

13.3 The allocation of the contributions specified under the terms of the Agreement between the IUOE local 793 Members Life and Health Benefit Trust of Ontario and IUOE Local 793 Members Pension Benefit Trust of Ontario shall be as mutually agreed by the Health and Pension Trustees, and shall be distributed by an independent administrator appointed by mutual agreement of the Health and Pension Trustees.

13.4 These monies shall be remitted in accordance with this Agreement and shall be remitted by the 15th day of the month following the month in which the hours have been accrued, together with supporting information entered on a Reporting Form as designated by the Trustees of the Plan and at no time shall the monies be paid directly to the employee.

13.5 In the event the Employer fails to remit the contributions for the Benefit and Pension 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.

13.6 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 these funds for a period from the effective date of this Agreement until the date the audit takes place. Such statement shall reply to the questions submitted to the Employer by the Trustees.

13.7 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 records only with respect to the Employer's contributions or deductions to the required employee Benefit and Pension Plans. Where the Trustees appoint an auditor the cost shall be borne by the Plan.

In the event such audit reveals that the Employer has failed to remit contributions in accordance

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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 contributions report forms as required by the Plan.

13.8 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 borne by the appropriate plan or fund unless otherwise recoverable.

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 five thousand dollars ($5,000.00) to be held in trust by the Trustees for a period to be determined by the Trustees.

13.9 If the Employer does not have any employees in the bargaining unit it shall submit a nil report in accordance with the provisions above.

ARTICLE 14- DURATION OF AGREEMENT

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14.1 This Agreement shall become effective on the first (l5t) day of June 1, 2017, and shall remain in effect until the thirty first (31) day of May 2020 and shall continue in force from year to year thereafter, unless either party shall furnish the other with notice of termination or proposed revision of this Agreement within ninety (90) days before the thirty first (31) day of May 2020, 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 s-

/ r day of d(,(,.A.Q_, 2017 at Thunder Bay, Ontario.

ON BEHALF OF: KA VANDERZWAAG.

Kevin Vanderzwaag PRESIDENT

VICE-PRESIDENT

Address

Jds~l'fAJ) CJ~r¢" 7 ,">71< (JGfo City, Province, Postal Code

rl.) ( ~o)) ~39- I~ r:-'( J~) (IS'o?J- 9~9- 1 ~ 1 'I Telephone and Fax Numbers

Email Address

ON BEHALF OF: INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 793

~Ai Michael Gallagl'?'er, Business Manager

Rick Kerr, Treasurer

:XU Dowdall, Vice President

SCHEDULE A- MINIMUM WAGE RATES FOR ROADBUILDING

Classification I:

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Gradall operator, Clam operator, Crane Operator including Pile Driving, Shovel Operator, Dragline Operator, Backhoe Operator, Heavy Duty Mechanic Licensed, Derricks, Caisson Boring Machines over 25 H.P., Survey Instrument Man

June 1, 2017 June 1, 2018 June 1, 2019

Classification II:

WAGE

27.23 27.77 28.32

VAC PAY

2.45 2.49 2.55

Welder Class A licensed, Grader Operator Class A

June 1, 2017 June 1, 2018 June 1, 2019

Classification III:

WAGES

25.88 26.39 26.92

VAC PAY

2.33 2.37 2.42

BENEFIT PLAN 3.65 3.80 3.95

BENEFIT PLAN 3.65 3.80 3.95

PENSION PLAN 3.20 3.30 3.40

PENSION PLAN 3.20 3.30 3.40

TOTAL

36.53 37.37 38.22

TOTAL

35.06 35.86 36.69

Roller Operator on Asphalt, Washing Plant Operator, Crusher, Asphalt Plant Operator, Asphalt Spreader, Concrete Spreader, Scraper, Bulldozer Operator including Sideboom Operator, Crawler, or Rubber Tired Industrial Tractor with attachments, Oil Distributor Operator, Pitman Type Truck over 6 Ton, Trenching Machines, Caisson Boring Machines under 25 H.P., Front End Loader 1 V2 cu. Yd. and over

WAGES VAC PAY BENEFIT PENSION TOTAL PLAN PLAN June 1, 2017 25.77 2.32 3.65 3.20 34.94 June 1, 2018 26.29 2.37 3.80 3.30 35.76 June 1, 2019 26.82 2.41 3.95 3.40 36.58

Classification IV:

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Improver Mechanic, Curb Machine Operator, Float Driver over 25 tons, Boiler Fireman, Front End Loader under 1 112 cu. Yd., Grader Operator Class B, Improver Welder, Chip Spreading Machine Operator, Off Highway Type Earth & Rock Vehicle

June 1, 2017 June 1, 2018 June 1, 2019

Classification V:

WAGES

21.86 22.38 22.72

VAC PAY

1.97 2.01 2.05

BENEFIT PLAN

3.65 3.80 3.95

PENSION PLAN

3.20 3.30 3.40

30.66 31.40 32.14

Fuel and Lubricant Vehicle, Water Spreader Operator, Float 25 tons and under, Compactor and Roller Operator (on grade),Boom Truck Operator, Auger 8" and over, Pitman Type truck 6 tons and under, Senior Rodman

WAGES VAC PAY BENEFIT PENSION TOTAL

PLAN PLAN June 1, 2017 21.27 1.91 3.65 3.20 30.02 June 1, 2018 21.70 1.95 3.80 3.30 30.75 June 1, 2019 22.13 1.99 3.95 3.40 31.48

Classification VI:

Oiler & Greaser, Farm Tractor Operator (When used for excavation or compaction), Mechanic's Helper, Survey He! er, Pumpman

June 1, 2017 June 1, 2018 June 1, 2019

WAGES

20.53 20.94 21.35

VAC PAY

1.85 1.88 1.92

BENEFIT PLAN 3.65 3.80 3.95

PENSION PLAN 3.20 3.30 3.40

TOTAL

29.23 29.92 30.62

LOCAL 793/KA VANDERZWAAG 2017-20 pg. 17

SCHEDULE B- MINIMUM WAGE RATES FOR SEWER AND WATERMAIN WORK

Classification I:

Gradall Operator, Clam Operator, Crane Operator including Pile Driving, Shovel Operator, Dragline Operator, Backhoe Operator, Heavy Duty Mechanic Licensed, Derricks, Caisson Boring Machines over 25 H.P., Survey Instrument Man

June 1, 2017 June 1, 2018 June 1, 2019

Classification II:

WAGES

27.62 28.17 28.73

Welder Class A licensed

WAGES

June 1, 2017 June 1, 2018 June 1, 2019

Classification III:

26.35 26.87 27.40

VAC PAY

2.48 2.54 2.59

VAC PAY

2.37 2.42 2.47

BENEFIT PLAN 3.65 3.80 3.95

BENEFIT PLAN 3.65 3.80 3.95

PENSION PLAN 3.20 3.30 3.40

PENSION PLAN 3.20 3.30 3.40

TOTAL

39.95 37.81 38.67

TOTAL

35.57 36.41 37.25

Roller Operator on Asphalt, Washing Plant Operator, Crusher, Asphalt Plant Operator, Asphalt Spreader, Concrete Spreader, Scraper, Bulldozer Operator including Sideboom Operator, Crawler, or Rubber Tired Industrial Tractor with attachments, Oil Distributor Operator, Pitman Type Truck over 6 ton, Trenching Machines, Caisson Boring Machines under 25 H.P., Front End Loader 1 112 cu. yd. and over

WAGES VAC PAY BENEFIT PENSION

TOTAL PLAN PLAN June 1, 2017 25.96 2.33 3.65 3.20 35.14 June 1, 2018 26.47 2.38 3.80 3.30 35.95 June 1, 2019 26.99 2.42 3.95 3.40 36.76

Classification IV:

LOCAL 793/KA VANDERZWAAG 2017·20 pg. 18

Improver Mechanic, Curb Machine Operator, Float Driver over 25 tons, Boiler Fireman, Front End Loader under 1 112 cu. yd., Grader Operator Class B., Improver Welder, Chip Spreading Machine Operator, Off Highway Type Earth & Rock Vehicle

June 1, 2017 June 1, 2018 June 1, 2019

Classification V:

WAGES VAC PAY

22.40 22.85 23.31

2.01 2.06 2.10

BENEFIT PLAN 3.65 3.80 3.95

PENSION PLAN 3.20 3.30 3.40

TOTAL

31.26 32.00 32.75

Fuel and Lubricant Vehicle, Water Spreader Operator, Float 25 tons and under, Compactor and Roller Operator (on grade) Boom Truck Operator, Auger 8" and over, Pitman Type Truck 6 tons and Under, Senior Rodman

June 1, 2017 June 1, 2018 June 1, 2019

Classification VI:

WAGES

21.26 21.70 22.13

VAC PAY

1.91 1.95 1.99

BENEFIT PLAN

3.65 3.80 3.95

PENSION PLAN

3.20 3.30 3.40

30.02 30.75 31.48

Oiler and Greaser, Farm Tractor Operator (When used for excavation or compaction) Mechanic's Helper, Survey Helper, Pumpman

June 1, 2017 June 1, 2018 June 1, 2019

WAGES

20.52 20.93 21.34

VAC PAY

1.84 1.88 1.92

BENEFIT PLAN 3.65 3.80 3.95

PENSION PLAN 3.20 3.30 3.40

TOTAL

29.21 29.91 30.61

SCHEDULE "C"

(a) I.C.I. WORK

LOCAL 793/KA VANDERZWAAG 2017-20

pg. 19

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 2.8.

(b) PIPELINE WORK

For all work performed or undertaken or contracts let or sublet by the Employer in the pipeline sector of the construction industry and 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 2.8.

(c) ELEGRICAL POWER SYSTEMS

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, save that wage rates shall be determined by reference to the formula described in Article 2.8.

SCHEDULE "D"

LOCAL 793/KA VANDERZWAAG 2017·20

pg. 20

MINIMUM WAGE RATES FOR ROADBUILDING AND SEWER & WATERMAIN WORK

Classification 1:

Formbuilders on Structures WAGES VAC BENEFIT PENSION TOTAL

PAY PLAN PLAN

June 1, 2017 23.06 2.07 3.65 3.20 31.98 June 1, 2018 23.52 2.12 3.80 3.30 32.74 June 1, 2019 23.99 2.16 3.95 3.40 33.50

Hydraulic Drillers Experienced WAGES VAC BENEFIT PENSION TOTAL

PAY PLAN PLAN June 1, 2017 24.80 2.23 3.65 3.20 33.88 June 1, 2018 25.31 2.28 3.80 3.30 34.68 June 1, 2019 25.82 2.32 3.95 3.40 35.49

Air Trac & Hydraulic Driller 500 Hours WAGES VAC BENEFIT PENSION TOTAL

PAY PLAN PLAN June 1, 2017 23.44 2.11 3.65 3.20 32.40 June 1, 2018 23.91 2.15 3.80 3.30 33.16 June 1, 2019 24.39 2.19 3.95 3.40 33.93

Hydraulic Driller less than 500 hours experience WAGES VAC BENEFIT PENSION TOTAL

PAY PLAN PLAN June 1, 2017 22.05 1.98 3.65 3.20 30.89 June 1, 2018 22.49 2.02 3.80 3.30 31.62 June 1, 2019 22.94 2.06 3.95 3.40 32.335

Experienced Powderman Blaster WAGES VAC BENEFIT PENSION TOTAL

PAY PLAN PLAN June 1, 2017 2481 2.23 3.65 3.20 33.89 June 1, 2018 25.31 2.28 3.80 3.30 34.68 June 1, 2019 25.82 2.32 3.95 3.40 35.49

Powderman Blaster 500 hours but less than 1000 hours of experience WAGES VAC BENEFIT PENSION

June 1, 2017 June 1, 2018 June 1, 2019

23.43 23.90 24.38

PAY PLAN PLAN 2.11 3.65 3.20 2.15 3.80 3.30 2.19 3.95 3.40

Powderman Blaster less than 500 hours of experience WAGES VAC BENEFIT

June 1, 2017 June 1, 2018 June 1, 2019

22.05 22.46 22.94

Torch Cutters on Pipe Pile WAGES

June 1, 2017 22.56 June 1, 2018 23.01 June 1, 2019 23.47

Ironer, Lead Miners; air trak drillers WAGES

June 1, 2017 22.27 June 1, 2018 22.72 June 1, 2019 23.17

PAY PLAN 1.98 3.65 2.02 3.80 2.06 3.95

VAC BENEFIT PAY PLAN 2.03 3.65 2.07 3.80 2.11 3.95

VAC BENEFIT PAY PLAN 2.00 3.65 2.04 3.80 2.09 3.95

PENSION PLAN 3.20 3.30 3.40

PENSION PLAN 3.20 3.30 3.40

PENSION PLAN 3.20 3.30 3.40

LOCAL 793/KA VANDERZWAAG 2017-20

pg. 21

TOTAL

32.39 33.15 33.92

TOTAL

30.89 31.62 32.35

TOTAL

31.44 32.18 32.93

TOTAL

31.12 31.86 32.61

Reinforced steel setter, form setter on retaining walls, bridges, etc. Concrete finisher on retaining walls, bridges, etc, burners and asphalt rakers, miner, jack hammermen, asphalt rakers; pipelayer

June 1, 2017 June 1, 2018 June 1, 2019

WAGES VAC BENEFIT PENSION TOTAL

22.05 22.49 22.94

PAY PLAN PLAN 1.98 3.65 3.20 2.02 3.80 3.30 2.06 3.95 3.40

30.89 31.62 32.35

LOCAL 793/KA VANDERZWAAG 2017-20 pg. 22

Skilled labourers, formsetters and concrete finisher (on curb gutter, sidewalk, culverts and concrete paving), manhole, valve chamber catch basin constructor.

WAGES VAC BENEFIT PENSION TOTAL

June 1, 2017 June 1, 2018 June 1, 2019

22.59 23.04 23.50

PAY PLAN PLAN 2.03 2.07 2.12

3.65 3.80 3.95

3.20 3.30 3.40

Signal man, powderman helper, driller helper and truck driver.

June 1, 2017 June 1, 2018 June 1, 2019

Unskilled labourers.

June 1, 2017 June 1, 2018 June 1, 2019

WAGES VAC BENEFIT PENSION

20.16 20.56 20.97

WAGES

17.88 18.24 18.60

PAY PLAN PLAN 1.87 3.65 3.20 1.85 3.80 3.30 1.89 3.95 3.40

VAC BENEFIT PENSION PAY PLAN PLAN 1.61 3.65 3.20 1.64 3.80 3.30 1.67 3.95 3.40

31.48 32.22 32.97

TOTAL

28.82 29.51 30.21

TOTAL

26.34 26.98 27.63