AGREEMENT

between

Shopmen's Local Union No 834

·. ofthe

International Association of Bridge, Structural Ornamental and Reinforcing Iron Workers

. (Affiliated with.A.F.L.- C.L.O.)

AND

The Architectural Metal Association

Toronto Ontario

Effective Date March 1, 2014

INDEX

SECTION ·PAGE

Parties to Agreement, Effective Date, Purpose of Agreement Preamble

1 Recognition and Coverage 1 2 Intemational Not a Party to Agreement 2 3 Union Recognition 3 4 Union Membership 4 5 Check-Off of Union Dues

Initiation and/or Reinstatement Fees 5, 6 6 Management Prerogative - Shop Rules 7 7 Hours ofWork 8, 9 8 Overtime 10 9 Holidays - Holiday Pay 11, 12 10 Classifications - Work Assignments

Rates of Pay 13, 14, 15, 16 n Pay Day - Piece Work Prohibited 17 12 Reporting Pay 18 13 Vacations 19, 20, 21 14 Welfare Benefits 22,23,24,25 14A Pension Trust Fund 26 14B Canadian National Shopmen Pension Fund 27, 28, 29, 30 15 Apprentices 31 16 Seniority 32,33,34,35 17 Leaves of Absence 36 18 Grievance·Procedure 37, 38 19 Arbitrati_on 39,40 20 Strikes and Lockouts 41 21 Plant Visitation 42 22 Bulletin Boards 43 23 Safety and Health 44,45 24 Saving Clause 46 25 Interim Amendment 47 26 Duration and Termination 48

Agreement

This Agreement ,executed and effective as of the 1st day of March 2014, by and between

ARCIDTECTURAL.11:ET AL ASSOCIATION,

For and on behalf of its member signatory hereto,jointly and severally, hereinafter individually

referred to as the "Company'' and "SHOP11EN' S LOCAL UNION NO~ g34u of the

INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND

REINFORCING IRON WORKERS,(affiliated with the AFL-CIO), hereinafter referred to as the

"UNION''.

PURPOSEOFAGREE:MENT

WHEREAS, this agreement is entered into by collective bargaining to prevent strikes and

lockouts and to facilitate the peaceful adjustment of grievances and disputes between the

Company and its employee's, to prevent waste, unnecessary and voidable delays and expense,

and for the further purpose of at all times securing_ for the Company sufficient skilled workmen

and, insofar as possible, provide for Labour's continuous employment, such employment to be in

accordance with the conditions and wages hereinafter set forth, also that stable conditions may

prevail in the metal fabricating industry cost may be as low as possible,

consistent with fair wages and conditions, and for the further purpose of establishing the

necessary with procedme by which these objectives may be accomplished.

RECOGNITION AND COVERAGE

Section 1. (A) This agreement shall be applicable to all employees employed by

the Company at its shop, or shops, in the M'1!llcipality of Metropolitan Toronto and the City of

Oshawa, Onta,rio, including those engaged in production and/or normal maintenance work and to

work done by such employees, save and except foremen, persons above the rank of foremeD.i

office or clerical staff, draftsmen, watchmen, ·guards, persons engaged in major extensions or

major remodeling of the Company's premises, and persons engaged in field erection work; it

being understood, however, employees covered by this agreement may be assigned temporarily

on field fabrication, installation or erection·work which comes within the jurisdiction of an

"Outside Local Union" of the International Association of Bridge, Structural, Ornamental and

Reinforcing Iron Workers, provided the Company has obtained from the Business Agent or

Secretary of such "Outside Local Union" permission to assign employees temporarily to such

work, and in ~ch event the provisions of this agreement shall apply to such employees while

assigned to such work in addition to any other condition which may be agreed upon between the

Company and the Business Agent or Secretary of such "Outside Local Union".

(B) The Company .recognizes the Union as the exclusive bargaining agent for all of its

Employees, as defined in Subsection (A) above, for the purpose of collective bargaining with

respect to rates of pay, wages, hours of employment and other conditions of employment covered

by this agreement or amendments thereto.

(C) The Union shall not have more than one representative from any given shop on

the Bargaining Committee.

6'1((7

0 1/ 2._/,

{; .)✓; q .; 1i ( {{/

INTERNATIONAL NOT AP ARTY TO ,AGREEMENT

Section 2. The International Association of Bridge, Structural, Ornamental and

Reinforcing Iron Workers, the parent body of the Union (hereinafter referred to as the

"International"), is not a party to this agreement and assumes no responsibility or liability under

this agreement and simi]arly shall have no right or redress thereunder against the company for

the breach thereof_

-2-

UNION RECOGNITION

Section 3. The company recognizes the Union as the exclusive representative and

agent of all the Company's employees (save and except those employees specifically excluded in

Section 1 hereof) for the purpose of collective bargaining with respect to rates of pay, wages,

hours of employment and other conditions of employment.

-3-

UNION MEMBERSHIP

Section 4 (A) Each of the Company's emplore_es to whom t?is agreement is

applicable, as defined in Section 1 hereof, shall, as a condition of employment, be or become a

member of the Union not later than the ninetieth (90~ day following the beginning of his

employment, whichever is the later,. and shall, for the duration of this agreement, remain .a

member of the Union in good standing in accordance with its Constitution and By-laws.

(B) Except as provided for in Subsection (A) above, none but employees who are

members of the Union in good standing shall do work covered by this agreement, and when

notified in writing by the Union that an employee has not acquired membership· in the Union

within the ·period of time stated in Subsection (A) above, or that an employee has not maintaiJ?.ed

his membe~hip in the Union in good standing, the Company shall discharge such employee

unless or until he complies with the provisions set forth in Subsection (A) above. The Company

shall notify the Chief Shop Steward of the name and address of each new employee on the date

such employee or hired or rehired. .

(C) Any employee of Company represented by Outside Local Union No. 721 of the ·

International, while in the employ of the ·company, may be temporarily assigned to work in the

Company's shop provided such temporary assignment does not displace an employee to whom

this agreement is applicable.

(D) Except as permitted by the provisions of this agreemen~ or unless specifically

authorized by the Company, it is agreement there shall be no solicitation of membership,

collection of Union dues or meeting of the Union on the premises of the company.

-4-

CHECK-OFF OF UNION DUES-INITIATION AND/OR REINSTATEMENT

Section 5 (A) It shall be mandatory tp.at each employ9e of the Company who is a

member of the Union, sign and deliver to the Company an authorization directing the Company

to withhold from such employee's· earnings Union dues, as herema:fter provided for in this

· Section. Upon receipt thereof, the Company shall deduct from such employee's earnings, on the .

first pay day in each month, the amount owed to the Union by such employee for Union dues;

should any such employee have no earnings due him or her on the first pay day in any month or

should such employee's earnings be·less than the amount such employee owes the Union for

dues, then, in that event, the_deduetion shall be made from the employee's earnings on the next ·

succeeding pay day on which his orher earnings are sufficient to cover the amount of.dues owed

to the. Union by such employee. Before the end of each month, the Company shall mail to the

Financial -Secretary of the Union a cheque made payable to the Union for the amount of dues the

Company has withheld during_ such month, which shall be accompanied by a list, in duplicate, .

containing the names of the employees and the amount deducted'from such employee's earnings.

Upon receipt of such cheque and list, said Financial Secretary of the Union shall sign one (1)

copy of such list, acknowledging receipts thereof, and promptly return such signed list to the

Company.

-5-

Section 5(continued)

(B) As of the effective date of this agreement ,the Union dues are$ 42.00 per month. Such dues shall not be changed except in accordance with the applicable provision of the International Constitution and/or BY-LAWS of the Union and, in such event, the Financial Secretary of the Union shall notify the Company, in writing, and the amount of the monthly dues as so changed -shall thereafter be deducted by the Company from each Employee's earnings.

(C) It shall be mandatory that applicants for membership in the Union as provides for in Section 4 of this agreement , sign and deliver to the Company an authorization directing the Company to withhold from such employee's earning the amount specified therein for payment of Initiation and/or Reinstatement fees. Such amount specified in such authorization shall be withheld from the earnings of such employee in accordance with the provisions of such authorization and shall be transmitted to the. Financial Secretary of the Union in the same manner as prescribed in Subsection (A) above with respect to Union dues which are withheld by the Company~ and when the full amount of such fee has been withheld from such employee's earnings and transmitted to the Union, such authorization shall be null and void and shall thereafter have no further force or effect.

(D)It is expressly UJ;1derstood and agreed that, upon receipt of proper proof, the Union will refund to the Company , to the Employee involved, any Union dues, Initiation and /or Reinstatement Fees erroneously withheld from an employee's earnings by the Company and paid ~~~~ . .

-6-

MANAGEMENT PREROGATIVES - SHOP RULES

Section6 (A) The management of the Company's plant and the direction of its

working forc;;es, including the right to establish new jobs, abolish or change existing jobs,

inQrease or decrease the.number of jobs, change materials, processes, products, equipment and

operations shall be vested exclusively in the Company. SubJe.ct to the provisions of this

agreement, the Company shall have the right to schedule and assign work to be performed and

the right to hire or re-hire employees, promote, recall employees who are laid off, demote,

suspend, discipline or discharge for proper cause, transfer or lay off employees because of lack

of work or other legitimate reasons, it being understood, however, the Company shall not

discipline or discharge an employee except for proper cause, or otherwise improperly

qiscriminate against an employee.

(B) The Company shall have the right to establish, maintain and enforce reasonable

rules and regulations to assure orderly plant operations, it being understood and agreed that such

rules and regulations shall not be inconsistent or in conflict with the provisions of this agreement.

The Company shall maintain ori. its bulletin boards and furnish the Union. with a written or

printed copy of all such rules and regulations and all changes therein. Changes in existing rules

and regulations, as well as new rules and regulations promulgated by the Company, shall not

become effective until five (5) regular work day~ after copies thereof have been furnished to the

Union and posted on the Company's bulletin boards.

-7-

HOURS OF WORK

Section 7 (A) When only one shift is employed, a regular work day shall consist

of eight (8) consecutive hours, exclusive of the lunch period, with pay for eight (8) hours,

between 8:00 a.m. and 4:30 p .m., and a regular work week shall consist of forty (40) hours.

(B) When two shifts are employed, a regular work day for the first shift shall consist

of eight (8) consecutive hours, exclusive of the lunch period, with pay for eight (8) hours,

between 8:00 a.m. and 4:30 p .m., and a regular work week for the first shift shall consist of forty

( 40) hours; a regular work day for the second shift shall consist of eight (8) consecutive hours,_

exclusive of the lunch p eriod, with pay for eight (8) hours, and the regular work week for the

second shift shall consist of forty ( 40) hours.

(C) Should the Company deem it necessary, during the life ofthis agreement, to

operate its plant on a three shi~ b?.sis; the Company and the Union shall jointly agree on the

hours or work and the conditions of employment for such additional shift before work is begun

on such shift.

(D) The second and third shift, respectively, (if any) shall immediately follow the

preceding shift.

(E) Monday through Friday shall constitute the regular work days, and the regular

work week.

(F) The starting time and quitting time of the various shifts, as herein provided for,

may be changed from time to time by mutual agreement between the Company and the Union.

-8-

Section 7 ( continued)

(G) The foregoing provisions of this _Sectio~ describe the regplar work day and

re~lar work week and are not intended to be construed as a guarantee of hours of work per day

or per week, or days ofwork per week. The reguiar scheduled work week for each employee

shall begin with starting of his or her regularly scheduled shift on Monday of each as

hereinabove set forth.

(H) The foregoing provisions of.this Section are not intended. and shall not be

construed as preventing overtime work, provided, however, there shall be no discriminations in

the assignment of overtime wor~ and overtime shall, insofar as practical, be allocated equitably

among·the employees qualified to perform the work operation in question, it being understood,

however, on work operations where the distributions of overtiri:le, as hereinabove provided,

would not be practicable, the employees who regularly perform such work operations during the

regular work hours shall be given preference when overtime work is required on such work

operations. Employees shall be expected to -..york a reasonable amount of overtime, except where

employees have just cause not t9 work, to meet scheduled deliveries, when such deliveries

cannot be achieved during normal working hours.

(I) For the duration of the agreement, there shall be two (2) rest periods of ten (10)

minutes duration, one of wruch shall be during the first four ( 4) hours of each shift and the other

during the second four ( 4) hours of each shift. T~ere shall also be a ten (10) minute rest period

immediately prior to overtime which follows an eight (8) hour shift when at least three (3) hours

overtime is to be worked following such rest period. During such rest periods each employee

shall be paid the applicable hourly rate and no work shall be performed during such periods and

the employees may, if they desire to do so, obtain and consume refreshments or food.

-9-

OVERTIME

Section 8 (A) All work done by an employee in any pay period will be paid at the

regular time rate unless the employee has wor~ed forty ( 40) hours in the current weekly pay

period, then he will be paid one and one-half (1-1/2) times his hourly rate of pay or work

performed outside regular hours will be paid for at one and one half (l- l/2) his hourly rate for

the following reasons:

1) A statutory holiday

2) Sickness or accident of an employee verified by a doctor or W:C. ·Report

3) When. an employee qualifies for bereavement pay

4) When an employee qualifies for vacation (vacation requires management

approval. at least one week in advance)

5) When an employee has been recalled after his regular work week has .

commenced.

Simdays will be paid at double time.

(B) All work done by any employee on a_ny recognized ho1iday'specified as the

succeeding Section, or day observed as such, shall be paid for at double such employee's current

regular straight time hourly rate.

-10-

HOLIDAYS·-HOLIDAY PAY

·Section 9 (A) For the purpose of.the agreement, the following shall be

recognized as.holidays: New Year's Day, Family Day, Good Friday; Victoria Day, Canada Day;

Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day, or days

observed as such, also the last four ( 4) regular work hours of each shift ·on the last regular work

day prior to Christmas Day and_New Year's Day. Should any of the fQregoing holidays. occur on

Saturday or' Sunday, the following Monday shall be recognized and observed as the holiday in

question provided, however, that when Christmas Day occurs on Saturday· or Sunday, Boxing

Day.shall be observed on the Tuesday immediately following such holiday. All wqrk done by an

employee on any of the foregoing holidays, or days observed as such, including-the Iastfour (4)

regular work hours of each shift on the last regular work day prior to Christmas Day and New

Year's Day shall, in accordance with the provisions of the preceding Section, be paid for at

double·the.employee's current regular straight time hourly rate. No work shall be done on

Labour Day except where absolutely necessary to avoid hazard to life or property.

(B) Each employee shall be paid for eight (8) hours "Holiday Pay" at his regular

hourly rate for each of the following holidays: New Year's Day, Family Day, Good Friday,

Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day,. Christmas Day and

Boxing Day, or days observed as such, and shalI be paid for four ( 4) hours "Holiday Pay" at such

employee's regular straight time hourly rate for the last four (4) regular work'hours on e_ach shift

on the last regular work day prior to Christmas Day and New Year~s Day.

-11-

. Section 9 (continuecl)

All work done on eac_h of the holidays bereinabove mentioned_in.Subsection (B) or days

observed as such, including the last four ( 4) regular work bours of each ~hift on the last regular

work day prior to Christmas Day and New Year's Day, shall ·be paid for at the rate of double

time; and in addition to double time pay for work performed, each employee shall be paid either

eight (8) or four ( 4) hours "Holiday Pay' whichever is applicable as· herein.provided for. Should

any of the foregoing holidays occur or be observed during the vacation period of any employee,

such employee shall be granted one (1) or one-half(½) additional consecutive day of vacation,

whichever-applicable, for each such holiday.

(C) In order to b_e eligible to receive pay for any of the above mentioned holidays, or

days observed as such, .not worked, as provided for in Subsection (B) above, an emplc;>yee must

work the full normal work day for the Company on the last regular work day immediately

preceding and on the first regular work day immediately following the holiday in question,

unless his or her failure to work for the Company on such day, or days, was due to absence

because of being on paid vacation, as hereinafter provided for in this agreement, or because of

confirmed illness or injury that occurred or commenced on the holiday, the day immed.iat~ly

following the holiday, or during the fifteen (15) days immediately preceding the holiday in

question, or because o"r a layoff by the Company that commenced not more than ten (10) days·

next preceding the holiday in question, or because of death in the immediate family (mother,

father, spouse, child, brother, sister, grandparent, mother-in-law or father-in-law) or for similar

good cause authorized, directed or approved by the Company.

(D) The holiday pay does not apply to an employee who is receiving sick pay at the

time of the holiday.

-12-

Classifications-Work Assignments-Rates of Pay

Section 10 (A) Each employee shall be classified .in the hereinafter mentioned Classification which.covers the work operation he performs for the Company.

Effective March 1, 2014 and continuing until midnight February 29 2015 each employee ·shall be paid not less than the minimum hourly rate of the rate range hereinafter set forth in Column "A" for the classification in which such ·employee is included or classified.

Effective as of March 1, 2015 and continuing until midnight February 28 2016 each employee shall be paid not less than the minimum hourly rate ofthe rate range hereinafter set ·• forth in Column '"B" for classification in which such employee is included or classified.

Effective March i, 2016 and continuing for the remaining term of this Agreem:ent each employee shall be paid not less than the minimn hourly rate of the .rate range hereinafter set forth in Column "C" for the classification in which such employee is included or classified.

For Employees Hired Before October 31, 1984

Column "A" Column "B" Column "C" March 1, 2014 March 1, 2015 March 1, 2016

Layerout 29.02 29.62 30.22 Fitter 28.69 29.29 29.89 Powerbrake Op 28.69 29.29 29.89 Machinist 28.69 29.29 29.89 Shearmen 28.69 29.29 29.89 Welder 28.12 28.72 29.32 Polisher 27.37 27.97 28.57 Shipper/Receivers 26.52 27.12 27.72 Helper 26.20 26.80 27.40 Truck Driver 26.20 26.80 27.40 Spray Painter 25.55 26.15 26.75 Labourer 21.72 22.32 22.92

-13-

Classifications ( continued)

For Employees hired after October 31, 1984 and before Jone 12 2008

Column "A" Column "B" Column "C" March 12014 March 1, 2015 March 1, 2016

Layerout 26.96 27.56 28.16 Fi~er 25.47 26.07 26.67 Powerbrake Op. 25.47 26.07 26.67 Machinist 25.47 26.07 26.67 Shearmen 25.47 26.07 26.67 Welder 23.54 24.14 24.74 Polisher 22.05 22.65 23.25 Shipper/Receivers 21.67 22.27 22.87 Helper 20.92 21.52 22.12 Truck Driver 20.92 21.52 22.12 Spray Painter 20.92 21.52 22.12 Labourer 19.43 20.03 20.63

For Employees hired June 12, 2008 and After

Column "A" Column "B" Column "C" March 1, 2014 March 1, 2015 March 1, 2016

Layerout 23.46 24.06 24.66 Fitter 21.97 22.57 23.17 Po.werbrake Op. 21.97 22.57 23.17 Machinist 21.97 22.57 22.17 Sheannen 21.97 22.57 22J7 Welder 20.04 20.64 2 1.24 Polisher 18.55 19.15 19.75 Shipper/Receivers 18.17 18.77 19.37 Helper 17.42 18.02 18.62 Truck Driver 17.42 18.02 18.62 Spray Painter 17.42 18.02 18.62 Labourer 15.93 16.53 17.13

-14-

liVll'KU V .hK

The company may select employees to be trained to perform the work.operations of any

classifications above polisher. When selected, such employees shall be classified as

"Im.provers".

If, during the first twenty-six (26) weeks of training it is determined the employee does

not possess the required qualifications to be trained for the job in question, he may at the

discretion of the Company, be returned to his former classification at the·prevailing rate for sueb

classifications, without loss of seniority.

Subject to continued satisfactory work at the end of each twenty-six (26) week period and

continuing until the employee reaches the minimum hourly wage rate hereinafter specified for

the classification the employee is being trained for, such employee's hourly wage rate shall be

further increased by amounts equal to twenty percent (2.0%) of the difference between his

previous hourly wage rate as hereinafter specified for the classification the employee is being

trained for.

-15-

Section 10 ( continued)

No employee's hourly wage rate will be reduced as .a result of his being reclassified as an

"Improver''.

(B) Each employee's. regularstraight time hourly rate shall be increased the sum of

seventeen cents (.17) per hour during the period such employee is assigned to the second shift.

Each employee's regularstraight time hourly rate shall be increased the sum oftwenty-:five cents

(.25) per hour during the period such employee is assigned to the third shift.

(C) Any employee temporarily assigned for a period not exceedi;ng thirty (30) days to

a class of work for which the minimum wage rate herein specified is lower than his regular wage

rate shall, while engaged in such.work, be·paid his regular wage rate ..

(D) In the event a ·newwork operation is undertaken and if the classifications

hereinabove set forth in this Section do not cover such work operation, the Company and Union.

shall, through prompt negotiations, establish proper classifications and minimum rates for the

work in question which shall become effective as of the time such work operations commence or

retroactive thereto. In the event it is necessary to start such work operations before aJ1

understanding has been reached with respect to classifications and minimum rates therefor, the

Company may establish temporary rates of pay for such new work operations: it being

understood, however, the minimum rate that is agreed upon shall be the controlling rate.

-16-

PAY DAYS - PIECE WORK PROlllBITED

Section 11 (A) Employees shall be paid on a regular designated pay day once each

week in cash or by cheque.

When an employee is laid off or discharged, he shall be paid off withm forty.aeight ( 48) hours.

(B) There shall be no piece or contract work by the employees, and all work

performed shall be paid for on ~ hourly basis.

-17-

REPORTING PAY

Section 12 (A) Any employee who is scheduled or required to and does report for

work on any day and is not p:ut to work for at least four ( 4) hours, shall be paid at the applicable

rate for four ( 4) hours actual work on that day, except where failure to so put such employee to

work is occasioned by non-operation of the plant, or a substantial part thereof, as a resuit of fire,

Act of God, failure of power or major breakdown of equipment.

(B) Any employee who is recalled back to work ·after leaving the boundary of the

shop in which he is working, and bad performed eight (8) hours work that day, if requested to

return to work, shall be guaranteed four (4) hours pay at his applicable rate.

(C) Any employee injured at the Company's plant, who is sent to a doctor and returns

to work during his or her regular working hours the same day, shall be paid by the Company the

applicable wage rate for such time thereby lost on such day by such employee; and if be or she

sha11, on any subsequent day on which he or she performs work for the Company, go to the

doctor for treatment or such injury during his or her regular working hours, he or she shall be

paid by the Company the applicable wage rate for such time thereby lost on such day by such

employee. Should an injured employee be admitted to a hospital or be instructed by the

Company or the doctor to refrain from performing further work on the day such employee is

injured, such employee shall receive the applicable hourly rate for the entire work day.

-18-

VACATIONS

Section 13 (A) Each of the Company's employees to whom this agreement is

applicable shall, in each year this agreement remains in effect, be granted a vacation with pay in

accordance with the following provisions.

(B) Employees with less than one ( 1) year of continuous service:

Employees with less than one (1) year of continuous service with the Company as of June 30th in

;my year, shall receive one (1) week of vacation and vacation pay equal to four percent ( 4%) of

their total earnings for the twelve (12) month period immediately prec·eding July 1st of the year~

then current.

Employees with one (1) year but less than five (5) years of continuous service:

Employees with on·e (1) year but less than five (5) years of continuous service with the Company

as of June 30th in any year, shall receive two (2) consecutive weeks of vacation and vacation pay

equal to four percent ( 4%) of their total eammgs for the twelve (12) month period immediately .

preceding July 1st of the year then current.

Employees with five (5) vears but less than eight (8) years of continuous service:

Employees w ith five (5) years but less than eight (8) years of continuous service with the

Company as of June 30th in any year, shall receive two (2) consecutive weeks of vacation and

vacation pay equal to five percent (5%) of their total earnings for the twelve (12) month p eriod

immediately preceding July 1st of the year then current.

-19-

Section 13 (Continued)

Employees with eightyea:rs. but Jess than (12) years- of continuous service;

Employees with eight(~) year~ but less than twelve(l2) years of continuous service with 1he Company as of June 3 Oth. fu any year, shall receive tbree(3) consecutive weeks of vacation plus one (1) week to be taken after Labour Day and vacation pay equai-to six percent(6%) of their total earning for the twelve(12) month_period immediately preced~g July 1st of the year then current.

Employees with twelve(12) years but less than ei2hteen (18) years of continuous service

Employees with twelve(l2) years but less than eigh.teen(l 8) years of cont:muous semce with the Company as of June 30th in any year, shall receive four(4) consecutive we.e.ks of vacation plus one(l) week to be taken after Labour Day and vacation pay equal to seve:Q percent(7%)oftheir ~ total earning!! for the twelve (12) J,I1onth period immediately preceding July 1st of the then current.

Employees with ei~hteen years (18}to twenty five(25) of service

Employees with eighteen (18) years but less than twenty-five(25) years of continuous service with the Company as of June 30th in any year, shall receive five (5) consecutive weeks of vacation. plus one (1) week to be taken after Labour Day and vacation pay equal to seven percent(7%) of there total earnings for the twelve(l2) month period immediately preceding July l st of the year then current. ·

Employees with twenty•five(25) years or more service

Employees with twenty-five(25) years or more continuous service with the Company as of June 30th.in any year, shall receive five(5)weeks of vacation and have the option of canyi.ng over one(l) week to the next vacation year and vacation pay equal to eight percent (8%) of there total earnings for the twelve(l2) month period immediately preceding July 1st of the year then current: Employees in this category shall receive tbree(3) consecutive weeks vacation during the regular _ vacation period and two (2) weeks shall be taken after Labour Day.

-20-

Section 13 ( continued)

(C) When computjng an employee.'s vacation pay "total earnings" shall include all

monies from the Workmen's Compensation Board for injuries received by the employee while in

the employ of the Company during the twelve (12) months immediately preceding July l st of the

calendar year then current, it being agreed, however; that employees shall receive vacation pay

under the provisions of this Subsection for any period up to a .maximum of two (2) months for

any one injury.

(D) Employees shall 'be paid their vacation pay at least three (3) regular work days

prior to the beginning of their vacation period, however, in the event.an employee's-employment

with the Company should be terminated for any reason prior to the beginning of their vacation

period, the said employee, or employees, shall be paid their accrued vacation pay computed in

accordance with their length of service, as hereinabove provided; to the date of termination.

(E) Vacations shall not be cumulative but ml.1$t be granted and taken in the calendar

year in which they are due. Each employee shall advise the Company during the month of

March each year of the vacation period or periods he desires. Not later than April 15th of each

year-the Company shall advise each employee of his vacation period which shall be granted with

due respect for his seniority.

-21-

(~) :.:ThfWe.lfate'l"l.:µsfFund_-siiali lie laio1;vn.~s Shopmen'~ L00a1UnionN1::>:C:·&J4

W~Jf.~~.·T.ni$tJt4n:& ?iid'snall he'.,adnilnistere~:py-:one {l'} '{£µ~tee.. app9intedl;y the' 1Jn1◊1;1::1m:d-,rwo·

:_€~).-i\: .. M£. members:,

;~/ Ib:$.uflcletstood and *ee_d th'atptirsuantto the Agtee:m.-en,t·?t:id P.~:gl~atjJ:>µ,9~.

Tn.fs~t estciBll'ditr:qg the ·Sliopmen~s-,Lq~J!l lJnioti;Nq .. &3.-4 W~U'are•TDI~f '.Fund,:tlie .. Cot.np:~1;r,y:a"g:re·~s, .to-:rrihl(eJcolitnhtitfon$,to t'g~ '.$:h.QJ?w.en!s LqcaI Union.No,_ '&3·fW glfare Trust Fund iilacc·ordanc:e. Y:1,ifl;i~.ani.fAo. pjgeJ?ri.se obs,~zye. an:cfbe t,·:oun&~,y the;'{5rovfafons of.$e.Agreenieiit an&Uec1aration.

·of-1.m.st,~;st~b:1.i~~g;t&:e:shqp.m:erls LocaiB:nionN:o, 834 'W.eI:fait Tru?t Fµn§.':.as, t1;1~ 1,;:pne ~~

~qp;i .tirfie·:to;tim~ ~.i:.i:ierideil~ supplemented orm~pla9ed, and tq-.si~-a ·f~r:t}fipatj91,'l A~~e.m.e~bq·. tliat'.effect.

(C) 1Jie-B9P.JJlB,IiY.-'~$I~~s to·~paTilie fultcosn>'(ilie'Vlelfar.e Trust Fund .for the

ciwati'.~A oJ't:W:s ~gJ;:eem~nt,

Q)). ·Tue .Cbmpariy :~g:r~e.s lo· remjt cqntnputtons for the Shopi;nep ·~ Lo.cat Union No·.

-l3J~ Welfare .Trust Fund'by t:tJ:e 151\µ,ay,offue mortth .foHo.wing tp.e month m which tne

,c0:ritp.7?U,:tf0ns-wen~. earned t~ ·fue /4:.dmirustr'1.t6r designated by· the Trustees·. Arno .time vlilLany

contpbufj_ons-an.d_a~,c;lttctio_ns be,paid djrectly to the employee:

-22-

t,E): ltil1i:~e-eU.iiiat.,s:n:bJe~:.to·.~<2m-Pliap,f~wifu,Ji1J¢.'h Afu~J:~~~IP~rit.r®-'th:&

·1~stees:.1iia1,•Ji;omtune,f9·fi+n~.c~_~tjbli$rt~=tti~ t'ru._sfo~j:\1ar~¢.:~pI b'!:5.iLf/iJutionsto·th~ -&~f?f1.I1xlfi~:iq~~rp,~Q~NoJ'.Rltw~1rar_e<ftlist.tuncLfrom~a{.Compirlii·~ 1-i~~P-~P."~·qf.ewp,~~~ ,e~p~J~ifb.y:sudh C~mpan.}t'wh0,are.,notemp.leye&urrde1dhe1)ro:v'fiions.u~t:he,agreemenhand.

such employees shall be considered as employees for the pµtpose of the Article.

(F) The benefits received by employees from the.Shopmen's Local Union No. 834

·welfare Trust Fund shall.be those benefits which are negotiated by the A.M.A. and the Union.

(G) The AccoUiltant or Plan Administrator of the Shopmen's Local Union No. 834

Welfare Trust Fund or their authorized representatives shall have the right at an times during

business hours and after notice to the Company, to examine and copy payroll and ·~mployment

records of the Company to determine whether the Company fs making full payment of

contn'butions as required by this agreemenL

(H) Benefit Premiums to be carried by the Company for a period of one year for any.

employee out of work due to a confirmed illness.

(I) Any additional benefits to be negotiated by the Union and the A.M.A.

-23-

Description Of Benefits

Employee Life In.surance.

All Eligible Employees Weekly Indemnity All Eligible Employees under age 70

Waiting Period

Bene.fit Period

Health Care Benefits

$15,000.00

66.67% of weekly earnings rounded to the Nearest $1.00 up to E.I. Max. Q days injury *3 ·days illness *1st day of hospitalization 26 weeks for any one period of disability

Covered Charges

All Eligible Employ.ees and their Dependents Hospital *Pelete Semi-Private coverage* Convalescent Hospital

Ambulance Subject to approval-Doctors note required for Brand name Drugs *Cap dispensing fee at $5.00*

Dental Care

Prescription Drugs

Out of HospiW Nursing Health Practitioners Foot Care Hearing Care Diagnostic Laboratory and X Ray Out of Province Durable Medical Equipment and Supplies Dental Care for Accidental Injury Vision Care- the Company will top up to a Maximum of $200.00 every two years for Employee and Spouse.

All Eligible Employees and their depend.ants Routine Care 100% Benefit Maximum Unlimited Routine Services: * oral exams, cleaning of teeth and bitewig x-rays, but not more than once per 9 months; *topical applications of sodium or stannous fluoride( where such application is necessary for the maintenance of sound dental health); *DenW x-rays, fillings(not gold), extractions, oral surgery, including excision of impacted wisdom teeth, antibiotic drug injections.

-24-

•

•

• •

•

•

DENT AL CARE ( continuec;l)

anaesthesia. and its administration; prefabricated full coverage restorations for primary teeth; pit and tis.sure sealants where necessary for the.maintenance of sound ·dental health;· repair, relining or rebasing of dentures, but not more than once every 6 months; repair, recementing of crowns, inlays, onlays, or bridges; periodontal scaling, root planmng or equilibration (lim.ite"d to 10 units per year for all procedures combined); occlusal equilibration (limited to 8 units per calendar year); periodontic treatment of disease of the bone and gu;ms of mouth, :including tissue grants and

. occlusal guards, but not athletic guards; and endodontic treatment, including root canal therapy .

LilvIITATIONS No amount will be paid for charges for: • dental care which is cosmetic; • white fillings on molars; • coD.S'11tations;

completion of claim fonns; broken appointments; dental care covered under a medical plan provided by an employer or government; services which, in the absence of insurance, there would be no charge; diagnosis or correction of temporomandibular joint dysfunction;

• oral hygiene instruction or-nutritional counselling; • stainless steel crowns on permanentteeth;

protective athletic appliances; a full-mount reconstruction or vertical dimension correction;

• deQtures, crowns or bridgework; or orthodontic treatment or correction of malocclusion.

Note: In the event of any discrepancy between the foregoing description of benefits, the program as outlined in the Group Benefit Plan booklet held by the Architecturai Metal Association Group No. 158089, dated July 1, 2005, will take precedence as to covered benefits.

- 25-

PENSION TRUST FUND-

Section 14A {A) Effective as of May l, 1979 a Pension Trust Fmid was established. The Pensio~ Trust Fund shall be--known as Shopmen's Local Union No __ 834 Pension Trust Fund and shall ·be administered by three. trustees appointed by the Union.

(B) It is understood and agreed that pursuant to the Agreement and Declaration of Trust establishing the Shopmen's Local Union No. 834 Pension Trust Fund the Company agrees to make contributions to the Shopmen's.Local Union No. 834 Pension Trust Fund in accordance with and to otherwise observe and be bound by the provisions of the Agreement and Declaration of Trust establishing the Shopmen'·s Local Union :No. 834.Pension Trust Fund as the same are from time to time amended, supplemented or replaced and to sign a Participation Agreement to that effect.

(C) Effective March 1, 2011 the Company shall contribute sixty-five cents (.65) per hout of time paid each employee covered by this agreement to the Shopmen's Local Union No. 834 :Pension Tnist Fund and e~cJ:i such employee shall contribute forty cents (.40) for each hour paid him by the Company to such Pension Trust Fund Holiday pay as provided for in Section 9 ofthis agreement shall be considered as time paid for and vacation pay as provided for in Section 13 of this agreement shall also be considered as time paid for calculated by dividing the total amount of each employee's vacation pay by his regular straight time hourly rate to determine the number of hours.

(D) The Company shall contnoute monthly to the Pension Trost Fund. The contnbution payable to the Administrator designated by the Trustees is due by the fifteenth of the month following the work-month completed. The payment will include the employee's contributions.

(E) The benefits received by the employees from the Shopmen's Local Union No. 834 Pension Trust Fund shall be those benefits which are determined from time to time by the Trustees.

(F) The Accountant or Plan Administrator of the Shopmen.'s Local Union No.· 834 Pension Trust Fund, or their authorized representatives, shall have the right at all times during business hours and after notice to the Company, to examine and copy payroll and employment records of the Company to determine whether the Company is making full payment of contributions as required by this agreement.

-26-

.SECTION 14 -· B

CANADIAN NATIONAL SHOPMEN PENSION FUND

.(A) Th~ "Company" and the "Union" signatory to this Collective Agreement individually and collectively agree that each will remain a contributing Employer and Participating-Labour Organization, referred to as the "CANADIAN NATIONAL SHOP11EN PENSION FUND" (hereinafter referred to as the ''Pension Fund") and each agrees to remain a contributing Employer and Participating Labour Organization in said "Pension Fund" for the duration of this Collective Agreement, including any renewals or extensions thereof. Said CANADIAN NATIONAL SHOPMEN PENSION FUND and the "Agreement and Declaration of Trust'' shall be considered as being a part of this collective Agreement as tb,ough set forth • herein at length.

(B) Said "Pension Fund" was established and exists for the pUipose of providing pension benefits for eligible employees of firms represented for the purpose of collective bargaining by Shopmen's Local Union of the Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers. Therefore, the "Company" and the "Union'~ sigp.atory to this Agreem.ent agree to remain participating entities in said "Pension Fund" for-the purpose of providing pension benefits for the "Company's" employees included in the bargaining unit descnbed and set forth elsewhere in this Agreement. By remaining a Contributing Employer in th·e "Pension Fund", the "Company" does not agree to be, and shall not be considered as, a fiduciary with respect to the "Pension Fund". The "Company'' shall have.no liability or obligation to the "Pension Fund" beyond its obligation to timely contribute, as set forth herein, and as may be set forth by Federal or Provincial Law. The "Company" and the "Union" further agree to cooperate in informing participating employees and beneficiaries in the "Pension Fund" as to the benefits they are entitled to. Therefore, booklets, literature or other pertinent information supplied by the "Pension Fund Administrator" shall be distributed by the "Company" at its place of business to its covered employees.

(C) Said "Pension Fund" shall, pursuant to and in accordance with the "Agreement and Declaration of Trust'', be administered by a Board of Trustees and said "Pension Fund" adopted by said Trustees shall at all times conform with the requirements of the Income Tax Act (Canada) so as to enable the "Company" at all times to treat payments made to said "Pension Fund" as a deduction for income tax purposes.

-27-

Section 14B - continued

(D) Commencing on the 1st day ofMar~h, 2011 and continuing for -the term of this Agreement, the 'fUnion" and the "Company' agree that for each h~ll! of pay paid to each employee to whom this Agreement is applicable, for any reason provided in this Collective Agree~ent it will pay to said CANADIAN NATIONAL SHOPMEN PENSION FUND the sum of $0.55 per hour.

(E) Payments by the "Company' to said "Pension Fund" as provided for in the preceding Subsection, shall be transmitted by the "Company" to the Trustees of said "Pension Fund" no later than-the 15th day ea~h month for the preceding month. Failure of the "Company'' to make such monthly payments by the above stated date shall constitute a breach of this Agreement and shall additionally obligate the "Company" to pay the fund interest at the rate of 12% per annum from the date contributions are due until the date paid plus liquidated damages as may be provided in any collection approve.d by the Pension Funds Trustees.

(F) The terms of this S-ection may not be modified or amended in any manner by any-other agreement. The "Company" and "Union" hereby certify that they have not entered into, and will not enter into, any other agreements that would purport to rp.odify any terms.of, or obligations imposed. upon, either of them by this, Section. ·

-28-

SLEVIN & HAR'!; P. C. Barry S. Slevin Thomas-J. Harl Fredrick M.]4at; Jeffrey S._E~ Marc H. Rilkind Sharon M. Goc-dman

.Attorney:i.at ~w 16~6 Maiisa.cbusetts Avenue, NV1, Suite ~50

Wiishlngton, DG 20036 2~/797-8700

FAX: i02~34-8231

"I

¼nn.A.Bowm Howard J;>. n• Patrlcla W. S. Dou Kathleen M. Dowd Alllion A. Madan SandraMazliah Felicia S. Pearilleq Elliot D. Raff RohinH. Villanuev. •Not admiltedm D.C

_Architectural Metal Association Attn: Don Mockford, Secretary 670 B+oom Street West Suite 200 Toronto, ONT_ CanadaM6Glt2

January 30, 1998 <> A

-Re: Can~dian National Shopmen Pension Fund

Standarg. Collective Agreement Language

<;,-;;« "~~"" (' 1l-v$ 1a......-·

Dear Mt. Mo~kford:

Paul Craig, President of the Architectural Metal Association, during the course of a recent telephone conversation asked me to send the Association this letter in response to questions that it apparently has regard.mg modificati~ns _to the Canadian National Shopmen Pension F1llld collective agreement provisions relating to pension contributions. I am pleased to do so.

When the International Association of Bridge, Structural and Ornamental Iron Workers and its Canadian Shopmen local Wlions first began negotiations with employers to.join the Canadian National"Shopmen Pension Fund, the collective agreement language used (and adopted) was virtually identical to agreements in effect for the United States based National Shopmen Pension Fund. As negotiations continued, however, it became clear that modi£cations to the collective agreement language were necessary to clarify the liability and obligations of Canadian employers. The pension provision was changed expressly to provide that signatory employers and uniori.s agree to remain Participating Employers and Participating Labor Organizations for the duration of the collective agreement, rather than to referring to them as signatory parties to the underlying Trust Agreement (as is the case in the United States agreements). The language was also modified to clarify that participating employers do not become fiduciaries of the Fund by signing the collective agreement and to clarify that employer liabilities are limited to the employer's obligations under the collective agreement. · While the-eollective agreement language had been interpreted thus by the Trustees, they nevertheless felt that it was appropriate to modify the standard language to provide assurance to Canadian employers.

Archjtectutal Metal Association . Atm:. Doi) MPCkf.w~. Secretary

January 30, 199.8 PageZ

The Trustees also added-a new sqbsection (E), tmder which a company's failure. to make monthly.payments by the due date constitutes a breach of the agreement which also obligates the comp:my to pay interest and liquidated damages. A similar requirement also applies to con1ribµting employers to the National Shopmen Pension 'Fund but arises because United States ~mployees also become signatories to the Fund's governing Trust agreement and by virtue of Federal law. Since Canadian emp~oyees are not becoming signatories to .the Canadian National Shopmen Pen~ion Fund · Trust, appropriat~ enforcement language is necessary. The CNSPF Trustees are committed to the proposition that delinquent employers ·should· be liable to the Fund for interest and liquidated damages. The Trustees' experience over the years·has clearly demonstrated that such-a provision is a highly effective deterrent to employers' attempts to turn the Fund into an involuntary lender and thereby impose sigmji.Gant additional expense to the Fund. Of course, when contributing employers make timely payment, the question of interest and liquidated damages is a moot issue.

Unifonnity of administration is important in keeping down adril:i:oistrative costs and assuring both fain:iess and equal treatment to all participating employers and employees throughout Canada Savings of administrative costs enables -the Fund to provide better benefits. Therefore, the Trustees require all participating employers to sign the standard form agreement and prohibit individual employers from modifying the basic language.

I hope this answers your questions with respect to this matter. If I can be of further assistance, please let me know.

TIB:PWSD:bls:151.1

cc: Dennis R. Toney, Chairman Michael Clarke, Co-Chairman Paul Craig, President John G. Sciandra 39 Chapel Woods West Williamsvile, NY 14221

Modem Railings and Metalcraft 4556 Steel Avenue East Markham, ONT L3R0L2

H:\USERS\PSD\l.S I\CRAIO.L!R

Very truly yours, ---z ,0 ~- ;)lJt--· -~ v Thomas J. Hart

.APPRENTICES

Section 15 The provisions of this agreement shall be applica,_ble to _apprentices if any

are employed by the Company; however, apprentices shall not be employed except in accordance

with "Standards• of Apprenticeship" approved by the Co~:rpan.y, the Union and, the International

.and must conform to the Apprenticeship Act of the Province of Ontario.

-31-

SENIORITY

Section 16 (A) During the first thirty.(30) days of his active employment, a new

employee, including .one rehired after a break in his employment relations with the Company

who is, or was previously, a member of any Shopmen's Local Union of the International

Association of Bridge, Structural, Ornamental and Reinforcing Iron·Workers shall be regarded as

a probationary employee; a new employee, including one rehired after a break in his employment

r_elations with the Company who does not meet the aforementi_oned Union membership

requirements shall be regarded as a probationary employee for the first ninety (90) days of his

employment. Dll!ing his probationary period; an employee may be laid off or discharged aS­

ex91usively detennined by the Company and, in such event there shall not be any grievance

processed with regard to such lay-off discharge. Upon completion of such probationary period,

the seniority status of such employee shall start from the date be was originally employed,.

provided the probationary period-is completed within four (4)-months from the date of original

~mployment o.r re-eniployment, .as the case may be. In the event an employee completes the

aforementioned probationary-period after four ( 4) months from the date of original employment

or reemployment, but not more than twelve (12) months therefrom, such employee shall be given

credit for the number of work days he was employed prior to being laid off, and when his

probationary period-is completed, his seniority shall start from the d?te thirty (30) working days

immediately prior thereto.

-32-

Section 16 ( continued)

(B) In cases ofpromotion_s, demotions, upgrading, filling newly ~eated jobs, transfer

of employees, or when an increase or decrease of the working force-is involve.d, the following

qualifications shall be ·considere4:

(a) Skill and ability to efficiently perform the work in question in accordance with recognized shop standards required for such work.

(b) Past performance~ physical fitness, and knowledge to perform the work in question.

( c) Length of continuous service.

When qualifications {a) and (b) are relatively equal, length of continuous service shall be the

controlling qualification. In the event it becomes necessary to reduce the working force; all

"probationary employees" (if any .are employed at that time) shall be laid off.

Employees hired after.June 12, 2008 can not displace those employees hired before June 12, _

2008 within the same classification.

(C) Promotions to supervisory positions shall not be subject to the provisions of this

agreement. Each of the Company's supervisors as of the date of this agreement, who were

promoted to such position from the bargainii;ig unit, shall retain as seniority his length of

continuous service with the Company accumulated to bis credit as of the date of this agreement,

but shall not acquire seniority within the bargaining unit during the term of this agreement unless

such employee is reassigned within the bargaining unit and, in such event, the seniority which he . .

had accumulated as of this agreement shall become operative and he shall continue to acquire

seniority while in the bargaining unit. If, during the term of this agreement, an employee who

has acquired one or more years of service in the bargaining unit, is promoted to the position of

Supervisor, such employee shall retain the seniority acquired by him prior to such promotion, he

shall not acquire seniority within the bargaining unit thereafter during the term of this agreement ·

unless such employee is reassigned within the bargaining unit and, in such event, the seniority

which he bad accumulated as of the date of this agreement shall become operative and he shall

continue to acquire seniority while in the bargaining unit.

-33-

Section 16 ( continued)

. (D) Time not worked ~y an.employee because of personal injury which occu....-red in

the course of his employment with the .Company or because of illness> for a period not exceeding

twelve (12) nionths, shall not constitute an interruption of s_uch employee's continuous service

and/or his.seniority status: provided, however, an employee's continuous service and his

seniority status based ·thereon shall be terminated for the following reasons unless the Company

and the Union, by mutual agreement in writing, agree otherwise, or the seniority status of an

employee is restored pursuant to the grievance and arbitration provisions of this agreement:

(a) If be resigns or quits.

(b) Is dischargecl

( c) Absence from work without leave, as hereinafter provided for in this agreement,

for three (3) .consecutive work days without notifying the Company of the reason

for such absence, unless the employee can furnish good and sufficient reasons to

sustain his failure to give such notice.

(d) Following a lay-off,.fails to advise the Company within three (3) days of receipt

of notice of bis intention to return to work at the time specified in such notice, ·or

fails to return to work on the date specified in the notice, which shall not be less

than five (5) or more than seven (7) work days after the mailing or sending of

such notice. (It shall be the duty of all employees to notify the Company, in

writing, of any ch;µige in.address.)

-34-

Section 16 ( continued)

(e) When.an employee-with less than one year's service with the Company has

perf onned: no work for a period equal to his length of continuous service with the.

Company, and when an employ~e with one or more years continuous service with

the Company has performed no work for the Company for a period of twelve (12)

consecutive months.

(E) Apprentices shall not acquire seniority under the provisions of this Section 16,

except with respect to other apprentices employed.by the Company; however, apprentices shall

be given preference in accordance with their respective length of continuo-qs service with the

Company should it become necessary to lay off an apprentice to maintain the-proper ratio of

apprentices as provided for in Standards of Apprenticeship referred to in Section 15 hereof.

Upon successful completion of his apprenticeship, an apprentice shall acquire -seniority status in

accordance with bis length of continuous service with the Company from the qate of hir.ng.

(F) The Company agrees to post on its bulletin board lists showing the current

~ding of each employee, and shall furnish the Union a copy of each such list. Revised lists

will be posted every three (3) months during the term of this agreement. Any appeals from ilie

seniority list, as posted, must be made within ten (10) regular work days of posting; otherwise,

the list will be considered final.

In order to facilitate the proper administration of this agreement, a Union Officer or the

Chief Shop Steward shall be furnished, upon request, information concerning the employment

date, classification, rate of pay, time cards and any payroll records of any employee to whom this

agreement is applicable.

-35-

LEAVES OF ABSENCE

Section 17 (A) Leaves of absence, without pay, wiffbe granted by the Company to

any employee for compassionate reasons and may be granted by the Company to any employee

for reasonable cause without prejudice to theemp1oyee's seniority or other rights. Application

.for leave of absence must be m~de in writing to a representative of the Company designated by it

for such purpose, and be approved in writing_ by such Company representative, and a copy

thereof given to the Chief Steward for the Union. Generally, such leave of absence will be for a

period of not more than thirty (30) -days., but may be extended for reasonable cause by mutual

agreement between the Company and the Union. Any employee elected or appointed as a Union

Officer or as a Del~gate to any Labor Activity shall be granted leave without pay for a period of

a single term of Office, or three (3) years, whichever is the lesser, subject to renewal at the end of

such period at the option of the Company. Employees granted "leaves of absence" shall be re­

employed by the Company at the end of such leave if work is available in accordance with his

accumulated seniority and, in any event, shall be re-employed as soon as work is available in

accordance with such employee's seniority st_atus. -Any employee who, w~ile on leave of

absence, obtains employment with another employer without havir:g obtained prior permission to

do so from the Company and the Union, shall-be subject to discharge. At the Company's -

discretion, an employee may return, but he will lose his seniority.

(B) In the event of a death in the immediate family, mother, father; spouse, child, .

brother, sister, grandparent, mother-in-law, father-in-law, brother-in-law, or sister-in-law of an

employee, such employee shall be paid for eight (8) hours at his regular straight time hourly rate

for each day so taken, but not to exceed two (2) days pay in the event of the death of the

employee's mother, father, spouse, child or one (1) days pay in the event of the death of another

member of the employee's immediate family

-36-

GRIEVANCE PROCEDURE

Section 18 (A) A Chief Shop Steward and not more than one (1) additional shop

.steward shall be appointed by the Union from among its members employed by the Company.

(B) The Chief Shop Steward and the additionai Shop Steward shall constitute the

Shop Committee·. In the absence of the Chief Shop Steward or the additional Shop Steward, an

alternate Shop Steward shall be substituted. Shop Stewards shall not be discriminated against for

performing their duties as hereinafter provided.

(C) Should any differences arise between the Company and the Union, an earnest

effort shall be .made to settle such differences as hereinafter provided for, beginning with Step 2.

Should any differences arise between the· Company and an employee, or employees, relating to

the interpretation, application, administration or alleged violation of this agreement, within seven

(7) days after the Employee becomes aware that a grievance occurred, the Company must

receive written notice from the Shop Steward, an earnest effort shall be made to settle such

differences in the follov,,ing manner:

Step 1. By the complaining employee, the Shop Committee and the Foreman of the

department. If not settled.

Step 2. By a representative of the Union, the Shop Committee and a designated

representative of the Company.

Insofar as possible, all grievances and disputes not settled as provided for in Step 1 of this

Subsection, shall be taken up on such one day of each week, to be mutually agreed upon.

-37-

Section 18 (continued)

Jo permit investigation in advance of such.weekly meetiiigs, grievances shall be submitted to the

Plant Manager in writing, signed by the aggrieved empl~yee, or by a representative of the Union,

at least one (I) day before the meeting. Every effort is to be made to confine a consideration of

grievances and complaints to this one(l) day, but more frequent meetings of the Shop

Committee and the Plant Manager for the Company, or bis assigned representative, will be held

upon the request of either party. Grievances necessitating immediate ~ction shall be handled

during work hours without loss of pay to the Shop Committee.

(D) The Shop Stewards provided for as mentioned in this Section 18 shall have and

possess power and authority to act for and bind the Union only in connection with those

functions, rights, obligations· and matters provided for in this _agreement. They will not have, or

be deemed. to have,. any other authority to act for or bind the Union.

-38-

ARBITRATION

Section 19 (A) Any differences or disputes between the Company and the Union,

or between the Company and an employee, or employees, relating to the interpretation,

application, administration or alleged violation of this agreement, including any question as to

whether or not a matter is arbitrable, that has not been satisfactorily settled pursuant to the

grievance as set forth in the preceding Section of this agreement, shall, upon the written request

of either party, which request must be made within fifteen (15) days. after the dispute in question

has been processed pursuant to Step 2 of Subsection (C) of the preceding Section of this

agreement, be submitted to a Board of Arbitration composed in the following manner. One

member of the Board of Arbitration shall be selected by the Company and one member selected

by the Union within seven (7) working days after receipt of such written request. The two

arbitrators so selected shall meet immediately and if within three (3) days they fail to settle the

dispute in question, they shall endeavor to agree upon a third member of the Arbitration and, in

the event such third member is not mutually agreed upon within two weeks, such third member

shall be selected by the Minister of Labour, Province of Ontario, as· provided for in the Labour

Relations Act of such Province, and such third member shall be the Chairman of the Board of

Arbitration. The Board of Arbitration shall hear and determine the difference or allegation and

shall issue a majority or unanimous decision in writing; such decision shall be final and.binding

.upon the parties and upon any employees affected by it. The Company, the Union and the

employees covered by this agreement shall do, or abstain from doing, anything required of them

by the decision of the Board of Arbitration. The expense of the arbitrator selected by the

Company shall be paid by the Company, and the expense of the arbitrator selected by the Union

shall be paid by the Union, and the expense of the third arbitrator shall be borne equally by the

Company and the Union.

-39-

Section 19 (continued)

(B) The foregoing provisions. for arbitration are not intended and shall not be

construed as in any way qualifying or making subject to change any term or condition of

employment specifically covered by this agreement, nor shall the Board of Arbitration have any

authority to alter or change any of the provisions of this agreement. It is expressly understood

and agreed that the foregoing provisions for -arbitration shall not apply to any dispute as to terms

or provisions to be incorporated in any proposed new agreement between the parties. However,

the Board of Arbitration is hereby authorized and empowered to make its decision and award

retroactive, including retroactive pay, for employees improperly or unjustly laid off or

discharged.if, in their judgement, circumstances justify such an award.

Any dispute between the parties as to the interpretation or construction to be placed upon

the award made as hereinabove provided for shall be submitted to the Board of Arbitration who

made the award, who may thereupon construe or interpret the·award so far as necessary to clarify

the same, but without changing the substance thereof, and such interpretation or construction

shall be binding upon all parties.

-40-

STRIKES AND LOCKOUTS

Section 20 The Company agrees that it will not cause or direct any lockout of its _

employees for the duration of this agreement. The Union agrees that neither it, nor its

representatives will, during the term of this agreement, authorize, call, cause, condone, or take

part in any strike, picketing, sit-down, slow-down, or curtailment or restriction of production, or

interference with work in or about the Company's plant or premises. The Union further agrees

that any employee, or employees, participating in, taking part in, instigating or assisting in

instigating, in such strike, picketing, sit-down, stand-in, ·slow-down, or curtailment or restrict1on

of production or interference with work in or about the Company-' s plant or premises for the

duration of this agreement, shall be subject to discipline or discharge. The term "slow-down"

shall mean a condition of willful restriction or reduction of production by an employee whic.µ is

within such employee's reasonable control.

-41-

PLANT VISITATION

Section 21 An authorized representative of the Union, after arranging permission with

a representative of the Company, may visit the Company premises for the purpose of discussing

or investigating any matter covered by this agreement.

-42-

BULLETIN BOARDS

Section 22 Bulletin Boards shall be made available by the Company for the use of the

Union for the posting of Union notices relating to meetings, appointments of committees,

election of officers, seniority schedules, dues, entertainment, health and safety.

-43-

SAFETY AND HEALTH

Section 23 (A) The parties hereto recognize the importance of safety provisions in

the plant for the welfare of the employees and the protection of the Company's property. It shall

be the exclusive responsibility of the Company to insure the safety and health of its employees

during the hours of their employment. There shall be a permanent Safety Committee consisting

of but not to exceed two (2) persons, who shall be employees of the Company, selected by the

Union, and an equal number of persons selected by the Company. This committee shall be

empowered only to investigate, discuss and submit recommendations to the Company calculated

to relieve any unsafe or unhealthy conditions that may exist. The Company agrees to make

reasonable efforts to improve and/or correct any safety defect or unhealthy condition which the

Committee may call to its attention. However, any work operation which any member of the

Committee deems to be of imminent danger to the safety or health of any employee shall

immediately be called to the attention of a representative of the Company. The Company agrees

to shut such work operation down pending an investigation and/or removal of the danger.,

without loss of pay to employees assigned to such work operation.

(B) The Company will replace the hereundedisted tools and equipment owned by an

employee which become worn out or broken. Worn out or broken tools are to be turned into the

Company before replacement is made. Employees shall have the follo\.ving tools on starting

work for the Company:

-44-

Section 23 ( continued)

Layerouts and Fitters

12' tape, 50' tape, Robertson, Philips and slot screwdrivers, 12"combination square, pliers, ball peen hammers-1-1 lbs; 1- 2 ½ lbs ,scnoer, center punch, 3/4" cold chisel, 2' crupenter' s square, hacksaw frame, adjustable level, tap handles, dividers, Allen wrenches, 12" adjustable wrench, vise grips, tool box. ·

Welders Helmets, gloves, chipping hammer, 12' tape, 12" combination square, 2 ½ ball peen hammer, center punch, 211 carpenter square.

Drivers and Snow .Cleaners Company to provide Rain and Cold weather gear to drivers and snow cleaners.

Helpers 12' tape, 12" combination square, 2 ½ lb. Ball peen hammer, center punch , 2' carpenters square, 12" adjustable wrench.

(C)Toe Company will pay 50 % of the cost of prescription safety glasses for employees employed by the Company for one year or more to a maximum of $400.00 per year.

(D) The Company will pay $150.00 per year to Employees for safety shoes accompanying receipt.

-45-

SAVING CLAUSE

Section 24 The parties assume hereto that each provision of this agreement is in

conformity with all applicable laws of the Dominion of Canada and the Province of Ontario.

Should it later be determined that it would be a violation of any legally effective Dominion or

Provincial order or statute to comply with any provisions of this agreement, the parties hereto

agree to renegotiate such provision, or provisions, of this agreement for the purpose of making

. th.em conform to such Dominion or Provincial order or statute, and the other provisions of the

agreement shall not be affected thereby.

-46-

INTERIM AGREEMENT

Section 25 This agreement may be amended at any time by an agreement in ·writing,

executed by the parties hereto. The party desiring such an amendment shall submit a proposal

thereof in writing to the other party, which shall be entitled "Request for Interim Amendment''

and specify that it is given under Section 25, and upon receipt thereof the other party shall

promptly consider such proposal and, if requested to do so, discuss it with the party proposing

the amendment. The giving of such written "Request for Interim Amendment" shall in no way

effect or result in a termination or expiration of this agreement, or prevent or obstruct any

continuation or renewal thereof.

It-i~ ~xprep_sfr. und~_rstood 1)J.at if any disagreement should arise-liefweeh thej;,aitres -as. to. any ·~~ecttre$t for interim -Amendment'' submitted .. bf eii:her:partyundet thls-Section:25~-sueh

dj:sa_g,te~n:ient si:talr not.be reviewab1e under the grievance:procedure ~:et :(orth ip :s-qcnoµ 1 ~' n9-r

.atffitraofe:itirid'er the arbitration Prc:>visio_ns ?I\cl_p.rocedure s,et f9.$ m. $:e~ti'ori.19· oftj)is

agre·ement.

-47-

DURATION AND TERMINATION

S~ction_ 26. This. ~ -~p:i~nt,aQd-an~ a,m:endnJerit thereto;shail continue in. e:f:t:ect µp:til_midnigjlt of Februarjr2R~ 2017 ancj' s~I c:ontinue m,itomaticalfy t:heteafter for penod of qne (I) Ye.ill ~ach ,, tinless;dtb'er party riotrfies 'fµe,-other;_ '.in writing, by-registe;red post, witbin the ninety *ys(90} µnmediatety prec_e_dnig suq_q.~~pir~timi ~te; ~fjis:d~i:r:¢:_tott;rm.i,nateJ.fus agreement-. In :tlie ev~mt ·a notice o{desire to tenri.inate tlris agreement is given by either party as herein above provided, the parties shall meet within such .ftnther period as the parties may agree, for the purpose of negotiating a new agreement to become effective on the expiration date of this agreement.

If pursuant to such negotiations, a new agreement, or a renewal of this agreement, is not reached prior to the current expiration date, the terms and conditions set forth in this agreement and, or any amendments thereto shall continue in eff~ct without change until a new agreement is agreed upon or the completion of the conciliation preceding prescribed in the Labour Relations Act, R.S.O. 1970, Chapter 232, as amended, whichever shall frrst occur, when and if a new collective agreement is agreed upon, same shall be effective and retroactive to the current expiration of this agreement.

-48-

IN WITNESS WHEREOF each of the parties has caused this Agreement to be signed by its duty authorized representatives as of 1he :first written above.

ON BEHALF OF: ON BEHALF OF:

THE ARCHITECTURAL METAL ASSOCIATION

craft Ltd.

By __ -t.t-t-T-t-'----+--­

Peng

Ste-alco Limited

J