AKMAN CONSTRUCTION INC. INTERNATIONAL … and Civil...INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL793 Hereinafter referred to as the "Union" May 1, 2016 to Apri/30, ... Union

AKMAN CONSTRUCTION INC.

Hereinafter referred to as the "Employer"

-and-

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL793

Hereinafter referred to as the "Union"

May 1, 2016 to Apri/30, 2019

TABLE OF CONTENTS:

Article 1 - Purpose Article 2 - Geographical Area Article 3 - Recognition Article 4 - Union Security Article 5- Management Rights Article 6 - Grievance Procedure Article 7- Arbitration Article 8 - Union Representation

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Article 9 - Union Co-Operation and Productivity Article 10 - Safety, Sanitation and Shelter Article 11 - No Strike or Lockout Article 12 -Payment of Wages Article 13- Benefit Plan, Pension Plan and Working Dues Article 14 - Wages and Classifications Article 15- Hours of Work and Overtime Article 16 -Shift Work Article 17- Reporting Time Article 18 - Travel Allowance and Room and Board Article 19- Vacation and Holiday Pay Article 20 - Regular Employees Article 21 -Seniority Article 22 - Training Article 23 - Special Notes Article 24- EP.S.CA., Road Building and LCL Projects Article 25- Term of Agreement Appendix ':.4" Letter of Understanding

Page No.

3 3 3 3 5 5 6 7 7 7 8 8 8

10 12 12 12 13 13 14 14 15 16 16 17 18 19

Belleville/Kingston Sewer & Watermain

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ARTICLE 1 - PURPOSE

1.1 The purpose of this Agreement is to establish wages, hours of work and other working conditions within the sector or sectors of the Construction Industry in which the Employer participates.

ARTICLE 2 - GEOGRAPHICAL AREA

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

2.2 Wages and conditions as outlined in this Agreement shall be effective within Labour Board Areas 12 and 29, as defined by the Ontario Labour Relations Board.

2.3 In other areas of the Province of Ontario where there exists an Agreement between a Contractor or Association of Contractors and the Union, the Company agrees to abide by the wage rates and conditions of the said agreements. In no area, however, shall the wages and conditions for employees taken from the Geographical Area outlined in 2.2 above, be less than listed in this Agreement.

ARTICLE 3 - RECOGNmON

3.1 The Employer agrees to give preference to those subcontractors who are in contractual relations with Local 793 for work covered by this agreement provided such subcontractors are available, capable and bid competitively at tenders. This applies to subcontractors for grubbing, landscaping, fencing, guardrails, curbs and gutters, and sidewalks and asphalt paving.

3.2 Employers' signatory to this agreement (namely Gordon Barr Limited, Len Corcoran Excavating Ltd., Don Hart Construction, Taggart Construction Limited, V.J. McMullin Pipeline, CLC Construction, L.J.M. Construction, Lennox Snow Fence Co. (1982) Ltd., Harold Ramsay & Son Trucking, Siteworx Construction, McBeath Bros. Contracting Limited and other companies that are signatory to this agreement) will give each other first refusal for any operated equipment rental requirements. The Union will notify the employers signatory to this agreement of any additional companies that become signatory to this agreement.

ARTICLE 4 - UNION SECURITY

4.1 Any employee shall, when working in a position within the bargaining unit described in Article 3 above, as a condition of employment, become a member of the Union after having worked fifteen (15) days and shall be required to maintain such membership during the life of this Agreement.

4.2 It is expressly understood and agreed that the Employer shall not be required to discharge any employee for the violation of the provisions of this Article for Union Security for any reason other than the non-payment of regular monthly dues, working dues, advancement dues, special general assessments, or the refusal of an employee to join the Union as aforementioned notwithstanding anything to the contrary herein.

4.3 a) As a condition of employment the Employer shall require such employee to sign a form which


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authorizes the Employer to deduct regular monthly Union dues, working dues, advancement dues, initiation fees and annual assessments from the employee's pay. The regular monthly Union dues shall be deducted from each employee on the first pay period of each month.

The Union shall notify the Employer of the amounts and any changes thereto of the above-mentioned deductions.

b) All dues, advancement dues, fees and assessments so deducted shall be remitted together with Pension and/or Benefit contributions as set out in 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.

4.4 The Employer agrees when additional personnel are required, to call the Union office or Union Representative concerned, who shall attempt to supply such qualified personnel as quickly as possible. If the Union is unable to supply such personnel within 48 hours, excluding weekends, then the Employer shall be free to hire elsewhere. The Employer shall determine the qualifications of such proposed employees.

4.5 The Employer agrees before recalling to work their present employees after a seasonal layoff, to refer them to the Union Office or Union Representative concerned.

4.6 The Employer shall layoff and recall employees in order of seniority provided they are qualified, capable and competent to perform available work.

Layoff Procedure In the event of layoff employees covered by the Agreement, the following procedure shall prevail: a) First laid-off shall be applicants for membership; b) Second laid-off shall be members of the Union from out-of-province working on permits or

travel cards; c) Third laid-off shall be members of the Union who are in receipt of a retirement pension from the

I.U.O.E., Local 793 Pension Plan; d) Last laid-off shall be all other members of the Union.

Recall Procedure In the event of recall of employees covered by this Agreement, the Employer shall abide by the following procedure, provided the employees to be recalled are capable of performing the required work: a) First recalled shall be members of the Union, except those identified in (b), (c) and (d) below; b) Second recalled shall be members of the Union who are in receipt of a retirement pension from the

I.U.O.E. , Local 793 Pension Plan; c) Third recalled shall be members of the Union from out-of-province working on permits or travel

cards; d) Last recalled shall be applicants for membership in the Union.


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ARTICLE 5 - MANAGEMENTS RIGHTS

5.1 The Union agrees that it is the exclusive function of the Employer covered by this Agreement:

a) to conduct his business in all respects in accordance with his commitments and responsibilities including the right to manage the jobs, locate, extend, curtail or cease operations, to determine the kinds and locations of machines, tools and equipment to be used, and the schedules of production, to judge the qualifications of the employees and to determine the number of men required at any or all operations and all matters concerning the operation of the Employer's business, not specifically dealt with elsewhere in this agreement;

b) to hire, discharge, classify, transfer, promote, demote, layoff, suspend or otherwise discipline employees, provided that a claim by any 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 rules of conduct and procedure to be observed by the employees.

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

5.2 The Company rules and regulations shall be posted and made available to the Union and employees.

ARTICLE 6- GRIEVANCE PROCEDURE

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

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

6.3 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, and 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.

6.4 In determining the time which is allowed in the various steps, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing.

6.5 If advantage of the provisions of Articles 6 and 7 hereof is not taken within the time limits specified 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.

6.6 The Employer shall designate and name the official to whom a written grievance is submitted at Step #2.


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6.7 It is understood and agreed that an employee does not have a grievance until he has discussed the matter with his foreman or other supervisory personnel acting in this capacity and given him an opportunity to deal with the complaint. His decision shall be made known to said employee within forty-eight ( 48) hours. Grievances properly arising under this Agreement shall be adjusted and settled as follows:

STEP 1 - Within five (5) days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee, with or without the Steward, shall present his grievance orally or in writing to the official of the Employer named by the Employer to handle grievances at this step. If a settlement satisfactory to the Union and the employee concerned is not reached within two (2) full working days, a grievance may be presented as indicated in Step 2 at any time within four ( 4) full working days thereafter.

STEP 2 - (a) At this step 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 Company Official assigned to handle written grievances.

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

ARTICLE 7- ARBITRATION

7.1 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 steps of the grievance procedure outlined in Article 6, which has not been settled will then be referred to a Board of Arbitration at the request of either of the parties hereto.

7.2 The Board of Arbitration will be composed of one person appointed by the Employer, one person appointed by the Union and a third person to act as Chairman chosen by the other two members of the Board.

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

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

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

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

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


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ARTICLE 8- UNION REPRESENTATION

8.1 The Union Representative shall, in the course of his duties, have access to the work, where possible, on which members of the Union are employed, and the Employer will provide assistance to the Union Representative to obtain a pass to the premises where necessary. The Union Representative shall make his presence known to the Employer's senior representative or his delegate. In no instance, however, shall he interfere with the progress of the work except to correct safety violations and then only after consultation and agreement with the Employer's representative to whom he first made his presence known.

8.2 The Union Representative when on site shall abide by all safety rules as stipulated in the appropriate safety acts or regulations.

8.3 It is agreed that the Union may appoint one employee per shift to act as Steward, and that the Employer shall be notified in writing of such appointment and any changes thereafter.

8.4 Whenever possible, considering the nature of the work to be performed, the Steward shall be one of the last two (2), employees covered under the terms of this Agreement to remain working and one of the first two (2) Employees to be RECALLED from a lay-off, provided he/she is competent and capable of performing such work.

ARTICLE 9 - UNION CO-OPERATION AND PRODUCTIVITY

9.1 The Union agrees to uphold the rules and regulations of the Employer in regard to punctual and steady attendance, proper and sufficient notice in case of necessary absence, conduct on the job and all other rules and regulations established by the Employer and not conflicting with this Agreement.

9.2 The Union recognizes the mutual value of improved methods and increased productivity in the interest of the employees and the Union agrees to co-operate with the Employer in the installation of such methods in suggesting improved methods and in the education of its members in the necessity of such changes and improvements.

9.3 The Union recognizes the need for conservation and the elimination of waste and agrees to co-operate with the Employer in suggesting and practicing methods in the interest of conservation and waste elimination.

9.4 The Employer agrees on all projects, that all employees shall be permitted time in each half of their shifts to break for refreshment.

ARTICLE 10- SAFETY, SANITATION AND SHELTER

10.1 The Employer agrees to provide an approved safety helmet, which shall be required to be worn as a condition of employment. When the Employer makes mandatory the wearing of any specialized helmet, it will be released on a charge-out basis.

10.2 Every employee shall, as a condition of employment, wear suitable protective footwear, purchased through the Employer at cost. Other personal protective equipment required under abnormal


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conditions or during inclement weather will be supplied by the Employer on a charge-out basis.

10.3 Bottled water and sanitary facilities will be supplied by the Employer in accordance with the appropriate safety acts. This shall include adequately heated shelter in which employees may eat their lunch.

10.4 An employee who is injured in the course of performing his duties and requires medical attention by a physician and is certified by the physician that he is unable to continue work shall be paid for his regularly assigned hours on the day of injury. The Union and the Employer shall be notified immediately of a lost time injury by the employee.

10.5 No employee shall perform any duty where a known safety hazard exists without another person being present at the job site.

10.6 The Employer shall supply all necessary specialty safety equipment required on the work site.

ARTICLE 11 - NO STRIKE OR LOCKOUT

11.1 During the life of this Agreement, the Union agrees there will be no strike, work stoppage, slowdown, picketing or any other act which will interfere with any operation of the Employer and the Employer agrees that he will not cause a lockout.

11.2 The Union shall not involve the Employer in any dispute which may arise between the Union and any other Company and the employees of such other Company.

11.3 The Union will not condone a work stoppage or observe any picket line placed on a job site for jurisdiction or organizational purposes.

ARTICLE 12- PAYMENT OF WAGES

12.1 Wages shall be paid weekly by cash, cheque or direct deposit at the option of the Employer, by normal quitting time on Thursday, and shall be accompanied by a statement identifying the Employer and setting out regular hours, amount of vacation pay, as well as deductions for income tax, unemployment insurance, and Canada Pension Plan.

12.2 In the case of lay-off all employees shall be paid up to date on the job site where practical; otherwise, cheques, Record of Employment, and Ontario Hospital Services Commission Form 104 shall be forwarded by registered mail to his last know address on file with the Employer within two (2) working days of the time of termination.

ARTICLE 13 - BENEFIT PLAN. PENSION PLAN AND WORKING DUES

13.1 Effective May 1, 2016 the Employer agrees to contribute Five Dollars and sixty-four cents ($5.64) per hour earned to the International Union of Operating Engineers, Local 793 Pension Benefit Trust Fund for each employee covered by this Agreement.


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Effective May 1, 2017 the Employer agrees to contribute Five Dollars and seventy-four cents ($5.74) per hour earned to the International Union of Operating Engineers, Local 793 Pension Benefit Trust Fund for each employee covered by this Agreement.

Effective May 1, 2018 the Employer agrees to contribute Five Dollars and eighty-four cents ($5.84) per hour earned to the International Union of Operating Engineers, Local 793 Pension Benefit Trust Fund for each employee covered by this Agreement.

13.2 Effective May 1, 2016 the Employer agrees to contribute Four Dollars and twenty-two cents ($4.22) per hour earned to the International Union of Operating Engineers Local 793 Health and Benefit Trust Fund for each employee covered by this Agreement.

Effective May 1, 2017 the Employer agrees to contribute Four Dollars and thirty-seven cents ($4.37) per hour earned to the International Union of Operating Engineers Local 793 Health and Benefit Trust Fund for each employee covered by this Agreement.

Effective May 1, 2018 the Employer agrees to contribute Four Dollars and fifty-two cents ($4.52) per hour earned to the International Union of Operating Engineers Local 793 Health and Benefit Trust Fund for each employee covered by this Agreement.

13.3 These contributions shall be remitted in accordance with this agreement to the Welfare Trust Fund and Pension Trust Fund which Funds shall be administered by an equal number of Trustees appointed by the Union and an equal number of Trustees appointed by Employers.

13.4 All contributions shall be submitted by the 15th of the following month in which the hours have been worked, and at no time shall the contributions be paid directly to the employee. If payment is over thirty (30) days late, interest at one percent (1 %) per month shall be paid from the due date, and in addition the delinquent Employer may be required by the Trustees of the Funds to deposit with the Trustees a two thousand, five hundred dollars ($2,500.00) cash bond.

13.5 The Employer hereby covenants and agrees to sign Participation Agreements with the Trustees of the Funds.

13.6 Working Dues Check-Off The Employer agrees to deduct from each employee in the bargaining unit, working dues at the rate of two percent (2%) of the total wage package, which includes the hourly rate, vacation and health plan and pension plan contributions . Such deductions shall be forwarded along with the above mentioned Benefit and Pension Plan contributions and supporting information shall be as required by the Trustees on the Reporting Forms. Such deductions shall be immediately paid to the Local Union by the Administrator of the Plans.

13.7 ADVANCEMENT DUES CHECK-OFF Effective May 1, 2016, the Employer shall deduct twenty cents ($0.20) per hour for each hour earned by each employee covered by this Agreement for Advancement Dues. The amount deducted shall be remitted together with other monthly contributions and deductions in the matter set out in this Collective Agreement.


10 Effective May 1, 2017 this shall be increased to twenty-five cents ($0.25) per hour for each hour earned by each operator.

Effective May 1, 2018 this shall be increased to thirty cents ($0.30) per hour for each hour earned by each operator.

NEW WELFARE AND PENSION ADMINISTRATION LANGUAGE

Effective May 1, 2016, Employers shall contribute in total:

Nine Dollars and eighty-six cents ($9.86) per hour to the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust of Ontario (the "Health Plan") and to the International Union of Operating Engineers, Local 793 Members Pension Benefit Trust of Ontario (the "Pension Plan") for each hour earned by each employee in his employ. It is agreed that Employers shall make a single monthly payment to an independent administrator appointed by the Trustees of the Health Plan and the Pension Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that the contributions are allocated and made on behalf of each Employer and employee to the Health Plan and the Pension Plan, as set out in Appendix "A" of this Agreement.

Effective May 1, 2017, the total Employer contributions of Nine Dollars and eighty-six cents ($9.86) per hour shall increase to Ten Dollars and eleven cents ($10.11) per hour.

Effective May 1, 2018, the total Employer contributions of Ten Dollars and eleven cents ($10.11) per hour shall increase to Ten Dollars and thirty-six ($10.36) per hour.

ARTICLE 14 - Wages and Classifications

1. Operators of Shovels, Backhoes, Draglines, Hoptoes, Gradalls, Cranes & similar equipment. Moles and Clams.

Effective Date Wages Vacation Pension Plan Benefit Plan Total pay

May 1, 2016 27.76 2.78 5.64 4.22 40.70

I May 1, 2017 I 28.85 I 2.89 I 5.74 I 4.37 II 42.20 I

I May 1, 2018 I 29.95 I 2.99 I 5.84 I 4.52 II 43.70 I


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2. Operators of Bulldozers, Front-end Loaders, Graders, Scrapers, Crushers, and Farm & Industrial Type Tractor with Excavating Attachments. Mechanics, Welders, Machinist. Operators of Pitman & Skyhook type cranes for other than Rental Work.

Effective Date Wages Vacation Pay Pension Benefit Plan Total Plan

May 1, 2016 27.18 2.72 5.64 4.22 40.06

May 1, 2017 28.27 2.83 5.74 4.37 I 41.56 I May 1, 2018 29.36 2.94 5.84 4.52 43.06

3. Grade Rollermen inc. self-propelled rubber tired rollers; Float Drivers, Servicemen, Farm & Industrial Tractors with tow compaction units or grade maintaining equipment. Off Road Rock Carriers, Skid Steer

Effective Date Wages Vacation Pay Pension Benefit Plan Total Plan

May 1, 2016 25.91 2.59 5.64 4.22 38.66

May 1, 2017 27.00 2.70 5.74 4.37 40.16

May 1, 2018 28.09 2.81 5.84 4.52 41.66

4. Oilers, Front-End Drivers and Mechanics Helpers.

Effective Date Wages Vacation Pension Benefit Plan Total Pay Plan

May 1, 2016 25.46 2.55 5.64 4.22 38.17

May 1, 2017 26.55 2.66 5.74 4.37 39.67

May 1, 2018 27.65 2.76 5.84 4.52 41.17

a) Float drivers must be able to operate sufficiently to load and unload equipment.

b) Mobile Cranes Other than as noted in Group 1 of Classifications, Mobile Crane Operators on rental work shall be paid on a day to day basis under the rates and conditions of the Union's Provincial Crane & Equipment Rental Agreement- this shall include drivers where required.

ARTICLE 15 - HOURS OF WORK AND OVERTIME

15.1 The standard work week shall be fifty (50) hours, Monday to Friday.


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15.2 The standard work day shall be not more than ten (10) hours per day between the hours of 7:00 a.m. and 6:00 p.m.

15.3 a) Overtime at the rate of time and one-half shall be paid for all hours worked after ten (10) hours per day Monday to Friday and for all work performed on Saturdays.

b) All work performed on Sunday and the following holidays shall be paid for at double (2X) the regular wages:

New Year's Day Family Day Good Friday Boxing Day

Victoria Day Canada Day Civic Holiday

Labour Day Thanksgiving Day Christmas Day

c) When any of the forgoing holidays fall on a Saturday or Sunday the preceding Friday or the next Monday shall be recognized as the holiday, by mutual agreement of the parties.

ARTICLE 16 - SHIFT WORK

16.1 A shift Premium of two dollars ($2.00) per hour will be paid at the applicable rate for any shift commencing between 7 P.M. and 7 A.M. inclusive and for all work performed on a regularly scheduled second or third shift.

ARTICLE 17- REPORTING TIME

17.1 An employee who reports for work as usual, unless directed not to report the previous day by his Employer, shall receive a minimum of four ( 4) hours pay at the applicable rate, together with travelling expenses and shall remain at other work if requested by the foreman. An employee directed to work after noon lunch period and who commences to work shall also be subject to a minimum of four (4) hours pay at the applicable rate for the remainder of his shift. This does not apply when conditions under Paragraph 17.3 prevail.

17.2 In the case of employees who are requested to and do report for work on Sundays and Holidays, the minimum hours payable shall be four (4) hours at the applicable rate, together with travelling expenses.

17.3 Inclement Weather Two (2) hours pay, together with travelling expenses whenever applicable, shall be allowed by the Employer when an employee covered by this agreement reports for work at the Employer's shop or job but work is not available due to inclement weather, provided the employee remains on the job for two (2) hours after the normal starting time. However, no reporting pay shall be allowed where an employee has been informed not to report for work and such information has been given to him. If an employee is directed to work and commences to work, Paragraph 17.1 above shall apply. When employees are required to work on a job beyond 100 road kilometers from the Employer's office, a four (4) hour minimum pay shall apply.


13 ARTICLE 18- TRAVEL ALLOWANCE AND ROOM AND BOARD

18.1 There shall be no allowance for travel within 40 road kilometres from the company office, nor within a 10 Km radius from the City Hall of Kingston, Napa nee, or Gananoque.

18.2

I Road Kilometres I Effective May 1, 2016 Effective May 1, 2017 Effective May 1, 2018

41 to 60 $26.50 per day $27.16 per day $27.84 per day

61 to 80 $42.40 per day $4 3.46 per day $44.55 per day

81 to 100 $47.70 per day $48.89 per day $50.11 per day

The employee shall be paid The employee shall be paid The employee shall be paid

Over 100 $47.70 per day travel $48.89 per day travel $4 7. 70 per day travel allowance plus $0.37 per km allowance plus $0.38 per km allowance plus $0.39 per km above the 100 km. above the 100 Km. above the 100 Km.

18.3 Room and Board: When employees are required to stay away from home, travel will be paid one time out and one time back per week, and a daily allowance of $40 per working day shall be paid to employees working away from home. If the employee is employed out of town Monday to Friday then the provision shall be payable for five (5) days.

When Employees are required to stay away from home, the hotel, motel or place of accommodations shall serve as the Employer's home base. If the job site is located beyond 40 Km. from said home base, additional travel shall be paid at a rate of sixty cents ($0.60) per kilometer.

At the Employees option, either the Employer will provide suitable hotel accommodation, in close proximity to the project, to a maximum of two (2) persons per room, or will provide the equivalent amount in board allowance.

18.4 Maximum Payable: If the employee should choose to travel to a project that would normally require staying away from home, the Employer shall pay a maximum of: travel paid one time out and one time back per week, and an equivalent amount in board allowance, and a food allowance of $40 per working day.

18.5 Employer to provide T2200 form to Employees upon their request

ARTICLE 19 -VACATION AND HOLIDAY PAY

19.1 Vacation and Statutory Holiday Pay shall be paid weekly or biweekly on pay day to each employee covered by this Collective Agreement, at the rate of ten percent (10%) of gross wages earned, and income tax will be deducted weekly or biweekly.

19.2 Four percent (4%) of the forgoing shall be credits to Vacation with Pay, and six percent (6%) shall be credits in lieu of paid Statutory Holidays.


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ARTICLE 20 - REGULAR EMPLOYEES

20.1 Regular employees shall be considered those who are qualified to receive regular classification rates. Trainees in any classification shall not displace regular employees on job sites or in the shop, and shall be considered to be on probation within new classifications only, and until they have reached their journeyman's rate.

20.2 Regular employees who have been laid off shall be recalled and given the first opportunity to work before the Employer requests new employees as per Article 4.4.

ARTICLE 21 - SENIORITY

21.1 The continuous service record of all employees shall date from time of hiring with the Employer. All new employees hired after the signing of this Agreement shall be considered to be probationary employees for a period of four ( 4) months. On successful completion of their probationary period their seniority shall become effective from the last date of hiring. Notwithstanding Paragraph 21.1, the shop steward shall have seniority within his classification subject to conditions in Paragraph 21.2.

21.2 In all cases of reduction in the work force and recalls after layoff, it is agreed that within the employee's classification of work, the following factors shall be equally considered: 1) Continuous service.

2) The ability to perform the work.

21.3 Continuous service shall be considered as broken under the following circumstances: 1) An employee quits or is discharged for cause.

2) An employee fails to report for work at the termination of a leave of absence.

3) An employee who has been laid off fails to report for work within five (5) working days after written mail notice is sent to his last address appearing on the Company records.

4) An employee is absent without leave for three (3) consecutive shifts on which he was scheduled to work in which case it shall be construed as voluntary termination.

5) An employee who has been laid off and has not been recalled for a period of six (6) months.

6) Senior employees shall not displace junior employees during temporary lay-offs due to equipment being repaired at shop during months other than December, January, February and March.

ARTICLE 22 - TRAINING

22.1 When the Employer desires employees to be considered as trainees he must first notify the Union by letter stating the name and classification of the prospective trainee. The Union shall be notified in


16 f) Provisions within this Agreement (Article 4.1) the said Apprentice Trainee will be working within the bargaining unit and as a condition of Employment, must be signed into the Union as a member with fifteen (15) working days of the Apprentice Trainee's hired date.

g) It is agreed to and understood that no Apprentice Trainee shall displace any Operator that relates to lay-off and/or recall.

h) The Employer may employ up to one (1) Apprentice Trainee for every five (5) pieces of equipment owned and/or rented by the Employer.

i) The Employer shall hold the Apprentice Trainee position while they are obtaining training from the Operating Engineers Training Institute of Ontario.

j)(1) This Article is exclusively for the internal movement of the Company's Employees from a different classification other than Operator, to train as an Operator at the base pay rate as follows.

(2) First 1000 Hours $ 16.00 per hour Second 1000 Hours $ 17.00 per hour Third 1000 Hours $ 18.00 per hour

(3) An Operator trainee shall be cleared by the Union before commencing work. (4) An Apprentice Trainee shall not displace an Operator.

ARTICLE 23 - SPECIAL NOTES

23.1 Operators will be expected to provide adequate and proper tools to handle normal maintenance and adjustments to equipment.

The Employer will supply specialty tools.

ARTICLE 24- E.P.S.C.A .. ROADBUILDING AND I.C.I. PROJECTS

24.1 Employers who are designated as prime contractors may apply the wage rates and hours of work as outlined in the Collective Agreement between the Union and Coco Paving Inc., to work performed in the Roadbuilding Sector within Labour Board Areas 12 and 29.

24.2 The Employer shall apply the agreement between EPSCA and OACTC for all projects governed by that Agreement.

24.3 The Employer shall apply the agreement between the Employer Bargaining Agency and Local 793 for all projects governed by that Agreement.

ARTICLE 25 -TERM OF AGREEMENT

25.1 This Agreement shall become effective on the 1st day of May, 2016 and shall remain in effect until the


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30th day of April, 2019 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 30th day of April, 2019, or in a like period in any year thereafter.

IN WITNESS WHEREOF the Party of the First Part and the Party of the Second Part have caused their proper officers to affix their signature hereto.

Signed at ~~-<VJU£ , Ontario, this .31 ~:r day of_--'-~----'-o/:.c--__ , 2017

FOR THE EMPLOYER: FOR THE UNION: Akman Construction Inc.

s 4k-= Intern~tional Union of Operating Engineers, Local 793

tf{;J jft ./ ~./ I /

1gnature

Q.r w &kwtCitJ () L-, /)~J':~~ r Name & Title 1 Joe RedsHaw, President

0 / } ;-~ MM41JJ Co"'-S.fr v- cf;tJ~ · ( l'.vf

EfJi Address Rick Kerr, Treasurer

123 Cardevco Road Carp, Ontario KOA 1LO Tel: 613-836-6424 Fax: 613-836-6286

~

Recommended by Andrew Patton, Business Representative

Belleville/ Kingston Sewer & Watermain

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APPENDIX "A"

Article 13 of this Collective Agreement requires that the Employer shall make a single monthly payment to an independent administrator appointed by the Trustees of the Health Plan and the pension Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that the contributions are allocated and made on behalf of each Employer and employee to the Health Plan and the Pension Plan as follows:

Effective May 1, 2016:

(i) for employees with $6,750.00 or fewer dollars in their Health Plan dollarbank, Four Dollars and twenty-two cents ($4.22) to the Health Plan and Five Dollars and sixty-four cents ($5.64) to the Pension Plan;

(ii) for employees with more than $6,750.00 in their Health Plan dollarbank, Nine Dollars and eighty-six cents ($9.86) to the Pension Plan.


(i) for employees with $6,750.00 or fewer dollars in their Health Plan dollarbank, Four Dollars and thirty-seven cents ($4.37) to the Health Plan and Five Dollars and seventy-four cents ($5.74) to the Pension Plan;

(ii) for employees with more than $6,750.00 in their Health Plan dollarbank, Ten Dollars and eleven cents ($10.11) to the Pension Plan.


(i) for employees with $6,750.00 or fewer dollars in their Health Plan dollarbank, Four Dollars and fifty-two cents ($4.52) to the Health Plan and Five Dollars and eighty-four cents ($5.84) to the Pension Plan;

(ii) for employees with more than $6,750.00 in their Health Plan dollarbank, Ten Dollars and thirty-six cents ($10.36) to the Pension Plan.

Effective on and after January 1, 2009 the amount of $6,750.00 in a Member's Health Plan dollarbank noted in (i) and (ii) above shall be redetermined from time to time as determined by a duly constituted motion passed by the Board of Trustees of the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust of Ontario, and as conveyed to the administrator.


19

LETTER OF UNDERSTANDING

AKMAN CONSTRUCTION INC.

hereinafter referred to as "the Employer"

-and-

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 793

hereinafter referred to as "the Union"

WHEREAS the Employer and the Union are bound to the Belleville and Kingston Sewer and Watermain Collective Agreement (the "Collective Agreement"), to which this Letter of Understanding is attached;

AND WHEREAS the Employer's nearest company office is currently in Ottawa, Ontario;

AND WHEREAS the Union and the Employer agree that the Travel Allowance and Room and Board provisions of the Collective Agreement ought to be modified to reflect the fact that the Employer does not currently have an office in the geographic area covered by the Collective Agreement;

AND WHEREAS the Employer and the Union agree that this Letter of Understanding shall form part of the Collective Agreement;

NOW THEREFORE the Employer and Union agree as follows:

1. For the purpose of calculating Travel Allowance and Room and Board Article 18.1 of the Collective Agreement shall be replaced with the following:

18.1 For employees dispatched to the Employer from the IUOE Local 793 Belleville Hall, there shall be no allowance for travel within a 40 road kilometre radius of Belleville City Hall as calculated using http:/ /maps.google.ca

2. For calculating Travel Allowance and Room and Board beyond a 40 road kilometre radius of Belleville City Hall the remaining provisions of Article 18 of the Collective Agreement will apply.


.. .. 2 0

3. If the Employer opens an office within the geographic area covered by the Collective Agreement it shall immediately notify the Union, and the parties shall meet as soon as negotiate in good faith with respect to whether this Letter of Understanding shall remain in operation.

DATED at &ac.Kvu.~.~- this 3J ~ay of May, 2017.

ON BEHALF OF THE COMPANY ON BEHALF OF THE UNION

Andrew Patton Business Representative, Belleville District


Documents

AKMAN CONSTRUCTION INC. INTERNATIONAL … and Civil...INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL793 Hereinafter referred to as the "Union" May 1, 2016 to Apri/30, ... Union