...

Collective Agreement

between

St. Lawrence Cement Inc., Operating as Dufferin Aggregates

and

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I I RECEIVED-

UNION I vjiMPLOYER I OTHER

The Communications, Energy and Paperworkers Union of Canada, CLC and its Local 266

SEP 0 1 2004

COLLECTIVE BARGAINING INFORMATION SERVICES

January 1, 2004 - December 31, 2006

CONTENTS

ARTICLE 1 - INTENT AND PURPOSE .................................................................................................... 3

ARTICLE 2 -SCOPE OF COVERAGE ......•.••..•.............••••.•..•..•...•.•........•..•..•.....•.......•••.••••.....•............... 3

ARTICLE 3 - MANAGEMENT RIGHTS ....•.•.........•......••..•........•.••....•......••••...•........•..•••.•.•.•..................... 3

ARTICLE 4 - UNION SECURITY ..............................•............................................................................... 3

ARTICLE 5 - NO STRIKE, NO LOCKOUT ....•....••.......................................................•............................ 4

ARTICLE 6 • UNION COMMITIEES ........................................................................................................ 4

ARTICLE 7- GRIEVANCE PROCEDURE .................••...............•...•.........................................•............... 5

ARTICLE 8- ARBITRATION ..................•...•.•...............•..•.......................•••.........•..••...........•..................•. 6

ARTICLE 9- DISCHARGE •.......•.....•••.......................•..........•...•••.....•.....•............................•.........•.......... ?

ARTICLE 10- HOURS OF WORK AND OVERTIME ...........••••..•..•.........•......•.........................•............... ?

ARTICLE 11 -PAID HOLIDAYS ........•.•.•....•••..•..........•....•••............•....•....•......................•...............•....... 9

ARTICLE 12- VACATION .....•...........•....•••...............•....•...........•............•...........•.......•.......•.........•..•...... 10

ARTICLE 13 - SENIORITY ..................................................................................................................... 11

ARTICLE 14- WAGE$ •.....•....•................•....•.......................•.....................•........................................... 12

ARTICLE 15- LEAVE OF ABSENCE •......•.•......................................•...........•....................•..........•....... 14

ARTICLE 16- BULLETIN BOARDS .........................................................•.............•.............................. 14

ARTICLE 17- VACANT POSITIONS .........•...............•....•........•.....•.....•.•..................•...........•......•..•...... 14

ARTICLE 18- BEREAVEMENT ...................•......................................•.................................................. 15

ARTICLE 19- REST PERIODS ...............•.............................................................................................. 16

ARTICLE 20 -JURY AND WITNESS DUTY .................................•...................•.................................... 16

ARTICLE 21 - BENEFITS PLAN ... c •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 16

ARTICLE 22 - GENERAL ................•..............................................................................•....................... 18

ARTICLE 23 - FOREMEN WORKING .................................................................................................... 18

ARTICLE 24 - PENSION .................•.......•...................................................................•.........•............•... 18

ARTICLE 25- DURATION OF AGREEMENT •........................•....................................................•......... 21

ARTICLE 26- APPRENTICESHIP PROGRAM .............................•.......................................................• 22

ARTICLE 27 - HEALTH & SAFETY .•..................•..........•.................•............•................•................ .-.: ..... 24

ARTICLE 28 -TRAINING ....•...•.....•....•...•.....••....•.................•....................•........................... 24

LETIER OF INTENT #1 ........................•.•....•.................................•....................................................... 26

LETIER OF INTENT #2 ...........•..........................................................•..........................•....................... 27

LETIER OF INTENT #3 .................................................•.................................................•..................... 28

LETIER OF INTENT #4 ..............................................................................................•.......................... 30

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This Agreement made February , ~. 2004

Between:

St. Lawrence Cement Inc., Operating as Dufferin Aggregates

Hereinafter called the "Company"

and

The Communications, Energy and Paperworkers Union of Canada, CLC and its Local 266

Hereinafter called the "Union" of the second part

ARTICLE 1 - INTENT AND PURPOSE

1.01 The purpose and intent of this Agreement is to promote co-operation and harmony, to recognize mutual interest, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Employer, to promote efficiency and service, and to set forth herein the basic agreement covering rates of pay, hours of work, dispute procedure and conditions of employment.

1.02 Employees will be treated in a fair and consistent manner with respect to the provisions of this collective agreement.

ARTICLE 2 - SCOPE OF COVERAGE

2.01 This Agreement shall apply to all employees in the bargaining unit defined in the Certificate issued by the Ontario Labour Relations Board, viz: "This agreement shall apply to all employees of the Company at its quarry operation known as Dufferin Quarry, Esquesing Township, save and except foremen, persons above the rank of foreman, and office staff."

ARTICLE 3- MANAGEMENT RIGHTS

3.01 The management of the business and the direction of the working force, including the right to plan, direct and control operations, hire, suspend or discharge for proper cause, transfer or relieve employees from duty because of lack of work or for other legitimate reasons, the right to study or introduce new or improved production methods or facilities, and the right to establish and maintain reasonable rules and regulations covering the operation of the business and the conduct of employees are vested in the Company subject to the provisions of this Agreement.

ARTICLE 4- UNION SECURITY

4.01 The Company recognizes the Union during the life of this Agreement as the sole and exclusive bargaining representative in the matters of rates of pay, hours of work, and other conditions of employment as set out in this Agreement for all of its employees in the bargaining unit defined in Article II.

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4,02 · The Company will . , interfere with, restrain or coerce em1 rees because of membership of lawful activity in the Union, nor will it by discrimination in respect to hire,

tenure of employment or any term or condition of employment attempt to discourage

membership in the Union.

4.03 The Union agrees that neither the Union, nor its members, will intimidate or coerce any

employee in respect to his right to work or in respect to membership or non-membership

in the Union.

4.04 Membership in the Union, on the first day of employment, shall be a condition of

employment. The parties agree, however, that membership in the Union is separate and

mutually exclusive from the employee's attainment of seniority rights as defined in Article

8 of this agreement.

4.05 The Company agrees to deduct the initiation fee in two weekly installments, and the

monthly dues as required by the Union By-laws from the first pay of eligible employees

each month and to remit the money deducted, together with a list of employees from

whom the deductions were made, to the Financial Secretary of Local 266, prior to the end

of the month for which the deduction was made. The Company will notify the Chief

Steward of any new hourly employees hired.

4.06 The total amount of Union Dues (not including the initiation fee) paid by an employee

shall be included in the T-4 slips.

ARTICLE 5- NO STRIKE, NO LOCKOUT

5.01 During the term of this Agreement it is agreed that neither the Union nor its representatives, nor any member of it, shall cause, sanction, authorize or take part in any

strike as defined by the Ontario Labour Relations Act; nor shall the Company cause or

practice any lockout as defined by the same Act.

5.02 If there is a legal picket line at any Company with which the Company does business, no

employee will be required to cross such line if there is danger to the employee's safety or

Company equipment.

ARTICLE 6- UNION COMMITTEES

6.01 The Company agrees to recognize and deal with a Union Grievance Committee which

shall consist of not more than two employees elected or appointed by the Union. The

Committee shall meet at the request of either party at such times as are mutually agreed

on.

6.02 In the event a night shift is established, the Union may elect or appoint an additional

Steward. No more than two members of the Committee shall attend any meeting under

this Article.

6.03 It is clearly understood that Grievance Committee members and other Union Officers will

not absent themselves from their regular duties to deal with the grievances of employees,

except where they have permission of their foreman or superintendent to do so. In accordance with this understanding, the Company will compensate such employees for

the time spent in handling grievances of employees at their regular rate of pay, provided

that this does not apply to time spent on such matters outside of regular working hours.

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6.04 · A Representative c.. ,he Union upon informing the Quarry • .lager, or in his absence his

representative, shall be permitted to visit the Quarry premises and to interview employees

for the purpose of obtaining information pertinent to the administration of this Agreement,

provided such Union representative complies with all safety rules and regulations of the

Company.

6.05 The Company will recognize a Union Negotiating Committee composed of not more than

three employees, who will be given time off to negotiate the Collective Agreement, and

who will be paid for hours lost from their regular hours of work up to a maximum of five

negotiating meetings.

6.06 The Company undertakes that it will not object to a Union Representative, who has not

been involved in the processing of a grievance, being the Union's nominee to a Board of

Arbitration.

ARTICLE 7- GRIEVANCE PROCEDURE

7.01 Should any difference arise between the Company and any of the employees, an earnest

effort shall be made to settle such differences without undue delay.

A grievance is defined as either (1) an individual grievance affecting one person or (2) a

group grievance affecting more than one person or (3) a policy grievance filed by the

Union or the Company. When a grievance is at any step of the grievance procedure, by

written mutual consent between the parties all similar grievances filed will be held in

abeyance pending resolution or determination of the first grievance.

(a) No complaint or grievance shall be submitted or considered under the grievance procedure unless it has been presented within ten working days from the time of its

alleged occurrence.

Step 1 of the Grievance Procedure

(b) The aggrieved employee and the Steward shall take the matter to the immediate

foreman, who shall render a decision within two (2) working days, or a time mutually

agreed upon, of receiving the complaint. The Shop Steward shall provide a written

grievance to the Company and receive a written response from the Company.

Step 2 of the Grievance Procedure

(c) If a satisfactory settlement is not then reached, the Steward and the aggrieved employee

shall present the matter to the Quarry Manager in writing, within five (5) working days of

the termination of step 1. The Quarry Manager or his designate will meet with the Steward

within seven (7) working days of the date that the matter was presented to him and a

decision will be given within four (4) working days of the meeting or a time mutually

agreed to. The Shop Steward shall receive a written response from the Company. If the

manager cannot meet within the time limits, the grievance automatically proceeds to

7.01d (Step 3) of this agreement. Policy grievances will be submitted at this step, first.

Step 3 of the Grievance Procedure (Includes (d) only)

(d) If a satisfactory settlement is not then reached, the matter shall be referred to the Union,

which shall notify the Operations Manager or his designate within five (5) working days of

their intent to proceed to Step 3. The Operations manager or his designate and the Shop

Steward will meet within fourteen (14) working days. A decision will be given within three

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(3) working days o .• 11e meeting or a time mutually agreed . The Shop Steward shall

receive a written response from the Company. If the Manager cannot meet within the time

limits, the grievance automatically moves to 7.01e of this agreement

(e) If a satisfactory settlement of the grievance is not then reached, it may be dealt with by

Arbitration, providing notice of request to submit the grievance to arbitration be given

within ten (10) working days, or a time mutually agreed upon, after the receipt of the

decision in (d) above. Arbitration may be other than Article 8 of this agreement If within

ten ( 1 0) working days, the Union or the Company have not advised the other party in

writing of their intent to pursue a grievance to arbitration, the grievance will be considered

settled or abandoned. Once notice has been served by a party to pursue a grievance at

arbitration, that party will have forty-five (45) calendar days from the day notice was

provided to complete the process of filing for arbitration for the purpose of selecting an

arbitrator or mediator (should the parties mutually agree to grievance mediation). If within

forty-five (45) calendar days from the day it gave notice to pursue a grievance at arbitration a party has not completed the process of filing for arbitration for the purpose of

selecting an arbitrator or mediator, the grievance will be considered settled or abandoned.

Either party may pursue an application for expedited arbitration (OLRA s.49) as a means

of resolving a grievance notwithstanding this article.

(f) In the event an employee is called to a meeting which may result in discipline he shall be accompanied by the· on-site Steward of his choice.

(g) Where practicable, the Company will administer discipline within ten (10) working days

from the date the alleged incident was brought to the attention of the Company.

(h) As an alternative to Arbitration, the parties may mutually agree to Grievance Mediation as

a means of resolving a grievance. A mutual agreement to resolve a grievance at Grievance Mediation shall be in writing. Should the parties not mutually agree to Grievance Mediation, the Union or the Company must file for Arbitration within the time

limits as setout in subsection (e) otherwise the grievance will be considered settled or

abandoned. An agreement of the parties to make use of the Grievance Mediation process

shall not be construed as a practice for either party regardless of the frequency in which it is used.

Note: For the above grievance procedure, the parties agree that a workweek is defined as Monday to Friday.

ARTICLE 8 -ARBITRATION

8.01 Where a difference arises between the parties relating to the interpretation, application or

administration of this Agreement or when an allegation is made that this Agreement has

been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the

difference or allegation to arbitration and, at the same time, nominate an arbitrator. Within

five days thereafter the other party shall nominate an arbitrator.

8.02 The two arbitrators so nominated shall select by agreement a chairman of the Arbitration

Board. If they are unable to agree upon a chairman within five days following the date of

the appointment of the second arbitrator, they shall then request the Minister of Labour

for the Province of Ontario to appoint a chairman.

8.03 The Arbitration Board shall not be authorized to make any decision inconsistent with the

provisions of this Agreement, or to alter, modify, or amend any part of this Agreement

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,8.04 The proceedings of the Arbitration Board will be expedited by the parties hereto, and the

decision of the majority of such Board will be final and binding upon the parties hereto

and the employees concerned.

8.05 Each of the parties hereto will bear the expense of the arbitrator appointed by it, and the

parties will jointly bear the expenses of the chairman of the Arbitration Board.

ARTICLE 9 - DISCHARGE

9,01

9.02

9,03

9.04

9.05

(a)

(b)

(c)

A claim by an employee that he has been unjustly discharged shall be treated as a

grievance if a written statement of such grievance is lodged with the Company at Step

No. 2 of the Grievance Procedure within five days after the discharge is effected, Such

special grievance may be settled under the Grievance Procedure by:

Confirming the Company's action in dismissing the employee,

Reinstating the employee with full compensation, or for such period as may be

considered equitable and just for time lost

By any other arrang~ment which may be deemed just and equitable.

When an employee has been dismissed, he shall have the right to interview his Steward

for a reasonable time before leaving the Quarry premises.

Any disciplinary action will be removed from an employee's file after a period of two (2)

years, except for lateness and absenteeism disciplinary action which will be removed after

one (1) year.

No employee shall be discriminated against by either party,

It is recognized that a period of probation is a period during which the Company has the

right to assess an employee to determine whether such employee is acceptable for

employment The Company agrees to abide by all relevant legislative requirements,

ARTICLE 10- HOURS OF WORK AND OVERTIME

10.01 Starting Times

First Shift-7:00a.m. to 8:00 a.m. Second Shift- 4:30 p.m. to 6:00 p.m. Third Shift - 12:00 Midnight to 1 :30 a.m.

Hours scheduled before 7:00a.m, or after 5:00 p,m, on the day shift shall be paid for at

the rate of time and one-halt It is understood and agreed that coverage is required from

6:00 a.rn, to 6:00 p,m, and, notwithstanding Article 10.06, employees will be required to

work sufficient hours to cover this period, The Company shall only implement a three (3)

shift operation after consultation with the Union,

10.02 The hours of work shall be nine hours at straight time rates from Monday to Friday,

10.03 The Company does not guarantee to provide work to any employee for regularly assigned

hours or for other hours,

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10.04 Time and one-hah ..• e employee's straight time rate will b<. lid for:

(i) All hours worked by an employee in excess of nine hours. (ii) All hours worked on Saturdays.

10.05 Double the employee's straight time rate shall be paid for all hours worked on Sundays. Double the employee's straight time rate shall be paid for all hours worked in excess of twelve hours in any day.

10.06 Overtime shall be on a voluntary basis and shall be distributed equally among employees performing a similar class of work. Overtime work will not normally be offered to employees without a minimum of 8 hours break between work periods. Further, no employee will be expected to work more than 14 continuous hours.

10.07 Employees, who are called upon to work in excess of their regularly scheduled hours on any day or week, may not be laid off during their regularly scheduled hours to equalize overtime.

10.08 Employees, reporting for work on a regularly scheduled work day, finding no work available, shall be provided with four hours of work or shall be paid for four hours at their regular rate, unless they receive prior notice not to report to work.

10.09 Any employee called back for work after completing his regular day's work shall be paid a minimum of four hours at one and one-half times his regular rate.

10.10 A Meal Allowance of ten ($1 0.00) dollars shall be paid for any shift exceeding twelve (12) hours.

10.11 If the Company goes to shift work, for classifications that will work more than one shift, there will be rotation. There will also be equal hours for shifts.

If an employee requests a steady nightshift, the resulting steady day shift shall go to the senior employee on the opposite shift in that classification. Requests must be submitted to the Union, who in turn will present such requests to the Company.

10.12 The Parties agree that the overtime and "premium time" hours shall be distributed and recorded in the same manner for the life of the Agreement

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ARTICLE 11- PAID HOLIDAYS

11.01

11.02

11.03

11.04

11.05

(a)

(a) (b) (c)

The following listed paid holidays, regardless of when they fall, will be granted to all employees with pay except new employees who have not completed their probationary period.

When one of the listed paid holidays falls on a non-working day:

(1) An unpaid day in recognition of the holiday will be moved to a mutually agreed to day.

(2) Employees who are required to work the "mutually agreed to day" will do so ?I straight time.

(3) Employees working the "mutually agreed to day" would be entitled to take an unpaid day off in lieu at a mutually agreed to time within three (3) months.

New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day

*Note:

Thanksgiving Day Day before Christmas Day Christmas Day Boxing Day Day before New Year's Day Floater*

• The Floater will become Heritage Day if Heritage Day is proclaimed.

• The Floater will be paid to all employees on completion of their probationary period.

• The Floater is to be taken at a time mutually agreed to by the Company and employee without interruption of production.

• The Company maintains the right to limit the number of employees off on one day.

The basis of pay will be nine hours at straight time rate of the employee. The rate of payment for a paid holiday will be the rate for the work being performed by an employee at the time the holiday occurs.

If any of the above mentioned days are worked, the employee shall be paid at double the straight time rate of his classification for such hours worked in addition to the holiday pay.

An employee will forfeit pay for the above holidays if he has been absent without permission on the working day before or the working day following the holiday. However, the employee shall be paid for the paid holiday if he has missed the day previous to the holiday or the working day immediately after the holiday if:

He has suffered an accident. Sickness for which he supplied a Doctor's Certificate. Jury duty or properly granted leave of absence.

For statutory holidays that occur during the Christmas vacation shutdown, the past practice of the Company shall prevail and the employees shall not receive days off in lieu thereof after the vacation shutdown has ended. For employees who take their vacation at any period of the year, and a paid holiday occurs during the vacation, the employee will receive an extra day's holiday with pay at his regular hourly rate.

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11.06 An employee, othe.. ,han a probationary employee, who is ·-·d off, shall receive at the time he is laid off, nine (9) hours pay per day for the first five holidays that occur within the fourteen (14) day period immediately following the date of layoff.

11.07 Wages and Vacation Pay will be directly deposited weekly into one (1) account or two (2) separate accounts at the employee's direction.

ARTICLE 12- VACATION

12.01

12.02

12.03

12.04

12.05

12.06

The Company agrees that every employee in the bargaining unit, after completion of one year's seniority, shall be entitled to and shall be required to take an annual vacation of two weeks' time off work, for which he shall be granted a vacation allowance of four (4) percent of his total earnings for the twelve rnonth period immediately preceding July 1 of each year, or one (1) week's basic hourly earnings for each week of vacation entitlernent, whichever is the greater, provided that a minimum of 1500 hours are worked within each vacation Year (July 1 to June 30).

The Company agrees that every employee in the bargaining unit after completion of five years' seniority shall be entitled to and shall be required to take an annual vacation of three weeks' time off work for which he shall be granted a vacation allowance of six (6) percent of his total earnings for the twelve month period immediately preceding July 1 in each year, or one (1) week's basic hourly earnings for each week of vacation entitlement, whichever is the greater, provided that a minimum of 1500 hours are worked within each vacation Year (July 1 to June 30).

The Company agrees that every employee in the bargaining unit after completion of ten years' seniority shall be entitled to and shall be required to take an annual vacation of four weeks' time off work for which he shall be granted a vacation allowance of eight (8) percent of his total earnings for the twelve month period immediately preceding July 1 in each year, or one (1) week's basic hourly earnings for each week of vacation entitlement, whichever is the greater, provided that a minimum of 1500 hours are worked within each vacation Year (July 1 to June 30).

The Company agrees that every employee in the bargaining unit after completion of seventeen years' seniority shall be entitled to and shall be required to take an annual vacation of five weeks' time off work for which he shall be granted a vacation allowance of ten (1 0) percent of his total earnings for the twelve month period immediately preceding July 1 in each year, or one (1) week's basic hourly earnings for each week of vacation entitlement, whichever is the greater, provided that a minimum of 1500 hours are worked within each vacation Year (July 1 to June 30).

An employee, who attains five (5) years, ten (1 0) years or seventeen (17) years of service on their anniversary date within that calendar year, will receive vacation pay of 6%, 8%, 10% respectfully on July 1, less vacation pay already received for that same period. The payment will be calculated on the twelve months of earnings preceding July 1, provided that the employee meets the annual 1500-hour worked requirement outlined in this article. Employees hired after July 1 within the calendar year will receive a payment as described in this article upon their anniversary date.

When the Quarry operates a four (4) day production week and three (3) day maintenance week, the pension adjustment factor may be used for the weekend maintenance employees to determine whether the 1500-hour requirement outlined in this article has been met.

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ARTICLE 13- SENIORITY

13.01 New employees will serve a probationary period of ninety (90) calendar days before acquiring seniority rights. The Seniority will then date back to the starting day with the Company. Employees with the same seniority date shall be ranked on the seniority list as determined by a draw, supervised by the Company's representative and the Union's representative. A draw will be scheduled each time this issue arises.

13.02 When it is necessary to lay off or re-hire employees who have been laid off, the employees to be laid off or re-hired shall be selected on the basis of seniority, combined with qualifications, skill and ability, which shall be judged by the Company. If an employee to be laid off satisfies the requirements set out herein he shall not be restricted to lateral or downward bumping. In the event of a lay-off due to an emergency situation which may require the by-passing of seniority, the senior Union Steward will be advised of the reason.

13.03

13.04

13.05

(a) (b) (c)

An emergency lay-off, in which employees are laid off without regard to seniority, will not exceed seven (7) calendar days. When canceling or recalling a shift due to an emergency, the Company agrees, if practicable, to give such notice of cancellation or recall to the upcoming shift in the presence of a Union Steward. A copy of the master call sheet will be supplied to the Union, upon request.

The Company shall maintain a seniority list, including a posted classification of the employees on the list. Three copies of the list shall be forwarded to the Recording Secretary of the Union, whose name and address shall be supplied by the Union, on June 1 and December 1 of each year.

An employee shall accumulate seniority under the following conditions:

During a layoff not exceeding twenty-four months. During absence due to illness or accident. During leave of absence granted by the Company.

13.06 An Employee shall lose his seniority if he:

(a) Voluntarily leaves the employ of the Company. (b) Is discharged and not reinstated through the grievance procedure. (c) Is laid off and not recalled within twenty-four months. (d) Fails after a layoff to return to work within seven days after the Company has given such

employee notice of recall.

Notice sent by registered mail to the employee's last recorded address shall be effective and sufficient notice.

13.07 In the event that the Company must layoff employees on an indefinite basis, the last two employees to be laid off in these circumstances, pending their ability to perform the available work, will be the Chief Steward and the Co-Chair of the Joint Health & Safety Committee.

13.08 Should an employee be off work for any reason, prior to their absence, the employee shall fill out a form supplied by the Company, requesting they be considered for any permanent posting that becomes available during their absence. If such employee was the successful applicant, he must be capable of assuming the job and do so within 14 days of the posting of the successful applicant.

Page 11

.13.09

13.10

13.11

The Company may canvass all unaffected employees of a temporary layoff for volunteers to take a temporary layoff so that junior employees can continue to work in their place.

The parties agree that "cross bumping" (bumping between production and trades) would not occur during temporary or short term layoffs. Cross bumping would only be permitted by qualified tradesmen during indefinite layoffs.

Should the Company request a Chief Steward or Health & Safety Representative to be present at the workplace during a layoff period, the Company agrees to pay their wages as per article 6.03.

ARTICLE 14- WAGES

14.01 The Company agrees to pay and the Union agrees to accept for the term of this Agreement the following wage rates:

• Effective January 1, 2004: Increase All Classifications 2.50%

• Effective January 1, 200.5: Increase All Classifications 2.65%

• Effective Januar-Y 1, 2006: Increase All Classifications 2.80%

Group Classification Jan 1, 2004 Jan 1, 2005 Jan 1, 2006

Group 1 Labourer 19.84 20.37 20.94

Group 2 Truck Driver 20.13 20.66 21.24 Parts man Blaster's Helper

Group 3 Backhoe Operator 20.43 20.97 21.56 Road Maintenance Bin Attendant Primary Haul Driver

Group 4 Dozer Operator 20.73 21.27 21.87 Plant Attendant

Group 5 Welder 21.01 21.57 22.17 Plant Operator Lubricator Greaser Loader Operator

Group 6 Lead Hand 21.30 21.86 22.48 Blaster Secondary Plant Operator Drill Operator

Group 7 Mechanic 21.59 22.16 22.78

Group 8 Utility Operator 22.16 22.75 23.38 Licensed Welder

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Group 9

Group 10

Group 11

Production Pit

Licensed Electrician Licensed Mechanic Licensed Millwright

Licensed Lead Hand

22.46

22.74

23.29

23.05 23.70

23.35 24.00

23.91 24.57

If and when the Primary and Secondary are combined, wage rate at group 9 to be paid.

14.02 A Shift Premium will be paid to employees who work an afternoon or a night shift.

14.03

(a)

(b)

(c)

(d)

(e)

14.04

14.05

Effective Jan. 1, 2004 Jan. 1, 2005 Jan. 1, 2006

Shift Premium $0.90 $0.95 $0.95

An employee who, for the convenience of the Company, is temporarily transferred to

another occupational classification in which the rate of pay is different to that in effect in

such employee's re9ular classification shall be paid as follows:

If the rate of pay for the job to which he is temporarily transferred is less than the

employee's regular rate, he shall be paid his regular rate.

If the employee selected for a temporary transfer possesses the required skill and ability

to perform the work and the rate of pay for such work is higher than the regular rate of his

current classification, he shall receive the higher rate, effective upon commencement of

the transfer.

The Parties further agree that temporary transfers under Article 17.04 of the Agreement

will normally be transfers of fourteen (14) calendar days or less. In the event that

employees are ill, on compensation or leave of absence for a period in excess of fourteen

(14) calendar days, the Company and the Union will meet within this time frame in order

to determine if a Temporary Vacancy should be posted.

In the event of an unscheduled shutdown or breakdown and the Company is required to

temporarily transfer employees for the purpose of restoring production, such transfers will

apply only until the end of the shift in which the breakdown occurred. If the above

mentioned shutdown or breakdown exceeds beyond the first shift, employees will be

organized to available jobs with respect to seniority, skill and ability.

In the event of a scheduled shutdown where the Company must temporarily transfer

employees for the purpose of completing the work required by the shutdown, such

transfers will reflect seniority, skill and ability. Such transfers will remain in effect for the

duration of the shutdown.

Retroactivity shall be on wages and improvements to the Union Managed Group RRSP

fund only for employees still in the employ of the Company as of the Date of Ratification.

Technological change is defined as the introduction, or addition of machines, equipment,

instruments, or modifications thereof, that result in the abolition or merger of one or more

job classifications into one.

Page 13

14.06 Senior employees .. , 10 lose their jobs as the result of a tee .Jiogical change as defined

in 14.05, who possess the necessary skill and ability, shall be given the first opportunity to

fill the new job. Senior employees who accept a new position under these circumstances

will be afforded a twenty one (21) working day trial period to prove they possess the

necessary skill and ability to perform the new position.

14.07 The Parties are agreed that students hired for the summer vacation period shall pay dues

following the completion of their probationary period. The Parties further agree that

students who work in classifications listed in the Wage Schedule shall be paid in accordance with that Schedule. Students hired for ground maintenance and other related

duties will be paid $13.50 per hour for the duration of the collective agreement.

14.08 No employee shall be transferred to another occupational classification while the employee's occupational classification is in operation, unless the employee so agrees.

This clause shall not apply if there is no other employee capable of efficiently operating

the other occupation classification.

ARTICLE 15- LEAVE OF ABSENCE

15.01 The Company may grant a leave of absence to employees for legitimate personal reasons. Upon ten (10) days written notice the Company will grant a leave of absence to

elected or appointed delegates and/or executives that are acting on behalf of the Union:

not more than two (2) delegates or Union executives will be absent at any one time.

15.02 The Company agrees to grant ten days unpaid leave to the President of Local266 to

attend other Local 266 negotiations.

15.03 Upon written application, an employee with at least one (1) year seniority may be granted a leave of absence without pay for a period not exceeding sixty (60) days, subject to the

approval of the Quarry Manager and provided that no disruption to operations will ocGur.

Such leave of absence may be extended, upon written request to the Company. The

Company will maintain employee benefits, except weekly indemnity (WI) and long term

disability (L TO), for a period of one (1) month beyond the month in which the leave of

absence is granted.

15.04 Upon request, the Company will notify the Shop Steward of any leave of absence granted, or refused. -In cases of refusal, the reasons will be specified on the Leave of

Absence Application. Any employee on leave of absence who engages in other employment or fails to report for work upon the expiration of their leave shall be deemed

to have voluntarily quit the employ of the Company.

ARTICLE 16 - BULLETIN BOARDS

16.01 The Company will provide Bulletin Boards for the use of the Union and The Joint Health &

Safety Committee for posting notices. All such notices must be signed by the Proper

Officers before posting any notices.

ARTICLE 17- VACANT POSITIONS

17.01 In the event a job becomes vacant within the bargaining unit or a new job is created the

Company will, within three (3) days from the time the vacancy occurs, post the job on the

bulletin board for seven (7) days to give employees an opportunity to apply for the

position and will give a copy of the posting to the Union Steward. The Company may

assign someone to fill the job temporarily. However, the experience gained during the

Page 14

17.02 (a)

(b)

(c)

17.03

17.04

temporary assignn,~,lt shall not be considered in a job pos .. iJ. The name of the successful applicant shall be posted on the bulletin board within two (2} days after the end

of the posting period. The Company agrees to post the names of the unsuccessful applicants. Applicants will be selected on the basis of seniority combined with skill, ability

and qualifications to meet job vacancy requirements as specified in the job posting, and

such judgment shall not be exercised in an arbitrary or discriminatory manner. Where the

senior applicant is not selected the matter may be referred to the Grievance and

Arbitration procedure.

During the next twenty-one (21) working days the employee shall be on trial in his new

classification and the Company shall return him to his former position if he is found unsatisfactory during the trial period.

Applications will not be accepted from probationary employees if there are other qualified

applicants.

Employees that bid successfully on a job posting and decide to return to their former

classification within the fourteen (14) calendar days trial period, shall only be eligible to

apply on subsequent job postings after a period of twelve (12) months. Should an interruption in the fourteen (14) calendar day trial period occur due to business reasons or excused absences, the affected employee will be provided a trial period of eight (8) days

worked, which will include days worked during the fourteen (14) day trial period.

Employees that bid successfully on a job posting and after successfully completing the

twenty one (21) days worked day trial period, shall only be eligible to apply on one subsequent job posting within a period of four (4) months.

If the Company removes an employee from their position during the twenty-one (21) days worked trial period, that employee will not be subject to the provisions of article 17.02 (a)

and they will be permitted to return to their original job classification.

The posting process for the vacant position resulting from the original posting shall not

commence until such position has been accepted.

Upon agreement that a temporary posting is required as per 14.03 (c) the temporary

posting will be posted for a period of seven (7) days. The name of the successful applicant chosen on·the basis of seniority, skill, and ability will be posted on the bulletin

board within two (2) days after the end of the posting period. A trial period of seven (7)

days following the date of successful posting will exist to allow the Company to assess

whether the employee is performing satisfactorily or to allow the employee to return to

their previous classification.

If the successful applicant previously held a classification, his or her position will be

posted as per the above and the chain of postings will continue until the process exhausts itself.

The successful applicant shall have the right to post for vacant positions as per article 17.02

ARTICLE 18- BEREAVEMENT

18.01 An employee, upon the death of a member of his immediate family, shall be given a three

(3) day leave of absence with pay. Immediate family shall include spouse, children, step­

children, father, mother, step-parents, sister, half-sister, brother, half-brother, parent-in-

Page 15

law, grandparents, ster-in-law, brother-in-law or grandchi If the death occurs on the weekend, vacation or leave of absence, the three day paid leave shall be taken immediately upon return to work. For the purpose of this article "pay" shall be calculated as the hours the employee would have normally worked and was absent from as a result of the bereavement leave.

ARTICLE 19- REST PERIODS

19.01 Employees will be granted a ten minute rest period in the first half and in the second half of each shift.

ARTICLE 20- JURY AND WITNESS DUTY

20.01 An employee, who is called for jury duty or subpoenaed as a Crown Witness, shall be excused frorn work for any day on which he reports for such jury duty or as a Crown witness and shall receive for each day on which he otherwise would have worked, the difference between his regular hourly rate and the payment he receives for jury duty or as a Crown witness. An employee, working a fixed shift or a rotating shift, will not be required to report for work on the day or days he is called for jury duty or as a Crown witness. The day or days paid for such jury duty or as a Crown witness shall be counted as nine hours worked for the purpose of computing weekly overtime where applicable.

ARTICLE 21 -BENEFITS PLAN

21.01

(a)

Each employee who has completed ninety (90) calendar days is eligible for the benefit plan described below, except for long-term disability coverage where a minimum of 24 months of seniority is required for eligibility. Those employees who have completed ninety (90) calendar days within St. Lawrence Cement and who have transferred to the bargaining unit, are entitled to benefits immediately, with the exception of long-term disability where a minimum of 24 months of seniority is required for eligibility. The Company agrees to pay 100% of the premiums necessary to provide the following benefits effective January 1, 2001:

Group Life Insurance and Accidental Death and Dismemberment at the following amounts:

Life Insurance January 1, 2004 January 1, 2005 January 1, 2006

AD&D January 1, 2004 January 1, 2005 January 1, 2006

$44,000 $45,000 $46,000

$44,000 $45,000 $46,000

(b) Weekly Indemnity will be paid at twenty four (24) times the employees straight time hourly rate commencing on the first day of accident, first day of illness if hospitalized, and fourth day of illness for a maximum of forty (40) weeks (all rebates accrue to the Company to provide benefits) (not less than $340.00 per week).

For weekly indemnity, the Company will indicate to the insurance carrier, after the proper waiting periods, the actual pay per shift for each claimant, at their classification's rate of · pay. Therefore, the basis for the insurance carriers payout will be on actual monies lost as a result of the illness or accident.

Page 16

(c) Long-term Disability insurance to provide $1,650 maximum per month integrated with

C.P.P. to a maximum of nine (9) years or age 65 whichever comes first.

(d) A Major Medical plan to include:

• Prescribed drugs

• Ambulance service, hospital room supplement (difference between the semi-private

room and public ward allowance)

(e) A Dental Plan to provide:

• Benefits equivalent to Blue Cross Dental Plan #7 with Rider one.

• Payments are made in accordance with the following schedule:

Year 2004 2005 2006

ODA 2003 2004 2005

(f) A Vision care program for the family providing a maximum of $160 coverage per eligible

family member in any two consecutive calendar years. [Not subject to (g)].

(g) Reimbursement of expenses under the Major Medical and Dental Plans will be at 80% of

insured charges, subject to a maximum pay-out by the employee as follows:

2004 - $750 per annum 2005 - $750 per annum 2006 - $750 per annum

(h) During a layoff for a period of one month beyond the month in which the layoff occurs, the

Company will continue to pay, for all employees, 100% of the premiums for coverage of

the above Benefit Plan, excluding Weekly Indemnity and Long Term Disability. •

For employees on Weekly Indemnity or Long-Term Disability, the Company will continue

to pay 100% of premiums for coverage of the above Benefit Plan for the duration of the WI or LTD payments.

For employees on WSIB, the Company will continue to pay 100% of premiums for coverage of the above Benefit Plan for the duration of the WSIB payments or 12 months,

if shorter. Since, WSIB benefits are based on a percentage of earnings to a maximum

payout, the Company will submit the normal shift worked and the specific monies earned

by that shift so that WSIB will be able to reimburse the claimant on the specific lost shifts.

For all other absences and after the periods specified above, coverage under the Benefit

Plan is not available, unless specified elsewhere in the collective agreement.

21.02 During a maternity/parental leave taken by the mother all benefits coverage continues to

be paid by the Company for the period required under the Ontario Employment Standards

Act (i.e. for parents to whom children first came into their care on or after Dec 31, 2000,

52 weeks).

Page 17

During a parentallbuve taken by the father all benefits cov, "ge continues to be paid by the Company for the period required under the Ontario Employment Standards Act (i.e. for parents to whom children first came into their care on or after Dec 31, 2000, 37 weeks). ·

21.03 The Company will allow laid off employees to purchase, at their own expense, up to two (2) months benefits (excluding Weekly Indemnity and Long Term Disability) beyond cessation of paid benefits.

ARTICLE 22 - GENERAL

22.01 The Company agrees to pay $5.00 per week towards the cost of coverall rentals for the mechanics, the drill operator, utility operator and welders.

The Company agrees to provide a pool of 25 coveralls to be distributed to employees who would normally not receive coveralls during the normal course of their daily duties, but because of a short term assignment to maintenance that may require this service. The issuing and collecting of coveralls will be controlled through the shop. To ensure the return of coveralls, such coveralls will have identifiers.

The Company will cOntribute $300.00 per year as a Tool Allowance toward the purchase and or insurance of tools for all of the tradesmen employed as Mechanics, Millwrights and Electricians.

22.02 Contracting Out:

The Company agrees that if equipment is available it will not subcontract out work which employees in the bargaining unit normally perform if such subcontracting would result in the layoff of any employees.

Independent contractors who perform bargaining unit work for three (3) or more days in any given month shall pay union dues for that month to the union. This clause will exclude Capital projects.

Upon request by the Shop Steward, and not more than once per month, the Company will provide the Shop Steward with the names of Contractors on the Quarry property along with the number of people employed and the amount of Union dues paid.

22.03 The Company agrees to pay for the printing and distribution of the collective agreement.

ARTICLE 23 - FOREMEN WORKING

23.01 Foremen engaged solely in a supervisory capacity shall not perform bargaining unit work except in instances of instruction, training, experimentation or in the case of emergency. If a violation is established by a policy grievance, an equivalent to four (4) hours shall be paid at applicable wage rate to a local charitable organization.

ARTICLE 24 - PENSION

24.01 Employees participating in the Company Pension Plan are eligible to receive benefits, subject to the terms and provisions of the Plan, amended as follows: ·

• Effective January 1, 2004 earnings used for pension benefit calculation will be 2001.

Page 18

24.02

(a)

• Effective January 1, 2005 earnings used for pension ber.efit calculation will be 2002.

• Effective January 1, 2006 earnings used for pension benefit calculation will be 2003.

Earnings for the purpose of article 24.01 are as described and calculated by the adjustment factor in letter of intent #1 when a Monday to Thursday production shift is in effect.

Effective December 31, 1997, a member eligible for early retirement who retires from active service shall receive an annual pension without reduction if the member's age not being less than 60, and continuous service total 90 or more ("rule of 90").

All amendments are subject to approval by the Board of Directors.

Employees of the Quarry as of March 29, 1995:

Under fifty (50) years of age will make a one time choice prior to June 1, 1995 of the two (2) following options:

(1) Move to the new RRSP-DPSP effective June 1, 1995

or

(2) Remain in the existing defined benefit pension plan .

. (b) Over fifty (50) years of age shall rernain a member of the existing defined benefit pension plan.

(c) · As of March 29, 1995, no new members shall be added to the defined benefit pension plan.

(d) The New SLC Group RRSP-DPSP will be effective May 8, 1998.

A. DEFINITIONS

B.

C.

1.0

"RPP Participants': shall mean all other employees, who after June 1, 1995, were either required to remain as members of The Retirement Plan for Hourly-Paid Employees of the Dufferin Divisions of. St. Lawrence Cement or who otherwise elected prior to June 1, 1995 to remain as members of The Retirement Plan for Hourly-Paid Employees of the Dufferin Divisions of St. Lawrence Cement.

"RRSPIDPSP Participants": Shall mean all other employees who are not RPP Participants, except for those newly-hired employees who have not yet satisfied the eligibility criteria to participate in the SLC Group RRSP.

DEFINED BENEFIT PENSION PLAN Employees participating in The Retirement Plan for Hourly-Paid Employees of the Dufferin Divisions of St. Lawrence Cement are eligible to receive benefits, subject to the terms and conditions of the Defined Benefit Pension Plan.

SLC GROUP RRSP

PLAN MEMBERSHIP

Page 19

. '

Participation in the ~'-C group RRSP is compulsory for all , N employees once they complete their probationary period.

2.0 BASIC EMPLOYEE ·AND COMPANY CONTRIBUTIONS Company and employee contributions will be equal to 3% of base pay for all hours worked at straight time up to a maximum of 45 hours per week, unless otherwise adjusted by a pension factor.

3.0 VOLUNTARY EMPLOYEE CONTRIBUTIONS In addition to basic contributions, employees will be allowed on a voluntary basis to further contribute to their RRSP up to the maximum permitted by Revenue Canada, without additional contributions by the Company. Employees are responsible for enforcing their maximum.

4.0 CHOICE OF FUND Company and employee contributions will be made to the SLC Group RRSP. The Company will select the manager(s) of the fund as well as which funds are available as investment choices. The Company pledges to make payroll deductions and to transfer contributions to the selected financial institution on a weekly basis.

5.0 CHANGES OF INVESTMENT Employees will be allowed to modify their investment choices a minimum of two (2) times per year. Subsequent changes to an employees investment choices can occur as often as administratively available with the record keeper.

6.0 CONTRIBUTIONS WITHDRAWALS Basic employee contributions may be withdrawn once a year, to a maximum of 100% of the account, with no penalty in Company contributions. Withdrawals of voluntary employee contributions will also be allowed once a year, with no penalty in Company contributions. Finally, employees will not be allowed to withdraw Company contributions during their employment.

7.0 ADMINISTRATION AND FEES The Company is responsible for the administration of the SLC Group RRSP; administration and custody fees will be paid by the Company and investment fees will be paid directly through the employee's basic contribution account. Each employee will receive a statement of participation to the SLC Group RRSP on a quarterly basis. Note: Administration and custody fees are taxable benefits for employees.

8.0 UNPAID ABSENCES FROM WORK During unpaid absences from work (weekly indemnity, long term disability, WSIB, maternity leave, parental leave, leave of absence, temporary layoff), Company and employee contributions cease until the return to work. For absences where the employee is on WSIB, the employee can maintain his participation in the plan for 12 months, providing he continues to make the basic employee contributions. For absences where the employee is on maternity and parental leave (Mother), the employee can maintain her participation in the plan for 35 weeks, providing she continues to make the basic employee contributions. For absences where the employee is on parental leave (father), the employee can maintain his participation in the plan for 18 weeks, providing he continues to make the basic employee contributions.

9.0 TERMINATION, RETIREMENT, & DEATH IN ACTIVE SERVICE In the event of termination of employment, employees will transfer or withdraw all contributions, provided continuous membership in the plan for at least two years. For

Page 20

D.

9.1

9.2

1.0

2.0

employees with less than two years continuous membership .n the plan, only basic and voluntary employee contributions will be withdrawn or transferred.

In the event of retirement, employees will transfer or withdraw all contributions.

Finally, in the event of death in active service, beneficiaries will transfer or withdraw all contributions.

UNION MANAGED GROUP RRSP AND REGULAR SAVINGS PLAN For the period commencing January 1, 1998 and thereafter for the duration of this agreement, the Company shall contribute to a group RRSP ("UNION MANAGED GROUP RRSP") amounts as per schedule X for all hours worked in respect of all RPP participants and RRSP/DPSP Participants. In order to abide by the rules set out by Revenue Canada for retirement savings, if at any point during this agreement, the combination of pension/savings plan causes an employee's Pension Adjustment (as defined by Revenue Canada) to exceed the regulated maximum, the Company contribution will be directed to a Regular Savings Plan, to be set up and operated in the same manner as the Union Managed Group RRSP. Also, when the Company contribution is directed towards the Regular Savings Plan, contributions will be made after income tax and all other applicable deductions have been taken.

CHOICE OF RRSP FUNDS Company contributions will be made to the Union Managed Group RRSP and Regular Savings Plan, where applicable, that the Union will set up itself. The Company pledges to make payroll deductions and to transfer additional Company contributions on a monthly basis to one financial institution.

ADMINISTRATION AND FEES Employees are responsible for all fees related to the Union Managed Group RRSP and Regular Savings Plan, as well as administration, issuance of statements and other issues related to the Union Managed Group RRSP and Regular Savings Plan.

3.0 UNPAID ABSENCES FROM WORK During unpaid absences from work (weekly indemnity, long term disability, WSIB, maternity leave, parental leave, leave of absence, temporary layoff), Company and employee contributions cease until the employee returns to work.

SCHEDULE "X" RE: UNION MANAGED GROUP RRSP The Company will contribute 6.5% of total earnings. Total earnings will include regular pay, overtime pay, holiday pay and vacation pay.

ARTICLE 25- DURATION OF AGREEMENT

25.01 Unless changed by mutual consent, the terms of this Agreement shall continue in effect until the 31st day of December, 2006, and shall continue automatically thereafter for annual periods, unless either party notifies the other in writing within ninety days prior to the expiry date of the Agreement that it is desired to amend or terminate this Agreement.

25.02 Negotiations shall begin within fifteen days following notification of amendment.

25.03 If, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this Agreement, or the making of a new Agreement, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties, or

Page 21

until conciliation proceedings prescribed by the Ontario La be._,,. Relations Act have been

completed, whichever date should first occur.

ARTICLE 26 • APPRENTICESHIP "PROGRAM

26.01 For Motor Mechanics, Electricians & Millwrights.

Requirements:

Electrician- Minimum of grade 12- proof to be supplied, as well as English, Mathematics

and Science are required subjects.

Mechanic and Millwright- Minimum of grade 10- proof to be supplied, as well as English,

Mathematics and Science are required subjects.

If the Company determines that it requires an Apprentice, it shall post in accordance with

article 17.

Apprenticeship applicants will be required to pass a pre-apprenticeship exam.

Qualifications for candidacy would be a passing grade of 75%.

• Minimum of grade 10- proof to be supplied, as well as English, Mathematics and

Science are required subjects.

• Three periods of Ministry of Skills and Development Trade Courses as follow:

First Period Second Period Third Period

Mechanic 12 weeks 7 weeks 7 weeks

Electrician 8weeks 7 weeks ?weeks

Millwright 8 weeks 8 weeks 8 weeks

* Note - Millwright trade courses may be one day per week for 30 weeks for 3 years or as

directed by the Company and the Ministry.

• Ministry of Skills and Development registration fee must be paid by the applicant

(Apprentice).

• Weekly pay, while at school will be paid by the Company.

• Week will be deducted off the Company's contribution but will be returned upon

successful completion of the course.

• The Apprentice is required to provide proof of attendance at school to the Company.

Absenteeism from the course will require the same proof as the Company

absenteeism policy, i.e., Doctor's note.

• Apprentices will be able to utilize the S.L.C. Tuition refund policy for required courses.

• In the event that a journeyman position is not available upon completion of the

Apprenticeship program, the Apprentice will return to his former classification.

Rates of Pay and Required Hours of Program:

An apprentice will be paid at no less than the Labourers' rate. The apprentice wage would

then increase on a sliding scale until fully licensed status is achieved. There is to be 5

equal % incremental increases (4 for Millwrights) based on the plateau of work achieved.

Page 22

Of Trade Rate Mechanic ElectriCJaJl MillwriQht 55% 0 -1800 0- 1800 65% 1800-3600 1800- 3600 0-2000 75% 3600-5400 3600-5400 2000-4000 85% 5400-7200 5400- 7200 4000-6000 95% 7200-9000 7200- 9000 6000-8000 Total Hours 9000 9000 8000

• Hours are calculated on regular working hours and hours attended at school only (no overtime included).

• Hours missed by Apprentices during school term will be deducted from their pay.

• Each Apprentices' performance will be reviewed at the end of each trade year by the Quarry Manager, his Supervisor, as well as the Union Steward.

• The assessment of each Apprentice will be taken from school reports along with his work record within the Quarry.

• If assessment is positive, the Apprentice will continue on to the next trade year. If assessment is negative, the Apprenticeship will be discontinued.

• Termination of the Apprenticeship may be made at any time by the Company, Ministry or the Apprentice.

Journeyman Status: Journeyman Status is obtained only when the following requirements have been totally met:

• Successful completion of Ministry approved training.

• Successful completion of the required hours.

• A positive assessment throughout the program.

• Change of pay rate from Apprentice to Journeyman will be paid upon proof of satisfactory completion of the Trade Certificate examination.

• On completion of Apprentice and school hours, the Apprentice must take his certificate of qualification examination within three (3) months. Failure to take this examination will result in termination of the Apprenticeship.

• If the Apprentice fails his first trade examination, he will be allowed to rewrite the examination within ninety (90) days following the first examination.

• If the Apprentice fails the second (2) examination, the Apprenticeship will be terminated.

Relocation and/or Termination: If the Apprentice is unsuccessful in the program and was transferred from the existing bargaining unit classifications, he/she will be re-assigned a Labourers position at Labourers rate until such time that he/she successfully posts to a new position.

If the Apprentice is unsuccessful in the program and was hired from outside the Company, he/she will be laid off if no other suitable work is available.

The Company will have the right to transfer or terminate employment of any Apprentice for such causes as:

• inability to learn

Page 23

• improper conduct

• unreliability

• violation of any other Company policies

ARTICLE 27 - HEALTH & SAFETY

27.01 The Company agrees to comply with The Occupational Health and Safety Act and

Regulations for Mines and Mining Plants. Safety is a responsibility that must be shared by

all employees however, the primary responsibility for safety rests with the Company.

27.02 The Company and the Union agree that they shall maintain a Joint Health and Safety

Committee composed of up to four employees representing the Union and two employees

representing the Company. This committee will be bound to investigate all incidents and

accidents for the purposes of identifying causes which will result in suggestions and

recommendations to the Company. The Joint Health & Safety Committee will, over the

course of the current collective agreement, provide recommendations to the Company to

update the employee Health & Safety Guidebook.

27.03 On an annual basis ihe Company will pay to seniority employees a lump sum Health and

Safety payment as detailed below. The intent of the lump sum payment will be to enable

employees to purchase appropriate safety footwear in addition to winter apparel.

• October 31, 2004: $180.00

• October 31,2005:$180.00

• October 31, 2006: $180.00

27.04 The Company shall ensure that properly fitted protective equipment, provided at no cost,

is well maintained and used as prescribed.

ARTICLE 28 ·TRAINING

28.01 The Company agrees to allot a maximum of twenty (20) man days per year at nine (9)

hours per day for training. The Union agrees to provide four (4) weeks notice prior to the

scheduled training in addition to reviewing the course content with the Quarry Manager or

his designate. The Quarry Manager or his designate must approve of the training being

contemplated by the Union. Employees are considered to be at work while attending the

training session.

Page 24

IN WITNESS WHEREOF each of the parties hereto have caused this Agr .. c>ment to be signed by its

. duly authorized representatives as of the day and year first above written.

RicK'ardEfdfTlaf1ll

~

The Communications, Energy and · Paperworkers Union of Canada CLC

John Kaspar

~amie Davison -

Page 25

LETTER OF INTENT #1

The Company agrees to honor all rights and privileges of the existing agreement for the new employees who are hired to fill the maintenance shift.

Hours of Work: Article 10 & 11

The scheduled hours of work for the two production shifts will be from Monday through to Thursday inclusive, for an eleven hour shift respectively. The Maintenance shift will be a single day shift of ten hours from Friday through to Sunday, inclusive.

The hours of work for Yard Loaders shall continue to be nine hours at straight time rates from Monday to

Friday.

Any other hours of work will be at the existing contracts rates of pay.

All non-worked statutory holidays will continue to be paid as a nine (9) hour work day

Pension Plan: Article 24 An adjustment factor to enable employees to maximize their contributions to their respective pension plans (RRSP/DPSP/Company Pension Plan) to a 45 hour maximum, will be implemented by the Company as follows:

Production Shifts:

• Adjustment factor= All hours (Regular and Overtime) worked up to a daily maximum of 9 and a weekly maximum of 36 to be multiplied by a factor of 1.25

Maintenance Shift/Weekend Shift:

• Adjustment Factor = All hours (Regular and Overtime) worked up to a daily maximum of 10 and a weekly maximum of 30 to be multiplied by a factor of i .50

Five (5) Day Workweek:

• Adjustment Factor= All hours (Regular and Overtime) worked up to a daily maximum of 9 and a weekly maximum of 45 (no factor applied).

Health and Safety: Article 27 In the event that a worker feels that his or a fellow worker's safety is at risk due to fatigue, the worker will

notify the immediate supervisor and the supervisor will then make arrangements for and exchange of duties between the fatigued worker and a replacement worker forthwith.

Termination of Shift Schedule and This Letter of Intent This can be achieved any time that is mutually acceptable to both parties (the Company and the Union), or either party can serve the other with a written 180 day notice after the 15th of July, 1996.

To be attached to the current collective agreement in effect until the 31st day of December 2006

Page 26

LETTER OF INTENT #2

Workplace Safety Insurance Act arid Joint Labour Management Committee.

The Company agrees, where practicable, to provide assistance to employees when they are required to

complete forms to be presented to the WSIB.

WSIB Advance:

A) For an employee who is absent from work for more than one week following an accident which

gives him the right to receive WSIB indemnities (the accident/event must not be contested), the

Company will pay an advance equal to sixty-five percent (65%) of the daily regular base pay for

each working day that the employee was scheduled to work until the first WSIB payment. In

case of refusal of the claim by the WSIB, payments will stop at that time.

B) In return, the employee and the Company will sign an agreement to ensure that the employee will

reimburse the advance payment to the Company.

The Company and the Union agree to form a joint committee to be comprised of two Union

representatives and two Coinpany representatives. This cornmittee will meet, as required, to

discuss concerns regarding return to work assignments for injured workers and other related

WSIB concerns. The parties have agreed to maintain a cooperative approach in an effort to

ensure that employees are returned to work in a safe and timely manner.

Moreover the parties also agree to discuss disputed Benefit claims, Outside Contracting issues in

addition to other relevant concerns raised by the parties.

To be attached to the current collective agreement in effect until the 31 51 day of December 2006

Page 27

LETTER OF INTENT #3

Overtime Guidelines

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

The Company agrees to post an overtime list(s) in which employees will be given the

opportunity to sign up for overtime opportunities that might arise in the following week.

An employee who is willing and able and signed up on the overtime list, will be asked first

for overtime in his classification. If two employees are signed up for overtime in the same

classification, the employee with the least amount of "in class" overtime will be given the

overtime. An employee must sign up for in class overtime to be eligible for out of class

overtime and if overtime is available in their classification, they will be required to work in

class first. Should an employee decline an overtime opportunity that he/she has signed up

for, he/she will be removed from all further overtime consideration for the remainder of

that week.

If a position cannot be filled by any person "in class" on the overtime list, then a qualified

employee with the least amount of "out of class" overtime, who is willing and able, is

assigned the overtime opportunity. In the event that two or more qualified employees

have the same amount of "out of class" overtime, the senior employee, willing and able,

will be given the overtime opportunity.

The Company agrees to provide a copy of the overtime sheet(s), referred to in (1) above,

upon request, to the Union Steward.

The Company Agrees to post the overtime hours on a weekly basis so that employees

can verify that the overtime hours on the sheets are correct. This list will be used

exclusively for the purposes of calculating and determining the following weeks overtime ·

opportunities (i.e. accrual of any overtime throughout the course of the week will not be

used for the purpose of determining overtime opportunities in that same week).

Overtime for the purposes in #5 will be any hours worked beyond the regularly s_cheduled

hours as well as overtime hours declined by the employee when signed up and asked to

work.

It is the employee's responsibility to review the overtime sheets referred to in #5 above on

a weekly basis to ensure that the reports are accurate. Any errors detected on the

overtime sheets by the employee must be reported immediately.

Where practicable, the Company will review weekend overtime assignments, including

outside contractors, prior to the weekend, with the Union in an effort to reduce the

number of overtime related grievances.

The Company will endeavour to utilize employees to perform overtime work within their

classification prior to utilizing outside contractors.

Notwithstanding the above guidelines, there may be occasions where the Company will

need to canvass employees who have not signed up for overtime.

When an employee is contacted and a message is left on an answering machine or with.a

person on behalf of the employee (family or friend) or when no answer is received, the

employee will be considered to have declined the overtime opportunity offered, but they

will not be removed from further overtime consideration as per step two (2) of this

procedure.

Page 28

·.

~2.

13.

"Willing and able" as it appears in the overtime procedure shall mean an employee who is qualified to perform \he work and who has signed up on the overtime list and who has not been removed from overtime consideration pursuant to step two (2) of this procedure.

"Week" or "Workweek" as it appears in this overtime procedure shall mean Friday to Thursday inclusive.

To be attached to the current collective agreement in effect until the 31 51 day of December 2006

Page 29

:..ETTER OF INTENT #4

Severance and Termination Package

During 2003 negotiations the Union expressed a concern regarding the potential closure of the Quarry due to the eventual depletion of resources. The Company indicated that it would discuss this issue during the next round of negotiations. In return, the Union agreed to discuss operational difficulties that would be faced in the event of a closure.

In addition, the Company agrees that in the event of the second shift being indefinitely laid-off, as defined in the Employment Standards Act, it would waive the five (5) year minimum requirement necessary to qualify for severance pay. For example, an employee with three years continuous service would receive three weeks notice (or pay in lieu of notice) and three weeks severance pay as prescribed in the act.

In the event that the Quarry is closed for the reasons stated in paragraph one above, employees currently participating in the Defined Benefit Plan, actively employed by the Company at the time of the closure, shall receive an annual pension without reduction, if the member's age is not less than 58 years, and continuous service plus age totals 88 points or more.

In the event Dufferin Aggregates, Milton Quarry, is permanently closed, the Company will give first consideration to affected employees who are qualified to fill new positions within Dufferin Aggregates' operations.

To be attached to the current collective agreement in effect until the 31 51 day of December 2006

Page 30

INDEX

A

AD&D 16 Apprenticeship Program 22 Arbitration Procedure 6

B

Basis of pay 9 Benefit Coverage During Lay Off 18

Benefit Plan Absences Not Covered 17

Benefits During Layoff 17

Benefits During Maternity/Parental Leave 1 7

Benefits Durillg WSIB Claim 17 Benefits Plan 16 Bereavement 15 Bulletin Boards /4

c

Call in pay 8 Company Pension Plan /8 C ontracling Out 18 Coverall Rentals 18 Cross Bumping 12

D

Dental Plan Coverage I 7 Discharge 7 Duration of Agreement 21

E

Eleven Hour Shift 26 Emergency Lay-Off 11 Employee Safety and Fatigue 26 Esquesing Township 3

F

Foremen Working 18

G

Grievance Committee 4 Grievance Procedure 5

H

Health and Safety Allowance 24

Hours of Work and Overtime 7

I

Intent and Purpose 3

J

Joint Health and Safety Committee 24

Jury and Witness Duty 16

L

Layoff or Re-hire of Employees 11 -Leave of Absence 14 legal picket line 4 Life Insurance 16 Long-term Disability Insurance 1 7

M

Major Medical Coverage 17 Management Rights 3 Meal Allowance 8 Membership in the Union 4

N

No Strike No Lockout 4 Notice of Termination of Shift Schedule 26

0

Overtime Guidelines 28

p

Paid Holidays 9

Pay when no work available 8 Pension Adjustment factor 26 Probationary Period 7, 1 I

R

Records of Discipline 7 Reimbursement of Expenses 1 7 Requests for steady night shift 8 Rest Periods 16

s

Safety equipment, provided 24

Scheduled shutdown 13

Scope of Coverage 3 Seniority 11

Seniority List 1 I

Page 31

3el1ior'ity Ranking and Hire Date 11

:;evera/Jce and Termination Package 30

·Shift Premium 13

SLC Group RRSP 19 Starling Times 7 Steward During Night Sh(fi 4 Student Wages 14

T

Technological Change 13

Temporary Posting Procedure 15

Temporal)/ Transfer 13 Tool Allowance 18 Training Days 24

u

Union Committees 4

Union Dues 4 Union Initiation.Pee 4 Union Managed Group RRSP 21 Union Negotiating Committee 5 Union Representative Visiting Quarry 5

Union Security 3

v

Vacant Positions 14 Vacation Entitlement 10 Vision Care Coverage 17

w

Wages and Classifications /2

Weekly Indemnity 16

Page 32