Collective Agreement

BETWEEN:

BROWN'S CONCRETE PRODUCTS LIMITED Hereinafter referred to as "the Employer"

Party of the First Part

- and -

TEAMSTERS LOCAL UNION 230

Affiliated with the International Brotherhood of Teamsters

Hereinafter referred to as "the Union" Party of the Second Part

December 1, 2020 to November 30, 2025

\

This Agreement entered into this pt day of December, 2020

Between:

Brown's Concrete Products Limited

(Hereinafter referred to as the "Employer") Party of the First Part

and -

Teamsters Local Union No. 230, Affiliated with the international Brotherhood of Teamsters

ARTICLE 1 - INTENT AND PURPOSE

(Hereinafter referred to as the "Union") Party of the Second Part

1.01 The Employer and the Union each represents that the purpose and intent of this Agreement is to promote co-operation and harmony, to recognize mutual interests, 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.

ARTICLE 2 - COVERAGE

2.01 The Employer recognizes the Union as the exclusive bargaining agency for all employees of the Employer, save and except foremen, persons above the rank of foremen, office and sales staff, students employed during the school vacation period, and employees regularly employed for not more than twenty-four (24) hours per week.

2.02 Wherever the word "employee" appears in the Agreement, it shall be deemed to mean employee as defined in Article 2.01.

2.03 Whenever the masculine pronoun is used in this Agreement, it includes the feminine pronoun and vice-versa where the context so requires. Where the singular is used, it may also be deemed to mean the plural and vice-versa.

ARTICLE 3 - UNION SECURITY

3.01 The Employer agrees to deduct monthly from all employees an amount equal to the current Union Dues from the first pay cheque due to each employee covered by this Agreement.

3.02 All employees shall as a condition of employment, become members of the Union as soon as their probationary period is completed and maintain such membership in good standing for the duration of this agreement. The Employer further agrees, on receipt of the proper authorization from the Union to deduct the Union Initiation Fee in two (2) installments after the completion of the probationary period. The Company agrees to remit such monies to the head office of the Union along with the list of the employees from whom the money was deducted, at the same time as the Union dues are remitted by tenth (10th) day of the following month.

3.03 The Employer shall show the yearly Union monthly dues deduction on the employee's T4 slips.

ARTICLE 4 - MANAGEMENT RIGHTS

4.01 The Union acknowledges that it is the exclusive right and power of the Employer:

(a) to discharge employees for just cause subject to the use of the grievance procedure, to direct the working forces, to hire and discipline employees for just cause.

(b) generally to manage and operate the Company in all respects in accordance with its obligations, and without restricting the generality of the foregoing, to determine the kinds and locations of machines, equipment to be used and allocation and number of employees required from time to time, the standards of performance for all employees and all other matters concerning the Company's operations not otherwise specifically dealt with elsewhere in this Agreement.

(c) to maintain order, discipline and efficiency, and to make and alter from time to time, rules and regulations to be observed not inconsistent with the provisions of this Agreement.

ARTICLE 5 - SHOP STEWARDS

5.01 The Union shall have the right to appoint or elect a Shop Steward, and shall keep the Employer supplied with a list of the Stewards and Officers of the Union and any changes that may occur.

5.02 The Steward will have top seniority in his classification for the purpose of lay off, rehire or temporary work within his classification .

ARTICLE 6 - DISPUTE PROCEDURE

6.01 Any differences, disputes or complaints arising over the interpretation or application of this Agreement shall be submitted in writing in triplicate on forms supplied by the Union and signed by the employee. There shall be an earnest effort on the part of both parties to settle such grievances promptly through the following steps:

STEP 1 By a conference between the aggrieved employee and his immediate superior. The employee may be accompanied by his Steward. The foreman shall give his decision within two (2) full working days. Failing settlement, then :

STEP 2 Within five (5) full working days following the decision in Step 1, an official or officials of the Union shall meet with representatives of the Employer, at which time the written record of the grievance shall be presented. The decision shall be given in writing within five (5) full working days following this meeting.

6.02 Failing settlement under Step 2 of any difference between the parties arising from the interpretation, administration or alleged violation of this Agreement, including any questions as to whether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if no written request for arbitration is received within ten (10) full working days after the decision in Step 2 is given, it shall be deemed to have been abandoned.

6.03 No complaint or grievance may be submitted or considered under the grievance procedure unless it has been presented within five (5) working days from the time of its occurrence.

6.04 Any complaint or grievance concerning or affecting a group.of employees shall be originated in Step 2.

6.05 Any complaint or grievance arising directly between the Employer and the Union shall be originated in Step 2.

6.06 A claim by an employee that he has been unjustly discharged or laid off shall be treated as a grievance and may be taken up under Step 2 of the grievance procedure provided a written statement of such grievance is lodged with the Employer within five (5) working days after the discharge or lay-off is affected. Such special grievance may be settled under the grievance procedure by:

a) Confirming the Employer's action in dismissing or laying off of the employee; b) Reinstating the employee with full, partial or no compensation for time lost; or c) By any other arrangement which may be deemed just and equitable.

ARTICLE 7 - ARBITRATION

7.01 When either party requests that a dispute be submitted to arbitration as hereinbefore provided, it shall notify the other in writing, and at the same time, nominate an arbitrator. Within ten (10) full working days thereafter, the other party shall nominate an arbitrator.

The two arbitrators so nominated shall attempt to select by agreement, a Chairman of the Arbitration Board . If they are unable to agree upon a Chairman with a period of five (5) full days following the date of their appointment, they will then request the Minister of Labor for the Province of Ontario to appoint a Chairman.

7.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

7.03 No matter may be submitted to arbitration which has not been properly carried through the proper steps of the grievance.

7.04 The Arbitration board shall not be authorized to make any decision inconsistent with the provisions of the Agreement, nor to alter, modify or amend any part of the Agreement.

7.05 The proceedings of the Arbitration shall be expedited by the parties hereto and the decision of a majority of such Board shall be final and binding upon all parties concerned.

7.06 Each of the parties hereto will bear the expense of the arbitrator appointed by it, and the parties will jointly bear the expense of the chairman of the Arbitration Board.

7.07 Upon the agreement of the parties, a single Arbitrator may be substituted for the Arbitration Board as set out in Article 7.01.

ARTICLE 8 - NO STRIKE OR LOCKOUT

8.01 During the term of this Agreement, the Union agrees that there will be no strike and the Employer agrees that there will be no lockout. The words "strike" and "lockout" as defined in this Agreement shall mean "strike" and "lockout" as defined in the Ontario Labour Relations Act.

ARTICLE 9 - HOURS OF WORK AND OVERTIME

9.01 PLANT EMPLOYEES

The standard work week shall consist of four (4) days of nine (9) hours per day, Monday to Thursday and eight (8) hours per day on Fridays. Starting time for the day shift will be between the hours of 5:00 a.m. to 8:00 a.m. It is understood that the employees shall take one-half (1/2) hour for lunch without pay during the working period between 11:30 a.m. to 1:00 p.m. Lunches in plant will be taken on a seniority basis, i.e. man who starts at 5:00 a.m. takes his lunch before a man who starts at 6:00 a.m. Rest periods will be fifteen (15) minutes in the forenoon and afternoon .

9.02 Truck drivers will be paid at the rate of time and one-half (1 Yi) in excess of forty-four (44) hours per week.

9.03 Double time shall be paid for any hours worked on a Sunday.

9.04 Employees who are scheduled to work an afternoon shift commencing from 12:00 noon or after, shall be paid a shift premium of forty cents ($.40) for each hour worked from 12:00 noon to end of shift.

9.05 An employee who is requested to report and starts work before 5:00 a.m. will be paid a premium of forty cents ($0.40) per hour worked for the whole shift.

ARTICLE 10 - WORKING CONDITIONS

10.01 Employees shall report immediately to the Employer any and all loss, damage or shortage of merchandise or equipment, together with a statement of the cause thereof.

10.02 Employees shall report immediately, in complete detail, all close calls and all accidents, including the names and addresses of all witnesses to the close call or accident.

10.03 Employees shall report immediately to the Employer, any and all defects in equipment, and shall complete a written report at the end of each shift .

10.04 No employee shall be compelled to take out equipment which, in the opinion of the Employer's master mechanic or the deputy named by the Company, is not in good mechanical condition.

10.05 No employee shall be permitted to allow anyone other than the employees of the Employer who are on duty to ride in/on his truck.

10.06 Upon request made to the Employer or his designated representative, an accredited Union Official will be granted access to the Employer's premises for the purpose of satisfying himself that the terms of this Agreement are being complied with.

10.07 The Employer will provide a bulletin board in a mutually satisfactory location. All notices to be posted on this bulletin board shall be submitted to the Company by the Union before posting.

10.08 Drivers shall be required to maintain their trucks and do minor greasing provided they receive their regular pay for doing so.

10.09 The Employer agrees to provide a heated lunch room for the use of the employees. The Employer is to provide the necessary equipment to clean the lunch room and washroom and to also assign a man to clean the same.

10.10 The Employer shall provide gloves to the employees at no cost to the employees on the following basis:

a) The initial pair of gloves;

b) Replacement gloves, provided the employee turns into the Employer, the worn out gloves;

c) Employees shall pay for the cost of the replacement gloves when the worn out gloves are not returned to the Employer;

Gloves are available prior to the commencement of the employee's shift or during regular office hours.

10.11 Employees agree that they will adhere to the Employer's Health and Safety rules, and the employees further agree to work within the guidelines set out in the Occupational Health and Safety Act.

10.12 DISCIPLINE

Discipline after two (2) years from the date of issue will not be used in determining subsequent discipline to an employee except a warning which indicates that termination will occur if there is a re-occurance of a similar or related incident.

ARTICLE 11 - BOOKING OFF SHIFT

11.01 In order that the Employer may obtain replacement personnel, the employees shall give as much notice as is reasonably possible prior to an absence due to illness or injury, but not less than one (1) hour before the commencement of their shifts. Notice shall be given to the employee's foreman.

ARTICLE 12 - WAGES

12.01 The Employer agrees to pay and the Union agrees to accept for the term of this Agreement, the following hourly wage rates:

Machine Operator Plant (new)

Machine Operator

Labourer

Fork Lift/Payload Operator

Truck Driver

Crane Operator (MCT Certificate) (new)

Dec. 1, 2020 Dec. 1, 2021 Dec. 1, 2022 Dec. 1, 2023 Dec. 1, 2024

24.72 25.21 25.97 26.49 27.02

24.28 24.77 25.51 26.02 26.54

23.87 24.35 25.08 25.58 26.09

24.17 24.65 25.39 25.90 26.42

24.85 25.35 26.11 26.63 27.16

26.91 27.45 28.27 28.84 29.42

Probationary employees shall be paid Two Dollars ($2.00) below the above rates during their probationary period.

12.02 JURY DUTY

When an employee is required to serve on jury, he shall be relieved of his duties for such time as may be required and shall be paid the difference between his fee as a juror and his earnings for time lost. A man on the day shift will be paid the difference between his jury pay and his normal work week pay, and it is his responsibility to come into work at any time during the week that he was not actually required for jury duty.

12.03 BEREAVEMENT

Upon request, the Employer will grant a leave of absence up to three (3) working days with pay in the event ofthe death of an employee's father, mother, wife, husband, child, brother, sister, grandchildren, mother-in-law, father-in-law, common-law spouse and adopted children. An employee may attend the funeral of a grandparent, brother­in-law and sister-in-law, for which the employee is entitled to one (1) day without loss of pay. Such leaves of absence are not automatic and shall only be granted when the circumstances require for the purpose of attending the funeral and/or making funeral arrangements.

12.04 CLOTHING ALLOWANCE

All employees who have completed one (1) year of service by July pt in any year, shall receive a clothing allowance as follows:

a) Effective December l5t, 2020, $185.00 towards the purchase of one (1) pair of safety boots per year provided the employee provides a receipt for the purchase of the safety boots to the Employer. The Employer shall provide uniforms in accordance with the Employer's policy up to six (6) changes every two (2) weeks. Rosetta plant employees shall receive ten (10) changes every two (2) weeks, effective on ratification.

b) Effective December 1, 2022, $200.00 towards the purchase of one (1) pair of safety boots per year, provided the employee provides a receipt for the purchase of the safety boots to the Employer. The Employer shall provide uniforms in accordance with the Employer's policy of up to six (6) changes every two (2) weeks. Rosetta Plant employees shall receive ten (10) changes every two (2) weeks.

ARTICLE 13 - SENIORITY

13.01 Seniority is a principle of granting preference to employees for promotions, demotions, transfers, lay-offs and rehiring after layoffs, in accordance with the length of employment with the Employer. In all cases of promotions, lay-offs, demotions, transfers or rehiring after lay-offs, the following two (2) factors shall be considered by the Employer in determining which employee shall be affected :

a) the requirements and efficiency of operation, the ability, knowledge, training, skill and physical fitness of the individual to fulfill the normal requirements of the job and the capability of the individual to assume responsibilities.

b) the seniority ranking of the employees affected.

13.02 When in the judgment of the Employer, which shall not be open to question, factor (a) is to all intents and purposes equal as between two or more employees, then their relative seniority ranking shall govern .

13.03 Seniority lists shall be posted on the bulletin board on July 2nd of each year. Copies of the seniority lists will be supplied to the Union. Upon the posting of seniority lists, employees shall have thirty (30) days in which to file complaints against their seniority standing and if no complaints are filed, it is deemed that t he seniority lists as posted are correct.

13.04 BREAK IN SENIORITY

An employee shall lose all seniority and shall be deemed to have terminated if he;

a) quits;

b) is discharged;

c) fails to return to work after the completion of a leave of absence which may have been granted by the Employer, except where a reasonable excuse is submitted acceptable to the Employer;

d) fails to return to work within seven (7) days of the recall notice which shall be sent by registered mail to the employee's last recorded address with the Employer;

e) utilizes a leave of absence for purpose other than those for which a leave of absence may have been granted;

f) is laid off for a period longer than twelve (12) months;

g) consumes alcohol or illegal drugs at work;

h) reports to work under the influence of alcohol or illegal drug.

13.05 NEW EMPLOYEES

New employees shall be considered probationary employees until they have completed ninety (90} days worked after which time their service shall date from their original employment date. During the probationary period, such employees shall not be entitled to the benefits of the grievance procedure in discharge cases, nor shall they accumulate seniority, nor shall the Employer be obliged to re-employ such employees in the event that they are laid off during their probationary period, nor shall any such employee be entitled to pay for statutory holidays not worked during their probationary period.

13.06 JOB POSTING

When a permanent vacancy occurs which the Employer requires to be filled, such vacancy will be posted on the bulletin board within twenty-four (24) hours and shall remain posted for a period of five (5) working days. Eligible employees will have the right to bid for the position. Selection to such positions shall be made on the basis of seniority providing the employee has the ability to do the job.

ARTICLE 14 - VACATIONS

14.01 Each employee covered by this Agreement shall be entitled to an annual vacation time off as follows:

a) One (1) year of service two (2) weeks of vacation

b) Two (2) years of service two (2) weeks of vacation

c) Three (3) years of service three (3) weeks of vacation

d) Ten (10) years of service four (4) weeks of vacation

14.02 If a paid holiday falls w ithin the employee's vacation period, he shall be granted another day off without pay at a time mutually agreed between the Employer and the employee.

14.03 The vacation schedule shall be posted in April of each year and shall be removed by June 1st of each year. Employees shall indicate their preferences for vacations on the vacation schedule and the finalized vacation schedule shall be by mutual agreement between the employee and the Employer by June 15th of each year.

14.04 Vacation pay is set out in Article 15.

ARTICLE 15 - VACATION PAV AND PAID HOLIDAYS

15.01 Each employee shall receive ten {10%) percent vacation pay of the employee' s annual gross earnings. The aforementioned ten (10%) percent shall include four {4%) percent statutory holiday pay and six (6%) percent vacation pay. Vacation pay and paid holiday pay shall be paid each pay period.

15.02 All employees except employees who have not completed their probationary period shall receive time and one-half {1 Yi) thei r regular hourly rate for work performed on the

following holidays:

New Year's Day Family Day Good Friday Victoria Day

Canada Day August Civic Holiday Labour Day Thanksgiving Day

Day Before Christmas Christmas Day Boxing Day

a) The Employer may substitute another day in lieu of a named Paid Holiday set out herein upon agreement with the Union .

ARTICLE 16 - WELFARE

16.01 The Employer agrees to pay one hundred {100%) percent of the premium costs of the following Insurance Plans:

a) Group Life Insurance and A.D.& D. (new maximum Life Insurance Benefit up to $500,000.00).

b) Long Term Disability Plan (LTDP) (to age 65) (integrated with E.I. for short term disability).

c) Major medical, including prescription drugs, $25.00 single/$50.00 family deductible per year and the prescription eyeglasses - maximum $250.00 every 2 years without any deductible. Effective March 9, 2021, increase the maximum to $300.00. Ambulance and Ward Care Coverage. Prescription safety glasses - maximum $200.00 per year. Employees will provide receipts for the purchase of prescription safety glasses.

d) Dental (basic plan) - $25.00 single/$50.00 family deductible per year ($2,500.00 annual maximum). Two (2) years behind ODA schedule. Effective March 9, 2021, increase the maximum of$2,500.00 by $100.00 per year for each year of the contract.

e) A generic drug plan and add drug card at five ($5.00) dollars per prescription fee paid by the employee, balance of plan 100% paid by Company. A maximum of $3,500.00 per year per person covered. The drug plan will be integrated with the Ontario drug plan (Trillium) for drug costs which exceed $3,500.00 per year per person covered annually and this plan shall be administered by the insurance carrier.

16.02 An employee absent because of illness or accident shall be covered for a three (3) month period. The foregoing is subject to the terms of the plans in each, including the eligibility requirements as established under the plan. Medical Doctor slips will not be required for absences of one (1) day.

16.03 Employees on lay off or absent on sick leave beyond three (3) months may pay 100% of the premium of the welfare plans in manner prescribed by the Company except as set out in Article 16.0l(b).

16.04 QUALIFICATIONS

An employee recalled after lay-off shall be covered for the month in which he is recalled. All welfare coverage to be in effect from the first (l5t) day of the month following the completion of ninety (90) worked days for all new employees.

ARTICLE 17 - PENSION PLAN

17.01 The Company shall pay 6.5% of the employee's applicable hourly rate to a maximum of two thousand and eighty (2,080) hours per year to a new Pension Plan administered by a carrier.

ARTICLE 18 - DURATION

18.01 Unless changed by mutual consent, this Agreement shall become effective on the pt day of December, 2020 and shall remain in effect until the 30th day of November, 2025 and shall continue automatically thereafter for annual periods of one (1) year each unless either party notifies the other, in writing, within a period of three (3} months immediately prior to the annual expiration day that it desires to amend the Agreement.

18.02 Negotiations shall begin forthwith following notification for amendment as provided in the preceding paragraph.

18.03 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 prior to the current expiry date, this Agreement shall continue in full force and effect until a new Agreement is signed between the parties or until conciliation proceedings prescribed under the Ontario Labour Relations Act, 1980, Chapter 228 and amendments thereto and regulations passed hereunder have been completed.

IN WITNESS WHEREOF each of the parties has caused this Agreement to be signed by its duly authorized officials or representatives as of the date and year first above written.

FOR THE EMPLOYER FOR THE UNION

Ken

Brenda Rochon - CPA ·s Rebelo, Secretary-Treasurer

~~ "52ofi:~ Allen - Representative

LETTER OF UNDERSTANDING

Between:

Brown's Concrete Products Limited (Hereinafter referred to as the "Employer")

and -

Teamsters Local Union No. 230 Affiliated with the International Brotherhood of Teamsters

(Hereinafter referred to as the "Union")

Re: RAINWEAR

The Company shall provide one (1) set of rainwear every two (2) years for outside workers.

Re: VETERANS

The Company shall grant time off without loss in pay to any former service men hired after the date thereof in order that he may and provided that he attends memorial services on Remembrance Day.

Re: WORKERS COMPENSATION BOARD

Any reduction below $10,000.00 in assessment costs to be shared 50% by full time employees

and 50% by the Company.

Re: UNION MANAGEMENT COMMITTEE

1. There shall be a Union Management Committee consisting of 2 representatives of the Union and 2 representatives of Management. The Committee shall meet during normal working hours at a time mutually agreed.

2. Either party may have the assistance of an outside representative provided the other party is notified in advance.

3. The Committee shall discuss items of mutual interest between them. This Committee shall have no power to negotiate the terms of the Collective Agreement or present

matters which are properly the subject of a grievance. 4. The first meeting shall take place within 30 days of the ratification of the Agreement.

5. Each party will identify to the other party in writing, the names of its Committee Members.

IN WITNESS HERETO the parties hereto have executed this Letter of Understanding this

FOR THE EMPLOYER FOR THE UNION

Ken Hall

Brenda Rochon - CPA

Scott Alen - Business Representative