CHANGE OF ADDRESS

Dear Brothers/Sisters:

We require up-to-date addresses for all of our Teamster members. When you receive your Union dues receipt, if the receipt reads BAD ADR this means BAD ADDRESS or INCORRECT ADDRESS.

If your dues receipt reads BAD ADDRESS, or the address on the receipt is incorrect, please let us know by either mailing in a correct address to TEAMSTERS LOCAL NO. 879, 460 Parkdale Avenue N., Hamilton, Ontario, L8H 5Y2 or by calling the Hamilton office at:

(905) 547-3231 or 1-800-528-8879

Your assistance in this matter would be appreciated.

ATTENTION TEAMSTERS LOCAL 879 MEMBERS

It is extremely important that if you receive a job-. related injury the following steps and recommendations be followed enabli!lg the W.S.I.B. to process your reports in a timely fashion.

Important WSIB Information All Members Should Know: How to Report an Incident and/or Accident

"Steps to Follow in Case of Injury"

1. INCIDENT AND/OR ACCIDENT: Report immediately to supervisor, (foreman) and union steward. If Doctor or health care professional suggest time off, get it in writing at the time it is recommended.

2. REPORT INJURY PROPERLY: Workers reporting incidents and/or injuries must always include: time, place, type and cause of injury, full names of witnesses and a fu II explanation of how the injury occurred and what they were doing.

3. COLLECT WITNESS INFORMATION: Have your witnesses write down what happened, date, time, and sign it. When reporting an incident and/or injury it is in your best interest to have a job steward or witness present.

4. BE CONSISTENT IN YOUR REPORTS: You have to fill out first-aid, employer, hospital admittance, emergency room dqctors and your own doctors' reports. WSIB will receive copies of all reports.

5. LET PEOPLE KNOW OF YOUR PAIN: This helps document injuries that are not visible or seem inconsequential at the time.

6. KEEP ALL CORRESPONDENCE: Keep a journal of all conversations with WSIB. Keep short notes of what both parties have said. Take copies of all correspondence and keep a copy for your personal file,

7, KEEP COOL: When talking to the WSIB, stay cool. The Board documents all Incidents.

UNION DUES RECEIPTS

Please be advised that receipts for Union dues are sent to your Steward, generally the Chief Steward.

If you have not received your dues receipt, check with your Steward.

Should you have any questions in this regard, contact the dues department in the Teamsters 879 Hamilton office at 547-3231 or 1-800-528-8879.

MEMBER'S REMINDER

APPLICATION FOR WITHDRAWAL

Application for a withdrawal card must be filed

with the Union office within ten(1 0) days by the

member who has been laid-off, terminated or is

discharged from the Company, including

sickness, accident or leave-of-absence.

THIS IS THE SOLE RESPONSIBILITY OF THE MEMBER.

Members who fail to file an application for

withdrawal with the Union office will

immediately fall into arrears.

Should a member return to work at any time

during this period the withdrawal application

will become null and void, and if once again

absent for work for any reason must re-apply

for withdrawal.

Applications for Withdrawal are to be sent to:

TEAMSTERS LOCAL UNION NO. 879 460 Parkdale Ave. N.

Hamilton, Ontario LBH 5Y2 Phone: (905) 54 7-3231

Fax: (905) 545-4633

[

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TEAMSTERS LOCAL UNION NO. 879 426 Third Street

London, Ontario N5W 4W6

Phone: (519) 455-5180 Fax: (519) 455-4668

Martin L. Taylor Business Representative

(Head Office)

TEAMSTERS LOCAL UNION NO. 879 460 Parkdale Ave. N.

Hamilton, Ontario L8H 5Y2

Phone: 905-547-3231 Fax: 905-545-4633

Toll Free: 1-800-538-8879

TABLE OF CONTENTS

ARTICLE 1 -RECOGNITION......................................... 1 1.01.......................................................................... 1

ARTICLE 2- MANAGEMENT RIGHTS......................... 1 2.01.......................................................................... 1 2.~.......................................................................... 2 2.03 ......................................................................... 2

ARTICLE 3- UNION SECURITY. ................................... 2 3.01 .......................................................................... 2 3.02 .......................................................................... 3 3.03 .......................................................................... 3 3.04 .......................................................................... 3 3.05 .......................................................................... 3 3.06 .......................................................................... 3

ARTICLE 4- UNION REPRESENTATIVES ................... 3 4.01 .......................................................................... 3 4.02 .......................................................................... 4 4.03.......................................................................... 4 4.04 ..................... : .................................................... 4 4.05 .......................................................................... 4

ARTICLE 5- GRIEVANCE PROCEDURE ...................... 4 5.01 .......................................................................... 4 5.02 .......................................................................... 7 5.03 .......................................................................... 7 5.04 .......................................................................... 7

TABLE OF CONTENTS

ARTICLE 6 -ARBITRATION .......................................... · 7 6.01 .......................................................................... 7 6.02.......................................................................... 8 6.03.......................................................................... 8 6.04.......................................................................... 8 6.05.......................................................................... 8 6.06.......................................................................... 8

ARTICLE 7 - SENIORITY................................................. 9 7.01 .......................................................................... 9 7.02.......................................................................... 9 7.03.......................................................................... 9 7.04.......................................................................... 9 7.05.......................................................................... 10 7.06......................................................................... 10 7.07.......................................................................... 10

ARTICLE 8 -HOURS OF WORK..................................... 11 8.01 ............................................ : ............................. 11 8.02.......................................................................... 11 8.03.......................................................................... 11 8.04.......................................................................... 11 8.05.......................................................................... 11 8.06.......................................................................... 12

ARTICLE 9- CALL-IN PAY............................................ 12 9.01......................................................................... 12

TABLE OF CONTENTS

ARTICLE 10- VACATION AND HOLIDAY PAY......... 13 1 0.01 """ .... " ...... "" " .... """" ...... "". " .... ". """ "" .... . . 13 I 0.02......... ... ... ... .. . .. . . . . ... . . . . .. . . . .... . . . . . .. . . ... . . . . . .. . . . .. . . .. . 13 I 0.03..... ..... . . ... . . . .. .. ..... . . . ... . . . . . . . . . .. . . . . . . . . . . . .. . . . . . .. . . . . . . . . 13 10 .04 ........ " ..... " ... "" ..... " ...... " ...... " ........... " ........ ".. 13 10.05 ....... " .. " .... "" ...... "" ................ " .... " .... "" .. "'. ". 13 1 0.06 ....... " ... " ..... " ........ " ... "" ..... " .... " ..... " .... " ... "... 13 1 0.07 .... "" .......... """"" ... " ........ " .. "" """" .... """"". 14 I 0.08.... ...... ...... ...... .. .... .... .. .. .. .. .. .... .... .. .. .. .. .. .. .. .. .. .. .. 14

ARTICLE 11 -STATUTORY HOLIDAYS ....................... 14 11.01 """"" ......... """" ..... """"" .... " ... "" ..... """ """ 14

ARTICLE 12- EMERGENCY ASSISTANCE................. 14 12.0 1 .... "". "" .. "" ... " ................ " ........... " ............. "" 14

ARTICLE 13- WAGES ...................................................... 14 13 .0 I .. .... ...... .... .. ...... .. .. .. .... .. .... . .. .... . .. .... . .. .. .. .. .. .. .... . 14

ARTICLE 14- WELFARE ................................................. 15 14.0 I........................................................................ 15 14.02 .......... " ........ " .. " .... " ...................... "................ 15 14.03- Board Allowance....................................... 16 14.04 .. "" .......... """""" .... "" "" .. " "" """"""""""".. 16 14.05 ............ """ .......... " .... "" """. "". " .... " """"" "" 17 14. 06 ........ """"""" " .... "" " .... " .... """" "" """"" .... " 17 14.07- Dental Plan..................................... 17

ARTICLE 15- GENERAL................................................. 18 15.01 .... """" .... """"" "" " ..... " ..... """ """" .... """"" 18 15. 02 ..... " ... "" ... "" .. " ...... " ................ "."." .......... "... 18

TABLE OF CONTENTS

15 .03........................................................................ 18

15.04... ..................................................................... 19

15.05 ........................................................................ 19

15.06........................................................................ 19

15.07 ........................................................................ 19

15.08 ........................................................................ 19

15.09........................................................................ 19

15.10 ........................................................................ 20

ARTICLE 16- UNION CO-OPERATION........................ 20

16.01....................................................................... 20

16.02....................................................................... 20

16.03....................................................................... 21

ARTICLE 17- Duration of Agreement............................. 21

17.01....................................................................... 21

17.02 ....................................................................... 21

17.03....................................................................... 21

LETTER OF UNDERSTANDING#!............................... 23

LETTER OF UNDERSTANDING #2............................... 24

LETTEROFUNDERSTANDING#3 ............................... 25

Teamsters Local 879 Advancement Fund............. 25

LETTER OF UNDERSTANDING #4 ........................ 26

I I I

1

THIS AGREEMENT made and entered into this 1st day of July, 2005

BETWEEN:

TCG ASHPALT & CONSTRUCTION INC.

AND

(hereinafter called the "Company") OF THE FIRST PART

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the

International Brotherhood of Teamsters (hereinafter called the "Union")

OF THE SECOND PART

ARTICLE 1 -RECOGNITION

1.01

The Company recognized the Union as the sole collective bargaining agent for all truck drivers in the employ of TCG Asphalt & Construction Inc., in the counties of Oxford, Perth, Huron, Middlesex, Bruce and Elgin, save and except foremen and persons above the rank of foreman.

ARTICLE 2- MANAGEMENT RIGHTS

2.01

The Union recognizes that the Company has the exclusive right to mmmge the business and to exercise all the customm·y prerogatives of management except those specifically delegated to the Union in this Agreement.

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2.02

Without limiting the generality of the foregoing paragraph 2.01, the Union recognized that 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, a violation of which shall be among the causes for discharge, shall continue to be vested in the Company.

2.03

The Union futiher agrees that there will be no Union activity whatsoever during working hours, except for the processing of gnevances.

ARTICLE 3 - UNION SECURITY

3.01

As a condition of employment, every employee covered by this Agreement shall, within thirty (30) calendar days become a member of the Union and shall remain a member for the duration of this Agreement.

New employees, as a condition of employment, shall become a member of the Union within thirty (30) calendar days from the date of hiring and shall remain members for the life of this Agreement. New employees, when hired will fill out a form to be supplied by the Union and the Company will send such forms to the office of the Local Union with the next monthly check-off.

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3.02

It is expressly understood and agreed that the Company shall not be required to discharge any employee for violation of the provisions of this Atticle for Union security for any reason other than the refusal of the employee to join the Union or the non-payment of regular monthly Union dues, notwithstanding anything to the contrary herein contained.

3.03

The Company agrees to deduct from the earnings of an employee the amount of Union dues and initiation fee as from time to time is established by the Union. Remittance of Union dues shall be by the twenty-first (21 '') day of the month.

3.04

If an employee is absent and has not sufficient pay to his credit, his Union dues shall accumulate and shall be deducted from his pay upon his return to work.

3.05

The Company will transit the monies so deducted to the designated officials of the Union at specified and regular intervals. A list of the names of the employees concerned shall also be supplied at the same time.

3.06

The Company shall show the yearly Union monthly dues deduction on the employee's T4 Slips.

ARTICLE 4- UNION REI'RESENTATIVES

4.01

The Union may appoint and the Company shall recognize two (2) stewards, one (1) from each shift. The Union shall notify the Company in writing from time to time of the names of the

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Stewards, the effective date of their appointments and the name, if any, of the former steward he is replacing. All stewards shall have at the least six (6) month of employment with the Company.

4.02

It is further understood that stewards have their regular company duties to perform, but, with the approval of their supervisor, shall be permitted, during working hours, to leave their regular duties for a reasonable length of time, but not to exceed two (2) hours in any one (1) calendar week, to adjust grievances, and upon their retum to the job, shall report to his foreman.

4.03

In the event of a shortage of work that necessitates a layoff, the Chief Steward shall be the last man laid off, provided he has the necessary qualifications and ability to perform the work available.

4.04

Representatives of the Union shall have access to the area of work during working hours, provided they first report to the supervism in charge, or his designate, but in no case shall their visits interfere with the progress of work.

4.05

The Steward will be called in to work as second-man-in on a daily basis.

ARTICLE 5- GRIEVANCE PROCEDURE

5.01

Any differences, disputes or complaints ansmg over the interpretation or application of this Agreement shall be submitted in writing in triplicate on forms supplied by the

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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 No.1:

By a conference between the aggrieved employee and his immediate superior within five (5) working days of the act causing the grievance, but not thereafter. The employee will be accompanied by his steward. The foreman shall give his decision within two (2) full working days.

Failing settlement then,

Step No.2:

Within tln·ee (3) full working days following the decision in Step No. 1, but not thereafter, an official or officials of the Union shall meet with representatives of the Company, at which time the written record of the grievance shall be presented. The decision shall be given in writing three (3) full working days following this meeting. Failing settlement then,

Step No.3:

(a) Ontario Provincial Grievance J>anel

Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to an arbitration board as outlined below. Before submitting the grievance to arbitration, the dispute shall, if mutually agreed, be brought to the attention of an Ontario Provincial Grievance Panel established for this purpose by the Company and the Local Unions. The Ontario Provincial Grievance Panel will render a decision unless it is dead­locked, which shall be final and binding and have the same judicial powers as a Board of Arbitration established under the following provision. This Ontario Provincial Grievance Panel shall be comprised of four (4) persons, two (2) of whom shall

6

be selected from Management and two (2) fi·om the Local Unions; in the event four (4) persons are not available, the Ontario Provincial Grievance Panel shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one (1) from the Local Unions.

It is fmiher agreed that the Company and the Local Unions shall name only those experienced representatives who are engaged in the day-to-day administration of Agreements as nominees to the Ontario Provincial Grievance Panel as required. It is lmderstood that in the selection of the representatives the Company will not name a representative from the Company involved nor will the Union name a representative from the Local involved.

It is fmiher agreed that in the event that any Ontario Provincial Grievance Panel is unable to render a majority decision, the grieving party must within fourteen (14) calendar days of the date of the Ontario Provincial Grievance Panel declares a deadlock, unless they wish to withdraw the grievance, proceed to Arbitration as outlined in Article 6.

(b) Dates for Ontario Provincial Grievance Panel

The Coordinator of the Panel will arrange with the Company and the Union (s), a mutually satisfactory date for hearings when a sufficient number of cases constitute a full docket. If in the view of the parties a special hearing is required to address a case(s) even though a full docket has not been reached, the Coordinator of the Panel will arrange a special hearing.

(c) Grievance Mediator

If mutually agreed by both the Union and the Company, in writing, the parties agree to use a Grievance Mediator to resolve a grievance prior to proceeding to arbitration.

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5.02

Failing settlement under Step No. 3 of any difference between the parties arising from the interpretation, administration or alleged violation of this Agreement, including any question 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 five (5) full working days after the decision in Step No. 3 is given, it shall be deemed to have been abandoned.

5.03

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.

5.04

It is understood that the Company or the Union may file a grievance with the other, and if such complaint is not settled to the satisfaction of the parties concerned, it may be treated as a grievm1ce and referred to arbitration in the smnc way as a grievance of an employee. Such grievance shall be processed at Step No. 2 of the grievance procedure as set out in Article 5.01 hereof.

ARTICLE 6 -ARBITRATION

6.01

When either party requests that a dispute be submitted to arbitration as hereinbefore provided, it shall notify the other party in writing within five (5) working days following the decision in Step No. 3, but not thereafter, and at the same time nominate an arbitrator. Within five (5) full working days thereafter, the other party shall nominate an arbitrator. The

8

two arbitrators so nominated shall attempt to select, by agreement, a Chairman of the Arbitration Board. If they unable to agree upon a Chainnan within a period of three (3) full days tollowing the date of their appointment, they will then request the Minister of Labour for the Province of Ontario to appoint a Chairman.

6.02

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

6.03

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

6.04

The Arbitration Board shall not be authorized to make any decision inconsistent with the provision of !Iris Agreement nor to alter, modify or amend any pmi of this Agreement.

6.05

The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of a majority of such Board will be final and binding upon the parties hereto and the employee concemed.

6.06

Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board.

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ARTICLE 7- SENIORITY

7.01

The purpose of seniority regulations is to provide a policy governing layoffs and rehiring. In the event of layofT, the Company shall apply the principle of "last on, first off' providing the employees to be retained have the necessmy qualificabons and ability to perform the work required. Rehiring laid off employees shall be executed in the reverse order of the layoff procedure above, providing employees to be recalled are qualified to perform the work required of them.

Employees' names shall be placed on the seniority list in the order of their respective date of hiring.

In the event of a truck breakdown where the driver is sent home for the balance of his shift and up to one ( 1) additional shift, the seniority provisions do not apply.

7.02

Upon completion of a probationary period of thirty (30) working clays in a six (6) month period, employees shall have their names placed on a seniority list.

7.03

Employees shall be considered probationary employees until they shall have become eligible to have their names placed upon the seniority list as above provided. The discharge of a probationary employee shall be at the discretion of the Company and deemed to be for proper cause under this Agreement.

7.04 A seniority list shall be placed on the bulletin board and will be revised by the Company, as required, at least every six (6) months, with a copy to the Local Union office.

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7.05

The seniority rights and the employment of an employee shall cease for any of the following reasons:

(a) if he voluntarily quits;

(b) if he is discharged for auy cause and not reinstated through the grievance procedure;

(c) if the employee is absent from work for three (3) consecutive working days without notifying the Company daily and is unable to provide a satisfactory reason to the Company for his absence;

(d) if he fails to report for duty after a layoff of leave of absence unless he furnished a reason acceptable to the Company or if twelve (12) months have elapsed from the date of his layoff. When recalling an employee from a layoff, he shall be notified by registered mail and allowed five (5) working days to report to work, provided the recalled employee notified the Company within twenty­four (24) hours of his intent to return on or before the fifth (5'h) day above allowed; and in the meantime, if any employee who is recalled is not immediately available, the next employee in order of seniority who is available may be employed temporarily subject to layoff if a more senior employee does repmt within five (5) days.

7.06

Exception may be made to the seniority provisions of this Agreement for an employee suffering a major disability, by agreement between the Company and the Union.

7.07 Employees who are transferred to positions outside the bargaining unit shall accumulate seniority rights up to twelve (12) months.

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ARTICLE 8- HOURS OF WORK

8.01

Time and one-half (1 Y,) shall be paid for all hours worked in excess of fifty-five (55) hours per week. One and one-half (l Y,) the regular rate of wages will be paid for any hours worked on Saturday. Double time will be paid for any hours worked on Sunday. This Article shall not apply to the circumstances set out in Article 8.05.

8.02

The Company may pay wages as a direct bank deposit, no later than Thursday of each week, and a detailed breakdown indicating hours, hourly wage rate, allowance, and deductions shall be provided for each deposit, providing the bank is ofthe employee's choosing.

8.03

It is understood that employees may take one-half (1 /2) hour for lunch without pay during the working period at a time designated by the dispatcher between 12 noon and 1:00 p.m. Where an employee requires an additional meal period, he may arrange with the dispatcher for an extra one-half (1/2) hour off without pay.

8.04

Pay cheques will be available in London on Thursday of each week except where a stah1tory holiday falls within that week, pay day may be Friday. If pay day is on Friday, the employee is to be given sufficient time to cash his pay.

8.05

Employees engaged in sanding operations or snow removal shall receive the straight time rate of pay, not overtime, but if such work is on a Sah1rday or Sunday, the employee shall also receive a premium of fifty (50) cents per hour over and above

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his straight time rate of pay. No employee shall be compelled to work on a Saturday or Sunday on snow removal. The rate of pay for employees engaged in sanding operations or snow removal on Clu·istmas Day, Boxing Day and New Year's Day shall be paid double the straight time rate of pay.

If such work is performed on a second or third shift on Monday to Friday of a week, the employee shall receive a premium of thirty (30) cents per hour over and above his straight time rate of pay. A second or third shift shall

constitute shifts scheduled between 5:30 p.m. and 7:30 a.m. the following day.

The performance of sanding operations is to be considered voluntary for an employee provided such employee had indicated to his Employer his intentions regarding his willingness to perfonn this work no later than October 15 of each year in order to allow the Employer the oppmtunity to make alternative arrangements.

8.06

An employee may work on Saturday up until noon (12:00 p.m.) at straight time whenever an employee has not completed forty ( 40) hours of work in that week due to inclement weather reasons only, on a voluntary basis.

ARTICLE 9- CALL-IN PAY

9.01

An employee who is required to report for work and there is no work available at his regular duties shall be paid three (3) hours at his regular hourly rate. This shall apply only when the employee has not been notified that he does not have to report to work. It is understood that should there be no such work available, the employee may be requested to do other

work.

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ARTICLE 10- VACATION AND HOLIDAY PAY

10.01

Each employee covered by this Agreement shall be entitled to combined vacation and statutory holiday pay in the amount of ten percent (1 0%) of the wages earned.

10.02

Vacation credits shall be four percent (4%) of eamings and shall be paid weekly.

10.03

Statutory holiday credits shall be six percent ( 6%) of eamings and shall be paid weekly.

10.04

Should provincial legislation change the statutory vacation pay percentage, the increase will be taken from the statutory holiday pay and the total combined percentage will not exceed ten percent (I 0%).

10.05

It is understood that only one (1) week's vacation will be taken, exclusive of statutory holidays, unless other arrangements are made between U1e Company and the employee. In the event of a conflict between employees in the scheduling of vacations, seniority shall prevail.

10.06

lt is further understood that the employee's vacation period shall be mutually agreed upon by the Company and the employee. In the event of disagreement, the Company reserves the right to schedule vacation.

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10,07

If an employee's employment is terminated for any reason whatsoever, he will be paid his accumulated vacation credits.

10.08

Vacation must be taken annually and cannot be accumulated. However, employees who have been laid off for a period of one (1) month or more may be not be required to take vacation time off.

ARTICLE 11- STATUTORY HOLIDAYS

11.01

All work performed on New Year's Day, Good Friday, Victoria Day, Dominion Day, Civic Holiday, Labour Day, Thanksgiving Day, ClU"istmas Day and Boxing Day shall be paid for at the rate of double time the employee's regular hourly rate.

ARTICLE 12- EMERGENCY ASSISTANCE

12.01

If a trnck becomes disabled and in the opmwn of the mechanic, the driver can be of assistance in putting the trnck on the road with the least possible delay, the driver shall help the mechanic.

ARTICLE 13- WAGES

13.01

The Company agrees to pay, effective on the dates shown and the Union agrees to accept for the tenn of this Agreement, the following hourly rates:

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Classification July 1, 2005 to June 30, 2010

CLASS I - Dump Truck Operators $22.21

CLASS II - Tri-ax1e Dump - Truck Operators $22.41

CLASS III Tandem Operators with attached pup $22.61 Tri-axle Operators with attached pup Float Operators Tractor Trailer Operators

The rate of pay for all new employees shall be $1.50 per hour less than the above-noted wage rates. After one (I) year of employment, such new employee will receive the classification rate as set out above.

ARTICLE 14- WELFARE

14.01

The Employer agrees to pay the premiums for the benefit plan currently in existence and, effective July l '', 2005, the plan will be enhanced to include dental benefits outlined in 14.07. Details of the plan will be provided in a booklet from Sun Life.

14.02

If an employee is required to use his own vehicle for transportation to any job site past the City of London boundaries, mileage will be paid to such employee at the rate of thirty cents ($.30) per mile to and from the site, and the City of London boundaries. This provision shall not apply where an employee uses his own vehicle for transpmtation to a

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Company-owned assemble point (e.g. asphalt plant, gravel

pit), within a .five (5) mile limit from the City of London

boundaries.

14.03 -Board Allowance

Where employees are required to work out of town and are

unable to return home each night, satisfactory board may be

provided by the Company or a board allowance up to seventy­

two dollars ($72.00) per day shall be paid to the employee for

each working day over and above his weekly eamings. The

Company will assist the employee in securing suitable

accommodation.

14.04

The Company will contribute three dollars and twenty-five

cents ($3 .25) per hour for each hour worked by the employee

to a Registered Retired Savings Plan. The employee will have

the option to contribute fifty cents ($.50) per hour for each

hour worked. The Employer's sole obligation under this

provision is to contribute and remit the amount summarized

and shown below as the Company contribution to the

Registered Retired Savings Plan. The selection of the Plan

will be at the designation of the Union after consultation with

the Company.

Il is agreed and understood that in addition to the

aforementioned Company contribution and any employee

optional contribution, wage increases, as negotiated during the

2005 set of contract negotiations and ratified July 41h, 2005,

will be deposited into a Registered Retirement Savings Plan by

the Employer on behalf of each employee as follow:

Effective: July 1 '', 2006 - $3.55 per hour July I'', 2007 - $4.05 per hour July 1 '', 2008 $4.65 per hot~r July I'', 2009 - $5.17 per hour

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14.05 Work Boot Allowance

Upon presentation of a receipt, the Company will contribute ninety-five dollars ($95.00) per year toward the purchase of CSA approved, green patch safety boots for each employee on July 1 '' of each year. Employees must have one year's seniority in order to qualifY. Effective July 1, 2009, the amount will increase to one hundred and five dollars ($105.00).

14.06

Work gloves will be provided by the Company to employees who require such work gloves for their work.

14.07 Dental Plan

Effective July 1 '', 2005, the Company agrees to supply and pay for a dental plan as follows:

Reimbursement of expenses under the Dental Care Plan shall be as follows:

1. Preventative Dental Procedures (oral examinations, x-rays, cleaning and scaling, fillings, extraction of

~teeth and basic restorative) 100% reimbursement.

~2-~Basic Dental Procedures (endodontics, periodontics and oral surgery)~ reimbursement

3. Major Dental Serg~1 (prosthodontics, repair, rebase or reline dentures) 80% reimbursement

There is an annual maximum of$1,000 per person, per benefit year for all services.

Payment will be made based on the previous year's dental fee guide.

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ARTICLE15-GENERAL

15.01

It is to the mutual advantage of both the Company and the Employees that the employees do not operate vehicles which are not is safe condition and not equipped with the safety appliances as are required by law. It shall be the duty of an employee to report promptly in writing to the Company all defects in equipment. It shall be the responsibility of the Company to maintain all vehicles in a safe operating condition in accordance with the Ministry of Transportation and Communications regulations.

15.02

Any employee whose normal duties include driving a Company vehicle and whose driving privileges are suspended by Government action in excess of twelve (12) months will result in discharge unless the Company sees fit to reinstate the employee.

15.03

The Company agrees to provide a bulletin board conspicuously placed for the Union to post Notices of Meeting, Social Events, etc., provided they are signed by an officer of the Local Union.

15.04

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

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15.05

During the lifetime of this Agreement, the Union agrees that there will be no strike, slowdown or picketing and the Company agrees that there will be no lockout.

15.06

Where the Company considers it feasible, no trucks shall be hired when regular employees are available for work, provided the Company vehicles are available and equipped to make the type of delivery denumded. It is fmiher agreed that there will be no abuse ofthis clause.

15.07

Recognizing non-working foremen and those above the rank of non-working foreman, will not perform any work which is nmmally performed by those under their supervision, but this shall not preclude their doing such work for the purpose of instructing employees and in case of emergency.

15.08

Where the Company considers it feasible, employees shall be called in to work on a seniority basis.

15.09

The Company agrees to give preference to subcontractors who employ Teamsters Union members.

15.10

In the event of the death of a member of the employee's immediate family, the employee, with five (5) years seniority or more, will be given the necessary time off to attend the funeral and will be paid for the days which he would have otherwise worked at "8" hours per day at his regular rate provided he attends the funeral as follows:

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(a) Immediate Family- not to exceed 3 calendar days. Wife,

Husband, Son, Daughter, Father, Mother, Step-parent,

Sister, Brother, Mother-in-law, Father-in-law.

(b) Other Relation - not to exceed 1 calendar day.

Grandmother, Grandfather, Grandchild, Brother-in-law,

Sister-in-law, Daughter-in-law, Son-in-law.

(c) If more time is required for any reason relating to the

death, a leave if absence will be granted to a maximum of

l 0 clays.

ARTICLE 16- UNION CO-OPERATION

16.01

The Union agrees to uphold the rules and regulations of the

Company in regard to punctual and steady attendance, proper

and sufficient notice in case of necessary absence, conduct on

the job and all other reasonable rules and regulations

established by the Company and not conflicting with tllis

Agreement.

16.o2

The Union agrees to co-operate with the Company in

maintammg and improving safe working conditions and

practices; in improving the cleanliness and good housekeeping

of the premises, machinery and equipment and upholding the

laws in reference to driving.

16.03

Employees covered by this Agreement agree to attend and

pmticipate in all Health and Safety meetings, and conduct their

duties associated with such committees in such a manner as to

promote and provide a safe and healthy workplace. Further,

such employees agree to comply with the OH & SA and other

current applicable legislation.

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Employees also agree to serve as worker and Health and Safety committee members in accordance with the OH & SA.

ARTICLE 17- Duration of Agreement

17.01

This Agreement shall be effective July I, 2005 and shall remain in effect until the 30111 day of June, 2010 and shall continue in force from year to year thereafter unless either party notifies the other in writing within the period of two (2) month immediately prior to the annual expiration date that it desires to amend the Agreement.

17.02

The parties shall endeavour to begin negotlatwns within fifteen (15) days following notification for amendment as provided in the preceding paragraph.

17.03

If, pursuant to such negotiations, an Agreement is not reached on the renewal or amendment of this Agreement of the making of a new Agreement prior to the cunent 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, have been completed, whichever date should occur first.

IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives this day of, 20 __

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FOR THE UNION

f141~f!"

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LETTER OF UNDERSTANDING #1

BETWEEN:

TCG ASHPALT & CONSTRUCTION INC.

AND

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the

International Brotherhood of Teamsters

It is agreed and understood that this Letter of Understanding shall form patt and parcel of the Collective Agreement in force between the above-cited patties.

JURISDICTIONAL DISPUTE

It is agreed that any jurisdictional dispute regarding off highway rear dump trucks or fuel trucks will be submitted to a meeting of the Canadian Conference of Teamsters and International Union of Operating Engineers, Local 793, and if no agreement is reached at this meeting, then the dispute will be referred to the International organizations of the respective unions.

It is understood that the Company will have the right to attend any meetings of the_ above unions regarding this matter.

Dated this i_ day of a/lJ.tiE j?. 2otJS.

For the Union

LETTER OF UNDERSTANDING #2

BETWEEN:

TCG ASHP ALT & CONSTRUCTION INC.

AND

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the

International Brotherhood ofTeamsters

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It is agreed and understood that this Letter of Understanding shall

form part and parcel of the Collective Agreement in force between

the above-cited patties.

Work Performed Within an I.C.I. Structure

It is agreed that this Agreement shall apply to work performed

within a structure that is under Agreement with the Teamsters

Construction Council of Ontario as Designated Bargaining Agent

date April 24, 1978, except that the employer agrees to pay the rates

of wages established by a Collective Agreement between the

Construction Site Teamster Employer Bargaining Agent designated

as Employer Bargaining Agency dated April 24, 1978, for all work

performed within a limit of twenty-five (25) feet outside the

structure or anticipated stmcture relating to the construction of that

structure or appl111enances. It is understood that this does not apply

to work performed on the site abutting to the structure and not being

pa11 of the structure. It is further agreed that this understanding does

not include approached to bridges and overpasses, etc.

Dated this -/-day of II..;Jtf/1. 200S"':

For the Company For the Union

/(/~·

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LETTER OF UNDERSTANDING #3

BETWEEN:

TCGASHPALT & CONSTRUCTION INC.

AND

TEAMSTERS LOCAL UNION NO. 879 AHiliated with the

International Brotherhood of Teamsters

It is agreed and understood that this Letter of Understanding shall form pmi and parcel of the Collective Agreement in force between the above-cited patties.

Teamsters Local 879 Advancement Fund

For the duration of the agreement the Company agrees to pay five cents ($.05) per employee per hour worked to the "Teatnsters Local Union No. 879 Advancement Fund".

Dated this Lday of a~ 2o&.f.

~-y--For the Union

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LETTER OF UNDERSTANDING #4

BETWEEN:

TCG ASHP ALT & CONSTRUCTION INC.

AND

TEAMSTERS LOCAL UNION NO. 879 Affiliated with the

International Brotherhood ofTeamslers

It is agreed and understood that this Letter of Understanding

shall form part and parcel of the Collective Agreement in force

between the above-cited parties.

Re: Pre-Trips and Post-Trips Rules and Regulations

A) Failure to ensure that power equipment is properly serviced for fuel, oil and water, and also to ensure, in

general, that a proper pre-trip and post-trip has been

completed before leaving and upon returning to the Employer's location, where required by the Employer

and/or by law:

In the case of minor infractions that do not impact the Company's CVOR, the discipline procedure will be as

follows:

1st offense 2"d offense 3'd offense 4th offense

subsequent offenses

- verbal warning - reprimand - one day off without pay - three days off without pay - subject to disciplinary action.

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LIU #4- cont'd

B) In the case where an infraction is levied to the employee by the MTO, which constitutes 2 points or more against the Company's CVOR, the discipline will be determined by an investigation with the Employer with the Union Steward. This would be considered a major infraction and discipline will depend on the severity of the incident.

Penalty and Fines

Any penalty or fined levied by the MTO against the employee, where the employee has ened, will be the responsibility of the employee.

None of the above procedures deprives the employee the right to the grievance procedure.

Dated thisLday of t6rotSc~ 201/'!t'.

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IT IS THE RESPONSIBILITY OF EACH MEMBER OF

THE TEAMSTERS UNION TO TAKE OUT A

WITHDRAWAL IF YOU ARE ABSENT FROM WORK

FOR ANY lillASON.

A withdrawal exempts you from paying dues and retains you

as a member in good standing.

If you are not working due to sickness, lay-off, etc., notify the

Union Office and obtain your withdrawal card.

Withdrawals must be applied for within thirty (30) days of

your continuous absence from work. Failure to apply may

obligate your paying back dues and/or a reinstatement fee.

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