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COLLECTIVE AGREEMENT Between ESSROC Italcementi Group (ESSROC Canada Inc.) (hereinafter called the "Company") And TEAMSTERS LOCAL UNION NO. 230 Affiliated with the International Brotherhood of Teamsters (hereinafter called the "Union") FROM: November 18, 2014 TO: December 6, 2019 l!Page

COLLECTIVE AGREEMENT Between ESSROC Italcementi Group ... · employees from whose pay such deductions Wel'e made, and if no deduction is made, ... the right to study or introduce

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Page 1: COLLECTIVE AGREEMENT Between ESSROC Italcementi Group ... · employees from whose pay such deductions Wel'e made, and if no deduction is made, ... the right to study or introduce

COLLECTIVE AGREEMENT

Between

ESSROC Italcementi Group (ESSROC Canada Inc.) (hereinafter called the "Company")

And

TEAMSTERS LOCAL UNION NO. 230 Affiliated with the International Brotherhood of Teamsters

(hereinafter called the "Union")

FROM: November 18, 2014

TO: December 6, 2019

l!Page

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Between:

ESSROC TALCEMENTI GROUP (ESSROC Canada Inc.) (hereinafter called the

"Employer") OF THE FIRST PART

And

TEAMSTERS LOCAL UNION NO. 230 Affiliated with the International Brotherhood ofTeamsters

(hereinafter called the "Union") OFTHESECONDPART

ARTICLE 1-INTENT AND PURPOSE

1.1 The purpose and the 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

2.1 The Employer recognizes the Union as the exclusive bargaining agent of all employees of ESSROC Italcementi Group (ESSROC Canada Inc.), working out of its ready mix operations in the Village of Ashton and the Town of Am prior, Ontario, save and except forepersons, and persons above the rank of forepersons, office and sales staff. The parties agree the position of Lead Hand Satcher at Ashton facility will be responsible for hatching of loads to be delivered to Ready Mix customers. The objective is to maximize product delivery efficiency while ensuring customer satisfaction with the highest quality product, confonnance to product specifications and timely and safe delivery while maintaining a safe work environment. The Lead Hand Satcher supervises the assigned workforce, ensuring compliance to all applicable laws, regulations and Essroc policies and procedures including plant reporting. This includes investigating incidents with ability to recommend discipline to management.

2.2 The Employer agrees not to enter into any agreement or contract with its' employees as described in the preceding paragraph 2.0 I, individually or collectively, which in anyway conflicts with the tenns and conditi~ns of this Agreement.

ARTICLE 3-UNION SECURITY

3.1 The Employer agrees that all present employees covered by this Agreement, except new employees during their probationary period shall, as a condition of employment, become and remain members of the Union in good standing.

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3.2 New employees shall make application for membership in the Union at the time of hiring and shall become and remain members of the Union in good standing as a condition of employment as soon as their probationary period has been served.

3.3 The Employer agrees that when new employees are hired they shall sign an application for membership in the Union and also a Union Dues and Initiation Fee deduction fonn on the date of hire, such fonns to be supplied by the Union. The Employer will forward this form to the Union at the same time as Union Dues are remitted.

3.4 On receipt of proper authorization, the Employer agrees to deduct the Union Initiation Fee and the Monthly Union Dues. Union Dues shall be deducted from the first pay due each eligible employee in each month and remitted to the Union on or before the 15th day of the following month. The Employer further agrees, on receipt of proper authorization, to deduct the Union Initiation Fee in two equal weekly installments within thirty (30) calendar days immediately following the completion of an employee's probationary , period and to remit such deductions to the Union.

3.5 The Employer will, at the time of making each remittance to the Union, specify the employees from whose pay such deductions Wel'e made, and if no deduction is made, specify the reasons.

3.6 The Employer shall show the yearly Union Monthly Dues deduction on Employee's T4 slips.

ARTICLE 4 -MANAGEMENT RIGHTS

4.1 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 just 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 just rules covering the operation, a violation of which shall be among the causes for discharge, are vested in the Employer, subject to the provisions of this Agreement.

4.2 Whenever the Employer establishes any new rules governing the conduct of the employees, they shall be forthwith communicated to the Union in order that the Union may have an opportunity to protest if it believes that any such rules are inconsistent with the provisions of this Agreement.

ARTICLE 5-GRIEVANCE PROCEDURE

5.1 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 grievance promptly through the following steps.

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STEP NO.I By a discussion between the aggrieved employee and his/her immediate supervisor. The employee may be accompanied by his/her Steward. The immediate superior shall give his/her decision within two (2) full working days. Failing settlement; then,

STEP N0.2 Within five (5) full working days following the decision in Step No. I, the aggrieved employees, his/her Shop Steward and 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.

5.2 Failing settlement under Step No. 2 of any difference between the parties ansmg 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 ten (I 0) full working days after the decision in Step No.2 is given, it shall be deemed to have been abandoned.

5.3 No complaints 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 the occurrence of the incident giving rise to the grievance.

5.4 Any complaint or grievance concerning or affecting a group of employees shall be

originated under Step No. 2

5.5 Any complaint or grievance arising directly between the Employer and the Union shall be originated under Step No. 2

5.6 A claim by an employee that he/she has been unjustly discharged or laid off shall be treated as a grievance and may be taken up under Step No.2 of the Grievance Procedure provided a writt~n statement of such grievance is lodged with the Employer within five (5) working days after the discharge or l!].y-off is effected. Such special grievances may be settled under the Grievance Procedure by:

(a) Confirming the Employer's action in dismissing or laying off the employee;

(b) reinstating the employee with full compensation for time; or by (c) any other arrangement which may be deemed just and equitable.

5. 7 Parties may allow extension of time limits within the grievance procedure upon request. Agreement will be for a reasonable time period, typically one to two weeks, and agreement shall be put in writing.

ARTICLE 6 -ARBITRATION

6.1 When either pa1ty requests that a dispute be submitted to arbitration as here in before provided,

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. '

the parties agree to use a single Arbitrator. In cases where the parties may not come to agreement on a single Arbitrator, the language as o u t I i n e d in the Agreement concerning an Arbitration Committee will be followed.

When either party requests that a dispute be submitted to arbitration as here in before provided and the parties have not come to agreement on a single Arbitrator, the following process will be followed: It shall notifY the other party in writing and at the same time nominate an arbitrator. Within five (5) full working days thereafter the other party shall nominate an arbitrator. (A dispute is defined as spelled out in Article 5.01)

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

6.2 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settlethe grievance.

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

6.4 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, or amend any part of this Agreement. The Board, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board.

6.5 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 concerned.

6.6 Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties willjointly bear the expenses of the Chainnan of the Arbitration Board.

ARTICLE 7 -STEWARDS

7.01 The Union shall have the right to appoint or elect one (1) Steward and one (I) alternate Steward in each yard to assist employees in presenting their grievances to the Employer, and supervise the administration of this Agreement.

The Union agrees that it will keep the Employer supplied with a list of the Stewards and officers and any changes that occur.

It is understood that a Steward's duties shall in no way conflict with his/her duties to the Employer, and he/she shall be held responsible for the same quantity and quality of work as other employees.

One recognized Union Steward in each yard will have top seniority in his/her yard, and

during seasonal layoff will be the last employee in his/her classification to be laid off or transferred out of his/her yard.

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•' ,\

Steward will not be paid outside working hours for Union Business.

ARTICLE 8 -NO STRIKE, NO LOCKOUT

8.01 During the term of this Agreement the Union agrees that there shall be no strike, and the Employer agrees that there shall be no lockout.

8.02 The words" strike" and "lockout" as defined in this Agreement shall mean "strike" and "lock-out" as defined in the Ontario Labour Relations Act.

ARTICLE 9-HOURS OF WORK

9.1 It is understood that employees shall take one-half hour for lunch without pay during the working period between the fourth hour and to be completed by the end of the sixth hour worked. An employee shall not be required to take more than such half-hour. However, an employee who requires an additional meal period may arrange with the dispatcher for an extra half-hour off without pay.

9.2 Time and one-half the regular rate will be paid for any work performed in excess of nine (9)hours' per day Monday through Thursday and after eight (8) hours on Friday and forty four (44) hours per work week.

9.3 One and one-half the regular rate shall be paid for all work perfonned on Saturday,

9.4 Double the employee's regular rate shall be paid for all work perfonned on Sunday, and Continuous time worked past 9 PM.

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9.5 To the extent that hours are compensated for at overtime rates under one provision they shall not be counted as hours worked in determining overtime under the same or any other provision.

9.6 Overtime will be equitably distributed among the employees who regularly perform such duties.

9.7 A night shift premium of fifty cents ($0.50) per hour shall be added to the hourly rate of maintenance and garage personnel who are assigned to a regular night shift at straight time rates. A regular night shift means a shift occurring for three or more consecutive working days, and the shift premium shall 'be paid for all hours worked after 17:00 (5:00 p.m.).

9.8 Notwithstanding the provisions contained herein, the parties to this Collective Agreement shall, providing it is mutually agreed and reduced to writing, be free to introduce a system, which varies the work procedures or work schedule contained in the Agreement for a special job or project. In case of an emergency, or if an ongoing project requires Sunday or a Statutory holiday work, as requirement of the customer, the rate of pay may be changed to time and one-half provided the parties agree. The conditions agreed to for the specific job or project shall be maintained for the duration of the specific job or project.

Should either of the parties wish to discontinue the new system, two weeks' notice to the other party shall result in the reversion to the provisions contained herein, or such other system as the parties may decide.

ARTICLE 10-PAID HOLIDAYS

I 0.1 The following holidays when not worked shall be paid for at the regular rate of pay. An employee will forfeit pay for the holiday if he/she has been absent without permission on the last scheduled shift before the holiday or the first scheduled shift following the holiday, unless such absence is due to bona fide illness. The Employer may require a medical certificate as proof of illness.

New Year's Day Thanksgiving Day Canada Day Family Day

Labour Day Victoria Day

Boxing Day

Good Friday

Christmas Day

Civic Holiday

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I 0.2 The basis of pay referred to in the preceding paragraph shall be nine (9) hours at the straight time rate.

I 0.03 Double the regular rate shall be paid for all work performed on such a holiday, in addition to the holiday pay.

10.04 No employee shall be eligible for a Holiday pay unless he has worked within the fourteen (14) day period prior to the Holiday. Additionally, no employee shall be eligible for holiday pay unless he has worked the scheduled shift immediately prior and the scheduled shift immediately after the Holiday, unless excused by the District Manager on account of verifiable sickness, accident, or death in the family

ARTICLE 11-0THER WORK

11.01 When an employee's usual work is temporarily not available, he/she may be required to perform any work which the Employer has for him/her, with the understanding that when such an employee is assigned to a job with lesser rate of pay, his/her regular rate of pay will be continued. This arrangement does not apply to those instances where the employee is assigned to other work because he/she has not been satisfactorily performing his/her regular work, or lack of work in his/her regular job in order to avoid laying him/her off. In these latter cases the employee will accept the rate of pay for the job to which he/she is assigned.

An employee shall not be compelled to do other work if he/she is unable to perform such work by reason of physical or other disability.

ARTICLE 12-SENIORITY

12.01 New employees will serve a probationary period of ninety (90) working days, before acquiring seniority rights. Seniority will date back to the last date of hiring with the Company within this bargaining unit. Seniority will only be maintained in the location the employee works out of (Amprior or Ashton Plants). Union dues are payable by the employee upon date of hire.

12.2 In all cases of promotion, increase or decrease of working forces, the following factors shall be considered and where (b) and (c) are relatively equal seniority shall govern;

(a) Seniority (b) Requirements of the job (c) Ability to meet these job requirements and maintain efficient services

12.3 The Employer shall maintain seniority records which will be open for inspection by duly recognized representatives of the Union and shall provide the Union with separate seniority lists on January 15.

12.4 Seniority will not be broken due to absence from employment because of sickness, accident, or otherunavoidable reasons, which justify such absence.

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12.5 An employee whose normal duties include driving an Employer's vehicle and whose driving license is suspended by Government action for up to twelve (12) months shall be given leave of absence without loss of seniority and without pay until his driving privileges have been restored. Suspension of a driver's license for a period in excess of fifteen ( 15) months may at the discretion of the Employer result in the discharge of the employee concerned. This does not apply if such suspension is related to the use of a Company vehicle.

An Employee whose regular duties involve driving of company vehicles and who loses ·his/her license for medical reasons shall be permitted to displace the most junior employee provided he/she has the ability to perform the required work and is prepared to accept the applicable rate of pay.

Any ernployee whose normal duties include driving an Employer vehicle, whose license is suspended by Government action, must so notifY the Employer in writing immediately. An employee who fails to do so shall be subject to discharge.

ARTICLE 13-LEA VE OF ABSENCE

13.01 (a) UNION BUSINESS: Any employee requested to attend labour conventions or to service in the capacity on official union business, shall be granted a leave of absence without pay and without loss of seniority. Such requests may be given by a telephone call from the business agent and confirmed by a letter from the Union.

(b) PERSONAL REASONS: Any employee may apply in writing for a leave of absence for legitimate personal reasons. Approval of such a request will be at the discretion of the Employer and shall not unreasonably be withheld. The Employer shall reply in writing to such requests and forward a copy immediately to the Union.

(c.) If the employee returns to the Employer before the established termination date of such leave of absence, he/she shall work from the bottom of the seniority list. At the expiration of the leave of absence originally granted, her/she shall be reinstated to his/her regular place on the seniority list.

ARTICLE 14-TERMINATION OF SENORITY

14.1 An employee shall lose his/her seniority and employment ifhe/she:

(a) Voluntarily quits the employ of the Employer;

(b) Is discharged and not reinstated through the Grievance Procedure;

(c) Is laid off and is not re-employed within eighteen (18) months from the date oflayoff;

(d) Fails to return to work within eight (8) days after he/she has been notified by the Employer by registered mail, or ifb.e/she fails to advise the Employer within five (5) days thereafter of his/her intention to return and including a request for extension which shall not extend beyond an additional seven (7) days.

(e) Absent without authorization and/or notice for three continuous days. (f) [s continuously absent from work for any reason other than layoff for a period of longer than thirty six (36) months provided there is no medical evidence of the employee's ability to return to the workplace.

14.2 An employee who is requested to return to work and is not immediately available may be passed over and a more junior employee may be called instead, subject to displacement by the more senior employee when he/she does report for work within five (5) days of notification to do so.

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•• 14.3 Notice sent by the Employer to an employee's last recorded address shall be sufficient and

effective notice. It is the employee's responsibility to keep the Employer advised as to his/her address and telephone number and any changes that occur.

14.4 If an employee is transferred out of the bargaining unit, he/she shall retain the seniority he/she has accumulated while in the bargaining unit. If such appointment is for a period of one (l) year or more, the employee, on return to the bargaining unit shall count the seniority he/she had accumulated while in the bargaining unit plus one (1) year's seniority while outside the unit. If the transfer is less than one (I) year, the employee shall count only the time in the bargaining unit plus the period outside the unit.

14.5 It is understood that it shall be a condition of employment that each employee have a telephone in working order ~d that he/she shall keep the Employer advised of his/her telephone number and any changes that may occur. The employee must also keep the employer advised of his/her address and any changes that may occur.

ARTICLE 15-DAIL Y CALL-IN

1 5.0 l Employees shall be called in strictly in the order of their seniority within their classification.

It is agreed that a senior employee, who has not worked eight (8) hours in a day, shall not be sent home before a junior employee, unless he/she chooses otherwise, while work is available.

A senior em.ployee will not receive less hours of work than a junior employee in the same classification, in a four (4) week period, commencing with the pay period next following January I in each year.

Immediately following the four (4) week period referred to in the above paragraph, the Employer agrees to supply the Union Steward with a list of hours worked for the Steward's use only.

ARTICLE 16 -VACATIONS

16.1 The vacation year shall be from June 1 to May 31 each year. Those employees who have not completed one (I) year of continuous service will receive vacation pay in accordance with the Ontario Employment Standards Act.

16.2 Employees who have completed one (1) to three (3) years of continuous service as of June 1, in any year shall receive two (2) weeks' vacation and vacation pay at the rate of four percent ( 4%).

Employees who have completed four (4) or more years of continuous service as of June I, in any year shall receive three (3) weeks' vacation and vacation pay at the rate of six percent (6%).

Employees who have completed ten (10) or more years of continuous Service as of June 1, in any year shall receive four ( 4) weeks' vacation and vacation pay at the rate of eight percent (8%).

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Employees who have completed twenty (20) or more years of Continuous service as of June I, in any year shall receive five (5) weeks' vacation and, vacation pay at the rate often percent ( l 0%)

Employees who have been laid off for a period of one (I) month or more may not be required to take vacation.

16.3 I fa paid Holiday falls within an employee's vacation period, he shall be granted another day with pay or a day's pay in lieu thereof. The option shall rest with the employee and he shall make his choice known prior to going on vacation.

16.4 I fan employee's employment is terminated for any reason whatsoever, he will be paid his accumulated credits.

16.5 An employee's vacation pay will be allowed to accumulate and held in trust by the employer for payment once per calendar year. Payment for vacation Pay will be made during the first fifteen ( 15) days of September. Employees who so request shall have their vacation pay issues in conjunction with their holidays.

16.6 A vacation schedule shall be posted each year once the plant opens at which time the employees shall indicate their preference of vacation dates. The employer shall post a final vacation planner once the employees have chosen the dates, this time period shall not exceed 30 days. Vacations shall be accorded by classification seniority and according to production requirements. Subsequent changes shall be made only by manual agreement. Vacation length in excess of two (2) weeks can only be approved by management and on an exception basis only.

16.7 Employees, once on vacation, cannot be compelled to return to work during their scheduled vacation period.

16.8 Vacations must be taken annually and cannot be accumulated from year to year.

16.9 It is agreed that vacation pay will be based on the first pay period following his/her anniversary date of employment.

ARTICLE 17-BEREAVEMENT PAY & JURY DUTY PAY

17.1 The Employer will grant upon request, up to three (3) working days leave of absence with pay in the event of the death of an employee's father, mother, spouse, child, brother, sister, father-in-law, mother-in-law. Such leave of absence is not automatic and shall only be granted when the circumstances require for the purpose of attending the funeral or making funeral arrangements. These working days need not necessarily be consecutive. A fourth (4th) day shall be applicable for the death of a spouse or child. Two (2) days shall be applicable for the death of a brother-in-law or sister-in-law.

17.2 A Jury Duty provision is applicable for employees who lose work time as a result of required Jury Duty. They will receive a maximum of thirty (30) days applicable in any calendar month. A receipt from the appropriate court must be presented to the office indicating the amount reimbursed for Jury service which shall be deducted from the amounts reimbursed by the Company. Payment is limited to a maximum of eight (8) hours per day.

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ARTICLE 18 -RATES OF PAY

18.01 The Company agrees to pay and the Union agrees to accept for the term of the Agreement the following hourly wage rate:

Eff. 12/06/15 12/06/16 12/06/17 12/06/18 ratification

Ashton Ready_ Mix Driver $22.60 $23.00 $23.45 $23.95 MaiQ.tenance $26.40 $26.80 $27.25 $27.75

Arnorior Ready Mix Driver $22.60 $23.00 $23.45 $23.95 Batcher Dispatcher $22.90 $23.30 $23.75 $24.25

18.02 a) $ 0.30 premium is paid above rate in order to perform Loader Operator or Batcher position b). $ 0.50 premium is paid above rate if Ready Mix Driver required to operate tractor trailer

$24.45 $28.25

$24.45 $24.75

c). Inexperienced new Employees for a period of no more than one (1) year from their original date of hire may be paid two dollars ($2.00) an hour less than the established rate for the position. The Employer is to be the judge as to whether the new Employee is inexperienced. The driver will then be brought to established rate. The decision must be communicated to all parties (Company, Union and employee) at the time of hire. d) $1.00 premium is paid in order to perform Lead Hand Batcher position.

18.03 The sum of ($30.00) per month shall be paid to maintenance employees as a tool

allowance. Payment is to be made in installments on the second pay day of June and

December in each year on a pro rate basis, for those months during which he performed

work for the employer.

18.04 When new types of equipment or new classifications of employment for which rates of pay are

not established by this Agreement are put into operation, the rates governing such operations

shall be subject to negotiation between the parties, and if such negotiations do not result in

agreement, the dispute will be settled as if it were a grievance arising under the provisions of

the Agreement.

18.5 Pay shall be issued weekly not later than Friday through direct deposit. Company will continue to endeavor to pay on Thursday.

18.6 The employee will earn twenty (20) dollars per month worked on an annual basis towards the purchase of safety shoes. The Company will release to the employee each year upon presentation of receipts the accrued amount. The safety shoes must be steel toed and meet all minimal regulatory and company standards.

ARTICLE 19-WORKING CONDITIONS

I 9.1 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.

19.2 Employees shall report immediately, in complete detail, all accidents, including the names and addresses of all witnesses to the accident.

19.3 Employees shall report promptly to the Employer in writing, all defects in equipment.

19.4 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 Employer, is not in good mechanical condition.

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19.5 No employee shall allow anyone other than employees who are on duty to ride in his truck.

19.6 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/herself that the terms of this Agreement are being complied with.

19.7 The Employer will provide bulletin boards in mutually satisfactory locations in all yards for the use of the Union in posting notices of Union activities. Such notices must be signed by an official of the Union and submitted to the Company before posting.

19.8 All trucks will be equipped with an adequate heater, defroster, sun visor, and windshield washer.

19.9 Machines operating outside during the winter months shall be equipped with heaters and have adequate cab protection against weather.

19.10 When it is necessary to clean trucks with acid, rubber suits, safety goggles, and rubber gloves will be. provided by the Employer.

19.11 Employees shall not be required to clean trucks outside in below freezing weather.

19. 12 Batching plants shall be ventilated and heated.

19.13 The Employer will provide an adequate lunchroom for all employees.

19.14 The Company will provide clean and sanitary washrooms at all times.

19.15 The company will install water coolers and an adequate supply of fresh drinking water where required.

19.16 The company agrees to supply coveralls to the hatcher, mechanics, and maintenance and machine operators. Truck drivers will be required to grease or maintain equipment will be provided with a pair of coveralls. The employer agrees to supply glove~ when required.

ARTICLE 20-JOB POSTING

20.1 lfthe Company decides to add or replace a position, it shall be posted on shop bulletin boards for a period of forty-eight ( 48) working hours. Such notice shall specify the shift on which the vacancy occurs. The time posted, the date, and closing time shall be noted on such notice.

Employees shall be permitted to bid on such vacant positions. All bids are to be made iii writing and are to be in duplicate; one copy to the Employer and one copy to the Union Steward. An applicant employee, if qualified, shall be given the position should it be necessary to fill the vacancy.

ARTICLE 21-UNION CO-OPERATION

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

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, . . 21.2 The Union agrees to co-operate with the Employer in maintaining and improving safe working

conditions and practices; in improving the cleanliness and good housekeeping of the premises,

machinery and equipment, and in upholding the laws in reference to driving.

21.3 The Union recognizes the need for improved methods and output in the interests ofthe employees and the business, and agrees to co-operate with the Employer in the installation of such methods in suggesting improved methods, and in the education of its members in the necessity for such changes and improvements.

21.4 The Union recognizes the need for conservation and the elimination of waste and agrees to cooperate with the Employer in suggesting and practicing methods in the interest of conservation and waste elimination.

ARTICLE 22 -REPORTING ALLOWANCE

22.0 I An employee who reports for work at his/her booked time and is not provided with at least four (4) hours work shall be paid for at least four (4) hours. This does not apply if the employee has been notified not to come ·into work. Such notice to cance I shall be given one (I) hour prior to scheduled starting time. ·

In the event an employee is required thereafter, the senior employee shall be called and, if cannot be reached, Employees shall be called in order of seniority

ARTICLE 23-WELFARE PLAN

23.1 The Company agrees to pay the premiums to an insurance carrier on behalf of employees who have completed their probationary period and who work at least three (3) days per month. The Company will pay the premium for insurance. The benefits plan will be paid on behalf of the employees based on levels established by the Company. The schedule of benefits of the health care plan shall be in line with that offered to employees of ESSROC Canada, Inc.

23.2 Three (3) days of work per month shall entitle any employee who has served his/her probationary period to the coverage outlined in 23.1.

23.3 A new employee has to complete a ninety (90) working day probationary period before becoming eligible.

23.4 Effective January I, 2015, the above RRSP contribution and match program will be discontinued.

At that point the following contribution and matching structures will be initiated,

Company Contribution: 3.0% of the employees' earnings.

Employee Contributions: Employees may contribute towards the RRSP and the company

Will match 50% up to the first 3% the employee contributes.

ARTICLE24-DURATION OF AGREEMENT

24.1 Unless changed by mutual consent, the terms of this Agreement shall continue in effect until December 6, 2019 and shall continue in effect automatically thereafter for annual periods of one (I) year each unless either party notifies the other in writing within a period of three (3) months immediately prior to the expiration date that it desires to amend the Agreement.

24.2 Negotiations shall begin within fifteen ( 15) days following notifications for amendments as provided in the preceding paragraph.

141Pll!7P.

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24.3 lf, pursuant to such negotiations, an agreement is not reached on the renewal or amendment of this Agreement prior to the current expiry date, this Agreement shall continue in full force until a new Agreement is signed between the parties or until conciliation proceedings prescribed under the Ontario Labour Relations Act, have been completed, whichever date should first occur.

IN WITNESS WHEREOF each of the parties hereto have caused Agreement to be signed by its duly authorized representative as ofthe date and year first above written.

FOB. TUE EMPLOYER ltalcementi (Essroc Canada

FOR TilE UNION

Teamsters Local Union No. 230

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. .. .

APPENDIX A

READY MIX DRIVERS

The Employer agrees that no active Ready Mix Drivers who have attained seniority shall be displaced as a result of the engagement of other firms to perform work normally performed by Ready Mix Drivers during the life of this Agreement.

For the purpose of this paragraph an active driver is one who has worked at least one week ( 1) within the preceding four ( 4) consecutive week period.

Dated this. / ~ .1{,...._ day ur /J{}vc b--c.t .. 20 I 't

FOR THE EMPLOYER

Essroc Italcementi Group (Essroc fl llada Inc.)

FOR THE UNION

Teamsters Local Union No. 230

Ken Hall, Business Representative