Collective Agreement Template SIGNATURES · inform all new employees of the contractual relationship between the Employer and the Union. Before commencing work, any new employee will

COLLECTIVE AGREEMENT Between GREATER ESSEX ELECTRICAL 2016 INC.

and CLAC LOCAL 53

DURATION: March 28, 2020 – April 1, 2023

COLLECTIVE AGREEMENT Between GREATER ESSEX ELECTRICAL 2016 INC. (hereinafter referred to as "the Employer")

and CONSTRUCTION WORKERS UNION, CLAC LOCAL 53 (hereinafter referred to as "the Union")

DURATION: March 28, 2020 – April 1, 2023

TABLE OF CONTENTS

Article 1 - Purpose .............................................................................. 1

Article 2 - Recognition ........................................................................ 2

Article 3 - Union Representation ........................................................ 4

Article 4 - Strikes And Lockouts .......................................................... 5

Article 5 - Employment Policy And Union Membership ...................... 6

Article 6 - Union Dues ......................................................................... 7

Article 7 - Classifications And Rates Of Pay ......................................... 8

Article 8 - Hours Of Work ................................................................... 9

Article 9 - Vacations And Vacation Pay ............................................. 10

Article 10 - Holidays .......................................................................... 10

Article 11 - Seniority And Layoffs ...................................................... 11

Article 12 - Health Benefits And Pension .......................................... 12

Article 13 - Union Funds ................................................................... 18

Article 14 - Transportation And Travel Time ..................................... 18

Article 15 - Tools ............................................................................... 20

Article 16 - Protective Equipment ..................................................... 22

Article 17 - Rest Periods.................................................................... 22

Article 18 - Leaves Of Absence And Bereavement Pay ..................... 23

Article 19 - Apprenticeship ............................................................... 24

Article 20 - General ........................................................................... 26

Article 21 - Grievance Procedure ...................................................... 26

Article 22 - Arbitration ...................................................................... 28

Article 23 - Discharge, Suspension And Warning .............................. 30

Article 24 - Duration ......................................................................... 32

Schedule “A” - Classifications And Rates Of Pay ............................... 33

Schedule “B” - Benefit Coverage Summary ...................................... 36

GREATER ESSEX ELECTRICAL 2016 INC. COLLECTIVE AGREEMENT: March 28, 2020 – April 1, 2023

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COLLECTIVE AGREEMENT

ARTICLE 1 - PURPOSE

1.01 It is the intent and purpose of the parties to this Agreement, which has been negotiated and entered into in good faith:

a. to recognize mutually the respective rights, responsibilities and functions of the parties hereto;

b. to provide and maintain working conditions, hours of work, wage rates and benefits set forth herein;

c. to establish an orderly system for the promotion, transfer, layoff and recall of employees;

d. to establish a just and prompt procedure for the disposition of grievances;

e. and generally, through the full and fair administration of all the terms and provisions contained herein, to develop and achieve a relationship between the Union, the Employer and the employees which will be conducive to their mutual well-being.

1.02 It is agreed that the omissions of specific mention in this Agreement of existing rights and privileges established or recognized by the Employer shall not be construed to deprive employees of such rights and privileges.

1.03 Wherever the singular or masculine are used in this Agreement, the same shall be construed to mean the plural or the feminine where required in context.


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ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the sole bargaining agent of all its construction employees employed in all sectors of the construction industry in the Province of Ontario save and except non-working forepersons and persons above the rank of non-working foreperson.

2.02 Except in case of emergency, non-working foremen, supervisors and other non-bargaining unit (employees) personnel shall not perform work included in work or job classifications under this Agreement and normally performed by members of the bargaining unit.

2.03 There shall be no revision, amendment or alteration of the bargaining unit as defined herein or of any of the terms and provisions of this Agreement or subcontracting of any work normally done by any employee in the bargaining unit, save and except by the mutual agreement in writing of the parties hereto. Without limiting the generality of the foregoing, no classification of work or jobs may be removed from the bargaining unit except by the mutual agreement in writing of the parties.

2.04 The Employer agrees that the duly appointed representatives of the Christian Labour Association of Canada are authorized to act on behalf of the Union for the purposes of supervising, administering and negotiating the terms and conditions of this Agreement and all matters related thereto.

2.05 The Union acknowledges that it is the function of the Employer:


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a. to manage the enterprise, including, but not limited to, the scheduling of work and the control of materials;

b. to maintain order, discipline and efficiency and to make, alter and amend rules of conduct and procedure for employees provided that such rules are consistent with the purpose and terms of this Agreement and are administered in a fair and reasonable manner;

c. to hire, direct, transfer, promote, demote, layoff, suspend and discharge provided that such actions are consistent with the purpose and terms of this Agreement and provided that a claim by any employee that he has been disciplined or discharged without just cause, will be subject to the grievance procedure.

The foregoing enumeration of management rights shall not be deemed to exclude other rights of management not specifically set forth; the Employer, therefore, retaining all functions not otherwise specifically restricted by this Agreement.

2.06 The Employer may subcontract work where:

a. he does not possess the necessary facilities or equipment;

b. he does not have and/or cannot acquire the required manpower;

c. he cannot perform the work in a manner that is competitive in terms of cost, quality and within projected time limits.

Work normally performed by members of the bargaining unit will not be subcontracted if employees qualified to the work are on layoff or if employees qualified to do the work


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must be laid off, transferred, demoted or discharged as a result of the subcontracting of work.

ARTICLE 3 - UNION REPRESENTATION

3.01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows:

a. The Union has the right to appoint stewards. The stewards are representatives of the employees in certain matters pertaining to this Agreement including the processing of grievances.

b. CLAC representatives are representatives of the employees in all matter pertaining to this Agreement, particularly for the purpose of processing grievances, negotiating amendments or renewals of this Agreement and of enforcing the employees' collective bargaining rights and any other rights under this Agreement and under the law.

3.02 The Union and the CLAC agree to notify the Employer in writing of the names of its officials and the effective dates of their appointments.

3.03 Stewards will not absent themselves from their work to deal with grievances without first obtaining the permission of the Employer. Permission will not be withheld unreasonably and the Employer will pay such stewards at their regular hourly rate while attending to such matters. Together with the Employer, stewards will try to arrange a meeting to resolve grievances immediately after the same working day that the grievance aired.


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3.04 Stewards and/or members of a negotiating committee will be paid their regular hourly rates while attending negotiations of a collective agreement with the Employer whenever this takes place during the regular working hours of the employees concerned at the request of the Employer.

3.05 The Employer may meet periodically with his employees for the purpose of discussing any matter of mutual interest or concern to the Employer, the Union and the employees. A CLAC representative may attend such meetings if requested by an employee.

3.06 There shall be no Union activity on Employer's time or on Employer's premises except that which is necessary for the processing of grievances and the administration and enforcement of this Agreement.

3.07 CLAC representatives shall have access to the Employer's jobs at any time during normal working hours. If the owner of the project refuses to allow a CLAC representative on the job, the Employer shall attempt, within reason, to obtain permission.

ARTICLE 4 - STRIKES and LOCKOUTS

4.01 During the term of this Agreement or while negotiations for a further agreement are being held, the Union will not permit or encourage any strike, slowdown or any stoppage of work or otherwise restrict or interfere with the Employer's operation through its members.

4.02 During the term of this Agreement or while negotiations for a further agreement are being held, the Employer will not engage in any lockout of its employees or deliberately restrict


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or reduce the hours of work or deliberately send employees home when this is not warranted by the workload.

ARTICLE 5 - EMPLOYMENT POLICY AND UNION MEMBERSHIP

5.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force. The Employer will notify the Union of manpower requirements, giving as much prior notice as possible. The Union will provide a list of manpower available. The Employer, at its discretion, may hire the employees listed or from other sources.

5.02 a. The Employer has the right to hire new employees as

needed provided that no new employee(s) will be hired while there are available employees on temporary layoff qualified to do the work. However, this clause shall not apply in the event that there are employees whose employment has been severed through a permanent layoff.

b. The Employer shall promptly notify the Union of the names, addresses and telephone numbers of employees who are laid off, recalled or newly hired.

5.03 New employees shall serve a probationary period of up to four (4) calendar months.

5.04 Probationary employees are covered by this Agreement excepting those provisions which specifically exclude such employees.

5.05 Neither the Employer nor the Union will compel employees to join the Union. The Employer will not discriminate against any employee because of Union membership or lack of it and will


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inform all new employees of the contractual relationship between the Employer and the Union. Before commencing work, any new employee will be referred by the Employer to a steward or a CLAC representative an opportunity to describe the Union's purposes and representation policies to such new employees. The Employer will also distribute a CLAC Welcome Package at the time of hiring for all new employees.

5.06 The Union agrees that it will make membership in the Union available to all employees covered by the Agreement on the same terms and conditions as are applicable to other members of the Union.

ARTICLE 6 - UNION DUES

6.01 The Employer agrees to deduct from each employee, from the commencement of his employment, an amount equal to union dues as set by the National Convention of the Union, as well as any administrative dues owing by an employee. Should the Employer fail to deduct such dues, the Employer shall pay the amounts not collected via the regular monthly deductions.

6.02 The total amount deducted will be turned over to the Union, each month, by the 15th of the month following the month for which the deduction was made, together with an itemized list of the employees for whom the deductions are made and the amount deducted from each.

6.03 The Union has a conscientious objection policy for employees who cannot support the Union with their dues for reasons of conscience, as determined by the Union’s internal guidelines of what constitutes a conscientious objection.


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ARTICLE 7 - CLASSIFICATIONS AND RATES OF PAY

7.01 Wage schedules applicable to various job classifications are as set forth on Schedule A.

7.02 Additional classifications may be established only by mutual agreement between the Employer and the Union during the term of this Agreement and the rates for same shall be subject to negotiation between the Employer and the Union.

7.03 If an employee reports for scheduled work in the usual manner and is prevented from starting work and this is due to any cause within the control of the Employer, he shall be paid three (3) hours' wages.

7.04 If the employee is prevented from starting work and this is due to any cause not within the control of the Employer, the three (3) hours' wages shall not be paid. Alternative work may be offered if it is available.

7.05 Wages will be paid on a weekly basis by cheque. Employees shall receive paycheques on Friday.

7.06 Employee timesheets are to be filled in accurately and legibly. Employees must submit timesheets to the office no later than 12:00 p.m. (noon) each Monday or the first scheduled work day in the regularly scheduled workweek. Failure to submit timesheets by this deadline may result in a delay to receive pay. All employees are required to verify their weekly hours with their supervisor and to first address concerns to their supervisor if they feel that they have not been paid for the correct number of hours. The payroll department verifies all hours to the supervisor’s sheet when a discrepancy has occurred.


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ARTICLE 8 - HOURS OF WORK

8.01 The regular workweek shall consist of forty-four (44) hours, Monday to Saturday inclusive. Such hours shall not be construed as a guarantee of hours per week.

8.02 Employees who are required to perform work in excess of forty-four (44) hours per workweek or in excess of ten (10) hours per day shall be paid at the rate of one and one-half (1½x) times the regular rate. It is understood that this shall not lead to the pyramiding of overtime rate (i.e. one and half times the overtime rate).

8.03 There shall be no scheduled work done on Sunday. If circumstances necessitate work on Sunday, time worked shall be paid at the rate of two (2x) times the regular rate of pay for such hours irrespective of weekly hours.

8.04 Employees shall be paid a half hour (1/2 hr) of pay each work day in recognition of a paid lunch break period as well as loading and unloading work at the beginning or end of shift. To qualify for this half hour, employees must report for work twenty (20) minutes prior to the beginning of the work shift. Failure to report for work by this time may result in the non-payment of the half hour.

8.05 Employees who are requested to perform service calls outside of their regular working hours shall receive one and one-half (1½x) times the regular rate of pay for all hours from quitting time until 11:00 p.m. and two (2x) times the regular rate of pay for all hours from 11:00 p.m. until starting time in the a.m. Employees will be paid from the time they leave their residence until the time they return to their residence. Any employee shall have the right to refuse service calls.


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ARTICLE 9 - VACATIONS and VACATION PAY

9.01 Employees shall be entitled to vacation pay according to the following:

Service Vacation Pay

At hire, up to three years of service

4% of gross annual earnings

After four years of service, up to nine years of service


After ten years of service, up to fourteen years of service


After fifteen years of service 10% of gross annual

earnings

9.02 The Employer shall endeavour to grant vacations at the times

requested in the vacation seasons or periods, considering business requirements.

9.03 The Employer will remit monthly amounts for each employee as per Article 9.01, by the 15th of the following month to the Union Vacation Trust. The Union will be solely responsible for management of the fund, including payments to employees.

ARTICLE 10 - HOLIDAYS

10.01 The Employer agrees to pay for eight (8) hours at the employee’s regular hourly rate for the following ten (10) holidays:

New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day.


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Hours paid as Statutory Holiday Pay shall not contribute to the weekly overtime threshold.

10.02 If employees are required to work on any of the ten (10) days as outlined in Article 10.01, they shall be paid at two (2x) times their regular rate of pay.

ARTICLE 11 - SENIORITY and LAYOFFS

11.01 Seniority is the employee's length of service with the Employer. In case of layoffs the Employer will give consideration to the seniority of employees. For clarity, the Employer shall layoff off probationary employees first. If further layoff of regular employees is required, the Employer is not obligated to layoff employees in any particular order, but will give consideration to length of service when determining the order of layoff.

11.02 Seniority lists shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.

11.03 Grounds for termination exist and seniority rights cease for any employee who:

voluntarily quits the employ of the Employer;

is discharged and such discharge be not reversed through the grievance procedure;

is laid off for a continuous period of more than six (6) consecutive months;

fails to return to work within seven (7) workdays after notification to his address on record with the Employer or


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fails to notify the Employer within two (2) workdays of his intention to return.

is absent from work for two (2) full workdays, without a justifiable reason for not notifying the employer.

11.04 The Employer shall give one (1) week’s notice of layoff to the employees affected provided the layoff is expected to be longer than three (3) consecutive weeks. If a layoff of less than three (3) weeks is expected, the Employer will provide as much notice as is possible and may just provide standing notice of layoff during slow periods.

11.05 The Employer shall not be required to give one (1) week's notice of layoff when equipment failure or shortage of material cause a stoppage of operation or inclement weather interferes with the Employer's operation.

11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within three (3) workdays after the layoff took place.

11.07 Any employee laid off and recalled for work must return within two (2) workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled or make definite arrangements with the Employer to return.

ARTICLE 12 - HEALTH BENEFITS AND PENSION

12.01 In order to protect employees and their families from the financial hazard of illness or accident and to provide them with pension benefits as prescribed in the Union Pension Plan, the Employer agrees to maintain the current group benefits plan with Sun Life for the duration of the term of the Collective


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Agreement at the current benefit levels (as set out in Schedule B) and to participate in the CLAC Pension Plan.

12.02 The Employer shall enrol all eligible employees (those who have completed probationary period) in the group benefit plan.

12.03 The Employer shall pay one hundred percent (100%) of the monthly insurance premium for each eligible employee.

12.04 In the event that an eligible employee has elected to waive coverage under the group benefit plan, and can demonstrate that he has other benefit coverage through a spouse, the employer shall pay the employee an in lieu of benefits payment of an additional $25.00 per week.

12.05 Commencing at the start of the third year of this Agreement, the Employer will add a Long Term Disability Plan to the group benefit plan in accordance with the specific plan terms set out in Schedule B. The premium cost for the Long Term Disability Plan will be paid by the employee and the Employer will deduct such amount from each employee’s pay. The Employer will remit these amounts along with the monthly insurance premiums.

12.06 When an employee acquires new dependents, it shall be the employee's responsibility to promptly inform the Employer thus assuring coverage of such dependents under applicable insurance programs.

12.07 In the event an employee is attending trade school, the Employer shall continue to pay the premiums for all the insurances on behalf of such employee for the duration of his time in school.


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12.08 In the event an employee is granted an approved leave of absence, the Employer shall continue to pay the premiums for all the insurances on behalf of such employee for a period of not less than two (2) weeks.

12.09 In the event an employee is unable to continue work due to a layoff, the Employer shall continue to pay the premiums for all the insurances on behalf of such employee for a period of the month in which layoff occurs, plus one (1) additional month.

If the employee has completed five (5) or more years of service, premiums shall be paid for the employee for a period of the month in which layoff occurs, plus an additional two (2) months.

12.10 In the event an employee is unable to continue to work due to sickness or accident/injury which is not job-related, the Employer shall continue to pay the premiums for all insurances on behalf of such employee for a period of not less than two (2) months.

12.11 In the event an employee is unable to continue to work due to job-related sickness or accident/injury, the Employer shall continue to pay the premiums for all the insurances not covered by W.S.I.B. on behalf of such employee for the period of not less than twelve (12) months.

12.12 Christian Labour Association of Canada Pension Plan

The CLAC Pension Plan (“the Plan”), is a defined contribution, registered pension plan, which is registered with the Canada Revenue Agency and the Financial Services Commission of Ontario under #0398594, applies to all employees covered by this Collective Agreement.


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New employees will join the Plan immediately upon completing the probationary period.

Each pay period, the Employer agrees to contribute an Employer contribution to employee pension accounts equal to the sum of three (3%) percent of the employee’s hourly wage rate for each worked by the employee. This contribution shall be remitted to the applicable CLAC Remittance Team.

Effective March 1, 2018, the hourly Employer contribution shall be equal to four and one-half (4.5%) percent.

Effective March 1, 2019 the hourly Employer contribution shall be equal to six (6%) percent.

Effective April 1, 2022, the hourly Employer contribution shall be increased by thirty cents (30¢) per hour.

The Employer agrees to deduct, by way of payroll deduction, and remit to the RPC, additional voluntary employee pension contributions which are above and beyond those Employer contributions outlined in above. A request for such deductions shall be submitted to the Employer on a form provided by the Plan and a copy of the completed form shall be sent to the RPC along with the first remittance of such voluntary contributions.

The total amount of pension contributions remitted by the Employer, on an employee’s behalf, cannot exceed the annual maximum money purchase outlined by the Canada Revenue Agency. The Employer has no obligation to monitor the employee’s contribution made outside the employment relationship. For greater clarity, if the employee exceeds the annual maximum money purchase limit as a result of contributions made outside the employment relationship, the


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Employer shall not be liable for any tax consequence imposed on the employee.

The Employer will remit the employees’ and the Employer’s contributions to the RPC within fifteen (15) days following the end of the month for which contributions are payable, together with an itemized list of the employees and the amounts applicable to each. Employer, employee and voluntary contributions will be recorded separately on the remittance.

Where legislation prohibits an employee from contributing because of age, an amount equivalent to the Employer hourly contributions will be paid to that employee on each paycheque. This payment in-lieu of pension contributions will not be less than the amount that employee would have received if he/she were still contributing to the Plan.

The Union acknowledges and agrees that, other than remitting contributions to the Plan as set out in this Article, the Employer shall not be obligated to contribute toward the cost of pension benefits provided by the Plan or be responsible for providing such benefits.

The Employer and the Union will cooperate in providing the information required to administer the Plan on the employees’ behalf. The Plan staff shall be responsible for informing the employees about the Plan, which includes providing updated account statements of all contributions received, investment returns allocated, and the current account balance.

12.13 The Employer's contributions to the Pension Plan shall be recorded on a remittance sheet supplied by the Union. On this sheet the Employer will enter:


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i. name of employee; ii. total hours' worked during the month for which the

remittance is made; iii. date of termination (where applicable); iv. hourly rate of pay; v. total sum of Employer contributions.

The Employer will forward to the Union's Benefit Administration Office monthly, not later than the fifteenth (15th) of each month, the remittance sheet together with a cheque for the total amount of contributions for the Pension Plan and other Union Benefit Trust Funds. A copy will be forwarded to the Local 53 Office.

12.14 New hires When the Employer hires new employees who are not members of the Union, the Employer shall inform the Union and the Union's Benefit Administration Office of the hiring of such employees within two (2) weeks of the date of hiring and furnish them with the following information on the employee(s) involved:

i. name; ii. address; iii. date of birth; iv. telephone number; v. social insurance number; vi. family status; vii. date of hire; viii. occupation

12.15 All Employer contributions and employee deductions, such as

the Employer's contribution to the Pension Plan and


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deductions made off the employee's wages, such as Union dues, are a Trust Fund in the hands of the Employer until the money is paid to the Union.

ARTICLE 13 - UNION FUNDS

Education and Assistance Fund (E&A Fund)

13.01 The Employer shall contribute twenty ($0.20/hr) cents to the Union’s E&A Fund for each hour worked by each employee covered by this Agreement.

13.02 The Employer agrees to remit this amount to the Union on a monthly basis together with the Union dues remittance, but separately itemized.

Industry Fund

13.03 The Employer shall contribute twenty ($0.20/hr) cents to the Union’s Industry Fund for each hour worked by each employee covered by this Agreement.

13.04 The employer agrees to remit this amount to the Union on a monthly basis together with the Union dues remittance, but separately itemized.

ARTICLE 14 - TRANSPORTATION AND TRAVEL TIME

14.01 If an employee is asked to report to the Employer's shop and is then required by the Employer to use their personal vehicle for transportation to and from jobs during that shift, the owner shall be compensated for fuel and other expenses by a weekly stipend of twenty ($20) dollars per week pro-rated based on the number of times this occurred in that week. For clarity, if


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an employee voluntarily decides to drive their own vehicle, they shall not be eligible for the stipend.

14.02 Employees shall be obligated to travel together as much as possible to eliminate unnecessary car usage. No employee shall carry more than three (3) passengers plus the driver, for a total of four (4), in his car.

14.03 Travel: Jobsites located within Essex County

a. When employees are required to report directly to locations of work, there shall be no travel time paid. Paid time shall begin when the regular shift commences at the jobsite.

b. When employees are required to report to the Employer’s shop, employees shall be paid their regular hourly rate for all actual time travelling to and from the jobsite. Paid time shall begin from the time employees report to the shop and end when employees return to the shop. Paid time for travel shall not contribute to the weekly overtime threshold.

14.04 Travel: Jobsites located out of Essex County

Employees shall receive pay for travel time for sites of work located outside of Essex County. Employees shall be paid their regular hourly rate for all actual time travelling to and from jobsites. Paid time for travel shall not contribute to the weekly overtime threshold.

In cases of time paid for travel outside of Essex County, Google Maps set for shortest driving distance between the Employer’s shop and the location of work shall determine the length of time paid as travel time.


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35 to 65 km ½ Hour

66 to 100 km 1 Hour

100+ km Actual Time

For employees living within the Counties of Essex and Kent travel distances are measured from the Employer’s shop.

For employees residing outside of the Counties of Essex and Kent, travel distances are measured from their permanent residence to the jobsite.

Travel time shall be paid at the regular hourly rate. Travel time shall not contribute to the calculation of overtime under Article 8.02.

14.05 Employees on a service call shall have all the time used for driving to and from jobs included in their working hours and shall be paid for such time at the regular rate of pay or overtime rates which are applicable.

14.06 Travel Accommodations – The Employer shall provide mutually acceptable accommodation and a subsistence allowance of forty ($40.00) dollars for each day (paid holidays included) on out-of-town jobs where the employees are required to stay overnight.

ARTICLE 15 - TOOLS

15.01 Tool List (Apprentice Electricians)

Apprentices shall supply themselves with the following basic tools and be in possession of a complete list of tools upon becoming a Journeyperson Electrician:


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1st Year 2nd Year Tool Box & Pouch Chisel Strippers Allen Wrenches Side Cutters Nut Drivers Linesman’s Pliers Aviation Snips (L&R) Screwdrivers Cordless Drill Hammer Channel Locks 3rd Year Measuring Tape Hole Saw Kit Needle Nose Pliers Box End Wrenches File Hack Saw 4th Year Drywall Saw Socket Set Buzz Tester 9” Cable Cutters Category 3 Meter

Apprentices must be registered with the Ontario College of Trades (OCOT), shall keep their apprenticeship papers in order, and shall supply themselves with the above basic tools and be in possession of a complete list of tools upon becoming a Journeyperson Electrician. Apprentices shall be obligated to obtain a Certificate of Qualification within one year of completing their apprenticeship, as per the licensing requirement of the Ontario College of Trades.

15.02 The Employer shall furnish all other necessary tools or equipment and replace all bits, taps and hacksaw blades broken on the job.

15.03 The employee shall exercise the same responsibility for the Employer’s tools as he does for his own.


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15.04 Boot and Tool Allowance – The Employer agrees to reimburse all employees with twelve (12) months of service, or more, up to two hundred dollars ($200.00) per calendar year for the purchase of work-wear, safety footwear, and/or tools.

To be eligible for reimbursement, the employee must submit a receipt showing the purchase of work-wear, safety footwear, and/or tools.

Employees who become eligible mid-year shall have the annual amount pro-rated.

ARTICLE 16 - PROTECTIVE EQUIPMENT

16.01 Employees shall supply themselves with and wear at all times on the job an approved safety helmet, safety footwear, and safety glasses (where required). All other standard safety equipment is to be supplied by the Employer. Should the Employer provide uniforms, T’s, or jackets, the employees must wear the supplied work wear during scheduled work unless directed otherwise by the Employer.

16.02 All protective equipment shall be provided by and remain the property of the employer.

ARTICLE 17 - REST PERIODS

17.01 There shall be two (2) rest periods (or coffee breaks) with pay of fifteen (15) minutes' duration each, daily, one (1) in the morning and one (1) in the afternoon.

17.02 For work shifts longer than five (5) hours, there shall be a one-half (0.5) hour meal break.


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ARTICLE 18 - LEAVES OF ABSENCE AND BEREAVEMENT PAY

18.01 Employees who request a leave of absence shall give the Employer adequate notice. If adequate notice is not given, the leave may be refused.

18.02 The Employer shall grant leaves of absence without pay and

without loss of seniority rights in accordance with the Employment Standards Act. Example of such leaves include, but are not limited to:

a. marriage;

b. sickness in the immediate family;

c. death in the immediate family;

d. union activity other than this establishment;

e. childbirth or adoption;

f. military service.

18.03 The above shall not preclude extensions for personal illness

where it is established in an application prior to the expiration of the leave of absence that such request for extension is justified.

18.04 The immediate family in this Article shall mean: designated spouse and child(ren). Designated spouse means either a spouse by marriage or common law.

18.05 The extended family in this Article shall mean: mother, father, brother and sister.


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18.06 Relatives include those related by marriage and/or adoption.

18.07 Bereavement Leaves with pay:

a. If an employee is bereaved of a member of his immediate family as outlined in Article 18.04, the employee shall be granted a five (5) day leave with pay to make arrangements for and to attend the funeral. Pay shall be for days that the employee would normally have worked.

b. If an employee is bereaved of a member of his extended family as outlined in Article 18.05, the employee shall be granted a two (2) day leave with pay to make arrangements for and to attend the funeral. Pay shall be for days that the employee would normally have worked.

c. If an employee is bereaved of a grandparent, he shall be granted a one (1) day leave with pay to attend the funeral.

18.08 a. The days granted shall be between the date of death and

the day after the funeral.

b. To receive bereavement pay the employee must produce a note verifying attendance at the funeral.

18.09 The Employer will pay two (2) paid sick days. Sick days will be paid at eight (8) hours paid per day, at the employee’s regular wage rate.

ARTICLE 19 - APPRENTICESHIP

19.01 It is agreed that apprentices shall be paid in accordance with prevailing legislation. The percentage of the Journeyperson


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hourly wage rate and Pension hourly contribution shall be as follows:

First Year 40% Up to 1800 hours; no school completion required

Second Year 50% Up to 3600 hours; must complete 1st level (Basic) trade school

Third Year 60% Up to 5400 hours; must complete 2nd level (Intermediate) trade school

Fourth Year 70% Up to 7200 hours; must complete 3rd level (Advance) trade school

Fifth Year 80% All remaining hours

All accumulated hours worked prior to being registered as an Apprentice will be applied at the end of the apprenticeship contract.

No apprentice shall be withheld by the Employer from attending trade school.

19.02 The Employer will employ sufficient Journeypersons to remain within the established ratio of Journeypersons to Apprentices as provided for in the regulations of the Ministry of Labour or any other government legislation.

19.03 The Employer must register Apprentices with the appropriate governing body with ninety (90) days of the commencement of employment.


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ARTICLE 20 - GENERAL

20.01 Lunchroom - On jobsites where adequate facilities are not already present, the Employer may, where the duration and size of the job economically justifies the expenditure, provide a properly heated and maintained shelter to be used as a lunch room.

20.02 Dirty Jobs - When it is mutually agreed that a job is excessively dirty, the Employer shall make coveralls and gloves available to the employees who shall return them at the completion of the job. The coveralls shall be cleaned as required by the Employer. Dirty jobs shall be defined as those in which there is excessive carbon black, metal dust, grease, oil or chemicals. This shall not apply to tools and equipment.

20.03 Clean-up - On all jobs, employees shall be allowed time necessary prior to the normal workday quitting time in order to put away personal tools and Employer equipment and clean up.

20.04 Liquidated Damages – The Union may seek liquidated damages of one (1%) percent per month, non-compounding, for late remittance of dues, pension contributions and/or benefit premiums if the Employer can not show reasonable cause for the late remittance. If the parties are unable to agree on the amount owing, the complaint may be submitted to arbitration.

ARTICLE 21 - GRIEVANCE PROCEDURE

21.01 The parties to this Agreement recognize the stewards and the CLAC representatives specified in Article 3 as the agents


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thorough which employees shall process their grievances and receive settlement thereof.

21.02 Any employee having a Single Grievance will:

21.03 STEP 1 - accompanied by a steward or a CLAC representative, submit the same to his immediate supervisor within five (5) workdays of the act or condition causing the grievance. This supervisor will deal with the grievance not later than the third workday following the day upon which the grievance is submitted and will notify the grievor and Union representative of his decision in writing within three (3) workdays following the said meeting.

21.04 STEP 2 - If the grievance is not settled under Step 1, a Union representative may, within five (5) workdays of the decision under Step 1 or within five (5) workdays of the day this decision should have been made, submit a written grievance to the Employer. The parties shall meet to discuss the grievance within one (1) week after the grievance has been filed. The Employer shall notify the grievor and the Union representative of his decision in writing within three (3) workdays following the said meeting.

21.05 A Group Grievance is defined as a single grievance, signed by a steward or a CLAC representative, on behalf of the employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.

21.06 The Employer or the Union shall not be required to consider or process a Single or Group grievance which arises out of any action or condition more than five (5) workdays after the


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occurrence of the alleged infraction. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. At no time may an employee or a group of employees file a grievance on behalf of another employee.

21.07 A Policy Grievance is defined as one that involves a question relating to the interpretation or administration of this Agreement. A Policy Grievance may be submitted by either party to arbitration under Article 22, bypassing Step 1 and Step 2 of the grievance procedure. Such Policy Grievance shall be signed by a steward or a CLAC representative or, in the case of an Employer's Policy Grievance, by the Employer or his representative.

ARTICLE 22 - ARBITRATION

22.01 If the parties fail to settle the grievance at Step 2 of the grievance procedure, the grievance may be referred to arbitration under the following procedure.

22.02 The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure.

22.03 If a notice of desire to arbitrate is served, the two parties shall each nominate an arbitrator within seven (7) days of service and notify the other party of the name and address of its nominee. The two arbitrators so appointed shall attempt to select, by agreement, a chairman. If they are unable to agree upon a chairman within sever (7) days of their appointment,


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either party may request the Ministry of Labour to appoint an impartial chairman.

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

22.05 The decision of a majority is the decision of the arbitration board but, if there is no majority, the decision of the chairman of the arbitration board governs.

22.06 Notices of desire to arbitrate and of nominations of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service.

22.07 If a party refuses or neglects to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an arbitrator in accordance with the procedure outlined above, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties.

22.08 It is agreed that the arbitration board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out above where it appears that the default was owing to a reliance upon the words or conduct of the other party.

22.09 An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay calculated at hourly rates times normal working hours, day rates times normal working days or average earnings or


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average earnings less any monies earned or by any other arrangement which is just and equitable in the opinion of the arbitration board.

22.10 Where the arbitration board is of the opinion that there is proper cause for disciplining an employee but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the disciplinary action, the arbitration board may substitute a penalty that is fair and equitable and consistent with the provisions of this Agreement.

22.11 An arbitration board dealing with a complaint about a matter other than suspension or discharge shall be empowered to issue an award which is, in its opinion, just and equitable and which is consistent with the provisions of this Agreement.

22.12 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.

22.13 By mutual agreement, the parties may appoint a single arbitrator who will be invested with the same powers as the board of arbitration mentioned above.

22.14 Notwithstanding the arbitration procedure outlined above, a grievance may, at any time, be referred to the Ontario Labour Relations Board for arbitration under the provisions of the Labour Relations Act, 1995.

ARTICLE 23 - DISCHARGE, SUSPENSION AND WARNING

23.01 When the attitude or performance of an employee calls for disciplinary action, the Employer will endeavour to use


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progressive discipline, depending on the severity of the incident(s) requiring discipline. However, this does not prevent the Employer from issuing significant discipline, including discharge, when the offense warrants it, regardless of whether or not prior discipline was issued to that employee. In all cases where discipline is given, a steward must be present and a copy of the disciplinary notation shall be forwarded to the union office.

23.02 No matter of discipline shall be relied upon that is more than twenty-four (24) months in the past unless this is a reoccurrence that results in further documented discipline within that twenty-four (24) month period.

23.03 An employee, who has completed his probationary period, may be suspended or discharged for just cause by the Employer. Within five (5) workdays following the suspension or discharge, the employee involved, together with a Union representative, may interview the Employer concerning the reason leading to the suspension or discharge. Within five (5) workdays following the interview, the Union may file a grievance in relation to the disciplinary action.


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ARTICLE 24 - DURATION

24.01 This Agreement shall be effective on the twenty-eighth (28th) day of March two thousand and twenty (2020), and shall remain in effect until the first (1st) day of April two thousand and twenty-three (2023) and for further periods of one (1) year unless notice shall be given, by either party, of the desire to delete, change or amend any of the provisions contained herein within the period from ninety (90) to thirty (30) days prior to the renewal date. Should neither of the parties give such notice, this Agreement shall renew for a period of one (1) year.

DATED at ____________, ON, this ___ day of ____________, 20____ Signed on behalf of GREATER ESSEX ELECTRICAL 2016 INC. Per _____________________ Per _____________________ Signed on behalf of CONSTRUCTION WORKERS UNION, CLAC LOCAL 53 Per _____________________ Per _____________________


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SCHEDULE “A” CLASSIFICATIONS AND RATES OF PAY

ELECTRICAL

ICI

Wage Vac Pay

Stat Pay

Benefits Pension EAF I.F. Total

4-10%

April 1/20 $35.50 $3.55 $1.56 $1.30 $2.09 $0.21 $0.21 $44.42

April 1/21 $36.21 $3.62 $1.59 $1.33 $2.09 $0.22 $0.22 $45.28

April 1/22 $36.93 $3.69 $1.62 $1.37 $2.39 $0.23 $0.23 $46.46

ICI rate conditions

• In the event that the Employer takes on a project outside of the Counties of Essex, Kent or Lambton (i.e. OLRB Board Area 1 and 2) that by definition is work in the Industrial, Commercial, or Institutional Sector, the employer shall pay employees on the project the prevailing ICI wage rates in those areas as established by other CLAC collective agreements with area contractors.

RESIDENTIAL

Wage Vac Pay

Stat Pay

Benefits Pension EAF I.F. Total

4-10%

April 1/20 $26.42 $2.64 $1.16 $1.30 $1.55 $0.21 $0.21 $33.49

April 1/21 $26.95 $2.69 $1.19 $1.33 $1.55 $0.22 $0.22 $34.15

April 1/22 $27.49 $2.75 $1.21 $1.37 $1.85 $0.23 $0.23 $35.13


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Residential rate conditions

• The above hourly wage rate is applicable only to the Counties of Essex and Kent (i.e. OLRB Board Area 1)

• The Employer and Union shall meet to determine wage rates for any residential project located outside of Essex and Kent Counties.

• The Residential rate is applicable to single family housing and low-rise multi-dwelling units (to a maximum of 4 floors)

• All other multi-unit dwellings and hi-rise work will be paid at the ICI Journeyman rates.

PROBATIONARY EMPLOYEES Probationary employees may be paid no less than 80% the applicable hourly wage rates. Should any government legislation or regulation increase the above rates, these rates shall automatically conform. SHIFT PREMIUM A shift premium of five percent (5%) of the applicable hourly wage rate will be paid for all hours worked on an afternoon or night shift. Any work starting at or after 6:00 p.m. is an afternoon or night shift. JHSC MEMBER Certified Joint Health and Safety Committee Members (JHSC) shall receive a premium of fifty ($0.50) cents per hour for all hours worked. LEAD HAND A Lead hand shall be paid a premium of one ($1.00/hr) dollar per hour in addition to their regular hourly wage rate. The appointment of a Lead hand will be made by the Employer.


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ELECTRICAL WORKING FOREMAN A working foreman performing either residential or ICI work shall receive a five percent (5%) premium in addition to his basic rate. The appointment of a working foreman will be made by the Employer. TUNNELS/UNDERGROUND It is agreed that employees performing work in tunnels and any other type of underground work other than open trenches shall receive fifty cents ($0.50) per hour in addition to the hourly rate of pay.


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SCHEDULE “B” BENEFIT COVERAGE SUMMARY

Life, AD&D $25,000 Dependent Life (Spouse/Child) $10,000 / $5,000 Extended Health Care Prescription Drugs 80% reimbursement Medical Supplies 100% reimbursement

Paramedicals $300/year for each for 11 practitioners

Semi Private Hospital included Convalescent Hospital $20/day to a max. of 180 days Best Doctors included Vision 100% reimbursement to a

max. of $150/24 months 100% reimbursement to a max. of $150/12 months for dependents under age 18

Out of Country $3,000,000 lifetime / first 60 days Dental $1,000/year / 70%


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The Employer will include an LTD plan to the group benefits plan with the following terms:

• employee(s) pay premium cost of LTD plan;

• benefit amount of 60% of gross wages to a monthly maximum of $2,500;

• 2 year “own occupation” definition of disabled;

• benefit period up to age 65.

Dental coverage will be set at 80% reimbursement. * The above chart is intended only as a brief summary of major coverages. For complete details of health care insurance coverage, please consult the Sun Life booklet.

clac.ca/myCLAC

CHATHAM MEMBER CENTRE 455 Keil Drive South Chatham, ON N7M 6M4 T: 519-354-4831 TF: 800-561-2522 F: 519-354-3723 [email protected] CLAC RETIREMENT 1-800-210-0200 CLAC BENEFITS 1-800-463-2522

CLAC TRAINING 1-877-701-2522 CLAC JOBS 1-877-701-2522

Documents

Collective Agreement Template SIGNATURES · inform all new employees of the contractual relationship between the Employer and the Union. Before commencing work, any new employee will