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COLLECTIVE AGREEMENT Waste Management of Canada Corporation (Wentworth Residential Hauling Division - Drivers) AND Teamsters Union, Local419 Duration of Agreement: June 1, 2005 to March 31,2010 1

COLLECTIVE AGREEMENT Waste Management of Canada ... and Wast… · (Wentworth Residential Hauling Division - Drivers) AND Teamsters Union, Local419 Duration of Agreement: June 1,

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Page 1: COLLECTIVE AGREEMENT Waste Management of Canada ... and Wast… · (Wentworth Residential Hauling Division - Drivers) AND Teamsters Union, Local419 Duration of Agreement: June 1,

COLLECTIVE AGREEMENT

Waste Management of Canada Corporation (Wentworth Residential Hauling Division - Drivers)

AND

Teamsters Union, Local419

Duration of Agreement: June 1, 2005 to March 31,2010

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ARTICLE 1 - PURPOSE

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

1.02 All references to this Agreement to the male gender shall be interpreted so as to include, where appropriate, the female gender.

1.03 It is agreed that this agreement is the entire agreement between the parties and, for greater certainty, any past letters of understanding or other written or oral understandings, agreements or other commitments not attached as a schedule to this collective agreement are null and void.

ARTICLE 2 - RECOGNITION

2.01 The Company recognizes the Union as the sole and exclusive bargaining agent for all employees of Waste Management Services Inc. employed for the Peel Residential curbside Collection Contract within the Region of Peel, Ontario, save and except foremen, persons above the rank of foreman, office and sales staff, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period. The Company agrees that if it moves its present operations to a new location, the Collective Agreement and all employees shall transfer.

ARTICLE 3 -UNION SECURITY

3.01 All 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 as soon as they have completed their probationary period.

3.02 New employees shall make an application for membership in the Union at the time of their hiring and shall become and remain members of the Union in good standing as a condition of employment as soon as their

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probationary period has been served. The application for membership cards only will be forwarded to the Union by the Company within three (3) working days.

3.03 The Union agrees to indemnify and save harmless the Company against any liability for any payments deducted by the Company pursuant to this Article.

3.04 Work normally performed by bargaining unit employees shall not be performed by employees outside the bargaining unit except when qualified bargaining unit employees are not available.

3.05 The Company agrees to deduct Union dues and Initiation fees as specified in the Union Constitution from each eligible employee on a monthly basis from the first pay cheque of each month, and remit the monies so deducted, to the Secretary-Treasurer of the Union on or before the twentieth (20th) day of the current month in which the deductions were made. The Secretary-Treasurer of the Union shall notify the Company by letter of any change in the amount of the Initiation fees and dues, and such notification shall be the Company's conclusive authority to make the deductions specified.

3.06 The Company agrees to deduct Union dues from part-time employees when they work more than sixty (60) hours in a month. Such union dues shall be in accordance with Article 3.03. The above employees are exempt from paying initiation fees. This section does not include agency employees.

3.07 The Company will forward to the union a flat aggregate fee of $400 per month for the use of temporary agency employees. The union agrees to indemnify the Company and save it harmless against any and all claims, which may arise in complying with the provisions of this section.

ARTICLE 4 -MANAGEMENT RIGHTS

4.01 The Union acknowledges that it is the exclusive right of the Company, subject to the terms and conditions of this Agreement, to conduct its business in al respects in accordance with its obligations and responsibilities inclusive of the right to manage the jobs, relocate, extend, curtail or cease operations to perform or contract work, to determine types and amounts of equipment to be used, establish

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schedules, to judge the qualifications of employees, and to maintain discipline and efficiency.

4.02 The Union acknowledges that it is the exclusive right of the Company to hire, discharge, classify, transfer, promote, demote, layoff, suspend, or otherwise discipline an employee. However, this clause shall not deprive the employee of the right to exercise the grievance procedures as outlined in this Agreement.

4.03 The Union acknowledges that it is the exclusive right of the Company to make and alter from time to time, and enforce, reasonable rules of conduct and procedures to be observed by the employees, subject to the terms of the Collective Agreement.

4.04 The Company agrees that work normally performed by bargaining unit employees will not be contracted out.

Temporary agency employees will only be used for vacation replacement and absenteeism. Temporary workers will not work if members of the seniority list are on lay-off, and able and willing to work.

ARTICLE 5- UNION REPRESENTATION

5.01 The Union shall have the right to appoint or elect four (4) Stewards to assist the employees covered by this Agreement with the presentation of their grievances arising out of the interpretation, application, or alleged violation of this Agreement. One of the four (4) must be the Chief Steward, and in the absence of any Steward, an alternate may be used.

5.02 Authorized representatives of the Union shall have access to the Company's premises during working hours for the purpose of adjusting disputes, investigating the working conditions, and ascertaining that this Agreement is being adhered to, provided he first notifies management.

5.03 It is understood and agreed that such Stewards have their regular duties to perform. If the Steward wishes to attend to a matter during regular working hours, he shall make such request to the Supervisor prior to the commencement of or following the completion of his regular shift. The Steward shall state his reason therefore. If such request is granted by the Supervisor, the Steward shall attend to the matter expeditiously and

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return to his work promptly. Such requests shall not be unreasonably withheld.

When handling grievances and with his Supervisor's prior agreement, the Steward will be paid for any time used beyond his regular working hours at his normal straight time rate. The Company agrees to pay Stewards who attend negotiations their regular daily wages, excluding preparation time.

5.04 The Company agrees not to enter into any agreement or contract with its employees individually or collectively, which in any way conflicts with the terms and conditions of this Agreement.

5.05 The Company shall provide a bulletin board to be used for posting of notices by the Union. The bulletin board shall be a glass, lockable, enclosed cabinet of no less than 48" x 96" in dimension.

5.06 In case of suspension, discharge, or any written warning, which becomes part of the employee's record, the Department Steward or his replacement shall be present to represent the employee. If the meeting is held without the Steward, any written conclusion will be null and void.

5.07 The Company agrees to forward posted policies and procedures to the Union. Any letters of discipline and any notices shall be forwarded to the Chief Steward.

5.08 The Company agrees to give the Chief Steward fifteen (15) minutes without loss of pay with each new employee to orientate the employee with the role of the Union in the workplace. The employee must have served his probationary period, and scheduling of the orientation meeting must be approved by the Company.

ARTICLE 6- GRIEVANCE PROCEDURE AND ARBITRATION

6.0 Prior to the submission of either written discipline or a written grievance, the following procedure will be followed:

The employee submitting the grievance or the supervisor initiating the written discipline will meet with the appropriate Steward and the Operations Manager or his designate to discuss the issue, prior to submitting the formal written documentation. The intention of this step

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is to ensure that any matter is fully discussed and every effort is taken to resolve any issue prior to proceeding to the formal process.

6.01 Subject to the terms of this Agreement, a grievance shall consist of a dispute concerning interpretation and application of any clause in the Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of this Agreement. If any questions arise as to whether a particular dispute is or is not a grievance, within the meaning of these provisions, the question may be taken up through the grievance procedure and determined, if necessary, by arbitration. Failing a satisfactory settlement at this stage, the following steps of the grievance procedure shall apply.

STEP NO.1:

An employee's grievance must be submitted in writing to the Supervisor within three (3) working days after he receives the verbal decision from his immediate supervisor. The employee's supervisor shall answer the grievance in writing within three (3) working days after he has received same.

STEP NO.2:

In the event that the grievance is not resolved at Step I, it shall be presented to management within three (3) working days of receipt of answer from Step 1. Within three (3) working days, the Steward, the employee, an official of the Union, and an official of management shall meet to discuss the grievance. The official of management shall give his decision in writing to the Union within three (3) working days of the said meeting.

6.02 In the event the grievance is not resolved through the grievance procedure, either party may refer the grievance to arbitration within ten (10) working days of receipt of the answer from Step 2 herein, and such a grievance shall be heard by a single arbitrator.

6.03 The written notice referred to in Article 6.02 shall contain the names of three (3) proposed arbitrators from the list of arbitrators approved by the Ontario Labour Management Arbitration Commission. The recipient of such notice shall agree to one (1) of the above mentioned

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arbitrators or propose the names of three (3) different arbitrators from the aforementioned list in the written reply thereto.

6.04 If the Arbitrator appointed cannot convene a hearing within sixty (60) days of being contacted, then, at the request of either party, the remaining Arbitrators will be contacted in numerical order until one of them is found who can convene a hearing within sixty (60) days of being contacted. If none of the Arbitrators contacted are able to convene a hearing within sixty (60) days, then the Arbitrator who was first selected to hear the grievance shall so hear the grievance.

6.05 The Arbitrator shall not make any decision inconsistent with this Agreement, nor alter, modify or amend any part of this Agreement.

6.06 Each of the parties hereto shall jointly and equally bear the expense of the Arbitrator.

6.07 The decision of the Arbitrator shall be final and binding on all parties.

6.08 All time limits as specified herein for the grievance or arbitration procedures may be extended, but only by mutual agreement between the parties.

6.09 A claim by the Union that an employee has been unjustly discharged or suspended shall be treated as a grievance and shall be taken up under Step 2 of the grievance procedure if a written statement of such grievance is lodged with management within five (5) working days after the discharge or suspension is affected.

6.10 No matter shall be submitted to the Board of Arbitration which not been properly carried through previous steps of the grievance procedure in accordance with this Agreement.

6.11 If an employee is suspended or discharged, the Company shall give him a full and complete written statement of the reason for such suspension or discharge prior to the suspension or discharge being made effective.

6.12 Either party may file a Policy grievance, and such a grievance will commence at Step 2 of the grievance procedure.

6.13 If an employee goes without a reprimand or other disciplinary action for a period of one (1) year, all reprimands or other disciplinary action prior

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to said one (1) year period will be removed from the employee's disciplinary record.

ARTICLE 7- NO STRIKES AND NO LOCKOUTS

7.01 During the life of this Agreement, the Union agrees that there shall not be a strike, and the Company agrees that there shall not be a lockout.

7.02 It shall be a violation of this Agreement, however, for the employees covered hereunder to refuse to cross picket lines and perform work in any instance where the picket line has been authorized by the Union picketing. The employee must immediately advise the Company that he is refusing to cross the picket line, and in which case, it will be the right of the Company to have the truck operated by whomever the Company sees fit, in order to satisfY the customers' needs.

ARTICLE 8- SENIORITY

8.01 Seniority shall be on a bargaining unit wide basis, and an employee shall be considered on probation for a period of sixty (60) worked days. In the event of any injury or accident that prevents the employee from performing regular duties, probation will be extended until sixty (60) days worked are completed in regular job functions. Upon completion of his probationary period, his name shall be placed on the seniority list and his seniority shall date back from his most recent date of hire on full-time status.

8.02 In dealing with lay-offs, ability being sufficient, seniority shall be the governing factor. When it is necessary to lay off employees, part-time, students, and probationary employees will be laid off first, and then the lay-off shall be on the basis of reverse seniority, providing the employees who remain are capable of performing the jobs that are available. When recalling employees, they shall be recalled in order of seniority.

8.03 A seniority list of employees covered by this Agreement shall be posted and revised by the Company once every six (6) months. The Union will be sent a copy of said seniority list.

8.04 The seniority list shall show the employee's name, classification, and seniority date.

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8.05 Notwithstanding their seniority, in the event of a lay-off, Stewards will be continued at work providing they are able to perform the work available. Where two (2) or more Stewards are involved, seniority shall determine the one or more Stewards to be retained.

8.06 An employee will lose his seniority rights and his name shall be removed from all seniority lists for any of the following reasons:

(a) if the employee voluntarily quits his employment; (b) if the employee is discharged and not reinstated pursuant

to the provisions of the grievance procedures herein; (c) is laid offfor a period of more than twelve (12) months; (d) if the employee overstays a leave of absence granted by

the Company unless he supplies a reason satisfactory to the Company.

(e) if the employee is laid off and fails to return to work within eight (8) working days after he has been notified to do so by telephone or registered mail; it being the employee's responsibility to keep the Company informed of his current telephone number and address from time to time; provided that an employee shall not lose his seniority if he declines to return to work on a casual or temporary basis for less than eight (8) consecutive working days; and further provided said employee shall maintain any future recall rights.

(f) if an employee is absent from work for three (3) consecutive work days without leave unless he supplies a reason satisfactory to the Company;

(g) if the employee accepts other employment during any leave of absence granted by the Company, or while on Short Term or Long Term Indemnity or while on Workmen's Compensation.

8.07 An employee who wishes a leave of absence for legitimate personal reasons shall make such requests in writing to the Company at least two (2) weeks prior to the commencement of the proposed leave of absence, except in the case of personal emergency. Leaves of absence shall be granted at the Company's discretion, but shall not be unreasonably withheld.

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8.08 It shall be the duty of each employee to notify the Company promptly of any change in their address or telephone number. If an employee fails to do this, the Company shall not be responsible for failure of a notice to reach such employee.

8.09 On each occasion that an employee is absent from work due to sickness or accident, he will be granted sick leave on the following basis: his seniority will continue to accumulate up to the equivalent of his length of service for a period not exceeding two (2) years at which time he will cease to be an employee and lose his seniority rights.

8.10 An intensive training effort shall be undertaken in the first two (2) weeks of April in preparation for spring clean-up. The presence of temporary workers in training shall not impact the Company's ability to lay off regular employees providing no work is taken away from regular employees.

8.11 Temporary workers will not operate as independent operators until their four (4) day training period has been successfully completed. Temporary workers will not work if members of the seniority list are on lay-off, and are able and willing to work.

8.12 In the event of mergers, amalgamations, and acquisitions of companies or operations which are represented by Teamsters Local Union No. 419, for the purpose of seniority, employees shall be dove-tailed.

The Union and the Company will meet to discuss the impact of the different Collective Agreements when the Company merges its operations into one location, and to endeavor to mutually negotiate any issues that develop.

8.13 The Company agrees, once a year in January, to post the work schedule for the following Job Classifications: Front-end; Yard Waste; Residential Garbage; Residential Recycling/Organics and Apartment Recycling. Job Classifications and work schedules will be selected by seniority, provided qualifications, skills and abilities are equal.

ARTICLE 9- VACATIONS

9.01 The Company shall grant vacation with pay on the following basis:

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(a) Each employee who on the anniversary date of employment in any year has been employed for less than one (1) full year but more than ninety (90) calendar days shall be entitled to a vacation period of one (1) day for each sixty (60) calendar days of employment with vacation pay of four percent (4%) of his gross earnings for the preceding year;

(b) Employees with one (1) year or more of employment as at June 30th shall be granted two (2) weeks of vacation the following year, with vacation pay calculated at four percent (4%) of their gross earnings for the preceding year;

(c) Employees with five ( 5) years or more of employment as at June 30th shall be granted three (3) weeks of vacation the following year with vacation, pay calculated at six percent (6%) of their gross earnings for the preceding year;

(d) Employees with ten (1 0) years or more of employment as at June 30th shall be granted four (4) weeks of vacation the following year, with vacation pay calculated at eight percent (8%) of their gross earnings for the preceding year.

The parties have agreed on the interpretation of Article 9, subsections b), c) and d) with respect to the qualifier for increase in vacation pay or weeks of entitlement as follows:

1. The qualifier is June 30th. If an employee has the years in or completed prior to or on June 30th which would qualify the employee for the increase in weeks of entitlement or vacation pay or both, the employee shall be entitled to such increase or entitlement after June 30th of that year.

2. EXAMPLE: John's hire date is June 1, 1995. On June 1, 2000, John would be entitled to 6% vacation pay of the preceding year minus any vacation or monies taken or received in that period and 3 week's vacation after June 30th of that year.

9.02 Vacation pay will be paid when vacations are taken or, at the employee's option, on June 30th. If the employee chooses to be paid when the vacation is taken, he shall receive his basic forty (40) hours pay for any vacation taken prior to June 30th.

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All vacation pay for weeks of entitlement shall be on a separate cheque and shall be calculated based on all earnings (excluding taxable benefits) that appear on an employee's T4.

9.03 An employee whose employment is terminated shall receive his full vacation pay in accordance with Article 9.01 herein.

9.04 The Company agrees to post a vacation schedule not later than January 31st of each year. The schedule shall remain posted until March 15th of each year, at which time the Company shall confirm the vacation periods for each employee on the basis of seniority. Employees who have not selected a vacation period by March 15th shall have a vacation period assigned to them by the Company on the basis of their seniority and availability.

9.05 If a Statutory Holiday, as defined in this Agreement, falls during an employee's vacation period, he shall be granted another day off with pay or receive an extra day's pay. The choice shall be made by the employee(s) concerned. The employee will have the option to take the workday before or after the commencement of his vacation, providing the Company determines it has adequate staff to meet operational requirements.

9.06 Vacations due in any year must be taken in the calendar year and, based upon their seniority, employees shall have the right to take up to two (2) weeks of their vacation entitlement at one time within the calendar year. All employees must take a minimum of two weeks vacation in time per calendar year (if entitled).

9.07 During the months of June, July and August, the Company shall allow employees to take their vacations to a minimum of eight percent (8%) to a maximum of fifteen percent (15%) of the seniority employees at any one time.

The Company agrees when the maximum employees allowed on vacation is filled, if vacancies occur afterwards, the vacancies will be posted and selected by seniority.

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ARTICLE 10- STATUTORY HOLIDAYS

10.01 The following paid holidays, regardless of when they fall, will be granted to all employees after they have completed their probationary period;

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

Labour Day Thanksgiving Day Christmas Day Boxing Day Employee's Birthday

If any of the above Holidays falls on a non-regular workday, the next regular workday shall be recognized as the Holiday.

The above mentioned "floater" day is to be granted annually with prior agreement of management. Permission shall not be arbitrarily withheld.

If Heritage Day is proclaimed to be a Statutory Holiday, then it shall be granted to all employees who have completed their probationary period.

The Company agrees that because of a rescheduled work week, the employee has the option to choose to either be paid for the Statutory Holiday, or take up to two (2) of the Statutory Holiday days at a later date, subject to operational requirements, with notice.

10.02 The basis of payment shall be one (1) day's pay at the employee's regular straight time rate of pay.

10.03 In order for an employee to be eligible for Holiday pay, he must have worked his last scheduled shift prior to the Holiday and his first scheduled shift following the Holiday, unless for reasons acceptable to the Company.

10.04 Any work performed on a Holiday shall be paid for at the rate of two (2) times the employee's regular hourly rate.

10.05 The above mentioned employee's birthday holiday will be used within a two (2) week span of the employee's actual birth date (between two (2) weeks before and two (2) weeks after the birth date). Notification in writing of the date being used in exercising the "floater" must be

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submitted two (2) weeks in advance to the Operations Manager. Permission shall not be arbitrarily withheld.

The above mentioned "floater" is to be granted annually with a two (2) week written notification to he supervisor of the date being used. Permission will not be arbitrarily withheld.

ARTICLE 11 -HOURS OF WORK AND OVERTIME

11.00 The standard workweek is forty (40) hours, consisting of four (4) ten ( 1 0) hour shifts.

A limited number of positions, not to exceed fifteen percent (15%) of bargaining unit members unless mutually agreed to by Union and management, will have a standard work week of forty (40) hours consisting of five (5) eight (8) hour shifts.

An employee may switch scheduled days off with prior approval.

11.01 If required by the Peel Residential Curbside Collection Contract, it is agreed that the workweek schedule may be modified.

11.02 The Company will post all temporary positions of thirty (30) working days or longer in situations where it is known what the temporary positions will extend to that duration.

11.03 Overtime shall be first offered to residential drivers in their system, then to front end drivers. Overtime is on rotational basis. Overtime in the front end system shall be offered to front end drivers, then to other employees who are qualified.

11.04 It is hereby expressly understand and agreed that the provisions of this Article 11 are for the purpose of computing overtime and shall not be construed to be a guarantee of the hours of work to be done per week, nor as a guarantee of working schedules. The maximum hours required to be worked shall not exceed the maximum allowed by the Employment Standards Act.

11.05 The Company agrees that anyone who is scheduled to work and completes his shift shall be guaranteed ten (10) hours' pay, even if the actual number of hours worked are less than ten (10).

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11.06 All hours worked in excess of ten ( 1 0) per day and forty ( 40) per week shall be paid at one and one-half (1-1/2) times the employee's hourly rate.

All hours worked in excess often (10) per day and forty (40) per week shall be paid at one and one-half (1-1/2) times the employee's hourly rate, applicable to the schedule completed.

All hours worked in excess of eight (8) per day and forty ( 40) per week shall be paid at one and one-half (1-112) times the employee's hourly rate, applicable to the schedule completed.

11.07 All hours worked on Saturday or Sunday shall be paid at one and one­half (1-1/2) times the employee's hourly rate, exclusive of shift prermum.

11.08 The Company agrees that employees reporting for work, unless otherwise notified the previous day, shall be provided with at least five (5) hours work at their hourly rate of pay or shall be paid five (5) hours in lieu thereof. It is understood and agreed that this provision will not apply when the Company is unable to provide work through circumstances beyond the Company's control or for the purpose of a disciplinary meeting.

11.09 An employee shall be paid a meal allowance of Eight dollars ($8.00) dollars after working two (2) hours of overtime, during which he shall have a one-half (1/2) hour unpaid break.

11.10 The Company agrees that every employee is entitled to one (1) half hour unpaid lunch and two (2) fifteen (15) minute breaks without loss of pay. Employees must take their lunch periods and breaks.

ARTICLE 12 - WAGES

12.01 The employer agree to pay the following straight time hourly rates:

Drivers who are assigned to train new employees will be paid an additional one ($1.00) dollar per hour premium for each hour they are actually training the employee.

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Classification Upon Ratification April1, April1, April April

(June 16, 2006 2007 1,2008 1,2009 2005)

Residential Driver $19.52 $20.11 $20.71 $21.33 $22.08 Front End Driver $20.91 $21.54 $22.18 $22.85 $23.65

New Hires New employees will receive 85% of the normal classification rate for the first six (6) months, after which they will receive the full rate of the classification. A Waste Management of Canada employee who is transferred shall be paid at full scale no later than sixty (60) worked days after transfer.

Incentive Pay The Company agrees to pay the following incentive plan with respect to safety and attendance:

• $150.00 for each quarter accident free and without a violation of a life critical safety rule (paid quarterly);

• $50.00 for each month with no lost time from work (paid quarterly).

For the purpose of absenteeism, authorized time off from work (other than disciplinary time off) is considered time worked.

Employees who are on modified duties who are not driving vehicles will only be eligible for absenteeism incentive.

12.02 Employees shall be paid every two (2) weeks during working hours. Not more than one (1) week's pay shall be held back.

ARTICLE 13 -BEREAVEMENT AND JURY DUTY

13.01 An employee who has attained seniority will be granted up to three (3) consecutive working days but not less than two (2) days leave of absence with pay for time lost from work for the purpose of making arrangements and attending a funeral in the event of the death of his spouse, parent, child, mother-in-law, father-in-law, brother or sister.

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Such possible days leave of absence shall be between the day of death and the day of the funeral, inclusive.

An employee who has attained seniority will be granted one (l) day leave of absence with pay for time lost from work for the purpose of attending the funeral in the event of the death of the brother-in-law, sister-in-law, or grandparent.

In any event, the employee shall not be entitled to receive any pay hereunder as to any day upon which he would not otherwise have been scheduled to work for the Company.

13.02 An employee covered by this Agreement who is required to serve on jury duty, or is subpoenaed by the Crown or by the Company to serve as a witness, shall receive pay at his straight-time hourly rate for any regular straight-time hours lost as a result of such service, reduced by any and all payments he received for such service, providing that he furnishes the Company with certification by a proper authority of the dates served.

ARTICLE 14- HEALTH AND WELFARE

14.01 The Company agrees to provide clean and sanitary conditions in respect to lockers, lunch and washroom facilities. First Aid boxes will be provided by the Company, properly equipped and easily accessible.

14.02 The Company agrees to pay the full cost of the Ontario Health Insurance Plan (O.H.I.P.) for all employees after they have completed their probationary period.

14.03 The Company will allocate $250.00 on or before March 1 of each year for the employees to order Company approved uniforms. The Company will further allocate an additional $350.00 on or before October 1 of each year for employees to order Company approved uniforms. Wearing of Company uniforms and PPE is mandatory. Each employee agrees to keep his uniform in a neat, clean and presentable condition.

14.04 The Company agrees to provide a safety boot allowance of one hundred and forty ($140.00) dollars on October 1st and a further one hundred and forty ($140.00) dollars on March l st to each seniority employee.

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The Company will identifY any discounts that are available to the employees and will seek to expand these as appropriate.

14.05 The Company agrees to pay the full cost of Health and Welfare benefits as attached in Appendix "A"

14.06 The Company shall make the following RRSP contributions for each hour worked to each seniority employee, and the contributions will be forwarded to an RRSP arranged through Teamsters Local Union No. 419:

Effective June 1, 2005--one dollar and twenty-five cents ($1.25) Effective June 1, 2006- one dollar and thirty cents ($1.30 Effective June 1, 2007- one dollar and thirty-five cents ($1.35) Effective June 1, 2008- one dollar and forty cents ($1.40) Effective June 1, 2009- one dollar and forty-five cents ($1.45)

14.07 Following the date of submission of a completed application or claim for benefits, if there is a delay of more than fourteen (14) days in the denial of a claim for benefits or in the payment of weekly indemnity benefits, the Company agrees to pay the employee directly, in one week arrears at a time, provided the employee signs a waiver to reimburse the Company within five days of the receipt of the indemnity benefits.

14.08 Cheques for WI will be distributed to home addresses.

ARTICLE 15 - GENERAL

15.01

15.02

15,03

No employee shall be compelled to take out equipment that is not in safe condition.

All trucks shall be equipped with heaters, windshield wipers, rear view mirrors, directional signals and all other equipment necessary to provide the employees with a safe environment.

The Company agrees to install and maintain a swipe clock system for the duration of this Agreement.

Under no circumstances will another member of the bargaining unit swipe in or out for another employee.

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15.04

15.05

15.06

15.07

It is the employee's responsibility to swipe his own card in and out each day. Failure to swipe in or out will result in referral of the matter to the issue resolution process referenced in Article 6. Application of the disciplinary process may involve the reduction in paid hours to the employee and other disciplinary action up to and including termination of employment.

The Company agrees to a joint committee of Union and management to establish modified work opportunities and schedules.

The Company agrees that in the event of the loss of the Peel Contract, it will pay two (2) weeks' severance for each year of service (pro-rated) to all seniority employees.

For the purpose of upgrading an employee's skill level for other classifications where the Company is providing training, all such training shall be offered in accordance with seniority, skill and ability being equal. It is at the Company's sole discretion as to when training is provided and the criteria for the positions for which training is provided.

The current practice of bargaining unit employees replacing route supervisors/managers who are absent will cease at the signing of the collective agreement.

ARTICLE 16- DURATION

16.01

16.02

This Agreement shall be effective from the 1st day of June, 2005 and shall continue in effect until the 31st day of March, 2010, and shall remain in effect from year to year thereafter unless either party gives the other party not more than ninety (90) days before the date of termination, written notice of termination or desire to amend this Agreement.

In the event of such notification being given as to amendment of the Agreement, negotiations between the parties shall begin within fifteen (15) days, or as mutually agreed to following such notification.

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IN WITNESS WHEREOF, each of the parties has caused this Agreement to be signed by their duly authorized representatives this day of ___ ,2005.

Fji(;t/tNY' Richard Growden

v~ ~Buchanan

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Letter of Agreement - Overtime

It is agreed that the Union will re-execute the current letter of agreement in relation to overtime (as required by the Ontario Ministry of Labour) for the remainder of the calendar year. Future overtime agreements will be executed on a calendar year basis.

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APPENDIX "A"

BENEFIT SUMMARY SHEET FOR Hourly Union Drivers (Wentworth Residential- Teamsters, Local419) of

WASTE MANAGEMENT OF CANADA CORPORATION Located in Brampton, Ontario

The following outline is a brief summary of the employee benefits plans for which you are eligible:

ELIGIBILITY

Minimum Number of hours per week 30

Eligibility Waiting Period I" of the month coincident with or following 3 months employment

BASIC LIFE

Amount of Benefit $35,000

ACCIDENTAL DEATH & DISMEMBERMENT

Principal Sum:

DEPENDENT LIFE

Amount of Benefit Spouse -Child(ren)-

VOLUNTARY AD&D

Amount of Benefit

Maximum Benefit Amount

WEEKLY INDEMNITY

Amount of Benefit

Benefit Taxability

Waiting Period for Disabilities due to: -injury -sickness - sickness (if hospitalized)

Maximum Benefit Period

LONG TERM DISABILITY

Waiting Period for Disability Benefits

Amount of Benefit

Maximum Benefit Period

Same as Basic Life

$10,000 $5,000 (each)

Units of$25,000

$250,000

Current maximum weekly benefit under the Employment Insurance (for each calendar day of disability, 1/7 of the weekly benefit is payable)

Taxable

None I day None

26 weeks

182 days plus any period of Employment Insurance entitlement

$600 per month

Earlier of age 65 or 2 years benefit payments

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Definition of Disability

Other Income

HOSPITAL

Room & Board Limit Nursing Home Limit

VISION CARE

Deductible

Reimbursement

Maximum Benefit

MAJOR MEDICAL

Deductible

Prescription Dispensing Fee Cap (per script)

Reimbursement Percentage applicable to: Drugs All Other Benefits

Inability due to illness or injury to perform your own occupation (see Note 3)

See Note 4

The usual semi-private rate of the hospital concerned Not covered

None

100%

$250 per person per 24 consecutive months (eye exams once every 24 months will be reimbursement within maximum benefit amounts)

None

$8.50

100% (pay direct drug card) 100%

Prescriptions Mil be reimbursed based on the lowest cost generic equivalent, unless you have been prescribed a drug that has no generic equivalent or if your physician has written "'no substitution" on your prescription.

Maximum Benefit applicable to: psychologist's services: $25 for the first hour, $10 for each half hour thereafter to a maximum of $100 per person per year

- physiotherapist: maximum of $1,000 per calendar year speech therapist: $200 per calendar year other paramedical practitioners': no per visit cap, maximum of $200 per year per practitioner x-rays by a chiropractor: $25 per benefit year

Drugs $15,000 during any period of 3 consecutive years (For validated and/or substantiated critical care and humane cases, the limit will be waived by the Vice President of Human Resources)

All Other Eligible Expenses combined $15,000 during any period of3 consecutive years

DENTAL CARE

Eligible Expenses Covered Types 1,2,3&4

Deductible None

Reimbursement Percentage Applicable to: Type 1 100% Type 2 100% Type 3 100% Type4 50%

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Maximum Applicable to: Types I, 2 and 3 $2,000 per person per Benefit year for all Types combined

Type 4 $1,500 duriog the entire time a Dependent Child is covered under This Plan

Schedule of Fees Current minus one year

NOTES:

I. Notwithstanding anytbiog to the contrary, your AD&D coverage will continue without premium payment during any period of time that you are approved for waiver of premium under the Life Insurance benefit. If the policy terminates, your AD&D coverage will cease.

2. Weekly Indemnity benefits will be reduced by any earnings or payments you receive from any employer.

3. In order to be considered totally disabled under the Long Term Disability benefit, you must be wholly and continuously disabled due to illness or accidental iojury and as a result be unable to perform the duties of your normal occupation.

4. If you are disabled and qualify for Long Term Disability benefits, and also for CPP benefits, your LTD amount will not be reduced directly by the CPP benefit. Instead, and notwithstandiog anything to the contrary, your LTD benefit will only be reduced by the amount by which your montltly benefit, plus disability and retirement iocome from all sources, exceeds 85% of your pre-disability earnings.

5. Only the following are iocluded as eligible paramedical practitioners under Major Medical:

Naturopath* Christian Science Practitioner* Chiropractor

Osteopath Podiatrist* Psychologist

* treatment must be recommended by a physician

Physiotherapist Speech therapist

6. Hospital and Major Medical expenses incurred outside your province of residence are not covered unless such expenses are incurred as a result of an emergency while on vacation or on business for Waste Management of Canada Corporation

7. Coverage is extended under Major Medical to ioclude expenses for the followiog professional ambulance service for emergency transportation withio the continental limits of Canada and the United States from the place the iodividual became disabled to the nearest hospital qualified to provide treatment, or from a hospital to a convalescent hospital; fees of a registered nurse for home care (not member of the patient's family nor living in the same house); drugs and medicioes obtaioable only when prescribed by a physician and dispensed by a licensed pharmacist; blood, plasma and their transfusion; the cost for the purchase of artificial limbs and eyes, ifloss iocurred while insured: splints, casts, trusses, braces and crutches, electronic heart pacemaker; rental of a wheel chair, iron lung and other durable therapeutic equipment; fees of a dentist for treatment of a fractured jaw or injury caused to natural teeth as a result of an accident while the person is insured and provided such treatment is rendered withio twelve months from the date of the accident; cost for the purchase of contact lenses, subject to a maximum of $200 per 24 months, only after cataract surgery or when visual acuity is not correctable to 20170 by use of conventional lenses. Must be recommended by an ophthalmologist or optometrist the cost for the purchase ofheariog aids recommended by an otolaryngologist, subject to a maximum amount of $250 per 24 months, provided the insured has not worn any form ofheariog aid prior to becoming iosured the cost of modification to a regular shoe or the cost for the purchase, repair, modification, adjustment of an insert or device added to a regular shoe the cost for the purchase of a hand-made orthopaedic shoe, subject to a maximum of $100 per pair per insured and one pair per 12 months (two pairs per 12 months for insured under age 18)

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50% of the cost for the purchase of orthopaedic shoes

8. Eligible expenses nnder the Dental plan are limited to those outlined below:

o Type I one clinical or oral exam every nine (9) months tests and laboratory examinations radiographic examinations and interpretations including (a) periapical and/or occlusal films up to the cost of one complete set of periapical films per 24 months; (b) up to four bitewing films per 12 months; and (c) panoramic films once every 3 years. prophylaxis limited to two treatments every 12 months fluoride treatment for dependents nnder age 17, limited to two treatments per 12 months one oral hygiene instruction per period of 12 months

o Type 2 space rnaintainers amalgam, silicate, acrylic or composite restoration removal of erupted teeth (uncomplicated) removal of teeth and residual roots (complicated) removal of tumours and cysts local anaesthesia general anaesthesia, if required endodontic services periodontic services

o Type 3 Removable dentures · initial provision of complete and partial dentures necessitated by the extraction of one or more natural

teeth while the person is insured · replacement of existing partial or complete dentures provided the person has been insured for at least

12 months one denture adjustment and or one denture repair per period of 24 months addition to an existing partial denture necessitated by the extraction of natural teeth while insured denture prophylaxis and polishing

· relining and rebasing of dentures - Crowns and Bridgework

· initial bridgework necessitated by the extraction of one or more natural teeth while insured · gold foil restoration provided the person has been insured under this benefit for at least 12 montha · inlays and onlays, provided the person has been insured for at least 12 months · crowns, provided the person has been insured for at least 12 months

9. Type 4 expenses are covered only for eligible Dependents who have not yet reached age 18.

I 0. Common-law spouses may be considered eligible dependents provided you have cohabited for a period of at least one year.

11. Long Term Disability coverage terminates on the earlier of attainment of age 65, retirement or termination of employment; Volnntary AD&D terminates at the earlier of age 70, retirement or tennination of employment; all other benefits terminate on the earlier of retirement or termination of employment.

12. All Weekly Indemnity, Hospital, Vision Care, Major Medical and Dental benefits are funded by employer and employee contributions, where applicable. Manulife Financial's only responsibility for these benefits is the adjudication of claims. All other benefits are insured by Manulife Financial Group Benefits.

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