14
BETWEEN: COLLECTIVE AGREEMENT INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793 {hereinafter referred to as "the Union") - and- EMCON SERVICES INC. SIMCOE AMC {hereinafter referred to as "the Employer) Signing Date: Effective Date: October 1, 2018 Expiry Date: September 30, 2021

EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

BETWEEN:

COLLECTIVE AGREEMENT

INTERNATIONAL UNION OF OPERATING ENGINEERS,

LOCAL 793

{hereinafter referred to as "the Union")

- and-

EMCON SERVICES INC.

SIMCOE AMC

{hereinafter referred to as "the Employer)

Signing Date:

Effective Date: October 1, 2018

Expiry Date: September 30, 2021

Page 2: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

TABLE OF CONTENTS

ARTICLES

1 DURATION OF AGREEMENT

2 RECOGNITION

3 UNION SECURITY

4 MANAGEMENT RIGHTS

5 GEOGRAPHICAL AREAS

6 GRIEVANCE PROCEEDURES

7 ARBITRATION

8 NO STRIKES, NO LOCKOUTS

9 UNION REPRESENTATION

10 SAFETY, SANITATION AND SHELTER

11 PAYMENT OF WAGES AND LAY-OFF

12 VACATION

13 STATUTORY HOLIDAYS

14 HOURS OF WORK

15 SHIFT WORK

16 MEAL AND REFRESHMENT BREAKS

17 RECALL AND PREMIUM CALL-OUT

18 TRAVEL TIME

19 ON CALL SUMMER SEASON

20 PENSION, BENEFITS AND SICK DAYS

21 WAGES AND CLASSIFICATIONS

22 PAY EQUITY

23 HUMAN RIGHTS

SIGNATURE PAGE

LETIER OF UNDERSTANDING

EM CON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021

TITLES PAGE#

3

3

3

4

4

4

5

6

6

6

7

7

8

8

9

10

10

10

10

10

11

12

12

13

14

Page 2

Page 3: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

ARTICLE 1- DURATION OF AGREEMENT

1.1 This agreement shall become effective 1" day of October 2018, and shall continue to remain in effect until the 30th day of September 2021, and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination, or proposed revision of this agreement within one hundred and twenty (120) days prior to the 30th day of September 2021.

ARTICLE 2 - RECOGNITION

2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save and except supervisors, person above the rank of supervisor, office, clerical and sales staff.

The foregoing bargaining unit description includes, but is not limited to, all work performed by employees working at or out of the yards located at 1100 F.R. Nelson Road, Coldwater, ON; and 2224 Flos Road, Hillsdale, ON regardless of the actual municipality in which the work is performed or yards are located.

ARTICLE 3 - UNION SECURITY

3.1 a) The Employer agrees that whenever it requires personnel, it will consult the Union;

b) If the Union cannot supply qualified, competent personnel, the Employer may hire such personnel from any other source;

c) The Employer shall have the prerogative when adding to its workforce, to first re-hire former regular employees who have been employed by the Employer for at least three (3) of the preceding twelve months, providing they have proven themselves to be reliable and competent.

3.2 All personnel shall be required to have a clearance card issued by the Union before they start to work, unless other arrangements are made with the Union dispatcher. Such clearance card will not be unreasonably withheld.

3.3 Employees working under this agreement shall be members of the Union in good standing, or make application to become members of the Union within seven (7) days of hiring or be replaced upon written request by the Union.

3.4 The Employer agrees to engage only those sub-contractors at the job site or at the employer's shop who are in contractual relations with the Union to perform work set out in the classifications of this agreement or as otherwise agreed to by the parties. This shall include repair, maintenance and service work at the job site or at the employers shop, excluding warranty work on site or at the employers shop.

3.5 a) As a condition of employment, all employees working within the classifications of this agreement authorize the Employer to deduct working dues (as 2% of the gross wages before deductions) on a weekly basis. This shall be considered Union dues remitted on a monthly basis. Initiation fees and annual assessments will be deducted from each employee and remitted to the Union.

b) All dues, fees and assessments so deducted shall be remitted with pension and/or benefit contributions (if applicable) as set out in this agreement on or before the 15th day of the month following the month in which such deductions were made. The Employer shall, when making this remittance to the Union, identify employees both by name and social insurance number and indicate the amount deducted from each employee on forms

supplied by the Union.

EMCON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 Page 3

Page 4: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

ARTICLE 4 - MANAGEMENT RIGHTS

4.1 The Union agrees and acknowledges that the Employer has the exclusive right to manage the business and to exercise such right without restriction, save and except such prerogatives of management as may be specifically modified by the terms and conditions of this agreement.

a) To determine qualification, classify, transfer, hire, direct, promote, demote, lay-off, discipline and discharge of employees for just cause and to increase and decrease working forces in accordance with the terms of this agreement;

b) To determine the materials to be used, design of the products to be handled, facilities and equipment required, scheduling of work and locations of equipment;

c) To determine the rules and regulations to be observed by the employees, violations of which may be the cause for discipline and may include discharge.

4.2 The Employer recognized that the employee and the Union have recourse through the grievance procedure if they feel that the Employer has exercised any of the foregoing rights contrary to the terms of this agreement.

At the request of the employee concerned, incidents of alleged discharge for cause shall be in writing.

ARTICLE 5 - GEOGRAPHICAL AREAS

5.1 Employees of other patrol areas of the AMC (Area Maintenance Contract) shall be entitled to work within the geographic boundaries of the bargaining unit area on a temporary basis as necessitated by the demands of the AMC. These temporary employees shall not be used to circumvent regular hours of work or overtime for employees covered by this agreement.

5.2 If the Employer temporarily transfers employees covered by this agreement to the other areas of the AMC, the employee will maintain his/her terms and conditions within this agreement. Unless the employee is being transferred to an area of a higher wage package, then he/she shall receive the greater amount of wages for all hours worked. No employee shall suffer a reduction in wages.

ARTICLE 6- GRIEVANCE PROCEEDURES

6.1 There shall be an earnest effort on the part of both parties to this agreement to settle promptly through the procedure set out herein any complaints, grievances, or disputes arising from the interpretation, application or administration of this agreement.

6.2 All grievances to be dealt with under Step Two below shall be in writing, on forms supplied by the Union and signed by the employee having such grievance.

6.3 Written grievances, to be valid, shall set out the nature of the grievance, the article or articles alleged to have been violated and the nature of the remedy sough and shall not be subject to change at later steps except by mutual agreement, in writing, with the Employer, or in the case of remedy, an Arbitration Board.

6.4 In determining the time which is allowed in the various steps of Article 6 and 7, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing.

6.5 If advantage of the provisions of Article 6 and 7 hereof is not taken within the time limits specified or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened.

EM CON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 Page4

Page 5: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

6.6 The Employer shall designate and name the official to whom a written grievance is submitted at Step #2.

6.7 a) It is understood and agreed that an employee does not have a grievance until he/she has discussed the matter with his foreperson or other supervisory personnel acting in this capacity and given him/her and opportunity of dealing with the complaint. His/her decision shall be made known to said employee within forty­eight (48) hours. Grievances properly arising under this agreement shall be adjusted and settled as follows:

STEP 1 - Within ten (10) full working days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee and/or a Union Representative, shall present the grievance, in writing, to the official of the Employer named by the Employer to handle grievances at this step. If a settlement satisfactory to the Union and the employee concerned is not reached within two (2) full working days thereafter or if the grievance involves monetary, discipline or discharge matters, not involving the interpretation of the agreement to final and binding arbitration.

STEP 2 - At this step, the grievance shall be referred to the Joint Labour Management Committee, which shall convene a meeting within ten (10) full working days to deal with the grievance. Should no satisfactory settlement be reached within five (5) full working days after the meeting, the grievance may be submitted to arbitration.

b) The Union may process a written grievance which involves a number of employees of an Employer or the interpretation of the agreement. Such grievance shall be commenced at Step Two of the above procedure.

The Employer may process a written grievance alleging a violation of or the interpretation f this agreement at Step Two of the above procedure.

Such grievances shall be commenced at Step Two within ten (10) full working days after the circumstances giving rise to the grievance occurred or originated.

c) No decision or settlement involving any grievance which has been dealt with at Step One above, other than grievances which have been properly referred to final and binding determination, shall be used by any party as a precedent in future cases and shall be treated as only applicable to the grievance in question.

6.8 Notwithstanding the above, a grievance concerning wages and fringe benefits may be presented within thirty (30) days after the circumstances giving rise to the grievance occurred or originated and further provided that a grievance concerning welfare and pension contributions may be presented within thirty {30) days after the particulars of such grievance should have reasonably become first known to a Union Representative.

ARTICLE 7 -ARBITRATION

7.1 The parties to this agreement agree that nay grievance which has been properly carried through all of the steps of the grievance procedure outlined in Article 6 may be referred to a Board of Arbitration or other final determination within twenty (20) working days after completion of Step Two of Article 6.7.

7.2 The Board of Arbitration will be composed on one person appointed by the Employer, one person appointed by the Union and a third person to act as Chairman chosen by the other two members of the Board.

7.3 Within five (5) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee.

7.4 Should the person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third member as Chairman within five (5) days of the notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to appoint a Chairman.

EM CON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 Page 5

Page 6: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

7.5 The decisions of the Board of Arbitration or a majority of such Board constituted in the above manner shall be binding on the parties to this agreement.

7.6 The Board of Arbitration shall not have the power to alter or change any of the provisions of this agreement or to substitute any new provisions, for any existing provisions, nor to give any decisions inconsistent with the terms and provisions of this agreement.

7.7 Each of the parties to this agreement will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expense of the Chairman.

ARTICLE 8 - NO STRIKES, NO LOCKOUTS

8.1 In view of the grievance and arbitration procedures provided in this agreement, it is agreed that there shall be no strike, picketing, slowdown or stoppage of work, either complete or partial, and that during the terms of this agreement, there shall be no lockout.

ARTICLE 9- UNION REPRESENTATION

9.1 The Business Representative of the Union shall have access to all jobs during working hours, but in no case shall his/her visits interfere with the progress of the work, and he/she shall notify the company office, the job office, or the job superintendent, whichever is applicable, before visiting the job site.

9.2 The Employer agrees to recognize up to one (1) steward for the bargaining unit as may, from time to time, be appointed by the Union, but shall not be obliged to recognize such stewards until it has been informed, in writing, of the name of stewards as they are appointed.

9.3 The stewards for each patrol shall be one of the last two employees (covered under the terms of this agreement) to remain working, provided such steward is capable and qualified to perform the work required. If the Union appoints a part-time employee as a steward, it is agreed that seasonal lay off shall be applicable.

ARTICLE 10- SAFETY, SANITATION AND SHELTER

10.1 Adequately heated enclosures or cabs for employees operating, maintaining or repairing equipment shall be provided by the Employer, where reasonably required.

10.2 Protective equipment required under abnormal conditions or during inclement weather will be supplied by the Employer and shall be returned after use. Rubber gloves and work gloves shall be provided to the employees. Employees shall be entitled to one pair of winter and one pair of summer coveralls per year. Individual employee requests for other types of protective clothing shall be reviewed and are subject to the approval of the employer. This could include the option of a coat, coveralls, or bib overalls.

10.3 a) The Employer agrees to supply potable water;

b) The Employer agrees to provide sanitary facilities, wherever practical.

10.4 An employee who is injured in the course of performing his/her duties and requires medical attention by a physician and is certified by the physician that he/she is unable to continue to work, shall be paid his/her regularly assigned hours on the day of the injury; otherwise the employee shall be paid his/her regular wages for any lost time incurred that day due to the injury. In any event, WSIB legislation will be adhered to.

EM CON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 Page6

Page 7: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

10.5 a) In the event of a fire or theft by break-in resulting in the loss of clothing or tools, the Employer will replace such items at their replacement value to a maximum of one hundred and seventy-five dollars ($175.00) except as provided in (b) hereof, provided that such clothing and tools are kept in a place designated by the Employer. Such replacement is based on proof of loss by fire or theft being made to the Employer.

b) Mechanics are to file with their Employers, a listing of their tools showing their valuation and the Employer's liability shall be limited to such listing and the replacement value of such tools.

10.6 All full-time permanent employees will receive an allowance of one hundred and thirty ($130.00) dollars for purchases for the purchase of CSA approved protective high cut work boots the first pay period following the employee's probationary period and every year thereafter. Existing full-time permanent employees will be paid the allowance October 1" annually.

All returning seasonal employees will receive an allowance of sixty-five dollars ($65.00) for the purchase of CSA approved high cut work boots upon the submission of a receipt.

ARTICLE 11- PAYMENT OF WAGES AND LAY-OFF

11.1 a) Wages shall be paid by cash, not later than Friday of every second week, during working hours, or by cheque or direct deposit no later than Thursday of every second week during working hours.

b) Accompanying each payment of wages, there shall be a retainable statement identifying both the Employer and the employee, showing the pay period, total hours marked "regular" and "overtime", the hourly rate, the total earnings, the amount of vacation pay, the amount and purpose of each deduction and net earnings.

11.2 In the case of lay off, all employees shall be paid up-to-date on the job where practical; otherwise cheques and El Record of Employment Certificate shall be forwarded by registered mail to his/her last known address, within five (5) days. Notification to, or attempted notification of lay off, to an employee on a Saturday, Sunday or Statutory Holiday shall not be considered proper notice unless the employee is working on such days.

11.3 When laid off, employees shall be allowed sufficient time to clear up their personal and company property on the job.

11.4 When employees who are laid off are not paid up-to-date on the job and should the Employer fail to send such wages and/or employment records as stated above, the Employer shall pay four (4) hours pay at the regular hourly rate for each additional regular working day the employee is required to wait for his/her pay and records, after giving notice to the Employer and giving him/her four (4) hours to correct such default.

11.5 When an employee quits his/her job, he/she shall be paid in full, on the next regular pay day, at which time, he/she shall receive his El Record of Employment Certificate.

ARTICLE 12-VACATION

12.1 Vacation entitlement will be based on the original hire date (regular full-time). Full time employees covered by this agreement will be entitled to vacation payment in the amount of 4% of the wages earned by him/her. He/she shall receive a day's leave for every month of employment not exceeding ten (10) days in the year. Effective October 1, 2010, every employee with three (3) years unbroken service (excluding approved leaves of absences) will be entitled to vacation payment in the amount of 6% of the wages earned by him/her. He/she shall receive a day's leave for every month of employment not exceeding fifteen (15) days in the year. Seasonal employees will be entitled to vacation payment in the amount of 4% of the wages earned by him/her.

EMC ON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 Page 7

Page 8: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

12.2 Vacations shall be scheduled to commence April 15th of each year and will be completed by November 15th of

that year, unless mutually agreed to otherwise.

12.3 An employee may be entitled to take one (1) week of vacation during the winter months as mutually agreed. The vacation requests are submitted by 30th September. This will be on management discretion.

ARTICLE 13- STATUTORY HOLIDAYS

13.1 All work performed on the following holidays shall be paid for at time and one half (1-1/2) the regular rate of wages with the exception of Christmas Day and New Years Day which shall be paid at double (2) the regular rate of wage:

New Years Day Dominion Day Christmas Day

Good Friday Civic Holiday Boxing Day

Family Day Labour Day

Victoria Day Thanksgiving Day

Should any of the above holidays occur on a Saturday or Sunday (between April 1" and Oct 31"); such holiday shall be observed on the Monday and/or Tuesday following, unless changed by mutual agreement between the Employer and the Union.

No work shall be performed on Labour Day, except to save life, limb or property.

All Foreperson/Patrollers, Mechanics, Operator/Maintenance worker full-time shall be entitled to eight (8) hours statutory holiday pay at their regular straight time hourly rate for the designated statutory holidays. Seasonal employees shall receive four percent (4%) of gross wages on each cheque in lieu of statutory holiday pay.

ARTICLE 14- HOURS OF WORK

14.1 Permanent Maintenance Worker/Operator:

Full-Time:

The basic work week shall be forty (40) hours; five (5) days at eight (8) hours per day. Overtime for the first four (4) hours will be at basic rate; hours over forty-four (44) hours paid at time and one half (1-1/2) the basic rate. Hours of work shall be 7:30 am to 4:00 pm, Monday through Friday.

Seasonal Maintenance Worker/Operator:

A: Full-Time

The basic work week shall be forty (40) hours; five (5) days at eight (8) hours per day. Overtime for the first four (4) hours will be at basic rate; hours over forty-four (44) hours paid at time and one half (1-1/2) the basic rate.

B: Part Time

To be paid at basic rate for eighty-eight (88) hours in a two (2) week period. Hours in excess of eighty-eight (88)

hours are to be paid at time and one half (1-1/2) the rate. Part time seasonal employees shall be guaranteed forty-eight (48) hours in a two week period during their core winter season assignment. The Employer agrees to distribute hours evenly amongst the employees, providing these employees have the required skills and abilities.

EMCON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, ZOZ1 Pages

Page 9: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

Individuals designated as "Part-Time Seasonal Maintenance Worker/Operator'' must make themselves available when "called-in" by their supervisor or assigned patroller for winter maintenance operations or other highway maintenance duties.

Failure to report without agreement or within contact time requirements (1/2 hour from call-in) will be subject to an action that will include the loss of guaranteed hours worked by the replacement operator up to a maximum of 12 hours for any single call-in event.

Failure to respond to "call-in's" more than three times without approval will result in disciplinary action.

C: On-Call

The employee is to be paid for any hours worked at basic rate. The Employer shall not utilize on-call operators for the purpose of circumventing overtime provisions.

D: Firehall Schedule

The basic work week shall be forty (40) hours; five (5) days at eight (8) hours per day on a shift pattern that begins on Saturday at 00:00. Each shift responsibility is twelve (12) hours on a pre-determined schedule. Each shift will require eight (8) hours to be worked, with the potential to be extended by four (4) hours to a total of twelve (12) hours in any one (1) shift. This cycle will be repeated daily per the shift pattern. Overtime for the first four (4) hours will be at basic rate; hours over forty-four (44) hours paid at time and one half (1-1/2) the basic rate.

Definition of Returning Seasonal Employee

Returning Seasonal Employee is an Employee who is returning for a consecutive season after the season in which the Employee completed their probationary period with the Employer.

14.2 Individual's time will be recorded on daily activity reports.

14.3 The Employer may require employees to perform work in excess of their regular assigned hours and employees will be given as much notice as possible.

14.4 Equipment Operator Night Premium (Winter Only):

Operator/Maintenance worker shall receive a twenty cents ($0.20) per hour night premium when engaged in winter maintenance snow and ice removal operations during the hours from 7:00pm to 7:00am.

ARTICLE 15 - SHIFT WORK

15.1 Winter Patroller Schedule from October 15th through April 15'• (Full Time Permanent and Full Time Seasonal who work as Patroller:

Weekdays are eight (8) hour shifts; weekends are twelve (12) hour shifts. Overtime will be paid each week after forty-four (44) hours; hours over forty-four (44) hours shall be paid at time and one half (1-1/2) the basic rate.

Scheduling will allow each Winter Patroller to have one (1) full weekend off per four (4) weeks.

EM CON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 Page9

Page 10: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

ARTICLE 16 - MEAL AND REFRESHMENT BREAKS

16.1 Employees shall have two (2) ten minute break periods, one in the first half and one in the second half of each shift. When overtime is worked, break periods shall be scheduled for approximately the middle of each four (4)

hour work period. Employees shall be entitled to a one half (1/2) hour eating period in the middle of his/her shift.

16.2 When the work situation dictates that employees must work through their lunch break, then they will be paid for their time. Payment to be approved by the Supervisor.

ARTICLE 17 - RECALL AND PREMIUM CALL-OUT

17.1 An employee who reports to work on any day shall receive a minimum of four (4) hours pay and shall remain at any work covered under the terms of this agreement unless directed by the Employer not to report.

17.2 When an employee is recalled to work after completion of his normal days work, the employee shall be paid a minimum of four (4) hours pay at the applicable rate. For clarification, a normal workday is defined as per Article 14.1 and 15.1.

ARTICLE 18-TRAVEL TIME

18.1 When an employee is required to work outside of their home patrol, suitable transportation will be provided and overtime rates will be paid, if applicable.

ARTICLE 19 - ON CALL SUMMER SEASON

19.1 When an employee is required to be on call, they shall receive one hundred fifty dollars ($150.00) per week. Employees on call shall be provided with a company vehicle for those days on call.

In weeks in which a statutory holiday is to be observed, an Employee who is required to be on call shall receive one hundred and seventy five dollars ($175.00). On Call Employees shall be paid for any hours worked as outlined in Article 14.1.

ARTICLE 20- PENSION, BENEFITS AND SICK DAYS

20.1 The Employer shall provide a benefit plan for all full time employees, also covering their spouses and children, if applicable. The Employer shall provide the employee with a copy of the plan, which shall include but not be limited to the following coverage:

• Long term disability of $1,000 per month (employee only); • Life Insurance coverage of one (1) years' salary (employee only); • Dependent Life Insurance of $5,000 for spouse and $2,500 for each child; • Medical Benefits coverage at 80%;

• Vision Care coverage at $200 for eye glasses every two years; • Basic Dental coverage at 80% and Major Restorative coverage at 50% to a lifetime maximum of $5,000. • Bereavement coverage for three (3) days; • Prescription Drug coverage at 80%.

20.2 For full time employees with less than one (1) year service to the Employer, the Employer shall contribute two percent {2%} of wage earnings (excluding overtime) to an RRSP on the employees behalf. For full time employees with more than one (1) year service to the Employer, the Employer shall contribute four percent {4%)

EM CON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 Page 10

Page 11: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

of wage earnings (excluding overtime) to an RRSP on the employee's behalf. Employees may also contribute an amount up to four (4) percent of wages (excluding overtime) to their RRSP.

20.3 Full time employees shall be entitled to five (5) sick days with pay per year. The five (5) sick days shall represent 40 hours of pay based on 5 days times 8 hours per day equaling 40 hours. Half of any unused sick days shall be paid out to the employee the first payroll period following May 1". Employees who do not complete a full year of employment and cease to be employed by the Employer shall have the five (5) sick days pro-rated for time worked during the year ie. 6 months = 2.5 sick days.

ARTICLE 21- WAGES AND CLASSIFICATIONS

21.1 All classifications listed in the wage table shall receive the following wage increase:

Classification October 1, October 1, October 1, 2018 2019 2020

Mechanic 31.63 $32.20 $32.78

Foreperson 23.81 $24.24 $24.68

Permanent Maintenance 22.74 $23.15 $23.57 Worker/Operator

Seasonal Maintenance 20.21 $20.57 $20.94 Worker/Operator

Winter Patroller $1.00/Hour over base rate (except Foreman)

AZ Premium (per 21.1 e) $1.20/Hour per Article 21.1 e)

a) All employees will receive a letter of employment which confirms classification and job duties; b) The employer will provide a list of employees with job classifications for each summer and winter season to

the union representative; c) Employees who perform work in classification of Foreperson shall be paid the hourly rate of said

classification. d) If in the course of an employee's duty (Permanent/Returning Seasonal) they are required by the Employer to

obtain or possess an AZ/DZ license, the employer shall grant one hundred fifty dollars ($150.00) as required to offset the cost of the physical to maintain such license; Returning Seasonal Employees shall receive an allowance up to one hundred and fifty dollars ($150.00) after they have completed three consecutive seasons of service with the Employer. The Employee will supply the Employer a receipt for such medical examination.

e) When a full-time employee is requested to utilize their AZ license, they will receive a premium of one dollar twenty cents ($1.20) over their regular hourly rate for all hours worked on that shift. When a seasonal employee is requested to utilize their AZ license, they will receive the classification Permanent Maintenance Worker wage rate for all hours worked that shift.

21.2 a) When a vacancy or a new position occurs in any job within the bargaining unit, notice of such vacancy shall be posted for five (5) days on the bulletin board at the yards and sub yards. The Employer shall promptly transmit to the Union, a copy of each notice of vacancy so posted. All vacancies or new positions shall designate the job and the rate of such job. Any employee may apply in writing for such within the time limit specified above.

EM CON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 Page 11

Page 12: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

b) The Employer shall consider applicants for the job and the ability of the individual to fulfill the requirements of the job will be of paramount importance. Where two people are considered to be equal in ability, then length of service will be the deciding factor.

Probationary Period: All newly hired employees will serve a probationary period of 240 worked hours. During this period, the newly hired employees will receive a rate of pay of one dollar less than the position hired for and will receive no benefits of any kind.

Returning seasonal workers will not have to re-serve a probationary period unless they are assuming a new role or position. In this case, they will serve a thirty (30) calendar day familiarization period. If unsuccessful in the new role, the employee shall return to their previous role.

On completion of the probationary period, all new employees shall become a member of the Union within seven (7) days and shall remain a member, in good standing, for the duration of his/her employment.

21.3 In the event the Employer creates a new classification which falls within the scope of the bargaining unit, the Union and the Employer will meet and discuss a rate of pay appropriate to the classification. If the parties are unable to agree on that rate, the disagreement will be referred to arbitration as provided herein.

ARTICLE 22- PAY EQUITY

22.1 The parties agree that as of April 1, 2009, there are no female dominated job classes within the bargaining unit, and therefore, there is no pay equity adjustments required. This is deemed to constitute the Pay Equity Plan for the Employer and the Union.

ARTICLE 23 - HUMAN RIGHTS

23.1 Whenever the masculine gender is used in this Agreement, the agreement shall be read as if the feminine gender was included, and all the terms and conditions of this agreement shall be applied equally to all members of the Union without discrimination of any nature whatsoever because of race, sex, religious beliefs, political opinions or any other ground prohibited by the Ontario Human Rights Code.

EM CON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021 Page 12

Page 13: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

...

In witness whereof, the parties have caused this instrument to be executed by their duly authorized representatives:

Signed this q day of Nt!remb«" I 2018

ON BEHALF OF:

EMCON SERVICES INC, Simcoe AMC

Signif&d

Address

Telephone & Fax Numbers

Email Address

EM CON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021

ON BEHALF OF:

INTERNATIONAL UNION OF OPERATING ENGINEERS,

Mike Ga llag r, Business Manager

;? Jo~

Rick Kerr, Treasurer

Joe 6'6wdall, Vice-President

Page 13

Page 14: EMCON SERVICES INC. SIMCOE AMC · 2019. 5. 11. · 2.1 All employees of Emcon Services Inc., Simcoe AMC employed in the Township of Severn and at 2224 Flos Road, Hillsdale, ON save

L . ,,

LETTER OF UNDERSTANDING

BETWEEN:

EMCON SERVICES INC., SIMCOE AMC

(hereinafter referred to as the "Employer")

and

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

(hereinafter referred to as the " Union")

The parties agree that despite the Contracting Out language as set out in Article 3.4 of the Collective Agreement, in the event the Employer is unable to comply fully with the Contracting Out language, it sha ll contact the Union as soon as reasonably practicable.

The Union and the Employer shall meet and discuss a temporary enablement of the Contracting Out language. Any agreement to temporarily enable the Contracting Out language shall be mutually agreed to in writing between the Parties.

This Letter of Understanding shall form part of this Co llective Agreement.

Signed this_!}__ day of l/tNJeJn/,;r , 2018

ON BEHALF OF:

EMCON SERVICES INC, Simcoe AMC

Signat~

Address

Telephone & Fax Numbers

Email Address

EMCON SERVICES INC. SIMCOE AMC COLDWATER AND HILLSDALE YARDS OCTOBER 1, 2018 TO SEPTEMBER 30, 2021

ON BEHALF OF:

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

Joe Re aw, President

~~ Rick Kerr, Treasurer

JVo(}wdall, Vice-President

Page 14