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UAV n 2012 cou.ECTIVE ARGAINING INFORMATIO COLLECTIVE AGREEMENT BETWEEN: AECON UTILITIES, A DIVISION OF AECON CONSTRUCTION GROUP INC. -AND- UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA COLLECTIVE AGREEMENT

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Page 1: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

UAV n 2012

couECTIVE ARGAINING INFORMATIO ~SERVICES

COLLECTIVE AGREEMENT

BETWEEN

AECON UTILITIES A DIVISION OF AECON CONSTRUCTION GROUP INC

-AND-

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND

CANADA

COLLECTIVE AGREEMENT

BETWEEN

AECON UTILITIES A DIVISION OF AECON CONSTRUCTION GROUP INC

-AND-

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND

CANADA

TABLE OF CONTENTS

ARTICLE I RECOGNITION 4

ARTICLE 2 UNION SECURITY 5

ARTICLE 3 MANAGEMENT RIGHTS 5

ARTICLE 4 GRIEVANCE PROCEDURE 6

ARTICLE 5 ARBITRATION 7

ARTICLE 6- MANAGEMENT GRIEVANCES AND UNION GRIEVANCES 8

ARTICLE 7 STATUTORY HOLIDAYS VACATION PAY AND STATUTORY HOLIDAY PAY HOURS OF WORK WAGE RATES ETC 8

ARTICLE 8 UNION REPRESENTATION 8

ARTICLE 9 PRODUCTIVITY 8

ARTICLE 10- PAYMENT OF WAGES 9

ARTICLE II- SAFETY SANITATION AND SHELTER 10

ARTICLE 12- WELFARE AND PENSION 10

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FROM COMPENSABLE ACCIDENT 12

ARTICLE 14- GOVERNMENT LEGISLATION 12

ARTICLE 15- DURATION 13

SCHEDULE A

ARTICLE 1 -HOURS OF WORK AND OVERTIME 14

ARTICLE 2- CLASSIFICATION AND WAGES 15

SCHEDULE B

ARTICLE I-

ARTICLE 2 WORKING DUES 16

ARTICLE 3 REPORTING ALLOWANCE 17

ARTICLE 4 SHIFT PREMIUMS 17

ARTICLE 5 BENEFIT AND PENSIONS I8

THIS AGREEMENT made and entered into this 6-t4- day of 117JtJ (_ 20 L

BETWEEN

AECON UTILITIES A DIVISION OF AECON CONSTRUCTION GROUP INC

(hereinafter called the Employer)

OF THE FIRST PART

and

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND

CANADA

(hereinafter called the Union)

OFTHESECONDPARTY

ARTICLE 1 -RECOGNITION

101 The Employer recognizes the Union as the exclusive bargaining agent of all Pipeline Inspectors and Pre-Inspectors employed by the Employer at and out ofOshawa Ontario and at and out of Holland Landing Ontario save and except Quality Assurance Inspectors Project Coordinators and persons above the rank of Project Coordinator sales office and clerical employees and persons covered by subsisting collective agreements

1 02 Wherever the masculine gender is used it is deemed to refer as well to the feminine gender as appropriate

ARTICLE 2 UNION SECURITY

201 (a) Employees on the payroll of the Employer as of the date of ratification of this Collective Agreement may become and thereafter remain members of the Union as a condition of employment

(b) All employees of the Employer hired on or after the ratification of this Agreement shall upon completion of their probation become and thereafter remain members of the Union as a condition of employment Upon being hired by the Employer the employee shall register with the Union Upon registration the Union shall issue a referral slip to the employee The employee shall register and provide the Employer with the referral slip within seven days of being hired

(c) All employees shall serve a probationary period of 40 worked days during which they may be laid off or tenninated without cause provided the termination is not in bad faith or discriminatory

202 Monthly Union Dues

The Employer shall contribute monthly union dues in the amount of$3500 per month (also known as over the counter dues) for each employee covered by this agreement The Employer agrees to make such contributions each calendar month and remit the same to the Union not later then the fifteenth ( 15111

) day of the following month to the Secretary-Treasurer of the Union The Employer shall when remitting such dues name the employees and their social insurance numbers

ARTICLE 3 MANAGEMENT RlGHTS

30 I The Union agrees that it is the exclusive function of each Employer covered by this Agreement

(a) To conduct his business in all respects in accordance with its commitments and responsibilities including the right to manage the jobs locate extend curtail or cease operations to detennine the number of men required at any or all operations to detennine the kinds and locations of machines tools and equipment to be used and the schedules of production to judge the qualifications of the employees and to maintain order discipline and efficiency

(b) To hire discharge classifY transfer promote demote lay off suspend or otherwise discipline employees save and except probationary employees provided that a claim by an employee that he has been discharged suspended or disciplined without just cause may be the subject of grievance under the provisions of the Grievance Procedure except in the case of probationary employees

(c) To make alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the employees

(d) it is agreed that these functions shall not be exercised in a manner inconsistent with express provisions of this Agreement

ARTICLE 4 GRIEVANCE PROCEDURE

401 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible

402 Grievances properly arising under this Agreement shall be adjusted and settled as follows

Step No I

Within five (5) working days after the circumstances giving rise to the grievance occurred or originated save and except grievances involving monetary items (as defined

in Section 403 below) the agreed employee with his Business Representative may present his grievance which shall be reduced to writing to the Employer Should no settlement satisfactory to the employee be reached within five (5) full working days the next step in the grievance procedure may be taken at any time within five (5) full working days thereafter

Step No2

The Union if it considers it a valid grievance may submit the grievance to the Employer and the parties shall meet within five (5) working days thereafter in an endeavour to settle the grievance If a satisfactory settlement is not reached within five (5) working days from this meeting and ifthe grievance is one which concerns the interpretation or alleged violation of the Agreement the grievance may be submitted to arbitration as provided in Article 5 below at any time within ten (I 0) working days thereafter but no later

403 Monetary grievances are defined as those arising under this agreement involving payment for hours of work rates of pay overtime vacation and statutory holiday pay shift premiums traveling expenses room and board allowances pension and welfare contributions Union dues and reporting allowances Such monetary grievances shall be brought forward at Step No 1 within three (3) months after the circumstances giving rise to the grievance occurred or originated It is further understood that the adjustment of any such grievance may be retroactive to the first day of the alleged violation

404 Monetary grievances shall be brought forward at Step No I within three (3) months after the circumstances giving rise to the grievance becoming known or ought to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violations within the three (3) month period

405 Benefit grievances shall be brought forward at Step 1 within twelve ( 12) months after the circumstances giving rise to the grievances become known or ought reasonably to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation within the twelve ( 12) month period

ARTICLE 5 -ARBITRATION

501 The parties to this Agreement agree that any grievance concerning the interpretation of alleged violation ofthis Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article 4 above and which has been settled will be referred to a board of Arbitration at the request of either of the parties hereto

502 The Board of Arbitration will be composed of one (1) person appointed by the Employer one ( 1) person appointed by the Union and a third person to act as Chair chosen by the other two (2) members of the Board

503 Within two (2) working days of the request of either party for a Board each party shall notify the other in writing the name of its appointee

504 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 Chair within five (5) days of the notification

mentioned in Article 503 above and the Minister of Labour of the Province of Ontario wi II be asked to nominate an impartial person to act as Chair

505 The decisions ofthe Board of Arbitration or majority of such Board constituted in the above manner or ifthere is no majority the decision of the Chair shall be binding upon the employees the Union and the Employer

506 The Board of Arbitration shall not have any 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 decision inconsistent with the terms and provisions ofthis Agreement

507 Each of the parties to this Agreement will bear the expense ofthe Arbitrator appointed by it and the parties will jointly bear the expense if any of the Chair

508 (a) The nature of the grievance the remedy sought and the Article or Articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance and may not be subject to change in later Steps

(b) In determining the time which is allowed in the various Steps Sundays and Statutory Holidays shall be excluded Any grievance not processed in accordance with the time limits specified therein or as otherwise extended in writing shall be deemed to have been abandoned and may not be reopened

ARTICLE 6- MANAGEMENT GRIEVANCES AND UNION GRIEVANCES

601 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the satisfaction ofthe parties concerned it may be treated as a grievance and referred to arbitration in the same way as a grievance of an employee Such grievances shall be processed at Step No2 of the Grievance Procedure set out in Article 4 hereof

602 A Union grievance which is defined as an alleged violation of this Agreement involving all or a number of the employees in the bargaining unit in regard to which an individual employee could not grieve or in regard to which a number of employees have signified an intention to grieve or a grievance involving the Union itself may be brought forward in writing in this same manner and within the same time limits as in the case of an employee grievance Such grievance shall be processed at Step No2 of the Grievance Procedure as set out in Article 4 hereof If it is not settled it may go to a Board of Arbitration in the same manner as a grievance of an employee

603 The parties agree that the right to honour lawful picket lines established by the Union shall not become effective until the passage of the enabling legislation in the Ontario Labour Relations Act

ARTICLE 7- STATUTORY HOLIDAYS VACATION PAY AND STATUTORY HOLIDAY PAY HOURS OF WORK WAGE RATES ETC

701 Attached hereto as Schedules A and B to this Agreement are Schedules of statutory holidays vacation pay statutory holiday pay hours of work wages rates and other conditions of employment etc which are hereby made a part of this Agreement

ARTICLE 8- UNION REPRESENTATION

801 The Business Representative of the Union shall have access to all working areas during working hours as necessary for the administration of this Agreement but in no case shall his visits interfere with the progress of work When visiting a job he will first advise the Superintendent or other supervisory personnel as designated by the Employer Where clearance is required from the owner it is the responsibility of the Union to obtain such clearance The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men

802 The Employer agrees to recognize one (l) Steward for up to twenty (20) employees but shall not be obliged to recognize such steward until the Job Superintendent or the Foreman on the job if there is no Job Superintendent has been informed by the Business Representative of the appointment Such appointment shall be confirmed by the Union in writing to the Employer within seven (7) working days thereafter The Steward will not be excluded from overtime work on his crew provided he is able to do the work required and shall be the last man retained by the Employer if competent to perform the available work remaining

ARTICLE 9 -PRODUCTIVITY

90 I The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity

902 In view of the grievance and arbitration procedures provided in this Agreement there shall be no strikes or lockouts so long as this Agreement continues to operate except as set out in Article 603

903 The Union shall not involve the Employer in any dispute which may arise between the Union and any other company and the employees of such other company The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes

904 The Employer agrees that a subcontract of work covered by this Agreement save and except Locates shall not result in the layoff of employees in the bargaining unit unless the subcontract is with an employer in contractual relations with the Union

ARTICLE 10 PAYMENT OF WAGES

I 00 I Wages shall be paid weekly by cash or cheque on the job at the option of the Employer and shall be accompanied by a slip outlining all hours of work overtime hours hourly rate deductions for income tax employment insurance pension etc where applicable In the event that wages are paid by cheque pay day shall be no later than Thursday If the Employer presently pays employees covered by this Agreement every two (2) weeks it shall not during the lifetime of this Agreement be required to change its pay practice

I 002 In the case of layoff all men shall receive one ( 1) hours notice in advance of the layoff or pay in lieu thereof

l 003 Whenever Employment Insurance Separation Certificate Ontario Health Insurance Plan Form Vacation Pay and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination they shall be sent by the Employer to the employee by registered mail to his last known address on file with the company within seventy-two (72) hours of the time of termination

Further an employee who is laid off will be sent his pay cheque within seventy-two (72) hours of layoff and an employee who quits shall be sent his pay cheque not later than the next regular pay day

ARTICLE II -SAFETY SANITATION AND SHELTER

110 I The Employer where practicable will provide a separate adequately-heated lunch room to be maintained in a sanitary condition

The Employer will provide a separate adequately heated change area in which the employees may wash change and store their clothing This change area shall be securely locked when not in use

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 2: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

BETWEEN

AECON UTILITIES A DIVISION OF AECON CONSTRUCTION GROUP INC

-AND-

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND

CANADA

TABLE OF CONTENTS

ARTICLE I RECOGNITION 4

ARTICLE 2 UNION SECURITY 5

ARTICLE 3 MANAGEMENT RIGHTS 5

ARTICLE 4 GRIEVANCE PROCEDURE 6

ARTICLE 5 ARBITRATION 7

ARTICLE 6- MANAGEMENT GRIEVANCES AND UNION GRIEVANCES 8

ARTICLE 7 STATUTORY HOLIDAYS VACATION PAY AND STATUTORY HOLIDAY PAY HOURS OF WORK WAGE RATES ETC 8

ARTICLE 8 UNION REPRESENTATION 8

ARTICLE 9 PRODUCTIVITY 8

ARTICLE 10- PAYMENT OF WAGES 9

ARTICLE II- SAFETY SANITATION AND SHELTER 10

ARTICLE 12- WELFARE AND PENSION 10

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FROM COMPENSABLE ACCIDENT 12

ARTICLE 14- GOVERNMENT LEGISLATION 12

ARTICLE 15- DURATION 13

SCHEDULE A

ARTICLE 1 -HOURS OF WORK AND OVERTIME 14

ARTICLE 2- CLASSIFICATION AND WAGES 15

SCHEDULE B

ARTICLE I-

ARTICLE 2 WORKING DUES 16

ARTICLE 3 REPORTING ALLOWANCE 17

ARTICLE 4 SHIFT PREMIUMS 17

ARTICLE 5 BENEFIT AND PENSIONS I8

THIS AGREEMENT made and entered into this 6-t4- day of 117JtJ (_ 20 L

BETWEEN

AECON UTILITIES A DIVISION OF AECON CONSTRUCTION GROUP INC

(hereinafter called the Employer)

OF THE FIRST PART

and

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND

CANADA

(hereinafter called the Union)

OFTHESECONDPARTY

ARTICLE 1 -RECOGNITION

101 The Employer recognizes the Union as the exclusive bargaining agent of all Pipeline Inspectors and Pre-Inspectors employed by the Employer at and out ofOshawa Ontario and at and out of Holland Landing Ontario save and except Quality Assurance Inspectors Project Coordinators and persons above the rank of Project Coordinator sales office and clerical employees and persons covered by subsisting collective agreements

1 02 Wherever the masculine gender is used it is deemed to refer as well to the feminine gender as appropriate

ARTICLE 2 UNION SECURITY

201 (a) Employees on the payroll of the Employer as of the date of ratification of this Collective Agreement may become and thereafter remain members of the Union as a condition of employment

(b) All employees of the Employer hired on or after the ratification of this Agreement shall upon completion of their probation become and thereafter remain members of the Union as a condition of employment Upon being hired by the Employer the employee shall register with the Union Upon registration the Union shall issue a referral slip to the employee The employee shall register and provide the Employer with the referral slip within seven days of being hired

(c) All employees shall serve a probationary period of 40 worked days during which they may be laid off or tenninated without cause provided the termination is not in bad faith or discriminatory

202 Monthly Union Dues

The Employer shall contribute monthly union dues in the amount of$3500 per month (also known as over the counter dues) for each employee covered by this agreement The Employer agrees to make such contributions each calendar month and remit the same to the Union not later then the fifteenth ( 15111

) day of the following month to the Secretary-Treasurer of the Union The Employer shall when remitting such dues name the employees and their social insurance numbers

ARTICLE 3 MANAGEMENT RlGHTS

30 I The Union agrees that it is the exclusive function of each Employer covered by this Agreement

(a) To conduct his business in all respects in accordance with its commitments and responsibilities including the right to manage the jobs locate extend curtail or cease operations to detennine the number of men required at any or all operations to detennine the kinds and locations of machines tools and equipment to be used and the schedules of production to judge the qualifications of the employees and to maintain order discipline and efficiency

(b) To hire discharge classifY transfer promote demote lay off suspend or otherwise discipline employees save and except probationary employees provided that a claim by an employee that he has been discharged suspended or disciplined without just cause may be the subject of grievance under the provisions of the Grievance Procedure except in the case of probationary employees

(c) To make alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the employees

(d) it is agreed that these functions shall not be exercised in a manner inconsistent with express provisions of this Agreement

ARTICLE 4 GRIEVANCE PROCEDURE

401 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible

402 Grievances properly arising under this Agreement shall be adjusted and settled as follows

Step No I

Within five (5) working days after the circumstances giving rise to the grievance occurred or originated save and except grievances involving monetary items (as defined

in Section 403 below) the agreed employee with his Business Representative may present his grievance which shall be reduced to writing to the Employer Should no settlement satisfactory to the employee be reached within five (5) full working days the next step in the grievance procedure may be taken at any time within five (5) full working days thereafter

Step No2

The Union if it considers it a valid grievance may submit the grievance to the Employer and the parties shall meet within five (5) working days thereafter in an endeavour to settle the grievance If a satisfactory settlement is not reached within five (5) working days from this meeting and ifthe grievance is one which concerns the interpretation or alleged violation of the Agreement the grievance may be submitted to arbitration as provided in Article 5 below at any time within ten (I 0) working days thereafter but no later

403 Monetary grievances are defined as those arising under this agreement involving payment for hours of work rates of pay overtime vacation and statutory holiday pay shift premiums traveling expenses room and board allowances pension and welfare contributions Union dues and reporting allowances Such monetary grievances shall be brought forward at Step No 1 within three (3) months after the circumstances giving rise to the grievance occurred or originated It is further understood that the adjustment of any such grievance may be retroactive to the first day of the alleged violation

404 Monetary grievances shall be brought forward at Step No I within three (3) months after the circumstances giving rise to the grievance becoming known or ought to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violations within the three (3) month period

405 Benefit grievances shall be brought forward at Step 1 within twelve ( 12) months after the circumstances giving rise to the grievances become known or ought reasonably to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation within the twelve ( 12) month period

ARTICLE 5 -ARBITRATION

501 The parties to this Agreement agree that any grievance concerning the interpretation of alleged violation ofthis Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article 4 above and which has been settled will be referred to a board of Arbitration at the request of either of the parties hereto

502 The Board of Arbitration will be composed of one (1) person appointed by the Employer one ( 1) person appointed by the Union and a third person to act as Chair chosen by the other two (2) members of the Board

503 Within two (2) working days of the request of either party for a Board each party shall notify the other in writing the name of its appointee

504 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 Chair within five (5) days of the notification

mentioned in Article 503 above and the Minister of Labour of the Province of Ontario wi II be asked to nominate an impartial person to act as Chair

505 The decisions ofthe Board of Arbitration or majority of such Board constituted in the above manner or ifthere is no majority the decision of the Chair shall be binding upon the employees the Union and the Employer

506 The Board of Arbitration shall not have any 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 decision inconsistent with the terms and provisions ofthis Agreement

507 Each of the parties to this Agreement will bear the expense ofthe Arbitrator appointed by it and the parties will jointly bear the expense if any of the Chair

508 (a) The nature of the grievance the remedy sought and the Article or Articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance and may not be subject to change in later Steps

(b) In determining the time which is allowed in the various Steps Sundays and Statutory Holidays shall be excluded Any grievance not processed in accordance with the time limits specified therein or as otherwise extended in writing shall be deemed to have been abandoned and may not be reopened

ARTICLE 6- MANAGEMENT GRIEVANCES AND UNION GRIEVANCES

601 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the satisfaction ofthe parties concerned it may be treated as a grievance and referred to arbitration in the same way as a grievance of an employee Such grievances shall be processed at Step No2 of the Grievance Procedure set out in Article 4 hereof

602 A Union grievance which is defined as an alleged violation of this Agreement involving all or a number of the employees in the bargaining unit in regard to which an individual employee could not grieve or in regard to which a number of employees have signified an intention to grieve or a grievance involving the Union itself may be brought forward in writing in this same manner and within the same time limits as in the case of an employee grievance Such grievance shall be processed at Step No2 of the Grievance Procedure as set out in Article 4 hereof If it is not settled it may go to a Board of Arbitration in the same manner as a grievance of an employee

603 The parties agree that the right to honour lawful picket lines established by the Union shall not become effective until the passage of the enabling legislation in the Ontario Labour Relations Act

ARTICLE 7- STATUTORY HOLIDAYS VACATION PAY AND STATUTORY HOLIDAY PAY HOURS OF WORK WAGE RATES ETC

701 Attached hereto as Schedules A and B to this Agreement are Schedules of statutory holidays vacation pay statutory holiday pay hours of work wages rates and other conditions of employment etc which are hereby made a part of this Agreement

ARTICLE 8- UNION REPRESENTATION

801 The Business Representative of the Union shall have access to all working areas during working hours as necessary for the administration of this Agreement but in no case shall his visits interfere with the progress of work When visiting a job he will first advise the Superintendent or other supervisory personnel as designated by the Employer Where clearance is required from the owner it is the responsibility of the Union to obtain such clearance The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men

802 The Employer agrees to recognize one (l) Steward for up to twenty (20) employees but shall not be obliged to recognize such steward until the Job Superintendent or the Foreman on the job if there is no Job Superintendent has been informed by the Business Representative of the appointment Such appointment shall be confirmed by the Union in writing to the Employer within seven (7) working days thereafter The Steward will not be excluded from overtime work on his crew provided he is able to do the work required and shall be the last man retained by the Employer if competent to perform the available work remaining

ARTICLE 9 -PRODUCTIVITY

90 I The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity

902 In view of the grievance and arbitration procedures provided in this Agreement there shall be no strikes or lockouts so long as this Agreement continues to operate except as set out in Article 603

903 The Union shall not involve the Employer in any dispute which may arise between the Union and any other company and the employees of such other company The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes

904 The Employer agrees that a subcontract of work covered by this Agreement save and except Locates shall not result in the layoff of employees in the bargaining unit unless the subcontract is with an employer in contractual relations with the Union

ARTICLE 10 PAYMENT OF WAGES

I 00 I Wages shall be paid weekly by cash or cheque on the job at the option of the Employer and shall be accompanied by a slip outlining all hours of work overtime hours hourly rate deductions for income tax employment insurance pension etc where applicable In the event that wages are paid by cheque pay day shall be no later than Thursday If the Employer presently pays employees covered by this Agreement every two (2) weeks it shall not during the lifetime of this Agreement be required to change its pay practice

I 002 In the case of layoff all men shall receive one ( 1) hours notice in advance of the layoff or pay in lieu thereof

l 003 Whenever Employment Insurance Separation Certificate Ontario Health Insurance Plan Form Vacation Pay and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination they shall be sent by the Employer to the employee by registered mail to his last known address on file with the company within seventy-two (72) hours of the time of termination

Further an employee who is laid off will be sent his pay cheque within seventy-two (72) hours of layoff and an employee who quits shall be sent his pay cheque not later than the next regular pay day

ARTICLE II -SAFETY SANITATION AND SHELTER

110 I The Employer where practicable will provide a separate adequately-heated lunch room to be maintained in a sanitary condition

The Employer will provide a separate adequately heated change area in which the employees may wash change and store their clothing This change area shall be securely locked when not in use

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 3: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

SCHEDULE B

ARTICLE I-

ARTICLE 2 WORKING DUES 16

ARTICLE 3 REPORTING ALLOWANCE 17

ARTICLE 4 SHIFT PREMIUMS 17

ARTICLE 5 BENEFIT AND PENSIONS I8

THIS AGREEMENT made and entered into this 6-t4- day of 117JtJ (_ 20 L

BETWEEN

AECON UTILITIES A DIVISION OF AECON CONSTRUCTION GROUP INC

(hereinafter called the Employer)

OF THE FIRST PART

and

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND

CANADA

(hereinafter called the Union)

OFTHESECONDPARTY

ARTICLE 1 -RECOGNITION

101 The Employer recognizes the Union as the exclusive bargaining agent of all Pipeline Inspectors and Pre-Inspectors employed by the Employer at and out ofOshawa Ontario and at and out of Holland Landing Ontario save and except Quality Assurance Inspectors Project Coordinators and persons above the rank of Project Coordinator sales office and clerical employees and persons covered by subsisting collective agreements

1 02 Wherever the masculine gender is used it is deemed to refer as well to the feminine gender as appropriate

ARTICLE 2 UNION SECURITY

201 (a) Employees on the payroll of the Employer as of the date of ratification of this Collective Agreement may become and thereafter remain members of the Union as a condition of employment

(b) All employees of the Employer hired on or after the ratification of this Agreement shall upon completion of their probation become and thereafter remain members of the Union as a condition of employment Upon being hired by the Employer the employee shall register with the Union Upon registration the Union shall issue a referral slip to the employee The employee shall register and provide the Employer with the referral slip within seven days of being hired

(c) All employees shall serve a probationary period of 40 worked days during which they may be laid off or tenninated without cause provided the termination is not in bad faith or discriminatory

202 Monthly Union Dues

The Employer shall contribute monthly union dues in the amount of$3500 per month (also known as over the counter dues) for each employee covered by this agreement The Employer agrees to make such contributions each calendar month and remit the same to the Union not later then the fifteenth ( 15111

) day of the following month to the Secretary-Treasurer of the Union The Employer shall when remitting such dues name the employees and their social insurance numbers

ARTICLE 3 MANAGEMENT RlGHTS

30 I The Union agrees that it is the exclusive function of each Employer covered by this Agreement

(a) To conduct his business in all respects in accordance with its commitments and responsibilities including the right to manage the jobs locate extend curtail or cease operations to detennine the number of men required at any or all operations to detennine the kinds and locations of machines tools and equipment to be used and the schedules of production to judge the qualifications of the employees and to maintain order discipline and efficiency

(b) To hire discharge classifY transfer promote demote lay off suspend or otherwise discipline employees save and except probationary employees provided that a claim by an employee that he has been discharged suspended or disciplined without just cause may be the subject of grievance under the provisions of the Grievance Procedure except in the case of probationary employees

(c) To make alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the employees

(d) it is agreed that these functions shall not be exercised in a manner inconsistent with express provisions of this Agreement

ARTICLE 4 GRIEVANCE PROCEDURE

401 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible

402 Grievances properly arising under this Agreement shall be adjusted and settled as follows

Step No I

Within five (5) working days after the circumstances giving rise to the grievance occurred or originated save and except grievances involving monetary items (as defined

in Section 403 below) the agreed employee with his Business Representative may present his grievance which shall be reduced to writing to the Employer Should no settlement satisfactory to the employee be reached within five (5) full working days the next step in the grievance procedure may be taken at any time within five (5) full working days thereafter

Step No2

The Union if it considers it a valid grievance may submit the grievance to the Employer and the parties shall meet within five (5) working days thereafter in an endeavour to settle the grievance If a satisfactory settlement is not reached within five (5) working days from this meeting and ifthe grievance is one which concerns the interpretation or alleged violation of the Agreement the grievance may be submitted to arbitration as provided in Article 5 below at any time within ten (I 0) working days thereafter but no later

403 Monetary grievances are defined as those arising under this agreement involving payment for hours of work rates of pay overtime vacation and statutory holiday pay shift premiums traveling expenses room and board allowances pension and welfare contributions Union dues and reporting allowances Such monetary grievances shall be brought forward at Step No 1 within three (3) months after the circumstances giving rise to the grievance occurred or originated It is further understood that the adjustment of any such grievance may be retroactive to the first day of the alleged violation

404 Monetary grievances shall be brought forward at Step No I within three (3) months after the circumstances giving rise to the grievance becoming known or ought to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violations within the three (3) month period

405 Benefit grievances shall be brought forward at Step 1 within twelve ( 12) months after the circumstances giving rise to the grievances become known or ought reasonably to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation within the twelve ( 12) month period

ARTICLE 5 -ARBITRATION

501 The parties to this Agreement agree that any grievance concerning the interpretation of alleged violation ofthis Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article 4 above and which has been settled will be referred to a board of Arbitration at the request of either of the parties hereto

502 The Board of Arbitration will be composed of one (1) person appointed by the Employer one ( 1) person appointed by the Union and a third person to act as Chair chosen by the other two (2) members of the Board

503 Within two (2) working days of the request of either party for a Board each party shall notify the other in writing the name of its appointee

504 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 Chair within five (5) days of the notification

mentioned in Article 503 above and the Minister of Labour of the Province of Ontario wi II be asked to nominate an impartial person to act as Chair

505 The decisions ofthe Board of Arbitration or majority of such Board constituted in the above manner or ifthere is no majority the decision of the Chair shall be binding upon the employees the Union and the Employer

506 The Board of Arbitration shall not have any 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 decision inconsistent with the terms and provisions ofthis Agreement

507 Each of the parties to this Agreement will bear the expense ofthe Arbitrator appointed by it and the parties will jointly bear the expense if any of the Chair

508 (a) The nature of the grievance the remedy sought and the Article or Articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance and may not be subject to change in later Steps

(b) In determining the time which is allowed in the various Steps Sundays and Statutory Holidays shall be excluded Any grievance not processed in accordance with the time limits specified therein or as otherwise extended in writing shall be deemed to have been abandoned and may not be reopened

ARTICLE 6- MANAGEMENT GRIEVANCES AND UNION GRIEVANCES

601 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the satisfaction ofthe parties concerned it may be treated as a grievance and referred to arbitration in the same way as a grievance of an employee Such grievances shall be processed at Step No2 of the Grievance Procedure set out in Article 4 hereof

602 A Union grievance which is defined as an alleged violation of this Agreement involving all or a number of the employees in the bargaining unit in regard to which an individual employee could not grieve or in regard to which a number of employees have signified an intention to grieve or a grievance involving the Union itself may be brought forward in writing in this same manner and within the same time limits as in the case of an employee grievance Such grievance shall be processed at Step No2 of the Grievance Procedure as set out in Article 4 hereof If it is not settled it may go to a Board of Arbitration in the same manner as a grievance of an employee

603 The parties agree that the right to honour lawful picket lines established by the Union shall not become effective until the passage of the enabling legislation in the Ontario Labour Relations Act

ARTICLE 7- STATUTORY HOLIDAYS VACATION PAY AND STATUTORY HOLIDAY PAY HOURS OF WORK WAGE RATES ETC

701 Attached hereto as Schedules A and B to this Agreement are Schedules of statutory holidays vacation pay statutory holiday pay hours of work wages rates and other conditions of employment etc which are hereby made a part of this Agreement

ARTICLE 8- UNION REPRESENTATION

801 The Business Representative of the Union shall have access to all working areas during working hours as necessary for the administration of this Agreement but in no case shall his visits interfere with the progress of work When visiting a job he will first advise the Superintendent or other supervisory personnel as designated by the Employer Where clearance is required from the owner it is the responsibility of the Union to obtain such clearance The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men

802 The Employer agrees to recognize one (l) Steward for up to twenty (20) employees but shall not be obliged to recognize such steward until the Job Superintendent or the Foreman on the job if there is no Job Superintendent has been informed by the Business Representative of the appointment Such appointment shall be confirmed by the Union in writing to the Employer within seven (7) working days thereafter The Steward will not be excluded from overtime work on his crew provided he is able to do the work required and shall be the last man retained by the Employer if competent to perform the available work remaining

ARTICLE 9 -PRODUCTIVITY

90 I The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity

902 In view of the grievance and arbitration procedures provided in this Agreement there shall be no strikes or lockouts so long as this Agreement continues to operate except as set out in Article 603

903 The Union shall not involve the Employer in any dispute which may arise between the Union and any other company and the employees of such other company The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes

904 The Employer agrees that a subcontract of work covered by this Agreement save and except Locates shall not result in the layoff of employees in the bargaining unit unless the subcontract is with an employer in contractual relations with the Union

ARTICLE 10 PAYMENT OF WAGES

I 00 I Wages shall be paid weekly by cash or cheque on the job at the option of the Employer and shall be accompanied by a slip outlining all hours of work overtime hours hourly rate deductions for income tax employment insurance pension etc where applicable In the event that wages are paid by cheque pay day shall be no later than Thursday If the Employer presently pays employees covered by this Agreement every two (2) weeks it shall not during the lifetime of this Agreement be required to change its pay practice

I 002 In the case of layoff all men shall receive one ( 1) hours notice in advance of the layoff or pay in lieu thereof

l 003 Whenever Employment Insurance Separation Certificate Ontario Health Insurance Plan Form Vacation Pay and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination they shall be sent by the Employer to the employee by registered mail to his last known address on file with the company within seventy-two (72) hours of the time of termination

Further an employee who is laid off will be sent his pay cheque within seventy-two (72) hours of layoff and an employee who quits shall be sent his pay cheque not later than the next regular pay day

ARTICLE II -SAFETY SANITATION AND SHELTER

110 I The Employer where practicable will provide a separate adequately-heated lunch room to be maintained in a sanitary condition

The Employer will provide a separate adequately heated change area in which the employees may wash change and store their clothing This change area shall be securely locked when not in use

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 4: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

THIS AGREEMENT made and entered into this 6-t4- day of 117JtJ (_ 20 L

BETWEEN

AECON UTILITIES A DIVISION OF AECON CONSTRUCTION GROUP INC

(hereinafter called the Employer)

OF THE FIRST PART

and

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND

CANADA

(hereinafter called the Union)

OFTHESECONDPARTY

ARTICLE 1 -RECOGNITION

101 The Employer recognizes the Union as the exclusive bargaining agent of all Pipeline Inspectors and Pre-Inspectors employed by the Employer at and out ofOshawa Ontario and at and out of Holland Landing Ontario save and except Quality Assurance Inspectors Project Coordinators and persons above the rank of Project Coordinator sales office and clerical employees and persons covered by subsisting collective agreements

1 02 Wherever the masculine gender is used it is deemed to refer as well to the feminine gender as appropriate

ARTICLE 2 UNION SECURITY

201 (a) Employees on the payroll of the Employer as of the date of ratification of this Collective Agreement may become and thereafter remain members of the Union as a condition of employment

(b) All employees of the Employer hired on or after the ratification of this Agreement shall upon completion of their probation become and thereafter remain members of the Union as a condition of employment Upon being hired by the Employer the employee shall register with the Union Upon registration the Union shall issue a referral slip to the employee The employee shall register and provide the Employer with the referral slip within seven days of being hired

(c) All employees shall serve a probationary period of 40 worked days during which they may be laid off or tenninated without cause provided the termination is not in bad faith or discriminatory

202 Monthly Union Dues

The Employer shall contribute monthly union dues in the amount of$3500 per month (also known as over the counter dues) for each employee covered by this agreement The Employer agrees to make such contributions each calendar month and remit the same to the Union not later then the fifteenth ( 15111

) day of the following month to the Secretary-Treasurer of the Union The Employer shall when remitting such dues name the employees and their social insurance numbers

ARTICLE 3 MANAGEMENT RlGHTS

30 I The Union agrees that it is the exclusive function of each Employer covered by this Agreement

(a) To conduct his business in all respects in accordance with its commitments and responsibilities including the right to manage the jobs locate extend curtail or cease operations to detennine the number of men required at any or all operations to detennine the kinds and locations of machines tools and equipment to be used and the schedules of production to judge the qualifications of the employees and to maintain order discipline and efficiency

(b) To hire discharge classifY transfer promote demote lay off suspend or otherwise discipline employees save and except probationary employees provided that a claim by an employee that he has been discharged suspended or disciplined without just cause may be the subject of grievance under the provisions of the Grievance Procedure except in the case of probationary employees

(c) To make alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the employees

(d) it is agreed that these functions shall not be exercised in a manner inconsistent with express provisions of this Agreement

ARTICLE 4 GRIEVANCE PROCEDURE

401 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible

402 Grievances properly arising under this Agreement shall be adjusted and settled as follows

Step No I

Within five (5) working days after the circumstances giving rise to the grievance occurred or originated save and except grievances involving monetary items (as defined

in Section 403 below) the agreed employee with his Business Representative may present his grievance which shall be reduced to writing to the Employer Should no settlement satisfactory to the employee be reached within five (5) full working days the next step in the grievance procedure may be taken at any time within five (5) full working days thereafter

Step No2

The Union if it considers it a valid grievance may submit the grievance to the Employer and the parties shall meet within five (5) working days thereafter in an endeavour to settle the grievance If a satisfactory settlement is not reached within five (5) working days from this meeting and ifthe grievance is one which concerns the interpretation or alleged violation of the Agreement the grievance may be submitted to arbitration as provided in Article 5 below at any time within ten (I 0) working days thereafter but no later

403 Monetary grievances are defined as those arising under this agreement involving payment for hours of work rates of pay overtime vacation and statutory holiday pay shift premiums traveling expenses room and board allowances pension and welfare contributions Union dues and reporting allowances Such monetary grievances shall be brought forward at Step No 1 within three (3) months after the circumstances giving rise to the grievance occurred or originated It is further understood that the adjustment of any such grievance may be retroactive to the first day of the alleged violation

404 Monetary grievances shall be brought forward at Step No I within three (3) months after the circumstances giving rise to the grievance becoming known or ought to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violations within the three (3) month period

405 Benefit grievances shall be brought forward at Step 1 within twelve ( 12) months after the circumstances giving rise to the grievances become known or ought reasonably to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation within the twelve ( 12) month period

ARTICLE 5 -ARBITRATION

501 The parties to this Agreement agree that any grievance concerning the interpretation of alleged violation ofthis Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article 4 above and which has been settled will be referred to a board of Arbitration at the request of either of the parties hereto

502 The Board of Arbitration will be composed of one (1) person appointed by the Employer one ( 1) person appointed by the Union and a third person to act as Chair chosen by the other two (2) members of the Board

503 Within two (2) working days of the request of either party for a Board each party shall notify the other in writing the name of its appointee

504 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 Chair within five (5) days of the notification

mentioned in Article 503 above and the Minister of Labour of the Province of Ontario wi II be asked to nominate an impartial person to act as Chair

505 The decisions ofthe Board of Arbitration or majority of such Board constituted in the above manner or ifthere is no majority the decision of the Chair shall be binding upon the employees the Union and the Employer

506 The Board of Arbitration shall not have any 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 decision inconsistent with the terms and provisions ofthis Agreement

507 Each of the parties to this Agreement will bear the expense ofthe Arbitrator appointed by it and the parties will jointly bear the expense if any of the Chair

508 (a) The nature of the grievance the remedy sought and the Article or Articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance and may not be subject to change in later Steps

(b) In determining the time which is allowed in the various Steps Sundays and Statutory Holidays shall be excluded Any grievance not processed in accordance with the time limits specified therein or as otherwise extended in writing shall be deemed to have been abandoned and may not be reopened

ARTICLE 6- MANAGEMENT GRIEVANCES AND UNION GRIEVANCES

601 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the satisfaction ofthe parties concerned it may be treated as a grievance and referred to arbitration in the same way as a grievance of an employee Such grievances shall be processed at Step No2 of the Grievance Procedure set out in Article 4 hereof

602 A Union grievance which is defined as an alleged violation of this Agreement involving all or a number of the employees in the bargaining unit in regard to which an individual employee could not grieve or in regard to which a number of employees have signified an intention to grieve or a grievance involving the Union itself may be brought forward in writing in this same manner and within the same time limits as in the case of an employee grievance Such grievance shall be processed at Step No2 of the Grievance Procedure as set out in Article 4 hereof If it is not settled it may go to a Board of Arbitration in the same manner as a grievance of an employee

603 The parties agree that the right to honour lawful picket lines established by the Union shall not become effective until the passage of the enabling legislation in the Ontario Labour Relations Act

ARTICLE 7- STATUTORY HOLIDAYS VACATION PAY AND STATUTORY HOLIDAY PAY HOURS OF WORK WAGE RATES ETC

701 Attached hereto as Schedules A and B to this Agreement are Schedules of statutory holidays vacation pay statutory holiday pay hours of work wages rates and other conditions of employment etc which are hereby made a part of this Agreement

ARTICLE 8- UNION REPRESENTATION

801 The Business Representative of the Union shall have access to all working areas during working hours as necessary for the administration of this Agreement but in no case shall his visits interfere with the progress of work When visiting a job he will first advise the Superintendent or other supervisory personnel as designated by the Employer Where clearance is required from the owner it is the responsibility of the Union to obtain such clearance The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men

802 The Employer agrees to recognize one (l) Steward for up to twenty (20) employees but shall not be obliged to recognize such steward until the Job Superintendent or the Foreman on the job if there is no Job Superintendent has been informed by the Business Representative of the appointment Such appointment shall be confirmed by the Union in writing to the Employer within seven (7) working days thereafter The Steward will not be excluded from overtime work on his crew provided he is able to do the work required and shall be the last man retained by the Employer if competent to perform the available work remaining

ARTICLE 9 -PRODUCTIVITY

90 I The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity

902 In view of the grievance and arbitration procedures provided in this Agreement there shall be no strikes or lockouts so long as this Agreement continues to operate except as set out in Article 603

903 The Union shall not involve the Employer in any dispute which may arise between the Union and any other company and the employees of such other company The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes

904 The Employer agrees that a subcontract of work covered by this Agreement save and except Locates shall not result in the layoff of employees in the bargaining unit unless the subcontract is with an employer in contractual relations with the Union

ARTICLE 10 PAYMENT OF WAGES

I 00 I Wages shall be paid weekly by cash or cheque on the job at the option of the Employer and shall be accompanied by a slip outlining all hours of work overtime hours hourly rate deductions for income tax employment insurance pension etc where applicable In the event that wages are paid by cheque pay day shall be no later than Thursday If the Employer presently pays employees covered by this Agreement every two (2) weeks it shall not during the lifetime of this Agreement be required to change its pay practice

I 002 In the case of layoff all men shall receive one ( 1) hours notice in advance of the layoff or pay in lieu thereof

l 003 Whenever Employment Insurance Separation Certificate Ontario Health Insurance Plan Form Vacation Pay and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination they shall be sent by the Employer to the employee by registered mail to his last known address on file with the company within seventy-two (72) hours of the time of termination

Further an employee who is laid off will be sent his pay cheque within seventy-two (72) hours of layoff and an employee who quits shall be sent his pay cheque not later than the next regular pay day

ARTICLE II -SAFETY SANITATION AND SHELTER

110 I The Employer where practicable will provide a separate adequately-heated lunch room to be maintained in a sanitary condition

The Employer will provide a separate adequately heated change area in which the employees may wash change and store their clothing This change area shall be securely locked when not in use

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 5: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

(c) All employees shall serve a probationary period of 40 worked days during which they may be laid off or tenninated without cause provided the termination is not in bad faith or discriminatory

202 Monthly Union Dues

The Employer shall contribute monthly union dues in the amount of$3500 per month (also known as over the counter dues) for each employee covered by this agreement The Employer agrees to make such contributions each calendar month and remit the same to the Union not later then the fifteenth ( 15111

) day of the following month to the Secretary-Treasurer of the Union The Employer shall when remitting such dues name the employees and their social insurance numbers

ARTICLE 3 MANAGEMENT RlGHTS

30 I The Union agrees that it is the exclusive function of each Employer covered by this Agreement

(a) To conduct his business in all respects in accordance with its commitments and responsibilities including the right to manage the jobs locate extend curtail or cease operations to detennine the number of men required at any or all operations to detennine the kinds and locations of machines tools and equipment to be used and the schedules of production to judge the qualifications of the employees and to maintain order discipline and efficiency

(b) To hire discharge classifY transfer promote demote lay off suspend or otherwise discipline employees save and except probationary employees provided that a claim by an employee that he has been discharged suspended or disciplined without just cause may be the subject of grievance under the provisions of the Grievance Procedure except in the case of probationary employees

(c) To make alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the employees

(d) it is agreed that these functions shall not be exercised in a manner inconsistent with express provisions of this Agreement

ARTICLE 4 GRIEVANCE PROCEDURE

401 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible

402 Grievances properly arising under this Agreement shall be adjusted and settled as follows

Step No I

Within five (5) working days after the circumstances giving rise to the grievance occurred or originated save and except grievances involving monetary items (as defined

in Section 403 below) the agreed employee with his Business Representative may present his grievance which shall be reduced to writing to the Employer Should no settlement satisfactory to the employee be reached within five (5) full working days the next step in the grievance procedure may be taken at any time within five (5) full working days thereafter

Step No2

The Union if it considers it a valid grievance may submit the grievance to the Employer and the parties shall meet within five (5) working days thereafter in an endeavour to settle the grievance If a satisfactory settlement is not reached within five (5) working days from this meeting and ifthe grievance is one which concerns the interpretation or alleged violation of the Agreement the grievance may be submitted to arbitration as provided in Article 5 below at any time within ten (I 0) working days thereafter but no later

403 Monetary grievances are defined as those arising under this agreement involving payment for hours of work rates of pay overtime vacation and statutory holiday pay shift premiums traveling expenses room and board allowances pension and welfare contributions Union dues and reporting allowances Such monetary grievances shall be brought forward at Step No 1 within three (3) months after the circumstances giving rise to the grievance occurred or originated It is further understood that the adjustment of any such grievance may be retroactive to the first day of the alleged violation

404 Monetary grievances shall be brought forward at Step No I within three (3) months after the circumstances giving rise to the grievance becoming known or ought to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violations within the three (3) month period

405 Benefit grievances shall be brought forward at Step 1 within twelve ( 12) months after the circumstances giving rise to the grievances become known or ought reasonably to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation within the twelve ( 12) month period

ARTICLE 5 -ARBITRATION

501 The parties to this Agreement agree that any grievance concerning the interpretation of alleged violation ofthis Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article 4 above and which has been settled will be referred to a board of Arbitration at the request of either of the parties hereto

502 The Board of Arbitration will be composed of one (1) person appointed by the Employer one ( 1) person appointed by the Union and a third person to act as Chair chosen by the other two (2) members of the Board

503 Within two (2) working days of the request of either party for a Board each party shall notify the other in writing the name of its appointee

504 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 Chair within five (5) days of the notification

mentioned in Article 503 above and the Minister of Labour of the Province of Ontario wi II be asked to nominate an impartial person to act as Chair

505 The decisions ofthe Board of Arbitration or majority of such Board constituted in the above manner or ifthere is no majority the decision of the Chair shall be binding upon the employees the Union and the Employer

506 The Board of Arbitration shall not have any 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 decision inconsistent with the terms and provisions ofthis Agreement

507 Each of the parties to this Agreement will bear the expense ofthe Arbitrator appointed by it and the parties will jointly bear the expense if any of the Chair

508 (a) The nature of the grievance the remedy sought and the Article or Articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance and may not be subject to change in later Steps

(b) In determining the time which is allowed in the various Steps Sundays and Statutory Holidays shall be excluded Any grievance not processed in accordance with the time limits specified therein or as otherwise extended in writing shall be deemed to have been abandoned and may not be reopened

ARTICLE 6- MANAGEMENT GRIEVANCES AND UNION GRIEVANCES

601 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the satisfaction ofthe parties concerned it may be treated as a grievance and referred to arbitration in the same way as a grievance of an employee Such grievances shall be processed at Step No2 of the Grievance Procedure set out in Article 4 hereof

602 A Union grievance which is defined as an alleged violation of this Agreement involving all or a number of the employees in the bargaining unit in regard to which an individual employee could not grieve or in regard to which a number of employees have signified an intention to grieve or a grievance involving the Union itself may be brought forward in writing in this same manner and within the same time limits as in the case of an employee grievance Such grievance shall be processed at Step No2 of the Grievance Procedure as set out in Article 4 hereof If it is not settled it may go to a Board of Arbitration in the same manner as a grievance of an employee

603 The parties agree that the right to honour lawful picket lines established by the Union shall not become effective until the passage of the enabling legislation in the Ontario Labour Relations Act

ARTICLE 7- STATUTORY HOLIDAYS VACATION PAY AND STATUTORY HOLIDAY PAY HOURS OF WORK WAGE RATES ETC

701 Attached hereto as Schedules A and B to this Agreement are Schedules of statutory holidays vacation pay statutory holiday pay hours of work wages rates and other conditions of employment etc which are hereby made a part of this Agreement

ARTICLE 8- UNION REPRESENTATION

801 The Business Representative of the Union shall have access to all working areas during working hours as necessary for the administration of this Agreement but in no case shall his visits interfere with the progress of work When visiting a job he will first advise the Superintendent or other supervisory personnel as designated by the Employer Where clearance is required from the owner it is the responsibility of the Union to obtain such clearance The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men

802 The Employer agrees to recognize one (l) Steward for up to twenty (20) employees but shall not be obliged to recognize such steward until the Job Superintendent or the Foreman on the job if there is no Job Superintendent has been informed by the Business Representative of the appointment Such appointment shall be confirmed by the Union in writing to the Employer within seven (7) working days thereafter The Steward will not be excluded from overtime work on his crew provided he is able to do the work required and shall be the last man retained by the Employer if competent to perform the available work remaining

ARTICLE 9 -PRODUCTIVITY

90 I The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity

902 In view of the grievance and arbitration procedures provided in this Agreement there shall be no strikes or lockouts so long as this Agreement continues to operate except as set out in Article 603

903 The Union shall not involve the Employer in any dispute which may arise between the Union and any other company and the employees of such other company The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes

904 The Employer agrees that a subcontract of work covered by this Agreement save and except Locates shall not result in the layoff of employees in the bargaining unit unless the subcontract is with an employer in contractual relations with the Union

ARTICLE 10 PAYMENT OF WAGES

I 00 I Wages shall be paid weekly by cash or cheque on the job at the option of the Employer and shall be accompanied by a slip outlining all hours of work overtime hours hourly rate deductions for income tax employment insurance pension etc where applicable In the event that wages are paid by cheque pay day shall be no later than Thursday If the Employer presently pays employees covered by this Agreement every two (2) weeks it shall not during the lifetime of this Agreement be required to change its pay practice

I 002 In the case of layoff all men shall receive one ( 1) hours notice in advance of the layoff or pay in lieu thereof

l 003 Whenever Employment Insurance Separation Certificate Ontario Health Insurance Plan Form Vacation Pay and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination they shall be sent by the Employer to the employee by registered mail to his last known address on file with the company within seventy-two (72) hours of the time of termination

Further an employee who is laid off will be sent his pay cheque within seventy-two (72) hours of layoff and an employee who quits shall be sent his pay cheque not later than the next regular pay day

ARTICLE II -SAFETY SANITATION AND SHELTER

110 I The Employer where practicable will provide a separate adequately-heated lunch room to be maintained in a sanitary condition

The Employer will provide a separate adequately heated change area in which the employees may wash change and store their clothing This change area shall be securely locked when not in use

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 6: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

in Section 403 below) the agreed employee with his Business Representative may present his grievance which shall be reduced to writing to the Employer Should no settlement satisfactory to the employee be reached within five (5) full working days the next step in the grievance procedure may be taken at any time within five (5) full working days thereafter

Step No2

The Union if it considers it a valid grievance may submit the grievance to the Employer and the parties shall meet within five (5) working days thereafter in an endeavour to settle the grievance If a satisfactory settlement is not reached within five (5) working days from this meeting and ifthe grievance is one which concerns the interpretation or alleged violation of the Agreement the grievance may be submitted to arbitration as provided in Article 5 below at any time within ten (I 0) working days thereafter but no later

403 Monetary grievances are defined as those arising under this agreement involving payment for hours of work rates of pay overtime vacation and statutory holiday pay shift premiums traveling expenses room and board allowances pension and welfare contributions Union dues and reporting allowances Such monetary grievances shall be brought forward at Step No 1 within three (3) months after the circumstances giving rise to the grievance occurred or originated It is further understood that the adjustment of any such grievance may be retroactive to the first day of the alleged violation

404 Monetary grievances shall be brought forward at Step No I within three (3) months after the circumstances giving rise to the grievance becoming known or ought to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violations within the three (3) month period

405 Benefit grievances shall be brought forward at Step 1 within twelve ( 12) months after the circumstances giving rise to the grievances become known or ought reasonably to have become known to the Union It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the alleged violation within the twelve ( 12) month period

ARTICLE 5 -ARBITRATION

501 The parties to this Agreement agree that any grievance concerning the interpretation of alleged violation ofthis Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article 4 above and which has been settled will be referred to a board of Arbitration at the request of either of the parties hereto

502 The Board of Arbitration will be composed of one (1) person appointed by the Employer one ( 1) person appointed by the Union and a third person to act as Chair chosen by the other two (2) members of the Board

503 Within two (2) working days of the request of either party for a Board each party shall notify the other in writing the name of its appointee

504 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 Chair within five (5) days of the notification

mentioned in Article 503 above and the Minister of Labour of the Province of Ontario wi II be asked to nominate an impartial person to act as Chair

505 The decisions ofthe Board of Arbitration or majority of such Board constituted in the above manner or ifthere is no majority the decision of the Chair shall be binding upon the employees the Union and the Employer

506 The Board of Arbitration shall not have any 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 decision inconsistent with the terms and provisions ofthis Agreement

507 Each of the parties to this Agreement will bear the expense ofthe Arbitrator appointed by it and the parties will jointly bear the expense if any of the Chair

508 (a) The nature of the grievance the remedy sought and the Article or Articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance and may not be subject to change in later Steps

(b) In determining the time which is allowed in the various Steps Sundays and Statutory Holidays shall be excluded Any grievance not processed in accordance with the time limits specified therein or as otherwise extended in writing shall be deemed to have been abandoned and may not be reopened

ARTICLE 6- MANAGEMENT GRIEVANCES AND UNION GRIEVANCES

601 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the satisfaction ofthe parties concerned it may be treated as a grievance and referred to arbitration in the same way as a grievance of an employee Such grievances shall be processed at Step No2 of the Grievance Procedure set out in Article 4 hereof

602 A Union grievance which is defined as an alleged violation of this Agreement involving all or a number of the employees in the bargaining unit in regard to which an individual employee could not grieve or in regard to which a number of employees have signified an intention to grieve or a grievance involving the Union itself may be brought forward in writing in this same manner and within the same time limits as in the case of an employee grievance Such grievance shall be processed at Step No2 of the Grievance Procedure as set out in Article 4 hereof If it is not settled it may go to a Board of Arbitration in the same manner as a grievance of an employee

603 The parties agree that the right to honour lawful picket lines established by the Union shall not become effective until the passage of the enabling legislation in the Ontario Labour Relations Act

ARTICLE 7- STATUTORY HOLIDAYS VACATION PAY AND STATUTORY HOLIDAY PAY HOURS OF WORK WAGE RATES ETC

701 Attached hereto as Schedules A and B to this Agreement are Schedules of statutory holidays vacation pay statutory holiday pay hours of work wages rates and other conditions of employment etc which are hereby made a part of this Agreement

ARTICLE 8- UNION REPRESENTATION

801 The Business Representative of the Union shall have access to all working areas during working hours as necessary for the administration of this Agreement but in no case shall his visits interfere with the progress of work When visiting a job he will first advise the Superintendent or other supervisory personnel as designated by the Employer Where clearance is required from the owner it is the responsibility of the Union to obtain such clearance The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men

802 The Employer agrees to recognize one (l) Steward for up to twenty (20) employees but shall not be obliged to recognize such steward until the Job Superintendent or the Foreman on the job if there is no Job Superintendent has been informed by the Business Representative of the appointment Such appointment shall be confirmed by the Union in writing to the Employer within seven (7) working days thereafter The Steward will not be excluded from overtime work on his crew provided he is able to do the work required and shall be the last man retained by the Employer if competent to perform the available work remaining

ARTICLE 9 -PRODUCTIVITY

90 I The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity

902 In view of the grievance and arbitration procedures provided in this Agreement there shall be no strikes or lockouts so long as this Agreement continues to operate except as set out in Article 603

903 The Union shall not involve the Employer in any dispute which may arise between the Union and any other company and the employees of such other company The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes

904 The Employer agrees that a subcontract of work covered by this Agreement save and except Locates shall not result in the layoff of employees in the bargaining unit unless the subcontract is with an employer in contractual relations with the Union

ARTICLE 10 PAYMENT OF WAGES

I 00 I Wages shall be paid weekly by cash or cheque on the job at the option of the Employer and shall be accompanied by a slip outlining all hours of work overtime hours hourly rate deductions for income tax employment insurance pension etc where applicable In the event that wages are paid by cheque pay day shall be no later than Thursday If the Employer presently pays employees covered by this Agreement every two (2) weeks it shall not during the lifetime of this Agreement be required to change its pay practice

I 002 In the case of layoff all men shall receive one ( 1) hours notice in advance of the layoff or pay in lieu thereof

l 003 Whenever Employment Insurance Separation Certificate Ontario Health Insurance Plan Form Vacation Pay and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination they shall be sent by the Employer to the employee by registered mail to his last known address on file with the company within seventy-two (72) hours of the time of termination

Further an employee who is laid off will be sent his pay cheque within seventy-two (72) hours of layoff and an employee who quits shall be sent his pay cheque not later than the next regular pay day

ARTICLE II -SAFETY SANITATION AND SHELTER

110 I The Employer where practicable will provide a separate adequately-heated lunch room to be maintained in a sanitary condition

The Employer will provide a separate adequately heated change area in which the employees may wash change and store their clothing This change area shall be securely locked when not in use

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 7: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

mentioned in Article 503 above and the Minister of Labour of the Province of Ontario wi II be asked to nominate an impartial person to act as Chair

505 The decisions ofthe Board of Arbitration or majority of such Board constituted in the above manner or ifthere is no majority the decision of the Chair shall be binding upon the employees the Union and the Employer

506 The Board of Arbitration shall not have any 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 decision inconsistent with the terms and provisions ofthis Agreement

507 Each of the parties to this Agreement will bear the expense ofthe Arbitrator appointed by it and the parties will jointly bear the expense if any of the Chair

508 (a) The nature of the grievance the remedy sought and the Article or Articles of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance and may not be subject to change in later Steps

(b) In determining the time which is allowed in the various Steps Sundays and Statutory Holidays shall be excluded Any grievance not processed in accordance with the time limits specified therein or as otherwise extended in writing shall be deemed to have been abandoned and may not be reopened

ARTICLE 6- MANAGEMENT GRIEVANCES AND UNION GRIEVANCES

601 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the satisfaction ofthe parties concerned it may be treated as a grievance and referred to arbitration in the same way as a grievance of an employee Such grievances shall be processed at Step No2 of the Grievance Procedure set out in Article 4 hereof

602 A Union grievance which is defined as an alleged violation of this Agreement involving all or a number of the employees in the bargaining unit in regard to which an individual employee could not grieve or in regard to which a number of employees have signified an intention to grieve or a grievance involving the Union itself may be brought forward in writing in this same manner and within the same time limits as in the case of an employee grievance Such grievance shall be processed at Step No2 of the Grievance Procedure as set out in Article 4 hereof If it is not settled it may go to a Board of Arbitration in the same manner as a grievance of an employee

603 The parties agree that the right to honour lawful picket lines established by the Union shall not become effective until the passage of the enabling legislation in the Ontario Labour Relations Act

ARTICLE 7- STATUTORY HOLIDAYS VACATION PAY AND STATUTORY HOLIDAY PAY HOURS OF WORK WAGE RATES ETC

701 Attached hereto as Schedules A and B to this Agreement are Schedules of statutory holidays vacation pay statutory holiday pay hours of work wages rates and other conditions of employment etc which are hereby made a part of this Agreement

ARTICLE 8- UNION REPRESENTATION

801 The Business Representative of the Union shall have access to all working areas during working hours as necessary for the administration of this Agreement but in no case shall his visits interfere with the progress of work When visiting a job he will first advise the Superintendent or other supervisory personnel as designated by the Employer Where clearance is required from the owner it is the responsibility of the Union to obtain such clearance The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men

802 The Employer agrees to recognize one (l) Steward for up to twenty (20) employees but shall not be obliged to recognize such steward until the Job Superintendent or the Foreman on the job if there is no Job Superintendent has been informed by the Business Representative of the appointment Such appointment shall be confirmed by the Union in writing to the Employer within seven (7) working days thereafter The Steward will not be excluded from overtime work on his crew provided he is able to do the work required and shall be the last man retained by the Employer if competent to perform the available work remaining

ARTICLE 9 -PRODUCTIVITY

90 I The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity

902 In view of the grievance and arbitration procedures provided in this Agreement there shall be no strikes or lockouts so long as this Agreement continues to operate except as set out in Article 603

903 The Union shall not involve the Employer in any dispute which may arise between the Union and any other company and the employees of such other company The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes

904 The Employer agrees that a subcontract of work covered by this Agreement save and except Locates shall not result in the layoff of employees in the bargaining unit unless the subcontract is with an employer in contractual relations with the Union

ARTICLE 10 PAYMENT OF WAGES

I 00 I Wages shall be paid weekly by cash or cheque on the job at the option of the Employer and shall be accompanied by a slip outlining all hours of work overtime hours hourly rate deductions for income tax employment insurance pension etc where applicable In the event that wages are paid by cheque pay day shall be no later than Thursday If the Employer presently pays employees covered by this Agreement every two (2) weeks it shall not during the lifetime of this Agreement be required to change its pay practice

I 002 In the case of layoff all men shall receive one ( 1) hours notice in advance of the layoff or pay in lieu thereof

l 003 Whenever Employment Insurance Separation Certificate Ontario Health Insurance Plan Form Vacation Pay and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination they shall be sent by the Employer to the employee by registered mail to his last known address on file with the company within seventy-two (72) hours of the time of termination

Further an employee who is laid off will be sent his pay cheque within seventy-two (72) hours of layoff and an employee who quits shall be sent his pay cheque not later than the next regular pay day

ARTICLE II -SAFETY SANITATION AND SHELTER

110 I The Employer where practicable will provide a separate adequately-heated lunch room to be maintained in a sanitary condition

The Employer will provide a separate adequately heated change area in which the employees may wash change and store their clothing This change area shall be securely locked when not in use

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 8: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

ARTICLE 8- UNION REPRESENTATION

801 The Business Representative of the Union shall have access to all working areas during working hours as necessary for the administration of this Agreement but in no case shall his visits interfere with the progress of work When visiting a job he will first advise the Superintendent or other supervisory personnel as designated by the Employer Where clearance is required from the owner it is the responsibility of the Union to obtain such clearance The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men

802 The Employer agrees to recognize one (l) Steward for up to twenty (20) employees but shall not be obliged to recognize such steward until the Job Superintendent or the Foreman on the job if there is no Job Superintendent has been informed by the Business Representative of the appointment Such appointment shall be confirmed by the Union in writing to the Employer within seven (7) working days thereafter The Steward will not be excluded from overtime work on his crew provided he is able to do the work required and shall be the last man retained by the Employer if competent to perform the available work remaining

ARTICLE 9 -PRODUCTIVITY

90 I The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity

902 In view of the grievance and arbitration procedures provided in this Agreement there shall be no strikes or lockouts so long as this Agreement continues to operate except as set out in Article 603

903 The Union shall not involve the Employer in any dispute which may arise between the Union and any other company and the employees of such other company The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes

904 The Employer agrees that a subcontract of work covered by this Agreement save and except Locates shall not result in the layoff of employees in the bargaining unit unless the subcontract is with an employer in contractual relations with the Union

ARTICLE 10 PAYMENT OF WAGES

I 00 I Wages shall be paid weekly by cash or cheque on the job at the option of the Employer and shall be accompanied by a slip outlining all hours of work overtime hours hourly rate deductions for income tax employment insurance pension etc where applicable In the event that wages are paid by cheque pay day shall be no later than Thursday If the Employer presently pays employees covered by this Agreement every two (2) weeks it shall not during the lifetime of this Agreement be required to change its pay practice

I 002 In the case of layoff all men shall receive one ( 1) hours notice in advance of the layoff or pay in lieu thereof

l 003 Whenever Employment Insurance Separation Certificate Ontario Health Insurance Plan Form Vacation Pay and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination they shall be sent by the Employer to the employee by registered mail to his last known address on file with the company within seventy-two (72) hours of the time of termination

Further an employee who is laid off will be sent his pay cheque within seventy-two (72) hours of layoff and an employee who quits shall be sent his pay cheque not later than the next regular pay day

ARTICLE II -SAFETY SANITATION AND SHELTER

110 I The Employer where practicable will provide a separate adequately-heated lunch room to be maintained in a sanitary condition

The Employer will provide a separate adequately heated change area in which the employees may wash change and store their clothing This change area shall be securely locked when not in use

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 9: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

ARTICLE 9 -PRODUCTIVITY

90 I The Union and the Employer recognize the mutual value of improving by all proper and reasonable means the productivity of the individual workman and both will undertake individually and jointly to promote such increased productivity

902 In view of the grievance and arbitration procedures provided in this Agreement there shall be no strikes or lockouts so long as this Agreement continues to operate except as set out in Article 603

903 The Union shall not involve the Employer in any dispute which may arise between the Union and any other company and the employees of such other company The Union further agrees it will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes

904 The Employer agrees that a subcontract of work covered by this Agreement save and except Locates shall not result in the layoff of employees in the bargaining unit unless the subcontract is with an employer in contractual relations with the Union

ARTICLE 10 PAYMENT OF WAGES

I 00 I Wages shall be paid weekly by cash or cheque on the job at the option of the Employer and shall be accompanied by a slip outlining all hours of work overtime hours hourly rate deductions for income tax employment insurance pension etc where applicable In the event that wages are paid by cheque pay day shall be no later than Thursday If the Employer presently pays employees covered by this Agreement every two (2) weeks it shall not during the lifetime of this Agreement be required to change its pay practice

I 002 In the case of layoff all men shall receive one ( 1) hours notice in advance of the layoff or pay in lieu thereof

l 003 Whenever Employment Insurance Separation Certificate Ontario Health Insurance Plan Form Vacation Pay and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination they shall be sent by the Employer to the employee by registered mail to his last known address on file with the company within seventy-two (72) hours of the time of termination

Further an employee who is laid off will be sent his pay cheque within seventy-two (72) hours of layoff and an employee who quits shall be sent his pay cheque not later than the next regular pay day

ARTICLE II -SAFETY SANITATION AND SHELTER

110 I The Employer where practicable will provide a separate adequately-heated lunch room to be maintained in a sanitary condition

The Employer will provide a separate adequately heated change area in which the employees may wash change and store their clothing This change area shall be securely locked when not in use

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 10: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

1102 The Employer will provide iced drinking water paper cups water scoop paper towels and portable flush toilets

1104 Every employee shall as a condition of employment be required to wear a safety helmet and safety boots of a type approved by the Construction Safety Association

1107 The Employer shall at his own expense furnish to any employee injured in his employment who is in need of it immediate conveyance to a hospital or to a physician It is further agreed that an amoulance shall be used where necessary and possible

1108 An employee who is injured during working hours in a compensable injury and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay

1109 The Employer agrees that all employees will be allowed a coffee break of a maximum of ten ( IO) minutes duration during the hours of work in each half of their respective working shifts Employees will be allowed one-half ( l2) hour lunch break between II 30 am and 1230 pm These limits may be suspended during periods of emergency

1110 Health and Safety Representatives and Members of Joint Health amp Safety Committees

Subject to the rights ofthe Union or Shop Stewards in the case of layoffs as provided for in this Collective Agreement a Health and Safety Representative andor a member of a joint Health and Safety Committee shall be one of the last five (5) employees retained on any job provided that he is competent and capable of performing the remaining work

ARTICLE 12 - HEALTH WELFARE AND PENSION

120 I The Employer shall provide health welfare pension and other benefits as and when required by Schedule B

ARTICLE 13- REINSTATEMENT UPON RETURN FROM ABSENCE RESULTING FORM COMPENSABLE ACCIDENT

1301 An employee injured in the performance of his duties will resume his regular work when medically fit to do so if work is available and he applies The job an injured worker shall be deemed available if upon his return any work within his classification of any project under this Agreement is being performed by an employee who subsequent to the time of injury was hired by the Employer or transferred or other wise assigned to perform any work within the said classification on any project covered by this Agreement Any employee who claims he has been denied employment contrary to this provision may have recourse in the Grievance and Arbitration Procedures as set out in Article 4 and 5 of this Agreement

ARTICLE 14-GOVERNMENT LEGISLATION

140 I In the event that any of the provisions of this Agreement are found to be in conflict with

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 11: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

any valid and applicable Federal or Provincial law now existing or hereinafter enacted it is agreed that such law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement

ARTICLE 15 -DURATION

150 I This Agreement shall become effective the I st day of March 20 II and shall remain in effect until the 28th day of February 2013_ and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination of or proposed revision of this Agreement not more than one hundred and twenty ( 120) days and not less than thirty (30th) days before the 28th day of February 20ll__ or in a like period in any year thereafter

IN WITNESS WHEREOF the party of the First Part and the Party of the Second Part have caused their proper officers to affix th~ir ~gnatures at oZc]w77J this tJI- day of

~1(11 ~ OIZ ~

For For

Aecon Utilities a division of Aecon Construction Group Inc

~-(Sig middotture)

Mark Scharer Senior Vice Preslden~ Utilifies

(Print Name)

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 12: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

SCHEDULE A

HOURS OF WORK AND OVERTIME

AIO I (i) The regular working day for all employees shall consist of nine (9) hours per day between the hours of 700am and 600pm The regular work week shall consist of forty-five (45) hours per week Monday to Friday inclusive

(ii) Make-up time may be worked on a voluntary basis and there shall be no discrimination against any employee working or refusing to work make-up time Saturdays Sundays and Statutory Holidays are excluded from make-up time

A102 Overtime

All work performed in excess of forty-four (44) hours in a week (Monday to Friday) and on Saturday shall be paid for at the rate of time and one-half at the rate of the employees current regular rate save and except Sundays and statutory holidays Overtime shall be on a voluntary basis provided the employee is capable of performing the work available and provided that there shall be no discrimination in allocating overtime

Al03 Sundays and Statutory Holidays

All work performed on Sundays and the following Statutory Holidays shall be paid for at the rate of double the employees regular rate

New Years Day Good Friday Victoria Day

Canada Day Civic Holiday Labour Day

Thanksgi~1irt 1gmiddoto~ ~~~dmiddot~ bulltfbulll middot~r middotmiddot rmiddot lt bull I bull cJrristhmiddotafDay middot middot

Boxing Day Family Day

and any other statutory holiday legally declared by the Federal or Provincial Governments

Al04 Vacation and Statutory Holiday pay shall be paid to employees covered by this Collective Agreement at the rate of ten percent (I 0) of total wages earned It is understood and agreed that (4) of the total is to be considered in lieu of Statutory Holiday pay

AI05 It is further understood and agreed that the vacation pay and Statutory Holiday pay will be paid to employees in two (2) installments on July I st and November I st in each year or at the discretion ofthe Employer paid weekly

AI06 Vacation periods shall be scheduled by mutual consent of the Employer and the employee Vacation periods shall be limited to a maximum of two (2) weeks per calendar year

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 13: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

A201

EFFECTIVE

March I 2011

March I 2012

Schedule A CLASSIFICATION AND WAGES

FOR PIPELINE INSPECTORSPRE-INSPECTORS

START AFTER 12 MONTHS AFTER 24 MONTHS OF EMPLOYMENT OF EMPLOYMENT

$1650 $1855 $2375

$1700 $1910 $2446

I gt

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 14: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

lt I

SCHEDULE B

UA ADMINISTRATION FUND

B20 l The Employer shall contribute thirteen cents (13cent) for each hour of work earned by each employee covered by this Agreement for the UA Administration Fund This amount shall be remitted to the Local Union having area jurisdiction over the work being performed The Employer agrees to remit this amount together with a list of names social insurance numbers and number of hours worked by each employee not later than the fifteenth ( l51h) day of the month following the month for which the contribution is made

REPORTING ALLOWANCE

B301 An employee who reports for work at the Employers job site or shop unless directed not to report the previous day by his Employer and for whom no work is available due to reasons other than inclement weather shall receive a minimum of four (4) hours reporting time and shall remain at work if requested to do so by the foreman

B302 An employee who reports for work at the Employers job site or shop unless directed not to report and for whom no work is available due to inclement weather shall receive a minimum of one (I) hour reporting time provided the employee remains on the job for one (I) hour after his designated starting time if requested to do so by the foreman

B303 An employee who in the course of his shift is directed by the Employer to wait on a job or travel from one job site to another job site shall be paid for such waiting or travel time

SHIFT PREMIUMS

B40 1 Shift premiums shall be paid as follows

Between 600pm and 1200 am work is to be paid at time and one-eighth the regular shift rate

Between 1200 am and 700am work is to be paid at time and one-quarter the regular day shift rate

Shift premiums are payable in addition to any Saturday or Sunday overtime under the provisions of this Agreement

BENEFIT PLANS PENSION PLAN AND VACATION PAY

B50 I The Employer agrees to pay the premium for the existing health and welfare plans as listed below during the life of this Agreement in accordance with the terms of the plan(s) for each employee after three (3) months of employment All the benefits are described more particularly in the plans for Extended Health Care ADampD Dental Plan Basic Life Insurance Long Term Disability and vision care (maximum of$25000 every two (2) years for glasses or contacts)

B502 The Employers obligation is restricted to the payment of premiums subject to ensuring that the level of benefit coverage does not change Employees should refer to the plan documents to identifY the limitations and exclusions of the various plans Any dispute over payment of

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 15: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

benefits under any such plan or policy shall be adjusted between the employee and the insurer concerned

8503 In order to continue coverage under the plan employees on a leave of absence or lay-off must pay the Employer the equivalent of the total benefit premiums for the duration of the absence

8504 The Employer shall only be required to remit the premium payments referred to above for employees who are not actively at work for the month following the month in which the absence occurs excluding employees on a pregnancyparental leave who shall be covered by the Employment Standards Act

8505 Employees shall be entitled to participate in the Employers Voluntary Contributory Pension Plan which is known as the defined contribution portion of the Aecon Construction Group Inc Pension Plan (Pension Plan)

8506 The terms and conditions of the Pension Plan including enrolment coverage and entitlement will be subject to and governed by the terms of the Pension Plan

bull

Page 16: n 2012 - Ontario · 5.02 The Board of Arbitration will be composed of one (1) person appointed by the Employer, one ( 1) person appointed by the Union and a third person to act as

bull