4L.\- Ol\1 Ministry of Labour D's:wte Resolution Services

FENCING AGREEMENT Cc•'i•-;ctive BarQaining Information Services

JAN 1 6 2015

COLLECTIVE B~INI"W:::; E INFORMATION.§ERV!tes

BETWEEN:

EMENT .

made and entered into

File No.: ~ 3l-.;!. !.J. ?" 2 _ lb as cg~ F~!Ye day of

Ce1t. Date:

Total Emps.:

Royal Fence Limited Effective Date· 0\ -"S'f"rrJ ·20(~ hereinafter referred to as t "

E · r:r · xp1ry ate: '3r-J::>ec.-Zol b -and-Received From:

LABOURERS' INTERNATIONAL UNION OF NORTH ~i9R:r C~~ [] 3 70ther· hereinafter referred to as t Pi "Uni'bn' rocessea y:

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ARTICLE I - "R ECOGNITION AND SCOPE" l --

1.01 The Employer recognizes the Union as the bargaining agent for, its Labourers employed in the installation and erection of all types of fencing, partitions and guard or guide rails and sound barriers in the I.C.I. sector, Roads Sector of the Construction Industry and Ontario Hydro Projects in Board Area 26 and 5, plus that portion of Halton west of highway 25, save and except supervisors and those above the rank of supervisor.

1.02 All references in this agreement to the male gender shall be interpreted so as to include the female gender.

ARTICLE II - "COMPULSORY CHECK-OFF OF UNION DUES"

2.01 Each employee in the bargaining unit shall, as a condition of employment, sign an authorization for a payroll deduction of Union Dues on a monthly basis. Such authorization shall be signed in duplicate on a form supplied by the Union and approved by the Employer and shall take effect immediately from the date of employment.

2.02 Upon the Employee's written consent, the Employer shall check-off Union initiation fees from each Employee's wages. The deduction may be made in two steps.

2.03 The Employer shall deduct Union Dues (with the employee's authorization as provided in 2.01) from the first pay due to the Employee each month and shall send all of the sums so deducted to the Union not later than the 15th day of that month. The Union shall notify the Employer in writing of the amount of regular dues and working dues to be deducted.

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ARTICLE III - "UNION SECURITY"

3.01 All Employees shall, when working in a position within the bargaining unit described in Article 1 hereof, be required, as a condition of employment, to be a member of the Union before commencing employment and shall be required to maintain such membership while working within the bargaining unit for the duration of this Agreement.

3. 02 In the event that the Employer desires to employ an employee within the bargaining unit as described in Article I hereof, the new Employee must present to the Employer a referral slip from the Union prior to his commencing employment. It is understood and agreed that the Union may refuse to issue a referral slip to an Employee requested by the Employer only in the event that the Employee is not a member in good standing of the Union.

3.03 The Employer agrees that, notwithstanding the claims made or which may be made by any other Trade Union, it shall assign exclusively to members of the Union, all of the work covered by this Agreement, subject to the provisions of the Ontario Labour Relation Act. This section shall be interpreted subject to Article I and in conjunction with any other collective agreement which the Employer may be or become a party to.

ARTICLE IV - "MANAGEMENT RIGHTS"

4.01 It is the function of the Employer to:

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

(b) To hire, discharge, classify, transfer, promote, demote, lay off, suspend or otherwise discipline Employees, provided that a claim by a person that he was not hired, classified, transferred or promoted in accordance with or as may be required by the Agreement or that a claim by a person that he was discharged, demoted, laid off, suspended or otherwise disciplined without reasonable cause, shall be subject to the provisions of the Grievance Procedure herein.

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(c) Make, alter from time to time and enforce reasonable rules of conduct and procedure to be observed by the Employees.

(d) exercised in provisions of

It is agreed that a manner which is this agreement.

these functions shall inconsistent with the

not be express

ARTICLE V - "GRIEVANCE PROCEDURE"

5. 01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. If an employee has a complaint he shall discuss it with his field supervisor within five (5) working days and if the complaint is not settled to the satisfaction of the employee, he may then take up the complaint as a grievance within five (5) working days following the field supervisor's decision in the following manner and sequence:

Step No. l

Step No. 2

The employee, who may be accompanied by the Steward or by a Union Representative or who may elect to have the Steward or Union Representative act on his behalf will discuss his alleged grievance with the Construction Supervisor. Failing a settlement, the Construction Supervisor shall inform the employee of his decision within five (5) working days following the presentation of the grievance to him. Failing settlement, the grievance may be appealed to Step No. 2.

Within five (5) working days after the decision in Step No. l is given to the griever, a grievance in writing, on a grievance form supplied by the Union and approved by the Employer, will be presented to the Manager. Such written grievance shall include the nature of the grievance, the remedy sought and the clause or clauses of the Agreement which are alleged to have been violated. The Manager or his designated will meet with the Steward and an accredited representative of the Union shall be present at either the request of the Employer or the Union. The decision of the Manager or his designate shall be delivered within five (5) working days of the date of such meeting. It is understood that the Manager or his designate may have such counsel or assistance as he may desire at such meeting.

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5. 02 Failing a settlement under Step No. 2 of a grievance between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be referred to arbitration as hereinafter provided. If no written request for arbitration is received within fifteen (15) full working days after a decision in Step No. 2 is given, it shall be deemed to have been settled.

5.03 Any complaint or grievance arising directly between the Employer and the Union relating to the interpretation, application, administration or alleged violation of this Agreement shall be submitted directly to Step No. 2 within ten (10) calendar days after the circumstances giving rise to the complaint have originated or occurred. However, it is expressly understood that the provisions of this clause may not be used to institute a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not be thereby by-passed.

5.04 Except as provided in 5.03 above, a grievance must be presented at Step No. 2 within fifteen (15) working days of the date of the circumstances giving rise to the grievance occurred or reasonably came to the attention of the employee. A grievance which is not presented within this specified time limit may not be processed through the Grievance Procedure and shall not be arbitrable.

5.05 In all Steps of the Grievance Procedure, where no written answer has been given within the time limit specified, the employee(s) concerned, the Union, or the Employer as the case may be, shall be entitled to submit the grievance to the next Step of the Grievance Procedure.

ARTICLE VI - "ARBITRATION"

6.01 When either party requests that a grievance be submitted to arbitration as hereinbefore provided, it shall make such request in writing, addressed to the other party to this Agreement, and at the same time nominate an arbitrator. Within five (5) days thereafter, the other party shall nominate an arbitrator. The two arbitrators so nominated shall attempt to select by agreement a Chairman of the Arbitration Board. If they are unable to agree upon such a Chairman within a period of seven (7) working days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman.

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6.02 The party referring the grievance to Arbitration shall, in its written notification, specify the issue to be determined by the Arbitration Board, the remedy sought and the provision(s) of the Agreement which is being relied upon in the support of its position.

6.03 No person may be appointed as an arbitrator who has been involved in an attempt to settle the grievance. 6.04 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.

6.05 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement, nor to deal with any matter not specifically stated in the written notification as specified in Clause 6.02 above.

6.06 The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority and where there is no majority, the decision of the Chairman will be final and binding upon the parties hereto and the employee or employees concerned.

6.07 Each of the Arbitrator appointed expenses, if any, of

parties hereto will bear the expense of by it, and the parties will jointly bear the Chairman of the Arbitration Board.

the the

6.08 The time limits fixed in both the Grievance and Arbitration Procedure may be extended by consent of the parties of this Agreement.

ARTICLE VII - "UNION REPRESENTATIVE"

7.01 Representatives of the Union may make arrangements with the job supervisor or his designated representative to meet stewards or other Employees, provided such meeting does not interfere with the work. The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified men for the job.

7.02 The Employer agrees to recognize one steward for each supervisor, but shall not be obliged to recognize such stewards until it has been informed in writing of the names of all stewards as they are appointed.

7.03 The steward shall be one of the last two men retained if

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competent to perform the available work.

7.04 The steward shall not be excluded from doing overtime work provided he is able to do the work required.

7.05 On recall, the steward shall be one of the first two (2) employees recalled to start work, provided that they are competent and possess the skill and ability to do the work and are willing to accept the rate of pay for that job.

ARTICLE VIII - "PRODUCTIVITY"

8.01 The Union and the Employer recognize the mutual value of improving by all proper and reasonable means, the productivity of the individual workmen and both will undertake individually and jointly to promote such increased productivity.

8.02 During the lifetime of this Agreement, the Union agrees there will be no strike, slow-down or picketing or any other act which will interfere with the regular schedule of work and the Employer agrees that there will be no lockout. The Employer shall have the right to discharge or otherwise discipline Employees who take part in or instigate any stri·ke, pic:ket.ing or slow-down or any other act which interferes with the regular schedule of work.

8.03 The Union shall not involve the Employer in any dispute which may arise between the Union and any other Employer and the Employees of such other Employer.

8.04 The Union will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional purposes.

8.05 It is agreed and jurisdictional dispute occurs, referred to the Ontario labour the provisions of the Ontario

understood that in the event a such jurisdictional dispute shall be Relations Board for resolution under Labour Relations Act.

ARTICLE IX - "PAYMENTS OF WAGES"

9. 01 Employees shall be paid by cash or cheque or direct deposit every week or every second week no later than Friday, and the pay shall be accompanied by a slip outlining all hours of work and rate of pay and all deductions.

9.02 In the case of lay-off, all men shall receive four hours' notice in advance of lay-off.

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9.03 Whenever pay cheques and vacation pay are not given to Employees at the time of termination, they shall be sent by the Employer to the affected employee, by registered mail, to his last known address on file with the Employer, within seventy-two (72) hours of the time of termination.

ARTICLE X - "SAFETY, SANITATION AND SHELTER"

10.01 On all jobs where more than five Employees are continuously employed. The Employer shall make reasonable efforts to ensure that shelter will be provided for Employees to eat their lunch and store their clothing by the General Contractor. Sanitary toilets shall be provided in accordance with Municipal Health Regulations. It is understood that the provisions of this section do not apply to jobs of short duration.

10.02 The Employer shall supply a safety helmet to each Employee but if such Employee does not return his helmet on termination of his employment, he shall be charged its cost by payroll deduction. If the helmet is returned and has been made unwearable through wilful neglect or abuse the Employee may be charged the full replacement cost.

10.03 Drinking water and paper cups will be provided where outlets are available. If a trailer is used at a job site to store tools and equipment and a lunch room, the storage area and eating area will be separated by a partition. Trailers will be heated when necessary.

10. 04 Where reasonably required, the Employer shall at its expense, provide immediate transportation to hospital or a physician for any injured Employee. If necessary an ambulance shall be called.

10.05 The Employee who is injured during working hours in a compensable accident, who is required to leave for treatment or is sent home because of such injury shall receive payment for the remainder of the shift at his regular rate of pay.

10.06 Trucks used to transport Employees shall be covered and tools will be secured in tool boxes. No materials will be carried in trucks in a manner endangering the safety of the Employees being transported.

10.07 Each Employee shall use and wear such safety equipment as is provided by the Employer. The Employer shall pay to each Employee a Boot Allowance of $150.00 annually after 1000 hours

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worked in the year.

ARTICLE XI - "COFFEE AND LUNCH BREAK"

11.01 Each Employee is allowed a 15 minute coffee break during each one-half shift.

11.02 Each Employee is allowed a one-half hour unpaid lunch break. No Employee is required to work more than five (5) consecutive hours without a lunch break.

ARTICLE XII -"HOURS OF WORK"

12.01 Standard hours of work for all Employees other than watering men and watchmen shall be ten (10) hours per day or Fifty (50) hours per week exclusive of travelling time to and from the job Monday to Friday inclusive.

ARTICLE XIII - "OVERTIME"

13.01 Overtime at the rate of time and one-half the Employee's current rate shall be paid to all Employees other than watering men and watchmen for all work performed in excess of ten (10) hours per day and for all production work performed on Saturdays except as provided in clause 13.03.

13. 02 Overtime at the rate of time and a half ( 11\2) the Employee's current rate shall be paid to all Employees other than watering men and watchmen for all work performed on Sundays. Employees shall be paid their straight time rate plus the applicable holiday pay for work performed on the following statutory holidays:

New Year's Day Family Day Holiday Good Friday Victoria.Day Dominion Day

Civic Holiday

Thanksgiving Day Christmas Day Labour Day

Watchmen and watering men shall receive overtime payments at the rate of time and one-half the Employee's current hourly rate for all work performed on the Employee's seventh consecutive shift.

13:03 The parties hereto agree that make up time on Saturdays,

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maybe worked at straight time from 7:00A.M. to 2:00P.M., whenever an employee is willing to work on Saturday and provided he has not worked fifty (50) hours during that week due to inclement weather.

13.04 When work is performed as a night shift, the empl.oyee shal.l. receive a premium of Two dol.l.ars ($2.00) per hour and shal.l. be paid a minimum of 8 hours.

ARTICLE XIV (B) - "WAGE RATES AND CLASSIFICATIONS FOR FENCING AND LANDSCAPING"

The Wage rates and classifications for employees covered by this Agreement shall be as follows:

CLASSIFICATION WAGE RATES PER HOUR

Fencing:

Foreman:

Labourers:

Highway Safety Products:

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Students:

Any newly hired employee shall be paid $1.50 per hour below the applicable wage rate for the first 500 hours worked, with Vacation Pay at 4% and Statutory Holidays as per the Employment Standards Act.

ARTICLE XV - "WINTER WORK"

15.01 When any of the above machine operators or labourers are taken into the shop during the winter period the rate of such Employee will be worked out between the Employee concerned and the Employer in each case.

ARTICLE XVI - "REPORTING GUARANTEE"

16.01 An Employee who reports for work at the Employer's job site or shop, unless directed not to report the previous day by this Employer, and for whom no work is available due to reasons other than inclement weather, shall receive a minimum of four hours reporting time, and shall remain at other work if requested to do so by the foreman.

ARTICLE XVII - "TRAVELLING TIME"

17.01 Where the Employer supplies transportation and where an employee is required by his Employer to report to a yard or assembly point, the employee will be paid at straight time rates of pay while travelling from the assembly point to the job and from the job back to the assembly point.

17.02 When an Employee is directed to use his/her own vehicle to travel to and from a job site other than the Employer's yard such Employee shall be reimbursed at the rate of Forty-five ($0.45)

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cents per kilometer travelled each way for any distance in excess of 40 kilometers between the Employee's normal point of origin and the job site other than the Employer's yard.

17. 03 When am Employee is scheduled to work out of town the Employer will pay each employee a Meal Allowance of Thirty-five dollars $35.00) per day for each day out of town and Twenty-five dollars ($25.00) per day for each day of travel.

ARTICLE XVIII - "WELFARE" LIUNA LOCAL 837 BENEFIT PLANS

18.01 Health and Welfare

Effective January 1, 2014 the Employer agrees to pay the sum of Two Dollars ($2.00) for each hour worked by Employees represented in this Agreement by Local 837 Labourers' International Union of North America, into Local 837 Members' Benefit Fund, for the purpose of purchasing major medical or similar benefits for the Employees covered by this Agreement. Effective January 1, 2015 the Employer agrees to pay the sum of Two Dollars and ten cents ($2 .10) for each hour worked by Employees represented in this Agreement by Local 837 Labourers' International Union of North America, into Local 837 Members' Benefit Fund, for the purpose of purchasing major medical or similar benefits for the Employees covered by this Agreement. Effective January 1, 2016 the Employer agrees to pay the sum of Two Dollars and fifteen cents ($2.15)for each hour worked by Employees represented in this Agreement by Local 837 Labourers' International Union of North America, into Local 837 Members' Benefit Fund, for the purpose of purchasing major medical or similar benefits for the Employees covered by this Agreement.

Payments into the Welfare Fund shall be made by the 15th day of the month following the month for which they are due. 18.02 Pension

The Employer agrees to contribute the sum of Four Dollars and four cents ($4.04) per hour for each hour worked by the employees of the Employer covered by this Agreement to the Labourers' Pension Fund of Central and Eastern Canada. Effective January 1st, 2015 the employer agrees to contribute the sum of Four Dollars thirty-two cents ($4.32) per hour for each hour worked by the employees of the Employer covered by this Agreement, to the Labourers' Pension Fund of Central and Eastern Canada. Effective January 1st, 2016 the employer agrees to contribute the sum of Four Dollars and sixty-six cents ($4.66) per hour for each hour worked by the employees of the Employer covered by this Agreement, to the Labourers' Pension Fund

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of Central and Eastern Canada. Such contributions shall be paid to the Trustees of the Pension Fund on/or before the sixteenth (16th) day of the month following the month such hours were worked and shall be accompanied by a remittance report form for each employee on a form prescribed by the Trustees of the Fund. Each monthly report and contribution shall include all obligations arising from hours worked up to the close of the Employer's payroll period ending nearest to the last day of the preceding calendar month.

ARTICLE XIX - "VACATION PAY"

19.01 ( 10%)

Employees shall be paid vacation pay in the amount of ten percent.

19.02 It is understood and agreed that the portion of vacation with pay over Four (4%) per cent as set forth in Article 19.01 hereof is paid in lieu of Statutory holiday pay.

ARTICLE XX - "WORKING DUES"

20.01 Effective January 1, 2008 the Employer agrees to deduct from each Labourer in his employ and covered by this Agreement, working dues of forty ($.40) cents per hour for each hour worked by them, and remit same toge>ther with a list of the names, Social Insurance Numbers of the said employees and the number of hours worked by them to the Secretary-Treasurer of the Union, no later than the fifteenth day of the month following the month for which they are due.

In addition, each employee agrees that LIUNA Ontario Provincial District Council Working Dues consisting of twenty-seven cents (37¢) per hour shall be deducted and submitted by the Employer directly to the Labourers' Pension Fund of Central and Eastern Canada, along with Pension Contributions on forms supplied by the Union. Effective January 1, 2015 each employee agrees that LIUNA Ontario Provincial District Council Working Dues consisting of Forty cents (40¢) per hour shall be deducted and submitted by the Employer directly to the Labourers' Pension Fund of Central and Eastern Canada, along with Pension Contributions on forms supplied by the Union.

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ARTICLE XXI - "DURATION OF AGREEMENT"

21.01 This Agreement shall become effective on the 1st day of January, 2014 and shall remain in effect until the 31st day of December 2016 and shall continue in force from year to year thereafter, unless either party shall furnish the other with notice of termination or proposed revision of this Agreement not more than sixty (60) days and not less than thirty (30) days before the 31st day of December 2016 or in a like period in any year thereafter

IN WITNESS WHEREOF party of the second part have their signatures as of the

Signed on behalf of the Employer

the party of the first part and the caused their pro~ officers to ~ffix (0 day of r< / 2o_Ly-

Signed on behalf of Labourers' International Union of North America, Local 837

t(liwi;-. Company name __ ~~~o~y~~~~~~~~~~~=l~m~I~~~=L--------------------------

Print name of party signing __ ~~~~~~~J~~~~o~vdA~~~------------------------Phone # (:)\ <1) d 0 ~ -o UoJ.._