Between: MULTI CONSTRUCTION SERVICES and Civil Engineering... · Hydro Vao Agreement 2016-2019 Page 3 . 5.3 Written grievances, ... 7.2 The Union Representative, when on site, shall

COLLECTIVE AGREEMENT

Between: MULTI CONSTRUCTION SERVICES

(hereinafter referred to as the "Employer")

-and-

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

(hereinafter referred to as the "Union")

ARTICLE 1 - DURATION OF AGREEMENT

1.1 This agreement shall become effective on the First Day of May, 2016 and shall continue to remain in effect until the Thirtieth Day of April, 2019, and shall continue in force from year to year thereafter unless either party shall furnish the other with notice of termination, or proposed revision of this agreement within ninety (90) days before the Thirtieth Day of April 2019, or in a like period in any year thereafter.

ARTICLE 2- GEOGRAPHICAL AREA

2.1 The Employer's personnel who are wooking in the Province of Ontario.

ARTICLE 3- RECOGNITION AND UNION SECURITY

3.1 The Employer recognizes the union as the exclusive bargaining agent for all employees employed by the Employer.

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3.2 For all work performed in the Electrical Power Systems Sector, the Mainline Pipeline Sector, and for Power, Energy and Communication Construction, Maintenance and similar work, the Employer agrees to abide and be bound by the following collective agreements and any renewal thereof:

• Electrical power Systems Sector - EPSCA Agreement • Mainline Pipeline Sector - Mainline Pipeline Agreement • Power, Energy and Communication Construction, Maintenance and Similar Work

- Utility Contractors Association of Ontario Incorporated and International Union of Operating Engineers, Local 793 Collective Agreement

For all work performed in geographic areas for which there are Accredited Employer Associations with collective agreements with the Union covering the work performed by the Employer, the Employer acknowledges that it must apply the terms and conditions of those agreements. For clarity this includes, but is not necessarily limited to, work under the:

• Toronto and Area Road Building Collective Agreement • Greater Toronto Sewer and Watermain Collective Agreement

For work performed in all sectors other than the Electrical Power Systems Sector, the Mainline Pipeline Sector, Power, Energy and Communication Construction, and construction work covered by Accredited Employer Agreements, the Employer shall abide and be bound by the terms and conditions of this Agreement.

3.3 If the Employer requires employees, it shall call the Union Dispatcher who shall supply qualified people as soon as reasonably possible. If the Dispatcher is unable to supply qualified people within 48 hours, the Employer may hire independently upon the condition that such employees become members of the Union after fifteen (15) working days or eighty (80) hours of employment or be dismissed. The Employer has the sole authority to judge the quality of employability.

3.4 Before a new employee starts to work, he or she must have an official clearance card issued by the Union office, unless other arrangements are made by the Union Dispatcher.

3.5 If the employee is hired outside the Union office, the Employer shall notify the Union of such hiring and obtain a clearance card. All new employees shall be required to pay Union dues from the date of hiring.

3.6 Subject to Article 3.3, all employees shall, as a condition of employment, become and remain members in good standing while employed under this agreement.

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3. 7 The Employer shall deduct initiation fees, union dues and annual assessments from the wages of all employees who become members, and shall submit deductions to the Union office on the first pay period of each month, together with a list of the employees from whom such deductions have been made. The Union shall notify the Employer of the amounts and any changes thereto of the above-mentioned deductions.

3.8 The Employer agrees to sub-contract all work only to sub-contractors who are in contractual relations with the Union.

ARTICLE 4 - MANAGEMENT RIGHTS

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

Without restricting the generality of the foregoing paragraph, it is the exclusive function of the Employer:

a) To determine qualification, classify, transfer, hire, direct, promote without regard for seniority, demote, lay-off, discipline and discharge employees for just cause and to increase and decrease working forces in accordance with the terms of this agreement.

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

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

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

4.3 All incidents pertaining to discharge or reprimand shall be in writing to the employee, Union Steward and Union.

ARTICLE 5- GRIEVANCE PROCEDURE

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

5.2 All grievances are to be dealt with under the Steps below, and at Step 2 shall be in writing on forms supplied by the Union to the employee having such grievance.

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5.3 Written grievances, to be valid, shall set out the nature of the grievance, the article or articles of the agreement alleged to have been violated and the nature of the remedy sought.

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

5.5 If advantage of the provisions of Article 5 is not taken within the time limits specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be reopened.

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

5.7 It is understood and agreed that an employee does not have a grievance until he or she has discussed the matter with his or her foreperson or their supervisory personnel acting in this capacity and given him or her an opportunity of dealing with the complaint. His decision shall be made known to said employee within forty-eight ( 48) hours.

Grievances properly arising onder this agreement shall be adjusted and settled as follows:

STEP 1:

Within five (5) working days after the circumstances gl.Vlng rise to the grievance occurred or originated, the aggrieved employee, with or without a Union Representative, shall present his or her grievance orally or in writing to the official of the Employer named by the Employer to handle grievances at this step. If a settlement satisfactory to the Union and the employee concerned is not reached within two (2) full working days, a grievance may be presented as indicated in Step #2 at any time within five (5) full working days thereafter.

STEP 2:

At this step, the grievance may be processed as an individual, joint or Union grievance and shall be presented in writing by a Union Steward or Representative to the Company official assigned to handle written grievances. The Employer shall provide a response within (10) full working days. If no satisfactory response is received within that time, the Grievance may be referred to arbitration before the Ontario Labour Relations Board in accordance with section 133(1) within a further ten working days.

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

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5.9 No proceedings under this article shall be declared invalid· and actions under these Articles shall not be set aside if no substantial wrong or miscarriage of justice has occurred.

ARTICLE 6 • NO STRIKES, NO LOCKOUTS

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

6.2 It will not be considered a violation of this agreement for employees to refuse to cross a legal picket line and the Employer agrees that no action will be taken against the Union or any members for refusing to cross such legal picket line; however, the Union agrees to grant permission and to assist the Employer to remove equipment from behind a picket line when reasonably possible and where the Employer is not involved.

6.3 Similarly, the Employer shall not be deemed to have contravened this Article if a job or project is closed down by action beyond his or her control.

ARTICLE 7 ·UNION REPRESENTATION

7.1 The Union Representative shall, in the course of his or her duty, have access to the work, where possible, on which members of the Union are employed and the Employer shall assist the Union Representative to obtain a pass to the premises where necessary. The Union Representative shall first make his or her presence known to the Employer's most senior representative in the job office. In no instance, however, shall he or she interfere with the progress of the work, except to correct safety violations and then only after consultation with the Employer's representative to whom he or she first made their presence known.

7.2 The Union Representative, when on site, shall abide by all safety rules as stipulated in the appropriate safety acts or regulations and as stipulated in the Employer's safety policy.

7.3 It is agreed that the Union may appoint one employee to act as Steward and that the Employer shall be notified in writing of such appointments and changes thereafter.

7.4 The Steward shall be the last employee covered under the terms of this agreement to remain working and the first employee to be recalled covered under the terms of this agreement provided he or she is competent and capable of performing the work. The rate of pay while performing such work shall be in accordance with this agreement. Specifically, the Steward shall not necessarily be the highest paid on the job site during the same shift.


7.5 The Steward, where possible, will be responsible for reporting any complaints or grievances to the Employer and to the Union so that these may be dealt with in the proper manner without delay. Should an employee be subject to monetary loss as a result of discipline, the Union Steward must be advised.

ARTICLE 8- SAFETY AND SANITATION

8.1 One safety helmet, Oily pair of safety glasses, and a traffic vest will be supplied to each employee. The union agrees that employees, except in the lunchroom or office, will wear their safety helmets, safety glasses and traffic vests at all times. All safety items and safety wear must be returned to the Employer upon termination of employment or such cost will be deducted from the final pay cheque.

8.2 The Employer will supply CSA approved rubber boots and wet weather gear and all other safety items that are reasonably required once every calendar year. In the case where any boots are damaged, the boots have to be returned to the Employer in order for replacement.

8.3 The Employer, employees and the Union agree to abide by the provisions of the appropriate safety acts and company policies.

8.4 The Employer .shall provide training in all facets of their operation to all employees if designated and approved by management. They will reimburse the employees after they have accumulated 2000 operating hours for any legitimate costs incurred in obtaining this training or advancement of their skills. The cost of driver examination medicals will also be reimbursed by the Employer upon the presentation of a receipt by the employee.

8.5 No entertainment or personal communication devices such as cell phones, Blackberries, iPods, smart phones, MP3 Players and/or similar devices shall be used during working hours, nor shall they be turned on, except during lunch break, regular work breaks, job site emergencies, or where prior approval is obtained from the employee's supervisor.

ARTICLE 9- PAYMENT OF WAGES

9.1 Wages shall be paid weekly by cash, cheque or direct deposit at the option of the Employer during working hours on Thursday of each week and shall be accompanied by a retainable slip outlining the rate of pay, hours of work, overtime hours, deductions for Income Tax, Employment Insurance, CPP, etc., where applicable. It is further agreed that an employee's pay slip will show the number of hours worked each week.

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ARTICLE 10- LAY OFF & RECALL

1 0.1 Whenever an Employment Insurance Separation Certificate and/or last pay cheque are not given to employees at the time of lay-off/termination, the Employer shall forward the Employment Insurance Separation Certificate to Service Canada electronically within five (5) calendar days of the lay-off/termination. The last pay cheque shall be sent by the Employer to the employee's last known address by registered mail, or if requested by the employee, be made available for pick up within two (2) business days from the date of lay-off/termination. The Employer shall rehire said employee upon the condition that the employee obtain an up-to-date clearance card by the Union Dispatcher.

10.2 Notification of, or attempted notification of, lay-off to an employee on a Saturday, Sunday or Statutory Holiday shall be considered improper notice.

10.3 The Union shall be notified of proposed lay-offs on the day of notification to the employee or employees to be laid off, if possible.

10.4 The Employer will recall first laid off employees properly registered on the Union out of work list. The recall does not apply to those employees properly notified by the Employer on lay off that they will not be recalled.

ARTICLE 11 TRAVEL ALLOWANCE- ROOM & BOARD

11.1 The Employer agrees to pick-up those provisions of the applicable local area's Sewer and Watermain Agreement that relate to Travel Allowance, with the addition of the provisions in the following articles.

11.2 Where an employee is required to stay away from his or her home overnight, the Employer will pay reasonable meal expenses and accommodation or in lieu of this pay, each employee shall receive one hundred and twenty dollars ($120.00) per day for each day away from home.

11.3 The Employer agrees to provide, where practical, twenty-four (24) hours notice of work to be done out of town.

11.4 When an employee is required to report to an assembly point and is supplied with transportation to a jobsite from that point, the Employer shall pay employees at straight time rates for all time spent on travelling to and from the work site only


ARTICLE 12- STUDENTS

12.1 The Employer reserves the right to hire students during school holidays and only for the period of June 1st to Labour Day. These hires shall not be subject to articles 3.3 to 3.6 and, notwithstanding the language of 3.7, shall not be required to pay any amount as initiation fees or annual assessments.

12.2 The employment of said students shall not result in the lay-off of regular employees.

12.3 · Students shall pay dues from the start of their employment.

ARTICLE 13 ·BENEFITS

13.1 For new employees, after a probationary period of fifteen (15) working days or eighty (80) hours, the Employer will start remitting to the International Union of Operating Engineers, Local 793 Health and Pension Plans for each employee, as per Article 13.2.

13.2 Welfare and Pension

a) Effective May 1, 2016 the Employer shall contribute in total:

Seven dollars & Eighty-Eight cents ($7.88) per hour to the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust of Ontario (the "Health Plan") and to the International Union of Operating Engineers, Local 793 Members Pension Benefit Trust of Ontario (the "Pension Plan") for each hour earned by each employee in his employ.

Effective May 1, 2017, the total Employer contributions of Seven dollars & Eighty-Eight cents ($7.88) per hour shall increase to Eight dollars and Eight cents ($8.08)

Effective May 1, 2018, the total Employer contributions of Eight dollars and eight cents ($8.08) per hour shall increase to Eight dollars and Twenty-Seven Cents ($8.27) per hour.

b) It is agreed that the Employer shall make a single monthly payment to an independent administrator appointed by the Trustees of the Health Plan and the Pension Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that the contributions are allocated and made on behalf of the Employer and employee to the Health Plan and the Pension Plan, as set out in this Agreement.

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c) These monies shall be remitted in accordance with this Agreement to the Health Plan and Pension Plan.

d) Payments into the Health Plan and Pension Plan are to be made by the 15th day of the month following the month for which payment is made, and at no time shall the contributions be paid directly to the employee.

13.3 Article 13.2 (b) requires that the Employer shall make a single monthly payment to an independent administrator appointed by the Trustees of the Health Plan and the Pension Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that the contributions are allocated and made on behalf of the Employer and employee to the Health Plan and the Pension Plan as follows:

Effective May 1, 2016:

i) For employees with $6,750.00 or fewer dollars in their Health Plan dollar bank, Three dollars and Eighty-Five Cents ($3.85) to the Health Plan and Four dollars and Three Cents ($4.03) to the Pension Plan;

ii) for employees with more than $6,750.00 in their Health Plan dollar bank, Seven Dollars and Eighty-Eight Cents ($7.88) to the Pension Plan.


i) for employees with $6,750.00 or fewer dollars in their Health Plan dollar bank, Three Dollars and Ninety Cents ($3.90) to the Health Plan and Four Dollars and Eighteen Cents ($4.18) to the Pension Plan;

ii) for employees with more than $6,750.00 in their Health Plan dollar bank, Eight Dollars and Eight Cents ($8.08) to the Pension Plan.


i) for employees with $6,750.00 or fewer dollars in their Health Plan dollar bank, Three Dollars and Ninety-Five Cents ($3.95) to the Health Plan and four Dollars and Thirty-Two Cents ($4.32) to the Pension Plan;

ii) for employees with more than $6,750.00 in their Health Plan dollar bank, Eight Dollars and Twenty-Seven Cents (8.27) to the Pension Plan.

The amount $6,750.00 in a Member's Health Plan dollar bank noted in (i) and (ii) above shall be re-determined from time to time as determined by a dnly constituted motion passed by the Board of Trustees of the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust of Ontario, and as conveyed to the administrator.

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13.4 i)

ii)

iii)

iv)

v)

13.5

13.6 i)

These monies shall be remitted in accordance with this Collective Agreement and shall be remitted by the 15th day of the month following the month in which the hours have been earned, together with the supporting information entered on a Reporting Form as designated by the Trustees and at no time shall the contributions be paid directly to the employee.

In the event an Employer fails to remit any contributions, deductions or remittances for the Health Plan, the Pension Plan, Dues, Advancement Dues, fees or assessments, etc. as required by the terms of this agreement, by the 15th day of the month due, the Employer shall pay to the appropriate fund, as liquidated damages and not as penalty, an amount equal to three percent (3%) of the moneys owing per month, compounded monthly (42.6% per annum) for any delinquent contributions, deductions, remittances fifteen (15) days in arrears calculated from the date due, provided the Employer has received five (5) days prior written notice to correct such delinquency and has not done so.

With reasonable cause, the Trustees may request an Employer to submit to them, within a stipulated period, a certified audited statement of payroll contributions to these funds for a period not to exceed the period from the effective date of this Agreement until the date the audit takes place. Such statements shall reply to the questions submitted to the Employer by the Trustees.

If the Employer does not submit the certified audited statement as per Article 13.4 (iii), the Trustees may appoint an independent chartered accountant to enter upon the Employer's premises during regular business hours to perform an audit of the Employer's records only with respect to the Employer's contributions or deductions to the required Employee Benefit Plan.

Where the trustees appoint an auditor, the cost of the audit shall be borne by the appropriate funds or plans, but the cost of the audit shall be borne by the Employer if the Employer is found to be in deliberate violation of the Agreement. In addition, the trustees may assess a penalty not to exceed Twenty-Five Thousand Dollars ($25,000.00), if the audit discloses any deliberate violation.

In the event such audit reveals that the Employer has failed to remit contributions in accordance with the provisions of this Agreement, the Employer shall, within five (5) days of receipt of written notice from the trustees, remit all outstanding contributions together with any liquidated damages required under the terms of Article 13.4 (ii) above and completed supporting contribution report forms as required by the Plan.

When an Employer fails to remit all delinquent contributions the provisions of Article 13.4 (ii) shall apply and the Union, on instruction from the Trustees, shall immediately institute proceedings against the delinquent Employer under Section 131(1) of the Labour Relations Act of Ontario. All costs of such actions shall be borne by the appropriate plan or fund unless otherwise recoverable.


ii) Where the parties agree to a settlement of a delinquency and such settlement is violated by the Employer, the violation may be used by the Union as evidence [subject to Article 13.4 (iii)] at the Ontario Labour Relations Board; and Article 13.4 (ii) shall apply.

iii) In the event that a grievance alleging that the Employer has failed to remit the proper contributions, deductions or remittances to any Trust Fund or party as required. by this Agreement is litigated, the parties agree that for the purposes of determining any issue, the following presumption shall apply:

a statement signed by a member of the Union, a business representative, a trustee or the administrator of a Trust Fund, shall be prima facie evidence of the number of hours worked by members of the Union, and of a failure to make the appropriate payments as required by this Agreement. This evidence shall establish only a rebuttable presumption and may be challenged by the Employer with proper documentary evidence.

iv) If the Ontario Labour Relations Board or a Board of Arbitration to which a grievance alleging failure to pay wages to employees or a failure to make appropriate payments to a Trust Fund as required by this Agreement is litigated and the Board determines that an Employer has violated the Agreement, then the Ontario Labour Relations Board or the Board of Arbitration shall also require the Employer to pay all reasonable costs incurred by the Union in prosecuting the grievance including but not limited to, all legal costs on a solicitor-and-client basis, travel, meal and accommodation costs of all witness(es) and business representative(s), conduct money, cost incurred in serving a summons, any expenses incurred by the Union pursuant to Section 133(10) of the Labour Relations Act or othe1wise, for the Board of Arbitration.

v) The Union may, with cause, require the Employer to post or secure an unconditional letter of credit or other form of security acceptable to the Union to cover any delinquencies as required by this Agreement. The maximum amount of the unconditional letter of credit or other form of security shall be the amount the Employer would be expected to contribute for a four ( 4) month period or Twenty Thousand Dollars ($20,000.00) whichever is the greater amount.

vi) The parties recognize that the payments to the various Trust Funds as required by this Agreement are part of a total wage package. For the purposes of director's liability to employees under the Ontario Business Corporations Act and the Canada Business Corporations Act, the wages set out in this Agreement are the total wage packages.


13.7 Where the Union has taken prior proceedings and obtained a decision against the Employer for delinquent contributions, deductions or remittances, the Union may require the said Employer to post a cash bond, certified cheque or other form of security acceptable to the Union, not to exceed Twenty Thousand Dollars ($20,000.00), or an amount equal to four ( 4) months contributions whichever is the greater amount, to be held in trust by the Trustees for a period to be determined by the Trustees. In the event that the said Employer again becomes delinquent for contributions, deductions, or remittances, the Union and/or the Trustees may apply the cash bond or certified cheque, or any portion thereof, to satisfy the delinquency and require the Employer to replenish the cash bond or certified cheque in a higher amount. In the event that the cash bond or certified cheque does not satisfy the full amount of the delinquency, the Union may take other proceedings to recover the balance.

13.8 If the Employer does not have any employees in its employ, it shall submit a NIL report in accordance with the provisions of Article 13.4.

13.9 The Trustees of the employee benefit plans referred to in this Collective Agreement shall promptly notify the Union of the failure by the Employer to pay any employee benefit contributions required to be made under this Collective Agreement and which are owed under the said plans in order that the Programs Administrator of the Employee Wage Protection Program may deem that there has been an assignment of compensation under the said program in compliance with any current legislation in relation to the Employee Wage Protection Program.

13.10 Dues Check-Off

a) The Employer shall deduct regular monthly dues, working dues, initiation fees and annual assessments from the employee's pay.

The Employer agrees to deduct from each employee in the bargaining unit working dues at the rate of 2% of the total monetary package (which includes the hourly rate, vacation pay, health plan and pension plan contributions for each hour earned by each employee).

b) All dues, fees and assessments so deducted shall be remitted together with pension contributions set out in this agreement on or before the 15th day of the following month in which such deductions were made.

c) The Employer shall, when making all remittances to the union, identify employees both by name and social insurance number and indicate the amount deducted from each employee.


13.11 Advancement Dues Check-Off

The Employer shall deduct fifteen cents ($0.15) per hour for each hour earned by each employee covered by this Agreement for Advancement Dues. The amount deducted shall be remitted together with other monthly contributions and deductions in the manner set out in this Collective Agreement.

Effective May 1, 2016, the amount of fifteen cents ($0.15) shall increase to twenty cents ($0.20) per hour· for each hour earned by each employee covered by this Agreement for Advancement Dues.

Effective May 1,·2017, the amount of twenty cents ($0.20) shall increase to twentyfive cents ($0.25) per hour for each hour earned by each employee covered by this Agreement for Advancement Dues.

Effective May 1, 2018, the amount of twenty-five cents ($0.25) shall increase to thirty cents ($0.30) per hour for each hour earned by each employee covered by this Agreement for Advancement Dues.

13.12 The Union agrees to hold harmless and indemnify the Employer and the Trustees against any liability incurred as a result of deductions made under Article 13.

ARTICLE 14- HOURS OF WORK

14.1 Employees will be paid hourly from the time they begin work at the base of operations (ie. the Employer's yard) and will continue until such time as the operator returns to the base of operations. For clarity, this includes time needed to properly carry out pre-trip safety inspections, paperwork, and all work related to preparing the truck for operation at the start of the day.

14.2 The normal work week shall be fifty (50) regular hours per week, made up of ten (10) hours per day Monday to Friday.

14.3 All hours worked in excess of ten (10) in one day, odifty (50) hours between Monday and Friday, shall be paid at the rate of 1.5x (time and one-half) the regular hourly rate. There shall be no 'pyramiding' of overtime.

14.4 All work performed on Saturday shall be paid at the rate of 1.5 x (time and a half) the regular hourly rate. All work performed on Sunday and Statutory Holidays shall be paid at double (2x) the regular hourly rate.

14.5 If an employee reports for work, he or she will be paid a minimum of three (3) hours pay or actual hours worked, whichever is greater. If an employee is notified not to report before leaving for work, the employee will not be entitled to the three (3) hours pay. If required to work on short notice, weekends or at night, a three (3) hour minimum will be paid.

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14.6 Emergency Call-In

The Employer may schedule employees to be on call after regular hours of work and weekends. The Employer shall pay employees an additional $50.00 per day to be on call. If an employee is called and cannot be reached then the employer will have the right to remove the $50.00 payment from the employee.

14.7 If called, the employee will be paid a minimum of 4 hours.

ARTICLE 15- STATUTORY HOLIDAYS

15.1 Statutory Holidays are:

New Year's Day Victoria Day Thanksgiving Day Labour Day

Family Day Canada Day Christmas Day

Good Friday Civic Holiday Boxing Day

NOTE If the Government of the Province of Ontario amends any legislation to provide for any new Holidays, such holiday shall be a holiday herein.

Employees will normally have these days off but if work is required, double (2x) the rate will be paid for all regular hours worked on the holiday. The holiday shall commence at midnight and end the following midnight.

ARTICLE 16- VACATION PAY

16.1 Vacation and Statutory Holiday Pay shall be paid weekly to each employee covered by this Collective Agreement, at the rate of ten percent (10%) of the gross wages earned, and income tax will be deducted weekly.

It is understood and agreed that four percent (4%) of the gross wages is to be considered Vacation Pay and six percent ( 6%) of the gross wages is to be in lieu of Statutory Holiday Pay.

ARTICLE 17 NEW HIRES AND TRAINEES

17.1 All new hires, regardless of their classification, must complete eighty (80) hours or fifteen (15) days before the employee will be entitled to receive pension and benefits. All new hires save and except students hired pursuant to Article 12, shall be required to become a member of the Union after eighty (80) hours or fifteen (15) days of work, whichever comes first.


,,

17.2 Once the fifteen (15) day probationary period is completed, the apprentice is required to maintain a log book detailing hours worked.

17.3 Subject to article 3, the Employer is to notify the Union if it forms an intention to hire an individual with no prior experience in any of the classifications under the collective agreement for any prior hydrovac or construction employer as an 'apprentice'. Subject to the Union's agreement, the Employer may pay such a 'trainee' on the following basis while providing training and experience to said trainee:

Trainee: 60 % of the regular rate for the first 1,000 hours. 75 % of the regular rate from 1,000 to 2,000 hrs. 90 % of the regular rate from 2,000 to 3,000 hrs. 100 % 3,000 hours and above.

ARTICLE 18 -Wages and Classifications

18.1 Wages and Classifications

A) Vacuum Truck Operator and or Combo Truck Operator

DATE WAGES VAC. BENEFIT PENSION TRAINING

TOTAL PAY PLAN PLAN FUND

May 1, 2015 $26.33 $2.63 $3.80 $3.89 $0.15 $36.80 May 1, 2016 $27.25 $2.73 $3.85 $4.03 $0.20 $38.06 May 1, 2017 $28.20 $2.82 $3.90 $4.18 $0.25 $39.35 May 1, 2018 $29.07 $2.91 $3.95 $4.32 $0.30 $40.55

B) Flush Truck Operator

WAGES VAC. BENEFIT PENSION TRAINING

TOTAL DATE PAY PLAN PLAN FUND

May 1, 2015 $25.85 $2.59 $3.80 $3.89 $0.15 $36.28 May 1, 2016 $26.77 $2.68 $3.85 $4.03 $0.20 $37.53 May 1, 2017 $27.73 $2.77 $3.90 $4.18 $0.25 $38.83 May 1, 2018 $28.60 $2.86 $3.95 $4.32 $0.30 $40.03


C) Assistant and or helper ofthe above classifications

WAGES"A"



May 1, 2015 $24.33 $2.43 $3.80 $3.89 $0.15 $34.60 May 1, 2016 $25.25 $2.53 $3.85 $4.03 $0.20 $35.86 May 1, 2017 $26.20 $2.62 $3.90 $4.18 $0.25 $37.15 May 1, 2018 $27.07 $2.71 $3.95 $4.32 $0.30 $38.35

WAGES"B"



May 1, 2015 $23.85 $2.39 $3.80 $3.89 $0.15 $34.08 May 1, 2016 $24.77 $2.48 $3.85 $4.03 $0.20 $35.33 May 1, 2017 $25.73 $2.57 $3.90 $4.18 $0.25 $36.63

May 1, 2018 $26.60 $2.66 $3.95 $4.32 $0.30 $37.83

18.2 This agreement shall in no way be construed or applied so as to effect a reduction of wages or existing privileges of the employees covered by this agreement.

18.3 The Union agrees that where the Employer is competing against non-union companies for a job, the Union will reasonably assist the Employer in order for the Employer to submit a competitive bid by determining if the wage rates outlined in Article 18 can be adjusted for the duration of the specified job.

18.4 The classifications set out in this agreement shall include all similar equipment, with or without attachments, in each group working on land or water or underground; and shall be manned and/or operated by members of I.U.O.E. Local 793. Rates for new types of equipment not presently used by the Employer shall be classified and agreed upon by the Union and the Employer as conditions indicate. .


ARTICLE 19- TRAINING TRUST FUND

19.1 The Union and the Employer agree to maintain and recognize the I.U.O.E., Local 793 Training Trust Fund (Training Fund).

19.2 Each Employer shall contribute Fifteen Cents ($0.15) per hour to the Training Fund for each hour earned by each employee in his employ, to be submitted with the Pension and Health Fund payments herein provided, and to l;>e remitted to the Training Fund for the purpose of developing and implementing programs established by the Training Fund.

Effective May 1, 2016 the Employer shall contribute the sum of Twenty cents (20¢) per hour for each hour earned by each employee covered by this Agreement, as the Employers contribution to a mutually trusteed Training Fund.

Effective May 1, 2017 the Employer shall contribute the sum of Twenty-Five cents (25¢) per hour for each hour earned by each employee covered by this Agreement, as the Employers contribution to a mutually trusteed Training Fund.

Effective May 1, 2018 the Employer shall contribute the sum of Thirty cents (30¢) per hour for each hour earned by each employee covered by this Agreement, as the Employers contribution to a mutually trusteed Training Fund.

Hydro Vac Agreement 20i 6- 20i 9 Page 17

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IN WITNESS AND TESTIMONY of the provisions and terms mutually agreed upon specified in this agreement, the duly authorized and/or representatives from both parties hereby affix their signatures.

DATED this ,;2 \?+

ON BEHALF OF: Multi Construction Service

2382 Stouffville Road, P.O. Box 702 Address

Gormley, Ontario, LOH lGO City, Province, Postal Code

(T) 416-410-9394 (F) 905-660-1305 Telephone and Fax Numbers

Email Address

Hydro Vac Agreement 2016 - 2019

day of Nt'v:f m b-e<"' '2016.

ON BEHALF OF: International Union of Operating Engineers, Local 793

141. n&~--Mike Gallagher, )tusine s Manager

Alex Law, Treasurer

Brian Alexand r, Recording-Corresponding Secretary

Recommended by:

Page 18

Documents

Between: MULTI CONSTRUCTION SERVICES and Civil Engineering... · Hydro Vao Agreement 2016-2019 Page 3 . 5.3 Written grievances, ... 7.2 The Union Representative, when on site, shall