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OLRB File No. 0764-18-FA

MINUTES OF SETTLEMENT

BETWEEN:

Manalco Contracting Ltd.

("Manalco")

- and-

Carpenters and Allied Workers Local 27

("Local 27")

WHEREAS Manalco and Local 27 have entered into a collective agreement this 7iro day of September, 2018 in respect of OLRB Board Area 26 (the "Collective Agreement");

AND WHEREAS the Collective Agreement shall expire on February 29, 2020;

AND WHEREAS Local 27 and Manalco have agreed to settle and resolve OLRB File Nos.: 0764-18-FA, 1596-18-FA, 0634-17-FA, and 0633-17-U in reliance upon these Minutes of Settlement;

NOW THEREFORE in consideration of the above representations and agreements, the parties agree as follows:

1. Local 27 and Manalco agree that neither Local 27 nor Manalco shall take the position that the duration of the Collective Agreement is not valid and enforceable between the parties and shall be expressly estopped from asserting such a position at any time, nor shall Local 27 or Manalco solicit or encourage any third party to challenge the duration of the Collective Agreement or assert that the duration of the Collective Agreement is not lawful and enforceable for any reason.

2. Local 27 and Manalco agree to defend the enforceability of the duration clause of the Collective Agreement in any and all legal proceedings, if necessary.

3. Local 27 and Manalco agree that these Minutes of Settlement are entered into and may be enforced pursuant to section 96(7) of the Labour Relations Act, 1995.

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Dated this 7t11 day of September, 2018 at Toronto, ON

2 of 2

~JCll@Rters and Allied Workers

Local27

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MINUTES OF SETTLEMENT

BETWEEN:

Manalco Contracting Ltd.

("Manalco")

·and-

Carpenters and Allied Workers Local 27

("Local 27")

The parties agree to enter in the attached collective agreement, as amended and subject to the terms and conditions stated herein (the "Collective Agreement") :

1. The Collective Agreement shall be effective as of and from September 7, 2018 and shall expire on February 29, 2020.

2. Article 2.03: The parties acknowledge and confirm that the cross over collective agreements referred to in Article 2.03 of the Collective Agreement are applicable to work only in OLRB Board Area 26 and in no way expand Local 27's bargaining rights with Manalco outside of OLRB Board Area 26 notwithstanding any language or provisions of those agreements to the contrary.

3. Article 4.01 and 4.04: Local 27 agrees that any worker currently performing work for Manalco which falls within the work jurisdiction of Local 27 who wishes to perform bargaining unit work in OLRB Board Area 26 for Manalco shall be permitted to become a member of Local 27. Any such member who wishes to become a crew leader and perform bargaining unit work in OLRB Board Area 26 for Manalco shall be permitted to sign a Crew Leader Participation Agreement confirming that the crew leader shall comply with the crew leader's obligations under the Collective Agreement.

4. Articles 10.01: Workers covered by this Collective Agreement shall also supply themselves with and wear all necessary fall protection equipment.

5. Article 18.01 : As Manalco is not a member of the Residential Siding Contractors Association, Manalco shall pay the equivalent of the Contractor Industry Fund to the Sick Kids Foundation. Manalco shall provide the Union proof that it made the

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appropriate donation on the fifteenth day of each month. Such proof shall take the form of a receipt.

6. The rates in the collective agreement shall be current wage schedules (which include Schedule A, B, C, and D and all applicable letters of understanding) in the Exterior Cladding Installation Collective Agreement between the Residential Siding Contractors Association of Greater Metropolitan Toronto and Carpenters and Allied Workers Local Union 27 of the United Brotherhood of Carpenters and Joiners of America effective to April 30, 2019 (the "Exterior Cladding Installation Collective Agreement"). The wage rates from April 30, 2019 to February 29, 2020 shall be the wage rates (which include any schedules and letters of understanding) found in the successor Exterior Cladding Installation Collective Agreement and will include any retroactive pay increases to April 30, 2019.

Dated this 7u.. day of September, 2018 at Toronto, ON

Ca rs and Allied Workers Local 27

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i EXTERIOR CLADDING INSTALLATION \;, -: 1 COLLECTIVE AGREEMENT I

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BETWEEN:

MANALCO CONTRACTING LTD. .

(hereinafter caUed the "Contractorn)

CARPENTERS AND ALLIED WORKERS, LOCAL 27, UNITED BROTHERHOOD OF CARPENTERS

AND JOINERS OF AMERICA

(hereinafter called the "Union")

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EFFECTIVE DATES: CATE OF SIGNING TO Al'Rli ~O, 201~

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INDEX--To Be Adfusted in Accordance with the Amendments set out herein.

Artlcf e 1 - PURPOSE 3

Article 2 - RECOGNITION 3

Article 3 - OEF1NmONS 4

Article 4- UNION SECURITY 5 ·7J .. ·I Article 5 - SUBCONTRACTING 6

J. Artfcle 6- RATES & METHOD OF PAY 7

Article 7 - CONTRIBUTIONS 9 I

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1' Article 9 - UNION REPRESENTATIVES 11

ArtJcle 1 O - SAFETY 12 . ..

Article 11 - WORJ<JNG CONDITIONS 12

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I I ; I Article 12- GRIEVANCE PROCEDURE & ARBITRATION 13

Article 13 - MANAGEMENT CONTRACTOR RIGHTS 14 -1 ;I . Article 14-STRIKES OR LOCKOlfr 14 i ,J

j Article 15 - SEVERABILITY 14

.J Article 16 - SUCCESSORS AND ASSIGNS I 15 I I Article 17 - PROD~CTNITY 15

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i _:~ ArtJcle 18 - CONTRACTOR INDUSTRY FUND 15

Article 19 - ENABLING CLAUSE 15 :~

::·. 1 ·'"1 Article 20 - MISCELLANEOUS CLAUSES 16

I ,:::1 Article 21 - DURATION, CHANGE & RENEWAL 16

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SCHEDULE "B" 20 - 22 ; I I •I .. 'i SCHEDULE "C" 23 r

I SCHEDULE "D" 24 ·I • - J I SCHEDULE "E" 25

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SCHEDULE " G"

SCHEDULE " H" .

LflTER OF UNDERSTANDING NO. 1

LETIER OF UNDERST ANDrNG NO. 2

LETIER OF UNOERSTANDmG NO. 3

LETTER OF UNOERST ANDING NO. 4

LETTER OF UNDERSTANDING NO. 5

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WHEREAS the Contractor and the Union wish to enter into a Collective Agreement with respect to certain workers in the residential exterior cladding industry engaged in work described In Article 2 of this Agreement. ·

AND WHEREAS the parties acknowledge. that there exists an economic dependency by the workers on the contractors in performing residential ' exterior cladding work for the purposes of labour relations; and that workers may work for more than one contractor within a short period of time;

NOW THEREFORE it is agreed as follows:

ARTICLE I - PURPOSE

1.01 The general purpose of this Agreement is to establish · mutuaUy satisfactory relations between the Contractor and its Workers, to provide a means for the prompt and equitable dispositlon of grievances; and to establish and maintain satisfactory working conditions for all Workers who are subject to its provisions ifl the exterior cladding industry .

ARTICLE 2- RECOGNITION

2.01 The Contractor recog.nizes the Union as the sol.e and exclusive bargaining agent for all construction Workers of the Contractor engaged In new Residential Construction (defined as 3 or more units) In resldentiat buildings (commonly referred to as fow-rlse and mid-rise) In the Installation of aluminum and vinyl siding, eavestroughlng, soffit and fascia and suet) o~er related exterior cladding products as may be applied, in The Regional Municipality of Hamilton-Wentworth, the City of Burlington, that portion of tf\e geographic Township of Beverly annexed · by North Dumfries Township and that portion of the Town of Milton within the geographic townships of Nassagaweya and Nelson, save and except non:-worklng foremen, .persons above the rank of non-working foreman, office and clerical staff. For clarity purposes, custom homes are excluded.

~ +he Un~n recognizes tAe-Reskiemlal-Sidi~otors Assoeiatlon of GreatoF Metropolitan Toronto (RSCA) as sole and exoluslve bargaining agent of the members of the RSCP, and the uAia&-agroos that renov.ials of this agreemen1 wm be negotiated with the RSCA aRG-Rot wlth the individual members.

2.03 If the Contractor performs work covered by any of the following Collective Agreements to whlch the Union is a party in OLRB Geographic Area 26, such work shall be performed under this Agreement, according to the terms and cmnditions of the applicable Agreement which shall be deemed to be incorporated by reference here In;

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a) Provlnoial !Cl A~ew1FeeR--H*HO'af::eeirtt:eRr-effitt:tl~o>¥1J'OettF-ta:ttiAftid,..;:E=tmfff=*1pl~ojy.tjte·e

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Residential Low-Rise Trim Carpentry Collective Agreement between the Wood Mill & Trim Owners Association of Ontario ·(C.O.B. as Trlm Association of Ontario) and the Union .

Residential Sector Agreemen~ntry) between tRe Union ane ·the Toronto & District Garpentry-GoRtr-aators Assooiatie&.-

c) Fleavy Construotion Agreement between the l1ea\"J Constructiefl Association of Ontario aM-The-G~nter's District Gouncll Ontario.

d) the Unie~sldential Sector Resilient Floorworkers Agreement.

e) the Union's Residential Sector Shingling Agreement.

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the Union's fu:hmlt and Display Agreement

Provincial Residential Agreement between the Interior Systems Contractors Association of Ontarlo and Drywall, Acoustic, Lathing and Insulation Local 675, U.B.C.J.A.

h) The RosieeAtlal Stoel Frnming Agroement betv.ieen KML Engineorod Homes Ltd. and Dryv.rall, Acoustic, Lathing . an!'f Insulation Local 676, Y.13.G.J.A.

The Union shall provide current copies of the above agreements to the RS.GA Contractor.

. ~A accordanca with the bargaining rights held by tho Union and set out lh the Geftificate issued by tho OLRB, In tho e110nt that the Contmotor perfonns sai:pentry •.vork in OLRB Geographic Area 26 i.v-hloh Is not covered by this Collootive Agreement, or any one of the Collective ·,i\groement6 referred to in this Glause, the Gontraotor agrees that It shall notffy tho Union prior to the performaRGe of the 1J.1ork and the parties shall negotiate in good faith terms and conditions, ~~ay,fa~1k

2.04 The work jurisdiction of the Union includes the installation of all exterior cladding, siding, eavestroughing, soffit, fascia and stmllar and related work, regardless of the make or material.

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ARTICLE 3- DEFINITIONS

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3.01 The Parties hereto are cognizant of the fact that the .terms used In the Labour Relations Act, the Income Tax Act, and the Workplace Safety and Insurance Act and the definition of employment relationships are not always equivalent. The parties hereto intend all terms used in this Collective Agreement to have the same meaning they have In the Labour Reiations Act

3.02 Alf persons performing work which is covered by Article 2 hereof may be remunerated on the basis of production, commonly known as piecework.

3.03 Jn this Collective Agreement, the term pieceworker, installer or worker shall be deemed to be a person who falls within the definition of dependent contractor contained In the Labour Relations Act. By way of example, pieceworkers may Include a person who works alone, a person who works with only one assistant or a group of partners and assistants where the number of assistants does not exceed the number of partners.

ARTICLE 4~ UNION SECURITY

All workers shall be required to be members of the Union as a condition of performing work covered by this . Agreement except as otherwise provided in Article 4.06.

The Conltactor agrees to deduct from the payments required by Article 6 hereof, such regular monthly union dues and initial assessments as are !Jnlformly applied to all members of the Union. The amount of such dues shall be determined from time· to time and the Contractor shall be advised of the amounts thereof in writing.

4.03 Any worker who wishes to commence work as described in Article 2 hereof who Is not a member of the Union shall be required to become. a member of the Union . before commencing work.

4.04 All crew leaders shall be required as a condition of performing work for the Contractor to enter Into the Crew leader Participation Agreement attached hereto as Schedule 11G" and forming part of the collective agreement. The Union agrees that Its consent to such agreement will not be unreasonably withheld. ·

4.05 The entity Issuing the invoice for work performed under this Collective Agreement shall be deemed to be the Crew Leader. Where an Invoice is submitted pursuant tQ Article 6 hereof which contains more than two names, one of the persons listed In the invoice shall be designated a Crew Leader for the purposes of administering thls Collective Agreement. Such persons shall execute the Crew Leader

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Participation Agreement attached hereto. The execution of this Crew Leader Participation Agreement shall not be nor shall lt be deemed to be determinative of whether such a person falls within the definition of dependent contractor contained In the Labour Relations Act.

4.06 The Contractor may use non-union persons to perform work covered by this Agreement In cases of emergency when there are no Union workers avallable to do the work. An emergency is defined as a situation where there ls a real probability of water damage or situation in which the Contractor faces financial penalties for failure to meet a bona fide deadline. The Contractor shall provide notice to the Union by facsimile copier or email 24 hours prior to commencing the work. The Contractor shall pay to the Union the percentages of monies described in Artlcles 4.07 and 7 In respect of the use of such non-Union persons.

4.07 The Contractor agrees to make the deduction for union dues from the first payment in each calendar month and remit the monies no later than the 15th day qf the following month to the Union or Its administrators.· When remitting such dues the Contractor shall provide the name of the workers and the social insurance numbers for the workers in respect of whom· deductions have been made.

4.08 In the event that the Contractor or crew leader engages non-union personnel to perform any work covered by this Collective Agreement, then the Contractor or crew leader shall pay to the Union the sum of $500.00 per person 'per day which shall constitute liquidated damages, and not a penalty, as compensation for the harm caused by thE! breach of the Collective Agreement. It is understood that If it was a crew leader who engaged the non~unlon personnel, and the Contractor was unaware of the. situation, the Contractor may deduct the aforesaid liquidated damages from the Contractor's payments to the crew leader. The Union shall

· notify the Contractor in respect of such .penalty on said· crew Leader.

4.09 In the event that a contractor or crew leader performs work covered under the Agreement, the contractor or crew leader must be a member of the Union and must pay benefits when working with the tools. ·

ARTICLE 5 • SUBCONTRACTING

5.01 The Gontractor shall only contract or subcontract work covered by this Agreement to a Contractor who Is bound to a Collective Agreement with the Union which covers such work.

5.02 Vlolation of this Article shall be subject to grievance and arbitration notwithstanding any reference of any jurisdictional dispute to any tribunal over the

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same work.

Construction Management - Without restricting In any way the application of the subcontracting provision cotitalned In Article 5.01 of this Agreement, a contr~ctor or subcontractor who undertakes a contract with an owner to provide construction management. services shall be subject to said Article 5.01, and without limiting the generality of the foregoing, the Contractor shall ensure that all contracts or subcontracts in lespect to the project for which the Contractor has ag~eed to provide construction management services are only let to a contractor or

_ subcontractor bound by this Agreement, Irrespective of whether such contracts or subcontracts are entered into directly by the owner and the Contractor or Subcontractor •

5.04 .The Cohtractor shall not use company servicemen to perform bargaining u'nlt work. However servicemen shall be allowed to complete up to 75 feet of soffit and fascia and full porches, if the Installer is not available to do the work.

5.05 The Union agrees ·not to enter Into any agreement with any· contractor performing Residential Exterior Claddlng work in Board Areas 5,6,7,8,9,10,18,26,27,28, at rates or conditions more favourable to such contractor than the rates or conditions as set out in thls Agreement.

In the event that the Union does enter into a collective agreement or an amendment to a collective agreement with any contractor with rates or conditions rriore favourable than those set out in 1his Agreement, such rates or conditions shall become th~ rates or conditions under this Agreement In the geographic .area referred to In the said agreement from the date they were avallable to such contractor.

5.06 In the event that the Union enters into a collective agreement with a company that Is not an Affected Member Company as listed in Schedule "E11 of this collective agreement and therefore not represented by the RSCA, the Union agrees to send both the first page and signatory page of any such collective agreement to the RSCA.

ARTICLE 6- RATES AND METHOD OF PAY

6.01 (a) Pieceworkers rates shall be as set out in Schedules "Bn, "C" and "D". Hourly rated workers rates shall be as set out in Schedule "A".

{b) Tho rates set out in Schedules "N. ~B", "C" and "OD whloh are iooef!*>FateEl-ffite and form part of.--.tl:M.s Agreement shall be effective in Board ,'\reas a ,6,7,8,9,10,18,26,27,28. For all other area~e Province, the rates shall be

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negotiated bel\•1eeA the Union and tho Contractor as may be required from time to time:

(c) Rates of pay for all work assigned for whlch rates are not set out in this Collective Agreement, or any of the other collective agreements referred to In Article 2.03, including work performed In the mid-rise portion of ihe residential sector, shall be negotiated and agreed upon between the Contractor and the Installer prior to the performance of the work.

(d) Where this Collective Agreement provides for the negotiation of a rate of pay for the performance of work, and where no agreement Is reached, either party (the contractor or the Installer) may refer their dispute regarding the. appropriate rate of pay to the Union and the Contractor under Article 12.01 of the Collective Agreement The dispute shall be deemed a g'rlevance under this Collective Agreement The Arbitrator under Article 12.02 of the Colleqtive Agreement has the jurisdiction to impose an appropriate rate of pay for the work In question. The rate of pay det~rmined by the Contractor and the Installer, or und~r Article 12.01 and/or by the Arbitrator, under Article 12.02, for a specific product shall not be deemed to establish an Industry rate for said product

6.02 As exterior cladding products are Introduced into the market, the Parties agree to meet within 10 business days of either party requesting such meeting to discuss rates for the lnstallatlon of the same. If they are unable to reach agreement. suCh rates shall be determined by an arbitrator in accordance wi1h the terms of-the Labour Relations Act.

6.03 When work covered by this Agreement is performed, the Installer will present the Contraotor with invoices for all completed work. Such invoice shall contain:

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(i) aB detailed indication of the work performed;

(ii) the total amount to be paid, with HST listed as a separate Item;

(iii) the names and union card number of all workerS;-Iflsluding the soolal . iRsuranee number of eacA wGFkeF;

(iv) the amount to be paid to each worker; and

(v) the worker's home address If not previously supplied.

The Contractor must make payment by cash given to each worker or cheque In favour of each worker, as per current practice, but not longer than 14 days of the date of receipt of the Invoice. The Contractor shall not be obliged to release a

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cheque to ~worker until It Is supplied with that worker's Social Insurance Number. A copy of Invoice shall be returned to men.

The Parties acknowledge that Pieceworkers are not employees for the purpose of the Income Tax Act, and the Workplace Safety and Insurance Act. In keeping with this understanding, the Contractor shall issue 1he appropriate forms or statement required annually for each Pieceworker to whom payments have been made under this Agreement.

. . The Union and the Contractor agree to meet with the Contractors signatory to this Agreement to develop a standard invoice form to be completed in tripOeate and ~upplled by the Union. Once such form Is developed agreed upon by the parties, it shall be used exclusively.

The Contractor shall remit such standard reporting form together with all required deductions and contributions t9 !he Union or its designated administrator together with the Contractor Contribution Report by the fifteenth (15th) day of the month following the month in which the payments have been made. Copies of all remittance forms in respect of contributions made by all RSCA members shall be forwarded to the RSCA's designated representative(s) by the Trust Fund Adm in lstrator.

6.07 In the event a Contractor disputes any amount claimed in an Invoice submitted by a worker or crew leader, which Includes details of the extras, the Contractor shall have ten (19) working days to arrange an on site meeting of the Contractor; crew leader and Union representative to jointly measure the ·work or otherwise attempt to resolve the dispute.~FG\44&-Gotailod on site measuremeAts or oalcula1ions to justify tho stroke, failing which the Contractor shall promptly pay the full amount claimed.

6.08 It Is understood that the Union may fine any crew leader who fails to include the names of all workers in accordance with Article 6.03.

ARTICLE 7 • CONTRIBUTIONS

7.01 The Contractor agrees to remit, on behalf of the workers covered by this Agreement, six percent (6%) of its previous monthly payments for work covered by this Agreement. Such monies are exclusively for the purpose of the benefit plan available to all members of the Union and such monies shall be used to provide such benefits as the Union or Trustees appointed by the Union In its or their sole discretion determine .

7.02 The Contractor agrees to remit on behalf of the workers covered by this

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Agreement a further three and one quarter percent (325%) of Its previous monthiy payments for wo~ covered by this Agreemenl Three percent (3%) of such monies shall constitute union dues and shall be used as the Union in its sole · discretion determines, and one quarter percent (.25%) shall constitute contribution to the Union's training fund.

7.03 The Contractor agrees .to remit .on behalf of the workers covered by this Agreement a further five percent (5%) of Its previous monthly payments for work covered by this Agreement Such monies shall be used for the productivity bonus as the Union, or Trustees appointed by the Union, in their sole discretion determine.

7 .04 The Contractor agrees to remit on behalf of the workers covered by .this Agreement ten percent (10%) of Its previous monthly payment for work covered by this Agreement in respect of retirement benefits for the workers. The amount so paid by the Contractor shall be used by the Union, or Trust.ees appointed by the Union, for the purpose of creating and maintaining a retirement savings plan· for the workers on such terms and conditions as the Union or Trustees see fit.

7.05 In the event that the Contractor fails to remit contrlbutlons required to be made in accordance with the terms of this Agreement, the Union may charge Interest at the rate of 5.0% per month or part thereof from the date due for any contributions provided that the Contractor received five days -INlitten notice to correct any delinquency.

7.06 With reasonable cause, the Union may request the Contractor to submit to the Union a certified audited statement of rates paid and contributions required under

. th{s Agreement for a period of 1 year prior to the audit taking place or the effecUve date of this Agreement until the audit takes place~ whichever Is a shorter period of time. This procedure Is In addition-to any action otherwise available to the Union.

7.07 If the Contractor does not submit the certified audited statement in accordance wltl:l the preceding article the Union may appoint an independent chartered accountant to enter upon the Contractor's premises where the records are kept during regular business hours to perform an a4dit of the Contractor's records only with respect to the rates of pay and/or Contractor's contributions required to be made in accordance with the terms of this Agreement

7 .08 Where the Union appoints an auditor, the costs of such audit shall be borne by the Contractor If the Contractor is found to have failed In any material fashion to make the payments required otherwise the cost shall be borne by the Union. In the event that the audit reveals that the Contractor has failed to remit contributions In accordance with 1he provisions of this Agreement, the Contractor shall within five days after receipt of written notice from the Union submit all outstanding

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contributions plus any interest along with completed supporting contribution report forms as may be required by the Union. ·

7 .09 Where the Contractor Is persistently delinquent In remitting contributions the Union may require the Contractor to post security In the form of a letter of credlt or a cash deposit. The letter of credit or cash deposit shall be held by the Union in trust for a period to be determined by them. Jn the event that the Contractor fails to make any payment otheiwise required under this Agreement the Union shall be at liberty to draw against the letter of credit or cash deposition in any amount not to exceed $25,000.00 to satisfy amounts due.

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7 .1 O If the Contractor has not utilized the services of any worker, it shall submit a "Nil i~ Report''. Ri

7.11 The Contractor shall pay all retail saJes tax only under Article 7.01, or any other similar tax levied on any payments made under this Article 7.01 and other taxes in Article 7 which are applicable to the contractor.

ARTICLE 8· TOOLS AND EQUIPMENT

8.01 The Contractor agrees to supply the following equipment to all Workers, including production pieceworkers: erected In place scaffolding and/or Power Elevated Work Platforms ("PEWP") such as a cherry picker or boom, as may be required from ~ime to time.

. . 8.02 (a} No worker performing work under thfs Collective Agreement shall be required to

supply a PEWP; and

(b) Subject to sub-article 8.03(a), no Worker shall be charged, · or pay, a fee, a. charge or any cost for the use of equipment supplied under this article, excluding a charge for damages caused as a direct result of the Worker's negligence in the use of the PEWP; and

(c) Prior to issuing a charge under sub-clause (b), the Contractor shall advise the Crew leader and the Union of the reason for and amount of the charge. No charge shall be issued without just cause, and no charge shall exceed the cost of repairs.

In recognition of the significant cost of PEWPs. where one Is supplied to perform work under this Collective Agreement, the Crew leader agrees to use the PEWP with the care of a reasonable person performing work under this Agreement. and;

(a) The Crew leader shall acquire and maintain In force insurance covering the risk of damage to the PEWP and damage tQ third parties directly caused by the use

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(b) The Crew leader shall, before commencing work each day, accurately complete the Daily Inspection Sheet, set out as Schedule "H" to this Collective Agreement, and submit it to the Contractor and the Crew Leader shall retain a copy;

( c) If supplied by the Contractor, the Crew Leader shall ensure that a protective covering Is Installed over the control panel of the PEWP. However, the Cr~w l~ader shall not be responsible if the protective covering is removed or altered once installed.

ARTICLE 9 .. UNION REPRESENTAT!YES

9.01 Representatives of the Union shall have. access to all jobs during working hours but In no case shall visits unduly Interfere with the progress of work. When visiting a job the Union representative will advise representatives of the Contractor in advance.

9.02 k worker shall have the right to request a Union representative be present at any meeting between a worker and the Contractor or its representative which ls likely to result in loss of time or work.

ARTICLE 10 ... SAFETY . .

10.01 Every worker covered by this Agreement shall use all safety devices and equipment necessary to comply with the provisions of the Occupational Health and Safety Act.

Workers covered by this Agreement shall supply themselves with, and wear at all ti.o:es on the job, an approved safety helmet, safety shoes and safety glasses when required. All other safety devices and equipment shall be supplied by the Contractor.

Crew leaders and workers safety meeting shall be held once per month and a record of each participant shall be maintained (sign in).

· 10.02 When a worker Is Injured and has to leave the job for medical attention and transportation is required, it shall be suppfied by the Contractor when possible. If and where possible the worker will notify the foreman and the site superintendent before the injured worker leav~ the site .

10.03 The Union and the Contractor agree to establish a Labour Management Health and Safety Committee In accordance with the Occupational Health and Safety

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10.04 The Union· and Contractor agree that the Labour Management Health and Safety Committee will develop a workplace safety manual and code of practice.

10.05 Personal electronic devices will not be used while performing work.

ARTlCLE 11 -WORKING CONDITIONS

11.01 The Contractor agrees not to require the worke.r(s) to perfonn work on units where site conditions are unfit for the worker.(s} to perform his job In a safe .manner.

11.02 Garbage emanating from work performed hereunder shall. be _removed from site by installer and/or be placed in a bin provided by the .builder.

11.03 Where a contractor supplies insufficient materials for completion of a job at the tlme of material pick-up, the contractor shall ensure that sufficient materials are delivered ~o the job site within a reasonable time frame. · · ·

ARTICLE 12- GRIEVANCE PROCEDURE AND ARBITRATION

12.01 Any dispute, difference, controversy or grievance affecting or arising out of the interpretation, applicatlon or administration of this Agreement shall ·be adjusted, If posstble, by direct negotiations between the Contractor and the Union.

A grievance must be filed within thirty (30) days from the date that the ma.tter came to the attention of the Union. ·

12.02 Where a difference arising between the part!es relating to the interpretation, appllcation or administration of this Agreement, including any question as to whether the matter Is arbitrable, either of the parties may, after exhausting the grievance procedure described above1 notify the other party In writing of its desire to submit the difference to arbitration and lts nominee to the Board of Arbitration. Such written notlce shall also state clearly, the matter or matters In dispute to be dealt with by the Arbitration Board and what relief, if any, is claimed by the party requesting arbitration. The party receiving such notice shall within five days advise the other party of the name of Its nominee to the Arbitration Board.

12.03 The two nominees so selected shall within five days of the appointment of the second of them, appoint a third person who shall act as Chairman of the Arbitration Board. "If the recipient of the notice falls to appoint an arbitrator, or if the two appointees fall to agree upon a Chairman within the time limit set therein, the appolntment shall be made by the Minister of Labour for Ontario upon request of either party. ·

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· 12.04 The Arbitration Board shall hear and determine the difference, between the partie$ and shall Issue a decision in writing. Such decision shall be final and binding upon the parties and upon any worker affected. The decision of the majority of the Board shall be the decision of the Board, and if there Is no majorlty, the decision of the Chahman shall govern. The fees and expenses of the Chairman shall be borne one.-half by the Union and one-half by the Contractor; any other costs or expenses in connection with such arbitration shall be borne by the party which incurs them. ·

12.05 All time limits mentioned in the grievance and arbitration procedure may be extended by the Agreement b.etween the parties and no grievance shall be Invalidated by reason of a failure to comply with time limits mentioned or by reason of any defect of form or by any technical irregularity.

12.06 If a grievance is referred to arbitration, and the Contractor is found, without reasonable justiflcat.ion, to have failed to pay workers in accordan·ce with Article 6.03, or to liave failed to make remittances In accordance with Article 7, the Contractor shall be liable to reimburse the Union for all costs associated with the processing of such grievance including Investigation costs, legal fees on a solicitor-and.-client basis, the Union's share of the cost of a Board of Arbitration, the cost of issuing, processing and serving summonses and all payments to any actual or potential witnesses, and interest on all monies not paid. This clause shall not apply tt the violation of the collective agreement is for an insubstantial amount or the nonpayment is as a result of a bona fide book.keeping error which is corrected immediately upon discovery.

12.07 The Union shall provide copies of alJ grievances filed, and settlements of those grievances, ·which are in respect of members of the RSCA to the RSCA's designated representative( s ).

ARTICLE 13 ·MANAGEMENT CONTRACTOR RIGHTS

13.01 The Union agrees and acknowledges that the Contractor has exclusive right to manage its business. Without restricting the generality of the foregoing, It Is ·the function of the Contractor:

(a) To conduct and determine the nature of its business in all respects, Including the right to ma~a~e the jobs, locate, extend, curtail or cease operations, to determine tlie number of crews required at any or all operations, to assign work to pieceworkers, to judge the qualification of the workers and to maintain order, discipline and efficiency on the job site;

(b) To engage installers and to set safety and quality standards to be followed . by workers on the job site; to set reasonable rules to be observed by workers on the Job site;

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(c) The Contractor has the right to ask for from the installer Workers' Compensation clearance slip;>, HST numbers, etc.

13.02 It Is agreed that these functions shall not be exercised In a manner Inconsistent with this Agreement and that workers shall not be disciplined without just cause.

ARTICLE 14 - STRIKES & LOCKOUTS

14:01 During 1he lifetime of this Agreement, the Union agrees that there wlll be no strike, slowdown or picketing which will interfere with the regular schedule of work, and the Contractor agrees that it will not cause a lockout

ARTICLE 15 • SEVERABILlTY I

15.01 Should any part of this Agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted municipal, provincial or federal feglslatlon, or by a decision of the Ontario Labour Relations Board, such Invalidation of such part or provision of this Agreement shall not Invalidate the remainlng part or provisions hereof, provided, however, that upon such Invalidation the parties shall meet within thirty {30) days to attempt to mutu~lly agree to amending the parts or provisiofls affected. The remaining parts or proVlsions shall remain in full force and effect.

ARTICLE 16 ·SUCCESSORS AND ASSIGNS

16.01 This Agreement shall be binding upon the Contractor, Its Sl!ccessors and ·assigns. · If the Contractor's business is purchased, assumed and/or col)tinued by any

corporation, partnership or proprietorship, then this Agreement shall continue In full force and effect as If It had been originally signed by the successor or assignee.

. ARTICLE 17 .. PRODUCTIVITY

17.01 The Union and the Contractor recogniZe the mutual value of improving by all proper and reasonable means the productivity of the Individual worker, and both will undertake lndlvidually and jointly, to promote such Increased productivity.

17.02 The Employer-RSGA may appoint one member to any apprenticeship committee established to train workers in the exterior cladding and eavestroughing industry. The parties agree to discuss the implementation of an Apprenticeship Training Program, associated productivity standards and potential wage rates for apprentices.

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ARTICLE 18 ·CONTRACTOR INDUSTRY FUND

18.01 Each contractor bound by this agreement or a like agreement adopting In substance, but not necessarily In form the tenns and conditions as set out herein shall contribute an amount set by the members of the Association. The Contractor shall contribute the said amount under this agreement and shall remit the same along with other contributions under .Article 7 to the Administrators of the Trust Funds on or before the 15th day of 1he month for whlcr contributlons w.ere due. Such amounts, on receipt, shaR be forwarded once per month to the Association as the Contractor's contribution to the costs of negotiating and administrating this collective agreement. It is understood that the amount (Industry fund contributions) Is In addition to the rates specified In Article 7.

The Contractor agrees to pay such taxes on the industry fund contributions as may be appllcable.

ARTICLE 19· ENABblNG GbAUS€

19.01 The URIOR agrees that In orEler for the Contractor to oetaffi-wer*--afia-te eR§a~aU~ieeeworkors), the rates and langl:la§e as set ·out in this collective agreement must bo competitive with other Contractora -13Fe¥ielng similar -sePt4Ges. To this end tho UnlE*l-agreos ta meet with tAa Contractors and/or the Association of Contractors on an as needed basis· to . discuss rates and/or other issues and . to aQjllst-mooetary andlor RGfl­monetary items rates if they are not oompetmve In any area as the paFties flefeto may agree in writing.

8RTICLE 20· MISCELLANEOUS CLAUSES

20.01 All workers are to receive a copy of book-ins for each pay period.

20.02 In the case a dispute over the amount of work performed by a production pieceworker, it is agreed that the actual on-slte measurements will govern.

20.03 The Contractor may hold back up to fifteen hundred dollars ($1500) per crew. Hold back deductions shall be made In Installments of not more than 10% of the gross payment per month. Payment of the holdback shall occur slx months after the crew terminates .

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and the Union via phone, fax or email, that there are deficiencies that need to be corrected. If the worker who perfonned the work origtnally cannot attend to commence deficiency work within 36 hours, then ·the Contractor may contact another worker to correct the deficiency. ( 1l\ ·

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ARTICLE 21 - DURATION, CHANGE AND RENEWAb f' 21.01 This Agreement shall become effective on the data of signln ~st day of May, 2016

and shall continue In effect t:mtll the 36~ay of , , and-shall be renewed tri-am mally thereafter unless eitl 1er pal'ty s~all fmnish the other with notice or

-temtt~pGSOO-rei.4sle1TeHhis-Agree1ne11t 1rot more than 120 days a11d 11ot--less-tmtn-39--dayttlefefe-tl'le-Sel!l..eay-of-April,-2~r-fik~OO-iR-aR~1::iua1-

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IN WITNESS WHEREOF the Z::. hereto have caused this Agreement to be executed by their (July auth::>itL.ed representatives.

DATED AT THIS PAY OF 2017.

FOR THE CONTRACTOR: FOR THE UNION:

Signature Signature

i:GR-THG CONTRACTOR: FOR +HE UNION:

Print Name Prfnt Name

Signature Si~e

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SCHEDULE "A"

HOURLY WORKERS

(The following Schedule shall not apply to production pie~eworkers)

ARTICLE 1 .. HOURS OF WORK AND OVERTIME

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1.01 (a)The standard hours of work for all workers, other than pieceworkers, shall be based on forty-four (44) hours per week exclusive of traveling time to and from the job.

(b) All overtime work performed in excess of nine (9) hours per day. Monday to Thursday and eight (8) hours on Friday, and all Saturday work shall be paid at the rate of time and one-half the regular rate. No work shall be assigned · on Sunday, save and except hi the case of emergencies, in which case the rate payable shall be double time.

1.02 In the event of inclement weather during the regular working week. the Contractor may perfonn work. on Saturday at the regular wage rate. Workers have the right to refuse to work on Saturdays and there shall be no reprisals against workers exercising this right.

ARTICLE 2~ PAYMENT OF WAGES

2.01 Workers shall be paid weekly by cheque or cash at the option of the Contractor, no later than Thursday in any week, and the worker's pay shall be accompanied by a statement or statements which shall Indicate:

(a) The name of the Contractor and the worker (b) the pay period ( c) the total hours worked at straight time ( d} the total hours worked at overtime (e) the hourly rate and applicable premiums (f) the amount of vacation· pay and/or statutory holiday pay (g) details of all deductions (h) the amount of traveling and board allowance

2.02 In the case of lay-off, all workers shall receive two hours' notice or two ho1.:.1rs' pay in lieu thereof fn advance of the lay-off.

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2.03 Wheaever Employment Insurance Separation Certificates for hourly rated employees and pay cheques and vacation pay monies are not given to the worker at the tlme of termination, they shall be sent by the Contractor to the worker by registered mail to his last known address on file with the Contractor, within seventy-two hours of time of termination.

ARTICLE 3 - WAGES AND CLASSIFlCATION

3.01 The hourly wage rates and classifications. and other hourly worker provisfons of this .Artic!e shall only apply to hourly workers mutually designated by the Union and the affected contractor who are not performing service work.

3.02 For the duration of this Agreement. the hourly wage rates and other individual worker conditions will be in effect:

Effective Date Wage Vacation & Health & Pension Total Rate Stat Hollday Welfare Package

Pav May 1, 2016 39.22 3.95 2.15 3.87 49.19

. May 1, 2017 40.39 4.07 2.21 3.99 50.66 May 1, 2018 41.20 4.15 2.26 . 4.07 51.68

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SCHEDULE "B"

NEW CONSTRUCTION INSTALLATION PRICE LIST

SIDING

May 1, 2016 May 1, 2017

SIDING HORfZONTAL $ 72. 16 per square $ 79.:?8 per square

VERTICAL: $ 82.28 per square $ 90.51 per square

BOARD AND BATON $ 83.71 per square $ 92.08 per !!quare

SIDING - 3 STOREYS $ 76.50 per square $ 84.15 per square

SIDING FISH SCALES $ 162.19 per square $ 178.41 per square

INCLUDES SHAKES

SIDING UPPER GABLES ONLY $ 28.67 extra per end $ 29.53 extra per end ALL BRICK UNITS

ROOF SPLITS ALL BRICK $ 28.67 extra per end $ 29.53 extra per end

SIDING ON DORMERS $ 4·1.56 extra per $ 42.81 extJ:a per

Dormer domier

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May 1, 2018

$ 87 .31 per square

$ 99.56 per square

$ 101.28 per square

$ 92.56 per square

$ 196.25 per square

$ 30.12 extra per end

$ 30. 12 extra per end

$ 43.67 extra per dormer

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INSTAUATION ON ANY NON·WOOD PRODUCT SUCH AS STYROEOAM1 KB, DENSE GLAS§, ETC.

SIDING HORIZONTAL $ 75.77 per square $ 91 .29 per square $ 100.41 per square

VERTICAL $ 86.36 per square $ 104.09 per square $ 114.49 per square

BOARD & BATON $ ~7.90 per s9uare $ 105.89 per 5t1uare $ 116.47 per square

SIDING - 3 STOREYS $ 80.33 per square $ 97. 77 per square $ 106.44 per square SIDING FISH SCALES, $ 170.30 per square $ 205.17 per square $ 225.69 per square INCLUDES SHAKES

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3STOREY

STEEL FRAME HOUSES

PORCHES (VERANDAS) INCL. FINISHED TRIM

BEAMS

MITRED CORNERS

SPECIAL TRIM

WINDOW HEADERS

(INSTALL) FRIEZE BOARD (wood only) (COVER) FRIEZE BOARD (wood only) TO FORM AND INSTALL DENTIL BOARD ORNAMENTAL FRIEZE BOARD PRE-FORM FRIEZE BOARD PRE-FORM CROWN FRIEZE BOARD WITH BUILD IN J-TRIM, MITRE CORNERS AND END CAPS INCLUDED BRICK CAP

WINDOW, SPECIAL CLADDING (Other than frieze board) TO FORM AND INSTALL

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$ 1.78 per Unearfoot $ 1.84 per linear foot $ 1.87 per linear foot

$ .42 extra per linear $ .43 extra per linear $ .44 eXtra per linear

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$ 1.02 per square foot $ 1.05 per square foot $ 1.07 per square foot

$ 1. 71 per linear foot $ 1. 76 per linear foot $ 1.80 per linear foot

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$ 2.37 per comer $ 244 p~r corner $ 2.49 per corner 1;.

May 1, 2016 May 1, 2017 May 1, 2018 $ 7 .22 each per $ 7.44 each per $ 7.59 each per

· ooenino ooenino ooenlno $ . 73 per linear foot $ .75 per linear foot · · $ . 76 per linear foot

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$ 1.47 per linear foot $ 1.52 per linear foot $ 1.55 per linear foot

$ .93 per linear foot $ .96 per linear foot $ .98 per linear foot

$1.20 per llnear foot $1.21 per linear foot $1.23 per li~ear foot

$ .94 per linear foot $ .97 per linear foot $ .99 per linear foot

$1.07 perlinearfoot $ 1.1 o per linear foot $ 1.12 per linear foot

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23 PIGEON CAP and/or $ 6.54 per unit $ 6.54 per unit $ 6.54 per unit CORNER BOX (PER UNIT) WALKOUTS Rate + $ .38 per Rate + $ .40 per Rate + $ .40 per 3 STOREY HOUSES llnearfoot linear foot linear foot - SOFFIT & FASCIA Includes side walls, front or rear SIDING $ 38.97 per unit+ $ 40.14 per unit + $ 40.94 per unit +

Rate rate Rate UNIT+ RATE ONLY TOWNHOUSES $ 21 .83 per unit+ $ 22.48 per unit + $ 22.93 per unit +

Rate· rate Rate UNIT+ RATE ONLY BAY WINDOWS. $ 43.63 per section $ 44.94 per section ·$ 45.83 per section lNOTOPS) BOX WINDOW I CHIMNEY $ 34.20 $35.22 $ 35.93 WITH SIDING ON ALL BRICKHOUSE POT LIGHTS $ 7.13 per light $ 7 .34 per light $ 7.49 oer lk1ht HOURLY SERVICE RA TE $ 37.72 per hour per $ 38.86 per hour per $ 39.63 per hour per

Man Man Man Contributions of 5% for productivity bonus, 6% for Health & Welfare Benefits, 3% for Union Dues •• 25% for training and 10% for RetJrernent Savings are payments by the Contractor In addition to the rates.

MISCELLANEOUS WAGE MATTERS A) 8)

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D)

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F)

G)

Dryer vents lnstallatlon and cutting of concrete wfll not be completed by the Installers. lnstall~rs will not acquire P.O.'s unless prearranged. For clarity purposes, in Schedules ·s·, en ond ·o·, onsite measurements refers to outside measurements. · For clarity purposes, Schedule "F~ contains di~grams depleting some of the above Items. For clarfficatlon; double step frieze board will pay double wood (rate) and slngte aluminum rate. · For clarification: Corner posts formed and installed pay double (2X) tne Window Special Cladding rate plus double (2X).the wood rate. Pigeon Caps and Comer Boxes count as two units.

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EAVESmOUGHING

ITEM May 1, 2016 May 1, 2017 May 1, 2018

4" AND 5" EAVESTROUGH AND $ 0.90 per linear $ 0.95 per linear $ 1.00 per linear DOWNPIPE foot all pttches foot all pitches foot all oitches 3 STOREYS AND OVER- $ 1.20 per linear $ 1.20 per linear $ 1 .20 per linear EAVESTROUGH AND DOWNPIPE Foot foot Foot

WALK OUTS - 3 STOREY $ 1.20 per linear $ 1 .20 per linear $ 1.20 per linear HOUSES Foot foot Foot 2 SIDES, FRONT OR BACK

NO PREMIUM CHERRY PICKER OVER 2 $ 1.19 per linear $ 1.23 per linear $ 1.25 per linear STOREYS Foot foot Foot CONCRETE SILLS $ 5.00 per sill $ 5.00 oerslll $ 5.00 oer slll SPLASHGUARDS $ 6.30 $ 6.49 $6.62 FUNNEL, PIPE CONNECTION $ 4.36 per linear $ 4.49 per linear $ 4.58 per linear

foot, funnel foot, funnel foot, funnel supplied suoolied suoolled

BRACKETS $ .05 extra per linear foot

METAL FASCIA (BRACKETS $ .21. extra per $ .21 extra per $ .22 extra per EXTRA) SELF TAPING SCREWS linear foot linear foot linear foot SUPPLIED MARLEY, SLATE, CEDAR, 6• $ 1.43 per linear $ 1.47 per linear $ 1.50 per linear TROUGH foot + pltc.h foot+ pitch foot+ pitch

oremium premium premium SERYICE per man $ 35.67 per hour $ 36. 7 4 per hour $ 37.47 per hour

per man per man per man

NOTE: Eavestroughlng - Rounds to be paid at the per fo~ rate plus the rate for corners plus a $100.00 premium.

• Contrtbutions of 5% for productivity bonus, 6% for Health & Welfare Benefits, 3% for Union Dues, .25% for training and 10% for Retirement Savings are payments by the Contractor ln addltlon to the rates.

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SCHEDULE "D"

CEMENT OR OTHER COMPOSITE BOARD, PVC AND OTHER SIMILAR PRODUCT'S (SUCH AS HARDlE BOARD, SMART BOARD)

INSTALLATION RATES

TYPE Mav 1, 2016 Mav 1, 2017 Mav 1, 2018 Columns (per column) $3631 $37.4-0 $38.15 Colamns - Inserts $10.38 $10.69 $10.90 (loa.dberu:ing sunnort)

Panel (All Sizes) Pe.r sheet 38.97 40.14 40.94

Per sqoare foot 0.98 1.00 1.02

Plank (All Sizes) Per sauare foot 1.56 1.60 1.63

Trim (1x3 ~.s~,7~)

Per linear foot 1.11 1.14 1.17

Trim ( 1" x 1211)

Per linear foot 1.43 1.47 1.50

Labour Per hour 33.77 34.78 35.48

Shin~es Per square foot 3.25 3.34 3.41

Shingle Panels Per square foot 2.61 2.69 2.75

• Contributions of 5% for productivlty bonus, 6% fo.r Health & Welfare Benefits, 3% for Union Dues, .25% for training and 10% for RetirementSavln.gs are payments by the Contractor In addition to the rates.

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DIAGRAMS FOR CLARIFlCATION OF ITEMS IN SCHEDULE "B" PRICtNG 26

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31 SCHEDULE"G"

CREW LEADER PARTICIPATION AGREEMENT

WHEREAS the Union ls a party to a Collective Agreement with certaln Contractors carrying on business as exterior claddlng contractors; and

Wf-IEREAS said CollecUve Agreement requires the exterior cladding contractors to utlllze only crew leaders and pieceworkers who are members In good standing of the Union who will engage Union members to perform work covered by the Agreement, and

WHEREAS the undersigned crew leader and the Union wish to provide for the orderly settlement of any dispute that may arise concerning pieceworkers or helpers;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. The undersigned confirms that s/he Is a member of. the Union In good standing and

commits to maintaining that status as a <;:ondltlori of performinq work under the Collectiv~ Agreement;

2. The undersigned acknowledges sJhe ls bound by the Collective Agreement and tnat s/he Is required to abide by Its terms, Including its wages and other rates and union security provisions;

3. The undersigned further confirms that the grievance and arbitration provisions of the Collective Agreement apply to disputes between the crew leader and any crew member worl<Jng under the Collective Agreement, and that any allegations that a crew leader has failed to comply with the Collective Agreement or to compensate members of her/his crew In accordance with the Agreement may be referred to arbitration as provided for in the Agreement and the crew leader and the Union agree to be bound by the arbitrator's determination for all purposes, Including enforcement as provided for in the Labour Relations Act.

DATED at ________ this __ day of _____ _ I 201

COMPANY NAME;

FOR THE CREW LEADER: FOR THE UNION:

St<~NATURE StGNATURE

PRINT NAME PRINT NAME

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SCHEDULE 'H"

DAILY IHSPECl'.ION SHEET

SIGNh1!JRE;

8ITE: lOUS:

B #:

START DATE; FINISH DATE:

fi' 'D

" & OM.Y START llM.6:

Seforo climbing Into lho pf~llonn. check: 1 ires ror D100et oreswre and vmeels for loose or mlSSJOO lug ru1' 8llier cyflnder, lnlraga, and Ua rods roe loo5a or rn\$sing parts, damaga, nr.d leaks Hydraulic hoses, lift oynnder(s), and connections let leaks o< 1oose connecllons rror oxamol11 a smaH pool or IMlfaullc lltM)

Fuel SUMlv • ...i.m~1e fuol. filer""" bi olaca no dA"'-""o, loab or alll1!&

HWraulio oa l'or lee.~s and Duld level batterv for IMd level and state.of cha I'll a Prooor connectioo orr all 001c1e-<llsconne« hoses S1Juclura1 OOIT14)0Clenls fof damage, broken plll1s, CfllCIC In ~lds. fnclU<ling sdSS« arms ~atru. and iiada Lallder or ste~ for damaQS and oeon• liaQder must be firmly seanCI Ill the platform and reltl!vely tree of 11.'oase mud and dttl Beacon and wam1na lahls l'of nssmo ano defecRve 19nsas or tallll

Ground controls (lllanual and llO'flOl'OO) -Incl~ emGtgoocy slop swildl and plalfonn kl\l. .. rt.lft &'Mt.ch ·for tJnoliocl and damaaas and mlss~ CMIJ'OI sUcl<*Nltdios Occels and wemlng sfgM lo make sum the)"re CI04n, le<Jlbfa, 111d consplclJoos.

On the platfonn, c~lc PIQ!fonn asseml]jy tor !00$8 and m!sslng piuts, rnissrng orloose lod: pins and bolts Platform noor to,r stnJG11Ual damage, holes, or cracked welds ano any cJrt, ineu or al that can ctealll a hazard UDel'llllll'S manuai 1o mak& StJte l\S Ill Dla09 EXtendable platform decl\ fot easo of axtellS!onfretreaJoo and proper {um:tiOl'I or kWinn rWIUon or ota!(orm

ID males sure 111eYre In place Aocess gate ror aas. or movement. mJssmg pam, lalcll, ood l<lC!<ll1ll """"hl!IUos NI rau oro1eaion 11ncnorage ootnts

All control meclr.lolsms for broken or 1111:sslnn Dlll\ll

JU emergenqy controls for proper looClron • stopping descending, maates OFFS\\itch All sahltv devl<ie$ suell as till ood IT'Ollon lllarms for malfU!lllon SWivals for ftlledom otrolalon Sci~ fOf Smoc>111 mcvemem UP 31UI aown Brakes for sto Hom far proper /Unc&Jn 1~m 11111Sll ume, i!MISOlllllta prOlocuvo oovBnng Is rn~wwco ovarcooffol panal of the PEWP (If suwHed sunnl!ed by lhe ecntmctorl

DAILY MACHINE HOURS:

DAil. Y P*llSH TIMI!:

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33

LETTER OF UNDERSTANDING NO. 1

Attached to and forming part of the Collective Agreement

BETWEEN:

MANALCO CONTRACTING LTD.

(hereinafter referred to as the "Contractor'')

-and-

CARPENTERS AND ALLIED WORKERS, LOCAL 27, UNITED BROTHERHOOD OF CARPENTERS

AND JOINERS OF AMERICA

(hereinafter referred to as the "Union"}

WHEREAS the Parties to this Collective Agreement wish to ensure that all persons perfonning work as described herein are ~vered by the Workplace Safety and Insurance Act;

AND WHEREAS the Parties agree and acknowledge that it Is in their Interests and in the interests of the industry as a whole that all payments which are owing to the Workplace Safety and Insurance Board are made In a correct, timely and accurate fashion to ensure worker coverage and proper funding of benefits;

AND WHEREAS the Parties recogniz~ that the proper enforc~ment of these obligations ls more difficult as the number of persons responsible for remitting payments increases;

NOW THEREFORE the Parties agree as follows:

1. All Pieceworkers who engage one or more than one other worker shall obtain a Workers' Compensation number within 30 days of the execution of 1he Collective

2.

Agreement and thereafter prior to c~mmencing work. · ·

The Contractor shall, as agent for the Pieceworker rerriit all monies required to be paid in accordance with the Workplace Safety and Insurance Act, along with all other infonnation required under the Act or regulations or policies thereunder. Such remittances shall be In addition to an payments required under the Colleqtive Agreemenl If any Pieceworker makes any payment to the Workplace Safety and Insurance Board, he shall be reimbursed· by the Contractor forthwith upon

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presentation of proof of payment in respect of work performed by the

3.

4.

5.

Contractor. ·

The Contractor shall assist the Pieceworker iri the filing of applications and keeping of records for matters of administration relating to Workplace Safety and Insurance Board including but not limited to correspondence, documents, completion of forms and supplying of information to the Workplace Safety and Insurance Board. · ·

If any Pieceworker requires any form of clearance certificate for any purpose, the Contractor shall make all reasonable efforts to assist him In doing so.

The Contractor shall also be responsible, In addition to all payments under paragraph 2 hereof and all payments required under the Collective Agreement, to remit to the WorJ<Place Safety and Insurance Board as agent for the Pieceworker all penalties, fines, CAD, or other extraordinary payment, provided however that if a worker is injured and a Pieceworker Is convicted of an offence under the Occupational Health and Safety Act, the Contractor shall be respo'nslble only for 66 213 % of such extraordinary payment

6. The Contractor may refuse to engage or continue to engage a Pieceworker and may dismiss a Pieceworker who is consistently responsible· for unsafe working c:ondftions. .

DATEDAT _________ thls ___ dayof --------' 2017.

FOR THE CONTRACTOR: FOR THE UNION:

SIGNATURE SIGNATURE

PRINT NAME NAME

SIGNATURE SIGNATURE

PRJNTNAME NAME

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35

LETIER OF UNDERSTANDING NO. 2 Attached to and forming part of the CoUectlve Agreement

BETWEEN: MAN ALCO CONTRACTING L TO.

(hereinafter referred to as the "Contractor'')

~and·

CARPENTERS AND ALLIED WORKERS, LOCAL 27 UNITED BROTHERHOOD OF CARPENTERS AND JOLNERS OF AMERICA

(hereinafter referred to as the "Union")

WHEREAS the Parties wish to ensure tjme(y and accurate payment of Harmonized Sales Tax (HST) to avoid disputes about who is liable to collect and remit such taxes and to ensure uniform practices In the lndustty.

1 .

NOW THEREFORE the Parties agree as foUows:

Alf Installers/pieceworkers/worker who has gross annual earnings equal to or more Ulan $30,000 shall obtain a H.S.T. Account number within 30 days of the execution of the Collectlve Agreement and thereafter prior to commencing work.

2. The installers/pieceworkers/worker shall Invoice the Contractor of H.S.T. The Contractor shall, as agent for the Pieceworker or Crew Leader, remit all monies required to be paid under Part IX of the Excise Tax AcL

3. .The Contractor shall prepare, and If necessary prepare on behalf of the lnstaller/pleceworkets/worker, all records, applications, correspondence, forms and other documents In respect of the payment of such tax.

4. · If the instafler/pieceworker/worker wishes to file returns and pay H.S.T. directly he{she may collect the monies Invoiced for H.S.T. from the Contractor, provided that the Contractor may require satisfactory proof from the Installer/pieceworker/worker that the tax. has been or wm be remitted properly.

DATED AT _________ this ____ dayof ________ __,2017.

FOR THE CONTRACTOR: FOR THE UNION:

SIGNATURE SIGNATURE

PRINT NAME PRINT NAME

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36

LETTER OF UNDERSTANDING NO. 3

Attached to and forming part of the Collective Agreement

BETWEEN:

MANALCO CONTRACTING LTD.

(hereinafter referred to as the "Contractor'')

-and-

CARPENTERS AND ALLIED WORKERS, LOCAL 27, UNITED BROTHERHOOD OF CARPENTERS

AND JOINERS OF AMERICA .

(hereinafter referred to as the "Union")

RE: DEFICIENT WORK

RE: TROUGHER'S BENEFITS REMIITANCES

1. In accordance with current practice, if a crew leader o r .pieceworker performs deficient work, the contractor may require him to rectify the work within forty-eight ( 48) hours.

2. The Contractor shall be responsible for forwarding all necessary remittances, including Health & Welfare, RRSP, Working Dues and ProductMty Bonus, for eavestrough companies conducting business with less than four (4) trucks.

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37

LETTER OF UNDERSTANDING NO. 4

Attached to and forming part of the Collective Agreement BE1WEEN:

MANALCO CONTRACTING LTD.

{hereinafter referred to as the "Contractor")

-and·

CARPENTERS AND ALLIED WORKERS, LOCAL 27t UNITED BROTHERHOOD OF CARPENTERS

AND JOINERS OF AMERJCA

(herelna:fter referred to as the "Unton")

RE: REVlEW OF INDUSTRY PRACTICE INVOLVING TROUGHERS

RE: COPIES OF "BOOK~IN" INVOICES

WHEREAS the Union and the· Contractor have entered into a Collective Agreemen~ which Is effective from May 1, 201e through April 30, 2019;

AND WHEREAS this Letter of Understanding forms part of the aforementioned Collective Agreement;

NOW THEREFORE the Parties agree as follows: ·

1. The Union and Contractor agree that the Contractor shaTI review the Industry practice as It applies to troughers who own their own vehicle and/or machinery used in their employment and report the results of thls review to the Union within six (6) months of the execution of this Agreement.

2. The Union and Contractor agree that the Contractor shall provide to the Union, via Its memben;, a copy of each members' "book-In" Invoice fonn, In order for the Parties to ~eve!op an industry standard Invoice as agreed to In Article 6.05 of this Collective Agreement.

DATEDAT _ _ _ _ _____ _ this ___ dayof ____ ____ _,2017 .

FOR THE CONTRACTOR FOR THE UNION

SIGNATURE SIGNATURE

PRINT NAME PRINT NAME

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BETWEEN:

LETTER OF UNO ERST ANDING NO. 5

Attached to and forming part of the Collective Agreement

MAN ALCO CONTRACTJNG LTD.

(hereinafter referred to as the "Contractor")

-and-

CARPENTERS AND ALLIED WORKERS, LOCAL 27, UNITED BROTHERHOOD OF CARPENTERS

AND JOINERS OF AMERJCA

(hereinafter referred to as the "Union'')

RE: LIST OF SIGNATORIES RE: BENEFIT PLAN INFORMATION RE: COPIES OF BENE.FIT REMITTANCE FORMS

WHEREAS the Union and the Contractor have entered Into a Collective Agreemsnt, which is effective from May 1, 2016 through Apnl 30, 2019;

AND WHEREAS this Letter of Understanding forms part of the aforementioned CoflectJve Agreement;

NOW THEREFORE the Parties agree as follows:

1. The Contractor and the Union agree that lhe Union shall provide a list of all companies currently signatory to this Collective Agreement and shall promptly provide updated Information when new companies are signed to same.

2. The Contractor and the Union agree that the Union shaU provide benefrt plan information to the Contractor and promptly Inform the Contractor of any changes, additions or amendments to the benefrts plan .

3. The Contractor and the Union agree that the Union shaO, as per Article 6.06, provide copies of the benefit remittance forms to the Contractor. ·

DATED AT _________ this ___ day of ________ _, 2017.

FOR THE CONTRACTOR FOR THE UNION

SlGNATURE SIGNATURE

PRJNTNAME PRINT NAME

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BETWEEN:

LETTER OF UNDERSTANDING NO. 6

Attached to and forming part of the Colfective Agreement

MANALCO CONTRACTlNG LTD.

(herefnafter referred to as the "Contractor")

-and-

CARPENTERS AND ALLIED WORKERS, LOCAL 27, UNITED BROTHERHOOD OF CARPENTERS .

AND JOINERS OF AMERICA

(hereinafter referred to as the 'lUnionn}

RE: POLE SCAFFOLDING

WHEREAS the Union and the Contractor have entered Into a Collective Agreement, which is effective from May 1, 20161hrough April 30, 2019;

AND WHEREAS this Letter of Understanding forms part of the aforementioned Collective Agreement;

NOW THEREFORE the Parties agree as follows:

1. The Contractor and the Union agree that the reference In Article 8.01 of the Collective Agreement to 'erected In place scaffolding' does not refer to or Include pole scaffolding up to 30 feet in height

DATED AT _________ ·this day of--------' 2017.

FOR THE CONTRACTOR FOR THE UNION

SIGNATURE SIGNATURE

PRINT NAME PRINT NAME

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BETWEEN:

MANALCO CONTRACTING L TO. {he.relnafter referred to as the "Contractor")

CARPENTERS AND ALLIED WORKERS, LOCAL 27, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

(herelnafter referred to as the "Union")

RE: EA VESTROUGHING

WHEREAS the Union and lha Contractor have entered Into a Collective Agreement, which contains terms regarding the contracfing and/or subcontracting of work covered by the Collective Agreement, Including but not fimited to eavestroughlng work;

ANO WHEREAS the Contractor has a past practice of not employing employees to perform work covered by Schedule "C" to the Collectlve Agreement, but rather to contract and/or subcontract such work to contractors and/or sub-contractors;

AND WHEREAS the parties wish to enable the Contractor to continue its past practice of contracting or sub-<X>ntractJng work covered by Schedule •c•, subject to the requirement that the work be contracted or sub-contracted solely to contractors or subcontractors who are members In good standing of the Union, party to a Schedule "GD Crew Leader Partlolpalion Agreement and who employ members of the Union to perfonn the work;

NOW THEREFORE the Parttes agree as follows:

1. The Contractor and the. Union agree that the Contractor may continue to contract and/or sub­contract work covered by Schedule "C" provided that such work Is contracted or sub-contracted solely to contractors or subcontractors who are members In good standing of the Union and party to a Schedule "G" Crew Leader Participation Agreement;

2. So long as the Contractor Is not In vlolatlon of paragraph 1, the Union confirms that for the term of this Letter of Understanding the Union shall not seek to enforce paragraph 2 of Letter of Understanding No. 3, and said paragraph 2 shall have no force or effect;

3. This Letter of Understanding expires on April 29, 2019.

DATED AT ___________ this ___ day of---- -----' 2017.

FOR THE CONTRACTOR . FOR THE UNION

SIGNATURE SIGNATURE

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LETTER OF UNDERSTANDING NO. 8 Attached to and fonnlng part of the Collectlve Agreement

BETWEEN:·

MANALCO CONTRACTING LTD. (hereinafter referred to as the "Contractor")

CARPENTERS AND ALLIED WORKERS, LOCAL 2.7, UNtTED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA

(hereinafter referred to as the "Union")

RE: ARTICLE 4.04

WHEREAS the Union and the Contractor have entered Into a CoHective Agreement, which is effective from May 1, 2016 through April 30, 2019;

AND WHEREAS this LeUer of Understanding forms part of the aforementioned Collectlve Agreement;

NOW THEREFORE the Partles·agree as follows:

1. The Union confirms that It shall execute a Schedule "G" Crew Leader Participation Agreement with the Crew leaders regularly engaged by the Contractor at the time of entering into this Collectiv"e Agreement provided that all of the following preconditions are met:

a. The Crew leader is a bona fide crew leader who has worked for the Contractor regularly in the past as a Craw Leader;

b. The Crew Leader Is not in arrears In any payments assessed or owing to the Union or memQers of the Union In the nature of dues, penalties, damages, wages, vacation pay or any remittances out.standing arising under a collective agrooment with the Union;

c. The Crew Leader qualiftes for membership in the Union; and

d . . The Crew Leader voluntan1y executes a . Schedule "G" Crew Leader Partlcipatlon Agreement on or before November 31, 2018 and prior to perfonnfng any work In OLRB Geographic Area No. 26 covered by this Collective Agreemenl

2. The onus lies with the Crew Leader to prove that s/he meets subparagraphs a, c and d of the preconditions set out in paragraph 1.

DATEDAT _________ thls ___ dayof ______ __ _, 2017. ·

FOR THE CONTRACTOR FOR THE UNION

SIGNATURc SIGNATURE

PRINT NAME PRINT NAME

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