THIS AGREEMENT ENTERED INTO AS OF MAY l, 2016 UP TO AND ... Fabricatio… · 7.01 Employees with less than twelve (12) months employment with the Company shall receive a vacation

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THIS AGREEMENT ENTERED INTO AS OF MAY l, 2016

UP TO AND INCLUDING April 30, 2019

BETWEEN:

ZALEV BROTHERS COMPANY

100 GRAND MARAIS ROAD EAST

WINDSOR, ONTARIO

Hereinafter called the "Company"

OF THE FIRST PART,

AND:

THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

Hereinafter referred to as the "Union"

OF THE SECOND PART

WITNESSETH that is hereby agreed between the parties as follows:

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Conte11ts

ARTICLE 1- PURPOSE .................... .............................................................................. ....... .......................... . 4

ARTICLE 2 - RECOGNITION .. .. ........................................................................................................................ 4

ARTICLE 3 - MANAGEMENT RIGHTS ............................................................. ........................................... ..... 4

ARTICLE 4 - HOURS OF WORK .... .............................................. ..................................................................... 5

ARTICLE 5 - SHIFT WORK AND SHIFT PREMIUM ................. .................................................................. ....... . 6

ARTICLE 6 - PAID HOLIDAYS ........................................................................ .. ................................................ 7

ARTICLE 7 -VACATIONS ...................... ......................................... .... ................. .. ................................. .. .... ... 8

ARTICLE 8-SENIORITY ........... .......................................... .... ....... ............... ... ......................................... .. ..... 9

ARTICLE 9 - NEGOTIATING AND GRIEVANCE COMMITTEES ....................................................................... 10

ARTICLE 10 - GREVIENCE PROCEDURE ................................... .. .......................................................... ..... ... 10

ARTICLE 11- GRIEVANCE PROCEDURE MANAGEMENT ............................................. ................................ 12

ARTICLE 12 - SICKNESS AND ACCIDENT ....................... ............... ............................... ...... ..... .. ............... ..... 12

ARTICLE 13 - HEALTH AND WELFARE ....... ........... .. ..................................................................................... 13

ARTICLE 14 - LEAVE OF ABSENCE ....................... .. ..... ..... .... ...... .......... ................. .. ............... ... .... ..... ........... 13

ARTICLE 15 - EQUIPMENT CHEK OUT TIME ....... .. ................................................................. .. .................... 14

ARTICLE 16 - SAFETY ....................... .............. ........ ... ....................... ........... .................................. .... ........ ... . 14

ARTICLE 17 - SAFETY SHOES, GLOVES AND COVERALLS ........ ........................... .... ....... ............................... 14

ARTICLE 18 -TOOL INSURANCE ................................................ ................ .. ...... .. .................. ...................... 15

ARTICLE 20 - UNION SECURITY ................................................................................. ..... .............. ....... ... ... .. 15

ARTICLE 21- DISCRIMINATION ............................. .................. .... .................... ..... .................. ......... ........ .... 16

ARTICLE 22 - STRIKES AND LOCKOUTS ....................................................................................................... 16

ARTICLE 23 - UNION ACTIVITIES ..................................... .. .. ....................... ......... ........................................ 16

ARTICLE 24 -CLASSIFICATIONS AND RATES OF PAY ...................................................... ......... .................... 17

ARTICLE 25 - MISCELLANEOUS ...... ......................... .. ...... .... ... .......... ... ...... ........................... ....... ..... .... ...... . 17

ARTICLE 26 - NOT LESSER CLAUSE .......................................... ............................................ ........ ................ 17

ARTICLE 27 - PENSION PLAN ...................... ........................................ ........... ...... ............ .. .... ................ ...... 18

ARTICLE 28 - DURATION ........................ ...................................... ................. .. ...................................... .. .. ... 18

ARTICLE 29 -ADVANCEMENT DUES ........... ..... ... ......... ........... .. ............ ......... ... .. ..... .... ..... ..... ..... ... ........ ..... 18

PROBATIONARY EMPLOYEES .................................. ...... ............................... .. .. ........ ... .. ....................... ........ 20

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APPRENTICE CRANE OPERATORS .................................................. .. .. ... .................... ............. ..... ................. 20

COST OF LIVING ALLOWANCE ............................ ...... ...... .. .. ..................... ............................................ ...... .. 20

SCHEDULE "A" ................................................... ...................... ............... .. .. ... ... .. ..... ....................... ........ ..... 21

SCHEDULE "B" ................................................ .. .. .......... .. ... .......................................................................... 22

SCHEDULE "C" ...... ...... .. .... ...... ... .... ..... .. ..... ......... ............... .. .. ................................... .. ............. .. .................. 25

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ARTICLE 1- PURPOSE

1.01 The object of this agreement is to promote peace and harmony between the Company, its

employees and the union; to facilitate the peaceful adjustment of all disputes and grievances, to

prevent strikes, lock-outs and any unnecessary expense or delay or interruptions in the

operation of the Company and promote harmonious working conditions for men employed by

the Company.

ARTICLE 2 - RECOGNITION

2.01 The Company recognizes the Union as the sole bargaining agent for the crane operators,

bulldozer operators, apprentice crane operators and those primarily engaged in the repair and

maintenance of cranes save and except those designated as supervisory personnel, i.e. foremen,

persons above the rank of foremen, supervisors, management trainees, office staff, watchmen,

purchasing agents and persons regularly employed for not more than twenty four hours per

week. Persons who are not subject to the provisions of this agreement shall not perform any

work normally performed by members of the bargaining unit except in emergencies, for the

training and instructing of employees to cover operations when no members of the bargaining

unit are available to perform the work.

2.02 The words "employee" or "employees" when used in this agreement shall mean respectively an

employee or employees of the Company for whom the Union has been herein recognized as the

bargaining unit.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01 The Union recognizes and acknowledges that it is the function exclusively of the Company to

maintain order, discipline and efficiency and to manage and direct the affairs of its business

including the right to hire, promote, discipline, demote or transfer, or relieve employees from

duty because of lack of work and for other legitimate business reasons and suspend employees,

subject to the provisions of this agreement and also the right of the Company to discipline or

discharge any employee for cause; provided that a claim by an employee, other than a

probationary employee, that he has been discharged or disciplined without just cause may be

the subject of a grievance and dealt with as hereinafter provided. The Union further recognizes

the right of the Company to operate and manage its business in all respects in accordance with

its commitments and responsibilities. The location of plants, products to be fabricated,

schedules of production, methods, processes and means of fabrication and transportation are

solely and exclusively the responsibility of the Company.

3.02 The Company shall have the right to make and alter, from time to time, rules and regulations to

be observed by the employees, provided that such are not inconsistent with the provisions of

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this agreement. Annexed hereto as Schedule "B" to this agreement are rules and regulations of

the Company, which rules and regulations shall form an integral part of this agreement.

3.03 Nothing contained in Schedule "B" shall deprive an employee or the Union from processing of

any grievance if the employee feels he has been unjustly dealt with in any manner.

ARTICLE 4 - HOURS OF WORK

4.01 The standard work week shall be 42.5 hours, Monday through Friday, composed of five (5) -

eight and one half (8.5) hour shifts. All work performed in excess of eight and one half (8.5)

hours per day shall be at the rate of time and one-half the straight time rate.

4.02 Time and one-half shall be paid for all work performed on Saturdays.

4.03 Double time shall be paid for all work performed on Sundays.

4.04 The Union recognized and agrees that, as a condition of employment, an employee can be

required by the Company to work overtime at any time, and the Union will not in any way

discourage from or counsel employees working such overtime assignment(s).

4.05 All overtime hours shall be on a rotation basis and any employee refusing overtime when

requested will automatically revert to the bottom of the overtime list. In the event that

overtime work is declined the Company will apply the system of going down the overtime list on

a permissive basis and back up on a compulsory basis so that no employee shall be entitled to

refuse to work overtime twice in relation to the same assignment. The Company will post

overtime and double time schedules monthly.

4.06 Notwithstanding 4.08, in the case of employees who are requested to and do report for work,

the minimum hours payable shall be four (4) hours at the applicable rate and the employee shall

remain at the work of his craft if requested by the foreman. In the event an employee is

recalled after completion of his regular scheduled shift, the applicable rate shall be deemed to

be based on the overtime rates.

4.07 Notwithstanding anything herein contained, work of an emergency nature in the loading and

unloading of boats shall be performed at the straight time rate notwithstanding the hours or

days when such work is performed; provided that the hours so worked shall be computed in

determining the number of hours in the employee's work week so that any employee who

works in excess of the standard work week shall be paid at the overtime rate for such excess.

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4.08 Number of hours of work is stated solely for the purpose of calculating overtime and shall not be

construed as a guarantee of any minimum nor a restriction on any maximum number of hours

to be worked.

4.09 When overtime is requested for a period of more than three (3) hours a hot meal valued at nine

dollars ($9.00) will be provided by the Company.

4.10 The Company agrees to allow each of the employees one-half hour (Yz) lunch period per shift

without pay.

4.11 Coffee breaks. are to be ten (10) minutes duration during each half of each shift.

ARTICLE 5 - SHIFT WORK AND SHIFT PREMIUM

5.01 An employee who begins work between the hours of 6:00 a.m. and 10:00 a.m. shall be deemed

to be on the first shift.

5.02 An employee who begins work between 10:01 a.m. and 5:00 p.m. shall be deemed to be on the

second shift.

5.03 An employee who begins work after 5:01 p.m. of one day up to 5:59 a.m. of the next day

following shall be deemed to be on the third shift.

5.04 The Company shall have the exclusive right to designate all shifts and to assign and transfer

employees thereto. Such shifts shall be of no longer than two (2) weeks duration unless

otherwise agreed upon by the employees involved.

5.05 Personnel performing work on their scheduled shift who are required to perform work on

another scheduled shift of that day will receive the applicable overtime rate for all hours worked

in excess of the normal shift premium for all hours worked on that shift.

5.06 The work day shall be divided into three (3) shifts. Employees on the second shift shall be paid a

premium of fifteen cents ($.15) per hour over and above their regular rate of pay for all hours

worked and employees on the third shift shall be paid a premium of twenty cents ($.20) per

hour over and above their regular rate of pay for all hours worked.

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ARTICLE 6 - PAID HOLIDAYS

6.01 Employees shall be paid at the regular rate for eight and one half (8.5) hours for each of the

following holidays:

New Year's Day Good Friday Victoria Day Dominion Day Labour Day Employee's Birthday Two Floating Holidays

Thanksgiving Day Day before Christmas Day Christmas Day Boxing Day Day before New Year's Day

6.02 The Holiday Pay provided for in 6.01 above shall be payable in respect of any employee not on

suspension who has seniority (i.e. a non-probationary employee) at the time of occurrence or

observance of such holiday. Such employee shall be entitled to such holiday pay if:

a) With respect to the holidays for New Year's Day, day before New Year's Day,

Christmas Day, day before Christmas Day, Boxing Day and the floating holiday(s)

if taken at Christmas week, the employee who has worked anytime in the

month of December immediately prior to the subject holiday (for the month of

December in which the subject holidays falls); provided that employee shall

have also worked the last scheduled work day before and the next scheduled

work day after said holidays unless unable to report for work after the said

holiday because of extenuating circumstances being reasonably acceptable to

the Company.

b) With respect to all other paid and floating holidays, the employee shall have

worked the last scheduled day before the said holiday and the next scheduled

day after the paid holiday unless unable to report to work after the said holiday

because of extenuating circumstances reasonably acceptable to the Company.

6.03 An employee who qualifies for such paid holiday shall work if directed to do so, and shall be paid

at the rate of double time for all hours worked in addition to the holiday pay.

6.04 In the event that any of the aforementioned holidays fall on a Saturday or Sunday, the Company

will either observe the holiday on the preceding Friday or the succeeding Monday, excepting the

holidays utilized to effect a Christmas shutdown.

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ARTICLE 7-VACATIONS

7.01 Employees with less than twelve (12) months employment with the Company shall receive a

vacation and be paid in accordance with the provisions of the Employment Standards Act of the

Province of Ontario.

7.02 Employees, who, as of July 1st in each year, have completed one (1) year but less than five (5)

years' employment with the Company shall receive two (2) weeks' vacation with pay calculated

at four percent (4%) of the total pay of the employee in the year of which the vacation is given.

7.03 Employees who as of the date of July 1st in each year, have or will have completed five (5) years

or more continuous employment with the Company, but less than twelve (12) years shall receive

three (3) weeks' vacation with pay calculated at six percent (6%) of the total pay of the

employee in the year for which the vacation is given.

7.04 Employees who as of the date of July 1st in each year, have or will have completed twelve (12)

years or more continuous employment with the Company but less than eighteen (18)years shall

receive four (4) weeks' vacation with pay calculated at eight percent (8%) of the total pay of the

employee in the year for which the vacation is given.

7.05 Employees who as of the date of July 1st in each year, have or will have completed eighteen (18)

years or more continuous employment with the Company shall receive five weeks' vacation with

pay calculated at ten percent (10%) of the total pay of the employee in the year for which the

vacation is given.

7.06 Vacations shall be taken at such time as the Company may determine prior to December 21st in

each year, unless otherwise arranged between the Company and the Union. So far as possible

and commensurate with the Company's obligation and efficiency of the Company's operation,

the Company will attempt to grant vacations in continuous periods of one week, two weeks,

three weeks, four weeks, five weeks, as the case may be. A vacation schedule will be posted

January 2"d of each year and remain posted until January 31st for all employees to indicate their

preference for vacation times. The Company will meet with the Union during the first two

weeks of February of each year to discuss the vacation schedule. The Company shall, by March

1st of each year, post a schedule setting out vacation periods for employees. Statutory holidays

occurring during the employee's vacation period shall be taking immediately following such

vacation period.

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ARTICLE 8 - SENIORITY

8.01 Seniority is the principle of granting preference to employees providing such employees meet

the qualifications for promotions, demotions, layoffs, vacations, rehiring after layoffs, and for

the purposes of overtime.

8.02 For the purpose of layoff, the steward with the most seniority shall be established on the

seniority list as the person having the second greatest seniority in the bargaining unit. Should

the Company find that a steward's activities interfere with the normal course of his duties or the

duties of other employees, the Company may contact a representative of the Local Union

and/or register a grievance commencing with Step 2 of the Grievance Procedure as outlined in

Article 10.

8.03 The purpose of seniority regulations is to provide a policy governing layoffs, recalls with granting

preferences to employees on layoff and rehiring after layoff. In the event of reduction in the

workforce of the Company, the Company shall apply the principle of 'last one on-first one off

insofar it is consistent with the Company's obligations, efficiency and needs. In the event of an

equipment failure, a journeyman will not be replaced by an apprentice, however, the apprentice

may finish the shift in which the equipment failure occurred.

8.04 Seniority shall apply to maintenance workers after ninety {90) working days continuous service

with the Company and to crane operators after ninety {90) working days continuous service with

the Company and shall be computed from the first day of his employment.

8.05 In the case of demotions, layoffs and rehiring after layoffs, seniority shall prevail, provided that

the more senior employee is able, in the sole opinion of the Company, to perform the normal

functions of the job to be performed within the classification.

8.06 The Company agrees to exercise care when deciding questions of employee qualifications to

ensure that its decisions are neither arbitrary nor unfair.

8.07 A seniority list wilt be kept by the Company for each classification found on Schedule 'A' hereto.

8.08 A copy of the seniority list shall be posted by the Company and the Company will forward a copy

to the executive of the local Union within thirty (30) days after the signing of this agreement and

every twelve {12) months thereafter.

8.09 An employee loses seniority if he:

a) Is discharged for just cause;

b) Voluntarily quits;

c) Has been laid off for a period equal to his length of service with the Company;

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d) If, when called back to work by a telegram, a telephone call or by a personal

message delivered to him or an adult at his last recorded address fails to report

for work within three (3) days of being so notified;

e) Is absent for three (3) days or more from work for any reason without written

leave of absence, except in cases of provable sickness or accident;

f) ls absent due to sickness or accident for a period in excess of eighteen (18)

months or a period equal to his length of service with the Company, whichever

is lesser.

8.10 Employees who leave the Company to serve in the Armed Forces of Canada shall retain their

seniority and on return be placed on their old job or equivalent job at the then prevailing wage

rate.

ARTICLE 9 - NEGOTIATING AND GRIEVANCE COMMITTEES

9.01 The Union shall elect and appoint a steward and supply the Company with his name. The

Company shall then recognize the person so designated by the Union as a steward. Each

steward shall be an employee of the Company, and have two years seniority with the Company.

9.02 The employee of the Company who has been selected by the Union as steward shall have the

right to investigate any grievance filed by any member of his Union.

9.03 The steward shall be paid for time spent in investigating a grievance during working hours, but

he will first inform his foreman, make known his destination, punch his time card out, and when

the steward has completed his investigation he will punch his time card in, take it to his foreman

for signature and resume his duties. If any steward fails to inform his foreman of either leaving

or return from an investigation or fails to punch his time card in and/or out or fails to get his

foreman's signature on his time card he will be subject to disciplinary action by the Company.

9.04 The negotiating committee and the grievance committee will be reimbursed for all meetings,

held on Company property, with the Company, up to a maximum of eight and one-half (8.5)

hours per day.

ARTICLE 10-GREVIENCE PROCEDURE

10.01 Should any dispute arise between the Company and the Union as to the meaning and

application of the provisions of this agreement, or as to wages, hours of work, or other

conditions of employment as set forth herein, an earnest effort shall be made by both parties

hereto to settle immediately and without delay, such dispute on the following basis:

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10.02 The employee or employees concerned shall, within three (3) working days of the incident

complained of, either alone or accompanied by the steward, take the matter directly to the Yard

Superintendent and file a grievance in writing and setting out the particulars of the grievance.

10.03 If a settlement is not reached with the Yard Superintendent within five (5) working days, the

matter shall be discussed between the committee, accompanied, if so desired, by a

representative of the International Union and the management of the Company.

10.04 In the event of failure to reach a settlement, the matter shall be referred to arbitration, in the

manner as herein provided, within ten (10) working days after the matter has been referred to

management of the Company as herein before provided.

10.05 All grievances shall be in writing signed by the employee who files the grievance and all answers

by the Company shall be given in writing; provided that no grievance shall be considered where

the circumstances giving rise or incurred or originated more than five (5) full working days

before the filing of the grievance.

10.06 So as not to restrict the generality of the foregoing, the Company shall not discharge any

member of the Union without just cause. Any employee who is penalized by suspension or

discharge and feels he has been unjustly treated, must file a grievance within five (5) working

days from the day of such suspension or discharge.

10.07 All grievances settled by the Company and the grievance committee shall be final and binding

upon the Company, the committee, the Union and the employee or employees concerned. In

the event of failure to reach a settlement, the matter shall be referred to arbitration.

10.08 Where a difference arises between the parties relating to the interpretation, application or

administration of this agreement, including any question as to whether a matter is arbitrable, or

where an allegation is made that this agreement has been violated, either of the parties may,

after exhausting any grievance procedure established by this agreement, notify the other party

in writing of its desire to submit the difference of allegation to arbitration and the notice shall

contain the name of the first party's appointee to the arbitration board. The two appointees, so

selected shall, within ten (10) working days of the appointment of the second appoint a third

person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or

if the two appointees fail to agree on a chairman, within the time limited, the appointment shall

be made by the Minister of Labour of Ontario upon the request of either party. The

Administration Board shall hear and determine the difference of allegation and shall issue a

decision and the decision shall be final and binding upon the parties and upon any employee

affected by it. The decision of the majority shall be the decision of the Arbitration Board but if

there is no majority the decision of the chairman will govern.

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10.09 The jurisdiction of the Arbitration Board shall be limited to a decision on the dispute or question

set forth in the grievance.

10.10 In arriving at a decision the Board will not change or disregard any provision of this agreement

nor establish or change any wage or rate of pay. The Arbitration Board, however, shall have

power to vary or set aside any penalty imposed by the Company relating to the grievance then

before it.

10.11 Each party shall pay the fees and expenses of its own appointee to the Board and the expenses

of the chairman shall be divided equally between the Company and the Union and shall be paid

by them.

ARTICLE 11-GRIEVANCE PROCEDURE MANAGEMENT

11.01 A grievance by the Company that the Union or any office agent, representative or member

thereof has violated or misinterpreted this agreement, may be lodged by the Company with any

staff representative of the Union, provided that it shall be optional to the Union to decline or

consider any grievance, the alleged circumstances of which originated or occurred more than

five (5) working days prior to its presentation. The grievance shall be considered by the Union

and the Union shall within five (5) working days give its reply in writing.

11.02 If the decision of the Union is not satisfactory to the Company, the Company may, by serving

written notice to the staff representative of the Union, within five (5) working days of the

Union's decision, appeal there from to any impartial umpire selected by the Company and the

Union.

11.03 If the Company and the Union cannot agree within five (5) working days on an umpire, the

Minister of Labour of the Province of Ontario, or anyone authorized by him in that behalf, shall

select one and the decision of the Umpire shall be final and binding upon the parties. The cost

of arbitration shall be borne in equal shares by the parties.

ARTICLE 12 - SICKNESS AND ACCIDENT

12.01 Subject to Article 8, in the event that an employee is unable to work due to sickness or accident,

he shall be reinstated at such time as he is able to resume his normal duties, provided he

establishes to the satisfaction of the Company by way of medical certificate that he was in fact

sick or disabled to such an extent as to render him unable to perform his normal duties. The

Company shall have the right to request an employee to be examined by a doctor of the

Company's selection and at the Company's expense.

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12.02 The Company may require an employee to take a medical examination. In such event, the

Company will pay the employee two (2) hours wages at his prevailing hourly straight time. The

appointment for the physical shall be made for an evening or after normal working hours

whenever possible. The Company will pay the cost of the medical examination.

12.03 The employee will telephone the Company once a week during his term of illness and notify the

personnel manager or payroll clerk twenty four (24) hours in advance of his intended return to

work.

ARTICLE 13 - HEALTH AND WELFARE

13.01 The Company shall contribute (commencing at the end of the probationary period), effective

May 1, 2016, four dollars and eighty-seven cents ($4.87) per hour for each hour worked by each

employee covered by this Agreement to the 1.U.O.E. Local 793 Member Life and Health Benefit

Trust of Ontario.

Effective May 1, 2017, that amount will increase to four dollars and ninety two cents ($4.92) per

hour for each hour worked by each employee covered by this Agreement.

Effective May 1, 2018, that amount will increase to four dollars and ninety seven cents ($4.97)

per hour for each hour worked by each employee covered by this Agreement.

The amount of the Company's contribution rate shall be adjusted from time to time to such rate

as determined by the Trustee of the Benefit Plan to be the standard rate of contribution as set

out in the Operating Engineers Bargaining Agency Provincial Collective Agreement.

ARTICLE 14 - LEAVE OF ABSENCE

14.01 An employee may request from the Company in writing leave of absence without pay. The

request shall be delivered to the payroll office by the employee and he shall request and obtain

a dated receipt of the request. The request shall receive the consideration of management who

will give a written answer within four (4) working days from the receipt of the request and send

a copy to the local Union. If the written answer is not received by the employee within four (4)

working days, the request shall be deemed granted.

14.02 All granted leaves of absence shall be in writing in triplicate and be signed by the Company and

the employee. One copy shall be retained by the Company, one copy shall be given to the

employee, and one copy shall be forwarded to the recording secretary of the local Union.

14.03 Leaves of absence shall be without pay and the time elapsed during such leave of absence shall

not be counted either in computing the employee's seniority or in computing vacation pay.

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14.04 All reasons for denial will be given in writing.

ARTICLE 15 - EQUIPMENT CHEK OUT TIME

15.01 Operators are to be given sufficient time to check their equipment when being transferred to a

different machine, five (5) minutes shall be deemed to be sufficient time. Any request for

additional check out time on equipment will not be unreasonably denied.

ARTICLE 16 - SAFETY

16.01 The Union shall cause all employees, covered by this agreement, to use al/ the safety equipment

required to be used by the Company. The Union specifically agrees that any employee found

wilfully disregarding safety precautions, rules or regulations or engaging in conduct so as to

endanger himself or others shall be subject to immediate discipline.

16.02 A safety committee comprised of a Union member and a management designate will monitor

the employees and report any excessive violations to the Company. One member from the

Union Safety Committee shall be permitted to make plant tours with the Department Labour

Inspector and representative of management, provided that the Safety Committee members are

working on the Company's premises at such time and that the Company's operations shall not

be unduly disrupted.

16.03 The Company agrees to make every reasonable effort to provide a safe and healthful working

condition for all its employees.

ARTICLE 17 - SAFETY SHOES, GLOVES AND COVERALLS

17.01 The Company agrees to contribute one hundred and twenty-five dollars ($125.00) per employee

on May 1st annually for the acquisition of safety shoes by each employee.

17.02 All employees are required to wear safety shoes, safety glasses, hearing protection (where

required) and hard hats, at all times during the hours of employment.

17.03 Work gloves shall be supplied by the Company at no cost to the employees, to a maximum of six

(6) pairs per year, except in maintenance classifications where, at the discretion of the Company

additional gloves are required and justified.

17.04 The Company shall by April 1st in each year order four (4) pairs of coveralls for maintenance

workers and crane operators; and two (2) pairs insulated coveralls for maintenance workers

onl.Y, provided that any loss or damage to the said coveralls shall be the responsibility of the

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maintenance worker or crane operator, provided further that the coveralls shall be used for

Company business only and in the event the employee shall use or wear the said coveralls for

other than Company business he shall, at the option of the Company, be subject to immediate

discipline. The Company agrees to provide extra coveralls, provided damage was not caused by

negligence.

ARTICLE 18 - TOOL INSURANCE

18.01 It shall be the responsibility of the employees to provide tools of one and one-half (Hi") inches

or less and the employer agrees to replace or insure any or all tools brought on the job at its

request for the purpose of maintenance and repair of equipment.

18.02 It shall be the responsibilities of employees to acquire at their cost and to have in their

possession the following tools: 1 tool box with lock and key; 2 chisels, cold; 1 hammer, ball peen

medium or heavy; 1 hack saw frame, 10" or adjustable; 1 pliers, combination; 2 punchers, pin or

taper; 2 screwdrivers, flat blade, medium or large; 1 wrench, adjustable, crescent type, 10" or

12"; 1 wrench open end, set up 1".

18.03 Such tools brought on Company property will be inventoried within three (3) days of being

brought on the job by the maintenance superintendent and the employee and be so marked as

to be able to be identified as his from the inventory.

18.04 All tools will remain on Company property and any removal will be authorized by the

maintenance superintendent and return thereof so noted.

18.05 One cent ($0.01) per hour for all men affected will be paid and funded by the Company for

payment of insurance premiums.

ARTICLE 20 - UNION SECURITY

20.01 It shall be a condition of employment that all employees of the employed covered by this

agreement, who are members of the Union in good standing on the effective date of this

agreement, shall remain members in good standing.

20.02 For the first ninety (90) working days of employment, an employee shall be considered

probationary.

20.03 It shall be a condition of employment that employees hired after the signing of this agreement

shall:

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a) Commence payment of Union dues upon completion for thirty {30) calendar

days of employment;

b) Upon obtaining seniority provided in paragraph 8.03 hereof such probationary

employees will be placed on the seniority list and will pay the Union's initiation

fee. This fee will be deducted from the first pay cheque following the date upon

which the employee becomes a member in good standing of the Union. The

initiation fee will be remitted to the Union by the 10th day following the

collection of same. The fee will be accompanied by a listing of the names from

whom the deductions for initiation was made.

20.04 Probationary employees shall not have any right to the grievance procedure until they have

obtained seniority within any consecutive period of six (6) calendar months and become

members in good standing of the Union.

ARTICLE 21- DISCRIMINATION

21.01 There shall be no discrimination either by the Company or the Union because of sex, race,

creed, colour, nationality, ancestry, age, place of origin or membership in the Union.

21.02 Neither the Union, nor its members shall refuse to process and/or handle any goods or

commodities on the Company's premises by reasons of the fact that such goods or commodities

are in any way identified with a labour dispute in which any other business, place or shop or

means of transportation may be involved.

ARTICLE 22 - STRIKES AND LOCKOUTS

22.01 During the term of this agreement, the Company agrees that there shall be no lockouts and the

Union agrees that there shall be no strike, picketing, slowdown (complete or partial) or other

stoppage of work.

22.02 Neither the Union nor its members shall recognize or refuse to cross any picket line established

at or near the Company's premises which are known as municipal number, 100 Grand Marais

Road East, Windsor, Ontario, unless such a picket line is one legally established by the Union or

by any other labour organization certified to bargain collectively for any employees of the

employer.

ARTICLE 23 - UNION ACTIVITIES

23.01 The Company agrees that, with the permission of the management (such permission not to be

arbitrarily withheld) the Union steward and/or representative of the International Union may

have access to Company property to investigate grievances and administer the collective

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agreement. It is mutually understood that the Union representative will make his presence

known to the management (of the Company) and/or yard superintendent upon entering

Company property and in no instance shall he interfere with the progress of any work.

ARTICLE 24- CLASSIFICATIONS AND RATES OF PAY

24.01 Attached to and forming part of this agreement is Schedules "A", "B", and "C" dealing with wage

rates and work classifications of the employees and the bargaining unit.

ARTICLE 25 - MISCELLANEOUS

25.01 The Union will encourage all employees to become knowledgeable of the English language and

to pursue all available means in acquiring for themselves a fluent and vocal command of same.

25.01 Clean lunch rooms and washrooms are the mutual responsibility of the employer and

employees using them.

25.03 All licensed operators shall inform the Company of all the particulars of all licenses held by each

employee and shall file a copy of any license at the request of the Company.

24.04 It will be the responsibility of each employee to keep the Company informed of his correct

address and all other information pertaining to his personal record at all times, and the

Company will only assume responsibility for contacting an employee at his last address on

record.

25.05 The headings of this collective agreement shall not form part of this agreement and are merely

inserted for convenience.

25.06 The Company will allow a coffee break of ten (10) minutes duration during the morning

operations and a ten (10) minute coffee break during the afternoon operations, without loss of

pay.

25.07 The Company will allow a five (5) minute wash-up period at the end of each shift.

ARTICLE 26 - NOT LESSER CLAUSE

26.01 The Union within the area of its jurisdiction will not sign an Agreement with an employer who is

engaged in the same work as the employees to whom this agreement applies on terms more

favourable to such employer than the terms of this agreement.

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ARTICLE 27 - PENSION PLAN

27.01 The Company further agrees to contribute (commencing at the end of the probationary period,)

to the employees' International Union of Operating Engineers Local 793 member's Pension Trust

of Ontario. The contribution shall be remitted by the 15th day of the month following the month

in which the hours have been worked, together with supporting information entered which the

hours have been worked, together with supporting information entered on a reporting form as

designated by the trustees and at no time shall be contributions be paid directly to the

employee.

27.02 The amount of the contribution referred to above shall be One Dollar and Sixty-Six Cents ($1.66)

per hour worked.

ARTICLE 28 - DURATION

28.01 So far as the rates of pay, as contained in Schedule "A" are concerned, this contract shall be

effective as from May 1, 2016 up to and including April 30, 2019. So far as all other terms and

provisions of this Agreement are concerned, this contract shall be effective from May 1, 2016

and shall remain in effect until the 30th 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 of, or

proposes revisions of this Agreement not more than ninety (90) days before the 30th day of April

2019 or in a like period in any year thereafter.

ARTICLE 29 - ADVANCEMENT DUES

The Company shall deduct from each employee covered by this Agreement "Advancement dues" in accordance with the following schedule.

Effective May 1, 2016: twenty cents ($0.20) per each hour earned Effective May 1, 2017: twenty five cents ($0.25) per each hour earned Effective May 1, 2018: thirty cents ($0.30) per each hour earned

The advancement dues are to be remitted to the Union in conjunction with monthly dues and

remittances.

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IN WITNESS WHEREOF the Company has hereunto affixed its corporate seal under the hand of its duly

authorized Officer and the Union has executed this Agreement under the hands of the respective proper

Officers.

Signed at -Zcdf'J &-DYAers {.o this 3 day of ·;;su()e. , 2016.

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

Mike Gallagher, Business Manager

Joe Redshaw - President

Address Alex Law, Treasurer

lJi11dSDf. ot-J rJqA bl'JS City, Province, Postal Code Joe Dowdall, Vice-President ~ 1ti - 9blP - obdo F"~ 5 1q-qf.b-6'3?d.. _ ___ _ _ _ _ ____ _ Telephone & Fax Numbers Brian Alexander, Recording-Corr sp nding Secretary

AnMCYty. terYJC~ u ,sfo ~ t p+xr"'p.co~fY\;____,..---__;L~--=;:::::~~~~----E-Mail Recommended By: Dave f

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PROBATIONARY EMPLOYEES

Unlicensed probationary employees to receive thirty ($.30) cents per hour less than the classified rate.

APPRENTICE CRANE OPERATORS

Apprentice Crane Operators which for the purpose of this Agreement shall be defined as per

Department of Labour Regulations and shall be paid at the starting rate of 70% of the top rate, with an

increase of ten ($.10) cents per hour after two (2) calendar months continuous service with the

Company.

Any further increase in classification will be determined on the men's ability to meet the specifications

set forth by the Department of Labour.

If any employee is required to work fifty (50%) percent or more of their time at work of higher classification during any week to receive the rate of pay applicable to such higher classification.

COST OF LIVING ALLOWANCE

Canadian Consumer Price Index 1971 Base - 162.5

The Union and the Company agree that during the term of this Agreement and for so long as the

provisions hereof shall govern the parties, the Company shall have no obligation or requirement to

make any payment on ac:cuur1l ur a11y i11Lrease in the "cost·of·living" or the Canadian Consumer Price

Index for all purposes, notwithstanding the terms of any prior Collective Agreement, the provisions

respecting the "cost-of-living" shall be and remain dormant during the term of this Agreement.

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SCHEDULE "A"

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

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

Locomotive Crane Operator $23.15 $23.55 $23.85

Licensed Crane Operator $22.89 $23.29 $23.59

Bulldozer Operator $22.11 $22.51 $22.81

Welders-Heavy Duty Repair $22.73 $23.13 $23.43

Mechanic $22.42 $22.82 $23.12

Maintenance Men $22.11 $22.51 $22.81

Tool & Die Machinist $23.02 $23.42 $23.72

Journey-Heavy Machine Repair Tool & Die $27.87 $24.27 $24.57

Fuel Truck Driver $21.29 $21.69 $21.99

Effective on signing, a onetime bonus of $1,000.00 to each employee in the Bargaining Unit.

It is understood and agreed that no employee covered by this agreement shall have his rate of wages or

benefits reduced as a result of this introduction of this schedule.

An employee who is receiving a premium rate of pay as of the date of this agreement will continue to

receive such rate, provided he is employed in the same capacity during the term of this agreement.

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SCHEDULE "B"

ZALEV BROTHERS COMPANY

In order to advise you on what the Company expects in respect to attitude and conduct, the Set of Rules

has been drawn up for your guidance. It is not intended that this set of rules will cover every

contingency and consequently where a subject is not dealt with specifically, common sense, good

judgement, courtesy and fairness must be exercised by all concerned. Nothing in these rules shall

deprive any employee from processing any grievance if he feels he has been unjustly dealt with in any

manner.

1.) Failure to advise the Company prior to regular starting time that he is unable to report for work.

1st offense-verbal reprimand

2nd offence - letter of reprimand

3rd offence - 3 days suspension

4th offence - subject to dismissal

2.) _ Reporting late for work without reasonable explanation.

1st offence - verbal reprimand


3'd offence - 3 days suspension


3.) Failure to report for duty after having been instructed to do so without reasonable explanation.

1st offense - letter of reprimand

2nd offence - 3 days suspension

3rd offence - subject to dismissal

4.) Failure to obey instructions of foreman and/or Yard Superintendent and/or Maintenance

Superintendent.

1st offence - ranging from reprimand to dismissal

5.) Possession of/or consuming intoxicants during tour of duty.


6.) Reporting for duty while under the influence of intoxicants.


7.) Theft or dishonesty.

1st offence -subject to dismissal

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8.) Failure to wear safety helmet and safety glasses at all times.

1st offence -verbal warning




9.) Safety equipment as required for each job and as supplied by the Company must be used at all

times.





10.) Failure to advise foremen before leaving yard during tour of duty for any reason and to punch

out and back in after permission.

1st offence -verbal reprimand




11.) Failure to properly punching time cards at beginning and end of shift.





12.) PERSONAL INJURIES

Any person, who suffers a personal injury, shall report immediately for treatment. A detailed

report of the accident MUST be given to his supervisor. Failure to do so may result in

disciplinary action ranging from reprimand to dismissal.

13.) ACCIDENTS

a. Accidents, for which the employee is at fault or for which his actions or lack of action is a

contributory factor, will result in disciplinary action, which may range from reprimand to

dismissal, according to the seriousness of the accident, the degree of the negligence or

carelessness involved on the part of the driver and the frequency of accidents in which

the driver has been at fault.

b. Back-up accidents are inexcusable and will be dealt with most severity.

c. Failure to report all vehicle accidents in writing, on prescribed form immediately to his

supervisor, may result in dismissal.

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14.) If your job requires location cards to be filled out daily, this must be adhered to and turned in to

your supervisor on a daily basis.

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SCHEDULE "C"

Between: ZALEV BROTHERS COMPANY

Hereinafter referred to as the Company,

As the party of the first part

-and-

The International Union of Operating Engineers, Local 793

As party of the second part

1. Apprentices, probationary or indentured, excluding apprentice crane operators and coming within

the acknowledged jurisdiction of the Local Union as set out in Article 2 Recognition of the collective

agreement, must meet the prior approval of the Company before being taken into employment and

must as a further condition of employment become Union members after 3 months continuous

service with the Company and thereafter pay the monthly Union dues.

2. Apprentices will not be covered by the terms of the collective agreement but the employer agrees

to make the Health and Welfare contributions for each approved apprentice. A separate seniority

list for apprentices will be maintained. This seniority list will not be interchangeable with the

regular seniority of other employees.

3. Apprentices must as a condition of employment apply for apprenticeship papers and obtain such

certificate when eligible.

4. The following minimum pay condition shall apply:

For the 1st year of employment - 60% of the maintenance classification rate

2"d year of employment - 70% of the maintenance classification rate

3rd year of employment- 80% of the maintenance classification rate

4th year of employment - 90% of the maintenance classification rate

5th year of employment - the classified rate as per the collective agreement.

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Documents

THIS AGREEMENT ENTERED INTO AS OF MAY l, 2016 UP TO AND ... Fabricatio… · 7.01 Employees with less than twelve (12) months employment with the Company shall receive a vacation