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BETWEEN:

KITCHENER-WATERLOO AREA AGREEMENT

BMF CONCRETE CONSTRUCTION INC. 244 Woolwich Street South, Unit #6 P. 0. Box334 Breslau ON NOB 1 MO Tel: 519-648-3811 Fax: 519-648-3455

hereinafter referred to as the "Employer''

and-

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

hereinafter referred to as the "Union"

Article 1 - Purpose

1.1 The Employer and the Union each agree that the purpose and the intent of this Agreement is to promote co-operation and harmony, to recognize mutual interest, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Employer, to promote efficiency and service and set forth herein the basic agreement controlling rates of pay, hours of work, dispute procedure and conditions of employment.

1.2 There shall be no effort by either signatory to misinterpret, read into, or delete from any of the provisions of this Agreement.

1.3 Therefore, this Agreement between the Union and the Employer signed by the accredited officials of both parties has been mutually agreed upon and the terms as laid out shall be carried out in letter and spirit by both parties. The Agreement covers certain employees of the Employer engaged in road construction, parking lot construction, sewer and watermain, common excavation and building site preparation etc. and all work incidental thereto. This Agreement shall not apply to work performed within the Industrial, Commercial and Institutional sector of the Construction Industry.

Article 2 - Recognition

2.1 The Employer recognizes the Union as the collective bargaining agent for all employees engaged in the operation of cranes, shovels, bulldozers, and similar equipment in the Geographic areas outlined in the attached schedule(s) save and except non-working foreman and persons above the rank of non-working foreman.

BMF Concrete Construction Inc. 2010-2012 Kitchener-Waterloo Area Agreement of 17

Article 3 - Management Rights

3.1 The Union agrees that it is the exclusive function of the Employer-

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

b) to hire, discharge, classify, transfer, promote, demote, lay off, suspend or otherwise discipline employees, provided that' a claim of an employee that he has been discharged without reasonable cause shall be subject to the provisions of the grievance procedure;

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

d) and is agreed, that any employee where normal duties include driving a company vehicle shall notify the company upon suspension of their driver's license. If any employee is found to be operating a company vehicle without a valid driver's license, it shall be grounds for dismissal.

It is agreed that these functions shall not be exercised in a manner inconsistent with the express provisions of this Agreement.

Article 4 - Union Securltv

4.1 It is agreed that all Union members as of the signing of this Agreement shall maintain their Union membership in good standing for the duration of this Agreement as a condition of employment.

4.2 a) Whenever personnel are required for the classifications covered in this Agreement, the Employer will first call the Union office to find qualified Union members, who in the opinion of the Employer, can perform the available work. In the event the Union is unable to provide the required personnel within twenty-four (24} hours, it shall immediately advise the company and the Employer will seek other sources to fill its requirements. The Employer may recall former employees through the Union office who have been absent from the Employer up to twenty-four (24} months. Employees referred by the Union will have clearance forms and the Employer will notify the Union once per week of employees rehired or hired from other sources.

b) The Employer who normally employs twelve (12) or Jess employees shall be entitled to request by name, one (1) person per calendar year, from the Union's Out-of-Work Jist. The Employer who normally employs more than twelve (12) employees shall be entitled to request by name, two (2) persons per calendar year, from the Union's Out-of-Work list. This section will only apply after all regular employees of the Employer have been recalled or offered recall. Regular employees shall be defined as employees who have worked at least 180 days in the previous year.


4.3 New employees shall make application for membership in the Union at the time of hiring, and shall become and remain members of the Union in good standing as a condition of employment after having worked thirty (30) calendar days. A member in good standing shall be defined for the purpose of this Agreement to be an employee who falls under the terms of this Agreement and whose Union Initiation Fee, Union Dues and Defense Assessments are not in arrears.

4.4 The Employer agrees to deduct Regular Monthly Dues from the first pay cheque due to each eli~ble employee in each month and remit the monies so deducted to the Union on or before the 15 day of the following month. Additionally, the Employer upon proper authorization in writing by an employee shall deduct any Initiation Fee due. The Union agrees to save the Employer harmless from all deductions made under this Clause.

4.5 The Union will supply the Employer with Regular Monthly Dues deductions and Initiation Fee deduction authorization forms, which shall be signed by new employees on the day on which the new employee is hired. Upon termination of employment of an employee the Employer shall notify the Union in writing of such termination at the time the Monthly Dues remittance is forwarded to the Union.

4.6 Eligible employees are those for whom the Union has supplied the Employer with Dues Deduction Authorization. The amount of such Dues will be established in accordance with the Constitution or By-Laws of the Local Union, and the Employer shall be officially notified of the amount of such Dues.

4.7 The Employer will at the time of making each remittance to the Union specify the employees along with their Social Insurance Numbers from whose pay such deductions were made.

4.8 If an employee is absent because of sickness or holidays and has not sufficient pay to his credit, his Union Dues shall accumulate and shall be deducted upon his return to work. Any other arrears will be deducted upon notification in writing of such arrears from the Union. The Union will save the Employer harmless from any deductions that the Union directs under this Clause.

4.9 i) Regular Monthly Union Dues to be deducted as per 4.4, shall be:

Effective July 1, 2009 Effective July 1, 201 o Effective July 1, 2011 Effective July 1, 2012

$21.75 per month $22.25 per month $22.75 per month $23.25 per month

ii) The Employer agrees to deduct from each employee in the bargaining unit, Working Dues at the rate of two percent (2%) of the employee's total monetary package, which includes the hourly rate, vacation pay, health plan and pension plan contributions set out in this Agreement.

(iii) Advancement Dues Check-Off

The Employer shall deduct ten cents ($0.1 0) per hour for each hour earned by each employee covered by this Agreement for Advancement Dues. The amount deducted shall be remitted together with other monthly contributions and deductions in the manner set out in this Collective Agreement.

The Union shall notify the Employer of the amounts and any changes thereto of the abovementioned deductions. Such deductions shall be forwarded along with the remittances required under Article 5 and supporting information shall be as required by the Trustees on the Reporting Forms


4.10 The Employer agrees to give preference to those sub-contractors who are in contractual relations with Local 793 for work covered by this Agreement, provided such sub-contractors are available, capable, and prepared to bid competitively at the time of tendering.

Article 5 • Discrimination

5.1 No person shall be refused employment or in any manner be discriminated against or coerced, restrained or influenced, on account of membership or non-membership in any labour organization.

5.2 All references in the Agreement to the masculine gender shall apply also to the feminine gender.

Article 6 - Union Representation

6.1 The Union shall inform the Employer in writing of the names of the Stewards and of any subsequent change in the names of the Stewards. The Employer shall not be asked to recognize any Steward until such notification from the Union has been received.

6.2 Providing it is consistent with the Management's obligation to maintain an efficient working force, in the event of a shortage of work that necessitates a layoff, the Steward shall be retained in the work force, and shall be one of the last two men laid off, providing he is capable and willing to do the work available.

6.3 It shall be the Steward's duty to process grievances as outlined in accordance with the provisions of this Agreement. The Steward's duty shall in no way conflict with his duties to his Employer and shall be held responsible for the same quantity and quality of work as other employees.

6.4 Should there be any cause to discharge a Steward the Employer shall in every case notify the Local Union in writing, so that the Local Union is in receipt of such notification before such discipline or discharge. However, the Employer reserves the right to insist that a Steward leave the premises.

6.5 Upon reasonable request made to the Employer or his designated representative, an accredited Union Official shall be granted access to various job sites for the purpose of satisfying himself that the terms of this Agreement are being complied with provided that the work on the project is not interfered with.

6.6 The Union shall have the right to appoint or elect a reasonable number of Stewards in each yard or area to assist employees in presenting their grievances to the Employer and supervise the administration of this Agreement.

Article 7- Grievance Procedure

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

BMF Concrete Construction Inc. 201 0-2012 Kitchener-Waterloo Area Agreement of 17

7.2 All grievances to be dealt with under Step Two below shall be in writing, on forms supplied by the Union and signed by the employee having such grievance.

7.3 Written grievances, to be valid, shall set out the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated and the nature of the remedy sought and shall not be subject to change at later steps except by mutual agreement in writing with the Employer, or in the case of remedy, an Arbitration Board.

7.4 In determining the time which is allowed in the various steps of Articles 7 and 8, Saturday, Sunday and Statutory Holidays shall be excluded and any time limits may be extended by mutual agreement in writing.

7.5 If advantage of the provisions of Articles 7 and 8 hereof is not taken within the time limits specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened.

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

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

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

Step 1 -Within ten (1 0) full working days after the circumstances giving rise to the grievance occurred or originated, the aggrieved employee and/or a union representative, shall present the grievance in writing to the official of the Employer named by the Employer to handle grievances at this step. If a settlement satisfactory to the Union and the employee concerned is not reached within two (2) full working days, the grievance may be presented as indicated in Step Two at any time within five (5) full working days thereafter or if the grievance involved monetary, discipline or discharge matters, not involving the interpretation of the Agreement to final and binding determination.

Step 2- A meeting shall convene within ten (1 0) full working days to deal with the grievance. Should no satisfactory settlement be reached within five (5) full working days after the meeting, the grievance may be submitted to arbitration.

b) The Union may process a written grievance, which involved a number of employees of the Employer or the interpretation of the Agreement. Such grievances shall be commenced at Step Two of the above procedure.

The Employer may process a written grievance alleging a violation of or the interpretation of this Agreement at Step Two of the above procedure.

Such grievances shall be commenced at Step Two within ten (1 0) full working days after the circumstances giving rise to the grievance occurred or originated.

c) No decision or settlement involving any grievance which has been dealt with at Step One above, other than grievances which have been properly referred to final and binding determination, shall be used by any party as a precedent in future cases and shall be treated as only applicable to the grievance in question.

BMF Concrete Construction Inc. 201 0·2012 Kitchener-Waterloo Area Agreement of 17

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

Article 8 - Arbitration

8.1 The parties to this Agreement agree that any grievance which has been properly carried through all of the steps of the Grievance Procedure outlined in Article 7 may be referred to a Board of Arbitration or other final determination within twenty (20) working days after completion of Step Two of Article 7.7.

8.2 The Board of Arbitration will be composed of one person appointed by the Employer, one person appointed by the Union and a third person to act as Chairman chosen by the other two members of the Board.

8.3 Within five (5) working days of the request by either party for a Board each party shall notify the other in writing of the name of its appointee.

8.4 Should the person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third member as Chairman within five {5) days of notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to appoint a Chairman.

8.5 The decisions of the Board of Arbitration or a majority of such Board constituted in the above manner shall be binding on the parties to this Agreement.

8.6 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions, for any existing provisions, nor to give any decisions inconsistent with the terms and provisions of this Agreement.

8.7 Each of the parties to this Agreement will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expense of the Chairman.

Article 9- Union Jurisdiction

9.1 Should any jurisdictional question arise as between the Union and any other Union or Unions it shall be the responsibility of the Union to resolve such question without interference with the Employer's operations. While the Employer recognizes that the Union may not be in a position to control all such situations, it reserves the right to lodge a grievance if the Union has failed to exert sufficient efforts to prevent losses due to jurisdictional problems.

Article 10- Strikes and Lockouts

10.1 The Union agrees there will be no strike during the term of this Agreement and the Employer agrees that there will be no lockout.

10.2 The words "strike" and "lockout" in this Agreement shall mean "strike" and "lockout" as defined in the Ontario Labour Relations Act.


Article 11 - Bulletin Boards

11.1 The Employer agrees to permit posting of any notice of Union meetings or functions on a bulletin board conspicuously placed and provided for that purpose. The Union agrees to submit such notices to management for approval before posting.

Article 12-Worklna Conditions

12.1 Employees shall be entitled to a ten (1 0) minute break in the forenoon and afternoon at a reasonable time given by authority. The Stewards and Business Representative of the Union shall assist in eliminating abuses of the aforementioned should such occur.

12.2 Employer rules and regulations governing the conduct of the employees as outlined in attached Schedule "A", will be observed by all employees, violation of which will be the cause for discipline or discharge. The Employer reserves the right to make new rules, amend and/or alter present rules, said changes to be forthwith communicated to the Union and Stewards in order that the Union may have the opportunity to protest if it believes that such rule or regulation is inconsistent with the provisions of this Agreement. Nothing in the foregoing shall preclude the right of the Union to process such protest through the Grievance Procedure.

12.3 Employees shall be entitled to a lunch break of not less than one-half hour to be taken at a reasonable time, approximately mid way during his work shift.

12.4 When the Employer requires employees to take courses to increase their knowledge the employee will be paid for time lost if the course is taken during working hours.

Article 13- Safety, Sanitation and Shelter

13.1 On all jobs where more than five employees are continuously employed, shelter (heated when necessary) will be provided for employees to eat their lunch and store their clothing. Sanitary toilets shall be provided in accordance with Municipal Health Regulations. It is understood that the provisions of this Section do not apply to jobs of short duration.

13.2 It is further agreed that drinking water will be provided for employees on all jobs and that washing water will be provided where outlets are available to the Employer. Further, if a trailer is used as lunchroom facilities, tool storage area will be partitioned off where practical.

13.3 The Employer shall make safety helmets available to employees, which shall be paid for, by the employee at cost at the time it is supplied.

13.4 Every employee shall, as a condition of employment, own and wear suitable protective footwear and other personal protective equipment required in the normal course of his duties. Special clothing required under abnormal conditions or during inclement weather will be supplied by the Employer at cost to the employee. Full repayment will be made when the employee returns this special clothing to the Employer. Worn or damaged gear will be replaced at no cost to the employee.

13.5 The Employer, the employees and the Union agree to abide by the provisions of the Occupational Health and Safety Act and the Operating Engineers' Act, copies of which will be made available.


Article 14 Duration of Agreement

14. j This Agreement shall become effective on the 191 day ofJanuary, 2010, and shall continue in effect until the 31 91 day of December, 2012, and shall continue automatically from year to year thereafter unless either party shall give notice to the other party in writing within ninety (90) calendar days of the termination date.

14.2 The parties agree that the Schedule(s) attached hereto is incorporated into and forms part of this Collective Agreement.

'J6t!:- s DATED THIS __ __,<..)""'-___ day of -=-Ef+~-'-~-M_6_E:-tZ-::....:_ __ -'201 0.

SIGNED ON BEHALF OF:

BMF Concrete Construction Inc.

Mark Bruggeman, President Name

244 Woolwich St. S .. Unit #6 Address

Breslau. Ontario NOB 1 MO Address

519-648-381 j Telephone Number

SIGNED ON BEHALF OF:

International Union of Operating Engineers, Local 793

Michael ~~ager

Rick Kerr, R~s. Secretary

by: Steve Deady, esentative- Cambridge


SCHEDULE "A"

The full terms and conditions of employment set out in this Schedule shall apply to all work performed in the Region of Waterloo, the Counties of Wellington, Brant, Dufferin and Grey (being the geographic area referred to in Article 2 of the Master Portion of this Agreement).

Article 1 - Classifications and Wages

1.1 It is understood and agreed that the implementation of the following wage schedule shall not result in the reduction of the hourly rate of any present employee. The rates of wages shall be effective on dates indicated.

1 .2 The following are the job descriptions for the various job groupings on construction projects as referred to in the Collective Agreement.

GROUP 1: Gradall Operator, Clam Operator, Crane Operator including Pile Driving, Shovel Operator, Dragline Operator, Backhoe Operator and Feller Buncher:

DATE WAGES VACATION BENEFIT PENSION TOTAL PAY PLAN PLAN

Previous rate 25.40 2.54 3.71 3.83 35.48 01-Apr-201 0 25.95 2.59 3.91 3.93 36.38 01-Jan-2011 26.54 2.65 4.11 4.03 37.33 01-Jan-2012 27.40 2.74 4.31 4.13 38.58

GROUP II: Heavy Duty Mechanic Class "A" (Licensed), Welder Class "A" (Licensed) and Grader Operator Class "A":


Previous rate 24.65 2.47 3.71 3.83 34.66

01-Apr-201 0 25.20 2.52 3.91 3.93 35.56 01-Jan-2011 25.79 2.58 4.11 4.03 36.51 01-Jan-2012 26.65 2.67 4.31 4.13 37.76

GROUP Ill: Roller Operator (on Asphalt), Washing Plant Operator, Crusher Operator, Concrete Spreader Operator, Asphalt Plant Operator, Asphalt Spreader Operator, Scraper Operator, Bulldozer Operator (Class "A" operations) including Side-Boom, Front-End Loader Operator (Class "A" operations), Crawler or Rubber Tired Industrial Tractor with Backhoe attachment and Mini excavator under 65 H.P., and Curb Machine Operator:


Previous rate 24.22 2.42 3.71 3.83 34.18

01-Apr-201 0 24.76 2.48 3.91 3.93 35.08 01-Jan-2011 25.35 2.54 4.11 4.03 36.03 01-Jan-2012 26.22 2.62 4.31 4.13 37.28


GROUP IV: Service Truck Driver, Bulldozer Operator (Class "B" operations), Front-End Loader Operator (Class "B" operations), Grader Operator Class "B" and Burner Man (Asphalt):


Previous rate 22.88 2.29 3.71 3.83 32.71 01-Apr-201 0 23.43 2.34 3.91 3.93 33.61 01-Jan-2011 24.02 2.40 4.11 4.03 34.56 01-Jan-2012 24.88 2.49 4.31 4.13 35.81

GROUP V: Driller, Improver Mechanic, Boiler Fireman, Improver Welder, and Mini Skid Steer Loader Operator under 65 H.P. and Horizontal and Directional Boring Machine Operators:


Previous rate 22.43 2.24 3.71 3.83 32.21

01-Apr-201 0 22.97 2.30 3.91 3.93 33.11 01-Jan-2011 23.56 2.36 4.11 4.03 34.06 01-Jan-2012 24.43 2.44 4.31 4.13 35.31

GROUP VI: Off Highway Rock Type Truck Operator, Compactor and Roller Operator (on Grade), Boom Truck Driver (Pitman Type):


Previous rate 22.15 2.22 3.71 3.83 31.91

01-Apr-201 0 22.70 2.27 3.91 3.93 32.81 01-Jan-2011 23.29 2.33 4.11 4.03 33.76 01-Jan-2012 24.15 2.42 4.31 4.13 35.01

GROUP VII: Oiler and Greaser, Farm Tractor Operator (no Backhoe) and Mechanic's Helper:


Previous rate 22.13 2.21 3.71 3.83 31.88

01-Apr-201 0 22.67 2.27 3.91 3.93 32.78 01-Jan-2011 23.26 2.33 4.11 4.03 33.73 01-Jan-2012 24.13 2.41 4.31 4.13 34.98

1.3 A shift premium of one dollar ($1.00) per hour will be paid for hours worked on any shift, which is scheduled by the Employer to commence after 6:00 PM.

1.4 The Employer agrees to supply each serviceman and mechanic with three (3) pairs of coveralls per week and to clean and maintain same during the term of this Agreement.


1.5 The starting rate shall be thirty cents (.30¢) per hour less than the classification rate in each case for a probationary period of sixty (60) working days. It is understood that the Company may raise the pay of a probationary employee at any time during the probationary period at its own discretion.

The provisions of this Article will not apply to employees referred by the Union who have had prior experience and are competent on the type of equipment and class of work involved.

Article 2 - Hours of Work and Overtime

2.1 The following sections are intended to define the normal hours for the purpose of calculating overtime only, and shall not be construed as a guarantee of hours per day or per week, or of the days of work per week.

2.2 The regular hours of work for employees engaged in work covered by this Agreement shall be fifty (50) hours per week, excluding service time, lunch periods and travelling time to and from the job.

2.3 Overtime at the rate of time and one-half (1-1/2) the employee's regular hourly rate will be paid for all work performed in excess of ten (1 0) hours per day or fifty (50) hours per week exclusive of travel. (Overtime will only be paid once for the same hour).

2.4 Overtime at the rate of time and one-half (1-112) the employee's regular hourly rate will be paid for all work performed on Saturday.

2.5 Overtime at the rate of double (2) times the employee's regular hourly rate will be paid for all work performed on Sunday.

2.6 Notwithstanding any other provisions in this Agreement, snow removal will be performed at straight time rates.

Article 3- Reporting Time

3.1 An employee who reports for work at the regular starting time unless directed not to report and for whom no work is available will receive two (2) hours' pay provided he remains at the job if requested to do so by his supervisor.

3.2 An employee who starts his regular work shift at the job site and who has worked more than two (2) hours will receive four (4) hours' pay if the job is shut down by the Employer before he has had an opportunity to work for four (4) hours provided he remains at the job if requested to do so by his supervisor.

Article 4 - Statutory Holidays and Vacation Pay

4.1 The following holidays shall be recognized Statutory Holidays and overtime at the rate of one and one-half (1-1/2) the employee's current hourly rate shall be paid to employees for work performed on the following Statutory Holidays:-

BMF Concrete Construction Inc. 201 0-2012 Kitchener-Waterloo Area Agreement of17

4.2 Statutory Holiday and Vacation Pay shall be paid weekly or bi-weekly to each employee covered by this Collective Agreement at the rate of ten percent (1 0%) of gross wages earned, and income tax will be deducted weekly or bi-weekly.

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

Article 5 - Health and Pension Plans

5.1 Effective April1"'. 2010, Employers shall contribute in total Seven Dollars and Eighty-Four Cents ($7.84) per hour earned to the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust of Ontario (the "Health Plan") and to the International Union of Operating Engineers, Local 793 Members Pension Benefit Trust of Ontario (the "Pension Plan") for each hour earned by each employee in his employ.

Effective Januarv 1"'. 2011, the total Employer contributions of Seven Dollars and Eighty-Four Cents ($7.84) per hour earned shall increase to Eight Dollars and Fourteen Cents ($8.14) per hour earned.

Effective January 1"'. 2012, the total Employer contributions of Eight Dollars and Fourteen Cents ($8.14) per hour per hour shall increase to Eight Dollars and Forty-Four Cents ($8.44) per hour earned.

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

5.2 All contributions shall be submitted by the 15'" of the following month in which the hours have been worked and at no time shall the contributions be paid directly to the employee. If payment is over thirty (30) days late, interest at two percent {2%) per month (24% Per Annum) shall be paid from the due date and in addition the delinquent Employer may be required by the Trustees of the funds to deposit with the Trustees a Two Thousand, Five Hundred Dollar ($2,500.00) cash bond.

Article 6 - Travel Allowance

6.1 For the purpose of determining the amounts of travel allowance payable to an employee required to use his own transportation to travel to and from work, the agreement area will be comprised of four zones, effective date April1 51

, 2010.

6.2 Zone 1 -will be comprised of an area included in a radius of forty (40) kilometres.

No travel allowance will be payable in Zone 1.

6.3 Zone 2- will be comprised of the area outside of Zone 1 and included within a radius of seventy (70) kilometres.

A travel allowance of Nineteen Dollars ($19.00) per day will be paid to employees required to use their own transportation to travel to and from jobs located in Zone 2.

6.4 Zone 3- will be comprised of the area outside Zone 2 and included within a radius of one hundred (1 00) kilometres.

A travel allowance of Twenty-Six Dollars ($26.00) per day will be paid to employees required to use their own transportation to travel to and from jobs located in Zone 3.

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6.5 Zone 4- will be comprised of the area outside Zone 3.

A travel allowance of Thirty-Four Dollars ($34.00) per day will be paid to employees required to use their own transportation to travel to and from jobs located in Zone 4.

6.6 A project intersected by the 40 kilometre radius shall be included in Zone 1 , a project intersected by the 70 kilometre radius shall be included in Zone 2 and a project intersected by the 1 00 kilometre radius shall be included in Zone 3.

6.7 Employees required to be away from their regular place of residence will be provided with suitable room and board and the Employer agrees there will be no more than two (2) employees per room.

6.8 The centre of Zone 1 will be established as the company's home base.

Article 7 - Payment of Wages

7.1 Wages shall be paid by cash, cheque or Electronic Fund Transfer (EFT), weekly or bi-weekly at the option of the Employer, on the job. Accompanying each payment of wages shall be a retainable statement identifying both the Employer and the employee, showing the pay period, total hours marked "regular" and "overtime", the hourly rate, the total earnings, the amount of vacation pay, the amount in lieu of Statutory Holiday Pay, the amount and purpose of each deduction, and the net earnings.

7.2 Whenever vacation and Statutory Holiday Pay credits and pay cheques are not given to employees at the time of termination, they will be sent by the Employer to the employee by Registered Mail, to his last known address within three (3) working days of the time of termination.

Article 8 -Training Fund

8.1 The Employer agrees to contribute the sum of Ten Cents (.1 0¢) per hour for each hour earned by each Operator in his employ to the International Union of Operating Engineers Training Fund.

8.2 Apprentices

The Parties hereto agree that the use of Apprentices will be permitted. It is the intention of both Parties that said Apprentices shall be given the Training and Guidance in the operation of available equipment on site as and when available.

The rates as follows:

0 - 1 ,000 hours - 65% 1 ,001 - 2,000 hours- 75% 2,001 - 3,000 hours- 85%

Ratio of Trainees

The ratio of Trainees employed by an Employer shall not be more than one (1) Trainee for each six (6) journeyman operating engineers in his employ or as otherwise authorized in writing by the Union.


APPENDIX "A"

ARTICLE 5 of Schedule "A" requires that the Employer shall make a single monthly payment to an independent administrator appointed by the Trustees of the Health Plan and the Pension Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that the contributions are allocated and made on behalf of each Employer and employee to the Health Plan and the Pension Plan as follows:

EFFECTIVE APRIL 1sT, 2010:

(i) for employees with $6,750.00 or fewer Dollars in their Health Plan Dollar bank • Three Dollars and Ninety-One Cents ($3.91) to the Health Plan plus retail sales tax (RST) at

the applicable rate on these contributions to the Health Plan • Three Dollars and Ninety-Three Cents ($3.93) to the Pension Plan

(ii) for employees with more than $6,750.00 in their Health Plan Dollar bank • Seven Dollars and Eighty-Four Cents ($7.84) to the Pension Plan for benefits; and • Nil to the Health Plan

EFFECTIVE JANUARY 1sT, 2011:

(i) for employees with $6,750.00 or fewer Dollars in their Health Plan Dollar bank • Four Dollars and Eleven Cents ($4.11) to the Health Plan plus retail sales tax (RST) at the

applicable rate on these contributions to the Health Plan • Four Dollars and Three Cents ($4.03) to the Pension Plan

(ii) for employees with more than $6,750.00 in their Health Plan Dollar bank • Eight Dollars and Fourteen Cents ($8.14) to the Pension Plan for benefits; and • Nil to the Health Plan

EFFECTIVE JANUARY 1s\ 2012:

(i) for employees with $6,750.00 or fewer Dollars in their Health Plan Dollar bank • Four Dollars and Thirty-One Cents ($4.31) to the Health Plan plus retail sales tax (RST) at

the applicable rate on these contributions to the Health Plan • Four Dollars and Thirteen Cents ($4.13) to the Pension Plan

(ii) for employees with more than $6,750.00 in their Health Plan Dollar bank • Eight Dollars and Forty-Four Cents ($8.44) to the Pension Plan for benefits; and • Nil to the Health Plan

Effective on and after January 1st, 2009, the amount $6,750.00 in a Member's Health Plan Dollar bank noted in (i) and (ii) above shall be re-determined from time to time as determined by a duly constituted motion passed by the Board of Trustees of the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust of Ontario, and as conveyed by the administrator,


BETWEEN:

LETTER OF UNDERSTANDING

BMF CONCRETE CONSTRUCTION INC.

hereinafter referred to as the "Employer"

-and-



It is understood and agreed that all vehicles used to transport the employees of the Employer shall be equipped with proper seats including seat belts and employees shall be protected from all materials carried in the vehicle.

It is further agreed that the employees shall not be required to travel to and from a job site in a vehicle that does not comply with the provisions of the Highway Traffic Act.

SIGNED on this __ j~0:.._-11--_~ __ _:day of .StfTE-t'\ 6 €:::1!- '2010.


ss Representative .,.,._.,..mbridge District

201 0-2012 Kitchener-Waterloo Area Agreement ol17

BETWEEN:


BMF CONCRETE CONSTRUCTION INC.

hereinafter referred to as the "Employer''

-and-



Time lost due to inclement weather will be made up on Saturday at straight time rates. Premium pay will be applied only once to any hour(s). The Employer will not discriminate against any employee because of failure to work.

SIGNED on this _ ____:,j=<...::::.o_~ ___ .day of ,5E:=ffE.M&E R__ '2010.


s ness Representative Cambridge District

201 0-2012 Kitchener-Waterloo Area Agreement of 17


With regard to a Collective Agreement between BMF Concrete Construction Inc. and the International Union of Operating Engineers, Local 793; effective from January 161

, 2010 to December 31 61

, 2012.

This Letter of Understanding sets out the wage rates and certain other conditions that will apply to employees while engaged in excavation and backfilling work for non-residential building construction, within three (3) feet of the building and to site excavation work on building projects where the general contractor, project manager or owner is required to perform all work under the terms of a Collective Agreement with the Union or where only contractors who are in contractual relations with the Union have been invited to bid.

All other work embraced by the local agreement, including excavation for roads, parking lots, sidewalks, etc. will continue to be performed under such agreement in accordance with established past practice.

This Letter of Understanding will apply in the Counties of Brant, Wellington and the Region of Waterloo.

Employees working under the letter shall receive a premium of Twenty-Two Percent (22%) in addition to the wage rates set out in Schedule "A" or the Letter of Understanding attached to the Collective Agreement.

The above rate premium of Twenty-Two Percent (22%) will be added to the base rate prior to calculating overtime.

All other conditions of employment that are not amended by this Letter of Understanding shall be as contained in the local agreement.

SIGNED on this _....::~ ... 3....:.6_~ ___ _.:day of SE.'[TE M &f:: 12'-- , 2010.


Steve Deady, u iness Representative I.U.O.E., Local 9 Cambridge District

2010-2012 Kitchener-Waterloo Area Agreement of 17

box334 p. 0. 244 woolwich street south, unit #6 bmf ... and civil engineering... · engaged in road...

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