collective agreement 31 between: jo lo l i . lc:>110 ls ... of buildings... · hoey and...

BETWEEN:

COLLECTIVE AGREEMENT

~ ./ o'13g- oor ~ l -os- -1o ?r 31 Jo~

JO lO l I . lc:>110 LS HOEY AND MCMILLAN LIMITED Box 430

AND:

Dryden, Ontario P8N 2Z2

hereinafter referred to as the "Employer"

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

hereinafter referred to as the "Union"

Ph.: 807-223-6217 Fax: 807-223-7925

OF THE FIRST PART;

OF THE SECOND PART.

WHEREAS the purpose of this Collective Agreement is to establish fair and

equitable wage rates, hours of work and certain other working conditions within the work

described herein, to promote harmonious relations between the Employer and the Union

and the employees, to maintain a high rate of productivity and to provide for and ensure

uniform interpretation and application in the administration of this Collective Agreement

such that any grievance can be disposed of promptly and equitably.

THEREFORE, the parties agree as follows:

ARTICLE 1 - GEOGRAPHIC AREA

1.01 This Agreement shall be effective within the Districts of Algoma, Thunder

Bay, Rainy River, and Kenora, including the Patricia portion, also known as Ontario

Labour Relations Board Areas 21, 22, 23, and 24, respectively.

t ~ 2 r

f r'

Hoey and McMillan, 2005-2009, page 2 of 19

ARTICLE 2 - RECOGNITION

2.01 The Employer recognizes the Union as the sole and exclusive bargaining

agent for all employees covered by the classifications set out in this Agreement, engaged

in construction work in the geographical area described above, save and except non

working foremen, persons above the rank of non-working foreman, shop supervisor, office

and clerical staff, camp staff, summer students employed for the school vacation period

and stock clerk.

2.02 This Agreement applies to all construction work performed by the Employer

and without limiting the generality of the foregoing, includes road work, sewer and

watermain work, all excavation work, environment, conservation, flood control projects,

dams, general construction, bush operations, etc., and all work incidental thereto,

wherever located, whether on private or public property.

2.03 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 construction work and all work incidental

thereto. This Agreement shall not apply to work performed within the industrial,

commercial and institutional, pipeline and E.P.S.C.A. sectors of the construction industry

and work performed under the Collective Agreement between Weyerhaeuser Dryden

Operations and Communications, Energy and Paper Workers Union of Canada, Local 324.

ARTICLE 3 - UNION SECURTIY

3.01 During the lifetime of this Agreement, the Employer shall deduct from the

pay of all employees covered by this Agreement who work fifty (50) hours or more in a

calendar month, such sum as may be uniformly assessed by the Union Constitution and

By-Laws as Regular Monthly Union Dues. Such deductions shall be remitted together with

the contributions required under Article 7 of this Agreement on or before the 15th day of

Hoey ana McMillan, 2005-2009, page 3 of 19

the month following the month in which such deductions were made. The Employer

shall, when making all remittances to the Union, identify employees both by name and

social in~urance number and indicate the amount deducted from each employee.

3.02 It is expressly understood and agreed that the Employer shall not be

required to discharge any employee for violation of the provisions of this Article for any

reason other than the non-payment of Union dues, notwithstanding anything to the

contrary herein contained.

3.03 Where an employee authorizes his Employer, in writing, to deduct Union

Initiation Fees from his pay, the Employer will honour such authorization and make the

deductions as authorized.

3.04 The Union agrees to indemnify and hold harmless the Employer against any

liability incurred as the result of the deduction of Union Initiation Fees or Dues.

3.05 The Employer agrees to remit the deductions referred to above, on or

before the 15th day of the month following the month for which such deductions were

made. The remittance will include the names of the employees and the amounts

deducted from each employee, on forms supplied by the Union.

ARTICLE 4 - MANAGEMENT RIGHTS

4.01 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 the employees and to

maintain order, discipline and efficiency;

·.· Hoey and McMillan, 2005-2009, page 4 of 19

b) to hire, discharge, classify, transfer, promote, demote, lay off, suspend

or otherwise discipline employees, provided that a claim by 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.

4.02 All matters concerning the operations of the Employer not specifically dealt

with herein shall be reserved to the Employer and be its exclusive function and

responsibility.

4.03 It is agreed that these functions shall not be exercised in a manner

inconsistent with the express provisions of this Agreement.

ARTICLE 5 -GRIEVANCE PROCEDURE

5.01 There shall be an earnest effort on the part of both parties to this

Agreement to settle promptly through the procedure forth set herein, any complaints,

grievances or disputes arising from the interpretation, application or administration of this

Agreement.

5.02 All grievances to be dealt with under Step Two below shall be in writing, on

a form supplied by the Union and signed by the employees having such grievances.

5.03 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, by an Arbitration

Board.

5.04 In determining the time which is allowed in the various steps, Saturday,

· .. Hoey ana McMillan, 2005-2009, page 5 of 19

Sunday and Statutory Holidays shall be excluded and any time limits may be extended by

mutual agreement in writing.

5.05 If advantage of the provisions of Articles 5 and 6 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.

5.06 The Employer shall designate and name the official to whom a written

grievance is submitted at Step 2.

5.07 It is understood and agreed than an employee does not have a grievance

until he has discussed the matter with his foreman or other 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 as

follows:

Step 1 - Within five (5) days after the circumstances giving rise to the

grievance occurred or originated, the aggrieved employee, with or without the Steward,

shall present his grievance orally or in writing to the official of the Employer named by the

Employer to handle grievances at this Step. If a settlement satisfactory to the Union and

the employee concerned is not reached within five (5) full days, a grievance may be

presented as indicated in Step 2 at any time within five (5) full days thereafter.

Step 2 - At this Step, the grievance may be processed as an individual, joint,

or Union grievance and shall be presented in writing by a Union Steward or

Representative to the Company Official assigned to handle written grievances.

The Employer or the Union may process a written grievance at this Step

concerning the interpretation or alleged violation of the Agreement. If a satisfactory


settlement is not reached within one (1) week from the date it is submitted to the General

Manager, and if the grievance is one which concerns the interpretation or alleged violation

of this Agreement, the grievance may be submitted to arbitration as provided in Article 6

below, at any time within fourteen (14) days thereafter, but no later.

ARTICLE 6 -ARBITRATION

6.01 Both parties to this Agreement agree that any grievance concerning the

interpretation or alleged violation of this Agreement which has been properly carried

through all the steps of the Grievance Procedure outlined in Article 5 above and which has

not been settled, shall be referred to a Board of Arbitration at the request of either of the

parties hereto.

6.02 Unless mutually agreed otherwise, 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.

6.03 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.

6.04 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 the notification mentioned in Article 6.03 above, the Minister of Labour of the

Province of Ontario will be asked to nominate an impartial person to act as Chairman.

6.05 The decisions of the Board of Arbitration or a majority of such Board

constituted in the above manner shall be binding on the employee, the Union and the

Employer.

6.06 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.

6.07 Each of the parties to this Agreement will bear the expenses of the

Arbitrator appointed by it and the parties will jointly bear the expense, if any, of the

Chairman.

ARTICLE 7- HEALTH PLAN- PENSION PLAN

7.01 Effective November 1, 2002, the Employer agrees to purchase the Company

Health Benefit Plan for each employee covered by this Agreement except those in

Classifications 16 and 17. (A copy of the Company Health Benefit Plan is to be attached

and form a part of this Agreement.)

7.02 Effective November 1, 2002, the Employer agrees to contribute one dollar

and fifteen cents ($1.15) for each hour worked for each employee covered by this

Agreement except those in Classifications 16 and 17 to the Pension Plan for Operating

Engineers in the Province of Ontario.

Effective September 1, 2004, the Employer agrees to contribute ninety

dollars ($90.00) per month for each employee covered by this Agreement except those in

Classifications 16 and 17, to the Employees Self-directed R.R.S.P. and to match up to an

additional ninety dollars ($90.00) per month made by the employee, to the Employees

Self-directed R.R.S.P. Effective September 1, 2006, the amounts above shall be increased

to One Hundred Dollars ($100.00) per month. Effective September 1, 2008, the above

shall be increased to One Hundred and Two Dollars ($102.00) per month.

7.03 These monies shall be remitted in accordance with this Agreement and 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 on a Reporting Form as


designated by the Trustees of the Plan and at no time shall the monies be paid directly to

the employee.

7.04 In the event the Employer fails to remit the contributions for the Benefit and

Pension Plans by the 15th day of the month due, the Trustees may charge interest at the

rate of 1% per month for any delinquent contributions 30 days in arrears, provided the

Employer has received 5 days written notice to correct such delinquency.

7.05 With reasonable cause, the Trustees may request the Employer to submit to

them within a stipulated period, a certified audited statement of payroll contributions to

the fund for a period from the effective date of this Agreement until the date the audit

takes place. Such statements shall reply to the questions submitted to the Employer by

the Trustees.

7.06 If the Employer does not submit the certified audited statements as per the

above, the Trustees may appoint an independent chartered accountant to enter upon the

Employer's premises during the regular business hours to perform an audit of the

Employer's records only with respect to the Employer's contributions or deductions to the

required employee Pension Plan.

7.07 Where the Trustees appoint an auditor the cost shall be born by the Plan.

7.08 In the event such audit reveals that the Employer has failed to remit

contributions in accordance with the provisions of this Agreement, the Employer shall,

within 5 days of receipt of written notice from the Trustees, remit all outstanding

contributions along with completed supporting contribution report forms as required by

the Plan.

7.09 When the Employer fails to remit all delinquent contributions, the provisions

of the above shall apply and the Union, on instructions from the Trustees, shall


immediately institute proceedings against the delinquent Employer under the Labour

Relations Act of Ontario. All costs of such actions shall be born by the appropriate plan or

fund unless otherwise recoverable.

7.10 Where the Trustees deem an Employer to be a persistent delinquent in the

submission of contributions, they may require the Employer to post a bond or certified

cheque not to exceed $5,000.00 to be held in trust by the Trustees for a period to be

determined by the Trustees.

7.11 If an Employer does not have any employees in his employ he shall submit

a nil report in accordance with the provisions above.

ARTICLE 8 - NO STRIKES - NO LOCKOUTS

8.01 During the lifetime of this Agreement, the Union agrees there will be no

strikes, slowdown or picketing or any act which will interfere with the regular schedule of

work, and the Employer agrees that there will be no lock-out. The Employer shall have

the right to discharge or otherwise discipline employees who take part in or instigate any

strike, picketing or slowdown or any other act which interferes with the regular schedule

of work.

8.02 The Union agrees it will not involve the Employer in any disputes which may

arise between the Union and any other Employer and the employees of such other

Employer. The Union further agrees it will not condone a work stoppage or observe any

picket line placed on a job site for jurisdictional purposes.

ARTICLE 9 - PRODUCTIVITY- UNION CO-OPERATION

9.01 The Union agrees to co-operate with the Employer in maintaining and

improving safe working conditions and practices.

9.02 The Union recognises the mutual value of improved methods and increased


productivity in the interests of the Employer and in the implementation of such methods,

in suggesting improved methods and in the education of its members in the necessity of

such changes and improvements.

9.03 The Union recognises the need for conservation and elimination of waste

and agrees to co-operate with the Employer in suggesting and practising methods in the

interest of conservation and waste elimination.

ARTICLE 10- UNION REPRESENTATION- STEWARDS

10.01 The Employer agrees to recognize a Steward appointed or elected by the

Union on any project where it has been agreed by the Employer and the Union that the

appointment of a Steward is necessary for the project. It is understood that the Employer

will not be obliged to recognize any Steward until it has been informed in writing by the

Union of appointment of such Steward, and it is further agreed by the Union that it will

select Stewards from among the long term and experienced employees who are familiar

with the Employer's operations.

10.02 The Union acknowledges that the Steward has regular duties to perform as

an employee of the Employer and that they will not leave their regular duties for the

purpose of attending to Union business without first obtaining the permission of their

foreman or immediate supervisor. Before resuming their duties on behalf of the

Employer, such employees will report to their foreman or supervisor.

10.03 The Business Representative of the Union shall have access to any of the

jobs of the Employer during working hours where employees covered by this Agreement

are employed, provided he has secured prior approval of the Superintendent or his

designated representative and provided it does not interfere with the work.


ARTICLE 11 - PAYMENT OF WAGES

11.01 Wages shall be paid by cash or cheque bi-weekly on the job, and shall be

accompanied by a statement of the calculation of the employee's pay. The Employer will

strive to pay employees by Thursday, and no later than Friday, of the week following the

end of the pay period, particularly on a short work week.

11.02 When an employee is terminated or laid-off, the employee's pay cheque,

and Employment Insurance Separation Certification will be sent to the employee's last

address known to the Employer by Wednesday of the week following the layoff.

ARTICLE 12 -VACATION PAY AND STATUTORY HOLIDAYS

12.01 Vacation Pay will be accumulated at a rate of 4% of gross earnings and at

the employee' option, paid in addition to weekly earnings, or at a rate of 2% for each

week of eligible vacation when taken. Any unpaid vacation pay accumulated in each

year will be paid out on December 31st of each year.

12.02 The following Statutory Holidays will be granted to all employees with pay

at a rate of eight (8) hours per day:

New Year's Day Good Friday Victoria Day Canada Day

Labour Day Thanksgiving Day Christmas Day Boxing Day

It is understood that Vacation Pay and Statutory Holiday Pay shall be paid

to employees according to the Employment Standards Act.

12.03 It is understood that when a Holiday falls in the middle of the week, the

Employer, after consultation with the Steward, will have the option of scheduling the

Holiday on the Friday or Monday of the weekend preceding or following the Holiday.

Advance notice of at least one (1) week will be given with respect to the date scheduled.


The scheduled day will be in lieu of the Holiday and no overtime will be paid for work

done on the actual day of the Holiday.

ARTICLE 13 - HOURS OF WORK

13.01 The standard hours of work for employees covered by this Agreement

engaged in construction work as described in Article 2.02 of this Agreement, with the

exception of sewer and watermain work, bush operations and shop, shall be fifty-five (55)

hours per week, exclusive of travelling time to and from the job.

The standard hours of work for employees engaged in sewer and watermain

work, shall be fifty (50) hours per week, exclusive of travelling time to and from the job.

The standard hours of work for bush operations shall be forty-four ( 44)

hours per week exclusive of travelling time to and from the job.

The standard hours of work for shop employees shall be forty-four (44)

hours per week.

13.02 Employees may take a ten (10) minute coffee break during each half shift

without loss of pay.

13.03 It is understood that the employees are entitled to one-half hour for lunch

without pay during the working period, when designated by the Employer, at a time

between 11:00 a.m. and 1:30 p.m.

ARTICLE 14 - OVERTIME

14.01 All authorized hours of work performed in excess of the standard hours of

work as set out in Article 13.01 shall be paid for at the rate of one and one-half (1 112) the

employee's regular basic hourly rate.

14.02 Overtime rates do not apply to emergency work, such as snow removal,

sanding, etc., unless required by the Employment Standards Act of Ontario.


ARTICLE 15- ROOM AND BOARD

15.01 Except as specified in this clause herein/ on out-of-town work1 where an

employee is required by the Employer to stay overnight1 the Employer will provide suitable

free room and board.

15.02 It is agreed by the parties that employees hired at the job site will not

qualify for room and board allowance.

ARTICLE 16- TRAVEL ALLOWANCE

16.01 Effective on signing/ when an employee is required to travel to a job site

from their place of hire/ the employee shall receive thirty-one cents (31¢) per mile plus

one (1) hour's pay for every fifty miles/ or any portion thereof/ and on completion of the

job/ return fare of thirty-one cents (31¢) per mile/ plus one (1) hour's pay for every fifty

(50) miles or any portion thereof. It is understood that the thirty-one cents (31¢) per mile

allowance is to be paid for employees using their own vehicles only. Employees travelling

in Company owned vehicles shall not receive the thirty-one cents (31¢) per mile

allowance. In order for an employee to qualify for travel allowance/ an employee shall

remain on the job for fifteen (15) days/ or completion of the job/ whichever first occurs.

Employees who quit or are discharged for just cause will not be eligible for this payment.

Effective February 11 20061 the above amounts shall be increased to thirty

two cents (32¢) per mile.

Effective February 1, 20071 the above amounts shall be increased to thirty

three cents (33¢) per mile.

Effective February 11 2008, the above amounts shall be increased to thirty

four cents (34¢) per mile.


ARTICLE 17- COMMUTING ALLOWANCE

17.01 When an employee is required to commute to jobs, the first one-half hour

each way will be free, then the employee will be paid straight time for commuting.


ARTICLE 18 - DURATION OF AGREEMENT

18.01 This Agreement shall become effective on the 1st day of February, 2005,

and shall remain in effect until the 31st day of January, 2009, and shall continue in force

from year to year thereafter/ unless either party shall furnish the other with notice of

termination or proposed revision of this Agreement not more than ninety (90) days nor

less than thirty (30) days prior to the 31st day of January, 2009, or in a like period in any

year thereafter.

IN WITNESS WHEREOF the parties have caused their proper officers to

/'ld // "'-affix their signatures this -~ day of U:4:?'1.-<-{GVU-'[ , 20 & &.

On Behalf of:

HOEY AND MCMILLAN LIMITED

(Signature)

Shane McMillan

President

I

On Behalf of:

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

' Business Manager

Recording ecretary

A4/o.v.J{

Recommended by

Hoey and McMillan Limited, Box 430, Dryden, Ontario/ P8N 2Z2 1

Ph.: 807-223-6217/Fax: 807-223-7925.


SCHEDULE "A"

The following minimum hourly wage rates shall be effective from the dates shown:

Classification 1 - Engineers operating cranes, Clams, shovels, draglines, gradalls, and similar equipment

Effective on signing $18.76 Effective February 1, 2006 $19.21 Effective February 1, 2007 $19.66 Effective February 1, 2008 $20.11

Classification 2 - Hydraulic Backhoe of 1 % yard and over with attachments, Delimber, Feller Buncher, Saw Box-Slasher

Effective on siqninq $16.64 Effective February 1, 2006 $17.09 Effective February 1, 2007 $17.54 Effective February 1, 2008 $17.99

Classification 3 - Grader Operators "A"


Classification 4 - Grader Operators "B"


Classification 5 - Crawler-type tractors, bulldozers, scrapers, front-end loaders with attachments

Effective on signinq $15.58 Effective February 1, 2006 $16.03 Effective February 1, 2007 $16.48 Effective February 1, 2008 $16.93


SCHEDULE "A" continued

Classification 6 - On machines of Cat D6 and under, Instrumentmen


Classification 7 - Mechanics and Welders (fully qualified)


Classification 8 - Farm and Industrial Tractors with attachments


Classification 9 - Crusher Operators


Classification 10 -Self-propelled ride-on compaction equipment, Rodmen


Classification 11 - Mechanics Helper




Classification 12 - Service Truck


Classification 13 - Off-highway Vehicles (Volvo, etc.), Skidders


Classification 14- Float Driver and Boom Trucks (under 10 tons)


Classification 15 - Tandem Truck Driver


Classification 16 - Labourer


Classification 17 - Flagger

Effective on signing MTO Rate + 55¢ Effective February 1, 2006 MTO Rate + 55¢ Effective February 1, 2007 MTO Rate + 55¢ Effective February 1, 2008 MTO Rate + 55¢



An employee shall be considered probationary until he has completed a

probationary period of three (3) months consecutive employment with the Employer.

The employment of a probationary employee may be terminated at the

discretion of the Employer and may not be made the subject of a grievance or arbitration.

An employee who is laid off prior to the completion of his probationary period shall be

deemed terminated unless the Employer expressly stipulates otherwise, in writing.

A working foreman shall be paid an amount at least one dollar ($1.00) per

hour above the minimum rate for the highest classification supervised.

It is expressly agreed that no employee shall incur a reduction in their wage

package or in the level of any benefit, term or condition of employment, express or

implied, as a result of the signing and implementation of this Agreement.

Employees whose present wage rate is above the classification rates set out

in this Collective Agreement shall receive the same negotiated increases in each year.

Wage increases do not apply for work performed outside of this Collective Agreement.

collective agreement 31 between: jo lo l i . lc:>110 ls ... of buildings... · hoey and...

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