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LABOURERSGENERAL CONSTRUCTION

COLLECTIVEAGREEMENT

Between

CONSTRUCTION LABOUR RELATIONS -AN ALBERTA ASSOCIATION

LABOURERS (PROVINCIAL) TRADE DIVISIONPursuant to Registration Certificate No. 57

and

THE CONSTRUCTION AND GENERAL WORKERS’UNION LOCAL 92

and

THE CONSTRUCTION AND SPECIALIZEDWORKERS’ UNION LOCAL 1111

from September 2, 2007 to April 30, 2011

Part B Commercial/Institutional

Published November 8, 2007

TTAABBLLEE OOFF CCOONNTTEENNTTSSPART B: APPLICABLE TO COMMERCIAL/INSTITUTIONAL WORK1ARTICLE ONE - DURATION ....................................................1ARTICLE TWO - GEOGRAPHICAL JURISDICTION.....................2ARTICLE THREE - SCOPE ......................................................3ARTICLE FOUR - TRADE JURISDICTION .................................4ARTICLE FIVE - UNION RIGHTS (UNION SECURITY).................4ARTICLE SIX - UNION RECOGNITION AND

HIRING PROCEDURE ......................................6ARTICLE SEVEN - MANAGEMENT RIGHTS..............................8ARTICLE EIGHT - HOLIDAYS AND VACATIONS.........................9ARTICLE NINE - HOURS OF WORK .......................................10ARTICLE TEN - OVERTIME MEALS .......................................12ARTICLE ELEVEN - TRANSPORTATION, BOARD AND ROOM ..13ARTICLE TWELVE - WORKING CONDITIONS..........................17ARTICLE THIRTEEN - WAGES AND CLASSIFICATIONS...........18ARTICLE FOURTEEN - PAYMENT CONDITIONS .....................21ARTICLE FIFTEEN - GRIEVANCE PROCEDURE.......................24ARTICLE SIXTEEN - HEALTH AND WELFARE ..........................28ARTICLE SEVENTEEN - PENSION.........................................30ARTICLE EIGHTEEN - TRAINING ...........................................31ARTICLE NINETEEN - PRE-JOB CONFERENCE

AND MARK-UP MEETING......................33ARTICLE TWENTY - JURISDICTIONAL DISPUTES ..................33ARTICLE TWENTY-ONE - SUBCONTRACTING .......................34ARTICLE TWENTY-TWO - SAVING CLAUSE ............................34ARTICLE TWENTY-THREE - SPECIAL PROVISIONS..................35ARTICLE TWENTY-FOUR - ENABLING...................................35ARTICLE TWENTY-FIVE - FILING OF COPIES.........................36ARTICLE TWENTY-SIX - EMPLOYER ASSOCIATION FUNDS.....36ARTICLE TWENTY-SEVEN - SAFETY PROVISIONS ...................38SIGNATORY PAGE..................................................................39LETTER OF UNDERSTANDING................................................40ADDENDUM RESPECTING REFRACTORY CONSTRUCTION ......42RE: Canadian Model for Providing a Safe Workplace..............44

RE: Promoting Performance and Addressing Issues such asAbsenteeism and Turnover....................................................47RE: Industry wide method of cataloguing training completedand renewal dates................................................................48

PART B: APPLICABLE TO COMMERCIAL/INSTITUTIONALWORK

When the phrases “this Agreement” or “this CollectiveAgreement” are used in this Part, they shall, asappropriate, be read as “this Part of this CollectiveAgreement”.

For the purpose of obtaining gender neutral languagein this Agreement, in some instances, plural referencesshall be read to refer to the singular tense, for example“they” shall mean “he or she” in the singular, and “their”shall mean “his or her” in the singular.

ARTICLE ONE - DURATION

1.01 This Agreement shall be in full force and effect from thefifth day of September 2, 2007, up to and including the30th day of April 2011, and thereafter it shall berenewed from year to year unless notice for change ortermination is given as set forth below.

1.02 Either party to this Agreement may, not less than sixty(60) days or more than one hundred and twenty (120)days, immediately preceding the expiry date of thisAgreement, require by notice in writing to the otherparty by registered or certified mail, to commenceCollective Bargaining for the revision, renewal orreplacement of this Collective Agreement. If notice tonegotiate has been given, this Agreement shall remainin full force and effect until the commencement of alawful strike or lockout or until the date that a newCollective Agreement comes into effect.

1.03 Notwithstanding 1.02 above, either party to thisCollective Agreement may, not less than sixty (60) daysand not more than one hundred and twenty (120) daysimmediately preceding the expiry date of this

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Agreement, serve notice to the other party by registeredor certified mail of its intent to terminate this Agreementon the expiry date listed in 1.01 above.

1.04 The Employer agrees that there shall be no lockoutduring the term of this Agreement.

1.05 The Union agrees that there shall be no strike, stoppageof work, slow down or work to rule or other collectiveaction which would stop or interfere with the Employer‘soperations during the term of this Agreement.

ARTICLE TWO - GEOGRAPHICAL JURISDICTION

2.01 The geographical scope of this Agreement, as it appliesto each individual Employer, shall be that established byvoluntary recognition or certification as it applies toeach of the Employers within the Province of Alberta.

2.02 The geographical jurisdiction of each Local Union withinthis Collective Agreement is as defined below:

(a) Local 92 - That part of the Province of Alberta,from the south boundary line of Township 40,between the British Columbia and Saskatchewanborders. The jurisdiction of Local 92 shall alsoinclude that part of the Northwest Territoriesdirectly above the Provinces of Saskatchewan,Alberta, and British Columbia and that part ofNunavut Territory directly above the Provinces ofSaskatchewan and Alberta.

(b) Local 1111 - That part of the Province of Alberta,north of the 49th parallel (U.S. border) to the southboundary line of Township 40, between the BritishColumbia and Saskatchewan borders.

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ARTICLE THREE - SCOPE

3.01 Industrial Construction shall mean construction work inrespect of the plant process involved in, but not limitedto:• Electrical power generation, hydro or thermal

power plants;• Development of Mining and Smelting Properties;• Development of Oil Sands Properties;• Oil Refineries, Upgraders and all forms of

hydrocarbon production, extraction or processing;• Development of Chemical Plants, from any and all

forms of feed stocks or other sources;• Pulp, paper or timber/wood processing mills or

sawmills;• Toxic waste disposal systems;• Production and processing plants for natural gas,

liquid petroleum products and manufacturedgases;

• Base/Precious/Other Metal production plants orupgraders of any and all kinds;

• Pumping stations and compressor stations havinga capital value of new construction in excess oftwenty-five million dollars;

• Cement, lime and gypsum plants.

The above definition may be amended as may bemutually agreed by a Committee as set out in 23.02.Work with respect to the above definition is addressedby Part A of this Agreement.

This Committee shall meet at the request of either theEmployer or the Union, giving twenty-four (24) hours’notice, in writing, to the other party.

3.02 Commercial and Institutional work for the purposes ofthis Collective Agreement shall be defined as that workwithin the scope of Registration Certificate #57 which is

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not included within the work defined under Article 3.01of this Agreement.

3.03 The Employer recognizes the Union as the sole andexclusive bargaining agent for all of the Employer‘sEmployees as listed under the wage classifications inthis agreement, and including all Employees operatingall hand, electric, or combustion motor driven tools orequipment, necessary for the performance of the workof the above Employees, and also Labourers tending allcrafts, including mixing, handling and conveying allmaterials used by other crafts.

3.04 The Union recognizes the Association as the solebargaining agent for those Employers covered by thisAgreement.

ARTICLE FOUR - TRADE JURISDICTION

4.01 This agreement covers the rate of pay, rules andworking conditions for all Labourers and LabourForemen engaged on work coming within the scope ofRegistration Certificate #57 including the tending of allcrafts, and such work as has traditionally, historically orby area practice been the work of the Labourer.

ARTICLE FIVE - UNION RIGHTS (UNION SECURITY)

5.01 A Job Steward shall be recognized on all jobs and shallnot be discriminated against. The Steward shall be oneof the last members employed provided they arequalified for the classification of the work beingperformed. The Employer will notify the BusinessManager or Representative prior to the dismissal of theSteward, except for reasons of safety. Job Stewardsshall be allowed sufficient time to perform their dutiesprovided they have received approval from theirimmediate supervisor which shall not unreasonably be

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with-held. All Job Stewards shall be appointed by theBusiness Manager of the Local Union and the Employershall be notified in writing.

5.02 An Official Representative of the Union shall haveaccess to all jobs covered by this Agreement in carryingout their regular duties after first notifying theSuperintendent or person in charge and upon thecondition that they shall not interfere with theperformance of the work and agrees to comply with allsafety regulations on site. Information pertaining tojobsite locations shall be made available to the Unionrepresentative upon request.

5.03 The Union shall have the right to post approved noticesat the designated places on the job. All such noticesmust be authorized by the Union and approved by theEmployer‘s authorized Representative of the job.

5.04 The parties to this Agreement recognize the status ofthe individual Labourer as a Tradesperson. Neither partyshall knowingly allow any Labourer to be discriminatedagainst in respect to their rights under this Agreement,or their rights to fair treatment compared with otherTrades in working conditions, camp facilities,transportation and travel time on all job sites. It isunderstood that this clause is not intended to amendany of the terms of this Collective Agreement.

5.05 Except in situations where immediate discharge iswarranted, Employers are encouraged to follow aprogressive discipline procedure.

5.06 Wherever practical, the Job Steward shall havecompleted a comprehensive training program dealingwith the “Canadian Model Alcohol Guidelines and WorkRules”.

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5.07 The Employer agrees to deduct Union dues, includingworking dues and Building Trades Dues, as a conditionof employment. Initiation fees and assessments shallbe deducted immediately when the Employer ispresented with the properly signed authorization. Suchdues, initiation fees and assessments shall be receivedby the Secretary-Treasurer of the Union, accompaniedby a list of the Employees for whom the deductions aremade before the l5th day of the month following themonth in which the deductions are made. Thesedeductions shall be submitted to the Secretary-Treasurer of the appropriate Local Union.

ARTICLE SIX - UNION RECOGNITION AND HIRINGPROCEDURE

6.01 The Employer agrees to hire only members in goodstanding of Local 92 or Local 1111 when Employees arerequired. Members so hired shall be in possession ofand present either a Union Membership Card of Local92 or Local 1111 stamped up to date or a referral slipfrom the Union. When the Employer calls the Union forworkers and the Union is unable to supply competentworkers within twenty-four (24) hours exclusive ofSaturdays, Sundays and holidays, the Employer mayengage new workers directly on the understanding thatthey shall make application to become members of theUnion within fifteen (15) days of commencement ofemployment. Any such Employee who has not madeapplication to become a member of the Union within theallowed fifteen (15) days shall be terminated.

All Employees who are members in good standing ofthe Union and all Employees who become membersshall, as a condition of employment maintain theirmembership in good standing.

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6.02 Where an owner/client places local content hiringconditions on a project, the Parties agree that the localresident members of the Union shall have firstpreference of employment. A local resident shall bedefined for the purposes of this Agreement as a memberof the Union who has resided within a seventy (70)kilometer radius of the work site for a minimum periodof six months. If necessary the Union and theContractor will meet to insure that the Contractor is ableto meet such conditions.

6.03 The Parties to the Collective Agreement agree that theywill undertake a monitoring process to evaluate theemployment status of Local Resident Member residingin the Wood Buffalo region, and such other region wherea client expresses a concern during the term of theAgreement. If it is determined that there is anunderutilization of Local Resident Members the Partieswill meet and address the issue.

For the purposes of determining local residents in theFort McMurray area, residents of Anzac and SapraeCreek will be considered to be residents of FortMcMurray for projects north of Fort McMurray andresidents of Fort McKay will be considered to beresidents of Fort McMurray for projects located southof Fort McMurray.

Process for Determining Local StatusWhere a question arises as to whether a candidate foremployment qualified as a local resident, the designatedrepresentatives of the Council and of the CoordinatingCommittee, shall determine the individual’s acceptabilityas to residency only. The Liaison Committee mayprovide direction in addition to the guidelines set outbelow to determine the “real residency” test for thosepeople wishing to be designated as local residents.

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Guidelines for Determining “Real Residency”In making the determination as to whether a person isa “Local Resident” for the purposes of the Project Terms,the following factors will be taken into consideration:

(a) the dwelling place of the person’s spouse anddependents;

(b) personal property and social ties to thecommunity;

(c) residential ties elsewhere;

(d) permanence and purpose of residence in aparticular community;

(e) documentation of:

(i) property tax or rent receipts, telephone, gasor other utility receipts;

(ii) driver’s license;

(iii) vehicle registration or pink card;

(v) unemployment insurance documents;

(vi) voters’ list registration;

(vii) employee benefit fund administrationregistration.

6.04 On certain projects where client specifications requirethe hiring of visible minorities a Pre-job meeting will beheld between the Contractor, the Trade Division, and theUnion in order to accommodate the client requirements.

ARTICLE SEVEN - MANAGEMENT RIGHTS

7.01 Subject only to the terms of this Agreement, the Unionrecognizes the right of the Employer to the managementof its plant and the direction of the working forces,

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including the right to hire and select workers, promoteand/or transfer any Employee or to discharge anyEmployee for just cause, and further recognizes theright of the Employer to operate and manage itsbusiness in accordance with its commitments andresponsibilities including methods, processes andmeans of production or handling.

7.02 Employees party to this Agreement shall work under theconditions herein set out. The Employer shall be givenpreference in the supplying of Union Employees.

7.03 Employees who are working or are offered the numberof hours employment provided by this Agreement shallnot engage in any other employment within the scopeof this Agreement, or other work which interferes withtheir ability to perform their duties, for remuneration.

ARTICLE EIGHT - HOLIDAYS AND VACATIONS

8.01 All work performed on the following recognized holidaysand any such day as may be declared by the Federal orAlberta Governments shall be paid for at the rate ofdouble time (2x), plus any applicable shift differential asfollows:New Year’s Day Labour DayFamily Day Thanksgiving DayGood Friday Remembrance DayVictoria Day Christmas DayCanada Day Boxing DayFirst Monday in August

8.02 Where a General Holiday falls on a day for which theCollective Agreement requires, but for the GeneralHoliday, that overtime rates be paid for all hours worked,the General Holiday will be observed on the next day forwhich the Collective Agreement prescribes some or all

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hours at straight time rates for the regular working dayas set out in Article 9.03 or 9.06. Under thesecircumstances, work performed on the date on whichthe General Holiday falls will be paid at the overtimerates otherwise required by the Collective Agreement,and work performed on the day on which the GeneralHoliday is then observed will be paid at double time.

8.03 No work shall be performed on Labour Day, except forthe preservation of life or imminent danger to property.

8.04 The Employer shall pay to the Employee for each hourworked (not including any pay for time traveled) avacation allowance equal to six (6) percent of theEmployee‘s straight time hourly rate, and a holiday payallowance equal to four (4) percent of the Employee‘sstraight time hourly rate.

ARTICLE NINE - HOURS OF WORK

9.01 The following sections are designed to identify theregular hours of work, shift hours and overtime hoursand are not to be construed as a guarantee of hours ofwork per day, per week or with respect to days in anyweek.

9.02 Work Week

The regular working week shall consist of forty (40)hours of employment.

9.03 (a) The regular working day shall consist of eight (8)hours of employment normally worked between7:30 a.m. and 5:00 p.m., Monday through Friday.There shall be a lunch period of one (1) hour orone-half (½) hour duration.

(b) The Employer may vary the start/quit times by upto two (2) hours at their option. Variances of

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greater than two (2) hours shall be mutuallyagreed between the Employer and the Union.

9.04 (a) Shift work is defined as a continuous operationbut for lunch period, for which start times shall bebetween 12:00 noon and 4:00 a.m., for aminimum of two (2) consecutive working days.

(b) There shall be a shift premium of $1.25/hour, fora “second” or a “third” shift

(c) There shall be no pyramiding of premiums.

9.05 Overtime rates shall be as follows:

(i) time and one-half (1½x) for any overtimehours worked on a weekday, being Mondaythrough Friday inclusive.

(ii) time and one-half (1½x) for hours ofovertime worked on Saturday.

(iii) time and one-half (1½x) for hours ofovertime worked on Sunday, such overtimework to be voluntary.

(iv) double time (2x) for overtime worked forhours worked on a “general Holiday” as setout in Article 8.01 hereof.

9.06 Compressed Work Weeks

The Employer may schedule the regular work week infour (4) consecutive ten (10) hour days, at straight timerates, provided only that the four (4) ten (10) hour daysare scheduled during the Monday through Friday period.

9.07 For those Employees who so elect, regular hours lostduring the week due to inclement weather may berescheduled by the Employer to be made up onSaturday at straight time rates, up to a maximum of

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forty (40) hours per week (reduced appropriately whena statutory holiday occurs during that week).

9.08 A non-paid lunch break of either one-half (½) hour orone (1) hour duration will be taken half way througheach shift. However, if job conditions require, the lunchbreak may be moved up to one (1) hour in eitherdirection.

If an Employee is not provided time to commence theirlunch period between one (1) hour before and one (1)hour after the mid-point of the shift, they shall be paidat the applicable overtime rate for working through theirlunch period.

9.09 No Employee shall work more than one (1) straight timeshift in each consecutive twenty-four (24) hour period.An Employee shall continue to receive the overtime rateafter each shift until a break of eight (8) consecutivehours occurs.

ARTICLE TEN - OVERTIME MEALS

10.01 When Employees are required to work extended dailyhours in excess of eleven (11) hours, the Employer shallbe required, following the tenth (10) hour, to provide ameal at no cost to the Employees, for those involved.The Employee will be paid for the time spent consumingthe meal at the applicable hourly rate of pay oralternatively the foreman can designate a one-half hourmeal period at straight time rates. If no meal and timeto consume is provided, the Employer will provide atwenty ($20.00) dollar meal allowance in lieu of both.Should an Employee be required to continue work, thenan additional meal shall be supplied for work in excessof every four (4) hours under the same conditions asabove

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10.02 When Employees are required to bring their ownovertime meals, they will be allowed one-half hour toconsume the meal and will be paid for the said time atthe applicable hourly rate of pay.

10.03 Recognizing emergency situations do arise, if theEmployer has not scheduled in excess of the eleven (11)hour shift, the Employer shall be granted a one (1) hourextension where the Employer need not supply a mealreferred to above.

10.04 Where a supervisor is required to

(i) start up to one (1) hour earlier, or

(ii) finish up to one (1) hour later, or

(iii) start up to one half (½) hour earlier andfinish up to one half (½) hour later

than the supervisor’s crew, for the purposes oforganizing work or facilitating a transition to anothershift, the provisions of 10.01 and 10.02 will not applyunless those provisions are applicable to the rest of thecrew.

ARTICLE ELEVEN - TRANSPORTATION, BOARD AND ROOM

11.01 A seventy (70) kilometer free zone shall be establishedaround the center of every city, town or village in whichEmployees reside and around every place whereaccommodation is provided and/or paid for by theEmployer. This zone shall apply to all persons coveredby this Agreement except local residents.

The following conditions shall apply to all Employeesexcept local residents, within the following radial zones:

Zone 1: Within the Free Zones as noted above, allEmployees shall be responsible for their own

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transportation to and from the work site except thatwhere, on remote job sites, conditions are such thatprivate and public transportation is not available and thework area is beyond reasonable walking distance, thenthe Employer shall provide transportation.

Zone 2: The area lying within the next one hundred(100) kilometers beyond the boundary of the free zonesestablished above, is Zone 2. For any job site situatedwithin this area the Employer shall supply transportationto and from the work site to the place ofaccommodation or established central pick-up points,or, at their option, expressed by the Employer in writing,pay vehicle allowance at the rate of forty seven cents(47¢) per kilometer from the edge of the free zone, tothe job and back, to each Employee who, byarrangement with the Employer uses their own vehicleto provide transportation outside the free zone.

At the Employers option, camp or other board and roomaccommodations as provided for in Zone 3, may beprovided in this zone for each day worked.

Zone 3: The area lying within the next one hundred(100) kilometers beyond the boundary of Zone 2 asestablished above, is Zone 3. For any job site situatedwithin this area, the Employer shall provide at theiroption for each day worked:

(i) camp accommodation which conforms withthe specifications as negotiated by theAlberta Building Trades Council andConstruction Labour Relations in the 1999-2008 Camp Rules and Regulations, or anysuccessor thereto;

or

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(ii) reasonable room and board;

or

(iii) agreed subsistence allowance.

Zone 4: The area lying within the next one hundred(100) kilometers beyond the boundary of Zone 3, is Zone4. For any job situated within this area, the Employershall provide at their option on a seven day per weekbasis:

(i) camp accommodation as noted above:

or

(ii) reasonable room and board;

or

(iii) agreed subsistence allowance.

Zone 5: The area lying beyond the outer boundary ofZone 4, or areas within the above noted zones whichare inaccessible by automobile, is Zone 5. On jobswithin Zone 5 only, the Employer will allow a return tripto Edmonton or Calgary (whichever is closer) after eachsixty (60) days of employment on the project and shallgrant leave from work for a maximum period of five (5)calendar days. Such trips shall be paid one way uponleaving the job site and reimbursed for the return uponreporting to the job. Rate of reimbursement shall be theequivalent train, bus or air fare only as appropriate.

On remote job sites (i.e. those within Zone 5) and whenrequested by the Employee due to having insufficientfunds to return to point of hire, the Employer shallarrange transportation for the Employee to point of hireor supply him or her with an advance on wages due tohim or her.

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11.02 Effect of unauthorized absence on Room and BoardEntitlement.

(a) When an Employee fails to report when work isavailable on the working day immediatelypreceding or following bad weather or recognizedholidays other than for unavoidable causes, theyshall forfeit room and board for such absenteeismand for the bad weather days or recognizedholidays. When Saturday is not a working day andan Employee fails to report to work on Fridaywhen work is available, they shall forfeit room andboard for Friday, Saturday and Sunday. WhenSunday is not a working day and an Employeefails to report to work on Monday when work isavailable, they shall forfeit room and board forSunday and for Monday. An Employee shall alsoforfeit room and board for absenteeism on anyworking day for other than unavoidable causes.

(b) Unavoidable cause shall be deemed any illness orinjury other than caused by consumption ofalcohol and/or illicit drugs. The Employer mayrequest proof of illness or injury by way of a letterfrom a medical doctor.

(c) In cases of illness or injury the Employer maychoose to provide transportation expenses topoint of hire rather than provide room and boardentitlements.

(d) Where the Employers costs are fixed (as for Campaccommodation or long term room leases) theEmployee shall not be back-charged for suchfixed costs, but, where subsistence allowance ispaid then the Employee shall not be paid for daysmissed as detailed above.

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ARTICLE TWELVE - WORKING CONDITIONS

12.01 The Employer shall provide suitable, clean and enclosedsanitary facilities, heated in cold weather and as soonas job conditions permit, modern flush toilets, urinalsand wash basins are to be provided on all jobs by theEmployer.

12.02 The Employer shall provide a lunch room of adequatesize, heated in cold weather and kept clean. This lunchroom shall not be used as a storage room. Drinkingwater, in closed containers, to be replaced daily andmore often, if necessary, on hot days and individualpaper cups shall be provided on all jobs.

12.03 Protective clothing which is not normally worn by theEmployee in the ordinary performance of their workshall be supplied by the Employer at no expense to theEmployee.

12.04 Two (2) work (coffee) breaks of ten (10) minutesduration will be allowed each day during normalworking hours, one in the first half and one in thesecond half of each shift or shifts. If extended overtimeis required, additional coffee breaks shall be permittedduring such overtime after each two (2) hours followingeach overtime meal break.

12.05 Starting and quitting time shall be at the Employee‘sstation of work or at the location agreed in the pre-jobmark-up meeting.

12.06 Employees will not be required to work less than theregular hours as outlined in Article 9.00 of thisAgreement because of the starting and quitting time ofany trade engaged on the job.

12.07 An Employee who is injured in the course of performingtheir duties on the job the Employee shall be paid for

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that portion of the regular work day for which theEmployee was unable to continue work.

12.08 A copy of the Occupational Health and Safety Inspector’sreport shall be posted at the project or job site lunchrooms.

ARTICLE THIRTEEN - WAGES AND CLASSIFICATIONS

13.01 APPLICABLE TO COMMERCIAL/INSTITUTIONAL WORK

COMMERCIAL TERMSHoliday Health

Base and and GrossEffective Date Rate Vacation Welfare Pension Training RateCertified LabourerSeptember 2, 2007 $20.65 $2.07 $1.35 $1.80 $0.10 $25.97November 4, 2007 $21.17 $2.11 $1.35 $1.80 $0.10 $26.53May 4, 2008 $22.31 $2.23 $1.35 $1.80 $0.10 $27.79May 3, 2009 $23.95 $2.40 $1.35 $1.80 $0.10 $29.60May 2, 2010 $25.22 $2.52 $1.35 $1.80 $0.10 $30.99

Uncertified Labourer Rate(93% of Certified Labourers Base RateSeptember 2, 2007 $19.20 $1.92 $1.35 $1.80 $0.10 $24.37November 4, 2007 $19.68 $1.97 $1.35 $1.80 $0.10 $24.90May 4, 2008 $20.75 $2.08 $1.35 $1.80 $0.10 $26.08May 3, 2009 $22.27 $2.23 $1.35 $1.80 $0.10 $27.75May 2, 2010 $23.45 $2.35 $1.35 $1.80 $0.10 $29.05

Entry Level 2 (85% of Certified Labourers Base Rate for 900 hoursfollowing completion of Entry Level 1)

$17.50 $1.75 $1.35 $1.80 $0.10 $22.50November 4, 2007 $17.99 $1.80 $1.35 $1.80 $0.10 $23.04May 4, 2008 $18.96 $1.90 $1.35 $1.80 $0.10 $24.11May 3, 2009 $20.36 $2.04 $1.35 $1.80 $0.10 $25.65May 2, 2010 $21.44 $2.14 $1.35 $1.80 $0.10 $26.83

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Entry Level 1 (73% of Certified Labourers Base Rate for first 300hours of employment)September 2, 2007 $15.00 $1.50 $1.35 $1.80 $0.10 $19.75November 4, 2007 $15.45 $1.55 $1.35 $1.80 $0.10 $20.25May 4, 2008 $16.29 $1.63 $1.35 $1.80 $0.10 $21.17May 3, 2009 $17.48 $1.75 $1.35 $1.80 $0.10 $22.48May 2, 2010 $18.41 $1.84 $1.35 $1.80 $0.10 $23.50

Bricklayer HelperSeptember 2, 2007 $22.39 $2.24 $1.35 $1.80 $0.10 $27.88November 4, 2007 $22.95 $2.29 $1.35 $1.80 $0.10 $28.49May 4, 2008 $24.05 $2.40 $1.35 $1.80 $0.10 $29.70May 3, 2009 $25.80 $2.58 $1.35 $1.80 $0.10 $31.63May 2, 2010 $27.15 $2.71 $1.35 $1.80 $0.10 $33.11

Bricklayer Helper Entry Level 2 (80% of Bricklayer Helper Rate for900 hours following completion of Entry Level 1)September 2, 2007 $18.00 $1.80 $1.35 $1.80 $0.10 $23.05November 4, 2007 $18.36 $1.84 $1.35 $1.80 $0.10 $23.45May 4, 2008 $19.24 $1.92 $1.35 $1.80 $0.10 $24.41May 3, 2009 $20.64 $2.06 $1.35 $1.80 $0.10 $25.95May 2, 2010 $21.72 $2.17 $1.35 $1.80 $0.10 $27.14

Bricklayer Helper Entry Level 1 (74% of Bricklayer Helper Rate forfirst 300 hours of employment)September 2, 2007 $16.50 $1.65 $1.35 $1.80 $0.10 $21.40November 4, 2007 $16.98 $1.70 $1.35 $1.80 $0.10 $21.93May 4, 2008 $17.80 $1.78 $1.35 $1.80 $0.10 $22.83May 3, 2009 $19.09 $1.91 $1.35 $1.80 $0.10 $24.25May 2, 2010 $20.09 $2.01 $1.35 $1.80 $0.10 $25.35

* For Entry Level 1 Labourers and Bricklayer Helpers in theirfirst 300 hours of employment, the amount designated asPension contribution will be submitted by FundsAdministrative Services to the Labourers’ Training Trust Fund

13.02 Rates for those not engaged in Bricklayer Helper workare set at 73% of the Certified Labourer rate for the first300 hours, 85% of the Certified Labourer rate for the

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next 900 hours, and 93% of the Certified Labourer Ratefor the Uncertified Labourer. In order to advance to thenext level the worker must have met the standards ofthe Construction Craft Labourer Training Program. AnEmployer may employ 1 entry level for each 2 labourers(either certified or non-certified) employed.

13.03 Rates for those engaged in Bricklayer Helper work areset at 74% of the Bricklayer Helper rate for the first 300hours, and 80% of the Bricklayer Helper rate for the next900 hours, and the full Bricklayer Helper Rate thereafter.

13.04 Labour Foremen shall receive not less than 10% perhour over the highest classification working under them.Labour Foremen shall be those workers who normallydo labourers craft work during the course of theiremployment and/or are designated as labourer foremenon the company payroll.

13.05 (a) If any Contractor is found by the Trustees of therespective funds to be in default in remittingpayments required to be made pursuant toArticles 16, 17, and 18 of the Agreement and ifsuch default continues for 20 days thereafter, thecontractor shall pay to the applicable Trust Fundas liquidated damages and not as a penalty, anamount equal to 10% of the arrears for eachmonth or part thereof in which the contractor isin default. The failure to pay each month shallconstitute a separate offense, and shall subjectthe Contractor to the 10% payment. Thereafterinterest shall run at the rate of 2% per month onany unpaid arrears, including liquidated damages.

(b) Where an Employee performs work that wouldrequire the Employer to contribute hourlycontributions to the Trust Funds set out in this

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Agreement, at such an hourly contribution rate asmay from time to time be applicable in theCollective Agreement, then the Employer shall andshall be deemed to have kept such moniesseparate and apart from their own monies andshall be deemed to hold the sum so deducted inTrust on behalf of the Employees until theEmployer has paid such monies to the applicableTrust Fund. Further, in the event of any liquidation,assignment or bankruptcy of such an Employer,an amount equal to the amount that is owed tothe applicable Trust Fund by the Employer onwhose behalf Employees have performed workentitling them to receive contributions to theFund(s) and such a Fund shall be deemed to beseparate from and form no part of the estate inliquidation, assignment or bankruptcy, whether ornot that amount has in fact been kept separateand apart from the Employer’s own money orfrom the assets of the estate.

(c) In those instances where an Employer may bedelinquent on the payment of remittancespursuant to Articles 16, 17, and 18 of theAgreement it shall remain the responsibility of theEmployer to ensure that all outstandingremittance forms are filled out completely, andprovided monthly to the Union and/or affectedTrust Funds.

ARTICLE FOURTEEN - PAYMENT CONDITIONS

14.01 (a) Employees shall be paid by cheque or by directdeposit to the bank account of the Employee’schoice, weekly or every second week and notmore than five (5) days’ pay may be held back,

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unless other arrangements are made between theEmployer and the Union. Employees paid bycheque are to be paid before the end of theirregular shift, except when they are required towork a second or third shift on pay day, in whichcase they shall be paid on the preceding day.Employees paid by direct deposit will have thedeposit made on pay day.

(b) When Employees are laid-off or discharged, theyshall be paid the wages due to them and giventheir record of employment, not later than the nextregular pay day. In the case where the Employerpays by cheque and has not established a payoffice at the jobsite payment will be mailed withinone (1) working day. Employees paid by directdeposit will be paid on the next regular pay daywhen the time owing would have been normallypayable.

(c) When an Employee who is paid by chequevoluntarily terminates their employment, theEmployer will mail their wages to their last knownaddress without undue delay but no longer thantwo (2) working days (excluding Saturday, Sunday,and holidays) after termination. Employees paidby direct deposit will be paid on the next regularpay day when the time owing would have beennormally payable.

(d) Any Employee who terminates their employmentwhile away from the project will notify the payrolloffice immediately and will receive theirpaycheque in accordance with this Article andtheir personal belongings may be shipped collectto their last known address unless previousarrangements have been made.

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(e) Where the Employer terminates or lays-off anEmployee while away from the project, anypersonal belongings will be shipped prepaid totheir last known address unless alternativearrangements have been made.

(f) The Employer shall make arrangements for theEmployees to cash their paycheques withoutexchange cost at a chartered bank.

14.02 The Employer agrees to provide, each pay period, acomplete statement for each Employee showing datesof payroll period covered, social insurance number andshowing separate totals of the following:(a) straight-time hours paid(b) overtime hours paid(c) shift premium paid(d) Statutory Holiday pay (e) vacation pay(f) travel time(g) subsistence allowance

14.03 The Employer shall further provide each Employee witha statement of their earnings for each pay periodshowing all amounts deducted.

14.04 Statutory Holiday pay and vacation pay shall be paid toeach Employee every pay period.

14.05 Payroll Failures. Where there have been recentinstances of payroll failures by an Employer affectingEmployees under the terms of this Agreement, the Unionshall have the right to require that Employer to provideproof of financial responsibility or require that paymentof wages and other payroll requirements be by cash orcertified cheque paid weekly.

14.06 If an Employer fails to pay the monies due as statedunder 14.01 of this part of this Agreement, the Employer

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shall pay the Employee(s) for such time, up to amaximum of four (4) hours pay for each twenty-four (24)hours that the Employee has been kept waiting for theirmonies, commencing with the day after the Employerhas been notified by the Union, on behalf of theEmployee, of non-receipt of pay. This time period shallexclude Saturdays, Sundays, and Statutory Holidays.

No payment for waiting time shall be applicable when aclerical and/or mathematical error is made incalculating monies due as stated under 14.01. TheEmployer shall mail the balance due within twenty-four(24) hours or as agreed to between the Employer andthe Union.

ARTICLE FIFTEEN - GRIEVANCE PROCEDURE

15.01 All differences between the Employer and the Unionregarding the interpretation, application, operation, oran alleged violation of this Agreement shall be settledwithout stoppage of work or lockout by negotiation or ashereinafter provided. All time limits in this Article maybe extended only by mutual consent between theEmployer and the Union.

15.02 Either the Union or the Employer may institute agrievance under the terms of this Agreement within fiveworking days of becoming aware of the incidentcomplained of. If they fail to settle same within five (5)days after the grievance is instituted, either party mayproceed to take the grievance to an arbitrator asprovided in 15.05.

15.03 An aggrieved Employee shall submit their complaint tothe steward, or in their absence, to an officialrepresentative of the Union, who shall endeavor to settlethe complaint between the Employee and their

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immediate supervisor within five days of the firstoccurrence of the incident complained of.

15.04 If the complaint is not settled within two (2) days(excluding Saturdays, Sundays, and Holidays), it may bereferred to the Project Manager and an Officialrepresentative of the Union.

15.05 If a grievance between an Employee and the Employerand the Union has not been settled as provided forabove, the grievance shall be set in writing stating thenature of the complaint, the section or sections of theAgreement infringed upon or claimed to have beenviolated and the remedy or correction claimed. Withinten working days (Monday through Friday excludingstatutory holidays) of the first occurrence of the incidentcomplained of the Union or its representative mayprocess the grievance at this point on behalf of theEmployee.

15.06 Pre-Arbitration Process

(a) If a grievance has not been resolved following thepreceding steps of the Grievance Procedure, thegrievance shall be referred to a Joint GrievancePanel (JGP), unless one of the parties to thegrievance serves notice of an intention to bypassthe JGP in favour of referring the matter directlyto arbitration.

(b) In the event a party serves notice of an intentionto bypass the Joint Grievance Panel, the mattermay be referred to arbitration within 10 days(excluding Saturdays, Sundays, and StatutoryHolidays) of such notice being served.

(c) Such Joint Grievance Panel will consist of twoappointees of the Employer and two appointeesof the Union. No person shall be appointed who

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has a direct personal interest in the subject matterof the grievance, and/or has had a direct personalinvolvement in earlier attempts to settle thegrievance. No representative of/spokesman forthe Union or for the subject Registered Employers’Organization shall be appointed.

(d) The Joint Grievance Panel shall hold a hearing intothe matter within ten days (excluding Saturdays,Sundays, and Statutory Holidays) of beingappointed and shall issue their recommendationforthwith, but in any event within three days(excluding Saturdays, Sundays, and StatutoryHolidays) of the date the hearing was held.

(e) Each of the parties shall advise the other, withinfive days of receipt of the recommendation(excluding Saturdays, Sundays, and StatutoryHolidays), as to whether they accept or reject therecommendation.

(f) In the event the parties to the grievance acceptthe recommendation of the JGP, the grievanceshall accordingly be resolved, and the parties shallimplement the recommendation within ten days(excluding Saturdays, Sundays, and StatutoryHolidays), or in any event in accordance with suchother implementation schedule as may beincluded in the JGP recommendations.

(g) In the event either Party determines that it is notprepared to accept the recommendation of theJGP, either Party may then refer the matter toArbitration within 10 days (excluding Saturdays,Sundays, and Statutory Holidays) of receipt of theJGP recommendations.

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(h) No lawyers shall be permitted to participate in theJGP proceedings.

15.07 If the complaint is not settled following the precedingsteps of the Grievance procedure, it shall be referred toan Arbitration Board within the time limits set out in15.06 (g) above; by mutual consent of the parties thistime limit may be extended. The Arbitration Board shallbe comprised of one (1) member appointed by theEmployer, one(1) by the Union and a neutral Chairpersonby its members. Each party shall bear the expense oftheir appointee.

If either party fails to appoint a member to theArbitration Board within ten (10) days, or if theappointed member cannot agree on a naturalChairperson within fourteen (14) days of theappointment of the second member, such appointmentsshall be made in accordance with the Labour RelationsCode.

Alternatively, the matter may be referred to a singleArbitrator if mutually agreed in writing between theEmployer and the Union.

15.08 The parties agree that the unsuccessful party will paythe expenses of the arbitrator.

15.09 The arbitrator shall give their decision not later thanfourteen (14) days after their appointment except withthe consent of both parties, such limitation of time maybe extended.

15.10 If both Chairmen of the Negotiating Committeessignatory to this Agreement agree to the intent of anyArticle in this Agreement, the arbitrator shall accept thatas evidence at the grievance hearing.

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15.11 The arbitrator may not change, modify or alter any ofthe terms of this Agreement. All differences submittedshall present an arbitrable issue under this Agreementand shall not depend on or involve an issue orcontention by either party that is contrary to anyprovision of this Agreement or that involves thedetermination of a subject matter not covered by orarising during the term of this Agreement, except asprovided for in the Labour Relations Code.

15.12 The parties agree that an award of such arbitrator maybe enforced under the proper provisions of the LabourRelations Code.

ARTICLE SIXTEEN - HEALTH AND WELFARE

16.01 The parties hereto acknowledge the Laborers’ Health &Welfare Trust Fund of Western Canada. Each Employersignatory hereto shall contribute the amount specified inArticle 13 for each and every hour worked by anEmployee under the job classifications set out in theAgreement. Contributions shall be made on the basis offull or half hours and shall be made solely by theEmployer and no Employer shall deduct suchcontributions or any portion thereof from theEmployee‘s wages. Such contributions are in excess ofwages rates set out in the Agreement and do notconstitute a payment of wages or any portion of apayment of wages.

16.02 Upon the wages of an Employee becoming due, thecontributions outlined in Article 16.01 shall becalculated by the Employer and set aside for theTrustees of the said Fund and the gross contributionsfor the Employer for all hours worked by all Employeesin the said classifications in a month shall be forwardedby the Employer to the said Fund at:

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9th Floor, 9707 - 110 Street,Edmonton, Alberta T5K 3T4,

no later than the fifteenth (15th) day of the followingmonth.

16.03 It is understood that the contributions negotiated underthis Article are for the benefit of members of the Unionas recognized by the Trustees of the said Fund who shallcontinue to have full discretion to make, from time totime, reasonable rules in this respect.

16.04 Either of the parties to this Agreement may request theTrustees of the above Fund to authorize an independentinspection of any Employers‘ pay records and theEmployer hereby agrees to any such inspection.

16.05 Notwithstanding any provision of this CollectiveAgreement or of any other document, including anydocument respecting the establishment oradministration of the said Fund, the Employer‘s liabilityto the said Fund shall be limited to remittance of theabove noted contributions in the manners and at thetimes set out herein.

16.06 Where an Employee performs work that would requirethe Employer to contribute hourly contributions to theHealth and Welfare Trust Fund in the amount specifiedin this Collective Agreement then the Employer shallkeep, and shall be deemed to have kept, such anamount separate and apart from their own monies andshall be deemed to hold the sum so deducted in Trust onbehalf of Employees until the Employer has paid suchmonies to the applicable Trust Fund. Further, in theevent of any liquidation, assignment, or bankruptcy ofsuch an Employer, an amount equal to the amount thatis owed to the applicable Trust Fund by the Employer

29

on whose behalf Employees have performed workentitling them to receive contributions to the Fund as isherein before provided for, is deemed to be held in Trustfor the Trustees of this Trust Fund and such a Fund shallbe deemed to be separate from, and form no part of,the estate in liquidation, assignment, or bankruptcy,whether or not that amount has in fact been keptseparate and apart from the Employer‘s own money orfrom the assets of the estate.

ARTICLE SEVENTEEN - PENSION

17.01 The Employer will pay into the Laborers’ Pension Fundof Western Canada the amount specified in Article 13for all hours worked by Employees covered by thisAgreement. The Employer agrees to contribute for eachand every hour worked by an Employee under the jobclassifications set out in the Agreement.

Contributions shall be made on the basis of full or halfhours and shall be made on the basis of hour worked.

17.02 All payments shall be made not later than the fifteenth(15th) day of the month following the month for whichthe payment is to be made.

17.03 Payment to be forwarded to the Laborers’ Pension Fundof Western Canada located at:

9th Floor, 9707 - 110 Street,Edmonton, Alberta T5K 3T4,

or such other place as the Trustees may designate fromtime to time.


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17.06 Where an Employee performs work that would requirethe Employer to contribute hourly contributions to theLaborers’ Pension Fund of Western Canada in theamount specified in this Collective Agreement then theEmployer shall keep, and shall be deemed to have kept,such an amount separate and apart from their ownmonies and shall be deemed to hold the sum sodeducted in Trust on behalf of Employees until theEmployer has paid such monies to the applicable TrustFund. Further, in the event of any liquidation,assignment, or bankruptcy of such an Employer, anamount equal to the amount that is owed to theapplicable Trust Fund by the Employer on whose behalfEmployees have performed work entitling them toreceive contributions to the Fund as is herein beforeprovided for, is deemed to be held in Trust for theTrustees of this Trust Fund and such a Fund shall bedeemed to be separate from, and form no part of, theestate in liquidation, assignment, or bankruptcy,whether or not that amount has in fact been keptseparate and apart from the Employer‘s own money orfrom the assets of the estate.

ARTICLE EIGHTEEN - TRAINING

18.01 The purpose of the Training Fund shall be to provideworkers the opportunity to acquire and improve theirskills.

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18.02 The Fund shall be administered by a Board of Trusteeswith equal representation from the Union and theEmployers.

18.03 The Employer will contribute the amount specified inArticle 13 for each hour worked by each Employeecovered by this Agreement.

18.04 Such contributions shall be remitted to the Construction& General Workers’ Training Trust Fund of Alberta andNorthwest Territories, and be payable by the fifteenth(15th) day of the month following. Payment to beforwarded to this Fund at the following address:

Construction & General Workers’ Training Trust Fund of Albertaand Northwest Territories9th Floor, 9707 – 110 St.Edmonton, AlbertaT5K 3T4



18.07 Where an Employee performs work that would requirethe Employer to contribute hourly contributions to theTraining Trust Fund in the amount specified in thisCollective Agreement then the Employer shall keep, andshall be deemed to have kept, such an amount separate

32

and apart from their own monies and shall be deemedto hold the sum so deducted in Trust on behalf ofEmployees until the Employer has paid such monies tothe applicable Trust Fund. Further, in the event of anyliquidation, assignment, or bankruptcy of such anEmployer, an amount equal to the amount that is owedto the applicable Trust Fund by the Employer on whosebehalf Employees have performed work entitling themto receive contributions to the Fund as is herein beforeprovided for, is deemed to be held in Trust for theTrustees of this Trust Fund and such a Fund shall bedeemed to be separate from, and form no part of, theestate in liquidation, assignment, or bankruptcy,whether or not that amount has in fact been keptseparate and apart from the Employer‘s own money orfrom the assets of the estate.

ARTICLE NINETEEN - PRE-JOB CONFERENCE AND MARK-UP MEETING

19.01 For continuous and harmonious labour relations, theEmployer agrees that in the event a Pre-Job Conferenceor Mark-Up Meeting is arranged, the appropriate LocalUnion shall be notified prior to the Conference.

19.02 The purpose of the Pre-Job Conference and Mark-Upmeeting is to discuss such matters as workassignments, construction methods and scheduling,manpower requirements, safety, equipment lists andother job related matters.

ARTICLE TWENTY - JURISDICTIONAL DISPUTES

20.01 There shall be no strikes or lock-outs by the Union or theEmployer during the term of this Agreement because ofa jurisdictional dispute.

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20.02 When requested by the Union, where feasible, theEmployer shall furnish to the Local Office of the Uniona signed letter on Employer stationery stating that theLabourers were assigned and employed on certainitems of work in accordance with jurisdictionalAgreements which will be specified for that givenproject.

20.03 In the event of a jurisdictional dispute the Employer shallmake an immediate assignment, in writing, of thedisputed work and shall not change the assignmentuntil a settlement is reached between the disputingparties. If no settlement is effected then the dispute willbe settled finally, in accordance with the proceduresoutlined in the Jurisdictional Assignment Plan of theAlberta Construction Industry.

ARTICLE TWENTY-ONE - SUBCONTRACTING

21.01 Limitations on subcontracting will be waived for theduration of this Collective Agreement. It is understoodand agreed that work performed during the term of thisCollective Agreement shall not be used to establish apattern of work “regularly and routinely performed bythe Employer’s own forces” upon the re-implementationof this clause in any subsequent Collective Agreement.

ARTICLE TWENTY-TWO - SAVING CLAUSE

22.01 If any provision of this Agreement is in conflict with thelaws or regulations of Canada or Alberta, suchprovisions shall be superseded by such law orregulation. Unless prohibited from doing so by such lawor regulation, or by a ruling of any Court or Board ofcompetent jurisdiction which has declared this provisionof this Agreement invalid or inoperable, the Associationand the Union, within fifteen (15) days’ notice of either

34

upon the other, shall commence negotiations the soleand restricted purpose of which shall be to provideadequate legal replacement of such provision. In theevent that such negotiations do not result in agreementupon a legal replacement for such provision withinseven (7) days of commencement of negotiations, orsuch longer period as may be mutually agreed betweenthe parties, the matter shall be resolved in accordancewith the Grievance & Arbitration provisions of thisAgreement.

ARTICLE TWENTY-THREE - SPECIAL PROVISIONS

23.01 Stacks, chimneys and silos, as covered under the scopeof the National Agreement for Canada, October, 1982,are excluded from this Agreement.

23.02 A Consultative Committee, two (2) from each UnionLocal (total of four (4)), and four (4) from the CLR-A shallbe established. A quorum shall be a minimum of one (1)representative from each Local Union and a minimum oftwo (2) representatives from the CLR-A.

This Committee may agree to recommend changes tothe provisions of this Agreement to provide for greateruniformity and/or conditions unique to the special needsof the industry. Mutual agreement requires theagreement of both Local Unions and the CLR-A.

Any changes to the Agreement must be ratified by theCLR-A Labourers (Provincial) Trade Division and LocalNo. 92 and Local No. 1111 before they areimplemented.

ARTICLE TWENTY-FOUR - ENABLING

24.01 It is recognized that from time to time certain terms andconditions of employment for Labourers may require

35

alteration from those contained in this CollectiveAgreement in order to enable the Contractor to obtaincertain work or execute certain work in a manner thatis deemed to be prudent. Requests for suchamendments must be made by the CLR-A on behalf ofthe Contractor(s) affected and agreed by the BusinessManager of the appropriate Local Union except asprovided for below.

24.02 Where it is necessary for an Employer to enable thewage rate paid on a Commercial or Institutional projectand the Carpenters are also participating on that projectand have agreed to enable their wage rate, theLabourers base rate may be set by that Employer to aminimum of 75% of the enabled Journeyman Carpenterrate. The Union should be advised by the Employer ofcircumstances where these enabled rates are beingpaid.

24.03 Special project needs will be addressed by the Parties,in concert with other stakeholders, in accordance withthe process established by the Alberta Building TradesCouncil and the Coordinating Committee of RegisteredEmployers’ Organizations.

ARTICLE TWENTY-FIVE - FILING OF COPIES

25.01 A copy of the Agreement shall be deposited with AlbertaEmployment, Immigration and Industry within one (1)month of the date of signing.

ARTICLE TWENTY-SIX - EMPLOYER ASSOCIATION FUNDS

26.01 The Employer shall complete and forward, with thecontributions the reporting forms as required.

(a) In satisfaction of the Employers’ obligations tothe Association under section 163 of the Alberta

36

Labour Relations Code and in satisfaction of theEmployers’ obligations under this CollectiveAgreement, the Employer shall pay toConstruction Labour Relations - An AlbertaAssociation (the “C.L.R.”) the contribution ratesfor C.L.R. sponsored initiatives, and the hourlydues levied by the C.L.R. pursuant to section 163of the Code and pursuant to this CollectiveAgreement. The amounts of the contribution ratesand dues shall be established by the C.L.R., andany or all of them may be changed by the Boardof Directors of Construction Labour Relations – AnAlberta Association, and notice to an Employerand the Union from the Association respectingsuch amendment shall be sufficient.

(b) In the event of a failure on the part of anyEmployer to contribute to the Association thecontribution rates and dues required to becontributed pursuant to section 163 of the LabourRelations Code and pursuant to this Letter ofUnderstanding, the Association may, at the solechoice and prerogative of the Association, collectthe dues as a debt payable by application to theLabour Relations Board and/or by other civilaction, or may collect the dues by way of agrievance filed, notwithstanding any otherprovision of this Collective Agreement, by theAssociation in its own name against the subjectEmployer. Such a grievance may be referred bythe Association to arbitration without beingprocessed through any intervening steps otherthan written notice of the grievance and thereference of the grievance to arbitration. Theparties to the grievance for the purposes ofappointment of the arbitration tribunal shall be the

37

Association and the subject Employer. TheAssociation may not, however, simultaneouslypursue a violation of this Letter of Understandingthrough application to the Labour Relations Boardand/or other civil action and through the grievanceprocedure.

(c) All cost relating to the administration of thefund(s) shall be borne by the association.

ARTICLE TWENTY-SEVEN - SAFETY PROVISIONS

27.01 The Parties agree that the Canadian Model for Providinga Safe Workplace - Alcohol and Drug Guidelines andWork Rule will apply on all work sites.

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SIGNATORY PAGE

Signed this _________ day of _________________, 2007.

Signed on behalf of Signed on behalf of Construction Labour Relations The Construction and - An Alberta Association General Workers’ Union - Labourers (Provincial) Union Local 92,Trade Division Edmonton, Alberta, and

The Construction andSpecialty Workers’Union Local 1111Calgary, Alberta

R. N. Tidsbury, President Mike ReidConstruction Labour Relations Business Manager

Local Union No. 92

Rick MartinBusiness ManagerLocal Union No. 1111

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LETTER OF UNDERSTANDING

BY AND BETWEEN

CONSTRUCTION LABOUR RELATIONS - AN ALBERTA ASSOCIATION

LABOURERS (PROVINCIAL) TRADE DIVISION(the “Association”)

AND

THE CONSTRUCTION AND GENERAL WORKERS' UNION LOCAL 92

andTHE CONSTRUCTION AND SPECIALIZED WORKERS’

UNION LOCAL 1111(both together or individually referred to as the “Unions”)

Whereas: The Parties to this Agreement acknowledge that theclassifications of Trainee 1, 2, 3, Uncertified Labourer, CertifiedLabourer, Class 2 Labourer, Uncertified Class 1 Labourer andCertified Class 1 Labourer have been established and

Whereas: It is agreed that it is a goal of the Parties to promotethe Certification of Labourers in both Commercial / Institutionaland Industrial work, and

Whereas: It is the intent of the parties to encourage the use ofCertified Labours and Certified Class 1 Labourers,

Now Therefore: It is agreed, that notwithstanding the right ofthe Employer to name hire or request specific work experienceand qualifications, the Employer will not specifically request theUnions to provide Uncertified Labourers or Uncertified Class 1Labourers. The Employer may specifically request the Unions toprovide other classifications including those of Certified Labourerand Certified Class 1 Labourer.

This Letter of Understanding shall be attached to, and form apart of, both Part A and Part B of the Registered Collective

40

Agreement for Labourers in the General Construction Sector, andshall expire upon the expiration of that Collective Agreement,unless renewed or extended by Agreement of the Parties hereto.

Agreed this _________ day of __________________, 2007.

For the Employers: For the Unions:

R. N. Tidsbury Mike Reid, Local 92Construction Labour Relations- an Alberta Association

Rick Martin, Local 1111

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ADDENDUM RESPECTING REFRACTORY CONSTRUCTION

TO THE

LABOURERS' GENERAL CONSTRUCTION AGREEMENT

BETWEEN

CONSTRUCTION LABOUR RELATIONS - AN ALBERTA ASSOCIATION

LABOURERS (PROVINCIAL) TRADE DIVISION

AND

THE CONSTRUCTION AND GENERAL WORKERS' UNION LOCAL 92

andTHE CONSTRUCTION AND SPECIALIZED WORKERS’

UNION LOCAL 1111

The Parties to this Agreement hereby agree that, on work whichis performed by Labourers within the scope of RefractoryMasonry Work on projects which are Refractory NewConstruction Projects, the terms and conditions as set out in theRefractory Labourers Maintenance Agreement betweenConstruction Labour Relations, an Alberta Association and TheConstruction and General Workers, Local Unions 1111 and 92will apply except as noted below.

A] The following articles will apply as agreed in Part A ofthis Collective Agreement;

ARTICLE TWO - GEOGRAPHICAL JURISDICTIONARTICLE THREE - SCOPE ARTICLE 6.02 - (hiring)

B] The following articles from the Refractory LabourersMaintenance Agreement will not have application to thiswork;

ARTICLE TWENTY - WAGE BOND

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Agreed this _________ day of __________________, 2007.

For the Employers: For the Unions:

R. N. Tidsbury Mike Reid, Local 92Construction Labour Relations- an Alberta Association

Rick Martin, Local 1111

43


RE: Canadian Model for Providing a Safe Workplace

Whereas there are references in the Collective Agreement to theCanadian Modal for Providing a Safe Workplace – Alcohol andDrug Guidelines and Work Rules [the “Canadian Model”], and

Whereas the Canadian Model has been extensively reviewedand amended, resulting in the publication of an edition datedOctober 2005; and

Whereas the Parties hereto desire to set out the provisions of theCanadian Model dated October 2005 that will be applied byagreement in the Parties’ Collective Agreement, and to identifythe provisions that, if applied, will be applied unilaterally by theemployer,

Now Therefore It is Agreed between the Parties hereto and onbehalf of those represented by each of them,

1 Concurrence

Except for the matters set out in paragraphs 2 and 3below, the Canadian Model dated October 2005 will beimplemented by agreement under the CollectiveAgreement for the purposes set out in section 1.1 of theCanadian Model, and the Parties will co-operate witheach other in achieving those purposes.

2 Random Testing

Notwithstanding any provision of the CollectiveAgreement or any special agreements appendedthereto, section 4.6 of the Canadian Model datedOctober 2005 will not be applied by agreement. Ifapplied to a worker dispatched by the Union, it will beapplied or deemed to be applied unilaterally by theEmployer. The Union retains the right to grieve any

44

imposition of random testing in accordance with theGrievance Procedure set out in the CollectiveAgreement.

3 Mandatory Assessment and Dispatch Conditions

Notwithstanding any provision of the CollectiveAgreement or any special agreements appendedthereto, section 4.7 of the Canadian Model datedOctober 2005 will not be applied by agreement. Ifapplied to a worker dispatched by the Union, it will beapplied or deemed to be applied unilaterally by theEmployer. The Union retains the right to grieve anyimposition of site access testing in accordance with theGrievance Procedures set out in the CollectiveAgreement.

If the Employer acting independently or as agent of theowner or if the owner itself imposes site access testing,section 5.5 of the Canadian Model dated October 2005will not be applicable to testing pursuant to section 4.7.In addition, neither the Union nor the individual will beunder any obligation under the Canadian Model datedOctober 2005 with respect to such a positive test.

4 Collective Agreement

This Letter of Understanding shall be attached to andform part of the Collective Agreement

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46





Local Union No. 92



RE: Promoting Performance and Addressing Issues such as Absenteeism and Turnover

Whereas the Parties agree success in promoting performanceand addressing issues such as absenteeism and turnover isessential to maintaining and growing market share,

NOW Therefore It Is Agreed the Union and Trade Division willdevelop and implement a strategy for achieving the abovementioned objectives.

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Local Union No. 92



RE: Industry wide method of cataloguing trainingcompleted and renewal dates

Whereas through the joint training trust fund, the Parties engagein safety and skill training of workers involved Construction CraftLabourer trade jurisdiction in the unionized sector of the Albertaconstruction industry;

Whereas the Parties recognize the aforementionedinfrastructure and training delivery system is a competitiveadvantage for workers and contractors party to this collectiveagreement;

Whereas the Parties wish to maximize and take full advantageof this infrastructure for the purposes of enhancing workersafety, improving workforce delivery and increasing marketshare;

Now therefore the Parties agree to develop and participate inan industry wide method of cataloguing training completed andrenewal dates. Said catalogue of training and renewal dates willeventually be included on or with each dispatch slip sent tocontractors receiving workers dispatched by the Union.

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49





Local Union No. 92


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NOTE

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5148

2008

S M T W T F S

1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31

JanuaryS M T W T F S

1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29

February

S M T W T F S

12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 31

MarchS M T W T F S

1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30

April

S M T W T F S

1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31

MayS M T W T F S

1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30

June

S M T W T F S

1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31

JulyS M T W T F S

1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031

August

S M T W T F S

1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30

SeptemberS M T W T F S

1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31

October

S M T W T F S

12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930

NovemberS M T W T F S

1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31

December

5249

2009

S M T W T F S

1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31


1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 28

February

S M T W T F S

1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

MarchS M T W T F S

1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30

April

S M T W T F S

1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031

MayS M T W T F S

1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30

June

S M T W T F S

1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31

JulyS M T W T F S

12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 31

August

S M T W T F S

1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30


1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31

October

S M T W T F S

1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30


1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31

December

5350

2010

S M T W T F S

1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031


1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728

February

S M T W T F S

1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31

MarchS M T W T F S

1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30

April

S M T W T F S

12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 31

MayS M T W T F S

1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30

June

S M T W T F S

1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31

JulyS M T W T F S

1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

August

S M T W T F S

1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30


1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031

October

S M T W T F S

1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30


1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31

December

5451

2011

S M T W T F S

12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 31


1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28

February

S M T W T F S

1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31

MarchS M T W T F S

1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30

April

S M T W T F S

1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31

MayS M T W T F S

1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30

June

S M T W T F S

1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031

JulyS M T W T F S

1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31

August

S M T W T F S

1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30


12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 31

October

S M T W T F S

1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30


1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31

December

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