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PROVINCIAL CIVIL AGREEMENT

COLLECTIVE AGREEMENT

BETWEEN:

CEMATRIX (Canada) Inc.

(hereinafter called the "Employer")

-and-

THE lABOURERS' INTERNATIONAl UNION OF NORTH AMERICA,

ONTARIO PROVINCIAl DISTRICT COUNCil

on behalf of its affiliated local Unions 183, 247, 493, 527, 607, 625, 837, 1036, 1059, 1081 and 1089

(hereina~ter called the "Union")

2011-2014

Provincial Civil Agreement

WHEREAS the parties have agreed to establish a Collective Agreement applicable to the Province of Ontario;

AND WHEREAS the parties have agreed on standard language and are desirous to have uniform interpretation and application of the Agreement;

AND WHEREAS each Local Union represented by the Council agrees to maintain the Council as their representative and agent for the purpose of bargaining collectively and concluding a Collective Agreement with the Employer in accordance with the Uniform Council Constitution; and to delegate, and they do hereby delegate, to the Council as their representative and agent, their authority as aforesaid for members of their respective Local Unions who come within the scope of the Agreement and agree to not withdraw such authority nor to seek to bargain individually with the Employer;

NOW THEREFORE, the parties agree as follows:


ARTICLE 1 - PURPOSE 1.01 The purpose of this Collective Agreement is to establish the wages, hours of work and certain other working conditions of the employees under this Agreement and the means by which grievances arising out of the interpretation, application and administration of this Agreement can be disposed of promptly and equitably.

ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees performing work covered by this Agreement within the Province of Ontario, engaged in the civil engineering construction work which includes the sewer and watermain , road building, heavy construction sectors, but excludes utility work as defined in the Collective Agreement between the Union and The Utility Contractors' Association of Ontario and pipeline work as defined in the Collective Agreement between the Labourers' International Union of North America and The Pipeline Contractors' Association of Canada. It is agreed and understood that non-working foremen and those above that rank, camp staff, office and engineering staff and those employees covered by a subsisting Collective Agreement between the Employer and other Trade Unions are excluded.

2.02 The work classifications specified in Schedule 'C' attached hereto and hereby make part of this Agreement, are hereby recognized as being classifications within the jurisdiction of this Agreement. The parties agree to amend Schedule 'C' in the event that additional classifications should be included therein.

2.03 Each Local Union, as specified in Schedule 'A', is the administrative party for this Agreement for work

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performed within the geographic area of such Local Union as defined in Schedule 1A1

, including the right to file grievances under Section 133 of the Ontario Labour Relations Act for alleged violations of this Agreement. Local Unions filing grievances shall provide copies to the Ontario Provincial District Council. Policy grievances, including grievances involving the interpretation of the Master Portion or other universal language, shall only be filed and processed by the Council itself.

ARTICLE 3 · UNION SECURITY 3.01 All employees, while working in a position within the bargaining unit covered by this Agreement shall, as a condition of employment, be required to maintain their Union obligations in accordance with the appropriate Schedule or Appendix to this Agreement.

Subject to Article 15, membership will mean to be a member of the Local as per the Appendices. 3.02 The Employer agrees to deduct an amount equal to regular monthly Local Union dues where applicable, in accordance with the Local Union Schedule provided herein. Such deductions shall be made each month and remitted directly to the Secretary-Treasurer of the applicable Local Union by the fifteenth (15th) day of the month following. 3.03 The Employer agrees to deduct from each employee covered by the terms of this Agreement, working dues at the rate provided for in the applicable Local Union Schedule, which shall be remitted to the SecretaryTreasurer of the applicable Local Union. Thirty-five cents ($0.35) of such deduction shall be remitted to the Secretary-Treasurer of the Ontario Provincia I District Council. District Council working dues deductions shall be remitted to the Labourers~ Pension Fund of Central and Eastern Canada by the fifteenth (15th) day of the month

• Provincial Civil Agreement

following the month in which such deductions were made. The Employer shall, when remitting such dues, submit a list of names and social insurance numbers for those on whose behalf such deductions were made, on one (1) standard benefits reporting form showing all applicable deductions and/or contributions. The above deductions may be remitted together with pension fund contributions to the Labourers' Pension Fund of Central and Eastern Canada.

3.04 Where an employee authorizes the Employer, in writing, to deduct Union initiation fees from his/her pay, the Employer will honour such authorization and make the deductions as authorized.

3.05 The Union agrees to hold harmless the Employer against any liability incurred as the result of the deduction of Union initiation fees or dues.

3.06 Subject to the availability of existing members qualified to perform the required work, all new additional employees shall be hired in accordance with the applicable local reference agreement.

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/women 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;

Provincial Civi l Agreement •

(b) To hire, discharge, classify, transfer, promote, demote, layoff, suspend or otherwise discipline employees, provided that a claim by an employee that he/she has been suspended, disciplined, or 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 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 set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of this Agreement.

5.02 Grievances properly arising under this Agreement sha II be adjusted and settled as follows:

(a) Any person who feels he/she has a complaint arising out of this Agreement shall discuss such matter with his/l1er immediate supervisor for explanation or correction.

(b) Within ten (10) days after the circumstances giving rise to the grievance occurred or became known or reasonably ought to have become known (except in the case of discharge grievances which shall be presented to the Employer in writing within five (5) days of the discharge), the parties shall meet and endeavour to settle the grievance. If a satisfactory settlement is not reached within five (5) working days from this meeting, then the grievance


may be submitted to a committee consisting of two (2) members of the Union and two (2) members of the Employer at any time within five (5) days to resolve such grievance. In the event that a satisfactory settlement is not reached through this process, the grievance may be submitted to arbitration as provided for in Article 7, within ten (10) days of such meeting but not later. Grievances dealing with alleged violation of payment for vacation and statutory holiday pay, pension, welfare contributions and dues, may be brought forward within three (3) months of when the Union became aware, or ought to have become aware of such alleged violations. It is further understood that grievances arising out of alleged violations of rates of pay related to the transferring of employees from an economic region with a higher hourly rate of pay and/or benefits to another economic region with a lower hourly rate of pay and/or benefits, and grievances arising out of rates of pay related to classification assignments must be filed within ten (10) working days, but not later, after the circumstances giving rise to the grievance occurred or originated.

ARTICLE 6 - EMPLOYER GRIEVANCES AND UNION GRIEVANCES

6.01 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the satisfaction of the parties concerned, it may be treated as a grievance and referred to arbitration in the same manner as a grievance by an employee. Such grievance shall be processed at Step 2 of the grievance procedure at any time within five (5) days after the circumstances giving rise to such grievance occurred or became known to the Employer.

6.02 A Union policy grievance which is defined as an alleged violation of th is Agreement involving all or a substantial number of employees of the Employer in the Provincial Civil Agreement a

bargaining unit in regard to which a substantial number of employees have signified an intention to grieve, or a grievance involving the Union itself, including the application or interpretation of this Agreement, may be brought forward in writing at Step 2 of the grievance procedure at any time within five (5) working days after the circumstances giving rise to such policy grievance occurred or became known to the Union, and if it is not settled at this stage it may be referred to arbitration in the same manner as a grievance of an employee.

ARTICLE 7 - ARBITRATION 7.01 The 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 Articles 5 or 6, which has not been settled, may be referred to a Board of Arbitration at the request of either of the parties. 7.02 Unless mutually agreed otherwise, the Board of Arbitration will be composed of one (1) person appointed by the Employer, one (1) person appointed by the Union and a third person to act as Chairman chosen by the other two (2) members of the Board.

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

7.04 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 above, the Minister of Labour of the Province of Ontario will be asked to appoint a Chairman. 7.05 The decisions of the Board of Arbitration or a majority of such Board constituted in the above manner shall be binding on the parties to this Agreement.


7.06 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, nor to give any decisions inconsistent with the terms and provisions of this Agreement.

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

7.08 If an affiliated Local Union proceeds to arbitration as in accordance with Article 2.03 of this Collective Agreement before the Ontario Labour Relations Board under the provisions of Section 133 of the Ontario Labour Relations Act, the said Local Union must send written notice to the Ontario Provincial District Council of its intent to proceed to final and binding arbitration.

ARTICLE 8 - UNION REPRESENTATION 8.01 The Employer agrees to recognize such reasonable number of stewards as may from time to time be appointed by the administrative Local Union. The Employer shall not be obligated to recognize such stewards until it has been informed in writing by the administrative Local Union of the names of all the stewards as they are appointed. It is recognized that a steward is an employee of the Employer and has regular duties to perform. A steward may not leave his/her duties without prior permission from his/her foreman. Such permission shall not be unreasonably withheld. The administrative Local Union shall inform the Employer in writing of those who cease to be stewards. 8.02 The accredited representatives of the administrative Local Union and the Union shall have access to all working areas during working hours as necessary for the administration of this Agreement, but in no case shall such visits interfere with the progress of the


work. When visiting a job he/she will first advise the superintendent or other supervisory personnel as designated by the Employer. Where clearance is required from the owner, it is the responsibility of the administrative Local Union to obtain such clearance. The Union agrees to give such assistance as is required of it by the Employer to secure competent and qualified employees.

8.03 The steward will not be excluded from overtime work within his/her crew provided he/she is able to do the work required, and shall be one (1) of the last two (2) men/women in his/her crew retained by the Employer if competent and willing to perform the work remaining.

8.04 The certified health and safety representative, where required by legislation, will not be excluded from overtime work, by crew or project, provided he/she is able to perform the work required and shall be one (1) of the last three (3) retained by the Employer if competent to do the available work remaining.

ARTICLE 9 · PRODUCTIVITY 9.01 The Union and the Employer recognize the mutual value of improving by all proper and reasonable means, the productivity of the individual worker and both will undertake individually and jointly to promote such increased productivity.

9.02 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.

9.03 When a work claim dispute arises between the Union, which is a party to this Agreement, and any other

II Provincial Civil Agreement

Union, person or organization which cannot be settled to the satisfaction of all parties concerned, such dispute shall only be processed as a complaint under Section 99 of the Ontario Labour Relations Act.

9.04 The employment of summer students during their school vacation period will be as agreed between the Employer and the administrative Local Union. The said administrative Local Union may agree to waive the payment of initiation fees by such students, and wage rates and other monetary conditions of employment will be established by agreement between the administrative Local Union and the Employer. The wage rates and conditions as agreed to shall remain unchanged during the period of summer employment.

ARTICLE 1 0 • NO STRIKE .. NO LOCKOUT 10.01 During the lifetime of this Agreement, the Union agrees there will be no strike, slowdown or picketing or any other act which will interfere with the regular schedule of work and the Employer agrees that it will not cause or direct a lockout of its employees covered by this Agreement.

ARTICLE 11 .. PAYMENT OF WAGES 11.01 (a) Wages shall be paid weekly by cash or cheque on the job or direct deposit at the option of the Employer and shall be accompanied by a slip outlining all hours of work, the hourly rate, overtime hours, deductions or income tax, E.l., Canada Pension, where applicable. In the event that wages are paid by cheque, payday will be on Thursday. Payment may be made on Friday of that same pay week if the Employer, after making all reasonable attempts, cannot meet the Thursday payday deadline. Direct deposits will be made no later than 12:01 am Friday.

Provincial Civil Agreement Ill

(b) In the case of layoff, all employees shall receive one (1) houris notice in advance of the layoff or pay in lieu of notice.

(c) Whenever Unemployment Insurance Forms, vacation and statutory holiday pay credits and pay cheques are not given to employees at the time of termination, they shall be mailed by the Employer affected to the employee at his/her last known address by registered mail or priority courier by the next regular pay period.

(d) Payment of travel expenses and out -of -town allowances will be clearly identified on the cheque slip and will be also identified as required for tax returns.

ARTICLE 12 - GENERAL CONDITIONS 12.01 (a) Hours of Work

As per ScheduleD Appendices and Schedule E. (b) Overtime

Overtime will be paid in accordance with the provisions in the appendices and Schedule E, exclusive of travelling time to and from the job. Not withstanding the foregoing, work on statutory holidays will be paid at two (2x) times the regular hourly rate.

(c) Snow Removal

Snow removal and sanding operations will be excluded from this Agreement.

12.02 Travel

(a) The board and travel allowances contained in the Schedules to this Agreement shall apply only to employees who normally live and work within the respective geographic area and who are hired within such area.


(b) Should an employee elect to accept employment with the Employer at a location other than where the employee was hired, outside the geographic area of his/her own Local Union Appendix as contained in Schedule 1D1

, then the travel allowance and room and board shall be mutually agreed to by the Employer and employees, all of which will be subject to Article 15.04 of this Collective Agreement.

12.03 Hoi idays

(a) Vacation Pay and Statutory Holiday Pay

Vacation pay and statutory holiday pay allowances will be calculated at the minimum rate of eight percent (8%) of gross earnings, or such higher rate provided in Schedule D Appendices. Vacation and statutory holiday pay will be paid to employees in accordance with the provisions of the Employment Standards Act of Ontario.

It is understood and agreed that four percent (4%) of gross wages is to be considered in lieu of statutory holiday pay.

(b) Statutory Holidays:

The following shall be recognized statutory holidays in Schedule D Appendices and Schedule E

New Yearls Day

Good Friday

Victoria Day

Canada Day

Boxing Day

Civic Holiday

Labour Day

Thanksgiving Day

Christmas Day

Family Day

Remembrance Day (if and when proclaimed)

Provincial Civi l Agreement Iii

ARTICLE 13 - MAINTENANCE OF EXISTING RATES

13.01 No present employee shall suffer a reduction of his rate of wages, vacation and statutory holiday allowance, pension, welfare, and other benefits through the introduction of this Collective Agreement. The provision of this clause is subject, however, to the mobility provision as described in Article 15 of this Collective Agreement.

ARTICLE 14 - JOINT LABOUR MANAGEMENT COMMITTEE

14.01 A Joint Labour Management Committee shall be established consisting of two (2) senior representatives of the Employer and an equal number from the Union. They shall meet on a quarterly basis, will be responsible for improving Labour Management Relations, productivity and formulating recommendations aimed at bringing about standard provisions in the Collective Agreement on matters such as hours of work, overtime, statutory holidays, classifications, shift premiums, employee benefits, board allowances and one (1) standard agreement covering all employees.

14.02 Committee to be established, and by mutual consent:

(a) To draft procedure to be followed in implementing wage rates and recognized language change resulting from loca I negotiations, to recognized representative agreements;

(b) To establish guidelines for determining the requirements or criteria for determining reference agreements.

NOTE: The above Committee to be activated within the first year of the Agreement.


ARTICLE 15 · MOBILITY 15.01 Regular employees of the Employer may be classified as key men/women and the Employer shall be allowed mobility of key men/women within the area of this Collective Agreement and the right under this Article will not be exercised in an unreasonable or restrictive manner by either party. The parties agree that Summer Students do not have mobility rights.

15.02 In the event that such key employees move from one geographic area to another, the regular monthly dues on behalf of such key employees shall be remitted to the Local Union designated by the employee as his/her home Local. The Union agrees to save the Employer harmless from any and all claims, which may be made against the Em player for amounts deducted as herein provided. 15.03 Key employees sent from one geographic area to another may be subject to the rates and conditions in effect in such area . Employees so relocated will be notified in writing of the rates and conditions in effect in such area and in no event shall be paid a total wage package that is less than that of the local union in whose jurisdiction the work is being performed .

15.04 The Employer will provide the names, membership number, address and Local affiliation of labourers that will be transferred to the project in accordance with Article 15, forty-eight (48) hours prior to commencing work.

ARTICLE 16 · PRE-JOB CONFERENCE 16.01 Prior to commencement of any project, a Pre-job Conference shall be called by the Company for projects in excess of $2,500,000.00 in value with the Local Union having jurisdiction over the work being performed. A prejob conference may be ca lied at the option of either party

Provincial Civil Agreement II

in writing on all projects and the parties agree to meet within (14) days of notice.

16.02 The Employer will notify the Union of its intention to move key men/women and such relocation of key men/women under the mobility provisions of this Agreement will be a matter for consultation and settlement at the prejob meeting.

ARTICLE 17 • PROTECTIVE CLOTHING 17.01 Each Employer shall provide employees with such protective and wet weather clothing, including rain suits, gloves and rubber boots as is necessary. 17.02 The Union recognizes the right of each Employer to economically supervise the distribution of the clothing and will cooperate with each Employer to prevent wasteful practices.

ARTICLE 18 · TRUST FUNDS 18.01 Trust Fund contributions as set out in Schedule •B• shall be remitted by the fifteenth (15th) day of the month following the month for which contributions are made, together with such supporting information as is specified by the Trustees of the Funds.

18.02 At no time shall Employer contributions due to the Trust Funds provided herein be paid directly to the employees. 18.03 It is agreed that the Trustees of the Benefit Fund shall be empowered to charge interest at the rate of two percent (2%) per month on failure of an Employer to make payments due to the Benefit Fund in accordance with Article 18.01 above.

18.04 With reasonable cause, the Trustees of a Trust Fund to which an Employer is obliged to contribute may appoint

Iii Provincial Civil Agreement

an independent chartered accountant to enter the Employer's premises during regular business hours to perform an audit of the Employer's payroll records, only with respect to Employer contributions to the required Employee Benefit Funds; or at the option of the Employer, he/she shall direct his/her chartered accountant to provide a certified audit statement in reply to questions submitted by the Trustees in this regard.

18.05 In the event such review reveals that an Employer has failed to properly contribute or report to any benefit plan, the Trustees of any such Trust Fund may require such Employer to pay the cost of the review where the Trustees are of the opinion that such Employer deliberately failed or omitted to properly contribute or report as aforesaid. 18.06 Subject to the conditions of Article 15.04, the Employer agrees that pension, welfare, scholarship and organizing, Legal Aid Fund (when established by Local Representative Agreement), remittances on behalf of key men/women shall be remitted to the Trust Fund of the Local Union of which the key man/woman is a member. 18.07 Applicable working dues and training contributions to be remitted to the Local Union having jurisdiction where the work is being performed, at the rates set out in the local schedule.

ARTICLE 19 · PENSION, WELFARE, VACATION, SCHOLARSHIP AND ORGANIZING & HOLIDAY PAY CONTRIBUTIONS

19.01 The Employer agrees to contribute the amounts set out in the attached Schedules as pension, welfare, training, scholarship and organizing, Legal Aid Fund


(where established by Local Representative Agreement), vacation and holiday pay contributions to the Trust Funds designated in Schedule 'B' to receive such amounts. 19.02 Schedule 'B' attached hereto is hereby made part of this Agreement.

ARTICLE 20 • GOVERNMENT LEGISLATION

20.01 In the event that any of the provisions of this Agreement are found to be in conflict with any valid and applicable Federal or Provincial Law now existing or hereinafter enacted, it is agreed that such Law shall supersede the conflicting provisions without in any way affecting the remainder of the Agreement.

ARTICLE 21 • REFRESHMENT AND LUNCH BREAK

21.01 An employee will be allowed to have one (1) paid refreshment break of ten (10) minutes during each half of his/her working shift.

21.02 Regular day shift Employees shall be allowed onehalf (112) hour lunch break near the midpoint of the shift. It is understood that no employee will be required to work more than five (5) consecutive hours without a lunch break.

ARTICLE 22 • SUB-CONTRACTING 22.01 Within the geographical areas described in Schedule 'D' of this Collective Agreement, the subcontracting requirements shall be as specified in each respective Appendix for each applicable area. 22.02 When engaging subcontractors to perform work that would normally be done by employees of the Employer,


the Employer shall make the best reasonable efforts to engage subcontractors who have Agreements with the Union. When subletting work on a heavy construction project, it is agreed that at least two-thirds (2/3) of the work will be performed by employees of the Em pi oyer or by subcontractors who employ members of the Union, provided that such subcontractors are available.

In the event the Employer experiences difficulty in abiding by this clause, the parties will meet and endeavour to resolve the problem.

ARTICLE 23 • RECOGNIZED AGREEMENTS AND APPLICABLE AREAS

23.01 Attached hereto and known as Schedule ·o· of this Collective Agreement are Appendices describing the geographical areas of the applicable Reference Agreement that the Employer agrees to pay to or on behalf of all employees in the bargaining unit; the wages, overtime and other premiums, vacation and holiday pay, RRSP, training, welfare and pension, scholarship and organizing contributions, Legal Aid Funds in accordance with Article 19, other monetary employee benefits and conditions which are specified in each Appendix and as amended from time to time by the appropriate recognized parties of each Appendix. The Employer further agrees to recognize the crossover clause contained in the Local Representative Agreement. 23.02 When a recognized Local Agreement is amended through the normal process of negotiations, the administrative Local Union shall within thirty (30) days notify the Employer and the Union and request an amendment to the recognized conditions contained in Schedule ·o·. If notification is not given in writing within the said thirty (30) days by the administrative Local Union, then the negotiated amendment shall be incorporated in this Agreement from the day of notification. Provincial Civil Agreement II

ARTICLE 24 • AMENDMENT OR EXEMPTION

24.01 Where the a p pi ication of certain Articles or sections of this Agreement work a hardship on the Employer, the parties may reach a Memorandum of Amendment or Exemption, in writing, to amend or exempt certain clauses or provisions of this Agreement.

A Memorandum of Exemption or Amendment will apply equally to all member Employers and member Local Unions for the area involved and during the term of such exemption or amendment.

ARTICLE 25 • APPRENTICESHIP PROGRAMS

25.01 The Apprenticeship Program, including any Plan and amendments thereto, agreed to by a Local Apprenticeship Committee applicable to the work covered by this Agreement, shall be incorporated in its entirety into and form part of this Agreement, as if an original part thereto.

ARTICLE 26 • INDUSTRY FUND 26.01 Each employer bound by the terms of this Agreement shall contribute five cents ($0.05) per hour, plus G.S.T., for each hour worked outside the accredited areas by each employee covered by this Agreement, to the Provincial Association of Civil Contractors Industry Fund. The Employer shall remit payment monthly to the Labourers' Pension Fund of Central and Eastern Canada ("LPF") by the fifteenth (15th) of the following month and the LPF shall forward all such funds to the Provincial Association of Civil Contractors by the thirtieth (30th) day of the same month.


26.02 The Union shall use its best efforts to collect all payments from the Employers bound to the agreement, including, but not limited to, the enforcement of this provision through grievance and arbitration proceedings, if necessary.

26.03 The LPF shall include with its monthly remittance to the Provincial Association of Civil Contractors a statement of all contributing employers, complete with summary of hours, calculation detail and delinquent balances, if any, as well as a list of all employers who have failed to contribute despite being required to do so pursuant to this agreement.

26.04 It is agreed that at the sole discretion of the Provincial Association of Civil Contractors, with 30 days written notice to the Union, the Industry Fund payment may be terminated or modified.


ARTICLE 27 • DURATION OF AGREEMENT

27.01 This Agreement shall become effective on the 1st day of February 2011 and shall remain in effect until the 31st day of January 2014 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 within one hundred and twenty (120) days before the 31st day of January 2014, or in a like period in any year thereafter.

IN WITNESS WHEREOF the Party of the First Part and the Party of the Second Part have caused their proper officers to affix their signature 18th day of May 2011.

FOR: THE EMPLOYER: FOR: THE UNION:

(PRINT NAME)

Ontario Provincial District Council

(PRINT NAME)

SCHEDULE 'A'

GEOGRAPHIC REGIONS labourers• International Union of North America, Ontario Provincial District Council 1315 North Service Rd. E Suite 701--7th Floor Oakville, Ontario L6H 1A7

Phone: (289) 291-3678 Fax: (289) 291-1120

District Council Business Manager: Cosmo Mannella President: Joseph Mancinelli Vice-President: Carmen Principato Secretary-Treasurer: Luigi Carrozzi Recording Secretary: Robert Petroni Executive Board: Jack Oliveira, Mike Maitland, Jim MacKinnon.

labourers' International Union of North America, Central and Eastern Canada Regional Office 44 Hughson Street South Phone: (905) 522-7177 Hamilton, Ontario L8N 2A7 Fax: (905) 522-9310 Regional Manager: Joseph Mancinelli The following are the territorial jurisdictions of the affiliated Local Unions of the Council:

Universal Workers Union local 183 -Toronto & Simcoe County 1263 Wilson Avenue, Suite 200 Toronto, Ontario M3M 3G3 Business Manager: Jack Oliveira

Phone: (416) 241-1183 Fax: (416) 241-9845

Metropolitan Toronto, the Counties of York and Peel, the Township of Esquesing, and the Towns of Oakville and Milton in the County of Halton, and the Township of Pickering in the County of Ontario and the County of Simcoe.


Universal Workers Union local183 - Eastern Office P.O. Box 156, 560 Dodge Street Phone: (905) 372-1183 Coburg, ON K9A 4K5 Fax: (905) 372-7 488 Business Manager: Jack Oliveira

The Counties of Peterborough, Victoria and Haliburton, east part of Northumberland County on a line running from Lake Ontario to Rice Lake, including Cramahe, Percy, Seymore, Brighton and Murray Township. The County of Ontario (with the exception of part of Pickering Township on a line running from the south of Lake Ontario to the north at the third concession on Pickering Beach Road), and including all towns and townships therein; namely, the Town of Whitby, Whitby Township, Uxbridge and Uxbridge Township, Scott, Reach, Brock, the Town of Port Darlington, Cartwright, Clark, Manvers, Hope and Cavan Townships and the Town of Bowmanville, Newcastle, Port Hope and Millbrook. The County of Northumberland including Hamilton, Haldimand, Alnwick Townships, the Towns of Cobourg, Grafton and Baltimore, District of Muskoka and the Townships of Ram a, Mara and Thorah in the County of Simcoe.

labourers' International Union of North America, local 247 145 Dalton Avenue, Suite 1 Kingston, Ontario K7K 6C2 Business Manager: Victor Claro

Phone:(613) 542-5950 Fax: (613) 542-2781

Area 29, the Counties of Lennox, Addington, Frontenac and Leeds. Area 12, Prince Edward County and the Townships of Lake Tudor, Grimsthorpe, Marmora, Madoc, Elzevir, Rawson, Huntingdon, Hungerford, Sidney, Thurlow and Tyendinaga in the County of Hastings. The Townships of McClure, Wicklow, Bangor, Herschel, Monteagle, Carlow, Faraday, Dunganon, Mayo, Wollaston, Limerick and Cashel being all of Hastings County outside Area 12.


labourers' International Union of North America, loca1493

392 Montague Avenue Sudbury, Ontario P3C 4G5 Business Manager: Mike Ryan

Phone:(705) 674-2515 Fax: (705) 67 4-6728

The District of Sudbury, Manitoulin Island, Nipissing, Algonquin Provincial Park, Temiskaming, Parry Sound and part of the District of Cochrane lying south of the 49th Parallel, including an eighty (80) kilometre radius of the Timmins Federal Building, including the Town of Chapleau, Cockburn and all other islands situated in Georgian Bay of Lake Huron, shall be recognized as being the exclusive territory jurisdiction of Local 493.

labourers' International Union of North America, local 527 6 Corvus Court Ottawa, Ontario K2E 7Z4 Business Manager: Luigi Carrozzi

Phone: (613) 521-6565 Fax: (613) 521-6580

The Regional Municipality of Ottawa-Carleton, the Counties of Lanark, Russell, Prescott, Dundas, Stormont} Glengarry, Renfrew and Grenville.

Construction and Allied Workers local Union 607 730 Balmoral Street Phone:(807) 622-0607 Thunder Bay} Ontario P7C 5V3 Fax: (807) 622-0454 Business Manager: Gino Russo

The Districts of: Ken ora, including the Patricia portion; Rainy River; Thunder Bay; and that part of the District of Cochrane which lies north of the forty-ninth (49th) parallel of latitude and is not in Ontario Labour Relations Board Area No. 19.


labourers' International Union of North America, local 625 2155 Fasan Drive RR 1 Oldcastle, Ontario NOR 1LO Business Manager: Robert Petroni

The Counties of Essex and Kent.

Phone:(519) 737-0373 Fax: (519) 737-0380

labourers' International Union of North America, local 837 44 Hughson Street South Phone: (905) 529-1116 Hamilton, Ontario L8N 2A7 Fax: (905) 529-2723 Business Manager: Manuel Bastos Niagara: (905) 227-1837 The County of Wentworth, that portion of Halton County west of Highway 25, extended in a straight line to the Queen Elizabeth Way. For that portion south of the Queen Elizabeth Way the property line dividing the B.P. and Shell Oil refineries in the County of Halton, and Board Area 5; namely, the Counties of Lincoln, Weiland and Haldimand.

labourers' International Union of North America, local 1036 395 Korah Road Phone: (705) 942-1036 Sault Ste. Marie, Ontario P6C 4H5 Fax: (705) 942-1015 Fax: (705) 942-1015 Business Manager: Wayne Scott

The District of Algoma including that portion of the District of Algoma which lies north of the 49th Parallel of latitude and which is not within the Ontario Labour Relations Board 21.


labourers' International Union of North America, local 1059 56 Firestone Blvd. London, Ontario N5W 5L4 Business Manager: Jim MacKinnon

Phone: (519) 455-8083 Fax: (519) 455-0712

The Counties of Middlesex, Huron, Bruce, Perth, Oxford and Elgin, recognized as Ontario Labour Relations Board Area 3.

labourers' International Union of North America, local 1081 812 Lawrence Street Phone: (519) 653-3333 Cambridge, Ontario N3H 2N1 Fax: (519) 653-8086 Business Manager: Manuel Andrade The Counties of Waterloo, Wellington, Dufferin, Grey, Norfolk and Brant, recognized as Ontario Labour Relations Board Areas 4, 6, 7, 27 and 28.

labourers' International Union of North America, local 1089 1255 Confederation Street Phone: (519) 332-1089 Sarnia, Ontario N7S 4M7 Fax: (519) 332-6378 Business Manager: Mike Maitland The County of Lambton.


SCHEDULE "B" This Schedule will set out the name, address and

the contributing payment of all Trust Funds.

Pension:

For all Local Unions, make cheque payable to:

The Labourers' Pension Fund of Central and Eastern Canada and shall be remitted directly to:

The Labourers' Pension Fund of Central and Eastern Canada P.O. Box 9002, Stn Main Oakville, Ontario L6J 089

Tri .. fund:

For all Local Unions, make cheque payable to the Canadian Tri-Fund and shall be remitted directly to: The Labourers' Pension Fund of Central and Eastern Canada P.O. Box 9002, Stn Main Oakville, Ontario L6J 089

Welfare, Training, Vacation and Holiday Pay & Other Contributions:

local Union: Payable to: Mail to: Phone/Fax:

Local 183 Local 183 Trust Loca l183 Benefit Plan Tel: (416) 240-7480 (Toronto) Administration Administrators Limited Fax: (416) 240-7488

1263 Wil son Ave. , Ste. 205 Toronto, ON M2M 3G2

Local183 Local183 Trust Loca l183 Benefit Plan Tel: (416) 240-7480 (Oshawa) Administration Administrators Limited Fax: (416) 240-7488

1263 Wilson Ave., Ste. 205 Toronto, ON M2M 3G2

Local 247 The Labourers' c/o Global Benefit Plan Tel: (416) 635-6000 Multi-Local Con su Ita nts Inc. Fax: (416) 635-6464 Welfare Trust 545 Wilson Avenue Fund Toronto, ON M3H 1 V2



Local 247 Local 247 GRSP c/o LIUNA Local 247 Tel: (613) 542-5950 GRSP Fund 145 Dalton Ave., Suite 1 Fax: (613) 542-2781

Kingston, ON K7K 6C2 Local 247 Local247 Training and -Training Rehabilitation Fund

Local 493 Labourers' Employee Benefit Plan Tel: (905) 946-8655 Scholarship Local493 Services Fax: (905) 946-2535 & Welfare Welfare Trust 45 Mcintosh Drive

Fund Markham, ON L3R 8C7

Organizing Labourers' 392 Montague Avenue Tel: 705-674-2515 Fund Local493 Sudbury, ON P3C 4G5 Fax: 705-674-6728

Training Labourers' 392 Montague Avenue Tel: 705-674-2515 Fund Local 493 Sudbury, ON P3C 4G5 Fax: 705-674-6728 Local 527 LIUNA Local 527 c/o LIUNA Local 527 Tel: (613) 521-6565

Benefit Funds 6 Corvus Court Fax: (613) 521-6580 Ottawa, ON K2E 7Z4

Local 607 The Labourers' c/o Global Benefit Plan Tel: (416) 635-6000 Multi-Local Consultants Inc. Fax: (416) 635-6464 Welfare Trust 545 Wilson Avenue Fund Toronto, ON M3H 1 V2

Local 607 Construction and c/o Construction and Tel: (807) 622-0607 - Training Allied Workers Allied Workers Fax: (807) 622-0454

Local Union Local Union 607 607 Training 7 30 Ba I mora I Street and Education Thunder Bay, Fund ON P7C 5V3

Local 625 Trustees of the Global Benefits Tel: (416) 635-6000 L.I.U.N.A. Ontario c/o The Royal Bank of Fax: (416) 635-6461 Participating Canada Locals1981 P.O. Box 9380, Station A Benefit Trust Toronto, ON M5W 3M2

Local 625 Labourers' c/o LIUNA Local 625 Tel: (519) 737-0373 -Training Local 625 2155 Fasan Drive Unit RR1 Fax: (519) 737-0380

Training Fund Oldcastle, ON NOR 1 LO Local 625 Local 625 GRRSP GRRSP Fund Organizing Organizing Fund



Local 837 LIUNA Local 837 All remittances to: Welfare Fund

c/o LIUNA Local 837 Tel : (905) 529-1116 Local 837 Labourers' Local 44 Hughson St. South, Fax: (905) 529-2723 -Training 837 Training Trust Hamilton, ON L8N 2A7 Local 837 Local 837 (Hamilton) -Vacation Vacation Pay

with Pay Trust Fund

Local1036 Labourers' c/o Royal Bank of Canada Local1036 P.O. Box 9285, Employee Benefit Station "A" Trust Fund Toronto, ON M5W 3M1 Tel: (416) 932-1100

Local 1036 Labourers' c/o Labourers' Pension Fax: (416) 932-1177 -Training Local1036 Fund of C & E Canada

Training Fund P.O. Box 9002, Stn. Main Oakville, ON L6J OB9

Local1059 LIUNA Loca l c/o Global Benefit Plan Tel: (416) 635-6000 1059 Benefit Consultants Inc. Fax: (416) 635-6464 Trust Fund 545 Wilson Avenue,

Toronto, ON M3H 1 V2

Loca l 1059 LIUNA Local c/o LIUNA Local 1059 Tel: (519) 455-8083 -Training 1059 Training 56 Firestone Blvd. Fax: (519) 455-0712

Trust Fund London, ON N5W 5L4

Local1059 Loca l 1059 Or designated alternative - GRRSP GRRSP Fund with 60 days written notice

byLocal1059

Loca l 1081 The Labourers' c/o Global Benefit Plan Tel: (416) 635-6000 Multi-Local Consultants Inc. Fax: (416) 635-6464 Welfare Trust Fund545 Wil son Avenue,

Toronto, ON M3H 1 V2

Local 1081 Labourers' Local c/o LIUNA Local 1081 Tel: (519) 653-3333 -Training 1081 Training 812 Lawrence Street Fax: (519) 653-8086

Trust Fund Cambridge, ON N3H 2N1 Local 1089 Labourers' Local All remittances to:

1089 (Sarnia) Benefit Trust c/o LIUNA Local1089 Tel: (519) 332-1089 Fund 1255 Confederation Street Fax: (519) 332-6378

Sarnia, ON N7S 4M7 Local1089 Labourers' Local1089 - GRSP G.R.S.P. Fund

Locall089 The Administrator of -Training Local 1089

Training Fund


SCHEDULE 'C'

JOB RANKING

GROUP 1 labourer; pumpman (6 11 discharge and under), farm tractor operator (no backhoe); compactor; spotter; signal person; heater man; rock scaler; sod layer, erection & dismantling high load shoring systems, marine labourer

GROUP 2 pipelayer's helper; sheeting and shoring man; driller helper; powderman helper; calfdozer operator, small trenches up to 36 11

depth, mini skid steer loaders and similar small equipment; boom trucks (8 tons and under); post hole auger; fence installers; nozzle operator on gunnitting and sandblasting operations; all machine driven tools by gas and air; wire mesh installers; ram max tamper or similar remote controlled equipment requiring an employee to direct such equipment; jackhammer

GROUP 3 driller; Carpenter/formsetter and concrete finisher (on curb, gutter, sidewalk, culvert and concrete paving); curb machine man; manhole, valve chamber, catch basin constructor; concrete worker, reinforcing steel man and concrete vibrator man; asphalt raker; pipelayer (including use of laser) on all types of pipe (including sewer and watermain, electrical conduits and all underground utilities); fusion welder; well point installer; watermain tapper; diamond saw cutter, all types; caulker; coring, grade person, line setter, screwman/tailman/wingman


GROUP 4 plugger operator, driller airtrac/hydraulic trac, all types or similar equipment; Carpenter/formsetter, concrete finisher and reinforcing steel installer on structures such as bridges, retai ni ng walls, etc.; pile installer, burner, rigger and wel der; and blaster, excavac/vacuum truck, curb machine operator, concrete paving track setter

GROUP 5 form builder/carpenter on structures such as bridges, retaining walls, etc. powderman, diver.

GROUP 6 traffic control person (not casual)

GROUP 7 watch person - six (6) shifts per week, ten (10) hours per shift

GROUP 8 working foreman - fifty cents ($0.50) per hour above the highest classification regularly supervised in his/her crew within the bargaining unit

In the event that a classification contained in this Schedule 1C1 is not contained in a Local area Appendix under Schedule 101

, such classification shall be deemed included in such Appendix. The wage differential for such classification will be based on established area practices; where no area practice exists, the Union and the Employer will agree to establish the appropriate differential.


SCHEDULE 'D'

The following Appendices under this Schedule 101 set out the administrative Local Union, the industry, the Reference Agreement, the geographic area, and certain working conditions applicable thereto.


SCHEDULE 'E'

This Schedule shall apply to the geographical area of the Province of Ontario outside those geographical areas described in Schedule 1D1 of this Collective Agreement.

ARTICLE 1 • UNION SECURITY AND CHECK-OFF OF UNION DUES:

1.01 The Employer agrees to call the Local Union for its supply of additional workers. If the Local Union is unable to supply existing members who are qualified, residing in the area of the job within twenty-four (24) hours, the Employer is free to hire such labour as is available. Nonresident Union members will also be given preference of employment provided they apply at the job, in which case travel allowances will not apply.

1.02 Each employee shall be required, when working in a position within the bargaining unit described, as a condition of employment, to have working dues and OPDC dues deducted as per attached wage table, plus monthly dues as noted by the Local Union having jurisdiction. 1.03 All employees who join the Union during the lifetime of this Agreement shall be required, as a condition of employment, to maintain such membership while working in a position within the bargaining unit for the duration of this Agreement.

All employees shall, as a condition of employment, become and remain members of the applicable Local Union within forty (40) days from the date of hire while employed under this Agreement, unless the Local representative and the Employer mutually agree otherwise.

The Employer will provide a weekly list of newly hired employees.


The Union shall be responsible for signing the appropriate initiation fee check-off authorization form and to submit same to the Employer. Upon receipt of the check-off authorization, deduction of initiation fees will commence on the first pay period following forty (40) days after date of hire. 1.04 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 nonpayment of Union Dues and/or initiation fees, notwithstanding anything to the contrary herein contained.

1.05 Where an employee authorizes the Employer in writing to deduct Union Initiation Fees from his/her pay, the Employer will honour such authorization and make the deductions as authorized.

1.06 The Union agrees to hold harmless the Employer against any liability incurred as the result of the deduction of Union Initiation Fees or Dues.

ARTICLE 2 · WAGES, CONTRIBUTIONS AND DEDUCTIONS

2.01 Attached to and forming part of this Schedule is a table identifying wage groups, hourly wages, vacation pay, welfare, pension, Tri-Fund contributions, working and OPDC dues deductions for Locals 183, 247, 493, 527, 607, 625, 837, 1036, 1059, 1081 and 1089.

2.02 Schedule ~c~ of this Collective Agreement identifies the classifications within each wage groups.

ARTICLE 3 · AMENDMENTS 3.01 Local Unions can amend contributions and deductions through the OPDC structure provided the total package remains the same.


ARTICLE 4 · HOURS OF WORK AND OVERTIME

4.01 The standard hours of work for all employees engaged in roadwork and work incidental thereto shall be fifty-five (55) hours per week exclusive of travelling time to and from the job, from Monday to Saturday. The standard hours of work for all employees engaged in sewer and watermain work shall be fifty (50) hours per week exclusive of travelling time to and from the job, from Monday to Friday. Make up time may be worked on Saturday at straight time if time is lost during the week due to inclement weather.

4.02 Overtime at the rate of one and one half (1 Yz) times the employees regular hourly rate shall be paid outside the regular hours as described above.

Work performed on Sunday and statutory holidays will be paid at two (2x) times the regular hourly rate.


Group 1 Effective Hourly 8% Welfare Tri- Total WD OPDC Ind.

Date Rate Vac. Benefit Pens. Fund Pkg. De d. Dues Fund 01/01110 18.40 1.48 2.25 3.00 0.05 25.18 3% 0.35 0.05 01/02/11 18.65 1.49 2.25 3. 50 0.05 25.94 3% 0.35 0.05 01/02112 18.89 1.51 2.25 4.00 0.05 26.70 3% 0.35 0.05 01/02113 19.13 1.53 2.25 4.50 0.05 27 .46 3% 0.35 0.05 Group 2 01/01110 18.50 1.49 2.25 3.00 0.05 25.29 3% 0.35 0.05 01/02111 18.75 1.50 2.25 3.50 0.05 26.05 3% 0.35 0.05 01/02112 18.99 1.52 2.25 4.00 0.05 26.81 3% 0.35 0.05 01/02/13 19.23 1.54 2.25 4.50 0.05 27.57 3% 0.35 0.05 Group 3 01/01110 19.15 1.54 2.25 3. 00 0.05 25.99 3% 0.35 0.05 01/02/11 19.42 1.55 2.25 3.50 0.05 26.77 3% 0.35 0.05 01/02/1 2 19.68 1.57 2.25 4.00 0.05 27.55 3% 0.35 0.05 01/02113 19.94 1.59 2.25 4.50 0.05 28.33 3% 0.35 0.05 Group 4

01/01110 19.27 1.55 2.25 3.00 0.05 26.12 3% 0.35 0.05 01/02111 19.54 1. 56 2. 25 3.50 0.05 26.90 3% 0.35 0.05 01/0211 2 19.80 1.58 2.25 4.00 0.05 27.68 3% 0.35 0.05 01/02113 20 .06 1.60 2.25 4.50 0.05 28.46 3% 0.35 0.05 Group 5 01/01110 20.40 1.64 2.25 3.00 0.05 27.34 3% 0. 35 0.05 01/02111 20.70 1.66 2.25 3.50 0.05 28.1 6 3% 0.35 0.05 0110211 2 21.00 1. 68 2.25 4.00 0.05 28.98 3% 0.35 0.05 01/02113 21.30 1.70 2.25 4.50 0.05 29.80 3% 0.35 0.05 Group 6

01/01110 15.80 1.27 2.25 3.00 0.05 22.37 3% 0.35 0.05 01102/11 15.96 1.28 2.25 3.50 0.05 23.04 3% 0.35 0.05 0110211 2 16.12 1.29 2.25 4. 00 0.05 23. 71 3% 0.35 0.05 01102/1 3 16.28 1.30 2.25 4.50 0.05 24.38 3% 0.35 0.05 Group 7

01101110 14.39 1.16 2.25 3.00 0.05 20.85 3% 0.35 0.05 01/02/11 14.52 1.16 2.25 3.50 0.05 21.48 3% 0.35 0.05 0110211 2 14.64 1.17 2.25 4.00 0.05 22.11 3% 0.35 0.05 01/02113 14.76 1.18 2.25 4.50 0.05 22.74 3% 0.35 0.05

NOTES 1. Contributions and deductions are per hour worked. 2. Worki ng foremen will be paid two dollars ($2.00) per hour above the highest

cl ass ification regularly supervised in hi s/her crew within the bargaining unit. 3. Powderman to be paid twenty-five cents ($0.25) above the Group 5 rate. 4. Industry Fund -Five cents ($0.05) per hour (su bject to Article 26/LOU 5)


SCHEDULE 'F' PROVINCIAL CIVIL AGREEMENT

SIGNATORY EMPLOYERS

• 2023605 Ontario Inc. o/a Rock Concrete • 888342 Ontario Inc.

• A.V. Curb & Sidewalk Ltd.

• Advanced Construction Techniques Ltd. • Aecon Construction & Materials Limited • AI-Pak Construction Services

• Avery Construction Limited

• Bre-Ex Limited

• Bridge Tite Coating Inc. and Bridge Tite Waterproofing • Carillion Construction Canada

• Clarkson Construction Company • Con-Drain Company (1983) Ltd.

• Crown Drain Co. Ltd.

• Dean Construction Company Ltd.

• Delway Contractors Ltd.

• Diamond Stone Bridge Canst.

• Drillco Foundations Co. Ltd .

• Dufferin Construction

• E&E Seegmiller Limited

• Enviro Contracting o/a Downsview Group • Facca Incorporated

• Harmony Infrastructure Ltd.

• HC Matcon Inc.


• Huron & Erie Excavating, 1565671 Ontario Limited e lnterpaving Limited

• Intrepid General Limited

• JPW Construction Limited

• Kapp Construction

• LeBrun Construction Ltd.

• Limen Group

• Linkun Fence

o Mid Canada Rentals Inc.

Miwel Construction

• Mopal Construction Ltd.

• New Alliance Ltd.

Norlake Transportation, A division of 1298063 Ontario Inc. o Oakridge Landscape Contractors Ltd. • PCN Construction Group Inc.

o Ragno Excavating Limited

• Rok Pipelines Inc.

• Sora Construction Ltd.

• Shor-Cais Consulting Ltd.

• Sub-Terrain Directional Drilling Ltd. o Superior Petroleum Maintenance Ltd. and

General Contracting (Sault Ste. Marie) Ltd. • Total Site Works Inc.

o Wardet Limited

o Wilson & Somerville Limited


LETTER OF UNDERSTANDING 1 SPECIAL TV WORK FOR FLUSHING

The Parties agree that the applicable reference for the Province of Ontario shall be the collective agreement between the Labourers' International Union of North America, Ontario Provincial District Council and the Vacuum Truck Specialty Work Agreement and letter of understanding between the Ontario Provincial District Council and Vacuum Truck Specialty Contractors. Accordingly, the Employer agrees to pay to or on behalf of all employees engaged in such work, the wages, overtime and other premiums, vacation pay and holiday pay, training, welfare and pension, scholarship and organizing contributions, legal aid funds and other monetary benefits which are specified in c~rrent Vacuum Truck Specialty Work Agreement which is effective from May 1, 2010 to April 30, 2013 and amendments to those provisions negotiated from time to time by the parties to the Vacuum Truck Specialty Agreement.

This Letter of Understanding shall expire on January 31, 2014 unless the Parties agree at that time to renew it.

Dated May 17,2011

FOR THE UNION FOR THE EMPLOYER

~' _CJJ#

(PRINT NAME) (PRINT NAME)


LETTER OF UNDERSTANDING 2 (FORMING PART OF THE COLLECTIVE AGREEMENT)

SUB - CONTRACTOR PRE-QUALIFICATION

The pre-qualification process described in this Letter of Understanding shall apply to Schedule "E" and to any local union which signifies in writing that it wishes to adopt this process.

Each of the Local Unions agrees to provide the Employer with a list of all contractors that are bound to the Union and that are prepared to work within their geographic jurisdiction. Each of the Local Unions shall update their list as new signatory contractors become available.

The Union agrees that the contractors are required to provide their company profiles in order to be considered for pre-qualified status for sub-contracted work within their respective areas. In the event the contractor's qualifications change over time it is their responsibility to advise the parties of such change.

In the event that the Employer fails to contact prequalified sub-contractors identified by a Local Union and all or a portion of the work is awarded to a company that is not bound to this Agreement or an agreement with the Local Union the Employer shall be liable to pay damages to the Union in an amount equal to all dues that the Union would have received if the contract had been awarded to the company bound to an agreement with the Local Union or to this Agreement.

The damages referred to in paragraph 4 above shall be in addition to any damages payable pursuant to article 22 of the Master Portion.


The Union and the Employer shall form a committee to develop and recommend criteria for prequalified status.

This Letter of Understanding shall take effect ten (10) days after the Parties agree on criteria for prequalified status and it shall expire on January 31, 2014 unless specifically renewed by the Parties.

Dated May 12, 2011




LETTER OF UNDERSTANDING 3 (FORMING PART OF THE COLLECTIVE

AGREEMENT) SUB - CONTRACTING RESTRICTION

The Employer will not sub-contract work that falls within the scope of this Agreement to companies bound to a collective agreement with the United Brotherhood of Carpenters and Joiners of America that overlaps or conflicts with this Collective Agreement.

This Letter of Understanding shall expire on January 31, 2014 unless the Parties agree at that time to renew it.

Dated May 17, 2011


v~W)



LETTER OF UNDERSTANDING 4 Provincial Railroad

Construction Agreement The Parties agree that the applicable reference

agreement for the construction, reconstruction, repair, maintenance, removal, alignment, grading and rehabilitation of railroads throughout the Province of Ontario shall be the collective agreement between the Labourers' International Union of North America, Ontario Provincial District Council and the Ontario Railroad Contractors Association (hereafter ~~ the Railroad Agreement"). Accordingly, the Employer agrees to pay to or on behalf of all employees engaged in such work, the wages, overtime and other premiums, vacation pay and holiday pay, training, welfare and pension, scholarship and organizing contributions, legal aid funds and other monetary benefits which are specified in current Railroad Agreement which is effective from December 1, 2010 to November 30, 2013 and amendments to those provisions negotiated from time to time by the parties to the Railroad Agreement.

This Letter of Understanding shall expire on January 31, 2014 unless the Parties agree at that time to renew it. Dated May 17, 2011




LETTER OF UNDERSTANDING 5 Between

PROVINCIAL ASSOCIATION OF CIVIL CONTRACTORS SIGNATORY EMPLOYERS

(The "Employer")

and

LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA ONTARIO PROVINCIAL DISTRICT

COUNCIL (OPDC)

(The "Union")

RE: INDUSTRY ASSOCIATION

WHEREAS the undersigned employers who are in contractual relations with the OPDC who form an industry association representing all employers signatory to the OPDC Provincial Civil Agreement as per Schedule 4IFIJ.

AND WHEREAS the OPDC has agreed to make available to the Industry Association contact information for all such employers and to advise these employers of the formation of the association when requested.

The OPDC undertakes to ensure that the provisions of renewals of this Provincial Agreement contain the "Industry Fund" clause contained in Article 26.

The parties agree that this collective agreement constitutes the terms and conditions for Civil Construction in the Province of Ontario. Should the OPDC or any Local Union negotiate a collective agreement with more favourable employer terms or conditions for work in the civil construction sector, such terms/conditions may be

Provincial Civi l Agreement II

applied, adopted and relied upon, at the sole discretion of the employer, by employers bound to this Provincial Civil Agreement.

Dated May 17, 2011

FOR THE UNION

(PRINT NAME)

•

FOR THE EMPLOYER

~CUd ~ k~J.n,cL

(PRINT NAME)

(PRINT NAME)

Provincial Civi I Agreement

NOTES


provincial civil agreement collective agreement … and civil engineeri… · provincial civil...

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