gc hudson supply limited - Ontario.ca

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1 THESE ARTICLES CONSTITUTE A COLLECTIVE AGREEMENT BETWEEN: G.C. HUDSON SUPPLY LIMITED hereinafter called the "Employer" and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793 hereinafter called the "Union" ARTICLE 1- PURPOSE 1.1 The purpose of this agreement is to establish mutually satisfactory relations between the employer and the employees, to provide for the speedy and equitable adjustment of grievances, to ensure maximum efficiency, to prevent unnecessary costs and to provide machinery for the adjustments of disputes, which may arise between the parties hereto. ARTICLE 2 -- DURATION OF AGREEMENT 2.1 This agreement shall become effective the 1st day of May, 2013 and shall remain in effect until the 30th day of April, 2016 and thereafter from year to year unless notice is given within ninety (90) days prior to termination date (or thereafter the anniversary date) by the party desirous of terminating the agreement or desirous of amending the agreement. ARTICLE 3 -- RECOGNffiON 3.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the employees of the employer working in geographical areas as contained in the Construction Industry Division Map revised March 1971 for areas 13, 14, 15, 29, 30, 31, engaged in the operation of cranes, shovels, bulldozers, and similar equipment and those primarily engaged in the repairing and maintaining of same on site, save and except non-working foreman and persons above the rank of non-working foreman. ARTICLE 4 -- MANAGEMENT RIGHTS 4.1 The Union agrees and acknowledges that the employer has the exclusive right to manage the business and to exercise such right without restriction, save and except as such prerogatives of management may be specifically modified by the terms and conditions of this agreement. 4.2 The Union agrees that it is the exclusive function of the Employer: GC Hudson Supply Limited

Transcript of gc hudson supply limited - Ontario.ca

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THESE ARTICLES CONSTITUTE A COLLECTIVE AGREEMENT BETWEEN:

G.C. HUDSON SUPPLY LIMITED

hereinafter called the "Employer"

and

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 793

hereinafter called the "Union"

ARTICLE 1- PURPOSE

1.1 The purpose of this agreement is to establish mutually satisfactory relations between the employer and the employees, to provide for the speedy and equitable adjustment of grievances, to ensure maximum efficiency, to prevent unnecessary costs and to provide machinery for the adjustments of disputes, which may arise between the parties hereto.

ARTICLE 2 -- DURATION OF AGREEMENT

2.1 This agreement shall become effective the 1st day of May, 2013 and shall remain in effect until the 30th day of April, 2016 and thereafter from year to year unless notice is given within ninety (90) days prior to termination date (or thereafter the anniversary date) by the party desirous of terminating the agreement or desirous of amending the agreement.

ARTICLE 3 -- RECOGNffiON

3.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the employees of the employer working in geographical areas as contained in the Construction Industry Division Map revised March 1971 for areas 13, 14, 15, 29, 30, 31, engaged in the operation of cranes, shovels, bulldozers, and similar equipment and those primarily engaged in the repairing and maintaining of same on site, save and except non-working foreman and persons above the rank of non-working foreman.

ARTICLE 4 -- MANAGEMENT RIGHTS

4.1 The Union agrees and acknowledges that the employer has the exclusive right to manage the business and to exercise such right without restriction, save and except as such prerogatives of management may be specifically modified by the terms and conditions of this agreement.

4.2 The Union agrees that it is the exclusive function of the Employer:

GC Hudson Supply Limited

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 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 determine the number of men required at any or all operations and other matters concerning the operation of the employer's business, not specifically dealt with elsewhere in this agreement:

b) To hire, re-hire, discharge, classify, transfer, promote, demote, lay off, suspend or otherwise discipline employees, provided that a claim by an employee who has worked 30 days, that he has been discharged without reasonable cause, shall be subject to the provisions of the grievance procedure:

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

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

ARTICLE 5 -- UNION SECURITY

5.1 The Employer agrees that whenever additional personnel covered by this agreement are required, he shall call the Union Dispatcher, who shall attempt to supply qualified men as soon as possible; the employer may, if the Union is unable to supply qualified personnel, hire on the open market, provided such men shall become members of the Union within seven (7) days of such hiring or be dismissed. The Company may recall former regular employees through the Union Office, who have been absent from the Company up to one year, provided they are in good standing with the Union.

5.2 The Employer agrees all personnel hired shall be required to have a clearance card issued by the Union Office before such personnel start work, unless other arrangements are made by the Union Dispatcher.

5.3 The Employer agrees on written authorization from the employee to deduct initiation fees, regular monthly dues, working dues and annual assessments from the employee's wages and to submit such dues, fees and assessments together with Pension and/or Benefit contributions as set out in this Agreement on or before the 15th day of the month following the month in which such deductions were made. The Employer shall, when making all remittances to the Union, identify employees both by name and Social Security Number and indicate the amount deducted from each employee.

5.4 The Employer agrees to give preference to sub-contractors under agreement with the Union, to perform work covered by this agreement, insofar as the sub-contractor has offered a competitive price.

ARTICLE 6-- GRIEVANCE PROCEDURE AND ARBITRATION

6.1 The parties to this agreement are agreed it is of the utmost importance to adjust complaints and grievances as quickly as possible.

6.2 It is understood and agreed that an employee does not have a grievance until he has

GC Hudson Supply Limited

discussed the matter with his foreman and given him an opportunity of dealing with the complaint.

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

STEP 1 -- Within 5 full working days after circumstances giving rise to the grievance occurred or originated, the aggrieved employee shall present his grievance orally or in writing to the official of the Employer named by the Employer, to handle grievances at this step. If a settlement satisfactory to the employee concerned is not reached within two full working days, the next step in the grievance procedure may be taken at any time in two full working days thereafter.

STEP 2 -- The aggrieved employee may, with his steward or union representative, present his grievance, which shall be reduced to writing on a form supplied by the Union and approved by the Employer to the official of the Employer named by the employer to handle grievances at this step. Should no settlement satisfactory to the employee be reached within two full working days, the next step in the grievance procedure may be taken at any time within two full working days thereafter.

STEP 3 -- The Union Grievance Committee, if it considers it a valid grievance, may submit the grievance to a committee of the Employer and the respective committees shall meet as promptly as possible thereafter, in an endeavour to settle the grievance. If a satisfactory settlement is not reached within ten full working days from this meeting and if the grievance is orie which concerns the interpretation or alleged violation of this agreement, the grievance may be submitted to arbitration as provided at any time within 14 full working days thereafter, but not later.

Arbitration 6.4 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 above and which has not been settled will be referred to a Board of Arbitration at the request of either of the parties hereto.

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

6.6 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 5 full working days of the notification mentioned in (b) above, the Minister of Labour of the Province of Ontario will be asked to nominate a member of the judiciary of the Province of Ontario to act as Chairman.

6.7 The decisions of the Board of Arbitration or a majority of such Board constituted in the above manner shall be binding on the employer, the employee and the Union.

6.8 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 provision for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement.

6.9 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, if any, of the Chairman.

GC Hudson Supply Limited

6.10 a) The nature of the grievance, the remedies sought and the section or sections of the agreement which are alleged to have been violated, shall be set out in the written record of the grievance and may not be subject to change in later steps.

b) In determining the time, which is allowed in the various steps, Sundays and Statutory Holidays will be excluded and any time limits may be extended by agreement in writing.

c) If advantage of the provisions of Article 6 hereof is not taken within the time limit specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be reopened.

ARTICLE 7 -- MANAGEMENT AND UNION GRIEVANCE

7.1 It is understood that the employer may file a grievance with the Union to be dealt with at a meeting of the employer and the Union as promptly as possible within 10 full working days after the filing of the grievance. If a satisfactory settlement is not reached within 10 full working days after this meeting and the grievance concerns the interpretation or alleged violation of this agreement it may be submitted to arbitration as provided in Article 6 hereof at any time within 14 full working days thereafter but not later.

7.2 A union policy grievance which is defined as an alleged violation of this agreement concerning all or a substantial number of the employees in the bargaining unit, in regard to which an individual employee could not grieve or in regard to which a substantial number of employees have signified an intention to grieve, may be brought forward in writing at Step No. 3 of the grievance procedure at any time within 10 full working days after the circumstances giving rise to such policy grievance occurred and if it is not settled at this stage, it may go to a Board of Arbitration in the same manner as a grievance of an employee.

ARTICLE 8 -- SAFETY

8.1 Both parties to this agreement recognize their joint responsibility for safety. To this end, it is agreed that every employee may be required to own and wear a safety helmet of a type approved by the Construction Safety Association, conforming to regulations as to identification and the employer agrees that such helmets may be purchased from him at cost. However, if the employee already owns a CSA approved safety helmet, it should be accepted or traded in for one with the Company colour at no charge.

It is also agreed that every employee may be required to own and wear CSA approved safety boots.

8.2 In co-operation with the employer's overall program of accident control and prevention, the steward or an employee shall report to the foreman for immediate investigation any alleged unsafe conditions, unsafe acts or violations of safety regulations for correction if required.

8.3 The Employer, the employees and the union agree to abide by the prov1s1ons of the appropriate safety acts and regulations, including the Safety Code for Mobile Cranes CSA Standard Z150.

GC Hudson Supply Limited

8.4 No employee shall perform any duty where a safety hazard exists without another person being present at the job site.

8.5 Non-working foremen and persons above the rank of non-working foremen, shall not be allowed to operate equipment, except in an emergency or until a regular operator can be located.

8.6 An employee who is injured during working hours in a compensational accident and is required to leave for treatment or is sent home because of such injury shall receive payment for the remainder of the shift at his regular rate of pay.

8.7 No employee will be discharged by his employer because he fails to work in unsafe conditions contrary to the provisions of the Construction Safety Act of Ontario. Any refusal by an employee to abide by such regulations after being duly warned will be sufficient cause for dismissal.

ARTICLE 9 - NO STRIKES OR LOCKOUTS

9.1 During the life of this agreement, the Union agrees there will be no strike, work stoppage, slowdown, picketing or any other act which will interfere with any operation of the employer and the employer agrees that he will not cause a lockout. The employer shall have the right to discharge or otherwise discipline employees who take part in, or instigate any strike, picketing, work'stoppage, which interferes with an operation of the employer.

9.2 The Union on whose behalf this agreement is entered into shall not involve the employer in any dispute which may arise between the Union and any other company and the employees of such other company.

9.3 The Union will not condone a work stoppage or observe any picket line placed on a job site for jurisdictional or organizational purposes.

ARTICLE 10 - GOVERNMENT LEGISLATION

10.1 In the event that any of the provisions of this Collective 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 that conflicting provision without in any way affecting the remainder of the Collective Agreement.

ARTICLE 11 - UNION REPRESENTATION

11.1 The number of stewards to be recognized shall be mutually agreed upon by the parties hereto.

11.2 It is the intent of this agreement that the steward will be selected from among permanent and experienced employees who are familiar with the operations of the employer. The employer shall not be obliged to recognize the steward until he has been informed in writing by the Union of the name of the steward as he is appointed.

11.3 The Union acknowledges that the stewards, union officers, or members of the Union Committees who are employees of the employer have regular duties to perform as an employee and agree such duties will be performed in accordance with the terms of this agreement. The Employer

GC Hudson Supply Limited

agrees he will not discriminate against any such employee who performs these Union duties in a proper manner.

11.4 Further, such Union representative will not leave his regular duties for the purpose of conducting business on behalf of the Union without first obtaining permission of his foreman or immediate supervisor and such permission shall not be unreasonably withheld. When resuming his regular duties such employee will report to his foreman or supervisor.

11.5 Representatives of the Union may make arrangements with the job supervisor or his designated representative to meet with the steward or other employees, provided it does not interfere with the work.

ARTICLE 12- WAGES AND CLASSIFICATIONS

12.1 1. Engineers operating cranes, shovels, clams, backhoes, mobile truck cranes, milling machines, hoe rams and similar equipment.

HOURLY VACATION BENEFIT PENSION PACKAGE RATE PAY PLAN PLAN

MAY 1 2013 $30.08 $3.01 $4.82 $5.28 $43.19 MAY 1 2014 $30.76 $3.08 $5.02 $5.28 $44.14 MAY 1, 2015 $31.45 $3.15 $5.22 $5.28 $45.10

2. Operators of Bulldozers, tractors, scrapers, graders, overhead loaders or similar equipment, industrial tractors with excavating attachments, kubota type backhoe and skid steer loaders.

HOURLY VACATION BENEFIT PENSION PACKAGE RATE PAY PLAN PLAN

MAY 1 2013 $29.23 $2.92 $4.82 $5.28 $42.25 MAY 1 2014 $29.91 $2.99 $5.02 $5.28 $43.20 MAY 1 2015 $30.59 $3.06 $5.22 $5.28 $44.15

3. Heavy duty field mechanic and field welder. HOURLY VACATION BENEFIT PENSION PACKAGE RATE PAY PLAN PLAN

MAY 1 2013 $28.21 $2.82 $4.82 $5.28 $41.13 MAY 1, 2014 $28.89 $2.89 $5.02 $5.28 $42.08 MAY 1, 2015 $29.57 $2.96 $5.22 $5.28 $43.03

4. Field service mechanic and power sweeper. HOURLY VACATION BENEFIT PENSION PACKAGE RATE PAY PLAN PLAN

MAY 1, 2013 $27.64 $2.76 $4.82 $5.28 $40.50 MAY 1, 2014 $28.32 $2.83 $5.02 $5.28 $41.45 MAY 1, 2015 $29.00 $2.90 $5.22 $5.28 $42.40

5. Oilers. HOURLY VACATION BENEFIT PENSION

PACKAGE RATE PAY PLAN PLAN

MAY 1 2013 $25.85 $2.59 $4.82 $5.28 $38.55 MAY 1, 2014 $26.54 $2.65 $5.02 $5.28 $39.49 MAY 1, 2015 $27.22 $2.72 $5.22 $5.28 $40.44

GC Hudson Supply Limited

z 6. Yardman (licensed).

HOURLY VACATION BENEffi PEN,SION PACKAGE

RATE PAY PLAN 'PLAN

MAY 1 2013 $26.98 $2.70 $4.82 $5.28 $39.78 MAY 1 2014 $27.66 $2.77 $5.02 $5.28 $40.73 MAY 1, 2015 $28.34 $2.83 $5.22 $5.28 $41.67

12.2 Operators shall be paid their regular rate if utilized as mechanics in the shop or yard.

12.3 When operators are required to work in the shop or yard for more than one week duration, his regular rate may be reduced by sixty cents (60¢) per hour.

12.4 Rates for new types of equipment not presently used by the employer shall be classified and agreed upon by the Union and the Employer as conditions indicate. However, the Union shall be notified in advance of the intended use of such equipment and said rates shall be incorporated within fifteen days of operation.

ARTICLE 13 -- APPRENTICE PROGRAM 13.1 Apprenticeship program for new equipment operators with a voluntary ratio of 5

journeymen to one apprentice. Hourly rate of pay as follows-

EXP.ERIENCE %OF PAY RATE . ·.

0-1000 hours 70% 1001-2000 hours 80% 2001-3000 hours 90% Over 3000 hours 100%

An apprentice shall not displace a regular operator.

ARTICLE 14 -- PAYMENT OF WAGES 14.1 Wages shall be paid weekly, by cash, cheque or pay direct, at the option of the employer, during

working hours and shall be accompanied by a statement identifying the employer and setting out regular hours, amount of vacation pay as well as deductions for income tax, unemployment insurance, and pensions.

14.2 In case of lay-off, all employees shall be paid up to date on the job site where practicable; otherwise cheques, and "Record of Employment", shall be forwarded by registered mail to his last known address as soon as practicable.

ARTICLE 15 -- HOURS OF WORK AND OVERTIME

15.1 Overtime at the rate time and one-half the employee's current hourly rate shall be paid to all employees, for all authorized work in excess of ten (10) hours per day, Monday to Friday inclusive. All work performed on Saturdays and Sundays shall be deemed overtime work and paid at double the current hourly rate.

15.2 Shift Premium: A premium of $3.00 will be paid for all work performed on a regularly scheduled second or third shift.

ARTICLE 16- STATUTORY HOLIDAYS 16.1 For the purpose of this agreement, the following days shall be considered as Statutory Holidays

and all authorized work performed on such days shall be paid at the rate of double time.

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New Year's Day Canada Day Christmas Day

Family Day Civic Holiday Boxing Day

Good Friday Labour Day

Victoria Day Thanksgiving Day

lime off without pay on Remembrance Day will be granted on request to any employee who is a war veteran.

16.2 When the date of the Canada Day Holiday falls on a Tuesday, Wednesday, or Thursday, the observance of the Canada Day Holiday may be changed to a Monday or Friday with the consent of all employees.

The employer shall have each employee sign a consent form when the Canada Day Holiday is changed to another day.

ARTICLE 17 - REPORTING TIME 17.1 Four hours pay, together with travelling expenses if applicable, shall be paid by the Employer

when an employee covered by this agreement reports for work at the employer's shop or job, but work is not available. The employee shall remain on site for four hours after his designated starting time if requested by his foreman. No reporting time shall be allowed where an employee has been informed not to report to work and such information was given to him on the previous day.

17.2 Two hours pay, together with travelling expenses if applicable, shall be paid by the Employer when an employee covered by this agreement reports for work at the employer's shop or job, but work is not available due to inclement weather. The employee shall remain on the job for two hours after his designated starting time. However, no reporting time shall be allowed where an employee has been informed not to report for work and such information was given to him before quitting time on the previous day.

ARTICLE 18- VACATION PAY 18.1 Vacation and Statutory Holiday credits shall be paid to employees covered by this Collective

Agreement at the rate of ten percent (10%) of the gross wages earned. It is understood and agreed that four percent (4%) is to be considered in lieu of statutory holiday pay. It is further understood and agreed that the vacation indemnity will be paid on each pay period.

ARTICLE 19- TRAVELLING EXPENSES

19.1 Effective May 1, 2013 there will be a travelling allowance paid at the rate of $0.61 per kilometre, each way to and from the job site, beyond a radius of 24 kilometres from the employees' place of residence or to a limit of 160 kilometres per day. Effective May 1, 2014 the rate will be $0.62 per kilometre and effective May 1, 2015 the rate will be $0.64 per kilometre.

ARTICLE 20- LIVING OUT ALLOWANCE

20.1 Effective May 1, 2013, where employees are required to work beyond a 100 kilometre radius from his place of residence, the employer shall pay a living out allowance of $75.00 per day worked. Effective May 1, 2014 the rate will be $77.00 per day and effective May 1, 2015 the rate will be $79.00 per day.

20.2 The living out allowance shall not apply where the Company supplies full room and board.

GC Hudson Supply Limited

ARTICLE 21- HEALTH PLAN- PENSION PLAN

21.1 The parties hereto agree that the employees benefit plans shall be jointly trusteed by an equal number of trustees appointed by Employers and a like number of trustees appointed by the Union.

21.2 The amount of monies to be paid into the Health Plan by the Employer shall be, effective May 1, 2013, $4.82 per hour for each hour earned by each employee in his employ, which monies shall be paid to the International Union of Operating Engineers, Local 793, Members Life and Health Benefit Trust of Ontario. Effective May 1, 2014, it shall be $5. 02, and effective May 1, 2015, it shall be $5.22.

21.3 The amount of monies to be paid into the Pension Plan by the Employer shall be, effective May 1, 2013, $5.28 per hour for each hour earned by each employee in his employ, which monies shall be paid to the International Union of Operating Engineers, Local 793, Members Pension Benefit Trust of Ontario.

21.4 Effective May 1, 2013 the Employer agrees to contribute the sum of Ten Dollars and Ten Cents ($10.10) per hour for each hour earned by each employee in his employ to the International Union of Operating Engineers, Local 793 Member Life and Health Benefit Trust of Ontario (the "Welfare Plan") and to the International Union of Operating Engineers, Local 793 Members Pension Benefit Trust of Ontario (the "Pension Plan"). Effective May 1, 2014 the Employer agrees to contribute the sum of Ten Dollars and Thirty Cents ($10.30) per hour for each hour earned by each employee in his employ to the Welfare Plan and Pension Plan. Effective May 1, 2015 the Employer agrees to contribute the sum of Ten Dollars and Fifty Cents ($10.50) per hour for each hour earned by each employee in his employ to the Welfare Plan and Pension Plan.

21.5 The allocation of the contributions specified under the terms of Article 21.4 above between the International Union of Operating Engineers, Local 793 Members Life and Health Benefit Trust Fund of Ontario and Pension Benefit Trust Fund shall be distributed by an independent administrator appointed by mutual agreement of the Health and Benefit Trustees as set out in Appendix "A" of this collective agreement.

21.6 a) These monies shall be remitted in accordance with this Collective Agreement and shall be remitted by the 15th day of the month following the month in which the hours have been earned, together with supporting information entered on a Reporting Form as designated by the Trustees and at no time shall the contributions be paid directly to the employee.

b) If payment is over thirty (30) days late, the Employer shall pay to the appropriate fund as liquidated damages and not as a penalty, an amount equal to 2% per month compounded monthly (26. 7% per annum) for any delinquent contributions, calculated from the date due, provided the Employer has received five (5) days prior written notice to correct such delinquency and has not done so. In addition, the delinquent employer may be required by the Trustees of the Funds to deposit with the Trustees a five thousand dollars ($5,000.00) cash bond.

c) With reasonable cause, the Trustees may request an Employer to submit to them within a stipulated period a certified audited statement of payroll contributions to these funds for a period not to exceed the period from the effective date of this agreement until the date the audit takes place. Such statements shall reply to the questions submitted to the Employer by the Trustees.

d) If the Employer does not submit the certified audited statement as per Article 20.4, (c), the Trustees may appoint an independent chartered accountant to enter upon the Employer's premises during regular business hours to perform an audit of the Employer's records only with respect to the Employer's contributions or deductions to the required Employee Benefit Plan.

e) Where the Trustees appoint an auditor the cost shall be borne by the appropriate plan.

GC Hudson Supply Limited

21.7 In the event such audit reveals that the Employer has failed to remit contributions in accordance with the provisions of this agreement, the Employer shall, within 5 days of receipt of written notice from the Trustees, remit all outstanding contributions along with completed supporting contribution report forms as required by the Plan.

21.8 When an Employer fails to remit all delinquent contributions the provisions of Article 21.4, (b) shall apply and the Union on instructions from the Trustees, shall immediately institute proceedings against the delinquent Employer under Section 133 of the Labour Relations Act of Ontario. All costs of such actions shall be borne by the appropriate plan or fund unless otherwise recoverable.

21.9 The consistently delinquent employer may be required by the trustees of the funds to deposit with the trustees a cash bond, an irrevocable line of credit or equivalent acceptable security payable to the trustees of the International Union of Operating Engineers Benefit Trust Fund. The maximum sum that an employer may be required to deposit with the trustees of the International Union of Operating Engineers Benefit Trust Fund with respect to all contributions to the various funds shall be $25,000.00 in total.

21.10 If an Employer does not have any employees in his employ he shall submit a nil report in accordance with the provisions of Article 21.4.

21.11 Working Dues Check-Off Employer agrees to deduct from each employee in the bargaining unit, working dues at the rate of two percent (2%) of the total package which includes hourly rate, vacation pay, health plan and pension plan contributions, but does not include training and advancement funds, for each hour earned by each employee. Such deductions shall be forwarded along with the remittances required under Article 21.2 and 21.3 and supporting information shall be as required by the Trustees on the Reporting Forms. Such deductions shall be immediately paid to the Union by the administrator of the plans.

21.12 The Union agrees to hold harmless and indemnify the Employers, the Employer Bargaining Agency, and the Trustees against any liability incurred as a result of deductions made under Article 21.9 above.

21.13 Advancement Dues Check-Off The Employer shall deduct fifteen cents ($0.15) per hour for each hour earned by employees covered by this Agreement for Advancement Dues. The amount contributed shall be remitted together with other monthly contributions and deductions in the manner set out in the Collective Agreement.

21.14 Training Fund Effective May 1, 2013 the Employer shall contribute thirty-three cents ($0.33) for each hour worked by each employee covered by this agreement, to a mutually trusteed fund. Effective May 1, 2014 the rate will be thirty-eight cents ($0.38) for each hour worked and effective May 1, 2015 the rate will be forty-three cents ($0.43) for each hour worked.

ARTICLE 22 - SCOPE OF WORK 22.1 It is understood that Articles 1 to 23 inclusive constitute a working agreement for works

traditionally carried out by the Employer while constructing: Sewer and Watermain construction and all other work not specifically covered under the Provincial Collective Agreement, effective May 1, 2013.

ARTICLE 23 - EMPLOYMENT EQUITY

23.1 The Employer and the Union mutually recognize the need for employment equity initiates. Following joint investigation and consultation, the parties agree to meet to develop an employment equity plan.

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23.2 Whenever the masculine gender is used in this Agreement, the Agreement shall be read as if the feminine gender was included, and all the terms of this Agreement shall be applied equally to all members of the Union without discrimination of any nature whatsoever because of race, sex, religious beliefs; political opinions or any other ground prohibited by the Ontario Human Rights Code.

IN WITNESS WHEREOF the parties have caused this instrument to be executed by their duly authorized representatives

This the frt'- day of

ON BEHALF OF THE EMPLOYER:

G.C. Hudson Supply Limited RR #3, 224 Hudson Point Road Brockville, Ontario K6V 7E3

Tel: 613-342-4578 Fax: 613-342-4702

Signatf!ia:$if{

Print Name

'2014.

ON BEHALF OF THE UNION:

International Union of Operating Engineers, Local793

Alex Law, Treasurer

i:;;dal~

GC Hudson Supply Limited

APPENDIX "A"

Article 21.4 of this collective agreement requires that the Employer shall make a single monthly payment to an independent administrator appointed by the Trustees of the Health Plan and the Pension Plan for contributions owing to the two plans. The administrator shall be responsible for ensuring that the contributions are allocated and made on behalf of each Employer and employee to the Health Plan and the Pension Plan as follows:

Effective May 1 't, 2013:

(i) for employees with $6,750.00 or fewer dollars in their Health Plan Dollar Bank; Five Dollars and Twenty-eight Cents ($5.28) to the Pension Plan; and Four Dollars and Eighty-two Cents ($4.82) plus retail sales tax (RST) at the applicable rate on these contributions to the Health Plan.

(ii) for employees with more than $6,750.00 in their Health Plan Dollar Bank; Ten Dollars and Ten Cents ($10.10) to the Pension Plan for benefits; and Nil ($0) to the Health Plan.

Effective May 1 't, 2014:

(i) for employees with $6,750.00 or fewer dollars in their Health Plan Dollar Bank; Five Dollars and Twenty-eight Cents ($5.28) to the Pension Plan; and Five Dollars and Two Cents ($5.02) plus retail sales tax (RST) at the applicable rate on these contributions to the Health Plan.

(ii) for employees with more than $6,750.00 in their Health Plan Dollar Bank; Ten Dollars and Thirty Cents ($10.30) to the Pension Plan for benefits; and Nil ($0) to the Health Plan.

Effective May 1st, 2015:

(i) for employees with $6,750.00 or fewer dollars in their Health Plan Dollar Bank; Five Dollars and Twenty-eight Cents ($5.28) to the Pension Plan; and Five Dollars and Twenty-Two Cents ($5.22) plus retail sales tax (RST) at the applicable rate on these contributions to the Health Plan.

(ii) for employees with more than $6,750.00 in their Health Plan Dollar Bank; Ten Dollars and Fifty Cents ($10.50) to the Pension Plan for benefits; and Nil ($0) to the Health Plan.

GC Hudson Supply Limited