~RLLADIUM - Ontario.ca

21
Mining for Gle<ll1 Air l.acdesllesMin01Ltd. COLLECTIVE AGREEMENT Between LAC DES ILES MINES LTD. and UNITED STEELWORKERS LOCAL9422 June 1, 2018- May 31, 2021

Transcript of ~RLLADIUM - Ontario.ca

~RLLADIUM Mining for Gle<ll1 Air

l.acdesllesMin01Ltd.

COLLECTIVE AGREEMENT

Between

LAC DES ILES MINES LTD.

and

UNITED STEELWORKERS LOCAL9422

June 1, 2018- May 31, 2021

TABLE OF CONTENTS TABLE OF CONTENTS CONT .. .

ARTICLE 25 ·JURY AND CROWN WITNESS ABSENCE ............................................................. 27 POSE ..................................................................................................................... 4

ARTICLE 26 ·BEREAVEMENT LEAVE ............................................................................ ................ . 27 " l · RESPECT AND DIVERSITY, ........................................................................................ 4

ARTICLE 27 ·EMPLOYEE BENEFITS .......... ., ........................................................ ............. .............. 28 ~ l- SCOP'E .................................................................................................................. 4

ARTICLE 28 ·HEALTH AND SAFETY ......................................................................... .. ....... ............. 31 "' lA ·DEFINITIONS .................................................................................................................. 4

ARTICLE 29 ·WAGE SCHEDULE ........................... , ......... ......... ......................................................... 32 -" -* -IUHAGEMENT RIGHTS ................................................................................................. 5

ARTICLE 30 ·BULLETIN BOARDS .................................................................................................... 32 ~ S • RECOGNITION .................................................................................................... 6

ARTICLE 31 ·MISCELLANEOUS ....................................................................................................... 33 MEMBERSHIP ..................................................................................................... 6

ARTICLE 32 • CALL·OUT ...................................................................................................................... 33 OUES AND CHECK OFF ................................................................................... 6

ARTICLE 33- MEDICAL CERTIFICATE ·ILLNESS ...... ; ...... , .......................................................... 34 REPRESENTATION ......................................... ................................................... 7

ARTICLE 34 • CONTRACTING-OUT ................................................................................................... 34 JTY ......................................................................................................................... 9

ARTICLE 35 ·WORK BY SUPERVISORS ......................................................................................... 34 TlONS AND JOB TRANSFERS .................................................................. 10

ARTICLE 36 ·PREMIUM AND ALLOWANCES ................................................................................ 35 "' \ t - '1EUII EMPLOYEES AND TEMPORARY EMPLOYEES ....................................... 11

ARTICLE 37 ·DURATION OF AGREEMENT .................................................................................... 35 - U ·LAYOFF AND RECALL ............................................................................................... 12

U- TECHflOLOGICAL CHANGE ..................................................................................... 15 APPENDIX A· WAGE SCHEDULE ........................................................................... 30

" U ·GRIEVANCE PROCEDURE ........................................................................................ 16 APPENDIX B ·POSITIONS I PROGRESSIONS ............................................................ 30

"' 15 • AASITRA TION ............................................................................................................... 19

" 16 · .NO STRIKES/NO LOCKOUTS .................................................................................. 20

"' 17- HOURS OF WORK ...................................................................................................... 20

"' 1! ·OVERTIME ..................................................................................................................... 21

co..e 19 ·JOB CLASSIFICATION AND DESCRIPTION ......................................................... 22

.t.RT1CI..E 20 ·VACATIONS WITH PAY .............................................................................................. 23

:: 2'1 ·GENERAL HOLIDAYS ................................................................................................. 24

ARTICLE 22 ·PERSONAL LEAVE ................................................... ........... ...... ....... ........ .................. 25

.t.R.TICLE 23- UNION LEAVE ............................................................................................................... 26

AAT'ICLE 24 ·EDUCATION LEAVE .................................................................................................... 27

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1.1

1.2

2.1

2.2

2.3

3.1

3.2

3.3

3.1A

ARTICLE 1 ·PURPOSE

The purpoile of this Agreement Is to further a JJrOducl ve. etf~elent and harmonious worldng relationship between the Company and Its Employees. It Is therefore recognized by the Agreement to be the duty of Uha Company and the Employ86s to cooperate fully, individually and collectively, for the achievement of this purpose.

Ills also the purpose of this Agreement to establish wage rates, hours of work and other oondiUons of emplOyment as outlined In tho CollecUva Agreement end to provide a method of settlement of disputes and grievances of Employees covered by this Agreement. Any amendments to this Agreement ag(aed to between the parties shall be reduced to writing and signed by both parties.

ARTICLE 2 ·RESPECT AND DIVERSITY

The parties agree there will be no dlsc~mlnatlon against a~ Employee by reas<m of ecUvlty In Uho Union or by re~son of non-activity In the Union or by mason of the provisions In lha Human Rights Coda which lnclu~es race, ancestry, place or origin, colour, olhnlcorigln. cntzanshlp, greed, sax, sexual orlenlation, gender Identity, gender expression, age, record of offences, marital status. ramny status or disability.

T11e Company and Union will cooperate to promote the obligations In the Occupational Health and Safety Acl against workplace harassment, sexual nares11ment and violence, and the protection against sexual harassment In Uhe Human Rights Code.

Tha Company and U11lon WiM cooparale on Indigenous communllles' lniUaUves of common Interest that promote acceptance, recognition and support, Including coopeletlon to facilitate employment opportunity commilmenls (Where applicable) on a case-by-case basis.

ARTICLE 3 -SCOPE

This Agreament shall appl~ lo all' Employees of lee Des lies Mines Ltd. at the mine site at Lac des lias, and at any othar Company support facility operated In the Province of Ontario. save and except foreman. persons aliove the-rank of lonemen, safety co· ordlnator, surveyors, dispatchers, office and clerical wort<ers, s_ecurlty personnel, technical staff and food and camp service workers.

The parties hereto agree that the relations between them shall be governed by the terms of this Agreement.

II Is agreed that this Agreement contains the complete understand<ng b.e~veen the parties for the term of this Contract Any additions. deiedcms, changes. amendments or waivers af!ecUng the terms of this Agreement snail only be discussed between the Company and the Union's negotiating committee. Any agreements. amendments or changes arn'vad at by mutual ag reement between the Company and the Union shall become effective upon being reducsd to writing and signed by both parties.

ARTICLE 3A ·DEFINITIONS Parties:

3.2A

3.3A

3.4A

3.5A

3.6A

3.7A

4.1

Wherever the word "parties" appears in this Agreement, it will mean the Company anc the Union.

Regular Rate: Wherever that term is used in this Agreement shall mean the rate or pay for the Employee's classification as set forth in Appendix A excluding any overtime, any premiums or any allowances whatsoever.

Quattncatlons: "Quallllcatlons' Wherever that term is used In this Collective Agreement is defined as ability. skills. experience, training/education, physical fitness and job performance of an Employee.

Gander: In all cases where the Agreement refers to a person, the reference shall be to both genders (mala and female).

Students: Wherever that term is used In this Agreement, It will mean a person who is employed during his annual break from academic studies, and who plans to continue with his academic studies following his annual break.

Employee; Employee as referred to in this Agreement shall only include those IJ'IlfSOns falling w<lhtn the bafllalnlng unit referred to in Miele 3.1 and 5.1 of this Agreement.

Designated Bulletin Boards: Wherever this term is used in this Agreement it includes a glass enclosed bulletin board hung in a convenient and visible location in the kitchen.

ARTICLE 4 • MANAGEMENT RIGHTS

The Union recognizes and _acknawledges !hal the management of the Company's operations and direction of the WOfl<.lng force ara fiXed exclusively with the Company ;md shalt remain solely with the Company, except as speCifically limited by en express provl.slon of thl9 AgreemenL Without restricting the generaHty of the foregoing, the Union acknOWledges lhatlt fs the exct11slve right of tne Company to:

(a) maintain order, discipline and efficiency;

(b) hlru. classify, tmnsfer. assign, appoint, promote, dornote, layoff, recall , suspend 311d to dlsclpilne or discharge, any Employee for just cause provided that a claim by an Employee who has completed the probationary period and acquired seniority-that he hlls been discharged or disciplined without just cause may be the subject of a griavanca and/or ar!Jitration end dealt with as hereinafter provided;

(c) operate the Company in all respects as may be deemed necessary by the Company and without restricting the generality of the foregoing, to determine:

(i) the kinds and locations of machines, equipment and materials to be used;

(ii) the allocation and number of Employees;

(iii) scheduling of work and services to be performed and provided;

(iv) the assignment and methods of work;

(v) the qualifications of an Employee to perform any particular job; and

(vi) all other matters concerning the mine's operations.

ARTICLE 5 • UNION RECOGNITION

The Company recognizes the Union as the sole and exclusive bargaining agent for the Employees defined in Section 3.1.

No person Shall solicit mQmbershlp in the Union or in any other labour organization, or colla;;t dUes, initiation lees, fines or assessments for the Union or any other labour organization on Company time or work areas.

in person shall engage in any Union or labour orgenlzaUon activity on Company time or wGrk aroas, except to the extent expressly provided for in the Agreement, or by law.

The \iealtl1 and Safety ·Advisor, and II uriaiiBIIable another Union designated r~esente llve, will be prov1d9d with lhe oppoitunlly to present lo newly hired ~yl!ss on the Union and the collective agreement during orlentatkln. Nothing In

Agreement prevent& the Union Presldonl or his representative from familiarizing raw Employees with the Union during non·wortclng hours.

he C-ompany will send electronically. a notloe to lhe Union tor each now Employee in bar:galnlng unit hired orr or beloro lhe first week of work . The notl~e will contain the

Emp!ayae's name, classtficadon. date or' hire. home address, email address, and pi'ooM numbers. The Company will provide Ia the Employee ·a letter of introduction imm the Union.

ARTICLE 6- UNION MEMBERSHIP

~ 8t1jlloyea <,>1 the Company who was employed as at the dato of the appllcafton b certitit<~Oon. or who became en Employee subsequenl to that date, must join and ~ a member of lhe Union, and mainlaln that membership as a condition or his ~enl. All new Employees must join lhe Union wilhin thirty days of ~.roGement of employment.

ARTICLE 7 ·UNION DUES AND CHECK OFF

The Com~any shall deducl from the wage• of each Employee affected by the Agrnment. the amount of the regular Union dues.

Union Bflrees to indemnify and save the Company harmless against all claims ;y ari.s<.~ out ol . or by reason of, deductions made or payments made in

~~ witih this article.

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7.3

7.4

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7.6

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8.2

(b)(ii) Changes to union dues are done at the triennial international convention and th~ members are notified of dues increases at local membership meetings and by umon matllngs.

(a) The Company agrees to deduct monthly dues from the pay of each Employee such Union dues, or an amount equivalent to regular dues, fees, and assessments as prescribed by the Constitution of the Union.

(b) Dues so deducted each pay period shall be remitted along with a list of Employees rrom whom such deductions have been made within one week following su~h deduclrons for the month and shall be payable to the International Treasurer, Unrted Steelworkers, P.O. Box 13083, Postal Station "A", Toronto, Ontario, M5W 1V7.

The monthly remittance shall be accompanied by a statement showing the names of each Employee from whose pay deductions have been made and the total amount deducted. Such statements shall also list the names of Employees from whom no deductions have been made and the reasons why, along with any forms required by the lnternatio.nal a~d a copy of these remittances shall be sent electronically to the Local9422 Frnancral Secretary and to the designated District 6 Staff Representative.

Each Employee's T 4 slip shall clearly show the amount of money deducted and remitted.

The Union will advise the Company in writing, as to the amount of the regular monthly Union dues.

With respect to the USW Humanity Fund, the Company hereby agrees to deduct from each Employee covered by this Agreement, twice per year, the sum of $11 .00 to be remitted to the USW Humanity Fund semi-annually, after lhe second pay in January and July.

II is understood that participation by an Employee in the USW Humanity Fund Program of deductions set. forth above may be discontinued by an Employee after receipt by lhe Payroll Administrator of that Employee's written statement of his desire to discontinue such deductions from his pay.

ARTICLE 8- UNION REPRESENTATION

.The Company will recognize a grievance committee consisting of not more than six (6) Employees of the Company, designated by the Union, in writing, provided however, not more than three members of the committee shall attend at any grievance meeting. Any membership change in the grievance committee will be submitted in writing to the Company.

The Comp~ny will establish and maintain a joint Occupational Health and Safety Commtllee In accordance wrth the Occupational Health & Safety Acl. The Committee will be made up of an equal number of representatives from both the Company and the Union in accordance with the JOHSC Terms of Reference. The Union will designate in writing, the names of Union Employees of the Company or aile mates who

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8.5

8.6

shall be Employees of the Company as members of the said committee, provided, however, not less than two such members shall attend at any meeting of the committee. The Company will notify the Union in writing of Its representatives on the committee.

(a) The Company will recognize a negotiating committee of not more than five Employees of the Company designated by the Union In writing, provided, however, not more than four members of the committee shall attend any negotiating meeting.

(b) The Union will furnish a written list to the Company giving the names of all members on the negotiating committee. Any membership change in the committee will be submitted In writing to the Company.

(c) A maximum of four Employees on the negotiating committee will not lose pay for time spent in negotiating meetings with the Company for renewal of this Agreement when such negotiating meetings occur during their regularly scheduled hours of work. Time spent in negotiating meetings with the Company for renewal of this Agreement when such negotiating meetings occur during such Employee's regularly scheduled hours of work includes necessary travel time to attend such negotiating meetings with the Company.

The Union will furnish a written list to the Company, giving the names of all committee members and alternate committee members, This written list will be kept current by the Union. Only those Union members, whose names have been given to the Company in writing, will be recognized by the Company.

(a) Insofar as possible, the grievance procedure will be oonducted outside of working hours so as to reduce loss of production to a minimum. The Company will pay Employees for time spent on grievance procedure during the particular Employee's normal working hours. Such pay will be at the Employee's basic hourly rate.

(b) In the event that a Union representative or grievor is required to attend a grievance meeting with the Company outside his scheduled hours of work, he will be compensated at his basic hourly rate for time spent In such grievance meeting. These hours will not be considered hours worked for overtime purposes.

(c) The Company will provide to the Union electronic copies of any disclpllne Issued to an Employee In accordance with t4.8.

(d) At a Step 3 discipline grievance meeting, the Union's Staff Representative and/or Local President in attendance will be provided the opportunity to review statements provided by Employee(s) In the course of an Investigation giving rise to disclpline, which information they will keep strictly confidential for the purpose of issue resolution dialogue during the grievance process.

A union representative shall obtain permission in advance from the Immediate supervisor before attending to union business as provided for in this agreement. Such absence shall not interfere with the work and will not be unreasonably denied. The

union representative shall report back to the immediale supervisor before resuming normal dulies.

8.7 (a) The Company will permillhe Union access to the Company phone, fax machine and photocopier on the understanding that the Union makes a request for specific use of lhese facilities l'ith sufficlent advance notice and it also being understood that any such requested access will be at such times so as not to interfere with the Company's use of such facilities. Subject to the forgoing conditions, lhe Company will also provide a suitable room for periodic use by the Union for meetings, end for conducling Union business.

(b) The Company agrees, during the currency of lhe Colleclive Agreement, to make available to the Union a room containing three filing cabinets, a desk end a chair with adequate lighting.

ARTICLE 9 ·SENIORITY

9.1 Seniority is defined as an Employee's period of continuous service with the Company since his last date of hire~

9.2 Employees hired on the same date wili be placed on lhe seniorily list In order of the day of the month of lhe persons' birth date.

9.3 An Employee on authorized leave of absence duly authorized by the Company shall maintain his position on the seniority list, subject lo Article 27.5(iii), and shall have his benefils maintained during the term of such leave.

9.4 A new Employee shall be required lo undergo a probationary period consisting of fifty­two (52) shifts worked , On successful completion of this probationary period, an Employee's seniority shall be relroaclive to dale of hire.

9.5

9.6

The terms of lhis Agreement shall apply to all probationary Employees except lhal a probationary Employee will have no seniority rights during his probationary period. The discharge or termination of a probationary Employee shall be allhe sole discretion of the employer subject lo lhe requirement thatlhe decision is made bona fides.

An Employee's seniority and employment and all employment righls shall be lost by reason of:

(a) dismissal for just cause;

(b) volunlary resignation or quitting employment;

(c) failure to report for work or recall from layoff within one week of being notified in writing by registered mail to his last known address on file wilh the Company;

(d) retirement;

(e) absence from work unless a reasonable explanation acceptable to the Company Is furnished by the Employee within three days of start of such absence;

9.7

9.8

9.9

9.10

10.1

10.2

10.3

(f) absence due to lay-off for a period of twenty-four (24) months for Employees completing their probationary period

Wlfhln three (3) weeks after the elate of execullon <;>I !his Agreement. the Company will prepare lists of tho Employeas shoWing their '!<lnlorlty . Such lists shall be posted and romaln for a period of three (3) weeks for tho expres11 PUrPOSe that any Employee may make a complaint as to the correctness ol his seniority.

Seniority lists shell be ro;vlsecl and posted on desi~naled bullelln boards by the Company eVIlry three months. Any errors In the posted seniority lists shall be brought to the a!tentlon of the Company by wrilten notice from the Unlor- If no notice Is given within twenty-one (21) days· of a posting, the said posted lists shall be deemed Ia be correcl. No penally shall be Incurred by the Company due to any acUon taken on the basis of suon Inaccurate so~lority listing, pr.ovlded such action WllS taken prior to receipt of wrltlon nonce from the Union that such listing was In error. Where an error has ocwrred, tho Company shall re-Issue oorrecled seniority lists. Coincldanlal wllh flu! posting ot the new sentorlly ll•ts on the bulletln board, the Company will mall to the Union a oopy of· such seniority lists.

An Employee temporarily aulgned for a period of not more than six (6) months to a job outside the baroalnlng unit shall continue to accumulate seniority and remit regular monthly membership or Union dues.

An Employee transferred ~ndlor promoted to a permanent posiUon outside the ba'l)alnlng unit shall retJin all senlorlly held al lhe time of the trensfer and/or promollon, and wlllle-aclivale such seniority~ he returns to the bargaining unit within a olx (6) month pe"rioc following such transfer and/or promotion. If the Employee mts a permanent pOSitjon outside of the bargalnfi\Q unit for more tha~ six (6) montlls, the Employee shall lose all retained seniority. This eta usa ts not intended to be used Lo have an Employee bel~g ~warded multiple lemp<l(ary assignments loa management position.

ARTICLE 10 PROMOTIONS AND JOB TRANSFERS

The Company shall determine lhe number of Employees In each job classification and shall els.o determine If a vacancy in a job classlficalloh Is to be filled or to be left vacant.

Bargaining unH jobs will be posted for Cofllp;;ny-w!de applications where a new position falling within the bargaining unllls established.

When a vacancy occurs and the Company decides to fill the vacancy by the posting procedure, then:

(a) a job posUng, open 101 ten (10) days, will bo placed on desfgnated butlalln l;loards and tile afllployee self-service portal, and an electronic copy provided to the Unlo~. The job IIIIa, quallflcaUons, rate of pay, and last dale for receipt of applications will be listed In such postlngs.

(b) anticipated crew assignment for lhe vacancy, where applicable, without llmlllng transfer or reassignment among crews.

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10,4

10.5

10.6

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(c) all Employees will be eligible to apply for such jobs.

Written application forms supplied by the Company will be required on all jobs posted. Appllcall0ns must be mailed or delivered to the Company.

(a) In r.lllng posted positions, the senior applicant will be awarded fhB position where the ,qualifications aro rclaUvely equal between the cendldatus as datennlried by the Company. II there are no appljl;anlli whose quaiUicaUons meet the requirements for the pos1ed po•i!lon, !he Company may nit the position !rom any source.

(b) For the J>UrPOSB or assessing experience under quallncaUons I~ Artlole 3.3A, an ampJoyee wllh at least three years' expariam:o with the Company will be considered relatively equal to applicable prlor work eKperlence being assessed ror a more junior employee.

(e) Where en eppUcant has bean owarded a posted position ~a Is required 10 accept It, and where at any time within a period of forty-two ( 42) Shirts wotl<ed rrom the lime of assignment to the posl tion lhe Employee Ia permiUed to withdraw ror good and sufflcient cause or Is detennlned to be unsuitable, the Company may than fill lhe position Without a further posting, by selecting a qualified person frorn the list of applicants who hM initially applied for the posted posiUon, or from any other source If there is no quallfred applicant on the Its! Df those who had Initially applied. All Employee paff111H~d to withdraw cannot apply for another posting fOI' a period of six (6) monil)s and cannot app~y for the ciassina~tion from wlllch lhe employoe withdraw ror a period or lwalve (12) fllonths,

Where the Company dotermJnas lo proceed with the appeinlmohl. the namo of the successful applicant l/o111 be pasted on Company bulletin boards within len (1 0) days o( lhe dosing data of the Job pDSiing and provided aleatronicaUy to the Union. If a posted vacancy Is not filled, exoept In a case where lhe Company has Identified e>Clemat candidates and ts In the pror;ass of actively filling lhe vacancy, within twenty­five (26) days, the Company will re-post the vacanay once If lhe vacancy Is still to be filled.

ARTICLE 11- TERM EMPLOYEES (CONTRACT EMPLOYEES) AND TEMPORARY EMPLOYEES

"Term employees" are employees who are hired for a specifiod period of lima lo perform work of a speci fic nature or specific purpose where suoh work is nol a part of lh.a normal operations of tho Company.

The Company will provide the Union with a list of lhe names o!Term employee's, dale or hire, work Ia be performed end lhe expected duration ol the work lo be performed.

All Term employees who ~ave worked on the mine slle for a period exceeding three (3) weeks, shall be required lo pay an amount equivalent to monthly Union dues and the sum so deductod shall be treated as their conlribulion lo the expense or maintaining the Union.

"Temporary employees" ere employees who are hired lo replace Employees who are a~sent from wor1< due to sickness or accident, vacation, autho!fzed leave of absence

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12.1

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or for any other ree~on which the parties may agree is tempomry. A temporary Employee m~y bo h•red on such basts for up to siXty (60) days wo1kad of lhe Employee which OlDY be extended by tho Compsny after consultation with tho Union.

The Company may otfer term work or temporary work to any permanent Employees who may be laid off and who are eligible for recall. Such laid off Employees may either:

(i) accept term work or temporal)' work for the Company in which case the recoil period under article 9.8(1) will be extended commencing anew from the date of layoff from the recalled term or temporary position; or

(il) reject term work or temporal)' work for the Company for periods up to twenty-eight days without, in any way, affecting their recall rights.

Permanent Employees who are recalled as lei)Jl or lempomry employees for at least founeen (14) days afwoM< shall resuma enUtlement lo banerlls only in accordanco with the torms.of Ule Group Insurance Plnn. Employees recalled Into a job within the Jab class1ficel1ons established by the Company under this Agreement will not be considered term or temporary employees.

The hiring of term employees or temporary employees is subject to the following limitations:

(a) Such employees shall be classified and compensated on the same basis as permanent Employees however they will only acquire seniority rights as provided below.

(b) In the event a term employee or temporary employee o~talns a permanent position, !he term or temporary employee shell be required to undergo a rxobationary period In the permnnonl position. In such case all houra wor'l:ed as a term or temporary employee shall be crodlled toward the probationary palled sal out to 9.4 provided there Is no Interruption between Ina period of tempomry or-term omploymenl and hiring Into the permanent position.

Where the Company decides Ia fill a temporary vacancy in excess of three (3) days the position will be nlied by essl£1ning, temporarily the senior Employee in the next lower job to the vacant posidon provided thai Employee in the opinion of the Company, is qual~ied to pelform the work in the vacant position.

ARTICLE 12- LAYOFF AND RECALL

Notice of layoff shall be provided to employees In accordance with the Employment Standards Act.

La)'llffS shall be done by Department, and by classification or level within a progression . Dopar1ments shall consist of Mill, Warehouse, Surface Operations, Underground, and Maintenance.

(a) In cases of lay off, the Company shall first consider the requirements and the

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efficiency or the operatloros related to the available work required to be pelformed In determining which posiUons or pn:>gres.sions are to be lliTIICied by the layoff In lhe Department.

(b) The junior employee In the affected position or progression will receive the notice of layoff, provided the qualifications to pelform the available work within the required position or progression are relatively equal as between two employees.ln the event an Employee receives notice of layoff:

1. the Company shell provide a declaration form to each Employee identifying the positions for which the Employee has the Qualifications to exercise his seniority (.the declaration form also contains the positions and periods of term or temporary work the Employee declares he wishes to be recalled to); and

2. the Employee may accept the layoff; or

3. either

a. the Employee in a classification may exercise his seniority by the process in Section A; or

b. the Employee in a progression may exercise his seniority by the process in Section B.

Section A

An Employee choo•lng to exercise his senlonty may dlspleoe tha'junior Employee in one of the follolvlng classifications for which he has the Qualifications:

• most junior employee in the bargaining unit

• labourer

• Mill Operator 4

• Trades 5 (including current Trades 3 Wash Bay Attendants)

Heavy Equipment Operator

• Journeyperson Trades 1 -Millwright, Welder, Instrumentation Technician, Electrician, Heavy Duly Mechanic.

Section B

An affected Employee within his Department, in a higher classification within a progression, may bump down to displace the Junior Employee in a lower ~; iassillcallon within the Employee's progression.

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Section C

An Employee who is being laid off who is unable to exercise his seniority under Section A or Section B as applicable will have a right to exercise his seniority and bump the junior Employee in a classification for which the employee is qualified to undertake the work.

General

An employee displacing a junior Employee will be paid the rate of that displaced junior Employee.

The sequence election shall be in the order starting with the most senior Employee In the Department in the affected classification.

For all displacements, the senior employee must fulnt the condition in 12.3 (a) above,

In the application of the Employee exercising his seniority in A orB or C above that no training or trial period will be permitted, however a three (3) shift familiarization period (including orientation if required) will be permitted.

12.4 Notice referred to herein shall only apply to an employee who has completed his probationary period.

12.5 (a) Employees will be recalled from layoff on the basis of their seniority provided the qualifications to perform the available work within the position or progression for which they are baing recalled are relatively equal as between two employees.

(b) In cases of layoff and recall, for the purpose of assessing experience under qualincations in Article 3.3A, an employee with at laasllhree years' experience with the Company will be considered relatively equal to applicable prior work experience being assessed for a more junior employee.

(c) An employee recalled to work in a permanent job will be considered to have voluntarily resigned if he does not report for work as Indicated on their layoff form.

12.6 Where an Employee exercises bumping rights pursuant to Section 12.3:

(a) he shall do so within twenty-four (24) hours of his notice of layoff.

(b) the Employee adversely affected by the exercising of the bumping rights of the senior Employee shall be then deemed to have been given the required notice of layoff.

(c) the affected Employee will be notified In writing or by telephone as part of the cooperative process currently in effect and shall then have twenty-four (24) hours after the receipt of such notice to exercise his bumping rights, if any, pursuant to Section 12.3.

(d) the cooperative process provides for human resources department and the union executive to meet and implement a program to jointly oversee the layoff process.

12. 7 Upon request, an Employee will be provided with a copy of his/her training record in the Company's possession.

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13.1

13.2

13.3

13.4

13.5

ARTICLE 13. TECHNOLOGICAL CHANGE

The provisions of this Article 13 are intended to assist Employees affected by a technological change as herein defined, to adjust to the effects of such change.

An Employee displaced as a result of a technological change will exercise his seniority rights which are as follows:

(a) An Employee receiving notice of layoff shall exercise his seniority to displace a junior Employee In a classification of an equal or lower rate of pay, or the junior Employee on a job previously held, provided he has the necessary qualifications;

(b) The displaced Employee may then exercise his seniority rights in the same manner as above unless there are no junior Employees to displace or he does not have the necessary qualifications, in which case he is subject to layoff; and

(c) An Employee receiving the notice of layoff and not exercising his rights under (a) and (b) above will be placed on layoff.

In lhis Section ' technological change" means:

(a) the introduction by the Company of an innovallon in equipment of a different nature or kind than that previously utilized by the company in the operation of the work, undertaking or business: and,

(b) a change In the manner in which the Company carries on the work that is direclly related to the introduction of such innovation in equipment.

The procedure for dealing with technological change thai is likely to affect the terms, conditions and tenure of employment of a significant number of Employees is as follows: the Company will notify the Union of such a technological change at least ninety (90) days prior to the dale on which such change is to be affected. Such notice shall be in writing and shall slate:

(a) the nature of the technological change;

(b) the date upon which the Company proposes to affect the technological change, and;

(c) the names, seniority dale, and classifications of the Employees primarily affected.

If an Employee who has one ( 1) year or more seniority is laid off for a period exceeding four (4) months as a direct result of a technological change as defined above, he shall be paid severance pay in a sum equal to forty-two (42) times his applicable straight time hourly rate at the time of layoff multiplied by his years of continuous service with the Company as of the date of such layoff.

15

13.6

13.7

13.08

14.1

14.2

14.3

14.4

14.5

Acceptance of severance pay will be classed as a voluntary resignation with termination of such Employee's seniority and employment rights.

Upon request, the Company will furnish to Service Canada the laid-off Employee's skills Inventory record and other applicable information necessary to assist them in relocating such displaced Employee In another job with another employer.

"Significant" for the purpose of this article shall be fifteen (15%) percent of the total work force.

ARTICLE 14 ·GRIEVANCE PROCEDURE

"Grievance" as used in this Agreement is an alleged violation in respect of the Interpretation, application or compliance with a specific violation of a specific provision or provisions of this Collective Agreement.

Spare article

It is the Intention of both parties that all grievances shall be processed at all steps in accordance with the mandatory time limits herein.

All grlevan~s to be prooassod horoundar shall be filed In writing, signed by lhe Employee cir the Union Prosldenl or a Grlevanoo Committee m·ember end shall be copied electronically 1/io omall betwoon the partlas at each step of the grievance procedure, The grievance shall sat forth the assentlpt feels of the grievance, with refensnce to the Employee's particular claim, the provision or provisions Undor which the gnevance Is filod. and the nsdreSJ ctalmed. Such written grievance shall than fonm the basis of the grievance through aU the steps of the orievence procedure and arbitration procedure. The griever must, within ten (10) days, confirm in writing his consent to the filing of the grievance on his behalf.

An Employee shall first bring any complaint that mey give rise to a grievance to the attention of the Employee's immediate supervisor for consideration before a written grievance Is filed. If after bringing the matter lo the lmmedlale supervisor's allen lion, the Employee Is still not satisfied, a grievance may be filed. Grievances rpeetlng the requirements of this article shan be processed In tho mamor slated below:

Step 1: M Emplpyee who has a grievance as defined above shall contlr)Ue on h s assigned duties. Should he wish to submit a grievance, a wriUen grievance shalt be pnsl)!lred with tho approval of a member of lhe Local l.Jnlon Executive or shop steward and presonted to his Immediate supervisor. The grievance shell be submllted to his immediate supervisor within five (5) scheduled working days (of the griever) following lhe date of occurrence of the Incident giving rise to the grievance. The immediate supervisor shall within five (5) scheduled working days (of the immediate supervisor) following receipt of the Employee's submission of the grievance, give written reply to the Employee. A member of the Executive Board of the Unkm or a member of the Grlavance Committee or Shop Stllward may accompany an Employee when presenting his grievance.

t6

14.6

14.7

14.8

Step 2: (This will apply only to where the grievance originates in a Department where the Immediate supervisor reports to a SupertntendenUDirector.) If a settlement is not reached at Step 1, the Employee along with a member of the Executive Board of the Union or a member of the grievance committee, may within five (5) scheduled working days (of the grlevor) of the completion of Step 1 present the written grievance to the Manager or Manage~s designata of the Employee's department. The SuperintendenUDirector shall reply to the grievance, in writing, within five (5) scheduled working days (of Manager or Manage~s designate of the griever's department) following the date on which the grievance was received by the Manager or Manager's designate.

Slap 3: If a settlement is not reached at the first step, in the case of the grievance originating in a department where the Immediate supervisor reports directly to the General Manager, or is not reached at the second step, where the grievance originates in a department where the immediate supervisor reports to a Manager or Managers designate, the written grievance may, within five (5) scheduled working days (of the grtevor) after the completion of Step 1 or Step 2, as the case may be, be presented to the General Manager. The General Manager shall reply to the grievance in writing, within five (5) calendar days following the date on which the grievance was received by the General Manager.

If a grievance as defined In Section 14.1 above Involved a group or groups of Employees, the grievance procedure may be commenced at Step 3 of the grievance procedure. The same shall be a group grievance. Such grievance must be submitted in writing, within ten (10) calendar days of the occurrence of the grievance.

If a grievance occurs as defined In Section 14.1 and concerns the Union as a whole. and could not be handled by the provisions of Section 14.5, the Executive oftha Union may within ten (1 0) calendar days of the occurrence of the grievance, present a written grievance at Step 3 of the grievance procedure. It Is expressly understood, however, for purposes of a Union grievance, that the provisions of this article may not be used with respect to a grievance directly affecting en Employee which said Employee could himself institute and the regular grievance procedure shall not be hereby by-passed.

(a) An Employee having completed his probationary period, and who believes he has been discharged without just cause, may file a written grievance at Step 3 of the grievance procedure within ten (1 0) calendar days after written notice of such discharge has been sent by registered mail to the Employee's last known address or after written notice of such discharge has been personally given to him. The Union will also be given a copy of such written notice. Where It Is not convenient for the suspended or discharged to do so, an executive member of the Union may present the grievance signed by the Employee to the appropriate Superintendent et Step 3.

(b) Where an Employee's discipline Is suspension or discharge and such action results In the Employee being removed from the site, the Union will be notified of such action and has the right to attend the meeting with the Employee provided a union representative Is available to be in attendance in person, or in the alternative by telephone at that time; a copy of the suspension or discharge letter will be provided to the union representative in altendance.

t7

fU

lC.10

14.11

(c) Where an Employee is required to attend a meeting with the Company In respect of a reprimand, he may, If he so wishes have Union representative in attendance in person, or in the alternative by telephone at such a meeting provided a union representative is available to be In attendance at that time. (d) An employee may request to have a union representative present in a meeting(s) pertaining to modified duties upon return to work from accident, illness or injury, provided one Is available to be In attendance at that time.

The Company will notify the Employee of the provisions in Article 14:8 (c) where the proposed action is disciplinary in nature.

If a settlement is not reached at Step 3, the grievance may be referred to arbitration as set forth in Article 15. The Union shall notify the Company of its intent to seek arbitration by written notice served by email addressed to the Human Resources representative within fourteen (14) calendar days after the completion of Step 3.

All time limits for the filing and processing of grievances are mandatory and any non­compliance with such time limits shall result in the grievance being deemed abandoned. Notwithstanding the foregoing, the Company and the Union may, by agreement in writing, extend or waive any time limit.

The grounds for discharge that are specified In the company rules which are posted shall be deemed to be just cause for the discharge of an Employee, but will not depnve the Employee of grieving his discipline or discharge.

Nota: The following Infractions shall be conclusively deemed to constitute just cause for the discharge of an Employee:

theft

Insubordination

fighting or physical assault involving fellow Employee(s) and/or supervisor(s)

reporting for work under the Influence of alcohol or Illegal drugs

use of alcohol or illegal drugs while on duty

falsification of records and documents arising in the course of the Employee's work

Intentionally causing damage to Company equipment or Company property

reckless operation of equipment,

The listing of grounds for discharge in such Company Rules shall not restrict the rights o1 tlhe Company to discipline or discharge for grounds other than those listed in the Company rules.

18

15.1

15.2

15.3

15.5

15.6

15.7

15.8

15.9

ARTICLE 15 -ARBITRATION

Any grievance as defined in Article 14 which is not settled under the terms of that Article and which has been processed In accordance with the mandatory time limits herein may be submitted to arbitration as hereinafter provided.

The arbitration procedure shall ex1end only to those Issues which are arbitrable under tills Agreement and only ~ the grievance was properly and timely filed and meets the requirements set out In Article 14.

The grievance shall be referred to a single arbitrator for determination and the arbitrator will be appointed by agreement between the parties from the below listed panel who shall serve on a rotating basis:

Dr. William Marcotte

Dana Randall

Kevin Burkett

Barry Stephenson

If the arbitrator so selected is unable to serve, the next arbitrator on the list shall be selected to hear the arbitration.

No person shall serve as e single arbitrator or on the Board of Arbitration if involved directly in the grievance under consideration.

When the single arbitrator has been appointed or the Board of Arbitration has been formed in accordance with this Article, the arbitrator or Board shall meet and hear the evidence of both parties and shall render a decision in writing, to the parties not later than thirty (30) calendar days after the completion of the hearing of evidence and representations made on the matter by the parties.

A decision of the single arbitrator or the decision of a majority of the board shall be taken to be the decision and shall be final and binding on all parties concerned. In the event that a majority decision cannot be arrived at by a board of arbitration, the decision of the Chairman shall be final and binding on all parties concerned.

The single arbitrator or the Board of Arbitration shall nat have the power to add to, subtract from, or modify In any way the terms of this Agreement or render a decision inconsistent with the spec~ic provisions of this Agreement The single arbitrator or the Board of Arbitration may consider only the particular issue or issues presented as framed on the original grievance form and the decision must be based solely on the provisions of this Agreement and on the claim as framed on the original grievance

The expenses of the single arbitrator or Chairman of the board of arbitration shall be borne equally by the Company and the Union, Each party shall be responsible for its own costs including its own nominee to the Board of Arbitration other than the costs of the single arbitrator or the Chairman.

19

15.10 The single arbitrator or the Board of Arbitration shall not deal with more than one (1) grievance without the mutual consent of the Company and the Union.

ARTICLE 16- NO STRIKES/NO LOCKOUTS

16.1 During the term of th is Agreement, the Union, its agents, and each Employee agrees lhallhere will be no strikes, slowdowns or withholding of production and the Company agrees that there shall be no lockout.

ARTICLE 17- HOURS OF WORK

17.1 This Article shall not be construed as a guarantee of work per day or per week nor a restriction of the Company's right to operate or schedule its operations.

(a) Where, during a shift no work is available In the Employee's classification, the employer shall be required to pay an employee for any scheduled shift for which an employee has been scheduled while the employee is on site, or provide the opportunity for alternative work, and the employee will be paid at his or her regular rate ~

17.2 12 Hour Shift Schedule

17.3

17.4

(a) The Union agrees to consent to an application to the Director of Employment Standards from time to time as may be required In order to permit the agreed upon hours of work and calculation of overtime and the receipt of his approval for averaging hours.

(b) The normal work day shall be 12 consecutive hours of work within any consecutive 24 hour period broken only for established breaks as outlined in paragraphs 17.4 and 17.5 below.

(a) Subject to clause 17.3(b), the normal work week for all Employees will average 84 hours over a two week cycle (or such longer cycle period as may be determined by the Company and the Union) consisting of 84 hours per week in any consecutive seven day period. This is followed by one week off. The work week for each Employee commences with the start of his work day on the first day of his shift schedule. The shift schedule shall be available to Employees and notice of any changes shall be provided one (1) work week in advance whenever possible. Where, after a shift schedule has bean sal, it becomes necessary to change the Employee's working hours (i .e. a change from night shift to day shift or vice versa) the Company will make a reasonable effort to notify the Employee of the change as far In advance as reasonably possible.

(b) An employee hired by the Company to work a 14 by 14 rotation waives any enliUement to work a 7 by 7 rotation.

Employees will be entitled to a one half (Ya) hour lunch period and to one fifteen (15) minute lunch period during each twelve (12) hour shift. Such lunch periods during each twelve (12) hour shift of work shall be considered as lime worked.

20

17.5 Employees will be entitled to one fifteen (15) minute rest period during each twelve (12) hour shift. Such rest period shall be deemed to commence when the Employee leaves his work station and shall be deemed to and when he returns to his work station.

17.6 An Employee on his lunCh period or rest period shall ensure all necessary supervision of machinery and maintenance of services.

17.7 Subject to the provisions below, all Employees in the Minerclassiflcation(s) shall work a 14 by 14 rotation. Employees on a 14 by 14 rotation shall have a normal work week averaging 168 hours over a four week cycle (or such longer cycle period as may be determined by the Company and the Union) consisting of 168 hours In any consecutive 14 day period. This is to be followed by 14 days off. The work weak for each Employee commences with the start of his work day on the first day of his shift schedule. The shift schedule shall be available to Employees and notice of any changes shall be provided two (2) weeks In advance whenever possible. Where, after a shift schedule has been set, it becomes necessary to change lhe Employee's working hours (i.e. a Change from night shift to day shift or vice versa) the Company will make a reasonable effort to notify the Employee of the change as far in advance as reasonably possible.

(a) All Employees in the Miner classification(s) as of data of ratification, will be grandfathered to continue working a 7 by 7 work rotation, so long as they remain on that shift rotation.

(b) Provided a position is available. an Employee otherwise working a 7 by 7 work rotation may elect to move to the 14 by 14 schedule.

17.8 Whenever possible shift schedule changes will not occur on the last day of an employee's rotation. Should such shift schedule change become necessary, then that employee should be paid at one and one-half (1 .5) times his regular rate.

18.1

18.2

18.3

ARTICLE 18 ·OVERTIME

The Company shall determine the need for overtime and shall make a sincere effort to keep such overtime toe minimum, The Company shall endeavour to give notice of overtime as far in advance as practicable. The Company shall endeavour to take into consideration the wishes of Employees in assigning overtime. However, In all cases of emergency and at shift changes, Employees shall be nequired to work overtime as assigned.

(a) An Employee who has worked his regularly scheduled twelve (12) hours at his regular hourly rate in any twenty-four (24) hour period will be paid at the overtime rate of one and one-half (1 .5) times his regular rate for any additional time worked in excess of twelve (12) hours in such twenty-four (24) hour period, except where the additional lime worked is due to his regularly scheduled change of shift.

(b) Exceptio the extent as specifically provided in this Agreement, overtime shall not be paid more than once for the same hours of work.

(a) Where a change in a work schedule is made for the convenience of the Employee (i.e. transfers, promotions) or where, with the consent of the Company, an Employee arranges to cover or exchange another Employee's shift(s), all regular scheduled

21

19.1

19.2

19.3

hours worl<ed as a result of such arrangement or exchange shall not be subject to payment at the overtime rete, notwithstanding anything contained in this agreement to the contrary.

(b) An Employee who has worked in excess of 42 hours in his work week averaged over a two (2) week cycle (or such longer cycle period that may be determined by the Company and the Union) at his regular hourly rate will be paid at the overtime rate of one and one-half (1 5) times his regular rate for any additional lime worked In excess of 42 hours In his work week, averaged over the two (2) week cycle (or longer cycle as the case may be).

(c) For the purpose of computing overtime entitlement under this clause, regularly scheduled shifts of an employee that are not worked because of employer paid leaves Including vacation under Article 20, floating holidays under Article 21.6, bereavement leave under Article 26, jury and crown witness absence under Article 25, two (paid) personal emergency leave days under employment standards legislation, and union leave under Article 23.1, shall be considered as hours worl<ed.

(d) All Employees on the mine site shall be allowed to obtain a hot meal in the kitchen at any time if it is practical for them to do so, and when hot meals are being served.

(e) Overtime work will ba disllibutoo its equitably as is reasonably practlcable among Employees normally performing the work In the area or the crew, provided such Employees have the qualifications to perform the work. It is understood thet this section does not assume thal each Employee sharing overtime within a particular area and crew will, at any given time, have received the same number of overtime hours, but merely expresses the policy of the Company to keep such overtime as nearly in balance from time to lime as Is reasonably practicable in the circumstances.

ARTICLE 19- JOB CLASSIFICATION AND DESCRIPTION

At the request of the Union, the Company Is agreeable to the establishment of a joint committee consisting of two (2) Company representatives and two (2) Union representatives for the purpose of discussing the proposed job descriptions and classifications end making recommendations to the Company. When this committee is meeting to discuss job descriptions affecting a specific department, then the regular representatives of the committee may be accompanied by an additional two (2) representatives from the specific department Involved.

The Company agrees during the life of this agreement to prepare a job description for each ]ob ·~tassificetion with the scope of the bargaining unit outlining such matters as job title, work procedure, tools and equipment and materials.

Where (he Company proposes new job classifications or where there are substantial changes in lhe job content or quallncat!ons of exlsllng job classlficabor)S, the committee wil l consider tho proposed n~w classificaUon or substantial changes to a current job description and make recommendations where applicable. The Company will not be arbitrary, discriminatory or exercise bad faith in its consideration of

22

19.4

20.1

20.2

20.3

\

20,4

committee recommendations Job postings will align with the most current job description.

The Company shall pay the Union members of this committee at their basic hourly rate for time spent outside of their regularly scheduled shifts to attend meetings with the Company representatives . Time spent at such meetings shall not be considered or counted as time worked for the purposes of calculating overtime.

ARTICLE 20- VACATIONS WITH PAY

For the purposes of this Article, each vacation year shall begin on January 1 and end on December 31 of the same year, commencing January 1, 2013. Those Employees with outstanding vacation time for the vacation year 2012 as at January 1, 2013, must taka that entitlement by June 30, 2013 and a week of vacation shall mean 7 consecutive days Including Saturdays and Sundays. December 31 of any year shall be the date for determining an Employee's entitlement to a vacation and vacation pay for the immediately following year

Upon completion of each 12 month period of continuous service with the Company, an Employee will become entitled to vacation during the immediately following vacation year In a~ordance with his length of continuous service since his last date of employment with the Company as of the last pay of December in any vacation year as follows

Completed Years of Cpntlnuous Service Vaoetlon Time VacaUon Pay a Inca LUI Dale of Hire

After 1 year but less then 4 2 weeKs 4%

After 4 years but less than 9 3 weeks 6%

After 9 years 4 weeks 8%

After 1 0 years 4 weeks 10%

Each Employee with one year or more continuous service as of the last pay of December will be paid for each week of vacation to which he Is entitled in a vacation year an amount equal to two percent (2%) of his earnings from the Company In the immediately preceding vacation year. (In calculating earnings from the Company in the immediately preceding vacation year, no account shalt be taken of any vacation pay previously peld.) Each Employ·ee with tess than one year of continuous service as of the last pay of December in any year witt be paid for vacation to be taken In the immediately following vacation year an amount equal to four percent (4%) of his earnings from the Company for the period from his date of last hire up to and including the last pay In December of that year. (In calculating earnings from the Company in the Immediately preceding vacation year, no account shall be taken of any vacation pay previously paid). Vacation pay will be Increased for Employees alter 10 years of service by an additional 2%.

Nothing herein shall be deemed to prevent the Company from scheduling vacation shut-downs of all or any part of its operations. If the Company decides to cause a vacation shut-down, It will provide Employees affected and the Union with as much

23

20.5

20.6

20.7

2o.e

21.1

notice of such shut-down as is reasonably possible and in any event, with not less than four (4) weeks' notice.

The four (4) \WBks' nptlce s~all ~at apply where the shut-down Is the rosutt of cl~~:umstances beyond the control of the Company. If any such Shut-down occurs, EJllployees Will lake sucli vocation days as they am enUUed to receive and If there Is any sMrtfall, they will be considered as laid-oft for the duration of the shut-down, but In such cases, the notice provisions es In Article 12 "Ohell not apply,

Where the Company Is not able to assign an Employee all his earned vaca~ons during vacation shut-down periods, the Company before asslgnilliJ the Employee's vacation outside tho shut-down periods wtfl consider the Employee's preference periods for taking his vacations. Subject to business end operational requirements, the Company IMII make avery reasonable effort to acaommodela the Employee's prefereoce.

When scheduling Employees who aro to remain at the site during shut-down pertods, to the extent that business and oporatlonal requirements permlt, preference for relea~tng EJ11ployeaa for vacation during the said periods shah be given to Employees with the highest seniority,

Vacation scheduling shell be by department. The requirements or efficient operatlons shall be of paramount Importance In scheduling vacations, with seniority given aJI possible COI\Sideratlon for vacaUon requests received prior to April , ~ for vacetlon commencll\g on or after May 1st In each year Vacation requests received prior to April 1st shalt also take precedence over any requests for personalloeve of ebsenco (e.g. floaters).

ARTICLE 21 -GENERAL HOLIDAYS

For the purposes of this Agreement, the following days are recognized as paid holidays for all Employees:

New Years Dey Good Friday VIctoria Day Canada Day August Civic Holiday (1" Monday in August)

Labour Day Thanksgiving Day Christmas Day December 2e• (Boxing Day)

21 .2 (a) In ordar to qualify for payment for any of the above holidays set ·m1t In Article 21.1 (a), an Employee must have completed his probaUonary period as of the date the holiday Is observed end must have wor11ed:

(i) on the holiday, after having been notified to do so;

(il) on his last scheduled shift immediately before and his first scheduled shift Immediately following the holiday;

(b) II Ia agreed that an Employee who, when the holiday oc.curs, is off work, on layoff wlllch OCCI.Irted morn than 70 calendar days befolo such holiday, or off work receiving WCB disability benefits or pension, or off work on an approved leave of abs.ence

24

21.3

21 .4

21 .5

21.6

21 .7

22.1

without pay, or on any other unpaid absence, is not entitled to the holiday or to holiday pay for such holiday

(c) An Employee will not be disqualified under Section 21.2(a)(l) for declining a request to work on a statutory holiday When such work is his regular scheduled day off.

An Employee will be granted holiday pay If he Is able to prove to tho Company's satlsfaotlon that his absence on the days referred to In Article 21.2(e}(l) and (II) was due to being on leave of· absence for Jury duty or boreavementloave, or due to belfliJ subpoenaed aa a Crown witness In a court of lew, or due to bona fide Illness or accident (which must ba substantiated by a medical certificate acceptable to the company), or due to being on an approved Union leave.

If t11e recognized holiday reforrod to In 21 .1 occurs on an Employee's regular day off .or during his vacation and tr such Employee qualified for holidQy pay ln accordance with Arllates 21 ,2 and 21 .3 he shall reCJ!Ive pay for such holiday based on the number of hours tor which ho Is regularly scheduled at his regular straight time hourly rate. If the recognized holiday oocurs on what would othetw!se have been a work day for the Employee, and If he qualifies lor holiday pay, he shell receive his regular hourly rate tot each hour he would otherwise 11ave been scheduled to work on such holiday.

If an Employee works on a rect~gnlzod holiday, he will be paid for Work performed at the rate ol one and one-half (1 .5) times his regular hourly rate in addition to the holiday pay he qualmes for under this Article.

An Employee who has oocnpteted his prob1ttlonary period and Is WOiklng In January shall be entitled to two noeling holidays annually which must be taken within each vacation year or the holiday \Mil be lost end the Employee will only receive pay at his regular straight time hourly rate In lieu ol the holiday. An Employee who has not completed his probationary period or Is on layoff In January will be entitled to one floater If he/she has worked In the first half of lha year, and a second floater It holshe has worked In the second half of the year The Employee and Company shall schedule the floating holidays at a mutually agreeable time

Tho entitlement of temporary Employees and term Employees to statutory holiday pay, il any, shall be determined In accO<dance with the provisions of the Employment Standards Act.

ARTICLE 22- PERSONAL LEAVE

Tho Co(npany rnay grant a personatleavu of absence without pay lor a period ol up to founaen (14} calendar days provided sucllleave Is requested In writing, at least two '(2) weeks In advance. Such leave may be e~tended by mutual agreement between the Employee end the Company. It Is understood that the Company Will, among other t~lngs:, conslder the following when deciding to grant or rofusa e request for such leave;

(a) whether such leave will interfere with the business and operation requirements of the Company;

25

22.2

22.3

22.4

22.5

23.1

23.2

23.3

(b) whether a qualified replacement Is available to replace the Employee during the leave;

(c) whether the denial of such leave would cause undue hardship to the Employee, and

(d) whether the request for leave Is justified.

In case of emergency nature, the Company will waive the fourteen (14) day request in writing requirement as set forth In Article 22 1.

Pregnancy leave of absence without pay and parental leave of absence without pay shall be as set forth in the Employment Standards Act.

The Company shall grant the mandatory unpaid leaves as required by the Employment Standards Act and any other applicable legislation.

If an Employee receives an urgent call from home and in the opinion of the Company the nature of the call requires it, transportation will be provided as soon as possible to Thunder Bay.

ARTICLE 23 ·UNION LEAVE

The Company shall grant a leave of absence without pay to Employees who have been elecled or appol11tad by the Union to attend labour seminars, courses or conferences. The cumulative total leave of absence without pay for such Union leave shall not exceed thirty (30) days per year for the whole of the bargaining unit, which shall Increase to fifty (50) days per year effective October 1, 2015.

Any leave considered must have been applied for In wrillng, by the EJ11ployee atlaast tWil (2) weeks In advance . Leave request~ shall be considered, having regard to whether such leave Y/lll lnterfere with tho bu!lntl$S and operation requlromonts or lha Company.

(o) Tho Company shall grant the Union Prosldunt en opportunity to conduat Union buslnMs during a tolat of three (3) scheduled shifts eaoh month, at Ole mine site Union office. He will be paid by the Company for lime worked on such shift at his regular howty rate The Union shall reimburse the Company for four (4) of the twe.lve (12) hours so paid.

(b) The Company sljall grant the Union en opportunity to designate an Employee as a rapresenlalive lo conduct Union business at the mine slte Union office during a !otal of three (3) scheduled shirts each month. Leave requests for such shifts shall be subject to the provisions in Clause 23.2. He will be paid by the Company for time worked on such shift at his regular hourly rate. The Union shall reimburse the Company for the wages of lha hours so paid.

26

24.1

24.2

25.1

25.2

26.1

ARTICLE 24 ·EDUCATION LEAVE

An Employee may request a leave of absence without pay to further his education for the purpose of upgrading in his present job or for advancement within the Company by attending full-time classes of instruction.

Subject to the above, the Company will give consideration to such request conditional on, among other things, the following:

(a) the Employee must have two (2) or more years of service;

(b) the leave will not interfere with the business and operation requirements of the Company;

(c) there is a qualified replacement for the affected Employee;

(d) the leave Is requested In writing, at least three (3) months in advance, with all details of the Instruction course provided;

(e) the leave of absence does not exceed nine (9) months unless extended by lha Company: and

(f) not more than two (2) Employees may be on leave at any one lime, and not mora than one (1) Employee maybe on leave from any one department at any one lime.

ARTICLE 25. JURY AND CROWN WITNESS ABSENCE

When an Employee Is summoned to and reports for jury duty, or is subpoenaed and reports as a Crown witness, he shall be paid the difference between the daily amounts received for such jury duty or Crown witness service, and his regular rate for such day(s), provided such day(s) ware regularly scheduled days of work for the Employee. Being summoned to and reporting for jury duly or subpoenaed and reporting as a Crown witness includes travelling time required to report for such duty and return to the work site.

Such differences shall be paid only if the ~mployee presents a written statement to the Company from an appropriate court officer, showing dates of such jury duly or Crown witness service, and the amounts received for such service.

ARTICLE 26 ·BEREAVEMENT LEAVE

The Company, upon being notified of a death in the Employee's immediate family, will grant a leave of absence or Up to three (3) days leave to be taken within seven (7) days of the death, upon receipt of a signed declaration. II one or more of the said three (3) days would have been his regularly scheduled work days, the Employee will not lose his regular pay for any such scheduled working day(s) ha is so absent.

The Company upon being notified of the death of an Employee's spouse or child will grant paid leave ol absence of up to seven (7) days within ten (10) days of the death, upon receipt of a sworn statutory declaration.

27

26.2

26.3

26.4

28.5

27.1

27.2

In addlllon to any paid baree\>emant leave granted, an Employee may be granted up to an additional three (3) d~ys' leave on an unpaid basis. Any accrued vacation lima may be uUiized in lieu of unpaid bereavement leave.

For purposes of bereavement leave, "immediate family" means the Employee's spouse, cMIIdron, mother, father, brother, sl$ter, motharand ·father~n-law, brother-In­law and sister-in-taw, grandparo11ls, grandchildren ol lhe Employee end any relatiVe permanenlly rosiding In lha Employee's hoUsehold wllh whom Uhe Employee permanently resides.

Pay for bereavement leave shall be at the Employee's regular rate.

(a) Whore by reason of bereavomenlleave an Employee is to travel to and from the slle and where space Is available on scheduled Company transportation, the Employee may truvel on such transportation at no cost to the Employee.

(b) Furthermore, w11en apace Is not available. on !Cheduted Compony transportation, the Company upon being requested to do so shall make reasonable efforts to arrange transportation for the Employee I rom the mine site to Tn~ndar Say at no cost to the Employee.

Should an employee be on scheduled vaceUon at Uhe time of the bereavement than the affected employee wlll bo entitled to bereavement leave in accordance with arl!cle 26.1 and tho applicable vacadon laave rescheduled to a mutually agreed date.

ARTICLE 27 ·EMPLOYEE BENEFITS

Effeollva thirty (30) days followinQ ra tification. the Company shnll ooolrlllute for ollglble Employeas, after completion ol their pro~allcnary period 100% of the monthly tnsuraMa premium for life Insurance coverage oqllallo following schedule under the Great West Ltro Group Insurance F>lon subJect to·tha terms and rondlllon ofsuch Great Wast Life Group Insurance Plan providing such lila insurance coverage.

The Company proposes to increase Lt[e Md Accidental Death & Dismemberment (AD&D) for all Employees in the bargaining unit as follows:

September 14, 2012-$85,000 June 1, 2013 - $90,000 June 1, 2014- $95,000

(a) The Company shell contribute for ollglbla Employoos after oompteUon of ilia app~cabla eligibility wailing period under U1o Group Insurance Plan one hundred (t 00%) percent of the monthly Insurance p~um lor El!tehded Hea!lh Insurance (aonslotlng of Basic Drug Bonefit, Supplementary Health Cern Benent and oul-ol· provinCe emergency banent) under the Great We!!! Life Group lnsurai\Ce Pian subject lo the terms and oondltions of such Great West Uta Group Insurance Plan providing such el';lended Health Care coverage. Tile Health Cera Plan wil l be modlfiea to Include

28

27.3

27.4

27.5

first d?llar chiropractic services effective April 13, 2006. Co-pay for the Basic Drug Benefit shall be Increased from 80% to 90%, and vision care coverage shall increase from $275 to $350, both with effect from October 1, 2015 The company will provide prescnptton safety glasses to employees for work. Generic drug substitution will be permissible under the Plan.

(b) The Company shall contribute for eligible Employees after completion of the applicable eligibility walling period under the Group Insurance Plan one hundred (100%) percent of the monthly insurance premium for basic dental Insurance under the Great West Life Group Insurance Plan subject to the terms and conditions of such Plan providing such Baste Dental Insurance coverage including minimum enrolment reqUirements. The Baste Dental Insurance plan will be modified to include coverage to !my percent (50%) dentures and fitly percent (50%) Major Restorative affective April 13, 2006, subject to the terms and conditions of such plan. Effective June 1 2012 the dental benefit within the plan for dental work shall be at current ODA fee 'sched~les subject to the cap for such work as provided in the Plan. The Baste Dental Insurance plan will be modified to provide an orthodontic services benefit at 50% with a lifetime maximum benefit of $1,000.00 per Insured dependent child. Annual maximum dental coverage shall be increased from $1500 to $2000 effective October 1, 2015. Effective January 1, 2019 the Be sic Dental Insurance Plan will be amended to Increase coverage to ninety percent (90%).

Any claim by an Employee for eligibility, coverage or specific benefits under such Great West Life Group Insurance Plan Coverage for life insurance, extended heallh Insurance and dental Insurance as described in 27.1 and 27.2 is a maUer exclusively b~tween such Employee and the insurer of such Plan and Is not subject to the gnevance and arbitration provisions of the Collective AgreemenL

Should the Company decide that a change in the said Insurance Plan or Insurance c~rrier is required, the Company will prior to changing the Plen or the carrier, consult With the Union.

Under the cu'!ent terms of that Great West Life Group Insurance Plan, the following benefits termmate at retirement or upon the following, whichever Is earlier: LTD coverag~ terminates at age 65, Life Insurance and AD&D coverage reduce to 50% and termtnate at age 70, and STD, Dental and Health and Medical coverage terminate at age 70.

The Company's obligation Ia make the contributions to insurance premiums referred to in 27.1 and 27.2 shalt cease:

(I) in the case or a temporary layoff, at the end of the second month Immediately following the month In which an Employee Is laid off;

(ii) when an Employee is absent from work in excess of nine months on account of disability resulting from an accident or bodily disease;

(iii) when an Employee is absent from work on an approved leave of absence in excess of sixty (60) calendar days.

29

27.6

27.7

27.8

27.9

27.10

27.11

The Company may in its discretion agree to continuo contributions to insurance premiums referred to In 27.1 and 27.2 beyond the periods referred to in 27.5 (i), (li), (ill).

The Company will assist In esteblf•hlng a Lang Term Disability Insurance Plan with lhe E!nployees Ia pay 011~ hundred (100%) peroeht of the premium by way of standard payroll deducllon from lhu Employees' cl1a'q\Je, subject to the terms and conditions of auoh Long Tenn D198bllily lnsmance Pla11,

The Company will pay ono hundred ( 100%) percent of lhe premium of a Vision Care lnsurnnce Plan subject lo lhe terms and condiUons or sue~ VIsion Care Insurance Plan. Effecllve September 14, 2012, rovera·go will be incruased to a maxlmun~ of $250.00 every twenty· fOIJr months, Increasing to a mrudmum of $275.00 comrnsndng on January 1, 2014. Eye exams will be covered up to a mll)(lmllm ol $80.00 once per calendar year.

Any claim by an Employee for eligibility, coverage or specHic benefits under the Insurance plans In ArtfoJes 27.6 and 27.7 Is a matter exclusively between such Employee end !he Insurer of such Plan and is not subject to the grleven~e end arbitration provisions of this Collective Agreement.

The Company ~II establish a· SMrl Tenn DlsabUIIy Plan by May 1. 2006. The Company lo pay one hut1dred percent (100%) of lhe premium!!. The Plan will provide lor a benent. subject Ia the tanms and condlllons of lhe Short Term Disability Plan, proViding for payments commanolng from: the llrsl day of nospltallzallo~; the day subsequenl to the date ol the accident: the day subsequenL to Lhn seventh day of slc:l(ness; all resulting In an Inability to altand al work, for a period of seventeen (17) weeks whereby the Employee Is entitled to a weekly Indemnity for toss of wages not to exceed the sum of $750.00 per week or sixty·six percent (66%) of lhe lost weekly wages which ever sum is less effective September 14, 2013.

In the event of a change In the carrier of tho Insurance Plan(s), the Company will ensure th~t the s.uccessor ~arrier and tho now plan will maintain at least the same level of benefits as· under the predecessOf camer and its Plan. This clause does not apply in lha event of plan changes decided by agreemenl under Cleuso 27.11.

The Pnrtlas agree to llStabllsh an ad hoc Group Insurance Benofit& Committee lollo\lilng rallflcatlon of the collective agreeme~t, comprised of two representatives from the Union and two representellvos of the Company. The Committee will review the currenl benefits provided under the entire Group Insurance Plan wfth a view to Identifying opportunities for Improvements, savings Bfld/or altarnatlves In pursuh of longer term qJSI eflectJva approp~ata benefits for employees. The Company will alSo comml~slon en audll of !he LTD Plan, and the audit report will be shared with tho Committee. Tho Committee may avail of external experienced resources providod by the Company and/or the Union. This review shall be completed by December 31. 2019, Recommended reVisions shall be presented to employees for approval by a majority vote of those employees voting.

30

2.9 .1

28.2

28.3

28.4

28.5

28.6

28.7

28.8

ARTICLE 28 ·HEALTH AND SAFETY

The Company shall lnsUtule and maintain all reasonable and necessary precautions for the health and safety of lis Employees. All Employees covered by this Agreement shall ca·oparate In the Implementation or all such rea60nablo and necessary health and safety precautions. II is recognized as being the mutual obligation of the Company and the Union lo assist in the elimination and prevention of unhealthy and unsafe working conditions and practices and jointly to assist In the prevention of accidents.

Committee members shall not suffer any loss of regular pay while perfonning their duties at Lac Des lies Mines as members of the Occupalional Health and Safely Committee.

Employees shall at ell appropriate times use such devices and weer such articles of clothing or equipment as are intended for their protection.

The Company shall supply protective clothing and equipment fn accordance with Company policy govcrnlog lhese areas and which lhe Compony currently supplies which will be spelled out in a letter of intent.

Where an Employee au/fers en occupational Injury at work and is unable to continue working bacausa of such Injury, lila Company will pay the Employee his basic hourly rato for the balance of the shnt pro\ilded U1e Inability to continue working is substantiated by the occupational health nurse or attending physician.

In cases where tho Injury is of a severe nature and transportation Is required in !he opinion of the occupational health nurse or attending physlalan, t~e Employee will be transported Immediately to a medical faolflty at Thunder Bay. Transportation will also be provided from 1110 medical facility to the Employee's homo In Thunder Bay, his pick up point in Thunder Bay, or returned to the site if cleared lo return to work prior to the end of the rotation.

If an Employee becomes seriollsly In while at work and in the opinion of the occupational health nurse or a !tending ph)'Siclnn, !he nature of tho Illness requires It, tra1111portatlon Will be provided 10 a medical facUHy111 Thunder Bay and relumed lo the silo If cleared to relurn to work prior to the end of the rotation.

Tho parties ag ree that each of lhem wll comply with their cbllgallofl under the OcaupaUonal H&sllh end Safely Act and regulations and that In accCI(dance with the Acl. worKers have the rlghtto refuse to do work whoro he or sho has reason to believe the conditions refused to In s.43 of the Occupations/ Health and Safely Act exist.

The Joint Occupational Health & Safety Committee may conduct monthly tours of the workpiece to view condUio[IS of the mine relative to safety practices and procedures Aleo thoro shall ba monthly meetings of the Joint Occupational Health and Safet) Commillee.

The Company shall in eccordance with its existing practice increase the annual boo· allowance to the sum of two hUndred and fifty dollars $250 00 payable in Septembe1 2019,.

31

- -- - ------ -----------------------

28.9

28.10

29.1

30.1

Tha Company In its dlscroUon will Issue tho following Pe~onal ProtecUve Equipment (PPE) to Employe~; glows, herd hat with ear muffs, safety glasses. blgh visibility clothing. Such PPE along with safety boots must be wom In all working areas to perform w0f1! safely. During oold winter weather when required to parfOrT'fl extended p~rtods of ou{door work, insulated w.ork wear and hard nat liners will be provided, PPE provided by the company shall ba replaced if accidentally damaged In the performance of assigned dulles or If the safety date on the PPE Is expired In addiUon to the above sui~bl& breathing apParatus wU! ba suppfied to the crushing crew and safely beit5 will be provided to ef!1ployees when required.

The Cotnpany wil l maintain a H~alth and Safety Advteor posjtion for liTe terf11 of the CollecUvo Agreement. The Company wUI delfver lo fhe Union al a later date a job dasctipUon lor the position and all othar ralevanltlmns and condi tions of arnployment.

The assignment ar thg posl)lon Ia In the area of lieollll and Safely only and duties will be as defined and assigned by the Safety Superintendant or designate. The .Health and Safaly Advisor wm not undertake any assignments unrelated to Health end Safety. The Health and Safety Advisor will at all times conduct hlm/harsell tn accordance with tile Internal Responsibility System (IRS). The IRS system re~ulres lsstJes to be raised Initially at the frontline su!Mlrvlsor level followed by prograsslon through the line of authority as well as 011Site Health and Safety representatives within tM Joint Health &.Safety Commlltee structure. This position wfll serve as a resourca to the Joint Health &Safety Committee under tha direct supervision of the Safety Superintendant 0<

designate.

The union rocogntzes the company will write the JOJ:j descript on lor the position and ihe Company recognizes the Union will elect tho parson Ia do tho mJr!<, The Health and S~lety Advisor will work a 4 on, 3 off schoclula ancl will be paid at a Tradas 1 rate. The Company reserve• the light to roqulra the Unlgn to replace the person for performanoa related Issues as determined by the company.

The above comf!11tmont made by !11e Company is sub)aot to the Union passing all necossary by·taws proVidln~ for the· election ollhe candidate for lite position. The Company wit begin the hnplemont;ltlon process wltllln 90 days of being advised b\' the Union of lha name of the successful candida to. n1o obligation of the Company will be suapaf'ded until the enabling by-law Is passed by the Union local.

ARTICLE 29 ·WAGE SCHEDULE

The wage schedule which shall be effeclilla during the term of this Agreement shall be as set out in Appendix Aallachod hereto and the said Appendix A shell forf11 an lntogral part of this AgreemenL

ARTICLE 30 ·BULLETIN BOARDS

The Cempany w/11 pro•Ma the Union wllh bulletin boards to be affiXed In eppropdale placea whate Employees will be able to see and read lhefl). The number of bulletin boards to be su[Jplled by the Company end the locaUons lor affixing such boaidtshall be agreed upon between the parties.

32

30.2

30.3

31.1

31.2

31.3

31.4

32.1

32.2

32.3

Bulletins to be posted shall be restricted to notices regarding the business affairs, meeltngs and soe~al events of the Union and reports of various committees ol the Union.

Only bulla tins authorized by the Executive Board of the Union will be posted.

ARTICLE 31 ·MISCELLANEOUS

Sufficient "?pies of the Collective Agreement will be printed to supply the Company and the Umon needs. The Company will pay the cost of such printing.

The parties shall agree as to the nuf!1ber of copies to be printed and the total cost of same before an order Is placed with a printer. The Union will be provided with e Word and PDF version of the signed collective agreement and a copy will be posted to the employee self-service portal

Exc~pt as otherwise specifically provided in this Collective Agreement, all notices requtred to be given by either Party shall be given as follows:

Lac Des lies Mines Ltd. P. 0. Box 10547 Thunder Bay ON P7B 6T9

United Steelworkers, Local 9422 331 May Street North Thunder Bay, ON, P7C 3R3

Tradesperso~s are expected to provide the normal tools required for their respective trades. Spectally tools will be provid.ed when required. Tools will be replaced (new, or available repatrad tool until such ttf11e as the repaired tool is returned to the employee) when damaged doing Company work.

The Cof!1pany supports !he employment of apprentices In its operations. Opportunities are assessed during workforce planning, and the Company agrees to communicate with the Union regarding the apprenticeship program

ARTICLE 32 • CALL·OUT

An Employee who has already left his work area after completion of Ills scheduled shift and who Is called back work shall be paid at one and one half (1 .5) times his regular rate for all hours worked on !he call·out, but In any event he shall be paid for not less than four (4) hours at his regular straight time hourly rate.

The pr.ovlslons of Article .32.1 above do not apply ~ the Employee Is called back tmmedtately follow1ng a shtft worked by the Employee or within one hour of the starting time of his next regular shift.

Employees will be paid for hours not worked during his next scheduled shift at the appropriate rate of pay because he has not been off work for a clear 8 hours, prior to such shift.

)3

33.1

33.2

34.1

34.2

34.3

35.1

ARTICLE 33- MEDICAL CERTIFICATE • ILLNESS

An Employee before llllumlng to work following an Illness or accident shall furnish a wrltten cerllncate lrom a qualified medical practi tioner when requested to do so by the Company.

If the Employee wl\o lumlshes a wrllten certificate from a quamied medical practitioner to comply with the Company's request to do so Is billed for lha ce rtificate because lhe certificate Is not covered by OHIP, the Company Will pay lor the cosl of such certificate upon the Employee furnishing proof of the bill.

The Company may at any lime require an Employee to submit to a medleal examination by a qualified medical pracblloner ollhe Company's choice, and In such case, the cost of same shall be borne by the Company.

ARTICLE 34 ·CONTRACTING-OUT

It is agreed that the Company rosel\les the unfettered right to contract-out work where in its exclusive opinion , It Is necessary, economic or expedient to do so.

In the Mure, If work Is being considered lor oontrectlng ou~ the Company wil l dlscusa and review the work In question wilh the Union prlo.r to the work baing commenced. The Company, however, ....;11 not contraGt aut work whore tn do so dlrec!iy results In the Jeyofl of en Employee In tho bargaining unit.

The Company shall maintain a minimum of eight (B) site sel\llce positions anticipated to be 4 on each rotation during normal operations.

In connection ,..;1h reviewing and discussing work considered by the Company for contracting O(J! .as per Article 34 of the Collectlvo Agreement:

I. A Contracting Out Committee Will be established II. The Committee will consist of 2 senior designated representatives from each

party. ill. The parties w\11 mao! on e bi-monthly basis to revieW matters regarding

tontrectlng out or matters thai are baing considered for contracting out. lv. This mon\ l1ly meeUr1g doos not preclude the pa rties from the contratlual

obligation to meet, review and notify pertaining 10 conlracl1ng oul

ARTICLE 35 ·WORK BY SUPERVISORS

It Is recognized Iller the duties of a ~upervlsor em primarily supel\lisory In nature, lherelom, ills agreed thai a supervisor snail not perlonm work or a quantity which would normally occupy a bargaining unit Employee lor a lull shift on an on~olng basis.

35.2 A supel\lisor will not perform bargaining unit work to the extent that it directly results In the lay-off of an Employee In Ilia bargaining unit.

34

36 .1

37.1

37.2

37.3

37.4

38.1

39.1

ARTICLE 36- PREMIUM AND ALLOWANCES

ShoUld an Employee be tomporarlly assigned to work In a job classification carrying a hlgtter basic hourly rate lllan his regular Job classiflcntlon for which he wns assigned, he $hall receive such nigher rate of pay while so employed.

ARTICLE 37- CAMP AND TRANSPORTATION

Transporta\lon from tne camp site to the work sites and vice versa will be provided as and when required.

The Company will continue to prQvlde various personal amenities in accordance with Company policy rolaUng to living conditions at tha camp site.

The Company will continua to pro\llda room and board at no cost to Employees during !heir schoduled work days ~for the term of this Agreement.

Employees soaking to stay in camp other than during !heir scheduled work days must obtain the Company's approval in accordance with any criteria and/or compensation the Company may require.

ARTICLE 38- DISCIPLINE

Discipline placed on an Employee's Ole shall be destroyed alter elghtean (1 B) month~ havo olapsad (excluding periods ol at least 30 conSO{)Utlve non-vacation days) since the mosl recent disciplinary aclion WIIS taken, providing that no further dlsctpllnary acdon has baen Issued during this period.

ARTICLE 39 -DURATION OF AGREEMENT

This Agreement shall commence on the 1'1 day of June. 2018 and snail remain In roroe until the 31" day of May, 2021. It shall be renewed auloriiaUcally from year to yoar after such anniversary dale unless ellher Party notlf16s lhaothar by reglstored rnall not more than ntnely (90) days eod no! less than thirty (30) days pc1or to the date o( oxplry, or oubsequenl anniversary of such dale of its lntentlo~ to renew or revise this Agreement.

35

APPENDIX A WAGE SCHEDULE

1-Jun-18 1-Jun-19 1-Jun-20 LDI'• Lnst Offer for lh< Concluiion oi'Cullcctll'c BorQainin~ 11i~1 US\\' Classification 3% 3% 3%

Trades 1 40.85 42.08 43.34

Trades 2 33.20 34.19 35.22

•• ;t.. . CATEO allhun®r Bwy. Onlario lhi~ cloy of November 2018

LAC DESILES MINES LTD. Trades 3 31.57 32.52 33.49

Por WayooSCOII Trades 4 28.41 29.26 30.14 Trades 5 25.02 25.77 26.54

HEO 1 35.17 36.23 37.32 Por Gordon Malloy

Per Trevor Fiftion HEO 2 31.57 32.52 33.49

Pet ~~r:11Del Ntwbol<l HE03 29.92 30.82 31.74 Site Services 1 31.57 32.52 33.49 Materials Controller 31.57 32.52 33.49 1

Per MartWttttuk

Por A;yJuurakk.a Materials Controller 27.96 28.80 29.67 2 Per: Christine Korzenko

Per: Oenls t.'~honey MIIIOp1 35.17 36.23 37.32 Mill0p2 31.57 32.52 33.49

Mill0p3 28.30 29.15 30.03

Mill0p4 25.02 25.77 26.54 Labourer 20.14 20.74 21 .36 Miner 1 36.51 37.61 38.74

UNI rED STEELWORKERS OF AMERICA, LOCAL 9 z Per. Jar.on C01d -~-1?~fl,.-lL--.,..-"'::::....-

Miner2 34,60 35.64 36.70 Miner3 32,69 33.67 34.68

Pur. Tim Lovosque

Per: Richard R.ou5" Mlner4 29.66 30.55 31.47

Por' Oliver Fuclu~ 'Leader classification will be compensated at the basic rate of the bargaining unit Employee

Per. Joff swnlund leading plus $5.00 per hour.

Per: Brian Lo816!tC:

Per: HorbOanlllar

36 37

APPENDIX B Positions I Progressions

Underground Positions and Progressions

CLASSIFICATION POSITIONS

Miner 1 Jumbo Drill/ Long-hole Blaster /Construction /Holst Operator /Shaft Maintenance

Mlner2 Ground Support; Scoop; Mechanized Bolter; Loader I Cable Bolt Installation;/

Long-hole Blaster(asslstant); ITH Drill ; Remote Scoop I Remote block·holer Drill/

Full Scope General Mine Construction I Minimum 2 yra experience with proficiency In ell 3 of the following

: Skip-tender/loading pocket; Crusher; Cage-tender;

Miner 3 Manual Scoop; Manual Block-holer; Haul Truck; Grador I Baste Construction/support; Shotcrete; Install MIM Sorvlcos I

Skip-tender/loading pocket; Crusher; Cage-tender;

Miner 4 Mine Services (Nipper) I Rock Breaker I Underground Services I 'FUel and Lube

ji.~':Jtr""{;J ~ -~ ·' ··' ::.~~·

Other Department positions & Progressions

CLASSIFICATION GENERAL RESPONSIBILITIES

HEO 1 Must be able to operate all haulage, all production ahovel/ loader operator end levelling equipment proflclontly

HE02 Must be able to operate haulage trucks, grader&, dozers, excavators, at least one mucking unit proflclently;(mucklng unit defined as shovel, excavator or loader) es well as light

equipment

HE03 Can operate all haulage trucks on site proflclently/*Fuel and Lube

Site Services • 1 ' Operate/maintain de-watering pumps In pit and elsewhere

' Garbage pickup

' Assist Equipment Mechanical crew

' General site clean-up

' General carpentry duties

38

' Other duties as assigned

Trades 1 A fully proficient, licensed tradesperson Journeyperson

Trades 2 A fully proficient unlicensed tradesperson 4th year apprentice

Trades 3 An unlicensed intermediate 3'' year apprentice Fuel Truck Operator/Mechanics Helper Drill Doctor

Trades 4 An unlicensed 2"' year appranllce

Trades 5 An unlicensed beginner 1'1 year apprentice Wash bay atlendant

~wr , ; •·; ~·:f, ':~ :~:l .,. ilf' :: ~~ ,-:'', , Material Controller 1 Fully qualified

Material Controller 2 Inexperienced, learner poslllon

- ~ . '

~· l Mill Operator 1 Pro!icientln operating all circuits in the Mill as well as reagent

mtxlng, sampling, water treatment, and auxiliary equipment relating lo the operation of the Mill .

Mill Operator 2 Proficient In operating three or more circuits In the Mill as well a reagent mixing, sampling, water treatment, and auxiliary equipment relating to the operation of the Mill.

Mill Operator 3 An employee that can proficienlly operate at least 2 circuits as well_ as reagent .mixing, sampling, water treatment, and auxiliar1 equrpment relatrng to the operation of the Mill. (AI least 2 circuit as referred fo above Includes 2 of the following:

1. flotation 2. grinding 3. de-watering 4. primary crushing 5. secondary and tertiary, crushing

Mill Operator 4 An employee with little or no experience in mill operations Inexperienced learner position. '

Labourer General duties as assigned

39

USW Loca/9422 331 May Street North Thunder Bay, ON, P7C 3R3

1. RRSP

LETTER OF INTENT

During lhe opera.llon of the Agreement, the Company confirms that it will continue to provide a retirement program (RRSP} as has been in place since 1995.

The current Company RRSP plan will be amended lo provide lor an additional Increment effective the pay period following 1 June 2020 that provides that after seven (7} years of service the Employee is entitled to ccnlrlbute at a 2 to 1 (Company - Employee) ccnllibutlon ratio to a maximum Employee contribution of $32.50 and Comp~ny contrlbulloo of $6500.

2. Vacation Anniversary Date

The Company agrees that it will continue its practlae of using the employee's anniversary dale for the purposes or vacation entitlement under Article 20 ofthe collective agmemenl.

3. Travel Nlowance

The following monthly travel allowance payments will be made to eligible employees, based on the driving distance from the employee's place of residence to LDI:

Distance from residence to mine site January 1, 2019 January 1, 2020

1 0% Increase 5% Increase

0-150 km $83 $87

151-300 km $165 $173

301-600 km $275 $289

601 -1500 km $660 $693

Greater than 1500 km $770 $809

40

4. Position I Progression Plan

:~leb~~~~~~~~~~:dn provided With a copy of the amended Position 1 Progression Plan which as a management policy of the Company. '

~~~;~~~t.of Intent Is provided by the Company and shall not form part of the Collective

This letler of Intent will continue for the term of this Collective Agreement

Yours very truly,

Wayne G. Scott

DATED at Thunder Bay, Ontario this day of November, 2018.

LAC DES ILES MINES L TO.

Per.. ____________________ __

Per. ____________________ _

4 t