Aug . 16. 2017 11:06AM CHRISTMAS STEEL . No. 9640 P. 2

COLLECTIVE AGREEMENT

be~·een

1766813 ONTARIO LIMITED O/A

CHRISTMAS STEEL (HereirK~fter refe,-red io as the ''Compan_..,,. or the ''Employer ")

and

INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL,

ORNAMENTAL AND REINFORCING IRONWORKERS, LOCAL 834

(Hereinafter referred ro u.s the "Union ")

June 16, 2016- Jun2 IS, 2019

Aug. 16. 201 7 11:0 6AM CHR ISTMA S STE EL No. 964 0 p. 3

ARTICLE 1 GENERAL PURPOSE OF THE AGREEMENT

1.01 The general purpose ofthis agreemc.::nt and the schedules is to establish mutually satisfactory relations between the Company and its employees, to provide a procedure for the prompt and equitable disposition of grievances, and to establish fair and satisfactory working conditions, hours ofwork and wages for all employees of the Company who are subject to the provisions of thls agreement.

The Company and the Union further recognize that the Company is engaged in a highly competiti·ve) customer service driven business and that it must be able to maintain an efficient, cost-effective operation and improve itself in a highly competitive market.

ARTICLE II RECOGNITION

2 .01 The Compan;-· recognizes the Union as the sole and exclusive collective bargaining agent of all employees of 1766R 13 Ontario Limited o.la Christmas Steel employed in the City of Kingston, Ontario save and except for office ~ clerical and sales staff~ superv·isors and persons above the rank of supervisor, persons employed in the construction industry , and persons covered by a subsisting collective agreement.

2.02 The term "employee" or ''employees·' as used in this agreement shall mean only such persor..s as are included in the bargaining tmit as defmed in section 2.01.

2.03 The term "seniority employee" as used in this agreement shall mean only such persons who are not probationary employees and have acquired seniority rights in accordance v.:ith Article XVII ofthis agreement.

2.04 The term "probationary employee'' as used in this agreement shall mean an employee having less than ninety (90) working days of service. For the purpose of this definition, a "'working day' means any day worked~ including weekends and holidays.

ARTICLE UI U!\10N SECtiRITY

3.0 1 All employees shall as a condition of employment be and maintain or become and maintain Union membership in good standing in the applicable local Union of the International Association of Bridge~ StructuraL Ornamental and Reinforcing Iron Workers, Local 834 in accordance with its Constitution and by-Jaws, not later than the thirty (3 0) calendar days from the effective date of this agreement or not later than thirty (30) calendar days after becoming an emplo:yee of the Company , whichever is later.

3.02 The Company agrees that each employee shall sign and deliver to the Company an authorization directing the Company to withhold frorn such employee' s earnings, Union dues as provided for in schedule ' 'A~ to this ~<Tfecrnem. The Company shall put employees on check-off at the time ofhi.rt: or return to work and deduct the Union due:; from monies due to

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them. Without limiting the foregoing, on the d.a:t~ each new employee is hired, the Company shall give to each employee an application for membership in the Union and a check~ff authorization which shall be signc:d by each employee. Copies ofthe application for membership and check-off authorization shall be promptly transmitted to the Union by the Company.

3.03 Upon receipt of -written notice from the Union that an employee has not acquired or maintained membership in the Union as required by the collective agreemenL the Company shall discharge such employee and such employee shall not be re-employed in the bargaining

unit during the life of this agreement unless or tmtil such employee complies with the pro·,.isions of this section.

3.04 The Company shall include on each employee ·s income ta.'< (T-4) slip, the arnoum of the Union dues deducted in the calendar year.

3.05 Remittances of all payments of dues deductions shall be sent by the Company to the financial secretary of the Union and shall be accompanied by itemized remittance reports in alphabetical order. showing payroll numbers, full names and amounts of deductions, and hours worked at regular and overtime rates. The Company shall deliver the above payments and reportS not later than the 15'h day of the month following the month for which the deductions were made. The Company will give a copy of the same reminance report to the Chief Shop Steward.

3.06 The Union will furnish the Company with a list of local officers and representatives and v.:ith amendments to the same as changes occur. The Company will furnish a list of persons with authority to act on behalf of the Company supervisory personnel to the Union at the stan of the contract year and amendments to the same as changes occur.

3.07 The Company shall not contract or sub contract out bargaining unit work to any entity or Business v.ithout the consent of the liuion if such contracting results in the layoff or reduction of hours of work of any St!niority employees in the bargaining unit.

3.08 In the evenr of an emergency either through force majeure, machine breakdown. shortage of trained employees for the work that cannot be covered by existing employees because of the required high skill or short term inc.rease in customer demand. the Company reserves rhe right to contract work to a third party or have a third party come on site as long as it does not result in layoff or reduction of hours for seniority employees in the bargaining unit.

3.09 Notwithstanding the . .Auticles 3.07 and 3.08, above, the Union agrees that it shall not be a breach of this agreement for the Company to continue its current practice of contracting out work related to the fabrication of stainless steel railing(s) and open web steel joist(s).

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ARTICLE IV ~ON-DISCRIMJNA TlON

No. 9640 P. 5

4.0 I The Company and the Union agree that there will be no discrimination with respecr to any employee on the basis of any employee' s age, race, color, and place or origin. religion, sex, sexual orientation, marital status, family status, political convictions, disability or any other ground prohibited by the Province of Ontario ' s Human Righrs Code.

4.02 The Company and the Union further agree that there will be no intimidation, dis<:rimination, intc:rference, restrain or coercion regarding an employ-.:e in the exercise of any of his statutory rights or rights as set forth in this agreement, including rights exercised because of an employee ' s membership in the Union or participation in its lawful activities.

4.03 The Company and the Union agree to abide by the requirements of the Province of Ontario' s Occupational Health and Safety Act and its regulations including ~ but not limited to, provisions relating to workplace violence and harassment and to comply with the Province of Ontario's Human Rights Code.

ARTICLE V 1\:lA.NAGEJ.\fEl\"T FUNCTIONS

5.01 The Union recognizes that the management of the plant and direction of the working forces are fixed exclusively in the Company and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Company to:

(a) maintain order, discipline and efficiency;

(b) hire, assign, retire, direct, promote, demote, classify, transfer, lay-off, and recall employees;

(c) discharge or suspend or otherwi se discipline seniority employees for just cause subject to the right of the seniority employee to grieve to the extent and manner set forth in Article VII if the provisions ofthis agreement are violated in the exercise of these rights;

(d) suspend, discipline or discharge a probationary employee for any reason satisfactory to the Company. provided that the Company' s decision in this regard is not exercised in an arbitrar)' , discriminatory or bad faith malliler;

(e) detennine the nature and kind of business conducted by the Company, the products to be processed. the kinds and locations of equipment and materials to be used, the processing methods~ the engineering and design of its produt:ts, the control of materials, pans and goods, the methods, processes and techniques of work, the schedules of work~ number of pcrsonnd to be employed. wherher to perfonn work or have work performed by others, the number of hours worked in a day, quality standards, standards of production an.d/or performance;

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(f) make studies of and to instirute changes in jobs, job content andjob assignments, the extension, reorganization, limitation, cunailmem or cessation of operations:

(g) set Company policy.

The Company agrees that all the provisions of _1\rt.icle V will not be used in any way that is inconsistent with the provisions of this Collective Agreement.

5.02 The Company has the right to make and alter from time to time reasonable rules and regulations to be observed by the employees . The Company shall notify the Cnion and the plant committee in v.liting prior to altering Company rul~s and regulations that affect the bargaining unit employees. Any such rules and regulations that affect the bargaining unit shall not be inconsistent with the provisions of this agreement.

5.03 In the event the linion disputes the reasonableness of Company rules and

regulations, the Union shall have the right to file a policy grievance in respect thereof pursuant to the provisions of A..rticle VII of this agreement. Such grievance will specify the rule or rules being disputed and the grounds upon which such role or rules are being disputed.

5.04 In the exercise of the: functions provided for in Sections 5.01, 5 . 02~ and 5.03, both parties shall not act in a manner that is arbitrary, uruea:>onable or in bad faith, or in a manner which is inconsistent with the p(ovisions of this agreement. The Company agrees that the Union shall have the right to grieve, should the Company exercise any of its management rights and/or functions in violation of, or in a manner inconsistent with, any provisions of this agreement.

ARTICLE VI STEWARDS A.t~l) COMMlTTEES

6.01 In the absence of a regularly scheduled steward, both parties agree that the Union shall have the right to appoint or select one ste...,vard for each shift operated by the Company and the right to appoint one of those stewards as chief steward. All stewards~ during their time of office, shall be regular employees of the Company who have completed their probationary period.

6.02 The Union will inform the Company in 'WTiting of the names of the stewards~ and of any subsequent change in the names of the stewards, and will not ask the Company to recognize any steward until having so notified the Company.

6.03 The Company recognizes a plant committee, consisting of all stewards and the chief steward.

6.04 The Company undertakes to instruct all members of its supervisory and human resources staff to cooperate with the stewards in carrying out the terms and requirements of this agreement.

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6.05 The Union undertakes to secure from its officers~ stewards and members, their cooperation with the Company and \.vith all persons representing the Company in a supervisory capacity: in carrying out the tenns and requirements of this agreement.

6.06 Stewards will be perrnined to leave their work without loss of pay: pwvided it does nOl cause an interruption and minimizes the impact on normal work: when requested by a bargaining unit employee for the purpose of inve::stigating potential or actual grievances, proc~ssing grievances, participating in the discipline or discharge processes and pexfonning an;-· duties relating to the grievance and arbitration processes. EHS (Employee Health and Safety) and job transfer issues may require immediate presence of the steward, but administrative concerns can be dealt with at an agreed upon reasonable time.

That p.ti'vilege is subject to the follov.ring conditions:

(a) The time Vv'\11 be devoted to the prompt performance of the steward's duties such as processing a grievance; and

(b) The steward concerned vvill obtain the permission of a member of Company management before leavjng work. Such pennission will not be withheld wm:asonably.

6.07 The Company will provide a confidential meeting room when necessary and a locked filing cabinet for the chief steward and stewards to retain and store necessary Union papers and materials.

6.08 When a member of management calls a seniority employee to a meeting that could result in discipline being issued to the employee, the employee shall be advised of his or her right to have a steward present during the meeting. \\'here the employee requests that a steward be present, the meeting shall not proceed until a steward is present.

In the event a steward is not in anendance at work or othefW'ise available, and the discipline to be imposed is a suspension or tennination, the Company agrees to advise the Union of the discipline to be imposed and the C'nion shall select an alternate seniority employee to be substituted for the steward.

Notwithstanding the foregoing, in the conduct of an investigation into an incident. including interviews of employees who may hav~ witnessed the incident, the Company has the right to conduct such investigation without the presence of the steward. However, the Company shall not issue discipline to an employee without advising him or her of the right to have a steward present during that disciplinary meeting, as provided for above.

6.09 The Company will provide written reasons for the disciplinary suspension or discharge of an employee who has completed his or her probation period at the time of disciplinary suspension or discharge or \Vithin seven (7) calendar days of the disciplinary suspension or discharge and provide a copy to both the Union and the employee.

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6.10 The Company recognizes the right of the Union to appoint or otherv.ise select a Union negotiating comminec comprised of one ( 1) seniority employee or the chief steward. The Company agrees that it will recognize and deal with the Union negotiating committee with respect to negotiating the renewal or modification of this agreement a"t the proper time. The Company will facilitate, through its payroll sy:ste.m, the payment of wages to

the employee member of the negotiating committee, for each work day spent in negotiations and/or conci liation and mediation. HoweveL the Gnion agrees to reimburse the Company for half of the monies paid to the employee v.:ith respect of negotiations and/or in conciliation and mediation.

6.11 The Company and the Union agree that the chief steward and appojnted stewards (who have served their probationary periods) shall no1: be laid off from employment provided that they are capable and q u.al ified of perfonning bargaining unit work that the Company continues to perform; or transferred to a different' classification or shift withom consent from the Union.

ARTICLE VII GRIEVANCE PROCEDURE

7.01 The purpose of this Article and Article VIII is to establish a procedure for discussion, processing and settlement of grievances as defined herein. The Union and the Company agree that it is in their rnuwal interest to deal with complaints and grievances concerning the 1nterpretation and/or alleged violation of this agrecm-=:nt as c.l(peditiously as possible.

''Grievance:~ shall mean a complaint or claim concerning unjust discipline or discharge ~ or involving any matter relating to wages, hours or working conditions, including questions or interpretation or application of, or compliance v .. ith~ the proYisions of this agreement .

7.02 The provisions of this Article and Article VIII shall not apply to any fonn of discipline issued to a probationary employee. Neither the employee, nor the Union on behalfofthe employee, has the right to grieve discipline issued to a probationary employee. Notwithstanding the foregoing and any other provision of this agreement, the Parties agree that the Union shall have the right to grieve on behalf of probationary employees any discipline or termination of employment alleged to have been made in breach of their statutory rights including~ but not limited to section 5 of the Human Rights Code and section 50 of the Occupational Health & Safety Act and that the provisions of this ~~rticle and .Article Ylli shall apply to such grievances filed on behalf of probationary employees.

7.03 Grievances arising under this agreement will be dealt wjth in the following manner;

STEP ONE:

It is the mutual desire of the Parties that compla.lnts of employees shall be adjusted as quickly as possible . The aggrieved employee may prest:nt the wrinen grievance to hi s or her immediate supervisor: having the assistance of his or her steward if desired. The supervisor -will give his responses no later than seven (7) calendar days after the

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grievance has been discussed. If the employee and/or union is not satisfied with the supervisor's response, the srrievance may proceed. at the Union ' s request. to STEP TWO .

STEP TWO:

The Union may commence any grievance (including: but not limited to, any grievances on behalf of individuals, groups or policy grievances) at STEP T\VO. Additionally, the Union may refer any grie"'ance filed at STEP ONE (that has not been resolved v.ithin seven (7) calendar days after a supervisor's response is issued at STEP ONE) to the STEP TWO process. At STEP TWO the grievance shall be reduced to writing b:;-· the Union and presented to the Company. The Company will render a v.:Tinen decision with respect to the grievance within seven (7) calendar days following the presentation of the grievance. Tfthe Union is nat satisfied with this '-\Titten decision: the grievance may p•oceed, at the union or Company's request, to STEP THREE or be referred to arbitration by either party.

STEP THREE:

At the request of either the Union or the Company, Vvithin seven (7) calendar days after the VvTinen decision is given under STEP TWO the parties shaJl meet as promptly as possible and the meeting shall include a designated representative of the Union and a designated representative of the Company to consider the grievance. At this stage, the Union has the right to also include any affected employee(s) and the chief steward. lf such meeting is held, the Company's human resources manager, or a manager so designated by the Company. will render a decision in v.-Titing within seven (7) calendar days following such meeting.

7.04 Grievances must be filed within ten ( 10) calendar days of the occurrence of the circumstances giving rise to the grievance.

7.05 In the event that the grievance is not senled by the Company and the Union at any earlier step of the gric::vance process, either party may refer the grievance in writing to arbitration as provided in i\.rticle VIII below, ""i.thin fourteen (14) calendar days after the decision under STEP TWO or STEP THREE as applicable is issued. The grievance Vvi.ll be deemed abandoned if no ""'Titten request for arbitration )s received 'vithin this time frame. However, tbis time limit and any other grievance and arbitration time limits contained in this agreement may be extended if both panies agree to the same in writing.

7.06 In the evem that the Company fails to respond to a STEP in this grievance process: the Union shall be free to refer the grievance to me ne:x-r STEP in this grievance process or to arbitration at its election "vithout waiting for such a response or completing any other steps in the grievance process.

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ARTICLE VIII ARBITR-\TION

No. 9640 p. 1 0

8.01 The Union and the Company agree that any dispute or grievance concerning the interpretation or alleged violation of this agreement properly carried through all of the steps of the grievance procedure as outlined in Article VII above and remaining unsettled~ may be referred to arbitration before a single arbitrator, at the \\Titten request of either of the panies.

8.02 Within seven (7) working days of making a v.-Tinen request for arbitration: the panies shall anempt to agree w retain a specific arbitrator. Ifthe parties fail to agree on an arbitrator, either pany may request the Minister of Labour for the Province of Ontario LO appoint an arbitrator.

8.03 The decision of the arbitrator v.·ill be binding on 'ooth parties.

8.04 The arbitrator v..ill have the authority neither to alter any of the provisions of this agreement. nor to substitute new provisions for existing provisions of this agreement, nor to issue any decision that would be inconsistent ""'ith the tenns and provisions of this agreement.

8.05 Each of the parties to this agreement (i.e. , the Union and the Company) will share equally the fees and expenses of this arbitrator.

ARTICLE IX MANAGEMENT GRIEV A~CES

9.01 Grievances instituted by management must be referred in writing to the Union and plant Committee within the latter often (1 0) calendar days of the occurrence or the circumstances giving rise to the grievance became kn0\\11 to the Company. The plant corrunittee and the Union shall meet within seven (7) calendar days thereafter ""ith management to consider the grievance and the Cnion shall provide its written response to the grievance within seven (7) calendar days of such meeting.

9.01 If final settlement of the grievance is not completed within seven (7) working days of such meeting, either party may refer the grievance in writing to arbirration as provided in

.. Miele VIII . Such referral must be made no later than ""ithin the following ten (1 0) calendar days . All the provisions of Article VU including. but not limited to, items such as the effect of the failure of the Union to provide a response shall apply, murari.s mutandis, to management grie·vances.

ARTICLE X REVIEW OF DISCIPLINARY ACTION

10.01 Discipline that has been imposed on an employee will be removed from the employee's record after the passage of eighteen (1 8) months, provided the employee receives neither a warning for the same type of conduct nor a suspension for any misconduct in that subsequent eighteen (18) month period. ·

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10.02 An employee has the right to :eview his or her personnel file upon 'W'ri.tten request at a time mutually agreed upon once per year.

A..RTICL£ XI ~0 STRIKES OR LOCKOUTS

11 .0 l The Union agrees that during the life of this agreement and any extension thereof: neither it nor any of its members will conduct, participate in, or support a strike against the Company.

11 .02 The Company agrees that during the life of this agreement or any extension thereof it will not lock out its employees.

11 .03 The word ··strike" and the word '·lock~ouf' as used in sections 11.01 and 11.02 above shall have the meaning given those words in Ontario's Labour Relations Ac£.

ARTICLEXJI WAGES CLASSIFICATIONS & DEDUCTIONS

12.01 The Parties agree that wage rates, less regular payroll deductions required by law: will be paid in accordance with Schedule '·A" to this agreement.

12.02 However, the Parties further agree that the Company, in its exclusive discretion, may provide an employee with a rate of pay in excess of the applicable Schedule '·A: rate. ar1d such employee shall be "red circled" tmtil such time as the Schedule "A" rate exceeds thejr rate.

12.03 Union dues shall be deducted at the rate of2.5 % of gross earnings (excluding vacation and holiday pay).

ARTICLE XIII HOl.JRS OF WORK .<\2"'D OVERTIME

13 .01 The fo llowing paragraphs and sections are intended to define the normal hours of work. They are not to be construed as providing a guarantee of hours of work per day or per week. or of days of work per week.

13.02 The normal work week will cons ist of up to 41 hours. This weekly total is exclusive of a daily thirty (30) minute unpaid lunch break.

1.3 .03 Subject to any higher overtime premium set out in this agreement overtime a\ a rate of one and a half ( 1.5x) the employee' s reg-ular hourly rate shall be paid for all hours worked in excess of 41 hours per week .

13 .04 Ovcnime at the rate of double (2x) the employee·s regular hourly rate shall be paid for all hours worked by the employee in excess oftwelve (1 2) consecutive hours on any

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work day (which shall include work on consecutive calendar days for employees -.vorking night shifts spanning two calendar days).

p. 12

13,05 There shall be no pyramiding of ovenime. Rather, the employees shall receive the highest applicable overtime rate set out in this agreement.

13 .06 Pay days are on Thursday. The Company shall pay employees by direct deposi1 or cheque, dra-wn on a local bank. The Union agrees that the Company may unilaterally change the day of the week designated as its pa:v day: or a transition to a two week pay period. upon providing the Union with at least thirty (30) days' notice of the change.

ARTICLE XlV VACATIONS AND VACATIONS PAY

14.01 Payout of all vacation pay will be provided during each pay period.

14.02 An employee v.;ho has completed less than one year's service as of January lst in any year shall receive unpaid vacation time pro-rated on the basis of his completed service as of January 1st. Vacation pay will be calculared on the basis of four percent (4%) of the employee's gross wages during the pay period for which vacation pay is paid.

14.03 All employees who have acquired one (1) to se';en (7) years seniority 'With the Company as of January 151 in any year v.ill receive tv,.·o weeks annual vacation and vacation pay calculated at four percent (4%) oftheir gross earnings (excluding vacation and holiday pay) during the pay period for which vacation pay is paid .

14.04 All employees who have acquired eight (8) to fifteen (15) years seniority with the Company as of January 1 S\ in any year will receive three weeks annual vacation and vacation pay calculated at six p~rcem (6%) of their gross earnings (excluding vacation and holiday pay) during the pay period for which vacation pay is paid.

14.05 All employees who have acquired sixteen (16) to twenty-four (24) ;-·ears seniority v.·ith the Company as of January J 51 in any year will receive four weeks annual vacation and vacation pay calculated at eight percent (8%) of their gross earnings (excluding vacation and holiday pay) during the pay period for which vacation pay is paid .

14.06 All employees who have acquired twenty-fiv~ (25) or more years seniority with the Company as of January 151 in any year will receive five weeks annual vacation and vacation pay calculated at ten percent (10%) of their gross earnings (excluding vacation and holiday pay) during the pay period for which vacation pay is paid.

14.07 Employees must submit their vacation time preferences in writing to the plant manager by the 1st day of April every year, Vacations will be considered on the basis of seniority within each classitl.cation. A final vacation schedule will be detennined and posted by May 15th. The Company reserves the right to schedule all un~booked vacation days as of September 151 for the remainder of the year.

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14.08 The Company shall be enti1led to schedule a Christmas plant shutdo'A.n not to exceed five (5) calendar days. The Christmas plant shutdov..rn dates shall be declared on or before March 1st of each year.

Employees who are entitled to ten ( l 0) or more days of vacation entitlement shall be required to take up tO five (5) days of the entitlement during the Christmas plant shutdov.n unless otherwise approved by the President ofthe Company or his designate.

14.09 Should the Company decide to operate during a previously declared Christmas plant shutdov.-n, any such work, '1.\"ithin the skill set required, shall be offered to employees on a voluntary basis in the order of seniority, provided the employee has the skills, quali fications and ability to perfonn the job without training.

14.10 Any employees who are on layoff during a Christmas plant shutdown shall be entitled to carryover any vacation days scheduled during the shutdovvn into the following calendar year, when they must be used or are otherwise forfeited.

ARTICLE XV PUBLIC HOLIDAYS

15.01 The following Public Holidays, regardless of when they falL are granted with pay to all acti ve employees :

l. New Year's Day

2. Family Day 3. Good Friday 4. Victoria Day 5. Canada Day 6. Labour Day 7 .. ·Remembrance Day 8. Thanksgiving Day

9. Christmas Day

10. Boxing Day

15.02 Payment of Public Holiday Pay wlll be based on the employee' s regular hourl y rate. multiplied by the number of hou(S he or she would normally have worked on such a day if it were a regularly scheduled working day for him or her. For example, a person who is regularl y scheduled to work an 8.5 hour shift on Mondays shall receive 8.5 hours' pay for a holiday occurring (or observed) on a Monday.

15 .03 An employee who fails tO work all of his last regularly scheduled day of work before a Public Holiday or all of his tirst regularl y scheduled day of work afterthe Public Holiday or fails to perform all ofthe work on the Public Holiday that he previously agreed to perform, shall be ineligible for Public Hohday Pay, as calculated above.

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15.04 If an employee works on a Public Holiday. he v.:ilJ receive an overtime payment at two times (2x:) his regular rate of pay for all hours worked, in addition to receiving Public Holiday Pay as described in 15.02 .

ARTICLE XVI SENIORITY

16.01 Senioriry is defmed for the purpose of this agreement as the length of continuous ser·vice in the employ of the Company and wi.ll apply on a plant-wide basis. Seniority shall not be lost except for the reasons provided in this agreement and. without limiting the foregoing. shall not be lost as a result of absences due to bona fide injury, ilh"less or disability and shall continue to accrue during such absences.

16.02 Seniority lists will be revised every six (6) months. A copy of the revised list '.Nill be posted in the plant and given to each stewardo to the chief steward, and to the Union office. Without limiting the Union:s right under the grievance procedure~ should an employee believe that a mistake has been made in regard to his or her seniority, that employee may advise his or her supervisor Vvithin thirty (30) calendar days. The maner will then be investigated, and ifthe seniority date was incorrect, it shall be adjusted appropriately.

16.03 If an employee or the Union does not challenge an employee ' s seniority standing as listed v.ithin thirty (30) calendar days after the list is posted, then it shall be deemed tQ be an accurate list and shall not be challenged thereafter.

16.04 ."\.n employee having less than ninety (90) working days of continuous service will be considered a probationary employee and will have no seniority dghts during that period . For the purpose of this section, a ··v .. 'orking day'· means an;-· day worked, including weekends and holidays. The dismissal, lay-off or failure to recall after a lay-off of a probationary employee will not be the subject of a grievance brought by the Union . . -\fter accumulating ninety (90) working days ' service, an employee will enjoy seniority dating back to the day on which his or her employment began.

16.05 A non-bargaining unit employee who is transferred to a position within the bargaining unit will accumulate seniority only from the date of his or her commencement of work within the bargaining unit.

16.06 An employee shall lose his or her seniority standing for any one of the follo"Ying reasons and emplo)'ment shall be deemed terminated:

(a) If the employee voluntarily quits his or her employment with the Company;

(b) If the employee retires;

(c) If the employee is discharged tor just cause and is not reinstated in accordance with the provisions of this agreement or othei'\vise reinsta'(ed to employment:

(d) If the employee is laid off for a period in excess of twelve ( 12) months or the

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(e)

len£rth of h1s seniori.tv. whichever is less; ~ - .

If the employee fails tO report to work ~ithin five (5) working days after being recalled by the Company following a layoff by mail or telephone, unless absent for a reason deemed satisfactory and acceptable to the Company;

If the employee falls to return to work immediately upon the termination of an authorized leave of absence, unless absent for a reason deemed satisfactory and acceptable to the Company;

(g) If the employee is absent for three (3) consecutive working days v.irhout an explanation satisfactory to the Company without reasonable cause:

(h) If the employee uses a leave of absence for reasons other than that for which the leave was granted; or

(i) If the employee accepts gainful employment while on an authorized leave of absence, without first obtaining the consent of the Company in "Writing.

16.07 If an employee covered by this agreement is temporarily promoted to a supervisory or confidential position (i.e., any non-bargaining unit position). he or she v ... ill retain seniority acquired tO date and will have added to the same seniority accumulated while serving in such a supervisory or confidential capaciry, up to a maximum of six (6) months.

16.08 Each employee has a duty to notify the Company promptly of any change in address and telephone number. If an employee fails to do this , the Company v.ill not be responsible for any failure of a Company notice to reach the same employee . . A.ny notification delivered or mailed to the address which is on the Company' s records shall be deemc:d to have been received by the employee.

16.09 In the event of layoffs the following procedure shall apply:

(a)

(b)

The classification within which the layoff will occur \Vill be identified.

All probationary employees in the classification will be laid off first.

?

(c) Thereafter, if further employees are to be laid off the most junior employee in the selected classification will be laid off first, provided more senior employ~es have the necessary skill , ability and qualifications to perform job, without training.

(d) Employees shall be recalled to work in order of seniority within their classification provided seniority employees have the necessary skilL abilit;-· and qualifications to perform job, without training.

(e) If the job is nut filled t.hrough the recall procedure in (d), supra. emplo~ees on lay-off will be recalled out of their classification on the basis of seniority provided seniority employees have the necessary skill , ability and qualifications to perform job, with a familiarization period of up to rwo (2) shifts. An

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Aug. 16. 201 7 11:08AM CHRISTMAS STE EL No . 9640

employee who is not able to show sufficient skill and abilit;r within the familiarization period shall be placed on layoff wi thout loss of seniority .

ARTICLE XVII LAYOFFS AND TE~'\1INATIONS

p. 16

17.01 In all cases of reduction of forces by layoffs. the Union, the employees affected and the chief steward, v.,.hen practicable, shall be provided with notice by the Company of impending layoffs or non~disciplinary terminations.

17.02 In all cases where employees are laid off or terminated for any reason (including disciplinar~.: terminations), employees shall be promptly provided by the Company any cenitJ.cations which are the property of the employee and are transferable to other workplaces.

ARTICLE XVIII VACANCIES AND JOB POSTINGS AND TR>\.:"i'SFERS

J 8.01 For the pw-poses of this article, the term "vacancies" will be defined as any unoccupied bargaining unit position which the Company intends to fill , caused by factors such as : employee: transfer, death, retirement, long-term leave: or termination of employment; or the expansion of the Company's workforce tO include new positions, classifications or departments where the duration of such an unoccupied bargaining unit position is reasonably anticipated to or does exceed ninety (90) days.

18.02 _A,.ny vacancies will be posted for seven (7) calendar days, throughout the plant.

18 .0:3 Active employees throughout the plant who are not on probation may apply in WTiting for a transfer to a posted vacancy. Applications must be received in writing no later than ten (1 0) calendar days from the initial date of posting. The Company will announce the results , within twelve (12) calendar days of the initial date of posting) in the event it fills the posted vacancy.

18-04 In determining transfers7 the Company will award the employee w'ith the greatest amount of seniority among those applying for the job, provided that the same employee is qualified and has the existing skill and ability to perform the work required by the Company. The Company reserves the right to limit the number of postings by an employee to t'-VO (2) within a twenty-four (24) month period.

18.05 The job vacated by an employee transferred under these provisions will be posted, except in the event that it need not be filled. In such event, the Company will notify the chid steward.

18.06 The successful applicant, in a situation of transfer. will have the right to a familiarization period of up to t'-V'O (2) shifts. An employee \:.,·ho fail s to fill the requirements of the position to which he or she has been transferred will be transferred back to the position in

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Aug. 16. 2017 11:08AM CHRISTMAS STE EL No. 96 40

1..vhich he or she worked immediately preceding the transfer, at the end of this familiarization period.

p' 17

18.07 An employee who is temporarily transferred tO an operation in a classification which has a lo\ver rate of pay than his or her regular classification will continue to rec~ive ills or her regular rate of pay.

18.08 In the case of transfers of a permanent narure to a lower or higher paid classification, an employee will n:ceive the appropriate rate of pay for the classification to \Vhich he or she has been transferred .

18.09 ln the event that the Company decides that it is nect!ssary to transfer, on a temporary basis, employees from one department or job classitication to another. and where an employee who has been asked to transfer does not \hish to accept the transfer: the Company will transfer the most junior employee in the department or classification possessing the qualifications skills and abilities necessary to perfonn the job.

ARTICLE XIX HEALTH AND SAFETY

19.01 The Company will make reasonable and appropriate provisions for the health and safety of employees during the hours of their employment and will provide protective devices on machinery and all other deyices the Company deems necessary to protect employees from injury.

19.02 The Company will provide an adequate!: equipped first aid area where employees may attend to receive proper first aid. The first aid area will be located v.ithin the plant where it is easily accessible to all employees .

19.03 The Company will provide the services of a person holding a current first aid diploma: in order to assist any employee requiring first aid.

J 9.04 There will be a Joint Health & Safety Committee comprised of representatives appointed by the Company and one representative to be appointed by the Union. The Union and Company agree to expand the size of the joint health and safety committee if so required under the Occupational Heallh and Safe!).: Act.

19.05 The Health & Safety Committee will meet monthly or more frequently as it may require, and will keep minutes of each meeting. The Company will forv.-·ard a copy of the minutes of the health and safety committee to the Union representative . Annually, and in advance. the parties will agree on a mutually convenient schedule setting out the dates of the monthly Health & Safety Committee meetings.

19.06 The Union and the Company agree that. in the event that the Company introduces new technology, in the form of new equipment, which may have an impact on employee health and safety:

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Aug. 16. 201 7 11:0 9AM

(a)

(b)

CHRISTMAS STE EL No. 96 40 P. 18

The Company will notify the Union and chief steward prior to the production use of the new equipment and provide a description of the equipment in question, together v.:ith a statement ofkno'Nn impacts of the equipment on employee health and safety;

The Union may request a meeting with the Company to discuss the impact of the new technology.

ARTICLE XX LEAVES OF ABSENCE

20.01 The Company may grant an unpaid leave of absence of up to four (4) weeks over the life of this agreementc if an employee submits a request in ·writing, and iftl1e leave is for good reasons, and does not unreasonably interfere with the operations of the plant. The Company "rill provide a reply to such a request in writing within four ( 4) working days of receiving the request~ or sooner if possible . This unpaid leave of absence is in addition to any applicable leaves provided und~r the Employment Swndards AcE, 2000.

20.02 In the event of an emergency situation (i.e .. death or a serious accident or illness within the employee:s family), the Company \\'ill respond to a request for a leave of absence promptly. In such cases, both the request and the response may be made verbally. Family members ' definition will be as defined by the Employmenr Slandards Act, 2000.

20.03 The Company retains the right to provide an employee with an unpaid leave of absence in excess of four ( 4) weeks in exceptional circumstances.

20 .04 The Company w1ll grant leaves of absence without pay to two (2) employees to anend Union conventions and conferences for a combined total period or periods not exceeding ten ( 1 0) days, in any single calendar year. The two (2) employees may not be simultaneously absent from work for this purpose if it interferes 'v"v-ith the ability for the Company to carry out its operations.

20 .05 The Company shall continue its current practice of providing seniority employees with tv.·o (2) paid sick days per year.

ARTICLE XXI REPORTING PAY, CALL L~ PAY AND EivlPLOYEE INJURY PAY

21.01 Any employee who reports to work on his regular shift on a n':gular •vork day without being previously notified not to report at least four (4) hours prior to his or her scheduled shift stan and who is not employed for at least four ( 4) hours for any reason shaH be paid a minimum of four (4) hours pay at his or her applicable hourly rate. This only applies to employees who provided a reachable telephone number.

21 .02 Any employee who is called in to perform work outside of his or her regularly scheduled hours shall be paid a minimum of fuur (4) hours pay at the applicable straight time or overtime rates what would apply to the performance of such work .

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Aug. 16. 2017 11:0 9AM CHRISTMAS STE EL No. 9640 p. 19

21.03 \Vh.ere an employee is injured or ill and. entirely on the Company's initiative, is sent to a doctor or other medical treatment provider and v,:ho returns to work during his regular or scheduled overtime work hours on the same day shall receive pay at the applicable hourly rates for such time lost on that day .

In the event such an employee is admitted to hospital or instructed by the Company or a doctor to refrain from returning to work on that same day, such employee shall recc:ive the applicable hourly rate for his or her regular shift for that day.

ARTICLE XXII BENEFITS & ALLOWANCES

22.0 l The Company shall contribute l 00% of the premiums for the applicable group benefit plan on behalf of eligible employees who have completed their probationary period.

22.02 Eligibility to participate and entitlement under any of the benefit plans or any issue concerning benefits shall be subject to the specific provisions of the insurance plans, policies or contracts. Any di spute over payment of benefits under any such plans, policies or contracts shall be adjusted between the claiming employee and the insurer concerned. It is understood that nothing herein shall be construed to make the Compan~·

the insurer of the insured benefits and the Company's obligation is entirely fu lfilled b:;.· the payment of the premiums h~rein bdore set out.

22.03 The Company shall provide to each ~mployee a copy otlhe information booklets for those benefits provided. It is expressly understood that the Company shall not be regarded as the insurer of the benefits set out in the information booklet or otherwise provided for in this agreement.

22.04 The Company may select the insurance carriet(s) of its choice or may change insurance carrier(s) or plan(s) upon providing the Union with thirty (30) days VvTitten notict: of the change. The group benefit plan selected by the Company shall include terms regarding a prescription drug plan, eyewear and optometrist coverage, dental benefits, and hospital coverage.

22 .05 The Company will provide each employee a boot allowance ofup to SIOO.OO per year upon presentation of a receipt for the purchase of boots .

22.06 The Company will provide a tool allowance in the amount of $500.00 every three (3) years to each existing bargaining unit memb~r and to each new employee upon completion of the probationary p~riod.

22.07 The Company funher agrees to repair and/or replace an employee 's grinder. as necessar: ·.

22.08 The Company will continue to suppl y those tools and personal protective equipment which it did prior to the commencement of this agreement. Barg<~ining \Jnit Members will continue to be responsible for those tools (including ,but not limited to, a grinder.

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Aug. 16. 201 7 11:0 9AM CHRISTMAS STEE L No. 964 0 p. 2 0

measuring tools, a welding helmet and vice grips) and personal protective equipment which they purchased prior to the commencement of this agreement.

ARTICLE XXIII lJNJON PLANT VISITATION A.ND BuLLETt~ BOARDS

23 .01 An authorized representative of the Uruon. after contacting a Company representative designated for such purpose, and arranging for a convenient time, shall be pem1itted to visit the offices of the Company and/or to visit the Company' s shop facilities to investiQaie anv matter covered bv this aQJ"eement but such Union representative shall not interfe;e with -the progress of wo~k -

23 .02 A bulletin board shall be made available by the Company for the exclusive use of the Union. Copies of all notices to be posted on the Union's bulletin board shall be furnished

to the Company President or his designate. It is understood and agreed that proper Union notices include, but are not limited to, notices in relations to meetings, appointments, committees, elections of officers, seniority list , schedules, dues: entenainment and health and safety issues.

ARTICLE XXIV SA\-1NGS CLAUSE

24.01 It is assumed by the parties hereto that each provision of this agreement is in CL'nforrnity will all applicable laws and regulations of Canada and of the Pro·vince of Ontario.

24.02 Should any part of this agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any judgment or order of a court, tribunal or board of competent jurisdiction, such invalidation of such pan or portion of this agreement shall not invalidate the remaining portions hereof and such remaining portions shall co!1tinue in full force and effect.

24.03 In the event that any clause or sections are held invalid, or enforcement of or compliance with, which has been restrained as above set forth, the pa.-·iies affected thereby shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of implementing the requirement:> of any such order, judgment or legislation or for the purpose of arriving at a mutually satisfactory replacement for such article or section during the period of invalidity or restraint. If the parties do not agree on a mutually satisfactory replacement, they shall submit the matter to interest arbitration .

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Aug. 16. 201 7 1:09AM CHRISTMAS STE EL

ARTICLE XXV DURATION

No. 96 40 P. 21

25 .01 This agreement and any amendments thereto shall continue in effect for three (3) ;;ears from the June J 6, 20 1 6 ~ and shall continue automatically for further periods of one (1 ) year each, unless either pany notifies the other, in Vvtiting, not more than ninety (90) and not less than thirty (30) days before the expiration date of this agreement (or its automatic renewal) of its desire to terminate this agreement. In the event a notice of desire to terminate this agreement by either party is given as hereinafter above provide, the parties shall meet within fifteen (15) days from the giving of such notice or vvithin such further ;J<=riod as the parties may agree for the purpose of negotiating a nevv agreement.

Dated in Toronto, Ontario on the 15t11 of June. 2016

For the Employer: For the Union :

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Aug . 16. 2017 11:09AM CHRISTMAS STE EL No. 9640 P. 2 2

SCHEDt!LE .. A"'

1.01 Classifications and Rates of Pay :

EffectiYe June 16,2016:

Prohatiun;m. Post- ~ .000 -l .OIIO 6,000 10.000 1-l.OOfl 20J)UO llour-;\\orked P~riod - ProlMtion 11r1rl (2FTE) (~ II!: j i5l-TEJ 1- fTI) ilulrEl

Labourer/ $!4 .50 $14.50 S\5.00 Sl5.50 Shipper & Receiver

Welder/Fitter $ 15.50 Sl5.50 Sl6.00 S\6.50 S17.00 Apprentice

Welder!Fitte:r $17 .22 S17 .50 S18 .00 5 18.15 s 19 . .50 521 .50 524 60 Jou rneyperson

Painter S15 .00 Sl5.50 $16.00 Sl6.50 s !7 .00 s 17.50 Sl8.00

Effective June 16,2017:

\\ Prob~uionarv Post- 2.000 4.000 (>.000 10.0011 1 ... 000 :w.oon

tluurs orl;.c:d . ·1 • p b - I L rE .., F1" " ) , , I IE · -!."TEl - L I"[ "1 0 F"f - l't:nou ro :!11011 { r I (_ L (.' ) (:::> r 11 , ) ( l:)

Labourer/ Shipper & Receiver

Welder/fitter Apprentice

Welder/Fitter Jo u rnc~·pen-on

Painter

Sl4.6l S\4.61

515.6:2 s 1.5 .6:2

CHR.l <; 5 17.35 s 17.63

Sl5.ll $1:5 .62

Effective June 16, 2018:

$15.1 I

DJ~~ f'j-r:f, SJ6.12

$18 .14

S\6.1 2

$15.62

~~ Sl6 62 51 7. 13 --- ~.*Nit- v' j

Sl S.89 $19.65 5: 1.66 $:! ~ . 78

;:-I!J<., t-l K, ~I $16.62 s 17 .13 517,6.3 s 18.1 4 --

H \ h. d l'rob:Hion;lf·~ Po~t- 2.000 .l..IJOO 6.01111 HI.OOO U.OUO 10,000 ours\or( ['~r•od Probation (lf-ILJ (_: l--!1· ) t3Ff"[) \~FTfJ t7~1LJ 1101-fF)

Labourer/ £14.72 SJ4.72 $!5 .23 S l 5.73 Shipper & Receiver

Welder/fitter $1 5.73 S\5 ,73 SJ6.24 $ 16.75 S17.26 Apprentice

WelderfFitter 5 17.43 $17 .76 Sl8.27 519,03 s 19.79 521 .82 524.97 .Jou roey person

Painter $15 .23 $15 .73 Sl6 .24 S16.75 Sl ?.26 Sl 7.76 5 18.~7

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Aug . 16. 2017 1:09AM CHRISTMAS STE EL No. 9640 p. 2 3

1.02 In the event the Company designates an employee as "lead hand", such employee shall be enLitled to a $1.00 an hour premium to the rate:: provided for above.

1.03 A welder/finer apprentice who has complete more than 6000 hours at that classification shall remain at the highest wage rate for that classification, regardless of kngth of his service, until he acquires ajourneyperson ticket; at which point he shall move to the journeyperson classification at the 2000 hour rate ( $18 .00 at the date of ratification) in the pay period following presentation of their journeyperson ticket to the Company.

l .04 The hours thresholds contained in the above grids relate to actual hours worked- they do not include unpaid breaks, public holiday pay and any other premium pay received (e.g,. one hour of ovenime \vill be counted as one hour \l..'Orked, and not 1.5 hours worked fo r the purposes of the above grid).

l. 05 For existing employees as of the date of commencement of operation of this agreement: employees shall be paid on the basis of hours worked . Any employee being prud in excess ofthe rates required by Articles 1.01 and 1.02 ofthis Schedule .. A" shall be •·red circled"' until such time as the wage grid exceeds their rate . No employee shall receive a reduction in wages as a result ofthe implementation of this agreement.

1.06 The Company will provide a payment of$150 .00 per week for up to eight (8) weeks tO

attend in-classroom instruction as part of an accredited apprenticeship diploma program where the registered college is further than 100 kilometres from the place of employment. Such payment v.ill be provided upon presentation of satisfactory proof of completion of the program. Employees agree to attend the registered college located nearest to the place of employment.

1.07 The Parties further agree that no more than one (1) employee may anend the eight (8) week in·classroom instruction at any time, unless express written consent is provided by the Company. In the event more than one employee expresses a desire to auend the program at the same time. the employee with the greatest seniority will be so entitled to attend .

1.08 The Company agrees to provide iofonnation and filing instruction regarding any k.no'Nn goverrunent grants which are availab le to employees who participate in an apprenticeship program.

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Aug.16. 2017 11:10 AM CHRISTMAS STEE L No. 9640 P. 24

LETTER OF UNDERSTANDING RE: WELDING QUALIFICATIONS

The Parties agree that the words '·Qualification" or '·Qualified'' when used in this agreement, to the extent the words relate to welding, shall mean that the employee has held a valid CWB certificate within the preceding three (3) yea:s and is able to reacquire a valid CWB certificate on his first anempt at the Company's expense.

Dated in Toronto, Ontario on the t5lh of June, 20 16

For tbe Union:

Aug.16. 201 7 11:OAM CHRI S MAS STE EL No. 96 40 P. 25

LETTER OF UNDERST A..NDING RE: CODY J. DRAWBRIDGE

The Parties agree that due to Mr. Cody J. Drawbridge's experience and length of ser . .: ice wi1h the Company. he shall be subject to the foll ovving pay grid:

June 16: 2016 517.00

June 16, 2017: Sl7.50

Effective June 16, 2018, Mr. Drawbridge shall enter the welder/fitter journeyperson classification at the 2000 hour ( 1 .FTE) wage rate ($18 .00 at the date of ratification)

Dated in Toronto. Ontario on the 15th of June, 2016

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For the vnion: