Transcription of COLLECTIVE AGREEMENT BETWEEN: ATTWELL …
1 COLLECTIVE AGREEMENT BETWEEN: ATTWELL HAULAGE LIMITED ( hereinafter referred to as the "Employer") AND TEAMSTERS LOCAL UNION NO. 230 Affiliated with the International Brotherhood of Teamsters ( hereinafter referred to as the "Union") Effective Date: June 3, 2014 Expiry Date: April 30, 2017 This AGREEMENT entered into this 13'" day of June, 2014. Between: ATTWELL HAULAGE LIMITED ( hereinafter referred to as the "Employer") AND TEAMSTERS LOCAL UNION NO. 230 Affiliated with the International Brotherhood of Teamsters ( hereinafter referred to as the "Union") ARTICLE 1-INTENT AND PURPOSE The Employer and the Union agrees that the purpose and intent of this AGREEMENT is to promote co-operation and harmony, to recognize mutual interests, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Union and the Employer, to promote efficiency and service, and to set forth herein the basic AGREEMENT covering rates of pay, hours of work, dispute procedures and conditions of employment.
2 ARTICLE 2-COVERAGE The Employer recognizes the Union as the exclusive bargaining agency for all truck drivers in the employ of the Employer Ontario Labour Relations Board Area Number Eight (8) and Board Area Number Nine (9), save and except foremen, persons above the rand of foremen, mechanics, dispatchers and office staff. The Employer agrees not to enter into any AGREEMENT or contract with their employees as described in the preceding paragraph individually or collectively, which in any way conflicts with the terms and conditions of this AGREEMENT . ARTICLE 3-UNION SHOP CONDITIONS The Employer agrees that all present employees covered by this AGREEMENT except new employees during their probationary period shall, as a condition of employment, become and remain members of the Union in good standing.
3 New employees shall make application for membership in the Union at the time of hiring and shall become and remain members of the Union in good standing as a condition of employment as soon as their probationary period has been served. The Employer agrees that when new employees are hired they will fill out a form covering particulars of hiring, such forms to be supplied by the Union, and forward to the Union office within twenty-four (24) hours. Page2 The Employer agrees to deduct regularly monthly Union dues from the first pay due each eligible employee in each month and to remit the monies do deducted to the Union, on or before the fifteenth day of each month.
4 Eligible employees are those from whom the Union has supplied the Employer with dues deductions authorization. The Employer further agrees, on receipt of proper authorization to deduct the Union initiation fee in four equal installments, and to remit such deductions to the Union. The Employer will, at the time of making each remittance to the Union, specify the employees from whose pay such deductions were made, and if no deduction is made, state the reason. If an employee is absent and has not sufficient pay to his credit, his Union dues shall accumulate and shall be deducted upon his return to work. 3.
5 7 The Employer will not be required to dismiss or suspend employees from employment who have been expelled or suspended by the Union unless such expulsion or suspension by the Union as for just cause. Disputes will be subject to the Grievance Procedure and Arbitration if necessary. The Employer shall show the yearly Union monthly dues on employee's T4 slips. ARTICLE 4-MANAGEMENT RIGHTS The Management of the business and the direction of the working force, including the right to plan, direct and control operations, hire, suspend or discharge for proper cause, transfer or relieve employees from duty because of lack of work or for other legitimate reasons, the right to study or introduce new or improved production methods or facilities, and the right to establish and maintain rules and regulations covering the operation, a violation of which shall be among the causes for discharge, are vested in the Employer, subject to the provisions of this AGREEMENT .
6 ARTICLE 5 -GRIEVANCE PROCEDURE The Union shall have the right to appoint or elect a reasonable number of Stewards in the plant to assist employees in presenting their grievances to the Employer, and supervise the administration of this AGREEMENT . The Union agrees that it will keep the Employer supplied with a list of Stewards and Officers, and any changes that occur. Any differences, disputes or complaints arising over the interpretation or application of this AGREEMENT shall be submitted in writing in triplicate on forms supplied by the Union and signed by the employee. There shall be an earnest effort on the part of both parties to settle such grievances promptly through the following steps: Page3 STEP ONE: By a conference between the aggrieved employee, with the Shop Steward and the Forman.
7 STEP TWO: By a conference between an official or officials of the Union and the Management of the Company. STEP THREE: In the event that the grievance is not satisfactory settled between the Management and the Union, it may be referred to a Board of Arbitration. The Board of Arbitration shall consist of three (3) arbitrators, one to be appointed by each party to this AGREEMENT , and the third to be selected by the two so appointed. The party desiring arbitration shall appoint its arbitrator and shall give notice in writing to the other party of such appointment. In the event of the two arbitrators so appointed being unable within three (3) days, to select a third arbitrator able and willing to act, either party may apply to the Ministry of Labour for the Province of Ontario to appoint a Chairman of the Arbitration Board.
8 Each of the parties hereto will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expense of the Chairman of the Arbitration Board. A claim by an employee that he has been unjustly discharged, suspended or laid off, shall be treated as a grievance and may be taken to Arbitration if a written statement of such grievance is lodged with the Employer under Step Two within five (5) working days after the discharge is effected. Such special grievance may be settled under the Grievance Procedure by: (a) Confirming the Employer's action in dismissal of the employee; (b) Reinstating the employee with full compensation for time lost; or ( c) Any other arrangement which may be deemed just and equitable.
9 The proceedings of the Arbitration Board shall be expedited by the parties hereto. Such Board shall not be authorized to alter, modify, or amend any provisions of this AGREEMENT . ARTICLE 6 -NO STRIKE. NO LOCKOUT During the term of this AGREEMENT the Union agrees that there shall be no "Strike" and the Employer agrees that there shall be no "Lockout". The words "Strike" and "Lockout" in this AGREEMENT shall mean "Strike" and "Lockout" as defined in the Ontario Labour Relations Act. Page4 ARTICLE 7 - HOURS OF WORK AND OVERTIME 7 .1 Standard work week for all employees shall be fifty (50) hours Monday to Saturday.
10 Time and one half shall be paid for all hours worked over fifty (50) hours. It is understood that employees will take one-half hour for lunch without pay during the working period between the fourth and sixth hours worked. The lunch period may be changed my mutual consent of the parties involved. Time and one-half shall be paid for any work performed on Sunday. 7 .4 Straight time rates shall be paid for all snow removal, salting and sanding. It is further agreed that the overtime provisions shall not apply to salt, sanding and snow removal. 7 .6 Winter workers will be called back first by seniority and then the rest will be called back by seniority.