SMITHS CONSTRUCTION EMPLOYEE ASSOCIATION AGREEMENT FOR 2020, 2021 - ARTICLE 1 - Ontario.ca
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SMITHS CONSTRUCTION EMPLOYEE
ASSOCIATION
AGREEMENT FOR 2020, 2021
ARTICLE 1
Smiths Construction Employee Association I Agreement 2020-2021This document represents a Collective Agreement between the Smiths Construction Employees
Association and the Company known as Smiths Construction, a division of Miller Paving
Limited, of Arnprior, in the Province of Ontario.
ARTICLE2
We, the Bargaining Committee of Smiths Construction Employees Association for this purpose
and upon Certification by the Ministry of Labour on March 10, 1995, is so recognized as the sole
bargaining agent for all employees in the Province of Ontario for Smiths Construction, a division
of Miller Paving Limited, of Arnprior, Ontario, for the purpose of a Collective Agreement, save
and except non-working Forepersons and those above the rank of non-working Forepersons and
persons covered by an existing Collective Agreement and any Employee or whom any Trade
Union holds the Bargaining rights.
ARTICLE 3: GRIEVANCES
(1) Between Employee and Employer, Employer and Grievance Committee and between
Grievance Committee and Employee.
(2) All grievances between the above mentioned shall be filed in writing within thirty (30)
working days of the event and shall be reviewed with the Grievance Committee and
Employer within twenty (20) working days thereafter.
(3) All employees shall submit such grievances with their elected member of the Grievance
Committee.
(4) Failure to comply with all or any of the above will result in the grievance being deemed as
void.
ARTICLE 4: PUBLIC HOLIDAY PAY
(1) Public Holiday pay shall be paid in accordance with the Employment Standards Act (ESA).
The amount of public holiday pay to which an employee is entitled is all of the regular wages
earned by the employee in the four work weeks before the work week with the public holiday
plus all of the vacation pay payable to the employee with respect to the four work weeks
before the work week with the public holiday, divided by 20.
Smiths Construction Employee Association I Agreement 2020-2021(2) Ontario has nine (9) public holidays, Smiths Construction employees are entitled to public
holiday pay for the Civic Holiday in August. Public holidays for the purpose of this
agreement include; New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day,
Civic Holiday (August), Labour Day, Thanksgiving Day, Christmas Day, Boxing Day.
ARTICLE 5: VACATION PAY
(1) Shall be paid to all employees from starting date to five (5) years of service at a rate of four
(4%) percent of gross earnings.
(2) Shall be paid to all employees with five (5) years of service at a rate of seven (6%) percent of
gross earnings.
(3) Shall be paid to all employees with six (6) to fifteen ( 15) years of service at a rate of seven (7%)
percent of gross earnings.
(4) Shall be paid to all employees with sixteen (16) years to twenty (20) years of service at a rate
of eight point five (8.5%) percent of gross earnings.
( 5) Shall be paid to all employees with twenty-one (21) years to twenty-five (25) of service at a
rate of nine (9%) percent of gross earnings.
(6) Shall be paid to all employees with twenty-six (26) or more years of service at a rate of ten
( 10%) percent of gross earnings.
ARTICLE 6: STANDBY TIME
( 1) An Employee shall be paid a minimum of four (4) hours pay at the applicable rate or for each
time he/she is actually required or asked by the employer, whichever is greater, plus travel
time or board allowance if applicable.
ARTICLE 7: CALLED OUT TIME
(1) An Employee shall be entitled to a minimum of four (4) hours pay at the applicable rate or
for the time the Employee is actually required or asked by the employer, whichever is
greater, plus travel time if applicable. Snow removal is excluded.
Smiths Construction Employee Association I Agreement 2020-2021ARTICLE 8: WAGES
(1) Effective April1, 2020, all employees shall receive a pay increase of two point three percent
(2.3%) of their hourly rate.
(2) Effective April 1, 2021, all employees shall receive a pay increase of two point three percent
(2.3%) of their hourly rate.
(3) Any employee who is required to travel more than 160 km one way to work to get to a job
site shall be paid their hourly rate one way (from either the employees designated head
office, or the departure location, whichever is shorter).
(4) Should an employee be working away from home and is required to work on a Saturday, but
not on a Sunday, the employee shall receive 4 hours regular pay for Sunday.
(5) Should an employee be working away from home and is not required to work on a Saturday
or a Sunday, the employer shall shut all operations down on Friday to allow the employee
sufficient travel time to travel to his or her residence. This will be reviewed on the job-by-job
basis.
(6) The purpose of Night Shift is to recognize that work performed on a regular basis on a shift
other than a day shift or afternoon shift may cause disruption to the normal living pattern of
employees.
a. The Night Shift Premium applies to Smiths Construction Summer seasonal
Construction employees and is applicable during the spring, summer and fall
construction season. The premium is not applicable to winter works operations.
b. The Night Shift Premium for employees who regularly work on a Night Shift shall be
one dollar and twenty-five cents ($1.25) per hour worked on that shift.
c. "Night Shift" means a scheduled nightshift wherein the employee is expected to sleep
throughout the day and work during the night.
(7) After the probation period being one season or six (6) months, whichever one occurs first, all
equipment operators shall receive an operator's wage.
ARTICLE 9: ROOM AND BOARD ALLOWANCE
(1) In regards to room and board allowances, it is understood that if Smiths requires an employee
to be out-of-town overnight, the rate of Room and Board Allowance shall be eighty dollars
($80.00) per day if the employee chooses to arrange for his or her own accommodations for
the duration of this Collective Agreement.
Smiths Construction Employee Association I Agreement 2020-2021(2) In regards to room and board allowances, it is understood that if Smiths requires an employee
to be out-of-town overnight and Smiths provides a room for the employee Smith will pay the
employee a board allowance of fifty dollars ($50.00) per day for the duration of this
Collective Agreement.
(3) The radius, in order for an employee to qualify for "shall be seventy (70) kilometers from
either the Amprior head office or the employee's home to the center of the job for the
duration of this Collective Agreement. When travel time combined with working time
constitutes a safety hazard, accommodations and board allowance will be paid by the
Company.
(4) All employees on a mobile operation that have to drive to his or her own vehicle in excess of
seventy (70) kilometers (given no Company vehicle is available) from their residence or the
designated head office and whether or not they qualify for board allowance shall be paid a
rate of fifty-three cents ($0.53) per kilometer both ways, beyond the 70km radius (from either
the employees designated head office, or the departure location, whichever is shorter).
For example, if an employee drives lOOkm one way, they will be paid for 30km one way. If
they drive 200km return, they will be paid for 60km total.
(5) If upon dispute of who qualifies for Board Allowance, the placement of the circle radius shall
then be reviewed and agreed upon by Committee member(s) and Supervisor(s) of the
Contract.
(6) Employees will be paid board allowance when working on a job which is considered to be
outside of the circle radius, with no reference made to where the employee starts or finishes
his/her day.
(7) Employees will be paid c;ontinuously for down time while traveling from one job site to
another at their regular rate of pay.
(8) Any employee who is required to use their own vehicle to go from one job site to another
during working hours shall be paid a rate of fifty-three cents ($0.53) per kilometer.
(9) Employees who are hired locally to work on a job outside of the radius will not be eligible
for the Board Allowance while on that job.
Smiths Construction Employee Association I Agreement 2020-2021ARTICLE 10: TOOL ALLOWANCE
( 1) After one ( 1) year from the date of hire all Shop Mechanical employees will be reimbursed
fifty (50%) percent of the cost of tools purchased up to a maximum payment of Six Hundred
and fifty ($650.00) dollars.
(2) Reimbursement for the cost of tools as set out above shall be paid to the employee once
he/she has provided receipt(s) for same.
(3) This Policy shall be extended to other eligible employees on an individual basis.
(4) It is recommended that employees confirm first that they are eligible for reimbursement prior
to purchasing tools.
(5) Second year technician apprentices shall be eligible to submit receipts they incurred during
their first year apprenticeship with the Company under the clauses above. This is a one-time
reimbursement and both first and second year entitlements may be combined iri year two
only for a max of$1,300.00 only.
ARTICLE 11: TRANSFER OF EMPLOYEES
( 1) Employees shall receive a minimum of forty-eight (48) hours notification period prior to all
transfers. "Transfer(s)" shall mean "on loan or moved to other Miller Groups).
(2) When transfer occurs, all other benefits shall remain constant under this Collective
Agreement.
(3) The forty-eight (48) hour notification period to employees may be waived if agreed upon by
Employee(s) and Supervisor(s).
ARTICLE 12: RE-HIRE/TERMINATION OF EMPLOYEES
(1) All re-hiring of prior employees shall be on a generally considered seniority basis.
(2) All termination of employees shall be on a generally considered seniority basis.
•
Smiths Construction Employee Association I Agreement 2020-2021ARTICLE 13: BOOT ALLOWANCE
( 1) Those employees, with at least two (2) seasons of employment shall be reimbursed up to a
maximum of One Hundred and Fifty ($150.00) dollars per year as a boot allowance. The
employee shall provide a receipt for the purchase of safety boots at which time he/she will be
reimbursed for the same.
(2) Those employees, with at least two (2) seasons of employment may carry their boot
allowance forward to the second year for a maximum of three hundred ($300.00) dollars. The
employee shall provide a receipt for the purchase of the safety boots at which time he/she
will be reimbursed for same.
(3) Safety boots must meet the requirements of the Miller Group Safety Policy to qualify for this
reimbursement.
(4) For the purpose of this Article, "a season" shall be defined as six months of employment.
ARTICLE 14: BEREAVEMENT LEAVE
(1) An employee shall be paid for a maximum ofthree (3) days absence due to a death of a
family member.
(2) An employee shall receive ten (10) hours pay per day for the three (3) days he/she would
have worked.
(3) An employee is only eligible for bereavement leave for working days from the date of death
through to the day after the funeral inclusive.
(4) For the purpose of this Article, "family member" is:
• your spouse (legal or common law)
• you or your spouse's natural grandparent or great grandparent
• you or your spouse's parent including stepmother or stepfather
• you or your spouse's child including natural, stepchild, legally adopted, foster child,
son-in-law or daughter-in-law
• you or your spouse's niece or nephew
• you or your spouse's grandchild or great-grandchild
• You or your spouse's brother-in-law or sister-in-law
Smiths Construction Employee Association I Agreement 2020-2021ARTICLE 15: GROUP BENEFITS
(1) Employees are eligible after 3000 hours of service. Applications are available through the
Human Resources Department.
(2) Premiums will be 60% company paid, 40% employee paid.
(3) The employee's portion of the premium will be deducted weekly over 24 pay-periods. If
for some reason the employee is not employed for 24 pay-periods, it is the employee's
responsibility to continue to pay the monthly premium by cheque (made payable to Miller
Paving Limited) in order to remain covered under the Group Benefit Plan while off.
ARTICLE 16: GROUP PENSION PLAN
(1) Employees are eligible after 4000 hours of service.
(2) The Plan is a defined contribution pension plan where both the employee and Miller
contribute to a pension fund administered by Canada Life. Employee contributions are
fully tax deductible. The Miller contribution does not have any immediate tax effect but
must be taken into account when considering any additional RRSP contributions outside of
the plan.
(3) Employees will be required to contribute 5% of your basic earnings. Miller will contribute
5% of your basic earnings, and as such matches your required contributions dollar for dollar.
(4) Employees may also decide to make additional voluntary contributions to the Plan which are
not matched by Miller. Total employee and employer contributions may not exceed the
annual Canada Revenue Agency maximums which are revised from time to time.
(5) Employee tax deductible contributions to the Plan are made conveniently through payroll
deductions. The sum of employee's contributions plus the Miller contributions is remitted to
Great West Life once per month. Your pension contribution or pension account is invested
in your choice of available investment options. Employees are responsible for both the
selection and monitoring of the suitability and performance of their own account.
(6) An application form and information package is available through Human Resources.
ARTICLE 17: PERSCRIPTION SAFETY GLASSES
(1) Those employees with three (3) months of service shall be reimbursed up to a maximum of
One Hundred and Fifty ($150.00) dollars every two years for prescription safety glasses. The
employee shall provide a receipt for the purchase of prescription safety glasses at which time
he/she will be reimbursed for the same.
Smiths Construction Employee Association I Agreement 2020-2021.•
ARTICLE 18: SCOPE
(1) The contents of this Collective Agreement may be changed as agreed upon by both the
Bargaining Committee of Smiths Construction Employees Association and Smiths
Construction, a division of Miller Paving Limited of Arnprior, Ontario. However, the
length of the term may not be changed.
(2) This Collective Agreement shall terminate on April 1, 2022. A new Collective
Agreement shall be in progress by the Bargaining Committee thirty (30) days prior to
April 1, 2022. A new Collective Agreement shall be entered into between the parties
within thirty (30) days after April 1, 2022.
(3) This Collective Agreement has been signed under the pretense that it was drafted to the
best of the parties' knowledge and is within the boundaries set forth by the Ministry of
Labour within the Labour Relations Act.
Per:
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