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HOURS OF WORK
ARTICLE 4
4.1 No guarantee, except as otherwise specified in this Agreement.
4.2 Eight (8) hours shall constitute a day shift; said regularly assigned hours to be from 8:00 A.M. to 4:30 P.M. with one-half hour lunch period without pay. The starting time and quitting time may be advanced by not more than one (1) hour by agreement between the Business Agent and the Employer. Such agreement shall not be unreasonably withheld.
4.3 When a shift outside the normal working hours is worked, except if varied as in 4.2 above, payment shall he on the basis of eight (8) hours pay for seven (7) hours worked.
4.4 When shifts are worked, other than Saturdays, Sundays and recognized holidays, the day shift shall be as in Clause 4.2 above. An afternoon shift shall consist of seven (7) hours for eight (8) hours pay or proportionate part thereof, to be worked between 4:00 P.M. and 12:00 midnight with one-half hour for lunch without pay taken near the midpoint of the shift. A night shift shall consist of seven (7) hours for eight (8) hours pay or proportionate part thereof, to be worked between 12:00 midnight and 7:30 A.M. with one-half hour for lunch without pay taken near the midpoint of the shift.
4.5 Employees will not be required to work less than the regular assigned hours because of the starting or quitting time of any other trade.
4.6 When multiple shifts are worked on Saturdays, Sundays and recognized Holidays, an additional premium of one (1) hour at straight time will be paid for the afternoon and night shifts. If a full afternoon or night shift is not worked, the one hour premium will be paid.
4.7 Double time shall commence at 12:01 A.M. for all shift work performed on Saturdays, Sundays, and recognized Holidays specified in this Agreement and shall end at 12:01A.M. on the following day.
4.8 Not more than one shift shall be allowed on a job of less than five (5) days duration, except in emergencies or special cases requested by the customer and the Local Union shall be so notified.
4.9 Employees shall be at their posts prepared to work at their regular starting time provided that the shed or room for the employees to change their clothes is adjacent to or within a reasonable distance from their work.
When that post is on a structure rising more than 200 ft. above grade where the employees are required to walk or use a personnel hoist to reach their posts, a job condition allowance of $6.00 per day will be paid to all employees of the Employer on the job site commencing with the day the structure is erected for the first horizontal level above two hundred (200) feet, subject to the conditions listed bellow. If the structure rises above the 400 ft. level above grade a job condition allowance of $7.00 per day will be paid to all employees of the Employer on the job site commencing with the day the structure is erected for the first horizontal level above four hundred (400) feet, subject to the conditions listed below. If the structure rises above the eight Hundred (800) foot level above grade a job condition allowance of $8.00 per day will be paid to each employee working above that level up to the one thousand (1000) foot level, subject to the conditions listed below. If the structure rises above the one thousand (1000) foot level. above grade a job condition allowance of$l0.00 per day will be paid to each employee working above that level up to the fifteen hundred (1500) foot level, subject to the conditions listed below.
The parties agree that on any structure requiring employees to work above the fifteen hundred (1500) foot level a pre-tender meeting will be held to determine the job condition allowance applicable to such a structure.
No job condition allowance will be paid during the erection of structures from foundations to the 200 ft. level above grade, excepting those employees working on the concrete core above the 200 ft. level.
An employee not at his work post at the starting time of any shift or half shift, or not at his work post at the quitting time of any shift or half shift will forfeit one half of the applicable daily job condition allowance.
No job condition allowance will be paid after the structure has been topped off unless work is performed above the 200 ft. level.
No job condition allowance will be paid to employees who do not report for work. One half of the job condition allowance will be paid to employees for days on which no work is performed and they receive only two hours reporting pay.
Should the work day be shortened due to inclement weather after commencement of work, the following conditions apply;
(a) One half of the applicable daily job condition allowance will be paid to each employee who commences work, but does not work after the lunch period.
(b) Full applicable job condition allowance will be paid to each employee who works before the lunch period and continues to work after the lunch period.
4.10 On Industrial Plant Projects or Construction Site Projects, the Employer and the Local Union will negotiate an arrangement to transport or compensate employees where excessive walking time is involved.
OVERTIME AND HOLIDAYS
ARTICLE 5
5.1 An Employer may require employees to perform work in excess of their regularly assigned hours. All time worked by an employee before and after his regular shift on Monday to Friday inclusive, except as provided in Article 4 and all hours worked on Saturday and Sunday shall be paid for at the rate of double time. Double time shall continue for all hours worked until the employee has had eight (8) consecutive hours off.
5.2 All time worked on the following Holidays shall be paid for at the rate of double time:
NEW YEAR’S DAY, HERITAGE DAY (if and when proclaimed), GOOD FRIDAY, VICTORIA DAY, DOMINION DAY, CIVIC HOLIDAY (1st Monday in August), LABOUR DAY, THANKSGIVING DAY, BOXING DAY and CHRISTMAS DAY
Should any of the above holidays occur on a Saturday or Sunday, such holiday shall be observed on the Monday or Tuesday following; unless changed by mutual agreement between the Employer and the Local Union Business Manager. No work shall be performed on Labour Day except to save life or property.
5.3 In Locals 700, 721, 736, 765 and 786 where an employee is continually employed for more than two (2) hours beyond the normal quitting time of his shift, and has not been notified the day previous, he shall be provided with a lunch and allowed time to consume same without loss of pay. Where an employee has been notified the day previous, no lunch will be provided but employees will be allowed time to eat without loss of pay. In Local 759 when an employee is continually employed for more than two hours beyond the normal quitting time of his shift, he shall be allowed thirty (30) minutes to obtain a meal without loss of pay, provided, however that should the employer provide a meal free of charge, then a maximum of fifteen (15) minutes will be allowed to consume the same. Where possible a hot meal will be provided (TV dinners are not acceptable).
5.4 Overtime shall be assigned as impartially as possible amongst all members on the job, subject to their ability to perform the work required.
LAY-OFF DISCHARGE AND QUITTING OF EMPLOYEES
ARTICLE 6
6.1 No employee shall be laid off during the first four (4) hours of his shift.
6.2 When an employee is laid off, where the Employer has a pay office within forty kilometers of the job site, he shall be paid off in full on the job at the time of lay-off, and at the same time shall receive his Record of Employment Certificate and Vacation Pay. Where the job is within the territorial jurisdiction of Local 759 such payment and provision of documents shall be within four working hours of the day of lay off, or in the case of out of town projects within four hours of reporting, personally if possible, to the Company’s office provided however that in the case of employees working on shut down projects such period shall be extended by one regular working day after termination of employment. Should an Employer fail to comply with these provisions and the Employee has to return later for his wages and/or forms, he shall be paid waiting time at straight time rates applicable to the regular working hours.
6.3 Where an Employer has no pay office within forty kilometers of the job site, in order to pay off the employees as above, then said Employer shall send such wages in full, together with the Record of Employment Certificate & Vacation Pay to the employee’s last known address by Priority Post within twenty-four (24) hours (one working day), of the time of the employee’s termination. Where the job is within the territorial jurisdiction of Local 759 and there is no such pay office or if the pay office is outside of the territorial jurisdiction of Local 759 such action shall be taken within two working days, provided however that in the case of employees working on shut down projects such period shall be extended by one regular working day after termination of employment. Should an Employer fail to send such wages and/or forms as above within the prescribed twenty-four (24) hour period then said employee shall be paid any waiting time in excess of the said twenty-four (24) hour period at straight time rates of pay applicable to the regular working hours.
If the Employer has not mailed (Priority Post) the required wages and Forms stipulated above, a grievance must be initiated within five (5) working days, otherwise the Employer will not be required to pay waiting time beyond three (3) days.
6.4 When an employee quits of his own accord he must give notice to the Employer and must obtain a copy of his referral slip which will indicate he has quit, before the Union can issue another referral to him provided the Employer retains and completes the termination slip, and he shall wait until the regular pay day for his wages, Record of Employment Certificate and Vacation Pay. If it becomes necessary for the employee to wait beyond the regular pay day, following the giving of such notice for his wages and/or forms because said forms, pay, etc., are not ready, then he shall be paid waiting time at straight time rates applicable to regular working hours. When mailing the above the Employer shall use Priority Post.
Except in extenuating circumstances an employee shall be deemed to have quit if he does not report for work for two full working days without contacting the Employer within such period giving a reasonable explanation for his absence.
6.5 When an employee is discharged he shall receive his Wages, Record of Employment Certificate and Vacation Pay in accordance with the terms of Article 6.3 above.
6.6 Employees will be given sufficient time during working hours in order to return an Employer’s tools and equipment to the tool crib or stores when being laid off.
6.7(a) On termination, the employee shall receive a termination slip if supplied by the Local Union at the time of hiring, stating the reasons for termination and signed by an authority of the Employer. The termination slip should be kept at the job site.
(b) Where Ironworkers are laid off or discharged from jobs where they are accommodated in a camp they will be paid one hour at straight time rates in which to pick up personal gear.
6.8 On termination, the Employer’s representative on the job site will indicate on the termination slip the number of hours to which the employee is entitled for the week during which the termination takes place.
PAYDAY
ARTICLE 7
7.1(a) The regular pay day shall be once a week, not later than Thursday of each week. Wages shall be paid on the job site before quitting time, in cash or by cheque payable at par in the locality of the job site and the Employer shall arrange that the pay cheque will be honoured at a local bank. Should the employee cease to work on Thursday before the normal quitting time due to inclement weather, he shall be paid at such quitting time provided the cheques are available. Any employee required to wait for his pay shall be paid waiting time at straight time rates not to exceed eight (8) hours in any day for each regular working hour he is required to wait. However, no payment will be made for waiting time on Thursday or Friday, if the pays are delivered to the site before quitting time on Friday, instead of Thursday, for the following reasons only;
1. Employees have left the job site before quitting time on Thursday due to inclement weather.
2. Pay cheques cannot be delivered on Thursday, due to extreme emergency.
3. A double holiday occurs.
b) In the event that an Employer has issued cheques which are returned for lack of sufficient funds in payment of wages to employees covered by this Agreement, the Union shall have the option of notifying that Employer that henceforth all employees so covered shall be paid in cash or by certified cheque. Failure to comply with this request shall constitute a violation of this Agreement.
When an Employer issues a N.S.F. Payroll Cheque, the bank charges for processing such cheque shall be borne by the issuing Employer.
(c) On short term jobs that span two pay periods, two separate cheques will be issued by the Employer. On Shut-Down work an Employer shall have an additional twenty-four (24) hours to comply with the provisions of Articles 6.2 and 6.3 in Local Unions 700,721,736,765 and 786.
7.2 Employers may withhold where necessary, a reasonable amount of wages due to enable them to prepare the payroll. (Not more than one week).
7.3 Accompanying each payment of wages shall be a statement identifying both the Employer and the employee, showing the total earnings, vacation pay, the amount of each deduction, the purpose thereof, and the net earnings. In addition each Employer will submit a copy of the monthly Welfare and Pension Report to the Local Union Business Manager.
7.4 Arrangements shall be made for new employees hired for out-of-town projects to secure an advance at the job site, not exceeding the necessary Board Allowance for the first week of employment. Allowance not to exceed wages owing.
7.5 On the request of employees on out of town projects in Local 759 the employer will arrange for the cashing of employee pay cheques during working hours.
REPORTING TIME ALLOWANCE
ARTICLE 8
8.1 When an employee employed on a job or project reports as usual for work, but is unable to commence work because of circumstances beyond his control, he shall be given two (2) hours pay plus Traveling allowance and/or Board Allowance as applicable, for reporting on the job, provided however, that the employee remains on the job during the two hour period and performs any work requested which, in the opinion or judgment of his Foreman, after conferring with the Job Steward, can be
accomplished. If reporting time occurs during Saturdays, Sundays, Holidays or overtime hours, then the overtime rates shall apply.
8.2 The above regulation will also apply to employees who are ordered to report to the Employer’s Shop or Yard.
8.3 If the employee is requested by the Employer’s Representative on the job site to wait on the site, he shall be paid his regular rate for such waiting time.
VACATION AND HOLIDAY PAY
ARTICLE 9
9.1 Vacation regulations shall be in accordance with the regulations for the Construction Industry as outlined in the Employment Standards Act of the Province of Ontario, 1968, and all amendments, thereto.
9.2 Vacation and Holiday Pay shall be calculated at 10% total earnings. The Employer agrees to record Tax and Pay, Vacation and Holiday Pay on weekly pay cheques.
9.3 The Union and the Employer agree that the 10% of total earnings mentioned in Section 9.2 shall include 6% for Vacation Pay and 4% in lieu of Holidays as defined in (5.2).
9.4 Should any Legislation change the ratios in 9.3 the total shall not exceed 10%.
BENEFITS AND PENSION
ARTICLE 10
10.1 Effective May 1, 1995 the Employer will pay, in all Local Unions, One Dollar and Ninety cents ($1.90) per hour for each hour earned by each Employee covered by this Agreement to the Ironworkers Central Welfare Fund as established by a Trust Agreement dated October 12, 1962 and as subsequently amended. Three Dollars and Eighty cents ($3.80) will be paid for all overtime hours.
10.2 Effective July 2 7th, 1998 the Employer will pay to the Ironworkers Ontario Pension Fund, as established by a Trust Document dated June 9, 1966 and as subsequently amended the following amounts for each hour earned by employees in each of the six Local Unions. - Four dollars and sixty five cents. ($4.65) NOTE: Changes to this amount during the term of the Agreement may be made by the agreement of the parties. Double this amount will be paid for all overtime hours.
10.3 Contributions including NIL reports, shall be postmarked by the 15th day of the month following the month in which the hours were earned. At no time will the Welfare and Pension Contributions be paid directly to the Employee.
If an Employer does not submit the Contributions for Welfare and Pension as set out above, an interest charge of 15% per annum will be charged for any unpaid amount of Contributions. Such interest charge to be calculated from the due date of the Contributions and continuing until the indebtedness is satisfied. Should the Trustees be required to take legal or other action to obtain the contributions and/or interest due, the Employer shall reimburse the Trustees for any expense incurred by them in connection with such actions.
10.4 An Employer, being a signatory to this Agreement, hereby covenants and agrees to be bound by all the terms of the trust agreements governing the Ironworkers Central Welfare Fund as established by a trust agreement dated October12, 1962 and all amendments thereto and the Ironworkers Ontario Pension Fund as established by a trust agreement dated June 9, 1966 and all amendments thereto. In accordance with the Memorandum of Agreement and Declaration of Trust of the Ironworkers Ontario Pension Fund, Clause 27(b), and the Ironworkers Central Welfare Fund, Clause 28(b), "the Trustees may, by twenty-four (24) hours notice in writing, require any Employer to produce his payroll records and books of account, so that they may ascertain whether or not contributions have been made in accordance with any Collective Agreement, any Agreement between him and the Trustees, or this Memorandum: upon his failure or refusal to do so, the Trustees may institute legal action for an accounting and the contributing Employer shall be deemed to consent to an Order and/or Judgment going against him forthwith for such accounting and to the issuance of a Mandatory Injunction requiring him to make such accounting and such production of his payroll records and books of account forthwith". It is understood and agreed that the trust agreements described above are not subject to negotiation or the grievance procedure.
10.5 It will not be a violation of this Agreement if the supply of labour is withheld due to non-payment of Welfare and/or Pension contributions by an employer.
10.6 Participating Local Unions in the Welfare and Pension Plans on the date of signing shall continue as participants for the duration of this Agreement.
10.7 The trustees of the employee benefit plans referred to in this collective agreement shall promptly notify the Union of the failure by any Employer to pay any employee benefit contribution required to be made under this collective agreement and which are owed under the said plans so the Program Administrator of the Employee Wage Protection Program may deem that there has been an assignment of compensation under the said Program in compliance with the Regulation to the Employment Standards Amendment Act. 1991 in relation to the Employee Wage Protection Program.
From COLLECTIVE AGREEMENT May 1, 2001 to April 2004
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