18.01 If the parties fail to settle the grievance at Step 2 of the Grievance Procedure, the grievance may be referred to arbitration under the following procedure.
18.02 The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the Grievance Procedure.
18.03 If a notice of desire to arbitrate is served, the two (2) parties shall each nominate an arbitrator within seven (7) days of
16
service and notify the other party of the name and address of its nominee. The two (2) arbitrators so appointed shall attempt to select, by agreement, a Chairman. If they are unable to agree upon a Chairman within seven (7) days of their appointment, either party may request the Minister of Labour to appoint an impartial Chairman.
18.04 No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance.
18.05 The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairman of the Arbitration Board governs.
18.06 Notices of desire to arbitrate and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of receipt shall be deemed to be the date of service.
18.07 If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an arbitrator in accordance with Article 18.03 the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties.
18.08 It is agreed that the Arbitration Board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Articles 17 and 18 where it appears that the default was owing to a reliance upon words or conduct of the other party.
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18.09 An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay calculated at day rate or average earnings, as applicable, times normal hours, less any monies earned, or by another arrangement which is just and equitable in the opinion of the Arbitration Board.
18.10 Where the Arbitration Board is of the opinion that there is proper cause for disciplining an employee, but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the Arbitration Board may substitute a penalty which is, in its opinion, just and equitable.
18.11 Each of the parties hereto will bear the expenses of the arbitrator appointed by it and the parties will jointly bear the expense of the Chairman of the Arbitration Board.
18.12 Time limits set out in Articles 17 and 18 may be extended by mutual consent.
18 ARTICLE 19 - DURATION
19.01 This Agreement shall be effective on the first (1st) day of April, two thousand and twenty one (2021) and shall remain in effect until the thirty first (31st) day of March, two thousand and twenty four (2024) and for further periods of one (1) year, unless notice shall be given, by either party, of the desire to amend, change or delete any of the provisions contained herein, within the period of ninety (90) days prior to the renewal date. Should neither of the parties give such notice, this agreement shall renew for a period of one (1) year and the hourly pay rates, all plan contributions and all premiums will be adjusted according to the provincial Consumer Price Index (CPI) change. This will be calculated annually, using the provincial average CPI changes over the twelve (12) month period ending with the month that the collective agreement expires.
DATED at ______________ , ON, this _____day of _________, 20___
Signed on behalf of
M.W. COATING SYSTEMS LTD.
Per _____________________ Per _____________________
Signed on behalf of
CONSTRUCTION WORKERS UNION, CLAC LOCAL 6
Per _____________________ Per _____________________
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SCHEDULE “A”
CLASSIFICATIONS AND RATES OF PAY Hourly worker to the classification of foreperson.
Apprentices
The apprenticeship rate for newly hired employees with no painting experience will be as follows:
• No Health Fund or Pension contributions will be made during the first 160 hours of employment. Thereafter, the Health Fund and Pension contributions as outlined above shall apply.
• The Employer reserves the right to credit a new employee with hours earned in previous employment. Upon completion of 5000 hours, the employee will receive the Painter rate.
• The apprenticeship wage grid will be as follows:
20 Apprenticeship Hours
with Employer
Percentage of Painter Hourly Wage Rate
0 – 499 60%
500 – 999 70%
1000 – 1499 75%
1500 – 2499 80%
2500 – 3499 85%
3500 – 4499 90%
4500 – 5000 95%
Students and Apprentices
Notwithstanding the apprentice wage grid above, the Employer shall pay students and apprentices no less than the applicable and current amount as set out in the Employment Standards Act.
Labourers
Labourers may only be used strictly for labouring work (e.g. carrying material). All painting and sandblasting work will be carried out by Forepersons or Apprentices. A labourer may be paid at eighty percent (80%) of the Painter Rate.
Retroactivity
As per the signed agreement, all monies owed will be retroactive back to the date of April 1, 2021. Retroactive payment will be made within 60 days of ratification.
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SCHEDULE “B”
Robert Wilson Painting Ltd.
McElroy Painting Services
NOTE: Companies were dormant at the time this Collective Agreement was signed.
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LETTER OF AGREEMENT Between
M.W. COATING SYSTEMS LTD.
and
CONSTRUCTION WORKERS UNION, CLAC LOCAL 6 RESIDENTIAL WAGE RATE
Whereas the parties to the Agreement desire to secure long term employment, especially through seasonal slow periods, and
Whereas there is a recognition of the competitive nature of residential painting work,
Now therefore the parties agree to the following regarding residential work and the Residential Wage Rate:
Residential work shall be defined for the purposes of this Letter as work performed within a residential property, and the painting of a single-family dwelling unit. This could be interpreted as a single unit within a multi-unit complex (apartment complex, condo).
The parties agree that this Letter will expire with the renewal Collective Agreement.
23 Residential Wage Rate:
Residential
Wage Rate Hourly Rate Vac Pay Health
Fund Pension E&A Fund Effective
April 1 of each year
80% of Painter rate in Schedule “A”
10% of hourly
rate
1.80
10% of hourly
rate
0.15
DATED at ______________ , ON, this _____day of _________, 20___
Signed on behalf of
M.W. COATING SYSTEMS LTD.
Per _____________________ Per _____________________
Signed on behalf of
CONSTRUCTION WORKERS UNION, CLAC LOCAL 6
Per _____________________ Per _____________________
clac.ca/myCLAC
GRIMSBY MEMBER CENTRE 89 South Service Rd
PO Box 219
Grimsby, ON L3M 4G3 T: 905-945-1500 TF: 800-463-2522 F: 905-945-7200 [email protected]
CLAC RETIREMENT 1-800-210-0200 CLAC BENEFITS 1-800-463-2522
CLAC TRAINING 1-877-701-2522 CLAC JOBS
1-877-701-2522