Joint Recommendation and Letter of Understanding regarding Safety Training

JOINT RECOMMENDATION
Pursuant to Article 1.4 of the Collective agreement between the Ontario Sheet Metal Contractors Association and the Sheet Metal Workers’ International Association and Ontario Sheet Metal Workers’ Conference, effective May 1, 2016 until April 30, 2019, we the undersigned representatives of the Sheet Metal Workers’ International Association (“Local 30”) and the Toronto Sheet Metal Contractors Association (“Local Association”) request approval for the following amendments to the Collective Agreement to be effective December 15, 2016.

Appendix “K”

CLAUSE 15 – WAGES

Add the following to Clause 15:

15.5 Work Ready Allowance

Paid on hours worked to all classifications as set out in the applicable schedule of Monetary Conditions. Work Ready Allowance does not attract vacation pay.

For the purposes of determining higher gross wages or total package rates as it relates to Article 28 only, work ready allowance shall be considered part of the gross wage/total package rate.

CLAUSE 18 – TRUST FUNDS

Add the following to Clause 18:

18.14 Each employer shall contribute monthly to the Work Ready Safety Training Fund the amount set out in the applicable Wage Schedules for each hour worked by each employee. Clauses 18.5 & 18.6 are not applicable to this fund.

WAGE SCHEDULE

Amend the Wage Schedule to include the following:

Note: A Work Ready Safety Training Fund shall be established. Employers shall contribute $0.17 per hour worked to the Fund effective January 1, 2017.

Amend the Wage Schedule to include the following directly after the reference to Transportation Allowance:

Work Ready Allowance: $0.13 per hour worked effective May 1, 2017.

Appendix “A”

CLAUSE 15 – WAGES

Add the following to Clause 15:

15.6 TORONTO AREA:

Work Ready Allowance

Paid on hours worked to all classifications as set out in the applicable schedule of Monetary Conditions. Work Ready Allowance does not attract vacation pay.

For the purposes of determining higher gross wages or total package rates as it relates to Article 28 only, work ready allowance shall be considered part of the gross wage/total package rate.

WAGE SCHEDULE

Amend the Toronto Area Wage Schedule to include the following:

Note: A Work Ready Safety Training Fund shall be established. Employers shall contribute $0.17 per hour worked to the Fund effective January 1, 2017.

Amend the Toronto Area Wage Schedule to include the following directly after the reference to Transportation Allowance:

Work Ready Allowance: $0.13 per hour worked effective May 1, 2017.

Dated at Toronto this 4 day of November 2016.

For the Local Association For the Local Union
Darryl Stewart Arthur E. White
________________________ _________________________
Darryl Stewart Arthur E. White
________________________ _________________________
Please print name Please print name

For OSMCA For OSMWRC

Darryl Stewart Arthur E. White
_________________________ _________________________
_________________________ _________________________
Darryl Stewart Tim Fenton
LETTER OF UNDERSTANDING
BETWEEN:

TORONTO SHEET METAL CONTRACTORS ASSOCIATION
(“Local Association”)
– and –

SHEET METAL WORKERS’ INTERNATIONAL ASSOCIATION, LOCAL 30
(“Local Union”)

Work Ready Safety Training
WHEREAS, the Local Association and the Local Union agree that employers are obligated under the Collective Agreement to provide proper safety training to all employees;

AND WHEREAS, Local Association and the Local Union agree that it would be advantageous for certain safety training to be delivered through the Local Union with funding from employers;

NOW THEREFORE, the Local Association and the Local Union agree, with each other, as follows:

1. It is agreed that the Local Union and the Local Association shall form a joint committee of equal members of the Local Union and the Local Association called the Work Ready Safety Training Committee (“Committee”) to promote and ensure the safety of the workforce falling under Appendices “K and “A” in its geographical region. The Committee shall have the authority to establish rules with respect to the administration of safety training under this Letter of Understanding, provided that such rules are reasonable and do not conflict with the terms of the collective agreement. Decisions of the Committee shall be by majority vote and representatives of the Local Union and the Local Association shall be entitled to cast votes to a total of the number of representatives each have on the Committee.
2. Employers shall contribute monthly to the Work Ready Safety Training Fund (“WRSTF”) the amount set out in the applicable wage schedules for each hour worked by employees. These contributions shall be remitted in the same manner as other local funds per Clause 18 of Appendix “K” of the Collective Agreement. These contributions shall not be considered part of the employees’ wage package, and the Local Association shall bear the costs of collecting the contributions. Upon receipt, the contributions shall be immediately deposited into a separate joint bank account which shall be established for all receipts and disbursements from the WRSTF. All disbursements shall require the signature of one Local Union member and one Local Association member of the Committee as appointed by majority vote of the Committee.

3. The rate of contributions to the WRSTF may be changed upon approval of the Local Union and the Local Association, but at all times the rate of contributions shall be sufficient to cover the costs, at a minimum, of the training and training administration of all safety programs defined by the Committee as inclusive of Work Ready Safety Training. It is understood that it shall be a condition of the provision of Work Ready Safety Training under this Letter of Understanding that both the rate of contributions be sufficient to cover these costs, and that regular disbursements from the WRSTF be maintained to cover the costs of the training and training administration on an ongoing basis. Further, in the event that the Local Union substantiates that the rate of contributions is insufficient to cover the costs of the training and training administration, or that regular disbursements from the WRSTF are not being maintained to cover these costs on an ongoing basis, if the Local Union substantiates that either deficiency is not corrected within 6 months from the giving of written notice to the Local Association of such deficiency, then the Local Union shall have the option of terminating this Letter of Understanding, in which case the same consequences that flow from a termination at the option of the Local Association, as set out in paragraph 10 below, shall apply. Training shall begin under this Letter of Understanding when sufficient funds have been disbursed from the WRSTF to deliver the training. The costs for the training and training administration of the Work Ready Safety Training shall be reasonable and fully accounted for. The Committee shall meet at minimum every 2 months. At these meetings, the Committee shall receive from the Local Union; training schedule updates, summary of membership training status, an accounting of the training provided and administration fees. The Committee shall also receive reporting of deposits to and disbursements from the fund.

4. All active Local Union members shall be required to attend all safety training that is mandated by the Committee. Members shall attend training as scheduled by the Committee on their own time and with no additional cost to contributing employers (beyond the Work Ready Allowance). The Local Union shall provide and maintain a training schedule for review and approval of the Committee. The Committee shall make sufficient provision to give members the opportunity to attend the required safety training, and employers shall cooperate with any training schedules set by the Committee. The Committee shall not schedule training of employed members during regular work days when feasible.

5. The safety training covered by this Letter of Understanding consists of Working at Heights, Awareness in 4 Steps, and WHMIS. A member shall be considered “work ready” in regard to this Work Ready Safety Training if that member has completed the required training and has the necessary documentation to be permitted to start work without delay (note: site-specific safety training is not included and will be provided by the employer).

6. Future government-mandated safety training will be considered by the Committee. In the event that new safety legislation requires a worker to have non-site specific safety training prior to entering a site, the Committee will review the requirements and implement the government-mandated safety training standard in a timely manner, provided that sufficient funds can be allocated to cover the costs of this additional training. The Committee may also consider delivery of additional safety training programs not mandated to be inclusive of Work Ready Safety Training provided that sufficient funds can be allocated to cover the costs of the training. It is agreed that the provision of any safety training under this Letter of Understanding that goes beyond that specifically set out in paragraph 5 above may require a proportionate increase to the Work Ready Allowance.

7. The Local Union will facilitate and coordinate the required applicable safety training to achieve “work ready” status for its members on an ongoing basis. The Committee, after review of the training schedule, will establish a compliance date after which an employer is not required to accept the referral of a member who has not achieved “work ready” status.

8. For clarity, it is understood that the terms of this Letter of Understanding in no way diminish or affect the obligation of employers to provide safety training to employees pursuant to the Collective Agreement and/or the applicable legislation.

9. Any disputes relating to this Letter of Understanding may be referred to the Local Joint Conference Board for resolution.

10. The accepted standard and cost of training programs shall be comparable to that provided through the Infrastructure Health and Safety Association (IHSA). Alternative training providers such as the Workers’ Health and Safety Centre will be deemed acceptable provided that the training is of equal or greater standard and the cost is comparable to the IHSA program. In the event that the Local Association substantiates that the delivery of Work Ready Safety Training is deficient in the execution and quality of the training, or record keeping, or if the costs of the training and training administration are excessive, then the Local Association shall provide the Local Union with at least six-months’ written notice of any deficiencies. If the Local Association substantiates that those deficiencies have not been corrected during the six-month period of notice, then the Local Association has the option to terminate this Letter of Understanding, in which case the Local Union’s obligation to provide Worker Ready Safety Training will cease and all outstanding costs for training and training administration shall be paid from the WRSTF and any residual funds will be paid to the Local Association. In addition, the employer’s obligation to pay the Work Ready Allowance and the Work Ready Safety Training Fund amount shall cease and all references to Work Ready Allowance and the Work Ready Safety Training Fund amount in the collective agreement shall cease to operate.

11. Notwithstanding anything to the contrary in this Letter of Understanding, it is understood and agreed that the Local Union shall not be required to provide any Work Ready Safety Training to any members until after the government’s compliance date for the Working at Heights standard (currently April 1, 2017). Employers shall continue to be obligated to provide such training to employees employed as of the date of this Letter of Understanding and at any time thereafter until the government’s compliance date, and all employers shall provide to the Local Union written proof that each of their employees has completed such training by that compliance date. Employers shall update the Local Union with any ongoing certifications of completed training until the government’s compliance date. In the event that an employer fails to provide any such training to an employee by the government’s compliance date, then that employer shall continue to be obligated to provide such training to that employee, or former employee, as the case may be, beyond the government’s compliance date until such time as the training is completed.
12. Article 33.4 of the Body of the Collective Agreement and Appendix “K” – Clauses 18.5 & 18.6 are not applicable to the Work Ready Safety Training Fund.

13. The Committee shall meet on April 3, 2017 to review the receipts of the WRSTF with a view to determining if it will recommend that an adjustment be made to the rate of contributions to the WRSTF.

14. This Letter of Understanding shall be effective from December 15, 2016, provided that the Joint Recommendation dated November 4, 2016, is approved by the Ontario Sheet Metal Workers’ Conference and the Ontario Sheet Metal Contractors Association prior to that date.

Dated at Toronto this 4 day of November 2016.

For the Local Association For the Local Union
Darryl Stewart Arthur E. White
________________________ _________________________
Darryl Stewart Arthur E. White
________________________ _________________________
Please print name Please print name