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CST 25-11
city oo Report To Executive Committee 71 PICKERING Report Number: CST 25-11 Date: June 13, 2011 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Fair Wage Policy Recommendation: 1. That Report CST 25-11 of the Director, Corporate Services & Treasurer regarding Fair Wage Policy be received for information; and, 2. That Council adopts Recommendation 1 or 2 of Report CS 30-10 of the Director Corporate Services & Treasurer attached hereto. Executive Summary: In April, 2010, Council received correspondence 29-10 from Terry Dorgan, Business Agent of the International Brotherhood of Electrical Workers (IBEW) Local 894 and representative for Central Ontario Building Trades regarding implementing a Fair Wage Policy. Council passed the following Resolution: "The CORR. 29-10 from Terry Dorgan, Business Agent and representative for Central Ontario Building Trades requesting the City of Pickering review their Fair Wage Policy By-law in order to update their policy to mirror other municipalities such as Oshawa and Clarington be referred to staff for report prior to Council's summer recess." In June 2010, the Director, Corporate Services & Treasurer presented Report CS 28- 10 to the Executive Committee and the following Motion was passed: "That Report CS 28-10 be referred back for further investigation and that staff report back at the July 12 meeting of Council with a Fair Wage Policy." . After initial discussion, it was agreed by all that more time was required and that work on this subject would continue over the summer. At the Joint Planning & Development and Executive Committee meeting of September 7, 2010, the Committee considered Report CS 30-10 regarding a Fair Wage Policy. The Committee passed the following Motion: "That Report CS 30-10 be referred back to staff for further investigation." l Report CST 25-11 June 13, 2011 Subject: Fair Wage Policy Page 2 72 At the Planning & Development and Executive Committee meeting of September 7, 2010, Mr. John Mutton, President of Municipal Solutions appeared as a Delegation on the subject. Mr. Mutton, Mr. Dorgan and Mr. Garth Cochrane, Business Manager of the United Association of Plumbers, Steamfitters and Welders (UA Local 463) also appeared as a delegation at the September 13, 2010 Council meeting. After a question and answer period, Council proposed continuing discussion in the New Year. In early 2011, staff met on several occasions with the proponents of a Fair Wage Policy, namely John Mutton and Terry Dorgan. In addition, the Chief Administrative Officer and the Director, Corporate Services & Treasurer met with a representative. of Independent Project Managers (IPM). Further enquiries were also made of the University of Ontario Institute of Technology, Durham College as was suggested. The University has not adopted such a policy while the college has. Staff continue to be unable to ascertain benefits to the City should such a Policy be adopted. Furthermore, setting a wage schedule may create the possibility of adverse financial effects on pricing tendered or quoted to the City on Industrial, Commercial and Institutional (ICI) projects. In conclusion, there does not appear to be any additional clear and compelling reasons for or against adopting a Fair Wage Policy beyond that already expressed in the aforementioned Report CS 30-10. Therefore, the original Recommendations of Report CS 30-10 as attached are presented for the consideration of Council. Financial Implications: There are no financial implications associated with the first recommendation. However, should the second Recommendation be adopted, staff costs are inherent and any future additional costs will possibly be revealed over time. Sustainability Implications: There are no sustainability implications associated with this report. Background: Over the last months, the Chief Administrative Officer (CAO), the Director, Corporate Services and Treasurer and the Manager, Supply & Services have met with Mr. Mutton and Mr. Dorgan on several occasions to discuss all aspects of a Fair Wage Policy. Continued discussions on this matter took place in January, February and March, 2011 and staff obtained comments from UOIT and Durham College and met with a consultant having experience in fair wage policy projects. The complete discussion of all aspects of the subject may be found in Report CS 30-10 (attached) and Report CS 28-10 and are, therefore, not repeated here. Report CST 25-11 June 13, 2011 Subject: ' Fair Wage Policy Page 3 Developing rates of pay, vacation pay, fringe benefits, weekly hours of work for a multitude of trades and work classifications to set into a fair wage schedule which contractors are required to abide by is a large administrative task. By example, the City of Toronto's fair wage schedule contains approximately 85 work classifications. The City of Hamilton's fair wage schedule contains approximately 150 work classifications and approximately 595 wage rates. For ICI projects, Clarington and Oshawa utilize approximately 40 wage rates based on prevailing market conditions. After consideration of additional information and discussions, staff does not recommend the inclusion of a fair wage policy in its Industrial, Commercial and Institutional (ICI) construction contracts or any other area in which such a policy could be applied. Should Council adopt a Fair Wage Policy, a further report to Council may be required for the purposes of clarification in establishing a Fair Wage Schedule and Policy Procedures. Attachments: .1. Report CS 30-10 Prepare By: Approved/Endorsed By: Vera A. Felge acher Gillis A. Paterson, CMA' Manager, Supply & Services Director, Corporate Services & Treasurer CSCMP, CPPO, CPPB, C.P.M., CMM III Copy: Chief Administrative Officer Recommended for the consideration of Pickering Cit ouncil d",30, Z oil Tony Prevedel, P. Eng. Chief Administrative Officer 1 ATTACHMENT#TO REPORT# ~E --?5- 1► k : 7 4eity o~ Report to Executive Committee I RI Report Number: CS 30-10 203 Date: September 7, 2010 i From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Fair Wage Policy Recommendation: 1. That Report CS 30-10 of the Director; Corporate Services & Treasurer regarding j Fair Wage Policy be received for information; OR 2. That Report CS 30-10 of the Director, Corporate Services & Treasurer be received; and, the Council of the City of Pickering implement a Fair Wage Policy as follows: a) The attached Fair Wage Policy for Industrial, Commercial and Institutional Contracts exceeding $1 million to require that all contractors bidding on contracts for the City provide wages, benefits and hours to their employees in compliance with the City's Fair Wage Policy be adopted; b) The Director, Corporate Services & Treasurer be authorized to establish and implement a Fair Wage Policy process and undertake any required actions; c) That. the appropriate officials of the City of Pickering be given authority to give. effect thereto; d) The Director,. Corporate Services & Treasurer be authorized to approach the appropriate staff of the City of Toronto for compliance investigation and enforcement purposes and execute any necessary arrangements or, . agreements. Executive Summary: At the Executive Committee Meeting held on June 14, 2010, j the Committee passed the following: i "That Report CS 28-10 be referred back for further investigation and that staff Q' report back at the July 12th meeting of Council with a Fair Wage Policy." In the interests of obtaining all relevant information and having discussion with the parties, it was agreed with the Mover that reporting back would occur in September. A copy of Report CS 28-10 is attached. 1 75 Report CS 30-10 September 7, 2010 Subject: Fair Wage Policy Page 2 904 Upon further investigation and careful consideration, staff does not recommend the inclusion of a fair wage policy for its Industrial, Commercial and Institutional (ICI) construction contracts or any other area in which such a policy could be applied. The City is already committed to provide best value to the'taxpayers of the City of Pickering through the provision of open and fair, equitable, accessible and competitive bidding processes, as embedded in the Council approved Purchasing Policy. Mandatory levels of wages to be paid on City contracts would appear to be contrary to these objectives. In staffs opinion, it would appear that adopting such a policy could have the effect of forcing up the costs of City tendered projects. This in turn could have the ultimate effect of adversely affecting the small to medium size businesses bidding on these projects that the City so strongly supports. Finally adopting such a policy, Pickering, due to its geographic location and proximity to Toronto, would be.part of that wage group, most likely the highest in the Province. However, the City of Toronto has not adjusted its fee schedule since 2004 which, in this writer's opinion, says much about the cost, effectiveness and benefits of having such a policy. Generally speaking municipalities have not undertaken a role in mandating the level of wages to be paid to workers for parties bidding on municipal contracts. Unions, the Province and private employee/employer contracts do that across Ontario. Should Council wish to implement such a policy under Recommendation 2, the actual policy is attached. Financial Implications: There are no financial implications associated with the first Recommendation. However, should the second Recommendation be adopted, staff costs are inherent and future additional costs may be revealed. Sustainability Implications: There are no sustainability implications associated with this report. Background: Further Investigation Report CS 28-10 provided some background information for Council. During the discussion at the Council meeting of Jun 24, 2010 several .questions were asked or items raised that were to form part of this report. The following are staffs responses as well as the results of further investigation into this subject. 76 Report CS 30-10 September 7, 2010 Subject: Fair Wage Policy Page 3 205 A response to the question - what Region meant by "select number of recipients" The question was asked as to what did the Region of Durham mean when its report on this subject referred to "a select member of recipients". The reference is to be those companies bidding on Regional contracts. An extract from that report is reproduced below. The Report to the Regional Finance and Administration Committee on April 15, 2009, in the closing paragraph of the report stated in part that: "The Region should ensure consistency and equal treatment for all potential suppliers of goods and services to the Region and thus refrain from granting any type of preferential treatment to a select number of recipients through the implementation of the proposed Fair Wage Policy. As such, the Region does not believe that it should play a role in mandating the wages to be paid to workers by parties wishing to bid on Regional contracts; especially for one particular area of services/goods (ICI construction) delivered to the Region." Comment - a Fair Wage Policy wouldn't cost us anything. It was stated that a fair wage policy wouldn't cost the City anything. However, it would appear that there is the very great and real potential to increase contract due to our close proximity to Toronto. Some jurisdictions, with the assistance of the City of Toronto's Fair Wage Office, develop wage schedules based on local collective agreements according to the boundaries set by the Ontario Labour Relations Board (OLRB) Area Schedule. Pickering falls within Area 8 in Construction which includes, but is not limited to, Metropolitan Toronto, Peel and York Regions. The way the OLRB operates, standard. labour board jurisdiction requirements places: Pickering in this area and is more consistent with how Toronto determines fair wage. A wage schedule for Pickering would be based on collective agreements set within the greater metropolitan Toronto area and would presumably be higher than wage schedules in an area outside of the area. Clarington and Oshawa fall into Area 9 of the OLRB - outside of the Toronto area. Toronto's Fair Wage Office (TFWO) investigates complaints (45 in 2009) and takes enforcement action when it is determined that a contractor has failed. to pay its workers the prescribed hourly wage rates, vacation and holiday pay and.applicable amount for fringe benefits shown. in the current fair wage schedule. Investigations can involve looking into contractor and subcontractors payroll records. To undertake an investigation or an audit for another jurisdiction it is likely that TFWO would have to develop a business case, review associated costs, establish a fee schedule for time Report CS 30-10 September 7, 2010 77 Subject: Fair Wage Policy Page 4 6 billed for this service and prepare a report back to their City of Toronto Council for approval. Administrative costs as a result of including and enforcing fair wage policies in City Industrial, Commercial and Industrial (ICI) construction contracts could be significant. Even though a base investigation fee to help recover administrative and audit-related costs associated with a Registered Complaint, this fee does not accurately represent the total costs associated with research and review of policies, going onto job sites, interview workers, wage schedules and costs associated with inspections and audits during the period of the construction project. While the City can recover the base investigation from either the complainant or the party named in the complaint, any costs in excess of the base investigation fee must be pursued by City staff. Also there are costs associated with utilizing City staff resources in monitoring policy compliance and conducting complaint-driven investigations arising from allegations which could prove to be unsubstantiated: Implementing a Fair Wage Policy also places the City in the role as a third party arbiter to resolve potential disputes that can occur between contractors and their respective employees. Ontario Chamber of Commerce In the Delegate's email to Council following their presentation to the Executive Committee they asked what categories do these businesses (Members of the Ontario Chamber of Commerce) fall under and how many of them perform highly skilled and potentially dangerous construction work? The Ontario Chamber of Commerce (OCC) is a federation of 160 local chambers of commerce and boards of trade, representing 60,000 businesses from all sectors, of all sizes and from all areas of the province. The businesses are divided into sub-categories so how many businesses perform skilled or dangerous construction work is not available. Generally speaking, the membership roughly matches the demographics of Ontario's businesses. The Government of Ontario has received the OCC correspondence and has acknowledged their consultations. The Province is still working on updating their Fair Wage Policy - a status update as of early June 2010 from the Ministry of Labour is that it is "still under consideration". Ajax-Pickering Board of Trade - Member of the Ontario Chamber of Commerce The Ajax-Pickering Board of Trade is a member of the Ontario Chamber of Commerce, having more than 600 members, including Pickering, representing every sector of the local economy and a trusted voice in the business community. Voice from The Greater Oshawa Chamber of Commerce The Greater Oshawa Chamber of Commerce (GOCC) is incorporated under the Boards of Trade Act. As one of the leading business associations in Durham Region it has over 1,100 entrepreneurs, managers and corporate executives as members, representing over 840 businesses of all sizes and sectors that collectively employ over 40,000 in the 73 Report CS 30-10 September 7, 2010 Subject: Fair Wage Policy Page 5. 207 Region. As the leading business association it continually strives to create an atmosphere that will improve and advance business and create jobs. It is their mandate 1 to provide services and opportunities for local and regional businesses. The GOCC echoes the sentiments of the OCC, as they believe that such policies limit the ability for smaller-to-medium size.companies and suppliers to bid on government projects and questions whether a fair wage policy works to provide 'the best overall project value to the taxpayer at the most cost effective price. Survey of Municipalities The comment was made that Thunder Bay said no one has ever contacted them. The City of Thunder Bay was contacted March 4, 2010 and included in the survey of 28 municipalities and 3 public agencies (Attachment 2, Report CS 28-10). Two (2) of the survey responses indicated they have yet seen any proof that are any cost savings as a result of using the Fair Wage Policy. Refer also to Attachment 3 Page 7, Report CS 28- 10 where mention is made of cases. in other jurisdictions, such as in British Columbia, where fair wage policies were repealed on the ground that they increase project costs and increased the burden on taxpayers while providing debatable benefits. City Policy - Provision of Open, Fair, Equitable Accessible and Competitive Bidding Processes The City avails itself through its bidding practices to a myriad of businesses of which small to medium size businesses seek out the opportunities to work in, and be a part, of Pickering 's development and continue to participate-in municipal construction projects bid opportunities. The City continues to provide best value to the taxpayers of the City of Pickering through the provision of open and fair, equitable, accessible and competitive bidding processes, as stated in the Council approved Purchasing Policy. The City's bidding processes and Health & Safety procedures continue to attract competition from the marketplace yielding competitive pricing from qualified and skilled contractors and savings to benefit the City and it's taxpayers. Should Council still wish to implement a Fair Wage Policy, staff have acquired.a copy of that approved by Clarington Council and adopted it, basically changing Clarington to Pickering and incorporated Oshawa's $5,000 fee as it was felt to be more representative of potential staff costs than Clarington's at $2,500. The Policy would fall under the direction of the Director, Corporate Services & Treasurer with actual day-to- day responsibilities falling under the Manager, Supply & Services. Attached is the City of Toronto Fair Wage Schedule which is included in this report for illustration purposes as Attachment 3. It.has not.been updated since 2003. Should Council adopt a Fair Wage Policy an updated version of this Schedule will have to be created and form part of this Policy. 79 Report CS 30-10 September 7, 2010 Subject: Fair Wage Policy Page 6 208 Attachments. 1. Report CS 28-10 2. Draft Fair Wage Policy 3. Fair Wage Schedule - City of Toronto Prepared By: Approved/Endorsed By: Vera A. Felgemach Gillis A. Paterson Manager, Supply& Services Director, Corporate Services & Treasurer C.P.P., CPPO, CPPB, C.P.M., CMM III . Copy: Chief Administrative Officer Recommended for the consideration of Picker' C it Tony Prevedel, P.Eng. Chief Administrative Officer Z O 9 ATTACHMENT#TO REPORT#- !Fx 0103 qry 00 Report to Executive Committee Report Number: CS 28-10 Date: June 14, 2010 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Fair Wage Policy Recommendation: That Report CS 28-10 of the Director, Corporate Services & Treasurer regarding Fair Wage Policy be received for-information. Executive Summary: At the meeting of Council held on April 19, 2010 direction was given by Council Resolution 465/10 that CORR.29-10 from Terry Dorgan, Business Agent and representative for.Central Building Trades requesting the City of Pickering review their Fair Wage Policy By-law in order to update their policy to mirror other municipalities such as Oshawa and Clarington be referred to staff for report prior to Council's summer recess. After a thorough review, consultation with other municipalities and careful consideration, staff have concluded that it is not necessary to implement any additional update to City By-law-or policy. This is consistent with the Region of Durham's position on this matter. Financial Implications: There are no financial implications associated with the Recommendation. Sustainability Implications: There are no sustainability implications associated with this report. Background: City's Current Policy and Practices The City's Purchasing Policy begins with a Policy Statement which includes: `That the City provide best value to the taxpayers of the City of Pickering through the provision of open and fair, equitable, accessible and competitive bidding. processes." Report CS 28-10 June 14, 2010 Subject: Fair Wage Policy Page 2 8 1 The City's bidding processes have been open and, fair, equitable, accessible and competitive and without concern or conflict from the bidding community for over 30 years. The City's bidding processes continue to attract competition from the marketplace yielding competitive pricing from qualified and skilled contractors and savings to benefit the City and taxpayers. The City is responsible for ensuring that. public funds are spent in a manner which maximizes-the value obtained for money spent in an open and competitive environment which ensures all suppliers that wish to do business with the City are treated equally and fairly. General Conditions within the City's tendering documents include the following Fair Wage Clause: `The Provincial Fair Wage regulations shall be applied to this contract and the Contractor shall be prepared to provide such proof as may be necessary to indicate that wages paid to employees are in compliance with the required minimum." Criteria to select qualified contractors include, but is not limited to, the following: Rigorous evaluation of contractor's health and safety policy, qualifications, safety record, insurance coverage Evaluation of experience in work of similar scope and value, and performance reviews • Backing by a recognized surety company The City. has a,responsibility to hire qualified contractors and ensure compliance with the regulations of the Occupational Health & Safety Act. The City already does its due diligence to ensure only qualified contractors undertake work and comply with all Federal, Provincial and Municipal statues and regulations. The Ontario Chamber of Commerce (OCC) is a federation of 160 local chambers of commerce and boards of trade in the Province of Ontario, representing an estimated 57,000 businesses of all sizes, in all economic sectors and from every area of the province. The OCC's mandate is to advocate strong policies on issues that affect it's membership through Ontario's business industry. In August, 2007 the OCC provided a response on Fair Wage Policy (FWP) to the Director, Employment and Labour Policy Branch - Ministry of Labour and this communication has been confirmed as the most current. The following statements are contained in the response. and bear repeating: "To conclude, the OCC believes the FWP does not effectively provide for a fair return on taxpayer dollars while it falls short of meeting an equitable social objective. Therefore, the OCC recommends the government of Ontario to phase out the FWP". 82 Report CS 28-10 June 14, 2010 Subject: Fair Wage Policy Page 3 The following conclusion appears in, the. most recent Region of Durham Report #2009- F-38 presented to Regional Council: "Given the core service issue and the debatable benefits associated with incorporating such a policy, Regional staff does not recommend the inclusion of a Fair Wage Policy within the framework of its ICI construction contracts or any other service, sector or industry in which such a fair wage policy could be applied. The Region should continue to ensure consistency and equal treatment for all potential suppliers of goods and services to the Region and thus refrain from granting any type of preferential treatment to a select number of recipients through the implementation of the proposed (Region) Fair Wage Policy." The foregoing conclusion within the Regional report resonates the City's Recommendation as well,• that being the City continue to ensure consistency and equal treatment for all potential contractors to the City and thus refrain from granting any type of. preferential treatment to a select number of recipients through the implementation of a proposed City Fair Wage Policy. Attachments: 1. Correspondence from International Brotherhood of Electrical Workers 2. City of Pickering Overview of Proposed Fair Wage Policy 3. Region of Durham Finance and Administration Report No. 2009-F-38 regarding a Fair Wage Policy i Prepa ed By: Approved/Endorsed By:* CA. Vera A. Fel emacher Gillis A. Paterson Manager, Supply & Services Director, Corporate Services & Treasurer C.P.P., CPPO, CPPB, C.P.M., CMM III Copy: Chief Administrative Officer Recommended for the consideration of Pickering C oun it Tony Preve el, P.Eng. Chief Administrative Officer ATTACHMENT#J-TO REPORT#.U_?? 83 Request for DelegatlOtl Debbie Shields One The Esplanade Pickering, Ontario, Canada L1V 6K7 To whom this may concern, The Central Ontario Building Trades represents 60,000 skilled trades' workers in Central Ontario. Most recently they have been active in promoting the adoption of modern Fair Wage Policies throughout, Ontario. This is to coincide with already implemented Fair. Wage Policies in municipalities and institutions such as; Oshawa, Thunder Bay, Hamilton, Sudbury, Clarington; Toronto, the University of Ontario Institute of Technology and Durham College: Within the City of Pickering's purchasing Bi-laws a Fair Wage Policy, dated 1995, has been implemented over the past 15 years. The Central Ontario Building Trades view this policy as being out dated and respectfully requests that the City of Pickering update their. Fair Wage Policy to mirror other municipalities such as Oshawa and Clarington. Central Ontario Building Trades representative Terry Dorgan, requests to appear as a delegation on April 19`h 2010 in respect to modernizing the city's Fair Wage Policy. Best Regards, Terry sor~A er+ . 9 1 BEW L.oi:.k 81LA ORIGINAL. , 'TO: COPY TO:. TAKE 1: PP: ~MO+ 84 .~A us about Adopting Fair Wage What is a Fair Waae Requires all contractors to pay or provide the same wages, benefits and hours to all workers. Policy? Municipalities pay their construction workers a "fair wage" for ar::;~> the work performed and to ensure that workers are not exploited or discriminated against. Usually applies to construction (ICI) projects over V100,000. Who has already adopted. The Federal government, the provincial governments of Fait' Wage? Ontario, Manitoba and British Columbia, the municipalities of Toronto, Oshawa,"London, Montreal, Calgary, Edmonton and Greater Vancouver, in addition to numerous agencies, boards, . . commissions and universities/colleges all have adopted fair wage policies. . What are the cost Minimal increases in.construction cost (2-4%) iirlpliCatiOlls of Fair Wage Significant cost savings (11-17%) based on higher productivity gains resulting in lower renovation and repair work Policy Adoption to (Source: Ontario Construction Secretariat) projects? What are the financial For small to medium sized Municipalities, it.takes 20-40 hours. implications of Fair Wage per year to administer a Fair Wage Policy. - to Municipalities? Investigations.fees (e-.g. $2500 per investigation) would cover administration costs and be an additional revenue source for the . Municipality. ! In the City of Toronto, administration revenues from Fair Wage exceeded $27,000 in 2008. What are the other (1) -stable labour relations with minimal-disruption. Benefits of Fair Wage (2) A level playing field in competition for City Work. tiOn? (3) Protection of the Public Policy Adoption?' p (4) Enhanced reputation of the Municipality for ethical and fair business dealings. f i ATTACHMENT#aR_TO REPORT 85 City of Pickering' Overview of the Fair Wage Schedule and Policy Proposal Contractors entering into ICI (Industrial-Commercial-Institutional) construction contracts carried out by, and for, the City would.pay or provide wages, benefits and hours of work to their employees while adhering to a "City Fair Wage Schedule and Policy". Similarly, it would be the responsibility of the contractor to ensure the subcontractor(s) are also adhering to the terms of the City Fair Wage Schedule and Policy. The proposal outlines a contract threshold minimum of $500,000 and therefore, contracts below a threshold would be exempt from the terms of the proposed policy. A "investigation fee" would be required to investigate complaints. Upon receipt of a Registered Complaint, together with payment of an investigation fee, the City would take such action as it deems necessary to determine whether the Contractor and Sub-contractor involved or named in the Registered Complaint is in compliance with the Fair Wage Policy and the Fair Wage Schedule. Sample investigation fees are $2,000-and $5,000. Fair wage policies exist in relatively few municipalities from the survey undertaken recently. Of the 28 municipalities and 3 public agencies surveyed, only 5 municipalities. have their own fair wage policies,.2 of which are Clarington and Oshawa., As identified in the Region of Durham's Report #2009-F-38 on Fair Wage Policy "the City of Toronto's Fair Wage Policy often serves as a benchmark for other jurisdictions and its wage schedule is arrived at through review of stipulated rates of pay for various classes of work produced. The City of Toronto's Fair Wage Office is made up of. several staff members solely-dedicated to the review of tenders and vetting of bidders to ensure compliance, links to their schedule, to the complete wage package, inclusive of benefits (excluding union dues, associate fees, etc) and is tied to collective agreements specific to the local area. Review of the schedule by the City of Toronto's is done once every three years and is adjusted annually for inflation. The City of Toronto's Fair Wage Office provides auditing, administrative and schedule research and review service to other municipalities with fair wage policies of their own." Administration of a City Fair Wage Schedule and Policy would have to be designated to be the responsibility to a Manager in Corporate Services.or appropriate designate for the review and administration of a Fair Wage Schedule and Policy and likely require additional internal staffing to support the Manager. Clarington implemented a fair wage policy as an interim process. and applies on ICI (Industrial-Commercial-Institutional) projects over $1,000,000 and Oshawa's applies on projects over $500,000. Clarington has not seen any proof that there are any cost savings flowing as a result of using the Fair Wage Policy. Clarington relies on the City of Toronto to provide schedules and undertake audits otherwise, would need extra staff. The following is abstracted from. a City of Toronto staff report February 1, 2007 - "Establishing fair wage rates and schedules are intended to minimize potential conflict between organized and unorganized labour in the tendering and awarding of civic contracts". This may be a factor in Toronto, however, there has been no conflict whatsoever in over 30 years between organized and unorganized labour in the tendering and award of contracts within the City of Pickering. ATTACHMENT#,;L-TO REPORT# Qd-J.0 86 Aril 15, 2009 Finance & Administration -15- P Committee MOVED by Councillor Kolodzie, (160) "THAT the foregoing motion, (159) of Regional Chair Anderson be tabled." MOTION DEFEATED Councillor kolodzie indicated that he wished to table the motion until he could obtain an accurate accounting of what each Municipality has put into Durham Region Transit (i.e., cost of buses, lands, etc) The motion (159) of Regional Chair Anderson was then put to a vote and CARRIED. d) PROPOSED ESTABLISHMENT OF A FAIR WAGE POLICY ON ICI CONSTRUCTION CONTRACTS BY THE REGION OF DURHAM (2009-F-38) Report #2009-F-38 from R.J. Clapp, Commissioner of Finance, was received. R.J. Clapp responded to various questions from Councillor Kolodzie with respect to whether or not there would be additional costs; why the fair wage policy comparison chart (of GTA and other municipalities) shown on page 3 of the report did not have more up-to-date comparisons; and the impact had a fair wage policy been in place when the new water pollution control plant was constructed in Courtice. 'A question regarding union versus non-union i workers was also raised and was addressed by R.J. Clapp. MOVED by Councillor Parish, (161) "THAT Report #2009-F-38 of the Commissioner of Finance be received for information." CARRIED e) REGIONAL DEVELOPMENT CHARGE INDEXING (2009-F-39) Report #2009-F-39 from R.J. Clapp, Commissioner of Finance, was received as a handout. R.J. Clapp reviewed the recommendations contained in Report #2009-F-39 with the Committee and also highlighted section 3.3 on page 6 which summarizes the potential foregone revenue (estimated $4.0 million) from waiving the indexing of residential and non-residential development charges and delaying the scheduled phase-in of non-residential development charges for the ICI sectors in order to provide some relief for local development.and building industries during this, economic recession. Councillor Parish questioned the reason for doing this and also commented there would be minimal impact in terms of stimulating development and creating jobs. Councillor Parish also expressed concern with the loss of the estimated $4 million in development charge revenue in 2010 and beyond. R.J. Clapp noted there will be an opportunity to update the rates when a new development charge by-law is completed. Councillor Parish also questioned R.J. Clapp on whether consideration had been given to alternatives, such as 1.25 i i RoD -File Display Page 1 of 8 87 The Regional Municipality of Durham Report to: The Finance and Administration Committee From: R.J. Clapp, Commissioner of Finance Report No.: 2009-F-38 Date: April 16, 2009 SUBJECT: Proposed establishment of a Fair Wage Policy on ICI construction contrails by the Region of Durham R§COMMENDATINS: THAT the Finance and Administration Committee receive this report for irdormatim- 1.0 INTROO UC?JON This report conalders.the implications of incorporating a fair Wage Policy into the framework of the Region of Durham's ICI construction contracts. The report briefly summarizes the Fair Wage Policy proposal put forth by local union representatives and discusses current experiences with fair wage policies in other municipalities for the purpose of establishing a Regional position on the proposal. 2.0 BACKGROUND • On November 14, 2007, with a UA Local 463 representative in attendance, a representative from ISEW Local 894, Oshawa and District provided a presentation to Council members regarding a f=air Wage Policy Proposal for the Region intended to cover ICI consduction contracts carried out by. and for, the Regional Municipality of Durham. Council members were also presented with bound copies of the Fair Wage Proposal and a publication from the Ontario Construction Secretariat (OSC) entitled "Impact of Fair Wage Policies on the Construction Industry. A Fair Wage Policy would allow the Region to require that all contractors bidding on contracts for the Region provide wages, benefits and hours to their employees in compliance with the Region's Fair Wage Policy. The policy would also make contractors responsible for ensuring that sub-contractors also adhere to the policy. 49 https://zyimage.durham.ca/Exe/ZyNET.exe/000OA9DJ.txt?ZyActionD13=ZyDocument&... 13/05/2010 i RoD - File Display Page 2 of 8 I Report No,: #2009-F-35 __?N a No.: 2 • Terry Dorgan. the UA Local 463 representative, suggested that fair wage policies assist in counter-bataneing the propensity for suppliers in the, construction industry to engage in cut-throat competition driven by the Iow-Nd policies often adhered to by the public sector. It is argued that by setting a wage floor for which contractors and sub-contractors must adhere to. and essentially "taking the wages out of competition" such cut-throat competition through the paying of lower wages can be minimized. They indicate that such competition is also believed to erode occupational safety standards. weaken industry investment in skills training and "promote" evasion of legal obligations, such as the circumvention of El and CPP contributions. Mr. Dorgan also commented that fair wage policies have been in Canada for some time and that the City of Toronto policy often serves as a benchmark for policies in other areas. • A follow-up meeting took place January 2008 between Regional staff and IBEW Local 894 and UA Local 463 representatives to again discuss the Region's proposed Fair Wage Policy. On April 2009, Regional staff met with members of the Greater Oshawa Chamber of Commerce to discuss fair wage policies and their potential impact on the Region of Durham. 3.0 ova O THE FAI AGE POLICY PROPOSAL • Under the proposal. contractors entering into ICI construction contracts canted out by, and for, the Regional Municipality of Durham would pay or provide wages, benefits and hours of work to their employees while adhering to the Region's Fair Wage Schedule and Policy. Similarly, it would be the responsibility of the contractor to ensure that the sub-contactor is also adhering to the terns of the Fair Wage Schedule and Policy. The proposal outlines a contract threshold minimum of $500,000 where contracts below this threshold would be exempt from the terms of the proposed policy. Administration of the policy and wage schedule would be designated to be the responsibility of the Manager, Purchasing Services or appropriate designate. • Through its tender call, the Region would make the Fair Wage Schedule and Policy available to every parry bidding in ICI construction contracts. In a manner that is acceptable to the Region, evidence of policy adherence would be provided by the contractor and sub-contractors after substantial performance of the construction contract. Contractors and sub-contractors would be required to post appropriate fair wages, wage schedules and tabour conditions in a conspicuous place at the work site and would be ordered to maintain accurate records of employees detailing employee information. trade' classification, hours of work and wages; information that would be made available for inspection upon request by the Region. r, n https://zyimage.durham.ca/Exe/ZyNET.exe/OOOOA9DJ.txt?ZyActionDI3 ZyDocument&... 13/05/2010 RoD - File Display Page 3 of 8 _.89 Report No.: #2009-:-38 Page No.: 3 A Registered Complaint could be teed by ~-oon~ o Sub-contractors Under employees with the Region against any the proposal. the Region would investigate the complaint for a base . Investigation fee of $2500 being proposed by the unions and subject to the. conditions of substantial performance of the construction contract. Should the registered complaint be found to be unsubstantiated. the Region would retain the investigation fee from the complainant and take necessary action to daim any costs in excess of the base.investigation fee. Should the investigation deem the contractor or sub-contractor to be in nonce millthe i terms non-compliance. o ff c the po rld be provided by the Region to Immediately comply First time non-compliance violations within a five-year time frame may result, in the contractor requiring accounting reports for the next three Region- related ro of which the contractor performs construction work: declaring projects adherence to the Fan Wage Policy. Multiple non-compliance of noes by contractors within a five-year time frame may result in restrictions to bid on - Region contracts for a period. of two years. 4.0 PAIR WAGE POLICY EXPERIENrIg IN Mffi 498_1A01CTtONS • Fair wage policies exist in relatively few municipalities across Canada. The majority that do have fair wage policies are concentrated in Southern Ontario, and include Toronto. Hamilton. Oshawa, London. Clarington. Sudbury. Kitchener. Mississauga. Vaughan, and Brampton. To date, no regional municipality has yet adopted a fair wage policy (i e. Halton Region, York Region. Municipality of Waterloo) The table below provides a comparison of fair wage schedule compensation by various municipalities across a select number of common trade positions. FakNp Ra gCamparbon -hand Iffier municip liilM ofth, adf mntoFair Ofte•feb 2W 01 - 4. ro o~ :aN :i ":~:.2W_ Y. wiaim'=s•:r~t''7,~,av:t . ,(,a, . _ iW/ ti i'... xpnv~ason trapiavwea~ 1~r~pn,v~nUan, .waviw9an, EM001"tllC001u Yo110117hrod WSP16halm NdWgdf8p hdnar.,da PmOsiaiF.W.Wipa F4M14JWpp H*&y`f&p aftbiR&Slownim iK/2 11 015 RM s1tt6 SAN . SAX sR61 $7116 Ss>s X96 $trS2 sea SAA E3cdtidas $13u 33LTA Sao 11 am Sao s/ua SKI? Mrclann~at~ba~eis taR22 s3t11 No sm ON swn San E>s opens sla8a 134* $051 as $2.34 $1221 sm. bell rioarWdker slaps $22.16 0.61 sag $2670 as =0 v _ORA .1. 59 https://zyimage.durham.ca/Exe/ZyNET.exe/000OA9DJ.txt?ZyActi0nDJ3 ZyDocutnent&... 13/05/2010 i RoD - File Display Page 4 of 8 90 i Repo I No.: #2009-F-36 Page No.: 4 • The City of Toronto's Fair Wage Policy often serves ass benchmark for other jurisdictions and its Wage Schedule ls.arrived at through review of stipulated rates of pay for various classes of work produced. The City of Toronto's Fair Wage Office, made up of several staff members sole"edlcated to the review of tenders and vetting of bidders to ensure compliance, links their schedule'to the complete wage package, inclusive of benefits (excluding union dues, association fees, etc.). and Is tied to collective agreements specific to the local area. Review of the schedule by the City of Toronto's Fair Wage Office is done once every three years and is adjusted annually for Inflation. The City of Toronto's Fair Wage Office often provides auditing. administrative and schedule research and review services to other municipalities with fair wage policies of their own. • . Within Durham Region, Clarington and Oshawa each have their own fair i wage policies for ICI construction contracts and with the assistance of the City of Toronto's Fair Wage Office. wage schedules are developed by linking wages to local collective agreements within the appropriate Ontario Labour Relations Board Construction Industry Area (Area 9 for both municipalities). For both municipalities. in the event of a registered complaint, administrative support and auditing services can be performed by the City of Toronto's Fair Wage Office or appropriate designate as determined by the municipality. For complaints that are deemed valid, the investigation fee is returned to the complainant and the cost for the auditing service would be charged to the j municipal budget. However, evidence of noncompliance by a supplier allows the municipality to pursue the base investigation costs along with any other costs the municipality deems appropriate and can deduct the amount from the balance owing by the municipality to the supplier. • Since the inception of its fair wage policy. Clarington has only seen two ICI construction projects exceeding the $1 million threshold level. Oshewa"s fair. wage policy. with a lower contract threshold level of $500.000, has yet to undertake a project above this amount. The lack of actiivfty among the area municipalities mattes It difficult to assese the effects of their respective polities. 5.0 THE REGION OF DURHAM'S CURRENT PRACTICES • The Region of Durham s By-Law No. 613.2000, as amended, defines purchasing and tendering policies covering the acquisition of goods and services projects by the Region. The Region of Durham currently undergoes a thorough examination of all tenders and proposals, as well as a process for qualification of suppliers of goods and services. It Is the objective of the Region to acquire its goods, services and works without favoritism through the application of the highest standards of business ethics. 52 https://zyimage.durham.ca/Exe/ZyNET.exe/000OA9DJ.txt?ZyActionDI3=ZyDocument&... 13/05/2010 RoD - File Display Page 5 of 8 91 Report No.: aoci9 F 38 , rage No.: 5 The pre-qualification criteria to selecting a list of qualified suppliers includes. - but is not Iimited to: + Review of health and safety records of suppliers: • Record of supplier working experience and evaluation of prior performance; and e Examination of the prior bidding history of lire supplier and financial status of the supplier. For projects above $100,000. pregualiFication of achieved via Council approval for each respective project. A joint report is required by the Department Head and "designated officlar and is submitted to the appropriate Standing Comrn'dtee and Council for approval prior to proceeding with prequalification of the supplier. The Region has a responsibility to hire qualified contractors and ensure compliance with the regulations of the Occupational Health and Safety Act as well as any additional policies mandated by the Regan. + Awarding of the contract Is usually based on the lowest responsible bid assuming all speeltications and qualifications have been'met. In its purchasing of goods and services, it is the responsibility of the Region to ensure that public funds are spent in a manner which maximizes the value obtained for money and to ensure that the solicitation. bidding and award ing process is done in an open end competitive environment which ensures that all suppliers that wish to do business with the Region are treated fairly and equally. While there Is currently no fair wage policy incorporated into construction contracts, Regional staff believes that the Region already does Its due diligence In ensuring that only qualMed and reputable suppliers partake in the supply of goods and services for the Region by ensuring compliance to all Federal, Provincial and Municipal statutes and regulations. $.0 REGIONAL STAFF CONCERNS WITH FAIR WAGE POLICY Upon review of various 1'deratums. research and experience In other jurisdictions and entities. Regional staff suggests that there are several concerns with implementing a Fair Wage Policy in the framework of ICI construction contracts. Some primary concerns include. The Implementation of a Fair Waga Policy results In the Region assuming the role as a third-party arbiter serving to resolve potential disputes that occur between suppliers and their respective employees. • The Region would likely incur significant administrative coats as a result of including and enforcing fair wage policies to its ICI Construction contracts. While the proposal outlines a base investigation fee of $2.500 to help recover administrative and audit-related costs associated i 53 I https://zyimage.durham.ca/Exe/ZyNET.exe/OOOOA9DJ.txt?ZyActionDI3=ZyDocument&... 13/05/2010 ' RoD -File Display Page 6 of 8 92, Report No.: 02009•F•38 Pena No.: 6 with a Registered Complaint, these costs may not necessarily reflect the total costs that may be associated with review and research of policies and wage schedules, as well as costs associated with inspections and audits during the . period of the construction contract. As a.result, while the Region can recover base Investigation fees from either the party named in the complaint or the complainant any costs exceeding the base costinvestigation fee must be pursued by the Region. Also to be opnsidered are the opportunity costs of utilizing Regional staff resources towards monitoring policy oomplianoe and conducting complaint-driven investigations based on allegations which could prove to be unsubstantiated. In addition, the required posting of the proposed Fair Wage Schedule and Policy at every site provides Region contact Information to the public to answer any inquiries regarding the Fair Wage Schedule and Pdicy; Inquiries which may be unrelated to non.;eomplianoe issues. • To date, there have been no discussions with the City of Toronws Fair Wage Office regarding possible administrative support related to the Region's I proposed Fair Wage Schedule and Policy and it Is not known if the Fair Wage Office would have the manpower to provide such support to the Region without having to increase their staffing requirements. If the Fair Wage Office was incapable of providing administrative support to the Region under their current structure, additional internal staffing would likely be required by the Region to support the Manager. Purchasing Services in the review and administration of the Fair Wage Schedule and Policy. Taking into account the staffing requirements of the City of Toronto's Fair Wage Office and considering the City of Toronto's population relative to that of Durham Region, it could be assumed that the Region would require at least one full-time employee dedicated solely to the administration and review of the fair wage policy, and schedule for the Region of Durham. • The manner in which "fair wages" should.be set for the Region remains uncUear. Some jurisdictions. with the assistance of the City of Toronto's Fair Wage Office, develop Wage Schedules based on local collective agreements according to the boundaries set by the OLRB Area Schedule. However. Area 9 represents all of Durham Region except for Pickering and Ajax, which fall into Area 8 (which includes, but is not limited to Mefropditan Toronto, and Peel and York regions). While it is likely that cross-regional overlap Is a non, issue when examining area municipalities, it is unclear how *fair wages" would be set for a regional municipality with overlapping 0LR8 Areas. For example, IBEW Local 894, which represents electrical workers. represents a wide area including all of Durham Region. However. OLRB Areas 8 and 9 both cover large portions of Durham Region and it Is unknown whether the collective agreements from Area 8, including those for IBEW Local 363 (covering Toronto. Peel Region, York Region and a portion of Dufferin, County), would take precedence over the those of Area 9. or vice versa. 54 j https://zyimage.durham.ca/Exe/ZyNET.exe/OOOOA9DJ.txt?zyActionDI3=ZyDOcume.nt&... 13/05/2010 RoD - File Display Page 7 of 8 93 Report No.: #2009-F-38 Page No.: 7 • The Ontario Chamber of Commerce (OCC) claims that the ProVinoe,of Ontario has an ample amount of legislative tools to address the social and economic needs of the Ontario workforce, including various labour policies and minimum wage legislation. The OCC also claims that the poshive impacts of fair wage policies - benefits that are typically accrued to a limited number of beneficiaries - are undermined by the overall increase in program costs. The OCC continues to champion for the phasing-out of the Provincial Fair Wage Policy as they claim it results in inflated wages for non-unionized employers that otherwise would have been compensated fair. competitive e market wages. The Greater Oshawa Chamber of Commerce (GOCC) echoes the sentiments of the t?CC as they believe that such policies limit the ability for smaller4o- medium suppliers to bid on 4ovemment contracts and they'questloned whether a fair wage policy works to provide the best overall project value to the taxpayer at the most cost-effective price. Similarly, the Canadian 1Federadon of Independent Business (CFIB), a not4or-profit, non-partisan organization which represents the interests of small and medium-sized businesses, has long argued against fair wage policies and claims that the government should not be involved in setting wages for private sector workers bidding on public sector contracts. There have been cases in other jurisdictions, such as in British Columbia, where fair wage policies were repealed on the grounds that they increased project costs and Increased the burden on taxpayers while providing debatable benefits. Studies have found that BC's fair wage policies, which mandated for wages that were up to one-third higher than the prevailing competitive market wage rate, added approximately 7 per cent (over $100 million annually) to the cost of publie construction projects. It was the belief that the return to an open tendering process would ensure optimal value for taxpayers and the savings incurred as a result of the repeal of the fair wage policy would assist in allocating funds to other much-needed proles • While fair wage policies exist in various area munlcipalldes and entities, no regional municipality has yet to impose a fair wage policy. Given the Region's geographic expanse and'the potential administrative and opportunity i costs associated with implementing such a policy. the question arises as to why the Region should assume the responsibility for establishing wages paid by suppliers bidding on Regional tendered ICI construction contracts given that there is no dear benefit to the Region for doing so. As noted. Regional staff believes that the Region already undergoes a thorough evaluation and vetting of potential bidders that ensures adherence to all statutes, regulations and standards and ensures that the awarding of contracts is done in an open and competitive environment where all potential suppliers are treated equally and fairly. 55 https://Zyimage.durham-ca/Exe/ZyNET.exe/000OA9DJ.txt?ZyActionDI3=ZyDocwncnt&... 13/05/2010 RoD - File Display Page 8 of 8 9.4 Repoli No.: 1#2009-F-38 Pa No.: 8 1.0 CONC_USON • Given the core service issue and the debatable benefits associated with Incorporating such a policy. Regional staff does not recommend the inclusion of a Fair Wage Policy within the framework of its ICI construction contracts or any other service. sector or industry in which such a fair wage policy could be applied. The Region should cortiti o to ensure consistency and equal treatment for all potential suppliers of goods and services to the Region and thus refrain from granting any type of preferential treatment to a select number of recipients through the Implementation of the proposed Region Fair Wage Policy. R.J. Clapp. CA Commissioner of Finance 5b https://zyimage.durham..Ca/Exe/ZyNET.exe/OOOOAgDj.txt?ZyACtionDj3=ZyDocument&... 13/05/2010 Call o~ City Policy ATTACHMENT#-1 TO REPORT#_S 3 IQ 5 PICKERING Policy Title: Fair Wage Policy for Industrial, Commercial and Policy Number: FIN Institutional Construction Contracts Reference: Date Originated: Date Revised: X Approval: Chief Administrative Officer Point of Contact: Manager, Supply & Services Policy Objective On all Industrial Commercial Institutional (ICI) construction contracts with the City of Pickering, every Contractor and Sub-Contractor shall pay or provide wages, benefits and hours of work to their Employees, in accordance with the "Fair Wage Policy for ICI Contracts" and the Fair Wage Schedule of the Corporation of the City of Pickering. Failure to comply with the Fair Wage Policy may result in restricted ability to bid on Municipal construction business. Scope This policy applies to ICI projects over $1 million and provides framework for the application of the Faire Wage Schedule. Index' .01 Definitions 02 Procedures 03 Legislative Compliance 04 Liability 05 Posting 06 Records 95 07- Complaints 08 Inspection and Audits 09 Compliance 10 Consequences of Non Compliance Policy Title: Page 2 of 11 Policy Number: X 97 01 Definitions 01.01 Pickering means the Corporation.of the City of Pickering, and, where the context allows, its officers, officials, employees and agents or any of them. 01.02 Municipal Council means the elected Municipal Council of the City of Pickering. 01.03 Contractor means any person, firm or corporation having a contract with the City of Pickering for the performance of ICI construction work, but does not include any person, firm or corporation that only supplies materials for the Construction Contract. 01.04 Construction Contract means any ICI construction of an estimated value of at least one million ($1,000,000.00) dollars (exclusive of HST administration and related costs), entered into between the City of Pickering and a Contractor and includes the various sub-contracts to that contract. 01.05 Construction Contracts which were initially tendered and awarded under the one million ($1,000,000.00) dollar threshold (exclusive of HST, administration and related costs) but exceeded this upset limit due to owner requested changes or other unknown change orders after the award of the contract, are exempt from this policy. 01.06 Audit'Services means the review of tendering submissions of any or all bids at time of tender and records of low bid contractors and sub- contractors to ensure compliance. Audit services may be performed by the City of Pickering or alternate designated by the City. 01.07 Employees means those persons employed by the Contractor or Sub- Contractor in positions, classifications (trades or any combination of those) identified in the Fair Wage Schedule, for the performance of construction work on a Construction Contract with the City, or any sub- contract. 01.08 Fair Wage Schedule means the schedule of wages, benefits and hours of work for the performance of construction work on all Municipal ICI Construction Contracts as approved and as amended from time to time as based on the Ontario Labour Relations Board (OLRB) Geographic Area 8. Policy Title: Page 3 of 11 Policy Number: X i 98 01.09 Fringe Benefits" includes such benefits as company pension plans, extended health care benefits, dental and prescription plans, etc. It does not include legislated payroll deductions such as C.P.P., E.H.T., . W.S.I.B. or E.I.C., O.H.I.P. 01.10 ICI is an acronym abbreviation for "Industrial, Commercial and/or institutional". 01.11 Registered Complaint means a written complaint from an identified source which alleges that a Contractor or Sub-contractor has violated this Fair Wage Policy. Registered Complaints must be submitted, in - writing, to the Manager, Supply & Services of the City of Pickering. 01.12 Sub-contractor means any person, firm or corporation performing work for a Contractor or one of the Contractors or other Sub-contractors who has a Construction Contract with the City, but does not include any person, firm or corporation that only supplies materials for the Construction Contract. 01.13 Sub-contract means any contract between a Contractor and any of that Contractor's Sub-contractors with a firm, person or corporation for work in accordance with a Construction Contract. The term excludes contracts for material supplies only. 01.14 Term This policy is in effect for a term of two years from Council ratification, after which it will be referred back to Council for review. 02 Procedures The Manager, Supply & Services or designate will prepare and review the Fair Wage Schedule from time to time and after consultation with the audit service provider, those amendments to the Fair Wage Schedule which are required to reflect the prevailing wages, benefits and hours of work in the construction industry in the geographical area of the City will be made by the Manager, Supply & Services. The Manager, Supply & Services or designate will review the Fair Wage Policy from time to time and recommend to Council any substantive required amendments to the Fair Wage Policy. Minor amendments may be made after consultation with the audit service provider. Policy Title: Page 4 of 11 Policy Number: X 99 The Manager, Supply & Services or designate will co-ordinate, as necessary, the preparation of information reports to Council regarding complaints investigated and audits performed pursuant to the Fair Wage Policy. The City shall make available through its tender call, to every person bidding on Pickering's ICI Contracts, the then current Fair Wage Policy and Fair Wage Schedule and shall include in contract documents and/or provide copies of them to the bidders, or make them available through the City's web page. The Contractor and its Sub-contractors shall not be responsible, for any Fair Wage Schedule rate increases which occur after the tender closing date for the Municipal Construction Contract on which the Contractor is the successful bidder - the. price does not change, even if the rate schedule increases. For all ICI Contracts with the City, the Contractor shall provide to the City, in a form acceptable to the Municipal Solicitor or designate, notification that the Contractor and its Sub-contractors are in compliance with the Fair Wage Policy and the Fair Wage Schedule. This notification shall be provided to the City after substantial performance of the Construction Contract as defined in the Ontario Construction Lien Act, R.S.O. 1990, c C.30, as amended, including successor legislation.. A Contractor is fully responsible for ensuring that all of its Sub-contractors comply with the Fair Wage Policy-and Fair Wage Schedule. A Sub-contractor is fully responsible for ensuring that all of its Sub-contractors comply with the Fair Wage Policy and the Fair Wage Schedule. A Contractor must provide all of its Sub-contractors with a copy of the Fair Wage Policy and Fair Wage Schedule before any construction work is performed by the Sub-contractors. Contractors and Sub-contractors cannot subcontract any portion of the contract for less than the fair wage rates. From time to time, the City will engage the services of an alternate auditing service to conduct investigations on their behalf. The Fair Wage Rates will be based on the Ontario Labour Relations Board (OLRB) Geographic Area 8. Policy Title: Page 5 of 11 Policy Number: X -loo Contractors and Sub-contractors shall not discriminate because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age, record of offences (provincial offences and pardoned federal offences), marital.status, family status or handicap. 03 Legislative Compliance Contractors and Sub-contractors shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in anyway pertain to the work outlined in the Contract or to the Employees of the Company. Contractors and Sub-contractors shall ensure WSIB compliance and coverage in accordance with relevant legislation and the City's prevailing policy. Without limiting the generality of the foregoing, Contractors and Sub-contractors shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Contractors and Sub-contractors obligations. 04 Liability The City and any other designate to be fully indemnified and saved harmless from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly, save.and except for damage caused by the negligence of the Pickering, its employees or designate. The Contractor agrees to defend, fully indemnify and save harmless the city from any and all charges, fines, penalties and costs that may be incurred or paid by the City if the City or any of its employees shall be made a party to any charge under the Occupational Health and SafetyAct or any other Act in relation to any violation of the Act arising out of this contract. 05 Posting All Contractors must post in a conspicuous place on every construction project site, in a location satisfactory to the Project Manager or designate, a copy of the Fair Wage Policy and the Fair Wage Schedule supplied to it by the City which will Policy Title: Page 6 of 11. Policy Number: X _1 011 include a telephone number by which any inquiry regarding the Fair Wage Policy or the Fair Wage Schedule, may be made to City's designate. 06 Records The Contractor must keep records of the names, addresses, wages paid, benefits paid or provided and hours worked for all of its employees. The Contractor shall make these records available for inspection by the City upon the request of the City of Pickering for a period of seven (7) years after final completion of the Construction Contract. The City will only be permitted access to these records upon receipt of a Registered Complaint. The Contractor shall, in any agreement with a Sub-contractor, require the Sub- contractor to comply with all subparagraphs below. The Sub-contractor shall keep records of the names, addresses, wages paid, benefits paid or provided and.hours worked for all of its employees. The Sub-contractor shall make these records available for inspection by the Pickering within five (5) days to the date of the City of Pickering's request. The City will only be permitted access to these records upon receipt of a Registered . Complaint, and only for a period of seven (7) years after final completion of the Construction Contract. The Sub-contractor shall also require its Sub-contractors to assume the same obligations in relation to their own Employees. Failure to provide these records or failure to co-operate as required by this Policy may result in the Contractor or Sub-contractor being subject to the consequences of non-compliance provisions of this Fair Wage Policy. 07 Complaints Any Contractor, Sub-contractor or Employee that tendered on that awarded Construction Contract by the Pickering, may submit a Complaint against that tender award to the City of Pickering with respect to any Contractor or Sub- contractor on that project. Registered Complaints should be submitted at the earliest time but no later than fifteen (15) days following the: Policy Title: Page 7 of 11 Policy Number: X 102 Substantial performance of relevant Construction Contract where a complaint is being made against a Contractor; or substantial completion of relevant Sub- contract to a Construction Contract where a complaint is being made against a Sub-contractor. Upon receipt of a Registered Complaint, together with payment of an investigation fee of $5,000.00, in the form of a certified cheque, the City shall take such. action as it deems necessary to determine whether the Contractor and Sub-contractor involved or named in the Registered Complaint is in compliance with the Fair Wage Policy and the Fair Wage Schedule. If upon investigation, the Registered Complaint is found to be substantiated, the fee of $5,000.00 will be refunded to the person, company or corporation filing the complaint. If the complaint is found to be unsubstantiated, the fee will be retained by the City to cover administrative costs of the investigation and audit process. The City may, at its discretion, waive the fee in cases where an employee of the Contractor or Sub-contractor working on the construction project issues the complaint. The Manager, Supply & Services or designate shall inform the complainant and any Contractor or Sub-contractor involved or named in the complaint, or the results of the City's determination of Contractor's and/or Sub-contractor's compliance or non-compliance with the Fair Wage Policy or Fair Wage Schedule, or both by ordinarymail. The decision of the.Manager, Supply & Services or designate is final. 08 Inspection and Audits The City retains the right to inspect and audit the payroll records (as referred to in the RECORDS section of the Fair Wage Policy) of the Contractor or Sub- contractor at any time during the period of the Construction Contract and up to seven (7) years after the Construction Contract has been completed, as deemed necessary by the City of Pickering. The Contractor shall supply certified copies of any records whenever requested by the City of Pickering within five (5) business days. After completion of the Construction Contract, the City will only be permitted access to these records upon its receipt of a Registered Complaint of non-compliance of a Contractor or Sub-contractor under the Fair Wage Policy. Policy Title: Page 8 of 11 Policy Number: X 103 09 Compliance A Contractor or Sub-contractor shall be in compliance with the wage requirements of the Fair Wage Policy when it pays to its Employees wages, vacation and holiday pay, fringe benefits equal to or greater than the amount set out in the most recently approved Fair Wage Schedule. 10 Consequences of Non-Compliance The Manager, Supply & Services or designate, upon determining that a Contractor or Sub-contractor is in non-compliance of the Fair Wage Policy or the Fair Wage Schedule,*shall undertake the actions set out in subparagraphs (a) and (c) and may undertake the action set out in subparagraph (b). The City shall advise the Contractor and/or Sub-contractor, in writing, sent by ordinary mail, that it has been determined that the Contractor or Sub-contractor is in non-compliance, providing the detail of that non-compliance. The notice shall stipulate that the Contractor and/or Sub-contractor is required to comply and/or immediately pay (retroactively) wages to its workers according to the Fair Wage Schedule applicable at the time of the Construction Contract award, as applicable. If a Contractor or Sub-contractor is provided with notice in accordance with this subparagraph, the fact shall be recorded as an occurrence of non-compliance. The City may withhold an amount of funds equal to the amount by which the Contractor and/or Sub-contractor has benefited from its non- compliance from any payment owed by the City of Pickering to the Contractor until such time as the Contractor or Sub-contractor complies. The City shall assess the base cost of $5,000.00 for the City's inspection, audit or other action as deemed necessary by the City as a result of the determination of non-compliance of the Contractor and/or Sub-contractor, and may deduct that amount from any payment owed by the City of Pickering to the Contractor. In - addition, the Contractor shall be responsible for all of the City's costs beyond the base cost of $5,000.00 to be payable immediately upon demand. Where a Contractor or Sub-contractor has been determined to be in non- compliance with the Fair Wage Schedule for the first time in a five (5) year period, the Manager, Supply & Services or designate may require that Contractor or Sub-contractor, on the next three (3) Municipal Construction Policy Title: Page 9 of 11 Policy Number: X i 104 Contracts on which the Contractor or Sub-contractor performs construction work, to submit an accountant's report which verifies the Contractor's or Sub- contractor's compliance with the Fair Wage Policy and the Fair Wage Schedule. The account's report shall be in a form satisfactory to the City's Director of Corporate Services and Treasurer or designate and shall be submitted after substantial performance of the Construction Contract as defined in the Construction Lien Act, R.S.O., c. C.30, as amended, including successor legislation. Where a Contractor or Sub-contractor has been determined to be in non- compliance with the Fair Wage Schedule for a second or subsequent time within a five (5) year period from the date of the first determination of non- compliance by the City's Manager, Supply & Services or designate, the City may: a) refuse to accept bids, quotations or proposals from that Contractor on Municipal Construction Contracts'for a period of three (3) years, save and except any Construction Contract the Contractor may currently have with the City, b) not allow that Sub-contractor to perform any construction work on any Municipal Construction Contract for a period of three (3) years, save and except any Construction Contract on which the Sub-contractor may currently be performing construction work. The Manager, Supply & Services or designate shall make available to the public a list of all Contractors and Sub-contractors who have been determined to be in non-compliance with the Fair Wage Policy or the Fair Wage Schedule or both and are subject to restrictions in accordance with #2 and/or #3 of the consequences of non-compliance. This list may be made available through the City's web page, posted through the Durham Construction Association web page, included in ICI tender calls, posted in the Purchasing Office or other suitable methods of posting. The Manager, Supply & Services or designate will require a Contractor or Sub- contractor to substitute, at its own cost, any Sub-contractor who, on the first day that the tender for the relevant Construction Contract is available for pick-up, is named on the list referred to in #4 of the Consequences of Non Compliance above, and is identified as not being allowed to perform any construction work on a Construction Contract. Policy Title: Pagel 0 of 11 Policy Number: X 105 City staff or their designates are not in any way liable, obligated or responsible to any Employee, Sub-contractor, Contractor or any other person for the payment of any monies not paid by a Contractor or Sub-contractor in accordance with the Fair Policy or the Fair Wage Schedule or both and the Pickering assumes no responsibility to any Employee, Sub-contractor or Contractor or any. other person for the administration and enforcement of the Fair. Wage Policy or the Fair Wage Schedule or both. Any employee of the Contractor or Sub-contractor is not an employee or deemed an employee of the City for any purpose. Policy Title: Page 11 of 11 Policy Number:. X ATTACHMENT #-.,~TO REPORT #=3 0- to 106- City of Toronto Fair Wage Schedule For. Illustration Purposes Only A Fair Wage Schedule for Pickering will be developed should Council approve the Policy 107 &TORON10 - Corporate Services Fair Wage Office Tel:. 416-392-7300 le Floor, West Tower, City Hall Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: fairwage@toronto.ca Visit us at www.toronto.ca/fairwage FAIR WAGE SCHEDULE 2003 - 2004 GENERAL CLASSIFICATIONS WEEKLY HOURS EFFECTIVE HOURLY *VACATION AND *FRINGE OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Security Guards Basic & Night Watch erson May 1/03 $8.75 4% $0.30 44 Security Guards Alarms CCTV Control, Etc. May 1/03 $10.81 4% $0.30 44 Security Guards K-9 Unit May 1/03 $13.46 4% $0.30 44 Security Guards Armed May 1/03 $14.50 4%. $0.30 44 BUILDING CLEANING & MAINTENANCE Cleaner (Light Duty) May 1/03 $9.78 4% $0.42 40 Cleaner (Heavy Duty) May 1/03 $11.33 4% $0.42 40 Handyman/Woman (General Maintenance & Snow Removal May 1/03 $14.16 4% $0.50 50 Window Cleaners: Interior/Exterior May 1/03 $10.04 4% - 44 Ladder May 1/03 $12.87 4% - 44 High Rise May 1/03 $18.54 4% - 44 May 2003 1 108 WEEKLY HOURS EFFECTIVE HOURLY *VACATION AND *FRINGE OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK LANDSCAPING Labourers (New) first 1200 hours only) May 1/03 $19.40 10% $6.39 50 Labourers (including sod roller operators) May 1/03 $22.05 10% $6.39 50 Landscape Gardeners, Farm Tractors without excavating attachments fork lifts, truck drivers, load bearing boom truck Operators, machine driven tools on any other equipment that is operated b remote control May 1/03 $22.20 10% $6.39 50 Form setters, concrete finishers, landscape stone setters of all types, landscape brick setters, landscape irrigation, pipe layers, float drivers, reinforcing steelperson, drillers of all types, high pressure water equipment, small trenchers, mini-skid steel loaders, and all other similar small equipment May 1/03 $22.55 10% $6.39 50 Drivers of Farm Tractor with pulverizing or fine grading equipment May 1/03 $23.35 10% $6.39 50 Dozer & Loader Operator & Backhoe Operator May 1/03 $23.50 10% $6.39 50 Grader Operator May 1/03 $23.60 10% $6.39 50 GARAGE CONCRETE REPAIRS AND RESTORATION Carpentry and Hydro Demolisher Oct 1/03 $25.10 10% $4.00 40 Skilled Workers Oct 1/03 $21.60 10% $4.00 40 Unskilled Labourer Oct 1/03 $16.10 10% $4.00 40 May 2003 2 i 109 For wage rates of classifications not covered by this Schedule, contact the Fair Wage Office. *FRINGE BENEFITS: "Fringe Benefits", shall include such benefits as company pension plans, apprenticeship training, extended health care benefits, dental and prescription drugs, etc.. It does NOT include payroll burden deductions such as C.P.P., E.H.T., W.S.I.B., E.I.C., etc. , * VACATION AND HOLIDAY PAY -10% of the hourly rate. FOR CONTRACTORS THAT DO NOT OFFER "FRINGE BENEFITS" TO THEIR WORKERS, THE FRINGE BENEFITS HOURLY RATE SHALL BE ADDED TO THE HOURLY OR WEEKLY RATE AS SHOWN ABOVE. FAIR WAGE OFFICE 18TH FLOOR, WEST TOWER, CITY HALL TELEPHONE: (416) 392-7300 FACSIMILE: (416) 392-0801 FAIR WAGE COMPLAINTS HOTLINE: (416)192-FAIR E-MAIL: fairwalze@toronto.ca May 2003 3 bITOR-0-NI-0 Services Fair Wage Office Tel: 416-392-7300 18`" Floor, West Tower, City Hall Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: fairwage@toronto.ca Visit us at www.toronto.ca/fairwage FAIR WAGE SCHEDULE 2003 - 2004 HEAVY CONSTRUCTION WORK This Schedule is applicable to the Construction, Reconstruction, Rehabilitation, Repair of Bridges, Overpasses, Underpasses, etc. This Schedule is no applicable to Resurfacing or New Road Construction, otherwise covered by the Road Building Agreement. WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE (Excluding Tunnelwork DATE RATE HOLIDAY PAY BENEFITS WORK LABOURERS: Group 1 Labourers, including labourers on stripping on all form work, erecting and dismantling of all tubular scaffolding, and wire mesh installers, carpenter's labourers, epoxy injector, group-pointer- painter, mortarperson, dinky motorperson, small mixers (under I yard), concrete workers (screed- person, puddler, floatperson) farm tractor driver, mixer person and route group pump person including non-self propelled slurry pumps, mini skid steer loaders and mini backhoes of 45 h.p. and under and similar small equipment, pitbottom person, signal person, all machinery-driven tools by gas, electric and air, in open cut work, pipelayer's helper pumps - 3" and under, heater person (under 500,000 May 1/03 $28.68 10% $7.05 45 BTU and in groups of 4 or less), Jan 1/04 $28.68 $7.30 fork lift operator, grout plant operator on surface . May 2003 1 ..111 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Grou 2 Scootcrete, sheeting and shoring person, timberperson in trench, labourers on wellpoints, pipelayers, 45 maintenance hole constructor and May 1/03 $28.93 10% $7.05 valve chamber constructor Jan 1/04 $28.93 $7.30 Group 3 Reinforced concrete workers, and form setters, jackhammerperson, concrete vibrator person, hydro May 1/03 $28.98 10% $7.05 45 demolisher person Jan 1/04 $28.98 $7.30 Group 4 Pile Installation - all types, steel strut installer and dismantler, concrete-cement finisher precast installer, erector and finisher including post-tensioning, rigging of components and sandblasting, rigger burner, pit miner, drillers, wagon drillers in caissons, underpinning or shaft sinking, lead man - pile driving, grout person, gunnite and shotcrete person, sandblasters, mixerperson and grout pump person including non-self propelled slurry May 1/03 $29.08 10% $7.05 45 pumps, shear-stud installer Jan 1/04 $29.08 $7.30 Group 5 Carpenter Form-builder,. Fabricator, Erector and welder (certified), (Rod May 1/03 $30.68 10% $7.05 45 or Semi-Automatic Jan 1/04 $30.68 $7.30 Group 6 Welder with own rig (rod or semi- May 1/03 $50.16 10% $7.05 45 automatic Jan 1/04 $50.16 $7.30 Group 7 Flag Person May 1/03 $15.77 10% $7.05 50 Jan 1/04 $15.77 $1.30 Group 8 * Casual Watchperson May 1/03 $708.50/wk. 10% $7.05 50 Jan 1/04 $708.50/wk. $7.30 * An employee working as a labourer who is required to do casual watching or work as a flagperson' on a casual or intermittent basis will not have their rate reduced thereby. May 2003 2 1.1 2 WEEKLY TRADE EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF DATE RATE HOLIDAY PAY BENEFITS WORK TUNNEL WORK Group 1 Labourers (on surface) including . labourers on stopping and tabular scaffolding, erectors, carpenter's helpers (on surface), classified labourers; (on surface) Dinky motorperson, small mixers (under 1 yard) sheeting and shoring person, pipelayers helper, mortarperson, concrete workers (screedperson- puddler- floatperson) form setters, farm tractor driver (no excavating attachment), mixer person and grout pump person including non- propelled slung pumps mini skid steer loaders and mini backhoes of 50 h.p. and under and similar small equipment, signal person, deck person, pumps - 3" and under, hopperperson (when needed) heater person (under 500,000 B.T.U. and in groups of 4 or less); carpenter May 1/03 $30.98 10% $7.05 45 improver, fork lift operator Jan 1/04 $30.98 $7.30 Group 2 Pitbottom person, caulkers, cage- signalperson, plain and reinforced concrete work person, scootcrete, underground labourers, muckers, loco-driver, labourers on well - points in tunnel, concrete vibrator person, pipelayer in tunnel, maintenance hole constructor and valve chamber constructor in tunnel, rigger burner, chucktender, concrete May 1/03 $31.53 10% $7.05 45 smoother Jan 1/04 $31.53 $7.30 May 2003 3 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Grou 3 Operators of Jackhammers and air- spades in tunnel, miners including jack-leg and stopper person, drillers - all types, locktenders, track person, yard and materials person, diamond-driller, wagon driller, pit miner on caisson, underprinning or shaft sinking, sandblaster gunite person, shotcrete person, powder person, lead concrete person, lead 10% caulker (where 4 or more caulkers May 1/03 $31.83' $7.05 45 are employed on one contract Jan 1/04 $31.83 $7.30 Grou 4 Slush driver, muck-machine driver, grout machine person and driver of concrete placing machine in tunnel, May 1/03 $32.13 10% $7.05 45 Scoop-Tram Jan 1/04 $32.18 $7.30 Grou 5 Lead miner, T.B.M. and micro tunnel operators, tunnel shield driver, tunnel mole driver, carpenter form builder-fabricator-erector, welder (certified) in tunnel (rod or May 1/03 $34.23 10% $7.05 45 semi-automatic Jan 1/04 $34.23 $7.30 Group 6 Welder (certified) with own rig (rod May 1/03 $52.26 10% $7.05 45 or semi-automatic Jan 1/04 $52.26 $7.30 Group 7 Flagperson May 1/03 $15.77 10% $7.05 50 Jan 1/04 $15.77 $7.30 Grou) 8 I Watch Person May 1/03 $708.50 10% $7.05 50 Jan 1/04 $708.50 $7.30 May 2003 4 i I i WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK OPERATING ENGINEERS: 1.1 (A) Engineers operating: cranes with a manufacturers rating May 1/03 $30.38 10% $8.01 40 of 200 ton capacity and over 1.1 (B) Engineers operating: cranes with a manufacturers rating of 100 ton capacity and up to 199 May 1/03 $29.93 10% $8.01 40 ton capacity 1.2 (A) Engineers operating: all conventional and hydraulic type cranes, save and except those set out in Article 1. above 15 ton capacity and over boom truck, clams, shovels, gradalls, backhoes, draglines, piledrivers, all power derricks.gantry cranes, caisson boring machines (over 25 HP), and similar equipment working on land or water, overhead cranes, chimney hoists, and all similar equipment working on land or water, overhead cranes, chimney hoists, multiple drum hoists, single drum hoists (over 12- stories), single drum hoists of manual friction and brake type, and all similar equipment, dredges - suction and dipper, hydraulic jacking equipment on vertical slip forms, hydraulic jacking poles, creter cranes, and scooper. Heavy duty mechanics, qualified welders and 2nd Class May 1/03 $29.18 10% $8.01 40 Stationery Engineers. Mobile um crete 42 metre boom and over 1.2 (B) Pitman type cranes of 10-ton capacity and over May 1/03 $28.70 10% T$8.01 40 May 2003 5 115 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK 1.3 Operators of: air tuggers used for installation of vesselsi tanks machinery and for steel erection; side booms on land or water; man and material hoist and single drum hoists 12-stories and under not of a manual friction and brake type; elevators, monorails, bulllmoose type, equipment of 5-ton capacity or over; air compressor feeding low pressure into air locks, tunnel mole, Yd'Class Stationery Engineers. Mobile pumpcrete save and except those listed in 1.2(A) above May 1/03 $28.23 10% $8.01 40 1.4 Operators of bulldozers (including 815 type) tractors, scrapers, graders emcos, overhead and front-end loaders side loaders, industrial tractors with excavating attachments, trenching machines, and all similar equipment. Pitman type cranes under 10-ton capacity, mobile pressure grease units, mucking machines, hydraulically operated utility pole hoe diggers, and Dinky locomotive type Engineers 4`s Class Stationery. Engineers. Kubota type backhoe and skid steer loader May 1/03 $28.06 10% $8.01 40 1.5 Operators of: hatching and crushing plants, 6" discharge pumps and over. Wellpoint systems and all similar systems, concrete mixers of 1 cubic yard and over, gas, diesel, or steam driven generator over 50 HP (portable), fork lifts over 8' lifting height, air tuggers except those in Group 1. Caisson boring machines (25 HP and under), drill rigs, post hole diggers, portable air compressors 150 CFM and over, and concrete pumps. May 103 $25.73 10% $8.01 40 Si al erson May 2003 6 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK 1.6 Operators of. boom trucks, "A" Frames driver mounted compaction units, bullmoose type equipment under 5-ton capacity fork, lifts 8' and under in lifting height and • conveyors. Fireperson. Permanent automatically controlled elevators on commerical and institutional buildings May 1/03 $24.73 10% $8.01 40 1..7(A) Operators of: Pumps under 6" discharge where 3 or more . pumps are employed on the same job site, hydraulic jacking equipment for underground oprations, portable air compressors under 150 CFM where attendant is required, and driver mounted power sweepers. Attendants for forced air, gas or oil burning temporary heating units of 500,000 BTU's or over per hour, or 5 or more on the same job site. Oilers, Oil-Drivers, and Mechanics Helpers May 1/03 $23.54 10% $8.01 40 1.7(B) 1` Year Oilers May 1/03 $23.19 10% $8.01 40 SURVEYORS Party Chief May I/03 $26.70 10% $8.01 40 Instrument Person Ma 1/03 $25.45 10% $8.01 40 Senior Rod eison May 1/03 $22.79 10% $8.01 40 Junior Rod person May 1/03 $20.12 100/0 $8.01 40 May 2003 7 117 All working foreperson will receive a minimum of ninety cents ($0.90) per hour above the trade rate of the majority of the employees in the group supervised. If an employee works more than fifty percent (50%) of their shift on a higher rated job than their regular classification, they will be paid the higher rate for the whole shift. HOURS OF WORK AND OVERTIME (A) The regular working day shall be nine (9) hours/day and subject to variation by mutual consent of the parties, shall be between 7:00 a.m. and 5:00 p.m., from Monday to Friday inclusive. (B) The standard hours of work for all employees other than watchpersons, shall be forty-five (45) hours/week, exclusive of travelling time to and from the job. (C) All work performed in excess of the regular working day of nine (9) hours from Monday to Friday, inclusive, shall be deemed overtime work. The rate of.wage shall be time and one-half (1 '/2) the regular day shift rate. All work on Saturday shall be paid for at double (2) the regular day shift rate. On a three shift operation, the 15'h shift may be worked at straight time on Saturday until 7:00 a.m. and the applicable shift premium shall be paid. NOTE: Overtime at the rate of double (2) the employees' current hourly rate shall be paid to all employees, other than watchperson for all work performed on Sundays and the following Statutory Holidays: New Year's Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day. *FRINGE BENEFITS: "Fringe Benefits" shall include such benefits as company pension plans, apprenticeship training, extended health care benefits, dental and prescription drugs, etc. It does NOT include payroll burden deductions such as C.P.P., E.H.T., W.S.I.B., E.I.C., etc. * VACATION AND HOLIDAY PAY: 10% of the hourly rate. FOR CONTRACTORS THAT DO NOT OFFER, "FRINGE BENEFITS" TO THEIR WORKERS, THE FRINGE BENEFITS HOURLY RATE SHALL BE ADDED. TO THE HOURLY OR WEEKLY RATE AS SHOWN ABOVE. FAIR WAGE OFFICE 18TII FLOOR, WEST TOWER, CITY HALL TELEPHONE: (416) 392-7300 FACSIMILE: (416) 392-0801 FAIR WAGE COMPLAINTS HOTLINE: (416) 392-FAIR E-MAIL: fairwagentoronto.ca I I May 2003 8 i IdTOROMM Fair Wage Office Tel: 416-392-7300 Corporate Services 18th Floor, West Tower, City Hall Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: fairwage©toronto.ca Visit us at www.toronto.ca/fairwage FAIR WAGE SCHEDULE 2003- 2004 * I.C.I. WORK • Industrial, Commercial, Institutional WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Asbestos Mechanics May 1/03 $30.44 10% $6.92 40 Asbestos Remover Beginner Nov 1/03 $12.00 10% $4.85 44 Asbestos Remover/Mould Nov 1/03 $21.00 10% $4.85 44 Removers Bricklayers & Stonemasons May 1/03 $30.19 10% $7.34 40 Bricklayers Labourers May 1/03 $28.41 10% $5.86 . 42.5 Builders Labourers May 1/03 $27.05 10% $5.86 40 Carpenters May 1/03 $29.61 10% $7.29 37.5 Cement (Finishers) May 1/03 $28.94 10% $5.20 40 Cement (Masons) May 1/03 $30.29 10% $3.91 40 Caulkers (Carpenters) May 1/03 $27.22 10% $5.04 37.5 Combustion Mechanics Jun 29/03 $30.40 12% $7.63 40 Boilermakers Concrete Labourers May 1/03 $27.42 10% $5.86 40 Demolition Labourers May 1/03 $20.56 10% $4.55 40 Demolition Qualified Burners May 1/03 $21.79 10% $4.55 40 Demolition Truck Drivers & May 1/03 $21.80 10% $4.55 40 Machine Operators Drywall Taper (Plasterer) May 1/03 $30.05 10% $4.50 40 May 1/04 $30.60 $4.60 Electrical Workers May 1/03 $30.81 13% $6.83 37.5 Elevator Constructors May 1/03 $36.57 12% $3.56 40 Formwork Labourers May 1/03 $27.42 10°/u $5.86 42.5 May 2003. 1 119 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Foreman Swamper May 1/03 $27.74 10% $5.86 42.5 Glaziers May 1/03 $29.11 10% $4.82 37.5 I Iron Workers (Ornamental) May 1/03 $29.54 10% $7.45 40 Iron Workers (Structural) May 1/03. $29.54 10% $7.45 40 Jackhammer Operations Labourers May 1/03 $27.42. 10% $5.86 40 Labourer-Cleaner (Sorter Labourer) May 1/03 $20.97. 10% $5.86 40 Landscape Irrigation Pipelayers May 1/03 $22.55 10% $7.39 50 Landscape Labourers May 1/03 $22.05 10% $7.39 50 Lathers (Drywall Acoustics, May 1/03 $28.81 10% $6.23 50 Boarders, Insulation Marble Masons Nov 1/03 $28.47 10% $5.34 40 Marble & Tile Helpers Nov 1/03 $26.90 10% $5.34 40 Millwrights May 1/03 $29.99 10% $6.95 40 Mortarperson Labourers May 1/03 $28.41 10% $5.86 40 Painters & Decorators May 1/03 $28.35 10% $4.85 40 Pavement Markers - Labourers Jan 1/03 $16.37 10% $2.10 40 Jan 1/04 $16.69 $2.20 Pavement Markers - Heavy Jan 1/03 $19.35 10% $5.04 40 Equipment Operators Jan 1/04 $19.74 $5.14 Traffic Sign - Labourers Jan 1/03 $19.35 10% $4.04 40 Jan 1/04 $19.74 $4.44 Pit Miner Driller, Casissons & May 1/03 $27.35 10% $5.86 40 Wagon Driller Plasterers' Labourers May 1/03 $27.25 10% $5.96 40 Plumbers & Steamfitters May 1/03 $30.81 10% $8.43 37.5 Refrigeration Mechanics May 1/03 $34.47 10% $6.99 37.5 Resilient Floor Workers May 1/03 $27.91 10% $6.34 37.5 Restoration Steeplejacks May 1/03 $24.80 10% $2.71 40 Rod Installer May 1/03 $28.57 10% $7.53 40 Roofer (Foreperson) May 1/03 $31.52 10% $3.91 40 Roofer (Journeyperson) May 1/03 $30.45 10% $3.91 40 Roofer (Material Handler) May 1/03 $29.20 10% $3.91 40 Sheet Metal Workers May 1/03 $28.94 10% $8.09 40 Sheeter/Decker Mechanic May 1/03 $28.75 10% $8.04 40 May 2003 2 120 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Sheeter/Decker Assistant May 1/03 $25.18 10% $8.04 40 Sheeter/Decker Material Handler May 1/03 $22.60 100/0 $8.04 40 Sheeter/Decker: Probationary May 1/03 $15.22 10% $8.04 40 Employee Sprinkler (Automatic Fire) May 1/03 $33.14 10% $5.43 40 Tile & Terrazzo Mechanics May 1/03 $27.85 10% $5.34 40 Nov 1/03 $28.30 $5.34 Tile & Terrazzo Helpers Nov 1/03 $26.99 10% $5.34 40 Vibrator Labourers May 1/03 $27.56 10% $5.96 42.5 Watchperson & Flagperson when May 1/03 $25.05 10% $5.96 40 Labourers are employed as Watch erson Waterblasters May 1/03 $27.05 10% $5.96 40 Waterproofers May 1/03 $28.67 10%0 $5.54 40 Welders (Acetylene, Electric, etc.) Same rate as the highest trade with whom they are working. Welder (Certified) May 1/03 $29.13 100/0 $5.84 40 Working Foreman/Woman May 1/03 $30.48 10% $5.84 40 TRUCK DRIVERS CLASSIFICATIONS Class #1 - Warehouse and storekeeper, float truck and trailer, load bearing boom truck, haulpack May 1/03 $26.67 10% $5.75 50 driver Class #2 - Ready mix, euclid type, DW 20 & 21 rear end, ejectors, and May 1/03 $26.63 10% $5.75 50 belly dumps, farm tractor, driver with 5's wheel hook u read mix Driver classification working from a portable batch plant set up by the May 1/03 $26.63 10% $5.75 50 Prime or General Contractor Class #3 - Dumpcrete, fork lift driver, 5 ton and over in warehouse, May 1/03 $26.57 10% $5.75 50 compound and storage area Class #4 - Dump truck, service trucks, flat and stake trucks, fuel trucks, bulk lift, form tractor May 1/03 $26.53 10% $5.75 50 operators, warehouse helper, fork lift driver and 5 tons May 2003 3 121 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK FOREMAN/WOMAN: $1.00/hour over all Class Rates DRIVERS HOURS OF WORK: ICI - 40 Hours SITE PREPARATION - 45 Hours GENERAL CONTRACTORS SECTION Oneratine Engineers: 1.1(A) Engineers operating: cranes with a manufacturers rating of 200 ton capacity and over. May 1/03 $30.38 10% $8.01 40 1.1(B) Engineers operating: cranes with a manufacturers rating of 100 ton capacity and up to 199 ton capacity, skyway, climbing, G.C.I., hammerhead and kangaroo type May 1/03 $29.93 10% $8.01 40 cranes 1.2(A) Engineers operating: all conventional and hydraulic type cranes, save and except those set out in Article L I above, 15 ton capacity and over boom truck, clams, shovels, gradalls, backhoes, draglines, piledrivers, all power derricks, gantry cranes, caisson boring machines (over 25 HP), and similar drill rigs,. mine hoists, and all similar equipment working on land or water, overhead cranes, chimney hoists, multiple drum hoists, single drum hoists (over 12-stories), single drum hoists of manual friction and brake type, and all similar equipment, dredges - suction and dipper, hydraulic jacking equipment on vertical slip forms, hydraulic jacking poles, creter cranes, and hydraulic scooper. Heavy duty mechanics, qualified welders and 2ad Class Stationary Engineers. Mobile pumpcrete with 42 metre boom and. over. May 1/03 $29.18 10% $8.01 40 1.2(B) Pitman type cranes of 10-ton capacity and over. May 1/03 $28.70 10% $8.01 40 i May 2003 4 .4rZZ WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK 1.3 Operators of air tuggers used for installation of vessels, tanks machinery and for steel erection; side booms on land or water; man and material hoist. and single drum hoists 12-stories and under not of a manual friction and brake type; elevators except as set out in Article 1.6, monorails, bullmoose type, equipment of 5-ton capacity or over; - air compressor. feeding low pressure into air locks, tunnel mole, 3'd Class Stationery Engineers. Mobile pumpcrete save and except those listed in 1.2(A) above. May 1/03 $28.23 10% $8.01 40 1.4 Operators of bulldozers (including 815 type) tractors, scrapers, graders, emcos, overhead and front-end loaders side loaders, industrial tractors with excavating attachments, trenching machines, and all similar equipment. Pitman type cranes under 10-ton capacity, mobile pressure grease units, mucking machines, hydraulically operated utility pole hole diggers, and Dinky locomotive type engines. 4th Class Stationery Engineers. Kubota type backhoe and skid steer loader. May 1/03 $28.06 10% $8.01 40 1.5 Operators of batching and crushing plants, 6" discharge pumps and over, wellpoint systems and all similar systems, concrete mixers of 1 cubic yard and over, gas, diesel, or steam driven generator over 50 HP (portable), fork lifts over 8' lifting height, air tuggers except those in Group 1.3, Caisson boring machines (25 HP and under), drill rigs, post hole diggers, portable air May 1/03 $25.73 10% $8.01 40 compressors 150 CFM and over, and concrete pumps, signal person. 1.6 Operators of boom trucks, "A" Frames driver mounted compaction units, bullmoose type equipment under 5-ton capacity, fork lifts 8' and under in lifting height and conveyors. Fireman/Woman. Permanent automatically controlled elevators on commercial and May 1/03 $24.73 10% $8.01 40 institutional buildings. I May 2003 g 123 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK 1.7(A) Operators of: Pumps under 6" discharge where 3 or more pumps. are employed on the same job site, . hydraulic jacking equipment for underground operations, portable air compressors under 150 CFM where attendant is required, and driver mounted power sweepers. Attendants for forced air, gas or oil burning temporary heating units of 500,000 BTU's or over per hour, or 5 or more on the same job site. 40 Oilers, oil- drivers, and mechanics May 1/03 $23.54 10% $8.01 helpers. 1.7(B) 1 n Year Oilers. May 1/03 $23.19 10% $8.01 40 Surveyors: Party Chief May 1/03 $26.70 10% $8.01 40 Instrument Person May 1103 $25.45 10% $8.01 40 Senior Rodperson May 1/03 $22.79 10% $8.01 40 Junior Rodperson May 1/03 $20.12 10% $8.01 .40 May 2003 6 124 HOURS OF WORK AND OVERTIME (A) For Building Construction (Operating Engineers) Eight (8) hours/day, 40 hours/week, Monday to Friday, inclusive, time and one-half of the regular day shift rate shall be paid for the first hour of overtime; all work in excess of hours noted & Saturday, Sunday and Holidays, double the regular day shift rate. (B) Excavations, Site Preparation, Sewers and Watermains. Site preparation shall mean the excavating of ground to sub-grade level and shall not include pile-driving, drilling, boring ductwork or tunnel work. Ten (10) hours/day, 50 hours/week, Monday to Friday inclusive. IRON WORKERS (Structural, architectural): includes Rivetters, Riggers, Heaters, Sash Erectors and Machinery Movers. *FRINGE BENEFITS: "Fringe Benefits" shall include such benefits as company pension plans, apprenticeship training, extended health care benefits, dental and prescription drugs, etc. It does NOT include payroll burden deductions such as C.P.P., E.H.T., W.S.I.B., E.I.C., etc. * VACATION AND HOLIDAY PAY: FOR CONTRACTORS THAT DO NOT OFFER "FRINGE BENEFITS" TO THEIR WORKERS, THE FRINGE BENEFITS HOURLY RATE SHALL BE ADDED TO THE HOURLY OR WEEKLY RATE AS SHOWN ABOVE. FAIR WAGE OFFICE 18'x' FLOOR, WEST TOWER, CITY HALL TELEPHONE: (416) 392-7300 FACSIMILE: (416) 392-0801 FAIR WAGE COMPLAINTS HOTLINE: (416) 392-FAIR E-MAIL: fairwage(altoronto.ca i May 2003 7 125 &TOR' NM Corporate Services Fair Wage Office Tel: 416-392-7300 18`~ Floor, West Tower, City Hall Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: fairwage aC3toronto.ca Visit us at www.toronto.calrairwage FAIR WAGE SCHEDULE 2003- 2004 ROAD BUILDING WORK This schedule is applicable to Resurfacing and New Road Construction, including Parking Lots. This schedule is not applicable to bridge coverleaf or construction work, otherwise covered by Heavy Construction Agreement. WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK CONSTRUCTION Labourers: Labourers (incl. wiremesh and steel reinforcing), Operators of pumps three inches in diameter and under. Interlocking stone and Gabion Installers. Labourers' (operating all machine-driven tools by gas, air or electricity, including plate tempers), operators of self-propelled hand May 1/03 $26.19 10% $6.74 50 compactors walk behind); Jan 1/04 $26.19 $6.99 Concrete Workers Screedperson, Puddlers,Floatperson. Fence Erectors (chain link and other types including snow fences). Guard Rail Installers. Diamond Saw Operators Qackhammerperson) Sound Barrier Erectors. May 1/03 $26.19 10% $6.74 50 Maintenance Hole Builders. Jan 1/04 $26.19 $6.99 Grade Person, Asphalt Rakers Concrete Road, curb and side walk finisher, Form Setters. Curb Setters. Brick Setters. Pipe Layers. Curb Machine Operators. Concrete Paving Track Setters. Tail End May 1/03 $27.69 10% $6.74 50 Paver and Asphalt Grinder. Jan 1/04 $27.69 $6.99 Traffic Control Person; Casual May 1/03 $18.19 10% $6.74 50 Watch Person Jan 1/04 $18.19 $6.99 May 2003 1 126 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK *Watchperson (for 6 nights duty/10 May 1/03 $626.50 per wk 10% $6.74 50 hours/day 50 hours/week . Jan 1/04 $626.50 per wk $6.99 * An employee working as a labourer who is required to do casual watching or work as a flagperson on a casual or intermittent basis, will not have their rate reduced thereb . TRUCK DRIVERS: May 1/03 $28.75 10% $4.50 50 Truck Drivers - Including off Jan 1/04 $28.98 $4.50 Highway Fuel Truck Drivers May 1/03 $28.75 10% $4.50 50 Jan 1/04 $28.98 $4.50 Load Bearing Boom Drivers, Dumpcrete Drivers, and Pup Dump May 1/03 $28.85 10% $4.50 50 Trailer Drivers, Flo Boy and Tractor Jan 1/04 $29.08 $4.50 Trailer; Dump Truck Tag-a-long over 15 Ton Truck Train Drivers, Custom Mobile May 1/03 $28.95 10% $4.50 50 Mixer Units (truck or trailer Jan 1/04 $29.18 $4.50 mounted Float Drivers May 1/03 $29.35 10% $4.50 50 Jan 1/04 $29.58 $4.50 OPERATING ENGINEERS: Shovels, Backhoes, Dragline, May 1/03 $28.32 10% $7.85 50 Gradall Clams (on site), Grader Jan 1/04 $28.55 $7.85 Operator "A" Clam Operator (yard), Mechanics, May 1/03 $28.06 10% $7.85 50 Welders Jan I/04 $28.29 $7.85 Pitman-Type Operator (hydra-lift, May 1/03 $27.86 10% $7.85 50 truck-mounted hydraulic crane Jan 1/04 $28.09 $7.85 Bulldozer Operators (D-4 equiv. or over), Front-end Loader Operators (I cu. yd. and over), Scrapers - self- Mayl/03 $27.72 10% $7.85 50 propelled. Mixer Person on Asphalt Jan 1/04 $27.95 $7.85 Plant. Concrete Curb Machine Operator. Asphalt Spreader Operator (self-propelled) Concrete Paver Operators, Asphalt May 1/03 $27.62 10% $7.85 50 Plainer Operators "A", Engineers Jan 1/04 $27.85 $7.85 on Boilers with papers) I i May 2003 2 127 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Farm & Industrial - type tractor with May 1/03 $27.46 10% $7.85 50 excavating attachments Operators, Jan 1/04 $27.69 $7.85 Grader Operator "B", Asphalt/Rollerperson "A", Boiler Fire person without papers) Roller Operator (asphalt) "B" May 1/03 $27.10 10% $7.85 50 . Jan 1/04 $27.33 $7.85 Bulldozer Operators (under D-4 or Equivalent), Front-end Loader May 1/03 $27.06 10% $7.85 50 Operator (under I cu. yd.) Packer Jan 1/04 $27.25 $7.85 with blade Farm and Industrial Type Tractor Operator (towing compaction units), May 1/03 $25.32 10% $7.85 50 Grade Rollerperson, including self- Jan 1/04 $25.55 $7.85 propelled rubber tire rollers. Asphalt Planer "B" (max. 2' wide) SHIFT PREMIUM A shift premium of $1.75/hour will be paid for all work performed on a shift starting after 4:00 p.m. HOURS OF WORK AND OVERTIME (A) The standard hours of work for all employees, other than watchperson and engineers on boilers shall be based on 50 hours/week exclusive of travelling time to and from the job. (B) Overtime at the rate of time and one-half the employee's current hourly rate shall be paid to all employees, other than watchperson; for all work performed in excess of 10 hours/day, or in excess of 50 hour/week or on Saturdays. On a three shift operation, the 156' shift may be worked at straight time on Saturday unti17:00 a.m. and the applicable shift premium shall be paid. . (C) Overtime at the rate of double the employee's current hourly rate shall be paid to all employees, other than watchperson and Engineers on boilers for all work performed on Sundays and on the following Statutory Holidays: New Year's Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day. The provision of this sub-paragraph do not apply to repairer in emergency. (D) Watchperson and engineers on boilers shall receive overtime payment at the rate of time and one-half the employee's current hourly rate for all work performed on such employee's seventh consecutive shift. May 2003. 3 128 *FRINGE BENEFITS: "Fringe Benefits" shall include such benefits as company pension plans, apprenticeship training, extended health care benefits, dental and prescription drugs, etc. It does NOT include payroll burden deductions such as C.P.P., E.H.T., f W.S.I.B., E.I.C., etc. * VACATION AND HOLIDAY PAY: 10% of the hourly rate. FOR CONTRACTORS THAT DO NOT OFFER "FRINGE BENEFITS" TO THEIR WORKERS, THE FRINGE BENEFITS HOURLY RATE SHALL BE ADDED TO THE. HOURLY OR WEEKLY RATE AS SHOWN ABOVE. FAIR WAGE OFFICE 18TH FLOOR, WEST TOWER, CITY HALL TELEPHONE: (416) 392-7300 FACSIMILE: (416) 392-0801 FAIR WAGE COMPLAINTS HOTLINE: (416) 392-FAIR E-MAIL: fairwage a,toronto.ca May 2003 4 129 TORONTO Corporate Services Fair Wage Office Tel: 416-392-7300 18t° Floor, West Tower, City Hall Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: fairwaae@toronto.ca Visit us at www.toronto.calfairwage FAIR WAGE SCHEDULE 2003 - .2004 SEWER AND WATERMAIN CONSTRUCTION WEEKLY EFFECTIVE HOURLY .*VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK SCHEDULE"A" "Open Cut" Sewer CLASSIFICATION: LABOURERS: Labourers; Pump person, (3" May 1/03 $26.79 10% $6.50 50 discharge and under); Heater person Jan 1/04 $26.79 $6.75 u to 5 heaters Small Mixer Driver (under 1 yard); Dinky Mortar person; Sheeting and Shoring person; Miners and Driller's Helper; Power person helper; Motor person; Scootcrete Driver; Screed person; Puddlers; Float person on Concrete; Jackhammer person; Well-point installer; Encasement .May 1/03 $27.39 10% $6.50 50 Form Setters; Signal person; Jan 1/04. $27.39 $6.75 Rammax Tamper Pipelayer's Helper; Concrete finishers; Concrete Patcher Inside Pipe; Catch Basin Installer; Diamond saw cutter; Watermain Tapper; Precast Manhole Installer; May 1/03 $27.53 10% $6.50 50 Manhole Builders, Drillers, All types Jan 1/04 $27.53 $6.75 including associated equipment May 2003 1 130 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Caulker (cast iron, tile, concrete, asbestos, cement, plastic, etc.); Wagon Driller; Box Sewer Constructor Form Setter and May 1/03 $27.79 10% $6.50 50 Reinforcing person and Fusion Jan 1/04 $27.79 $6.75 Welder Pipelayers (including use of laser for pipe-laying); Manhole and Valve Chamber Constructor; Top person; Miners; Drillers, Shaft Sinker Timber person; Grout- May. 1/03 $28.79 10% $6:50 50 Machine person; Powder person Jan 1/04 $28.79 $6.75 Blaster; Welder Watch person (for 6 nights duty) May 1/03 $833.00 per wk. 10% $6.50 50 Jan 1/04 $833.00 per wk. $6.75 LABOURERS: *Traffic Control person & Casual Watchperson May 1/03 $20.94 10% $6.50 50 Jan 1/04 $21.39 $6.75 * All employees working as a labourer who is required to do casual watching or work as a flagperson on a casual or intermittent basis will not have his/her rate reduced thereby. TRUCK DRIVERS: Drivers of dump trucks, pickup service trucks, bulk lift trucks, farm tractors without attachments and off May 1/03 $29.12 10% $4.50 50 highway trucks Jan 1/04 $29.35 $4.50 Fuel Truck Drivers and Load bearing May 1/03 $2932 10% $4.50 50 Boom Truck Drivers Jan 1/04 $29.45 $4.50 Float Drivers, Custom Mobile Mixer May 1/03 $29.52 10% $4.50 50 Units, Truck or Trailor Mounted Jan 1/04 $29.75 $4.50 OPERATING ENGINEERS: Engineers operating cranes, clams, shovels, backhoes, derricks, pile- drivers, gradalls, mobile cranes, caisson boring machines 25 HP and May 1/03 $29.17 10% $7.95 50 over, side booms and similar Jan 1/04 $29.40 ' $7.95 equipment Grade "A" and fine grade bulldozer Operators May 1/03 $28.92 10% $7.95 50 Jan 1/04 $29.15 $7.95 May 2003 2 1 31. WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Heavy-duty field mechanics, equipment repair welders, operators of pitman type crane May 1/03 $28.67 10% $7.95 50 (Hydra-Lift truck Mounted Jan 1/04 $28.90 $7.95 hydraulic) Operators of bulldozers, tractors, scrapers, emcos, graders "B", overhead loaders and similar Equipment, farm and industrial tractors with excavating attachments, trenching machines, May 1/03 $28.57 10% $7.95 50 and caisson boring machines under Jan 1/04 $28.80 $7.95 25 HP Service person on shovels; compressors, Pumps, Boom Truck Drivers; Operators of 5 or more May 1/03 $27.82 10% $7.95 50 heaters; Packer with glade Jan 1/04 $28.05 $7.95 Self propelled Rollers May 1/03 $25.70 10% $7.95 50 Jan 1/04 $25.93 $7.95 Oilers, Greasers, Mechanics: Helpers Third Year: May 1/03 $26.60 10% $7.95 50 Jan 1/04 $26.83 $7.95 Second Year: May 1/03 $25.60 10% $7.95 50 Jan 1/04 $25.83 $7.95 First Year: May 1/03 $24.60 10% $7.95 50 Jan 1/04 $24.83 $7.95 HOURS OF WORK AND OVERTIME (A) Overtime at the rate of time and one-half the employee's hourly rate shall be paid to all employees, except watchperson, for all work performed in excess of forty-eight hours/week, made up of four ten hour days, Monday to Thursday inclusive, and one eight-hour day on Friday, excluding travelling time to and from the job. It is understood that if there is inclement weather during the week, that Friday will be a ten-hour day, if required. (B) Overtime at the rate of time and one-half the employee's current hourly rate shall be paid to all employees, except watchperson and float drivers, for all work performed on Saturdays. Operating Engineers double time for Saturdays. (C) Overtime at the rate of double the employee's current hourly rate shall be paid for all employees except watchperson, for all work performed on Sundays or the Statutory Holidays listed namely (Labourers & Teamsters): New Year's Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. (D) Watchpersons shall receive overtime payment at the rate of time and one-half the employee's current hourly pay rate for all work performed on such employee's seventh consecutive shift. SHIFT PREMIUM - OPERATING ENGINEERS A shift premium of $1.00/hour will be paid for all work performed on any shift commencing after 12:00 o'clock noon or before 5:30 o'clock a.m. May 2003 3 i 132 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK SCHEDULE "B" Tunnel Work A schedule applying to "Tunnel Work" which is to be interpreted to mean project called as a Tunnel, and may not include Tunnel Work which is incidental to "Open Cut" work for Sewer and Watermain Construction up to 50 feet in length CLASSIFICATION: LABOURERS: Labourers (surface); Signal person; Dock person; Pump person (3"); Hopper person; Heater person (up to 5 heaters); Yard and Material May 1/03 $29.09 10% $6.50 40 person; Gage Tender; Wellpoint Jan 1/04 $29.09 $6.75 Installers; Drillers, all types including associated equipment Labourers (underground); Muckers; Loco Driver; Track person; Caulker; Shaft Sinker Helper; Concrete. Finisher; Concrete Driller May 1/03 $30.04 10% .$6.50 40 Worker; Setter; Mixer person (under Jan 1/04 $30.04 $6.75 l and Locktender May 1/03 $30.39 10% $6.50 40 Jan 1/04 $30.39 $6.75 Miner; Driller; Diamond Driller; Timber person; Jackleg person; Mucking Machine. Driver; Shaft Sinker; Pipe Jacker Slush Drivers; Wagon Driller (underground); Cole Cutter Driver; Powder person Blaster Lead Concrete person; all labourers on pile-driver operations; Miner for caisson and underpinning; Maintenance hole Constructor; Operators of air spades and jackhammer at the face ; Nozzle person and Concrete Pump; Reinforcing Rod Placer; Cement May 1/03- $31.04 10% $6.50 40 Mason; Welder; Shotcrete person; Jan 1/04 $31.04 $6.75 Stopper person; Auger person; Carpenter May 2003 4 • I 133 WEEKLY EFFECTIVE HOURLY *VACATION AND. *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Lead Miner; Tunnel Shield, Mole May 1/03 $31.89 10% $6.50 40 and similar equipment Drivers; Jan 1/04 $32.04 $6.75 Working Fore person i * Watch person (for 6 nights duty) May 1/03 $833.00 per wk. 10% $6.50 50 Jan 1/04 $833.00 net wk. $6.75 * An employee working as a labourer who is required to do casual watching or work as a flagperson on a casual or intermittent basis will not have his/her rate reduced thereby. TRUCK DRIVERS: Drivers of Dump Trucks, pickup service trucks, bulk lift trucks and May 1/03 $29.64 10% $4.50 40 farm tractors without attachments, Jan 1/04 $29.87 $4.50 off highway trucks Fuel Truck Drivers, Load bearing boom truck drivers and drivers of May 1/03 $29.74 10% $4.50 40 dump trucks with tag along Jan 1/04 $29.97 $4.50 attachments over 15 tons Float Drivers, custom mobile mixer May 1/03 $29.42 10% $4.50 40 units truck or trailer mounted Jan 1/04 $29.64 $4.50 OPERATING ENGINEERS: Engineers operating all hoists, hoisting materials out of shafts, tuggers and derricks with lifting ll capacity over 2,000 lbs.; compressor May 1/03 $29.14 10% $7.95 45 hose set-up person Jan 1/04 $29.37 $7.95 Heavy-duty Field Mechanics; Engineers operating shaft hoist, tuggers and derricks 2,000 lbs. or less; Compressor Operators 500 CFM or over Jan 1/04 $29.12 10% $7.95 45 I May 2003 5 134- PREMIUM RATES IN COMPRESSED AIR: (LABOURERS AND TRUCK DRIVERS CLASSIFICATIONS ONLY): The following sliding scale of premium rates shall apply to workers in compressed air: PREMIUM PER SHIFT AIR PRESSURE MAY 1/00 . 1 to 14 pounds $16.00 15 to 20 pounds $19.50 21 pounds $23.50 (A) For air pressure over twenty-one pounds (21 lbs.), the employer agrees to pay two dollars ($2.00) per pound compressed air premium for each pound over twenty-one pounds (21 ibs.), in addition to the twenty-one pound (21 lb.) rate. i (B) Where employees are required to work in compressed air, they shall receive a minimum of nine (9) hours/day or shift; it being understood and agreed that the ninth (9th) hour shall be paid at straight time rates. (C) It is understood and agreed that air pressure premium will be paid/shift regardless of the time spent by an employee in compressed air, save and except when an employee voluntarily leaves the air. Rest periods as required by law when working under air pressure are to be paid, and no deduction will be made for a meal break falling in the rest period between the two working periods. (D) HOT BEVERAGES (i) The employer shall, at his own expense, supply sugar and hot beverages for employees working in compressed air during rest periods. (ii) Containers and cups for the beverages required as outlined above, shall be maintained in a clean and sanitary condition and kept stored in a closed container. PREMIUM RATES IN COMPRESSED AIR: (OPERATING ENGINEERS CLASSIFICATION ONLY): PREMIUM PER SHIFT AIR PRESSURE MAY 1/00 i I to 14 pounds $16.00 15 to 20 pounds $19.50 2.1 pounds $23.50 Over 21 pounds $2.00/lb over and above the rate for 21 lbs. May 2003 6 i 135 HOURS OF WORK AND OVERTIME (A) Overtime at the rate of time and one-half the employee's current hourly rate shall be paid to all employees, except watchpersons, for all work performed in excess of eighthours/day, Monday to Friday inclusive, excluding travelling time to and from the job, and excluding work in compressed air where overtime at the rate of one and one-half shall be paid for work in excess of nine (9) hours/day. (B) Overtime at the rate of time and one-half the employee's current hourly rate shall be paid to all employees except watchperson, for all work performed on Saturday. All Operating Engineers classifications will be paid double the employees hourly rate for all work performed on Saturday. (C) Overtime at the rate of double the employee's current hourly rate shall be paid to all employees except watchperson, for all work performed on Sundays and on the following Statutory Holidays - namely (Labourers): New Year's Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. (D) Watchpersons shall receive overtime payment at the rate of time and one-half the employee's current hourly rate for all work performed on such employee's seventh consecutive shift. SHIFT PREMIUM (LABOURERS AND TEAMSTERS ONLY) Second Shift and Third Shift. $2.50 OPERATING ENGINEERS $2.45/hour for second and third shift. *FRINGE BENEFITS: "Fringe Benefits" shall include such benefits as company pension plans, apprenticeship training, extended health care benefits, dental and prescription drugs, etc. It does NOT include payroll burden deductions such as C.P.P., E.H.T., W.S.I.B., E.I.C., etc. * VACATION AND HOLIDAY PAY: 10% of the hourly rate. FOR CONTRACTORS THAT DO NOT OFFER "FRINGE BENEFITS" TO THEIR WORKERS, THE FRINGE BENEFITS HOURLY RATE SHALL BE ADDED TO THE HOURLY OR WEEKLY RATE AS SHOWN ABOVE. FAIR WAGE AND OFFICE 18TH FLOOR, WEST TOWER, CITY HALL TELEPHONE: (416) 392-7300 FACSIMILE: (416) 392-0801 FAIR WAGE COMPLAINTS HOTLINE: (416) 392-FAIR E-MAIL: fairwageatoronto.ca May 2003 7 136 biTOROMO Corporate Services Fair Wage Office Tel: 416-392-7300 18'" Floor, West Tower, City Hall Fax: 416-392-0801 Hotline: 416-392-FAIR E-mail: fairwage@tomnto.ca Visit us at www.toronto.ca/fairwage FAIR WAGE SCHEDULE 2003 - 2004 UTILITY WORK WEEKLY EFFECTIVE HOURLY -VACATION AND -FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Labourers (unskilled) May 1/03 $26.79 10% $6.30 40 Jan 1/04 $26.79 $6.40 Powderperson Helper May 1/03 $26.84 10% $6.30 40 Jan 1/04 $26.84 $6.40 Labourers (semi-skilled) strippers; scootcrete and calf dozer; driver; portable compressor; small mixer and pump person (4" discharge and under); groutperson; mortar person; May 1/03 $26.89 10% $6.30 40 job site storeperson and lumber yard Jan 1/04 $26.89 $6.40 attendant; farm tractor driver Labourers (skilled - Group No. 1) pipelayers (excluding conduit); jack May 1/,03 $26.94 10% $6.30 40 hammer operator; air auger person; Jan 1/04 $26.94 $6.40 form setters; concrete finishers Labourers (skilled - Group No. 2) May 1/03 $26.99 10% $6.30 40 drillers (all types); wagon drills, Jan 1/04 $26.99 $6.40 etc.; owde erson Labourers (skilled - Group No. 3) May 1/03 $27.29 10% $6.30 40 Carpenters; lineperson; float driver; Jan 1/04 $27.29 $6.40 truck driver Labourers (skilled - Group No. 4) tunnel workers; where tunnel is in May 1/03 $27.79 10% $6.30 40 excess of ten feet in length, Jan 1/04 $27.79 $6.40 excluding shallow tree tunnels Working foreperson May 1/03 $27.64 10% $6.30 40 Jan 1/04 $27.64 $6.40 May 2003 1 137 WEEKLY EFFECTIVE HOURLY *VACATION AND *FRINGE HOURS OF TRADE DATE RATE HOLIDAY PAY BENEFITS WORK Flagperson May 1/03 $18.92 10% $6.30 40 Jan 1/04 $18.92 $6.40 Watchperson (48 hours per week) May 1/03 $849.28 per wk. 10% $6.30 48 Jan 1/04 $849.24 per wk. $6.40 NOTE: An employee working as a labourer who is required to do casual watching or work as a flagperson on a casual or intermittent basis will not have his/her rate reduced thereby. OPERATING ENGINEERS Engineers operating cranes, including Austin Western type & Pitman-type (over 8 ton), backhoes, May 1/03 $27.91 10% $7.92 40 hydraulic or cable type side booms, Jan 1/04 $28.14 $7.92 gradalls and similar equipment Mechanics & welders (on site), operators of bulldozers D4 and over; front-end loaders, Icu. yd. & over; industrial type backhoes with excavating attachments; trenching May 1/03 $27.43 10% $7.92 40 machines over Davis 300 and Jan 1/04 $27.66 $7.92 similar equipment to foregoing Operators of bulldozers, under D4; well points and all types of dewatering systems, 6" discharge and over; Front-end loaders under 1 cu. yd; augers and boring equipment other than air activated under 8" (save as excluded in memorandum May 1/03 $27.23 10% $7.92 40 between I.U.O.E., & Labourers' Jan 1/04 $27.45 $7.92 International Union Shop and standby time May 1/03 $27.08 10% $7.92 40 Jan 1/04 $27.30 $7.92 TRAINEES SHALL BE EMPLOYED AT A PERCENTAGE OF THE APPLICABLE JOURNEYMAN RATE AS FOLLOWS: First 1500 hours =75% Second 1500 hours = 90% I May 2003 2 i *FRINGE BENEFITS: "Fringe Benefits" shall include such benefits as company pension plans, apprenticeship training, extended health care benefits, dental and prescription drugs, etc. It does NOT include payroll burden deductions such as C.P.P., E.H.T., W.S.I.B., E.I.C., etc. * VACATION AND HOLIDAY PAY; 10% of the hourly rate. FOR CONTRACTORS THAT DO NOT OFFER "FRINGE BENEFITS" TO THEIR WORKERS, THE FRINGE BENEFITS HOURLY RATE SHALL BE ADDED TO THE HOURLY OR WEEKLY RATE AS SHOWN ABOVE. FAIR WAGE OFFICE 18TH FLOOR, WEST TOWER, CITY HALL TELEPHONE: (416) 392-7300 FACSIMILE: (416) 392-0801 FAIR WAGE COMPLAINTS HOTLINE: (416) 392-FAIR E-MAIL: fairwage(&-toronto.ca i i. May 2003 3