COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT BETWEEN BLUEWATER POWER DISTRIBUTION CORPORATION ELECTEK POWER SERVICES INC. BLUEWATER POWER SERVICES CORPORATION AND LOCAL UNION NO OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS A.F.L./C.I.O./C.L.C. April 1, 2014 March 31, 2017

2 Article INDEX (alphabetical) Page 27.0 Accidents Covered by Workplace Safety and Insurance Act Arbitration Bereavement Allowance Benefits (Limitation of) Boot Allowance (Safety) Call Out Clothing Allowance & Standards Collection of Dues Compassionate Day Consulting Committee Definition of Employees Dental Plan Driver s License Duration of Agreement Grievance Procedure Hours of Work Jury Duty Layoffs Life Insurance Lineperson s Progression Long Term Disability Management Rights Maternity and Parental Leaves Meals When Working Overtime Medical Examinations Medical and Hospital Benefits Membership (Union) Mileage Allowance Miscellaneous Provisions Off Fridays Overtime Paid Holidays Pay Days Personal Time Off Purpose of Agreement Recognition (Union) Relationship (Management & Union) Safety Rules Seniority Shift Differential Sickness Allowance (Interpretation) Sickness Allowance (Schedule) Sickness Allowance (Length of Service) Standby Staff Changes Vacation Allowance & Schedule Wage Schedule & Classifications Working Equipment Workplace Safety and Insurance Board (i)

3 Article INDEX (numerical) Page 1.0 Purpose of Agreement Recognition (Union) Relationship (Management & Union) Management Rights Grievance Procedure Arbitration Membership (Union) Collection of Dues Definition of Employees Seniority Staff Changes Consulting Committee Hours of Work Overtime Shift Differential Personal Time Off Meals When Working Overtime Standby Paid Holidays Vacation Allowance & Schedule Sickness Allowance (Interpretation) Sickness Allowance (Schedule) Sickness Allowance (Length of Service) Medical Examinations Medical and Hospital Benefits Dental Plan Life Insurance Accidents Covered by Workplace Safety and Insurance Act Benefits (Limitation of) Bereavement Allowance Working Equipment Safety Rules Driver s License Pay Days Miscellaneous Provisions Wage Schedule & Classifications Lineperson s Progression Duration of Agreement Addendum A (All) Addendum B (Bluewater Power Services) Addendum C (Electek) (ii)

4 THIS AGREEMENT Made and entered into this thirtieth day of October 2014 Between BLUEWATER POWER DISTRIBUTION CORPORATION ELECTEK POWER SERVICES INC. BLUEWATER POWER SERVICES CORPORATION Hereinafter referred to as Bluewater Power PARTY OF THE FIRST PART And LOCAL UNION NO OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS A.F.L./C.I.O./C.L.C. Hereinafter referred to as the Union PARTY OF THE SECOND PART

5 Throughout this agreement masculine or feminine and singular or plural pronouns may be used interchangeably in reference to employees. Whereas Bluewater Power and the Union have entered into this Agreement, hereinafter where the terms mutually agreed upon appear, such terms shall refer to mutual agreement between the parties to this Agreement. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: Article 1.0 PURPOSE 1.1 Bluewater Power and the Union desire to cooperate and work harmoniously together in promoting their mutual interest. It is their desire to provide orderly procedure for collective bargaining, orderly procedure for the prompt and equitable disposition of grievances and for the maintenance of mutually satisfactory hours of work, wages and working conditions. Article 2.0 RECOGNITION 2.1 Bluewater Power hereby recognizes the Local Union 1802 of the IBEW as sole collective bargaining agent for all employees in classifications listed in Article If and when any new classification is created in Bluewater Power during the life of this Agreement, prior to posting the matter shall be made known to the Union and opportunity be given to determine whether the classification comes within the scope of the Bargaining Unit. If the new classification comes within the scope of the Bargaining Unit, the wages, hours of work and working conditions shall be negotiated within 30 calendar days between Bluewater Power and the Union. Article 3.0 RELATIONSHIP 3.1 Bluewater Power agrees that it will not in any manner object to any employee being or becoming a member of the Union and will not in any manner interfere with nor discriminate against any employee because of his/her membership or proposed membership in the Union. The employees, collectively or otherwise will not in any manner interfere with, nor attempt to limit the rights of Bluewater Power or the rights of any officer duly authorized to act by Bluewater Power on its behalf. Bluewater Power and the Union agree to meet, and deal with each April 1,

6 other through their duly accredited representatives on any grievance affecting the terms and provisions of this Agreement arising during the life of this Agreement or any matter of interpretation of its terms. 3.2 The Union agrees that its members shall execute their work including overtime in a manner consistent with the interests of Bluewater Power and with an attitude which will gain the respect and goodwill of Bluewater Power s customers. Article 4.0 MANAGEMENT RIGHTS 4.1 The Union acknowledges that it is the exclusive right and function of Bluewater Power to manage its business and direct its working forces including, but not limited to the following: (a) (b) (c) (d) (e) To maintain order and efficiency, formulate and enforce system rules and regulations, including safety rules, such rules and regulations to be consistent with the terms of this Agreement. To hire, discipline, discharge for just cause unless mutually agreed upon, lay off, classify, transfer, promote and demote any employee subject to the provisions hereinafter provided in this Agreement. Bluewater Power trades personnel within the bargaining unit shall not be required to work with contractor employees on an integrated crew basis except in emergency situations or when mutually agreed upon to be safe by the Employee(s) and Supervisor directly involved. Supervisory staff shall not use the tools or perform the work of bargaining unit employees except for training and emergency situations and unforeseen circumstances until the appropriate staff can respond. To temporarily appoint/accept qualified personnel to Lead Hand and Sub Foreman position as required. Within the Lines Group, qualified personnel are as defined in Article 18.1(a). Article 5.0 GRIEVANCE PROCEDURE 5.1 Bluewater Power will recognize a Labour Relations Committee of not more than five (5) members from the employees of Bluewater Power. April 1,

7 5.2 The Union shall supply Bluewater Power with a list of members of the Labour Relations Committee to be revised from time to time as changes occur. Bluewater Power shall supply the Union with a list of supervisors under the Department Heads to whom grievances or other relevant matters may be submitted as the occasion may arise, in accordance with the grievance steps outlined below in No grievance shall be considered where the circumstances giving rise to it occurred or originated more than seven full working days before filing of the grievance. The only exception shall be that if a concerned employee is on vacation, or being paid under provision of the Workers Insurance and Safety Board or drawing sick pay allowance at the time of the incident, he/she shall have three working days commencing from the time he/she returns to work to enter a grievance. However, no grievance will be considered after 30 calendar working days of the circumstance giving rise to the grievance. 5.4 Grievances properly arising under this Agreement shall be adjusted and settled as follows: Step No. 1 The aggrieved employee shall present his/her grievance orally or in writing to his/her immediate supervisor or foreman. If a settlement satisfactory to the employee concerned is not reached within three full working days (or a longer period which may be mutually agreed upon by the parties to this Agreement) the grievance may be presented as follows at any time within three full working days thereafter. Step No. 2 The aggrieved employee may present his/her grievance in writing to the Labour Relations Committee of the Union who shall investigate the matter and decide whether the grievance has merits. If the Labour Relations Committee decides the aggrieved employee s case has merits they may present the grievance as follows within three full working days after its submission to the Labour Relations Committee. Step No. 3 The Labour Relations Committee may present the grievance in writing to the Department Head who shall consider it in the presence of the person or persons presenting same, and the immediate supervisor or foreman, and render his/her decision in writing. Should no settlement satisfactory to the employee be reached within three full working days, the next step in the grievance procedure may be taken any time within three full working days thereafter. Step No. 4 The Labour Relations Committee may submit the employee s grievance in writing to the President & CEO who shall render his/her decision in writing to the Labour Relations Committee, within seven full working days. 5.5 Any matter or question arising between Bluewater Power and the Union as a whole, regarding the administration, interpretation or alleged violation of any provision of this Agreement may be submitted in writing by either party as Step April 1,

8 No. 4 of the Grievance Procedure. In the case of a Bluewater Power grievance, the Grievance Procedure shall be read and construed with the necessary changes in party designations to be appropriate to Bluewater Power originating the grievance. Article 6.0 ARBITRATION 6.1 If final settlement of the grievance is not completed within seven full working days after meeting with the President & CEO as provided in Step No. 4 of the Grievance Procedure above, then within the next twenty-one full calendar days but not later, the grievance may be submitted by either of the parties to binding arbitration, as provided in the Labour Relations Act. 6.2 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. However, the Board shall have the power to reduce or dismiss an imposed penalty that may be involved in the grievance. 6.3 No person shall be selected as arbitrator who has been directly involved in attempts to negotiate or settle the grievance. Article 7.0 MEMBERSHIP 7.1 All regular employees of Bluewater Power who are members of the Union shall remain as such in good standing subject to the provisions of the Ontario Labour Relations Act. 7.2 All employees assigned to classifications covered by this Agreement shall become members of the Union upon date of hire and thereafter shall remain as such members in good standing subject to the provisions of the Ontario Labour Relations Act. 7.3 All employees, excluding summer students assigned to classification covered by this agreement shall pay union dues. April 1,

9 Article 8.0 COLLECTION OF DUES 8.1 Bluewater Power agrees to deduct from the pay of each member his/her Union dues. 8.2 Bluewater Power shall deduct, from the first pay and from the second pay of each month, an amount equal to fifty percent of the monthly Union membership dues and the amount shall be remitted to the Union Financial Secretary not later than the tenth of the following month. The Union will furnish Bluewater Power with a list of members and the amount of deduction to be made together with the written authorization from each employee on forms supplied by the Union and approved by Bluewater Power. Where changes occur, the Union shall notify Bluewater Power at the earliest possible date. The Union shall save Bluewater Power harmless from prosecution or penalty as a result of the collection of dues and their remittances to the Union Financial Secretary. Article 9.0 DEFINITION OF EMPLOYEES 9.1 A regular employee is one who has satisfactorily completed his/her probationary period and who has been appointed by Management to regular staff. 9.2 A probationary employee is one hired with the view of filling a position on regular staff. A probationary employee, when hired, shall be given a definite classification and the employee s first six months of employment will normally be considered to be a probationary period. Upon appointment to regular staff his/her seniority shall date from date of hire. This six month probationary period may be reduced at the sole discretion of Management, or extended upon consultation with the Union, but in no case will it be extended more than an additional six months. If at any time during the probationary period the employee is judged by Management to be unsatisfactory, his/her employment shall be terminated. At the end of the probationary period either his/her employment shall be terminated or he/she shall be appointed by Management to regular staff. At that time the supervisor has the discretion to advance the employee to a higher classification according to their job performance and experience. The supervisor has the prerogative to adjust the employee up to one classification higher as deemed appropriate, but not to first class. The anniversary date is the original date of hire. When a probationary employee is appointed to the regular staff, the bulletin announcing such appointment will indicate the classification to which such employee is assigned and the supervisor in charge of this employee. Upon April 1,

10 gaining such appointment the employee shall automatically be entitled to all privileges and shall assume the responsibilities of a regular employee. 9.3 Contract employees are hired in a union position for a limited duration, not exceeding six (6) consecutive months. This period may be extended if mutually agreed upon by the parties to this agreement. Experience gained as a contract employee shall not be used for the purpose of evaluating efficiency and ability when making promotions to a higher grade or classification. 9.4 Part time employees shall be capped at one per classification unless mutually agreed upon with the union. Optional benefits for part time employees shall be prorated based on the number of days they work per week. Part time employees will not be paid for any vacation or sick days under this Agreement. Union dues will be deducted at the same rate as full time employees within the classification and union seniority will be calculated on hours worked per year. Any employee request will be subject to Management s approval with due consideration to operational requirements. Article 10.0 SENIORITY 10.1 There shall be two (2) types of seniority recorded: general seniority and union seniority. (a) (b) (c) General seniority shall be defined as commencing when the employee first enters into the employ of Bluewater Power. This seniority shall be used in the calculation of benefits. Union seniority shall be defined as commencing from the date the employee last entered the bargaining unit. This seniority shall be used in case of lay-off and recall, promotions, job postings and/or transfers. Any person employed outside the bargaining unit, who is subsequently transferred into the bargaining unit shall be recognized as a new employee. As such, said employee will be given credit for past service with the company but not considered to hold seniority rights within the bargaining unit for the purposes of lay-off, promotions, job postings, and /or transfers. Any employee who is promoted out of the bargaining unit for no more than a total of six calendar months in a thirty six month period, may be returned to the bargaining unit by mutual agreement of the employee and the employer and he / she will retain their seniority as the original date of transfer. Any employee who is promoted out of the bargaining unit for a second time within a thirty six month period may return to the bargaining April 1,

11 unit by mutual agreement of the employee and the employer, however, the employee will not retain union seniority A contract employee shall not accumulate any seniority Seniority shall not be broken by illness as long as the employee is drawing sickness allowance pay in accordance with the conditions and schedule in Sections 21 and 22. When his/her sickness allowance is used up, his/her seniority shall not be broken but shall cease to accumulate until he/she returns to work Seniority shall not be broken by leave of absence without pay, when granted by Management, but shall cease to accumulate after one month and until the employee returns to work A regular employee who is laid off shall retain his/her seniority for a period of up to nine (9) months but shall not accumulate additional seniority during this period Making layoffs and rehiring shall be governed by Section The seniority standing of any employee who may enlist in the active Canadian Armed Forces shall accumulate from the date of enlistment in the same manner as if he/she had not enlisted, provided the employee returns to work within one month of discharge from the Canadian Armed Forces. This clause will apply only with regard to mandatory conscription at any time and voluntary enlistment in time of war A complete classification list of employees in the Bargaining Unit shall be provided to the Union President, arranged in order of union seniority It is understood and agreed that an employee shall lose all his/her seniority and his/her employment shall terminate if he/she: (a) Fails to report to work within five working days after notice to return to work following a layoff has been sent to the employee s last address as provided to Management unless reasons satisfactory to Management are made known to Management within these five working days after notice to return to work. Employees shall notify Bluewater Power promptly of any change in address. If any employee fails to do this, Bluewater Power will not be responsible for failure of a notice to reach such employee. (b) Fails to return to work when the Workplace Safety and Insurance Board classifies the employee as fit to return to his/her regular duties. April 1,

12 (c) (d) (e) (f) Fails to report for work for two consecutive working days or shifts, and fails to communicate with Management during these 48 hours in which he/she was absent without leave. Qualifies and begins receiving payment under the Long Term Disability Contract subject to the terms of the Rehabilitative Incentive Provision or receiving normal retirement benefits. Fails to return to work following the expiration of Maternity Leave as outlined in 23.4 or following approved leave of absence. Voluntarily terminates. Article 11.0 STAFF CHANGES 11.1 (a) In promotion progression, transfer and filling new positions the primary consideration shall be ability to perform the work efficiently, but seniority shall rule where ability is equal. Where deemed advisable a trial period may be arranged, and in such case the Consulting Committee s advice may be requested by Management. (b) Employees temporarily transferred to other union positions for the purpose of covering temporary vacancies, shall not gain experience or training while in a temporary position to acquire said position when posted When vacancies and new positions occur, the employees shall be notified by bulletin which will state the vacancy that is open and the requirements necessary to fill the vacancy. The bulletin shall be displayed on the notice board a minimum of ten working days, unless mutually agreed upon, during which time regular employees will have the opportunity of applying, before non-employees are considered. All applications shall be in writing. Management shall review the applications. The successful applicant, if any, shall be notified in writing. A notice stating the name of successful applicant, the classification to which he/she has been assigned and the supervisor in charge of the employee shall be posted on all bulletin boards. The unsuccessful applicants shall be notified in writing When an employee is transferred from one classification to another by application, the employee may start at one rate or more above the starting rate of pay for the new classification provided the employee has qualifications related to the new classification or experience gained either from employment with or outside Bluewater Power or from an educational institution In the event of promotion, no employee will be discriminated against by reason of being or having been a member or officer of the Union. April 1,

13 11.5 No wage rate shall be adversely affected by reason of transfer during vacation period or to fill temporary vacancies A temporary subforeman position may be used in a situation where an employee has three (3) or more employees directed by him/her. This appointment will be at the discretion of the supervisor. An employee temporarily assigned to subforeman s or lead hand duties for four or more consecutive hours on the job, shall be paid the rate of that classification while in that position. An employee temporarily assigned to a higher paid classification for four or more consecutive hours, shall be paid at a higher rate while working in that classification, providing the employee is qualified to assume the required duties in the classification. Office staff assigned to a higher classification shall be paid a special allowance of 5% in addition to their regular rate, providing the employee has performed such duties for four or more hours in a day or accumulated a minimum of fifteen hours in a period of three consecutive work weeks, providing the employee is qualified to assume the required duties in the classification The event of any change in status of the Supervisory Staff, the same shall be posted by Management to acquaint the members of the Union with said changes Layoffs in any classification shall occur in order of least union seniority in the classification. Where an employee with a layoff notice so requests and subject to Management s approval, the employee may be transferred temporarily to another classification. The training period in the new classification shall not exceed ninety (90) calendar days, after which the employee s performance shall be reviewed. No regular employee will be laid off as a result of contracting out the work which that employee is presently performing Employees who have been laid off shall be given the preference for reemployment according to his/her union seniority in effect at the time of recall In case of any dismissal, the reason for such will be supplied in writing to such employee and the President or a member of the Union Executive Board will be notified as soon as possible of this action. In case of reinstatement the employee shall be paid in full for all lost time, unless otherwise provided in the final settlement by the Labour Relations Committee or the Arbitration Board. April 1,

14 Article 12.0 CONSULTING COMMITTEE 12.1 The Union shall set up a Consulting Committee. This Committee may meet with the Management as required to discuss with Bluewater Power Management any matters which do not fall into the category of grievance or other non-contract issues. Article 13.0 HOURS OF WORK 13.1 The normal work week for day employees, other than the office and clerical employees shall be based on forty (40) hours; Monday through Friday between the hours of 7:30 a.m. and 4:30 p.m., unless mutually agreed upon by the Employee and Supervisor directly affected. The normal work week for the office and clerical employees shall be thirty-five (35) hours, Monday through Friday, between the hours of 8:00 a.m. and 4:30 p.m., unless mutually agreed upon by the Employee and Supervisor directly affected The normal hours of work for employees assigned to shift work shall be based upon a forty (40) or a thirty-five (35) hour work week, within a work period mutually agreed upon by the Employee and Supervisor directly affected Each employee, when required, will fill in a daily time slip showing thereon the number of hours spent on each job and the total hours worked; same to be submitted to the Supervisor or designate for signature. Article 14.0 OVERTIME 14.1 All work authorized and performed outside of the normal schedule working hours will be paid for at double the regular rate When an employee is called out, he/she shall receive pay for a minimum of two (2) hours work at the prevailing overtime rate for which a minimum of two (2) hours work may be required. Any additional calls after the first shall be paid a minimum of two (2) hours pay at the prevailing overtime rate, providing four (4) hours has elapsed between calls. If four (4) hours has not elapsed, the employee April 1,

15 shall be paid the prevailing overtime rate for anytime worked beyond the first two (2) hours When an employee has been designated for prearranged work, he/she shall receive pay for a minimum of two (2) hours work at the prevailing overtime rate. The term prearranged work is to be interpreted to mean work that has been arranged in advance of the job being done, and is not to be confused with work carried over the end of a normal work day If an employee works in excess of three (3) hours between the hours of midnight and normal starting time, he/she shall receive six (6) hours rest time before reporting for his/her regularly scheduled shift. Rest time taken after normal starting work hours will be paid rest time In the case of carryover Overtime at the end of a working day, first choice will be given to the existing employees that are working on the job site to stay for the Overtime. If employees choose to leave, the Overtime will go according to Call Out list. If a job extends beyond one day, employees that have been assigned to the job will continue to work until job is deemed complete, unless mutually agreed upon by employee and Supervisor In the case of pre-arranged work, Standby person will be asked before Apprentices according to the Call Out list. Article 15.0 SHIFT DIFFERENTIAL 15.1 Employees working regular shifts between 4 p.m. and 7:00 a.m. shall be paid an additional 4% while working these shifts. Article 16.0 PERSONAL TIME OFF 16.1 If any employee requests and is granted time off without pay, he/she may be given the opportunity to make up this time by working an equivalent number of hours at straight time, if considered feasible by Management and provided that there is work available within the employee s classification. April 1,

16 Article 17.0 MEALS WHEN WORKING OVERTIME 17.1 A meal or a voucher will be supplied as follows on paid overtime when an employee works outside normal working hours as defined in Section 14.1 and A voucher will be valued at $ (a) (b) (c) When the duration of the time worked is four consecutive hours. When working past normal quitting time after performing a normal day s work and the duration of the time worked is one and one-half consecutive hours. When an employee is required to work commencing at least one and one half hour prior to the start of a normal work day and continues to work beyond one half hour before normal start time The time selected for taking the meal break shall be at the discretion of the foreman or supervisor in charge. One half hour shall be allowed for the meal break for which time he/she will be paid at the prevailing rate The foregoing Section 17.0 will not apply to any employee working on a regular shift. Article 18.0 STANDBY/CALL OUT 18.1 To provide coverage outside of scheduled working hours, Management shall supply a rotating list of qualified employees for Standby. Management shall also supply a callout list of qualified staff in appropriate departments. (a) (b) (c) Eligibility for Line Standby will be determined by Management. As employees qualify for standby they will be added to the bottom of the list at the time of qualification. The Standby person is responsible for calling out the appropriate call out person. If the first call out person does not respond, then the next name on the list shall be called and so forth until a person responds. Line Standby persons will assist in trouble calls. The Line Standby person will take subsequent calls and the first journeyman who responds from the call out list will assume responsibility for the initial call and subsequent trouble calls falling in the same category in the 24 hour period. April 1,

17 (d) (e) (f) (g) (h) (i) (j) The top name on the Standby list shall move to the bottom of each list every Monday at the regular start time for the department. The other names on the list shall advance accordingly. If the assigned standby person trades their standby for more than two consecutive days they will move to the bottom of all lists. They will not be able to change standby for scheduled overtime. Management has the right to alter the list if circumstances arise such as sickness, vacation etc. In the case of mistakes in calling out employees, Bluewater Power will not make duplicate payments. Employees on Line standby shall be paid for each day of the week 100% First Class Line rate and 150% First Class Line rate on paid holidays. The person on Line standby will be provided with a vehicle. Use of this vehicle shall be subject to conditions as outlined by Management and The Corporate Vehicle Policy. The employee on standby will be provided with a rotating list of Management personnel on call. This person will be called when the work crew is four (4) or more employees or at the discretion of the standby person. Control Room Operator Standby will be paid at a rate of four hours Control Room Operator at First Class regular rate of pay per person per week. Cell Phones will be provided and operators will be called, as required as per the current call out list. If On Call Operator is not available it is his/her responsibility to notify their Supervisor. If no Operator is available the Control Room Supervisor will provide backup. Other Departments The top name on the call out list will be the first called. If this person does not respond then the next person on the list will be called and so forth until a person responds. If staff on the appropriate list does not respond, then the lines standby person will be called. The top name on each list shall move to the bottom of each list every Monday at the regular start time for the department. If an employee is absent from work due to sickness, they shall not be called for overtime until they return to their regular scheduled shift unless deemed necessary by Management. If an employee is on vacation or PTO for two consecutive days or more they will not be eligible for overtime until they return to their regular scheduled shift unless deemed necessary by Management. Standby will not be mandatory. The employee can opt out of standby once a year on January 1 st. At any time, if Management finds it necessary, standby will become mandatory. April 1,

18 Article 19.0 PAID HOLIDAYS 19.1 The employees shall be given the following holidays with normal rate of pay: New Year s Day Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Last Working Day before Christmas Christmas Day Boxing Day Last Working Day before New Year s Day 19.2 It is also agreed that the employees be granted all business holidays proclaimed by the Mayor affecting all business establishments in addition to the Paid Holidays listed above Should any of the Paid Holidays listed in section 19.1 be publicly observed on a day other than the traditional calendar date, then such observed day will be considered the holiday for purposes of time off work and pay allowance. When the traditional calendar date falls on a Saturday or Sunday and the following Monday is publicly observed, the Monday will be taken off work and holiday pay allowed for the Monday. When the traditional calendar date falls on a Saturday or Sunday and the holiday is publicly observed on the Saturday or Sunday then the following Monday will be taken off. Article 20.0 VACATION ALLOWANCE & SCHEDULE 20.1 Annual vacations with pay will be granted as follows: During the calendar year in which an employee completes: April 1,

19 Years of Service Length of Vacation 1 year 10 days 2 to 8 years 15 days 9 to 13 years 20 days 14 to 21 years 25 days 22 to 24 years 28 days 25 years and over 30 days Each employee shall be given two days holidays known as floater holidays. Prior permission shall be required from Management for all employees to schedule their floater holidays. In the event of new employees hired after July 1 only one (1) floater holiday shall be allowed in the first calendar year A vacation schedule shall be prepared for the heads of each department, for the classifications under their supervision. This schedule will be submitted to Management not later than December 15th of each year for approval. The schedule, as approved, shall be posted in each department not later than January 15 th of the same year, for information of the employees in the classifications covered by the listing. Prior choice of two (2) weeks will be given to the employee in accordance with their union seniority. The employee shall make a selection of first, second, and third choices to be submitted to their supervisor. Supervisor s will assign all first choice selections in accordance with the employee s union seniority. After all employees first selections are assigned, second selections will be assigned again in accordance with the employee s union seniority and the process will be reviewed with third selections etc Vacations may be taken in a single consecutive period or may be split into two or more periods except as qualified below: (a) (b) Employees shall be allowed to take up to five (5) days of vacation as single days off, subject to Management s approval. Vacations shall not be carried over to the following calendar year, except by special permission from Management When a holiday as listed under Section 19.1 Paid Holidays falls within a day worker s vacation period, one additional day of vacation will be granted to such employee Should an employee leave the service before he/she has received his/her vacation allowance, he/she will be awarded the equivalent remuneration in lieu of vacation allowance earned. April 1,

20 20.6 Should an employee be off work on sickness allowance, the accumulation of his/her vacation allowance shall cease when his/her sickness allowance full pay sick days have been used and shall not resume again until he/she has returned to work for one week An employee s vacation entitlement shall be based on the employee s regular classification. The employee s vacation entitlement shall be reduced on a prorated basis for any period for which the employee has not received full wages from Bluewater Power (excluding the first 180 days of Safety and Insurance or sick leave) during the vacation accumulative period. Any employee who in any calendar year terminates service with Bluewater Power, is absent from work on an extended leave of absence (excess of 15 days) shall be entitled to the annual vacation indicated above, prorated by the number of months service completed during the last anniversary year Employees will work an extra ½ hour per day to earn one (1) day off in every three week period. As long as the compressed work week is in effect, vacation pay will be at 8 ½ hours or 7 ½ hours. Please refer to The Off Friday Policy for guidelines If an employee falls ill or has an accident during a vacation period the employee shall be required to call his supervisor on the day of the illness or accident and may be requested to provide a doctor s certificate. Vacation may be credited back to the employee at the discretion of the supervisor and in conjunction with HR provided the above provisions have been met. Article 21.0 TIME ALLOWED FOR SICKNESS 21.1 The word sickness shall be interpreted to mean for the purpose of this section, illness contracted either on or off duty, whether directly or otherwise attributable to working conditions, and accidents occurring on or off duty which are not covered by Workplace Safety and Insurance Board, but will not include employee accidents resulting from or occurring at the time or following the commission of any indictable criminal offence for which the employee is convicted. The word allowance shall be interpreted to mean, for the purpose of this section, remuneration paid in lieu of wages under agreement and in accordance with the terms of this section Allowance for sickness shall be paid to regular employees only, except as set forth hereafter. April 1,

21 21.3 No allowance shall be paid when lost time is the direct result of injury contracted from employment by other than Bluewater Power Where an employee receives sickness allowance from Bluewater Power by reason of an accident in respect of which some third party is under legal liability, Bluewater Power shall be subrogated to the employee s right to Safety and Insurance for loss of wages and he/she agrees, if directed by Bluewater Power, that he/she shall prosecute such claim and pay over to Bluewater Power what it is entitled to receive as aforesaid from any monies recovered from such third party and he/she will do all acts and execute all documents necessary to enable Bluewater Power to obtain the benefit of this clause. Included in its right of subrogation as aforesaid, Bluewater Power shall in its discretion have the right to participate and direct the employee in the prosecution of any such claim at its own expense, or in concert with its employee and/or any other person having any concurrent right of subrogation. In the event that an employee proceeds with a law suit on his/her own, and is successful in his/her claim for lost wages, Bluewater Power reserves its right of subrogation for said lost wages, subject to Bluewater Power s participation in a share of the costs of the law suit Should any employee be sick from any cause more than once in any calendar year, the second and succeeding sickness shall be considered as a continuation of the first sickness for calculation of the total time still due the employee according to the allowance schedule shown below. During any calendar year, the allowance for the second and succeeding sickness will be paid to the employee according to the balance of credit due after deductions have been made for the first or previous sickness benefits paid, (i.e., the first payment will commence with full pay and as it is used up allowances will reduce until final allowance for sickness will be at half pay). Any recurrence of an employee s previous sickness within four weeks following his/her return to work will be deemed a continuation of the sickness and the employee will be paid sickness allowance according to the balance remaining to his/her credit at the time of his/her return to work from the previous sickness. If however, at the end of the calendar year an employee is drawing sick allowance, his/her sickness shall be deemed a continuing sickness and carried over into the next year. He/she shall be paid according to the balance of schedule remaining to his/her credit until such time as he/she returns to work full-time Any prolonged sickness periods exceeding the schedule in this Agreement will be reviewed by Management and their discretion will govern any action taken in respect thereto. April 1,

22 21.7 In the event of any regular employee developing any sickness of a chronic or continuing nature rendering him/her unfit to carry on in his/her appointed classification, Bluewater Power shall be relieved of it s obligations under the provisions of this Section 21.0, so far as said employee is concerned. However, if at the end of the calendar year in which the provisions of this clause are triggered there is any unused balance of sickness allowance standing to the credit of the employee, it may be applied to subsequent absences, due to the chronic ailment until the balance is used up. This will be the extent of Bluewater Power s obligation to this employee as far as the chronic ailment is concerned It shall be the duty of the employee to notify his/her immediate supervisor when he/she is off work. Notification shall be given on the first day the employee is off work within thirty minutes of normal starting time. Upon return to work the employee shall fill out and sign a form provided by the Supervisor stating that he/she was sick and unable to work. This completed statement shall be handed to his/her supervisor. If off work for a prolonged period of time, the employee shall be responsible for providing the Supervisor with a progress report from his/her doctor, when the employee is requested to do so by the Supervisor If in the opinion of Management an employee is malingering and abusing the provisions of the foregoing subsection 21.8, Management reserves the right to cancel payment for the first two days of any absence from work claimed by the employee to be due to sickness or, For a period not to exceed two (2) years, the employee shall be required to tender a certificate from his/her physician or doctor before being paid sickness allowance for any absence from work. Article 22.0 SICKNESS ALLOWANCE SCHEDULE 22.1 During the first eighteen months on the regular staff there shall be allowed a maximum of one day for each month of such employment until a maximum of eighteen days with full pay have accumulated. An employee who loses time due to sickness during the course of the eighteen months may draw up to the limit of the allowance accumulated to his/her credit at time of sickness or the length of sickness period if the same is less than the April 1,

23 accumulated credits and as determined by the beginning of the sickness period subject to conditions governing allowance as contained in Section Article 23.0 SICKNESS ALLOWANCE SCHEDULE Years Full Pay Working Days ¾ Pay Working Days ½ Pay Working Days Over 2-under 10 years Over 10-under 15 years Over 15-under 20 years Over 20-under 25 years Over 25 years Length of service referred to in the foregoing is to be considered as total length of service including the probationary period of six (6) months as defined in Section 9.0, except for new employees with less than two years service Should an employee be off work on sickness allowance he/she may progress to the next step in the Allowance Schedule provided he/she is still on Full Pay Allowance at the time of his/her second, ninth, fourteenth, twenty-second, or twenty-fifth anniversary as defined in Section Bluewater Power agrees to provide a contract for a Long Term Disability Plan with an outside carrier. The monthly benefit will be 75% of the employee s pretax monthly earnings at the time of disability, up to a maximum of $6,000 less any integration of any other disability plans which are applicable according to the plan, until age 65, death or retirement, after a waiting period of 180 days, provided the employee qualifies for this benefit. The cost of this plan will be paid 100% by Bluewater Power When an employee s family member requires immediate care and/or attention due to the birth of a child, commencement of an adoption, short term illness or injury, all regular full time employees may take one working day off with pay to attend to their family member. This day will be charged to employees sick time. This is called the employee s compassionate day. A family member is defined as; mother, father, spouse (common law), child, grandparent, brother or sister. In all such cases, reference to a familial relationship (i.e. mother or father) shall include current step-relations (i.e. current step mother or current step father). April 1,

24 23.4 An employee will be entitled to maternity leave and parental leave as outlined in the Employment Standards Act. Article 24.0 MEDICAL EXAMINATIONS 24.1 Bluewater Power is entitled to demand an examination of an employee, at Bluewater Power s expense, by a mutually acceptable physician, provided there are valid reasons, as it may desire. Article 25.0 MEDICAL AND HOSPITAL BENEFITS 25.1 (a) Bluewater Power agrees to pay 100% of the cost of Supplementary Hospital Plan, the Extended Health Care Plan and the Travel Plan for regular employees. (b) Bluewater Power agrees to provide a Vision Care Plan which will pay up to $ and $75.00 toward eye examinations per person to a maximum of once every two years for employees and dependents Bluewater Power agrees to enter into a mutually acceptable Dental Plan with the cost being shared 70% by Bluewater Power and 30% by the employee. This plan will be maintained at current O.D.A. rates Management reserves the right to implement any financial underwriting alternatives, or insurance carriers, without losing any benefit coverage. Article 26.0 PROVISION FOR LIFE INSURANCE 26.1 Life insurance coverage is provided for regular employees of Bluewater Power and is a condition of employment It is the intention of Bluewater Power that the amount of basic Life Insurance coverage as provided in the insurance plans in effect as of April 1, 2014 shall remain in effect until March 31, April 1,

25 26.3 Bluewater Power agrees to pay 66 2/3% of the cost of a mutually agreed upon supplementary Group Insurance Plan provided the employees pay 33 1/3% of the cost Bluewater Power and employees will participate in the Ontario Municipal Employees Retirement System Pension Plan with the cost being equally shared between Bluewater Power and employees as outlined in the legislation regarding this plan. Article 27.0 ACCIDENTS COVERED BY THE WORKPLACE SAFETY & INSURANCE ACT 27.1 The word accident shall be interpreted to mean, for the purpose of this section, accidents or sickness covered by the Workplace Safety and Insurance Act and as a result of which the employee receives payments in lieu of wages from the Workplace Safety and Insurance Board of Ontario An employee receiving Safety and Insurance from the Workplace Safety and Insurance Board of Ontario as the result of an accident occurring while performing his/her duties on behalf of Bluewater Power, shall be granted a supplementary payment from Bluewater Power The supplementary payment together with the payment from the Workplace Safety and Insurance Board will provide the employee with the equivalent of his/her normal pay during the time he/she is off work, up to the limits set out as follows: During the probationary period no allowance During the first eighteen months on the regular staff there shall be allowed one day for each month of such employment up to a maximum of eighteen days. Over two years continuous length of service and under ten years, including the probationary period of six months, up to 30 working days. Over ten years continuous service and under fifteen years, up to 50 working days. Over fifteen years continuous service and under twenty years, up to 70 working days. Over twenty years continuous service, and under twenty-five years, up to 90 working days. April 1,

26 Over twenty-five years continuous service, up to 180 days. In no such case shall the employee receiving Safety and Insurance from the Workplace Safety and Insurance Board receive total remuneration greater than the employee would have received if he/she had been working his/her normal hours For periods off work exceeding those quoted above, and for as long as the employee is classed by the Workplace Safety and Insurance Board as on Temporary Total Disability Allowance, he/she shall be granted a supplemental allowance that will give him/her the equivalent of 80% of his/her normal pay. The payment made by the Workplace Safety and Insurance Board and Bluewater Power will be no greater than 80% of his/her normal pay. Article 28.0 LIMITATION ON PAYMENT FOR EMPLOYEE BENEFITS 28.1 Certain limitations may be determined by Management in respect of the following employee benefits: Pension Group Insurance Supplementary Hospital Plan Dental Plan Long Term Disability Plan Vision Care Plan 28.2 In the event of a regular employee being absent from duty due to sickness as defined in Section 21.0, Bluewater Power shall continue its normal payments on behalf of such employee only as long as the employee is being paid sickness allowance in accordance with the schedule contained in Sections 22.1 and 23.0 and provided that the employee pays his/her normal share towards the foregoing benefits In the event of a regular employee being laid off due to lack of work volume Bluewater Power shall continue its normal payments on behalf of such employee for a period of not more than three (3) months from the date of layoff provided, however, that the employee maintains his/her required payments In the event of a regular employee being absent from duty because of an accident for which the Workplace Safety and Insurance Board of Ontario is making Safety and Insurance payments in lieu of wages, Bluewater Power shall continue its normal payments on behalf of the employee until the employee is able to return to work, and provided that the employee pays his/her normal share towards the foregoing benefits, April 1,