COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT BETWEEN PIPELINE ALBERTA MACRO PIPELINES INC. AND CONSTRUCTION WORKERS UNION (CLAC) LOCAL NO. 63 Duration: June 1, 2014 May 31, 2016 THIS DOCUMENT IS FOR INFORMATION PURPOSES ONLY. ORIGINAL SIGNED COPIES ON FILE AT THE EDMONTON CLAC OFFICE

2 Table of Contents ARTICLE 1 - PURPOSE... 1 ARTICLE 2 - RECOGNITION... 3 ARTICLE 3 - MANAGEMENT'S RIGHTS... 4 ARTICLE 4 - UNION REPRESENTATION... 5 ARTICLE 5 STRIKES AND LOCKOUTS... 8 ARTICLE 6 - EMPLOYMENT POLICY AND UNION MEMBERSHIP... 8 ARTICLE 7 - DUES CHECK-OFF ARTICLE 8 - WAGE AND AREA RATES OF PAY ARTICLE 9 - HOURS OF WORK AND OVERTIME ARTICLE 10 - LAY- OFF PROCEDURE ARTICLE 11 - VACATION AND VACATION PAY ARTICLE 12 - HOLIDAYS AND HOLIDAY PAY ARTICLE 13 - TRANSPORTATION, TRAVEL TIME AND ACCOMMODATION ARTICLE 14 - UNION-MANAGEMENT COMMITTEE ARTICLE 15 - HEALTH AND SAFETY COMMITTEE ARTICLE 16 - HEALTH AND WELFARE PLAN ARTICLE 17 REGISTERED SAVINGS PLAN ARTICLE 18 - EDUCATION AND TRAINING FUNDS ARTICLE 19 - TOOLS ARTICLE 20 - PROTECTIVE EQUIPMENT ARTICLE 21 - LEAVES OF ABSENCE AND BEREAVEMENT PAY ARTICLE 22 - GRIEVANCE PROCEDURE ARTICLE 23 - ARBITRATION ARTICLE 24 - WARNING, SUSPENSION AND DISCHARGE ARTICLE 25 - GENDER CLAUSE ARTICLE 26 - DUES AND TRUST FUND PAYMENTS ARTICLE 27 COLLECTIVE AGREEMENT AMENDMENTS ARTICLE 28 - DURATION SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D SCHEDULE E - CLASSIFICATION DEFINITIONS SCHEDULE F OUTLINE OF INSURANCE PLAN... 58

3 1 COLLECTIVE AGREEMENT ALBERTA-PIPELINE BETWEEN: MACRO PIPELINES INC. hereinafter referred to as "the Employer" -AND- CONSTRUCTION WORKERS UNION (CLAC) LOCAL NO. 63 hereinafter referred to as "the Union" DURATION: JUNE 1, 2014 MAY 31, 2016 ARTICLE 1 - PURPOSE 1.01 It is the intent and purpose of the Employer, the Union and the employees, as parties to this agreement, which has been negotiated and entered into in good faith: a) To recognize mutually the respective rights, responsibilities and functions of the parties; b) To provide and maintain working conditions, hours of work, wage rates, travel allowances, referral provisions and benefits as set forth in this Agreement; c) To establish a just and prompt procedure for the disposition of grievances; d) To establish an equitable system for the promotion, discipline, transfer and lay-off of employees;

4 2 e) Through the full and fair administration of all the provisions contained within this Agreement, to achieve a relationship among the Union, the Employer, and the employees which will be conducive to their mutual well-being The parties to this Agreement pledge to work towards the greatest possible degree of consultation and cooperation believing that the following concepts provide a fundamental framework for cooperative labour/management relations: a) The industrial enterprise is an economically characterized work community of capital-investors and workers under the leadership of management; b) The economic character springs from a continuous striving towards efficient use of scarce resources, energy and the environment, and in the adequate development of the employees, research, production and marketing; and c) The Employer, the Union and the employees will not discourage cooperation but will stimulate it, recognizing that while leadership without labour can do nothing, labour without management cannot survive The omission of specific mention in this agreement of existing rights and privileges established or recognized by the Employer will not be construed to deprive employees or the Union of such rights and privileges. Such rights and privileges may only be amended by mutual agreement.

5 Neither the Employer nor the Union shall act in a manner that is arbitrary, discriminatory, in bad faith, or that violates applicable human rights legislation Should any part of this Agreement be declared invalid the remainder of this Agreement will continue in full force and effect. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the sole bargaining agent of all employees in the bargaining unit, working in Zone 18 in the Province of Alberta as defined in the existing Alberta Labour Relations Board ( ALRB ) certificates covering: Pipeline Construction Pipefitters in Zone Pipeline Construction Labourers in Zone Pipeline Construction Operating Engineers in Zone 18 The Employer recognizes the Union as the sole bargaining agent of all employees in the bargaining unit in Article 2.02 and/or classified in schedules A, B and C attached hereto and made part hereof This Agreement covers all employees of the Employer when employed in pipeline construction and maintenance in the Province of Alberta save and except Field Engineers, Surveyors, Safety Coordinators, Clerical Field Staff, Shop Employees, Management and Office Staff.

6 There will be no revision, amendment, or alteration of the bargaining unit as defined herein or of any of the terms and provisions of this Agreement, except by the mutual agreement in writing of the parties. Without limiting the generality of the foregoing, no classification of work or jobs may be removed from the bargaining unit except by mutual agreement in writing of the parties. ARTICLE 3 - MANAGEMENT'S RIGHTS 3.01 Subject to the terms of this Agreement, the Employer s rights include: a) To maintain order, discipline and efficiency; to make, alter and enforce rules and regulations, policies and practices, to be adhered to by its employees; to discipline and discharge employees for just cause. b) To select, hire and direct the working force and employees; to transfer, assign, promote, demote, classify, layoff, rehire and suspend employees; to select and retain employees for positions excluded from the bargaining unit; c) To operate and manage the Employer's business in order to satisfy its commitments and responsibilities. The right to determine the kind and location of business to be done by the Employer, the direction of the working forces, the scheduling of work, the number of shifts, the methods, processes and means by which work is to be performed, job content, quality and quantity standards, the right to use improved methods, machinery and equipment, the right to determine the number of

7 5 employees needed by the Employer at any time and generally, the right to manage the business of the Employer, and to plan, direct and control the operations of the Employer without interference The sole and exclusive jurisdiction over operations, building, machinery and equipment will be vested in the Employer The Employer may contract out work where: a) it does not possess the necessary facilities or equipment; b) it does not have and/or cannot acquire the required employees; or c) it cannot perform the work in a manner that is competitive in terms of cost, meets quality and within required time limits The Employer will notify the Union at the pre-job conference the portion, or portions of the project, that the Employer wishes to sub-contract and the sub-contractors to be hired to do such work. ARTICLE 4 - UNION REPRESENTATION 4.01 For the purpose of representation with the Employer, the Union will function and be recognized as follows: a) The Union has the right to appoint mutually agreed upon stewards, in consultation with the Employer, to

8 6 assist employees in presenting any complaints or grievances they have to representatives of the Employer and to enforce and administer the Collective Agreement. In general, the number of stewards will not exceed four (4) per project. The chief steward will receive two dollars ($2.00) per hour in addition to his regular hourly rate. All other stewards will receive one dollar ($1.00) per hour in addition to their regular rate. The Union will advise the Employer in writing of the names of the stewards. b) Duly appointed Representatives of the Christian Labour Association of Canada are representatives of the employees in all matters pertaining to this Agreement particularly for the purpose of processing grievances, negotiating amendments to and renewals of this Agreement and enforcing the employees' collective bargaining rights as well as any other rights under this Agreement and under the law. Union stewards will not act in this capacity. The Union will advise the Employer, in writing, of the names of its duly appointed representatives The Union acknowledges that stewards have regular duties to perform as employees of the Employer and that such employees will not leave their regular duties for the purpose of conducting business in connection with the administration of the Agreement or the investigation or presentation of grievances, without first obtaining the permission of their Foreman or immediate Supervisor. Such permission will not be unreasonably withheld.

9 7 The Employer will pay stewards at their regular hourly rate for time spent attending such duties during their working hours Representatives of the Union will have access to visit job sites or convening yards during normal working hours subject to the following: a) The Union Representative will identify himself to the job Foreman upon arriving at a job site; b) In no case will such representative interfere with the progress of work The Union has the right to appoint a Negotiating Committee. Employees to a maximum of four (4) on the committee will be paid by the Employer at their regular hourly rates for all time spent on negotiating a collective agreement with the Employer, whenever this takes place during the regular working hours of the employees concerned Union stewards will be laid off or reduced in number in accordance with the completion of the various phases of each project, provided that there is at least one (1) steward on site at all times The Employer may meet periodically with his employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union, and the employees. A CLAC representative may attend such meetings.

10 There will be no Union activity during working hours, on the Employer's premises, except that which is necessary for the processing of grievances and the administration and enforcement of this Agreement A Steward, when practical, will be given the opportunity to address all new employees during their site orientation session, for the purpose of introducing themselves and the Union and providing the employees with Union information that pertains to them. ARTICLE 5 STRIKES AND LOCKOUTS 5.01 During the term of this Agreement, or while negotiations for a further agreement are being held, the Union will not permit or encourage any strike, slowdown, or any stoppage of work or otherwise restrict or interfere with the Employer's operation through its members During the term of this Agreement, or while negotiations for a further agreement are being held, the Employer will not engage in any lockout of its employees or deliberately restrict or reduce the hours of work. ARTICLE 6 - EMPLOYMENT POLICY AND UNION MEMBERSHIP 6.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force, and the Employer and Union agree to the process set out below which is intended to give preference to qualified Union members who are able to meet the requirements of the job.

11 9 a) The Union shall supply to the Employer a list of currently available Union members, including their names, current classifications and current contact information, that are qualified and who are able to meet the requirements of the job in advance of a project commencing. b) The Employer shall utilize the list of Union members and submit the names of all requested employees to the Union office in Edmonton for approval by the Union. Approval by the Union of the employees shall not be unreasonably withheld. The Union shall promptly process dispatch slips and provide those to the Employer before the employee commences work. c) The Union supports Aboriginal and Local hires for the project. The Employer will submit the names of any Aboriginal and Local hires in advance of them being hired. The Union shall promptly process dispatch slips for Aboriginal and Local hires Neither the Employer nor the Union will compel employees to join the Union. The Employer will not discriminate against any employee because of Union membership or lack of it, and will inform all new employees of the contractual relationship between the Employer and the Union. Before commencing work, any new employee will be referred by the Employer to a steward or a CLAC representative in order to give such steward or CLAC representative an opportunity to describe the Union purposes and representation policies.

12 The Union agrees that it will make membership in the Union available to all employees covered by this Agreement on the same terms and conditions as are applicable to other members of the Union It will be the policy of the Employer to promote from within wherever possible at the Employer's discretion New employees will be hired on a two month probationary period and thereafter will attain regular employment status subject to the availability of work. The parties agree that the discharge or layoff of a probationary employee will not be the subject of a grievance or arbitration Probationary employees are covered by the Agreement, excepting those provisions which specifically exclude such employees. Employees laid off and recalled by the employer will not serve a new probationary period The Union shall use its best efforts to ensure that all employees being dispatched to a jobsite meet the following requirements: a) Successful completion of the Pipeline Construction Safety Training Program and /or the Construction Safety Training System (CSTS) course(s). b) Successful completion of Standard Level C with CPR First Aid Training c) For those employees required to operate an Employer owned vehicle successful completion of an approved Defensive Driving Program; and

13 11 d) Such other certifications and courses as are necessary for a particular employee s classification (e.g. Ground Disturbance Training for Operators). Additional qualifications and requirements may be agreed to as part of the Pre-job report. The Employer will inform the employee of job requirements prior to hire. The Employer shall not have a duty to employ anyone who does not meet the requirements under Article Each employee will be required to produce to the employer, at the time of hire, a current driver s abstract. A driver s abstract will be considered current if it is dated no more than six (6) months prior to the job. ARTICLE 7 - DUES CHECK-OFF 7.01 The Employer is authorized to and will deduct from each employee s paycheque the amount equal to Union dues, and where applicable, an amount equal to Union dues arrears, Administration dues and Permit Dues. The total amount deducted will be remitted to the Union Provincial Remittance Processing Centre each month, by the twentieth (20 th ) of the month following the deduction, together with an itemized list of the employees for whom the deductions are made and the amount deducted for each. The Union and the employee agree that the Employer will be indemnified and saved harmless for all deductions and payments so made.

14 The Union has a conscientious objection policy for employees who cannot support the Union with their dues for conscientious reasons, as determined by the Union s internal guidelines on what constitutes a conscientious objection The Union will promptly notify the Employer, in writing, over the signature of its designated officer, the amount of the deduction to be made by the Employer for Union dues, Administration dues and/or Permit dues, and the Employer will have the right to continue to rely on such written notification until it receives other written notification from the Union The Employer will provide the Union with all necessary information regarding insurance and benefit plans, job classification changes and terminations. The name, address, date of hire and classification of all employees will be provided to the Union once monthly. ARTICLE 8 - WAGE AND AREA RATES OF PAY 8.01 Wage schedules and other provisions applicable to various job classifications and work descriptions are as set forth in Schedules A, B and C as appropriate to the work. It is understood and agreed that the Employer and the Union will jointly determine the wage schedule applicable to a project prior to its commencement. The wage schedule that is agreed to at the time of the pre-job will be firm for the duration of the project and not subject to escalation of any kind. If there is a dispute the matter will be settled in accordance with the arbitration procedure set out in Article 23.

15 Additional classifications may be established only by mutual agreement between the Employer and the Union during the term of this Agreement, and the rates for same will be subject to negotiations between the Employer and the Union. Any addition under these terms will be put into writing and signed by a representative of the Employer and the Union. If the Union and the Employer are unable to agree upon the wage rates for new classifications, either party may apply directly for arbitration under Article Show Up Time An employee who comes to work without having been notified that there is no work available will receive a minimum of two (2) hours pay at the employees prevailing hourly rate. The employee will also receive their full accommodation allowance if and when applicable. In case of lack of work due to rain, the employee will receive a minimum of two (2) hours show up time pay at his prevailing hourly rate for all days until the employer declares a shutdown. In the event that a shutdown is declared the employee will be paid a minimum of two (2) hours on the day the shutdown is declared Starting Work An employee who starts work (or has cleared the marshaling point) and is prevented from completing their normal work day will receive the greater of four (4) hours pay at their prevailing hourly rate, or the number of hours

16 14 worked multiplied by the prevailing hourly rate. The employee will also receive their full accommodation allowance if and when applicable When there is a temporary shortage of work within a given work day in a specific classification, the Employer may employ the affected employees in another classification at the rate of pay of their usual specified classification provided the employee is qualified to do the required work Employees given the option to work in another classification for which they are qualified instead of being laid off will be paid the rate for the new classification If the Employer bids on jobs which specify a specific rate schedule the parties agree to meet to determine the rate to be paid for the particular project Welder s helpers who have successfully completed their 1 st year of the Welding Apprenticeship program may receive a premium of one dollar ($1.00) per hour above the existing welder s helper rate. The premium to be in effect as of the date the employee notifies the Employer and demonstrates completion of the requirements under the First Period of the Welding Apprenticeship Program as defined under the Alberta Apprenticeship Course Outline or as defined by other Provincial jurisdictions under the apprenticeship program for welding.

17 ARTICLE 9 - HOURS OF WORK AND OVERTIME Schedule A: The regular work week will be forty-four (44) hours per week, consisting of five (5) eight (8) hour days and four (4) hours on the sixth day. Schedule B and C:The regular work week will be forty (40) hours per week, consisting of five (5) eight (8) hour days Schedule A: Employees will be paid overtime at the rate of one and one-half (1.5) times the employee's straight time hourly rate of pay for all hours worked in excess of eight (8) regular straight time hours per day and forty-four (44) regular straight time hours per week. Schedule B and C: Employees will be paid overtime at the rate of one and one-half (1.5) times the employee's straight time hourly rate of pay for all hours worked in excess of eight (8) regular straight time hours per day and forty (40) regular straight time hours per week When a statutory holiday as outlined in Article occurs during the employee s regular work week, overtime will be paid for all regular straight time hours in excess of thirty-six (36) hours for schedule A work and thirty-two (32) hours for schedule B and C work When a scheduled break occurs it will include a Sunday The Employer will attempt to distribute overtime work as evenly as possible among employees who normally perform the work and who indicate they wish to work overtime subject to Article 3.01.

18 Hours of work and overtime as set out in this article may be modified by mutual agreement between the Employer and the Union for selected contract projects. Such amendments will be noted on the pre-job conference report subject to Article It is agreed that the provisions of this Article are for the purpose of computing overtime and will not be construed to be a guarantee of or a limitation on the hours of work to be done per day or per week other than those stipulated in Articles 8.03 and There will be two (2) coffee breaks of fifteen (15) minutes duration on each shift, one in the first half of the shift and one in the second half of the shift. Employees will be given a meal period of one half (0.5) hour per shift but such period will not be considered as time worked. Employees will be entitled to an additional coffee break for every four (4) hours overtime worked in a given day Provided the employee notifies the Employer at the time of hire the Employer agrees to respect an employee s wishes with regards to not working certain days of the week or certain hours of the day because of religious convictions Sunday will be deemed the first day of the week.

19 ARTICLE 10 - LAY- OFF PROCEDURE The Employer will give the Union four (4) hours notice of layoff, when possible The Employer will not be required to give four (4) hours notice of layoff when equipment failure, shortage of material, or other reasons beyond the control of the Employer cause a stoppage of operation The Employer agrees to provide the Union office in Edmonton with a list of all employees, their social insurance number, classification and lay-off date on a timely basis, when requested. ARTICLE 11 - VACATION AND VACATION PAY All employees will be entitled to receive an amount equal to six percent (6.0%) of their regular straight time hour earnings in vacation pay Vacation Pay and statutory holiday pay will be paid to employees each pay period in lieu of the holidays as set out in Article The Employer will consider vacations at the times requested considering business requirements.

20 ARTICLE 12 - HOLIDAYS AND HOLIDAY PAY All employees will be entitled to receive an amount equal to four percent (4.0%) of their regular straight time hour earnings in lieu of the following holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day, and any further days proclaimed by the Provincial Government Employees required to work on one of the above general holidays will receive overtime pay for all hours worked in addition to the holiday pay outlined in Article Holiday Pay will be paid to employees in each pay period. ARTICLE 13 - TRANSPORTATION, TRAVEL TIME AND ACCOMMODATION It is recognized by the Employer and the Union that the purpose of transportation, travel and accommodation allowances as established in this article is to provide a fair means of compensating employees for additional expenses they incur while working on projects beyond a reasonable distance from their residence Travel Allowance a) Subject to the Pre-Job Conference Report, travel allowance will be paid for all projects.

21 19 b) Travel allowances are paid only for the beginning and the end of projects and do not apply to shutdowns or inclement weather delays; c) Travel allowances will not be used in computing overtime. d) Travel allowance will be reimbursed as follows: i) Unless otherwise agreed during the Pre-job Conference, for initial travel to a specific project site, travel allowances are paid following their first three weeks of work. ii) If an employee voluntarily quits or is terminated for cause prior to the completion of their first three weeks of work on a specific project, then such travel will not be reimbursed. If an employee voluntarily quits or is terminated for cause after completion of their first three weeks of work on a specific project, the employee will not be compensated for travel from the worksite. iii) In addition to the initial travel to and from the worksite, travel allowance may be repeated for all scheduled breaks of durations of four days or longer, or as agreed in the Pre-job Conference Report. A scheduled break shall be as defined in the Pre-job Conference Report. An example of a scheduled break would be Christmas Holidays or a Spring Break-up period.

22 20 iv) Travel Allowance shall be paid from the CLAC office in the province of the employee s residence to the project site. The project site is to be determined and listed in the Pre-job Conference Report. In the event that no CLAC office exists in the province or territory of the employee s residence, the employee is to use the defined list of offices with their respective province/territory as below: Alberta/North West Territories Ave. Edmonton, AB T5V 1B8 British Columbia/Yukon Ave., Unit 210, Box 2 Fort St. John, B.C.V1J 1Z2 Saskatchewan 2345 Ave. C North, Unit 8 Saskatoon, SK S7L 5Z5 Manitoba 185 Provencher Blvd., Unit 100 Winnipeg, MB R2H 0G4 Ontario/Quebec/Maritimes/Nunavut 2335 Argentia Rd. Mississauga, ON L5N 0A3 v) Travel allowance will be paid at the rate of fifty-five cents ($0.55) per kilometre traveled up to a

23 21 maximum equivalent of eight hundred dollars ($800.00). vi) Employees whose classification requires the use of his own vehicle in the performance of his duties will be paid at the rate of eighty cents ($0.80) per kilometre traveled up to a maximum equivalent of eight hundred dollars ($800.00) Travel Time Transfers For all initial travel to and from the respective CLAC office in Article and the project site, where an employee transports an Employer's vehicle, the employee will be paid his regular straight time rate of pay for actual time traveled. Such employees will not receive duplicating travel allowances, but at no time will payment be less than as outlined in Article An employee s regular straight time rate of pay will be paid in all cases of transfers from one project to another irrespective of Articles and Daily Travel Daily travel will be paid to all employees from the time an employee leaves the marshaling point to the time he returns to the marshaling point. The marshaling point shall be limited to places where there are food, lodging and laundry facilities.

24 Accommodation Allowance a) Whenever employees covered by this Agreement are required by the Employer to be away from their normal place of residence overnight, the Employer agrees to pay daily accommodation allowance (as set out in Schedules A, B and C) to cover room and board or alternately the Employer, at his discretion will provide at the Employer's expense, room and board accommodation for the employees. Allowance will not be paid for any day on which an employee does not work of his own accord for reason other than job related accident. b) Accommodation allowance, in accordance with Schedules A, B and C will be paid subject to the following conditions: i) To be eligible for accommodation an employee's actual permanent residence must be fifty (50) kilometers by shortest road distance from the project Marshaling Point; ii) If there has been a change of address in the three (3) months immediately preceding date of hire then proof of residency must be established through utility bills or moving expenses. iii) If a dispute arises it will be solved through means of a computer road map distance and finder software such as Map Quest. The union will act as the arbitrator in these situations.

25 23 iv) Accommodation allowance begins on the day of travel to the site (i.e. one day prior to the employee s first scheduled shift). This is subject to the employee having met the conditions under Article v) Accommodation allowance will be paid for all work days and all show-up days outlined in Article 8.03 and will not normally apply on scheduled days off unless specified by a supplementary project agreement between the Employer and the Union. In the event the employees are scheduled to work six (6) days on and one (1) day off, full accommodation allowance will be paid for the day off. vi) On projects for which a sleeping camp is supplied for employees' use, those employees making use of the camp will receive reasonable partial accommodation allowance to be determined between the Employer and the Union For selected projects with peculiar geographic circumstances, the parties may establish alternative or amended policies for transportation, travel and room and board. Such alternative or amended policies will be established for the duration of the project and will require the mutual agreement of the Employer and the Union In the event the employee is required to live in a full accommodation camp, the employee will receive twenty ($20.00) for each day worked. These monies will be paid at the time the employee is laid off, and is subject to the employee staying the duration of his assigned work.

26 Camp Standards Specific details as outlined in Schedule D Compensation for Employees who Operate Passenger Vehicles owned by the Employer Employees who are assigned to operate an Employer owned vehicle (crew cab, van or bus) which regularly transports employees will be provided with one additional hour per day at their regular straight time wage rate subject to the following: Operating the vehicle within the rules and regulations of governing province Regular housekeeping and cleaning of vehicle s interior and exterior Regular monitoring and reporting of any maintenance requirements Reporting of any incident or damage to the vehicle that has been assigned to the employee regardless of fault of other employee operating vehicle at time of incident Employee operating a vehicle has passed a Defensive Driving Course and holds a valid certificate.

27 ARTICLE 14 - UNION-MANAGEMENT COMMITTEE In order to build a cooperative relationship between the Employer, the Union, and the Employees, the parties agree to schedule Union-Management meetings once every three (3) months or as required during the life of this Agreement. The meeting will serve as a forum for discussion and consultation about policies and practices not necessarily covered by the Collective Agreement. The areas for discussion will include but not be limited to: hiring policies; discipline and discharge policies; training and promotion; safety measures; matters that affect the working conditions of the employees The Employer and the Union will each appoint representatives to the Union-Management Committee. The minutes will record the business of each meeting, a copy of which will be mailed to the Union's provincial office A committee member, attending the Union-Management meetings during regular working hours, will be entitled to his regular hourly rate of pay. In the event that such meetings are held outside of regular working hours, the Employer agrees to pay a flat fee of fifty dollars ($50.00) to a committee member for each meeting attended.

28 The Employer may meet periodically with his employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union and the employees In the event that consultation fails to resolve a matter of contention, the Union agrees that the decisive word resides with Management, unless specifically abridged, deleted or modified by this Agreement. The Union reserves the right to refer unresolved matters to the Grievance Procedure. ARTICLE 15 - HEALTH AND SAFETY COMMITTEE When necessary a Health and Safety Committee will be established to address matters concerning safe work conditions and practices and to maintain a co-operative effort for the safety of the workforce. Meeting notes will record the business of each meeting, and copies will be distributed as the Committee determines The Employer and the Union will each appoint representatives to the Health and Safety Committee A committee member, attending the Health and Safety Committee meetings during regular working hours, will be entitled to his regular hourly rate of pay. In the event that such meetings are held outside of regular working hours, the Employer agrees to pay a flat fee of fifty dollars ($50.00) to a committee member for each meeting attended.

29 The Employer will make practical provisions for the safety and health of its employees during the hours of their employment. Such provisions will be made known to all employees at the time of hire. The Union undertakes to give full support to these objectives by promoting safety consciousness and a personal sense of responsibility among the employees. It is the responsibility of the parties to have working conditions that are safe and healthy Following a serious accident or an incident which could have resulted in a serious accident the Employer will notify the Union. Further, upon request by the Union, the Employer will provide copies of such reports which are of a non-confidential nature An employee who is injured on the job during working hours and is required to leave for treatment for such injury will receive payment for the remainder of their shift An employee who is injured on the job and who requires transportation from the work site to a local physician or hospital will receive such transportation provided for by the Employer. Should an employee require hospitalization for a period of more than one (1) week the Employer will provide transportation to an available facility (within Canada) near the employee's home at no cost to the employee, in the event the employee s health and welfare benefits do not cover such cost Modified Work Program a) If an employee is injured on the job and requires medical attention, the employee may be entitled to Modified Work and will inform the attending Physician

30 28 of the same. The Employer reserves the right to require a second medical opinion by a Physician selected by the Employer. b) The Employer will inform the Physician of the types of Modified Work which may be available to the employee and will make the same available to the employee with the Physician's approval. c) The Employer will inform the Union office of all employees who are assigned to Modified Work and the hours reverted to. The Employer is not required to offer overtime hours to employees on Modified Work program The parties recognize the need for a safe workplace free of alcohol and drug use, and having employees who are fit for duty. To that end, the parties agree that, where it is considered to be appropriate or it is contractually required, the Employer may develop Drug and Alcohol Policies, either of a general nature or a project specific nature, provided such policies are in compliance with applicable laws. In general, the parties agree to use the COAA Canadian Model for Providing a Safe Workplace (Alcohol and Drug Guidelines and Work Rule version 2), October as the minimum basis for the implementation of the Employer s Drug and Alcohol Policy.

31 ARTICLE 16 - HEALTH AND WELFARE PLAN The Employer agrees to pay the amount as set out in the Wage Schedule for all hours worked for each employee towards the Insurance Plan administered by the CLAC Health and Welfare Trust Fund Employees are eligible to receive coverage on the first of the month following three hundred and fifty (350) hours worked. It is the responsibility of the employee to complete the enrolment form for the benefit plan, which is a condition of coverage. It is understood and agreed that it is the responsibility of each employee to be familiar with the specific details of coverage, (outlined in Schedule F) and eligibility requirements of all benefit plans, and that neither the Union nor the Employer, has any responsibility for ensuring that all requirements for eligibility or conditions of coverage or entitlement of benefits are met by the employee, beyond the obligations specifically stipulated in this Agreement The contributions outlined in Article will be remitted to the CLAC Health and Welfare Trust Fund s office each month, by the 20 th of the month following the month of contributions, together with an itemized list of the employees for whom the contributions are made and the amount remitted for each.

32 ARTICLE 17 REGISTERED SAVINGS PLAN RSP 30 The Employer agrees to contribute the amount as set out in Schedule A, B and C for each hour worked toward each employee s participation in the Registered Savings Plan (RSP) administered by the CLAC Health and Welfare Trust Fund Matching RSP The Employer also agrees to contribute an additional ($0.25) twenty-five cents to a (Employer/Employee) matching RSP program. This program applies for each employee on all hours worked. Each employee shall also contribute a ($0.25) twenty-five cent matching amount to the RSP for all hours worked, via payroll deduction. Any employee who completes the CLAC RSP Participation Opt Out form, on file with the Employer, may opt out of the RSP matching participation and as such will forego the twenty-five cent ($0.25) Employer s contribution and will not be required to contribute twenty-five cents ($0.25) of their wages. Employees who opt out may be required to wait up to one year before the Employer can be required to reactivate matching contributions and deductions. The Employer, in consultation with the Union, will establish dates on which Employees who have opted out of the program may reapply. These dates will be defined in the Opt Out Form.

33 An account will be opened in the employee s name by the CLAC Health and Welfare Trust Fund as soon as possible following the receipt of one (1) month s contributions and the employee s current address. The contributions will be deposited in the same manner subject only to the rules established by the Trust Funds Board of Trustees. All monies deposited in the employee s account will remain the property of the employee subject only to the rules governing RSP and Benefit Plans The Employer s contribution to the CLAC Health and Welfare Trust Fund will be non-refundable, and when deposited will be vested in the employee on whose behalf the deposit was made, in accordance with the terms of the RSP Withdrawal of funds and payouts from the RSP will be subject to law and the terms of the Plan Employees on whose behalf contributions and deposits are made will receive statements from the financial institution where the deposits are made, mailed to the employees last address on record with the CLAC Health and Welfare Trust Fund Administrator. ARTICLE 18 - EDUCATION AND TRAINING FUNDS CLAC Education Fund The Employer agrees to contribute an amount as set out in Schedules A, B and C for all hours worked by all employees to the Union Education Fund.

34 18.02 CLAC Alberta Training Trust Fund 32 The Employer agrees to contribute an amount as set out in Schedules A, B and C for all hours worked by all employees to the CLAC Alberta Training Trust Fund. The use of these funds will be for the general operations of CLAC Alberta Training and will be governed by the policies and procedures of the CLAC Alberta Training Trust Fund and its trustees Employer Specific Training Fund The Employer agrees to contribute an amount as set out in Schedules A, B and C for all hours worked by all employees to an Employer specific training account held in trust by CLAC Alberta Training The contributions outlined in Articles 18.01, and will be remitted to the Union Treasurer each month, by the 20 th of the month following the month of the contributions. ARTICLE 19 - TOOLS All tradesmen will supply their own tools common to their trade. Specialty tools will be provided by the Employer The employees will be held responsible for all tools issued to them by the Employer.

35 Welder Consumables Welders are to supply their own filters. All other consumables including oil are supplied by the company. ARTICLE 20 - PROTECTIVE EQUIPMENT All employees will wear CSA approved safety hats to be made available by the Employer All employees will wear gloves and the CSA approved green triangle safety footwear. The Employer will provide gloves to the employee and subsequent replacements as needed. Welders helpers will receive welder s gloves as needed. Safety footwear to be furnished by the employee The Employer will furnish employees with safety equipment (including safety glasses and fire retardant coveralls) and rain gear if and when required. Said equipment will remain the property of the Employer. Any worn out safety equipment will be replaced upon presentation of the worn equipment. The employees will be held responsible for loss or improper maintenance of Employer furnished items. ARTICLE 21 - LEAVES OF ABSENCE AND BEREAVEMENT PAY The Employer will grant leaves of absence without pay, for a time mutually agreed upon between the Employer and the employee, for the following reasons:

36 34 a) Marriage of the employee; b) Sickness of the employee or employee's immediate family; c) Birth or adoption of the employees own child; d) Union activity other than the establishment of this Agreement; e) Death of a family member not outlined in Article 21.02; f) Other personal reasons as approved by the Employer An employee will be granted a three (3) day leave of absence with pay, at the employee s regular straight time hourly rate, to make arrangements for and to attend the funeral of the employee's spouse, an employees adult interdependent partner, child, legal and/or adult dependent, father or mother. To receive such pay the employee must return to work unless notified during the leave of absence of a layoff. Further time may be granted by mutual agreement between the Employer and the employee Employees who fail to report for work as scheduled without giving a justifiable reason will be deemed to have voluntarily quit. ARTICLE 22 - GRIEVANCE PROCEDURE The parties to this Agreement recognize the stewards and the CLAC representatives specified in Article 4 as the agents through which employees will process their grievances and receive settlement thereof.

37 a) "Grievance" means a complaint or claim concerning improper discipline or discharge, or a dispute with reference to the interpretation, application, administration or alleged violation of this Agreement. b) A "Group Grievance" is defined as a single grievance, signed by a Steward or a Union Representative on behalf of a group of employees who have the same complaint. Such grievance must be dealt with at successive stages of the Grievance procedure commencing with Step 1. The grievors will be listed on the grievance form. c) i) A "Policy Grievance" is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. ii) A Policy Grievance will be signed by a Steward or Representative, or in the case of an Employer's Policy Grievance, by the Employer or their representative. d) Any grievance referred to above will identify: i) The facts giving rise to the grievance; ii) The section or sections of this Agreement claimed to be violated; iii) The relief requested; and iv) Where practical will be signed by the employee or employees involved unless it is a Policy Grievance.

38 All the time limits referred to in the grievance procedure herein contained will be deemed to mean "business days. A business day is defined as Monday through Friday, excluding all statutory holidays. If the parties are attempting to resolve the grievance, or an issue that may become a grievance, through discussion, or other forms of communication, the time limits expressed in this Article, will not be deemed to be in effect. However, either party may at any time unilaterally declare that the time limits are in effect. The time limits will resume on the date of such unilateral declaration from day one of the last step filed by either party. The parties may mutually agree to extend the time limits at any time a) The Employer or the Union will not be required to consider or process any grievance which arose out of any action or condition more than five (5) work days after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period will not begin to run until the action or condition has ceased. The limitation period will not apply to differences arising between the parties hereto relating to the interpretation, application or administration of this Agreement. b) If the Employer does consider or process a grievance which has been presented late, the Employer will not be estopped or precluded at any stage from taking the position that the grievance is late and not arbitrable unless the Employer specifically agrees in writing otherwise.

39 No employee will have a grievance until he has discussed his complaint with his Management Supervisor. If the employee's Management Supervisor does not promptly settle the matter to the employee's satisfaction, an employee's proper grievance may be processed as follows: Step 1 Subject to the conditions of Article 6.05, if a grievance is to be filed it will, within the five (5) work days referred to in Article above, be reduced to writing and will be presented to the designated Employer representative by a steward or a CLAC representative. The designated Employer representative will notify the Union representative of his decision in writing not later than five (5) work days following the day upon which the grievance was submitted. The grievance referred to above will identify: a) the facts giving rise to the grievance; b) the section or sections of the Agreement claimed violated; c) the relief requested; and will be signed by the employee or employees involved. Step 2 If a grievance is not settled in Step 1, a CLAC representative may forward the matter to a designated Employer representative. The forwarding of this grievance to the Employer representative must be made within five (5) business days of the conclusion of Step 1. A meeting will be

40 38 held between the steward or CLAC representative together with the grievor involved and the designated Employer representative and other representatives of the employer. This meeting will be held within five (5) working days of the presentation of the written grievance to the designated Employer representative. The Employer representative will notify the steward or the CLAC representative of his decision in writing within five (5) working days of such a meeting. Step 3 In the event that the grievance is not settled at Step 2 the party having the grievance may serve the other party with written notice of desire to arbitrate. The notice expressing the grieving party s desire to arbitrate the grievance must be served within five (5) work days of the delivery of the decision in Step 2 to the steward or CLAC representative but not thereafter Union Policy Grievance or Employer Grievance a) A Union policy grievance or an Employer grievance may be submitted to the Employer or the Union, as the case may be, in writing, providing it is forwarded by the grieving party within ten (10) work days of the time circumstances upon which the grievance is based were known or should have been known by the grievor. A meeting between the Employer and the Union will be held within five (5) work days of the presentation of the written grievance and will take place within the framework of Step 2 of Article hereof. The Employer or the Union, as the case may be, will give its written decision within five (5) work days after such meeting has been held.

41 39 b) If the decision is unsatisfactory to the grieving party, the grievance may be submitted to arbitration. The advancement of the grievance must be made within fifteen (15) work days of the delivery of such written decision and the arbitration section of this Agreement will be followed. ARTICLE 23 - ARBITRATION If a notice of desire to arbitrate is served, the two parties shall each nominate an arbitrator within seven (7) work days of service and notify the other party of the name and address of its nominee. The two arbitrators so appointed shall attempt to select, by agreement, a Chairperson. If they are unable to agree upon a Chairperson within seven (7) work days of their appointment, either party may request the relevant government ministry to appoint an impartial Chairperson No person may be appointed as Chairperson who has been involved in an attempt to negotiate or settle the grievance The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson of the Arbitration Board governs Notices of desire to arbitrate and of nominations of an arbitrator shall be served personally, by fax, by or by registered mail. If served by registered mail, the date of service shall be deemed to be two (2) days following the date of mailing.