COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT BETWEEN LEDCOR MARINE LIMITED PARTNERSHIP AND TRANSPORT, CONSTRUCTION AND GENERAL EMPLOYEES ASSOCIATION, LOCAL NO. 66 AFFILIATED WITH THE CHRISTIAN LABOUR ASSOCIATION OF CANADA July 1, 2010 June 30, 2015

2 I N D E X TOPIC ARTICLE Arbitration Classifications and Hourly Rates of Pay... Schedule "A" Collective Agreement Amendments Dues and Trust Fund Payments Duration Education and Training Employment Policy and Union Membership... 7 General Holidays and Holiday Pay Grievance Procedure Health and Safety Committee Health and Welfare Plan... Schedule B and 16 Hours of Work and Overtime Leaves of Absence and Bereavement Pay Management's Rights... 4 Protective Equipment Purpose... 1 Recognition... 2 Retirement Plan Schedule of Work and Payment of Wages... 9 Scope... 3 Seniority, Layoff and Recall Tools Union Dues... 8 Union-Management Committee Union Representation... 5 Vacation and Vacation Pay Warning, Suspension and Discharge Work Stoppages... 6

3 COLLECTIVE AGREEMENT BETWEEN LEDCOR MARINE LIMITED PARTNERSHIP (The Employer") AND TRANSPORT, CONSTRUCTION AND GENERAL EMPLOYEES ASSOCIATION, LOCAL NO. 66 AFFILIATED WITH THE CHRISTIAN LABOUR ASSOCIATION OF CANADA (The Union") ARTICLE 1 - PURPOSE Duration: July 1, 2010 June 30, It is the intent and purpose of the Employer, the Union, and the employees, as parties to this Collective Agreement (the Agreement ), which has been negotiated and entered into in good faith, to: a) Recognize mutually the respective rights, responsibilities, and functions of the parties; b) Provide and maintain working conditions, hours of work, wage rates and benefits as set forth in this Agreement; c) Establish an equitable system for the promotion, transfer, layoff, and recall of employees; d) Establish a just and prompt procedure for the disposition of grievances; e) And through the full and fair administration of all the provisions contained within this Agreement, to develop and achieve a relationship among the Union, the Employer, and

4 2 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. 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. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the sole bargaining agent of all employees in the bargaining unit as defined in Article This Agreement covers those employees of the Employer working in the Province of British Columbia as described in the certification issued by the British Columbia Labour Relations Board There will be no revision, amendment, or alteration of the bargaining unit as defined in this Agreement 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 SCOPE 3.01 Should any part of this Agreement be declared or held invalid for any reason, that invalidity shall not affect the validity of the remainder, which shall continue in full force and effect and be construed as if the Agreement had been executed without the invalid portion.

5 The parties agree that the Employment Standards Act forms part of this Agreement, except those provisions modified by this Agreement 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. ARTICLE 4 - MANAGEMENT'S RIGHTS 4.01 Subject to the terms of this Agreement, the Employer's rights include, but are not limited to, the following: 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, recall 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 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.

6 The sole and exclusive jurisdiction over operations, building, machinery, and equipment will be vested in the Employer. ARTICLE 5 - UNION REPRESENTATION 5.01 Stewards For the purpose of representation with the Employer, the Union will function and be recognized as follows: a) The Union has the right to select or appoint Union Stewards ( Stewards ) to assist the employees in presenting any complaints or grievances they have to representatives of the Employer and to enforce and administer the Collective Agreement; b) The Union will notify and communicate with the Employer prior to the appointment of a Steward; c) The Union acknowledges that Stewards have regular duties to perform as employees of the Employer and that such employee 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 management. Such permission will not be unreasonably withheld. The Employer will pay Stewards at their regular hourly rate for time spent attending such duties during their working hours Representatives a) Duly appointed Representatives of the Union ( Representatives ) 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'

7 5 collective bargaining rights, as well as any other rights under this Agreement and under the law. Stewards will not act in this capacity. The Union will advise the Employer, in writing, of the name(s) of its duly appointed Representative(s). b) Representatives will have access to visit the workplace during normal working hours subject to the following: i) Such visits will be pre-arranged with management; ii) The Representative will not interfere with the progress of work; iii) For the purposes of this Article, Workplace does not include a working tug The Employer The Employer may meet periodically with their employees for the purpose of discussing any matters of mutual interest or concern to the Employer and the employees. A Representative may be invited to attend such meetings There will be no Union activity at the Employer's workplace during working hours, except that which is necessary for the processing of grievances and the administration and enforcement of this Agreement. ARTICLE 6 WORK STOPPAGES 6.01 In accordance with the BC Labour Code, during the term of this Agreement, or while negotiations for a further Agreement are being held: a) The Union will not declare or authorize any strike, slowdown, or any stoppage of work, or otherwise restrict or

8 6 interfere with the Employer s operations, on its own initiative or through its members; and b) The Employer will not engage in any lockout of its employees nor deliberately restrict or reduce the hours of work when this is not warranted by the workload. ARTICLE 7 - EMPLOYMENT POLICY AND UNION MEMBERSHIP 7.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force The Employer shall 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 new employees shall be provided to the Union once monthly. A list of employees ranked according to classification and showing the employee s rate of pay, shall be forwarded to the Union twice yearly 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, or as soon as reasonably possible after commencing work, new employees will be referred by the Employer to a Steward or Representative in order to describe the Union s purpose and representation policies to such new employees New employees will be hired on a three hundred and fifty (350) hours worked 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 shall be at the discretion of the Employer, provided that it is not for reasons that are in bad faith, arbitrary, or discriminatory.

9 Employees will undergo periodic performance reviews by management during the probationary period and not less than annually following confirmation to regular status. A copy of the written performance review will be provided to the employee and a copy placed on the employees file at the head office of the Employer Probationary employees shall receive ninety percent (90%) of the classification rate listed in Schedule A of this manual. On completion of the probationary period in Article 7.04 above or as determined by the Management Committee, the employee shall receive the full published rate for his or her classification listed in Schedule A Probationary employees are covered by the Agreement, excepting those provisions which specifically exclude such employees 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. ARTICLE 8 - UNION DUES 8.01 The Employer agrees to deduct from each employee s paycheque the amount equal to Union dues and where applicable an amount equal to Union dues arrears and Union administration 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 employees agree that the Employer will be saved harmless for all deductions and payments so made. The amount of Union dues shall be in accordance with the direction of the Union as determined by the National Convention.

10 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 regular Union 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. ARTICLE 9 SCHEDULE OF WORK AND PAYMENT OF WAGES 9.01 Wage schedules and other provisions applicable to various job classifications and work descriptions are set forth in Schedule A Employees shall be scheduled by the Employer to meet the needs of the customers and the schedule of ships. The Employer shall schedule employees at the earliest opportunity in advance of the work to be done. Wherever possible, a schedule of shifts to be worked will be posted sufficiently in advance of the work to be done to enable employees to make arrangements to attend their scheduled shift Employees reporting for a scheduled shift and for whom no work is available due to circumstances beyond the control of the Employer, shall be paid a minimum of four (4) hours pay at straight time base rate Employees starting work but prevented from completing their normal scheduled shift due to circumstances beyond the control of the Employer (weather, mechanical breakdown, etc.) shall be paid a minimum of four (4) hours pay at their straight time base rate.

11 Employees shall be paid at least bi-weekly by cheque or by automatic bank deposit at the option of the Employer. The employee s pay shall be accompanied by a statement detailing all hours of work, overtime hours, and deductions for income tax, employment insurance, Canada Pension Plan, and any health and welfare contributions. Ship Docking Operations 9.06 Due to the random schedules of the ships and equipment requiring tugboat assist, there are no set reporting times for shifts to be worked in the tugboat industry. In recognition of the fact that employees can be assigned to report to a tug at any hour of the day or night to begin their shift, employees who report for work and complete their assigned work aboard a tug at sea and for whom no further work aboard the tug(s) is required, shall be paid a minimum of eight (8) hours pay at the appropriate regular rate of pay Employees who complete a ship docking shift at sea and return to the dock prior to the expiry of their eight (8) hour shift may, at the discretion of the Employer, be required to complete the balance of their shift ashore, to maintain safety and/or the operational or mechanical integrity of the vessel or facilities As a general rule, employees shall be paid sea rate for all hours worked while at Sea. Employees shall be paid shore rate for all hours worked while not at Sea. General Operations 9.09 Where employees report to and commence work aboard a tug at a location as directed by the Employer and are required to leave the tug at a remote site the Employer shall provide transportation from the remote site to the initial work site of the employees. Time spent in transportation will be paid up to eight (8) hours straight time.

12 Where the Employer requires the employees to travel outside the Lower Mainland and report for and commence work aboard a tug located at a remote location, the Employer will provide transportation for the employees to the remote site. Time spent in transportation will be paid up o eight (8) hours straight time Employees required to work a split shift (two assigned shifts within a twenty-four (24) hour period) shall be paid a minimum of eight (8) hours pay at the appropriate rate of pay for the total aggregate time worked during the split shift(s). ARTICLE 10 - HOURS OF WORK AND OVERTIME Sunday shall be deemed the first day of the work week Except for those occasions where employees are assigned to work twelve (12) hour watches, all approved hours worked in excess of eight (8) hours per day or forty (40) hours per week (excluding daily overtime), shall be paid at the rate of one and one half (1.5x) times the regular rate Employees assigned to work on twelve (12) hour shifts (watches) while at Sea will operate on a six (6) hours on and six (6) hours off schedule (maximum of twelve [12] hours in one day). Employees shall not be scheduled more than one hundred and sixty (160) hours in two successive pay periods unless mutually agreed Employees working on twelve (12) hour shifts at sea will be paid at the overtime rate of one and one half (1.5) for hours worked in excess of one hundred and sixty (160) within a time frame of two (2) pay periods excluding any overtime worked pursuant to below Approved overtime worked shall be paid at double time (2x) the regular rate for any hours worked beyond twelve (12) hours of watch into a regular OFF watch.

13 When a General Holiday occurs during a regular work week (i.e. not a twelve (12) hour shift week), overtime shall be paid to employees for all regular hours in excess of thirty-two (32) hours worked that week. Where a General Holiday occurs during a twelve (12) hour shift week, and employees are required to work on the General Holiday, they shall be paid time and one-half (1.5x) for the first eight (8) hours worked and double time (2x) for all hours worked thereafter. Time worked on any of the General Holiday s outlined in Article 13, will be paid in the manner covered in the above paragraph 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 and Coffee Breaks and Meal Periods a) There will be two (2) coffee breaks of fifteen (15) minutes duration on each shift worked while ashore, one (1) in the first half of the shift and one (1) 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 shall be entitled to an additional coffee break for every two (2) hours of overtime worked ashore in a given day, where practicable. b) Employees working at sea shall be assigned coffee breaks and meal breaks by their Skipper consistent with the nature of the work at hand and the safety of the vessel and/or tow. c) If employees are not scheduled, but are required to work beyond twelve (12) hours in a day, the Employer will provide a meal period of one half (1/2) hour and a meal for the employees, where practical.

14 Meals and Meal Expenses a) Where an employee is working aboard the tug on a twelve (12) hour shift basis and unable to leave the vessel to obtain a meal, the Employer will provide a meal allowance of fifteen dollars ($15.00) per day. b) Where employees are required to remain aboard the tug operating on a continuous basis, or are required to travel away from port on Employer business and meals are not provided by the Employer, a meal allowance (CDN funds) will be provided as follows: Breakfast: $10.00 Lunch: $12.00 Dinner: $20.00 Max Daily Allowance: $42.00 ARTICLE 11 SENIORITY, LAY-OFF AND RECALL The Employer recognizes company seniority (length of continuous service with the Employer as a regular employee) and classification seniority (length of continuous service in the classification with the Employer). There will be three (3) main ship board classifications: Skipper, Mate and Deckhand Employees moving from one classification to another shall retain their classification seniority in the classification previously held, however, their classification seniority shall be frozen and they shall not accrue additional seniority in that classification For the purpose of determining seniority, where two (2) or more employees have the same classification seniority, the most senior shall be determined by the company seniority date The Employer will attempt to maximize the work available amongst the employees within their respective classifications giving consideration to the nature of the work to be done and the

15 13 qualifications and abilities of the employees. However, due to the nature of the tug boat industry and the unpredictability of deep sea ships schedules and the flow of cargo, there shall be no guarantee of a number of hours of work in any day and no guarantee of a number of days work in any month Where a Skipper or a Mate position becomes available, the position shall be posted within the Employer s operation first. Mates and Deckhands who have completed their probationary period and are regular employees and possess the requisite qualification, sea time, and ability, will be considered first. Where, at the sole discretion of the Employer, there are insufficient internal employees who possess the requisite qualifications, sea time and ability, external applicants may be considered. Where qualifications, sea time, and ability are relatively equal, as determined by the Employer, the senior applicant will prevail. It is understood that a formal assessment process will be utilized by the Employer to select the best candidate In the event there is a temporary shortage of work within a work day in a specific job classification, the Employer may assign the affected employees to work in another job classification at their regular rate of pay, provided the employee is qualified to do the required work Prior to any lay-off of employees, the Company may give an employee the option to work in another job classification where there is work available for which the employee is qualified. In that event, the employee shall be paid the rate of pay for the new job classification In the event that the Company determines that a curtailment of operations is necessary or a particular portion of the company s business is reduced and lay-off is required, the lay-off shall occur in the area as determined by the company by classification. In determining which employees shall be laid-off consideration will

16 14 be given the nature of the remaining work, the qualification, abilities and performance of the affected employees, having due regard to both classification seniority and company seniority in accordance to Article above Subject to the criteria in Article above, where all factors are relatively equal, the most junior employee within a classification will be laid off first in that classification A regular employee having completed the probation period and who is laid off and recalled by the Employer will not be required to start a new probationary period but will be given credit for their previous employment, provided the employee returns within twelve (12) months of the layoff Employees laid off for a period longer than twelve (12) months and recalled by the Employer will serve a new probationary period An employee who terminates their employment with the Employer, and is subsequently rehired, will serve a new probationary period Employees terminated for reasons other than just cause shall be entitled to the provisions of Section 63 of the Employment Standards Act. ARTICLE 12 - VACATION AND VACATION PAY The vacation year for the purposes of scheduling and taking vacation time off is the calendar year Employees will earn any adjustments to vacation entitlement on their respective anniversary dates of becoming regular employee Vacation Pay will be paid to employees on each paycheque.

17 Vacation Pay will be paid based on the employee s gross earnings Employees are entitled to Vacation Pay based on the following schedule: First 2 years: four (4%) percent (2 wks) Years 3 to 6: six (6%) percent (3 wks) Years 7 to 14: eight (8%) percent (4 wks) Years 15 to 21: ten (10%) percent (5 wks) Years 22 to 29: twelve (12%) percent (6 wks) Years 30 +: fourteen (14%) percent (7 wks) The Employer will consider vacations requests taking into account business requirements. ARTICLE 13 - GENERAL HOLIDAYS AND HOLIDAY PAY Employees will be entitled to receive an amount equal to four percent (4%) of their wages in lieu of the following holidays: New Year's Day, Good Friday, Victoria Day, Canada Day, BC Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day The General Holiday pay shall be paid to employees on each paycheque Employees who are scheduled for and work a regular eight (8) hour shift on one of the General Holidays shall receive overtime pay at one and one half (1.5x) times their regular rate of pay for the first eight (8) hours, and two (2x) times their regular rate of pay thereafter Employees who are assigned to work on a General Holiday while working on a twelve (12) hour shift (not a six [6] on and six [6] off) shall be paid one and one half (1.5x) times for the first eight

18 16 (8) hours worked and double time (2x) for all hours worked thereafter Employees working on a twelve hour shift (six [6] on and six [6] off) shall be paid one and one half (1.5) for all hours worked on that shift. ARTICLE 14 - UNION-MANAGEMENT COMMITTEE a) Consistent with the requirements of Section 53 of the Labour Relations Code of BC, and in order to build a cooperative relationship between the Employer, the Union and the employees, Union-Management meetings will be scheduled every two (2) months. The meetings will serve as a forum for discussion and consultation about policies and practices covered by, and not necessarily covered by the Collective Agreement affecting the workplace. The areas for discussion will include but not be limited to the following: i) safety measures; ii) matters that affect the working conditions of the employees; iii) iii) training and promotion; hiring policies; v) discipline and discharge policies. b) The Employer and the Union will each appoint representatives to the committee. Meeting notes will record the business of each meeting, and copies will be distributed as the committee determines An employee representative, attending the Union-Management meetings during regular working hours, will be entitled to their

19 17 regular hourly rate of pay for the hours spent in attendance at the Union-Management meeting. In the event that such meetings are held outside regular working hours, the Employer agrees to pay a flat fee of twenty dollars ($20.00) to an employee for each meeting attended In the event that consultation as per Article a) 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 consistent with the provisions of Article 22:02 of this Agreement. ARTICLE 15 - HEALTH AND SAFETY COMMITTEE a) The Employer agrees to make practicable 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. b) The Union undertakes to give full support to these objectives by promoting a safety consciousness and a personal sense of responsibility among its membership. c) It is the intent of the parties to have working conditions that are safe and healthy 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, due to the nature/severity of the injury is unable to transport themselves to the physician or the hospital, and therefore requires transportation from the work site to a local physician or hospital; they will receive such transportation provided for by the Employer.

20 18 ARTICLE 16 - HEALTH AND WELFARE PLAN The Employer will pay the premium cost of the Gold Plus Plan administered by the CLAC Health and Welfare Trust Fund for all regular full time employees who have successfully completed their probationary period. An outline of the plan is listed in Schedule B. Premiums shall be remitted monthly, and are due by the twentieth (20 th ) day of the month for the next months coverage Regular full time employees are eligible to receive coverage on the first (1 st ) day of the month following completion of the probationary period. At that time, the Employer shall remit premiums to commence coverage and shall continue to submit as per Article thereafter. 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 and eligibility requirements for the benefit plan and that neither the Union nor the Employer has any responsibility for ensuring that all requirements for eligibility or conditions of coverage entitlement of benefits are met by the employee, beyond the obligations specifically stipulated in this Agreement Coverage for each employee recalled in accordance with Article 11 will be effective the first (1 st ) of the month following the date in which the employee commences work In the event that an employee qualifies for benefit coverage in accordance with this Agreement, but after the applicable remittance is sent to the Union office, the Employer will remit the equivalent amount of two (2) month s coverage on the following remittance. Upon receipt of this remittance, the employee s coverage will be backdated accordingly.

21 Extended Coverage a) The Employer will pay the cost of this plan for one (1) calendar month following the layoff of each regular full-time employee, with the applicable coverage commencing on the first (1 st ) of the month following termination. The Employer will also pay the premium cost for an additional one (1) calendar month of each employee s completed calendar year of service, to a maximum of three (3) month s total coverage per full-time employee. b) The Employer will pay the cost of this plan for one (1) calendar month following the termination of any full-time employee for cause, provided such employee was eligible for benefits in accordance with their agreement at the time of termination. c) The Employer will continue to pay the cost of this plan for a maximum of one (1) calendar month for any full-employee who takes an approved leave of absence for the period of the leave, or for the full duration of any leave where required in accordance with the BC Employment Standards Act. d) The Employer will continue to pay the cost of this plan for a maximum of three (3) calendar months for any full-time employee who is unable to work due to a non-work related injury or illness. e) The Employer will continue to pay the cost of this plan for a maximum of six (6) calendar months for any full-time employee who is unable to work due to a work related injury or illness The Employer will contribute sixty cents ($0.60) per hour to the Union for all hours worked by full-time employees who reside in British Columbia who qualify for benefits for the purposes of providing BC Medical Plan coverage.

22 20 ARTICLE 17 RETIREMENT PLAN Full-time employees will qualify for participation in this plan after successfully completing their probationary period. Monies contributed by the Employer will only begin after the employee successfully completes their probationary period RSP The Employer agrees to contribute the amount as set out in Schedule A for each hour worked toward each employee s participation in the RSP administered by the CLAC Health and Welfare Trust Fund. Payment will be based on the employee s base hourly wage rate. a) 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; b) 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; c) Withdrawal of funds and payouts from the RSP will be subject to law and the terms of the Plan; d) 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.

23 Additional RSP Contributions The Employer agrees to contribute an additional amount as set out in Schedule A for each hour worked by each full-time employee who voluntarily contributes the same amount to the RSP. a) The Employer will remit the employee s and the Employer's contribution to the Plan, subject to the conditions specified in Article 8, together with an itemized list of the employees and the amounts applicable to each; b) A completed authorization form, in a format provided by the Plan, for the employee to enrol in the RSP program shall be submitted along with the first remittances for the employee; c) All RSP contributions will be recorded on the Employer s monthly remittance to the Plan with voluntary contributions recorded separately. ARTICLE 18 - EDUCATION AND TRAINING Subject to prior application in writing and approval, the Employer will reimburse the full cost (tuition) of any new government required courses needed for the continuation of existing job specific certifications provided the course are relevant to and required by the Employer. Prior approval from the Employer is required and the employee is required to attend and successfully complete the course(s) The Employer encourages employees to continue to develop relevant work related skills and to competently demonstrate existing ones. Training or skill upgrade opportunities that become available may be approved by the Employer upon application by the employee. Such approval will be based on management s assessment of the appropriateness of the training and the benefit to the company and the employee. Training programs that enhance an employee s qualifications and ability to

24 22 perform several different and required functions for the Company are encouraged and are generally supported by the Company. Employees must contact management to discuss and seek management s approval before enrolling in any career enhancing course(s) Employees required to attend school to qualify for or upgrade an existing job related qualification or ticket that has been approved or required by the Employer may, at the sole discretion of the Employer and upon satisfactory completion of the training/upgrade or school course(s) as determined in advance by the Employer, be reimbursed up to one half (0.5) appropriate straight time hourly rate for regular shift hours spent at school provided that the employee attends and successfully completes the course(s) General Training and familiarization of the Employer s vessels and equipment (boat handling) may be provided to those employees as selected by the Employer and at the sole discretion of the Employer. Such familiarization is to enhance the skills of such employees and to facilitate their preparation for elevations to a Skippers or Mates position that may become available consistent with the spirit and intent of above Maintaining currency of existing qualifications or renewal of existing licenses, certificates, tickets or endorsements required by and administered by Transport Canada is the sole responsibility of the employee Employees whose existing license, qualification, ticket or endorsement has expired may be prohibited from sailing on any of the Employer s vessels For greater certainty, a valid Standard First Aid Certificate is required by the Employer for every shipboard employee.

25 23 ARTICLE 19 - TOOLS Shipboard employees are responsible to provide a suitable seaman s knife, personal effects and clothing suitable for work at sea or ashore at the Employer s shore based operations. Where required, specialty tools, safety equipment, and approved PFD floater clothing for work at sea shall be provided to full-time regular employees (non-probationary) by the Employer Employees shall be held responsible for the care and maintenance of all tools and safety equipment (including PFD and Floater Clothing) issued to them by the Employer. ARTICLE 20 - PROTECTIVE EQUIPMENT Employees are generally issued with personal protective equipment (PPE) at the commencement of employment. This equipment is the property of the Employer and must be accounted for and returned to the Employer on termination of employment. The equipment consists of but is not limited to the following: Hard hat Reflective Safety Vest(s) Personal Floatation Vest with Radio Pocket Hand-held VHF radio Head Lamp Coveralls Floater coat and pants Safety glasses Hearing protection (ear muff style) Where any of the above equipment is damaged or lost, it must be reported to the employee s Skipper or management immediately The Employer will furnish employees with other safety equipment if and when required by the Employer. This equipment shall remain the property of the Employer. Any worn

26 24 out or damaged safety equipment will be replaced by the Employer upon presentation of the worn or damaged equipment. Employees shall be held responsible for loss of/or improper maintenance of the Employer s furnished items On production of a receipt, the Employer shall reimburse postprobationary full-time employees to a maximum of one hundred and twenty-five dollars ($125.00) every twelve (12) months for the purchase of appropriate CSA approved footwear which are required to be worn aboard vessels and shore based facilities The Employer shall furnish each employee two (2) pairs of protective coveralls on commencement of employment and thereafter as required. Employees are responsible for the care, cleaning and maintenance of the safety and/or protective equipment allocated to them. The Employer will replace coveralls damaged or worn as a result of normal operations for the Employer upon presentation of the coveralls requiring replacement. ARTICLE 21 - LEAVES OF ABSENCE AND BEREAVEMENT PAY The Employer may grant leaves of absence without pay, for a time mutually agreed upon between the Employer and the employee, for the following reasons: a) Marriage of the employee; b) Sickness of the employee or employee's immediate family; c) Union activity, other than the establishment of this Agreement; d) Death of a family member not outlined in Article

27 An employee will be granted up to three (3) days leave of absence with pay, at their regular straight time hourly rate, to make arrangements for and to attend the funeral of the employee's spouse, common law spouse, child, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, and grandchildren. Further time may be granted by mutual agreement between the Employer and the employee. To receive such pay the employee must return to work unless notified during the leave of a layoff Following a leave of absence, employees who fail to report back 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 Representatives specified in Article 5 as the agents through which employees will process their grievances 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 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.

28 26 ii) A Policy Grievance will be signed by a Steward or a Union Representative, or in the case of an Employer's Policy Grievance, by the Employer or their representative. d) The Grievance referred to above shall identify: i) the facts giving rise to the grievance; ii) iii) the section or sections of the Agreement claimed to be violated; the relief requested; iv) and shall be signed by the employee or employees involved All the time limits referred to in the grievance procedure herein contained will be deemed to mean "work days". A work day is defined as any day from Monday to Friday. 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. From the date of that unilateral declaration the time limits will come into effect at the last step filed by either party. The parties may 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.

29 27 b) If the Employer does consider or process a grievance which has been presented late, the Employer will not be stopped or precluded at any stage from taking the position that the grievance is late and not arbitrable No employee will have a grievance until the employee has discussed the complaint with management. If the employee s immediate 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 Representative. The designated Employer representative will notify the Representative of their decision in writing not later than five (5) work days following the day upon which the grievance was received. Step 2 If the grievance is not settled in Step 1, a Representative will within five (5) work days of the decision under Step 1, or within five (5) work days of the day this decision should have been made, submit a written grievance to the designated Employer representative. A meeting will be held between the Steward or 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 will notify the Steward or Representative of their decision in writing within five (5) work days of such meeting.

30 28 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 within five (5) work days of the delivery of the decision or within five (5) days of the date on which the decision should have been made in Step 2 to the Steward or Representative 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, 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 3 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. b) If the decision is unsatisfactory to the grieving party, or if a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may commence arbitration proceedings at 23.01, within fifteen (15) work days of the delivery of such written decision or the failure to answer the grievance and the arbitration section of this Agreement will be followed. ARTICLE 23 - ARBITRATION Either Party may refer an unresolved grievance pursuant to Article 22 above to arbitration by serving notice to the other party of its intent to pursue the unresolved matter through arbitration. The Parties shall meet and select a single Arbitrator from the list

31 29 of Arbitrators provided at below within seven (7) days of receipt of the service Notices of desire to arbitrate shall be served by the initiating party personally, by fax, by or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service For the purposes of the Parties shall select a single Arbitrator by random selection amongst the following names: Colin Taylor John Sanderson Bob Blasina David McPhillips The Arbitrator shall convene a hearing into the grievance; he shall hear the grievance, determine the matter in dispute and render a decision which shall be final and binding upon both parties It is agreed that the Arbitrator shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article 22 and 23 where it appears that the default was owing to reliance upon the words or conduct of the other party Each of the parties will bear their own expenses and jointly bear the expense of the Arbitrator The Arbitrator shall not be authorized to make any decisions inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to him by the notice to arbitrate specified in Step 3 of Article hereof.

32 ARTICLE 24 WARNING, SUSPENSION AND DISCHARGE An employee may be suspended or discharged for proper cause by the Employer. Proper cause may include but not limited to the following: a) the refusal by an employee to abide by Safety Regulations; b) the use of illegal drugs; c) reporting for work while under the influence of alcohol and or illegal drugs; d) the refusal by the employee to submit to a drug test when asked to do so on reasonable grounds; e) the refusal by the employee to abide by the requirements of the Employer s clients; f) the refusal by the employee to abide by the requirements of the Employer's published rules, regulations, policies and practices In the case of a suspension or discharge, the Union may meet with the Employer within ten (10) days to attempt to resolve the matter. If the matter is not resolved at this meeting, it may be referred directly to arbitration, by-passing the grievance procedure When the attitude or performance of an employee calls for a warning by the Employer, such a warning will be provided in writing by management. Management will send a copy of such warning to the Steward and Union office within twenty-four (24) hours.

33 31 ARTICLE 25 - DUES AND TRUST FUND PAYMENTS The parties acknowledge that delinquent payments to the Union for Union dues or for any of the Employer contributions to the Funds established in Articles 16 and 17 will pose a serious threat to the plan participants. Therefore the Trustees of the Funds are empowered to take any action in law necessary to collect all Funds owing, and to impose remedies and damages stipulated by the Trust Agreements. All costs of such collection will be borne by the Employer Contributions will be made to the Provincial Remittance Processing Centre pursuant to Articles 8, 16 and 17 each month, by the twentieth (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 In the event that the Employer fails to make the proper remittance, the Union will notify the Employer of this failure. The Employer will then have two (2) working days to correct this error Further to Article 25.03, if the Employer continues to be delinquent in its remittance to the Union as outlined in Articles 8, 16 and 17, the Union or the Trust Funds may impose a penalty of one percent (1%) per month on the amount owing. ARTICLE 26 COLLECTIVE AGREEMENT AMENDMENTS It is understood and agreed that the wage rates and other provisions set out in this Agreement may be amended by mutual agreement if there are significant changes in the industry or for specific bids to enable the Employer to compete with non-union competition and/or with other specific union project agreement rates. Either party may request that negotiations commence by giving notice in writing. The Employer and the Union agree to

34 32 have representatives meet for discussions at the earliest opportunity but not later than within thirty (30) days of receiving the request from the other party. Any amendment resulting from the discussions under these terms will be put in writing and signed by a representative of the Employer and a representative of the Union. Agreement will not be unreasonably withheld.