1. society
2. work
3. unions

PROJECT AGREEMENT
between
HEBRON PROJECT EMPLOYERS’
ASSOCIATION INC.
and
RESOURCE DEVELOPMENT TRADES COUNCIL OF
NEWFOUNDLAND AND LABRADOR
for
THE HEBRON DEVELOPMENT PROJECT
Rev. 1
Table of Contents
ARTICLE 1
PURPOSE .........................................................................................................................4
ARTICLE 2
PARTIES ...........................................................................................................................4
ARTICLE 3
DEFINITIONS ....................................................................................................................5
ARTICLE 4
SCOPE ..............................................................................................................................6
ARTICLE 5
FORM OF AGREEMENT ..................................................................................................7
ARTICLE 6
RECOGNITION..................................................................................................................8
ARTICLE 7
STRIKES AND LOCKOUTS .............................................................................................8
ARTICLE 8
UNION SECURITY ............................................................................................................8
ARTICLE 9
HIRING ..............................................................................................................................9
ARTICLE 10
COUNCIL OF UNIONS AND CONTRACTOR SITE REPRESENTATIVES.................. 11
ARTICLE 11
ACCESS TO SITE .......................................................................................................... 11
ARTICLE 12
NO BARGAINING RELATIONSHIP FOR EXXONMOBIL CANADA PROPERTIES ... 12
ARTICLE 13
MANAGEMENT RIGHTS ............................................................................................... 12
ARTICLE 14
GRIEVANCE AND ARBITRATION PROCESS ............................................................. 13
ARTICLE 15
LIAISON COMMITTEE ................................................................................................... 15
ARTICLE 16
RESPONSIBILITY OF PARTIES ................................................................................... 16
ARTICLE 17
STEWARDS ................................................................................................................... 17
ARTICLE 18
COMPOSITE CREWS .................................................................................................... 17
ARTICLE 19
PREJOB CONFERENCE ............................................................................................... 19
ARTICLE 20
HOURS OF WORK, SHIFTS, OVERTIME AND TERMS OF PAYMENT ..................... 21
ARTICLE 21
OFFSHORE .................................................................................................................... 24
ARTICLE 22
CALLOUT ....................................................................................................................... 26
ARTICLE 23
REPORTING TIME ......................................................................................................... 26
ARTICLE 24
WAGES AND BENEFITS ............................................................................................... 27
ARTICLE 25
VACATION AND RECOGNIZED HOLIDAYS ............................................................... 28
ARTICLE 26
TERMINATION OF EMPLOYMENT .............................................................................. 28
ARTICLE 27
TRAVEL ZONE............................................................................................................... 29
ARTICLE 28
CAMP ACCOMMODATION ........................................................................................... 32
ARTICLE 29
LUNCHROOM AND SANITARY FACILITIES ............................................................... 32
ARTICLE 30
APPRENTICESHIP ........................................................................................................ 33
ARTICLE 31
TRAINING....................................................................................................................... 33
ARTICLE 32
TOOLS............................................................................................................................ 33
ARTICLE 33
DIVERSITY ..................................................................................................................... 34
ARTICLE 34
HEALTH AND SAFETY ................................................................................................. 35
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ARTICLE 35
SAVING CLAUSE .......................................................................................................... 36
ARTICLE 36
LEAVE OF ABSENCE ................................................................................................... 36
ARTICLE 37
WELDING TESTS .......................................................................................................... 37
ARTICLE 38
PROJECT ADMINISTRATION FUND ........................................................................... 37
ARTICLE 39
FOREIGN REGISTERED (MARINE & TRANSPORTATION) CONTRACTORS .......... 37
ARTICLE 40
DURATION ..................................................................................................................... 38
ARTICLE 41
HEBRON PROJECT PREMIUM .................................................................................... 38
ARTICLE 42
DESIGNATED FUND ..................................................................................................... 39
SIGNATURE PAGE
40
EXHIBIT A
PANEL OF ARBITRATORS .......................................................................................... 43
EXHIBIT B
JURISDICTION DISPUTES RESOLUTION PLAN ........................................................ 44
EXHIBIT C
WORK SCHEDULES ..................................................................................................... 49
EXHIBIT D
SITE MAP ....................................................................................................................... 57
EXHIBIT E
ISLAND OF NEWFOUNDLAND TRAVEL ZONES ....................................................... 58
EXHIBIT F
TRADE APPENDICES ................................................................................................... 59
1. Boilermakers
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths,
Forgers, and Helpers and Local Union 203............................................................. 60
2. Bricklayers
International Union of Bricklayers and Allied Craftworkers and Local Union 1 ...... 70
3. Elevators
International Union of Elevator Constructors and Local Union 125 A ..................... 76
4. Hotel and Restaurant
Hotel Employees and Restaurant Employees International and Hotel and
Restaurant Workers, Local Union 779 .................................................................... 81
5. Linesperson
International Brotherhood of Electrical Workers and Local Union 1620 ................. 87
6. Electrical
International Brotherhood of Electrical Workers and Local Union 2330 ................. 93
7. Insulators
International Association of Heat and Frost Insulators and Allied Workers and Local
Union 137 .............................................................................................................. 100
8. Ironworkers
International Association of Bridge, Structural, Ornamental and Reinforcing
Ironworkers and Local Union 764 .......................................................................... 105
9. Labourers
Labourers’ International Union of North America and the Construction and General
Labourers’ Union, Rock and Tunnel Workers and Local Union 1208 ................... 113
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10. Carpenters
United Brotherhood of Carpenters and Joiners of America, Local Union 579 ...... 119
11. Millwrights
United Brotherhood of Carpenters and Joiners of America, Local Union 1009 .... 125
12. Operating Engineers
International Union of Operating Engineers and Local Union 904 ........................ 131
13. Painters
International Union of Painters and Allied Trades and Local Union 1984 ............. 140
14. Sheet Metal Workers
Sheet Metal Workers’ International Association and Local Union 512 ................. 145
15. Teamsters
The International Brotherhood of Teamsters and Local Union 855 ...................... 150
16. Plumbers and Pipefitting
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting
Industry of the U.S. and Canada, and Local Union 740 ........................................ 157
MEMORANDUM OF UNDERSTANDINGS
Memorandum of Understanding: IBEW 1620 .................................................. 166
Memorandum of Understanding: Insulators.................................................... 168
Memorandum of Understanding: Operating Engineers ................................. 170
Memorandum of Understanding: Painters ....................................................... 172
LETTER OF UNDERSTANDING
Letter of Understanding: Article 20.06 .............................................................. 174
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ARTICLE 1 PURPOSE
1.01
The purpose of this AGREEMENT is to establish the terms and conditions of
employment for workers employed by CONTRACTORS at the Bull Arm SITE. The
AGREEMENT shall apply to, among other things, rates of pay, benefits, hours of
work and other working conditions so as to promote orderly and productive
relations and achieve uninterrupted completion of the project, on time, within
budget while maintaining an exemplary safety record. Both PARTIES shall comply
with the terms and conditions of the Hebron Project Benefits Agreement signed
August 20th, 2008.
ARTICLE 2 PARTIES
2.01
The PARTIES to this AGREEMENT shall be as follows:
a) Hebron Project Employers’ Association Inc.
b) Resource Development Trades Council of Newfoundland and Labrador on
behalf of the following signatory Department and Unions:
i.
The Canadian Office of the Building and Construction Trades Department,
AFL – CIO
ii.
International Association of Heat and Frost Insulators and Allied Workers and
Local Union 137
iii.
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths,
Forgers, and Helpers and Local Union 203
iv.
International Union of Bricklayers and Allied Craftworkers and Local Union 1
v.
United Brotherhood of Carpenters and Joiners of America, Local Union 579
vi.
United Brotherhood of Carpenters and Joiners of America, Local Union 1009
vii.
International Brotherhood of Electrical Workers and Local Union 2330
viii. International Brotherhood of Electrical Workers and Local Union 1620
ix.
International Association of Bridge, Structural, Ornamental and Reinforcing
Ironworkers and Local Union 764
x.
Labourers’ International Union of North America and the Construction and
General Labourers’ Union, Rock and Tunnel Workers and Local Union 1208
xi.
International Union of Operating Engineers and Local Union 904
xii.
International Union of Painters and Allied Trades and Local Union 1984
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xiii. The International Brotherhood of Teamsters and Local Union 855
xiv. United Association of Journeymen and Apprentices of the Plumbing and
Pipefitting Industry of the U.S. and Canada, and Local Union 740
xv.
Sheet Metal Workers’ International Association and Local Union 512
xvi. Hotel Employees and Restaurant Employees International and Hotel and
Restaurant Workers, Local Union 779
xvii. International Union of Elevator Constructors and Local Union 125 A
2.02
Any other Unions who become members of the COUNCIL OF UNIONS shall also
be signatory to this AGREEMENT.
ARTICLE 3 DEFINITIONS
3.01
In this AGREEMENT the following words and phrases have the respective
meanings given below:
a) AGREEMENT means this instrument, including the Exhibits and the
Appendices hereto.
b) ASSOCIATION means the Hebron Project Employers’ Association Inc., a
corporation, having an office in the City of St. John’s, Newfoundland and
Labrador, Canada, acting for and on behalf of the CONTRACTORS,
carrying out WORK at the SITE.
c) CONTRACTOR means all CONTRACTORS,
CONTRACTORS and sub-contractors.
including
the
PRIME
d) COUNCIL OF UNIONS means the Resource Development Trades Council
of Newfoundland and Labrador comprised of the trade unions and the
Canadian Office of the Building and Construction Trades Department, AFLCIO listed in Article 2.01 b) and 2.02 of this AGREEMENT.
e) NEWFOUNDLAND AND LABRADOR RESIDENT means a Canadian or
landed immigrant who has his/her PRINCIPAL RESIDENCE in the Province
of Newfoundland and Labrador. Factors and/or current documents to be
examined when determining who is a resident may include property tax
assessment; lease agreement; driver’s license; vehicle registration; income
tax returns; voter’s list registration or MCP number.
f) OWNER means the Hebron Group for which ExxonMobil Canada Properties
acts as Operator.
g) PARTY or PARTIES means the two (2) parties set forth in Article 2.00
hereof or any one of them.
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h) PRIME CONTRACTORS means the CONTRACTORS, engaged directly by
the OWNER, to carry out the WORK at the SITE.
i) PRINCIPAL RESIDENCE means the place where the worker maintains a
self-contained domestic establishment where he/she ordinarily resides, that
is, a dwelling, house or similar place of residence where a person generally
eats and sleeps.
j) SITE means the Great Mosquito Cove area of Bull Arm, Trinity Bay,
Newfoundland and Labrador, including the onshore, atshore and inshore
locations, as per the SITE Map in Exhibit D.
k) TEMPORARY FOREIGN WORKERS means workers, or prospective
workers, who are not citizens or permanent residents of Canada.
l) UNION means a UNION affiliated to the COUNCIL OF UNIONS and
includes its parent International Union where the context requires.
m) WORK means the construction or fabrication activities of the Gravity Base
Structure, Topsides and Platform Hook-Up for the Hebron Development
Project carried out for CONTRACTORS at the SITE by workers represented
by the COUNCIL OF UNIONS.
n) WORK SCHEDULE means the number of scheduled work days and the
number of scheduled days of rest to which a worker may be assigned by the
CONTRACTOR.
ARTICLE 4 SCOPE
4.01
The terms of this AGREEMENT shall apply to WORK carried out at the SITE for
the CONTRACTORS by the workers represented by the COUNCIL OF UNIONS in
the classifications outlined in the attached Appendices.
The provisions set out in this AGREEMENT shall apply to each CONTRACTOR in
respect to their workers engaged in WORK on the SITE for which the COUNCIL
OF UNIONS has established and retained or subsequently acquires and retains
the right of collective bargaining.
4.02
The ASSOCIATION and the COUNCIL OF UNIONS may, by written mutual
agreement, amend the terms of this AGREEMENT.
4.03
The terms of this AGREEMENT, including the Appendices, shall take precedence
over existing or future union contracts or agreements.
4.04
Except as otherwise provided herein, vehicles transporting or delivering materials,
modules, goods and supplies to and from the SITE, which are not operated by
members of the COUNCIL OF UNIONS, shall be permitted to make one drop or
pick-up on the SITE at or near the point of their installation or otherwise as
directed.
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Any module transported to the SITE requiring specialized delivery equipment may
be delivered from its point of disembarkation to its point of installation by personnel
who may not be members of the COUNCIL OF UNIONS.
One (1), possibly two (2), batch plants shall be established on SITE. If concrete is
required prior to this, deliveries will be made to the points of installation by
personnel, who may not be members of the COUNCIL OF UNIONS. If the
capacity of the batch plant(s) operation on SITE cannot supply the required
concrete in a timely fashion, or in the case of breakdown of the plant(s), concrete
deliveries may be made to points of installation on an as needed basis only, by
personnel, who may not be members of the COUNCIL OF UNIONS.
If a rock crusher operation is established on SITE, it shall fall under the terms of
the AGREEMENT.
All truck transportation of aggregate, rock and spoil within the boundaries of the
SITE is under the terms of the AGREEMENT.
All truck transportation of aggregate, rock and spoil from the SITE shall be carried
out under the terms of the AGREEMENT.
Garbage and recyclables shall be accumulated and delivered for sorting to a
central location on SITE. This work shall fall under the terms of the AGREEMENT.
In the specific instance of trucks transporting aggregate onto the SITE, the drivers
shall pay Union dues to the appropriate UNION.
4.05
WORK, commenced at Bull Arm, requiring completion by the same
CONTRACTOR offshore, shall be completed by members of the COUNCIL OF
UNIONS under the terms and conditions of this AGREEMENT.
4.06
Solid ballasting, whether undertaken at Bull Arm or offshore, is WORK and shall
be completed by members of the COUNCIL OF UNIONS under the terms and
conditions of this AGREEMENT.
ARTICLE 5 FORM OF AGREEMENT
5.01
This AGREEMENT consists of a Master Portion, Exhibits and Trade Appendices.
5.02
The Master Portion of this AGREEMENT defines and governs the conditions of
employment at the SITE.
5.03
A Trade Appendix shall be attached to and form part of this AGREEMENT for
each member of the COUNCIL OF UNIONS. Each Trade Appendix shall include
only those matters that are not covered in the Master Portion and which are
specific to a particular trade.
5.04
In any case of conflict between a Trade Appendix and the Master Portion of this
AGREEMENT, the Master Portion shall govern.
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ARTICLE 6 RECOGNITION
6.01
The ASSOCIATION recognizes the COUNCIL OF UNIONS as the sole and
exclusive bargaining agent for workers of the CONTRACTORS engaged in WORK
at the SITE and described in the classifications set forth in the attached
Appendices.
6.02
The COUNCIL OF UNIONS hereby recognizes the ASSOCIATION as the sole
and exclusive bargaining agent for all CONTRACTORS engaged in WORK at the
SITE.
ARTICLE 7 STRIKES AND LOCKOUTS
7.01
During the life of this AGREEMENT there shall be no lockouts by a
CONTRACTOR, and there shall be no strikes, slow-downs, or concerted activities
designed to restrict or limit productivity, on the part of any UNION or worker
employed at the SITE.
7.02
No worker shall refuse to perform WORK for a CONTRACTOR in accordance with
the provisions of the Labour Relations Act of the Province of Newfoundland and
Labrador, Division III – Special Projects, Section 70 (7).
7.03
No UNION or worker shall refuse to handle or install any material, equipment
or components or to honour hot cargo edicts, or otherwise during the life of this
AGREEMENT.
ARTICLE 8 UNION SECURITY
8.01
The CONTRACTOR shall not discriminate against any worker by reason of
membership in a UNION.
8.02
Every worker, who is a member or becomes a member of a UNION, shall maintain
his/her membership in a UNION as a condition of employment.
8.03
Every new worker, including TEMPORARY FOREIGN WORKERS, shall be given
the option to make application to become a member in a UNION. However, they
are required to pay Union dues and assessments as a condition of employment.
8.04
Payment of all UNION assessments, dues, initiation fees and working/field dues
are a condition of employment and shall be deducted by the CONTRACTORS and
remitted to the appropriate UNION as specified in its Trade Appendix. These
deductions shall be authorized by any worker covered by this AGREEMENT.
Any worker, who refuses or neglects to sign the appropriate forms, or who revokes
the authorization, or who resigns membership in the UNION will be deemed to
have forfeited his/her right for employment on the Project and will be deemed to
have voluntarily resigned.
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8.05
A person shall be deemed to be in good standing with the Union for purposes of
compliance with Article 8.03 above if he/she has paid the one time permit fee in an
amount that is consistent with the UNION’S historical practices and which has not
been unreasonably increased for the Hebron Development Project. The person
shall authorize Union dues deductions and assessments, notwithstanding the fact
that the person has not joined the Union.
ARTICLE 9 HIRING
9.01
The ASSOCIATION and the COUNCIL OF UNIONS agree that, as required by the
federal and provincial Atlantic Accord legislation, full and fair opportunity for
employment shall be provided to qualified Canadians. Consistent with the Charter
of Rights and Freedoms, qualified NEWFOUNDLAND AND LABRADOR
RESIDENTS shall be given first consideration for employment and training.
The PARTIES are committed to working cooperatively to identify, recruit and
employ workers in the following order of priority for WORK on the SITE:
1.
2.
3.
4.
5.
6.
9.02
Qualified members of the UNION, who are NEWFOUNDLAND AND
LABRADOR RESIDENTS;
Qualified NEWFOUNDLAND AND LABRADOR RESIDENTS;
Qualified Canadian workers, who are members of affiliated Unions;
Qualified Canadian workers;
Qualified legal residents of the United States of America, who are members
of Unions affiliated to the COUNCIL OF UNIONS and who are authorized to
enter and work in Canada; and
Other qualified non-Canadian workers who are authorized to enter and work
in Canada.
Hiring shall be done in cooperation with the UNIONS with sixty percent (60%) /
forty percent (40%) UNION/CONTRACTOR name hire directly from the UNION
out-of-work list. The UNION shall select the first (1st) worker from the UNION’S
out-of-work list, and the CONTRACTOR shall select the second (2nd) worker from
the UNION’S out-of-work list. The UNION shall select the third (3rd) and fourth (4th)
workers from the UNION’S out-of-work list and the CONTRACTOR shall select the
fifth (5th) worker from the UNION’S out-of-work list. This sequence shall be
repeated for all the remaining hires from the UNION’S out-of-work list.
The above hiring procedure may be adjusted by mutual agreement between the
CONTRACTOR and the UNION and in accordance with provisions of the trade
appendices.
9.03
Subject to provisions of Article 9.01, CONTRACTORS shall only hire workers who
are members of the UNION and who have been furnished by the UNION. As a
condition of employment, these workers shall remain in good standing in the
UNION and comply with all rules and regulations of the UNION.
9
If the UNION is unable to supply the workers required within three (3) consecutive
days, exclusive of Saturdays, Sundays and Statutory Holidays, the
CONTRACTOR may hire from other sources, subject to Article 9.01. All workers
shall be cleared through the appropriate UNION prior to commencing WORK, and
as a condition of employment, shall comply with all rules and regulations of the
appropriate UNION.
All hiring shall be done through the UNION office and no worker shall be employed
unless he/she is in possession of a referral slip from the UNION Office. The
signed referral slip shall be presented to and approved by the Shop Steward or
COUNCIL OF UNIONS Site Representative prior to commencement of WORK.
9.04
The COUNCIL OF UNIONS recognizes the CONTRACTORS’ right to determine
the competence and qualifications, including medical and physical fitness, of a
worker to perform the WORK for which he/she is employed.
9.05
Notwithstanding Article 9.02, CONTRACTORS have the right to select their
forepersons and general forepersons from the UNION out-of-work lists.
The foreperson to worker ratio per trade shall not exceed ten (10) workers to one
(1) foreperson unless modified by mutual agreement. The ratio of foreperson to
general foreperson shall be three (3) forepersons to one (1) general foreperson.
The above ratios may be adjusted, by mutual agreement between the
CONTRACTOR and the UNION, in accordance with provisions of the Trade
Appendices.
9.06
The UNIONS shall ensure that those workers referred to the SITE do not have to
travel in order to pick up their referral slip. The UNION shall make every effort to
use facsimile transmission, courier service or some other efficient means to avoid
unnecessary travel, transportation and delay. The worker shall sign the referral
slip and provide it to the COUNCIL OF UNIONS’ Site Representative before
he/she is allowed to commence work.
9.07
The nature of the concrete pours/slip-forming on the Gravity Base Structure shall,
from time to time, require the interruption of those concrete pours, which shall
result in the temporary layoff of workers impacting the trades of Ironworkers,
Labourers, Carpenters and Cement Masons, for short periods of time. For those
work interruptions (not exceeding thirty (30) days), the CONTRACTOR shall
advise the above UNIONS of its recall needs and those UNIONS shall issue a
referral slip in the same order as initial hire.
Temporary layoffs shall occur in reverse order of the hiring priority described in
Article 9.01. For greater clarity, the last workers to be laid-off shall be members of
the COUNCIL OF UNIONS, subject to their qualifications to complete the
remaining concrete pours.
9.08
Local Unions shall not be required to present their membership lists to any
prospective employer; but agree that information that is publicly displayed as to
whether or not a member is out of work may be viewed by the employer.
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ARTICLE 10 COUNCIL OF UNIONS AND CONTRACTOR SITE REPRESENTATIVES
10.01
The ASSOCIATION shall designate a Site Representative for each PRIME
CONTRACTOR with full authority to administer the terms of this AGREEMENT.
The COUNCIL OF UNIONS agrees to recognize the ASSOCIATION’s Site
Representatives and their authority to carry out those duties. The ASSOCIATION’s
Site Representatives shall be ex officio members of all joint committees, except
the Liaison Committee.
10.02
The COUNCIL OF UNIONS shall designate a Site Representative for each PRIME
CONTRACTOR with full authority to administer the terms of this AGREEMENT.
The ASSOCIATION agrees to recognize the COUNCIL OF UNIONS’ Site
Representatives and their authority to carry out those duties. The COUNCIL OF
UNIONS’Site Representatives shall be ex officio members of all joint committees,
except the Liaison Committee.
10.03
The Site Representatives appointed in Article10.01 and Article 10.02 shall have
offices at the SITE and the offices shall be comparably outfitted with equipment
and access to amenities similar to other SITE project offices. The offices will be
located at the GBS project area and the Topsides project area. The Site
Representatives shall be provided a vehicle for purposes of attending to their
respective responsibilities on SITE. The Site Representatives appointed in
Article10.01 and Article 10.02 shall be eligible for accommodation at the SITE.
10.04
The COUNCIL OF UNIONS’ Site Representatives shall be empowered by the
COUNCIL OF UNIONS to deal directly with the ASSOCIATION’s Site
Representatives on all matters relative to this AGREEMENT. They shall cooperate
in the implementation and administration of employee-related programs. An
alternate COUNCIL OF UNIONS’ Site Representative may be appointed when
necessary.
10.05
The ASSOCIATION’s Site Representatives shall be empowered by the
ASSOCIATION to deal directly with the COUNCIL OF UNIONS’ Site
Representatives on all matters relative to this AGREEMENT. They shall cooperate
in the implementation and administration of employee-related programs. An
alternate ASSOCIATION Site Representative may be appointed when necessary.
ARTICLE 11 ACCESS TO SITE
11.01
International Representatives, Business Managers or Agents, designated in writing
by the COUNCIL OF UNIONS, shall have access to the SITE and in no case shall
the visits interfere with the progress of the WORK. Admission to the SITE will be
in accordance with SITE policies and procedures. Prior arrangements for access
to the SITE will be made with the appropriate COUNCIL OF UNIONS’ Site
Representative through the appropriate ASSOCIATION’s Site Representative.
The appropriate ASSOCIATION’s Representative shall be given twenty-four (24)
hours notice of a SITE visit, whenever practical.
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ARTICLE 12 NO BARGAINING RELATIONSHIP FOR EXXONMOBIL CANADA
PROPERTIES
12.01
It is understood by the PARTIES hereto that no bargaining relationship is created
by ExxonMobil Canada Properties, subsidiaries and affiliates and their successors,
or any of its Project partners, with a Local Union, the COUNCIL OF UNIONS, or
any affiliate of the COUNCIL OF UNIONS, by voluntary recognition or by action of
law pursuant to the Labour Relations Act of the Province of Newfoundland and
Labrador.
12.02
Similarly, where ExxonMobil Canada Properties has participated in any way in the
processes and administrative matters contemplated in this AGREEMENT, it is only
for the enhancement of the Project and in no way can be construed to be creating
a bargaining relationship, extending a voluntary recognition or taking actions
which, by action of law, would bind ExxonMobil Canada Properties to any
Collective Agreement with a Local Union, the COUNCIL OF UNIONS, or any
affiliate of the COUNCIL OF UNIONS.
12.03
Where ExxonMobil Canada Properties is mentioned in this AGREEMENT, the
term shall be taken to mean the person or persons designated by ExxonMobil
Canada Properties in respect to participation in the administration of portions of
this AGREEMENT, wherever that context is appropriate.
ARTICLE 13 MANAGEMENT RIGHTS
13.01
The COUNCIL OF UNIONS acknowledges that it is the exclusive function and
right of the CONTRACTORS, subject to the provisions of this AGREEMENT, to:
a) operate and manage their businesses in all respects;
b) maintain order, discipline and efficiency;
c) make and alter from time to time, policies, rules and regulations to be
observed by workers, providing they are uniformly and fairly applied to all
workers and are not in conflict with this AGREEMENT;
d) direct the work force and establish WORK SCHEDULES;
e) determine job content, including methods, processes and means of
production and handling;
f)
hire, promote, demote and lay off because of lack of work;
g) Discipline, suspend and discharge any worker for just cause; however, the
discipline, suspension or discharge will be subject to the Grievance and
Arbitration Process in Article 14.00.
It is agreed that the foregoing enumerations shall not be deemed to exclude
other management functions and rights.
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ARTICLE 14 GRIEVANCE AND ARBITRATION PROCESS
14.01
It is the mutual desire of the PARTIES that any issue arising out of the
interpretation, application or alleged violation of the AGREEMENT, including those
related to discipline, shall be adjusted, without strike, lockout or slowdown of
WORK, as quickly as possible in accordance with the procedure outlined below.
For the purpose of this Article, working days means those scheduled days of work
for the affected worker or workers.
Any worker, assisted by his/her Steward, and Site Representative, if he/she so
desires, may present an issue to the immediate Supervisor within five (5) working
days after the circumstances giving rise to the issue have occurred or within five
(5) working days of the worker becoming aware of the circumstances. The
Supervisor may be assisted by the appropriate ASSOCIATION’s Site
Representative, if he/she so desires.
The immediate Supervisor will render a decision within one (1) working day.
Decisions are rendered solely for the purpose of resolving the issue and shall not
be considered as binding in any other disputes.
STEP 1: Any worker, assisted by his/her Steward, and Site Representative, if he/she so
desires, may present an issue in writing to his/her immediate Supervisor within
five (5) working days after the circumstances giving rise to the issue have occurred
or originated or within five (5) working days of the worker becoming aware of the
circumstances. The issue shall state the alleged violation and indicate the Article
or Articles of the AGREEMENT, which it is alleged are being violated and the
remedy sought. The Supervisor will render his/her decision, in writing, within five
(5) working days of being presented with the issue. The Supervisor may be
assisted by the appropriate ASSOCIATION’s Site Representative, if he/she so
desires.
STEP 2: Should the issue be unresolved, the worker, assisted by his/her Steward, if he/she
so desires and the appropriate COUNCIL OF UNIONS’ Site Representative as
designated in Article 10.02, shall submit the matter, in writing, within a further four
(4) working days to the CONTRACTOR and the appropriate ASSOCIATION’s Site
Representative. The issue shall state the alleged violation and indicate the Article
or Articles of the AGREEMENT, which it is alleged are being violated and the
remedy sought. The CONTRACTOR will render a decision, in writing, within four
(4) working days of receiving written notification.
STEP 3: If unresolved at Step 2, as a final attempt to resolve the issue, the appropriate
ASSOCIATION’s Site Representative(s) shall meet with the COUNCIL OF
UNIONS’ Site Representative(s) within four (4) working days. If no resolution can
be achieved within four (4) working days, the matter may be referred to arbitration
in accordance with the procedure contained herein.
14.02
a) In case of suspension or discharge, an issue may be initiated at Step 3.
13
b) The PARTIES agree that any issue, which has not been settled, may be
referred to mediation by mutual consent.
Use of mediation shall not limit the right of the PARTIES to use the Grievance
Procedure. The PARTIES agree that, failing a mutual and timely mediated
resolution, either PARTY may proceed to utilize the grievance provisions under
this Article. Either PARTY may terminate, in writing, the mediation process at
any time and proceed directly to Step 3 of the Grievance Procedure.
Should a PARTY wish to mediate an issue, it must advise the other PARTY, in
writing, of its desire to do so. Both PARTIES must mutually agree upon a
neutral third person, who will assist the ASSOCIATION and the COUNCIL OF
UNIONS to discuss the issue and reach a resolution in a mutually acceptable
manner. When mediation results in a mutual resolution of the grievance, the
PARTIES will sign a Mediation Agreement. If the PARTIES have identified an
issue is not appropriate for mediation, either party may continue with the
grievance process.
A mediated settlement, which resolves the issue, shall not be considered as
binding in any other disputes.
A Mediator, appointed under this Article, shall not be used as the Arbitrator in
the same matter.
14.03
a) It is understood that the ASSOCIATION may file an issue, in writing, with the
COUNCIL OF UNIONS commencing at step 3 and if the issue is not
successfully resolved within four (4) working days, it may be referred to
arbitration.
b) It is understood that the COUNCIL OF UNIONS may file an issue, in writing,
with the ASSOCIATION commencing at step 3 and if the issue is not
successfully resolved within four (4) working days, it may be referred to
arbitration.
14.04
Any referral to arbitration will be made within two (2) working days of the final
decision of Article 14.01, Step 3. The Arbitrator will be appointed as follows:
The Arbitrator shall be selected in rotation from a panel of five (5) Arbitrators,
acceptable to the PARTIES, which is attached as Exhibit A, forming part of this
AGREEMENT. The panel shall be updated by the PARTIES once each year
during the term of this AGREEMENT. Should the Arbitrator whose turn it is, be
unable to act, within the time requirements outlined in Articles 14.05 and 14.06,
the next Arbitrator on the list will be selected.
14.05
The Arbitrator shall, within five (5) working days of his/her appointment, convene a
meeting to hear the relevant evidence. The decision of the Arbitrator shall be final
and binding on the PARTIES.
14.06
The Arbitrator shall render his/her decision in writing to the PARTIES within five (5)
working days of the hearing, unless otherwise specified by consent of the
PARTIES.
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14.07
The Arbitrator shall not have any power to alter or change any of the provisions of
this AGREEMENT or to substitute any new provisions for any existing provisions,
nor to give any decision inconsistent with the terms and provisions of this
AGREEMENT.
14.08
Each of the PARTIES shall pay an equal share of the expenses and fees of the
Arbitrator.
14.09
Each of the PARTIES to and every person bound by this AGREEMENT and every
person on whose behalf the AGREEMENT is entered into shall comply with the
provisions for final settlement contained in this AGREEMENT and shall comply
with any decision of the Arbitrator appointed in accordance with the provisions
herein and shall do or abstain from doing anything required by that decision.
14.10
Time limits are mandatory but may be adjusted by mutual agreement of the
PARTIES, evidenced in writing.
14.11
It is recognized that by mutual agreement of the PARTIES, evidenced in writing,
the Grievance and Arbitration Process and time limits may be waived and the
issue referred directly to arbitration.
14.12
Either PARTY to an arbitration procedure shall notify the other PARTY, in writing,
of any preliminary objection within four (4) working days prior to the
commencement of the Arbitration hearing in accordance with Article 14.04.
ARTICLE 15 LIAISON COMMITTEE
15.01
A Liaison Committee shall be established within ninety (90) days following the
signing of the AGREEMENT and shall meet upon reasonable notice at the call of
either of the PARTIES signatory hereto, or at least quarterly, to discuss matters of
mutual interest pertaining to the Project and/or this AGREEMENT, with the
objective of promoting and maintaining beneficial relations and cooperation
between the PARTIES, and of ensuring the achievement of the purposes of this
AGREEMENT.
15.02
The Liaison Committee shall consist of four (4) representatives from each of the
PARTIES.
Each of the PARTIES shall have a cumulative representation equal to the number
of representatives present from the other PARTY. The PARTIES agree that
because of its interest in the project, the OWNER or its designee is entitled to
participate in the affairs of the Liaison Committee. Persons appointed to the
Liaison Committee by the OWNER will be entitled to participate fully in the
proceedings of the Committee but will not be entitled to vote.
The Liaison Committee shall include the following:
ASSOCIATION:
• Two Representatives from each of the PRIME CONTRACTORS (4)
15
COUNCIL OF UNIONS:
• Director of Canadian Affairs of the Building Construction Trades Department (or
Designee)
• President of the COUNCIL OF UNIONS
• Executive Director of the COUNCIL OF UNIONS
• Secretary of the COUNCIL OF UNIONS
15.03
The responsibilities of the Liaison Committee shall include:
a) Establishing terms of reference for the Liaison Committee giving due
recognition to the language and intent and purposes of this AGREEMENT. It is
also the intention of the PARTIES that the Liaison Committee will be respectful
of the collective bargaining, collective agreement administration and other
bargaining agency roles and responsibilities of the ASSOCIATION and the
COUNCIL OF UNIONS.
b) Establishing rules of procedure for the Liaison Committee to carry out its
responsibilities.
c) Establishing processes to ensure that decisions of the Liaison Committee that
affect this AGREEMENT are recommended to the parties for incorporation into
this AGREEMENT.
d) Establishing methods of resolving issues that the PARTIES to and the persons
bound by this AGREEMENT are unable to quickly resolve.
e) Assisting in the development, implementation and administration of initiatives
towards the enhancement of quality and productivity.
f) Dealing with the matters as are referred to it through this AGREEMENT.
g) Establishing and implementing programs and measures to enhance the training
and mentoring of Supervisors, candidates for supervisory positions, Stewards,
candidates for steward positions, and apprentices.
ARTICLE 16 RESPONSIBILITY OF PARTIES
16.01
The ASSOCIATION shall bind the CONTRACTORS to the terms of this
AGREEMENT before commencement of their WORK.
16.02
The UNIONS, which are members of the COUNCIL OF UNIONS jointly and
severally agree with the ASSOCIATION and with each other to maintain the
COUNCIL OF UNIONS, composed of their accredited representatives, and they
hereby delegate to the COUNCIL OF UNIONS their rights as bargaining agents for
members of their respective UNIONS who come within the scope of this
AGREEMENT, and they agree during the term thereof, not to seek to bargain
individually with the ASSOCIATION or any CONTRACTOR and to be governed
exclusively by the terms of this AGREEMENT and by all lawful settlements of
issues and differences made pursuant to the terms of this AGREEMENT.
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ARTICLE 17 STEWARDS
17.01
Stewards shall be appointed by the Business Manager or his/her representative.
The appointment shall be confirmed in writing to the CONTRACTOR by the
appropriate Site Representative.
17.02
The Steward shall receive permission from his/her immediate Supervisor before
leaving his/her WORK location to deal with issues relating to this AGREEMENT.
Permission will not be arbitrarily denied.
17.03
The Steward shall not be discriminated against and shall be the last worker
employed, provided he/she is qualified for the classification of the WORK being
performed.
17.04
There shall be no non-working Stewards. However, subject to Article 17.02,
Stewards shall be granted sufficient time to conduct their legitimate duties during
working hours.
17.05
Where overtime is worked by a crew, the Steward shall be one of the overtime
crew or shall be given the opportunity to designate a replacement Steward within
the crew in the event he/she does not possess the necessary qualifications to do
the WORK.
17.06
When a scheduled second and/or third shift occurs, Stewards for these shift(s)
shall be appointed.
17.07
The CONTRACTOR shall notify the Business Manager or his/her representative,
in writing, prior to the termination of a Steward.
17.08
The Steward, in carrying out his/her duties, may involve the appropriate COUNCIL
OF UNIONS’ Site Representative.
17.09
Stewards and Supervisors shall receive special training in the administration of
this AGREEMENT at the SITE. The training shall be conducted jointly by the
COUNCIL OF UNIONS and the ASSOCIATION.
ARTICLE 18 COMPOSITE CREWS
18.01
18.02
The COUNCIL OF UNIONS and ASSOCIATION are committed to:
(a)
maintaining a healthy, respectful and trusting work environment;
(b)
fostering open and positive relations; and
(c)
working cooperatively to maximize productivity.
The COUNCIL OF UNIONS and ASSOCIATION acknowledge that the use of
composite crews as provided in this AGREEMENT will enhance productivity and
promote a team approach to executing the WORK. There shall be a Composite
Crew Committee consisting of the following:
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18.03
(a)
the COUNCIL OF UNIONS’ Site Representatives and Executive Director;
(b)
the ASSOCIATION’s Site Representatives;
(c)
a representative of each affected UNION for each specific composite crew
request; and
(d)
a representative of each affected CONTRACTOR.
Composite crews for specific scopes of WORK may be utilized subject to the
following:
(a)
(b)
18.04
18.05
The ASSOCIATION shall provide the following detail to the Composite
Crew Committee, prior to the mark-up, if practical, or prior to the start of
the WORK for which the composite crew is requested;
(i)
scope of the WORK;
(ii)
trades to be utilized;
(iii)
the number of hours estimated to complete the WORK for each trade on
the basis of normal jurisdictional trade assignments; and
(iv)
the estimated number of workers per trade to create the composite crew
requested. Each trade shall provide workers to work on the composite
crew on a proportional basis consistent with the estimated hours of
WORK per trade.
The creation of composite crew(s) for a specific scope of work shall be
subject to the consent of each UNION providing members to the
composite crew no later than Day 11 in the mark-up process or a later
date as agreed to by the affected parties. Where mutually agreed by the
ASSOCIATION and the affected Unions to be necessary, assignment of
work may be to composite crews. The request for composite crews by
the ASSOCIATION will not be unreasonably denied.
The following procedure shall be followed for the utilization of a composite crew:
a)
Each UNION, subject to availability, shall provide members to work on the
composite crew on a proportional basis consistent with the estimated hours
of work per trade. The UNION providing the greatest number of workers, to
the composite crew shall provide the first foreperson and general foreperson,
subject to the province’s regulations and availability. If additional supervision
is required, the supervision shall be provided on a proportional basis, if
practical.
b)
UNIONS dispatching members shall advise members they shall be working
on a composite crew.
c)
Workers shall perform the WORK they are assigned.
d)
Composite crew work assignments shall be on a without prejudice basis.
In the event of a material change in any of the circumstances that led to the
creation of the composite crew under Article 18.04, either party may request the
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Composite Crew Committee to review its decision and make necessary
adjustments.
ARTICLE 19 PREJOB CONFERENCE
19.01
Each UNION maintains claims to jurisdiction pursuant to the Plan for the
Settlement of Jurisdictional Disputes in the Construction Industry (commonly
called the "Green Book" and referred to hereinafter as the "Plan"). In making work
assignments, the CONTRACTOR shall assign WORK according to the Plan
unless modified by this AGREEMENT.
19.02
Having regard for special requirements for construction of a project of this type,
together with safety, efficiency, cost or continuity and good management, the
PARTIES have agreed to an intended assignment plan by a Jurisdictional Umpire
they have selected. The Jurisdictional Umpire shall be bound by the criteria set
out in the Plan unless modified by this AGREEMENT.
19.03
The ASSOCIATION shall give notice to the COUNCIL OF UNIONS of each
contract awarded, which is within the scope of this AGREEMENT. Wherever
possible, a mark-up conference shall be conducted prior to the commencement of
WORK.
19.04
The WORK shall be marked up in accordance with the following timetable:
Day 1 – The ASSOCIATION shall give written notice of a mark-up meeting and
issue initial assignments to the COUNCIL OF UNIONS. A copy of drawings and
specifications shall be provided to the COUNCIL OF UNIONS at its St. John’s
office.
If a composite crew is included in the initial assignments, the Composite Crew
Committee shall meet as per Article 18, prior to Day 4. When a composite crew is
requested, the ASSOCIATION will endeavour to provide notice of the request prior
to Day 1.
Day 4 – The ASSOCIATION shall convene a mark-up meeting to outline the scope
of work and record claims of UNIONS on initial assignments. All claims for WORK
shall be finalized at the mark-up meeting or by prior written notice from the
UNION, except in the case of composite crews.
Day 6 – The ASSOCIATION shall distribute a record of all claims made at the
mark-up meeting.
Day 8 – Last day for claiming or defending UNIONS to file evidence in support of
their claim or assignment.
Day 11 – The ASSOCIATION shall notify all UNIONS of final assignment(s).
Day 13 – Last day for claiming UNION(S) to request Jurisdictional Umpire or
relinquish the right to call for a Jurisdictional Umpire for that particular assignment
only.
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Day 17 – Last day for the Jurisdictional Umpire to hold a hearing.
Day 20 – Last day for the Jurisdictional Umpire to render a decision.
The foregoing timetable may be relaxed by mutual consent between the COUNCIL
OF UNIONS and the ASSOCIATION.
Any UNION not present at the mark-up meeting shall have seven (7) days to file a
claim on additional work scope items that were identified at the mark-up meeting.
19.05
Days are calendar days excluding Saturdays, Sundays and Recognized Holidays
as listed in Article 25. Each day shall end at 5:00 p.m. local (location of the markup meeting) time.
19.06
The ASSOCIATION and the COUNCIL OF UNIONS will retain the services of a
Jurisdictional Umpire acceptable to both PARTIES. Each party to the hearing shall
bear its own expenses and agree that the fees and expenses of the Jurisdictional
Umpire shall be borne by the losing party or parties, as determined by the Umpire.
In exceptional circumstances, the losing party or parties may request the Liaison
Committee to review an order as it pertains to the payment of fees and expenses
to be paid by the losing party or parties.
19.07
The Jurisdiction Disputes Resolution Plan shall be set forth in Exhibit B of the
AGREEMENT. The Jurisdictional Umpire cannot award costs or damages.
19.08
If the CONTRACTOR or any UNION does not accept the Jurisdictional Umpire's
decision, it may refer the dispute to the Plan and the PARTIES to this
AGREEMENT hereby stipulate to be bound by the Plan. In exceptional
circumstances, the losing party(s) may request the Arbitrator under the Canadian
Plan to review an order as it pertains to the payment of fees and expenses to be
paid by the losing party(s).
19.09
Jurisdictional Disputes shall be resolved without the occurrence of any strike, work
stoppage or slow down and the ASSOCIATION’s final assignment shall be
respected. The WORK will continue unless otherwise directed by the
Jurisdictional Umpire under the intended assignment plan and the assignment
shall continue in force and effect until the WORK is completed, unless varied by an
Arbitration under the Canadian Plan, or there is an agreement between the
UNIONS involved to do so.
19.10
Mark-up meetings and Jurisdictional Umpire hearings will take place in St. John's
unless otherwise agreed.
19.11
The CONTRACTOR(s) shall be responsible for performing the WORK involved in
accordance with the mark-up, the decision of the Jurisdictional Umpire, the Plan
and this AGREEMENT.
19.12
This procedure is available to and binding upon the UNIONS, the COUNCIL OF
UNIONS, the CONTRACTOR(s), and the ASSOCIATION. The ASSOCIATION
will ensure that its CONTRACTOR(s) and the COUNCIL OF UNIONS will ensure
20
that its member UNIONS shall comply with the provisions of this Article and the
procedures therein.
ARTICLE 20 HOURS OF WORK, SHIFTS, OVERTIME AND TERMS OF PAYMENT
20.01
The following Article is intended to identify regular hours of work, WORK
SCHEDULES, shift hours, and overtime hours and is not to be construed as a
guarantee of hours of work per day, per week, the days of work in any week, or
the days of work in any WORK SCHEDULE.
In order that there shall be consistency on the SITE, the following hours of work
and scheduling provisions shall apply:
a)
The regular work week shall consist of forty (40) hours of work divided into
five (5) consecutive eight (8) hour work days from Monday to Friday or four
(4) consecutive ten (10) hour work days from Monday to Thursday. The start
time for the day shift for a regular work day will be between 5:00 a.m. and
9:00 a.m.
b)
The hours of work and overtime provisions for workers represented by Hotel
Employees and Restaurant Employees International Union and Local Union
779 and the International Brotherhood of Teamsters and Local 855 are set
out in the Trade Appendices for each of those trades. The hours of work for
the workers they represent shall be governed by those Trade Appendices,
save and except where those Trade Appendices direct that the provisions of
Article 20.00 apply.
c)
One paid rest break of ten (10) minutes will be allowed during each half shift
in an eight (8) hour shift. One paid rest break of fifteen (15) minutes will be
allowed during each half shift in a ten (10) hour shift.
d)
Overtime shall be paid as follows for the work week consisting of five (5)
consecutive eight (8) hour work days:
i.
All hours worked in excess of eight (8) hours per day at double the
straight time rate of pay;
ii.
All hours worked on the Saturday, Sunday and Recognized Holidays at
double the straight time rate of pay.
Overtime shall be paid as follows for the work week consisting of four (4)
consecutive ten (10) hour work days:
i.
ii.
All hours worked in excess of ten (10) hours per day at double the
straight time rate of pay.
All hours worked on the Friday, Saturday, Sunday and Recognized
Holidays at double the straight time rate of pay.
21
There shall be no pyramiding of premiums. Overtime payment is calculated
prior to the addition of any premiums.
e)
The ASSOCIATION has established WORK SCHEDULES that are different
from the regular work week, to accommodate workers from distant locations
in the Province of Newfoundland and Labrador, workers from other Canadian
Provinces, or workers from outside of Canada. These WORK SCHEDULES,
outlined in Exhibit C, will consist of scheduled days of work followed by
scheduled days of rest and may be implemented for those workers. The start
time for the day shift for a WORK SCHEDULE work day will be between 5:00
a.m. and 9:00 a.m.
A CONTRACTOR shall establish the day of the week on which each worker’s
WORK SCHEDULE shall commence. All scheduled hours worked on Friday
shall be paid at one and one half (1.5) the straight time rate of pay for all
WORK SCHEDULES of ten (10) consecutive days or greater. All hours
worked on Saturday, Sunday, Recognized Holidays and beyond the
scheduled 10 hours on Fridays shall be paid at double the straight time rate
of pay. There shall be no pyramiding of overtime premiums. Overtime
payment is calculated prior to the addition of any premiums.
A worker, who is transferred to a different WORK SCHEDULE, must be
provided with a minimum of two (2) scheduled work days’ notice. If the
transfer is not as a result of a worker request, the worker shall be paid double
the straight time rate of pay for days worked on the scheduled days of rest
that the worker would have been entitled to under his/her previous WORK
SCHEDULE.
If a worker requests a transfer and it is approved, then overtime rates will not
apply for days worked on the scheduled days of rest that the worker would
have been entitled to under his/her previous WORK SCHEDULE, unless any
of the days worked in the new WORK SCHEDULE are a Friday, Saturday,
Sunday or a Recognized Holiday in which case the applicable overtime rate
will apply.
f)
A WORK SCHEDULE, applicable only for TEMPORARY FOREIGN
WORKERS coming from outside of North America, is defined in Exhibit C
WORK SCHEDULE G. This WORK SCHEDULE recognizes the special
circumstances related to: the distance from their country of PRINCIPAL
RESIDENCE; the need to minimize non-working days while resident in camp;
and the need to provide extended periods of time to return home.
For this WORK SCHEDULE all scheduled hours worked on Friday shall be
paid at one and one half (1.5) the straight time rate of pay. All hours worked
on Saturday, Sunday, Recognized Holidays and beyond the scheduled 10
hours on Fridays shall be paid at double the straight time rate of pay. There
shall be no pyramiding of overtime premiums. Overtime payment is
calculated prior to the addition of any premiums.
22
g)
A CONTRACTOR may also schedule shifts for which the start times do not
fall between 5:00 a.m. and 9:00 a.m. These shifts are to be classified as shift
work rather than as overtime, and shall be scheduled for the duration of at
least one (1) WORK SCHEDULE.
h)
A shift premium of three dollars ($3.00) per hour shall be paid for all hours
worked other than on day shift or an extension of day shift. There shall be no
pyramiding of shift premiums. Overtime payment is calculated prior to the
addition of any premiums.
20.02
The PARTIES recognize, consistent with the terms and conditions of the
AGREEMENT, that variations in the scheduling of the work week; reporting for
WORK or returning from WORK; rest breaks; meal breaks; and shift start and
completion times, may occur from time to time and that it may be appropriate that
these variations affect all or, only a portion of the SITE.
20.03
WORK on the SITE may be reduced during periods like Christmas/New Year's;
however, certain workers may be scheduled to work. Advance notice will be
provided to all workers regarding mobilization and demobilization dates, once
available.
20.04
Workers shall be diligent in respecting start times, shift completion times, meal
breaks and rest break periods.
The PARTIES are committed to delivering value for paid time. Accordingly, unless
some other reporting location is designated by the CONTRACTOR, workers shall
report to their designated place of work and be prepared to commence work at the
scheduled starting time for their respective shifts.
20.05
Workers shall be provided transportation from the designated pick-up point at the
camp or entrance from the site general parking lot to their designated places of
work daily, prior to the commencement of their scheduled shift. Return
transportation shall depart the designated pick-up points ten (10) minutes prior to
the end of the work shift. Workers shall be paid to the end of the scheduled hours
of work only.
When the designated place of work is at the Bull Arm deep water site, workers
shall be provided transportation to and from their place of work. Workers shall be
returned to the land departure point of the ferry, ten (10) minutes prior to the end
of the work shift.
20.06
Unpaid lunch breaks will normally be at mid-shift but may be staggered within a
two hour period and shall be one-half (1/2) hour. A worker, who is required to
work through the two (2) hour period by the CONTRACTOR, shall be paid at the
applicable overtime rate for one-half (1/2) hour and shall, as soon as possible
afterwards, be given sufficient time, for which he/she will be paid, to consume
his/her meal.
When a worker is required to work in excess of ten (10) hours and less than twelve
(12) hours, he/she shall be provided a twenty five ($25.00) dollar meal allowance
23
in lieu of a meal. He/she shall also be paid an additional twenty (20) minutes at
double the straight time rate of pay in lieu of a meal time break.
When a worker is required to work in excess of twelve (12) hours, he/she shall be
provided a hot meal, where feasible, including a hot beverage and soup at the end
of the ten (10) hour shift and after each four (4) hours thereafter. The worker shall
be allowed twenty (20) minutes at double the straight time rate of pay to consume
his/her meal. A ten (10) minute rest break shall be provided every two (2) hours.
20.07
No worker shall work more than one (1) straight time shift in each consecutive
twenty-four (24) hour period. A worker shall receive the overtime rate for each
shift until a break of eight (8) consecutive hours occurs.
ARTICLE 21 OFFSHORE
21.01
Any WORK under Article(s) 4.05 and 4.06 at the offshore site shall be conducted
under the terms and conditions of this AGREEMENT. Any special training
required will be completed during regular working hours. Workers shall be paid
the straight time gross hourly wage package for all hours spent travelling to and
from the Hebron platform from the point of embarkation and return.
21.02
Standby Onshore – Home
In the event a worker, being available for work, is held on standby at home for any
reason, he/she shall be paid for all hours he/she stands by up to a maximum of ten
(10) hours per day at the straight time gross hourly wage package for all days
he/she is held on standby.
Standby Onshore – At Offshore Embarkation Point
In the event a worker is held at the heliport or supply base after having reported by
the specified time in his/her reporting instructions, he/she shall be paid for all
hours he/she stands by up to a maximum of twelve (12) hours per day at the
straight time gross hourly wage package for all days he/she is held on standby.
Workers required to report to a point of embarkation prior to 12:00 p.m. shall be
provided accommodations and meals by the CONTRACTOR, as required, for
each day held on standby. Workers whose PRINCIPAL RESIDENCE is located
within fifty (50) road kilometers of St. John’s City Hall shall not be eligible for
accommodations and meals.
Standby Offshore
In the event a worker, being available for work, is held on standby at the offshore
site for any reason, he/she shall be paid for all hours he/she stands by up to a
maximum of twelve (12) hours per day at the straight time gross hourly wage
package for all days he/she is held on standby.
21.03
The CONTRACTORS shall be solely responsible to determine and establish the
work schedule at the commencement of each operation required for work at the
24
offshore site. As a condition of employment, workers shall adhere to the
designated work schedules adopted by the CONTRACTORS.
It is agreed between the PARTIES, that the number of days scheduled at the
offshore site will vary according to the operational conditions and requirements in
order to meet completion dates.
21.04
A worker’s shift schedule consists of twelve (12) and one half (½) hours per day,
except on days of mobilization and demobilization. The twelve (12) and one half
(½) hours per day includes the time for hand overs, rest breaks and meal break.
On the day of mobilization, workers shall be available, if required by their
supervisor, to commence work within one (1) hour after arrival on the platform.
Workers are entitled to two (2) twenty (20) minute paid rest breaks during the work
day. Normally, this includes the time required to leave and return to their place of
work.
Workers are entitled to a one (1) hour meal break (½ hour paid, ½ hour unpaid)
during the work day. This includes the time required to go to and from the place of
work. Meal breaks will normally be at the middle of the shift but may be staggered
within a two (2) hour period.
21.05
a) A shift premium of three dollars ($3.00) per hour shall be paid for all hours
worked other than on day shift or an extension of day shift. There shall be no
pyramiding of shift premiums. Overtime payment is calculated prior to the
addition of premiums.
b) Day shift will begin between the hours of 5 a.m. and 9 a.m.
21.06
Workers, who fail to report to the Offshore Embarkation Point at the designated
check-in time for transportation to the offshore site without a good and sufficient
reason acceptable to their respective CONTRACTORS, are subject to disciplinary
action, including dismissal.
21.07
Workers, while at the offshore site, will be provided with accommodation and
meals free of charge. As a condition of employment, all workers shall comply with
all rules and regulations governing the use of these facilities.
21.08
At the offshore site, the CONTRACTOR shall provide and maintain clean sanitary
facilities which, where possible, shall include modern flush toilets, urinals and
wash basins. Where this is not possible, chemical toilets shall be provided.
21.09
Due to the nature of WORK at the offshore site and the limited availability of
accommodation, employment of apprentices is not contemplated.
21.10
As a condition of employment for work at the offshore site, workers shall:
I.
II.
III.
Have submitted to an offshore medical examination as required;
Be in possession of a valid Offshore Medical Clearance Certificate; and
Have successfully completed a Basic Survival Training Course and any other
training or courses required by law or regulation of any Provincial or Federal
Regulatory authorities.
25
21.11
The Employer shall pay for the cost of all required training outlined in Article 21.10.
In addition, workers required to complete any course or training shall be paid for
the time required to complete the course at the straight time gross hourly wage
package. The worker shall be paid for this on the first scheduled pay day following
completion of the training.
ARTICLE 22 CALLOUT
22.01
Workers, who are called out to work after they have completed their regular shift,
having gone home or returned to camp, and who respond to a request to return to
work additional time, shall be compensated as follows:
a)
Workers who report to work shall be paid for a minimum of four (4) hours at
the applicable overtime rate.
b)
Workers who work in excess of four (4) hours shall be paid at the applicable
overtime rate for actual hours worked.
c)
When the conditions set forth in this clause occur on any shift other than day
shift, the shift premium shall be paid.
ARTICLE 23 REPORTING TIME
23.01
When a worker reports to work at the regular starting time and is not put to work,
the worker shall be paid for half of their regularly scheduled work hours at the
applicable rate of pay.
23.02
If a worker reports and commences work and is subsequently requested to stop
work, he/she shall be paid for all hours worked or half of their regularly scheduled
hours ,whichever is greater, at the applicable rate of pay.
23.03
When a worker reports to work and is requested to standby, either at the work
place or other area designated by the CONTRACTOR, he/she shall be paid for all
hours he/she stands by, and in no case less than half of their regularly scheduled
hours, at the applicable rate of pay.
23.04
When a worker commences work and is requested to stop work and report back at
a later time, he/she shall be paid as if there had been no interruption in the shift,
provided he/she reports back as requested.
23.05
When a worker qualifies for reporting or standby time, the time shall include the
shift premium when applicable.
23.06
A worker, who is resident in camp, shall not be eligible for payment of reporting
time if notice of “no work available” is posted on the camp kitchen bulletin board at
the pre-shift meal at least two hours prior to scheduled shift start.
26
Non-camp residents shall not be eligible for payment of reporting time if they have
been provided at least two (2) hours’ notice by their employer that there is no work
available.
ARTICLE 24 WAGES AND BENEFITS
24.01
All workers covered by this AGREEMENT shall be paid in accordance with their
classification in the applicable Trade Appendices attached as Exhibit “F”.
Effective May 1, 2011, the Gross Hourly Package shall be the full Long Harbour
Wage and Benefit Package (May 1, 2010) plus two dollars ($2.00).
Effective May 1, 2012 and May 1 each year thereafter, the Gross Hourly Package
shall be increased by two dollars ($2.00).
24.02
Payday shall be Thursday, and the method of payment may be by electronic
deposit. A weekly statement of earnings and deductions shall be issued to each
worker on Thursday.
24.03
The CONTRACTOR shall remit contributions in an amount and manner as
required by the applicable Trade Appendix. The remittance of these funds shall in
no way require the CONTRACTOR to become or remain a member of any
Trustees group or Association as a condition for making these contributions.
Changes to benefit contributions may be made at the request of a UNION, subject
to the gross wage package remaining unchanged.
24.04
The work week for payroll purposes shall end on Friday at midnight. Workers shall
be paid on the Thursday of the following week.
24.05
The payment of wages will be accompanied by a statement showing:
a) wage rate;
b) number of hours paid at the straight time rate of pay;
c) number of hours paid at the overtime rate of pay;
d) amount of premiums and allowances;
e) vacation pay;
f) holiday pay;
g) the amount and purpose of each deduction;
h) the name of the CONTRACTOR issuing the payment;
i) the worker’s name and payroll number;
j) the pay period;
k) gross and net earnings; and
l) pension contributions.
27
ARTICLE 25 VACATION AND RECOGNIZED HOLIDAYS
25.01
Vacation pay and Recognized Holiday pay shall be paid weekly in accordance with
the Trade Appendices, attached as Exhibit “F”.
25.02
The CONTRACTOR agrees to recognize the following Holidays:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
New Year’s Day
Family Day
St. Patrick’s Day
Good Friday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
Boxing Day
25.03
The Recognized Holidays shall be observed on those days gazetted by the
Provincial Government except for any holiday that falls on a Friday when the
worker is working a four (4) day work week at ten (10) hours per day in which case
the holiday shall be observed on the Thursday.
25.04
Workers required to work on Recognized Holidays shall be paid at double their
straight time rate of pay for all hours worked. There shall be no pyramiding of
premiums.
25.05
A worker who is entitled to take vacation shall request it in writing to his/her
CONTRACTOR and the request shall not be arbitrarily denied. The dates of the
vacation shall be mutually agreed to between worker and the CONTRACTOR
before the vacation is taken. No more than twenty-five per cent (25%) of the
members of the crew may be on a vacation at a given time.
ARTICLE 26 TERMINATION OF EMPLOYMENT
26.01
When a worker has been terminated when away from the Project, any personal
belongings shall be shipped to his/her last known address unless previous
arrangements have been made.
26.02
The CONTRACTOR shall provide four (4) hours notice to lay-off or four (4) hours
pay in lieu of notice to workers who are laid off. These four (4) hours will be used
for the purpose of picking up and returning the CONTRACTOR’S tools, checking
out of camp or in preparing his/her own tools for the next job.
26.03
Layoffs shall occur in reverse order of the hiring priority described in Article 9.01.
For greater clarity, the last workers to be laid-off shall be NEWFOUNDLAND AND
LABRADOR RESIDENTS who are members of a UNION affiliated to the
28
COUNCIL OF UNIONS, subject to their qualifications to complete the remaining
WORK.
26.04
Laid-off workers and workers terminated for just cause shall receive all monies
owed no later than the next pay day. The Employment Insurance Record of
Employment shall be mailed, or sent electronically within three (3) working days of
layoff or termination to an address provided by the worker.
26.05
Workers, who are laid-off and for whom public transportation is not available, shall
be entitled to receive camp accommodation until transportation is available.
26.06
In the event of a reduction of the workforce, anyone promoted from journeyperson
may be demoted to journeyperson. Anyone name hired as foreperson or general
foreperson shall be laid off as foreperson or general foreperson.
ARTICLE 27 TRAVEL ZONE
27.01
For purposes of this AGREEMENT, all travel distances will be determined by the
distance from the SITE parking lot to the town hall in the community of the
worker’s PRINCIPAL RESIDENCE. Communities without a town hall shall have a
public building selected by the Liaison Committee as the demarcation.
There shall be a Free Zone of fifty (50) road kilometers from the SITE parking lot
to the town hall in the community of the worker’s PRINCIPAL RESIDENCE.
Workers living within that zone shall travel to work at their own expense.
Communities without a town hall shall have a public building selected by the
Liaison Committee as the demarcation.
27.02
Zone 1 (Free Zone):
Zone 1 includes all communities located within fifty (50) road kilometers (inclusive)
of the SITE. A worker whose PRINCIPAL RESIDENCE is located in Zone 1 is
eligible only for the bussing allowance, if bussing is available.
The ASSOCIATION may establish a daily commuter bussing system for areas
within Zone 1, subject to sufficient worker demand. The ASSOCIATION shall
designate pick up locations for the bussing system. Workers utilizing the
commuter busses will be paid a commuter bussing allowance for days that the
worker uses the bus. The commuter bussing allowance shall be set by the
ASSOCIATION, at time of implementation, for workers who board the bus in Zone
1. In the event bus arrivals to the SITE are delayed, workers shall receive pay in
accordance with their WORK SCHEDULE for the hours delayed.
27.03
Zone 2:
Zone 2 includes all communities located outside of fifty (50) road kilometers and
within one hundred (100) road kilometers (inclusive) of the SITE. A worker whose
PRINCIPAL RESIDENCE is located in Zone 2, shall commute daily.
The ASSOCIATION may establish a daily commuter bussing system for areas
within Zone 2, subject to sufficient worker demand. The ASSOCIATION shall
29
designate pick up locations for the bussing system. Workers utilizing the
commuter busses will be paid a commuter bussing allowance for days that the
worker uses the bus. The commuter bussing allowance shall be set by the
ASSOCIATION, at time of implementation, for workers who board the bus in Zone
2. In the event bus arrivals to the SITE are delayed, workers shall receive pay in
accordance with their WORK SCHEDULE for the hours delayed.
Workers commuting daily by personal vehicle shall be entitled to receive a Road
Kilometer Travel Allowance, per day worked, equal to eighty cents ($0.80) per
kilometer, one way, from the SITE parking lot to the town hall in the community of
the worker’s PRINCIPAL RESIDENCE. Communities without a town hall shall
have a public building selected by the Liaison Committee as the demarcation.
Under extenuating circumstances a worker may appeal to Construction
Management to have his/her travel distance reassessed from his/her community
town hall to the SITE parking lot.
Effective May 1, 2012 and on each May 1st thereafter, until the AGREEMENT
terminates, a $0.02 cent increase per kilometer shall be applied to the Travel
Allowance.
27.04
Camp and Living Out Allowance Option:
At time of hire, all workers whose PRINCIPAL RESIDENCE is located outside of
Zones 1 and 2, will be provided a one-time option of selecting either camp
accommodation or a Living Out Allowance for the duration of their employment.
Workers, who select camp accommodation, when it is not immediately available,
shall receive the Living Out Allowance and the WORK SCHEDULE Travel
Allowance. Once camp accommodation becomes available, the worker, receiving
the Living Out Allowance, shall be advised and shall have seven (7) days in which
to advise Camp Administration of his/her acceptance or refusal to move into the
camp. If the worker accepts camp accommodations, the Living Out Allowance
shall cease but he/she shall continue to receive his/her WORK SCHEDULE Travel
Allowance. If the worker refuses camp accommodation, he/she shall continue to
receive the Living Out Allowance but the WORK SCHEDULE Travel Allowance
shall cease.
The worker may seek to change his/her election in extenuating circumstances with
Camp Administration in association with the appropriate COUNCIL OF UNIONS
and ASSOCIATION Site Representatives. The decision shall not be subject to the
Grievance and Arbitration Procedure.
A worker, whose PRINCIPAL RESIDENCE is located outside of Zones 1 and 2
and who opts not to live in the camp, shall receive a Living Out Allowance and a
Transportation Allowance paid upon hiring and lay-off.
The Living Out Allowance shall be one-hundred and twenty dollars ($120.00) per
day worked, increased by four dollars ($4.00) on May 1, 2012 and each
subsequent May 1 through to the end of the project.
The Transportation Allowance paid, upon hiring and lay-off, shall be as follows:
30
Eighty cents ($0.80) per kilometer from the SITE parking lot to the town hall in the
community of the worker’s PRINCIPAL RESIDENCE and pay at his/her regular
rate on the basis of one hour for each seventy (70) road kilometers travelled to a
combined maximum of four hundred dollars ($400.00) each way. Under
extenuating circumstances a worker may appeal to Construction Management to
have his/her travel distance reassessed from his/her community town hall to the
SITE parking lot. Effective May 1, 2012 the combined maximum shall be
increased twenty-five dollars ($25.00) and each year thereafter on that date.
27.05
Zones 3 through 8:
A worker, whose PRINCIPAL RESIDENCE is located in Zones 3 through 8 as
shown in Exhibit E “MAP” and opts for camp accommodation, shall be provided a
WORK SCHEDULE Travel Allowance per WORK SCHEDULE as outlined below:
a) Zone 3 (100 – 200 km) - $80.00 (round trip);
b) Zone 4 (200 – 300 km) - $110.00 (round trip);
c)
Zone 5 (300 – 450 km) - $140.00 (round trip);
d) Zone 6 (450 – 650 km) - $190.00 (round trip);
e) Zone 7 (650 – 800 km in the Port Aux Basques region) - $250.00 (round
trip);
f)
27.06
Zone 8 (650 – 950 km in the St. Anthony region) - $380.00 (round trip).
A worker, whose PRINCIPAL RESIDENCE is located in Canada, but outside of
Zones 1 through 8, who opts for camp accommodations, shall be provided air
transportation from a designated hub city to St. John’s or Gander, as well as a
Ground Transportation Allowance from the Newfoundland arrival airport to the
SITE and return to the Newfoundland departure airport. The Ground
Transportation Allowance will be sixty-five dollars ($65.00), inclusive, paid once
per WORK SCHEDULE.
Travel arrangements will be made from the hub city closest to the worker’s
PRINCIPAL RESIDENCE. The designated hub cities are listed below:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Labrador – Goose Bay, Labrador City
Nova Scotia – Halifax, Sydney
New Brunswick – Fredericton, Saint John
Prince Edward Island – Charlottetown
Quebec – Montreal, Quebec City
Ontario – Toronto, Thunder Bay
Manitoba – Winnipeg
Saskatchewan – Regina, Saskatoon
Alberta – Edmonton, Calgary
British Columbia – Vancouver, Victoria, Comox
Additional hub cities may be established, by the ASSOCIATION, subject to
passenger demand.
31
In the event that an overnight stay is required, while in transit, the CONTRACTOR
shall provide a Temporary Accommodation Allowance of one hundred and twenty
dollars ($120.00) for each day the worker is delayed.
27.07
When a worker is laid off, the CONTRACTOR shall provide return travel or a
Travel Allowance consistent with Articles 27.02 through 27.06.
ARTICLE 28 CAMP ACCOMMODATION
28.01
Camp facilities shall be provided, maintained and operated in full compliance with
all applicable laws and regulations. During the early works phase of the project, a
temporary camp may be provided to accommodate workers until the permanent
camp becomes available.
28.02
The OWNER or his/her Designee shall have the sole right to manage the camp,
including the assignment of accommodation.
28.03
A Camp Committee shall be established for the purpose of administering camp
rules.
28.04
Workers living in camp, who do not report for WORK on a regular work day due to
causes other than legitimate illness and/or legitimate absence, when they are
physically able to do so, shall be charged the full Room and Board Rate for each
regular day not worked.
28.05
Workers, failing to make use of camp accommodation on a repeated basis, shall
be charged at the full Room and Board Rate for each day not used, and shall
forfeit their right to camp accommodation.
28.06
Camp residents will be provided with a bagged meal for their mid-shift meal.
Arrangements for bag lunch meals and any pre-order systems shall be established
between a representative of the COUNCIL OF UNIONS and a representative of
the ASSOCIATION.
ARTICLE 29 LUNCHROOM AND SANITARY FACILITIES
29.01
The CONTRACTOR shall provide and maintain clean, heated, sanitary facilities,
which shall include modern flush toilets, urinals and wash basins. Where this is
not possible, chemical toilets and pump tank facilities will be allowed by mutual
consent of the CONTRACTOR, ASSOCIATION and COUNCIL OF UNIONS.
29.02
Fresh, safe drinking water and sanitary cups shall be provided to the workers.
29.03
The CONTRACTOR shall provide lunch rooms and determine their location,
subject to restrictions of the WORK area.
29.04
When lunch rooms are used, they shall be kept heated and clean, with adequate
size and seating capacity to accommodate the number of people using the facility.
General lunch rooms shall be provided with reasonable amenities.
32
ARTICLE 30 APPRENTICESHIP
30.01
The ASSOCIATION and the COUNCIL OF UNIONS agree to maximize the
training and development of NEWFOUNDLAND AND LABRADOR RESIDENTS
through a plan of Apprenticeship training as part of their joint responsibility to
maintain a supply of qualified tradespersons for the SITE.
30.02
The ASSOCIATION and the COUNCIL OF UNIONS agree to maximize placement
and utilization of Apprentices at ratios set forth in the Trade Appendices.
30.03
The PARTIES agree to cooperate in attaining the optimal hiring and training of
apprentices on the Project and will accept persons qualified to become
apprentices to fill the journeyperson/apprentice ratio, where there is a shortage of
registered apprentices. The employment of apprentices (within regulatory
requirements and limitations), will be promoted throughout the duration of the
Project, and shall provide for a spectrum of apprentices from the first year through
to fourth year (as appropriate to the respective trade).
The PARTIES will facilitate this through the effective utilization of the hiring order
and the 60/40 name hire provisions set out in Articles 9.01 and 9.02.
30.04
Apprentices, who are members of the COUNCIL OF UNIONS, shall be given first
priority for hiring and shall be the last to be laid off in accordance with the ratio of
the Apprentices agreed in the Trade Appendices.
ARTICLE 31 TRAINING
31.01
The ASSOCIATION and the COUNCIL OF UNIONS agree to cooperate with the
Government of Newfoundland and Labrador and the Government of Canada in the
development and establishment of Training Programs to prepare and qualify
NEWFOUNDLAND AND LABRADOR RESIDENTS for employment opportunities
on the Project.
31.02
The ASSOCIATION and COUNCIL OF UNIONS will work cooperatively to support
the training objectives of the Hebron Benefits Agreement.
ARTICLE 32 TOOLS
32.01
Workers are to supply appropriate tools in accordance with the schedules listed in
the Appendices attached to and made part of this AGREEMENT.
The tools are subject to verification by the CONTRACTOR upon employment. If
the CONTRACTOR deems other tools are necessary, they shall be supplied by
the CONTRACTOR.
32.02
The worker’s personal tools shall be in good condition when he/she is hired on the
job and they shall be maintained and kept in good condition.
33
32.03
The CONTRACTORS will provide appropriate lock-fast facilities for storage of
personal tools used by workers in the process of their WORK when the tools are
not in use.
32.04
Workers will be held responsible for tools, special and/or protective clothing and
safety apparatus supplied to them by the CONTRACTOR. If the worker fails to
return the supplied items, in good condition, to the CONTRACTOR, with the
exception of fair wear and tear, at the time of termination or on request prior to the
worker’s termination, the replacement cost shall be deducted from any monies due
to the worker.
Workers will not, however, be held responsible for loss or damage to
CONTRACTOR supplied tools, clothing or equipment as a result of fire, theft due
to break-in or forcible entry of CONTRACTOR arranged lock-fast facilities,
provided the loss or damage is immediately reported by the worker, in writing, to
the CONTRACTOR.
32.05
The CONTRACTOR shall replace worker’s personal tools when:
a) the tools are destroyed by fire, lost through theft by forced entry of a designated
storage place on the CONTRACTOR’S premises, and provided that the loss or
damage is immediately reported by the worker, in writing, to the
CONTRACTOR.
b) in the course of the worker’s work assignment, the tools are damaged beyond
repair, provided the worker satisfies his/her CONTRACTOR the damage was
not intentional or caused by the worker’s failure to exercise due care and
attention.
32.06
CONTRACTORS will not be held responsible for personal tools which have not
been identified on the worker’s tool list by an authorized Representative of the
CONTRACTOR. The worker shall provide an inventory list and the
CONTRACTOR shall conduct an inventory check prior to commencement of
WORK.
32.07
Workers, arriving at the job site or leaving the job site upon termination of
employment, will be assisted in transporting their personal tools to or from the bus
depot or parking lot.
32.08
Worker’s tools which have to be replaced or sent off the job site for repair will be
replaced and returned as soon as possible.
ARTICLE 33 DIVERSITY
33.01
The ASSOCIATION and COUNCIL OF UNIONS will support and promote
initiatives and plans for employment diversity.
In particular, the PARTIES are committed to providing full access to employment
opportunities for and employment of qualified women and qualified members of
designated groups (aboriginals, persons with disabilities and members of visible
minorities).
34
The PARTIES will also implement proactive programs and practices that
contribute to the creation of an inclusive work environment consistent with the
policies established for the SITE.
33.02
To facilitate achievement of diversity objectives, the PARTIES have agreed to the
60/40 name hiring provisions set out in Article 9.02.
ARTICLE 34 HEALTH AND SAFETY
34.01
All WORK shall be performed and equipment operated according to accepted
safety conditions, which must conform to the applicable Provincial or Federal
Regulations, Acts and Laws, and to site regulations.
34.02
Where the nature of the WORK or working conditions so require, workers shall be
supplied, at the CONTRACTOR’s expense, all necessary safety equipment and/or
devices to enable the worker to safely perform his/her duties. The worker will be
responsible to provide his/her prescription safety eyeglasses and personal safety
footwear required for normal working conditions. If the worker requires
prescription lenses, and does not possess approved prescription safety lenses,
he/she shall be entitled to receive reimbursement for the personal provision of
safety prescription lenses, up to a maximum cost of two hundred and fifty
($250.00) per year (subject to verification of receipt to the worker).
34.03
Both the ASSOCIATION and the COUNCIL OF UNIONS recognize the mutual
value of improving, by all proper and reasonable means, the safety of the
individual worker and will co-operate to promote safety.
34.04
The CONTRACTOR agrees to provide to each worker, upon commencement of
his/her employment, the following specific articles for use by the worker during the
course of his/her employment at the SITE:
a) one (1) safety hat, colour coded for identification together with a winter liner;
and
b) one (1) safety vest.
Rain gear (jacket and pants), rubber boots, appropriate work gloves and protective
clothing shall be provided as required by the nature of the work.
It shall be the responsibility of the worker to care for the articles listed above and
to return these articles to the CONTRACTOR upon termination of his/her
employment. Failure to return these articles may result in their cost being charged
to the worker, which the CONTRACTOR may deduct from the worker’s wages.
34.05
Referred potential workers, required to complete the Newfoundland and Labrador
Construction Safety Association (NLCSA) or the Alberta Construction Safety
Training System (CSTS), shall be reimbursed the actual cost of the training
program, to a maximum of fifty dollars ($50.00) upon successful completion.
34.06
Referred potential workers, required to attend an alcohol and drug test, and
medical and physical assessments at a location that is greater than 50 road
35
kilometers from their PRINCIPAL RESIDENCE, shall be reimbursed a Road
Kilometer Travel Allowance, one way, in accordance with Article 27.03.
34.07
If employed workers are required by a CONTRACTOR to attend training
programs, the programs shall be conducted during normal hours of work and
workers shall be paid at their normal straight time gross wage package. If these
training programs are provided away from the SITE, workers shall be provided
suitable return transportation from the SITE and accommodation and meals, if
required.
ARTICLE 35 SAVING CLAUSE
35.01
If any provision of this AGREEMENT is in conflict with the laws or regulations of
Canada or Newfoundland and Labrador, the provisions shall be superseded by the
law or regulation. Unless prohibited from doing so by the law or regulation, or by a
ruling of any Court or Board of competent jurisdiction which has declared any
provision of this AGREEMENT invalid or inoperable, the ASSOCIATION and the
COUNCIL OF UNIONS, within fifteen (15) days notice of either to the other, shall
commence negotiations, the sole and restricted purpose of which shall be to
provide adequate legal replacement of the provision. In the event that the
negotiations do not result in agreement upon a legal replacement for the provision
within fourteen (14) days of commencement of negotiations, or longer period as
may be mutually agreed between the PARTIES, the matter shall be resolved in
accordance with Article 14.
ARTICLE 36 LEAVE OF ABSENCE
36.01
Workers shall be granted three (3) regularly scheduled work days leave with pay
(the worker’s regular rate times the number of hours the worker is scheduled to
work on those days plus any applicable premium) commencing on the day after
the date of death of the spouse, or common-law spouse, child, parent, legal
guardian, brother, sister, parent-in-law, grandparent, grandchild, daughter-in-law,
son-in-law, sister-in-law, brother-in-law, or other relative or dependant living in the
same PRINCIPAL RESIDENCE.
36.02
Bereavement leave shall not be granted for time that would not normally have
been worked and under no circumstances shall pay be granted for overtime
missed as a result of a worker’s absence.
36.03
Workers shall be entitled to maternity, parental and adoption leave in accordance
with the provisions of the Newfoundland and Labrador Labour Standards Act in
effect on the date of this AGREEMENT.
36.04
Workers summoned to attend upon a court of inquiry in accordance with the
Newfoundland and Labrador Jury Act, 1991 shall be paid the same as they would
if they had been scheduled to work.
36
ARTICLE 37 WELDING TESTS
37.01
When welders are hired on the project, the CONTRACTOR hiring the welder shall
compensate the UNION supplying the welder, five hundred dollars ($500.00) for
each welding ticket the welder is required to have to perform the work. The welder
shall be reimbursed four (4) hours pay for each ticket to compensate for time
involved in completing each test. In the event a UNION member is laid off and rehired by the CONTRACTOR or another CONTRACTOR working on SITE, the
CONTRACTOR or the other CONTRACTOR shall not be required to pay the five
hundred dollars ($500.00) for each ticket and the welder shall not be reimbursed
pay if the same welding tickets are required. The CONTRACTOR is responsible
for the cost of Canadian Welding Bureau re-certifications if the certification expires
more than one (1) year after the welder commences to work on SITE. These recertifications shall be without loss of pay to a maximum of one (1) regularly
scheduled work day at straight time.
ARTICLE 38 PROJECT ADMINISTRATION FUND
38.01
CONTRACTORS shall remit sixty cents ($0.60) per person hour earned under this
AGREEMENT to the Project Administration Fund. These monies shall be remitted
no later than the fifteenth (15) day of the month following the month worked. The
monies shall be remitted to Hebron Project Employers’ Association Inc. and the
Resource Development Trades Council of Newfoundland and Labrador directly by
the CONTRACTORS:
The ASSOCIATION: 30 cents
The COUNCIL OF UNIONS: 30 cents
ARTICLE 39 FOREIGN REGISTERED (MARINE & TRANSPORTATION) CONTRACTORS
39.01
In view of the unique and specialized critical nature of portions of the WORK to be
performed at the SITE, and in order to maintain a harmonious relationship
between the PARTIES throughout the term of the AGREEMENT, the
ASSOCIATION and the COUNCIL OF UNIONS agree as follows:
1. All Foreign Registered (Marine and Transportation) Contractors, who will be
exempted from the provisions of the AGREEMENT, will generally use their own
crews.
2. The ASSOCIATION shall take necessary steps to ensure that Foreign
Registered (Marine & Transportation) Contractors maximize the Canadian and
particularly Newfoundland and Labrador worker content of their contracts to the
extent compatible with the efficient and safe conduct of their operations.
37
Contracts for Foreign Registered (Marine & Transportation) Contractors shall
include relevant provisions ensuring that all additional labour required by these
contractors is provided under the terms of the AGREEMENT.
ARTICLE 40 DURATION
40.01
The AGREEMENT shall be for a term commencing on the later of (i) date of its
signing or (ii) the date the Lieutenant Governor-in-Council issues a special project
order respecting the Hebron Development Project, and continuing for the duration
of the WORK at the SITE, including mobilization and de-mobilization by the
CONTRACTORS.
40.02
Without restricting the generality of the foregoing, this AGREEMENT ceases to
apply when Mechanical Completion of the WORK, or part or components thereof,
is attained and it is handed over to the OWNER, or its designate.
40.03
Mechanical Completion occurs when construction is physically complete
(manufactured, fabricated, installed and connected), safe (related systems
necessary for protection of personnel and property are in place), clean (flushed,
clean and dry), tight (bolt tensioned, hydro tested and re-instated), inspected,
tested and documented.
A unit, units, system or area may be deemed ready for acceptance by the
OWNER, or its designate prior to Mechanical Completion.
Should the OWNER, or its designate, require assistance from the CONTRACTOR
in modifying, altering or fixing up any system or facility described above, the
WORK shall be performed by members of the COUNCIL OF UNIONS.
40.04
Should the commissioning contractor require assistance from a CONTRACTOR,
the commissioning contractor may request the provision of qualified workers
employed by the CONTRACTOR.
ARTICLE 41 HEBRON PROJECT PREMIUM
41.01
In recognition of the uniqueness of the Hebron Project, its importance to the
Province of Newfoundland and Labrador and the duration of the project, workers
shall receive a Hebron Project Premium payment of three dollars($3.00) per hour
for all hours earned. CONTRACTORS shall pay the premium quarterly
(approximately every ninety (90) days and as agreed to by the PARTIES) at the
end of the next pay period. This premium is not part of the wage package and
does not attract payment of Vacation Pay and Recognized Holiday Pay.
41.02
The dates for payment of the Hebron Project Premium shall be set by the Liaison
Committee annually.
41.03
Upon lay-off, workers shall receive the Hebron Project Premium in their final pay.
38
ARTICLE 42 DESIGNATED FUND
42.01
Effective at project construction commencement, CONTRACTORS will remit to the
Resource Development Trades Council of Newfoundland and Labrador, twentyfive cents ($0.25) per hour earned, cheque made payable to "Health Care
Foundation Fund" and an additional five cents ($0.05) per hour earned, cheque
made payable to "Canadian Building Trades Fund".
39
Signed at St. John’s, Newfoundland and Labrador this 2nd day of September, 2011.
RESOURCE DEVELOPMENT TRADES COUNCIL OF
NEWFOUNDLAND AND LABRADOR
Gus Doyle
President
David G. Wade
Executive Director
Robert R. Blakely
Director of Canadian Affairs
HEBRON PROJECT EMPLOYERS’ ASSOCIATION INC.
Dennis Bobiy
Director
Jacques Simard
Director
40
FORMALLY SIGNED AT ST. JOHN’S, NEWFOUNDLAND THIS 27th DAY OF OCTOBER,
2011 BY THE INDIVIDUAL MEMBERS OF THE RESOURCE DEVELOPMENT TRADES
COUNCIL OF NEWFOUNDLAND AND LABRADOR
International Brotherhood of Boilermakers
Iron Ship Builders Blacksmiths, Forgers and
Helpers
International Brotherhood of Boilermakers
Iron Ship Builders Blacksmiths, Forgers and
Helpers, Local 203
International Union of Bricklayers and Allied
Craftworkers
International Union of Bricklayers and Allied
Craftworkers, Local 1
International Union of Elevator
Constructors
International Union of Elevator
Constructors, Local 125 A
Hotel Employees and Restaurant
Employees International
Hotel and Restaurant
Workers, Local 779
International Brotherhood of Electrical
Workers
International Brotherhood of Electrical
Workers, Local 1620
International Brotherhood of Electrical
Workers
International Brotherhood of Electrical
Workers, Local 2330
International Association of Heat and Frost
Insulators and Allied Workers
International Association of Heat and Frost
Insulators and Allied Workers, Local 137
International Association of Bridge,
Structural, Ornamental and Reinforcing
Ironworkers
International Association of Bridge,
Structural, Ornamental and Reinforcing
Ironworkers, Local 764
Labourers’ International Union of North
America
Labourers’ International Union of North
America and the Construction and General
Labourers’ Union, Rock and Tunnel Workers,
Local 1208
41
United Brotherhood of Carpenters
and Joiners of America
United Brotherhood of Carpenters
and Joiners of America, Local 579
United Brotherhood of Carpenters
and Joiners of America
United Brotherhood of Carpenters
and Joiners of America, Millwrights,
Local 1009
International Union of Operating
Engineers
International Union of Operating
Engineers, Local 904
International Union of Painters and Allied
Trades
International Union of Painters and Allied
Trades, Local 1984
Sheet Metal Workers’ International
Association
Sheet Metal Workers’ International
Association, Local 512
International Brotherhood of Teamsters
International Brotherhood of Teamsters,
Local 855
United Association of Journeymen and
Apprentices of the Plumbing and Pipefitting
Industry of the United States and Canada
United Association of Journeymen and
Apprentices of the Plumbing and Pipefitting
Industry of the United States and Canada,
Local 740
42
EXHIBIT A
PANEL OF ARBITRATORS
The following are the five (5) arbitrators to be selected for arbitrations, as per Article 14.04:
1.
2.
3.
4.
5.
David Alcock
Dennis Browne
John Clarke
James Oakley
John Roil
43
EXHIBIT B
JURISDICTION DISPUTES RESOLUTION PLAN
DEFINITIONS
In this Agreement:
“Agreements between Unions”. There are three types of Agreements – Agreements of
Record, Attested Agreements and Non Attested Agreements. These Agreements are not
binding on other crafts not signatory to the Agreements and, insofar as the Impartial
Jurisdictional Disputes Board is concerned, they do not affect the claims or rights of work
jurisdiction of Unions not parties to the Agreement.
“Agreements of Record”are those Agreements between Building Trades Unions which
have been recorded with the Impartial Jurisdictional Disputes Board and are binding on the
signatory Unions. These are the only Agreements contained in the “Green Book”.
“Attested Agreements”are those Agreements signed by the General Presidents of two
International Unions and attested to by the Impartial Jurisdictional Disputes Board. These
Agreements have the same status as an Agreement of Record.
“Decision of Umpire”means the decision of work assignment made by the Umpire.
“Decisions of Record”are those which appear in the publication commonly referred to as
the “Green Book” published and approved by the Building and Construction Trades
Department, AFL-CIO, (current issue), and are international or national in scope. They are
applicable to all trades even though a dispute which resulted in a Decision of Record may
originally have involved only two trades. They are not to be confused with job decisions
rendered by the Impartial Jurisdictional Disputes Board which apply only to the job decisions.
However, the Impartial Jurisdictional Disputes Board is required to give due consideration to
Decisions of Record in arriving at job decisions. Decisions of Record in the “Green Book” do
not appear in chronological order and are always referred to by dates.
“Impartial Jurisdictional Disputes Board”means the Impartial Jurisdictional Disputes
Board in Washington, D.C., the International Appeal board, the International Plan for the
Settlement of Jurisdictional Disputes in the Construction Industry (approved June, 1984, as
amended December 2008), or its successor.
“Intended Work Assignment”means the initial step wherein the CONTRACTOR declares
his/her intention to assign certain work to a certain trade(s).
“Jurisdictional Dispute”means dispute between Unions and/or Unions and a
CONTRACTOR over the assignment of work, or a difference between two or more UNIONS
as to which trade or which workmen will do certain work which must be grounded and be
founded upon the scope or claimed jurisdiction as set forth in the International Constitution
applicable to the Claimant(s).
“Non Attested Agreements”are those which have not been filed with the Impartial
Jurisdictional Disputes Board, nor attested by the Chairman of the Impartial Jurisdictional
Disputes Board.
“Participating Contractor”means a CONTRACTOR working under the terms and
conditions of this AGREEMENT.
44
“Participating UNIONS”means a UNION which is a member of the COUNCIL OF UNIONS.
“Prevailing Practice”is the practice of that craft which submits valid evidence indicating that
its members have performed more of the work in the area where the dispute exists than have
members of other crafts. The area, for the purpose of determining the Prevailing Practice,
shall be defined ordinarily to mean the geographical jurisdiction of the Province of
Newfoundland and Labrador.
“Specific Work Assignment”means the assignment of work as determined by the Umpire.
The “intended work assignment” shall be considered the specific assignment where the
assignment remains unchallenged before the Umpire.
“Umpire” means the Jurisdictional Umpire appointed pursuant to Article 19:00 of this
AGREEMENT.
ARTICLE II PROCEDURES TO BE USED BY THE UMPIRE
1.
Decisions of Record and Agreements of Record established by or recorded by the
Impartial Jurisdictional Disputes Board, established international trade practice,
prevailing practice as defined, together with a reasonable acceptance of
considerations for efficiency and capacity to furnish construction services to the public
at reasonable cost, shall be accepted by the Umpire as factors in assigning WORK
(see Article 2.2(b) of the Procedural Rules).
2.
Decisions on Assignment of WORK (Reference Article 19.00) – When the Umpire has
received a protest of WORK assignment from the COUNCIL OF UNIONS or for a
request for a decision from the ASSOCIATION, he/she shall proceed to make a
decision as outlined below:
i.
Any request for a decision shall contain the following information:
Name and address of the CONTRACTOR.
Disputing trades.
The assignment of WORK made by the CONTRACTOR.
A full and detailed description of the disputed WORK.
When the request is made by the Union, it shall also state the basis of its claim
for the WORK.
ii.
All requests for services of an Umpire shall be made to the RDC Office at 78
Brookfield Road, St. John's, NL.
iii.
The COUNCIL OF UNIONS shall file a copy of each request for a decision with
the ASSOCIATION, the affected CONTRACTORS, the Umpire and all of the
Local Unions involved in the dispute.
iv.
When notice of a request for a decision has been sent to a UNION directly
affected, the UNION shall be allowed twenty-four (24) hours (except as
provided below) in which to state its position to the Umpire. The UNION shall
be notified of this period at the same time it is sent notice of the request for a
decision.
45
v.
Where a request for a decision has been filed with the Umpire by the COUNCIL
OF UNIONS, the ASSOCIATION shall be requested to furnish a full description
of the disputed WORK.
vi.
Where two UNIONS have established procedures for the adjustment of
jurisdictional disputes without resorting to the procedures set out herein, they
shall be allowed a reasonable length of time as determined by the Umpire in
which to effect a settlement. If the UNIONS are unable to reach agreement,
they shall jointly render a statement of facts of the dispute to the Umpire for a
decision.
vii.
When the Umpire has decided to process a dispute in accordance with the
provisions of Article 19, the UNIONS involved shall be notified and allowed five
(5) working days from receipt of the notice in which to submit evidence. The
UNIONS shall be notified by registered mail, courier, or facsimile of this period
in each case processed.
The notice must also include a clear definition of the dispute on which evidence
is to be secured, and the locality from which evidence will be received which
shall be the same for both trades and shall be the Province of Newfoundland
and Labrador. The Umpire will consider only evidence which identifies projects
within the Province of Newfoundland and Labrador and the CONTRACTOR on
the project. It is desirable wherever possible for the evidence to show the year
the WORK was performed and the amount of WORK involved.
viii.
If the Umpire finds that the dispute is not covered by an appropriate or
applicable Decision or Agreement of Record, he/she shall render a decision in
which he/she shall consider the established international trade practice or the
prevailing practice in the Province of Newfoundland and Labrador, and the
decision shall be effective for the duration of the Project.
ix.
The COUNCIL OF UNIONS and the ASSOCIATION shall ensure that their
members promptly comply with each decision of the Umpire.
x.
If, during the course of consideration of a dispute, the Umpire should decide
that there is a substantial and material question of fact which cannot be
resolved on the basis of the available evidence, the Umpire shall temporarily
suspend the deliberation and make the investigation as he/she deems
necessary to avail himself of all facts and evidence bearing on the dispute.
xi.
If, during the course of consideration of a dispute, any PARTY to the dispute or
the Umpire should decide that there is a substantial and material question of
technological change attendant to a dispute which cannot be resolved on the
basis of available evidence, the Umpire shall temporarily suspend the
deliberations and make any investigation as he/she deems necessary to avail
himself of all facts and evidence bearing on the dispute and shall in any event
make a decision prior to the scheduled commencement of WORK.
xii.
In addition to all other requirements in these Rules and Regulations with respect
to the form of a decision rendered by the Umpire, it is also required that any
decision shall include a brief statement of the description of the WORK in
46
dispute and the conclusions of the Umpire with respect to the principal material
issues which are involved in the dispute. The Umpire’s written decision shall be
as brief and concise as possible.
xiii.
In keeping with the expressed intent of the PARTIES to address jurisdictional
matters in a timely, efficient and cost effective manner, the hearing may be
conducted by electronic audio/visual means.
xiv.
Each PARTY to the jurisdictional dispute shall pay its own expenses. The fees
and expenses for the Umpire shall be paid by the losing PARTY.
xv.
Unless and until it is re-assigned by the Umpire, WORK shall be performed in
accordance with the CONTRACTOR’S final mark up and the Contractor shall
have no liability in respect of WORK subsequently re-assigned.
ARTICLE III IMPLEMENTATION OF DECISIONS
Decisions as to jurisdiction claims and decisions determining whether or not the decisions
have been violated as rendered by the Umpire shall be binding, final and conclusive on all of
the parties agreeing to the operation of this Jurisdiction Dispute Resolution Plan, except as
otherwise provided in Article III.
To further implement the decision of the Umpire, any party, may, at any time, file a complaint
in writing with the Umpire alleging a violation of a decision previously made. The Umpire
shall thereupon set a hearing to be held within three (3) days of receipt of the complaint with
respect to the alleged violation and shall notify, by registered mail, all interested parties of the
time and place thereof. The Umpire shall conduct a hearing at the time and place specified in
this notice. All parties shall be given an opportunity to testify and present documentary
evidence relating to the said matter of the hearing within forty-eight (48) hours after the
conclusion thereof. The Umpire shall render a written decision in the matter and shall state
whether or not there has been a violation of his/her prior decision. Copies of the decision
shall be mailed by registered mail to all parties thereto.
Should the Umpire determine that there has been a violation of his/her decision, he/she shall
order immediate compliance by the offending party or parties.
The Umpire shall take the following action to enforce compliance with his/her decision
including a directive to make a specific assignment of work.
a)
He/she shall levy a fine of $50.00 to $250.00 per day for each violation against the
offender, i.e. Contractor and/or Union, represented by the parties hereto. The fine shall
be paid to the COUNCIL OF UNIONS and submitted to the affected Union or Unions
consistent with the decision of the Umpire. Should a member of either party to this
AGREEMENT fail to pay the amount levied within fifteen (15) days, he/she shall be
deprived of all benefits of the Umpire until the time as the matter is adjusted to the
satisfaction of the Umpire.
b)
He/she shall file an application in any court of competent jurisdiction to have his/her
decision confirmed and for entry of a judgemnt in conformity therewith.
47
c)
He/she shall take any further or additional action he/she deems necessary to secure
compliance with his/her decision.
d)
The Umpire shall determine the losing party in each case. If the CONTRACTOR or
ASSOCIATION’s final assignment is changed by the umpire, the CONTRACTOR or
ASSOCIATION (whichever party made the assignment) AND the assigned trade are the
losing parties, and they shall equally share the umpires fees and expenses. If the
CONTRACTOR or ASSOCIATION’S final assignment is not changed by the Umpire, the
claiming trades shall pay the umpire’s fees and expenses.
ARTICLE IV RECOURSE
Any party or person bound by a decision of the Umpire may apply for a jurisdictional award to
the Impartial Jurisdictional Disputes board, or its successor, created by the Building and
Construction Trades Department, AFL-CIO, and the person or party shall be bound by all of
the Procedural Rules and Regulations of the said Impartial Jurisdictional Disputes Board, or
its successor, so far as may be applicable, and shall be bound by any decision of the said
Impartial Jurisdictional Disputes Board, or its successor, (including any decision of the
International Appeal Board provided therein) as if the decision were a decision of the Umpire
referred to in Article I.
48
EXHIBIT C
WORK SCHEDULES
49
WORK SCHEDULE A:
TEN (10) DAYS ON / FOUR (4) DAYS OFF
The following terms and conditions apply to workers, who work this schedule:
1.
The WORK SCHEDULE may commence on any day of the week.
2.
The WORK SCHEDULE will consist of ten (10) consecutive scheduled days of work followed by four (4) scheduled days of
rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute
unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at
approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.
3.
The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table A.
4.
Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of
rest will be paid at double the straight time rate of pay.
5.
A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work
days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the
scheduled four (4) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday,
Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a
worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been
entitled to under his/her previous schedule.
6.
Overtime meals will be as per the provisions of this AGREEMENT.
7.
The hours set forth in this WORK SCHEDULE do not constitute a guarantee of hours of work per day.
Table A: Ten and Four WORK SCHEDULE (Ten days of 10 hours worked, 4 days off)
DAY
ST
1.5 T
OT 2.0
M
T
W
Th
10
10
10
10
F
S
Su
10
10
10
50
M
T
W
10
10
10
Th
F
S
Su
WORK SCHEDULE B:
FOURTEEN (14) DAYS ON / SEVEN (7) DAYS OFF
The following terms and conditions apply to workers, who work this schedule:
1.
The WORK SCHEDULE may commence on any day of the week.
2.
The WORK SCHEDULE will consist of fourteen (14) consecutive scheduled days of work followed by seven (7) scheduled days
of rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute
unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at
approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.
3.
The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table B.
4.
Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of
rest will be paid at double the straight time rate of pay.
5.
A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work
days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the
scheduled seven (7) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday,
Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result
of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have
been entitled to under his/her previous schedule.
6.
Overtime meals will be as per the provisions of this AGREEMENT.
7.
The hours set forth in this WORK SCHEDULE do not constitute a guarantee of hours of work per day.
Table B: Fourteen and Seven WORK SCHEDULE (Fourteen days of 10 hours worked, 7 days off)
DAY
ST
1.5 T
OT 2.0
M
T
W
Th
10
10
10
10
F
S
Su
M
T
W
Th
10
10
10
10
10
F
S
Su
10
10
10
10
10
51
M
T
W
Th
F
S
Su
WORK SCHEDULE C:
TWENTY (20) DAYS ON / EIGHT (8) DAYS OFF
The following terms and conditions apply to workers, who work this schedule:
1.
The WORK SCHEDULE may commence on any day of the week.
2.
The WORK SCHEDULE will consist of twenty (20) consecutive scheduled days of work followed by eight (8) scheduled days of
rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute
unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at
approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.
3.
The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table C.
4.
Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of
rest will be paid at double the straight time rate of pay.
5.
A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work
days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the
scheduled eight (8) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday,
Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a
worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been
entitled to under his/her previous schedule.
6.
Overtime meals will be as per the provisions of this AGREEMENT.
7.
The hours set forth in this WORK SCHEDULE do not constitute a guarantee of hours of work per day.
Table C: Twenty and Eight WORK SCHEDULE (Twenty days of 10 hours worked, 8 days off)
DAY
M
T
W
Th
ST
1.5 T
OT 2.0
10
10
10
10
F
S
Su
10
M
T
W
Th
10
10
10
10
F
S
Su
10
10
10
M
T
W
Th
10
10
10
10
F
S
10
10
10
52
10
Su
M
T
W
Th
F
S
Su
WORK SCHEDULE D:
FOURTEEN (14) DAYS ON / FOURTEEN (14) DAYS OFF
The following terms and conditions apply to workers, who work this schedule:
1.
The WORK SCHEDULE may commence on any day of the week.
2.
The WORK SCHEDULE will consist of fourteen (14) consecutive scheduled days of work followed by fourteen (14) scheduled
days of rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30)
minute unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring
at approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.
3.
The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table D.
4.
Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of
rest will be paid at double the straight time rate of pay.
5.
A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work
days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the
scheduled fourteen (14) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday,
Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result
of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have
been entitled to under his/her previous schedule.
6.
Overtime meals will be as per the provisions of this AGREEMENT.
7.
The hours set forth in this WORK SCHEDULE do not constitute a guarantee of hours of work per day.
Table D: Fourteen and Fourteen WORK SCHEDULE (Fourteen days of 10 hours worked, 14 days off)
DAY
M
T
W
Th
ST
1.5 T
OT 2.0
10
10
10
10
F
S
Su
10
M
T
W
Th
10
10
10
10
F
S
Su
10
10
10
10
10
53
M
T
W
Th
F
S
Su
M
T
W
Th
F
S
Su
WORK SCHEDULE E: TWENTY-EIGHT (28) DAYS ON / FOURTEEN (14) DAYS OFF
The following terms and conditions apply to workers, who work this schedule:
1.
The WORK SCHEDULE may commence on any day of the week.
2.
The WORK SCHEDULE will consist of twenty eight (28) consecutive scheduled days of work followed by fourteen (14)
scheduled days of rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty
(30) minute unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one
occurring at approximately the middle of the first half of the shift and the other at approximately the middle of the second half of
the shift.
3.
The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table E.
4.
Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of
rest will be paid at double the straight time rate of pay.
5.
A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work
days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the
scheduled fourteen (14) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday,
Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result
of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have
been entitled to under his/her previous schedule.
6.
Overtime meals will be as per the provisions of this AGREEMENT.
7.
The hours set forth in this WORK SCHEDULE do not constitute a guarantee of hours of work per day.
Table E: Twenty-Eight and Fourteen WORK SCHEDULE (Twenty-Eight days of 10 hours worked, 14 days off)
DAY
M
T
W
Th
ST
1.5 T
OT 2.0
10
10
10
10
F
S
Su
10
M
T
W
Th
10
10
10
10
F
S
Su
10
10
10
M
T
W
Th
10
10
10
10
F
S
Su
10
10
10
54
M
T
W
Th
10
10
10
10
F
S
Su
10
10
10
10
10
WORK SCHEDULE F:
TWENTY (20) DAYS ON / TEN (10) DAYS OFF
The following terms and conditions apply to workers, who work this schedule:
1.
The WORK SCHEDULE may commence on any day of the week.
2.
The WORK SCHEDULE will consist of twenty (20) consecutive scheduled days of work followed by ten (10) scheduled days of
rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute
unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at
approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.
3.
The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table F.
4.
Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of
rest will be paid at double the straight time rate of pay.
5.
A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work
days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the
scheduled ten (10) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday,
Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a
worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been
entitled to under his/her previous schedule.
6.
Overtime meals will be as per the provisions of this AGREEMENT.
7.
The hours set forth in this WORK SCHEDULE do not constitute a guarantee of hours of work per day.
Table F: Twenty and Ten WORK SCHEDULE (Twenty days of 10 hours worked, 10 days off)
DAY
M
T
W
Th
ST
1.5 T
OT 2.0
10
10
10
10
F
S
Su
10
M
T
W
Th
10
10
10
10
F
S
Su
10
10
10
M
T
W
Th
10
10
10
10
F
S
10
10
10
10
55
Su
M
T
W
Th
F
S
Su
M
T
WORK SCHEDULE G:
SIX (6) DAYS ON / ONE (1) DAY OFF
The following terms and conditions apply to workers, who work this schedule:
1.
This WORK SCHEDULE will be scheduled for twenty-four (24) consecutive weeks followed by the employee’s choice of two (2)
or four (4) consecutive weeks of rest and applies only to TEMPORARY FOREIGN WORKERS whose PRINCIPAL
RESIDENCE is located outside of Canada and the United States of America.
2.
The WORK SCHEDULE may commence on any day of the week.
3.
The WORK SCHEDULE will consist of six (6) consecutive scheduled days of work followed by one (1) scheduled day of rest.
Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute unpaid
lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at
approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.
4.
The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table G.
5.
A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work
days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the
scheduled one (1) day of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday,
Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a
worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been
entitled to under his/her previous schedule.
6.
Overtime meals will be as per the provisions of this AGREEMENT.
7.
The hours set forth in this WORK SCHEDULE do not constitute a guarantee of hours of work per day.
Table G: Six and One WORK SCHEDULE (Six days of 10 hours worked, 1 days off)
DAY
ST
1.5 T
OT 2.0
M
T
W
Th
10
10
10
10
F
S
10
10
56
Su
EXHIBIT D
SITE MAP
57
EXHIBIT E
ISLAND OF NEWFOUNDLAND TRAVEL ZONES
58
EXHIBIT F
TRADE APPENDICES
59
TRADE APPENDIX
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS,
IRON SHIP BUILDERS, BLACKSMITHS,
FORGERS, AND HELPERS AND
LOCAL UNION 203
60
1.0
APPLICATION
1.01
This Trade Appendix shall apply to the following:
General Foreperson
Foreperson
Assistant Foreperson (Working)
Journeyperson
Apprentice
Helper
1.02
On crews of six (6) members or less (including the Foreperson) the Foreperson shall be allowed
to work with the tools. The Union recognizes that there may be situations where a General
Foreperson, Foreperson, or Assistant Foreperson is required to work with the tools to provide
instructions on work procedures or where safety is a compelling factor.
1.03
The use of General Forepersons will be determined by management.
The Assistant Foreperson (working) shall receive a premium of one dollar and seventy
($1.70) cents per hour above the journeyperson rate.
The Non-Working Foreperson shall receive a premium of three dollars and five ($3.05)
cents per hour above the journeyperson rate.
The General Foreperson shall receive a premium of four dollars and fifteen ($4.15) cents
per hour above the journeyperson rate.
The Helper shall receive seventy-five percent (75%) of the journeyperson rate.
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of recognized holidays shall be twelve (12%)
percent of gross wages including over-time for all workers.
3.0
BENEFIT FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule for
th
each hour earned. Payments shall be made no later than the 15 of the month following the
month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers in
respect of whom such payment is made, the amount paid in respect of each worker, and the
hours worked by each worker during the calendar month for which payment is being made.
3.03
Payments shall be made as follows:
A.
HEALTH AND WELFARE FUND
Address:
J.J. McAteer & Associates Inc.
45 McIntosh Drive
Markham, ON L3R 8C7
61
Cheque payable to:
B.
C.
D.
E.
F.
PENSION FUND
Address:
J.J. McAteer & Associates Inc.
45 McIntosh Drive
Markham, ON L3R 8C7
Cheque payable to:
Boilermakers National Benefit Fund’s (Canada)
PROVINCIAL EDUCATION AND TRAINING FUND
Address:
Boilermakers Local 203
P.O. Box 250
Holyrood, NL A0A 2R0
Cheque payable to:
Boilermakers Local Lodge 203
BUILDING AND PROMOTION FUND
Address:
Boilermakers Local 203
P.O. Box 250
Holyrood, NL A0A 2R0
Cheque payable to:
Boilermakers Local Lodge 203
NATIONAL TRAINING FUND
Address:
J.J. McAteer & Associates Inc.
45 McIntosh Drive
Markham, ON L3R 8C7
Cheque payable to:
Boilermakers National Benefit Fund’s (Canada)
AUDIOMETRIC TESTING FUND
Address:
Cheque payable to:
G.
Boilermakers National Benefit Fund’s (Canada)
J.J. McAteer & Associates Inc.
45 McIntosh Drive
Markham, ON L3R 8C7
Boilermakers Local Lodge 203
BENEVOLENT FUND
Address:
Boilermakers Local 203
P.O. Box 250
Holyrood, NL A0A 2R0
Cheque payable to:
Boilermakers Local Lodge 203
62
H.
I.
CANADIAN BUILDING TRADES FUND
Address:
Resource Development Trades Council of Newfoundland and
Labrador Industrial Fund
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL HEALTH CARE FUND
Address:
Resource Development Trades Council of Newfoundland and
Labrador Industrial Fund
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
UNION DUES
4.01
Union Dues as per Article 8.00 shall be forwarded to:
Address:
Boilermakers Local 203
P.O. Box 250
Holyrood, NL A0A 2R0
5.0
APPRENTICES
5.01
Apprentices, when available shall be employed on work covered by this agreement in the ratio
of a minimum of one (1) apprentice to four (4) journeyperson and a maximum of one (1)
apprentice to one (1) journeyperson, including the welders list if the apprentice is so qualified.
5.02
It is recognized that there may be situations in which the above ratio would be impractical. In
order to obtain relief, the CONTRACTOR must consult with the Business Manager and reach a
mutually acceptable solution. When the intent of the foregoing has been met, the UNION shall
not refer additional apprentices in lieu of journeyperson without the CONTRACTOR’S
agreement.
5.03
All apprentices shall be employed in accordance with the provisions of the
Apprenticeship Act. Apprentices shall be given the support of the journeyperson working on the
job on which the apprentices are employed, and the supervision of the foreperson and, under
the guidance of the journeyperson, they may perform rigging, fitting, welding (if welding
procedures allow), layout work or any other part of the trade of a journeyperson Boilermaker.
Boilermaker Apprentices Pay
Apprentices shall receive the following percentage of a Boilermaker Journeyperson’s rate:
First Year
Second Year
Third Year
60%
75%
90%
63
6.0
HEALTH AND SAFETY
6.01
The CONTRACTOR shall supply at no cost to the worker when required by the work he/she is to
perform: new sweat bands, new liners, appropriate welding gloves, welding helmets, welding
and burning goggles, appropriate welding leathers (ie. Jackets, capes and/or sleeves), nonprescription safety glasses and leather faced gloves (unless special processes dictate
otherwise).
64
International Brotherhood of Boilermakers
Iron Ship Builders, Blacksmiths, Forgers, and Helpers and
Local Union 203
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Ba s i c
Hourl y Va ca ti on Hol i da y Hea l th &
Pa y
Pa y
Wel fa re
Tra de Cl a s s i fi ca ti on Ra te
Educa ti on Apprenti ce Na ti ona l
s hi p
Tra i ni ng
Pens i on Tra i ni ng
Audi o
Metri c
Tes ti ng
NL Hea l th
Fund
Benevol ent
Gros s
Hourl y
Pa cka ge
8%
4%
$34.74
$2.78
$1.39
$2.25
$7.50
$0.30
$0.20
$0.28
$0.03
$0.15
$0.25
$49.87
$33.64
$2.69
$1.35
$2.25
$7.50
$0.30
$0.20
$0.28
$0.03
$0.15
$0.25
$48.64
$32.29
$2.58
$1.29
$2.25
$7.50
$0.30
$0.20
$0.28
$0.03
$0.15
$0.25
$47.12
$30.59
$2.45
$1.22
$2.25
$7.50
$0.30
$0.20
$0.28
$0.03
$0.15
$0.25
$45.22
$22.94
$1.84
$0.92
$2.25
$7.50
$0.30
$0.20
$0.28
$0.03
$0.15
$0.25
$36.66
3rd Yea r - 90% of JP
$27.53
$2.20
$1.10
$2.25
$7.50
$0.30
$0.20
$0.28
$0.03
$0.15
$0.25
$41.79
2nd Yea r - 75% of JP
$22.94
$1.84
$0.92
$2.25
$7.50
$0.30
$0.20
$0.28
$0.03
$0.15
$0.25
$36.66
1s t Yea r - 60% of JP
$18.35
$1.47
$0.73
$2.25
$7.50
$0.30
$0.20
$0.28
$0.03
$0.15
$0.25
$31.51
Genera l Forepers on
+4.15 over JP
Forepers on
+3.05 over JP
As s i s ta nt Forpers on
+1.70 over JP
Journeypers on
Hel per
75% of JP
Apprentices
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
65
NON-DESTRUCTIVE TESTING SUPPLEMENT
TO BOILERMAKER TRADE APPENDIX
66
1.0
APPLICATION
1.01
This Trade Appendix Supplement shall apply to the following classifications:
Level II Technician
Level I Technician
Level II Magnetic and Liquid Penetrant
Trainee
1.02
These classifications shall perform all non-destructive testing which includes ultrasonics,
radiography, magnetic particle, dye penetrant and eddy currant, but does not include visual
inspection, destructive testing, or laboratory testing.
2.0
BENEFIT FUNDS
2.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule for
th
each hour earned. Payments shall be made no later than the 15 of the month following the
month in which the hours were earned.
2.02
Each payment shall be accompanied by a statement setting out the names of the workers in
respect of whom such payment is made, the amount paid in respect of each worker, and the
hours worked by each worker during the calendar month for which payment is being made.
2.03
Payments shall be made as follows:
a)
Health and Welfare
Address:
D.A. Townley & Associates Ltd.
#101 – 4190 Lougheed Hwy.
Burnaby, BC V5C 6A8
Cheque payable to: NDT Industry Health and Welfare Plan
b)
Pension
Address:
D.A. Townley & Associates Ltd.
#101 – 4190 Lougheed Hwy.
Burnaby, BC V5C 6A8
Cheque payable to: Quality Control Council of Canada Trust Funds
c)
Atlantic Region NDT Industry Training and Upgrading Fund
Address:
D.A. Townley & Associates Ltd.
#101 – 4190 Lougheed Hwy.
Burnaby, BC V5C 6A8
Cheque payable to: NDT Industry Training and Upgrading Fund
67
d)
e)
f)
Post Retirement Benefit Fund
Address:
D.A. Townley & Associates Ltd.
#101 – 4190 Lougheed Hwy.
Burnaby, BC V5C 6A8
Cheque payable to:
Post Retirement Benefit Fund
Canadian Building Trades Fund
Address:
Resource Development Trades Council of Newfoundland and
Labrador Industrial Fund
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL Health Care Fund
Address:
Resource Development Trades Council of Newfoundland and
Labrador Industrial Fund
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
3.0
VACATION AND RECOGNIZED HOLIDAY PAY
3.01
Payment for annual vacations and pay in lieu of recognized holidays shall be ten (10%) percent
of gross wages including over-time for all workers.
4.0
UNION DUES
4.01
Union Dues as per Article 8.00 shall be forwarded to:
Address:
Boilermakers Local 203
P.O. Box 250
Holyrood, NL A0A 2R0
68
Non-Destructive Testing (NDT) Supplement
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Trade Classification
Basic
Hourly
Rate
Vacation Holiday Pension
Pay
Pay
Plan
10%
Admin.
Fund
Post
Retirement
Industry
NL
Benefit
Training Health &
Health
Fund
Fund
Fund
Welfare
Gross
Hourly
Package
3%
Level II Technician
3 Certificates
$34.03
$3.40
$1.02
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$46.42
Less Than 3 Certificates
$32.32
$3.23
$0.97
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$44.49
2 Certificates
$28.11
$2.81
$0.84
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$39.73
Less Than 2 Certficates
$26.63
$2.66
$0.80
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$38.06
Level II Magnietic Particle &
Liquid Penetrant
$26.63
$2.66
$0.80
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$38.06
1 Certificate
$22.34
$2.23
$0.67
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$33.21
CEDO or Qualified Op
$22.34
$2.23
$0.67
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$33.21
with 1500 earned hours
with less than 1500
earned hours
$18.34
$1.83
$0.56
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$28.70
$15.91
$1.59
$0.48
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$25.95
Level 1 Technician
Trainee
Notes: The following shall be paid in addition to the above wage package
1. RDC Administration Fund - Contractor shall remit RDC Administration Fund ($0.30/ hour earned) as per Article 38.
2. HPEA Adminstration Fund - Contractor shall remit HPEA Administration Fund ($0.30/hour earned) as per Article 38.
3. Hebron Project Premium - Contractor shall pay Hebron Project Premium ($3.00/hour earned, paid quarterly) as per Article 41.
4. Designated Fund - Contractor shall send the following amounts to the Resource Development Trades Council
a. Contractor shall remit $0.25 per hour earned to the Health Care Foundation Fund as per Article 42 (In addition to NL Health Fund in table above).
b. Contractor shall remit $0.05 per hour earned to the Canadian Building Trades Fund as per Article 42.
5. QCCC Working Dues - Contractor shall remit working dues as an employee deduction (1.5% of gross pay) to the plan administrator (DA Townley &
Associates).
6. QCCC Monthly Dues - Contractor shall remit monthly dues as a deduction from the employee on the first paycheck issued each month
($35.00) to the plan administrator
69
TRADE APPENDIX
INTERNATIONAL UNION OF BRICKLAYERS
AND ALLIED CRAFTWORKERS
LOCAL UNION 1
70
1.0
APPLICATION
1.01
This Trade Appendix shall apply to the following:
Group 1:
General Foreperson
Foreperson
Refractory Foreperson
Refractory General Foreperson
Group 2:
Bricklayer
Precast Welder and Erector
Cement Finisher
Plasterer
Tile and Terrazzo Mechanic
Epoxy Applicator
Group 3:
Tile Helper
Masonry Helper
Group 4:
Caulker, Pointer, Cleaner
Brickpaver
Masonry Water Proofer
Group 5
Refractory Workers and Fireproofer
Group 6:
Refractory Helper
Apprentice
1.02
The Foreperson shall receive fifteen percent (15%) over the Journeyperson (Group 2) rate. A
General Foreperson shall receive twenty percent (20%) over the Journeyperson (Group 2) rate.
A Refractory Foreperson shall receive fifteen percent (15%) over the Refractory Journeyperson
(Group 5) rate. A Refractory General Foreperson shall receive twenty percent (20%) over the
Refractory Journeyperson (Group 5) rate.
When the twelfth (12) Journeyperson is hired, the second Foreperson shall be hired. After the
third Foreperson has been hired a General Foreperson shall also be hired.
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of recognized holidays shall be ten (10%) percent
of gross wages including over-time for all workers.
3.0
BENEFIT FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule for
th
each hour earned. Payments shall be made no later than the 15 of the month following the
month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers in
respect of whom such payment is made, the amount paid in respect of each worker, and the
hours worked by each worker during the calendar month for which payment is being made.
71
3.03
Payments shall be made as follows:
A. HEALTH AND WELFARE FUND
B.
C.
D.
E.
Address:
Atlantic Provinces Health and Welfare Trust Fund
1216 Sand Cove Road, Unit 32
Saint John, N.B. E2M 5V8
Cheque payable to:
Atlantic Provinces Health and Welfare Trust Fund
PENSION FUND
Address:
I.U. of B.A.C. Pension Fund
1216 Sand Cove Road, Unit 32
Saint John, N.B. E2M 5V8
Cheque payable to:
I.U. of B.A.C. Pension Fund
BAC INDUSTRY FUND
Address:
I.U. of B.A.C. Industry Fund
472C Logy Bay Road
St. John’s, NL A1A 1C6
Cheque payable to:
I.U. of B.A.C. Industry Fund
TRAINING FUND
Address:
I.U. of B.A.C. Training Fund
472C Logy Bay Road
St. John’s, NL A1A 1C6
Cheque payable to:
Training Fund
NL HEALTH CARE FUND
Address:
Resource Development Trades Council of Newfoundland and
Labrador Industrial Fund
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
UNION DUES
4.01
Subject to Article 8 of the Agreement, each CONTRACTOR shall deduct from the worker’s
wages the appropriate monthly dues, percentage and initiation fee as per the Union referral slip
each month.
72
4.02
These dues shall be forwarded to:
B.A.C. Local 1, NL
472C Logy Bay Road
St. John’s, NL A1A 1C6
4.03
Payment of dues shall be made not later than fifteen (15) days after the end of the calendar
month for which the dues were collected.
5.0
APPRENTICES
5.01
Apprentices shall become indentured as soon as possible under the provisions of the
Apprenticeship Act of the Province. The document of Indenture shall not conflict in any way with
the provisions of this agreement.
5.02
The probationary period for apprenticeship shall not exceed four (4) months from the time the
apprenticeship period started.
5.03
The Apprenticeship Standards for the trade of Bricklayers and Masonry, approved April 28,
1954, shall continue to remain in force and effect except where any provision of such Standards
may conflict with any provision of this agreement.
5.04
The CONTRACTOR shall maintain an apprenticeship ratio of a minimum of one (1) apprentice
to every four (4) journeyperson and a maximum of one (1) apprentice to every one (1)
journeyperson provided there are sufficient apprentices and/or journeyperson available.
5.05
Apprentices shall be given one-year credit for pre-job training at BAC Masonry College or any
Provincial Vocational School.
An apprentice shall not replace the mason’s helper.
Bricklayers Apprentices Pay
Apprentices shall receive the following percentage of a Bricklayer Journeyperson’s (Group 2)
rate:
First six months in the trades
Second six months in the trade
Third six months in the trade
Fourth six months in the trade
Fifth six months in the trade
Sixth six months in the trade
Seventh six months in the trade
Eighth six months in the trade
Full Journeyperson’s rate thereafter.
5.06
56%
62%
68%
74%
80%
85%
90%
95%
The third six month and thereafter shall be the percentages for the three year apprenticeship of a
cement mason.
Refractory Apprentices Pay
Refractory apprentices and apprentice-improvers shall receive the following percentage of a
Refractory Journeyperson’s (Group 5) rate:
73
0 – 1200 hours
1201 – 2400 hours
2401 – 3600 hours
3601 – 4800 hours
58%
68%
80%
92%
6.0
HEIGHT PAY
6.01
The premium above the regular hourly rate shall be paid to workers required to work at heights
under such conditions; temporary staging, scaffolding, tower like structures or structures with a
direct drop of (40) feet or more shall receive one dollar ($1.00).
6.02
Full time mixer operator and full time fork lift operator shall receive $1.00 over the masonry
helper rate.
7.0
TOOLS
7.01
Cement Finishers shall provide and maintain the following tools:
One 6’ tape
Hand floats-one wood, one metal
One 11” trowel
One hammer
One 14” trowel
One spirit level
One pointing trowel
One brush
One side edger
All tools to be in serviceable condition
7.02
Bricklayers shall provide and maintain the following tools:
1 Brick Trowel
1 Brick Hammer
1 Pointing Trowel
1 Brick Set
3 Jointers – ½”, ⅝”, ¾“
1 10’ Space rule
2 Slicks – ¼“and ½“
1 4’-0” Level
74
International Union of Bricklayers and Allied Craftworkers and Local 1
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Group 1 - General Foreperson
120% of JP rates (Group 2)
Group 1 - Foreperson
115% of JP rates (Group 2)
Group 1 - Refractory General Foreperson
120% of JP rates (Group 5)
Group 1 - Refractory Foreperson
115% of JP rates (Group 5)
Ba s i c
Hea l th &
Hourl y Va ca ti on Hol i da y Wel fa re Pens i on
Ra te
Benefi t
Pa y
Pa y
Pl a n
BAC
Indus try Tra i ni ng
Fund
Fund
NL
Hea l th
Fund
Gros s
Hourl y
Pa cka ge
8%
2%
$37.39
$2.99
$0.75
$1.90
$5.00
$1.00
$0.55
$0.25
$49.83
$35.83
$2.87
$0.72
$1.90
$5.00
$1.00
$0.55
$0.25
$48.12
$42.74
$3.42
$0.85
$1.90
$5.00
$1.00
$0.55
$0.25
$55.71
$40.96
$3.28
$0.82
$1.90
$5.00
$1.00
$0.55
$0.25
$53.76
Bricklayer Journeypersons
Group 2
$31.16
$2.49
$0.62
$1.90
$5.00
$1.00
$0.55
$0.25
$42.97
Group 3
$27.75
$2.22
$0.55
$1.90
$5.00
$1.00
$0.55
$0.25
$39.22
Group 4
$29.54
$2.36
$0.59
$1.90
$5.00
$1.00
$0.55
$0.25
$41.19
Group 5
$35.62
$2.85
$0.71
$1.90
$5.00
$1.00
$0.55
$0.25
$47.88
Group 6
$29.01
$2.32
$0.58
$1.90
$5.00
$1.00
$0.55
$0.25
$40.61
1st 6 months - 56% of Group 2
$17.45
$1.40
$0.35
$1.90
$5.00
$1.00
$0.55
$0.25
$27.90
2nd 6 months - 62% of Group 2
$19.32
$1.55
$0.39
$1.90
$5.00
$1.00
$0.55
$0.25
$29.96
3rd 6 months - 68% of Group 2
$21.19
$1.70
$0.42
$1.90
$5.00
$1.00
$0.55
$0.25
$32.01
4th 6 months - 74% of Group 2
$23.06
$1.84
$0.46
$1.90
$5.00
$1.00
$0.55
$0.25
$34.06
5th 6 months - 80% of Group 2
$24.93
$1.99
$0.50
$1.90
$5.00
$1.00
$0.55
$0.25
$36.12
6th 6 months - 85% of Group 2
$26.49
$2.12
$0.53
$1.90
$5.00
$1.00
$0.55
$0.25
$37.84
7th 6 months - 90% of Group 2
$28.04
$2.24
$0.56
$1.90
$5.00
$1.00
$0.55
$0.25
$39.54
8th 6 months - 95% of Group 2
$29.60
$2.37
$0.59
$1.90
$5.00
$1.00
$0.55
$0.25
$41.26
1st 1200 hours - 58% of Group 5
$20.66
$1.65
$0.41
$1.90
$5.00
$1.00
$0.55
$0.25
$31.42
2nd 1200 hours - 68% of Group 5
$24.22
$1.94
$0.48
$1.90
$5.00
$1.00
$0.55
$0.25
$35.34
3rd 1200 hours - 80% of Group 5
$28.50
$2.28
$0.57
$1.90
$5.00
$1.00
$0.55
$0.25
$40.05
4th 1200 hours - 92% of Group 5
$32.77
$2.62
$0.66
$1.90
$5.00
$1.00
$0.55
$0.25
$44.75
Refractory Journeypersons
Bricklayer Apprentices
Refractory Apprentices
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
75
TRADE APPENDIX
INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS AND
LOCAL UNION 125 A
76
1.0
APPLICATION
1.01
This Trade Appendix shall apply to the following:
Mechanic-in-Charge (Foreperson)
Mechanic
Improver Helper
Helper II
Helper I
Probationary Helper II
Probationary Helper I
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations shall be eight percent (8%) and pay in lieu of Recognized
Holidays shall be four percent (4%) of gross wages including overtime for all workers.
3.0
BENEFIT FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule
th
for each hour earned. Payments shall be made no later than the 15 of the month
following the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker,
and the hours worked by each worker during the calendar month for which payment is
being made.
3.03
Payments shall be made as follows:
A. WELFARE FUND
B.
C.
Address:
Manion Wilkins & Associates Ltd.
rd
222 Rowntree Dairy Rd., Unit 4, 3 Floor
Woodbridge, ON L4L 9T2
Cheque payable to:
The Canadian Elevator Industry Welfare Plan
PENSION FUND
Address:
Manion Wilkins & Associates Ltd.
rd
222 Rowntree Dairy Rd., Unit 4, 3 Floor
Woodbridge, ON L4L 9T2
Cheque payable to:
The Canadian Elevator Industry Pension Plan
BUILDING AND TRAINING FUND
Address:
Manion Wilkins & Associates Ltd.
rd
222 Rowntree Dairy Rd., Unit 4, 3 Floor
Woodbridge, ON L4L 9T2
Cheque payable to:
The Canadian Elevator Industry Education Plan
77
D.
E.
CANADIAN BUILDING TRADES FUND
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL HEALTH CARE FUND
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
UNION DUES
4.01
Union Dues as per Article 8.00 shall be forwarded to:
Address:
International Union of Elevator Constructors
Local 125 A
Suite 102, 14 McQuade Lake Cres.
Halifax, NS
B3S 1B6
5.0
APPRENTICES
5.01
It is agreed by the UNION that there shall be no restrictions placed on the character of
work which a Helper may perform under the direction of a Mechanic.
5.02
The total number of Helpers employed shall not exceed the number of Mechanics on any
one job. On jobs where two teams or more are working, one extra Helper may be
employed for the first two teams and an extra Helper may be engaged for each additional
three teams.
Further, the CONTRACTOR may use as many helpers as best suits his/her convenience
under the direction of a Mechanic in wrecking old plants, in handling and hoisting
material, and on foundation work. When removing old and installing new cables on
existing elevator installations, CONTRACTOR may use two (2) Helpers to one (1)
Mechanic.
6.0
MECHANIC-IN-CHARGE
6.01
When four (4) or more workers covered by this Trade Appendix, including the Mechanicin-Charge, are employed on a new construction or modernization job, the Mechanic-inCharge of the job shall have his/her hourly rate increased twelve and one-half percent
(12 ½%) for each hour worked.
When thirty (30) or more workers covered by this Trade Appendix are working on a job
site, the Mechanic-in-Charge of the job shall have his/her hourly rate increased fifteen
percent (15%) for each hour worked.
78
7.0
SPECIAL CONDITIONS
7.01
Tools - CONTRACTORS will supply all Power & Special tools necessary for the job.
7.02
Working gloves shall be provided as a tool crib item.
79
International Union of Elevator Constructors
and Local Union 125A
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Mecha ni c
Mecha ni c i n-cha rge (4 or more)
112.5% of Mecha ni c Ba s i c Ra te
Mecha ni c i n-Cha rge (30 or more)
115% of Mecha ni c Ba s i c Ra te
Proba ti ona ry Hel per 1
55% of Mecha ni c Ba s i c Ra te
Proba ti ona ry Hel per II
60% of Mecha ni c Ba s i c Ra te
Hel per I
70% of Mecha ni c Ba s i c Ra te
Hel per II
75% of Mecha ni c Ba s i c Ra te
Improver Hel per
80% of Mecha ni c Ba s i c Ra te
Ba s i c
Hourl y
Ra te
Hea l th &
Va ca ti on Hol i da y Wel fa re
Benefi t
Pa y
Pa y
Pens i on Educa ti on NL Hea l th
Pl a n
Fund
Fund
Gros s
Hourl y
Pa cka ge
8%
4%
$36.58
$2.93
$1.46
$1.18
$2.25
$0.31
$0.25
$44.96
$41.15
$3.29
$1.65
$1.18
$2.25
$0.31
$0.25
$50.08
$42.07
$3.37
$1.68
$1.18
$2.25
$0.31
$0.25
$51.11
$20.12
$1.61
$0.80
$1.18
$2.25
$0.31
$0.25
$26.52
$21.95
$1.76
$0.88
$1.18
$2.25
$0.31
$0.25
$28.58
$25.61
$2.05
$1.02
$1.18
$2.25
$0.31
$0.25
$32.67
$27.44
$2.20
$1.10
$1.18
$2.25
$0.31
$0.25
$34.73
$29.26
$2.34
$1.17
$1.18
$2.25
$0.31
$0.25
$36.76
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
80
TRADE APPENDIX
HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES
INTERNATIONAL AND HOTEL AND RESTAURANT WORKERS
LOCAL UNION 779
81
1.0
APPLICATION
Catering/Kitchen
Group 1:
Chef (General Foreperson)
Group 2:
1 Cook (Foreperson)
Group 3:
Meat Cutter, Baker & Foreperson
Group 4:
2 Cook, Service Attendant, Inventory Attendant & Front Desk Attendant
Group 5:
3 Cook, Baker’s Helper & Bartender
Group 6:
Salad/Sandwich Person and Commissary
Group 7:
* General Help
st
nd
rd
Catering/Dormitories
Group 3:
Foreperson
Group 7:
Camp Attendant/Housekeeping
Security
Group 1:
Crew Chief (General Foreperson)
Group 2:
Assistant Crew Chief (Foreperson)
Group 3:
Security Officer, Communications/Dispatch
Janitorial
Group 7:
**Janitor
*General Help shall include but not be limited to: Potwasher, Dishwasher, Waiter,
Waitress, Front Line Attendant and General Help.
**Janitors when assigned to kitchen or dormitories shall be under the direct supervision of
the appropriate Foreperson.
1.01
a)
Security Personnel Requirements: When three (3) workers have been
hired, one (1) shall be appointed as Assistant Crew Chief. When ten (10)
Workers have been hired, a second Assistant Crew Chief shall be appointed.
When nineteen (19) Workers have been hired, a Crew Chief shall be appointed.
b)
Catering: Each shift shall require a minimum of one (1) first cook (foreperson).
After the appointment of two (2) first cooks (foreperson), a Chef (General
Foreperson) shall be required.
82
c)
The appointment of second and third cooks shall be at the discretion of the
CONTRACTOR through consultation with the Union and shall be from the
General Members referred to the Project.
d)
Catering:
Kitchen: When three (3) workers have been hired (General Help) one (1) shall
be appointed as Foreperson. When ten (10) workers have been hired a second
foreperson shall be appointed. When nineteen (19) workers have been hired a
General Foreperson shall be appointed.
Camp Dormitories: when three (3) workers have been hired (General Help) one
(1) shall be appointed as Foreperson. When nineteen (19) workers have been
hired a General Foreperson shall be appointed.
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of Recognized Holidays shall be 13%
percent of gross wages (including overtime) for all workers.
3.0
HEALTH & WELFARE, PENSION, INDUSTRY AND TRAINING FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefits
th
Schedule for each hour earned. Payments shall be made no later than the 15 of the
month following the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker,
and the hours worked by each worker during the calendar month for which payment is
being made.
3.03
Payments shall be made as follows:
A.
Health and Welfare, Pension
Address:
Benefit Plan Administrators
7001 Mumford Road
Tower 1, Suite 216
Halifax, NS B3L 4N9
Cheque payable to: Benefit Plan Administrators
B.
Union Benefit Fund
Address:
Cheque payable to:
Hotel & Restaurant Workers, Local 779
P.O. Box 6142
St. John’s, NL A1C 5X8
Hotel & Restaurant Workers, Local 779
83
C.
3.04
NL Health Care Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
Union Dues
Union dues are per Article 8 shall be forwarded to:
Address:
Hotel & Restaurant Workers, Local 779
P.O. Box 6142
St. John’s, NL A1C 5X8
4.0
UNIFORMS
4.01
Security: Security personnel shall be provided with:
(1)
(2)
Summer clothing to consist of safety footwear, two ( 2 ) pants, three
(3) shirts, two (2) jackets and rain gear.
Winter clothing to consist of safety footwear, two (2) pants, three (3)
shirts, leather gloves, one (1) parka.
Uniforms shall have badges and decals clearly identifying security personnel.
Alterations shall be the responsibility of the CONTRACTOR.
4.02
Catering: All catering staff shall be supplied with:
Three (3) uniforms per worker (Kitchen, Whites) and (Camp Attendants Blues) and safety
footwear. Alterations shall be the responsibility of the CONTRACTOR.
5.0
HEALTH AND HYGIENE
5.01
All workers shall comply with the Health and Hygiene requirements of the Newfoundland
and Labrador Occupational Health and Safety Act.
6.0
BULLETIN BOARDS
6.01
The Union may use the Company Bulletin Board for notices of importance concerning
Union business. The Company agrees that it shall use the Bulletin Board for any
business concerning Union matters, such as layoffs, hiring and recall.
7.0
SPLIT SHIFTS
7.01
Workers working a split shift shall be paid a premium of two dollars and fifty cents $2.50
per hour for all hours worked.
84
7.02
Workers required to work in excess of twelve (12) hours from commencement of their
shift shall be paid overtime for all hours worked in excess of twelve (12) hours.
7.03
There shall be one (1) split only in a split shift.
7.04
The split shift premium is not to be included in the base hourly rate when computing
overtime.
8.0
SECURITY SPECIAL CONDITIONS
8.01
Notwithstanding Article 20 (Hours of Work, Shifts, Overtime and Terms of Payment) in
the Agreement, the Crew Chief Security, Assistant Crew Chief Security and Security
workers may work a schedule of seven (7) consecutive twelve (12) hour shifts and seven
(7) consecutive days off. The worker, when working this schedule, shall be paid one
hundred and eight (108) hours at his/her straight time hourly rate of pay for eighty-four
(84) hours worked. When working on this schedule, the worker is to be paid the first fiftyfour (54) hours in the week worked, and the other fifty-four (54) hours in his/her week off.
9.0
HIRING (SECURITY)
9.01
Notwithstanding Article 9 (Hiring) in the AGREEMENT, recruitment and selection of
workers in security related positions shall be as follows:
Any person employed in the classifications of Crew Chief Security, Assistant Crew Chief
Security and other Security positions shall be certified and/or qualified and be bondable.
It shall be a requirement of hiring any person into the Communications/Dispatch job title,
that person possess a Radio Operators Certificate issued by Industry Canada or be
otherwise qualified.
CONTRACTORS shall name hire all Crew Chief Security and Assistant Crew Chief
Security from the UNION’S general membership out of work list or promote from the
workers previously referred to the site from the general membership list.
10.0
LAYOFF
10.01
Layoffs shall occur in reverse order of the hiring. For greater clarity:
1) The last workers to be laid-off shall be from the General Membership List of the
UNION, Rehire after layoff shall be in the same order as initial hire, provided the
workers have the necessary qualifications.
2) Passive members shall be next for priority of layoff.
3) Applicant members shall be the last to be hired and the first to be laid-off.
Layoff and separation shall be in conformity with the Union Bylaws and as per Article 8
and Article 26 of the Project Agreement. Members shall be identified on the referrals,
their status in the Union.
85
Hotel Employees and Restaurant Employees
International Union and Local Union 779
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Trade Classification
Basic
Hourly
Rate
Vac & Hol
Pay
Health &
Welfare
Benefit
Pension
Plan
Union
Benefit
Fund
NL
Health
Fund
Gross
Hourly
Package
Catering/Kitchen
Group 1 - Chef (General Foreperson)
$31.42
$4.10
$3.00
$6.00
$2.42
$0.25
$47.19
Group 2 - 1st Cook (Foreperson)
$28.42
$3.71
$3.00
$6.00
$2.42
$0.25
$43.80
Group 3 - Baker, Meat Cutter & Foreperson
Group 4 - 2nd Cook, Inventory Attendant, Service
Attendant & Front Desk Attendant
$27.42
$3.58
$3.00
$6.00
$2.42
$0.25
$42.67
$26.42
$3.45
$3.00
$6.00
$2.42
$0.25
$41.54
Group 5 - 3rd Cook, Baker's Helper & Bartender
$25.92
$3.39
$3.00
$6.00
$2.42
$0.25
$40.98
Group 6 - Salad/Sandwich Person & Commissary
$25.42
$3.32
$3.00
$6.00
$2.42
$0.25
$40.41
Group 7 - *General Help
$24.42
$3.19
$3.00
$6.00
$2.42
$0.25
$39.28
$27.42
$3.58
$3.00
$6.00
$2.42
$0.25
$42.67
$24.42
$3.19
$3.00
$6.00
$2.42
$0.25
$39.28
Group 1 - Crew Chief (General Foreperson)
$30.42
$3.97
$3.00
$6.00
$2.42
$0.25
$46.06
Group 2 - Assistant Crew Chief (Foreperson)
$28.92
$3.78
$3.00
$6.00
$2.42
$0.25
$44.37
Group 3 - Security Officer, Communications/Dispatch
$27.42
$3.58
$3.00
$6.00
$2.42
$0.25
$42.67
$24.42
$3.19
$3.00
$6.00
$2.42
$0.25
$39.28
Catering/Dormitories
Group 3 - Foreperson
Group 7 - Camp Attendant Housekeeping
Security
Janitorial
Group 7 - Janitor
Notes: The following shall be paid in addition to the above wage package
1. RDC Administration Fund - Contractor shall remit RDC Administration Fund ($0.30/ hour earned) as per Article 38.
2. HPEA Administration Fund - Contractor shall remit HPEA Administration Fund ($0.30/hour earned) as per Article 38.
3. Hebron Project Premium - Contractor shall pay Hebron Project Premium ($3.00/hour earned, paid quarterly) as per Article 41.
4. Designated Fund - Contractor shall send the following amounts to the Resource Development Trades Council
a. Contractor shall remit $0.25 per hour earned to the Health Care Foundation Fund as per Article 42 (In addition to NL Health Fund in table above).
b. Contractor shall remit $0.05 per hour earned to the Canadian Building Trades Fund as per Article 42.
86
TRADE APPENDIX
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS AND
LOCAL UNION 1620
87
1.0
APPLICATION
1.01
This Trade Appendix shall apply to the following:
General Foreperson
Non-working Foreperson
Lead Lineperson
Journey (Lineperson and/or Cable Splicer)
Apprentices
Utility Worker
1.02
A lead lineperson is a journeyperson having charge of not more than four (4) other
tradespersons, whether journeypersons, ground persons, or apprentices, or not more
than twelve (12) utility workers. Only lead linepersons, journeypersons and/or
apprentice linepersons shall be allowed to frame poles on the ground.
A Foreperson shall be appointed when supervising more than four (4) other
tradespersons whether journeypersons, ground persons, or apprentices, or more than
twelve (12) utility workers. A Foreperson shall not work with the tools of the trade when
he/she supervises more than six (6) workers.
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of Recognized Holidays shall be thirteen
(13%) percent of gross wages including over-time for all workers, paid to the Union Office
on the15th of the following month, along with a list of names and amounts for each
worker to the Union Office address below.
Address:
IBEW Local 1620
67 LeMarchant Road
St. John’s, NL A1C 2G9
Cheque payable to: Vacation Pay Trust Fund
3.0
BENEFIT FUNDS
3.01
The Contractor shall remit the amounts in the attached Wage and Benefit Schedule for
th
each hour earned. Payments shall be made no later than the 15 of the month following
the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker
and the hours worked by each worker during the calendar month for which payment is
being made.
88
3.03
Payments shall be made to the following addresses:
A.
B.
C.
D.
Health and Welfare Fund
Address:
Benefit Plan Administrators
7001 Mumford Road
Suite 216
Halifax, NS B3L 4N9
Cheque payable to:
IBEW Local 1620 Health and Welfare Benefit Trust
Pension Fund
Address:
Benefit Plan Administrators
7001 Mumford Road
Suite 216
Halifax, NS B3L 4N9
Cheque payable to:
IBEW Local 1620 Pension Trust Fund
Training and Scholarship Fund
Address:
Benefit Plan Administrators
7001 Mumford Road
Suite 216
Halifax, NS B3L 4N9
Cheque payable to:
IBEW Local 1620 Training and Scholarship Fund
Stabilization Fund
Address:
IBEW Local 1620
67 LeMarchant Road
St. John’s, NL A1C 2G9
Cheque payable to: IBEW Local 1620 Stabilization Fund
E.
Canadian Building Trades Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
89
F.
NL Health Care Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
UNION DUES
4.01
Union Dues as per Article 8 shall be forwarded to the following address:
Address:
IBEW Local 1620
67 LeMarchant Road
St. John’s, NL A1C 2G9
5.0
APPRENTICES
5.01
The ratio of apprentices shall be a minimum of one (1) apprentice to every four (4)
journeypersons and a maximum of one (1) apprentice to every one (1) journeyperson on
all line construction crews where more than one (1) person is needed.
The
CONTRACTOR, where, possible, agrees to alternate apprentices from hotline to cold line
and vice-versa at least every three (3) months with a view to facilitating the training of
said apprentices.
5.02
Except in the interest of safety, as stated below, the ratio of apprentices on hot line crews
will be one (1) on every three (3) person truck and two (2) per truck on large crews
subject to clearance from Newfoundland Light and Power Company Limited and
Newfoundland and Labrador Hydro.
5.03
In the interest of safety, and in accordance with the Operating Lineperson’s Program of
Training, no first year apprentices will work on a hotline crew, no second year apprentices
will work with a hot line crew working above 300 volts. Third and fourth year apprentices
will work on live lines under the supervision of a qualified journeyperson.
5.04
The Employer agrees to cooperate to the fullest extent with any government instituted
Apprenticeship Training Plan including the granting of time off for yearly in school training
where requested by the worker or the Department of Human Resources, Labour and
Employment.
5.05
The Employer further agrees to endeavour to do all in their power to see that apprentices
are given the necessary work experience as outlined in the operating Linesperson’s
Course.
5.06
Apprentices who have attained a certificate in the linesperson’s pre-employment course
will be credited with six (6) months towards their apprenticeship (first year) and shall be
paid first year rate for the remaining six (6) months.
90
6.0
TOOLS
6.01
Workers will supply one each of the following tools:
Belt & Pole Strap
Hooks, Pads and Straps
10” Crescent Wrench
12” Crescent Wrench
Set Ratchet and Sockets (1/2” Drive)
Ball Peen Hammer (2 lbs.)
9” Klien Pliers
Hand Line **
Straight End Screwdriver (14”)
Skinning Knife
3’ Wooden Rule **
Non-Metallic Tape Measure**
Line Level
Brace and one Bit**
Spud Wrench (15/16”)
st
**-1 to be supplied by worker, all others supplied by CONTRACTOR
91
International Brotherhood of Electrical Workers and Local Union 1620
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Ba s i c
Hourl y
Ra te
Va ca ti on Hol i da y Hea l th & Pens i on Tra i ni ng &
Pa y
Pa y
Schol a rs hi p
Wel fa re
Pl a n
Sta b.
Fund
NL Hea l th
Ca re
Fund
Gros s
Hourl y
Pa cka ge
10%
3%
$33.65
$3.37
$1.01
$1.00
$2.11
$0.25
$1.00
$0.25
$42.64
$30.99
$3.10
$0.93
$1.00
$2.11
$0.25
$1.00
$0.25
$39.63
$30.47
$3.05
$0.91
$1.00
$2.11
$0.25
$1.00
$0.25
$39.04
$23.64
$2.36
$0.72
$1.00
$2.11
$0.25
$1.00
$0.25
$31.33
$29.78
$2.98
$0.89
$1.00
$2.11
$0.25
$1.00
$0.25
$38.26
1s t Yea r - 55% of JP
$16.38
$1.64
$0.49
$1.00
$2.11
$0.25
$1.00
$0.25
$23.12
2nd Yea r - 64% of JP
$19.06
$1.91
$0.57
$1.00
$2.11
$0.25
$1.00
$0.25
$26.15
3rd Yea r - 73% of JP
$21.74
$2.17
$0.65
$1.00
$2.11
$0.25
$1.00
$0.25
$29.17
4th Yea r - 82% of JP
$24.42
$2.44
$0.73
$1.00
$2.11
$0.25
$1.00
$0.25
$32.20
Genera l Forepers on
+3.87 over JP ra te
Non-Worki ng Forepers on
+1.21 over JP ra te
Lea d Li nepers on
+.69 over JP ra te
Uti l i ty Worker
Journey (Li nes pers on
a nd/or Ca bl e Spl i cer)
Apprentices
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
92
TRADE APPENDIX
INTERNATIONAL BROTHERHOOD OF THE ELECTRICAL WORKERS
AND LOCAL UNION 2330
93
1.0
APPLICATION
1.01
This trade appendix shall apply to the following trade classifications:
Apprentice
Journeyperson (including Instrument Technicians)
Electrician Welder and Welder
Working Foreperson
Non-Working Foreperson
General Foreperson
1.02
On any job where there are less than ten (10) workers and the job warrants, one (1)
Journeyperson shall be appointed Working Foreperson.
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
The CONTRACTOR shall pay each worker 10% of earnings based on gross pay as
vacation pay and 3% of earnings based on gross pay as Recognized Holiday pay.
3.0
BENEFIT FUNDS
3.01
Each CONTRACTOR shall contribute the amounts stated in the attached Wage and
th
Benefit Schedule for each hour earned. Payments shall be made no later than the 15 of
the month following the month in which the hours were earned. Income Tax to be
deducted weekly as part of gross earnings.
3.02
Vacation Pay and Holiday Pay shall be deducted weekly and shall be paid to the union
office once a month to the following address
Address:
IBEW Local 2330
1082 Thorburn Road
Portugal Cove
St. Phillip’s, NL A1M 148
Cheque payable to: IBEW Local 2330 Vacation and Holiday Pay Fund
3.03
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker,
and the hours worked by each worker during the calendar month for which payment is
being made.
3.04
Payments shall be made as follows:
A.
Health and Welfare Fund
Address:
Cheque payable to:
Benefit Plan Administrators
7001 Mumford Road
Tower 2, Suite 3004
Halifax, NS B3L 4R3
IBEW Local 2330 Health and Welfare Fund
94
B.
C.
D.
Pension Fund
Address:
Benefit Plan Administrators
7001 Mumford Road
Tower 2, Suite 3004
Halifax, NS B3L 4R3
Cheque payable to:
IBEW Local 2330 Pension Benefit Fund
Trade Improvement Fund
Address:
IBEW Local 2330
1082 Thorburn Road
Portugal Cove
St. Phillip’s, NL A1M 148
Cheque payable to:
IBEW Local 2330 Trade Improvement Fund
Membership Development Fund
Address:
Cheque payable to:
E.
Cheque payable to:
G.
IBEW Local 2330 Membership Development Fund
Advancment Fund
Address:
F.
IBEW Local 2330
1082 Thorburn Road
Portugal Cove
St. Phillip’s, NL A1M 148
IBEW Local 2330
1082 Thorburn Road
Portugal Cove
St. Phillip’s, NL A1M 148
IBEW Local 2330 Advancement Fund
Canadian Building Trades Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL Health Care Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
95
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
UNION DUES
4.01
Each CONTRACTOR shall deduct from the worker’s wages the appropriate monthly
dues, percentage and initiation fee as stipulated under Article 8 of the Agreement.
4.02
These dues will be forwarded to:
Address:
IBEW Local 2330
1082 Thorburn Road
Portugal Cove
St. Phillip’s, NL A1M 1V8
4.03
Payment of dues shall be made not later than fifteen (15) days after the end of the
calendar month for which the dues were collected.
5.0
GENERAL
5.01
Only workers who have been instructed in the proper use of explosive actuated tools will
be permitted to use them, and no worker shall be discriminated against for refusing to
use such tools.
5.02
First and second year apprentices shall not be permitted to use explosive actuated tools.
5.03
There shall be two (2) journeypersons assigned to work on energized circuits of 220 volts
or over, when circuits cannot be de-energized or where there is no obvious danger.
6.0
APPRENTICES
6.01
The employment of apprentices shall be in accordance with the Apprenticeship Act and
Regulations and Amendments thereto. The CONTRACTOR shall maintain an equal
number of each class of apprentices in his/her employ. Hiring of new apprentices shall
be done (Subject to Section 7) in accordance with maintaining the equal number of each
class of apprentice.
6.02
If a CONTRACTOR lays off a third or fourth year apprentice he/she shall not be replaced
by a second or third year apprentice while there are third or fourth year apprentices
unemployed.
6.03
The maximum number of apprentices employed by a CONTRACTOR shall be a
maximum of one apprentice for each journeyperson.
6.04
First, second and third year apprentices shall work under the direct supervision of a
journeyperson, fourth year apprentice shall not supervise any other apprentice.
6.05
An apprentice shall not be used as a storeroom person, warehouseperson or truck driver
for a continuous period of more than two (2) months.
6.06
Apprentice Rate of Pay:
The rates for apprentice will be as follows:
First year
60% of journeyperson’s Hourly Rate
96
Second year
Third year
Fourth year
70% of journeyperson’s Hourly Rate
80% of journeyperson’s Hourly Rate
90% of journeyperson’s Hourly Rate
7.0
RATES OF PAY
7.01
The Working Foreperson’s rate of pay shall be 10% above a Journeyperson’s hourly rate
of pay.
The Non-working Foreperson’s rate of pay shall be 15% above a
Journeyperson’s hourly rate of pay. The General Foreperson’s rate of pay shall be 20%
above a Journeyperson’s hourly rate of pay.
7.02
Apprentice Electricians/Electricians performing welding shall receive 10% above the
Journeyperson’s hourly rate of pay.
8.0
HEIGHT PAY
8.01
Workers required to work on smoke stacks, structural steel, towers, from a bosun’s chair
or bucket, staging, or other areas which are fifteen (15) to thirty (30) meters shall receive
an additional ten (10%) of his/her straight basic hourly rate while on such work. If over
thirty (30) meters, the pay will be one and one half times the straight basic hourly rate
while on such work.
8.02
The height shall be measured from the workers standing or sitting surface position while
working, to the first permanent floor, planked in floor, formed in surface or metal deck or
to the ground, whichever is higher. Height pay shall be paid in no less than one (1) hour
increments.
9.0
TOOLS
9.01
Journeyperson shall be required to have:
1
1
1
1
1
1
1
1
1
1
9.02
Flashlight
6’’ Level
Flat Blade Screwdriver
Phillips Head Screwdriver #8
Robertson No. 6
Robertson No. 10
Set of Channellocks
Needle Nose Pliers
Toolbox or Carry Bag
Basic Wire Stripper
(#12 Conductor or Less)
1
1
1
1
1
1
1
1
1
Hacksaw Frame
¾” X 16 Measuring Tape
Phillips Head Screwdriver #6
Phillips Head Screwdriver #10
Robertson No. 8
6” Adjustable Wrench
8” Linesmen Pliers
Knife
Hexagon Wrenches (Allen)
Apprentices shall supply themselves with the following basic tools for each year and be in
possession of a complete list of tools upon becoming a journeyperson:
FIRST YEAR – BASIC TOOLS
1
1
1
1
1
8” Pliers
Tool Box or Carrying Bag
Tape, 10’ minimum
Robertson No. 8
Straight Head Screwdrivers
1
1
1
1
97
Channellocks
Knife
Robertson No. 6
Robertson No. 10
SECOND YEAR – ADDITIONAL TOOLS
1
Hacksaw Frame
THIRD YEAR – ADDITIONAL TOOLS
1
1
1
Basic Wire Stripper
(#12 Conductor or Less)
Needle Nose Pliers
Phillips Head Screwdriver #8
1
1
1
Phillips Head Screwdriver #6
Phillips Head Screwdriver #10
6” Adjustable Wrench
1
Hexagon Wrenches (Allen)
FOURTH YEAR – ADDITIONAL TOOLS
1
9.03
Flashlight
The CONTRACTOR shall furnish all other necessary tools or equipment. Workers will be
held responsible for the tools issued to them provided the CONTRACTOR furnishes the
necessary lockers, gang boxes or other safe places for storage.
98
International Brotherhood of Electrical Workers and
Local Union 2330
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Trade Classification
General Foreperson
JP Basic Rate +20%
Non-Working Forperson
JP Basic Rate +15%
Working Foreperson
JP Basic Rate +10%
Basic
Hourly
Rate
Vacation Holiday Health &
Pay
Pay
Welfare
Trade
Member
Improvement Develop
Fund
Fund
Pension
Advancement NL Health
Fund
Fund
Gross
Hourly
Package
10%
3%
$37.85
$3.79
$1.14
$2.00
$5.95
$0.14
$0.40
$0.31
$0.25
$51.83
$36.27
$3.63
$1.09
$2.00
$5.95
$0.14
$0.40
$0.31
$0.25
$50.04
$34.69
$3.47
$1.04
$2.00
$5.95
$0.14
$0.40
$0.31
$0.25
$48.25
Apprentice/Journeyman
Electrician Welder/Welder
JP Basic Rate +10%
$34.69
$3.47
$1.04
$2.00
$5.95
$0.14
$0.40
$0.31
$0.25
$48.25
Journeyperson
$31.54
$3.15
$0.95
$2.00
$5.95
$0.14
$0.40
$0.31
$0.25
$44.69
1st Year - 60% of JP Rate
$18.92
$1.89
$0.57
$2.00
$5.95
$0.14
$0.40
$0.31
$0.25
$30.43
2nd Year - 70% of JP Rate
$22.08
$2.21
$0.66
$2.00
$5.95
$0.14
$0.40
$0.31
$0.25
$34.00
3rd Year - 80% of JP Rate
$25.23
$2.52
$0.76
$2.00
$5.95
$0.14
$0.40
$0.31
$0.25
$37.56
4th Year - 90% of JP Rate
$28.39
$2.84
$0.85
$2.00
$5.95
$0.14
$0.40
$0.31
$0.25
$41.13
Apprentices
Notes: The following shall be paid in addition to the above wage package
1. RDC Administration Fund - Contractor shall remit RDC Administration Fund ($0.30/ hour earned) as per Article 38.
2. HPEA Administration Fund - Contractor shall remit HPEA Administration Fund ($0.30/hour earned) as per Article 38.
3. Hebron Project Premium - Contractor shall pay Hebron Project Premium ($3.00/hour earned, paid quarterly) as per Article 41.
4. Designated Fund - Contractor shall send the following amounts to the Resource Development Trades Council
a. Contractor shall remit $0.25 per hour earned to the Health Care Foundation Fund as per Article 42 (In addition to NL Health Fund in table above).
b. Contractor shall remit $0.05 per hour earned to the Canadian Building Trades Fund as per Article 42.
99
TRADE APPENDIX
INTERNATIONAL ASSOCIATION OF HEAT AND
FROST INSULATORS AND ALLIED WORKERS AND
LOCAL UNION 137
100
1.0
APPLICATION
Apprentice
Journeyperson Mechanic
Working Foreperson
Non-working Foreperson
General Foreperson
1.02
The following ratios and rates of pay for supervision shall be applied:
Total Workers Required
(Not including Foreperson)
1-4
5 - 10
11 - 20
21 - 30
1 Working Foreperson
1 Non-working Foreperson
2 Non-working Foreperson
3 Non-working Foreperson
General Forepersons, as per Article 9.05.
Supervisor Pay Rate
Working Foreperson (up to 4 workers): $0.60 over Journeyperson Mechanic Rate
Non-working Foreperson:
$1.55 over Journeyperson Mechanic Rate
General Foreperson:
$3.80 over Journeyperson Mechanic Rate
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of Recognized Holidays shall be 13%
percent of gross wages including overtime for all workers.
3.0
BENEFIT FUNDS
3.01
The Contractor shall remit the amounts in the attached Wage and Benefit Schedule for
th
each hour earned. Payments shall be made no later than the 15 of the month following
the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the
workers in respect of whom such payment is made, the amount paid in respect of each
worker, and the hours worked by each worker during the calendar month for which
payment is being made.
3.03
Payments shall be made as follows:
A.
Health and Welfare Fund
Address:
Benefit Plan Administrators
7001 Mumford Road
Tower 1, Suite 216
Halifax, NS B3L 4N9
Cheque payable to: Heat and Frost Local 137 Trust Fund
101
B.
Training Fund
Address:
Benefit Plan Administrators
7001 Mumford Road
Tower 1, Suite 216
Halifax, NS B3L 4N9
Cheque payable to: Heat and Frost Local 137 Trust Fund
C.
Multiple Benefit Fund
Address:
Heat and Frost Local 137
P.O. Box 100
Harbour Grace, NL A0A 2M0
Cheque payable to: Heat and Frost Local 137
D.
Pension Fund
Address:
Benefit Plan Administrators
7001 Mumford Road
Tower 1, Suite 216
Halifax, NS B3L 4N9
Cheque payable to: Heat and Frost Local 137 Trust Fund
E.
Canadian Building Trades Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
F.
Canadian Building Trades Fund
NL Health Care Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
102
4.0
UNION DUES
4.01
Union Dues as per Article 8 shall be forwarded to:
Address:
5.0
TOOLS
5.01
All Journeyperson, 3
following tools:
Heat and Frost Local 137
P.O. Box 100
Harbour Grace, NL A0A 2M0
rd
Float Trowel
Pointer Trowel
Knife
Pliers
Pruning Saw
Rule or Steel Tape
Scissors
st
1 and 2
nd
th
and 4
year Apprentices shall carry a tool box containing the
Tinsnips
Punch
Hammer
Screwdriver
M1 or M2 Metal Cutter
Safety Goggles
Pop Riveting Tools
year Apprentices:
Knife
Measuring Tape
Pliers
Scissors
Tinsnips
5.02
Workers shall be furnished with tools on all foam glass jobs and cutting tools for stainless
steel complete with storage box. When required, the CONTRACTOR shall also furnish
banding and sealing tools.
6.0
APPRENTICES
6.01
During the life of this agreement, the ratio shall be a minimum of four (4) Journeyperson
to one (1) Apprentice. The maximum ratio of Journeyperson to Apprentices shall be one
(1) to one (1). In special cases where the Union has given permission or has supplied
Apprentices when unable to supply Journeypersons, the CONTRACTOR agrees upon 48
hours’ notice to replace Apprentices with Journeyperson.
6.02
The following Apprentice pay rates shall be in effect for the term of this Agreement:
st
1 Year Apprentice 60% of Journeyperson Mechanic Rate
nd
2 Year Apprentice 70% of Journeyperson Mechanic Rate
rd
3 Year Apprentice 80% of Journeyperson Mechanic Rate
th
4 Year Apprentice 90% of Journeyperson Mechanic Rate
7.0
OTHER CONDITIONS
7.01
Workers working in conditions where there is a possibility of a free fall drop shall be paid
the following premium:
Over 40 feet
$1.00 per hour
103
International Association of Heat and Frost Insulators
and Allied Workers and
Local Union 137
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Genera l Forepers on
+3.80 over JP
Forepers on
+1.55 over JP
Worki ng Forepers on
+0.60 over JP
Journeypers on Mecha ni c
Ba s i c
Hourl y
Ra te
Va ca ti on Hol i da y
Pa y
Pa y
Pens i on
Hea l th & Tra i ni ng
Wel fa re
Fund
Mul ti Benefi t
Fund
NL Hea l th
Fund
Gros s
Hourl y
Pa cka ge
10%
3%
$34.98
$3.50
$1.05
$4.75
$2.05
$0.25
$0.25
$0.25
$47.08
$32.73
$3.27
$0.98
$4.75
$2.05
$0.25
$0.25
$0.25
$44.53
$31.78
$3.18
$0.95
$4.75
$2.05
$0.25
$0.25
$0.25
$43.46
$31.18
$3.12
$0.94
$4.75
$2.05
$0.25
$0.25
$0.25
$42.79
Apprentices
1s t Yea r - 60% of JP
$18.71
$1.87
$0.56
$4.75
$2.05
$0.25
$0.25
$0.25
$28.69
2nd Yea r - 70% of JP
$21.83
$2.18
$0.65
$4.75
$2.05
$0.25
$0.25
$0.25
$32.21
3rd Yea r - 80% of JP
$24.94
$2.49
$0.75
$4.75
$2.05
$0.25
$0.25
$0.25
$35.73
4th Yea r - 90% of JP
$28.06
$2.81
$0.84
$4.75
$2.05
$0.25
$0.25
$0.25
$39.26
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
104
TRADE APPENDIX
INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL,
ORNAMENTAL AND REINFORCING IRONWORKERS AND
LOCAL UNION 764
105
1.0
APPLICATION
1.01
This Trade Appendix shall apply to the following:
Structural:
Welders
Apprentices
Journeyperson
Riggers
Connectors
Non-Working Foreperson
Non-Working General Foreperson
Pre-heat / Post-heat
Rodperson:
Welders
Apprentices
Riggers
Journeyperson
Non-Working Foreperson
Non-Working General Foreperson
Post-tensioning
1.02
When two (2) or more workers are employed, one (1) shall be selected by the
CONTRACTOR to act as Foreperson and receive wages as set forth in this appendix.
When there are three (3) Forepersons supervising crews, a General Foreperson shall be
appointed and receive wages as set forth in this appendix.
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of Recognized Holidays shall be thirteen
and one half (13.5 %) percent of gross wages including overtime for all workers.
3.0
BENEFITS FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule
th
for each hour earned. Payments shall be made no later than the 15 of the month
following the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker,
and the hours worked by each worker during the calendar month for which payment is
being made.
3.03
Payments shall be made as follows:
A.
Health and Welfare Fund
Address:
Manion Wilkins and Associates
rd
222 Rowntree Dairy Road, 3 Floor
Woodbridge, ON L4L 9T2
106
Cheque payable to: Trustees of Ironworkers Local Union 764 B.T.
B.
Pension Fund
Address:
Manion Wilkins and Associates
rd
222 Rowntree Dairy Road, 3 Floor
Woodbridge, ON L4L 9T2
Cheque payable to: Trustees of Ironworkers Local Union 764 B.T.
C.
Trade Promotion Fund
Address:
Business Manager, F.S.T.
Ironworkers Local Union 764
38 Sagona Avenue
Donavan’s Industrial Park
Mount Pearl, NL A1N 4R3
Cheque payable to: Trustees of Ironworkers Local Union 764
D.
Trade Improvement Fund
Address:
Business Manager, F.S.T.
Ironworkers Local Union 764
38 Sagona Avenue
Donavan’s Industrial Park
Mount Pearl, NL A1N 4R3
Cheque payable to: Trustees of Ironworkers Local Union 764
E.
Welding Testing Fund
Address:
Business Manager, F.S.T.
Ironworkers Local Union 764
38 Sagona Avenue
Donavan’s Industrial Park
Mount Pearl, NL A1N 4R3
Cheque payable to: Trustees of Ironworkers Local Union 764
F.
Apprentice Training
Address:
Business Manager, F.S.T.
Ironworkers Local Union 764
38 Sagona Avenue
Donavan’s Industrial Park
Mount Pearl, NL A1N 4R3
Cheque payable to: Trustees of Ironworkers Local Union 764
107
G.
I.I.I.
Address:
Business Manager, F.S.T.
Ironworkers Local Union 764
38 Sagona Avenue
Donavan’s Industrial Park
Mount Pearl, NL A1N 4R3
Cheque payable to: Trustees of Ironworkers Local Union 764
H.
I.
Canadian Building Trades Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL Health Care Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
UNION DUES AND FIELD DUES
4.01
Union Dues are per Article 8 shall be forwarded to:
Address:
Business Manager, F.S.T.
Ironworkers Local Union 764
38 Sagona Avenue
Donavan’s Industrial Park
Mount Pearl, NL A1N 4R3
108
5.0
APPRENTICES
5.01
There shall be a minimum of one (1) apprentice for each four (4) journeyperson on all
work and a maximum of one (1) apprentice for each two (2) journeyperson.
5.02
It is agreed by all parties to this agreement that the ratio of Apprentices to Journeyperson
as set forth in this article is being allowed in order to obtain more Journeyperson
Ironworkers at a faster rate in order to meet the needs of the industry and to maintain the
jurisdiction of Ironworkers Local 764.
5.03
It is further agreed that when enough Journeyperson Ironworkers are obtained to meet
the needs of the industry and to maintain the jurisdiction of Ironworkers Local 764, the
ratio of Apprentices to Journeyperson shall as of that date be as set in the General
Working Rules of the International Association of Bridge, Structural, Ornamental and
Reinforcing Ironworkers.
5.04
Where Apprentices are employed, the CONTRACTOR shall pay wages in accordance
with this Agreement, and will not be compelled, under any circumstances, to pay the
Journeyperson rate of pay.
However, the Union recognizes the fact that the
CONTRACTOR may increase the rate of pay at its own discretion. When the Apprentice
has completed his/her four thousand (4000) hour program, he/she shall appear before
the examining board of the Local Union and be required to pass a test before receiving is
Journeyperson Ironworkers card.
6.0
TOOLS
6.01
Workers shall furnish, for their own use, standard hand tools to enable them to effectively
perform their work.
7.0
HEALTH AND SAFETY
7.01
Every worker shall, as a condition of employment, own and wear suitable protective
footwear and other personal equipment required in the normal course of his/her duties.
On abnormally dirty or corrosive work, suitable coveralls, rubber gloves and rubber boots
shall be provided when necessary; (not to include normal re-bar work), but including post
tensioning and pre-stressing work.
7.02
Safety Harness and Double Lanyard with shock absorbers shall be signed for by worker
and if not returned, then the worker shall pay the cost for the same.
7.03
On multi-storied erection projects, and on floors where workers are required to work, not
more than two (2) floors or a distance of thirty (30) feet shall remain uncovered without
suitable planking, decking or netting that is properly secured. The perimeter of the
working floors shall have protection consisting of wire rope.
7.04
Stiffening and Supporting Working Load Points: Where iron is landed on the floor or any
point of a structure under construction all connections shall be fully fitted and tightened
and substantial supports provided to safely sustain such added weight.
7.05
Riding The Load Fall: No worker shall be permitted to ride the load. Riding the load fall
shall not be allowed except for emergency reasons as determined by the Foreperson and
not more than two (2) workers any one time.
109
7.06
Slings: Steel cable will be used instead of chains or hemp slings. Slings using a ferruled
eye instead of an open sliced eye shall have a Flemish splice in the eye with the ferrule.
All slings shall be inspected weekly and slings with wires broken or cut off shall be
destroyed by cutting in two (2) pieces. When floats or suspended scaffolds are used by
workers using torches or welding equipment, fiber rope shall not be used to suspend
such floats. Wire rope with a minimum 3/8” diameter shall be used.
7.07
Protection of Signal Devices: Proper practical safe housing, casing or tube shall be
provided for any and every means, method, appliance or equipment to transit or give
signals, directing work or operation or any and various devices in connection with work
being done by workers.
7.08
Overhead Crane Protection: No worker shall be permitted to work on cranes rails unless
safety provisions are taken regarding hot rails or crane operation while work is being
performed.
7.09
Operational Equipment: To properly secure any or all operational controls two (2) key
type locking devices shall be used. Such keys shall be divided between operating
management and the Foreperson supervising the crew.
7.10
Blind Lifts: When the vision of worker is impaired during the course of erection or
hoisting of materials, and an adequate audio signal device is not available, an extra
worker shall be employed to act as a signalperson.
8.0
IRONWORKERS REQUIRED ON CRANES AND DERRICKS
8.01
No less than six (6) workers and a Foreperson shall be employed around any guy or stiff
leg derrick used on steel erection. On all mobile or power operated rigs of any description
utilized for heavy steel erection in the construction of a building, no less than four (4)
workers and a Foreperson shall be employed (this article is not applicable to boom
trucks).
9.0
HEIGHT PAY
9.01
The premium above the regular hourly rate shall be paid to workers required to work at
heights under such conditions; temporary staging, scaffolding, tower like structures or
structures with a direct drop of (40) feet or more shall receive one dollar ($1.00).
10.0
SPECIAL CONDITIONS
10.01
Post Tensioning and Slip Forming CONTRACTORS.
The GBS project will require work in both Post Tensioning and Slip Forming. The
CONTRACTORS performing this work will be responsible for its quality and may require
that they bring a limited number of Key Employees with them to perform the work
Involved. Those Key Employees would ensure that the knowledge to perform the specific
functions deemed to be special to the work will be made available to the local work force.
All employees, except for Key Employees and supervisory personnel working on those
portions of the work, will be employees
covered under the terms and conditions of the AGREEMENT. The CONTRACTOR will
advise the Union Involved of those Key Employees at the
Pre-Job Conference.
110
For Key Employees performing hands-on work, the CONTRACTOR shall pay the
following:
a) One hundred dollars ($100.00) per month per employee In respect of Union dues,
which shall be paid In the manner prescribed In Section 4.0 above;
b) Health and Welfare, Pension and Educational Training Funds, In the manner
prescribed in Section 3.0 above; and
c)
Project Agreement Administration Fund as prescribed in Article 38.01 of the
AGREEMENT.
111
International Association of Bridge, Structural,
Ornamental and Reinformcing Ironworkers and
Local Union 764
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Trade Classification
Basic
Health &
Apprentice Trade Welding
Hourly Vacation Holiday Welfare Pension Training Improve Testing
Pay
Pay
Benefit
Plan
Fund
Fund
Rate
Fund
I.I.I.
Fund
Trade &
Promot.
Fund
NL
Health
Fund
Gross
Hourly
Package
10%
3.50%
$37.09
$3.71
$1.30
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$50.64
$35.55
$3.56
$1.24
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$48.89
$31.81
$3.18
$1.12
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$44.65
$30.91
$3.09
$1.08
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$43.62
1st 1000 hours - 70% of JP
$21.64
$2.16
$0.76
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$33.10
2nd 1000 hours - 80% of JP
$24.73
$2.47
$0.87
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$36.61
3rd 1000 hours - 90% of JP
$27.82
$2.78
$0.97
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$40.11
4th 1000 hours - 95% of JP
$29.36
$2.94
$1.03
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$41.87
Rodperson (Rebar)
General Foreperson
+20% over JP Rate
Foreperson
+15% over JP Rate
$35.69
$3.57
$1.25
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$49.05
$34.20
$3.42
$1.20
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$47.36
Journeyperson
$29.74
$2.97
$1.05
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$42.30
1st 1000 hours - 70% of JP
$20.82
$2.08
$0.73
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$32.17
2nd 1000 hours - 80% of JP
$23.79
$2.38
$0.83
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$35.54
3rd 1000 hours - 90% of JP
$26.77
$2.68
$0.94
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$38.93
4th 1000 hours - 95% of JP
$28.25
$2.83
$0.99
$1.81
$5.00
$0.12
$0.20
$0.15
$0.01
$1.00
$0.25
$40.61
Structural
General Foreperson
+20% over JP Rate
Foreperson
+15% over JP Rate
Connectors
Journeyperson
Apprentices
Apprentices
Notes: The following shall be paid in addition to the above wage package
1. RDC Administration Fund - Contractor shall remit RDC Administration Fund ($0.30/ hour earned) as per Article 38.
2. HPEA Administration Fund - Contractor shall remit HPEA Administration Fund ($0.30/hour earned) as per Article 38.
3. Hebron Project Premium - Contractor shall pay Hebron Project Premium ($3.00/hour earned, paid quarterly) as per Article 41.
4. Designated Fund - Contractor shall send the following amounts to the Resource Development Trades Council
a. Contractor shall remit $0.25 per hour earned to the Health Care Foundation Fund as per Article 42 (In addition to NL Health Fund in table above).
b. Contractor shall remit $0.05 per hour earned to the Canadian Building Trades Fund as per Article 42.
112
TRADE APPENDIX
LABOURERS’ INTERNATIONAL UNION OF NORTH AMERICA
AND THE CONSTRUCTION AND GENERAL LABOURERS’
UNION, ROCK AND TUNNEL WORKERS AND
LOCAL UNION 1208
113
1.0
APPLICATION
Class 1:
General Labourer
Tamper Compactor
Store & Crib Attendant
Grouter
Rodperson on Survey
Chaulker
Pump person
Spotter
Power Saw Operator
Brush Cutter
Powderperson Helper
Heaters & Fuel Attendant
Electric / Air Chipping Tool
Sandblasting, Masonry & Concrete
Pickup and Service Vehicle
Grinder Operator
Class 2:
Signal & Flagperson
Trades Helper
Class 3:
Motorized Buggie
Checker
Mortar Mixer
Compressor Operator
Mason Tender
Class 4:
Time Keeper / Office Clerk
Class 5:
Vibrator Operator
Jack Hammer Driller
Breaker
Class 6:
Wagon & Air Track Drill Operator
Drill Doctor
Class 7:
Driller / Blaster
Powderperson
Class 8:
Diamond & Rotary Drill
Hoist Operator
Air Tugger
Class 9:
Pipelayer
Class 10:
Cement Patcher & Rubber
Class 11:
Cement Finisher
Class 12:
Geomatic Technician (Surveyor)
114
1.02
The Rate of Pay for Forepersons and General Forepersons shall be:
Non-working Foreperson
General Foreperson
$1.75 over his/her classification
$2.50 over his/her classification
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of recognized holidays shall be (13%)
percent of gross wages including overtime for all workers.
3.0
BENEFITS FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefits
th
Schedule for each hour earned. Payments shall be made no later than the 15 of the
month following the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker,
and the hours worked by each worker during the calendar month for which payment is
being made.
3.03
Payments shall be made as follows:
A.
Health and Welfare Fund
Address:
Benefit Plan Administrators
7001 Mumford Road
Tower 1, suite 216
Halifax, NS B3L 4N9
Cheque payable to: Labourers Health & Welfare Trust
B.
Pension Fund
Address:
Labourers Pension Fund of Central
& Eastern Canada
P.O. Box 9002
Oakville, ON L6J 0B9
Cheque payable to: Labourers Pension Fund of Central and Eastern Canada
C.
Market Recovery
Address:
LIUNA, Local 1208
Market Recovery Fund
P.O. Box 1872
St. John’s, NL A1C 5R4
Cheque payable to: LIUNA, Local 1208
115
D.
Industry / Training Fund
Address:
Benefit Plan Administrators
7001 Mumford Road
Tower 1, Suite 216
Halifax, NS B3L 4N9
Cheque payable to: Labourers Local 1208 Training Fund
E.
F.
Canadian Building Trades Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL Health Care Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
UNION DUES
4.01
Union dues as per Article 8 shall be forwarded to:
Address:
5.0
Labourers, Local 1208
456 Water Street
P.O. Box 1872
St. John’s, NL A1C 5R4
HEIGHT PAY
The following premium above the regular hourly rate shall be paid to workers required
under the following conditions:
A free fall height of 40 – 100 feet
A free fall height of over 100 feet
$1.00 per hour
$1.50 per hour
6.0
SPECIAL CONDITIONS
6.01
Post Tensioning and Slip Forming Contractors
The GBS project will require work in both Post Tensioning and Slip Forming. The
CONTRACTORS performing this work will be responsible for its quality and may require
that they bring a limited number of Key Workers with them to perform the work involved.
Those Key Workers would ensure that the knowledge to perform the specific functions
116
deemed to be special to the work will be made available to the local work force. All
workers, except for Key Workers and supervisory personnel working on those portions of
the work, will be workers covered under the terms and conditions of the AGREEMENT.
The CONTRACTOR will advise the Union involved of those Key Workers at the Pre-Job
Conference.
For Key Workers performing hands-on work, the CONTRACTOR shall pay the following:
a) One hundred dollars ($100.00) per month per worker in respect of union dues, which
shall be paid in the manner prescribed in Section 4.0 above;
b) Health and Welfare, Pension and Industry Training Funds, in the manner prescribed in
Section 3.0 above; and
c) Project Agreement Administration Fund as prescribed in Article 38.01 of the
AGREEMENT.
117
Labourers' International Union of North America and the
Construction and General Labourers' Union, Rock and Tunnel Workers
Local 1208
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Ba s i c
Hourl y
Ra te
Va ca ti on Hol i da y Hea l th &
Pa y
Pa y
Wel fa re
Gros s
Indus try / Ma rket NL Hea l th Hourl y
Pa cka ge
Tra i ni ng Recovery
Fund
Pens i on
10%
3%
Cl a s s 1
$27.12
$2.71
$0.81
$2.39
$4.75
$1.00
$1.00
$0.25
$40.03
Cl a s s 2
$27.16
$2.72
$0.81
$2.39
$4.75
$1.00
$1.00
$0.25
$40.08
Cl a s s 3
$27.22
$2.72
$0.82
$2.39
$4.75
$1.00
$1.00
$0.25
$40.15
Cl a s s 4
$27.26
$2.73
$0.82
$2.39
$4.75
$1.00
$1.00
$0.25
$40.20
Cl a s s 5
$27.32
$2.73
$0.82
$2.39
$4.75
$1.00
$1.00
$0.25
$40.26
Cl a s s 6
$27.36
$2.74
$0.82
$2.39
$4.75
$1.00
$1.00
$0.25
$40.31
Cl a s s 7
$27.62
$2.76
$0.83
$2.39
$4.75
$1.00
$1.00
$0.25
$40.60
Cl a s s 8
$27.62
$2.76
$0.83
$2.39
$4.75
$1.00
$1.00
$0.25
$40.60
Cl a s s 9
$27.54
$2.76
$0.83
$2.39
$4.75
$1.00
$1.00
$0.25
$40.52
Cl a s s 10
$28.06
$2.81
$0.84
$2.39
$4.75
$1.00
$1.00
$0.25
$41.10
Cl a s s 11
$28.27
$2.83
$0.85
$2.39
$4.75
$1.00
$1.00
$0.25
$41.34
Cl a s s 12
$32.70
$3.27
$0.98
$2.39
$4.75
$1.00
$1.00
$0.25
$46.34
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
118
TRADE APPENDIX
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA,
LOCAL UNION 579
119
1.0
APPLICATION
1.01
This Trade Appendix shall apply to the following:
Carpenter General Foreperson
Carpenter Non-Working Foreperson
Carpenter Working Foreperson
Carpenter Journeyperson
Carpenter Welder
Scaffolder
1.02
The ratio of Forepersons shall be:
1 – 8 Workers
9 – 16 Workers
17 – 24 Workers
25 and over Workers
1 Working Foreperson
1 Non-working Foreperson
2 Non-working Forepersons and 1 Working Foreperson
1 General Foreperson and 2 Non-working Forepersons
This ratio shall repeat itself with increased manpower.
The Rate of Pay for Forepersons and General Forepersons shall be:
Working Foreperson
Non-working Foreperson
General Foreperson
110% of Journeyperson rate
115% of Journeyperson rate
120% of Journeyperson rate
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of recognized holidays shall be thirteen (13%)
percent of gross wages including over-time for all workers.
3.0
BENEFIT FUNDS
3.01
The Contractor shall remit the amounts in the attached Wage and Benefit Schedule for each
th
hour earned. Payments shall be made no later than the 15 of the month following the month in
which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers in
respect of whom such payment is made, the amount paid in respect of each worker, and the
hours worked by each worker during the calendar month for which payment is being made.
3.03
Payments shall be made as follows:
A. Health and Welfare Fund, Pension Fund
Address:
Newfoundland Carpenters’ Welfare Trust Fund
rd
22 Rowntree Dairy Road, Unit4 (3 Floor)
Woodbridge, ON L4L 9R2
Cheque payable to:
Newfoundland Carpenters’ Welfare Trust Fund
120
B.
C.
D.
E.
Union Dues (see Article 8) and Organizing Fund
Address:
Atlantic Canada Regional Council
1000 Sackville Drive
Lower Sackville, NS B4E 0C2
Cheque payable to:
Atlantic Canada Regional Council
Stabilization Fund, Building & Training Fund
Address:
UBC Local 579
Box 3040
Paradise, NL A1L 3W2
Cheque payable to:
UBC Local 579
Canadian Building Trades Fund
Address:
Resource Development Trades Council of Newfoundland and
Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL Health Care Fund
Address:
Resource Development Trades Council of Newfoundland and
Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
APPRENTICES
4.01
Ratio of apprentices shall be a minimum of two (2) apprentices to every three (3) certified
Journeypersons, a minimum of one (1) apprentice to every three (3) non-certified
journeypersons employed. The ratio of certified Journeypersons/non-certified Journeypersons to
apprentices should be a maximum of one (1) to one (1). Rates for apprentices shall be as
herein contained. The number of apprentices working on a crew supervised by a foreperson
shall not exceed five (5) unless agreed to otherwise.
121
Period
# of Hours Complete
Courses Complete
Rate of
Journeypersons Pay
First
1000
18
60%
Second
2200
19-20
70%
Third
4200
21-22
80%
Fourth
6200
23-24
90%
Journeyperson
7200
All
100%
4.02
The United Brotherhood of Carpenters and Joiners of America, Local 579 will be recognized as
the sole employer of all union Carpenter Apprentices in the Province of Newfoundland and
Labrador for the purpose of apprenticeship training. Further, the Brotherhood of Carpenters and
Joiners of America, Local 579 will be given full authority to remove any carpenter apprentice for
failure to fulfill his or her apprenticeship contract obligations. Further, each apprentice will be
able to return to his/her job after the proper in school training, if the job is continuing.
4.03
Each candidate for apprenticeship must have successfully completed a high school program or
equivalent and in addition may be required to have completed certain academic subjects as
specified in particular plans of training. Mature students, at the discretion of the Provincial
Director of Institutional and Industrial Education, may be registered. A mature student is defined
as one who has reached the age of 19 and who can demonstrate the ability and the interest or
complete the requirements for certification.
4.04
The direct entry apprentice’s (with no work or school experience) starting rate will be 60% of the
Journeyperson’s rate. When they retain the maximum hours and successfully complete the
maximum courses for that period they will receive the next wage scale increase. When the
apprentice finishes one period of training and schooling, they will not get an increase in pay
regardless of how many hours they have accumulated until they present a validated Log Book
and have returned to school again.
4.05
The term of apprenticeship for Carpenters shall be 7200 hours actually occupied in the trade,
and successful completion of all courses.
4.06
The CONTRACTOR will endeavour to hire certified Carpenters.
5.0
TOOLS
5.01
Workers will supply the following tools:
Carpenters Apron
Drill Bits (speed bits)
Plumb Bob with line
Sliding T Level
Combination Square
Pencils
Hand Saws
Hammer
Level
Screw Driver Set
Measuring Tape
Framing Square
Wood Chisels
Stair Buttons/Square Gauges
Block Plane
Chalk Box with line
Claw Bar
Jack Plane
122
6.0
UNION DUES
6.01
Union Dues as per Article 8.00 of the Agreement shall be included in the same cheque as the
Building/Training, and Organizing Fund cheque as per Article 3.03 (b).
6.02
The CONTRACTOR shall deduct each month from the wages for each worker within the Union
Jurisdiction four (4%) percent of gross earnings, excluding room and board, vacation pay and
travel expenses. These deductions shall be made on a weekly basis.
7.0
HEIGHT PAY
7.01
Workers working on a swing stage, scaffold, ladder, bosun chair or temporary working platform
(excluding platforms that are in good condition, solidly constructed, rigidly fixed to the structure
by mechanical means and equipped with wire mesh fencing to prevent falling) shall receive a
premium over his/her regular rate as follows:
Forty (40) feet and over
$1.75/hour
Heights shall be determined on the basis of vertical free fall to the base of the structure.
8.0
SPECIAL CONDITIONS
8.01
Post Tensioning and Slip Forming Contractors
The GBS project will require work in both Post Tensioning and Slip Forming. The work in those
areas is more technically complicated than has previously been required for this type of work in
the Province of Newfoundland and Labrador. The CONTRACTORS performing this work will be
responsible for its quality and may require that they bring a limited number of Key Workers with
them to perform the work involved. Those Key Workers would ensure that the knowledge to
perform the specific functions deemed to be special to the work will be made available to the
local work force. All workers, except for Key Workers and supervisory personnel working on
those portions of the work, will be workers covered under the terms and conditions of the
AGREEMENT. The CONTRACTOR will advise the Union involved of those Key Workers at the
Pre-Job Conference.
For Key Workers performing hands-on work, the CONTRACTOR shall pay the following:
a) One hundred dollars ($100.00) per month per worker in respect of union dues, which shall be
paid in the manner prescribed in Section 3.0 above;
b) Health and Welfare, Pension and Industry Training Funds, in the manner prescribed in
Section 3.0 above; and
c) Project Agreement Administration Fund as prescribed in Article 38.01 of the
AGREEMENT.
123
United Brotherhood of Carpenters and Joiners of America and Carpenters
Local Union 579
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Trade Classification
Basic
Hourly
Rate
Vacation
Pay
Holiday
Pay
10%
3%
Health &
Welfare
Benefit
Pension
Plan
Building and
Training Fund
Organizing
Fund
Rate
Stab
Fund
NL
Health
Fund
Gross
Hourly
Package
General Foreperson
120% of Journeyperson Rate
$33.98
$3.40
$1.02
$1.75
$5.00
$0.60
$0.45
$1.00
$0.25
$47.45
Non-Working Foreperson
115% of Journeyperson Rate
$32.57
$3.26
$0.98
$1.75
$5.00
$0.60
$0.45
$1.00
$0.25
$45.86
Working Foreperson
110% of Journeyperson Rate
$31.15
$3.12
$0.93
$1.75
$5.00
$0.60
$0.45
$1.00
$0.25
$44.25
Journeyperson Carpenter,
Welder, Scaffolder
$28.32
$2.83
$0.85
$1.75
$5.00
$0.60
$0.45
$1.00
$0.25
$41.05
Apprentice 1st
60% of Journeyperson Rate
$16.99
$1.70
$0.51
$1.75
$5.00
$0.60
$0.45
$1.00
$0.25
$28.25
Apprentice 2nd
70% of Journeyperson Rate
$19.82
$1.98
$0.59
$1.75
$5.00
$0.60
$0.45
$1.00
$0.25
$31.44
Apprentice 3rd
80% of Journeyperson Rate
$22.66
$2.27
$0.68
$1.75
$5.00
$0.60
$0.45
$1.00
$0.25
$34.66
Apprentice 4th
90% of Journeyperson Rate
$25.49
$2.55
$0.76
$1.75
$5.00
$0.60
$0.45
$1.00
$0.25
$37.85
Notes: The following shall be paid in addition to the above wage package
1. RDC Administration Fund - Contractor shall remit RDC Administration Fund ($0.30/ hour earned) as per Article 38.
2. HPEA Administration Fund - Contractor shall remit HPEA Administration Fund ($0.30/hour earned) as per Article 38.
3. Hebron Project Premium - Contractor shall pay Hebron Project Premium ($3.00/hour earned, paid quarterly) as per Article 41.
4. Designated Fund - Contractor shall send the following amounts to the Resource Development Trades Council
a. Contractor shall remit $0.25 per hour earned to the Health Care Foundation Fund as per Article 42 (In addition to NL Health Fund in table above).
b. Contractor shall remit $0.05 per hour earned to the Canadian Building Trades Fund as per Article 42.
124
TRADE APPENDIX
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA,
LOCAL UNION 1009
125
1.0
APPLICATION
1.01
This Trade Appendix shall apply to the following:
Millwright General Foreperson
Millwright Non-Working Foreperson
Millwright Working Foreperson
Millwright Journeyperson
Millwright Welder
Millwright Apprentice
Machinist
1.02
The ratios of Forepersons shall be:
3 - 7 Workers
8 - 15 Workers
16 - 20 Workers
21 - 25 Workers
26 - 35 Workers
36 - 47 Workers
1 Working Foreperson
1 Non-Working Foreperson
1 General Foreperson
1 Non-Working Foreperson
1 General Foreperson
2 Non-Working Foreperson
1 General Foreperson
4 Non-Working Foreperson
2 General Foreperson
5 Non-Working Foreperson
Each additional eight (8) workers
Each additional thirty (30) workers
One (1) Non-Working Foreperson
One (1) General Foreperson
The Rate of Pay for Forepersons and General Forepersons shall be:
Working Foreperson
Non-working Foreperson
General Foreperson
110% of the Journeyperson rate
115% of the Journeyperson rate
120% of the Journeyperson rate
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of recognized holidays shall be thirteen
(13%) percent of gross wages including over-time for all workers.
3.0
BENEFIT FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule
th
for each hour earned. Payments shall be made no later than the 15 of the month
following the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker,
and the hours worked by each worker during the calendar month for which payment is
being made.
126
3.03
Payments shall be made as follows:
A.
B.
C.
D.
E.
Health and Welfare Fund
Address:
Newfoundland Millwright Local 1009
Benefit Trust Funds
C/O Manion, Wilkins & Associates
230 Norseman Street
Etobicoke, ON M8Z 6A2
Cheque payable to:
Newfoundland Millwright Local 1009
Benefit Trust Funds
Building and Training Fund
Address:
Millwright Local 1009
Box 3040
Paradise, NL A1L 3W2
Cheque payable to:
Millwright Local 1009
Organizing Fund
Address:
Atlantic Canada Regional Council
1000 Sackville Drive
Lower Sackville, NS A1L 3W2
Cheque payable to:
Atlantic Canada Regional Council
Pension Fund
Address:
Newfoundland Millwright Local 1009
Benefit Trust Funds
C/O Manion, Wilkins & Associates
230 Norseman Street
Etobicoke, ON M8Z 6A2
Cheque payable to:
Newfoundland Millwright Local 1009
Benefit Trust Funds
Stabilization Fund
Address:
Millwright Local 1009
Box 3040
Paradise, NL A1L 3W2
Cheque payable to:
Millwright Local 1009
127
F.
G.
Canadian Building Trades Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL Health Care Fund
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
UNION DUES
4.01
Union dues as per Article 8 shall be forwarded to:
Address:
Atlantic Canada Regional Council
1000 Sackville Drive
Lower Sackville, NS A1L 3W2
Cheque payable to:
Atlantic Canada Regional Council
4.02
The employer shall deduct each month from the wages of each employee within the
Union Jurisdiction 3.5% of gross earnings, excluding room and board, vacation pay and
travel expenses.
5.0
APPRENTICES
5.01
The apprentice ratio shall be not less than one (1) apprentice for every four (4)
journeyperson and not more than one (1) apprentice for one (1) journeyperson.
6.0
TOOLS
6.01
Every worker must have and maintain a proper kit of tools and it shall be the
responsibility of the CONTRACTOR in conjunction with the Shop Steward to check the
worker’s tools to be sure he/she has and maintains the required tools. This shall be a
condition of employment.
6.02
Upon commencement of employment, workers must present to the CONTRACTOR a list
and value of personal tools of their kit.
1 – 50’ Steel Tape
1 – 10’ Steel Tape
1 – Feeler and Taper Gauge
3 – Ball Peen Hammers to 2lbs.
1 – Set Punches and Chisels
1 – Pair Side Cutters
1 – 0 – 1” Micrometer
2 – 1 lb. Plumb Bobs
1 – Hack Saw
1 – Pair Comb. Pliers
1 – Pair 10” Snips
128
1 – 8” Pipe Wrench
1 – Set Hex Head Wrenches
1 – Set Assorted Screwdrivers
1 - 6” Precision Scale
1 – Soft Faced Hammer
1 – Scriber
1 – 18” Straight Edge
1 – Inside and Outside Calipers to 12”
1 – Pair “C” Clamps
1 – Centre Punch
1 – Alignment Bar
Tool Boxes
1 – Set Pitch Gauges – Standard & Metric
6.03
1 – Set Adjustable
Wrenches to 12”
1 – Set ½ “ Drive
Sockets to 1 ¼ “
1 – Set Combination
Wrenches to 1 ¼”
1 – Set of Dividers to 12”
1 – Pair Vise Grip Pliers
1 – 12” Full Comb
Precision Square
1 – Dial Indicator
1 - 0 – 6” (minimum) vernier, digital
or dial calipers
Apprentices shall not be required to supply precision tools, such as a micrometer, or
precision levels, but must be expected to have some of the tools of the trade as benefits
their experience.
129
United Brotherhood of Carpenters and Joiners of America and Millwrights
Local Union1009
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Ba s i c
Hourl y
Ra te
Hea l th &
Bui l di ng &
Va ca ti on Hol i da y Wel fa re Pens i on Tra i ni ng
Benefi t
Fund
Pa y
Pa y
Pl a n
Org. Fund
Ra te
Sta b.
Fund
NL
Hea l th
Fund
Gros s
Hourl y
Pa cka ge
10%
3%
$36.29
$3.63
$1.09
$1.75
$7.38
$0.60
$0.35
$1.00
$0.25
$52.34
$34.78
$3.48
$1.04
$1.75
$7.07
$0.60
$0.35
$1.00
$0.25
$50.32
$33.26
$3.33
$1.00
$1.75
$6.77
$0.60
$0.35
$1.00
$0.25
$48.31
$30.24
$3.02
$0.92
$1.75
$6.15
$0.60
$0.35
$1.00
$0.25
$44.28
1 st Year - 60% of JP
$18.14
$1.81
$0.54
$1.75
$3.69
$0.60
$0.35
$1.00
$0.25
$28.13
2nd Year - 70% of JP
$22.68
$2.27
$0.68
$1.75
$4.61
$0.60
$0.35
$1.00
$0.25
$34.19
3rd Year - 80% of JP
$24.19
$2.42
$0.73
$1.75
$4.92
$0.60
$0.35
$1.00
$0.25
$36.21
4th Year - 90% of JP
$27.22
$2.72
$0.82
$1.75
$5.54
$0.60
$0.35
$1.00
$0.25
$40.25
General Foreperson
120% of Journeyperson Rate
Non-Working Foreperson
115% of Journeyperson Rate
Working Foreperson
110% of Journeyperson Rate
Journeyperson Millwright Welder Machinist
18%
Apprentices
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
130
TRADE APPENDIX
INTERNATIONAL UNION OF
OPERATING ENGINEERS, AND
LOCAL UNION 904
131
1.0
APPLICATION
As per the Memorandum of Understanding.
1.01
This Trade Appendix shall apply to the following:
Operator Group 1:
Engineers operating: mobile or crawler cranes, skyhorse, ringer and kangaroo type
cranes with a manufacturer’s rating of 150 tons capacity and over. Also, tower crane
operators, certified divers.
Operator Group 2:
Engineers operating: mobile or crawler, cranes, skyhorse and ringer type cranes, with a
manufacturer’s rating of 50 – 149 tons capacity, skyway, climbing, hammerhead and
kangaroo type cranes, boat operators with ticket, 1st. Class Stationary Engineers, Heavy
Duty Mechanics, and Welders.
Operator Group 3:
Engineers operating: crawler cranes, clams, shovels, gradalls, backhoes. graders,
draglines, dredges-suction and dipper, mobile truck cranes including Gallion and AustinWestern type, and all rough terrain type hydraulic cranes, gantry cranes, creter cranes,
side booms, power hoist, mine hoist, chimney hoist, overhead cranes, tower type man
nd
and materials hoists, piledrivers, caisson boring machines, drill rigs, 2 . Class Stationary
Engineers and Pittman type cranes of 12 tons capacity and over, bulldozers, front end
loaders, hydrovac operator, vacuum truck operator, off highway truck, fifth wheel truck,
truck over 10 tons.
Operator Group 4:
Operators of: Bullmoose, pittman type cranes of less than 12 tons capacity, air tuggers,
air compressor feeding low pressure into air locks, tractors, scrapers, emcos, overhead
and industrial tractors with attachments, trenching machine, mucking machines, mobile
pumpcretes, side loaders, end booms, mobile pressure grease units, elevators, dinky
rd
locomotive type engines, boat operators without tickets and 3 Class Stationary
Engineers, operators of batching and crushing plants, mechanic’s helper, serviceman,
concrete pump operator, block accerate mixer.
Operator Group 5:
Operators of 6” discharge pumps and over, wellpoint systems and all other types of
dewatering systems, concrete mixers of one cubic yard and over, fork lifts, portable air
compressor over 150 CF.M boom trucks, “A” Frames, post hole augers, gas, diesel or
th
steam driven generators over 50 H.P. (portable), and 4 . Class Stationary Engineers.
Operators of: rollers on grade work, driver mounted compaction units, concrete
conveyors, and concrete pumps. Fireman and attendants for forced air, gas or oil
burning temporary heating units of 500,000 BTU or over per hour; or five or more heating
units of the same job site, signalman, pumps under 6” discharge where 3 or more pumps
are employed on the same job site, driver mounted power sweeper, truck crane oiler
drivers, oilers, bus driver.
132
Clerical Group 1
Clerk 1
Office Assistant
Receptionist
(All office equipment other than computers)
Clerical Group 2
Clerk II
Administrative Assistant
Document Control
Clerical Group 3
Senior Clerk
Senior Administrative Assistant
As per the Memorandum of Understanding.
1.02
There shall be two (2) classes of Forepersons.
Non-working Foreperson
General Foreperson
The Non-Working Foreperson shall receive a premium of two dollars ($2.00)
per hour above the highest Operating Engineer classification under his/her
supervision.
The General Foreperson shall receive a premium of two dollars and fifty cents
($2.50) per hour above the hourly rate of the highest Operating Engineer
classification under his/her supervision.
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of recognized holidays shall be thirteen
(13%) percent of gross wages including over-time for all workers.
3.0
BENEFIT FUNDS
3.01
Each CONTRACTOR shall contribute the amounts stated in the attached Wage and
th
Benefit Schedule for each hour earned. Payments shall be made no later than the 15 of
the month following the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
and Social Insurance Numbers (SIN) in respect of whom such payment is made, the
amount paid in respect of each worker, and the hours worked by each worker during the
calendar month for which payment is being made.
133
3.03
Payments shall be made as follows:
A.
Benefit Plan
Each payment shall be made by a cheque made payable to:
Address:
B.
O.E. Local 904 Trust
P.O. Box 96
St. John’s, NL A1C 5H5
Pension Fund
Each payment shall be made by a cheque made payable to:
Address:
C.
O.E. Local 904 Trust
P.O. Box 96
St. John’s, NL A1C 5H5
Training and Promotion Fund
Each payment shall be made by a cheque made payable to:
Address:
D.
Operating Engineers Training & Promotional Fund
62 Commonwealth Avenue
Mount Pearl, NL A1N 1W8
Membership Benefit Fund
Each payment shall be made by a cheque made payable to:
Address:
E.
Operating Engineers Membership Benefit Fund
62 Commonwealth Avenue
Mount Pearl, NL A1N 1W8
Charity Fund
Each payment shall be made by a cheque made payable to:
Address:
F.
Operating Engineers Charity Fund
62 Commonwealth Avenue
Mount Pearl, NL A1N 1W8
Operating Engineers Stabilization Fund
Each payment shall be made by a cheque made payable to:
Address:
Operating Engineers Stabilization Fund
62 Commonwealth Avenue
Mount Pearl, NL A1N 1W8
134
G.
Canadian Building Trades Fund
Each payment shall be made by a cheque made payable to:
Address:
H.
Canadian Building Trades Fund
c/o Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
NL Health Care Fund
Each payment shall be made by a cheque made payable to:
Address:
NL Health Care Fund
c/o Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
4.0
UNION DUES
4.01
Union dues as per Article 8 shall be forwarded to:
Operating Engineers Local 904
62 Commonwealth Avenue
Mount Pearl, NL A1N 1W8
5.0
APPRENTICES
5.01
Heavy Equipment Apprentices – Heavy Equipment apprentices shall be employed in
the following manner: there shall be one (1) apprentice for up to three (3) Heavy
Equipment Journeypersons employed by the CONTRACTOR. There shall be one (1)
Apprentice employed for each multiple of four (4) Heavy Equipment Journeyperson
employed by the CONTRACTOR.
5.02
Hoisting Apprentices – Hoisting apprentices shall be employed in the following manner:
there shall be one (1) apprentice for up to three (3) Hoisting Journeypersons employed
by the CONTRACTOR. There shall be one (1) Apprentice employed for each multiple of
four (4) Hoisting Journeyperson employed by the CONTRACTOR.
5.03
Mechanic and Welder Apprentices – Where the CONTRACTOR employs more than
three (3) but less than five (5) Journeyperson, he/she shall employ at least one (1)
registered apprentice.
Where the CONTRACTOR employs more than five
Journeyperson, he/she shall employ one (1) apprentice for each multiple of five (5)
Journeyperson employed. The fore going ratio shall apply equally to mechanics and
welders.
5.04
Utilization of Apprentices/Manning of Cranes
The provisions contained in this article shall be used to the maximum extent possible for
the enhancement of the Apprenticeship Program to that end Apprentices shall be used
whenever possible to carry out the provisions hereof.
135
a)
The following shall require one (1) Apprentice for each one (1) piece of equipment.
i. All conventional truck mounted or crawler cranes with a manufacturer’s rating of
twenty-five (25) ton capacity and over.
ii. All truck mounted hydraulic and rough terrain type cranes with a manufacturer’s
rating of one hundred (100) ton capacity and over.
iii. All backhoes, shovels, clams and draglines with a capacity over 1¾ cubic yards.
b)
The following shall require one (1) Apprentice for each two (2) pieces of equipment.
i. Climbing, tower, traveller, hammerhead, skyway, kodiak and kangaroo type
cranes.
c)
The following shall require one (1) apprentice for each four (4) pieces of equipment:
i. All truck mounted hydraulic and rough terrain type cranes with a manufacturer’s
rating between thirty (30) and one hundred (100) ton capacity.
ii. Backhoes, shovels, clams and draglines with a manufacturer’s capacity of 1¾
cubic yards and under.
5.05
Apprenticeship Rates and Other Conditions
The following remuneration shall apply for all apprentices:
st
1
nd
2
rd
3
th
4
th
5
th
6
5.06
1000 hrs.
1000 hrs.
1000 hrs.
1000 hrs.
1000 hrs.
1000 hrs.
60% of Group 2 Rate
65% of Group 2 Rate
70% of Group 2 Rate
75% of Group 2 Rate
80% of Group 2 Rate
90% of Group 2 Rate
A period shall be defined as six (6) months or one thousand (1000) working hours,
whichever is greater.
Where an Apprentice is not available then an Oiler or Oiler Driver shall be utilized.
6.0
SPECIAL CONDITIONS
6.01
Overtime Operations
If an Operator is regularly assigned to a machine from Monday through Friday in a given
week and productive Work is required after the normal hours of work or on the Saturday,
Sunday or holiday of that week, such Operator will be assigned to such particular
machine for such Saturday, Sunday or holiday work.
6.02
Owner Operated Equipment
Owner Operated equipment performing work on the project shall be subject to the terms
and conditions of the Agreement. Each Contractor shall advise the Council when Owner
Operated Equipment is being contracted.
136
6.03
Heavy Lifting
One ($1.00) dollar per hour premium will be paid to operators of cranes from 225-300
tons. An additional ten ($0.10) cents per hour will be paid to the operator for every 50
tons thereafter (.ie. 450 ton crane + $1.30 premium).
6.04
Boom Premium
A boom premium of $0.75 shall be paid to crane operators operating cranes with
a boom of 140-200ft.
A boom premium of $1.25 shall be paid to crane operators operating cranes with
a boom in excess of 200ft.
6.05
Equipment Assembly
It is agreed that the assembling and dismantling of the CONTRACTOR’S construction
equipment described in the Classification or falling within the jurisdiction of the Operating
Engineers, will be performed by members of the Operating Engineer’s Union.
6.06
Health and Safety
The employer will provide, without cost, welding helmets, safety goggles and an adequate
supply of coveralls (summer and winter) as required by the nature of the employee’s
work. The employee will sign for such equipment supplied by the employer and authorize
deductions of the cost from their wages if they do not return such equipment in good
condition, subject to reasonable wear and tear when they are returned.
7.0
EPCM
7.01
The document control persons employed by the Owner’s EPCM Agent working in nonconfidential positions shall be included in the bargaining unit and paid the appropriate
Clerical Group Rate. All other clerical staff in confidential positions shall remain outside
of the bargaining unit and shall not perform bargaining unit work.
8.0
TOOL LIST
8.01
1) ¼ drive set standard and metric including ratchet and extensions
2) 3/8 Drive set up to 7/8 socket standard and metric including ratchet and
Extensions
3) Combination wrench set from ¼ to 1 ¼ and 5mm to 30mm
4) ½ Drive socket set from 3/8 to 1 ¼ shallow and deep including ratchet and extensions
5) ½ Drive metric socket set from 10mm to 30 mm
6) Punch and chisel set
7) Various pliers, side cutters, water pump pliers, vise grip, wire crimpers, long nose pliers
8) Pry bar set
137
9) Various ball peen hammers
10) Volt meter, test light
11) Crow feet socket set from 3/8 to 15/16
12) 3/8 drive air ratchet, ½ drive air impact
13) Complete set of screwdrivers
14) Allan wrenches metric and standard
15) Torques bit socket set and screwdrivers
16) Line wrenches from 3/8 to ¾ inclusive
17) ½ drive Impact sockets 3/8 to 1 ¼
18) ½ drive impact swivel socket set ½ to 15/16
8.02
Tool Premium of seventy five cents ($0.75) per hour worked.
138
International Union of Operating Engineers and Local Union 904
Schedule "A" - Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Ba s i c
Hourl y
Ra te
Va c.
Pa y
9%
Hol i da y
Pa y
H&W
Tra i ni ng & Member
Promoti on Benefi ts
Pens i on
Cha ri ty
Fund
Ra te
Sta bi l i z.
NL
Hea l th
Fund
Gros s
Hourl y
Pa cka ge
4%
Operating Engineers
Group 1
$30.01
$2.70
$1.20
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$43.41
Group 2
$29.01
$2.61
$1.16
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$42.28
Group 3
$28.61
$2.57
$1.14
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$41.82
Group 4
$27.62
$2.49
$1.10
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$40.71
Group 5
$26.87
$2.42
$1.08
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$39.87
1st Period - 60% of Group 2
$17.41
$1.57
$0.70
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$29.18
2nd Period - 65% of Group 2
$18.86
$1.70
$0.75
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$30.81
3rd Period - 70% of Group 2
$20.31
$1.83
$0.81
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$32.45
4th Period - 75% of Group 2
$21.76
$1.96
$0.87
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$34.09
5th Period - 80% of Group 2
$23.21
$2.09
$0.93
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$35.73
6th Period - 90% of Group 2
$26.11
$2.35
$1.04
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$39.00
Group 1
$21.03
$1.89
$0.84
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$33.26
Group 2
$23.25
$2.09
$0.93
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$35.77
Group 3
$25.47
$2.29
$1.02
$2.15
$5.35
$0.80
$0.25
$0.20
$0.50
$0.25
$38.28
Apprentices
Clerical
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
139
TRADE APPENDIX
INTERNATIONAL UNION OF PAINTERS AND
ALLIED TRADES AND
LOCAL UNION 1984
140
1.0
APPLICATION
This Trade Appendix shall apply to the following:
Apprentice
Painter
Glazier
Drywall Taper
Spray Painter
Sand Blaster
Vinyl Hanger
Fireproofer
Working Foreperson
Non-working Foreperson
General Foreperson
1.02
Working Foreperson Ratio:
The working foreperson ratio shall be one (1) working foreperson for two (2) to eight (8)
workers.
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of recognized holidays shall be ten (10%)
percent of gross wages including overtime for all workers.
3.0
BENEFIT FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule
th
for each hour earned. Payments shall be made no later than the 15 of the month
following the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker,
and the hours worked by each worker during the calendar month for which payment is
being made.
3.03
Payments shall be made as follows:
A.
B.
HEALTH AND WELFARE FUND
Address:
IUPAT – DC 39 Fund
95 Simmonds Drive
Dartmouth, N.S. B3B 1N7
Cheque payable to:
IUPAT – District Council 39 Fund
PENSION FUND
Address:
IUPAT – DC 39 Fund
95 Simmonds Drive
Dartmouth, N.S. B3B 1N7
Cheque payable to:
IUPAT – District Council 39 Fund
141
C.
D.
E.
F.
G.
APPRENTICE and TRAINING FUND
Address:
IUPAT – DC 39 Fund
95 Simmonds Drive
Dartmouth, N.S. B3B 1N7
Cheque payable to:
IUPAT – District Council 39 Fund
ORGANIZING FUND
Address:
IUPAT – DC 39 Fund
95 Simmonds Drive
Dartmouth, N.S. B3B 1N7
Cheque payable to:
IUPAT – District Council 39 Fund
UNION ADMINISTRATION FUND
Address:
IUPAT – DC 39 Fund
95 Simmonds Drive
Dartmouth, N.S. B3B 1N7
Cheque payable to:
IUPAT – District Council 39 Fund
CANADIAN BUILDING TRADES FUND
Address:
Resource Development Trades Council of
Newfoundland and Labrador Industrial Fund
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL HEALTH CARE FUND
Address:
Resource Development Trades Council of
Newfoundland and Labrador Industrial Fund
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
142
4.0
UNION DUES
4.01
Union dues shall be forwarded to:
IUPAT – DC 39 Fund
95 Simmonds Drive
Dartmouth, N.S. B3B 1N7
5.0
APPRENTICES
5.01
The ratio of Apprentices to Journeyperson shall not exceed one (1) Apprentice for each
three (3) Journeyperson employed.
6.0
APPRENTICE RATE
6.01
1 year
nd
2 year
rd
3 year
st
60% of Journeyperson Wage plus all benefits
75% of Journeyperson Wage plus all benefits
90% of Journeyperson Wage plus all benefits
Full journeyperson rates thereafter.
6.02
Apprentices shall be given one year credit for a pre-employment training course at any
Newfoundland and Labrador accredited vocational school if course is completed.
7.0
UNION DUES
7.01
$25.00 per month payable from first day worked.
Working Dues 3% of gross (wages and holiday/vacation pay)
Administrative Processing Fees (Initiation) for new members - $500.00
8.0
HEIGHT PAY
8.01
If a worker is required to work at a free fall height of forty (40) feet or above, he/she shall
be paid a premium of one dollar ($1.00) above his/her rate.
143
International Union of Painters and
Allied Trades and Local Union 1984
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Ba s i c
Hourl y
Ra te
Hea l th &
Va ca ti on Hol i da y Wel fa re Pens i on
Benefi t
Pa y
Pa y
Pl a n
7%
3%
Apprenti ce
Uni on
& Tra i ni ng
Admi n.
Fund
Org. Fund Fund
NL
Hea l th
Fund
Gros s
Hourl y
Pa cka ge
Group 1 - Pa i nter/Gl a zi er
$27.71
$1.94
$0.83
$1.85
$4.25
$0.55
$0.55
$0.10
$0.25
$38.03
Group 2 - Drywa l l Ta per,
Spra y Pa i nter, Sa nd
Bl a s ter, Vi nyl Ha ngers ,
Fi reproofers
+.30 over Group 1
Forepers on
+1.00 over Group 1
Genera l Forepers on
+2.00 over Group 1
$28.01
$1.96
$0.84
$1.85
$4.25
$0.55
$0.55
$0.10
$0.25
$38.36
$28.71
$2.01
$0.86
$1.85
$4.25
$0.55
$0.55
$0.10
$0.25
$39.13
$29.71
$2.08
$0.89
$1.85
$4.25
$0.55
$0.55
$0.10
$0.25
$40.23
1s t Yea r - 60% Group 1
$16.63
$1.16
$0.50
$1.85
$4.25
$0.55
$0.55
$0.10
$0.25
$25.84
2nd Yea r - 75% Group 1
$20.78
$1.45
$0.62
$1.85
$4.25
$0.55
$0.55
$0.10
$0.25
$30.40
3rd Yea r - 90% Group 1
$24.94
$1.75
$0.75
$1.85
$4.25
$0.55
$0.55
$0.10
$0.25
$34.99
Apprentices
Notes: The following shall be paid in addition to the above wage package
1. RDC Administration Fund - Contractor shall remit RDC Administration Fund ($0.30/ hour earned) as per Article 38.
2. HPEA Administration Fund - Contractor shall remit HPEA Administration Fund ($0.30/hour earned) as per Article 38.
3. Hebron Project Premium - Contractor shall pay Hebron Project Premium ($3.00/hour earned, paid quarterly) as per Article 41.
4. Designated Fund - Contractor shall send the following amounts to the Resource Development Trades Council
a. Contractor shall remit $0.25 per hour earned to the Health Care Foundation Fund as per Article 42 (In addition to NL Health Fund in table above).
b. Contractor shall remit $0.05 per hour earned to the Canadian Building Trades Fund as per Article 42.
144
TRADE APPENDIX
SHEET METAL WORKERS’ INTERNATIONAL ASSOCIATION
AND LOCAL UNION 512
145
1.0
APPLICATION
1.01
This Trade Appendix shall apply to the following classifications:
General Foreperson
Non-working Foreperson
Working Foreperson
Journeyperson (including Welder)
Air Balancing Technicians
Apprentices
1.02
The ratio of Forepersons shall be:
1 - 3 Workers
4 - 8 Workers
9 - 16 Workers
17 - 24 Workers
25 - 32 Workers
Over 32 Workers
1 Working Foreperson
1 Non-Working Foreperson
1 Non-Working Foreperson and 1 Working Foreperson
1 Non-working Foreperson and 2 Working Forepersons
1 Non-working Foreperson and 3 Working Forepersons
All of the above plus one (1) General Foreperson
This ratio shall repeat itself with increased manpower.
The Working Foreperson shall receive a premium of two dollars ($2.00) per hour
above the journeyperson rate.
The Non-Working Foreperson shall receive a premium of three dollars ($3.00) per
hour above the journeyperson rate.
The General Foreperson shall receive a premium of four dollars ($4.00) per hour
above the journeyperson rate.
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of Recognized Holidays shall be thirteen
percent (13%) of gross wages including overtime for all workers.
3.0
BENEFIT FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule
th
for each hour earned. Payments shall be made no later than the 15 of the month
following the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker, and
the hours worked by each worker during the calendar month for which payment is being
made.
146
3.03
Payments shall be made as follows:
A.
B.
C.
D.
E.
F.
HEALTH AND WELFARE FUND, PENSION FUND
Address:
Sheet Metal Workers, Local 512
PO Box 1473
St. John’s, NL A1C 5N8
Cheque payable to:
Benefit Plan Administrators
LOCAL 512 INDUSTRY FUND
Address:
Sheet Metal Workers, Local 512
PO Box 1473
St. John’s, NL A1C 5N8
Cheque payable to:
Sheet Metal Workers, Local 512
LOCAL 512 ASSISTANCE FUND
Address:
Sheet Metal Workers, Local 512
PO Box 1473
St. John’s, NL A1C 5N8
Cheque payable to:
Sheet Metal Workers, Local 512
CANADIAN BUILDING TRADES FUND
Address:
Resource Development Trades Council of Newfoundland
and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL HEALTH CARE FUND
Address:
Resource Development Trades Council of Newfoundland
and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
UNION DUES
Union Dues shall be made payable to:
“Sheet Metal Workers, Local 512”
And mailed to:
147
Address:
Sheet Metal Workers, Local 512
PO Box 1473
St. John’s, NL A1C 5N8
4.0
APPRENTICES
4.01
Apprentices may be employed at a ratio of two (2) journeyperson to one (1) apprentice.
This ratio will apply as long as there are apprentices unemployed on the list.
4.02
Second and third year apprentices shall work under the direct supervision of a
th
Journeyperson. No 4 year apprentice shall supervise another apprentice. If any
rd
th
st
CONTRACTOR lays off a 3 or 4 year apprentice, he/she shall not be replaced by a 1 or
nd
rd
th
year apprentice while there are 3 and 4 year apprentices unemployed.
2
CONTRACTORS shall hire apprentices available at the time of request.
4.03
All apprentices shall have a log book from the Department of Human Resources, Labour
and Employment showing the amount of hours worked at the trade.
4.04
The CONTRACTOR will endeavour where practical and economically feasible to expose
apprentices to shop time along with field time in order to develop a well versed
Journeyperson.
4.05
Apprentices shall not be paid less than the following percentages of a Journeyperson’s
rate:
Second Year
Third Year
Fourth Year
70%
80%
90%
5.0
HEIGHT PAY
5.01
The following premium above the regular hourly rate shall be paid to workers required to
work at heights where there is a possibility of a free-fall drop of 40 feet or more.
40 feet and above
$1.00 per hour
6.0
WELDING PREMIUM
6.01
A one dollar ($1.00) premium above the regular hourly rate shall be paid to Sheet Metal
Workers when welding.
148
Sheet Metal Workers' International Association and
Local Union 512
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Ba s i c
Hourl y
Ra te
Hea l th
a nd
Va ca ti on Hol i da y
Wel fa re
Pa y
Pa y
Indus try
Pens i on (Loca l 512)
NL
Hea l th
Fund
Gros s
Hourl y
Pa cka ge
10%
3%
$33.12
$3.31
$1.00
$2.00
$6.50
$0.21
$0.25
$46.39
$35.12
$3.51
$1.05
$2.00
$6.50
$0.21
$0.25
$48.64
$36.12
$3.61
$1.08
$2.00
$6.50
$0.21
$0.25
$49.77
$37.12
$3.71
$1.11
$2.00
$6.50
$0.21
$0.25
$50.90
2nd Yea r - 70% of JP
$23.18
$2.32
$0.70
$2.00
$6.50
$0.21
$0.25
$35.16
3rd Yea r - 80% of JP
$26.50
$2.65
$0.80
$2.00
$6.50
$0.21
$0.25
$38.91
4th Yea r - 90% of JP
$29.81
$2.98
$0.89
$2.00
$6.50
$0.21
$0.25
$42.64
Journeypers on
Worki ng Forepers on
+2.00 over JP
Non- Worki ng Forepers on
+3.00 over JP
Genera l Forepers on
+4.00 over JP
Apprentices
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
149
TRADE APPENDIX
THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS AND
LOCAL UNION 855
150
1.0
APPLICATION
1.01
This Trade Appendix shall apply to the following classifications:
GROUP 1
Bombardier, nodwell driver, track truck, farm type tractor, preheat truck, pick-up or car
(except when used by supervisory personnel, office staff and field engineering crews)
pilot car, fuel truck helper, fuel pump attendants and small boat operators.
GROUP 2
Tree farmer, belly dump, hovercraft, picker/boom truck (under 12 ton), dump truck, fuel
truck (under 2000 gallons), garbage truck, lugger truck, rolloff truck, compactor truck,
vacuum truck, bus, water truck, manhaul, crewcab, propane truck, semi-dump and fifth
wheel.
GROUP 3
Lowbed trucks, picker/boom truck (over 12 ton), bed tandem, concrete transit mix driver,
magnum driver, fuel truck, (over 2000 gallons), flat deck, articulate dumps, side dumps,
dynamite truck, cat truck, rock truck, semi-trailer, pipe and pole trailer, light duty and
heavy duty mechanics, forklifts and crane mobiles (used in warehouse area) and
warehouse personnel.
GROUP 4
Emergency Medical Technician and First Mates (Ferry)
GROUP 5
Duty Nurse, Fire Prevention Officers, Captains (Ferry) and Engineers
(Ferry)
GROUP 6
Owner/Operators of Dump Trucks
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of recognized holidays shall be thirteen
percent (13%) of gross wages including overtime for all workers.
3.0
FOREPERSONS
3.01
Working Foreperson: Where the CONTRACTOR works the first eight (8)
workers on any one shift, one of these workers shall be appointed a Working
Foreperson.
Where the CONTRACTOR works the second eight (8) workers on any one shift,
one of these workers shall be appointed a Working Foreperson.
The Working Foreperson shall receive a premium of one dollar fifty ($1.50)
cents per hour over the hourly rate of the highest classification under his/her
supervision.
3.02
Non Working Foreperson: Where the CONTRACTOR works more than sixteen
(16) workers on any one shift, one of these workers shall be appointed a nonworking foreperson.
151
The non working foreperson shall receive a premium of one dollar fifty
($1.50) cents per hour over the hourly rate of the highest classification
under his/her supervision.
3.03
General Foreperson: Where the CONTRACTOR employs three (3) or more
Non-Working Forepersons on any one shift, a General Foreperson shall be
appointed and shall receive a premium of two dollars ($2.00) per hour over the
hourly rate of the highest classification under his/her supervision.
3.04
At the discretion of management, should a Dispatcher be used, he/she shall be paid
$1.50 per hour over the highest wage group for which he/she is dispatching.
3.05
It is understood that the classification of Captain, Group 5, shall receive the Working
Foreperson’s rate of one dollar and fifty cents ($1.50) per hour over their hourly rate.
3.06
It is understood that if the classification Primary Care Paramedic (PCP) if required for the
job; he/she shall receive one dollar and fifty cents ($1.50) per hour over the Emergency
Medical Technician (EMT) rate.
4.0
BENEFIT FUNDS
4.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule
th
for each hour earned. Payments shall be made no later than the 15 of the month
following the month in which the hours were earned.
4.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker,
and the hours worked by each worker during the calendar month for which payment is
being made.
4.03
Payments shall be made as follows:
A.
B.
HEALTH AND WELFARE FUND
Address:
Global Benefits
545 Wilson Avenue
Toronto, ON M3H 1V2
Cheque payable to:
Teamsters Local 855 Health and Welfare Trust Fund
PENSION FUND
Address:
Cheque payable to:
C.
Industrial Alliance
238 Brownlow Avenue, Suite 320
Dartmouth, NS B3B 1Y2
Industrial Alliance/Teamsters Local 855 Pension Plan
ADVANCEMENT FUND
Address:
Teamsters Union Local 855
PO Box 1472, Stn. C
St. John’s, NL A1C 5N8
Cheque payable to:
Teamsters Local 855 Advancement Fund
152
D.
E.
F.
TEAMSTERS BUILDING FUND
Address:
Teamsters Union Local 855
PO Box 1472, Stn. C
St. John’s, NL A1C 5N8
Cheque payable to:
Teamsters Local 855 Teamsters Building Fund
CANADIAN BUILDING TRADES FUND
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL HEALTH CARE FUND
Address:
Resource Development Trades Council of
Newfoundland and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
5.0
UNION DUES
5.01
Union Dues shall be forwarded to:
Address:
Teamsters Union Local 855
PO Box 1472, Stn. C
St. John’s, NL A1C 5N8
6.0
TOOLS
6.01
Mechanics shall provide and maintain hand tools necessary to the job.
153
7.0
OWNER/OPERATORS OF DUMP TRUCKS
TEAMSTER DUMP TRUCK PROVISIONS
The following provisions make up the way in which a CONTRACTOR or sub-contractor
working under the Project AGREEMENT fulfills its requirements for Dump Trucks.
1.
CONTRACTORS or Sub-Contractors may provide their own trucks and the Union
shall dispatch qualified Drivers who will be paid in accordance with the terms of the
Collective Agreement.
2.
CONTRACTORS or Sub-Contractors working under the Project Agreement may
request Dump Trucks from Contractors who are signatory to the Teamsters CLRA
Agreements and payment shall be paid in accordance with the Dump Truck hourly
rates.
3.
CONTRACTORS or Sub-Contractors working under the Project Agreement may
hire Owner Operators directly. Said Operators shall work under the terms of the
Project Agreement and shall be paid in accordance with the Dump Truck hourly
rate as per Schedule “A”. Provisions of Article 20 and 25 are deemed to be
included as a total compensation package paid under Schedule “A”.
154
EMERGENCY MEDICAL TECHNICIANS, DUTY NURSES,
FIRE PREVENTION OFFICERS, CAPTAINS (FERRY), FIRST MATES (FERRY),
ENGINEERS (FERRY) SUPPLEMENT TO TEAMSTERS
TRADE APPENDIX
1.0
APPLICATION
1.01
This supplement shall apply to the following:
Emergency Medical Technician
Registered Nurse (Duty Nurse)
Fire Prevention Officers
Captains (Ferry)
First Mates (Ferry)
Engineers (Ferry)
2.0
BENEFITS
2.01
All workers under these classifications shall participate in the UNION’S benefit package,
which includes Group Insurance and Pension.
3.0
HIRING
3.01
Recruitment and selection of all workers shall be done in consultation with the UNION.
Members of the Union who are qualified shall be selected and dispatched first, and then it
shall be the sole responsibility of the CONTRACTOR. All hires shall be referred by the
Local Union office.
4.0
CALL OUT
4.01
As per Master Agreement.
5.0
HOURS OF WORK
5.01
Notwithstanding Article 20 (Hours of Work, Shifts, Overtime and Terms of Payment) in
the Agreement, the hours of work for the classifications in this supplement may be seven
(7) consecutive twelve (12) hour shifts and seven (7) consecutive days off. The worker,
when working this schedule, shall be paid one hundred and eight (108) hours at his/her
straight time hourly rate of pay for eighty-four (84) hours worked. When working on this
schedule, the worker is to be paid the first fifty-four (54) hours in the week worked, and
the other fifty-four (54) hours in his/her week off.
155
The International Brotherhood of Teamsters and Local Union 855
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Group 1 - (Si ngl e Axl e)
Group 2 (Dua l Axel /Ta ndum
Axl e)
Group 3 (Hea vy Trucks &
Wa rehous e)
Group 4 (Emergency, Medi ca l
Techni ci a ns & Fi rs t Ma tes )
Group 5 (Duty Nurs e, Fi re
Preventi on Offi cer, Ca pta i ns
& Engi neers
Ba s i c
Hourl y
Ra te
Va ca ti on Hol i da y
Pa y
Pa y
Hea l th &
Wel fa re
Tea ms ters
Bui l di ng
Fund
Pens i on Adv. Fund
NL
Hea l th
Fund
Gros s
Hourl y
Pa cka ge
9%
4%
$30.88
$2.78
$1.24
$1.65
$1.65
$0.50
$0.25
$0.25
$39.20
$31.10
$2.80
$1.24
$1.65
$1.65
$0.50
$0.25
$0.25
$39.44
$31.32
$2.82
$1.25
$1.65
$1.65
$0.50
$0.25
$0.25
$39.69
$32.55
$2.93
$1.30
$1.65
$1.65
$0.50
$0.25
$0.25
$41.08
$39.76
$3.58
$1.59
$1.65
$1.65
$0.50
$0.25
$0.25
$49.23
Ba s i c
Hourl y
Ra te
Tota l
(Incl udes
HST)
Adv.
Fund
NL Hea l th
Bl dg. Fund Ca re Fund
Gros s
Hourl y
Pkg
Group 6
Ta ndem Axl e
$86.32
$97.54
$0.50
$0.25
$0.25
$98.54
Ta ndem Ta ndem Axl e
$96.72
$109.29
$0.50
$0.25
$0.25
$110.29
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
156
TRADE APPENDIX
UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES
OF THE PLUMBING AND PIPEFITTING INDUSTRY
OF THE U.S. AND CANADA, AND
LOCAL UNION 740
157
1.0
APPLICATION
1.01
This Trade Appendix shall apply to all aspects of the Plumbing and Pipefitting industry:
Apprentice
Journeyperson
Welding Inspectors
Foreperson
General Foreperson
1.02
The Rate of Pay for Forepersons and General Forepersons shall be:
Non-working Foreperson
General Foreperson
115% of Applicable Group Journeyperson rate
120% of Applicable Group Journeyperson rate
2.0
VACATION AND RECOGNIZED HOLIDAY PAY
2.01
Payment for annual vacations and pay in lieu of Recognized Holidays shall be ten percent
(10%) of gross wages including overtime for all workers.
3.0
BENEFIT FUNDS
3.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule
th
for each hour earned. Payments shall be made no later than the 15 of the month
following the month in which the hours were earned.
3.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker, and
the hours worked by each worker during the calendar month for which payment is being
made.
3.03
Payments shall be made as follows:
A.
B.
PENSION, HEALTH AND WELFARE, AND BUILDING, TRAINING AND
RESOURCE FUND
Address:
Newfoundland Plumbers & Pipefitters
PO Box 156
Mount Pearl, NL A1N 2C2
Cheque payable to:
Newfoundland Plumbers & Pipefitters Trust Fund
CANADIAN BUILDING TRADES FUND
Address:
Resource Development Trades Council of Newfoundland
and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
158
C.
NL HEALTH CARE FUND
Address:
Resource Development Trades Council of Newfoundland
and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
4.0
UNION DUES
4.01
Union Dues as per Article 8 shall be forwarded to:
Address:
Newfoundland Plumbers & Pipefitters
PO Box 156
Mount Pearl, NL A1N 2C2
5.0
APPRENTICES
5.01
All Apprentices shall work under the direct supervision of a working Journeyperson at all
times. The ratio of apprentices shall be a minimum of one (1) apprentice for every three (3)
Journeyperson and a maximum of one (1) apprentice to one (1) Journeyperson.
The Apprentice Wage Rates shall be as follows:
•
•
•
•
1st year - 60% of Journeyperson rates
2nd year - 70% of Journeyperson rates
3rd year - 80% of Journeyperson rates
4th year - 90% of Journeyperson rates
6.0
HEIGHT PAY
6.01
The following premiums above the regular hourly rate shall be paid to workers required to
work at heights under such conditions as Temporary Staging, Scaffolding, Tower Like
Structures, or Structures with a direct drop of 40 feet or more:
40 to 64 feet
65 to 89 feet
90 to 124 feet
125 feet and up
50 cents per hour
60 cents per hour
70 cents per hour
Time and one-half the hourly rates shall apply.
7.0
WELDING TESTS
7.01
All welders to be engaged in work under this Trade Appendix shall be tested at the UA
Local 740 Training Centre prior to commencement of employment. By mutual agreement,
exceptions will be made for workers referred to site whose principal residence is outside of
Newfoundland.
7.02
No welder shall be dispatched unless he/she has current tickets to perform work required.
159
8.0
SPECIAL CONDITIONS
8.01
Tools shall be supplied by the CONTRACTOR. When piping tool cribs or piping stock
rooms are required on piping project covered under the terms of this Agreement, they must
be staffed by all United Association Local 740 members. The CONTRACTOR agrees to
give every consideration to older or handicapped workers to fill positions in such piping tool
cribs or piping stock rooms.
8.02
All journeyperson fitters, welders, and apprentices working on stainless steel, chromemoly, galvanized or other alloy piping which are being burnt or ground and all heliarc and
argon welding on heavy wall piping 120 schedule and up shall receive 80 cents above the
applicable rate of pay.
8.03
Where a worker is required to perform his/her duties in an abnormally dirty area, he/she
shall be provided with coveralls and respirators (at the worker’s request) while performing
his/her duties.
8.04
All tacking and welding on piping shall be done by a qualified welder only. Welding mitts
and goggles shall be supplied to the welder and the fitter while he is fitting for the welder.
Welding jackets shall be supplied as a tool crib item.
8.05
Where a worker is required to perform his/her duties in an area heated in excess of 100
degrees F, he/she shall receive $1.00 per hour above the normal rate of pay.
8.06
The CONTRACTOR shall name hire from any source all Welding Inspectors and they shall
be paid the Foreperson’s rate of pay. It shall be the responsibility of the CONTRACTOR to
identify qualifications for all Welding Inspectors and to ensure they meet this criteria prior to
employment. It is acknowledged that the CONTRACTOR may also employ Welding
Engineers or Quality Assurance personnel who shall inspect in accordance with all
applicable Industry Codes and Specifications and shall not be subject to this
AGREEMENT.
160
United Association of Journeyman and Apprentices
of the Plumbing and Pipefitting Industry
of the U.S. and Canada, and
Local Union 740
Wages and Benefits
Effective May 1, 2011
Tra de Cl a s s i fi ca ti on
Ba s i c
Hourl y
Ra te
Va ca ti on
+ Hol i da y
Pa y
Hea l th &
Wel fa re
Benefi t
Pens i on
Pl a n
Bui l di ng &
Tra i ni ng &
Res ource NL Hea l th
Fund
Fund
Gros s
Hourl y
Pa cka ge
10%
Journeypers on
Wel di ng Ins pector
+15% over JP ra tes
Forepers on
+15 % over JP ra tes
Genera l Forepers on
+20% over JP ra tes
$32.78
$3.28
$2.00
$6.00
$2.08
$0.25
$46.39
$37.70
$3.77
$2.00
$6.00
$2.08
$0.25
$51.80
$37.70
$3.77
$2.00
$6.00
$2.08
$0.25
$51.80
$39.34
$3.93
$2.00
$6.00
$2.08
$0.25
$53.60
$19.67
$1.97
$2.00
$6.00
$2.08
$0.25
$31.97
Apprentices
1s t Yea r - 60% of JP
2nd Yea r - 70% of JP
$22.95
$2.30
$2.00
$6.00
$2.08
$0.25
$35.58
3rd Yea r - 80% of JP
$26.22
$2.62
$2.00
$6.00
$2.08
$0.25
$39.17
4th Yea r - 90% of JP
$29.50
$2.95
$2.00
$6.00
$2.08
$0.25
$42.78
Notes: The following shall be paid in addition to the above wage package
1. RDC Admi ni s tra ti on Fund - Contra ctor s ha l l remi t RDC Admi ni s tra ti on Fund ($0.30/ hour ea rned) a s per Arti cl e 38.
2. HPEA Admi ni s tra ti on Fund - Contra ctor s ha l l remi t HPEA Admi ni s tra ti on Fund ($0.30/hour ea rned) a s per Arti cl e 38.
3. Hebron Project Premi um - Contra ctor s ha l l pa y Hebron Project Premi um ($3.00/hour ea rned, pa i d qua rterl y) a s per Arti cl e 41.
4. Des i gna ted Fund - Contra ctor s ha l l s end the fol l owi ng a mounts to the Res ource Devel opment Tra des Counci l
a . Contra ctor s ha l l remi t $0.25 per hour ea rned to the Hea l th Ca re Founda ti on Fund a s per Arti cl e 42 (In a ddi ti on to NL Hea l th Fund i n ta bl e a bove).
b. Contra ctor s ha l l remi t $0.05 per hour ea rned to the Ca na di a n Bui l di ng Tra des Fund a s per Arti cl e 42.
161
NON-DESTRUCTIVE TESTING SUPPLEMENT
TO UNITED ASSOCIATION WAGE
APPENDIX
162
1.0
APPLICATION
1.01
This Trade Appendix Supplement shall apply to the following classifications.
Level II Technician
Level I Technician
Level II Magnetic and Liquid Penetrant
Trainee
1.02
These classifications shall perform all non-destructive testing with respect to work
performed under this Trade Appendix which includes ultrasonics, radiography,
magnetic particle, dye penetrant and eddy currant, but does not include visual
inspection, destructive testing, or laboratory testing.
2.0
BENEFIT FUNDS
2.01
The CONTRACTOR shall remit the amounts in the attached Wage and Benefit Schedule
th
for each hour earned. Payments shall be made no later than the 15 of the month
following the month in which the hours were earned.
2.02
Each payment shall be accompanied by a statement setting out the names of the workers
in respect of whom such payment is made, the amount paid in respect of each worker, and
the hours worked by each worker during the calendar month for which payment is being
made.
2.03
Payments shall be made as follows:
A.
B.
C.
HEALTH AND WELFARE
Address:
D.A. Townley & Associates Ltd.
#101-4190 Lougheed Hwy.
Burnaby, BC V5C 6A8
Cheque payable to:
NDT Industry Health and Welfare Plan
PENSION
Address:
D.A. Townley & Associates Ltd.
#101-4190 Lougheed Hwy.
Burnaby, BC V5C 6A8
Cheque payable to:
Quality Control Council of Canada Trust Fund
ATLANTIC REGION NDT INDUSTRY TRAINING AND UPGRADING FUND
Address:
D.A. Townley & Associates Ltd.
#101-4190 Lougheed Hwy.
Burnaby, BC V5C 6A8
Cheque payable to:
Quality Control Council of Canada Trust Fund
163
D.
E.
F.
G.
UA BUILDING AND TRAINING FUND*
Address:
Newfoundland Plumbers & Pipefitters
PO Box 156
Mount Pearl, NL A1N 2C2
Cheque payable to:
Newfoundland Plumbers and Pipefitters Trust Fund
POST RETIREMENT BENEFIT FUND
Address:
D.A. Townley & Associates Ltd.
#101-4190 Lougheed Hwy.
Burnaby, BC V5C 6A8
Cheque payable to:
Post Retirement Benefit Fund
CANADIAN BUILDING TRADES FUND
Address:
Resource Development Trades Council of Newfoundland
and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Canadian Building Trades Fund
NL HEALTH CARE FUND
Address:
Resource Development Trades Council of Newfoundland
and Labrador
78 Brookfield Road
St. John’s, NL A1E 3T9
Cheque payable to:
Newfoundland and Labrador Health Care Fund
3.0
VACATION AND RECOGNIZED HOLIDAY PAY
3.01
Payment for annual vacations and pay in lieu of recognized holidays shall be ten percent
(10%) of gross wages including overtime for all employees.
4.0
UNION DUES
4.01
Union dues as per Article 8.00 shall be forwarded to:
Address:
Newfoundland Plumbers & Pipefitters
PO Box 156
Mount Pearl, NL A1N 2C2
164
Non-Destructive Testing (NDT) Supplement
Schedule "A"
Wages and Benefits
Effective May 1, 2011
Trade Classification
Basic
Hourly
Rate
Vacation Holiday Pension
Pay
Pay
Plan
10%
Admin.
Fund
Post
Retirement
Industry
NL
Benefit
Training Health &
Health
Fund
Fund
Fund
Welfare
Gross
Hourly
Package
3%
Level II Technician
3 Certificates
$34.03
$3.40
$1.02
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$46.42
Less Than 3 Certificates
$32.32
$3.23
$0.97
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$44.49
2 Certificates
$28.11
$2.81
$0.84
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$39.73
Less Than 2 Certficates
$26.63
$2.66
$0.80
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$38.06
Level II Magnietic Particle &
Liquid Penetrant
$26.63
$2.66
$0.80
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$38.06
1 Certificate
$22.34
$2.23
$0.67
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$33.21
CEDO or Qualified Op
$22.34
$2.23
$0.67
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$33.21
with 1500 earned hours
with less than 1500
earned hours
$18.34
$1.83
$0.56
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$28.70
$15.91
$1.59
$0.48
$5.50
$0.38
$0.25
$1.34
$0.25
$0.25
$25.95
Level 1 Technician
Trainee
Notes: The following shall be paid in addition to the above wage package
1. RDC Administration Fund - Contractor shall remit RDC Administration Fund ($0.30/ hour earned) as per Article 38.
2. HPEA Adminstration Fund - Contractor shall remit HPEA Administration Fund ($0.30/hour earned) as per Article 38.
3. Hebron Project Premium - Contractor shall pay Hebron Project Premium ($3.00/hour earned, paid quarterly) as per Article 41.
4. Designated Fund - Contractor shall send the following amounts to the Resource Development Trades Council
a. Contractor shall remit $0.25 per hour earned to the Health Care Foundation Fund as per Article 42 (In addition to NL Health Fund in table above).
b. Contractor shall remit $0.05 per hour earned to the Canadian Building Trades Fund as per Article 42.
5. QCCC Working Dues - Contractor shall remit working dues as an employee deduction (1.5% of gross pay) to the plan administrator (DA Townley &
Associates).
6. QCCC Monthly Dues - Contractor shall remit monthly dues as a deduction from the employee on the first paycheck issued each month
($35.00) to the plan administrator
165
THIS MEMORANDUM OF UNDERSTANDING made at the City of St. John’s, in the Province of
Newfoundland and Labrador, this ___ day of __________ 2011
BETWEEN:
HEBRON PROJECT EMPLOYERS’ ASSOCIATION INC.
(the “ASSOCIATION”)
of the one part
AND:
RESOURCE
DEVELOPMENT
TRADES
NEWFOUNDLAND AND LABRADOR
COUNCIL
OF
(the “COUNCIL OF UNIONS”) and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
(IBEW) LOCAL UNION 1620
(the “UNION”)
of the other part
WHEREAS:
1. Certain of the UNIONS have not yet concluded collective bargaining with Construction
Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) in respect of a
revised agreement to be applicable to the employment of their members by unionized
employers in the industrial and commercial division of the construction industry in
Newfoundland and Labrador.
2. Those UNIONS wish to ensure that certain of the terms and conditions of employment
applicable to the Hebron Development Project are as consistent as possible with those
subsequently agreed by them and the CLRA for general application to the industrial and
commercial division of the construction industry.
3. The ASSOCIATION and COUNCIL OF UNIONS agree, and the UNION signatory to this
Memorandum of Understanding acknowledges and confirms, that certain provisions of the
trade appendix applicable to the UNION attached to and forming part of the AGREEMENT
may be amended as a result of the terms and conditions of employment eventually agreed
between CLRA and the UNION.
4. This Memorandum identifies the particular provisions referred to above and the
circumstances in and extent to which they may be amended and applied to employment in
respect of the Hebron Development Project.
NOW THEREFORE THIS MEMORANDUM WITNESSES that in consideration of the mutual
covenants herein and other good and valuable consideration provided by the parties hereto,
each to the others (the receipt and sufficiency of which is hereby acknowledged by each party),
the PARTIES agree and the signatory UNION acknowledges and confirms as follows:
166
-
1.
The ASSOCIATION agrees to adopt only changes in the wage, vacation, holiday pay,
health and welfare and pension in the gross hourly wage package negotiated between the
International Brotherhood of Electrical Workers (IBEW) Local Union 1620 and the
Construction Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) at
the time of signing of the revised Provincial Collective Agreement, to a maximum of the
gross hourly wage package that is applicable between the ASSOCIATION and the
International Brotherhood of Electrical Workers (IBEW) Local Union 2330 for the Hebron
Project Agreement with no retroactivity.
2.
The ASSOCIATION agrees to adopt the supervisory wage premiums for Working
Forepersons, Forepersons and General Forepersons negotiated between the International
Brotherhood of Electrical Workers (IBEW) Local Union 1620 and the CLRA at the time of
signing of the revised Provincial Collective Agreement to a maximum of the supervisory
wage premiums negotiated for these classifications between the ASSOCIATION and the
International Brotherhood of Electrical Workers (IBEW) Local Union 2330 for the Hebron
Project Agreement with no retroactivity.
IN WITNESS WHEREOF the PARTIES and the UNION signatory to the AGREEMENT have
executed this Memorandum as of the above date.
Hebron Project Employers’ Association Inc.
Resource Development Trades Council of
Newfoundland and Labrador
International Brotherhood of Electrical
Workers (IBEW) Local Union 1620
167
THIS MEMORANDUM OF UNDERSTANDING made at the City of St. John’s, in the Province of
Newfoundland and Labrador, this ___ day of __________ 2011
BETWEEN:
HEBRON PROJECT EMPLOYERS’ ASSOCIATION INC.
(the “ASSOCIATION”)
of the one part
AND:
RESOURCE
DEVELOPMENT
TRADES
NEWFOUNDLAND AND LABRADOR
COUNCIL
OF
(the “COUNCIL OF UNIONS”) and
INTERNATIONAL
ASSOCIATION
OF
HEAT
AND
INSULATORS AND ALLIED WORKERS LOCAL UNION 137
(the “UNION”)
FROST
of the other part
WHEREAS:
1.
Certain of the UNIONS have not yet concluded collective bargaining with Construction
Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) in respect of a
revised agreement to be applicable to the employment of their members by unionized
employers in the industrial and commercial division of the construction industry in
Newfoundland and Labrador.
2. Those UNIONS wish to ensure that certain of the terms and conditions of employment
applicable to the Hebron Development Project are as consistent as possible with those
subsequently agreed by them and the CLRA for general application to the industrial and
commercial division of the construction industry.
3. The ASSOCIATION and COUNCIL OF UNIONS agree, and the UNION signatory to this
Memorandum of Understanding acknowledges and confirms, that certain provisions of the
trade appendix applicable to the UNION attached to and forming part of the AGREEMENT
may be amended as a result of the terms and conditions of employment eventually agreed
between CLRA and the UNION.
4. This Memorandum identifies the particular provisions referred to above and the
circumstances in and extent to which they may be amended and applied to employment in
respect of the Hebron Development Project.
NOW THEREFORE THIS MEMORANDUM WITNESSES that in consideration of the mutual
covenants herein and other good and valuable consideration provided by the parties hereto,
each to the others (the receipt and sufficiency of which is hereby acknowledged by each party),
the PARTIES agree and the signatory UNION acknowledges and confirms as follows:
168
1.
The ASSOCIATION agrees to adopt the supervisory wage premiums for Working
Forepersons, Forepersons and General Forepersons, negotiated between the International
Association of Heat and Frost Insulators and Allied Workers Local Union 137 and the
Construction Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) at
the time of signing the revised Provincial Collective Agreement with no retroactivity.
IN WITNESS WHEREOF the PARTIES and the UNION signatory to the AGREEMENT have
executed this Memorandum as of the above date.
Hebron Project Employers’ Association Inc.
Resource Development Trades Council of
Newfoundland and Labrador
International Association of Heat and Frost
Insulators and Allied Workers
Local Union 137
169
THIS MEMORANDUM OF UNDERSTANDING made at the City of St. John’s, in the Province of
Newfoundland and Labrador, this
day of
, 2011.
BETWEEN:
HEBRON PROJECT EMPLOYERS’ ASSOCIATION INC.
(the “ASSOCIATION”)
of the one part
AND:
RESOURCE DEVELOPMENT TRADES COUNCIL OF NEWFOUNDLAND AND
LABRADOR
(the “COUNCIL OF UNIONS”) and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION 904
(the “UNION”)
of the other part
WHEREAS:
1.
Certain of the UNIONS have not yet concluded collective bargaining with Construction
Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) in respect of a
revised agreement to be applicable to the employment of their members by unionized
employers in the industrial and commercial division of the construction industry in
Newfoundland and Labrador.
2.
Those UNIONS wish to ensure that certain of the terms and conditions of employment
applicable to the Hebron Development Project are as consistent as possible with those
subsequently agreed by them and the CLRA for general application to the industrial and
commercial division of the construction industry.
3.
The ASSOCIATION and COUNCIL OF UNIONS agree, and the UNION signatory to this
Memorandum of Understanding acknowledges and confirms, that certain provisions of the
trade appendix applicable to the UNION attached to and forming part of the AGREEMENT
shall be amended as a result of the terms and conditions of employment eventually
agreed between CLRA and the UNION.
4.
This Memorandum identifies the particular provisions referred to above and the
circumstances in and extent to which they may be amended and applied to employment in
respect of the Hebron Development Project.
5.
The parties are engaged in the process of negotiating a Project Collective Agreement for
the Hebron Development Project.
170
NOW THEREFORE THIS MEMORANDUM WITNESSES that in consideration of the mutual
covenants herein and other good and valuable consideration provided by the parties hereto, each
to the others (the receipt and sufficiency of which is hereby acknowledged by each party), the
PARTIES agree and the signatory UNION acknowledges and confirms as follows:
1.
The ASSOCIATION agrees to adopt any change in pay grouping for only the UNION’S
present classifications of Crane Operators 50 - 149 tonnes, Welders, Mechanics, Forklifts,
Asphalt Rollers, Batch Plant and Crusher Plant Operators negotiated between the
International Union of Operating Engineers Local Union 904 and the Construction Labour
Relations Association of Newfoundland and Labrador Inc. (“CLRA”) at the time of signing
of the revised Provincial Collective Agreement with no retroactivity, as part of the Hebron
Project Collective Agreement.
2.
The ASSOCIATION agrees to adopt the supervisory wage premiums for Working
Forepersons, Forepersons and General Forepersons negotiated between the International
Union of Operating Engineers Local Union 904 and the CLRA at the time of signing of the
revised Provincial Collective Agreement with no retroactivity, as part of the Hebron Project
Collective Agreement.
IN WITNESS WHEREOF the PARTIES and the UNION signatory to the AGREEMENT have
executed this Memorandum as of the above date.
Hebron Project Employers’ Association Inc.
Resource Development Trades Council of
Newfoundland and Labrador
International Union of Operating Engineers,
Local Union 904
171
THIS MEMORANDUM OF UNDERSTANDING made at the City of St. John’s, in the Province of
Newfoundland and Labrador, this ___ day of __________ 2011
BETWEEN:
HEBRON PROJECT EMPLOYERS’ ASSOCIATION INC.
(the “ASSOCIATION”)
of the one part
AND:
RESOURCE DEVELOPMENT TRADES COUNCIL OF NEWFOUNDLAND
AND LABRADOR
(the “COUNCIL OF UNIONS”) and
INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES
LOCAL UNION 1984
(the “UNION”)
of the other part
WHEREAS:
1.
Certain of the UNIONS have not yet concluded collective bargaining with Construction
Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) in respect of a
revised agreement to be applicable to the employment of their members by unionized
employers in the industrial and commercial division of the construction industry in
Newfoundland and Labrador.
2. Those UNIONS wish to ensure that certain of the terms and conditions of employment
applicable to the Hebron Development Project are as consistent as possible with those
subsequently agreed by them and the CLRA for general application to the industrial and
commercial division of the construction industry.
3. The ASSOCIATION and COUNCIL OF UNIONS agree, and the UNION signatory to this
Memorandum of Understanding acknowledges and confirms, that certain provisions of the
trade appendix applicable to the UNION attached to and forming part of the AGREEMENT
may be amended as a result of the terms and conditions of employment eventually agreed
between CLRA and the UNION.
4. This Memorandum identifies the particular provisions referred to above and the circumstances
in and extent to which they may be amended and applied to employment in respect of the
Hebron Development Project.
NOW THEREFORE THIS MEMORANDUM WITNESSES that in consideration of the mutual
covenants herein and other good and valuable consideration provided by the parties hereto, each
to the others (the receipt and sufficiency of which is hereby acknowledged by each party), the
PARTIES agree and the signatory UNION acknowledges and confirms as follows:
172
1.
The ASSOCIATION agrees to adopt only changes in the wage, vacation, holiday pay, health
and welfare and pension in the gross hourly wage package negotiated between the
International Union of Painters and Allied Trades Local Union 1984 and the Construction
Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) at the time of
signing of the revised Provincial Collective Agreement with no retroactivity.
2.
The ASSOCIATION agrees to adopt the supervisory wage premiums for Working
Forepersons, Forepersons and General Forepersons negotiated between the International
Union of Painters and Allied Trades Local Union 1984 and the CLRA at the time of signing of
the revised Provincial Collective Agreement with no retroactivity.
IN WITNESS WHEREOF the PARTIES and the UNION signatory to the AGREEMENT have
executed this Memorandum as of the above date.
Hebron Project Employers’ Association Inc.
Resource Development Trades Council of
Newfoundland and Labrador
International Union of Painters and Allied
Trades Local Union 1984
173
LETTER OF UNDERSTANDING
174