COLLECTIVE AGREEMENT BETWEEN J. PHOENIX EPC MANAGEMENT GROUP INC.

Transcription

1 COLLECTIVE AGREEMENT BETWEEN J. PHOENIX EPC MANAGEMENT GROUP INC. AND CONSTRUCTION AND ALLIED WORKERS UNION, LOCAL 68, AFFILIATED WITH THE CHRISTIAN LABOUR ASSOCIATION OF CANADA January 1, 2015 December 31, 2017

2 INDEX Topic Article Arbitration Duration Education and Training Fund Employment Policy and Union Membership... 7 Gender Clause Grievance Procedure Health and Safety Committee Health and Welfare Program... Schedule B and 17 Holidays and Holiday Pay Hours of Work and Overtime Layoff and Recall Leaves of Absence Management s Rights... 3 Project Specific or Pre-Job Memoranda Purpose... 1 Recognition... 2 Representation... 5 Retirement Savings Plan Scope... 4 Transportation, Travel, and Lodging Union Dues... 8 Union-Management Committee Union Remittances... 9 Vacation Time and Vacation Pay Wages and Rates of Pay... Schedule A and 10 Warning, Suspension, and Discharge Work Stoppages... 6

3 COLLECTIVE AGREEMENT BETWEEN AND J. PHOENIX EPC MANAGEMENT GROUP INC. (hereinafter referred to as "the Employer") CONSTRUCTION AND ALLIED WORKERS' UNION, LOCAL 68, AFFILIATED WITH THE CHRISTIAN LABOUR ASSOCIATION OF CANADA (hereinafter referred to as "the Union") ARTICLE 1 - PURPOSE 1.01 It is the intent and purpose of the parties to this Agreement, which has been negotiated and entered into in good faith, to: a) recognize mutually the respective rights, responsibilities, and functions of the parties hereto; b) provide and maintain working terms and conditions, hours of work, wage rates and benefits set forth herein; c) establish an equitable system for the promotion, transfer, layoff and recall of employees; d) establish a just and prompt procedure for the disposition of grievances; e) and generally, through the full and fair administration of all terms and provisions contained herein, to develop and Collective Agreement

4 achieve a relationship among the Union, the Employer, and the employees which will be conducive to their mutual wellbeing Neither the Employer nor the Union shall act in a manner that is arbitrary, discriminatory, that violates applicable human rights legislation, or is in bad faith The parties to this Agreement pledge to work towards the greatest possible degree of consultation and cooperation believing that the following concepts provide a fundamental framework for cooperative labour/management relations: a) The industrial enterprise is an economically characterized work community of capital investors and workers under the leadership of management; b) The economic character springs from a continuous striving towards the efficient use of scarce resources, energy and the environment, and in the adequate development of the employees, research, production and marketing; and, c) The Employer, the Union and the employees will not discourage cooperation but will stimulate it, recognizing that while leadership without labour can do nothing, labour without management cannot survive. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent of all its employees in the bargaining unit as defined in Article Collective Agreement

5 2.02 This Agreement covers all employees of the Employer in British Columbia and the Yukon Territory, except management and office workers It is agreed by the parties that there shall be no revision, amendment, or alteration of the bargaining unit as defined herein, or of any of the terms and provisions of this Agreement, except by written mutual agreement of the parties The Employer agrees that the Union and its duly appointed Representatives are authorized to act on behalf of the Union for the purpose of supervising, administering and negotiating the terms and conditions of this Agreement and all matters related thereto. ARTICLE 3 MANAGEMENT S RIGHTS 3.01 Subject to the terms of this Agreement, the Employer's rights include the right to: a) to manage the enterprise, including the scheduling of work and the control of materials; b) to maintain order, discipline and efficiency; c) to hire, direct, transfer, promote, layoff, and discipline and discharge with just cause, provided that such actions are consistent with the purpose and terms of this Agreement. Collective Agreement

6 3.02 The Employer agrees that work normally performed by members of the bargaining unit shall not be contracted out. The Employer may only contract out work where: a) he does not have the necessary facilities, equipment, or ability/expertise; b) he does not have, or cannot acquire, the required manpower; c) it cannot perform the work in a manner that is competitive in terms of cost, quality and within required time limits Management and Non-bargaining unit personnel shall not perform work normally performed by members of the bargaining unit except in cases of emergency, training, instructional, or evaluation purposes. ARTICLE 4 SCOPE 4.01 Should any provision of the Collective Agreement be rendered null and void or materially altered by future legislation, the remaining provisions of the Collective Agreement shall remain in force and effect for the term of the Agreement, and the parties shall negotiate a mutually agreeable provision to be substituted for the affected provision The parties agree that Part 3, Wages, Special Clothing, & Records; Part 4, Hours of Work and Overtime; Part 5, Statutory Holidays; Part 7, Annual Vacation; and Collective Agreement

7 Part 8, Termination of Employment of the Employment Standards Act form part of this Collective Agreement, except those provisions specifically modified by this Agreement The omission of specific mention in this Agreement of existing rights and privileges established or recognized by the Employer will not be construed to deprive employees or the Union of such rights and privileges. Such rights and privileges may only be amended by mutual agreement. ARTICLE 5 - REPRESENTATION 5.01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows: 5.02 Representatives a) Representatives of the Union ( Representatives ) are representatives of the employees in all matters pertaining to this Agreement, particularly for the purpose of processing grievances, negotiating amendments or renewals of this Agreement, and enforcing the employees' collective bargaining rights and any other rights under this Agreement and under the law. The Union agrees to notify the Employer in writing of the names of its duly appointed Representatives. b) Representatives shall have the right to visit at the location where employees are working. The Representatives will identify themselves to the appropriate management personnel upon arriving at a job site. Such visits shall not unduly disrupt the flow of work. Collective Agreement

8 5.03 Stewards a) The Union has the right to appoint or elect Stewards. The Stewards are representatives of the employees in certain matters pertaining to this Agreement, including the processing of grievances. Stewards are not permitted to amend any terms of this Agreement. b) Stewards will not absent themselves from their work to deal with grievances without first obtaining permission of the Employer. Permission will not be unreasonably withheld. The Employer will pay Stewards at their prevailing hourly rate for time spent attending such duties during their working hours. c) A Steward will be given the opportunity to address all new employees for the purpose of introducing themselves and the Union and providing the employees with Union information. This will, whenever possible, occur during the new employee s site orientation or first shift. d) Shop stewards shall be among the last employees laid off from the job classifications in which they regularly work. Subject to the operating requirements of the Employer, the Union may request that Union stewards be retained on the job or project in the reduction of the work force. When so requested, the Employer may assign the Union steward to a classification the Union steward is qualified, in the opinion of the Employer, to perform. In the event the Employer transfers the Steward to another project, a new Steward shall be appointed by the Union. Collective Agreement

9 5.04 The Union has the right to appoint or elect union members to a Negotiating Committee. Time spent in negotiations shall be considered time worked, and the Employer shall pay for those hours at the prevailing hourly rate, whenever this takes place during the regular working hours of the employee(s) concerned The Employer may meet periodically with his employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union, and the employees. A Union Representative may attend such meetings There shall be no union activity on the Employer's time, or on the Employer's premises except that which is necessary for the processing of grievances and the administration and enforcement of this Agreement. ARTICLE 6 - WORK STOPPAGES 6.01 In accordance with the BC Labour Relations Code, during the term of this Agreement, or while negotiations for a further Agreement are being held: a) the Union will not permit or encourage any strike, slowdown, or any stoppage of work or otherwise restrict or interfere with the Employer's operation through its members. b) the Employer will not engage in any lockout of its employees or deliberately restrict or reduce the hours of work when this is not warranted by the workload. Collective Agreement

10 ARTICLE 7 - EMPLOYMENT POLICY AND UNION MEMBERSHIP 7.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force. The Employer will give preference in hiring qualified union members who are able to meet the requirements of the work job a) New employees will be hired on a sixty-(60) day worked probationary period, and thereafter shall attain regular employment status. b) The probationary period shall be used by the Employer to assess new employees and determine their suitability for long term employment. The parties agree that the discharge or layoff of a probationary employee shall be at the discretion of the Employer as long as it is not arbitrary, discriminatory or in bad faith Probationary employees are covered by the Agreement, excepting those provisions which specifically exclude such employees Neither the Employer nor the Union will compel employees to join the Union or discriminate against an employee because of union membership or lack of it. Subject to Article 7.01, the Employer agrees to inform new employees of the contractual relationship between the Employer and the Union. Notwithstanding this, it is understood that all employees in the bargaining unit are covered by the Agreement whether or not they join the Union. Collective Agreement

11 7.05 The Union agrees that it will make membership in the Union available to all employees covered by this Agreement subject to the Constitution of the Union and the terms and conditions specified by its applicable policies The Employer shall provide the Union with necessary information regarding new hires, layoffs, and terminations. ARTICLE 8 - UNION DUES 8.01 a) The Employer is authorized to and shall deduct union dues, or a sum in lieu of union dues, from each employee's pay as a condition of employment. The Employer is also authorized to and shall deduct administrative dues, or a sum in lieu of administrative dues, from each employee s pay upon an employee s initial hire. b) The amount of union dues and administrative dues shall be in accordance with the Employer Dues Directive issued by the Union, as determined by the National Convention a) The total amount deducted will be remitted to the Union s Provincial Remittance Processing Centre each month, by the fifteenth (15 th ) of the month following the deduction, together with an itemized list of the employees for whom the deductions are made and the amount deducted for each. The Union and the employees agree that the Employer shall be saved harmless for all such deductions and remittances. Collective Agreement

12 b) In addition to the above, this itemized list shall also contain the following for each employee: Base hourly rate All hourly premiums Straight time hours worked Time and a half hours worked Double time hours worked Gross wages c) A separate list will also be submitted for new hires, or whenever an employee change occurs, containing: Name Address Date of Birth Telephone Number Address Social Insurance Number Date of Hire Classification ARTICLE 9 UNION REMITTANCES 9.01 Remittances will be made to the Provincial Remittance Processing Centre pursuant to Articles 8, 17, 18, and 19 each month, by the fifteenth (15 th ) of the month following the deduction together with an itemized list of the employees for whom the contributions are made and the amount remitted for each In the event that the Employer fails to make the proper remittance, the Union will notify the Employer of this failure. Collective Agreement

13 The Employer will then have two (2) working days to correct this error Further to Article 9.02, if the Employer continues to be delinquent in its remittance to the Union, the Employer shall pay interest to the Union and its various Funds, as the case may be, at Prime or one percent (1%), whichever is lower, per month on the amount owing. Such interest shall be compounded on a monthly basis If the Employer satisfies all its obligations under Articles 9.01, 9.02 and 9.03 relating to Articles 8, 17, 18, and 19 the Union agrees the Employer will be saved harmless for any claims relating to these remittances. ARTICLE 10 - WAGES AND RATES OF PAY Wage Schedules and other provisions applicable to various job classifications and work descriptions are as set forth in Schedule "A Additional classifications may be established only by mutual agreement between the Employer and the Union during the term of this Agreement, and the rates for same shall be subject to negotiation between the Employer and the Union. Any addition under these terms will be put into writing and signed by a representative of the Employer and the Union. Should no agreement be reached, either party may refer the matter to arbitration in accordance with the provisions outlined in Article Whenever used in this Agreement, the following definitions shall apply: Collective Agreement

14 a) Regular hourly rate shall mean hourly compensation paid to an employee outside of overtime, and includes the base wage rate and any hourly shift allowances and hourly premiums. b) Prevailing hourly rate shall mean hourly compensation paid to an employee inclusive of overtime, and includes the base wage rate and any hourly shift allowances and hourly premiums. c) Wages shall mean compensation paid to an employee in respect of regular hours worked, overtime hours worked including any overtime premiums, shift allowances and premiums paid on an hourly basis, but specifically excludes any accommodation allowances, daily travel or travel allowances, and safety awards. d) Gross earnings shall mean compensation paid to an employee in respect to wages, vacation, and statutory holiday pay When there is a temporary shortage of work within a given work day in a specific classification, the Employer may employ the affected employees in another classification at their prevailing hourly rate provided the employees are qualified to perform the required work Employees shall be paid at least bi-monthly by cheque or automatic bank deposit at the option of the Employer, no later than Friday in any week and the employee s pay shall be accompanied by a slip outlining all hours of work, overtime hours, Collective Agreement

15 deductions for income tax, employment insurance, union dues, RRSP contributions and health and welfare contributions. All employees shall receive their pay slips during working hours. ARTICLE 11 - HOURS OF WORK AND OVERTIME The normal workweek shall consist of five (5) eight-(8) hour working days, Monday to Friday inclusive. Hours of work and overtime as set out in this Article may be modified by mutual agreement between the Employer and the Union for selected contract projects. Such amendments will be noted on the Pre- Job Memorandum subject to Article Work performed in excess of eight (8) hours per day, or forty (40) hours per week, shall be paid at the rate of one and onehalf (1½) times the regular rate of pay. Work performed in excess of twelve (12) hours per day, shall be paid at the rate of two (2) times the regular rate of pay The Employer will, subject to operating requirements, attempt to distribute overtime work as evenly as possible among employees who normally perform the work and who indicate they wish to work overtime An employee who reports for work as scheduled without having been notified that there is no work available, and who is sent home because of lack of work, inclement weather, or other reasons completely beyond the control of the Employer, shall receive a minimum of two (2) hours pay at his prevailing hourly rate. Collective Agreement

16 11.05 Starting Work An employee who starts work and is prevented from completing his normal work day shall receive a minimum of four (4) hours pay at his prevailing hourly rate. The employee shall also receive his full accommodation allowance if and when applicable Work performed on a Saturday in excess of twelve (12) hours shall be paid at two (2) times the regular rate of pay Work on Sunday or general holidays be paid at the rate of two (2) times the regular rate of pay for such hours, irrespective of weekly hours Meal Periods a) There will be two (2) paid coffee breaks of fifteen (15) minutes duration on each shift, one in the first half of the shift and one in the second half of the shift. b) Employees will be given a meal period of one half (1/2) hour per shift but such period will not be considered as time worked. c) No employee will work more than five (5) consecutive hours without a one-half (1/2) hour meal period If an employee should be "called out" on weekends, he shall be paid a minimum of four (4) hours times the appropriate overtime rate for each call out A shift differential of three dollars ($3.00) per hour premium will automatically apply when the majority of daily hours fall outside the normal working hours of 7:00 a.m. to 3:00 p.m. Collective Agreement

17 11.11 When a statutory holiday occurs during the week, weekly overtime shall be paid for all hours worked in excess of thirtytwo (32) hours per week, exclusive of daily overtime, or twentyfour (24) hours, exclusive of daily overtime, if there are two (2) statutory holidays in a week Provided the employee notifies the Employer at the time of hire, the Employer agrees to respect an employee's wishes with regards to not working certain days of the week or certain hours of the day because of religious convictions. ARTICLE 12 - VACATION TIME AND VACATION PAY All Employees shall be entitled to an amount equal to six percent (6%) of their gross earnings as vacation pay. After five (5) consecutive years of service, employees shall be entitled to an amount equal to eight percent (8%) of their gross earnings as vacation pay The Employer will endeavour to grant vacations at the time requested in the vacation season or period, considering business requirements. As a guideline, employees with the greatest length of service will have first choice of the time to be granted off. Vacation weeks shall be taken consecutively unless the employee and the Employer agree to other arrangements Vacation pay shall be paid on each pay cheque. Collective Agreement

18 ARTICLE 13 - HOLIDAYS AND HOLIDAY PAY Employees shall be entitled to receive an amount equal to four and four tenths of one percent (4.4%) of their gross earnings in lieu of the following eleven (11) holidays: New Year's Day Labour Day Family Day Thanksgiving Day Good Friday British Columbia Day Remembrance Day Christmas Day Victoria Day Boxing Day Canada Day Any additional statutory holidays declared by either the federal or provincial government shall be covered by the provisions of this Article If an employee is required to work on one of the abovementioned holidays, he shall be paid at the rate of two (2) times the regular rate of pay If one of the above-named statutory holiday falls on an employee's regularly scheduled day off, his following regularly scheduled workday shall be his statutory holiday, unless an alternate day is mutually agreed upon between the Employer and the employee A statutory holiday may be rescheduled by mutual agreement between the parties Holiday pay shall be paid on each cheque. Collective Agreement

19 ARTICLE 14 - LAYOFF AND RECALL The Employer agrees to notify the Union office of the names of employees laid off within the pay period of the date during which the lay-off occurred, and where possible, each employee's classification, and latest available phone number and address Any appeal in regard to a lay off must be taken up under the first step of the Grievance Procedure, hereinafter set forth, within fourteen (14) calendar days after the layoff took place Any employee laid off and recalled for work must return after being recalled, or make definite arrangements with the Employer to return. Employees shall inform the Employer if they should leave on vacation or be unavailable for recall during layoff a) Length of service will be deemed consecutive if no lay-off of longer than six (6) months occurs. b) Length of service relates specifically to vacation time and Pension entitlement. ARTICLE 15 - TRANSPORTATION, TRAVEL AND LODGING It is recognized by the Employer and the Union that the purpose of transportation, travel, and lodging allowances as established in this Article is to provide a fair means of compensating employees for additional expenses they incur while working on projects beyond a reasonable distance from their residence. Collective Agreement

20 15.02 For the purposes of this Agreement, the Employer's base of operations is defined as the Lower Mainland between Maple Ridge, Chilliwack and Squamish, or, outside the Lower Mainland, the jobsite There shall be a free travel and subsistence zone established for the Employer's base of operations. In addition to the Lower Mainland free travel zone, there shall be a free travel zone of sixty (60) kilometre radius from a job site outside the Lower Mainland a) For projects whose base of operations is in Employer s base free zone as defined in Article 15.03, there are no travel allowances. b) For projects whose base of operations is defined as the job site, any travel allowances will be agreed to at the Pre-Job Conference outlined in Article 16, based on the following criteria: i) When travel allowance is applicable, the employee will be paid from his home or an established muster point to the job site; ii) Travel allowance will be paid for all projects not accessible by public transportation and all projects to which an employee is sent at the request of the Employer; iii) Travel allowances will be paid at the beginning and end of the project, and also for every shift cycle turn around; Collective Agreement

21 iv) The initial travel allowance will be paid on the employee s first pay cheque. Final travel will be paid on the employee s final pay cheque. The travel allowance earned on each shift cycle turn around will be paid on the first (1st) pay cheque following the shift cycle turn around; v) Employees who quit or are terminated for just cause within their shift cycle will not be entitled to shift cycle turn around or terminal travel allowance; vi) The amount of travel allowances will be subject to Article 16, with the cost of public transportation, the daily travel amount in Article b) and duration of travel as guidelines. The amount will be agreed to on the Pre-Job Memorandum for the project; vii) Travel allowances will not be used in calculating overtime. c) Travel Time On all projects outside the free zone, where an employee transports an Employer's vehicle to the job, such employee will be paid his regular rate of pay for actual time travelled. Such employees will not receive duplicating travel allowances; d) Daily Travel i) Daily travel allowance will be paid on projects outside of the travel free zone, subject to the following conditions: Collective Agreement

22 A) When an employee is required to travel daily to a project, and his permanent, or temporary residence when receiving living-out accommodation allowance, is beyond the sixty (60) kilometre radius from the job site; B) Where the Employer does not provide transportation; C) Where the project is outside the free travel zone established in Article ii) Where the employee uses his own vehicle, the daily travel allowance will be paid an amount, as set out in Schedule A, per kilometre up to the free travel zone. iii) Employees receiving living -out allowance will not be entitled to the daily travel allowance unless the Employer and Union agree that there is no accommodation available within the sixty (60) kilometre radius from the job site. iv) Daily travel allowances will be paid on the employee s regular pay period cheque. e) Living-Out-Allowance i) For projects whose base of operations is in the travel free zone no living- out allowance (LOA) will be paid. ii) For projects whose base of operations is defined as the job site, LOA will be paid to all employees whose Collective Agreement

23 permanent residence is beyond the sixty (60) kilometre radius from the job site unless a daily travel allowance is being paid as per Article or if the Employer requires the employee to be away from his normal place of residence overnight. iii) LOA will be an amount as set out in Schedule A unless otherwise agreed by the parties subject to Article 16. iv) Where camp accommodations are provided, LOA will not be paid. v) The Employer and the Union may agree to reasonable partial LOA where the employee elects to commute to his place of residence or supplies his own living accommodation. vi) On projects where lodging is being supplied for use by the employees, a reasonable partial subsistence LOA will be paid to employees making use of the Employer provided lodging, as determined between the Employer and the Union. vii) LOA will be paid subject to the following conditions: A) When an employee reports for his first scheduled shift; B) All days worked; C) All show up days as defined in Articles and Collective Agreement

24 f) Turnarounds During the course of a project the work schedule may provide for turnaround periods to allow employees reasonable time off. If time and cost reimbursement is applicable, it will be subject to agreement by the Employer and Union. The cost of public transportation will be the guideline For selected projects with peculiar geographic circumstances, the Employer may establish alternative or amended policies for transportation, travel, and lodging. Such alternative or amended policies will be established for the duration of the project and will require the mutual agreement of the Employer and the Union. ARTICLE 16 PROJECT SPECIFIC OR PRE-JOB MEMORANDA a) If necessary, and as per Articles 2.03 and 15.05, a Project Specific Conference will be held to determine site-specific issues. b) The Employer will notify the Union that a project has been awarded to the Employer following the award. Prior to the start of each project, and whenever possible prior to the completion of the bidding process, a Project Specific Conference will be held to determine all site-specific issues as outlined in this Agreement. This conference may be conducted via telephone, through a scheduled meeting or by some other practical means as agreed to by the parties. Collective Agreement

25 c) A copy of the resulting Project Specific Memorandum will be provided to the Employer, the Union, and the job Steward(s). d) When hired on a specific job, employees will sign a copy of the Project Specific Memorandum, acknowledging that they have read, understood, and accept its terms and conditions. ARTICLE 17 - HEALTH AND WELFARE PROGRAM The Employer agrees to pay the amount as set out in Schedule A for all hours worked for each employee towards the Insurance Plan administered by the CLAC Health and Welfare Trust Fund The Employer will remit an amount as outlined in Schedule A for all hours worked by all employees who are residents of BC to the Union for the purpose of BC Medical Services Plan coverage Employees are eligible to receive coverage in accordance with Articles and on the first of the month following three hundred and fifty (350) hours worked. It is the responsibility of the employee to complete the requisite enrolment forms, which are a condition of coverage It is understood and agreed that it is the responsibility of each employee to be familiar with the specific details of coverage, (outlined in Schedule B ) and eligibility requirements of all benefit plans, and that neither the Union nor the Employer has any responsibility for ensuring that all requirements for eligibility or conditions of coverage or entitlement of benefits are met by Collective Agreement

26 the employee, beyond the obligations specifically stipulated in this Agreement. ARTICLE 18 RETIREMENT SAVINGS PLANS Retirement Savings Plan (RSP) a) The Employer agrees to remit to the Union the amount stipulated in Schedule A for all hours worked by each employee, to the Union-sponsored Group Retirement Savings Plan ( RSP ). b) Employees are responsible for completing an Application for Membership, provided by the RSP Plan, in order to register the RSP contributions remitted by the Employer. c) The Employer agrees to deduct, by way of payroll deduction, and remit voluntary employee RSP contributions which are above and beyond those contributions outlined in Schedule A. d) Withdrawals and pay-outs from the RSP Plan will be subject to the applicable laws and terms of that plan. e) Employees will receive statements from the financial institution which administers the RSP Plan in accordance with the rules of that plan. These statements will be mailed to the employees last address on record with the Union Voluntary Pension Plan a) The Employer agrees to contribute a maximum of two percent (2%) of wages as set out in Schedule A for each hour worked to the CLAC Pension Plan ( Pension Plan ), Collective Agreement

27 governed by the CLAC Pension Plan Board of Trustees, for each employee who voluntarily contributes an equivalent amount to the Plan. b) The Pension Plan is a defined contribution, registered pension plan, which is registered with the Canada Revenue Agency and the Financial Services Commission of Ontario under # c) Employees who have completed their first year of employment shall be eligible to participate in the Voluntary Pension Plan. d) The Employer will remit both the employee s and the Employer's contribution to the Plan, as well as an itemized list of those employees who are contributing to the Plan and the amount of their respective contributions. e) The Employer and the Union will cooperate in providing the information required to administer the Plan on the employees behalf. The Plan shall be responsible for informing the employees about the Pension Plan, which includes providing updated account statements of all contributions received, investment returns allocated, and the current account balance. f) The Employer agrees to deduct, by way of payroll deduction, voluntary employee pension contributions which are above and beyond those contributions specified in Schedule A. A request for such deductions shall be submitted to the Employer on a form provided by the Pension Plan and a copy Collective Agreement

28 of the completed form shall be sent to the Union along with the first remittance of such voluntary contributions. g) Employer and employee voluntary contributions will be recorded separately on the remittance Retirement Plan Contribution Details a) The Employer will remit RSP and Pension contributions to the Union as outlined in Article 9. b) The Employer s contributions to the RSP Plan and Pension Plan will be non-refundable once received by the Union and will vest immediately in the employee on whose behalf the deposit was made. c) The total amount of RSP and pension contributions remitted by the Employer, on an employee s behalf, cannot exceed the annual maximum money purchase and RSP contribution limits outlined by the Canada Revenue Agency. The Employer has no obligation to monitor the employee s RSP contribution made outside the employment relationship. For greater clarity, if the employee exceeds the annual maximum money purchase and RSP contribution limits as a result of contributions made outside the employment relationship, the Employer shall not be liable for any tax consequence imposed on the employee. d) The Union acknowledges and agrees that, other than remitting contributions to the RSP and Pension Plans as set out in this Article, the Employer shall not be obligated to contribute toward the cost of retirement benefits provided Collective Agreement

29 by the RSP and Pension Plans or be responsible for providing such benefits. e) The Employer agrees to provide the Union with the social insurance number and current address of all employees on whose behalf contributions are being remitted. ARTICLE 19 - EDUCATION AND TRAINING FUND To further the training of union members, the Employer agrees to remit one half of one percent (0.5%) of gross earnings to the Union s Education and Training Fund. Training funds shall be remitted in accordance with the directions and timelines stipulated in Article 9. ARTICLE 20 - UNION-MANAGEMENT COMMITTEE a) In order to build a cooperative relationship between the Employer, the Union and the employees, committee meetings will be scheduled once every three (3) months, or as required, during the life of this Agreement. The meetings will serve as a forum for discussion and consultation about policies and practices covered by, and not necessarily covered by the Collective Agreement. The areas for discussion may include, but need not be limited to the following: i) hiring policies; ii) discipline and discharge policies; iii) training and promotion; iv) safety measures; v) matters that affect the working conditions of the employees. Collective Agreement

30 b) The Employer and the Union shall each appoint up to three (3) representatives to the Committee. Meeting notes will record the business of each meeting, and copies will be distributed as the Committee determines Employees attending Union-Management meetings during regular working hours shall be entitled to their wages. In the event that such meetings are held outside of regular working hours, the Employer agrees to pay a flat fee of ten dollars ($10.00) to a committee member for each meeting attended The Employer may meet periodically with his employees for the purpose of discussing any matters of mutual interest or concern to the Employer, the Union, and the employees. ARTICLE 21 HEALTH AND SAFETY COMMITTEE a) The Employer agrees to make practicable provisions for the safety and health of its employees on its job sites and shop during the hours of their employment; b) The Union undertakes to give full support to these objectives by promoting a safety consciousness and a personal sense of responsibility amongst its membership; c) It is the intent of the parties to have working conditions that are not unsafe or unhealthy beyond the minimum hazards inherent to the operation of the process in question The Employer will publish safety rules and procedures in a Safety Manual and provide copies to the Union and employees. Collective Agreement

31 21.03 An employee who is injured on the job during working hours, and is required to leave for treatment for such injury, shall receive payment for the remainder of his/her shift An employee who is injured on the job and who requires transportation from the work site to a local physician or hospital shall receive such transportation provided for by the Employer. Should an employee require hospitalization for a period of more than one (1) week, the Employer will provide transportation to an available facility near the employee's home at no cost to the employee All safety matters shall be handled in accordance with the established Workers Compensation procedures and the Employer's Safety Manual Light Duty Work Programs If an employee is injured on the job and requires medical attention, the employee is entitled to Light Duty Work and he shall inform the attending physician of the same. The Employer shall inform the physician of the types of light duty work available to the employee and shall make the same available to the employee with the physician's approval. ARTICLE 22 - LEAVES OF ABSENCE a) The Employer shall grant leaves of absence, without pay, for the following reasons, for a maximum period of two (2) months: i) sickness in the employee s immediate family; ii) death in the employee s immediate family; Collective Agreement

32 iii) birth or adoption of the employee s child; iv) job related training; v) other personal reasons as approved by the Employer. Immediate family is defined as parent, grandparent, sister, brother, son-in-law, daughter-in-law, mother-in-law, fatherin-law, spouse, child, step-child, and step-parent. b) Requests for leaves of absence for educational purposes shall be at the Employer's discretion. In the event of a dispute, the request for leave shall be reviewed and decided by the Union-Management Committee The above shall not preclude extensions for education or personal illness where it is established in an application prior to the expiration of the leave of absence that such request for extension is justified An employee will be granted a three (3) day leave of absence with pay, at the employee s prevailing hourly rate, to make arrangements for and to attend the funeral of the employee's spouse, common law spouse, child, legal dependent, parent parent-in-law, legal guardian, brother, brother-in-law, sister-inlaw, sister, grandparent, grandparent-in-law, and grandchild. Further time may be granted by mutual agreement between the Employer and the employee. To receive such pay the employee must return to work unless notified during the leave of a layoff Following a leave of absence, employees who fail to report back for work as scheduled without giving a justifiable reason will be deemed to have voluntarily quit. Collective Agreement

33 22.05 In no case may an employee be deprived of the leave to which he is entitled under the Employment Standards Act or any other applicable legislation. ARTICLE 23 - GRIEVANCE PROCEDURE Should a dispute arise between the Employer and an employee or the Union, concerning improper discipline or discharge, or a dispute with reference to the interpretation, application, administration or alleged violation of this Agreement, it shall be resolved by the grievance procedure in the manner set out below The parties to this Agreement recognize the Stewards, and the Union Representative specified in Article 5, as the agents through which the employees shall process their grievances Neither the Employer or the Union shall not be required to consider or process any grievance which arose out of any action or condition more than fourteen (14) calendar days after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties hereto relating to the interpretation, application, or administration of this Agreement "Grievance" means a complaint or claim concerning alleged improper discipline or discharge, or a dispute with reference to the interpretation, application, administration or violation of this Agreement. Collective Agreement

34 23.05 A "Group Grievance" is defined as a single grievance signed by a Steward or Union Representative on behalf of a group of employees who have the same complaint. The grievors will be listed on the grievance form Policy Grievance a) A Union Policy Grievance is defined as one which involves a question relating to the interpretation, application, or administration of this Agreement and will be signed by a Representative. b) An Employer "Policy Grievance" is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and will be signed by a representative of the Employer. c) Either party may submit a Policy Grievance directly to Arbitration under Article 24, bypassing Step 1 and Step 2 of the Grievance Procedure As an informal step, an employee is encouraged to make an earnest effort to resolve the issue directly with the Management person to whom the employee reports. The employee may choose to be accompanied by a Steward Step 1 If a grievance is to be filed it will, within the fourteen (14) calendar days referred to in Article above, be reduced to writing and will be presented to the other party s designated representative by the grieving party s designated representative. The party s representative receiving the grievance will notify the other party s representative of their decision in writing no later Collective Agreement

35 than seven (7) calendar days following the day upon which the grievance was received. Step 2 If the grievance is not settled under Step 1, the grieving party s representative will, within seven (7) calendar days of the decision under Step 1, or within seven (7) calendar days of the day this decision should have been made, submit a written grievance to the other party s representative. A meeting will be held between the parties representatives within seven (7) calendar days of the presentation of the written grievance by one party to the other party s representative. The responding party will notify the grieving party of his decision in writing within seven (7) calendar days of such meeting Due to the distances involved, the time limits beyond Step 1 shall remain flexible in order to deal fairly with the grievance. ARTICLE 24 - ARBITRATION If the parties fail to settle the grievance at Step 2 of the Grievance Procedure, the grievance may be referred to arbitration The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) calendar days after receiving the decision given at Step 2 of the Grievance Procedure If a notice of desire to arbitrate is served, the two parties shall attempt to obtain an agreement to refer the matter to an agreed upon single Arbitrator, within fourteen (14) days of service, who Collective Agreement

36 will meet with the authorized representatives of the Union and the Employer in a hearing to ascertain both sides of the case If the parties fail to agree to refer the matter to an agreed single Arbitrator within seven (7) days of service as aforesaid, either Party may request the Minister of Labour to appoint a single Arbitrator Notice of desire to arbitrate and of nominations of an Arbitrator shall be served personally, by fax, by or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an Arbitrator, the party not in default may apply to the Minster of Labour to appoint an Arbitrator to hear the grievance. The decision of the Arbitrator shall be final and binding upon both parties The decision of the Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith It is agreed that the Arbitrator shall have the jurisdiction, power, and authority to give relief for default in complying with the time limits set out in Articles 23 and 24 where it appears that the default was owing to a reliance upon the words or conduct of the other party. Collective Agreement

37 24.09 Should the parties disagree as to the meaning of the Arbitrator s decision, either party may apply to the Arbitrator to clarify the decision An Arbitrator shall be empowered to render his decision or interpretation consistent with the provisions of this Agreement The parties will equally bear the expense of the Arbitrator. ARTICLE 25 - WARNING, SUSPENSION, AND DISCHARGE In all instances of disciplinary action to be recorded in an employee's file, or in instances of on-site drug and alcohol testing, the affected employee shall have an available Steward or another available employee of his choice present at the meeting, or decline this right in writing An employee may be disciplined or discharged for just cause by the Employer. Just cause may include, but is not limited to: the refusal by an employee to abide by safety regulations; the failure of an employee to report for work at the appointed time on a consistent and reliable basis; dishonesty, theft, insubordinate or antithetical behaviour; the use of alcohol or illegal drugs while on the Employer s premises or during regular working hours; reporting for work while under the influence of alcohol or illegal drugs, or the possession of such substances while on the job site; the refusal by the employee to abide by the requirements of the Employer's clients; Collective Agreement

38 the refusal by the employee to abide by the requirements of the Employer's rules, regulations, policies, and practices The parties agree to abide by the principles of progressive discipline. Progressive discipline is designed to assist an employee to change behaviour and/or performance. Depending on the nature and severity of the infraction, and taking into account mitigating and aggravating factors, progressive discipline will be managed as outlined below: a) Step One: Verbal Warning A disciplinary action that is intended to draw an employee s attention to his misconduct. b) Step Two: Written Warning A statement given to an employee by a delegated manager or supervisor outlining: the nature of the misconduct; the corrective action expected of the employee; and a description of the disciplinary action that may be taken if the misconduct continues. c) Step Three: Suspension An enforced, temporary removal of an employee from duty without pay. d) Final Step: Termination The enforced cessation of employment When the behaviour or performance of an employee calls for disciplinary action by the Employer, and it is determined that a Collective Agreement

39 record of warning is necessary, notice of the discipline shall be given by the delegated manager or supervisor in writing. The delegated manager or supervisor shall give a copy of the discipline notice to the appropriate Steward and Union Representative. ARTICLE 26 GENDER CLAUSE Where the masculine gender is used in this Agreement, it will be considered to include the feminine gender. ARTICLE 27 - DURATION This Agreement shall be effective the first (1 st ) day of January, two thousand fifteen (2015), and shall remain in effect until the thirty-first (31 st ) day of December, two thousand seventeen (2017), and for further periods of one (1) year, unless notice is given by either party of the desire to delete, change, or amend any of the provisions contained herein, within the period from one-hundred and twenty (120) to sixty (60) days prior to the renewal date. Failure of either party to give such notice shall mean that this Agreement shall continue until the parties renew, revise or reach a new Agreement Should negotiations not be completed prior to the expiration date of this Agreement all negotiated items will be retroactive from the date of signing to the expiration date of the expired agreement. Until a new agreement has been concluded, all provisions in this Agreement will remain in full force and effect. Collective Agreement

40 27.03 The parties agree to exclude Sections 50(2) and (3) of the Labour Relations Code. DATED at L[,../\ 1 \{ 1 1 BC this t 4 ~ day of J 01 ""' SIGNED on behalf of J. PHOENIX EPC MANAGEMENT GROUP INC. SIGNED on behalf of CONSTRUCTION AND ALLIED WORKERS' UNION, LOCAL 68, AFFILIATED WITH THE CHRISTIAN LABOUR ASSOCIATION OF CANADA Authorized Representative Authorized BC Representative Collective Agreement

41 SCHEDULE A CLASSIFICATIONS AND HOURLY RATES-2015 Classification Rate effective RSP H & W Vac/Stat *Pension MSP Jan 1, % Benefits 10.4% matching 2% Total ETF Heavy Duty Mechanic $35.43 $1.42 $1.46 $3.68 $0.71 $0.60 $43.30 $0.17 Mechanic $32.60 $1.30 $1.46 $3.39 $0.65 $0.60 $40.01 $0.16 Sr. Equip Operator $34.44 $1.38 $1.46 $3.58 $0.69 $0.60 $42.14 $0.17 Lg. Equip Operator $31.98 $1.28 $1.46 $3.33 $0.64 $0.60 $39.29 $0.16 Sm. Equip Operator $26.41 $1.06 $1.46 $2.75 $0.53 $0.60 $32.80 $0.13 Crane Operator 8-74 tonnne $34.93 $1.40 $1.46 $3.63 $0.70 $0.60 $42.71 $0.17 Crane Operator tonne $38.30 $1.53 $1.46 $3.98 $0.77 $0.60 $46.64 $0.19 Crane Operator tonne $40.59 $1.62 $1.46 $4.22 $0.81 $0.60 $49.30 $0.20 Sr. Labourer $32.11 $1.28 $1.46 $3.34 $0.64 $0.60 $39.43 $0.16 Skilled Labourer $28.24 $1.13 $1.46 $2.94 $0.56 $0.60 $34.93 $0.14 Labourer $21.74 $0.87 $1.46 $2.26 $0.43 $0.60 $27.37 $0.11 Sr. Truck Driver $31.50 $1.26 $1.46 $3.28 $0.63 $0.60 $38.73 $0.16 Truck Driver $29.58 $1.18 $1.46 $3.08 $0.59 $0.60 $36.49 $0.15 Carpenter $32.60 $1.30 $1.46 $3.39 $0.65 $0.60 $40.01 $0.16 Formsetter $30.73 $1.23 $1.46 $3.20 $0.61 $0.60 $37.83 $0.15 Pipefitter $32.60 $1.30 $1.46 $3.39 $0.65 $0.60 $40.01 $0.16 *Pension is voluntary as per article 18. Schedule A