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The Union and the Empl all changes herein.Dated at Edmonton, Alberta this FOR THE Maloney Marc Beauregard International Vice President Vice Chairman, Board of Directors __________ J.W.Schel President appendix for each day worked or reported for work, by the
Current (c) becomes (b)
Current (d) becomes (c)
Current (e) becomes (d)
20:05 Replace current language with the following: (Hold This Article)
Subject to Articles 20:01 and 20:02, except as defined in the following, subsistence allowance shall be paid for waiting time, inclement weather or a Recognized Holiday which falls on a scheduled work day other than a Monday or Friday (Thursday where a compressed work week schedule is in effect) provided the Employee reports for work on the work day immediately
The above forfeiture of subsistence allowance shall be waived when the employee's absenteeism on any working day as outlined above, is due to a bona fide illness or absence is due to compassionate grounds satisfactory to the Employer and the Union.
Forfeiture of subsistence allowance may also be waived in other cases if the reason for absenteeism is acceptable to the Employer.ARTICLE 32:02
IMPLEMENTATION, DURATION AND RENEWAL OF AGREEMENTNew Article: This Appendix shall remain in force and effect until June 30, 2007 and from year to year thereafter unless either party shall, at least ninety (90) days prior to any anniversary date thereafter, notify the other party to this Agreement in writing of any proposed changes in this Agreement.(a)
Journeyman Wage, Pension, Health and Welfare, UnionPromotion, Educational
See Appendices I and II attached for breakdown and Monetary Summary.(f)
Subsistence: Article 20:00 herein has not been agreed to by the Union, as it represents the position of the B.C.A.
The Union position is to remain status quo on language an The parties agree to the following process to deal with this issue:
(1) The parties will continue dialog (2) The parties agree to monitor an existing Arbitration by another trade on the same subject matter.
Once a final written resolution is ies agree to meet one final time.
The published Arbitration Award referred to herein is not binding on either party.
(3) After the final meeting referred to above, should the parties not reach an agreement on this subject, either party may request that this matter be directed to final and binding arbitration. APPENDIX II SASKATCHEWAN AND NORTHWEST TERRITORIES WAGE AND BENEFIT SCHEDULE EFFECTIVE DATE Feb.5 July 2
(See Memorandum)* Article 1:00PURPOSE6 2:00RECOGNITION AND CRAFT JURISDICTION6 3:00MANAGEMENT RIGHTS7 4:00UNION SECURITY AND DUES COLLECTION8 5:00NO STRIKES OR LOCKOUTS10 6:00JURISDICTIONAL DISPUTES10 7:00WORKING CONDITIONS, SAFETY MEASURES, HEALTH 11AND SANITATION 8:00WELDING TESTS12 9:00ACCESS TO PROCEDURE1412:00EMPLOYER, UNION OF WORK1615:00SHIFT HOLIDAYS1618:00WAITING AND REPORTING TIME1819:00TRAVELLING EXPENSES1820:00SUBSISTENCE ALLOWANCE1821:00VACATION WITH PAY1822:00PAY DAY1823:00WAGES1924:00PROVINCIAL AND FEDERAL LAWS1925:00BOILERMAKERS' NATIONAL HEALTH AND WELFARE FUND (CANADA)2026:00BOILERMAKERS' NATIONAL PENSION FUND (CANADA)2027:00APPRENTICES AND APPRENTICESHIP FUND2028:00EDUCATIONAL TRAINING FUND2129:00EMPLOYERS' TESTING2229:03PARTICIPATION AGREEMENT2230:00TANK WORK EMPLOYERS2331:00ADMINISTRATION OF AGREEMENT2332:00IMPLEMENTATION, DURATION AND RENEWAL OF AGREEMENT2333:00SUBMISSION OF DUES AND OTHER CONTRIBUTIONS2434:00BUILDING TRADE AND OTHER CONTRIBUTIONS 2535:00ENABLING OF CRAFT JURISDICTION28LETTER REFERRED TO IN ARTICLE 29:0030
LETTER REFERRED TO IN ARTICLE 30:00
32A P P E N D I C E AND BENEFIT SCHEDULEE - 114:00HOURS OF WORK E - 215:00SHIFT WORKE - 316:00OVERTIMEE - 318:00WAITING AND REPORTING TIMEE - 419:00 TRAVELLING EXPENSESE - 520:00SUBSISTENCE ALLOWANCEE - 832:00IMPLEMENTATION, DURATION AND RENEWAL OF AGREEMENTE - 9ADDENDUM:
Unscheduled Emergency Maintenance and Repair WorkE -10(New Brunswick, Nova Scotia and AND BENEFIT SCHEDULEF - 114:00HOURS OF WORKF - 215:00SHIFT WORKF - 316:00OVERTIMEF - 318:00WAITING AND REPORTING TIMEF - 419:00TRAVELLING EXPENSESF - 520:00SUBSISTENCE ALLOWANCEF - 832:00IMPLEMENTATION, DURATION AND RENEWAL OF AGREEMENTF - 9ADDENDUM:
Unscheduled Emergency Maintenance and Repair WorkE -10(New Brunswick, Nova Scotia and AND BENEFIT SCHEDULEG - 114:00HOURS OF WORKG - 215:00SHIFT WORKG - 316:00OVERTIMEG - 318:00WAITING AND REPORTING TIMEG - 419:00TRAVELLING EXPENSESG - 520:00SUBSISTENCE ALLOWANCEG - 732:00IMPLEMENTATION, DURATION AND RENEWAL OF AGREEMENTG - 8ADDENDUM:
Unscheduled Emergency Maintenance and Repair WorkE -10(New Brunswick, Nova Scotia and AND BENEFIT SCHEDULEH - 1 1:00PURPOSEH - 214:00HOURS OF WORKH - 215:00SHIFT WORKH - 316:00OVERTIMEH - 318:00WAITING AND REPORTING TIMEH - 419:00TRAVELLING EXPENSESH - 520:00SUBSISTENCE ALLOWANCEH - 832:00IMPLEMENTATION, DURATION AND RENEWAL OF AGREEMENTH - 9ARTICLE1:00The purpose of this Agreement is to govern wages and working conditions so asto promote orderly harmonious relations between the Employer and its employees andthe Union agrees to cooperate with and assist the Employer in every legitimate way toconduct a successful business, bearing in mind that both parties must give service to thepublic.The parties agree that the Memorandum of Agreement dated July 15, 2004 formsa part of this Agreement.
Additional Memorandums of Agreement specific to ApplicableProvincial Appendices shall be referred to in such Employer recognizes the Union as the sole collective bargaining agency forhourly rated employees employed on field construction, erection, rigging, field fabrication,unloading and work involving assembling, dismantling and demolition performed by theEmployer within the jurisdiction of the Union.The Employer recognizes the jurisdictional claims of the Union as provided for inthe Charter Grant issued by the American Federation of Labour to the InternationalBrotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, itbeing understood that the claims are subject to trade agreements and final decisions ofthe A.F.L.-C.I.O.
as well as the decisions rendered by the Impartial JurisdictionalDisputes Board.For the purpose of clarification, the jurisdictional claims of the Union are containedin the Addendum attached hereto."Employees" as used herein means employees of the Employer engaged in suchwork in Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Nova Scotia, PrinceEdward Island, Newfoundland and Labrador and the Northwest Territories.This Agreement does not apply to work which is performed by the Employer in theEmployer's plant.This Agreement shall not apply to timekeepers, engineers, field office and clericalworkers, or to employees above the rank of general foreman.When a tool crib is established by an Employer on a job on which his work ispredominantly Boilermaker jurisdiction, and an attendant is required, he shall be amember of the Union.
The necessity of a tool crib and/or an attendant will be determinedby the Employer.(b)In cases where local residents are afforded priority of employment, throughEmployer requested name hire, such employment shall be considered a namehire.(c)The Employer and Union agree that there will be a uniform application of theName Hire and transfer provisions in all local lodges.
Transferred employees whowere initially name hired shall retain such status upon transfer.(d) All name hire requests shall be made in writing (including FAX), to the Union.Refer to Alberta Appendix for additional written information required in thatProvince.(e) On crews of six (6) members or less (including the Foreman) the Foreman shallbe allowed to work with the tools.
The Union recognizes that there may besituations where a General Foreman, Foreman, or Assistant Foreman is requiredto work with the tools to provide instructions on work procedures or where safetyis a compelling Employer agrees to employ as employees, members of the Union in theperformance of all work within the scope of this Agreement and to continue in its employ,only employees who are members in good standing with the Union.
Except as otherwiseprovided, all such employees shall be hired through the Union offices.
The Employershall advise the appropriate Union office, in advance of the start of a job, except in casesof emergency work where the Employer is unable to contact the Union office in whichcase he may commence work and notify the Union office as soon as possible.The Union agrees to furnish competent available workmen to the Employer onrequest, provided however, that the Employer shall have the right to determine thecompetency and qualifications of its employees and to discharge any employee for anyjust and sufficient cause.
The Employer shall not discriminate against any employee byreason of his membership in the Union or his participation in its lawful activities
.The parties recognize that we are in a highly competitive industry and to maintainand enhance our market share, Boilermakers and Supervisory Personnel mustcontinuously train and upgrade to perform the diversified tasks required of them.TheParties will make every effort to provide the necessary training and education programsand will encourage full participation.After the Employer has requested the Union office to furnish workmen to performwork within the scope of this Agreement, and the required number of workmen are notfurnished:(i)within two working days in cities in which the Local Lodge maintains its HeadOffice, from that area;(ii)within three working days in other areas; after the date for which the workmen arerequested, the Employer shall have the right to procure and retain until layoff therequired number of workmen from other available sources, provided that theEmployer shall notify the Union office when exercising this right.It shall be the Employer's responsibility to notify the Job Steward, and theemployee(s) who are being laid off, no later than one (1) hour prior to layoff.ARTICLE5:00STRIKESThe Union agrees that there will be no strike or other collective action which willstop or interfere with production, and that if any such collective action should be taken, itwill instruct those of its members who participate in such collective action to carry out theprovisions of this Agreement and return to work and perform their work in a manneracceptable to the Employer.The Employer agrees that it will not cause or direct any lock-out of > (a)It is incumbent on all Contractors and Subcontractors to assign work inaccordance with Contractors responsibility set forth in procedural rules andregulations for the Plan for Settlement of Jurisdictional Disputes in theconstruction industry covering the United States and Canada as amendedthrough December 2002. (b)The Union shall utilize the procedural rules and regulations for the Plan for thesettlement of Jurisdictional Disputes in the construction industry to the extent thatit is sanctioned by the International Union.(c)Subject to the above provisions and those set forth in 6:03, it is understood andagreed that jurisdictional disputes shall not be the subject of a grievance underthis agreement, but shall be dealt with as provided herein.When a jurisdictional dispute exists between unions and upon request by theUnion, the Employer shall furnish the International Offices of the Union, a signed letter onEmployer stationery, stating that Boilermakers were employed on specific types of workon a given project.(i)
When an Employer makes a work assignment that is challenged by the Unionand referred to the Canadian Plan and the Arbitrator rules in favour of the Union,the ruling shall be implemented immediately.(ii) Should the same Employer assign the identical work, contrary to the Arbitratorsoriginal ruling and the work assignment is once again challenged by the Unionand referred to the Canadian Plan and the Arbitrator again finds in favour of theUnion, the Employer will be subject to the Arbitration procedure Article 13:02.(iii) The Arbitrator shall be empowered to award damages where the Employer failsto establish a course of proper due diligence in following Article 6:01 (a) and (b).The Employer will provide plug-ins when such has been found to be practicable onthe project, otherwise he will assist employees in starting their cars if required due to coldweather.The Union agrees to provide the Employer with qualified employees (includingApprentices) when requested, to perform manwatch duties when required and when suchmanwatch is within the Employer's control.Special provisions are applicable for safety orientation in the Province ofSaskatchewan.These are set out in the Appendix.The Parties agree that the Canadian Model for Providing a Safe Workplace Alcohol and Drug Guidelines and Work Rule will apply on all work sites.ARTICLE8:00WELDINGAny welder possessing a current Provincial Government welding certificate ofqualification, who is required to take a Provincial Government test, shall be paid for timerequired to take the test including materials and inspector fees.
In the Provinces ofAlberta and New Brunswick, employees who are required by the Employer to have aspecialty Provincial Government welding ticket(s) (or equivalent) at the time of hire, shallhave the required ticket(s), for the job, valid at the time of termination.Should a secondary test be required by the Employer, the employee shall be paidfor the time required to take such a test.When a welder is required to perform a test of a type other than a standardProvincial test, the Employer shall, on request, make available suitable material to allow abrief period of practice prior to taking the actual test.Any welder possessing a current Provincial Government welding certificate ofqualification, who is instructed to proceed to take tests, necessitating his having to traveloutside of the city limits of the city in which he resides or is employed, shall bereimbursed in an amount necessary to compensate him for travelling time, transportation,travel expenses, subsistence allowance, if applicable.The Employer and the Union willcommunicate and mutually agree to related costs and test location(s) before proceedingwith the testing.Welders passing a test will be furnished a copy of the test papers from theEmployer or party requiring the test within thirty (30) days, or upon completion of the job,The Steward shall not be discriminated against and shall receive his fair share ofovertime work for which he is qualified.
When any part of a crew is required to performwork on overtime or on bad weather days, and the Steward has been performing the typeof work involved during the preceding regular shift, he shall be included in such requiredovertime or bad weather working time.ARTICLE11:00- GRIEVANCEIt is the mutual desire of the parties hereto, that complaints of employees shall beadjusted as quickly as possible.
The Foreman or Supervisor shall be given theopportunity to adjust a complaint.
When a complaint is reduced to writing it shall betermed a grievance.Grievance shall mean any difference or dispute concerning the interpretation,application, administration or alleged violation of the Collective Agreement.If a complaint is not settled in accordance with 11:01 above within three (3)working days, the matter shall be reduced to writing within ten (10) working days from theincident giving rise to the complaint.After receipt of the grievance, the Employer shall give his reply in writing to theBusiness Manager within ten (10) working days.If the matter is still not resolved then theBusiness Manager or his Assistant shall advise the Employer within ten (10)
workingdays.Within ten (10) working days of receipt of notification from the Business Managerin 11:04, the grievance shall be discussed at a meeting between the Business Manageror his Assistant and a Representative of the Employer.
After this meeting, the Employershall give his answer to the Business Manager in writing within ten (10) working days.If the Employer's answer in 11:05 is unacceptable, the grievance shall then bediscussed within a further five (5) working days at a meeting of the International Vice-President or his designated Representative and a Representative of the Employer.
If thematter is not resolved within these five (5) working days, the matter shall be referred tothe next step as outlined in 11:07.Before proceeding to Arbitration, the parties shall advise an authorizedrepresentative of the Boilermaker Contractors' Association of the details.
At the requestof either party, the grievance may be discussed between an International Officer of theUnion and an authorized representative of the Boilermaker Contractors' Association inIt is understood and agreed that any of the time limits herein may be extended bymutual agreement in writing.
In this Article, Saturday, Sunday, and Recognized Holidaysshall not be counted as working days.ARTICLE13:00ARBITRATIONThe parties to this Agreement agree that any grievance which has been properlycarried through all of the steps of the grievance procedure outlined in Articles 11 or 12, asapplicable, shall be referred to Arbitration within twenty-one (21) working days aftercompletion of 11:07 or 12:04 as applicable.When either party requests that a grievance be submitted to Arbitration, it shallmake such a request in writing addressed to the other party to this Agreement, with acopy to the Boilermaker Contractors' Association.
Within ten (10) working days ofreceipt of notice to proceed to Arbitration, the Boilermaker Contractors' Association willadvise both parties of the Arbitrator, together with the time and place of Arbitration.The International Vice-Presidents together with the Boilermaker Contractors'Association will establish a list of acceptable Arbitrators.
The single Arbitrator will bechosen in rotation from this list.Both parties shall share equally the expenses and fees of the Arbitrator.The Arbitrator shall not be authorized to make any decision inconsistent with theprovisions of this Agreement, nor to alter, modify or amend any part of this Agreement.The decision of the Arbitrator shall be final and binding upon the parties hereto.ARTICLE14:00Hours of Work shall be defined in the Appendix for the Applicable Province.ARTICLE15:00Shift Work shall be defined in the Appendix for the Applicable shall be defined in the Appendix for the Applicable employees covered by this Agreement shall be entitled to time off for theRecognized Holidays.
The pay allowance as provided for in the appropriate and Reporting Time shall be defined in the Appendix for the Expenses shall be defined in the Appendix for the Applicable an employee chooses to leave before the completion of the shift without theconsent of the employer he will not be entitled to subsistence allowance for that day (andmay be subject to other disciplinary or corrective measures).If an employee chooses toleave
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