collective agreement

Appendix B - Atlantic Region

The following conditions shall apply to work performed in the provinces of Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick. 

The following modifications to the collective agreement apply to the Province of Newfoundland. References in the collective agreement and Appendix “B” to the “QCCC member” are deemed to include employees under this agreement represented by the Newfoundland Unions. 

With respect to work undertaken within the Commercial and Industrial sector of the Construction Industry in the Province of Nova Scotia, the Quality Control Agreement has been signed by the Construction Management Bureau Limited, as the employers’ accredited bargaining agent under Part II of the Nova Scotia Trade Union Act.

3.02 - NEW EMPLOYEES

(a) The Employer agrees to engage employees through the services of the Council as hereinafter described. The Council shall maintain at a designated office a current list of persons seeking employment and their qualifications, addresses and telephone numbers. Prior to hiring a new employee, the Employer shall contact the designated office and give preference to hiring the qualified members on the list. A telephone reference shall be sufficient.

Employee information forms will be forwarded to the QCCC representative on the first business day following commencement of employment.

3.03(b) The Employer shall be entitled to hire and train persons for work as technicians or trainees, although such persons may not, at the time of hiring, be members of one of the affiliated Unions. However, following the hiring of any employee within the scope of this Agreement who is or who is not a member of one of the affiliated Unions, the Employer shall advise the designated Council office of the new employee(s) no later than the next business day and provided each new employee(s) is not a member of one of the affiliated Unions he/she may be employed for a probationary period of thirty (30) days for new employees during which period he/she may be disciplined or discharged without recourse to the grievance procedure. The foregoing probationary periods may be satisfied by a total of thirty (30) worked days for the same Employer within a period of six (6) consecutive months. Following completion of the probationary period, or within ninety (90) days of the signing of this Agreement, all employees shall be required to apply for membership in one of the affiliated Unions as hereinafter described.


ARTICLE VI - WORK DAY & WORK WEEK

6.01 The normal work week shall be forty (40) hours, however, this shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week, except as provided for in Article XI or Standby Time.

6.02 Overtime rates shall apply for all work performed beyond eight (8) hours in any normal shift and there shall be a ten (10) minute coffee break at the commencement of overtime.

6.03 The normal shifts shall be as follows:

(a) A normal shift will be any shift commencing at/or between the hours of 6:00 A.M. and 1:00 P.M. as required. There will be a thirty (30) minute unpaid lunch break and a ten (10) minute paid coffee break for each four (4) hours worked. For normal shifts commencing at or between the hours of 10:00 A.M. and 1:00 P.M., overtime will apply to all hours worked beyond 6:30 P.M.

(b) A Shift Premium of fifteen per cent (15%) of the employee's straight time base rate will be added to the employee's wages for all hours worked on any shift commencing at times other than described above.

(c) A shift commencing at 10:00 p.m. or later on a given day will be considered to have started on the following day. 

(d) On work performed on-site as part of new construction or revamp work or a scheduled maintenance shutdown covered by an on-site building trades agreement, where an employee is required to work on one (1) shift for more than five (5) days, if the employees shift is changed from one shift to another shift, with less than twenty four (24) hours notice, he shall be paid the applicable overtime rate for the first shift worked on the new schedule.

Flexible Work Week

Where a flexible work week has been agreed upon between the Employer and the QCCC Area Representative, four (4) consecutive ten (10) hour normal shifts Monday through Friday, double time (2x) shall be paid after ten (10) hours. Time and one-half (1½) shall be paid for the first ten (10) hours on a fifth working day, with double time (2x) thereafter. In such cases where a recognized holiday falls during a flexible work week, overtime shall be paid after thirty (30) hours worked.


ARTICLE VII - OVERTIME

7.01 

(a) Overtime work performed shall be paid for under the following provisions:

Monday through Friday – Time and one-half (1½) shall be paid for the first two (2) hours with double (2x) time thereafter before the addition of shift differential where applicable.

Saturday – Time and one-half (1½) shall be paid for the first eight (8) hours with double (2x) time thereafter before the addition of shift differential where applicable.

Sunday – Double (2x) time shall be paid for all hours worked before the addition of shift differential where applicable.

Recognized Holidays – Double (2x) time shall be paid for all hours worked.

(b) (i) Overtime work shall be paid at double time on work performed by building trades workers entitled to double time rates on the following.

− New construction.
− Repair or revamp
− Work on equipment not operating during a scheduled maintenance shutdown because of the shutdown.

(ii) Overtime work performed under an ongoing maintenance contract will be paid at the otherwise applicable rate. 

An employee who is working on contract maintenance, prior to and during the shutdown period, shall not be moved from ii) to i) unless the QCCC is unable to supply a qualified local employee within a reasonable time. 

Employees moved from contract maintenance to the shutdown shall receive double time for all overtime for the duration of the shutdown period.

(iii) The overtime rate shall also be double (2x) time where the work is performed in a fabrication shop or industrial plant in which the regular employees are paid double (2x) time for all overtime.

7.03 Maximum overtime rates not to exceed one and one-half (1½) times regular rates on field pipeline work of a duration greater than three (3) days except on a pipeline built under the United Association Pipeline Agreement for Canada under "The Pipeline Service and Maintenance Agreement" and the "UA Distribution Agreement", while those agreements have been amended to provide for double (2x) time for overtime for Sundays and Statutory holidays.

7.04 When an employee works more than ten (10) hours, a free meal (hot when possible) and beverage will be provided by the Employer immediately after the conclusion of ten (10) hours, and at each four (4) hour interval thereafter. The employee shall be allowed a thirty (30) minute meal break and shall be compensated at the applicable rate of pay. Travel time shall be considered as time worked for the purposes of this clause. 

When such meals are not provided, the employee so affected shall receive a meal allowance in the amount of twenty dollars ($20.00) in lieu of such meal but will be entitled to have a coffee break. 

It is agreed that Article 7.04 does not apply to pipeline work or to work where an employee has been told prior to his dispatch to a job that the hours of work will exceed ten (10) hours per day and the employee and the Employer have agreed to an allowance in lieu of expense and meal allowance claims. 

It is understood that when subsistence allowance is paid, it must include the cost of three (3) square meals each normal working day. When an employee is assigned to a job where more than ten (10) hours is scheduled, then the subsistence allowance shall be calculated to include the cost of the extra meals as provided in Article 7.04.


ARTICLE IX - EXPENSES, TRAVEL, AND STANDBY TIME

9.01 When an employee is required to report for work in the Employer's shop he shall not receive any compensation for the time spent in travel to and from his residence. 

9.02 When an employee is required to report for work to a job away from the Employer's shop and the job is located in an area where the employee can commute daily between his normal place of residence and the job, he shall be paid his applicable rate of pay for the time spent in commuting. In all such cases, the time spent in travelling shall be measured as follows:

(a) Where a fixed travel time allowance has been negotiated for the project between the owner or general contractor and the Boilermakers or the United Association, the greater of those shall be paid provided it is known before the NDT bids are submitted.

(b) In all other cases as follows:

(i) from the Employer's shop to which he was assigned on hire provided that with respect to a construction project for the purposes of this clause the shop must have been established one (1) year before the job was contracted, or
(ii) from the municipal office in the municipality in which the employee is domiciled, whichever is the lesser.

Where the Employer does not have a local shop the travel time shall be paid from the employee's home.

9.03 When an employee is required to report for work to a job away from the Employer's shop and the job is located in an area where the employee cannot reasonably commute daily to his normal place of residence, he shall be paid his regular rate of pay for the time spent in travelling as follows:

(a) Move-in and Move-Out – at the commencement and conclusion of his work on the project, for travelling time from the employer's shop or agreed point of hire, as the case may be, to a maximum of twelve (12) hours per day on a combination of air and taxi transportation. This travel time shall be considered as time worked and overtime rates shall apply where applicable.

(b) Daily Travel – he shall travel to and from the assigned living accommodation on the Employer's time.

(c) All travel time shall apply to both driver and passengers.

When an employee is moving the Employer's vehicle or is being paid mileage allowance to drive his own vehicle to and from a job site the time spent in travel shall be considered as time worked.

9.04 A standby day is a day for which work was scheduled but not performed at the direction of the customer. The employee shall be paid five (5) hours' pay at the applicable rate for a standby day where approved in writing by the customer; provided that where an employee is required to remain at the work site and that requirement is approved in writing by the customer, the day shall be a regular work day and not a standby day even though no work is performed. An employee shall not be entitled to payment under both Article 9.04 and Article XI.

9.05 Employees will be reimbursed for travel expenses to and from the Employer's shop to the job site as directed on the following basis:

Employees who are requested to and agree to use their personal vehicle will be reimbursed at a rate equal to the current average CRA guidelines. This allowance is currently $.47 per km.

No employee shall be discharged for refusing to drive his own vehicle for transportation from the Employer's shop to the job site. 

The on-site offices or trailers shall not be considered as the Employer's shop except for jobs where employees are being paid living expenses according to Article 9.06 or 9.07.

9.06 Room, board and travel expenses for an employee who cannot reasonably return daily to his normal place of residence shall be paid as follows:

(a) Where camp accommodation is provided, no subsistence allowance will be paid to any employee.

(b) Where no camp accommodation is available, the Employer shall provide room and board as follows:

(i) in a customarily acceptable hotel or commercial lodging; or
(ii) a minimum subsistence allowance will be paid as follows:

May 1, 2006: $115.00 - $70.00 per night in hotel plus $45.00 per working day for meals.
May 1, 2007: $119.00 - $74.00 per night in hotel plus $45.00 per working day for meals.
May 1, 2008: $123.00 - $78.00 per night in hotel plus $45.00 per working day for meals.
(Meal allowance portion of the LOA be linked to CRA guidelines) (similar to vehicle expense)

The employee may elect (ii) instead of (i) provided he makes communication arrangements satisfactory to the Employer and provided that does not increase the Employer's travel time liability.

9.07 On pipeline projects not covered by APPENDIX “F”, Article 9.06 shall apply.

9.09 At no time will an employee be required to use his own money to provide his own room and board when working away from his normal place of residence on the direction of the Employer.

9.10 Maximum overtime rate for time spent in travel shall be time and one half (1½). Travel time shall not be used for computing double time for article 7.01 of this appendix. The employee shall have the right to refuse to drive after twelve (12) hours in one day.


ARTICLE XI - REPORTING FOR WORK

11.01 An employee reporting for work at the scheduled starting time, unless notified the previous day not to report, and for whom no work is available shall receive four (4) hours' pay at the applicable rate. An employee who is only paid four (4) hours' pay for each of three (3) scheduled days may, commencing with the third day, request and be granted a layoff.

11.02 An employee reporting for work and commences work and is then sent home by the Employer during his first half shift shall receive not less than four (4) hours' pay for the period spent at work. 

An employee who has completed the first half of his shift and reports for work and commences work on the second half of his shift and is then sent home by the Employer shall receive not less than eight (8) hours' pay for the entire shift. This paragraph does not apply to work in fabrication shops. This paragraph shall apply to work performed as part of construction, revamp work, or scheduled maintenance shutdown covered by an on site building trades agreement as set out in 7.01(b).


ARTICLE XII - RECOGNIZED HOLIDAYS

12.01 (a) The holidays shall be as follows:

New Year’s Day
Good Friday 
Victoria Day 
Canada Day 
1st Monday in August 
Labour Day 
Thanksgiving Day 
Remembrance Day
Christmas Day
Boxing Day
1 Floater

(b) Payment for such holidays shall be by way of an addition of four percent (4%) of gross earnings paid on each pay cheque.

12.02 If any of the said holidays falls on other than a working day then the holiday will be celebrated on what would otherwise be the preceding or following working day subject to the customer's requirements.

12.03 The employees who work on any of the above-noted holidays shall be paid the overtime pay required by Article 7.01.


ARTICLE XIII - VACATION PAY

13.01 All employees covered by this Agreement shall be entitled to and receive annual vacation pay as follows:

(a) All employees shall be paid vacation pay at the rate of six percent (6%) of their gross earnings. An employee with more than one (1) year's service with the Employer shall be entitled to a four (4) week vacation annually.

(b) Accrued vacation pay shall be paid prior to the commencement of the employee's vacation (or, at the written request of the employee, will be paid each pay period), or upon layoff or termination in accordance with Article 14.02.

13.02 The vacation time shall be taken at a time or times mutually agreed between the employee and the Employer or upon 3 weeks notice by the employee.


15.01 - INDUSTRY TRAINING FEES AND UPGRADING

(a) The employer shall contribute twenty-five cents (25¢) per hour worked into the Atlantic Region NDT Industry Training and Upgrading Fund which shall be a trusteed fund with a equal number of trustees appointed by management and appointed by the Council. The fund shall be responsible for the payment of the following for employees in the Atlantic Region:

1. Renewal fees.
2. CGSB Application and Examination Fees and CWB Certification Fees.
3. CEDO Application and Examination Fees.
4. Training and upgrading to qualify for the CGSB, CEDO and CWB examinations.
5. or any other expense approved by the Trustees as set out in the Trust Agreement.