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Appendix C - Central Region |
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The following conditions shall apply to work performed in the
province of Ontario.
3.02 New Employees
(a) (i) 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 employees 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.
(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 or she may be employed for a probationary period of
thirty (30) days during which period he may be disciplined or
discharged without recourse to the grievance procedure. The
foregoing probationary period may be satisfied by thirty (30)
days worked 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, except as provided for in Article
X1 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.
Where a flexible work week has been agreed 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.
Saturday and Sunday as per the Collective Agreement.
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
such 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 percent (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) On work performed on site as part of construction, revamp
work, or 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
employee's shift is changed from one shift to another shift,
with less than twenty-four (24) hours' notice he shall be paid
at the applicable overtime rate for the first shift worked on
the new schedule.
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. This
overtime rate shall be double (2x) time on that work to which
Article 7.01(b) applies.
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 (b)(ii)
to (b)(I) unless the QCCC is unable to supply a qualified
local employee within a reasonable period of time.
Employees moved from contract maintenance to the shutdown
shall receive double time for all overtime for the duration of
the shutdown period.
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 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 is 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 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. All 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.
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 for both the driver and passenger(s).
9.04 Notwithstanding the express provisions of Article
9.02 and 9.03 travel time shall not be counted for the purpose
of computing double time.
9.05 Notwithstanding the express provisions of Article
9.02 and 9.03 time spent in travel shall be paid as follows:
(i) Monday - Friday inclusive – The maximum rate for time
spent in travel shall be time and one-half (1½).
(ii) Saturday, Sunday and Holidays – all travel time shall
be paid at time and one-half (1½).
(iii) The foregoing shall apply to both driver and passenger(s).
(iv) Travel time shall count as time worked for the purpose of
Article 7.04 and its Appendix.
9.06 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
9.06 and Article XI. Article 9.06 applies only to pipeline
work covered under the Collective Agreement between the
Pipeline Contractors' Association and the United Association,
if that Agreement provides five (5) hours' standby pay.
9.07 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 9.08 or 9.09.
9.08 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) Camp accommodation, where provided except that the past
practice in Ontario will be continued whereby employees may
opt out of camp accommodation and receive the subsistence
allowance instead.
Except as defined in the following, subsistence allowance
shall be paid for waiting time, inclement weather or a Paid
Holiday.
An employee shall forfeit subsistence allowance for
absenteeism on any working days. When an employee is absent on
the working day immediately preceding or following bad weather
days or Paid Holidays, he shall forfeit subsistence allowance
for such absenteeism and for the bad weather days or Paid
Holidays. When Saturday is not a working day and an employee
is absent on Friday when work is available, he shall forfeit
subsistence allowance for Friday and for Saturday. When Sunday
is not a working day and an employee is absent on Monday, when
work is available, he shall forfeit subsistence allowance for
Sunday and Monday.
The above forfeiture of subsistence allowance shall be waived
when the employee's absenteeism on any working day or on
Friday and/or Monday, as outlined above, is due to a bona fide
illness or absence is due to compassionate grounds
satisfactory to the Employer and the Council.
Forfeiture of subsistence allowance may also be waived in
other cases if the reason for absenteeism is acceptable to the
Employer.
(b) Where no camp accommodation is available, the Employer
shall provide room and board as follows (including
pipelines):
(i) in a customarily acceptable hotel or commercial lodging;
or
(ii) a minimum subsistence allowance of:
May 1, 2006: $83.00 per night spent in hotel plus $47.00 per
working day for meals.
May 1, 2007: $88.00 per night spent in hotel plus $47.00 per
working day for meals.
May 1, 2008: $88.00 per night spent in hotel plus $52.00 per
working day for meal.
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.
(c) On pipeline projects not covered by APPENDIX “F”,
ARTICLE 9.08 shall apply.
Both hotel and meal allowances shall apply under the
circumstances of Article 9.08 to non-working weekend days and
holidays when the employee is on a continuing job and cannot
reasonably return to his normal place of residence for such
days.
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 his
Employer.
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 who reports for work and commences work
and is then sent home by the Employer during the first half of
his 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 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 in one lump sum at the
commencement of the employee’s vacation (or at the written
request of the employee, will be paid each pay period for the
balance of the current collective agreement), or upon layoff
or termination in accordance with 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
The employer shall contribute twenty-five cents (25¢) per
hour worked into the Central Region NDT Industry Training and
Upgrading Fund which shall be a trusteed fund with an equal
number of trustees appointed by management and by the Council.
The Fund shall be responsible for the payment of the following
for employees in the Central Region:
1. CEDO Application and Examination Fees, CWB
Certification Fees and renewal fees.
2. Training and upgrading to qualify for the CEDO and
CWB examinations.
3. or any other expense approved by the Trustees as set out in
the Trust Agreement.
In order to qualify for any of the above the employee must
apply to and receive approval from the Fund trustees in
advance.
It is agreed that at some future date, the Trustees may
recommend an increase or a decrease in the contribution rate
to cover changes in costs or needs covered by this trust fund.
Should this occur the employer agrees to adjust the rate
accordingly. Trustees will ensure that monies paid out are in
relation to submission on a company/personnel basis.
16.06 Pension
The Employer shall make the following contributions to the
NDT Industry Pension Fund for each hour earned.
May 1, 2005 $4.70 per earned hour.
May 1, 2007 $5.10 per earned hour.
May 1, 2008 $5.50 per earned hour.
The Fund shall be managed by an equal number of trustees
appointed by each of the NDTMA and QCCC.
17.05 The Employer and the employee will comply with
safety conditions of the radioisotope licenses issued by the
Canadian Nuclear Safety Commission.
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