collective agreement

Appendix D - Prairie Region

The following conditions shall apply to all construction, non-construction and maintenance work performed in the provinces of Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut.

PARTIES

In respect to the province of Alberta, the Quality Control Council of Canada is signatory to the attached Agreement on behalf of Boilermakers' Lodge 146, United Association, Local 496 and United Association Local 488 which are jointly deemed to be the union party.

2.01 Scope - See National Agreement


ARTICLE III - UNION SECURITY

3.01 (a) The Employer shall, as a condition of employment, deduct monthly from each employee's pay the amount of regular dues in the amount established by the Council. For the purpose of applying this clause, deductions will be made from the first pay cheque issued each month.

(b) The Employer shall, in addition to the regular dues mentioned in (a) above, deduct monthly from each employee's pay working dues in the amount of one and one-half percent (1½%) of the employee's gross earnings.

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 who is not a member of the affiliated Unions, the Employer shall refer to this list to determine the availability of suitable manpower and shall give preference to the persons on this list provided they have the necessary qualifications.

(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 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.

(c) The employer shall notify the council office the names of personnel dispatched to a project no later than the next business day after such dispatch.

(d) When an employee is laid off or terminates his/her employment the company shall notify the designated Council office of such layoff or termination not later than the next business day.

4.04 (b) There shall be no subcontracting, contracting out or subletting, either directly or indirectly, of any work which comes under the scope and operation of this Collective Agreement save and except where the employer to whom the work is let is an employer who is bound to, and complies with, the terms and conditions of this Agreement. In the event that such a subcontractor shall fail to abide by the terms and conditions of this Agreement then the employer who has let such work shall cause each and every subcontractor to abide by this Agreement.

5.03 The Steward shall not be discriminated against and shall receive his fair share of overtime work for which he is qualified. When any part of a crew is required to perform work on overtime or on bad weather days, and the Steward has been performing the type of work involved during the preceding regular shift, he shall be included in such required overtime or bad weather working time.


ARTICLE VI - WORK DAY AND 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.

6.02 Overtime rates shall apply for all work performed beyond eight (8) hours in any normal shift.

6.03 The normal shifts shall be as follows:

(a) Day shift shall be from 7:00 a.m. to 3:30 p.m., or 8:00 a.m. to 4:30 p.m., with a thirty (30) minute unpaid break for lunch and two (2) ten (10) minute paid coffee breaks;

(b) Afternoon shift shall be from 4:00 p.m. to 12:30 a.m. with a thirty (30) minute unpaid break for lunch and two (2) ten (10) minute paid coffee breaks;

(c) Night shift shall be from 12:00 midnight until 8:30 a.m. with a thirty (30) minute unpaid break for lunch and two (2) ten (10) minute paid coffee breaks;

(d) The foregoing shift starting and stopping times may be adjusted by not more than two (2) hours;

(e) A shift premium of fifteen percent (15%) of the employee's straight time base rate shall be added to the wages otherwise earned for all hours worked on an afternoon shift or an evening shift; and

(f) On work performed on site as part of new construction or revamp work covered by an on-site building trades agreement, where an employee is required to work 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.

6.04 Compressed Work Week

Where a compressed work week has been agreed between the employer and the QCCC area representative, the Employer may schedule the regular work week in four (4) consecutive ten (10) hour days, Monday to Friday at straight time rates. Once established, this becomes the regular hours of work for those employees so assigned.


ARTICLE VII - OVERTIME

7.01 Overtime work performed shall be paid as set out in the conditions below:

(a) On pipeline work constructed by a contractor bound to the Collective Agreement between the United Association and the Pipeline Contractors' Association, the overtime conditions of Appendix F shall apply.

(b) On all other pipeline work, the overtime rate prevailing on the job shall apply, but in no case shall it be less than the legislation governing the project.

(c) When on a field site where members of the Boilermaker and/or United Association are employed, overtime will be paid at time and one half (1½) shall be paid for the first two (2) hours of overtime Monday to Friday. All other overtime hours shall be paid at double (2) time.

(d) On all other sites overtime rates will be in accordance with the following:

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.

7.02 Overtime for Compressed Work Week

When a compressed work week is scheduled, all hours in excess of ten (10) hours per day shall be paid at double (2X) time. Fridays or Mondays, depending on the schedule of the compressed work week, shall be paid at the rate of time and one half (1½) for the first ten (10) hours with double time (2X) thereafter. Saturday, Sunday and Holidays shall be double time (2X). 

Where a holiday occurs during the normal work week the maximum of thirty (30) hours per week shall form the basis of the maximum straight time rate. A minimum of forty (40) hours is required to implement the compressed work week schedule.

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.

7.04 (a) 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 intervals thereafter. The employee shall be allowed a thirty (30) minute meal break and shall be compensated at the applicable rate of pay. When such meals are not provided, the employee affected shall receive an amount of twenty dollars ($20.00) in lieu of the foregoing.

(b) 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.

(c) It has been agreed that Article 7.04 does not apply to pipeline work.


ARTICLE IX - EXPENSES, TRAVEL AND STANDBY TIME

9.01 (a) An employee required to report for work at the employer’s shop shall not receive any compensation for the time spent in travel to and from their residence.

Call out Travel/Unassigned

9.02 Call out applies to work for which the employee returns to the employer’s shop on a daily basis and excludes “Daily Commute” travel to a fixed location as defined in section 9.04. Such travel time shall be considered time worked. Travel time is counted for the purposes of shift premium and the calculation of overtime and overtime meals.

Mobilizing and Demobilizing

9.03 Initial move in and terminal move out travel is from the employer’s shop to the destination and return where the employee does not return to the employer’s shop on a daily basis.

(a) When travelling in the employer's vehicle the maximum overtime paid will be time and one half for both the driver and the passenger(s). Travel time is counted for the purpose of the calculation of overtime meals. 

When traveling by public transportation or in the employee’s vehicle all travel will be paid at straight time. 

(b) The transportation vehicle and all drivers will be licensed in accordance with the governing regulations.

(c) Expenses shall be paid from the employer’s shop to the destination and return.

(d) On the day following termination, a terminated employee’s departure shall be by 10.00 a.m. All time spent in waiting past this time shall be compensated at the employee’s applicable rate of pay to a maximum of eight (8) hours for each day spent in waiting."

Daily Commute

9.04 (a) Daily commute travel applies to daily travel to and from a construction, shutdown, project, or maintenance contract site. 

Where the employee is not commuting from his normal place of residence, the travel distance is measured between the worksite and his assigned point of accommodation. 

Where the employee commutes from his normal place of residence, the travel distance is measured between the worksite and the nearest of his residence or the shop which ever is the lesser. 

For the purposes of calculating daily travel on these projects, there will be a travel free zone of twenty-five (25) road kilometres from the work site. Travel will be paid outside the travel free zone to and from the assigned accommodation at the applicable rate, calculated at 80 km per hour. The maximum overtime payable for such travel time shall be 1.5X straight time rates and such travel shall not be used to compute double time calculations.

Transportation

(b) The employer shall determine the mode of travel except that the employee shall have the right to refuse to use their own vehicle. 

Where the employee and employer mutually agree the employee may choose not to use company assigned transportation. The employer shall pay the equivalent in travel time and expenses but no additional amount for personal mileage except where agreed in writing. 

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. 

9.05 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; or as directed by the employer; provided that where an employee is required to remain available for work or 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.

9.06 Room and board expenses for an employee who can not 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.

(ii) a minimum subsistence allowance will be paid as follows:

Effective Per Diem Meal Portion

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) Periodic Leave

Employees who qualify for room and board expenses under article 9.06, who do not return to their normal place of residence, will receive five (5) consecutive days of leave and will be paid a $200.00 allowance for every 45 calendar days while assigned to a project. This leave will be taken at a mutually acceptable time. 

There will be no pay for travel time or living out allowances while on periodic leave.

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

9.08 On pipeline projects, the time of the shift shall start when the employees leave the warehouse for the job site and shall end upon their return to the warehouse from the job site, however, the lunch period shall be excluded.

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.


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 then is 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. Records of employment will be issued in accordance with the applicable legislation.

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.

11.03 (c) An employee who is recalled to work on the same calendar day will receive overtime after eight and a half hours, including a half hour lunch break, from the start of the initial shift.


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 in Manitoba, Saskatchewan & North West Territories, Nunavut and Family Day in Alberta

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

(c) If an additional holiday with pay is declared by the federal or provincial government, the floater shall be observed on that day.

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. 

The Employees who work on both the preceding and the following work day will have one of the days paid the overtime pay required by Article 7.01.

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 three (3) 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.

15.01 Industry Training Fees and Upgrading

(a) The Employer shall contribute twenty-five cents (25¢) per hour worked into the Nondestructive Testing Prairie Region Training Fund which shall be a trusteed fund with an equal number of trustees appointed by management and the Council. The trustees of the Nondestructive Testing Prairie Region Training Fund shall determine all eligibility and/or qualification requirements for employees to be entitled to payment of funds out of the trust fund. 

The fund shall be responsible for the payment of:

(i) All employees' renewal fees;
(ii) CGSB Application and Examination Fees and CWB Certification Fees;
(iii) Training and upgrading to qualify for the CGSB and CWB examinations;
(iv) Any other expenses approved by the Trustees as set out in the Trust Agreement.

The employee does not need the approval of the employer in order to qualify for any of the above. It is agreed that at some future date the Trustees may recommend an increase or 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.

16.06 Pension

The employer shall make the following contributions to the NDT Industry Pension Fund for each hour earned:

May 1, 2006 – April 30, 2007: $4.75 per earned hour
May 1, 2007 – April 30, 2008: $5.00 per earned hour
May 1, 2008 – April 30, 2009: $5.00 per earned hour

New hire trainees (effective May 1, 2003) will only be eligible for pension contributions after working five hundred (500) hours. The five hundred hours (500) referred to above is accumulated time worked under this agreement. The above does not apply to any new employees with certification that are recognized by this agreement.


ARTICLE XVIII - GRIEVANCE PROCEDURE AND ARBITRATION

18.01 It is the spirit and intent of this Agreement to adjust grievances promptly. All grievances shall be presented in writing within fifteen (15) days from the date there is evidence of a violation having occurred. The procedure for the adjustment of a grievance shall be as follows.

18.02 Step No. 1 Between the aggrieved employee and/or his steward and the Employer's representative. If no settlement satisfactory to the griever is achieved within four (4) days, the grievance must be pursued within the following ten (10) days.

18.03 Step No. 2 Between the aggrieved employee, his steward and the Local Union representative or designate, and the Employer's representative. At this stage the grievance must be submitted in writing provided that a reference in the grievance to any section of the Agreement shall not preclude argument based on any other section of the Agreement. If no settlement satisfactory to the griever is achieved within four (4) days, the grievance must be pursued within the following ten (10) days.

18.04 If a difference arises between the parties to or persons bound by this Collective Agreement as to the interpretation, application, operation or contravention or alleged contravention of this Agreement or as to whether such a difference can be the subject of arbitration, the parties agree to meet and endeavour to resolve the difference.

18.05 If the parties are unable to resolve a difference referred to in Article 18.04, either party shall, within fifteen (15) days, notify the other in writing of its desire to submit the difference to arbitration. 

18.06 (a) The notice referred to in Article 18.05 shall:

(i) contain a statement of the difference, and
(ii) contain a list of three (3) arbitrators for consideration.

(b) The grieved party must respond within five (5) days either accepting one (1) of the three (3) proposed arbitrators or referrings list of three (3) of their own.

(c) It the parties are unable to come to a mutual agreement on the appointment of an arbitrator then either party may apply to the Minister of Labour requesting the appointment of a neutral arbitrator.

18.07 The parties shall notify the arbitrator of his appointment. The arbitrator will hear the matter within one (1) month of the date of referral and issue an award within two (2) weeks of the completion of the hearing, or, if the arbitrator cannot meet those deadlines this case will be referred to another arbitrator.

18.08 The arbitrator may, during the arbitration, proceed in the absence of any party or person who, after notice, fails to attend or fails to obtain an adjournment.

18.09 The arbitrator shall inquire into the difference and issue an award in writing and the award is final and binding on the parties and every employee affected by it.

18.10 The parties agree to share equally the expenses of the arbitrator.

18.11 Except as permitted in Article 18.12, the arbitrator shall not alter, amend or change the term or conditions of the Collective Agreement.

18.12 If the arbitrator by his award determines that an employee has been discharged or otherwise disciplined by an Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that to him seems just and reasonable in all the circumstances.