collective agreement

Appendix E - Pacific Region

The following conditions shall apply to work performed in the province of British Columbia and the Yukon Territory.

2.01 Scope

This Agreement shall apply in respect of all nondestructive testing work and field heat-treating work performed by the Employer or by any person, firm or corporation owned or financially controlled by the Employer in Canada. Nondestructive testing includes ultrasonics, radiography, magnetic particle, dye penetrant, eddy current and visual inspectors. Field heat-treating work includes all activities necessary in the performance of electric resistance field heat-treating services and shall only be performed by employees covered by this Agreement. 

"Visual Inspection" as used in this Agreement shall not be limited to the techniques described in the body of this Agreement but will include and not be limited to the following: 

Inspection of all metal fabrications, piping and coating applied thereto. 
Inspection of all plastics and fibreglass fabrication and piping are included.

3.02 New Employees

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 computer list of all Quality Control members who are working or seeking employment. This list will include all their qualifications, addresses, telephone numbers and union affiliation. Prior to hiring employee(s), the Employer shall refer to this list and shall select the required employees there from provided they have the necessary qualifications and notify the Union of the names selected by the Employer. The Union shall issue a clearance slip for those employee(s) selected. No member will be eligible for employment unless registered on the out of work list.

3.03 Where members of the Union are not available as per Article 3.02, the Employer shall be entitled to hire and train persons for work as technicians or trainees. However, following the hiring of any employee within the scope of this agreement, or a member 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 or she may be disciplined or discharged without recourse to the grievance procedure. The foregoing probationary period may be satisfied by a total 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.


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. For the purposes of this agreement, the work week shall commence at midnight on Sunday and shall end at midnight Friday.

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 8:00 a.m. to 4:30 p.m. with thirty (30) minutes unpaid break for lunch.

(b) Afternoon shift shall be from 4:00 p.m. to 12:30 a.m. with a thirty (30) minute unpaid break for lunch

(c) (i) The foregoing shift starting and stopping times may be adjusted by not more than two (2) hours.

(ii) Start times for day shift can be anytime between 6:00 a.m. and 11:00 a.m. for fabrication shop work only. 

In addition to the meal breaks noted above, the following coffee/rest breaks will be provided: 

Two (2) rest or work (coffee) breaks of ten (10) minutes duration will be allowed each day during normal working hours, one in the first half and one in the second half of each shift, or shifts. Where the scheduled shift exceeds nine (9) hours or if unscheduled overtime is worked beyond the normal working day and if the duration of overtime is to exceed one hour, then the employee will be allowed a coffee break at the end of the normal shift. Such breaks and a suitable location to be determined by the Employer, in consultation with the job steward.

(d) The starting time for night shift shall be any time between the hours of 9:00 p.m. and 4:00 a.m. 

When an employee is requested to work night shift he shall be guaranteed a minimum of eight (8) hours' pay plus fifteen percent (15%) shift differential with a minimum of four (4) hours at chargeable rate.

(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.

(f) On work performed on a project site of at least five (5) consecutive regular working 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. 

Members on LOA shall receive daily mileage from the normally assigned location as if they had taken assigned accommodation.

(g) When working shutdowns on scheduled overtime shifts the following hours shall be paid (including overtime payment):
 

 
Up to one (1) hour of daily travel time and the overtime meal break are included in the hours of pay on a scheduled twelve (12) hour shift (12 hours on site). 

When the above shifts are in effect, this provision supersedes items (a) to (e) inclusive.


ARTICLE VII - OVERTIME

7.01 Overtime work performed shall be paid at double (2X) time rates, except 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 said Agreement shall apply notwithstanding Article 7.03.

(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. 

For the purpose of this Agreement the work week shall commence at midnight on Sunday and shall end at midnight on Friday.

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 if that agreement should be amended to provide double (2x) time for overtime.

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 the conclusion of sixteen (16) hours. 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 twenty dollars ($20.00) in lieu of the foregoing. 

On scheduled twelve (12) hour shifts all employees shall be supplied a catered hot meal, where possible, on the job at the conclusion of eight (8) hours and allowed one-half (½) hour in which to eat said meal. 

It has been 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 time spent in commuting as follows:

(a) from the Employer's shop 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

(b) from the municipal office in the municipality in which the employee is domiciled, whichever is the lesser.


Industrial Fabrication Shops outside the Free Zone:

"Industrial Fabrication Shop" shall mean a contract shop, not an "on-site" shop in a customer's facility set up for "on-site" fabrication. 

Where an employee is not required to report to the Employer's shop the shift shall start and finish at the customer's premises providing the employee is using the employer’s vehicle. 

In addition the employee shall receive forty seven cents ($.47) per kilometre from the Free Zone to the customer's premises. 

Travel within the Free Zone shall be on the employee's own time providing he is using the Employer's vehicle.

Free Zone: Free Zone for regular work applies only in the Vancouver area as follows: 

The City of Vancouver, the Municipality of Burnaby west of Willingdon Avenue, the University Endowment Lands including the site of the University of British Columbia. 

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

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

Public Transportation: reasonable actual cost substantiated by receipt: 

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. 

It shall not be a condition of employment that an employee must use his own vehicle for company use.

Shutdown work - (defined as 4 days or more) 

Definition - Local Resident

(a) A local resident is defined as a Union member who resides within eighty (80) road kilometres from the project or employer’s shop, at the time of hire. An employee's residence is the place where he has maintained for a period of at least 90 days, a self-contained domestic establishment (a dwelling place, apartment, or similar place of residence where a person generally sleeps and eats) in which he resides and for which he can show proof acceptable to the Employer.

(b) Local residents, as defined in Article 9.03 (e)(i), shall not be entitled to initial or terminal transportation as set out in Article 9.04 (c) nor shall he be entitled to a Turnaround as set out in Article 9.09. Local residents shall receive a Daily Travel Allowance.

(c) Local residents living beyond a twenty-five (25) road kilometre free zone around the job site of the project shall receive Employer supplied transportation from an Employer supplied accommodation, and be paid sixty cents (60¢) per road kilometre from the edge of the twenty-five (25) road kilometre free zone around the job site to his place of residence as a daily travel allowance for each day worked or reported for work. When driving their own vehicle, daily travel will be paid both ways. When driving a company vehicle travel will be paid one way. Where weather or road conditions do not allow the employee to travel to his residence, the Employer shall provide Room and Board in lieu of daily travel. 

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 9.05 or 9.06.

9.04 When an employee is sent by an employer to a job site or is dispatched from the hiring board to a job site, he shall be paid travel time from the employer’s shop and travel expenses from the employee’s home area. This shall not include travel expenses to the employer’s shop in the employee’s home area. 

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
Other than local residents, All employees shall be entitled to travel time as set out in section (c), for areas not listed in section (c) an employee shall be paid the actual time spent in travelling, at the commencement 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 eight (8) hours per day. When an employee is not required to travel back to the Employer's shop or agreed point of hire upon the conclusion of his work on the project, he shall be entitled to his out-of-town subsistence for that day.

(b) Daily Travel
On subsistence projects, the Employer shall provide daily transportation from the Employer supplied accommodation to the project and return for each day worked or reported for work by the employee, and pay sixty cents (60¢) per road kilometre from the edge of the 25 road kilometre free zone around the job site one way as a daily travel allowance. Where no employee requires Employer supplied transportation, the employees’ daily travel will be paid both ways. 

Where transportation is provided by the Employer and is delayed by mechanical breakdown or other causes attributable to the condition or operation of the vehicle, the following shall apply. If the employee is delayed in arriving at the job site, his hours of work and pay shall nonetheless be considered to start at the normal time. If the employee is delayed in departing from the job site or arriving to his normal pickup point due to mechanical breakdown or other causes attributable to the condition or operation of the vehicle, the actual time of such delay shall be added to the employee's earnings calculated at the straight time rate.

(c) Initial/Terminal Travel
On those projects where subsistence applies, the employee shall choose initial and terminal transportation of:

(i) A regularly scheduled full fare economy airplane ticket, Employer supplied, from Vancouver to the nearest airport relative to the project, where original boarding pass is provided to the Employee; plus ground transportation from the airport to the Employer supplied accommodation and return where the Employer does not supply such transportation. 

Airfare will be reimbursed at 100% of the costs that are posted by the employer seven (7) days in advance of the travel date, at which time the employee will confirm his choice of travel. If these are not posted, reimbursement will be at 100% of the costs of a regular scheduled economy class ticket on an approved Airline. A list of approved airlines will be maintained and may be updated as conditions change. 

Notwithstanding the above, for projects in the Lower Mainland, initial and terminal transportation shall be based on sixty cents (60¢) per road kilometre from the edge of the free zone to the project, and return. 

All employees shall be paid Travel Time as per Travel Table for move in only. For projects lasting five (5) or fewer shifts, move-out travel will also be paid for the hours as shown on this table (return travel).

Travel Time to:

(d) All travel time shall be paid at straight time rates unless an employee is directed to travel to another work site on the same day. When the Employer's vehicle is the means of travel under Article 9.03, up to two (2) employees may travel in the vehicle and both shall be considered as working. Otherwise all other employees shall travel on an individual basis as provided for in the appropriate section of the Collective Agreement. 

Travel time on weekends or Statutory Holidays shall be at straight time rates.

9.05 Room, board and travel expenses for an employee who cannot reasonably return daily to his normal place of residence shall be paid as follows. Room shall mean a single room per person, where possible.

(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 the employee with the following options:

(i) A fixed L.O.A. of $100.00 per day for the duration of this Agreement; (or)
(ii) A supplied room plus a meal allowance.

Where rooms are supplied by the Employer, the daily meal allowance of $50.00 per day will be paid for the duration of this agreement.

Note: It is the intention that for a four (4) day project, meal allowances would be paid for a full five (5) days.

(c) If an employee elects subsistence, he will advise the employer seven (7) days in advance of his shift start or at the time of dispatch, whichever is less. Employees on L.O.A. will get daily mileage for travel from the normally assigned location as if they had taken assigned accommodation. The employee may elect (i) instead of (ii) provided he makes communication arrangements satisfactory to the Employer and provided that does not increase the Employer's travel time liability.

9.06 Subsistence allowance on pipeline projects covered by the Collective Agreement between the Pipeline Contractors’ Association and the United Association will be paid in accordance with that Agreement.

9.08 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.

9.09 Periodic Leave--on out-of-town projects of over fifty (50) calendar days duration will be provided by the Employer every forty (40) calendar days. When the entitlement to such leave is earned and desired, the Employer shall provide the standard transportation and expenses to the point of departure and back to the job. 

The extent of the leave shall be for a minimum of five (5) days to a maximum of one (1) week, or a number of days mutually agreed between the employee and the Employer's representative. The timing of the leave shall also be decided by mutual agreement. In no event will an employee receive leave unless he actually returns to his place of departure. Living-out-allowance shall not be paid during leave periods.

ARTICLE X - CLASSIFICATIONS, WAGES, AND PREMIUMS

10.01 Classifications

"Certificates" shall mean a CGSB Certificate in any of the following:

Aircraft Structures
Other (Tech I)
Magnetic Particle (Tech II – M.P.) & Liquid Penetrant (Tech II – L.P.)
Eddy Current (Tech II – E.C.)
CWB Certification (Tech II)
Certified Exposure Device Operator Certificate (for Trainees only)

 

All unchargeable time will be at 80% of the top rate for each category. No reductions will occur in unchargeable rates below 1991 unchargeable rates. For pipeline work as defined in Appendix F performed within the Pacific region the rates shall be as in Appendix F except for the Trainee who shall be paid one dollar ($1.00) more than the Appendix F rate.

"Crawler Technician" is defined as a person who is operating and performing full maintenance on a crawler.

10.02 Stress Relief Crew:

(a) It is understood that some small and/or short duration projects may only require a single man per shift. Such projects must have a minimum of one (1) Technician II per project.

(b) Larger projects requiring more than one man per shift shall have a minimum of one (1) Stress Relief Technician II for each shift.

10.03 NDT Supervisor/Dispatcher

(a) Where an employee in a shop has been designated responsible for making work assignments to other employees he shall be paid a premium of eight percent (8%) over his regular rate.

10.04 Supervisors

(a) On a project where an employee is assigned the responsibility for directing a crew and keeping records for same, he shall be paid a premium of eight percent (8%) over his regular rate. This shall not be construed to mean a single Technician working with a Trainee(s). The foregoing is subject to the following:

(i) Supervisors are to be appointed by management.
(ii) No minimum or maximum number of technicians are required on a job site to necessitate the appointment.
(iii) "Level II technicians" are responsible for technical performance on a project in the same manner as previously without being appointed as supervisors. The responsibility to interpret film for other technicians on a site does not necessarily mean that a supervisor's rate applies.

(b) General Superintendent

If a General Superintendent is appointed for an individual project, by management, to supervise other supervisors appointed as per Article 10.04(a) that individual will receive a premium of twelve percent (12%) for day shift only and ten percent (10%) for night shift, over his regular rate for the time spent on that project.

10.05 Isolation Pay

Hourly rates of wages for employees covered by this Agreement when employed north of 60 degrees latitude shall be One Dollar and Fifty Cents ($1.50) per hour higher than those provided in Article X.

10.06 Trainee (CNSC) Operator

Trainee (CNSC) Operator: In no event shall a Trainee (CNSC) Operator be permitted to perform radiography without supervision of either a Technician I or II at the work location. Trainee (CNSC) Operators shall be employed at a ratio of not more than one CNSC Operator for each technician at each work site. When a CNSC Operator is operating the exposure device without the direct visual supervision of a qualified technician he shall receive the rate of pay of a Level I.

10.07 Safety Watch – See letter of understanding.

  
ARTICLE XI - REPORTING FOR WORK

11.01 When an employee is sent to a job which is in an area where LOA or living accommodations apply, and the project is not ready to proceed, he shall be paid his regular rate of wages for any time up to eight (8) hours in each twenty-four (24) hour period spent by him waiting to commence work. The Employer may send such employee back to the place from which he was sent. If the Employer returns the employee to the place from which he was sent, the Employer shall pay the employee's transportation costs and shall pay the employee at his regular rate of wages for the time spent in travelling, in accordance with this Agreement. When work commences, Articles 11.02 and 11.03 will apply.

11.02 (a) When an employee reports for work and commences work and is sent home by the Employer, the employee shall be paid four (4) hours pay at the applicable rate if sent home prior to the first meal period. If the employee is sent home after the first meal period said employee shall be paid the full shift as scheduled. If the employee is to be available for work for any period beyond the scheduled shift, this time will be paid as if the employee was working. Should the employee leave the place of work on his own accord the employee shall be paid for the actual time worked.

(b) Standby/Waiting Time

When an employee reports to work and is unable to commence work, the employee, when requested to standby either at the work place or other area designated by the Employer, shall be paid as in (a) above, providing however, that the employee is available and capable of returning to work upon notification.

(c) When an employee commences work and is requested by the Employer to stop work and report back at a later time, the employee shall be paid, as if there had been no interruption in the shift at the applicable rate up to a maximum of twelve (12) hours, providing however, that the employee is available and capable of returning to work upon notification.

11.03 (a) Show-Up Time

When an employee shows up for work and the shift is cancelled and the employee is sent home by the Employer, the employee shall be paid two (2) hours show-up time.

(b) When an employee who is on an LOA/Out of town project, is notified eight (8) hours prior to the commencement of a scheduled shift not to report for work, the employee will be eligible for four (4) hours pay. If this should occur on any two consecutive days, then the employee will, at his option, be entitled to a layoff.

(c) When a technician who is not a regular employee is requested to work on a local project and not on LOA or outside of his home area, the minimum call out time will be paid in accordance with the time actually worked and in any case a minimum of 2 hours.


ARTICLE XII - RECOGNIZED HOLIDAYS

12.01 All employees covered by this Agreement shall be entitled to holidays with pay as set out in the appropriate sub-section of this Article.

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 applicable holidays shall receive overtime pay for all such work performed.

12.04 (a) The recognized holidays shall be as follows:

(b) Payment for such holidays shall be by way of an addition of six percent (6%) of gross earnings paid on each pay cheque.


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 (National).

13.02 The vacation time shall be taken at a time or times mutually agreed between the employee and the Employer.


ARTICLE XIV - PAY DAY

14.01 For work carried out in the Pacific Region, employees may be paid either weekly or bi-weekly. Such pay shall be in the form of cash or negotiable payroll cheques.

15.01 Industry Training, Upgrading and Rehabilitation Fund

The employer shall contribute twenty-eight cents (28¢) per hour worked into the Pacific Region NDT Industry Fund which shall be a trusteed fund with two (2) trustees appointed by management and two (2) trustees appointed by the Council. The fund shall be responsible for the payment of:

1. CGSB and CWB renewal fees.
2 CEDO (Certified Exposure Device Operator) examination fees.
3. CGSB and CWB Application Examination Certificate Fees, upon successful completion of both written and practical exams.
4. Upon prior approval of the Trustees, training and upgrading to qualify for the CGSB and CWB examinations.
5. Three cents (3¢) per hour will be directed to a fund set up the H&W administrator's office to cover costs for member with drug/alcohol problems.
6. Any other expense approved by the Trustees as set out in the Trust Agreement.
7. Training fund to pay out of pocket travel costs for travelling to attend approved courses, the local Business Representative to pre-approve.

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.

15.02 (a) Where the Employer requires the employee to take a CGSB test the Employer will pay the employee's reasonable expenses in connection therewith and will reimburse the employee for the straight time wages necessarily lost in order to write the test. 

Where an employee is not requested to take a CGSB exam and travels on his own time and pays his own expenses and successfully completes this exam or exams he shall be paid by the employer, for all time lost and outof-pocket expenses providing the exams are in the Province of B.C. 

(b) Lost wages to apply only if employees were employed and lost time.

16.06 Pension

The Employer shall make the following contributions to the NDT Industry Pension Fund for each hour earned. 

$5.00 per earned hour for the duration of this agreement. 

The Fund shall be managed by an equal number of trustees appointed by each of the NDTMA and QCCC. 

All breakage from BC employees to go to BC members.

Health Benefit Plan

All employers shall remit $0.25 per earned hour for all employees working in the Pacific Region, to the BC Health Benefit Plan. This does not increase the Employer’s obligation.

Article 17.00

Out of Country work assignments

"For jobs outside of Canada, the Employer shall provide, to the employee, all terms and conditions of employment. The written agreement shall be signed by both the Employer and the employee. A copy of the agreement shall be provided to the employee. A copy of the agreement shall be provided, upon request, to the QCCC Representative. Any breech, of that written agreement, shall be subject to Article 18 – Grievance Procedure and Arbitration."

17.04 Safety

Each employer is responsible for the health and safety program for their workers. Every supervisor is responsible for the proper instruction of workers under the supervisor’s direction and control and for ensuring their work is performed without undo risk. In an effort to ensure that safe working conditions are observed and where conditions warrant and especially when work is being carried out in a confined space, the employer will ensure that the employees shall have proper assistance or vigilance from other persons who will act as a safety watch outside the area whenever any workers are inside the confined space. In order to satisfy the requirements of confined space entry procedures, all safety watch persons shall be properly trained and familiar with the tools and equipment, understand the hazards of the space and of the materials used in the nondestructive testing industry. All persons so designated shall be members of the QCCC.


SELF TRAVEL SCHEDULES

NOTE: WHERE “FERRY ALLOWANCE” IS PROVIDED, THE AMOUNT PAID WILL BE BASED ON ONE UNDERSIZED VEHICLE AND ONE DRIVER. The Employer shall reimburse an Employee, for any and all ferry fares or road toll charges which are incurred in the course of initial and terminal travel."

Company to provide transportation from hotel to mill site.

Company to provide transportation from hotel to mill site.

Move-In/Out