con-force structures limited calgary,...

AGREEMENT

Between

CON-FORCE STRUCTURES LIMITED CALGARY, ALBERTA

And

SHOPMEN'S LOCAL UNION NO. 805

of the INTERNATIONAL ASSOCIATION OF BRIDGE,

STRUCTURAL, ORNAMENTAL AND REINFORCING IRON WORKERS (affiliated with the AFL-CIO, CLC)

May 15, 2010

to May 14, 2012

Con-Force/Local 805/05.15.10 to05.14.12

2

INDEX SECTION PAGE NO.

Preamble and Purpose of Agreement …..……………………….….3 1 Bargaining Unit - Maintenance Work …..…………….……….……4 2 International Not a Party to Agreement..……………………….……4 3 Union Recognition …………………………………………….……...4 4 Union Membership .…………………………………….…….……..…5 5 Check-Off of Union Dues and/or Reinstatement Fees…...…..……….6 6 Management Prerogatives - Shop Rules.……………………………...7 7 Hours of Work………………………………………………………….8 8 Overtime………………………………………………………………...9 9 Holidays - Holiday Pay………………………………………………..10 10 Classifications - Work Assignments - Rates of Pay…………………12 11 Pay Days - Piece Work Prohibited …………………………………15 12 Reporting Pay………………………………………………………….15 13 Vacations……………………………………………………………….16 14 Welfare Benefits……………………………………………………….17 15 Erection and Field Fabrication……………………………………….20 16 Apprentices…………………………………………………………….21 17 Seniority………………………………………………………………..21 18 Leaves of Absence……………………………………………………..24 19 Grievance Procedure………………………………………………….25 20 Arbitration……………………………………………………………..27 21 Strikes and Lockouts……………………………………………….….29 22 Plant Visitation…………………………………………………….…..29 23 Bulletin Boards…………………………………………………….…..29 24 Safety and Health………………………………………………….…..30 25 Savings Clause…………………………………………………………31 26 Interim Amendment…………………………………………………..31 27 Letter of Understanding (Re: Attendance Incentive)……………….32 28 Letter of Understanding (Re: Student Employees)………………….34 29 Letter of Understanding (Re: Floating Holiday) …………………....35 29 Terms of Agreement……………..…………………………………….36 Appendix 1……………………………………………………………...37 Iron Workers Standards’ of Excellence ……………………………


3

AGREEMENT

THIS AGREEMENT, executed and effective as of the 15th day of May, 2010, by and between CON-

FORCE STRUCTURES LIMITED, 4300 - 50 Avenue S.E., CALGARY, ALBERTA, T2B 2T7, hereinafter referred to as the "Company", and SHOPMEN'S LOCAL UNION NO. 805 of the INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING IRON WORKERS (affiliated with the AFL-CIO, CLC), hereinafter referred to as the "Union". PURPOSE OF AGREEMENT

WHEREAS, this Agreement is entered into by collective bargaining to prevent strikes and lockouts and to facilitate the peaceful adjustment of grievances and disputes between the Company and its employees, prevent waste, unnecessary and avoidable delays and expense, and for the further purpose of at all times securing for the Company, sufficient skilled workmen, and, insofar as possible, provide for Labour's continuous employment, such employment to be in accordance with the conditions and wages hereinafter set forth; also that stable conditions may prevail in the industry, that costs may be as low as possible, consistent with fair wages and conditions, and for the further purpose of establishing the necessary procedure by which those objectives may be accomplished. With the goal of increasing our competitiveness, our employees acknowledge the need to improve our productivity, safety performance and quality, and to assist in these areas through ideas, suggestions, and commitment. The management will, through its supervisors, listen and respond to all suggestions provided.

NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth and the mutual benefits likely to be obtained by harmonious relations between the Company and the Union, the parties hereto mutually covenant and agree as follows:

1


4

1

BARGAINING UNIT - MAINTENANCE WORK 2

SECTION 1 3 4

(A) This Agreement shall be applicable to all of the Company's employees (save and except 5

those employees specifically excluded below) in or about the Company's shop or shops 6

located at Calgary, Alberta and vicinity, and to work done by such employees. This 7

Agreement is not intended and shall not be construed to extend to office or clerical 8

employees, foremen, carpenters, nor to erection, installation or construction work or to 9

employees engaged in such work. 10

11

(B) "Maintenance" as used herein is intended to cover the ordinary upkeep and repair of the 12

Company's machinery, plant and property, but is not intended to include major extensions or 13

major remodeling. 14

15

(C) All reference to employees in this Agreement designates both sexes and whenever the male 16

gender is used, it shall be construed to include both male and female employees. 17

18

INTERNATIONAL NOT A PARTY TO AGREEMENT 19

SECTION 2 20 21

The International Association of Bridge, Structural, Ornamental and Reinforcing Iron 22

Workers, the parent body of the Union (hereinafter referred to as the "International"), is not a party 23

to this Agreement and assumes no responsibility or liability under this Agreement and similarly shall 24

have no right of redress thereunder against the Company for the breach hereof. 25

26

UNION RECOGNITION 27

SECTION 3 28 29

The Company recognizes the Union as the exclusive representative and agent of all the 30

Company's employees (save and except those employees specifically excluded in Section 1 hereof) 31

for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment 32

and other conditions of employment. 33

34


5

UNION MEMBERSHIP 1

SECTION 4 2 3

(A) Each of the Company's employees to whom this Agreement is applicable, as defined in 4

Section 1 hereof, shall, as a condition of employment, be or become a member of the Union 5

not later than the thirtieth (30th) day following the effective date of this Agreement, or not 6

later than the thirtieth (30th) day following the beginning of his employment, whichever is 7

the later. Each employee shall, as condition of continued employment, remain a member of 8

the Union in good standing in accordance with its Constitution and By-Laws. 9

10

(B) Upon receipt of a written notice from the Union that an employee has not acquired 11

membership in the Union, or has not maintained his membership in good standing therein as 12

provided for in this Section, the Company shall discharge such employee and such employee 13

shall not be re-employed during the life of this Agreement unless or until he complies with 14

the provisions of this Section. 15

16

(C) The Company shall give each newly hired employee and each person newly employed after 17

being laid off, or otherwise absent from work for more than fifteen (15) days, a form in 18

duplicate, showing the class of work for which such person has been employed, his straight 19

time hourly rate and Social Insurance number. Each such new or former employee shall 20

submit one (1) copy of the above mentioned form to the Chief Shop Steward for the Union 21

before starting work, or at such other time as may be mutually agreed upon by the Chief Shop 22

Steward and the Shop Foreman for the Company 23

24


6

CHECK-OFF OF UNION DUES 1

INITIATION AND/OR REINSTATEMENT FEES 2

3

SECTION 5 4 5

(A) It shall be mandatory that each employee of the Company who is a member of the Union, 6

sign and deliver to the Company, an authorization directing the Company to withhold from 7

such employee's earnings, Union Dues, Initiation and/or Reinstatement Fees, as hereinafter 8

provided for in this Section. Upon receipt thereof, the Company shall deduct from such 9

employee's earnings, on the first payday in each month, the amount owed to the Union by 10

each such employee for Union Dues, Initiation and/or Reinstatement Fees, however, should 11

any such employee have no earnings due him on the first payday in any month or should such 12

employee's earnings be less than the amount such employee owes the Union for dues, then, in 13

that event, the deduction shall be made from the employee's earnings on the next succeeding 14

payday on which his earnings are sufficient to cover the amount of dues owed to the Union 15

by such employee. By the twenty-sixth (26th) day of each month, the Company shall mail to 16

the Financial Secretary of the Union, a cheque, made payable to the Union, for the amount of 17

Dues, Initiation and/or Reinstatement Fees the Company has withheld during such month, 18

which shall be accompanied by a list, in duplicate, containing the names of the employees 19

and the amount deducted from each such employee's earnings. Upon receipt of such cheque 20

and list, said Financial Secretary of the Union shall sign one (1) copy of such list, 21

acknowledging receipt thereof, and promptly return such signed list to the Company. The 22

Union will notify the Company in writing as to the amount of the monthly Union Dues, 23

Initiation and/or Reinstatement Fees as provided for in the Local Union By-Laws. 24

25

(B) It is expressly understood and agreed that, upon receipt of proper proof, the Union will 26

refund to the Company, or to the employee involved, Union Dues, Initiation and/or 27

Reinstatement Fees erroneously withheld from an employee's earnings by the Company and 28

paid to the Union. 29

30

(C) The company agrees to deduct and remit to the Local union office, the sum of $1.75 per 31

member per month to be applied to the Local Union Training Fund. This amount is in 32

addition to the monthly due’s remittance as provided in Section 5A above and is to apply 33

from day of hire. 34

35


7

1

MANAGEMENT PREROGATIVES - SHOP RULES 2

3

SECTION 6 4 5

(A) The management of the Company's plant and the direction of its working forces, including the right 6

to establish new jobs, abolish or change existing jobs, increase or decrease the number of jobs, 7

change materials, processes, products, equipment and operations, shall be vested exclusively in the 8

Company. Subject to the provisions of this Agreement, the Company shall have the right to 9

schedule and assign work to be performed and the right to hire or re-hire employees, promote, recall 10

employees who are laid off, demote, suspend, discipline or discharge for proper cause, transfer or 11

lay off employees because of lack of work or other legitimate reasons, it being understood, 12

however, the Company shall not discipline or discharge an employee except for proper cause, or 13

otherwise improperly discriminate against an employee. 14

15

(B) The Company shall have the right to establish, maintain and enforce reasonable rules and 16

regulations to assure orderly plant operations, it being understood and agreed that such rules and 17

regulations shall not be inconsistent or in conflict with the provisions of this Agreement. The 18

Company shall maintain on its bulletin boards and furnish the Union with a written or printed copy, 19

of all such rules and regulations and all changes therein. Changes in existing rules and regulations, 20

as well as new rules and regulations promulgated by the Company, shall not become effective until 21

five (5) regular workdays after copies thereof have been furnished to the Union and posted on the 22

Company's bulletin boards except in the case of a bona fide emergency or safety reason, in which 23

case the rules and regulations shall, upon first being provided to the Shop Stewart, become effective 24

immediately upon being posted and employees have been made aware of the posting. 25

26

(C) The Company shall not take disciplinary action without first warning the employee Disciplinary 27

action shall be taken within five (5) working days of the date that the Company became aware of, or 28

reasonably should have become aware of, the occurrence unless the circumstances justify 29

immediate suspension or discharge. Disciplinary action for absenteeism can take into account 30

occurrences up to thirty (30) working days prior to the warning. Warnings shall be given in writing 31

in the presence of a Union Committeeman or Steward. Any warning and / or penalty (excluding 32

Dismissal) shall be cleared from an employee’s record after a period of twelve (12) months 33

following the date of discipline. 34

35


8

HOURS OF WORK 1

2

SECTION 7 3 4

(A) This section describes the regular workday and the regular workweek, and is not intended and shall 5

not be construed as a guarantee of hours of work per day or per week, or days of work per week. 6

The regular scheduled workweek for each employee shall begin with the starting time of his 7

regularly scheduled shift on Monday of each week as set forth herein. 8

9

(B) The regular workday for the dayshift shall consist of eight (8) consecutive hours, exclusive of the 10

lunch period, with pay for eight (8) hours between 6:00 a.m. and 5:00 p.m. and the regular 11

workweek shall consist of forty (40) hours. 12

13

(i) Any shift starting work between 4:00 a.m. to 6:00 a.m., or after 8:30 a.m. shall be considered a 14

second shift and the shift premium of one dollar and twenty-five cents ($1.25) per hour will be 15

added to the regular rate of pay for all employees working on such a shift. 16

17

(C) Any shift starting work 6:00 p.m. and up to twelve midnight shall be considered a third shift and the 18

shift premium of two Dollars ($2.00) per hour will be added to the regular rate of pay for all 19

employees working on such a shift. 20

21

(D) Monday through Friday shall constitute the regular workdays. 22

23

(E) The starting time and quitting time of the various shifts, as herein provided for, may be changed 24

from time to time by the Company in accordance with operating cycle. 25

26

(F) There shall be no discrimination in the assignment of overtime work and overtime shall, insofar as 27

practicable, be allocated equitably amongst the employees qualified to perform the work operation 28

in question; it being understood, however, on work operations where the distribution of overtime, as 29

hereinabove provided, would not be practicable, the employees who regularly perform such work 30

operations, during the regular work hours, shall be given preference when overtime work is required 31

on such operations. When, in the opinion of the Company, it is necessary to work overtime, 32

employees who are entitled to such work, as hereinabove provided, shall be given at least one (1) 33

day notice and, in the event such notice is given, the employee(s) shall be expected to work a 34

reasonable amount of overtime, except for good and sufficient cause. 35

36

Unscheduled overtime requires continuation of the same job performed during the regular workday, 37

which was not anticipated in advance and shall be assigned to the employee performing the job task 38

during the regular shift. Such employees shall be expected to work a reasonable amount of this 39

unscheduled overtime, except for good and sufficient cause. 40

(SECTION 7. Cont’d) 41


9

(G) Wash-Up Period - The commencement of "wash-up" periods will be indicated by an appropriate 1

signal; no employee shall cease his work until he has received such signal. Any employee downing 2

tools, stopping his machine, or leaving his work place prior to the sounding of the signal will be 3

subject to discipline. Duration of the "wash-up" period shall be five minutes prior to quitting time 4

on each shift. 5

6

(H) For the duration of this Agreement, there shall be two (2) rest periods of ten (10) minutes duration, 7

one of which shall be during the first four (4) hours of each shift and the other during the second 8

four (4) hours of each shift. During such rest periods, each employee shall be paid the applicable 9

hourly rate and the employees, may, if they desire to do so, obtain and consume refreshments or 10

food. 11

12

(I) Employees required to work in excess of eight (8) hours in any day shall be given a ten (10) minute 13

rest period after eight (8) hours of work and a further ten (10) minute rest period every two (2) 14

hours thereafter, during which the employees may, if they desire to do so, obtain and consume 15

refreshments or food, provided, however, that the employees required to work in excess of twelve 16

(12) hours in any day shall be given a twenty (20) minutes meal break after the completion of their 17

twelfth hour of work, and the Company agrees to provide such employee with an adequate meal 18

selected by the employer from any take-out service in the vicinity, at the Company's expense. 19

During such rest periods and lunch period, each employee shall be paid the applicable overtime rate 20

and no work shall be performed, or shall be paid the applicable overtime rate of a half (1/2) hour in 21

lieu of meal break 22

23

(J) Should the Company institute a third shift, the wage rates and hours of work will be negotiated 24

between the Company and the Union before the commencement of the said third shift. 25

26

(K) All efforts will be made by the Company to start employees not later than 7:00 a.m. where in the 27

opinion of management it does not interfere with the production schedules of the plant and/or does 28

not force other crews onto wage premiums for starting shifts before 6:00 a.m. 29

30

OVERTIME 31

SECTION 8 32 33

(A) All work done by an employee before or after the regular work hours on any shift and all work done 34

in excess of the regular workday or regular workweek in any shift, shall be paid for at the rate of 35

one and one-half (1 1/2) times such employee's current regular straight-time hourly rate for the first 36

four (4) hours and thereafter at double such employee's current regular straight-time hourly rate. 37

38

39

(SECTION 8. Cont'd) 40

(B) All work done by an employee on Saturday shall be paid for at the rate of one and one-half (1 1/2) 41


10

times such employee's current regular straight-time hourly rate for the first six (6) hours and 1

thereafter at double such employee's current regular straight-time hourly rate. Employees assigned 2

to the second and third shift(s), if any, for the preceding Friday shall complete such shift(s) on 3

Saturday morning at such employee's applicable rate for the preceding Friday. 4

5

(C) All work done by an employee on Sunday shall be paid for at double such employee's current 6

regular straight-time hourly rate. 7

8

(D) All work done by an employee on any recognized holiday specified in the succeeding section, or 9

day observed as such, shall be paid for at double such employee's current regular straight-time 10

hourly rate. 11

12

HOLIDAYS - HOLIDAY PAY 13

14

SECTION 9 15 16

(A) For the purpose of this Agreement, the following shall be recognized as holidays: New Year's Day, 17

Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving 18

Day, Remembrance Day, Christmas Day and Boxing Day or days observed as such. Should any of 19

the foregoing holidays occur on Saturday or Sunday, the following Monday instead of such 20

Saturday or Sunday shall be recognized and observed as the holiday in question, provided however, 21

that when Christmas Day occurs on Saturday or Sunday, Boxing Day shall be observed on the 22

following Tuesday. All work done on any of the foregoing holidays, or days observed as such, shall 23

be paid for at the rate of three (3) times the regular straight-time hourly rate which shall include 24

"holiday pay" as provided for in Subsection (B) below. No work shall be done on Labour Day 25

except where absolutely necessary to avoid hazard to life or property. 26

27

(B) Each employee shall be paid for eight (8) hours at his regular straight-time hourly rate for each of 28

the following holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, 29

Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing 30

Day or days observed as such although not worked. Should any employee work less than the 31

number of hours constituting his regular workday on any of the aforementioned holidays, or days 32

observed as such, he shall be paid three (3) times his regular straight-time hourly rate for all hours, 33

or portions thereof worked, and the remaining hours or portions thereof constituting his regular 34

workday on which no work is performed, shall be paid for at the employee's regular straight-time 35

hourly rate. Should any of the aforementioned holidays occur or be observed during the vacation 36

period of any employee, such employee shall be paid for such holiday, as hereinabove provided, in 37

addition to vacation pay. 38

39


11


2

(C) Family Day 3

4

(1) If the Provincial Government moves Family Day to a Sunday, employees will be paid for 5

eight (8) hours at their regular straight-time hourly rate for the holiday, but all employees 6

will be required to work the following Monday at regular hourly rates. 7

8

(D) In order to be eligible to receive pay for any of the above mentioned holidays, or days observed as 9

such, not worked as provided for in Subsection (B) above, an employee must have been employed 10

by the Company thirty (30) days or more prior to the occurrence or observance of the holiday in 11

question, and such employee must have worked for the Company on the last regular workday 12

immediately preceding and on the first regular workday immediately following the holiday in 13

questions, unless his failure to work for the Company on such day, or days, was due to absence 14

because of being on paid vacation, as hereinafter provided for in this Agreement, or, because of 15

confirmed illness or injury that occurred or commenced on the holiday, the day immediately 16

following the holiday, or during the thirty (30) days immediately preceding the holiday in question, 17

or because of death in the immediate family (mother, father, spouse, common-law spouse, mother, 18

father, or child of common-law spouse, child, brother, sister, father-in-law, mother-in-law), of an 19

employee, or for similar good cause authorized, directed or approved by the Company. 20

21


12

CLASSIFICATIONS - WORK ASSIGNMENTS 1

RATES OF PAY 2

SECTION 10 3 (A) Each employee shall be classified in the hereinafter mentioned classification which covers the work 4

operation he performs for the Company. 5

Effective as of May 15, 2010, each employee shall be paid not less than the minimum hourly rate 6

hereinafter set forth in Column "A" for the classification in which such employee is included or 7

classified Effective as of May 15, 2011, each employee shall be paid not less than the minimum 8

hourly rate hereinafter set forth in Column "B" for the classification in which such employee is 9

included or classified. 10

SKILLED POSITIONS

A WAGE RATE MAY 15 2009 X 2.5 %

RATE PLUS INCENTIVE BONUS

B WAGE RATE MAY 15 2009 X 3 %

RATE PLUS INCENTIVE BONUS

MAINTENANCE ELECTRICIAN ( JOURNEYMAN )

$28.68 $29.54

1 YEAR OR GREATER $30.93 $31.79 LESS THAN 1 YEAR $30.33 $31.19 WELDER 1ST CLASS $26.84 $27.64

1 YEAR OR GREATER $29.09 $29.89 LESS THAN 1 YEAR $28.49 $29.29 SHUTTLE LIFT OPERATOR $24.81 $25.55 1 YEAR OR GREATER $27.06 $27.80 LESS THAN 1 YEAR $26.46 $27.20 CEMENT FINISHER 1ST CLASS $24.54 $25.27 1 YEAR OR GREATER $26.79 $27.52 LESS THAN 1 YEAR $26.19 $26.92 OVERHEAD CRANE OPERATOR $23.26 $23.95

1 YEAR OR GREATER $25.51 $26.20 LESS THAN 1 YEAR $24.91 $25.60 MAINTENANCE REPAIRMAN 1 $23.27 $23.96

1 YEAR OR GREATER $25.52 26.21

LESS THAN 1 YEAR $24.92 25.61 EQUIPMENT OPERATOR / FORKLIFT/ LOADER OPERATOR

$22.62 $23.29

1 YEAR OR GREATER $24.87 $25.54 LESS THAN 1 YEAR $23.27 $24.94


13

1

2

3


SANDBLASTER $23.72 $24.43 1 YEAR OR GREATER $25.97 $26.68 LESS THAN 1 YEAR $225.37 $26.08 WELDER 2ND CLASS $23.51 $24.21 1 YEAR OR GREATER $25.76 $26.46 LESS THAN 1 YEAR $25.16 $25.86 MAINTENANCE REPAIRMAN II $22.24 $22.90 1 YEAR OR GREATER $24.49 $25.15 LESS THAN 1 YEAR $23.89 $24.55 MIXER $22.62 $23.29 1 YEAR OR GREATER $24.87 $25.54 LESS THAN 1 YEAR $24.27 $24.94 STEEL BENDER $22.39 $23.06 1 YEAR OR GREATER $24.64 $25.31 LESS THAN 1 YEAR $24.04 $247.71 QUALITY CONTROL I $23.07 $23.76 1 YEAR OR GREATER $25.32 $26.01 LESS THAN 1 YEAR $24.72 $25.41 QUALITY CONTROL II $21.60 $22.24 1 YEAR OR GREATER $23.85 $24.49 LESS THAN 1 YEAR $23.25 $23.89 STEEL CUTTER $21.85 $22.50 1 YEAR OR GREATER $24.10 $24.75 LESS THAN 1 YEAR $23.10 $24.15 CEMENT FINISHER 2ND CLASS $21.60 $22.24 1 YEAR OR GREATER $23.85 $24.49 LESS THAN 1 YEAR $23.25 $23.89 LABOURER 1 / SWAMPER $20.14 $21.77 1 YEAR OR GREATER $22.39 $24.02 LESS THAN 1 YEAR $21.79 $23.42 LABOURER II $19.24 $19.81 1 YEAR OR GREATER $21.49 $22.06 LESS THAN 1 YEAR $20.89 $21.46 LABOURER < 6 MONTHS $18.45 $19.00 $20.10 $20.65


14

1

2


4

5

The Company will grandfather employment seniority for those few who cannot attain Labourer 1 where 6

work exists that they are capable of performing. 7

8

The Company will train reclassified employees by seniority within a nine month period; and recalled 9

employees within nine months of recall. 10

11

Existing employees will be able to achieve Labourer 1 without there being a vacancy. For higher 12

classifications, employees can apply to posted notices of vacancies. 13

14

Sub-Foremen - Will be paid an hourly rate of a minimum of 10% over his/her Lead Hand 15

Lead-Hand - Will be paid and hourly rate of a minimum of 15% above than the highest 16

classification under his/her supervision. 17

18

(B) The Company may, at any time, temporarily assign any employee or employees, to any class of 19

work other than that on which he or they are normally employed; provided, however, that any 20

employee so temporarily assigned in any one day for an hour or more, at a class of work for which 21

the minimum wage rate herein specified is higher than his regular wage rate, shall for the time 22

engaged in such work, be paid the minimum wage rate herein agreed to be applicable to such work; 23

and provided further, that any employee temporarily assigned to a class of work for which the 24

minimum wage rate herein specified is lower than his regular wage rate, shall, while engaged in 25

such work, be paid his regular wage rate. 26

27

(C) There shall be no reduction in the wage rate of any employee for the duration of this Agreement, 28

even though the employee may be receiving more than the minimum wage rate for his 29

classification, except as a result of a demotion made in accordance with the seniority provisions 30

hereinafter in this Agreement set forth. 31

32

(D) Should the Company undertake new or different work operations not covered by the above 33

classifications, such work operations shall be classified and minimum wage rates established 34

therefore through prompt negotiations between the Company and the Union and when such 35

classifications and wage rates have been determined (it being understood such determination shall 36

be made within thirty (30) days after the commencement of such operations), the provisions thereof 37

shall become effective as of the time such work operations commence, or retroactive thereto. 38

39


15

PAY DAYS - PIECE WORK PROHIBITED 1

2

SECTION 11 3 4

(A) Employees shall be paid on a regular designated payday every two weeks by cheque or electronic 5

deposit. When an employee is laid off or discharged, he will be paid any outstanding pay within 6

seventy-two (72) hours by cheque or electronic deposit. 7

8

(B) There shall be no piece or contract work by the employees and all work performed shall be paid for 9

on an hourly basis. 10

11

REPORTING PAY 12

SECTION 12 13 14

(A) Any employee who is scheduled or required to and does report for work on any day and is not put to 15

work for at least four (4) hours shall be paid at the applicable rate for four (4) hours actual work on 16

that day, except where failure to so put such employee to work is occasioned by non-operation of 17

the plant, or a substantial part thereof, as a result of fire, Act of God, failure of power or major 18

breakdown of equipment. 19

20

(B) Any employee who, by order of the Company, reports for work during the ten (10) consecutive 21

hours immediately following the termination of his or her last shift shall, for all time worked during 22

such ten hour period, be paid the applicable overtime rate therefore, or such employee shall receive 23

two (2) hours pay at the applicable overtime rate, whichever is greater. 24

25

(C) Any employee injured at the Company's plant, who is sent to a doctor and returns to work during his 26

or her regular working hours the same day, shall be paid by the Company the applicable wage rate 27

for such time thereby lost on such day by such employee; and if he or she shall, on any subsequent 28

day on which he or she performs work for the Company, go to the doctor for treatment of such 29

injury during his or her regular working hours, he or she shall be paid by the Company, the 30

applicable wage rate for such time thereby lost on such day by such employee. Should an injured 31

employee be admitted to a hospital or be instructed by the Company or the doctor to refrain from 32

performing further work on the day such employee is injured, such employee shall receive the 33

applicable hourly rate for the entire work day. Any employees injured at the Company's plant who 34

are working overtime at the direction of the Company will be paid to the remainder of the nearest 35

working hour. 36

37


16

VACATIONS 1

2

SECTION 13 3 4

(A) Each of the Company's employees, to whom this Agreement is applicable, shall, in each year this 5

Agreement remains in effect, be granted a vacation with pay in accordance with the following 6

provisions. 7

8

(B) Employees with less than one (1) year of service - Employees with less than one (1) year of 9

service with the Company, as of their anniversary date of hire, shall receive two (2) weeks vacation 10

commencing on a Monday, and vacation pay equal to four percent (4%) of their total earnings. 11

12

Employees with one (1) year but less than five (5) years service - Employees with one (1) year 13

but less than five (5) years service with the Company shall receive two (2) weeks vacation, 14

commencing on a Monday, and vacation pay equal to five percent (5%) of their regular earnings. 15

16

Employees with five (5) years but less than ten (10) years service - Employees with five (5) 17

years but less than ten (10) years service with the Company shall receive three (3) weeks vacation, 18

commencing on a Monday, and vacation pay equal to seven percent (7%) of their regular earnings. 19

20

Employees with ten (10) years but less than fifteen (15) years of service - Employees with ten 21

(10) years but less than fifteen (15) years of service with the Company shall receive four (4) weeks 22

vacation, commencing on a Monday, and vacation pay equal to nine percent (9%) of their regular 23

earnings. 24

25

Employees with fifteen (15) or more service - Employees with fifteen (15) years or more service 26

with the Company shall receive five (5) weeks vacation, commencing on a Monday, and vacation 27

pay equal to eleven percent (11%) of their regular earnings. 28

29

(C) For the purpose of computing an employee's regular earnings, vacation pay earned by an employee 30

in the previous year, all overtime earnings, shift differential and holiday pay paid by the Company, 31

for the twelve (12) month period shall be included in such total earnings. 32

33


17


2

(D) Vacations shall not be accumulative but must be granted and taken in the calendar year in which 3

they are due. Vacations shall be granted during the period from May 01st to September 30th at the 4

time most desired by the employee in question with due regard for seniority, provided, however, 5

that the final allocation of vacation periods for the individual employees shall rest exclusively with 6

the Company in order to ensure continuity of plant operations. Each employee shall notify the 7

Company by April 15th of each year of the vacation period most desired; the Company shall notify 8

each employee by April 30th of each year of the vacation period allotted to such employee. If an 9

employee is absent from work because of confirmed illness or injury on the workday such 10

employee's vacation would have commenced, the vacation time so lost will be rescheduled within 11

the remaining vacation year. 12

13

(E) Employees shall be paid their vacation pay at least five (5) regular work days prior to the next 14

scheduled pay day, however, in the event an employee's employment with the Company should be 15

terminated for any reason prior to his vacation period, the said employee, or employees, shall be 16

paid their accrued vacation pay computed in accordance with their length of service as hereinabove 17

provided, to date of termination. 18

19

WELFARE BENEFITS 20

21

SECTION 14 22 23

(A) The Company agrees to obtain from an Insurance Company and/or Health Service Plan mutually 24

acceptable to the Company and the Union and legally authorized to operate in the Province of 25

Alberta, hereinafter referred to as the "Insurance Company", group insurance protection for each 26

employee covered by this Agreement which will provide each employee with the benefits 27

hereinafter set forth in the schedule of "Employee Benefits". 28

29

(B) The Company also agrees to obtain for each of its employees' dependents (wife and unmarried 30

children to age twenty-one (21) or age twenty-five (25), if in full time attendance at an accredited 31

institute, college, or university, also including mentally or physically infirm dependent children over 32

twenty-one (21); the benefits hereinafter set forth in the schedule of Dependents' Benefits. 33

34


18


2

(C) Employee Benefits 3

4

COVERAGE

AMOUNT

EXPLANATION

1. Life Insurance

$25,000.

Payable upon death from any cause.

2. a. Accidental Death b. Loss: Both hands or both feet or both eyes or any two of these members. c. Loss: One hand or one foot or sight of one eye.

$25,000. $25,000. $12,500.

Payable upon death from any accidental cause, and is in addition to Item I. Covers any accidental injury. Covers any accidental injury.

3. Weekly Sick or Accident Benefit

Based on the current UIC legislation, employees will collect UIC Sick Benefit for a period of fifteen (15) weeks after a two (2) week waiting period. Should this benefit be eliminated through future legislative changes, the company will reinstate the Weekly Indemnity policy and the Long Term Disability policy (Section 14(6)) as per the Union Contract covering the period May 15, 1991 to May 14, 1993.

4. Hospital Benefits and "Other Services"

As provided for by the "Alberta Blue Cross" 100% Reimbursement.

5. Medical and Surgical Benefits

As provided for by the Alberta Health Care Insurance Commission.

6. Long Term Disability

The amount of monthly benefit will be 65% of basic monthly earnings to a maximum of $2,500.00 per month. This benefit will be paid after a 17 week waiting period. The expiry date of coverage would be at age sixty five (65) for accident or sickness.

7. Dental Plan (A) Dental Plan (B)

As provided for by the Alberta Blue Cross Basic Dental Services Plan. 100% reimbursement basis. As provided for by the Alberta Blue Cross Extensive Dentistry and Orthodontics Plans. 50% reimbursement basis.

8. Alberta Blue Cross Vision Care

As provided for by the Alberta Blue Cross Plan. $200.00 maximum benefit for any 24 month period/family member.

DEPENDENT BENEFITS 1. Hospital Benefits

As provided for by the "Alberta Blue Cross" 100% reimbursement basis.

2. Medical and Surgical Benefits

As provided for by the Alberta Health Care Insurance Commission.

3. Dental Plan (A) Dental Plan (B)

As provided for by the Alberta Blue Cross Basic Dental Services Plan. 100% reimbursement basis. As provided for by the Alberta Blue Cross Extensive Dentistry and Orthodontics Plans. 50% reimbursement basis.

4. Alberta Blue Cross Vision Care

As provided for by the Alberta Blue Cross Plan. $200.00 max. benefit for any 24 month period per family member.

5

6


19


2 (D) Each employee shall be furnished by the Company, a copy of the insurance policy and/or booklet 3

and identification card containing the benefits hereinabove set forth. 4

5

(E) The Company agrees to assist its employees in filing all claims for benefits provided for in said 6

insurance policy and/or booklet, without cost to the employees, with respect to obtaining prompt 7

and proper settlement of all claims. 8

9

(F) Each employee and each employee's dependents, if any, shall be fully covered by the benefits set 10

forth herein on the day such employee becomes eligible, (the first day of the calendar month 11

following thirty (30) days worked, and the Dental Plan coverage is effective the first day of the 12

calendar month after the employee has accumulated six (6) months seniority with the Company), 13

and shall continue to be fully covered while in the employ of the Company. In the event of an 14

employee covered by the benefits set forth in this Section 14 being off work because of illness or 15

injury only, the Company will continue to pay its share of the cost of such employee's welfare 16

benefits (including dependents benefits) for as long as such employee retains his seniority as 17

provided for elsewhere in this Agreement. 18

19

(G) The benefits provided for in this Section 14 shall be paid for on the following basis: The Company 20

shall pay seventy-five percent (75%) and the employees shall pay twenty-five (25%) of the 21

premium costs of the benefits for each employee and his dependents. 22

23

(H) Pension Trust Fund 24

25 (1) Effective as of January 01st, 1981, a Pension Trust Fund was established. The Pension 26

Trust Fund shall be known as Shopmen's Local Union No. 805 Pension Trust Fund and 27

shall be administered by three (3) trustees appointed by the Union. 28

29

(2) It is understood and agreed that pursuant to the Agreement and Declaration of Trust 30

establishing the Shopmen's Local Union No. 805 Pension Trust Fund the Company agrees 31

to make contributions to the Shopmen's Local No. 805 Pension Trust Fund in accordance 32

with and to otherwise observe and be bound by the provisions of the Agreement and 33

Declaration of Trust establishing the Shopmen's Local Union No. 805 Pension Trust Fund 34

as the same are from time to time amended, supplemented or replaced and to sign a 35

Participation Agreement to that effect. 36

37


20


2

(3) . Effective May 15, 2010, the Company shall pay one dollar and ninety ($1.90) cents 3

per hour for each hour of time paid each employee covered by this Collective Agreement to 4

the Shopmen’s Local Union No. 805 Pension Trust Fund and each employee shall pay one 5

dollar and fifteen ($1.15) cents per hour for each hour of time paid him by the Company 6

covered by this Agreement to Shopmen’s Local Union No. 805 Pension Trust Fund. 7

Effective May 15, 2011, the Company shall pay two dollars and five ($2.05) cents per 8

hour for each hour of time paid each employee covered by this Collective Agreement to the 9

Shopmen’s Local Union No. 805 Pension Trust Fund and each employee shall pay one 10

dollar and thirty ($1.30) cents per hour for each hour of time paid him by the Company 11

covered by this Agreement to Shopmen’s Local Union No. 805 Pension Trust Fund 12

. Holiday pay as provided for in Section 9 of this Agreement and overtime pay shall be 13

considered as time paid for. Vacation time as provided for in Section 13 is not included. 14

15

(4) The Company shall contribute monthly to the Pension Trust Fund. The contribution 16

payable to the Administrator designated by the Trustees, is due by the fifteenth (15th) of the 17

month following the work-month completed. The payment will include the employees' 18

contributions, plus the Company's contribution. 19

20

(5) The benefits received by employees from the Shopmen's Local Union No. 805 Pension 21

Trust Fund shall be those benefits which are determined from time to time by the Trustees. 22

23

(6) The Trustees of the Shopmen's Local Union No. 805 Pension Trust Fund, or their 24

authorized representatives shall have the right at all times during business hours and after 25

notice to the Company, to examine payroll and employment records of the Company to 26

permit the Trustees to determine whether the Company is making full payment of 27

contributions as required by this Agreement. 28

29

ERECTION & FIELD FABRICATION 30

31

SECTION 15 32 33

No employee covered by this Agreement will be permitted to work on field fabrication, installation 34

or erection work coming within the jurisdiction of an outside local union of the International unless granted 35

written permission by the Business Agent or Secretary of the outside local union in the jurisdiction in 36

which the work is to be performed. 37

38

The field repair of Plant Fabrication errors or omissions will be carried out in the first instance by 39

the employee(s) responsible for the above noted errors and/or omissions. 40

41


21

APPRENTICES 1

SECTION 16 2 3

The provisions of this Agreement shall be applicable to Apprentices if any are employed by the 4

Company. However, Apprentices shall not be employed except in accordance with "Standards of 5

Apprenticeships" approved by the Company, Union, the International and must conform to the 6

Apprenticeship Act of the Province of Alberta. 7

8

SENIORITY 9

10

SECTION 17 11 12

(A) New employees shall be regarded as probationary employees for the first sixty (60) work days of 13

their employment from the first date of employment. During the aforementioned probationary 14

period, employees may be discharged or may be laid off without reference to length of services; 15

and, in either event, the Company shall be under no obligation to re-employ such person. Upon 16

completion of the aforementioned probationary period, employees shall have a plant-wide seniority 17

status in accordance with their length of continuous service from date of hiring. Layoffs due to lack 18

of work, injury, or illness of the employees, leaves of absence as hereinafter provided for in this 19

Agreement, or other cause not due to the voluntary act or fault of the employee, shall not constitute 20

interruption of continuous service, as the term "continuous service" is used in this Section, and the 21

employee's seniority status shall not be affected by such interruptions; provided, however, the 22

continuous service of an employee and his seniority status based thereon shall be terminated for any 23

of the following reasons, unless the Company and the Union by agreement in writing, determine 24

otherwise. 25

26

(1) Absence from work without leave as hereinafter provided for in this Agreement, or without 27

notifying the Company; for three (3) consecutive workdays, unless the employee can prove 28

that his failure to obtain such leave was due to circumstances beyond his control. 29

30

(2) Failure to report to work or return to work, when laid off in accordance with the following: 31

Any employee who is laid off shall keep the Company advised in writing of his current 32

address, and the Company shall notify such employee, in writing, or by telegram addressed 33

to such address, when an opening is available for him in line with his seniority status. Such 34

notice shall specify the date and hour to report to work, which shall not be less than five (5) 35

working days, nor more than fifteen (15) working days after the mailing or sending of such 36

notice. A copy of such notice shall be given to the Chief Shop Steward within twenty-four 37

(24) hours after the same is mailed or sent. The employee shall reply by mail or telegram 38

addressed to the Company, within four (4) working days after the mailing or sending of 39

such notice whether he will report for work at the time stated. 40

41


22


2

(3) Discharge of an employee for proper cause. 3

4

(4) When an employee resigns or quits. 5

6

(5) Failure of an employee to report to work and return to work following the conclusion of an 7

approved leave of absence. 8

9

(6) When an employee has not performed any work for the Company for twelve (12) 10

consecutive months as a result of layoffs, by the Company, or as a result of illness or 11

injury, it being understood that, by mutual agreement between the Company and the Union, 12

the aforementioned twelve (12) consecutive month period may be extended in cases of 13

compensable illness and/or injury. 14

15

(B) In all cases of promotions (except to supervisory positions not covered by this Agreement) or 16

demotions, when vacancies occur, when new jobs are created, when jobs are abolished or re-17

established, as well as in all cases of increase or decrease of forces, employees shall be given 18

preference in accordance with their length of continuous service, subject to their relatively equal 19

ability to perform the work in question. 20

21

(C) In all cases of reduction of forces, the employees affected and the Chief Shop Steward and/or 22

Department Steward shall be notified according to the following schedule. 23

24

(1) Temporary Layoffs 25 26

Employees with more than thirty days service shall receive five (5) working days notice on 27

a temporary layoff. Temporary layoff is defined as a layoff of more than three (3) working 28

days, but less than sixty (60) calendar days. 29

30

(2) Non-Temporary Layoffs 31

32

(a) Employees with more than three (3) months, but less than two (2) years continuous 33

service, shall receive five (5) working days notice. 34

35

(b) Employees with two (2) years, but less than four (4) years continuous service, shall 36

receive ten (10) working days notice. 37

38

(c) Employees with four (4) years, but less than six (6) years continuous service, shall 39

receive twenty (20) working days notice. 40

41


23

1


(d) Employees with six (6) years, but less than eight (8) years continuous service, shall 3

receive twenty-five (25) working days notice. 4

5

(e) Employees with eight (8) years, but less than ten (10) years continuous service, 6

shall receive thirty (30) working days notice. 7

8

(f) Employees with ten (10) years continuous service, shall receive forty (40) working 9

days notice. 10

11

12

Employees not so notified, or temporary laid off employees whose layoff extend for sixty (60) 13

calendar days or more and who are not recalled prior to a loss of seniority, shall receive his or her 14

regular rate of pay for any difference between the length of notice given to him or her and the 15

requirements provided for above. 16

17

The above notice shall not be required with respect to temporary layoffs because of lack of work for 18

a period of three (3) days or less, or because of breakdown of machinery, floods, fires, or Acts of 19

God, or because of discharge of an employee for proper cause. 20

21

In order to determine which employee or employees the above notice shall be given to, it is agreed 22

that four (4) work days before notices are to be given, the Department Foreman, with the 23

Department Steward, shall interview the employee or employees performing the work operation on 24

which a reduction of force is to be made and shall ascertain during such interview if the employee 25

or employees involved desire to exercise their rights by accepting another work operation during 26

such period of reduction in forces, or accept the layoff. The decision made by each employee 27

during such interview shall be final and binding upon such employee. It is understood and agreed 28

that the provisions of this Subsection (C) shall not apply to probationary employees. Any employee 29

who is notified that he or she is to be laid off shall be expected to continue to render the Company 30

his or her usual service. 31

32

(D) The Company shall, within fifteen (15) days after the signing of this Agreement furnish the Union, 33

and post on its bulletin boards, a seniority schedule containing the name, date of employment, 34

badge or clock number, and classification of each employee. Revised schedules shall be furnished 35

to the Union by the Company and copies thereof posted by the Company on its bulletin boards each 36

three (3) months during the term of this Agreement. 37

38

In order to facilitate the proper administration of this Agreement, the Chief Shop Steward shall be 39

furnished, upon request, information concerning the employment date, classification, and rate of 40

pay of any employee to whom this Agreement is applicable. 41


24

1


(E) The Company will advise the plant work force, by notice on plant bulletin boards, of vacancies 3

and/or promotion opportunities. Where possible, such notice will be given three (3) days prior to 4

the occurrence of such vacancy or opportunity. Applications, in writing, will be accepted by the 5

Company, and subject to relatively equal ability to perform the work, preference will be given to 6

the applicant with the most seniority. Duration of trial periods will be established by the Company 7

for such openings. Should an applicant prove unsuccessful in qualifying for the new opening, he 8

will be returned to his former classification with no loss of seniority. Should the applicant prove 9

successful, pay increases, in accordance with the established rates for the classification, will apply 10

to when the applicant is deemed qualified for the position, but no later that four (4) weeks from 11

start of training. 12

13

LEAVES OF ABSENCE 14

15

SECTION 18 16 17

(A) Leaves of absence, without pay, shall be granted by the Company to an employee for reasonable 18

cause, without prejudice to the employee's seniority or other rights. Application for leave of 19

absence must be made in writing to a representative of the Company designated by it for such 20

purpose. If approved in writing by such Company representative, a copy thereof will be given to 21

the Chief Shop Steward for the Union. Generally, such leave of absence will be for a period of not 22

more than thirty (30) days, but may be extended for reasonable cause by mutual agreement between 23

the Company and the Union. Any employee elected or appointed as a Union officer, or as a 24

delegate to any labour activity, necessitating a leave of absence, shall be granted such leave, without 25

pay, for a period of a single term of office or three (3) years, whichever is the lesser, subject to a 26

renewal at the end of such period at the option of the Company. Employees granted "leaves of 27

absence" shall be re-employed by the Company at the end of such leave if work is available in 28

accordance with his accumulated seniority and, in any event, shall be re-employed as soon as work 29

is available in accordance with such employee's seniority status. Any employee who, while on 30

leave of absence, obtains employment with another employer without having obtained prior 31

permission to do so from the Company and the Union, shall be subject to discharge. The Chief 32

Shop Steward shall receive a copy of the permission for the leave of absence within one (1) 33

workday of it being issued to the employee. The Chief Shop Steward or the employee's Shop 34

Steward shall have his copy before the leave of absence becomes effective. 35

36

(B) All negotiations for a new agreement or amendments to this Agreement shall be conducted during 37

regular working hours and the Company agrees that subject to a maximum of three (3) employees, 38

no employee member of the Union's Negotiations Committee will lose pay as a result of such 39

negotiations. 40

41


25

1


3

(C) In the event of a death in the employee's immediate family, and recognized common-law equivalent

relationships of the employee. The Company shall grant Five (5) days with pay for their immediate

family (Spouse and Child), and three (3) days with pay for the remaining immediate family, leave

of absence for the purpose of attending, or making the arrangements for the funeral. The Company

may, if it deems necessary, require proof of such attendance. For the purpose of this subsection, the

immediate family shall be defined as the spouse, mother, father, children, brother, sister,

grandparents, grandchildren, father-in-law, mother-in-law, brother-in-law and sister-in-law.

4

GRIEVANCE PROCEDURE 5

SECTION 19 6 7

(A) A Chief Shop Steward and not less than two (2) nor more than five (5) additional Shop Stewards 8

shall be appointed by the Union from among its members employed by the Company. 9

(B) The Chief Shop Steward and two (2) additional Shop Stewards shall constitute the Shop Committee. 10

In the absence of the Chief Shop Steward, three (3) Shop Stewards shall constitute the Shop 11

Committee. Shop Stewards shall not be discriminated against for performing their duties as 12

hereinafter provided. 13

14

(C) Any grievance for the purpose of this Agreement is any difference arising as to the interpretation, 15

application, administration, operation, contravention or alleged contravention of this Agreement. A 16

grievance shall be resolved, or attempt to be resolved, through the grievance procedure set out in 17

this subsection. 18

19

Step 1 An employee who has a grievance shall first endeavour to discuss and resolve the 20

grievance with his Shop Steward and the Foreman of the Department. Step 1 shall 21

occur within five (5) days of the date the employee became aware of, or reasonably 22

should have become aware of the occurrence, which led to the grievance, and an 23

earnest effort shall be made to resolve the matter at this stage. 24

25

Step 2 If the grievance cannot be satisfactorily resolved within five (5) days of the first 26

discussion with the Shop Steward and the Foreman of the Department, as set out in 27

Step 1, and then within the next five (5) days the grievance shall be reduced to 28

writing and submitted to the Plant Superintendent of the Company. The written 29

grievance shall identify: 30

31


26


(1) The nature of the grievance 2

3

(2) The section(s) of the Collective Agreement alleged to have been violated; 4

and 5

6

(3) The redress sought 7 8 Within five (5) days of receipt of the written grievance, the Plant Superintendent of the Company or his 9

designate will schedule and conduct a meeting to discuss the grievance with the Union. Grievance 10

meetings shall be conducted at a mutually agreed time by arrangement between the Company and the 11

Union. The Plant Superintendent of the Company or designate (or in the case of a policy grievance 12

initiated by the Company, then the Union shall within five (5) days of the meeting respond to the grievance 13

in writing to the employee (if applicable) and to the Union. 14

15 Step 3 If the written response of the Plant Superintendent of the Company or his designate 16

does not resolve the grievance, then the Union shall have five (5) days from the date 17

of receipt of the written response at Step 2 to advance to a written request to meet 18

with the General Manager of the Company or designate to meet at a mutually 19

agreed upon time. This meeting must occur within five (5) days of request. Failure 20

to resolve the matter at this step shall advance the matter to arbitration pursuant to 21

Section 20. 22

23

(D) Grievances shall be categorized as follows: 24

25

(1) An individual grievance is a dispute affecting one (1) employee. 26

27

(2) A group grievance is a dispute affecting two (2)or more employees. A group grievance 28

shall list all employees affected by the grievance. 29

30

(3) A policy grievance is a dispute between the Company and the Union, which due to it’s 31

nature, is not properly the subject of an individual or group grievance. 32

33

(E) Settlements or resolution reached at any step of the Grievance procedure shall apply to the case in 34

question, including Mediator or Arbitrator and shall not set precedents for future cases. 35

36

(F) Time Limits: 37

38

(1) If the party initiating the grievance fails to comply with any time limit in the Grievance 39

Procedure, then the grievance shall be deemed to be abandoned. 40 41


27


2

(2) If the party receiving the grievance fails to comply with any time limits in the Grievance 3

Procedure, then the grievance shall automatically move to the next step on the day 4

following the expiry of the particular time limit. 5

6

(3) The time limits of the Grievance Procedure can only be extended by mutual agreement in 7

writing between the Company and the Union. 8

9

(4) Throughout this Section 19, “days” means regular work days, excluding Saturdays, Sundays 10

and holidays named in this Agreement. 11

12

(G) Union Representation 13

14

(1) An employee may be assisted and represented by a Shop Steward when presenting a 15

grievance. The Shop Steward shall not suffer any loss of pay for time spent in assisting the 16

Grievor, provided that the Shop Steward first receives consent from his Supervisor, which 17

consent shall not be unreasonably withheld. All grievances shall be handled during regular 18

work hours without loss of pay to the Shop Committee. 19

20

(2) The Shop Stewards provided for and mentioned in this Section 19 shall have and possess 21

power and authority to act for and bind the Union only in connection with those functions, 22

rights, obligations and matters provided for in this Agreement. They shall not have, or be 23

deemed to have, any other authority to act for or bind the Union. 24

25

ARBITRATION 26

SECTION 20 27 28

(A) Any difference or dispute between the Company and the Union, or between the Company and an 29

employee, or employees, relating to the interpretation, application, administration, or alleged 30

violation of this Agreement, including any question as to whether or not a matter is arbitrable, that 31

has not been satisfactorily settled in accordance with the provisions of the preceding Section of this 32

Agreement, shall, upon request of either party to this Agreement, be submitted to arbitration. 33

34


28

(SECTION 20 Cont'd) 1

2

(B) When either party requests that any matter be submitted to arbitration as herein provided, it shall 3

make such request in writing addressed to the other party to this Agreement, and at the same time 4

nominate an Arbitration Chairperson. Within five (5) days thereafter the other party shall either 5

agree to such nomination, or put forth an alternate nomination. If within a further five (5) days the 6

parties cannot agree on either nominee, or either party fail to nominate, the grieving party may 7

apply to the Minister of Labour for the Province of Alberta to appoint a single arbitrator who’s 8

qualifications shall be impartiality, qualified in interpreting collective bargaining agreements, 9

familiar with Industrial Relations and not employed in any area of Civil Service. 10

11

(C) No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or 12

settle the grievance. 13

14

(D) No matter may be submitted to arbitration which has not been properly carried through the proper 15

steps of the grievance procedures set forth in Section 19. 16

17

(E) The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of 18

such Board will be final upon the parties hereto and the employee or employees concerned. The 19

parties will jointly bear the expense, if any, of the Chairman of the Arbitration Board. 20

21

(F) The foregoing provisions for arbitration are not intended and shall not be construed as in any way, 22

qualifying or making subject to change, any term or condition of employment specifically covered 23

by this Agreement, nor shall they apply to any dispute as to the terms or provisions to be 24

incorporated in any proposed new agreement between the parties. The Board of Arbitration shall 25

not have the right to add to or subtract from, modify or disregard any of the terms or provisions of 26

this Agreement. However, the Board of Arbitration is hereby authorized and empowered to make 27

its decision and award retroactive, if in its judgment circumstances justify such an award. Any 28

dispute between the parties as to the interpretation or construction to be placed upon the award as 29

hereinabove provided for shall be submitted to the Chairman of the Board of Arbitration which 30

made the award, who may thereupon construe or interpret the award so far as necessary to clarify 31

the same, but without changing the substance thereof, and such interpretation or construction shall 32

be binding upon all parties. 33

34

(G) If mutually agreed, in lieu of Arbitration, the parties may submit the dispute to a single expedited 35

Mediator mutually agreed upon, whose decision shall be final and binding. The expense of the 36

Mediator will be equally shared by the parties. 37

38


29

STRIKES AND LOCKOUTS 1

2

SECTION 21 3 4

The Company agrees that it will not cause or direct any lockout of its employees for the term of this 5

Agreement. The Union agrees that neither it, nor its representatives, will, during the term of this 6

Agreement, authorize, call, cause, condone, or take part in any strike, picketing, sit-down, stand-in, slow-7

down or curtailment or restriction of production, or interference with work in or about the Company's plant 8

or premises. The Union further agrees that any employee, or employees, participating in, taking part in, 9

instigating or assisting in instigating, in such strike, picketing sit-down, stand-in, slow-down, or curtailment 10

or restriction of production, or interference with work in or about the Company's plant or premises for the 11

duration of this Agreement, shall be subject to discipline or discharge. The term "slow-down" shall mean a 12

condition or willful restriction or reduction of production by an employee which is within such employee's 13

reasonable control. 14

15

PLANT VISITATION 16

17

SECTION 22 18 19 An authorized representative of the Union shall be permitted to visit the office of the Company at all reasonable hours

and after receiving the required permission, such permission will not be unreasonably withheld, will be permitted to visit the Company's shop during working hours to investigate any matter covered by this Agreement, but shall in

(F) For those employees working in the Plant, will have their regular rate of pay increased by twenty cents ($0.20) per hour, in lieu of a clothing allowance. For those employees whose primary job requires them to work outside in all kinds of weather conditions, will have their regular rate of pay increased by twenty-five ($0.25) per hour, in lieu of a clothing allowance

no way interfere with the progress of the work. 20

21

BULLETIN BOARDS 22

23

SECTION 23 24 25

Bulletin Boards shall be made available by the Company for the exclusive use of the Union for the 26

posting of Union notices relating to meetings, appointments of committees, election of officers, seniority 27

schedules, dues, entertainment, health and safety. 28

29


30

SAFETY AND HEALTH 1

2

SECTION 24 3 4

(A) The parties hereto recognize the importance of safety provisions in the plant for the welfare of 5

employees and the reasonable provisions for the safety and health of its employees during the hours 6

of their employment. There shall be a permanent Safety Committee consisting of not more than 7

three (3) Persons, who shall be employees of the Company, selected by the Union, and an equal 8

number of persons selected by the Company. This Committee shall meet regularly on some one day 9

of each month, to be agreed upon by the members of the Committee, to investigate, discuss and 10

submit recommendations calculated to relieve any unsafe or unhealthy condition that may exist. 11

These recommendations are to be submitted to the Company and it agrees to make reasonable 12

efforts to improve any safety defect or unhealthy condition, which the Committee may call to its 13

attention. A copy of the minutes of the Safety Committee meetings shall be sent to the Chief Shop 14

Steward. 15

16

(B) The Company will supply gloves at no cost to the employees where gloves are required in the 17

performance of the work. Worn gloves must be returned before replacement gloves are provided. 18

19

(C) The Company will provide rain clothes, specifically jacket and pants, for employees whose work 20

assignment requires such protection. These will be handled on a checkout basis the same as tools 21

(See 24D). 22

23

(D) The Company will supply the tools required by each employee for the normal performance of his 24

duties including tapes, tape refills and chipping hammers on a sign-out basis. All articles are to be 25

returned in good condition, normal wear and tear accepted. The cost of such articles not so returned 26

shall be deducted from the employee's pay cheque. 27

28

(E) Each employee after one year of employment with the Company, will be reimbursed upon proof of 29

purchases, up to one hundred and twenty-five dollars ($125.00) per year for the purchase of CSA 30

approved steel-toe work boots. 31 (F) For those employees working in the Plant, will have their regular rate of pay increased by

twenty cents ($0.20) per hour, in lieu of a clothing allowance. For those employees whose primary job requires them to work outside in all kinds of weather conditions, will have their regular rate of pay increased by twenty-five ($0.25) per hour, in lieu of a clothing allowance

32 (G) All certified First Aid Attendants, appointed by the company, shall be paid a premium 33 rate of ten cents ($0.10) per hour. For those employees who are certified First Aid 34 Attendants and volunteer as alternate First Aiders, shall be paid a premium rate of ten 35 cents ($0.10) per hour. 36 37


31

SAVING CLAUSE 1

2

SECTION 25 3 4

It is assumed by the parties hereto that each provision of this Agreement is in conformity with all 5

applicable laws of Canada and the Province of Alberta. Should it later be determined that it would be a 6

violation of any legally effective Federal or Provincial Order or Statute to comply with any provisions of 7

this Agreement, the parties hereto agree to renegotiate such provision, or provisions, of this Agreement for 8

the purpose of making them conform to such Federal or Provincial Order or Statute, and the other 9

provisions of this Agreement shall not be affected thereby. 10

11

12

INTERIM AMENDMENT 13

14

SECTION 26 15 16

This Agreement may be amended at any time by an agreement in writing, executed by the parties 17

hereto. The party desiring such an amendment shall submit a proposal thereof in writing to the other party, 18

which shall be entitled "Request for Interim Amendment" and specify that it is given under Section 26, and 19

20

Upon receipt thereof, the other party shall promptly consider such proposal and, if requested to do 21

so, discuss it with the other party proposing the amendment. The giving of such written Request for 22

Interim Amendment shall in no way affect or result in a termination or expiration of this Agreement or 23

prevent or obstruct any continuation or renewal thereof. 24

25

It is expressly understood that if any disagreement should arise between the parties as to any 26

"Request for Interim Amendment" submitted by either party under this Section 26, such disagreement shall 27

not be review able under the grievance procedure set forth in Section 19, nor arbitrable under the arbitration 28

provisions and procedure set forth in Section 20 of this Agreement. 29


32

LETTER OF UNDERSTANDING 1

2 BETWEEN 3

4 ARMTEC (FORMALLY CON-FORCE STRUCTURES) 5

(Hereinafter referred to as the Company) 6 7

-AND- 8 9

SHOPMEN’S LOCAL UNION NO. 805 10 of the 11

INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND 12 REINFORCING IRON WORKERS 13 (affiliated with the AFL-CIO,CLC) 14

(Hereinafter referred to as the Union) 15 16 RE: ATTENDANCE INCENTIVE: 17 18 The Company and the Union agree that effective the date of ratification of this agreement and for the duration of this 19 contract the Company shall pay out an attendance incentive based on the following criteria. 20 21 The purpose of the attendance incentive is to reward good attendance. 22 23 Who is eligible for the incentive? – All Alberta Production Hourly Employees provided they meet the qualification 24 requirements as outlined below. 25 26 The incentive will be based on seniority and paid out as follows: 27 28 (A) 1 year or more service $2.25 for every hour worked (does not apply to overtime premiums) 29 30 (B) Attendance Incentive Qualification: For those Employees with less than 1 year of service and 31

those Employees who forfeit the incentive due to poor attendance: 32 33

Less than 1 Year Service $1.65 for every hour worked (does not apply to overtime premiums) 34

35

When a new hire commences employment with Armtec, they will be eligible to receive the 36

attendance bonus upon the completion of the first four (4) months of good attendance. This 37

bonus shall be paid out in the first pay period following the completion of the first four (4) 38

months of continuous employment, and every four (4) months thereafter for twelve (12) months 39

of continuous employment. 40

41

In the event that an Employee that reaches one (1) year of service, but has had two (2) periods of 42

poor attendance within a quarter, they shall forfeit the incentive and shall not progress to the 43

higher payout until they qualify again as prescribed above. Once they have successfully qualified 44


33

they shall begin to receive the higher incentive payout. 1 2

An incentive (less mandatory deductions) will be paid to any Employee who is not absent from work. 3

Employees are considered absent if they are not present for work as scheduled, regardless of cause, 4

unless absences have been authorized as follows: 5 6

Scheduled vacation time (either single day or multiple days) – Application of any vacation day must be 7 signed by the Plant Manager prior to taking time off. 8

Death in your immediate family (proof of death may be requested) 9 Scheduled health appointments that have been prearranged with your Foreman. The expectation is that the 10

employee will work the majority of their shift. 11 Or for similar good cause, authorized, directed or approve by the Company 12 Employees will be excused for on absent day every three months without penalty. 13

14 Unauthorized absences will be managed as follows: 15 16

The attendance incentive will be paid out two weeks in arrears at the end of each fourth week 17 If an employee takes an unauthorized day off all incentive earned in the previous two-week period will be 18

forfeited. 19 If a second unauthorized day off is taken the employee will forfeit the current two week incentive 20

21 22 Implementation Schedule 23 24 Date to be agreed upon 25 26 Payment of Attendance Incentive 27 28 The initial payment of the attendance incentive will be paid on the pay following the end of the 4 th week and 29 thereafter in two-week increments. 30 31 FOR MANAGEMENT: FOR THE UNION: 32 Armtec (Formally Con-Force) Shopmen’s Local Union No.805 33 International Association of Bridge, 34 Structural, Ornamental and 35 Reinforcing Iron Workers 36 (affiliated with the AFL-CIO, CLC) 37 ______________________________ ____________________________ 38 John Moody Bill Mercer 39 40 _______________________________ ____________________________ 41 Jan Kulikoski Dave Taylor 42 43 ____________________________ 44 Rick Ell 45 46


34

LETTER OF UNDERSTANDING 1

2 BETWEEN 3

4 ARMTEC (FORMALLY CON-FORCE STRUCTURES) 5

(Hereinafter referred to as the Company) 6 7

-AND- 8 9

SHOPMEN’S LOCAL UNION NO. 805 10 of the 11

INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND 12 REINFORCING IRON WORKERS 13 (affiliated with the AFL-CIO,CLC) 14 (Hereinafter referred to as the Union 15

16

RE: STUDENT EMPLOYEES 17 18

The Company may temporarily employ student employees to a maximum of six (6) students per break 19

in the student’s studies. During the break in the student’s studies, student employees that are employed 20

for a period of four months or less before returning to school, do not have to become a member of the 21

Union and is ineligible to receive benefits. But will have to pay half (1/2) of the regular monthly Union 22

dues as set out in section five (5) A of the current agreement as a condition of employment. 23

24

25

FOR MANAGEMENT: FOR THE UNION: 26 Con-Force Structures Limited SHOPMEN’S LOCAL UNION NO. 805 27

INTERNATIONAL ASSOCIATION OF 28

BRIDGE, STRUCTURAL, ORNAMENTAL 29

AND REINFORCING IRON WORKERS 30 (affiliated with the AFL-CIO, CLC) 31 32 33 34 ___________________________________ _____________________________________ 35 John Moody Bill Mercer 36

37

_________________________________ __________________________________ 38

Jan Kulikoski Dave Taylor 39

40

__________________________________ 41

Rick Ell 42

43


35

LETTER OF UNDERSTANDING 1 2

BETWEEN 3 4

ARMTEC (FORMALLY CON-FORCE STRUCTURES) 5 (Hereinafter referred to as the Company) 6

7 -AND- 8

9 SHOPMEN’S LOCAL UNION NO. 805 10

of the 11 INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND 12

REINFORCING IRON WORKERS 13 (affiliated with the AFL-CIO,CLC) 14

(Hereinafter referred to as the Union) 15 16

RE: FLOATING HOLIDAY 17 18 19 The company will recognize one floating Holiday Day per year, only to be taken during the month of December 20 between the dates of the 27th through the 31st. This Holiday Day will be determined for each year for the term of this 21 agreement, and to be adjusted during negotiations for a new Collective Agreement. 22 23 The Following Floating Holiday Days, determined for this Collective Agreement, are as follows: 24 25 December 31st, 2010 26 December 30th, 2011 27 28 These recognized Holiday Days shall be paid out in accordance to Section 9 of the Current Collective Agreement. 29 30 31 32 FOR MANAGEMENT: FOR THE UNION: 33 Armtec (Formally Con-Force Structures) Shopmen’s Local Union No.805 34 International Association of Bridge, 35 Structural, Ornamental and 36 Reinforcing Iron Workers 37 (affiliated with the AFL-CIO, CLC) 38 39 40 _______________________ _______________________ 41 John Moody Bill Mercer 42 43 _______________________ ________________________ 44 Jan Kulikoski Dave Taylor 45 46 _______________________ 47 Rick Ell 48


36

1

2

3

TERMS OF AGREEMENT 4

5

SECTION 27 6 7

This Agreement and any amendments thereto, shall continue in effect until midnight of 8

May 14, 2012, and shall continue automatically thereafter for periods of one (1) year each, unless either 9

party notifies the other, in writing, by registered mail, within the ninety (90) days, but not later than sixty 10

(60) days, immediately preceding such expiration date, of its desire to amend this Agreement. In the event 11

a notice of a desire to amend this Agreement is given by either party as hereinabove provided, the parties 12

shall meet within fifteen (15) days from the giving of such notice, or within such further period as the 13

parties may agree, for the purpose of negotiating such amendment or a new Agreement. 14

15

If, pursuant to such negotiations, a new Agreement or a renewal of this Agreement is not reached 16

prior to the current expiration date, the terms and conditions set forth in this Agreement and/or any 17

amendments thereto, shall continue in effect without change until a new Agreement is agreed upon or until 18

a strike or lockout occurs according to law. 19

Retroactive pay shall be paid out to all employees entitled within forty-five (45) days after the 20

Union has notified the Company that the terms and conditions of the new Agreement have been 21

accepted by the majority of the membership affected. 22

23

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date and year 24

first above written, in the City of Calgary, Province of Alberta. 25

26

FOR: SHOPMEN'S LOCAL UNION. 805 CON-FORCE STRUCTURES 27

of the INTERNATIONAL ASSSOCIATION CALGARY ALBERTA 28

OF BRIDGE, STRUCTURAL, ORNAMENTAL, 29

AND REINFORCING IRON WORKERS 30 31

32

33

BY: _________________________________ BY: ______________________________ 34 (President) (Regional General Manager) 35 36

BY: __________________________________ BY: ______________________________ 37 (Recording Secretary) (Human Resources Manager) 38


37

APPENDIX 1 1

2

Labourer 1 3

4 1. Knows how to operate all hand and power tools. 5

6

a) Vibrators, drill saws, grinders, arc cutter, cutting torch, etc. 7

b) Placing and vibrating concrete, face mixes, retarders, oil, hardware cages 8

c) Stone and edge finishing 9

d) Minor fill finishing – basic 10

e) Steel shop labour (Tacker / Tier) 11

12

2. Operate forklift up to eight (8) tons, Standard Products, any employee. 13

14

3. Crane Operator – in course of job. 15

16

a) Single crane lifts 17

b) simple lifts 18

c) rebar lifts 19

d) forms 20

e) materials 21

22

4. Capable of following verbal and written instructions. 23

24

5. Basic blueprint reading. 25

26

Labourer 2 27 28

1. Employee with basic good morals – honest and trainable. 29

30

2. Speaks, reads and writes acceptable English, or is trainable. 31

32

3. Understands and reads measuring equipment. 33

34

4. Must pass physical. 35

36

5. Capable of understanding safety and plant operation policies. 37 38

6. Must be capable to proceed to “Labourer 1” or will not pass probation. 39


38

1

Standards of Excellence 2 3 4 5 The purpose of the Ironworkers’ Standards of Excellence is to reinforce the pride of every 6 Ironworker and our commitment to be the most skilled, most productive and safest craft in the 7 Industry. 8

9 As Union Ironworkers, we pledge ourselves to uphold our word, as given through our Collective 10 Bargaining Agreement, and display the professionalism expected of our trade and Union in all aspects of 11 our employment as exemplified by the values engrained in our Standards of Excellence. 12 13 It is a commitment to use our training and skills, each and every day, to produce the highest quality work 14 worthy of our name and consistent with the Collective Bargaining Agreement. 15 16 As an Ironworker Member, I agree to: 17 18

1 Adhere to my responsibilities under the Collective Bargaining Agreement for start and quit 19 times, as well as lunch and break times. 20

21 2 Allow my Representatives to handle any disagreements or breaches by refusing to engage in 22

unlawful job disruptions, slowdowns or any activities that affect our good name. 23 24

25 3 Respect the Customer’s and the Employer’s rights, property and tools as I do my own. 26 27 4 Meet my responsibility to show up every day; outfitted for work and fit for duty without 28

engaging in substance abuse. 29 30

31 5 Cooperate with the Customer and Employer to meet their statutory, regulatory and contractual 32

responsibilities to maintain a safe, healthy and sanitary workplace. 33 34 6 Do my best to work in a manner consistent with the quality, productivity and safety of every 35

task that I am assigned. 36 37

38 7 Do my best to help every co-worker return home safe at the conclusion of every shift. 39 40

41 The Ironworker’s Standards of Excellence will increase the pride, the productivity and the craftsmanship of 42 every Ironworker throughout North America. This commitment will improve work place conditions, 43 increase work opportunities, and help maintain our wages, benefits and standards of living. In addition, the 44 Standards of Excellence will help our signatory Employers complete their projects on time, on budget with 45 no injuries or accident. 46

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