Modified Provisions. OF THIS CONSTRUCTION AGREEMENT These provisions will apply to:
Modified Provisions. 2.7 The parties recognize that circumstances may arise, particularly with discovery and emergency work, where the process set out above may not be practical or possible. However, reasonable effort will be made by the Employer to adhere to the jurisdiction of the United Association.
Modified Provisions. If Investor desires to close on the Future Closing Facilities, then the such Facilities shall proceed to close in the same manner and subject to the same terms, conditions and covenants as though they were First Closing Facilities, subject to the provisions of this Agreement.
Modified Provisions. 5.4 The Union recognizes the Employer's right to charge for board and other existing services. The Employer fixes the charge for board and other existing services in camps at $25.00 per day. This will be applied on the following basis:
Modified Provisions. 3.6 In the event the Union elects to pursue or respond to the jurisdictional dispute at the Ontario Labour Relations Board, the arbitration board panel appointed by the Ontario Labour Relations Board pursuant to the Act is authorized to award damages only in circumstances where the other union(s) involved in the proceedings is (are) not restricted in their ability to claim for damages. However, this clause 3.6 shall not apply where the mis-assignment of work involves the same employer and the same work previously the subject of a jurisdictional dispute before the Ontario Labour Relations Board or the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry. The decision of the panel of the Ontario Labour Relations board will be final and binding upon the parties to this agreement with no further recourse to the Plan on the issue decided by the Ontario Labour Relations Board.
Modified Provisions. (e) If an employee lives greater than 97 radius kilometers from the project and does not qualify for subsistence allowance under Section 17.2 below, he will receive $32.60 per day travel allowance effective June 25, 2004 ($33.25 effective May 1, 2005, $33.90 effective May 1, 2006, $35.25 effective May 1, 2007, $35.95 effective May 1, 2008, $36.65 effective May 1, 2009) provided he continues to travel greater than 97 radius kilometers for each day worked or reported for. When an employee is directed to report to a location that involves travelling around a natural barrier, the distance around the natural barrier shall be the shortest distance measured by a series of straight lines. The sum of the distances of these straight lines shall be applied to the ring concept to establish the employee's travel allowance entitlement. A natural barrier is defined as any obstruction or impediment which creates an unreasonable relationship between the radius kilometers and actual kilometers travelled. ROOM AND BOARD
Modified Provisions. Section The International Representative of the Union will advise the Association in writing of his intent to submit a jurisdictional dispute to the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry and will in detail the work in question. In the event that the International Office of the Union elects not to file with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry, the Contractor agree to file the dispute at the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry at the request of the UA Director of Canadian Affairs. The decision of the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry will be final and binding to the parties to this Agreement. There shall be no sit down or work stoppage because of jurisdictional disputes. in the event that the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry fails to render a decision within sixty (60)days of the disputed assignment or if the said Plan is unable to convene and issue decisions or if the Union is unable to refer the dispute to the Plan, the Association and the Union shall have recourse to the Ontario Labour Relations Board for a decision. the event the building trades in the Province of Ontario are successful in establishing a Provincial Impartial Jurisdictional Disputes Board, the Association and the Union agree to meet and discuss implementation of procedures set forth by said Board.
Modified Provisions. When an employee is directed to report to a location that involves travelling around a natural barrier, the distance around the natural barrier shall be the shortest distance measured by a series of straight lines. The sum of the distances of these straight lines shall be applied to the ring concept to establish the employee’s travel allowance entitlement. A natural barrier is defined as any obstruction or impediment which creates an unreasonable relationship between the radius kilometers and actual kilometers travelled. ROOM AND BOARD The following conditions will apply for employees whose regular residence* is more than radius kilometers from the project:
Modified Provisions. The International Representative of the Union will advise the Association in writing of his intent to submit a jurisdictional dispute to the Plan and will in detail the work in question. In the event that the International Office of the Union elects not to file with the Plan, agrees to file the dispute at the Plan at the request of the Local Union Business Manager or International Representative. The decision of the Plan shall be final and binding on the parties to this Agreement. shall have direct recourse to the Plan when a dispute arises involving the assignment of work being done by employees who are covered by this Agreement. In the event that an arbitration decision under the Plan is not rendered within sixty (60) days of the disputed assignment being referred to the Plan, the Union shall have direct recourse to the Ontario Labour Relations Board (hereinafter referred to as the for a decision provided it is processed as a Jurisdictional Dispute under Section of the Ontario Labour Relations Act. If a Union not bound by the provisions of this Collective Agreement has the right to pursue a Jurisdictional Dispute under Section of the Ontario Labour Relations Act, the Boilermaker Union shall have the right to pursue or respond to a Jurisdictional Dispute under Section of the Act before the In the event the Union elects to pursue or respond to the jurisdictional dispute at the Ontario Labour Relations Board, the arbitration board panel appointed by the Ontario Labour Relations Board pursuant to the Act is authorized to award damages only in circumstances where the other involved in the proceedings is (are) not restricted in their ability to claim for damages. However, this clause shall not apply where the mis-assignment of work involves the same employer and the same work previously the subject of a jurisdictional dispute before the Ontario Labour Relations Board or the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry. The decision of the panel of the Ontario Labour Relations board will be final and binding upon the parties to this agreement with no further recourse to the Plan on the issue decided by the Ontario Labour Relations Board. In the event the Building Trades in the Province of Ontario are successful in establishing a Provincial Impartial Jurisdictional Disputes Board, the Association and the Union agree to meet and discuss implementation of procedures set forth by said Board. Section
Modified Provisions. The Union recognizes the Employer's right to charge for board and other existing services. The Employer fixes the charge for board and other existing services in camps at per day. This will be applied on the following basis: An employee who remains in camp on a normally scheduled work day on which he does not work will be charged per day, unless he is excused from work for a legitimate reason by the project medical attendant or an authorized representative of his Employer. An employee who is absent from work on Friday without approval and who remains in camp and who is still absent from work on the following Monday without approval will be charged for room and board for Friday, Saturday, Sunday and Monday. An employee who is absent from work without approval on Friday but who works the following Monday will be charged for the day of absence and will not be charged for Saturday and Sunday. An employee who works the Friday and is absent from work without approval on the following Monday will be charged for the day of absence and will not be charged for Saturday and Sunday. APPENDIX C
