Common use of Mutual Recognition Clause in Contracts

Mutual Recognition. 1.01 The Line Creek Mine (herein after known as the Company) recognizes the International Union of Operating Engineers, Local 115 (herein after known as the Union) as the sole bargaining representative for all its employees as defined in Article 2 regarding rates of pay, hours of work, benefits and all other conditions of employment in conformity with the laws of the Province of British Columbia. 1.02 The Union recognizes and agrees that the primary responsibility of the Company is to achieve a level of profitability through the effective management of employees and facilities, which will establish and maintain the Line Creek Operation as a viable business entity, and in so doing shall retain, maintain, and exercise all managerial rights, authorities and prerogatives, subject only to the express terms and provisions of this Agreement. 1.03 Management shall exercise its rights under this Article in a manner that is fair, reasonable and consistent with the terms of the Agreement. 1.04 An employee shall not be disciplined or discharged except for just and reasonable cause. 1.05 In furtherance to the philosophy outlined in the Statement of Intent, the Company agrees that prior to implementing changes in policy matters, these matters will be discussed with the Union for the purposes of obtaining input. Copies of all policies relating to employees shall be forwarded to the Union prior to implementation. Any changes in such policies made by the employer shall not be in conflict with the provisions of this Agreement. 1.06 This agreement shall become effective on June 1, 2009, and shall remain in full force and effect to and including May 31, 2014 and from year to year thereafter unless either party serves upon the other written notice to commence collective bargaining. Such notice shall be delivered within the 120 day period prior to May 31, 2014 or the anniversary date in any year thereafter. 1.07 Should either party give written notice to the other party pursuant to Article 1.06 of this Agreement shall thereafter continue in full force and effect until: a) the Union shall give notice of lawful strike and has taken any action pursuant to such notice; or, b) the Company shall give notice of lawful lockout and has taken any action pursuant to such notice; or, c) the Parties shall conclude a renewal or revision of the Agreement or a new Collective Agreement. 1.08 The Operation of Section 50(2) of the Labour Relations Code of British Columbia is hereby excluded. Executed this 9th day of February, 2010. International Union of Operating Engineers Local 115 Line Creek Mine

Mutual Recognition. 1.01 The Line Creek Mine Operation (herein after known as the Company) recognizes the International Union of Operating Engineers, Local 115 (herein after known as the Union) as the sole bargaining representative for all its employees as defined in Article 2 regarding rates of pay, hours of work, benefits and all other conditions of employment in conformity with the laws of the Province of British Columbia. 1.02 The Union recognizes and agrees that the primary responsibility of the Company is to achieve a level of profitability through the effective management of employees and facilities, which will establish and maintain the Line Creek Operation as a viable business entity, and in so doing shall retain, maintain, and exercise all managerial rights, authorities and prerogatives, subject only to the express terms and provisions of this Agreement. 1.03 Management shall exercise its rights under this Article in a manner that is fair, reasonable and consistent with the terms of the Agreement. 1.04 An employee shall not be disciplined or discharged except for just and reasonable cause. 1.05 In furtherance to the philosophy outlined in the Statement of Intent, the Company agrees that prior to implementing changes in policy matters, these matters will be discussed with the Union for the purposes of obtaining input. Copies of all policies relating to employees shall be forwarded to the Union prior to implementation. Any changes in such policies made by the employer shall not be in conflict with the provisions of this Agreement. 1.06 This agreement shall become effective on June 1, 20092014, and shall remain in full force and effect to and including May 31, 2014 2019 and from year to year thereafter unless either party serves upon the other written notice to commence collective bargaining. Such notice shall be delivered within the 120 day period prior to May 31, 2014 2019 or the anniversary date in any year thereafter. 1.07 Should either party give written notice to the other party pursuant to Article 1.06 of this Agreement shall thereafter continue in full force and effect until: a) the Union shall give notice of lawful strike and has taken any action pursuant to such notice; or, b) the Company shall give notice of lawful lockout and has taken any action pursuant to such notice; or, c) the Parties shall conclude a renewal or revision of the Agreement or a new Collective Agreement. 1.08 The Operation of Section 50(2) of the Labour Relations Code of British Columbia is hereby excluded. Executed this 9th 17th day of FebruaryOctober, 20102015. International Union of Operating Engineers Local 115 Line Creek MineEngineers