EXHIBIT 10.15
AGREEMENT BETWEEN
STERLING PULP CHEMICALS, LTD.
NORTH VANCOUVER
BRITISH COLUMBIA
AND
PULP, PAPER AND WOODWORKERS
OF CANADA
LOCAL 5
BRITISH COLUMBIA
EFFECTIVE
DECEMBER 1, 2000 to NOVEMBER 30, 2003
TABLE OF CONTENTS
ARTICLE
1 PURPOSE 1
2 RECOGNITION 1
3 MANAGEMENT FUNCTIONS 1
4 UNION SECURITY 2
5 TERMS OF AGREEMENT AND CHANGES IN AGREEMENT 2
6 STRIKES AND LOCKOUTS 3
7 HOLIDAYS 3
8 CALL TIME 5
9 HOURS OF WORK 5
10 DEFINITIONS 7
11 ALLOWANCE FOR FAILURE TO PROVIDE WORK 8
12 UNION NOTICES 8
13 SAFETY 8
14 SENIORITY 9
15 GRIEVANCE PROCEDURE 15
16 ARBITRATION 16
17 DAYS OFF AND SCHEDULE OF SHIFTS 17
18 VACATIONS 17
19 TEMPORARY EMPLOYEES 20
20 JOB CLASSIFICATIONS AND JOB RATES 21
21 WAGE RATE ADJUSTMENTS 21
TABLE OF CONTENTS (CONT'D)
22 OVERTIME AND PREMIUM TIME 22
23 JURY DUTY PAY 23
24 BEREAVEMENT LEAVE 24
25 MAINTENANCE DEPARTMENT APPRENTICES 24
26 SUSPENSION AND/OR DISCHARGE 24
27 LEAVE OF ABSENCE 24
28 COMMITTEES 25
29 TRAINING 26
30 TECHNOLOGICAL CHANGE AND TERMINATION PAY 26
31 CONTINUOUS 12-HOUR SHIFTS 27
32 HEALTH AND WELFARE 27
33 PENSION PLAN 28
EARLY RETIREMENT PROVISION 29
34 BANKING OF OVERTIME 30
APPENDIX "A" - JOB CLASSIFICATIONS & RATES 31
- MULTI SKILL/DUAL TRADES 31
APPENDIX "B" - MAINTENANCE APPRENTICESHIP 32
APPENDIX "C" - BENEFITS OF HOURLY-PAID EMPLOYEES 34
NORTH VANCOUVER PLANT
APPENDIX "D" - PRODUCTION SCHEDULE 35
LETTERS OF UNDERSTANDING
- TEMPORARY MAINTENANCE CO-ORDINATOR 36
- RAIL CAR INSPECTION 37
Changes from previous contract (expired November 30th, 2000) are indicated by
shading & xxxxxxx.
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AGREEMENT BETWEEN
STERLING PULP CHEMICALS, LTD.
NORTH VANCOUVER, B.C.
(HEREINAFTER REFERRED TO AS "THE COMPANY")
AND
LOCAL 5
PULP, PAPER AND WOODWORKERS
OF CANADA
(HEREINAFTER REFERRED TO AS THE "UNION")
ARTICLE 1
PURPOSE
1.01 The purpose of the Agreement is to provide for orderly collective
bargaining, prompt disposition of grievances, wages, hours of work and
other terms and working conditions to the extent and in the manner
provided herein.
ARTICLE 2
RECOGNITION
2.01 The Company recognizes the Union as the sole and exclusive bargaining
agent for its employees employed in production and maintenance except
those excluded by the Labour Relations Code of British Columbia (1993),
xxxxxxx, those above the rank of xxxxxxx, sales staff, office and
clerical staff test and quality control staff, laboratory technicians,
draftsmen, security guards and those engaged in office janitor work.
2.02 The terms "employee" and "employees" when used in this agreement shall
mean persons in the employ of the Company within the bargaining unit
described herein above and covered by this Agreement. Gender: The use
of "he", "his" and "him" refer to both the masculine and feminine
genders.
2.03 The Company recognizes the Union's right to communicate with its
members on the Company's property so that the Union, through its
elected officials, may fairly represent the employees.
ARTICLE 3
MANAGEMENT FUNCTIONS
3.01 All functions, powers, or authority which the Company has not
specifically abridged, delegated or modified by this Agreement will be
recognized by the Union as being retained by the Company.
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ARTICLE 4
UNION SECURITY
4.01 Any employee who is now a member in good standing or who becomes or is
reinstated as a member of the Union shall, as a condition of
employment, maintain such membership in good standing throughout the
term of this Agreement. Any new employee hired shall become a member of
the Union thirty (30) days after his or her employment. In the event of
a Local Union intending to suspend a member for non-maintenance of
membership, the Company shall be notified by the local, in writing at
least seven (7) days before suspension.
4.02 No employee shall be subject to any penalties against his application
for membership or reinstatement, except as may be provided for in the
Constitution of the Pulp, Paper and Woodworkers of Canada.
4.03 There shall be no discrimination against any employee or employees in
any manner whatsoever because of race, colour, creed, nationality,
Union membership, and non-Union membership.
4.04 In case a dispute arises as to whether or not an employee has failed to
maintain his Union membership in good standing, the Union agrees to
save harmless from and indemnify the Company for any liability that may
arise from any acts of the Company taken under provisions of ARTICLE 4,
as a result of its reliance on a representation of facts by the Union.
4.05 The Company will deduct a Union initiation fee and monthly Union dues
in amounts authorized by individual employees and presented in writing
to the Company. Any Union dues passed in compliance with Local 5 of the
Pulp, Paper and Woodworkers of Canada by-laws shall be applied and
deducted upon notification from the Secretary of Local 5 sent to the
Company. Such deductions shall be remitted to the Local Secretary -
Treasurer as soon as possible after the first pay period of each month
and any adjustments will be made the following month. The Union shall
advise the Company of the address of the Local Treasurer and of any
changes in this address. Deductions of Union dues from an employee's
pay shall be discontinued when written authorization furnished the
Company by the employee is revoked, in writing by the employee.
4.06 There shall be no solicitation for membership, meetings, etc., during
working hours and/or on Company premises except with the permission of
the Company.
4.07 For the purpose of this Agreement, a member of the Union in good
standing shall mean an employee who has paid or tendered an amount
equivalent to the regular monthly Union dues and assessments.
ARTICLE 5
TERMS OF AGREEMENT
AND CHANGES IN AGREEMENT
5.01 This Agreement shall be in effect until the 30th of November, 2003 and
shall continue thereafter from year to year unless during the four
months immediately preceding the expiry date either party has given
written notice to the other party that desires revision of this
Agreement and its expiry date.
5.02 If notice of desire for changes has been given the parties shall, as
soon as agreeable, meet for collective bargaining. If such negotiations
cannot be completed prior to December 1st following the October 1st on
which such notice was given, any changes in compensation to employees
shall be retroactive to December 1st.
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ARTICLE 6
STRIKES AND LOCKOUTS
6.01 The Union and its members agree that it will not cause, authorize or
sanction any strike or stoppage of any of the Company's operations or
any Curtailment of work or restriction of or interference with
production during the terms of this Agreement.
6.02 The Company agrees that it will not cause or sanction a lockout during
the terms of this Agreement.
ARTICLE 7
HOLIDAYS
7.01 Recognized Holidays
(a) New Year's Day Canada Day Remembrance Day
Good Friday 1st Monday In August Christmas Day
Easter Monday Labour Day Boxing Day
Victoria Day Thanksgiving Day
(b) In the event that Heritage Day is declared as a Statutory
Holiday by the Federal Government it will be included in the
above list of holidays.
7.02 The period of time recognized as a holiday is the twenty- four (24)
hour period from 0001 hrs to 2400 hrs on the date recognized as the
holiday. However for those employees working the 12 hour shift
schedule, the holiday will commence at 1830 hours immediately preceding
such 12:01am and will end twenty-four (24) hours later. (i.e. 1830
hours on the day of the holiday) .
7.03 The hours of commencing and ending specified above may be varied by
mutual agreement of the Management and the Union Standing committee.
The specified hours of commencing or ending will be adjusted to
coincide with regular hours for changing shifts.
7.04 a) It is understood that day workers will not be required to work
on a holiday except to meet the needs of the continued
uninterrupted operation of the plant.
b) Further, and with special reference to the Christmas holiday
the parties recognized that shift workers will be held to
absolute reasonable minimum and that only those activities
required to maintain the necessary efficient operation of the
plant shall be performed.
7.05 a) When any of the holidays listed in the Agreement falls on a
Saturday or Sunday, shift workers should observe the holiday
on the day which it falls. Day workers, scheduled Monday to
Friday, will observe the holiday on such a day as will provide
them with a long weekend. The determination of such day or
days shall be determined by the Company consistent with
operational requirements.
b) In the event a holiday falls on a day when a day worker would
otherwise be scheduled off, then said employee will take the
holiday on the Thursday before or the Tuesday following the
holiday whichever is applicable and is mutually agreed.
c) In the event the holiday falls on the day when a shift worker
would otherwise be scheduled off, he has the option of banking
the time and/or the money.
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d) For shift workers, holiday pay is calculated as 9 1/3 hours
pay at straight time, and in the case of banking, 9 1/3 hours
will be banked for each holiday that falls on a scheduled day
off, and 12 hours for each holiday worked.
7.06 Overtime shall be paid for all work performed during holidays at the
rates hereinafter specified.
7.07 In addition to any other compensation earned, all employees who are on
the payroll of the Company on any of the forgoing recognized holidays
will be granted nine and one-third (9 1/3) hours pay on the straight
time rate of the employee's regular job, provided however, that:
(a) Any new employee must have been on the payroll for not less
than thirty (30) days just preceding the holiday and must have
worked a minimum of eighty five (85) hours during that thirty
(30) day qualifying period.
b) The employees must have worked his scheduled work day before
and his scheduled work day after the holiday unless failure to
work was due to any of the following events.
(1) When the employee is on his regular authorized vacation.
(2) When the employee's absence is due to bonafide sickness or
occupational or non- occupational accident provided
however, that payment for such holiday is not being
covered by W.C.B. or sick benefit insurance. Payment for
such holiday will not be extended beyond the time limit of
W.C.B. or sick benefit insurance.
(3) When a trade in shifts agreed upon between employees, and
approved in advance by Management, results in temporary
change of the scheduled work day after the holiday,
provided the employee works the shift agreed upon.
(4) When the employee's absence is due to an approved leave of
absence granted by the Company; provided however that such
leave of absence does not exceed ten (10) days prior to or
ten (10) days following such holiday.
(5) When the employee's absence is due to Jury Duty,
subpoenaed witness or bereavement leave as provided by
this Agreement.
(6) When the operation in which the employee is engaged is
curtailed or discontinued by the decision of management
and which curtailment of discontinuance changes or
eliminates the employee's scheduled work day before, or
his scheduled work day after, such holiday.
7.08 An employee whose work schedule conflicts with the normal observance of
a specified holiday may elect to bank the holiday, and take the time
off and pay thereof, provided the following conditions are met:
(a) The holiday(s) and holiday(s) pay shall be taken at a time
convenient to the employee and management consistent with the
continued, economic and efficient operation of the plant. It
is understood that requests for time off received and granted
thirty (30) days in advance will be honoured.
(b) Employees must notify their supervisor in writing at least one
week in advance of the holiday of his intent to bank that
holiday.
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(c) It is also agreed and understood that the employee will take
such banked holidays within one year of banking. If the
employee does not arrange to take the holiday within the given
delay, the Company will schedule time off at its own
discretion in lieu thereof or alternatively, if mutually
agreed, reimburse any banked holiday pay and forfeit the
banked time.
7.09 Employees working temporarily at a higher job rate will be paid at the
higher job rate for a statutory holiday providing they work at that
higher job rate on either side of said statutory holiday, otherwise
they will be paid for the statutory holiday based on their regular job
rate. If the employee is scheduled off on either side of the statutory
holiday, then his last scheduled day on before, or his first scheduled
day on after the statutory holiday, will satisfy this section.
7.10 In the event that an employee is called in, or is scheduled to work, on
a recognized statutory holiday on a job paying a higher rate than his
regular job, he will be paid for the statutory holiday at the higher
rate of pay.
ARTICLE 8
CALL TIME
8.01 Call time is an occasion when an employee, after leaving the premises,
is called in to work before his next regularly scheduled reporting
time. In such cases, the Company will pay an additional amount over and
above pay for hours worked, equal to three (3) hours pay at the
employee's straight time hourly rate, which shall be known as call
time. Such call time shall not be payable when the employee, before
leaving the premises, is notified to report for work before his next
regularly scheduled reporting time.
8.02 When the hours worked on call time are extended to the employee's
regularly scheduled starting time, overtime rates as called for by this
section, shall cease at the employee's regularly scheduled starting
time unless such call-in was of such duration as to give the employee a
full shift prior to his regular starting time consistent with article
22.10.
ARTICLE 9
HOURS OF WORK
9.01 Hours of work shall be scheduled by the Company in accordance with the
requirements of the plant.
9.02 Employees shall be at their work place and ready to assume their duties
at the commencement of their work day.
9.03 Shift workers will not leave their work place until 0630 HRS (or 1830
HRS) unless relieved by the employee assigned to the same position on
the following shift.
9.04 Employees are expected to co-operate in the execution of necessary
overtime work. The Company will make every effort to keep overtime to a
minimum consistent with the continued efficient operation of the plant.
9.05 The normal hours of work shall be:
a) For Day Workers - from 0700 Hrs. to 1200 Hrs. and from 1230
Hrs. to 1650 Hrs. A ten minute wash up period will be provided
prior to lunch and at the completion of the work day.
Labourers and Relief Brine Operators assigned to the
Maintenance Department (for a period of a week or more), will
be classified as Day Workers.
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b) For Shift Workers - from 0630 Hrs. to 1830 Hrs., and 1830 Hrs.
to 0630 Hrs. - as per Article 31.
c) For Labourers and Relief Brine Operators assigned to the
Production Department - Two different workday formats are
available:
i) From 0630 Hrs. (or 0730 Hrs.) to 1600 Hrs. (or 1700
Hrs.), and 1600 Hrs. (or 1700 Hrs.) to 0130 Hrs. (or
0230 Hrs.).
A one-half hour lunch break is included, with a ten
minute wash up period prior to lunch and at the
completion of the work day.
ii) From 0630 Hrs. to 1830 Hrs., and 1830 Hrs. to 0630
Hrs. - similar to a shift worker.
9.06 The regular schedule of hours of work shall be:
a) For Day Workers - 9 1/3 hours per day and 37 1/3 hours per
week. The normal work week will be either Monday to Thursday,
or Tuesday to Friday.
b) For Shift Workers - 12 hours per day and 36 or 48 hours per
week with compensating scheduled time off to average 37 1/3
hours/week - as per Article 31. Compensating time off for
Shift Workers shall be covered by the Senior Relief Operators
and taken in blocks of three (3) day shifts as outlined in the
shift schedule in Appendix D. When ever the Senior Relief
Operator is scheduled as a spare operator, he may be
rescheduled to provide relief on dayshift or nightshift as
required.
c) For Labourers & Relief Brine Operators assigned to the
Production Department - either:
i) Four workdays of 9 hours per day, with compensation
to allow averaging of 37 1/3 hours/week over a 9 week
period, or
ii) Three workdays of 12 hours per day, with compensation
to allow averaging of 37 1/3 hours/week over a 9 week
period.
d) This article is for the purpose of providing a basis for
calculating overtime and shall not be construed as a guarantee
of hours of work.
9.07 a) Labourers and Relief Brine Operators assigned to the
Production Department will receive shift premiums (when
working the evening shift(s) outlined in Article 9.05(c) as
per Article 22.09, & statutory holiday compensation as per
Article 7.05(c) & (d).
b) Every effort shall be made to schedule consecutive days off in
each work week when ever possible.
c) For Labourers & Relief Brine Operators, Management will
provide access to documentation on: scheduling of hours, &
mutual agreements between workers & Management regarding
shifts.
It is the intention of the company to assign shifts for
Labourers and Relief Brine Operators equitably & fairly.
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ARTICLE 10
DEFINITIONS
10.01 The words "shift workers" means employees assigned to a job on a
regularly rotating shift schedule. All other employees are considered
day workers.
10.02 The word "day" shall mean a calendar day and shall be a period of
twenty-four (24) hours beginning at 0001 hours. However, in the case of
the work schedule a shift worker working the 12 hour schedule, and only
in such cases, the day shall deem to have commenced at 0630 HRS.
10.03 The word "week" means a period of seven (7) days beginning at 0001
hours Monday. However, in the case of the work schedule of a shift
worker working the 12 hour schedule, and only in such cases, the week
shall deem to have commenced at 0630 HRS Monday.
10.04 Further to Article 18:
(a) The word "week", when used to define a length of vacation, and
for the purposes of calculating vacation pay, shall mean
37 1/3 average working hours.
(b) The word "day", when used to define a length of a vacation,
shall mean 9 1/3 working hours.
10.05 Bargaining Unit Work
(a) It is the policy of the Company not to use non-bargaining unit
personnel to do work normally performed by hourly paid
employees.
It is recognized by the parties that there may be exceptions to the
above, such as:
(i) In emergency situations
(ii) When no qualified hourly employee is available
It is recognized by both parties, however, that for the practical and
efficient operation of the plant, there are occasions when a supervisor
must help. These occasions will be temporary in nature and will not
result in the displacement or exclusion of hourly rated employees.
(b) It is the intention of the company not to contract out work
normally performed by bargaining unit personnel.
It is recognized that there are occasions when contractors may
be required:
(i) In emergency situations
(ii) When no qualified bargaining unit employee is
available
(iii) When the bargaining unit crew size is not capable of
handling such work in a timely fashion.
On the occasion when the bargaining unit crew size is not
capable of handling such work in a timely fashion, the company
shall consult the union standing committee before the work is
undertaken by non-Sterling personnel.
Sterling Pulp Chemicals, Ltd. will review at quarterly Union
Standing Committee meetings the utilization of contractors
performing normal bargaining unit work to the exclusion of
projects.
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ARTICLE 11
ALLOWANCE FOR FAILURE TO PROVIDE WORK
11.01 An employee who reports for work at his regularly scheduled time and
who has not been notified by the Company not to report, shall receive
not less than one half his regular shifts work at his regular straight
time hourly rate, or pay in lieu thereof at the discretion of the
Company.
11.02 A telephone call to the number on record in the employee's name in the
plant personnel files will be considered as proof of notification. An
employee who leaves no telephone number by which he can be contacted
forfeits the right to the one half shift or pay in lieu there of as
mentioned in 11.01 above.
ARTICLE 12
UNION NOTICES
12.01 The Company will provide the Union with a secured bulletin board in the
plant for the purpose of posting official Union notices and papers.
Notices will be posted and initialed by a member of the Union Standing
Committee, or the authorized representative of the Bargaining Agent.
ARTICLE 13
SAFETY
13.01 Employees and the Company are to comply with established Safety Rules
as amended by the Joint Occupational Health and Safety Committee from
time to time. Employees will not be expected to operate with unsafe
equipment or under unsafe working conditions. Employees are expected to
report immediately any unsafe equipment or condition to the Production
or Maintenance Manager using where appropriate the Safety Work Order
System.
13.02 The Union will elect three of its members to serve on the Joint
Occupational Health and Safety Committee preferably with representation
from each Department. The Plant Manager will appoint three Company
representatives.
The Occupational Health and Safety Committee will meet monthly to
develop and promote the safety program. It is agreed that the Committee
will appoint a Chairman with the responsibility alternating between the
Company and the Union. Where the Chairman is a Union employee, the
Secretary shall be a Company representative and vice versa.
13.03 The Union undertakes to encourage its members to cooperate in the
execution of the Plant Safety Program and Safety Education.
13.04 First Aid Attendants
As of September 1st, 1994, the Occupational First Aid Regulations
require that the First Aid Attendants only require a Level II
certificate.
First Aid Attendants currently holding a Level III equivalent
certificate, (i.e.: an Industrial First Aid 'A' or 'B' certificate) and
who desires to renew at that level may do so.
All new candidates will only be given necessary training to acquire a
Level II certificate.
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If a person lapses in renewing his First Aid certificate and then wants
to renew, he will be treated as a new candidate.
Wages during training and exams will be paid as for scheduled hours of
work:
- During the training period.
- On the day before the exam.
- On the exam or re-exam day.
The company will pay for associated costs of certification with prior
authorization of the supervisor. An employee holding a Level II or III
W.C.B. Occupational First Aid certificate will be paid $1.00 per hour
over and above the employee's regular rate.
ARTICLE 14
SENIORITY
14.01 General Principles
(a) The company recognizes the principles of seniority in the
administration of promotions, demotions, transfers, layoffs
and recalls. In the application of seniority, provided an
employee has the necessary qualifications and ability to
perform the work in accordance with job requirements,
seniority shall prevail.
Definitions
(b) Plant seniority shall mean the length of continuous service in
the employ of the signatory Company in the North Vancouver
Bargaining Unit.
(c) Departmental seniority shall mean the length of continuous
service in a permanent position within the recognized
departments.
14.02 Establishing Seniority
(a) Plant seniority shall be established from the original date of
hire, after completion of a probationary period. A
probationary period consists of 40 working days and may be
extended by mutual agreement between the company and the
union.
(b) During the probationary period defined in 14.02(a), a new
employee will not have any seniority rights and shall be
subject to transfer, demotion, promotion, layoff or discharge
at the sole discretion of the Company without recourse to the
grievance procedure of this Agreement.
(c) The Company will appraise each probationary employee at the
end of his first thirty (30) working days in his presence. A
Shop Xxxxxxx or Union Standing Committee Member shall be
present if requested by the employee. Copy of the appraisal to
be sent to the employee and the Union Standing Committee.
(d) An employee who exercises his seniority to promote or bump
into another job within the Bargaining Unit, shall be
probationary in the new job for a period of two (2) weeks
after training is completed. In such instance, the employee
shall be formally appraised in his presence and within the
stipulated probationary period. A Shop Xxxxxxx or Union
Standing Committee Member shall be present if requested by the
employee.
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14.03 Loss of Seniority
(a) Plant or Departmental
An employee shall cease to have Plant seniority or
Departmental seniority if the employee:
1) quits or resigns, or
2) is discharged
3) Is laid off for a period exceeding recall provisions.
4) Is absent from work for three (3) consecutive days on
which he is scheduled to work without notifying his
immediate supervisor, giving satisfactory reasons.
5) When recalled to work, once notice by registered mail
to the address on record with the company has been
made, fails to indicate his intent to return to
company service within three (3) days or fails to
report to work within seven (7) days.
6) Is absent without cause, to the satisfaction of
Management, beyond the time limit of a sick leave or
an authorized leave of absence granted by the
Company.
However, Plant and Departmental seniority shall continue to accrue:
i) If absent due to illness or injury provided the
absence does not exceed the period provided for in
the L.T.D. program, unless seniority would have
otherwise been lost.
ii) If absent due to industrial illness or accident at
work (recognized by the Worker's Compensation Board)
which occurs while working for the Company, unless
seniority would have otherwise been lost.
(b) Departmental Seniority
An employee shall cease to have Departmental seniority in the
Department from which he was displaced, if the employee is:
1) Laid off or demoted out of the Department, because of
cutbacks, for a period exceeding the recall rights as
set out in 14.05(a).
2) Permanently transferred to another Department for a
period exceeding six (6) months.
3) Is demoted outside the recognized Departments either
voluntarily or for inability to perform the work. If
the cause for the demotion has been corrected the
employees' previous Departmental seniority will be
reinstated.
14.04 Layoffs
In the event of departmental layoff resulting from cutbacks, employees
affected will be re-classified to Relief Brine Operator or Labourer
positions. Layoff from these positions will be on the basis of Plant
seniority. (Refer to diagram in 14.06)
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14.05 Recall Provisions
(a) In the event of a layoff, recall rights shall be established
according to:
1) An employee who is laid off with more than the
probationary period, but less than one (1) year of
continuous service, shall be entitled to recall
rights according to his accumulated Plant seniority
for six (6) months from the date of layoff.
2) An employee with one or more years of continuous
service shall be entitled to recall rights according
to his accumulated Plant seniority for twelve (12)
months from the date of layoff, plus one (1)
additional month for each year's service up to an
additional six (6) months.
(b) Departmental Recall Rights
An employee shall have recall rights to the Department from
which he was displaced as follows:
1) Less than one (1) year of Departmental seniority:
- six (6) months recall rights from date of
displacement.
2) One (1) or more years of Departmental seniority:
- twelve (12) months recall rights plus one (1) month
for each year of service up to a maximum of six (6)
additional months.
However, departmental recall rights shall decrease from the
time of displacement and ultimately expire, unless the
affected employee is permanently recalled to or promoted to
his former position. In such instance the employee affected
will be reinstated with his previous accumulated Departmental
seniority.
(c) Employees shall be recalled to the plant on the basis of
Departmental or Plant seniority, subject to Article 14.01(a)
depending on where the vacancy occurs.
(d) Benefits
All benefit plans shall immediately be reinstated upon the
recall of an employee.
(e) It shall be the duty of all employees to notify the Company
promptly of any change in their address or phone number. If an
employee fails to do this, the Company will not be responsible
for failure to contact the employee.
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14.06 Departmental Organization
The parties recognize the following two departments for
seniority purposes in matters of permanent promotions,
demotions, layoffs, recalls and transfers:
1) Production Department
2) Maintenance Department
The lines of progression shall be as follows:
PRODUCTION DEPARTMENT MAINTENANCE DEPARTMENT
--------------------- ----------------------
Senior Relief Operator Tradesperson
Crystal Operator Storesperson
Cell Operator Maintenance Helper
Brine Operator
Relief Brine Operator
Labourer
14.07 Promotions
(a) Permanent promotions in established lines of progression will
take place with Departmental seniority governing subject to
Article 14.01(a). The positions outlined in Article 14.06 that
are excluded from lines of progression shall be subject to
posting provisions. (See Article 14.08)
(b) It is understood that promotion to the position of Tradesman
can only be done through the apprenticeship program as
outlined in Article 25, or through the promotion of a
qualified person.
(c) In the event that an employee declines to exercise his
Departmental seniority to step up to the next position in his
Department, whether permanently or temporarily, to which he
would otherwise have been entitled by virtue of Departmental
seniority, ability and qualifications, he will no longer be
able to exercise his Departmental seniority to obtain a job
senior to the employee who bypassed him. A refusal to step up
to the next position in the line of progression shall be
recorded and a copy sent to the Union.
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(d) 4th Class Stationary Engineer's Certificate (Permanent 4th
Class Certificate)
1) Upon permanent shutdown of the current boiler and
temporary low pressure boiler, a permanent
certificate is not a requirement for the purpose of
promotion in the production department. It is
understood and agreed that production department
seniority as of the boiler(s) shutdown date prevails,
in accordance with Article 14.07(c).
2) Present Brine Operators and Relief Brine Operators
have the option to obtain their permanent 4th Class
certificate as per Article 14.07(d)3 iv). Upon
successful completion of a permanent 4th Class
certificate the Brine Operator / Relief Brine
Operator will receive the steam ticket rate when
working as a Brine Operator.
3) Should the need arise in the future for a permanent
4th Class certificate because of physical plant
changes, the following will apply:
i) A permanent 4th Class certificate is
required for the permanent positions of Cell
Operator & Crystal Operator. The Relief &
Temporary Crystal Operators will also
require a permanent 4th Class certificate.
ii) In order to assist an employee who is
promoted to the position of temporary or
permanent Cell Operator, he will be
supported in his application for a temporary
4th Class certificate. He will be required
to obtain a permanent 4th Class certificate
within 12 months. This may be extended to 15
months if he has attempted and failed his
exam in the first 12 months. This also
applies to Relief, Temporary, or Permanent
Crystal Operators.
iii) If after the 15 months, or after 12 months
if no attempt is made to write the exam, he
shall be demoted to a position not requiring
a permanent 4th Class certificate.
iv) In order to assist a production employee to
obtain a permanent 4th Class certificate (to
study and write the necessary material and
exam) he will be allowed paid time off to a
maximum of 84 hours. This will also include
employees who, prior to 1994, have
previously been given the opportunity to
write the exam for a permanent 4th Class
certificate.
14.08 Postings
Permanent vacancies in the following job classifications will be posted
and shall be filled on the basis of Plant seniority subject to 14.01(a)
and Article 14.07.
(1) Brine Operator
(2) Maintenance Helper
(3) Storesperson
(4) Tradesperson
Notice of permanent vacancies within the scope of the agreement will be
posted for twelve (12) days, on the bulletin boards. During this time,
applications may be made to the Administration Manager.
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14.09 Temporary Openings
Temporary openings in the Production Department will be divided into
two (2) categories, namely:
Type "A" having a duration in excess of three (3) months, and will be
applicable only in cases of extended leave of absence and long term
sickness or disability.
Type "B" having a duration of up to three (3) months to cover vacation
relief, short term illness and short term absence.
Type "A" openings will be filled in the same manner as that outlined in
Article 14.06 for permanent openings. However, in the event that the
circumstances which caused the opening, return to normal, then the
temporary position will cease to exist. The accrual of Departmental
seniority in such cases will be governed by Article 14.01.
Type "B" openings may be filled by employees in the lowest
classification within the respective Department, out of line of
Departmental seniority and subject to Article 14.01(a), to meet the
continued and efficient operation of the Plant.
The Company, in administering Type "A" openings, will estimate the
expected duration of an opening without prejudice, from the information
available.
14.10 Transfers
(a) In the case of permanent transfer from one Department to
another, Plant seniority shall govern subject to the provision
of Article 14.01(a).
14.11 Demotions
(a) Demotions resulting in bumping in the recognized Departments
for whatever reason inclusive of layoffs, shall take place in
reverse progression to that outlined in Article 14.06 with
accumulated Departmental seniority governing subject to
Article 14.01(a). It is understood that Maintenance employees
in such instance shall exercise Departmental seniority to
displace only those employees in the Maintenance Helper and
Storesperson positions.
(b) An employee who is demoted, within his Department, either
voluntarily or for inability to perform the work shall not be
entitled to exercise Departmental seniority to move up to a
higher job classification. If the cause for the demotion has
been corrected the employees' previous Departmental seniority
will be reinstated.
14.12 Seniority Lists
The company shall, within thirty (30) days of the date on which this
Agreement is signed, furnish the Union with two (2) copies of a list
showing the Plant and Departmental seniority of each employee then on
the payroll and will thereafter revise such list each six (6) months.
14.13 Any employee promoted to a supervisory or staff position which removes
him from the Bargaining Unit shall retain and accumulate his Plant and
Departmental seniority within the Bargaining Unit for a period of up to
twelve (12) months following this promotion. The employee will continue
to pay the prescribed union dues while he maintains his seniority
within the Bargaining Unit. If during this twelve (12) month period
such employee is transferred back to the Bargaining Unit, he shall
exercise his accumulated Plant and Departmental seniority in returning
his to his former job. Any extension of the above shall be by mutual
agreement and limited to two (2) month intervals.
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ARTICLE 15
GRIEVANCE PROCEDURE
15.01 A grievance is any difference of opinion or dispute with respect to the
interpretation, application or alleged violation of this Agreement. A
grievance must be presented in the following manner.
15.02 Step No. One (1)
If an employee has a complaint, that employee alone or accompanied by a
shop xxxxxxx shall submit the complaint to his Department Manager. The
Department Manager shall render his decision to the employee within the
following ten (10) calendar days. If the decision is not satisfactory
the complaint shall be reduced to writing as a grievance.
15.03 Step No. Two (2)
If a settlement is not reached as outlined above, the grievance,
reduced to writing, shall be submitted to the employee's Department
Manager within fourteen (14) calendar days following receipt of the
Department Manager's step one (1) decision. A meeting between the Union
Standing Committee, the grievor and the Department Manager shall take
place within fourteen (14) calendar days following the submission of
the written grievance. The Department Manager shall render his written
decision within fourteen (14) calendar days following the step two (2)
meeting.
15.04 Step No. Three (3)
If the written decision of the Department Manager is not accepted, the
Union Standing Committee may within fourteen (14) calendar days submit
the grievance to the Plant Manager. A further meeting shall be held
between the Union Counsellor and/ or an officer of the National Union,
the Union Standing Committee and the Plant Manager or his designate.
The Plant Manager shall render his written decision within fourteen
(14) days following the step three (3) meeting.
15.05 If the decision of the Plant Manager is not accepted the Union may
refer the grievance to arbitration.
15.06 Notice of reference to arbitration specifying the matter or matters to
be arbitrated shall be given in writing to the other party within
forty-five (45) calendar days after the rendering of the decision by
the Plant Manager.
15.07 The Company or Union may submit a Policy Grievance which directly
affects the interests of the party to the Collective Agreement and
shall not be administered as an employee grievance.
The Policy Grievance may be submitted within thirty (30) working days
from the date of occurrence of the incident giving rise to the
grievance. The recipient of the grievance shall render a decision in
writing within thirty (30) working days of receipt of the grievance.
The Policy Grievance shall be submitted at Step No. Three (3) of the
Grievance Procedure.
15.08 In the event that either of the parties does not take a grievance to
the next higher step within the time limits set out above the grievance
shall be deemed to have been withdrawn. If the recipient of the
grievance fails to respond within the time limits set out above, the
grievance shall be deemed resolved in favor of the grieving party.
15
15.09 A grievance shall be presented as soon as practicable after the
occurrence causing the grievance. However, the time limit for filing a
grievance is 21 working days after the occurrence causing the
grievance.
15.10 When an agreement has been reached between the Company and the Union at
any stage of the grievance procedure it shall be put in writing and it
shall be final and binding on both parties.
15.11 Nothing in this agreement shall be construed to prevent any employee
from presenting any complaints on his own behalf directly to the
Company or to prevent the Company from making adjustments in respect of
such individual complaints not inconsistent with the terms and
provisions of this agreement.
15.12 The time limit between steps may be extended by mutual consent. All
time extensions must be confirmed in writing.
ARTICLE 16
ARBITRATION
16.01 A grievance which has not been settled after being carried through the
steps of the Grievance Procedure may be referred to Arbitration in
accordance with the following procedure.
16.02 When notice is given in accordance with Article 15.06 the party giving
the notice shall, at the same time, in writing, nominate an arbitrator.
16.03 Within seven (7) days thereafter the other party shall nominate an
arbitrator and so advise the other party in writing within the said
delay.
16.04 The two nominees shall endeavour to select a third person who shall act
as chairman.
16.05 In all matters of procedure not covered by the provisions of this
section, including alternating procedures for the selection of a third
arbitrator the provisions of the Labour Relations Code of British
Columbia (1993) shall apply.
16.06 The Arbitration Board shall have jurisdiction to interpret the
provision of this Agreement in so far as shall be necessary to the
determination of the grievance, but shall not have jurisdiction or
authority to alter in any way, add to, subtract from or modify any of
the terms hereof, nor make any decision inconsistent with the
provisions of this agreement.
16.07 The decision of the Arbitration Board shall be final and binding upon
the parties hereto and the employee or employees concerned.
16.08 Each of the parties shall bear equally the expense of the Chairman of
the Arbitration Board.
16.09 The parties hereby request the Arbitration Board to render its decision
as expeditiously as possible.
16.10 The award of the Arbitration Board shall not be made retroactive to a
date prior to the date on which the grievance was submitted in writing
as provided for in the Grievance Procedure.
16.11 The Company and the Union may by mutual agreement, elect a single
arbitrator instead of a three-man arbitration board, and the powers of
the single arbitrator shall be the same as those of the board of
arbitration pursuant to this article.
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ARTICLE 17
DAYS OFF AND SCHEDULE OF SHIFTS
17.01 The employer will normally designate consecutive regular days off for
each regular employee.
17.02 When extensive changes to the schedule are necessary the Company will
so notify the Union in advance whenever practical, and will welcome
discussion with the Union Standing Committee.
17.03 (a) Employees may change their day or days off by mutual agreement
with their Department Manager, provided such change shall not
involve additional cost to the company.
(b) Department Managers may change an employee's day(s) off by
mutual agreement with the employee concerned.
17.04 Employees will normally not be scheduled to work six (6) consecutive
days in a two-week period. The exception being that if the shift
schedule is altered significantly as a result of layoff, plant
shutdown, etc., this may not always be possible.
(a) Relief Brine Operators/ Labourers (assigned to the Production
Department) shifts may be changed at anytime provided the
employee is given 24 hour notice prior to shift change. Every
effort will be made to give the employee as much notice as
possible.
ARTICLE 18
VACATIONS
18.01 It is hereby understood and agreed that in the application of the
following provisions governing vacations and vacation pay, no employee
shall be treated less favourably than is provided for under the "Annual
Holidays Act". (R.S.B.C. 1980) SBC Chap.10 - #36.
18.02 The Vacation year shall be the twelve (12) months commencing on May 1st
and ending the following April 30th. However, for the purposes of
calculating vacation pay only May 1st shall be interpreted as being the
end of the last pay period in April.
18.3 Management will co-operate in arranging vacation time to suit each
employee. However, the scheduling of vacation time is to be decided by
Management. Management will give consideration to requests for vacation
dates on the basis of plant seniority, provided such requests are made
before March 1st for the current year. However, it is understood that
no employee can exercise seniority rights over less senior employees in
the scheduling of more than two (2) weeks vacation during the period
June 15th to September 15th.
18.04 Vacations are not cumulative and must be taken annually within the
vacation year as defined in 18.02. However, the Company may extend the
vacation year due to extenuating circumstances and as mutually agreed
at the request of an employee.
18.05 No employee may continue to work and draw vacation pay in lieu of
taking his vacation.
18.06 Vacation pay will be paid by direct deposit to an employee's account on
a bi-weekly basis as vacation is taken. The company may grant vacation
pay in advance due to extenuating circumstances and as mutually agreed
at the request of the employee.
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18.07 Employees of the Company shall receive their vacation with pay
entitlement exclusive of recognized holidays to which they are entitled
under Article 7 of this Agreement.
18.08 When services of an employee are terminated for any reason, he shall
receive vacation pay for the vacation earned but not taken, computed as
4% of his total earnings for the period during which vacation was
earned. An employee who qualifies for vacation under 18.12 will be paid
6% of his total earnings on termination, those who qualify for
vacations under 18.13 will be paid 8% of their total earnings on
termination, and those who qualify for vacation under 18.14 will be
paid 10% of their total earnings on termination, those who qualify for
vacation under 18.15 will be paid 12% of total earnings on termination,
and those who qualify under 18.16 will be paid 14% of total earnings on
termination.
18.09 The following shall be considered as time worked (maximum 9 1/3 hours
per day and 37 1/3 hours per week) for the purpose of qualifying for a
vacation.
(a) Time lost as a result of an accident as recognized by the
Worker's Compensation Board.
(b) Time, not exceeding one year, lost as a result of a
non-occupational accident or illness, provided that the
employee has completed the probationary period as outlined in
Article 14.02, and that he returns to his employment.
(c) Time spent on earned vacations.
(d) Time spend on holidays as defined in Article 7 of this
Agreement.
(e) Time absent from work because of Jury Duty or as a subpoenaed
witness.
(f) Time absent from work because of a death in family.
(g) Time absent from work on approved leaves of absence.
18.10 Employees employed by the Company on May 1st of any year and who have:
(a) Less than twelve (12) months continuous service and do not
qualify under 18.11 below will be granted one quarter (1/4)
of a day's vacation with pay for each full week of work
performed in the immediately preceding vacation period. No
vacation of less than one (1) day, nor more than eight (8)
days will be granted under this provision. Fractional
entitlements will be rounded off to the nearest full day; eg:
an employee with three and one-quarter (3 1/4) days vacation
credit will be granted three (3) days vacation; whereas, an
employee with three and one-half (3 1/2) or three and three
quarters (3 3/4) days vacation credit will be granted four (4)
days vacation. Pay for such vacations will be computed at four
per cent (4%) of the employee's actual earnings during the
vacation period in which the vacation was earned.
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18.11 Employees on the payroll of the Company on May 1st who have 1400 hours
continuous service have qualified for a first vacation and shall be
granted two (2) weeks vacation with pay. Pay for such two-week vacation
shall be four per cent (4%) of the employee's actual earnings during
the vacation period in which the vacation was earned, or two weeks base
pay computed on the basis of the employee's regular job rate at the
time he goes on vacation, whichever is greater.
18.12 Employees on the payroll of the Company on May 1st who qualify for a
second vacation shall be granted three (3) weeks vacation with pay. Pay
for such three-week vacation shall be six per cent (6%) of the
employee's actual earnings during the immediately preceding vacation
period, or three weeks base pay computed on the basis of the employee's
regular job rate at the time he goes on vacation, whichever is greater.
18.13 Employees on the payroll of the Company on May 1st who qualify for a
7th vacation shall be granted four (4) weeks vacation with pay. Pay for
such four-week vacation shall be eight per cent (8%) of the employee's
actual earnings during the immediately preceding vacation period, or
four weeks base pay computed on the basis of the employee's regular job
rate at the time he goes on vacation, whichever is greater.
18.14 Employees on the payroll of the Company on May 1st who qualify for a
15th vacation shall be granted five (5) weeks vacation with pay. Pay
for such five-week vacation shall be ten per cent (10%) of the
employee's actual earnings during the immediately preceding vacation
period, or five weeks base pay computed on the basis of the employee's
regular job rate at the time he goes on vacation, whichever is greater.
18.15 Employees on the payroll of the Company on May 1st who qualify for a
24th vacation shall be granted six (6) weeks vacation with pay. Pay for
such six week vacation shall be twelve per cent (12%) of the employee's
actual earnings during the immediately preceding vacation period, or
six weeks base pay computed on the basis of the employee's regular job
rate at the time he goes on vacation, whichever is greater.
18.16 Employees on the payroll of the Company on May 1st who qualify for a
30th vacation shall be granted seven (7) weeks vacation with pay. Pay
for such seven week vacation shall be fourteen per cent (14%) of the
employee's actual earnings during the immediately preceding vacation
period, or seven weeks base pay computed on the basis of the employee's
regular job rate at the time he goes on vacation, whichever is greater.
18.17 For the purpose of calculating vacation pay, actual earnings shall not
include profit sharing earnings.
18.18 After completing the necessary period of continuous service with the
Company, an employee shall, in addition to the regular vacation to
which he is entitled, become eligible to receive a Supplementary
Vacation with pay as set forth below:
Year of Completed Continuous Service Supplementary Vacation
------------------------------------ ----------------------
After 5 years 1 week
After 10 years 2 weeks
After 15 years 2 weeks
After 20 years 2 weeks
After 25 years 2 weeks
After 30 years 2 weeks
(a) The Supplementary Vacation must be taken within five
(5) years of the employee's becoming eligible or
before his becoming eligible for his next earning
period of Supplementary Vacation as above, whichever
comes first.
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(b) For the purpose of determining eligibility for
Supplementary Vacation, an employee's service shall
be calculated from the date of his joining the
Company.
(c) The Supplementary Vacation may be taken in
conjunction with the regular vacation to which the
employee is entitled, subject to Article 18.03.
(d) One week's Supplementary Vacation pay shall be equal
to 37 1/3 hours at the straight time hourly rate of
the employee's regular job.
(e) At retirement or termination from the Company an
employee who has qualified for Supplementary Vacation
shall be entitled to that portion of Supplementary
Vacation Pay proportionate to the number of years of
service completed subsequent to his last five-year
entitlement period.
18.19 In the event an employee is called in to work, during his/her vacation,
the employee shall be granted another day off with pay to be taken
during the current vacation period. The employee being called in must
receive prior approval from his/her supervisor.
ARTICLE 19
TEMPORARY EMPLOYEES
19.01 A temporary FULL-TIME employee shall be an employee who is hired to
fill a temporary labour need for 37 1/3 hours per week, be it skilled
or unskilled.
19.02 A temporary PART-TIME employee shall be an employee who is hired for
less than 37 1/3 hours per week to fill a temporary need as Labourer.
There will be no displacement of permanent or temporary full-time
workers by part-time employees.
Temporary part-time employees may be only utilized after the company
has consulted with the Union regarding the need for hiring.
19.03 He/she shall be considered a temporary employee for up to one year.
19.04 The company will notify the Union when a temporary employee is being
hired.
19.05 All articles, with the exception of Article 14 will apply to temporary
full-time employees. However, the eligibility period for WI, LTD, Life,
AD&D, and Dental Plans shall be 4 months.
19.06 All articles, with the exception of Articles 14, 32, and 33 will apply
to temporary part-time employees.
20
ARTICLE 20
JOB CLASSIFICATIONS AND JOB RATES
20.01 Job classification during the term of this Agreement shall be in
accordance with Appendix "A" appended hereto.
20.02 Job rates as detailed in Appendix "A" will be made effective December
1, 2000 and will remain in effect until November 30, 2003.
ARTICLE 21
WAGE RATE ADJUSTMENTS
21.01 Job rate shall be defined as the wage rate for any job classification
as listed in Appendix "A", "Job Classifications and Job Rates" and
excludes all premium pay, bonuses, shift differentials and allowances
of any type or kind.
21.02 Should the Company introduce a change(s) that will affect job content
during the term of the Agreement, the following procedure shall apply:
(a) The Company shall notify the Union as far in advance of the
change(s) as is practicable.
(b) The Company shall describe the change(s) and provide an
estimate of the effect on Union members' jobs.
(c) After an appropriate period from commissioning the change(s),
up to SIXTY (60) DAYS, a new rate will be settled by
discussion between the Company and Union Standing Committee.
(d) The Company agrees that failure to resolve any differences
there may be after discussions, may result in the Union filing
a grievance, as herein provided, alleging that the new rate is
incompatible with relevant internal and external comparisons.
The company agrees that any change in the new rate that may result from
grievance procedure, discussions, or from an arbitration decision will
be made retroactive to the date on which the new rate was first applied
or the date on which the job changed, whichever first occurs.
21.03 If an employee is temporarily transferred to a job paying a higher rate
he shall be paid the higher rate.
21.04 It is understood that when an employee is being trained for a higher
paying job he shall receive this regular job rate.
21
ARTICLE 22
OVERTIME AND PREMIUM TIME
22.01 Overtime
Overtime shall be either all authorized time worked in excess of nine
and one third (9-1/3) hours in a twenty-four (24) consecutive hour
period, starting when an employee reports for work; or, all hours
worked in excess of thirty seven and one third (37-1/3) hours in any
one week except in the case of those employees assigned to the 12-hour
shifts when overtime shall be all hours worked in excess of 12 hours in
a 24 consecutive hour period, starting when an employee reports for
work, or all hours worked in excess of 36 or 48 hours per week
depending on whether such 36 or 48 hours per week fall into the regular
schedule of 3 days on and 3 days off.
(a) In the event that an employee is required to work overtime
hours that run continuously from the end of his shift, he must
be given a minimum of eight (8) hours off, before starting his
next shift. Any straight time earnings lost as a result will
be paid to the employee affected.
(b) In the event an employee is called in to work overtime hours
that occur in, or extend into, the period between 2330 Hrs.
and 0330 Hrs. when such an employee is scheduled to report for
work at 0700 Hrs. (or 0630 Hrs), if the time worked in this
period is one or more hours the employee will not be required
to report for work for a minimum of eight (8) consecutive
hours from the end of the time worked. Straight time earnings
lost as a result will be paid the employee affected.
(c) In the event an employee is called in to work overtime hours
that occur in the period between 0330 Hrs. and 0700 Hrs. (or
0630 Hrs.), if the time worked in this period is one or more
hours the employee will not be required to report for work for
a period past 0700 Hrs. (or 0630 Hrs.) equivalent to the hours
worked during the 0330 to 0700 Hrs. (or 0630 Hrs.) period, or
take the equivalent time off at the end of his/ her shift.
Straight time earnings lost as a result will be paid to the
employee affected.
22.02 In those weeks when a day worker works a scheduled 37 1/3 hour week,
hours in excess of 37 1/3 hours shall be paid at overtime rates.
22.03 All authorized overtime shall be paid at double time.
22.04 For the purpose of avoiding pyramiding of overtime, hours compensated
for at overtime or premium time rates shall not be counted further for
any purpose in determining overtime liability under the same or any
other provision.
22.05 Shift Premiums shall not be included when computing pay for overtime.
Sunday Premiums shall not be included when computing pay for overtime.
22.06 Time exchanged between employees, hours worked as a result of shift
change, shall be paid for at the regular straight time hourly rate of
the employee scheduled to work at that time plus shift differential
applicable to the time worked. Such changes must have the approval of
the supervisor concerned.
22.07 Where an employee's shift schedule is changed with less than 48 hours
notice then the employee will be paid overtime for the first shift
worked (except as noted in 17.04(a)).
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22.08 Sunday Premium
A premium of $1.75 per hour shall be paid to all workers for work
performed on Sunday which shall be known as "Sunday Premium".
22.09 Shift Differentials
(a) A differential of $1.60 per hour for all hours worked on
scheduled evening night shifts between the hours of 1830 hrs.
and 0630 hrs..
(b) An employee working on a regularly scheduled night shift shall
continue to receive the shift differential for overtime worked
beyond 0630 hrs.
22.10 In the event that an employee is called in and reports to work at least
one full shift before his regular starting time he shall continue to
receive overtime rates if he is asked to continue on into this regular
shift.
22.11 A hot meal, value of $12.50 shall be provided for any employee called
in to work four (4) hours or more on a scheduled day off or if less
than 24 hours notice is given, or for two (2) hours or more if these
overtime hours are continuous with his regular scheduled hours, and
every four hours thereafter.
In the latter case, depending on the urgency of the work involved, the
meal may be taken prior to or during the overtime period provided the
actual time worked is two (2) hours or more.
When a maintenance employee is called in to work, he will receive the
hot meal allowance after four (4) hours of work and every (4) hour
hours thereafter, until the completion of the work.
Meal vouchers will be included on the pay cheque and be a taxable
benefit.
ARTICLE 23
JURY DUTY PAY
23.01 a) The Company will pay an employee called for Jury Duty or as a
subpoenaed witness, the difference between the jury duty or
witness pay and his straight time pay, provided he works his
regular shift when not performing such jury or witness
service. The employee will be required to furnish proof of
performing such service and such duty pay received.
b) Shift workers will not be required to work a scheduled evening
shift if :
- jury duty starts the following day, or
- jury duty is completed on the day of the scheduled
evening shift.
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ARTICLE 24
BEREAVEMENT LEAVE
24.01 In the event of a death of a member of an employee's immediate family,
the employee will be allowed a reasonable time off. The Company will
pay such employee his straight time pay for any of his scheduled
working days lost immediately following the death, up to a maximum of
three (3) days to attend the funeral. If the employee is unable to
attend such funeral, he will be allowed one (1) day off for personal
reasons for which he will be reimbursed, at this straight time rate for
any wages lost during such absence.
"Immediate Family" means Father, Mother, Child, Spouse, Brother,
Sister, Spouse's Father, Spouse's Mother, Step-Father, Step-Mother,
Step-Children, Grand Parents and Grand Children, Son's Spouse and
Daughter's Spouse.
ARTICLE 25
MAINTENANCE DEPARTMENT APPRENTICES
25.01 Appendix "B" attached hereto and entitled "Maintenance Apprenticeship"
shall be part of this agreement.
ARTICLE 26
SUSPENSION AND/OR DISCHARGE
26.01 When in the opinion of the Company disciplinary action involving
suspension or discharge become necessary the Union shall be notified of
that intent and the reasons therefore, prior to the action, if such
prior notification is practicable. Further the Company welcomes
pertinent discussion with the Union about the suspension or the
discharge prior to that action when practicable.
26.02 In the event that an employee has been discharged and it is alleged
that he has been unjustly dealt with the grievance procedure may be
used. The grievance must be submitted to the Company in writing within
seven (7) days of the discharge and in such cases steps one and two of
the grievance procedure shall be omitted.
ARTICLE 27
LEAVE OF ABSENCE
27.01 The Company will consider granting a leave of absence to employees for
personal reasons consistent with the continued and efficient operation
of the plant, and provided there is a minimum of disruption to fellow
employees.
27.02 The length of such leave of absence in any one year shall be:
(a) Those employees with more than one year's service but less
than five year's service - up to one week.
(b) Those employee with more than five year's service - up to one
month.
However under extenuating circumstances, the Plant Manager may alter
the above conditions at his sole discretion.
24
27.03 Such leave of absence shall be without remuneration.
27.04 A leave of absence must be applied for in writing.
27.05 It will be the responsibility of the employee to arrange with the
Company for the payment, suspension, or other disposition, of the
Company sponsored welfare plans at the time of applying for such leave
of absence.
27.06 No employee will be granted a leave of absence to accept other
employment. It is understood, however, that other employment does not
include duties as elected union officers, elected political
representative, (i.e.: MLA, MP, Councillor, Mayor, etc.), or other such
assignments, for which remuneration may be paid.
27.07 The following specific exceptions will be made to the above were a
leave of absence is granted by the Company to an employee in order that
he may accept an elected Union or political office (as in 27.06 above).
(a) It is agreed that an employee who is elected or appointed to
Union office shall be granted sufficient leave in order to
perform the duties of the position. The length of such leave
of absence may be up to one year or for the elected term.
(b) The employee will continue to accumulate seniority.
27.08 Parental leave as outlined in the Employment Standards Act.
ARTICLE 28
COMMITTEES
28.01 The Company shall appoint a Company Standing Committee of three (3)
individuals which shall represent the Company.
28.02 The Union shall elect from its membership of employees at Sterling Pulp
Chemical's North Vancouver plant a Union Standing Committee of three
(3) which shall represent the Union for the purpose stated in this
Agreement.
28.03 (a) The Company and Union Standing Committee shall meet quarterly
to discuss items of mutual interest. The agenda for each
meeting shall consist of the following items.
i) Safety
ii) Changes to the plant that will affect Union members. Where
the change(s) is significant. Workers for the affected
areas will be included to provide their input in
subsequent discussions.
iii) Other items.
(b) Minutes of these meetings shall be distributed for signatures
within one (1) week after the meeting.
25
ARTICLE 29
TRAINING
29.01 The Company recognizes its responsibility to ensure that its employees
are adequately trained to perform their jobs in a satisfactory manner.
The Company will institute a training program for all Production
employees under the direction of the Production Manager or his
appointee so that the opportunity will be given to each employee to
perform his job satisfactorily and to satisfactorily perform the duties
of the next higher job classification. The Union recognizes that it is
to the mutual benefit of both parties to have an adequately trained
workforce.
ARTICLE 30
TECHNOLOGICAL CHANGE AND TERMINATION PAY
30.01 The Company will endeavour to give as much prior notice of
technological change however, not less than 90 days before the date on
which the technological change is to be effected.
The notice of technological change shall be in writing and shall state:
(a) Nature of the technological change.
(b) Date of which technological change will be effected.
(c) Approximate number and type of employees likely to be affected
by the technological change.
If the Company and Union are unable to resolve their differences
regarding technological change, final and conclusive settlement,
without work stoppage, shall be by arbitration or another method agreed
to by the parties.
30.02 The Company agrees to pay termination pay to employees permanently laid
off because of plant closure, automation, technological change,
modernization or for economic reasons at the rate of pay of two (2)
weeks pay per year of service. In the event of plant closure the
Company agrees to negotiate with the Union the termination payout. The
Company also agrees to cooperate with the Government to minimize the
impact of plant closure.
The terms of payout shall be defined as:
(a) Initial payment conforming to provisions of the Employment
Standards Act.
(b) Remainder, if applicable, on expiry of recall rights.
(c) A laid off employee may request in writing payment of his
termination pay after three (3) months on layoff providing the
employee agrees in writing to waive his remaining recall
rights.
30.03 When an employee is terminated as a direct result of plant closure,
automation, and/or technological change, Management will assist the
Union in communicating with Canada Manpower to advise them of the
suitability of the employee for re-training and re-location in another
job, and request that they use their facilities for this purpose.
In the event of plant closure, the company will endeavor to give as
much prior notice as possible, however, not less than 90 days.
30.04 The Company agrees to retrain those employees whose jobs cease to exist
due to Modernization or Expansion, for other jobs within the plant.
This excludes employees who are laid off or terminated and does not
obligate the Company under the Maintenance Apprenticeship program.
26
ARTICLE 31
CONTINUOUS 12-HOUR SHIFTS
The parties hereto agree to the following terms and conditions relating
to the continuous rotating shift schedule, as hereafter defined.
31.01 The work schedule considered herein will be applicable to The Job
Classifications, currently on the existing continuous rotating shift
schedule, in the Production Department.
31.02 The shift schedule is as per Appendix D.
31.03 Upon converting to a revised schedule and during the first week under
it, no premiums will be paid to an employee for the sole reason of
transferring from one standard work week to another standard work week.
31.04 Each employee's pay will be calculated on a weekly basis. However, if
an employee wishes, the Company will hold back a fixed amount each week
the employee works in excess of 36 hours, to be paid to the employee at
the time he gets his "9 days off". It is clearly understood that this
holdback of pay will not be flexible, and will only be paid to the
employee when he takes his scheduled 9 days off.
31.05 Vacations will be allotted on a weekly basis and will be paid on a
37 1/3 hr. basis.
ARTICLE 32
HEALTH AND WELFARE
32.01 Benefits of hourly-paid employees during the term of this Agreement
shall be in accordance with appendix "C" appended hereto. For full
details refer to the current Sterling Pulp Chemicals Plan Texts and
associated policies. For ease of reference, see the current Employees
Benefits Program booklet.
32.02 E.I. Premium reduction will be applied to funding the benefits package.
32.03 For the purposes of Weekly Indemnity claims the waiting period will be
"0" days for both illness and accidents and subsequently the claim will
be paid on the first calendar day.
32.04 The Company will pay all Health and Welfare premiums for the first two
years during an employee's recovery while on L.T.D.
32.05 Supplementary Benefit Fund
The company (Sterling Pulp Chemicals) agrees to allocate the following
amounts of money to a trust fund to be set up by PPWC #5 for use as a
supplementary benefit fund for current and past members of the local.
Effective December 1, 1997 the Company will contribute *$0.40/hour for
regular hours worked to the Fund; effective December 1, 1999 the
Company will contribute $0.42/hour for regular hours worked to the
Fund.
Utilization/application of this supplementary benefit shall be at the
discretion of members of the local. The company will be kept informed
as to application of the fund.
This fund will not prejudice the Company reviewing the ad hoc increases
to retirees.
* Based on 37 1/3 Hrs/week. (For all employees.)
27
32.06 Agreed to eliminate for the term of the agreement requirement for
physician's statement for absences due to non-occupational sickness or
accident up to one week. Physician's statement may be required at the
discretion of the supervisor.
ARTICLE 33
PENSION PLAN
33.01 a) There shall be a Pension Plan for all employees with
contributions made by the Company, to provide for the needs of
the employees upon retirement.
b) Pension benefits are increased from $45.00/month/year
(December 1, 1999) to $51.00/month/year on November 30, 2003.
c) Spousal Pension - Effective December 1st, 1994 the spousal
benefit is 60% for all years of service.
d) Credited service for future retirees is calculated from day
one, provided the employee has satisfied the probation period
(40 working days). All other terms as per Plan Text.
28
EARLY RETIREMENT PROVISION
I Effective September 8, 1992, retirement at 60 years of age with 20
years of service with no reduction.
Effective December 1st, 1994 the following reduction from age 60 to 55
with 20 years service apply (.41667%/month reduction to age 55)
Age Years of Service Reduction
--- ---------------- ---------
65 20 0 %
64 20 0 %
63 20 0 %
62 20 0 %
61 20 0 %
60 20 0 %
59 20 5 %
58 20 10%
57 20 15%
56 20 20%
55 20 25%
II Age 55-64 minimum of 10 years service - 1/4 of 1% per month for each
month of early retirement -/from 60 to 64 plus 1/2 of 1% per month
prior to age of 60 (55-60)
Current age of 60 (55 to 60) Schedule
65 0%
64 3%
63 6%
62 9%
61 12%
60 15%
59 21%
58 27%
57 33%
56 39%
55 45%
III Age 55 to 64 - less than 10 years service - 1/2 of 1% per month for
each month of early retirement prior to age 65.
Schedule
65 0%
64 6%
63 12%
62 18%
61 24%
60 30%
59 36%
58 42%
57 48%
56 54%
55 60%
Bridging: Effective December 1, 1988 a bridging formula of $15.00
per month per year service will be available to those
retiring between age 63 and 65. A minimum of 10 years
service is required for bridging.
29
ARTICLE 34
BANKING OF OVERTIME
34.01 It is understood and agreed that the voluntary banking of overtime
hours will involve no extra time or cost to the company, nor will it
affect the smooth and efficient operation of the plant.
34.02 Time off in lieu of overtime will receive low priority and requires
mutual agreement between supervisor and employee.
34.03 Overtime pay and/or hours may be banked.
34.04 Overtime hours may be banked to a maximum of thirty-six (36) hours at
any one time.
34.05 Overtime pay may be banked with no maximum. Pay may be drawn out on any
regular pay period. Balances in excess of 36 hours not withdrawn by
September 30th of each year will be paid out in the following pay
period.
34.06 Overtime pay may be taken when earned and hours banked.
30
APPENDIX "A" - JOB CLASSIFICATIONS AND RATES
CLASSIFICATION DEC. 1/99 DEC. 1/00 DEC. 1/01 DEC. 1/02
-------------- --------- --------- --------- ---------
Temporary Maintenance Coordinator (TMC) $31.03 $31.74 $32.69 $33.67
Tradesperson 29.02 29.69 30.58 31.50
Storesperson 25.33 25.91 26.69 27.49
Maintenance Helper 23.93 24.48 25.21 25.97
Senior Relief Operator 29.02 29.69 30.58 31.50
Crystal Operator 29.02 29.69 30.58 31.50
Cell Operator 28.90 29.56 30.45 31.36
Brine Operator (4th Class Steam Ticket) 27.26 27.89 28.73 29.59
Brine Operator 26.79 27.41 28.23 29.08
Relief Brine Operator 23.93 24.48 25.21 25.97
Labourer 22.77 23.29 23.99 24.71
Hourly Wage increases: December 1/00: 2.3%
December 1/01: 3.0%
December 1/02: 3.0%
MULTI SKILLS / DUAL TRADES
1. Multi Skills is defined as a plant recognized provincial TQ Ticket (as
defined below) plus in house training for instrumentation, Level "C"
Provincial Welding certificate or a BCIT Pipefitting Certificate
Program (or equivalent) or other skills recognized by the Union and the
Company and supported by TQ ticket, or certificate of training, or
in-house training.
2. Dual Trades is defined as two plant recognized TQ qualifications (as
defined below), a single plant recognized TQ ticket plus a Xxxxx "X"
welding certificate or successful completion of a SAIT (or equivalent)
correspondence course for instrumentation.
3. Based on the needs of the plant, multi skills training will be provided
to personnel meeting the necessary qualifications.
4. Minimum qualifications is a provincial TQ ticket in at least one of the
required trades:
Electrician
Instrument Mechanic
Millwright
Pipefitter
Welder
5. Employee must be presently active in one of the above trades.
6. A selection board similar to Appendix "B" with a plant committee member
representing the bargaining unit will determine who will receive the
multi skills training.
7. Such training does not preclude the possibility of hiring from outside
the present bargaining unit for a dual trades person if such a
tradesperson were required or needed at the plant.
8. An $0.80/hr premium will be paid after successful completion of the
training for the multi skilled position.
9. An additional $0.80/hr premium will be paid for the dual trades
position as defined in Section 2.
31
APPENDIX "B"
MAINTENANCE APPRENTICESHIP
1. PURPOSE
To train Tradespersons of the highest calibre consistent with plant
requirements.
2. SCOPE
The program will embrace the Electrical, Instrument Mechanic,
Millwright, Pipefitter and Welder trades and will be run in conjunction
with the B.C. Department of Labour Apprenticeship Training Branch.
Other trades may be added in the future as required. It is intended
that there will be no more than one apprentice in each trade at any one
time.
3. STERLING PULP CHEMICALS APPRENTICESHIP BOARD
(Otherwise known as "The Board")
The Board will be established consisting of the Plant Manager,
(Chairman), the Maintenance Manager, a member of the personnel
function, and a Tradesperson employee of the designated trade involved
to made the final selection of apprentices. Said Board will also review
the progress of the apprentice from time to time and will be empowered
to take appropriate action. The tradesperson employee member of the
board will be appointed by the Plant Manager after due consultation
with the Union.
4. SELECTION OF CANDIDATES
Candidates will be selected from interested employees, recent high
school/technical school graduates, and graduates from accredited
pre-apprenticeship training course. Psychological, I.Q. aptitude tests
and other such aids may be used in assessing prospective candidates.
Apprentices will be selected on the basis of ability, personality, and
attitude.
5. JOB SECURITY
Apprenticeship training under this program does not constitute
guaranteed employment to a graduate. He retains and accumulates
seniority while employed as an apprentice, as spelled out in the Union
Contract, and as such is treated as any other employee on graduation.
Over and above any provisions in the B.C. Department of Labour
Apprenticeship program for the termination of unsuitable candidates,
and apprentice will be on probation for the first year and the Company
retains the right to terminate the apprentice if, in the opinion of the
"Board", the candidate is in any way unsuitable.
32
6. PAY SCHEDULE
The pay schedule for apprentices will be as follows:
1st 6 months - Labourer rate
2nd 6 months - Mech. "A" Rate less 7/8 spread
(Labourer rate to Tradesperson rate)
3rd 6 months - Tradesperson Rate less 6/8 spread
4th 6 months - Tradesperson Rate less 5/8 spread
5th 6 months - Tradesperson Rate less 4/8 spread
6th 6 months - Tradesperson Rate less 3/8 spread
7th 6 months - Tradesperson Rate less 2/8 spread
8th 6 months - Tradesperson Rate less 1/8 spread
On graduation - Tradesperson Rate
While an apprentice is in school the Company will make up his pay to
his regular weekly pay less all government sponsored allowances
available. Additional traveling and living expenses will not be paid.
For the purpose of calculating the regular weekly pay for classroom
training, the average weekly hours will be used, i.e.: 37 1/3 hours.
7. PROGRAM
On the job training will be done under the direction of the Maintenance
Manager through skilled Tradesperson. The apprentice will be expected
to perform useful tasks relating to maintenance in general and to a
large degree his selected trade in particulate. In no circumstances is
an apprentice to be considered a helper.
8. TOOLS
Apprentices will be expected to provide their own hand tools within a
reasonable period of time.
9. Apprentices will be considered as part of the bargaining unit and will
become Union members as provided for in the Sterling Pulp Chemicals
Union Contract. They shall be subject to the rights, privileges and
responsibilities of full Union membership except as herein specified.
33
APPENDIX "C"
BENEFITS OF HOURLY-PAID EMPLOYEES
NORTH VANCOUVER PLANT
Weekly Long Term Medical
Indemnity Disability Life A D & D Service Plan
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Eligibility *
Full Time 3 Months 3 Months 3 Months 3 Months 1 Month
Temp Full Time 4 Months 4 Months 4 Months 4 Months 1 Month
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Benefits 75% 60% $85,000 $ 85,000 All medical,
Hours lost Basic monthly wage Surgical and
Dec. 1/97 max. obstetrical
$5000
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Deductible -- -- -- -- --
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Elimination Period 0-days acc. 26 weeks -- -- --
0 day ill
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Duration Period 26 weeks to -- -- --
Age 65
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Amount of Retirement -- -- 50% of benefit -- --
$85000 Decr.
5%/Yr. min 25%
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Retirement -- -- -- -- --
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Carrier SPC Clarica Clarica Clarica M.S.P.
--------------------- -------------- ------------------- ---------------- --------------- ----------------
SPC Pays 90% 90% 96% 96% 100%
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Employee Pays 10% 10% First $1000 of First $1000 --
coverage of coverage
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Termination Date active As W.I. other Death or date Death or date Last day of
employment than sick, injury employment employment month which
ceases or vacation pay terminates terminates employment
terminates
--------------------- -------------- ------------------- ---------------- --------------- ----------------
Vesting -- -- -- -- --
===================== ============== =================== ================ =============== ================
Extended
Health
Benefits Dental Pension
--------------------- ---------------------- ------------------------- ----------------------
Eligibility *
Full Time Probation
Temp Full Time 1 Month 3 Months Period/40 Days then
1 Month 4 Months day one.
--------------------- ---------------------- ------------------------- ----------------------
Benefits 80% of 1st $1000/yr. 100% Diagnostic Dec. 1 /1999
100% above $1000/yr. Preventive/Restorative $45.00/ Mo./yr.
Max. $100,000/ yr. 75% Prosthetics
Renewable each year 50% Crowns, Bridges Nov. 30/ 2003
Dec. 1/ 2000 50% Orthodontics $51.00 / Mo./ yr.
Direct Payment to - $2,500.00
Pharmacy Lifetime limit
Dec 1/ 2001
Birth Control Pills
--------------------- ---------------------- ------------------------- -----------------------
Deductible $25/person or Amounts in excess of --
family per year B.C. fee guide
--------------------- ---------------------- ------------------------- -----------------------
Elimination Period -- -- --
--------------------- ---------------------- ------------------------- -----------------------
Duration Period -- -- --
--------------------- ---------------------- ------------------------- -----------------------
Amount of Retirement -- -- Benefit in effect at
retirement x years of
service
--------------------- ---------------------- ------------------------- -----------------------
Retirement -- -- Age 65; 60/20 years
--------------------- ---------------------- ------------------------- -----------------------
Carrier Pacific Blue Cross Great West Life Standard Life /
Montreal Trust
--------------------- ---------------------- ------------------------- -----------------------
SPC Pays 100% 90% --
--------------------- ---------------------- ------------------------- -----------------------
Employee Pays -- 10% --
--------------------- ---------------------- ------------------------- -----------------------
Termination Last day of month Last day of the month Death or termination
which employment which employment of employment
terminates terminates
--------------------- ---------------------- ------------------------- -----------------------
Vesting -- -- After 2 years
service in plan
===================== ====================== ========================= =======================
* See Article 19.05 for the benefits of temporary full-time employees.
34
APPENDIX "D"
PRODUCTION SCHEDULE
[ILLEGIBLE]
35
[STERLING PULP CHEMICALS LETTERHEAD]
LETTER OF UNDERSTANDING FOR
TEMPORARY MAINTENANCE CO-ORDINATOR
The Company may as required need an employee to act as a Temporary Maintenance
Co-Ordinator (TMC). (The Maintenance Manager may or may not choose to utilize
the TMC.) The selection of the TMC will be offered to the maintenance employee
meeting qualifications of departmental seniority, plant recognized Provincial
TQ Ticket and ability to perform the work.
Ability to perform the work will be determined by having the employee perform
duties and evaluating his performance. Evaluation will be by the Maintenance
Manager, Production Manager and the Plant Manager with input from the Shop
Floor.
This position is not a full time position and may be implemented when the
Maintenance Manager is away from the site or as short term work load dictates.
The TMC will work on the tools only in an emergency situation.
The number of days will vary from one to five days per week with overtime paid
as per the collective agreement.
The role of the TMC is to perform work load co-ordinations and
administration of the department, so that all work is performed safely.
At no time can the TMC discipline or recommend disciplinary measures.
The regular rate of pay for the TMC will be $27.18/ hr. effective December 1st,
1994. See Appendix "A".
/s/ XXX XXXXXXX /s/ XXXXXX XXXXXX
---------------------- -------------------------
Xxx XxxXxxx Xxxxxx Xxxxxx
Plant Manager Plant Chairman
December 9, 1997
36
[STERLING PULP CHEMICALS LETTERHEAD]
LETTER OF UNDERSTANDING
RAIL CAR INSPECTION
The company, Sterling Pulp Chemicals Ltd., North Vancouver Plant and PPWC (Pulp,
Paper and Woodworkers of Canada) Local #5 have agreed to transfer the
responsibilities of railcar inspections from the Maintenance Department to the
Production Department, effective January 18, 1999.
The responsibility for the repair of railcars will remain with the Maintenance
Department.
/s/ XXXXXX X. XXXXXXX /s/ XXXX XXXX
-------------------------------- -----------------------------
Xxxxxx X. XxxXxxx, P. Eng. Xxxx Xxxx
Plant Manager Plant Chairman
January 12, 1999
37
IN WITNESS WHEREOF we, the undersigned, have as the accredited representatives
of the respective parties to this Agreement hereunto set our signatures this 1
day of December 2000.
For: STERLING PULP CHEMICALS, LTD. For: PULP, PAPER & WOODWORKERS OF
CANADA, LOCAL 5
/s/ X.X XXXXXX /s/ G.A. HALL
--------------------------------- ----------------------------------
X.X Xxxxxx G.A. Hall
/s/ X.X XXXXXXXXXX /s/ X.X. XXXX
--------------------------------- ----------------------------------
X.X Xxxxxxxxxx X.X. Xxxx
/s/ T.N. XXXXXX /s/ X.X. XXXXXXXX
--------------------------------- ----------------------------------
T.N. Xxxxxx X.X. Xxxxxxxx
/s/ X.X. XXXXXX
----------------------------------
X.X. Xxxxxx
38
