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LABOUR AGREEMENT
THIS AGREEMENT BY AND BETWEEN
SCOTT PAPER LIMITED
Western Manufacturing Division
New Westminster, B.C.
(Hereinafter referred to as "the Company")
Party of the First Part
AND
COMMUNICATIONS, ENERGY AND
PAPERWORKERS UNION
OF CANADA, LOCAL 456
(An Unincorporated Association)
(Hereinafter called "the Signatory Union")
Party of the Second Part
Witnesseth:
AGREEMENT
ARTICLE 1 - GENERAL
Section 1: Purpose of Agreement
The general purpose of this Agreement is, in the mutual
interest of the employer and employee, to provide for the operation of the Plant
hereinafter mentioned under methods which will further,
to the fullest extent
possible, the safety and physical welfare of the employees, economy of
operation, quality and quantity of output, cleanliness of Plant, and protection
of property.
It is recognized by this Agreement to be the duty of the Company
and the employees to cooperate fully, individually, and collectively, for the
advancement of said conditions.
Section 2: Mutual Responsibilities
It is recognized by this Agreement to be the duty of the
Signatory Company to explain fully the terms of this Agreement to all its
Officers, Supervisors, and others engaged in a supervisory capacity,
and it is
recognized to be the duty of the Signatory Union to explain fully to its
members, its and their responsibilities and obligations under this Agreement.
Section 3: No Interruption of Work
It is agreed by the Union that there shall be no strikes,
walkouts, or other interruption of work during the period of this Agreement. It
is agreed by the Company that there shall be no
lockouts during the period of
this Agreement.
Section 4: Sucessorship
In the event of a change in employer status, members of Local
456 will retain all of their rights under the Collective Agreement.
ARTICLE II - DEFINITIONS
Whenever used in this Agreement including Exhibits:
Section 1: Employees
The word EMPLOYEES means all persons on the payroll of the
Signatory Company at the location (or locations) named in this Agreement,
excepting: those engaged in administration,
in actual supervision, in sales,
engineering, technical and research (other than shift pulp and paper testers),
accounting, clerical, stenographic, and other office work, or Security
functions.
Section 2: Tour Workers
The words TOUR WORKERS wherever used in this Agreement means
employees when engaged in operations scheduled in advance for at least
twenty-four (24) hours continuous running;
it being understood, however, that if
a Tour Worker is temporarily assigned to work not connected with the continuous
operation on which he is usually employed, his status as to tour or
day work
during such temporary assignment is determined by the nature of such assignment.
All other employees are considered day workers.
Wherever the word HE or HIS is used, it is understood to mean
HE or SHE, and HIS or HER.
ARTICLE III -
BARGAINING AGENCY
Section 1: Recognition
(a) Employees Covered by Agreement
The Signatory Company recognizes the Communications, Energy
and Paperworkers Union of Canada and its Local Union 456 as the sole
collective bargaining authority representing all
employees in the plant
located in New Westminster.
(b) Maintaining Membership
All employees in the employment of the Company shall, as a
condition of continued employment, maintain membership in good standing in
the Union. New employees shall, as a condition
of continued employment,
become members of the Union forty (40) days after becoming employed by the
Company.
(c) Failure to Maintain Membership
Any employee who fails to maintain his membership in good
standing in the Union shall be discharged after seven (7) days written
notice to the Company by the Union of the employee’s
failure to maintain his
membership in good standing.
(d) No Penalty for Application
No employee shall be subjected to any penalties against his
application for membership or reinstatement, except as may be provided for
in the Constitution and By-Laws of the
Communications, Energy and Paperworkers Union of Canada.
Section 2: Bulletin Boards
The employer shall supply adequately enclosed bulletin boards
for the use of the Signatory Union in posting of officially signed bulletins.
ARTICLE IV - DURATION AND
AMENDING PROCEDURE
Section 1: Term of Agreement
This agreement shall be in effect
from midnight April 30, 2008 to midnight April 30, 2012 and thereafter from year
to year subject to the conditions as set out in Sections 2 to 5 which follow
hereunder.
Section 2: Labour Code
The parties agree that the operation of Sections 50 (2) and
50 (3) of the Labour Code of British Columbia is hereby excluded.
Section 3: Notice of Re-opening
This Agreement may be opened for
collective bargaining as to changes as follows: Either party desiring any
change shall mail to other party notice in writing, by registered mail, on or
after
January 1, 2012 but in any event no later than midnight April 30, 2012,
that any change is desired, and if no such notice is given by either party on or
after the said January 1 and before the
said April 30, the earliest time at
which such notice may be given by either party is the corresponding period in
the following year. All notices given under the provisions herein on behalf of
the
Union shall be given by the Union (or its representative) and similarly
notices on behalf of the Company shall be given by the President of the Company
(or his representative).
Section 4: Collective Bargaining
If notice of desire for changes has been given in accordance
with Section 3 above, the parties shall, as soon as agreeable to the parties
following such date of notice, meet for collective bargaining,
the Company being
represented in such negotiations by a Bargaining Committee appointed by the
Company, and the Union being represented by a Bargaining Committee selected by
said Union.
Any agreement on changes arrived at and approved in such
negotiations shall be binding upon the parties to this Agreement. If such
negotiations cannot be completed prior to May 1st following
the date on which
such notice was given, any changes in compensation to employees shall
nevertheless be retroactive to the said May 1st.
Section 5: Termination
In case negotiations conducted in accordance with Section 4
above break down, either party may terminate this Agreement upon the expiration
of ten (10) days’ notice in writing mailed by registered
mail to the other
party.
ARTICLE V - SAFETY
Section 1: Principle
Employees and the Signatory Company are to comply with
established safety rules as amended by the Joint 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. An employee who has reasonable cause to believe that an unsafe
condition exists may refuse to work under such conditions without being subject
to discipline.
Section 2: Joint Safety Committee
The Local Union and the Company shall cooperate in selecting
one or more safety committees which will meet at least once a month to consider
safety problems.
Section 3: Safety Education
(a) The Union undertakes to promote safety and occupational
health education among its members in an effort to overcome accidents and
occupational health problems.
(b) The Company undertakes to promote safety and
occupational health education among all its employees in an effort to
overcome accidents and occupational health problems.
Section 4: Joint Labour / Management
Safety Conference
(a) A Joint Labour / Management
Safety Conference of two (2) days will be held annually.
(b) It shall be the basic principle
of this Conference to assist the delegates in the development of an
effective safety program through the promotion and implementation of best
practices for an effective safety program in each mill.
(c) To accomplish the
implementation of an effective safety program in the mill, each Local Union
shall have two (2) delegates in attendance at the safety conference. The
two (2) delegates shall be compensated by their respective employer for any
loss of wages. Travel and hotel expenses of the delegates shall not be paid
by their respective employers.
(d) A senior management
representative shall attend the conference. Senior company officials and
representatives of WorkSafe BC will be encouraged to attend. Additional
delegates of either labour or management will be permitted to attend on an
observer basis.
(e) The agenda shall address issues
that will promote occupational health and safety in their respective
workplaces. Agenda items shall be submitted to the respective
representative no later than November 30th prior to the
conference.
(f) The Planning Committee shall
initially meet no later than one hundred and eighty (180) days prior to the
established date of the conference and then schedule follow up meetings in
accordance as required by the planning committee.
(g) The Planning Committee shall be
comprised of the following members:
i) One (1) CEP Local Union
member
ii) One (1) PPWC Local Union
member
iii) One (1) CEP representative
from the Regional Office
iv) One (1) PPWC representative
from the National Office
v) One (1) Employer
representative from the employer group
vi) One (1) Industry
representative
vii) One (1) Conference Facilitator
(h)
The Occupational Health and Safety Conference shall be funded on the basis
of an industry contribution of three cents ($.03) per employee per hour
worked into a Jointly Trusteed Occupational Health and Safety Conference
Fund.
The funding shall provide
that when the monies in the Joint Trusteed Occupational Health and Safety
Conference Fund reach Two Hundred Thousand Dollars ($200,000.00),
the
funding will be discontinued until the fund has been reduced to Fifty
Thousand Dollars ($50,000.00).
The Jointly Trusteed Fund
will be used for the payment of wage loss for Local Union planning committee
attendees and conference expenses.
ARTICLE VI - HOURS OF
WORK
Section 1:
(a) Basic Work Week
Both parties of this Agreement are committed to maintain
the principle of a basic work week of forty (40) hours, but agree that
additional time may be worked to permit operation or protection
of the mill
when paid for as shown in Section 2 below.
(b) Compressed Work Week
The Company and Union recognize the concept of the
compressed work week. It is further understood that the compressed work week
conditions will apply only to those departments that are
on the compressed
work week as summarized in Exhibit F.
Section 2: Overtime
Overtime at the rate of time and one-half will be paid on the
following basis:
(a) Day Workers
To any day worker paid on an hourly basis:
(i) For all work performed on Sunday and on statutory
holidays as specified in Article XVII of this Agreement.
(ii) For all work in excess of eight (8) hours in any one
day or in excess of eight (8) consecutive straight time hours.
(iii) For work performed on an employee’s designated day
off as provided for in Article VI, Section 3 of this Agreement.
(iv) For work in excess of forty (40) hours average per
week. By average is meant the number of weeks mutually agreed upon in
advance as the correct schedule.
(v) Converting Department - 3 Shift Employees:
Employees working a 3-shift schedule, made up of three
7-1/2 hour shifts per day, five days a week, if requested to work a sixth
shift in any one week, will be paid overtime at the rate of time and
one-half for all hours worked on the sixth shift.
(vi) The Company agrees that employees may carry over
Sunday Letter and statutory holiday time earned when sufficient
straight-time hours are unavailable that week. The hours may be carried over
after the week in which they are earned provided a regular work schedule is
being followed.
(b) Tour Workers
To any Tour Worker paid on an hourly basis:
(i) For all work performed on Sunday (8:00 a.m. Sunday to
8:00 a.m. Monday) and on statutory holidays as specified in Article XVII of
this Agreement.
(ii) For all work in excess of eight (8) hours in any one
day or in excess of eight (8) consecutive hours, except:
(1) when such work in excess of eight (8) hours is
caused by the change of shifts
(2) overtime work by special arrangements between a
Tour Worker and his mate to exchange shifts, with the approval of his
supervisor, and when this can be accomplished without additional cost or
penalty to the Company
(iii) For work in excess of forty (40) hours average per
week. By average is meant the number of weeks mutually agreed upon, in
advance, as the correct schedule.
(iv) For work performed on an employee’s designated day
off as provided for in Article VI, Section 3 of this Agreement.
(v) The Company agrees that employees may carry over
Sunday Letter and statutory holiday time earned when sufficient
straight-time hours are unavailable that week. The hours may be carried over
after the week in which they are earned provided a regular work schedule is
being followed.
(c) Banking of Overtime
To any worker paid on an hourly basis
All workers who work in excess of eight (8) consecutive
hours shall have the option of receiving the overtime premium on the basis
of this section or of receiving straight time for hours
in excess of eight
(8) consecutive hours and taking equivalent time off in units of not less
than four (4) hours or not less than two (2) hours for medical or dental
reasons at the hourly rate
for the job when the work was performed, at a
time suitable to the employee and the Company during the contract year. Any
overtime remaining at the end of the contract year in which
it is banked may
be carried over to the next contract year for purposes of taking equivalent
time off. If equivalent time off is not taken by the end of the contract
year following the contract
year in which it is earned, the Company shall
pay the deferred one-half premium pay. Workers who choose to bank the
overtime may later re-elect to receive the deferred one-half premium pay.
(d) Computation of Overtime
(i) When a paid statutory holiday falls upon an
employee’s scheduled work day, such holiday shall be considered as time
worked for purposes of computing overtime within the calendar week in which
the holiday is recognized. Otherwise such statutory holiday shall not be
considered as time worked.
(ii) Hours worked on Sunday by Day Workers and Tour
Workers will be counted in the further calculation of the forty (40) hour
work week for the computation of overtime.
(iii) Hours worked on a statutory holiday by Day Workers
and Tour Workers to a maximum of eight (8) hours will be counted in the
further calculation of the forty (40) hour work week for the computation of
overtime if the statutory holiday worked falls on his scheduled day off.
It is understood that Sunday is intended to mean a period of
twenty-four (24) hours ending with the start of the Mill day on Monday morning.
In the payment of overtime on the basis provided above, the
one basis which results in the payment of the largest amount of overtime shall
be used except as provided for in (d) (ii) and (d) (iii) above.
No employee shall work in excess of sixteen (16) consecutive
hours or sixteen (16) hours in any one day.
(e) Overtime Work
(i) If an employee is requested to work in excess of
eight (8) hours in any one day or in excess of his scheduled work week hours
in any one week, the employee has the right to come in or not to come in and
no penalty can be imposed by the employer for the failure of the employee to
come in. It is understood, however, that the Company is entitled to look for
reasonable cooperation from its employees.
(ii) In the event that volunteers cannot be obtained, the
Company retains the right to appoint employees to do the required work.
(iii) The Company agrees to the principle of limiting
excessive overtime and agrees to take steps which will eliminate or
substantially reduce such excessive overtime.
It is understood that essentially the problem involves the
Main Shop, Electrical and Instrument Departments and that heavy overtime is
worked by many of the employees in these departments in critical periods
such as during a Yankee grind, repairing of a line shaft, replacing broken
castings, etc., where minimizing the downtime of continuous operating
equipment is involved. On such occasions, where large maintenance projects
are planned, the Company agrees to discuss the scheduling of the work load
with the members of the shops in an effort to minimize the amount of
overtime worked by any one employee during the critical period.
(iv) During normal periods; i.e., when critical
maintenance work is not being performed, the General Manager, along with the
Union President, will personally investigate each instance of overtime which
either the Company or the Union deems to be excessive with a view to
reducing or eliminating such overtime in subsequent similar cases.
Section 3: Days Off and Schedule of Shifts
(a) 24 Hours Off Duty
At some time during the seven (7) day period commencing at
7:00 a.m. Monday, and terminating at 7:00 a.m. the following Monday, every
employee will have twenty-four (24) hours (consecutive hours) off duty.
The employer agrees that in scheduling work, days off
shall, wherever practicable, be consecutive.
Relief employees, employed to provide relief of employees
who follow regular schedules, will be scheduled when required for coverage.
The Company will designate regular, periodic days off for all other
employees and will not change such designation without notice except in the
case of breakdown. The Company shall use its best efforts
(i) To schedule days off for relief employees on a
consecutive basis; and
(ii) To provide established schedules for relief
employees.
(b) Designated Days Off
The employer will designate regular periodic days off for
each regular employee and will not change such designation without notice
except in the case of breakdown.
In the event the day or days off are changed to follow the
original designated day or days off, then forty-eight (48) hours’ notice
will be given in advance of the original day or days off. In the event the
day or days off are changed to precede the original designated day or days
off, then forty (40) hours’ notice must be given in advance of the new day
or days off.
The employees may change their day or days off by mutual
arrangement with the Supervisor and the Shop Steward of the department
concerned without penalty to the employer.
Where a system of days off is now in effect, the same shall
remain in effect as long as mutually satisfactory to the Signatory Union,
and the Signatory Company.
(c) Penalty Payment for Change in Shift
When the Employer changes an employee’s shift schedule
after the start of the week without notification being given during the
first eight (8) hours of his last shift preceding the new shift, the
employee shall receive two (2) hours penalty payment at the straight time
day rate for the first shift worked resulting form the change.
If the change in shifts during the week is temporary, the
penalty payment is not payable for the second change in shifts when the
employee returns to his previously established shift schedule.
The penalty payment is not payable for change in shifts for
employees scheduled for less than one (1) week.
(d) Overtime Rates on Days Off
When sufficient notice is not given prior to the initial
day or days off, then overtime will be paid for work performed on the
original day or days off.
Section 4: Starting and Stopping Work
(a) Tour Workers
When a tour begins, each Tour Worker is required to be in
his place. At the end of a shift, no Tour Worker shall leave his place to
wash up and dress until his mate has changed his clothes and reported to
take on responsibility of the position. If a Tour Worker does not report for
his regular shift, his mate shall notify the Supervisor. He shall then
remain at his post until a substitute is secured, and if necessary, he shall
work an extra shift. (Such requirement to remain on the job if his mate does
not report in as scheduled shall only apply when the mate fails to give the
required four-hour advance notice of inability to report.)
Overtime Meals: When an employee works one extra shift,
arrangements shall be made to provide the meals by the Company.
Notice of Absence: It is the duty of a Tour Worker to
report for his regular shift, unless he has already arranged with his
Supervisor for a leave of absence. If he unavoidably is prevented from
reporting, he must give notice to his Supervisor or at the office at least
four (4) hours before his tour goes on duty.
(b) Day Workers
Day workers shall be at their respective posts ready to
begin work at the time their pay starts and shall not quit work in advance
of the time their pay stops. For example, if an employee’s pay time is from
8:00 a.m. to 12:00 noon, and from 12:30 to 4:30 p.m., he shall be at his
post ready to work at 8:00 a.m. and 12:30 p.m., and shall not quit work
until 12:00 noon and 4:30 p.m.
Section 5: Meals
(a) Beyond Normal Eight-Hour Shift
A meal shall, if requested, be furnished at usual meal time
at the expense of the employer to any employee who is required to work 11
consecutive hours, and similarly, an additional meal shall be furnished for
each 4 additional consecutive hours worked beyond 11 hours.
When an employee is entitled to an overtime meal in
accordance with the above-stated policy, he will be directed by his
supervisor or the supervisor of the department in which he is working, when
he is to go to eat. During major shutdowns it is quite possible that small
groups of men will eat at various times as close to the usual meal time as
is possible. By doing this, work can continue on the equipment or machinery
and employees still be able to eat.
In cases where the job completion is within a reasonable
period of the normal meal time, the crews may be instructed to complete the
job following which a meal will be provided.
(b) Emergency Jobs or Machine Clothing Changes
When an employee is called in on an emergency job or
machine clothing change, he shall be entitled to a meal, if requested, at
the expense of the employer, providing:
(i) The employee was called on
short notice.
(ii) The employee will work over
four hours.
(iii) The employee will work
through a normal meal period.
Subject to the above conditions, the
meal should be provided as close as possible to normal meal time. In cases
where time is of essence and the job completion is within a reasonable
period of the normal meal time, the employees may be instructed to complete
the job following which the meal will be provided.
Section 6: Call-In - Hours of Work
The Company will cooperate with any day
worker called in after twelve midnight to ensure that this work does not
preclude him working his regular eight (8) hour shift the following day. This
may be accomplished by altering the hours of work to the mutual satisfaction of
the employee and his supervisor. No penalty shall apply to the Company as a
result of such an arrangement.
ARTICLE VII - WAGES
Section 1: Wage Scale
The wage scale for the term of this
Agreement will be as per the Rates of Pay section of this Agreement.
Section 2: Shift Differential
(a) Afternoon Shift
Where tour work is scheduled 8-4, 4-12 and 12-8, the
following shift differentials will be paid in addition to the hourly rate on
all work performed:
(% of Base Rate)
8:00am to 4:00pm 2.00%
4:00pm to 12:00am 3.55%
12:00am to 8:00am 4.50%
(b) 7-1/2 Hour Day
A special differential of seven (7) cents per hour will be
applied to those employees on a 3-shift, 7-1/2 hour day, 5-days per week
schedule, while on this schedule.
Such differentials shall be paid in addition to an
employee’s regular rate of compensation but are not to be added to the wage
rates for the purpose of calculating
overtime.
Section 3: Continuous Operating Premium
(a) Tour Workers following compressed work week schedules
shall be paid the following shift differential in addition to the hourly
rate for all work performed as follows:
(% of Base Rate)
8:00am to 8:00pm 2.50%
8:00pm to 8:00am 4.25%
(b) Tour Workers not employed on a 20 or 21 shifts per week
schedule:
(% of Base Rate)
4:00pm to 12:00am 2.25%
12:00am to 8:00am 3.25%
(c) Day Workers scheduled in advance to work on other than
their normal day shift will receive shift differential in addition to the
hourly rate for all work performed as follows:
(% of Base Rate)
4:00pm to 12:00am 2.25%
12:00am to 8:00am 3.25%
Note: Day Workers normally scheduled in excess of eight (8)
hours in a day will receive the appropriate shift differential for all hours
in excess of eight (8) hours as outlined above.
(d) All Employees
The Company shall not include the shift differential in any
employee’s wage rate for the calculation of overtime.
ARTICLE VIII -
JOB EVALUATION PLAN
Both parties to this Agreement are committed to the Job
Evaluation Program as outlined in Exhibit A attached hereto.
ARTICLE IX - ALLOWANCE FOR FAILURE TO PROVIDE WORK
In case any employee reports to his regular scheduled shift
having been ordered to report for such work and then no work is provided, he
shall nevertheless receive two (2) hours pay for so reporting. In any case where
an employee has commenced his regular shift, he shall receive a minimum of four
(4) hours pay except in cases of accident, breakdown, interruption of power,
Acts of God, or to cases of Call Time as provided in Article X and Article XI.
In cases of accident, breakdown, interruption of power, or Acts of God, the
employee shall receive a minimum of two (2) hours pay.
ARTICLE X - CALL TIME
Section 1: Qualifying Conditions
An employee shall receive two (2) hours Call Time at the
straight time rate in addition to pay for time actually worked under the
following conditions:
(a) Call to work following a shift
When required to report for work after completing his
designated shift.
(b) Call to work on a designated day off
When required to report for work on a designated day off,
or a statutory holiday as specified in Article XVII, except where the
individual has received at least thirty-six (36) hours notice before the
start of such work and the period of work does not exceed two (2) hours and
he works into his next shift.
(c) Assignment of work not connected with the initial
call-in
When a Day Worker is required to report for work in
accordance with (a) or (b) above, he shall receive one (1) additional Call
Time payment if the initial call-in was to perform specific work and he is
then required to perform work other than that which necessitated the
call-in.
Section 2: Payment
(a) The employee shall receive a minimum payment of four
(4) straight time hours’ pay including payment for Call Time and time
worked, but not the payment provided in Paragraph 1 (c).
(b) Not more than one (1) basis shall be used to cover the
same period of work as provided in Paragraph 1 (c).
(c) The Call Time payment will not be added to or paid in
lieu of allowances payable under Article VI, Section 2 and Article IX.
Section 3: Spareboard Employees
Spareboard employees that are scheduled to work will be
eligible for Call Time as provided in Article X and allowance time as provided
in Article XI for those scheduled work days.
Spareboard employees who have worked forty (40) hours in one
(1) week or are scheduled in advance to work a full week, except when employees
make arrangements to change their scheduled work week, will be eligible for Call
Time as provided for in Article X, and allowance time as provided for in Article
XI.
ARTICLE XI -
FOURDRINIER WIRE
AND FELT ALLOWANCE
Section 1: Allowance to Tour Workers for Fourdrinier Wire
Changes
Tour Workers called to put on Fourdrinier Wires at a time
other than their regular tour and are dismissed before their tour is scheduled
to begin, shall be paid for the time worked plus three (3) hours, but not less
that a total of six (6) hours on any one wire.
If Tour Workers are called to put on a Fourdrinier Wire
before their shift is scheduled to begin and work through into their regular
shift, they shall be paid for the time worked plus three (3) hours. If Tour
Workers are asked to remain after their shift is scheduled to end, to put on a
Fourdrinier Wire, they shall be paid for the time worked plus three (3) hours.
The above shall also apply to Tour Workers when working on
machines other than their own.
In cases where more than one machine is involved, the above
allowance shall be paid for each machine.
Tour Workers asked to assist to put on a Fourdrinier Wire on
a machine other than their own during their regular shift shall receive three
(3) hours extra time but in no case shall more than three (3) hours extra time
be allowed.
Pay for the allowance time provided above shall be figured at
straight time even though the actual time worked is paid for at the overtime
rate.
Section 2: Allowance to Tour Workers for Putting on Felt
Tour Workers called to put on felts at a time other than
their regular tour and are dismissed before their tour is scheduled to begin,
shall be paid for the time worked plus three (3) hours but not less than a total
of four (4) hours.
Any Tour Worker called in to put on felt after he has
completed his regular shift shall be allowed three (3) hours Call Time at
straight time, plus actual time worked.
If Tour Workers are called to put on felt before their shift
is scheduled to begin and work through into their regular shift, they shall be
paid for the time worked plus three (3) hours. If Tour Workers are asked to
remain after their shift is scheduled to end, to put on felt, they shall be paid
for the time worked plus three (3) hours.
Pay for the allowance time provided above shall be figured at
straight time even though the actual time worked is paid for at the overtime
rate.
ARTICLE XII - JURY DUTY
PAY
Section 1: Wage Compensation
Any regular full time employee who is required to report for
Jury Selection, Jury Duty, Coroner’s Inquest or who is subpoenaed to serve as a
witness in a court action, save and except actions involving the Company or
Trade Unions, unless subpoenaed by the Crown, on a day when he would normally
have worked, will be reimbursed by the Company for the difference between the
pay received in such duty and his regular straight time hourly rate of pay for
his regularly scheduled hours of work necessarily lost. It is understood that
employees will be reimbursed by the Company for the difference between the pay
received for such duty and his straight time rate of pay for his regularly
scheduled hours of work in that week. The employee will be required to furnish
proof of performing such service and such duty pay received.
Section 2: Holidays and Overtime
Hours paid for such duty will be counted as hours worked for
the purpose of qualifying for vacations and for recognized paid holidays, but
will not be counted for hours worked for the purpose of computing overtime.
ARTICLE XIII -
BEREAVEMENT LEAVE
When death occurs to a member of a regular, full-time
employee’s immediate family, the employee will be granted an appropriate leave
of absence and shall be compensated at his regular straight time hourly rate for
hours lost from his regular schedule for a maximum of three (3) days.
Members of the employee’s immediate family are defined as the
employee’s spouse, mother, father, brothers, sisters, sons, daughters,
mother-in-law, father-in-law, step-parents, grandparents, grand-children,
son-in-law, daughter-in-law and step-children.
Compensable hours under the terms of this section will be
counted as hours worked for the purpose of qualifying for vacations and for
recognized paid holidays, but will not be counted as hours worked for the
purpose of computing overtime.
ARTICLE XIV - LEAVE
OF ABSENCE
Section 1: Union and Public Office Leave
The Company agrees that it is proper to grant leave to
employees who have been elected or appointed to office in the Union, or who have
been nominated, elected, or appointed to Federal, Provincial, or Municipal
office. However, it is not the intention of the Company to grant lifetime leaves
of absence.
An employee appointed or elected to full time office in his
Union, or to Federal, Provincial, or Municipal office, shall be granted as much
leave as is necessary during the term of office.
Seniority shall accumulate during the period of an employee’s
leave of absence.
Section 2: Steam Plant Leave
Steam Plant personnel shall be granted leave in accordance
with the provisions of Exhibit E (Steam Plant Vocational Leave) for the purpose
of attending vocational school.
Section 3: Maternity/Paternity Leave
Information on maternity/paternity leaves can be obtained
from the Human Resources Department.
Section 4: Injury, Disablement and Serious Illness Leave
Any employee becoming injured, disabled, or subject to a
serious illness in the course of his employment shall be granted leave of
absence without loss of seniority from his regular job, with the privilege of
working in a less strenuous capacity in any other section of the plant until he
is capable of resuming his regular job.
In such cases where a less strenuous job is not available in
this plant, leave of absence to work temporarily in other than this Company, may
be granted by mutual discussion and consent between the Management and Union
Standing Committee and the duration of such leave will also be similarly agreed
upon.
Section 5: Other Leave
Granting of leave is a matter between the employees and mill
management. The Company will consider length of service and will endeavour to
arrange leave of absence to suit the employee’s wishes. Employees with ten or
more years’ service will be given special consideration.
ARTICLE XV - VACATIONS
Section 1: Entitlement
Effective May 1, subject to the requirements of this Section,
every employee is entitled to a vacation and vacation pay as follows:
Vacation Pay, being the greater of:
percentage of the total wages earned by the employee during
the preceding vacation period, or
hours pay at the hourly rate of the employee’s regular job.
An employee who is on the payroll on May 1st, who has been continuously
employed during the qualifying period and who has:
(a) been employed for less than one year and does not
qualify under (b) below:
1/4 day for each full week of actual work performed during
the preceding vacation period provided no vacation of less than one day will
be granted.
4-1/2%
(b) been on the payroll of the Signatory Company on May 1st
and who has been employed for less than twelve (12) months prior to the said
May 1st but who was on the payroll of the Signatory Company prior to
September 1st of the previous year, or
been employed for not less than one year and who has worked
for not less than 1200 hours during the preceding vacation period
The following hours will count as hours worked for the
purpose of qualifying for vacation:
Vacations; Supplementary Vacations; Statutory Holidays;
Special (Personal) Floating Holidays; Jury or Witness Duty; Bereavement
Leave; Steam Plant, Apprenticeship and First Aid Leaves, Banked Days Off,
and Days Off in Lieu of work performed on a Statutory Holiday.
2 weeks 4-1/2% or 80 hours
(c) qualified for his 2nd vacation under this
Agreement:
3 weeks 6-1/2% or 120 hour
(d) qualified for his 7th vacation under this
Agreement:
4 weeks 8-1/2% or 160 hours
(e) qualified for his 14th vacation under this
Agreement:
5 weeks 10-1/2% or 200 hours
(f) qualified for his 23rd vacation under this
Agreement:
6 weeks 12-1/2% or 240 hours
(g) qualified for his 29th vacation under this
Agreement:
7 weeks 14-1/2% or 280 hour
Section 2: Additional Pay
In addition to the vacation pay to which an employee is
entitled above, each employee shall, on qualifying for vacation under categories
(b), (c), (d), (e), (f), or (g) above, be entitled to an additional amount of
vacation pay equivalent to ten (10) hours’ pay at the hourly rate of the
employee’s regular job in respect of the first week of his vacation.
Section 3: Payment on Termination
In the event an employee’s employment terminates either
before he becomes entitled to a vacation with pay, or being entitled to a
vacation with pay, or being entitled to it before he takes it, he shall be paid
on termination 4-1/2%, 6-1/2%, 8-1/2%, 10-1/2%, 12-1/2% or 14-1/2% (depending on
whether he belongs in the category of employees described in (a) or (b), (c),
(d), (e), (f), or (g) above respectively) of his wages earned during the period
of employment ending with his termination in respect of which no vacation or
vacation pay to which he remains entitled has been paid or taken.
Section 4: General Rules
(a) The vacation period of May 1 to April 30.
(b) Vacations with pay provided in accordance with Section
1 above for employees in category (a) may not be counted when determining
whether an employee has qualified for the vacations provided under 1, for
employees in categories (c), (d), (e), (f), or (g)
(c) Vacations with pay are not cumulative and must be taken
during the vacation year except as provided below:
(i) Vacations earned under Section 4(d) below;
(ii) (1) At the start of the vacation year, employees
may elect to receive all, part of or none of their vacation pay in
advance;
(d) A vacation with pay provided under Section 1, for
employees in category (a) may be taken during the vacation period in which
the entitlement thereto is established, or during the next following
vacation period.
(e) No employee may continue to work and draw vacation pay
in lieu of taking the vacation.
(f) The allocation of vacation times is to be decided by
the Company. However, the Company will endeavour by discussion with the
employees or the Union, to arrange vacations to suit the employees’ wishes.
(g) Time lost as a result of an accident recognized as
compensable by Workers’ Compensation Board, suffered during the course of
employment with the Company, shall be considered as time worked for the
purpose of calculating entitlement upon return to work.
(h) Time lost as the result of a non-occupational accident,
illness or approved maternity leave, shall be considered as time worked for
the purpose of qualifying for vacation entitlement upon return to work;
provided the employee has been on the payroll for not less than one (1) year
at the time of onset of disability, illness or approved maternity leave. It
is understood that the employer may require that the employee provide a
certificate from a qualified medical practitioner.
(i) Time lost as the result of lay-off shall not be
considered as time worked for the purpose of qualifying for a vacation.
(j) It is understood that an employee’s vacation shall be
exclusive of a paid holiday, as recognized by the Scott Paper Limited Labour
Agreement. Therefore, if one or more such holidays fall within the
employee’s vacation period, he/she will be required to take the comparable
number of additional days off.
Day Workers
- If a Statutory holiday occurs during the employee’s vacation time there
will be an automatic deferment of Statutory holiday pay until the employee
takes a day off.
Tour Workers
- If a Statutory holiday occurs during the employee’s vacation time the
employee will have the option of deferring payment of the Statutory holiday
until the employee takes a day off.
Section 5: Computation of Vacation Pay
Where an employee’s vacation pay for the current year is to
be computed as a percentage of his "total wages earned" in the previous year,
such "total wages earned" shall include the amount of vacation pay the employee
received in the previous year.
ARTICLE XVI -
SUPPLEMENTARY VACATION
Section 1: Eligibility
After completing five (5) or more years 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 each five (5) years as follows:
Years of Completed Weeks of Continuous Service Supplementary
Vacation
After Five (5) One (1)
After Ten (10) Two (2)
After Fifteen (15) Two (2)
After Twenty (20) Three (3)
After Twenty-five (25) Three (3)
After Thirty (30) Four (4)
After Thirty-five (35) Four (4)
After Forty (40) Five (5)
Section 2: General Provisions
(a) The Supplementary Vacation may be taken in conjunction
with the regular vacation to which the employee is entitled provided such
regular vacation is not scheduled to be taken during the months of July or
August, in which event the Supplementary Vacation shall be taken at a time
to be agreed upon by the Company and the employee.
(b) The Supplementary Vacation must be taken prior to the
employee becoming eligible for his next earned period of Supplementary
Vacation as provided for in Section 1 previously.
(c) One (1) week’s Supplementary Vacation pay shall be
equal to forty (40) hours at the straight time hourly rate of the employee’s
regular job.
(d) For the purpose of determining eligibility for
Supplementary Vacation, an employee’s service shall be calculated from the
date of his joining the Company.
(e) An employee may elect to take his Supplementary
Vacation one day at a time according to the following schedule:
after 5 years’ service - one (1) day per year
after 10 years’ service - two (2) days per year
after 15 years’ service - two (2) days per year
after 20 years’ service - three (3) days per year
after 25 years’ service - three (3) days per year
after 30 years’ service - four (4) days per year
after 35 years’ service - four (4) days per year
after 40 years’ service - five (5) days per year
(f) If the employee wishes to elect this option, he must
advise the Company, in writing, of his election in advance for that 5-year
period. However, employees may revoke this option at any time during the
five (5) year period and take any remaining Supplementary Vacation days as
weeks. Any remaining Supplementary Vacation days that cannot be taken in
multiples of five (5) will be taken in one block.
Section 3: Partial Entitlement
At retirement or termination from the Company, an employee
who has completed five (5) or more years of service 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.
ARTICLE XVII -
STATUTORY HOLIDAYS
Section 1: Recognized Days
The following shall be the recognized holidays:
New Year’s Day - 40 hrs. commencing at 4:00 p.m. December 31st.
Good Friday - 24 hrs. commencing at 8:00 a.m. Friday
Canada Day - 24 hrs. commencing at 8:00 a.m. July 1st.
Labour Day - 24 hrs. commencing at 8:00 a.m. Monday
Christmas Eve - 24 hrs. commencing at 8:00 a.m. December 24th.
Christmas Day - 24 hrs. commencing at 8:00 a.m. December 25th.
Boxing Day - 24 hrs. commencing at 8:00 a.m. December 26th.
Section 2: Adjustment in Hours
The hours of commencing and ending, specified above, may be
varied by mutual agreement of the Management and Union Standing Committee, and
the specified hour of commencing or ending will be adjusted to coincide with the
regular hours for changing shifts.
In the event that Canada Day falls on Sunday, the following
Monday will be observed and the specified hours correspondingly changed.
Section 3: Holiday Work
(a) The Company will provide the Union with not less than
30 days notice of the general scope of operating and/or maintenance plans on
statutory holidays. Unanticipated weather conditions or maintenance
requirements may alter those plans.
(b) On Christmas Eve, Christmas Day and Boxing Day,
operational and maintenance manning required will be identified on a
scheduled crew basis. Any employee who wishes to be excused from working on
a particular statutory holiday will be accommodated provided a request for
leave is requested 7 days in advance of the statutory holiday and provided
that a trained volunteer can be found to replace him for the shift. If no
trained volunteer is found, the employee will be required to work the shift.
(c) Employees who work at Christmas shall be paid
double-time for work during that period identified in Paragraph (b).
(d) When notice is not provided to work on a statutory
holiday, no work shall be done except as follows:
(i) Any work necessary in the protection of life and
property.
(ii) Any major maintenance or repair work, not including
machine clothing and wires, which is necessary in order to prevent material
subsequent curtailment of employment of a substantial number of employees
may be done on holidays, provided that no machine or equipment is involved
in production purposes during the holiday shutdown period.
(iii) Any preparatory work which would result in the
resumption of production as early as possible following the end of the
holiday; it being understood that:
(1) Early start-up will be limited to the holiday, not
exceeding twenty (20) hours per contract for all holidays.
(2) Start-up crews will be limited to the minimum
number and will be filled on a volunteer basis, or scheduled as
necessary.
(3) The four (4) hour limitation does not apply to
employees whose regular duties require them to work on recognized
holidays.
(4) Emergency unloading of ships except during the
24-hour period commencing 8:00 a.m. Christmas Day and ending 8:00 a.m.
Boxing Day.
Section 4: Pay for Holiday Work
(a) Overtime shall be paid for all work performed during
holidays at the rates hereinafter specified.
(b) An employee who works on such a holiday shall receive
equal time off with pay at his straight time hourly rate. Such time off
shall be treated in the same manner as a Special (Personal) Floating
Holiday.
Section 5: Qualifying Conditions
In addition to any other compensation earned, any employee
who is on the payroll of the Company on any of the foregoing recognized
statutory holidays, will be granted eight (8) hours pay at the straight time
rate of the employee’s regular job, subject to compliance with all of the
conditions (a) to (j) set forth below:
(a) The employee must have been on the payroll for not less
than the sixty (60) days just preceding the holiday and must have previously
qualified for a statutory holiday as provided in (d) below, and
(b) The employee must have worked at least one (1) day
during the sixty (60) day qualifying period just preceding the holiday, and
(c) The employee must have worked his scheduled work day
before, and his scheduled work day after such holiday, unless failure to
work his scheduled work day before or after the holiday was due to any of
the following events:
(i) When the employee is on his regular authorized paid
vacation;
(ii) When the employee is unable to work by reason of an
industrial accident as recognized by the Workers’ Compensation Board or
non-occupational sickness or injury;
(iii) When the operation in which the employee is engaged
is curtailed or discontinued by the decision of the company and which
curtailment or discontinuance changes or eliminates the employee’s scheduled
work day before, or his scheduled work day after such holiday;
(iv) When a trade in shifts agreed upon between employees
and approved in advance by the Company results in a temporary change of the
scheduled work day before, or the scheduled work day after the holiday,
provided the employee works the shift agreed upon;
(v) When the employee is on leave of absence authorized
by the Company.
(d) The employee who has been on the payroll for at least
sixty (60) days but who has not previously qualified for a statutory holiday
will qualify for the holiday if he has worked a minimum of one hundred and
eighty (180) hours during the sixty (60) day qualifying period just
preceding the holiday and meets the requirements of (b) and (c) above.
(e) Time lost as the result of an accident as recognized by
the Workers’ Compensation Board suffered during the course of employment, or
time lost as a result of a non-occupational sickness or injury shall be
considered as time worked for the purpose of qualifying for a recognized
paid holiday, it being understood that the employee will only be entitled to
this credit for time while on Workers’ Compensation or non-occupational
sickness or injury for a period of up to but not exceeding one (1) year from
the date of his sickness or injury.
(f) It is understood and agreed, however, that an employee
shall not receive the above provided holiday pay if he has agreed to work on
such holiday and fails or refuses to work, except in the case where bona
fide sickness, or other bona fide reason approved by the Company, prevents
his working on such holiday.
(g) An employee required to work on a statutory holiday, in
accordance with Article XVII, Section 1 will be granted a day off from his
schedule without pay, if he so requests. The date of such a day off will be
determined by mutual agreement between the employee and his supervisor but
must be within ninety (90) days following the holiday.
(h) When a statutory holiday falls on an employee’s regular
day off he may elect to defer the statutory holiday pay for a period of one
(1) year from the statutory holiday.
The deferred statutory holiday hours and holiday pay may be
used in combination with floating holidays, banked time, statutory holidays,
and vacation.
The statutory holiday pay will be paid out on a first in,
first out basis. If the deferred time off is not taken by the end of the
year in which it was earned, the Company shall pay out the deferred
statutory holiday pay.
Employees electing this option must advise the Human
Resources Department seven (7) days prior to the statutory holiday.
(i) In recognition of time off not gained by holiday
shutdowns because of work schedule, all employees whose regular work week is
Tuesday through Saturday shall be granted, at the employee’s request, two
(2) additional days holiday per year. The scheduling of such days to be
decided by agreement between the employee and his supervisor.
(j) At the request of the employee, the Company will make
every reasonable effort to grant an employee an additional day off if a
statutory holiday falls on his regular scheduled day off.
ARTICLE XVIII -
SPECIAL (PERSONAL)
FLOATING HOLIDAYS
Section 1: Floating Holidays
There shall be granted annually five (5) Special Personal
Floating Holidays with pay to regular full-time employees, such special holidays
to be arranged at a time suitable to the employee and the Company, during the
contract year, so that there will be no loss of production.
There shall be granted Five (5) Twelve-Hour Special Personal
Floating Holidays to those employees who are defined as Tour Workers.
Section 2: Qualifying Conditions
For each Special (Personal) Floating Holiday taken, an
employee will be granted eight (8) hours’ pay or twelve (12) hours pay for Tour
Workers on the straight time rate of the employee’s regular job subject to the
following:
(a) A new employee must have been on the payroll for not
less than ninety (90) days to qualify for his first Special (Personal)
Floating Holiday and on the payroll for one hundred and eighty (180) days to
qualify for his second Special (Personal) Floating Holiday.
(b) Employees will not qualify for Special (Personal)
Floating Holidays if on leave of absence of more than nine (9) months in the
contract year, except in the case of sickness or injury.
(c) If an employee is required to work on any of these
Special (Personal) Floating Holidays after a definite date has been
designated for such holidays, the employee shall be paid overtime for such
work at the rate of time and one-half. The employee will then be entitled to
take the said holiday or holidays with pay at a later date to be mutually
agreed upon.
(d) When the holiday is requested in writing seven (7) days
in advance, the payment of overtime shall not be a factor in the granting of
his Special (Personal) Floating Holidays. The employee shall receive written
notice of the disposition of his request a minimum of seventy-two (72) hours
prior to the requested Special (Personal) Floating Holiday.
ARTICLE XIX -
SENIORITY
Section 1:
Principle
In promotions or lay-offs, and in re-employment of seasonal
employees, competency and other things being sufficient, the principles of
seniority will govern. In any case of promotion, lay-off, or re-employment, the
Standing Committee of the Signatory Union shall be consulted by the Management
and be privileged to present recommendations which will be considered by the
Management prior to decision by Management.
In cases where time does not permit such prior consultation,
the Management shall take temporary action only, until the recommendations of
the Union Standing Committee can be considered. Management shall give the Union
Standing Committee written notice in each instance in which it, without
agreement of Standing Committee, decides to and does promote, lay off or
re-employ out of the established line of seniority on the grounds that a junior
employee is better qualified than a senior employee. The Local Union may pursue
a complaint as to Management’s evaluation of comparative qualifications provided
that within ten (10) days after receipt of such written notice of Management’s
decision, the Local Union gives written notice to Management that it desires
consideration of the complaint by the local Mill Manager and the Local Union. If
a satisfactory settlement is not reached at that level, the Union may carry the
issue through all further steps in the manner and under the provisions of the
Agreement covering adjustment of complaints.
Section 2: Welfare Coverage
(a) At his request, an employee with one (1) or more years’
seniority may have his welfare coverage continued for six (6) months while
on lay-off.
(b) At his request, an employee with more than four (4)
months but less than one (1) year’s seniority may have his welfare coverage
continued for three (3) months while on lay-off.
(c) An employee who elects to maintain coverage while laid
off will be required to pay the employer portion of the premium in advance
on a monthly basis.
(d) An employee who has welfare coverage as provided for in
paragraphs (a) and (b) above, will on return to work have his welfare
coverage extended by one (1) month for each month in which he works.
Section 3: Retention of Seniority
Laid off employees shall retain seniority on the following
basis:
(a) Employees with less than one (1) year’s continuous
service shall retain their seniority for a period of six (6) months from the
date of lay-off.
(b)
An employee with one (1) or more years of continuous service shall retain
these rights for eighteen (18) months from the date of lay-off, plus two (2)
additional months for each year of service up to an additional twenty-four
(24) months.
Section 4: Failure to Report
Failure of the employee to report for work within one week of
notice by registered mail at his last address reported to and received by the
mill shall result in his termination of employment with the Company. Bona fide
reasons for failure to report shall not deprive an employee of his recall
rights.
Section 5: Probationary Employee
Until an employee
has been on the payroll of the Company for forty (40) calendar days, or until
he/ she has accumulated thirty (30) working days in a ninety (90) calendar day
period, he/she shall be considered a probationary employee and shall have no
rights under Article XIX with respect to seniority.
ARTICLE XX - JOB
ELIMINATION
Section 1: Definition
Job elimination means permanent loss of employment as the
result of company decisions to eliminate positions, excluding those in Section 2
below.
Section 2: Exclusions
No payment will be made under Section 5 in cases:
(a) of curtailments of a temporary or indefinite duration.
(b) of employees hired for work of known or temporary
duration.
(c) where the employee has already qualified under
technological change or permanent mill closure provisions.
Section 3: Notice
The company will advise the Standing Committee at least
forty-five (45) days prior to such job elimination. Crew reduction will be in
accordance with Article XIX - Seniority.
Section 4: Elimination Options
An employee who qualifies under paragraph 1 above may elect
one of the following options:
(a) Recall and seniority retention as per Article XIX
Seniority, or
(b) Severance allowance as per Section 5 below.
Such employee must elect his option within thirty (30) days
of notification that his loss of employment is permanent. If Option (b) is
selected, the employee will be deemed to have terminated effective the last day
worked. Where a temporary curtailment becomes permanent, severance eligibility
will be determined by the status of the employee at the time of the temporary
curtailment.
Section 5: Severance Allowance
Severance allowance will be calculated by one of the two
following methods, it being the choice of the affected employee as to which of
such methods of calculation is used.
|
Years of
Employment |
Severance Allowance |
|
Weeks
per year of service |
% of
earnings |
|
1st
Twenty (20) Years |
2 |
4% |
|
Subsequent
Years |
1 |
2% |
|
Maximum
Severance Allowance |
52 Weeks * |
2080 Hrs |
* Computed on the basis of forty (40) straight time hours
at the employee’s regular rate.
For employees with a minimum of one (1) year’s employment
during their last period of continuous service, severance allowance shall not be
less than four (4) weeks’ pay.
Employees will have their welfare
coverage continued for the current month plus two (2) additional months from
their date of termination.
The severance allowance will not be more than the employee
would normally receive if he remained at work at forty (40) hours per week to
his normal retirement date.
At the time of separation, the employee shall have the option
of receiving his severance allowance on termination, or he may elect to have his
severance allowance held in abeyance for up to one year from the date of
termination. He may apply in writing at any time during the year, at which time
his full severance allowance will be paid forthwith.
ARTICLE XXI - JOB
SECURITY
Section 1: Objective
The Company and Union recognize that technological change,
while necessary to the industry, may have an impact on employees. It is the
purpose of the following provisions to assist employees in adjusting to the
effects of such change.
Section 2: Definition
Technological change, which term shall include automation,
mechanization, and process change, means the introduction of equipment or
material of a different nature or kind than that previously utilized, or a
change in the operation that is directly related to the introduction of that
equipment or material.
Section 3: Joint Committee
A joint committee on automation will be established, which
will consist of three (3) persons representing Management and three (3) persons
representing the Union. It shall be the function of the Committee to study the
effect of technological changes on employment in the mill, and to make such
recommendations as are agreed upon, to the Mill Manager, to ensure that the
interests of the Company and of the employees is fairly and effectively
protected.
Section 4: Required Notice
The Company will advise the appropriate committee or
committees as soon as possible, and in any case, not less than one hundred and
eighty (180) days before the introduction thereof, of mechanization,
technological changes and/or automation which the Company has decided to
introduce and which will result in terminations or other significant changes in
the employment status of employees.
The Company will advise the appropriate committee or
committees as soon as possible and in any case not less than thirty (30) days
before the expected date of the change of the anticipated time sequence of final
installation and production start-up, and the anticipated effect on the job
status of individual employees.
Section 5: Seniority Status
(a) In the event that it is necessary, crews will be
reduced in accordance with the seniority section of this Agreement.
(b) An employee who is set back to a lower paid job because
of mechanization, technological change or automation will receive the rate
of his regular job at the time of the set-back for a period of six (6)
months, and for a further period of six (6) months, he will be paid an
adjusted rate which will be midway between the rate of his regular job at
the time of the set-back and the rate of his new regular job. At the end of
this twelve (12) month period, the rate of his new regular job will apply.
However, such employee will have the option of terminating his employment
and accepting severance pay as outlined in Section 6 (a) below, provided he
exercises this option within the initial six (6) month period referred to
above.
(c) An employee assigned to an equal or higher rated job
because of mechanization, technological change or automation, will have the
option of terminating his employment and accepting severance pay as outlined
in Section 6 (a) below if that job should prove to be unsuitable, provided
he exercises his option within six (6) months of starting on the job.
In case of a dispute concerning suitability of the job, the
employee may process a grievance.
Section 6: Severance Allowance
(a) An employee with one (1) or more years of continuous
service for whom no job is available because of mechanization, technological
change or automation will, upon termination, receive a severance allowance
calculated by one of the two following methods based on his last period of
continuous service, it being the choice of the effected employee as to which
of such methods of calculation is used.
|
Years
of Employment |
Severance Allowance |
|
Weeks per year of service |
%
of earnings |
|
1st
Twenty (20) Years |
2 |
4% |
|
Subsequent Years |
1 |
2% |
|
Maximum Severance Allowance |
52
Weeks * |
2080
Hrs |
* Computed on the basis of
forty (40) straight time hours at the employee’s regular rate.
For employees with a minimum of one (1) year’s employment
during their last period of continuous service, severance allowance shall
not be less than four (4) weeks’ pay.
Employees will have
their welfare coverage continued for the current month plus two (2)
additional months from their date of termination.
No payment will be made under this Section in cases where
the employee has already qualified under Article XX - Job Elimination or
under Article XXII, Section 2 - Permanent Mill Closure.
(b) Such employees from whom no employment is available
will be given at least thirty (30) days notice separation.
At the time of separation, the employee shall have the
option of receiving his severance allowance on termination, or he may elect
to have his severance allowance held in abeyance for up to one year from the
date of termination. He may apply in writing at any time during the year, at
which time his full severance allowance will be paid forthwith.
Where the employee
renounces the right of recall during this period, the employee will be
terminated and his severance allowance paid forthwith with all seniority and
recall rights being forfeited. Employees will have their welfare coverage
continued for the current month plus two (2) additional months from their
date of termination.
Section 7: Training
The Company agrees to participate in a program of training or
retraining for another job within the operation, those employees who are
displaced under the circumstances set forth in this section.
Section 8: Voluntary Lay-off
If an employee wishes, he may elect to take a temporary
lay-off (s) provided a trained replacement is available, in order to keep a
junior employee working.
The time frame of the lay-off to be determined by the
Department Head and Union Department Representative.
Management maintains the right to recall the employee at any
time who elected this option. The employee must be available for recall unless a
bona fide reason is provided.
ARTICLE XXII -
PERMANENT MILL CLOSURE
Section 1: Notice
An employee terminated as a result of permanent planned
closure of the mill shall be given a minimum of sixty (60) days notice of the
closure.
Section 2: Severance Allowance
Such employees shall be entitled to
a severance allowance of two (2) weeks per year of service to a maximum of sixty
(60) weeks based on the employee’s years of employment during the employee’s
last period of continuous service computed on the basis of forty (40) straight
time hours per week at the employee’s regular rate.
Two (2) weeks pay per year of service to a maximum of
fifty-two (52) weeks.
For employees with a minimum of one (1) year’s employment
during their last period of continuous service, the severance allowance shall
not be less than four (4) weeks pay.
Employees will have
their welfare coverage continued for the current month plus two (2) additional
months from their date of termination.
ARTICLE XXIII -
CONTRACTING
(a) The Company will notify the Union of their intention to
have work performed by contractors in the mill and will, emergencies
excepted, afford the Union the opportunity to review it with the Company
prior to a final decision being made. For this purpose, a Joint Contracting
Committee will be established and it will be used as a forum to discuss the
Company’s contracting decisions.
The Company and the Union will provide as much maintenance
and repair work as possible to the regular maintenance work force, the
Committee will also meet quarterly to make recommendations regarding the
utilization of the mill maintenance work force to minimize the use of
contractors, both inside and out of the mill.
(b) The Company will not bring a contractor into the mill:
(i) which directly results in the lay-off of employees,
or
(ii) to do the job of employees on lay-off, or
(iii) to do the job of a displaced employee working
outside his job category.
(c) It is not the intent of the Company to replace its
regular work force through the use of contract firms.
For greater clarity it is agreed that:
(a) The changes which provide that it is not the intent of
the Company to replace its regular work force through the use of contract
firms will not set aside existing external work arrangements and practices.
(b) Working under the flexible work practice provisions
does not mean that an employee has been displaced and is working outside his
job category.
ARTICLE XXIV -
DISCIPLINARY ACTION
The Company has the right to discipline or discharge
employees for just and reasonable cause.
The disciplinary record of an employee, including letters of
reprimand or warnings, shall not be used against him/her at any time after
twelve (12) months.
In cases involving suspension, the disciplinary notice will
remain on the employee’s file for twenty-four (24) months and not used after
that period provided no other discipline has occurred during that time.
The presence of a Shop Steward is mandatory at any meeting
during which the employee is disciplined.
ARTICLE XXV -
ADJUSTMENT OF COMPLAINTS
Section 1: Grievance Procedure
Step One
Should there be any dispute or complaint as to the
interpretation of any of the clauses of this Agreement, or any grievance arising
out of the operation of this Agreement, except in cases of discharge or
suspension, the employee shall continue to work as per the conditions existing
prior to the time the dispute, complaint or grievance arose, and such dispute,
complaint or grievance shall first be taken up with the Supervisor by the
employee with or without the Shop Steward.
Step Two
If no satisfactory settlement is made, the employee may,
within thirty (30) days, refer the question to the Union Standing Committee.
Within three (3) days after written notification by either the Union or Company
Standing Committee to the other of the existence and general outline of any
dispute, complaint, or grievance, the Company Standing Committee and the Union
Standing Committee shall agree on a mutually satisfactory date for a meeting
thereof, but in no case longer than five (5) days after such notice shall
nevertheless be dealt with.
Step Three
If the two Standing Committees are unable to arrive at a
satisfactory settlement within five (5) days, the question may, within thirty
(30) days be taken up directly with the Mill Manager.
Step Four
If the Mill Manager and Union are unable to come to a
satisfactory settlement within five (5) days, the question may, within thirty
(30) days, upon the written request of either the Mill Manager or the Union
(a copy of which request shall be delivered to the other
party), be referred to the Regional Vice-President of the National Union or his
representative, and an official of the Company, neither of whom has previously
judged the case in accordance with this section.
Step Five
If the Regional Vice-President of the National Union or his
representative and the said Company official are unable to agree upon a
satisfactory settlement the matter may, within thirty (30) days be referred to
an Arbitrator.
Section 2: National Officer
It is understood that in all discussions concerning
grievances, any National Officer may accompany the Union Standing Committee in
their meetings and the National Officer may call upon members of the Union
Standing Committee or any other employee to accompany them in their meetings
with Company Officials.
Section 3: Time Limit
(a) In the event a grievance has not advanced to the next
step within the time limit set forth in Section 1, then the grievance shall
be deemed to be abandoned and all rights of recourse to the Adjustment of
Complaints under this Agreement in respect of this grievance shall be at an
end.
(b) The time limit between steps may be extended by mutual
consent.
Section 4: Arbitration Procedure
(a) The Company and the Union will endeavour to agree upon
the selection of the Arbitrator. In the event the Company and the Union are
unable to agree upon the selection of the Arbitrator, they will apply,
within the thirty (30) day period, to have the Arbitrator appointed under
the provisions of the Labour Code of B.C.
(b) After the Arbitrator has been chosen, he shall meet and
hear evidence of both sides and render a decision within fifteen (15) days
after he has concluded his hearings, said decision to be final and binding
upon all parties to this Agreement.
(c) The parties shall bear in equal portions the fees and
expenses of the Arbitrator and rental of any premises used for the hearing.
(d) The Arbitrator shall be restricted to interpreting and
applying the provisions of this Agreement and shall have no authority to
alter, modify, subtract from or supplement them in any way.
(e) In the case of discharge or suspension which the
Arbitrator has determined to have been unjust, the Arbitrator shall order
the reinstatement of the employee and shall award him back pay. In the case
of back pay, should there be any doubt in the opinion of the Arbitrator, the
Arbitrator may order all or part back pay as he deems fit.
(f) In all matters of procedure not covered by the
provisions herein, including alternate procedure for the selection of the
Arbitrator, the provisions of the Labour Code of B.C. (Statutes B.C. 1973,
Chapter 122 and Amendments thereto) shall apply.
ARTICLE XXVI:
FLEXIBLE WORK PRACTICES
Flexible work practices will be implemented consistent with
the following Letter of Understanding.
Letter of Understanding - Flexible Work Practices
(a) The introduction of flexible work practices is designed
to improve productivity, improve product quality, reduce down time and lower
costs while ensuring that the work is completed in a
safe manner .
The efficiencies that
result from flexible work practices are also intended to assist in
fulfilling the intention of Article 23 of the Collective Agreement.
(b) The parties agree that this letter on flexible work
practices recognizes that the primary responsibility for the operation of
the mill will remain with operators and the primary responsibility for
maintaining the mill will remain with trades persons and steam plant
maintenance employees.
(c) It is understood that the intent of this letter will
supersede local practices, and verbal and written agreements which would
impair the implementation of flexible work practices.
(d) All work will be performed in a manner consistent with
safety articles of the Collective Agreement as well as the company’s safety
rules and the regulations issued by the Workers’ Compensation Board of B.C .
It is recognized that some tasks can only be performed by employees who
possess certain government certifications and in that instance, the work
will only be performed by employees who possess the required government
certificate.
(e) The intent of this Agreement is to provide that all
employees will safely utilize all of their existing skills and maximize
their productivity and learn and use new skills to enhance their
effectiveness.
(f) The Company and the unions will meet to discuss a
module based training program that will enhance the existing skills of
employees . They will also discuss the option of
using trainers from the bargaining unit to assist in the design and delivery
of the training modules.
The Company will design and introduce new training programs to facilitate
the implementation of and evolution of flexible work practices.
(g) All employees will be required to complete training
programs as prescribed by the Company and utilize new skills acquired as a
result of training .
Training will be consistent for all employees in each job classification.
(h) The parties recognize that the acquisition of new
skills that facilitate the implementation of flexible work practices is an
ongoing process and will continue over time to support the changing needs of
the business.
(i) Flexible work practice payments are rolled into wage rates. The parties
agree that there will be no pyramiding of credits under the job evaluation
plan for duties that are being compensated for under the Flexible Work
Practices Agreement, unless the changes constitute new regular job duties
added to their classification as defined by the job evaluation plan. These
new regular job duties must result from either new or changed procedures /
equipment or from the permanent reassignment of duties from another job
classification.
(j) Training programs implemented under point (6) are not
intended to force qualification in another trade.
(k) The Company agrees that no employee will lose their
employment with the Company as a direct result of the implementation of
flexibility initiatives under this letter .
This provision applies to only those employees employed at the date of
ratification of this Agreement.
(l) No trades person or apprentice will be involuntarily
displaced from their respective trade on a permanent basis as a result of
the implementation of flexible work practices.
(m) It is not intended that flexible work practices shall
result in a trades person being assigned to a non trades classification when
someone outside of his trade is performing his trade core duties.
(n) The Company agrees that no employee’s regular job rate
will be reduced when he is assigned to perform work under this work place
flexibility agreement .
This does not apply to an employee who is laid off or whose job is
temporarily curtailed and is recalled or works in a different job category
on the basis of mill seniority.
(o) The Company commits to maintain Apprenticeship
Agreements.
(p) For the term of the renewed Collective Agreement, the
Company and Union Standing Committees will meet quarterly to discuss issues
related to productivity, morale, profitability, work opportunities, market
conditions, any alleged discrimination, the ongoing effectiveness of
flexible work practices and any other problems related to flexible work
practices.
(q) The parties agree that disputes relating to the
implementation of this letter shall be reviewed by the Joint Committee,
which will make every effort to resolve these disputes in accordance with
the spirit and terms of this letter.
ARTICLE
XXVII - HEALTH AND WELFARE PLAN
Section 1: The Plan
A Health and Welfare Plan shall be available to the employees
through the Company as summarized in Exhibit C and forms part of this Agreement
(page 76).
Section 2: Joint Welfare Committee
A joint Welfare Committee consisting of a maximum of three
(3) members appointed by the Local Union and a maximum of three (3) members
appointed by the Company will review the operations of the Welfare Plan. The
Committee will formulate and review uniform statistical reports designed to
maintain compliance with Exhibit C. The Company agrees to furnish to the
Committee such statistical reports as the Committee may require.
ARTICLE XXVIII -
PENSION PLAN
The employer agrees to submit a letter to the Pension Plan
Trustees recommending that banked overtime earned, when taken off the following
calendar year, will be treated in a like manner to banked overtime hours taken
off earned before the employee reached the 2080 hour cutoff.
Section 1: The Plan
The Company is a member of the B.C. Pulp and Paper Industry
Pension Plan and agrees to abide by the terms, conditions, and rules of the Plan
as administered by its Trustees.
Section 2: Contributions
The Company contribution level will remain at 10% for the
term of the agreement. Employee contributions will be in accordance with the
schedule below:
Effective January 1, 2003 3.0%
Effective January 1, 2004 4.5%
Effective January 1, 2005 6.0%
Effective January 1, 2006 7.0%
Effective January 1, 2007 8.0%
Section 3: Governance
The Company agrees to the revised governance of the plan as
proposed below.
3 Trustees appointed by the member employers
3 Trustees elected or appointed by the C.E.P.
3 Trustees elected or appointed by the PPWC
The Union agrees to provide the Company with audited
financial statements and actuarial valuations as per the plan.
Section 4: Details of Industry Plan
The complete text of the B.C. Pulp and Paper Industry Pension
Plan is available, upon request, at the Human Resources Office and may be
examined by a member at any time. In the event of any conflict between the terms
of the Industry Pension Plan and Article XXVII, the terms of the Industry
Pension Plan will govern.
Section 5: Bridge Benefit
a) Bridge Benefit
The parties agree to refer the
matter of integrating the bridge provisions into the Pulp and Paper Industry
Pension Plan to the Board of Trustees for their review and consideration.
On the above issue, it is agreed
that prior to the implementation of any change to the Pulp & Paper Industry
Pension Plan or proceeding with the review, there must be unanimous approval of
the nine (9) trustees.
b) Amended: Pension Bridging Benefit
The Company shall provide
employees with a pension bridge annuity of twenty dollars ($20.00) per month per
year of service at age sixty (60) or older who retire prior to attaining age
sixty-five (65). The pension bridge benefit will not be payable beyond age
sixty-five (65). The calculation of the pension bridge benefit shall be
credited on the same basis as under the terms and conditions of the Pulp & Paper
Industry Pension Plan.
An employee who chooses to retire
at age fifty-five (55) or later shall have access to the bridging benefit paid
by the Company when they reach age sixty (60).
ARTICLE XXIX - APPRENTICESHIP TRAINING PROGRAM
Section 1: Training Program
It is agreed that there shall be an Apprenticeship Training
Program, the provisions of which are set forth in Exhibit B, which is attached
hereto and forms part of this Agreement.
Section 2: Apprenticeship Act
It is understood, however, that the grievance procedure as
set forth in Article XXV - Adjustment of Complaints shall not be applicable to
those matters covered by the Apprenticeship and Tradesmen’s Qualification Act,
which, by said Act, are deemed to be outside the jurisdiction of the
Union.
ARTICLE XXX
- GENERAL RULES FOR GUIDANCE
Attached hereto is Exhibit D concerning the General Rules for
Guidance. This is hereby incorporated into the Collective Agreement.
IN WITNESS WHEREOF, We the undersigned, have as the
accredited representatives of the respective parties of this Agreement, hereunto
set our signatures this 23rd day of June, 2003.
SCOTT PAPER LIMITED
WESTERN MANUFACTURING DIVISION
R. W. Howcroft
P. Seguin
J. R. Fulton
J. K. Nybo
COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA
LOCAL 456
R. Billow
M. Booth
C. May
D. Bowman
V. St-Arnaud
I. Harris
S. Hall
L. Young
D. Greenlees
D. Ballantyne
EXHIBIT A
JOB EVALUATION PLAN
Section 1: The Job Evaluation Plan
The Job Evaluation Plan is a plan developed for the purpose
of uniformly evaluating and appraising jobs according to the skill, working
conditions and responsibility factors required by and contained in each job,
thereby resulting in the establishment of a uniform method of wage rate
determination based upon job conditions which will provide job rates
equitable and proper in their relationship with each other and with the base
rate.
Section 2: The Scope and Limitations of the Plan
(a) The Job Evaluation Program shall not be applied to the
mechanical trade jobs and boiler house jobs.
(b) Except as provided in Section 2(a) above, all jobs
covered by the Labour Agreement between Scott Paper Limited, Western
Manufacturing Division, and Local 456 of the Communications, Energy and
Paperworkers Union of Canada which are dispute jobs, new jobs, or jobs which
have materially changed shall be considered eligible for evaluation when
presented in the manner prescribed herein to the Job Evaluation Board
hereinafter provided for.
Section 3: Administration and Procedure
(a) Job Evaluation Directors
The Job Evaluation Directors shall be composed of one (1)
representative of the Communications, Energy and Paperworkers Union of
Canada, and one (1) representative of Scott Paper Limited, Western
Manufacturing Division.
It shall be the duty of the Job Evaluation Directors:
(i) To direct and supervise the functioning of the Job
Evaluation Program in accordance with the policies and procedures adopted by
the Communications, Energy and Paperworkers Union of Canada, Local 456, and
Scott Paper Limited, Western Manufacturing Division, through wage
negotiations.
(ii) To receive reports from the Plant Evaluation
Committee and to recommend improvements where necessary in the procedure of
the Committee.
(iii) To review the general operation of the Job
Evaluation Board as to methods, factors, procedures, delays and to order
such reviews or surveys of job fields as necessary.
It shall also be the duty of the Job Evaluation Directors
to adjudicate any disagreements which might arise in the functioning of the
program.
(iv) To direct the Job Evaluation Board as to changes in
methods which do not constitute basic changes. The Directors shall neither
negotiate rates nor exercise any of the collective bargaining functions of
Union or the Company.
(v) To recommend improvements in the Job Evaluation
Program to the Wage Negotiating Committee is vested the power to amend, add
to, or subtract from, the Plan.
(b) Job Evaluation Board
(i) The Job Evaluation Board shall consist of one (1)
representative of the Communications, Energy and Paperworkers Union of
Canada and one (1) representative of Scott Paper Limited - Western
Manufacturing Division.
(ii) It shall be the duty of the Job Evaluation Board to
evaluate and set the rate of any job presented for evaluation in accordance
with this Program. It shall also be the duty of the Board to develop,
revise, and maintain in an up-to-date manner the uniform Labour Agreement
tables and charts necessary to the functioning of the Job Evaluation Plan as
directed by the Directors. All decisions of the Job Evaluation Board must be
agreed to by both members of the Board before becoming
official.
(c) Plant Evaluation Committee
(i) The Local Mill Manager and the Local Union shall
create a Plant Evaluation Committee which shall consist of not less than two
(2) nor more than three (3) members representing the Company.
(ii) It shall be the duty of the Plant Evaluation
Committee:
(1) To act upon all requests for job evaluation within
the scope and limitation of the Program, as stipulated in (2) above
which may arise in the mill and to make application to the Job
Evaluation Board on forms provided when and if, in their opinion, such
evaluation would result in a rate change. Any decision to submit a job
to the Job Evaluation Board for evaluation must be unanimously agreed
upon by all members of the Plant Evaluation Committee.
(2) To make investigations of jobs submitted for
evaluation and to assist in pointing out factual and pertinent
information relative to the job to the Job Evaluation Board at the time
of evaluation.
(3) To make a written monthly report to the Job
Evaluation Director which will include, (1) the number of jobs the Plant
Evaluation Committee has submitted to the Job Evaluation Board for
evaluation, and (2) a list of the jobs on which the Union and Management
members of the Committee have been unable to agree as to whether an
evaluation should be made, with a statement of the facts on which the
disagreement was based.
(iii) Either the Union or Management members of the Plant
Evaluation Committee may request a review by the Job Evaluation Directors of
any case of evaluation where, in their opinion, proper application of the
job evaluation standards has not been accomplished.
Section 4: General Policies
(a) The evaluated job rate arrived at through official
evaluation by the Job Evaluation Board will be final and binding upon both
parties unless review has been requested as provided in Section 3(c) to
(ii)(3). In case of such review, the decision of the Job Evaluation
Directors shall be final and binding upon both parties. Where a number of
appeals indicate a problem within a job field, then the Directors, providing
they are unable to reach a solution, shall refer such problem to the Wage
Negotiation Committee for final determination.
(b) In cases where an official evaluation indicates an
upward adjustment in the rate for a job, the adjustment will be retroactive
to the date agreed upon by the Plant Evaluation Committee, which is entered
on, and a part of, the application for evaluation provided for in Section
3(c) to (ii)(1) setting forth the duties of the Plant Evaluation Committee.
(c) In any case where a new job has been created, the Plant
Evaluation Committee will make application to the Joint Evaluation Board for
a temporary rate for the new job. The temporary rate assigned will remain in
effect until the official evaluation is made. It will be the duty of the
Plant Evaluation Committee to agree on a date on which the job became
sufficiently stabilized to have permitted evaluation, and any increase
resulting from the evaluated rate will be paid retroactively to the agreed
upon stabilization date of the job.
(d) The Job Evaluation Board will complete the evaluation
of all jobs. Members of the Plant Evaluation Committee shall be invited to
be present during the evaluation of the jobs; or, at the option of the Plant
Evaluation Committee, the Job Evaluation Board will explain in detail the
evaluation computations to the Plant Evaluation Committee before leaving the
mill. In those cases where it is not possible to complete at the mill, the
Job Evaluation Board will return to the mill and explain the evaluation
computations before making the results official.
(e) Upon request, the Job Evaluation Board shall furnish to
the Plant Evaluation Committee a copy of the job description and evaluation
computation forms pertaining to any specific job that has been evaluated.
The copies of the form furnished are to be retained in the files at a
suitable place, and will be open to members of the Plant Evaluation
Committee for study or review.
(f) Members of the Plant Evaluation Committee or other
employees in the mill who are relieved from their jobs during working hours
to assist in carrying out the function of the Job Evaluation Program will be
paid by the Company at their regular job rates for the time during their
regular shifts, thereby preventing any loss in regular income. Time put in
on evaluation work outside the employee’s regular shift will not be paid for
by the Company.
(g) Any member of the Plant Evaluation Committee whose
shift conflicts with a Plant Evaluation Board scheduled meeting, will be
relieved and compensated per examples.
Example 1: a member of the Plant Evaluation Committee who
is working graveyard shift the night immediately preceding the date of the
meeting will be relieved and compensated for that shift and if the meeting
exceeds four (4) hours in length, he will be relieved and compensated for
the next graveyard shift.
Example 2: A member of the Plant Evaluation Committee who
is working afternoon shift and who attends a scheduled meeting of the Plant
Evaluation Committee during the day will be relieved and compensated for his
afternoon shift immediately following the meeting providing such meeting
exceeds four (4) hours in duration.
Mechanical Trades
Any employee whose work is primarily in any one or more
than one of the trades listed hereunder shall be classed as a Mechanic:
Machinists Adjusters
Millwrights Carpenters
Electricians Instrument Mechanics
Painters
EXHIBIT B
APPRENTICESHIP TRAINING PROGRAM
(a) The purpose of the Program is to provide Tradesmen of
the highest calibre.
(b) The Apprenticeship Training Program will cover the
Mechanical Trades as defined under Exhibit A of the current Labour Agreement
between Scott Paper Limited and the Communications, Energy and Paperworkers
Union of Canada.
General Principles
(c) The period of apprenticeship training will be defined
by the Apprenticeship Branch for each trade. The Apprentice will receive the
Journeyman rate on successful completion of his Apprenticeship or after
successful completion of four years, whichever happens sooner, only on the
understanding that he completes his full term of training. If the Apprentice
refuses to continue his training, he will be removed from the Program with
no standing as a Journeyman in his trade.
(d) Training syllabus for each trade to be designed to meet
the requirements of the particular trade involved.
(e) All provisions of the current Labour Agreement between
Scott Paper Limited and the Communications, Energy and Paperworkers Union of
Canada shall be applicable to Apprentices in the Program.
(f) Apprentices hired with previous training may be placed
into the Training Program at a level determined by the Joint Apprenticeship
Committee, with advice from the Apprenticeship Branch.
(g) Under the Program, Apprentices will receive rates as
per the Rates of Pay Section of the Collective Agreement.
Progression through the schedule of rates is subject to
successful completion of prescribed theoretical training, practical training
and tests. The schedule of rates applies on date of qualification or as
otherwise provided for in Item 11.
Joint Union - Management Apprenticeship
Committee
(h) This Committee will be comprised of an equal number of
Union and Management representatives not to exceed, in total, three from
each group. The Human Resources Department will supply a coordinator.
The purpose of the Committee will be to develop and
supervise the procedures required to carry out the intent of the Program as
agreed to. The Apprenticeship Committee shall also function for the purpose
of considering policy questions and possible necessary amendments from time
to time.
The Committee will also carry out the following duties:
(i) The Company to establish in-plant training programs
to support the training syllabus as developed by the Apprenticeship Branch
of the Department of Labour for each trade involved. Supervision of the
established program shall be the responsibility of the Joint Committee.
(ii) Set standards for entry into the Apprenticeship
Program that are not inconsistent with the standards recommended by the
Apprenticeship Branch.
(iii) Carry out periodic reviews of the training program
at intervals of not more than three months.
(iv) See that the required practical tests are carried
out in cooperation with the Apprenticeship Branch.
(v) Determine the tool requirements by years of training.
(vi) Joint Committee to review any case of lost time from
the Program because of sickness, accident etc., and to determine the amount
of additional time necessary before an employee meets his requirements of
time served.
Entry to Program - New Apprentices
(i) Selection for entry into the Program of persons who
have no previous training in the trade will be made by the Company, provided
that the standards for acceptance established by the Joint Union-Management
Apprenticeship Committee and the Apprenticeship Branch are applied and that
first consideration is given to mill employees.
Schedule of Training for Apprentices
(j) Upon completion of each period of training in an
approved Vocational School, an Apprentice will be required to pass
examinations set by the Apprenticeship Branch. Practical examinations shall
be confined to the areas of training received. In the event of failure to
pass examinations, the Apprentice shall be required to undergo a period of
retraining on subject material specified by the Apprenticeship Branch
authorities and will be required to be re-examined within twelve (12)
months. Failure to pass the second examination will result in a review of
his position by the Joint Apprenticeship Committee and could result in his
removal from the Program. Employees who are removed from the Program will be
offered an entry job in keeping with their plant seniority.
(k) (i) Successful applicants will be assigned to a
specific trade as a probationer for a ninety (90) day period. During the
probationary period, he shall be paid the first year Apprentice rate.
(ii) On successful completion of the probationary period,
the probationer shall be reclassified and will continue to receive the first
year Apprentice rate.
(iii) During each year of Apprenticeship, he shall work
at the trade and attend Vocational School as required by the regulations
pursuant to the Apprenticeship Act.
(iv) Upon the successful completion of his term of
Apprenticeship and receipt of his certificate of Apprenticeship, issued by
the Provincial Apprenticeship Committee, the Apprentice shall be designated
as a certified Journeyman at the regular hourly rate for Journeyman.
(v) If any of the aforementioned work periods are
exceeded due to the unavailability of Vocational School Facilities, such
extra time will be credited to the Apprentice in succeeding training
requirements. Also the Apprentice’s rate shall be adjusted retroactively to
the commencement of the scheduled year providing he successfully passes the
examinations. Retroactivity will not apply where the testing is necessary.
(vi) For trades exceeding four (4) years, the following
shall be in addition to the above. On successful completion of the fourth
period of training at the Vocational School, and having spent twelve (12)
months as a fourth-year Apprentice, he shall be reclassified and paid the
fifth-year Apprentice rate which is equivalent to the Journeyman rate for
the following twelve (12) months. On completion of the final period at the
Vocational School, the fifth-year Apprentice shall write his final
examination set by the Apprenticeship Branch and, upon becoming certified,
shall be designated as a certified Journeyman at the regular hourly rate for
Journeyman.
(l) Wherever reference is made to a year (or twelve months)
as an Apprentice, it shall mean a period of not less than 1,600 hours
worked, the said period to include time spent at the Vocational School.
Cost of Books / Tuition Fees
(m) The Company will pay one hundred percent (100%) of the
cost of books specified by the Apprenticeship Branch. The Apprentice can
keep these books as his personal property.
Tuition fees for apprentices will be paid at 100% subject
to the following:
(i) Tuition is paid only once per year of schooling.
(ii) If the employee does not complete the apprenticeship
or leaves Scott Paper within 36 months of completing the apprenticeship,
tuition fees will be refunded to the Company.
Apprenticeships / Out of Town Expenses
(n) On successful completion of the required period of
vocational school training, the Company will reimburse out-of-town expenses
to a maximum of two (2) hours pay at the first year apprentice rate per day
on a seven (7) day basis while in attendance at school. This reimbursement
will also apply to Steam Plant personnel.
It will be paid after the employee’s return to work and
when verification of vocational school attendance is received from the
appropriate agency.
Allowances and Wage Make-up
(o) While attending an approved Vocational School, the
Apprentice will receive from the Government allowances and school expenses
in accordance with the Government’s schedule of grants pertaining to
Apprenticeship Training. In addition, the employee shall receive from his
employer an allowance comprised of the difference between his regular
straight-time rate, based on a forty (40) hour week, and the weekly living
allowance granted by the appropriate Government authorities. Allowances
provided by the employer shall not apply to any periods of retraining as
specified in item (n).
General
(p) (i) The Company agrees to develop and provide a
program of on-the-job training for each trade, which shall include doing
jobs of gradually increasing skills consistent with the Apprentice’s
training and ability.
(ii) Apprentices will be required to acquire and build a
kit of tools progressively throughout the Program, as specified by the
Apprenticeship Branch and the Joint Union-Management Apprenticeship
Committee.
(iii) The following jobs will not come within the scope
of the Apprenticeship Program:
(1) Converting Oiler
(2) Doctor and Slitter Grinderman
(3) Boiler House Power Engineer Trainee
The present job content of the above positions will not
change with respect to their mechanical content.
(iv) Present practices governing employment of production
employees during maintenance shutdowns will not be altered.
EXHIBIT C
WELFARE PLAN
This Exhibit C sets forth the respective rights and
obligations of the Company and its employees under the Welfare Plan which the
Company has established pursuant to Article XXVII of the Labour Agreement
between Scott Paper Limited, Western Manufacturing Division, and Communications,
Energy and Paperworkers Union of Canada, Local 456.
The employer will
provide all employees with a deferred payment drug card which does not decrease
the current provisions in the benefit plan.
The Dispute Resolution Mechanism is as agreed to by the
parties on May 23, 2001.
Joint Trusteed
Health and Welfare Plan
The parties
agree to form a committee to investigate the feasibility of a Jointly
Trusteed Health and Welfare Plan. This committee will communicate its
findings during the term of the renewed labour agreement.
Section 1:
Obligation
The Company’s
obligation and the Welfare Plan shall be subject to all limitations found in the
contracts of the carrier or carriers including, among others, the requirements
of participation by a minimum percentage of those eligible, and conditions under
which coverages and benefits may be subject to increased cost or to termination.
In the event of any conflict between the contracts of the carrier or carriers
and this summary, the terms of the contracts with carrier or carriers will
govern.
Section 2:
Waiting Period
All full-time
employees who are actively working and who have completed forty (40) days
service shall be enrolled for the coverages and benefits set forth in "Schedule
1 of this exhibit.
Section 3: Changes in Classification
The regular wage of the employee in effect on November 1 and
May 1 will determine his entitlement to Group Life and Weekly Indemnity
Insurance coverage as outlined in Schedule 1 of this Exhibit. Where an
employee’s regular duties consist of more than one job, his regular rate shall
be deemed to be the weighted average of the rates applicable to such jobs.
Section 4: Costs
There will be a sharing of the net costs of the coverages and
benefits made available to participating employees under the Welfare Plan as
follows:
Company
Employee
Medical
100%
0
Extended Health
100%
0
Group Life
100%
0
A.D. & D
100%
0
Weekly Indemnity
70%
30%
Dental Care Plan
100%
0
Long Term Disability
70%
30%
Section 5: Reporting Period
The reporting period will cover the twelve (12) month period
ending June 30.
Section 6: Changes in Premium and Employee Contribution
It is understood that any change in respect of either the
premium rate charged by the carrier or the basis of the employer-employee
sharing thereof may only be made effective not more often than once in any
twelve (12) month period.
Section 7: Distribution of Surplus
It is understood that surplus accumulation, if any, will be
used only for the purpose of reducing premium costs.
Surplus accumulations must be disposed of within reasonable
time limits.
Section 8: Disputes
No dispute arising out of the operation, administration or
interpretation on any coverage contract between the Company and the Carrier
shall be subject to the "Adjustment of Complaints" procedure of the Labour
Agreement between Scott Paper Limited and the Communications, Energy and
Paperworkers Union of Canada, Local 456. Any such dispute shall be adjudicated
under the terms of such coverage contract.
Section 9: Disputed Workers’ Compensation Board Weekly
Indemnity Claims
If an employee covered by the Welfare Plan suffers a
disability, payment for which is in dispute with the Workers’ Compensation
Board, weekly indemnity payments under the Welfare Plan will be paid
retroactively as set forth in Schedule 1 of this Exhibit, if requested by the
employee and provided he has been off work for at least 14 days due to the
disability without the Workers’ Compensation Board having accepted the claim.
If the Workers’ Compensation Board claim is subsequently
established, the employee will then repay the weekly disability payment received
to the insurance company.
Section 10: Claim while Negotiated Change Takes Effect
In the case of any employee who is on active claim arising
from a disability which occurred before a negotiated change in benefits and
which continues thereafter, the said employee shall, as from the effective date
of the negotiated change, be paid the changed weekly indemnity benefit, be
covered for the changed Group Term Life Insurance, and make the changed
contributions.
Section 11: Surviving Spouse and Dependent Coverage
Where a surviving spouse and dependents of a deceased
employee are not covered by such plans by reason of their own employment, the
Company will extend the coverage under Medical-Surgical, the Extended Health
Benefit Plan and Dental Plan for a period of twelve (12) months, commencing on
the first of the month following the month in which the death occurs.
SCHEDULE 1
WELFARE PLAN
(Attached to and Part of Exhibit C)
Section 1: Coverage and Benefits
(a) Group Term Life Insurance
The Welfare Plan will include Group Term Life Insurance in
accordance with the following Table of Hourly Job Rate Brackets and
corresponding Coverages. Benefits will be payable as a result of death from
any cause while insured.
(b) Accidental Death or Dismemberment Insurance
In addition to the above Group Term Life Insurance
coverage, the Welfare Plan will include Accidental Death Insurance as
outlined in the Table on a twenty-four hour coverage basis.
Attached below is a description of the A.D. & D. insurance
protection.
The weekly Indemnity Schedule includes the A.D. & D.
schedule.
(c) Non-Occupational Accident and Sickness Insurance
The Welfare Plan will include Non-Occupational Accident and
Sickness Insurance in accordance with the table. Weekly Indemnity benefits
will be payable beginning with the first day of disability caused by
non-occupational accident and beginning with the fourth day of disability
caused by non-occupational sickness, except in those cases of
non-occupational sickness which resulted in the claimant being hospitalized
as a bed patient, and in those cases where surgery is performed which
necessitates loss of time from work, the said Weekly Indemnity benefits will
be payable beginning with the first day of sickness. Benefits will be
payable for a maximum of fifty-two (52) weeks during any one period of
disability.
Weekly Indemnity benefits which begin prior to age 65 will
continue until the employee has received at least fifteen (15) weeks of
benefits, or until the employee is no longer disabled or retires, which ever
comes first. Where the employee recovers an amount from a liable third party
for loss of income as a result of the same accident or illness, they must
reimburse the Plan once they receive 100% of their loss. One hundred percent
(100%) of their loss includes gross wages lost.
The premium structure for coverage of an employee over the
age of 64 will be as follows:
First three months 75% of Normal Premium
Second three months 50% of Normal Premium
Third three months 25% of Normal Premium
Last three months No Premium
(d) Medical-Surgical Coverage
The Welfare Plan will include the Medical-Surgical Coverage
as available through the Medical Services Plan of British Columbia.
It is agreed that the Extended Health Benefit Plan will
include the additional coverage as follows;
(i) One hundred and fifty dollars ($150) per person per
calendar year for acupuncture.
(ii) Three hundred and fifty ($350) per person per
calendar year for clinical psychology.
(iii) One hundred dollars ($100) per person per calendar
year for speech therapy.
(iv) Two hundred and fifty ($250) per person per calendar
year for foot orthotics.
(v) Hearing Aid coverage increased to the maximum benefit
payable during a three year calendar year period is $600 per child. Payment
will be made for maintenance, batteries or recharging devices or other such
accessories.
(vi) Three hundred dollars ($300) per person per calendar
year for physiotherapist and massage practitioner.
(vii) Nursing care provisions shall be limited to 720
hours per calendar year.
(viii) Professional services of the following
practitioners limited to $150.00 per person or to a maximum of $500.00 per
family in a calendar year:
Chiropractor*
Osteopath*
Naturopath*
Podiatrist or Chiropodist*
*Physician’s prescription not required
(e) Extended Health Coverage
The Welfare Plan will include the Extended Health Insurance
coverage in effect on June 30, 1970.
(f) Vision Care for Employees and Dependents
The maximum amount payable will be increased to three
hundred & fifty ($350) effective January 1, 2000, per person in any 24
consecutive month period.
It is agreed that effective July 1, 1982, the Extended
Health Benefit Plan will include a vision care program as follows:
Payment up to a maximum of three hundred & fifty ($350)
effective January 1, 2000, per person in any 24 consecutive month period,
for charges incurred relative to the purchase of lenses and frames or
contact lenses when prescribed by a person legally qualified to make such
prescription; provided however, that if the eyeglasses are for an employee
for use while working in a mill, they must be safety lenses and frames.
(g) Dental Care Plan
The Welfare Plan will include a Dental Care Plan, which
will reimburse members for expenses incurred in respect of coverages
summarized in this Schedule.
(h) Long Term Disability Plan
(i) Level of Benefits
The Welfare Plan will include a Long Term Disability
Plan, effective July 1, 1978 which will provide benefits of 50% of regular
weekly earnings calculated at forty (40) times disabled employee’s hourly
straight-time job rate at date of onset of disability, plus any negotiated
increases to that hourly straight-time job rate which would take place
during the elimination period. Other terms and conditions of the Plan and
conditions pertaining to its implementation will be established pursuant to
the general principle set forth in the Long Term Disability Plan Summary
Booklet which will be available from the Human Resources Office.
(ii) Elimination Period
Benefits commence after the employee has been totally and
continuously disabled for fifty-two (52) weeks or has exhausted his weekly
indemnity benefits, whichever occurs last.
(iii) Maximum Duration of L.T.D. Benefit Payments
A disabled employee with less than eleven (11) years of
continuous service with Scott Paper Limited at date of disability will
receive benefit payments until reaching age 60.
A disabled employee with eleven (11) or more years of
continuous service with Scott Paper Limited at date of disability will
receive benefit payments until reaching age 65.
In all cases, benefit payments will cease on recovery.
Employees receiving either weekly indemnity or LTD
benefit payments on July 1, 1988 and continue to be disabled will also be
eligible for the extended benefit period described above.
(iv) Minimum Payment
In the event that all other disability income reduces the
payment from this plan below $25.00 per month, this plan will nevertheless
pay a minimum of $25.00 per month from the date disability income commences.
(v)
The benefit
from this plan combined with all other disability income to which the
disabled employee is entitled will not exceed 80% of the employee’s regular
wage rate at the date of disability.
Employees who
are under age 60 years of age will have their future disability benefit
recalculated by applying the contractual wage increases that were applied in
each year, during the period of their disability, to their long term
disability benefit.
The recalculated weekly benefit when combined with all other disability
income to which the disabled employee is receiving will not exceed 80% of 40
hours multiplied by the regular wage rate in effect at the time of the
recalculation.
(vi)
When an employee becomes totally disabled under this plan, they shall have
the option of taking all outstanding earned time off with pay, such as
vacations, supplementary vacations, statutory holidays, special (personal)
floating holidays and any half-time portion of banked overtime.
(vii) Weekly Indemnity - Attempted Suicide.
Amend Weekly Indemnity Plan to provide for benefits for
loss of time as a result of attempted suicide under the Plan provisions
covering other mental illnesses. Coverage shall also include injury
disability arising from attempted suicide.
(viii) Weekly Indemnity - Waiting Period.
Only one (1) waiting period will be required for serious
illnesses which require kidney dialysis, chemotherapy, radiation or other
similar recurring treatments. This will provide benefits, after the initial
waiting period, for any subsequent lost time.
(ix) Completion of Forms.
The Company will reimburse employees for the costs of
medical forms and specialists reports when required by the WI and LTD
carriers. The maximum paid shall be $30.00 for general practitioners and
$100.00 for specialists.
Group Term Life and A.D.&D. Insurance Coverage.
|
Maximum Insurance Benefits
Payable |
|
effective date |
group term life |
a d& d |
|
Sept. 25, 2008 |
$91,000 |
$91,000 |
|
May 1, 2009 |
$93,300 |
$93,300 |
|
May 1, 2010 |
$95,600 |
$95,600 |
|
May 1, 2011 |
$98,500 |
$98,500 |
Accidental Death and Dismemberment Coverage Schedule to
reflect current insurance carriers’ benefit levels.
Weekly Indemnity Non-Occupational Accident and Sickness Insurance
The Welfare Plan will include
Non-Occupational Accident and Sickness Insurance that will provide a benefit
of sixty percent (60%) of the employee’s regular job rate to the maximums in
the following table.
|
Maximum Weekly Indemnity
Benefits Payable |
|
Effective Date |
Benefit Maximum |
|
September 25, 2008 |
$750.00 per week |
|
May 1, 2009 |
$800.00 per week |
|
May 1, 2010 |
$820.00 per week |
|
May 1, 2011 |
$845.00 per week |
Note:
The increases effective May 1, 2010 and May 1, 2011 reflect the May 1, 2009
benefit being increased in accordance with the general wage increases
effective on those dates.
Weekly Indemnity benefits will be
payable beginning with the first day of disability caused by
non-occupational accident and beginning with the fourth day of disability
caused by non-occupational sickness, except that in those cases of
non-occupational sickness, which results in the claimant being hospitalized
as a bed patient, and in those cases where surgery is performed which
necessitates loss of time from work, the said Weekly Indemnity benefits will
be payable beginning with the first day of sickness. Benefits will be
payable for a maximum of fifty-two (52) weeks during any one period of
disability.
Weekly Indemnity benefits which
begin prior to age 65 will continue until the employee has received at least
fifteen (15) weeks of benefits, or until the employee is no longer disabled
or retires, which ever comes first. Where the employee recovers an amount
from a liable third party for loss of income as a result of the same
accident or illness, they must reimburse the Plan once they have received
100% of their gross wages lost.
GROUP ACCIDENTAL DEATH
AND
DISMEMBERMENT INSURANCE
If an employee while insured for this benefit, suffers any of
the losses specified in the following Schedule of Losses and Benefits as a
result of bodily injury effected directly and independently of
all other causes
by external, violent and accidental means, and if such loss occurs within 12
months after the date of sustaining such injury, the company will, subject to
the provisions of
this policy and this benefit, pay the amount provided for such
loss in the Schedule of Losses and Benefits.
If an employee shall sustain more
than one of such losses as a result of any one accident, payment shall be made
only for that one loss for which the largest amount is payable.
SCHEDULE OF LOSSES
AND BENEFITS
Loss of Life The full sum insured
Loss of Two Hands The full sum insured
Loss of Two Feet The full sum insured
Loss of Sight of Two Eyes The full sum insured
Loss of One Hand & One Foot The full sum insured
Loss of One Hand and Sight of One Eye The full sum insured
Loss of One Foot and Sight of One Eye The full sum insured
Loss of One Hand or One Foot One-half the sum insured
Loss of Sight of One Eye One-half the sum insured
Quadriplegia (Total Paralysis of Both Upper & Lower Limbs) 200% of the sum insured
Paraplegia (Total Paralysis of Both Lower Limbs) 200% of the sum insured
Hemiplegia (Total Paralysis of Lower and Upper Limbs on One Side of the Body 200% of the sum insured
Hand or Foot means severance at or above wrist or ankle
joint. Loss of Sight must be entire and irrecoverable.
Limitations
The insurance provided under this benefit shall not, however,
be payable for any loss which results from or is caused, directly or indirectly,
by any of the following causes:
(a) Suicide or self-inflicted injury, while sane or insane.
(b) Injury incurred to which a contributing cause is the
employee’s commission of, or attempt to commit, an assault or any criminal
offence (excluding an offense related to driving a vehicle while under the
influence of alcohol).
(c) Insurrection of war, whether war be declared or not, or
any act or incident thereto, or participation in any riot.
(d) Travel or flight in any aircraft if the employee is a
pilot, officer or other member of the crew of the aircraft, or if such
flight is made for instructional testing or training purposes, or if the
employee is travelling or flying as a passenger or otherwise in any aircraft
of a military, naval or air force.
(e) Bodily or mental infirmity, or medical or surgical
treatment thereof.
(f) The taking of poison or poisonous substances whether
voluntary or otherwise.
(g) Injuries of which there is no visible contusion or
wound on the exterior of the body, drowning and internal injuries revealed
by autopsy excepted.
(h) Accident, injury or other loss caused wholly or partly
by disease, infection or medical or surgical treatment thereof, or by hernia
ptomaine, or bacterial infection, except only in the case of septic
infection caused through a visible wound accidentally sustained.
DENTAL CARE
PLAN
Section 1: Benefits
(a) Diagnostic Services:
All necessary procedures to assist the dentist in
evaluating the existing conditions to determine the required dental
treatment, including:
Oral Examinations
Consultations
X-Rays (Complete mouth X-Rays will be covered only once in
a 3 year period)
(b) Preventive Service
All necessary procedures to prevent the occurrence of oral
disease, including:
Cleaning and Scaling
Topical Application of Fluoride
Space Maintainers
(c) Surgical Services
All necessary procedures for extractions and other surgical
procedures normally performed by a dentist.
(d) Restorative Services
All necessary procedures for filling teeth with amalgam,
synthetic porcelain and stainless steel crowns. Gold inlays or onlays will
be provided as a filling material only when teeth, in the professional
opinion of a dentist, cannot be restored with any of the above materials.
Gold foil will be provided only in cases of repair to pre-existing gold
restorations.
(e) Prosthetic Repairs
All necessary procedures required to repair or reline fixed
or removable appliances.
(f) Endodontics
All necessary procedures required for pulpal therapy and
root canal filling.
(g) Periodontics
All necessary procedures for the treatment of tissues
supporting for the teeth.
(h) Prosthetic Appliances and Crown and
Bridge Procedures
(i) Crowns and bridges.
(ii) Partial and/or complete dentures but not more than
once in five years.
Dentures lost, broken or stolen will not be replaced.
(i) Orthodontics
The services of a certified Orthodontist registered as such
by the College of Dental Surgeons of British Columbia, only after the
patient has been covered continuously for twelve months. Appliances lost,
broken, or stolen will not be replaced.
Maximum orthodontic benefit will be 50% coverage to a
maximum of $3,500 per person.
Section 2: Co-Insurance
In respect to benefits (a) to (g), the plan will provide
reimbursement of 90% of eligible expenses. In respect to benefits (h) and (i),
the plan will provide reimbursement of 50% of eligible expenses.
Section 3: Dependents Covered Under the Plan
(a) Husbands and wives of eligible employees.
(b) Dependent children at their twenty-first birthday, or
to their twenty-fifth birthday if in full-time attendance at a recognized
school or university, or until they marry or become wage earners, whichever
occurs first.
Note: You may be required to prove that persons whom you
claim as dependent children are actually dependent upon you.
EXHIBIT D
GENERAL RULES FOR GUIDANCE
Rates When Moved from Regular Job
(a) Whenever an employee is moved from his regular job to a
higher rate job, he shall receive the higher rate.
(b) In any case, when an employee is required or ordered to
work temporarily on any job other than his regular job, he is to receive his
regular rate or job rate whichever is higher. When an employee is moved to a
lower rated job, the duration of such move will be kept to a minimum and
every effort will be made to return the employee to his regular job as soon
as possible.
(c) Whenever an employee’s regular job is not available and
he therefore is moved to another job, he is to receive the rate of the job
to which he is moved for that period. In such cases, however, the employee
is not obligated to take the job offered and can, if he so elects, lay off
for the period his regular job is not available.
General Rules for Guidance in Application of Seniority
The following are some rules for the guidance of both the
Union Standing Committee and Management in the application of Seniority as
provided under Article XIX of this Agreement.
(a) Two types of Seniority are recognized:
(i) Plant Seniority
(ii) Department Seniority
(b) In general, Plant Seniority shall apply in the creation
of new jobs and in promotions and lay-offs where no specific experience is
required.
(c) In general, Departmental Seniority shall apply in
promotions and lay-offs requiring specific experience.
(d) Seniority lists showing plant and departmental
seniority will be maintained in a current condition by the Company.
(e) Department Transfers
Applications for new appointments to jobs which serve as
the base of a promotional sequence in any department will be accepted at any
time by the Human Resources Department. A list designation of such jobs open
to applications will be given to shop stewards.
Application forms will be available at all times at the
Human Resources Office. Seniority shall be considered for only those
employees whose applications have been received at the closing date of
published notice of such opening.
It is agreed that the principle be established that no
employee will begin departmental seniority except through a job posting and
selection. This policy will be applicable on completion and acceptance of
the current departmental seniority lists.
An employee who has been the successful applicant for a job
posting in the Paper Mill, Division A/E, Division B, Traffic/Export,
Groundwood and Shipping shall not be entitled to bid on another Job Vacancy
Posting until twelve (12) months has elapsed from the closing date of the
posting.
Employees who fall under the above restriction shall be
eligible to apply for Job Vacancy Postings which are not identified in the
departments identified above.
In the event that a departmental downsizing or job
elimination occurs in the department which the employee has posted into and
falls under the restriction above, the employee shall be eligible to bid on
any current or future Job Vacancy Postings.
(f) (i) Relief Work
The senior employee on any job is to receive the first
invitation to relieve on a higher job unless the vacancy occurs after the
start of the week, and the relief period does not exceed four (4) shifts,
and it is not practical to change shifts. It is recognized that after the
manning schedules are prepared, there are circumstances where changing the
schedule for five (5) days may be impractical. Failure to accept invitation
to relieve or take promotion without legitimate reason shall mean loss of
seniority only in the next opportunity for a permanent promotion to the
senior position on which he refused to relieve or be promoted.
(ii) Employee Permitted to Turn Down a Move-Up
When an employee, at his own request, is permitted by the
Company to turn down a move-up in the line of progression and another
employee moves ahead of him on the departmental seniority list, the latter
employee will remain ahead of the former in other future move-ups or
cutbacks on the departmental seniority list.
(iii) Mill Seniority
In the case of a curtailment or lay-off in any one
department, the employee with the least amount of "departmental seniority’
will be the first employee laid off from that department.
For curtailments or lay-offs of up to five (5) working
days, the laid-off employee may exercise his/her mill seniority to displace
the most junior employee on the spareboard.
For curtailments or lay-offs of more than five (5)
working days, the laid-off employee may exercise his/her mill seniority to
displace the most junior employee in the Mill regardless of whether or not
that employee is posted.
In exercising of mill seniority, a laid-off employee must
remain consistent with the spareboard policy providing he/she can be trained
to do the job within a reasonable period of time and providing the employee
is competent to perform his duties.
An employee who is not on the spareboard and who is laid
off must notify his/her supervisor or the Human Resources Department that
he/she wishes to be placed on the spareboard.
Any problems arising out of this application will be
dealt with at the Standing Committee meetings.
(g) Transfers
(i) Where an hourly rate employee is transferred to
another department on an hourly rate either at his own request or at the
request of the Company and he is transferred back to his original department
within 90 days at either his own request or at the request of the Company,
he will return retaining the relative seniority standing which he occupied
at his original transfer.
At the expiration of the 90 day limit, the employee’s
seniority rights will cease in his original department.
(ii) Where an hourly rate employee is transferred to a
salaried position not covered by the contract, either in his own department
or other department, and he is transferred back to his original department
within 90 days either at his own request or at the request of the Company,
he will return retaining the relative seniority standing which he occupied
at his original transfer.
At the expiration of the above 90-day limit, the
employee’s seniority rights will cease in his original department.
MISCELLANEOUS
It is understood and agreed that Supervisors will not perform
work, which is normally done by members of the bargaining unit. It is not the
Company’s intention that supervisory staff perform such work; however, it is
recognized by both the Company and the Union that during an emergency, during
periods of training and instruction, a supervisor may perform work which
otherwise would be done by a member of the bargaining unit; such work will, in
no way, eliminate an employee from the work force or reduce the number of
employees required to perform that job.
The Company agrees to communicate this policy to all
Supervisors in the Western Manufacturing Division.
EXHIBIT E
STEAM PLANT VOCATIONAL LEAVE
Section 1: Fourth Class Certificate
Upon successful completion of the Department of Education
Correspondence Course for a FOURTH CLASS POWER ENGINEERING CERTIFICATE, or
possessing the equivalent qualifications acceptable to the Vocational School
authorities, employees shall be granted three (3) weeks’ leave of absence with
pay to attend an approved Vocational School to complete the course and write the
examination for the Fourth Class Power Engineering Certificate.
During his first week at the School, the employee will be
evaluated by the school authorities to determine his knowledge of the subject,
and if the evaluation is favourable he will continue his studies at the school
during the two weeks and write the prescribed examination. In the event that the
evaluation is not favourable, the school authorities will indicate to the
employee those areas where further study is needed and he will return to the
Mill and carry out the recommended home studies. Upon completion of this
additional studying, the employee will be granted three (3) weeks’ leave of
absence, two (2) weeks with pay and one (1) without, to return to the Vocational
School to complete the course and write the prescribed Fourth Class Certificate
examination.
Section 2: Third Class Certificate
Upon successful completion of the Department of Education
Correspondence Course for a THIRD CLASS POWER ENGINEERING CERTIFICATE, or
possessing equivalent qualifications acceptable to the Vocational School
authorities, employees shall be granted six (6) weeks’ leave of absence with pay
to attend an approved Vocational School to complete the course and write the
examination for the Third Class Power Engineering Certificate.
During his first week at the school, the employee will be
evaluated by the school authorities to determine his knowledge of the subject,
and if the evaluation is favourable, he will continue his studies at the school
during the following four weeks and write the prescribed examination. In the
event that the evaluation is not favourable, the school authorities will
indicate to the employee those areas where further study is needed and he will
return to the Mill and carry out the recommended home studies. Upon completion
of this additional studying, the employee will be granted five (5) weeks’ leave
of absence, four (4) weeks with pay and one (1) without, to return to the
Vocational School to complete the course and write the prescribed Third Class
Certificate examination.
Section 3: Second Class Certificate
Upon successful completion of the Department of Education
Correspondence Course for a SECOND CLASS POWER ENGINEERING CERTIFICATE, or
possessing equivalent qualifications acceptable to the Vocational School
authorities, employees shall be granted ten (10) weeks’ leave of absence with
pay, on the basis set forth hereunder, to attend an approved Vocational School
to complete the two-part course and write the examination for the Second Class
Power Engineering Certificate:
(a) Five (5) weeks’ leave of absence with pay to complete
Part "A" (Mathematics & Physics).
(b) Five (5) weeks’ leave of absence with pay to complete
Part "B" (Basic Engineering).
During his first week at the school in each of the
above-mentioned cases (i) and (ii) the employee will be evaluated by the School
authorities to determine his knowledge of the subject, and if the evaluation is
favourable, he will continue his studies at the school during the following four
(4) weeks and write the examination prescribed for Part "A" or "B" whichever is
applicable. In the event that the evaluation is not favourable, the school
authorities will indicate to the employee those areas where further study is
needed, and he will return to the Mill and carry out the recommended home
studies. Upon completion of this additional studying, the employee will be
granted five (5) weeks’ leave of absence, four (4) weeks with pay and one (1)
without, to return to the Vocational School to complete the course and write the
examination prescribed for Part "A" or "B", whichever is applicable.
Section 4: Basis of Pay
One (1) week’s pay shall be equal to forty (40) hours at the
straight time hourly rate of the employee’s regular job.
Section 5: Additional Leave
Leaves of absence with pay will be granted to Steam Plant
personnel on the basis as set forth in 1, 2, and 3 above.
Any further Vocational
Training required to pass each respective certificate shall be at the employee’s
expense and such additional leave of absence will be granted.
Section 6: Books
The Company will pay 100% of the cost of textbooks specified
by the Vocational Training School as required for those writing for Power
Engineering Certificates.
The employee will keep these books as his personal
property.
Section 7: Examination and Tuition Fees
The Company will bear the cost of the prescribed Examination
and Tuition fees, if any, required of candidates writing for Power Engineering
Certificates.
Section 8: Timing of Leave
Leaves of absence will be granted at a time suitable to the
Company, bearing in mind the Vocational School curriculum.
Section 9: Number on Leave
Normally it will not be possible to grant leave of absence to
more than one Steam Plant employee at a time. However, if relief is available,
this limit may, at the discretion of the Company, be exceeded.
Section 10: Government Allowances
If at any time provision is made whereby transportation
and/or other allowances are granted by the Government to Steam Plant personnel
attending an approved
Vocational School to write for Power Engineering
certificates, the provisions set forth above will then be amended to take into
account such Government allowances.
EXHIBIT F
COMPRESSED WORK WEEK
This summary describes the general terms and conditions of
the Compressed Work Week Agreement:
(a) The twelve (12) hour shift schedule may be cancelled by
either party with thirty (30) days’ written notice.
(b) The implementation of the compressed work week will be
on the conditions that there will be no extra cost to the Company, and that
the efficiency of any department or departments will not decrease. Further,
that it will not provide an advantage of one party over the other.
(c) It is clearly understood by both parties that
replacements must be available for relief purposes when required. In the
event that the Company decides adequate relief will not be available, a
Standing Committee member will be informed immediately, and the Local will
cooperate fully to provide the necessary relief.
(d) Overtime will not be paid if incurred as a result of
implementing or discontinuing the twelve (12) hour shift schedule. Employees
entering or leaving the schedule; e.g., for relief purposes, will not be
paid overtime for the ninth (9th) to twelfth (12th) hours of the shift, or
for hours not in excess of forty-four (44) hours in a week. Such employees
will have time off arranged on the basis of working forty-two (42) hours per
week over the averaging period.
(e) Any employee entering the 12-hour shift schedule
without being given due notice as per the Scott Paper Labour Agreement will
be paid the overtime premium for the ninth (9th) to twelfth (12th) hour of
the first 12-hour shift.
(f) It is understood by both parties that concerns may
arise while this schedule is in effect. Should this occur, the parties will
meet to discuss the concern and attempt to reach a satisfactory solution.
(g) When an employee who works an eight (8) hour schedule
relieves into a compressed work week position for one (1) shift of the
schedule, he shall receive overtime for the last four (4) hours of the shift
when proper notice has not been given as per the Scott Paper Labour
Agreement.
(h) Employees will give as much notice as they possibly can
on requests for leave so that they can be replaced at straight time.
Otherwise, the necessity to work employees on their days off will
effectively negate the benefits gained from the additional days free from
work in the compressed work week.
(i) Overtime at the rate of time and one-half will be paid
for all work in excess of twelve (12) hours in any one day except:
When such work in excess of twelve (12) hours is caused by
the change of shifts.
(j) Tour Workers who work in excess of twelve (12)
consecutive hours shall have the option of receiving the overtime premium on
the basis of Article VI, Section 2 (b) of the Labour Agreement or of
receiving straight time for hours in excess of twelve (12) consecutive hours
taking equivalent time off in units of not less than twelve (12) hours at
the hourly rate for the job when the work was performed at the time suitable
to the employee and the Company during the contract year. Any overtime
remaining at the end of the contract year in which it is banked may be
carried over to the next contract year for the purposes of taking time off.
If equivalent time off is not taken by the end of the contract year
following the contract year in which it is earned, the Company shall pay the
deferred one-half premium pay. Tour Workers who choose to bank the overtime
may later re-elect to receive the deferred one-half premium pay.
(k) The letter on 12-hour shifts will provide for Tour
Workers who work in excess of eight (8) consecutive hours on a scheduled day
off to have the option of receiving the overtime premium on the basis of
Item (h), or of receiving straight time in excess of eight (8) consecutive
hours and taking equivalent time off.
(l) When the Company changes an employee’s shift schedule
after the start of the week without notification being given during the
first twelve (12) hours of his last shift proceeding the new shift, the
employee shall receive two (2) hours’ penalty payment at the straight time
day rate for the first shift worked resulting from the change.
If the change in shifts during the week is temporary, the
penalty payment is not payable for the second change in shifts when the
employee returns to his previously established shift schedule.
(m) Continuous hours worked on Sunday up to eight (8) hours
in excess of twelve (12) hours will be counted in the further calculation of
the forty (40) hour week for the computation of overtime.
(n) Employees will be allowed to take vacations on a tour
basis. For purposes of the twelve (12) hour shift schedule, a tour will be
the number of consecutive working days without a scheduled day off.
(o) A meal shall, if requested, be furnished at the expense
of the employer to any employee actively engaged or relieving on the twelve
(12) hour shift schedule who is required to work more than thirteen (13)
consecutive hours.
(p) An employee called in to report to work on the 12-hour
shift schedule within two (2) hours or less will be given a meal at a time
conveniently arranged.
(q) Taking the Special (Personal) Floating Holidays, Banked
Overtime, and Days in Lieu of Statutory Holidays.
The following rules apply:
(i) At the end of the contract year following the
contract year in which it is earned, hours not taken or hours less than
twelve (12) will be paid to the employee (in the case of banked overtime the
deferred half-time will be paid), except that an employee who has eight (8)
or more but less than twelve (12) hours remaining will have the option of
taking a twelve (12) hour shift off and be paid the number of hours
remaining.
(ii) Time-off hours will be taken out of the "overtime
bank" in the same order as they went in; e.g. first in, first out.
(iii) Employees may take four (4) hours from the grouped
hours if so desired to supplement statutory holiday pay if they would
normally have worked.
(iv) A minimum of four (4) hours must be used when taking
Floating Holiday time out of the grouped hours.
(v) With the above exceptions and those elsewhere in this
Memorandum of Agreement, all other conditions of the Labour Agreement will
apply to the matters covered in this Item (t).
(r) When death occurs to a member of a regular full-time
employee’s immediate family, the employee will be granted an appropriate
leave of absence and he shall be compensated at his regular straight-time
hourly rate for hours lost from his regular schedule for a maximum of
twenty-four (24) hours, according to the provision of Article XIII of the
Labour Agreement.
(s) Any regular full-time employee who is required to
report for Jury Selection, Coroners’ Inquest, or who is required to appear
as a Crown Witness, on a day on which he would normally have worked, will be
reimbursed by the Company for the difference between the pay received for
the Coroners’ Inquest, or Witness Duty and his regular straight-time hourly
rate of pay for his regularly scheduled hours of work necessarily lost. It
is understood that such reimbursement shall be for forty-eight (48) hours
during a week in which he/she is scheduled to work 48 hours, or thirty-six
(36) hours during a week in which he/she is scheduled to work 36 hours. The
employee will be required to furnish proof of Coroners’ Inquest, or Witness
Service and Coroners’ Inquest, Jury Duty, or Witness pay received. Hours
paid for Coroners’ Inquest, Jury Duty or Witness Duty will be counted as
hours worked for the purpose of qualifying for vacations and for recognized
paid holidays, but will not be counted as hours worked for the purpose of
computing overtime.
(t) When an employee is injured on the job, and on the
advice of a doctor does not return to work, he will receive pay for the full
shift on which he was injured to a maximum of twelve (12) hours at his
regular rate of pay.
(u) The twelve (12) hour shift times of 7:00 a.m. to 7:00
p.m., and 7:00 p.m. to 7:00 a.m. will define a DAY as a period of
twenty-four (24) hours beginning at 7:00 a.m. and a WEEK as a period of
seven (7) calendar days beginning at 7:00 a.m. Sunday.
(v) Weekly indemnity benefits will continue to be
calculated on the basis of seven (7) calendar days and that loss of income
has occurred.
EXHIBIT G
LETTERS OF UNDERSTANDING
May 23, 2003
Randy Billow, National Representative
Communications, Energy & Paperworkers Union
#540 – 1199 West Pender Street
Vancouver, B.C. V6E 2R1
Dear Randy,
Re: Commitment to Employment
Protecting employment at Scott Paper Limited is a joint commitment of the
Company and Union. The Company and Union agree that stable employment must be
based upon economically viable operations, a high level of labour productivity
and quality production.
To this end, the parties will continue to discuss means to preserve
employment during the term of the Agreement on a cost neutral basis.
1. The Company and Union will participate in a joint committee on
employment opportunities. The joint committee will be made up of Local Union
representatives and mill management representatives and a representative of
the CEP National office.
2. The joint committee will examine ways to enhance employment
opportunities through new work arrangements, including reduced overtime and
working time alternatives. The Company agrees to provide the joint committee
with relevant information (as determined by the Company) to ensure an
informed discussion of the issues.
3. The joint committee will make recommendations to the Company on enhanced
employment opportunities.
4. Both parties undertake to give active consideration to all
recommendations and vigorously work towards implementation of
recommendations where agreement is reached at the local level.
Yours very truly,
R.W. Howcroft
Division Vice President & General Manager
Western Manufacturing Division
RWH003/114/dam
May 23, 2003
Letter of Understanding – Trades Qualifications
C.E.P. Local 456 and Scott Paper Limited both clearly recognize the critical
nature of apprenticeship training and certified trades qualifications
mechanisms. It is no secret that British Columbia is facing a skills shortage
and the pulp and paper industry is not exempt from this impending crisis.
The parties agree to work co-operatively on the issues of workplace and
trades training. The Union and the Company agree that closer co-operation will
help protect them against any changes that could negatively impact the skill
levels and portability of tradespersons in B.C.
The parties agree to participate in an industry committee comprised of
management representatives of the industry and appropriate representatives of
C.E.P. to develop a strategy of maintaining the principles of certified trades
training for British Columbia and the opportunity for workers to participate in
inter-provincial qualifications examinations.
Dave Coles Jack Fulton
Vice President H.R. Manager - WMD
Communications, Energy & Scott Paper Limited
Paperworkers Union
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