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MAINTENANCE AGREEMENT

BETWEEN

(Contractor Name)

AND

LOCAL UNION 424 OF THE INTERNATIONAL BROTHERHOOD OF

ELECTRICAL WORKERS CENTER 424, 4232 – 93 STREET

EDMONTON, ALBERTA T6E 5P5

EFFECTIVE DATE: TBA

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ARTICLE/ APPENDIX DESCRIPTION PAGE Purpose 3

Union Geographic Jurisdiction 3

Scope of Agreement 3

Definitions 4

1. Effective Dates 5

2. Grievance Procedures 6

3. Employer Rights 9

4. Union Rights and Hiring Procedure 9

5. Jurisdiction 14

6. Hours of Work, Shifts, Overtime and Terms of Payment 14

7. General Holidays 35

8. Travel and Subsistence 36

9. Foremen and Working Conditions 42

10. Wages and Benefits 45

11. Electrical Industry Benefits 48

12. Tools and Equipment 54

13. Alcohol and Drug Policy/Rapid Site Access Program (RSAP) 56

14. Electrical Contractors Industry Fund 61

15. Special Project Needs 63

16. Appendix “A” Compressed Work Week 64

17. Appendix “B” Work Week Alteration 68

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Collective Agreement

Between:

Contractor Name (hereinafter referred to as the Employer) And

Local Union 424 International Brotherhood of Electrical Workers (Hereinafter referred to as the Union)

PURPOSE: The Parties do enter into and establish the following wages and benefits and conditions of employment for the purpose of maintaining harmonious relations and establishing stable conditions of employment and providing financial and personal relations mutually beneficial to the Parties. UNION GEOGRAPHIC JURISDICTION: The geographic jurisdiction of the Local Union is not subject to negotiation, but is established solely within the IBEW. The present jurisdiction of the Local Union is the Province of Alberta and the District of MacKenzie in the Northwest Territories. SCOPE OF AGREEMENT: The scope of this Agreement covers all work in Alberta of a maintenance, repair, and renovation nature on existing facilities (as detailed in Definitions) assigned by the Owner to the Employer and performed by the Employees of the Employer covered by this Agreement. If a dispute arises as to whether a work operation is maintenance falling within the scope of this Agreement, the matter shall be referred to a Joint Grievance Committee as per Article 2.06 (c) through (h). The matter shall be settled utilizing past practices and decisions on similar matters by the General Presidents Maintenance Committee and National Maintenance Council. The scope of this Agreement does not cover work performed by the Employer of a new construction nature which is work required to erect new facilities in which event the work shall be done in accordance with the construction Agreement.

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DEFINITIONS: Maintenance shall be work performed for the repair, renovation, revamp and upkeep of property, machinery and equipment within the limits of the plant property. (i) “Long-Term Maintenance” shall be the continuing work performed of a maintenance, repair renovation character within the limits of the plant property exclusive of “Short-Term Maintenance” defined below. (ii) The Company will designate the anticipated number of Long-Term Maintenance force job openings at the pre-job meeting and from time to time as job conditions warrant. (iii) “Short-Term Maintenance” work means work that is terminated within 30 available days of work. All work performed by the Employer on existing equipment and machinery, including all associated work in a given plant, shall be maintenance. This shall include replacement of existing individual items of machinery and equipment with new units, including all associated work. It is understood that this concept would not include replacement of an entire process system installation in a facility in order to increase production. Addition of spare machinery or equipment may be done under the Maintenance Agreement provided it is for debottlenecking purposes. Example: There are two existing pumps. Both pumps are required to run at all times to maintain full production. A spare may be added for the purpose of having one pump down for maintenance. The work “repair” used with the terms of this Agreement and in connection with maintenance is work requested to restore by replacement or by revamp of parts of existing facilities to efficient operating conditions. Changes to existing units for reasons of feed stock changes or fuel changes shall be maintenance. The word “renovation” used within the terms of this Agreement and in connection with maintenance is work required to change by replacement or by “revamp” of parts of existing facilities to efficient operating conditions.

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Fire restoration work will be administered as follows: (i) The restoration of a plant completely destroyed by fire is considered construction work. (ii) The restoration of a major part of a plant including several sections which have been destroyed or damaged by fire shall be governed by the following criteria: (a) The removal of damaged equipment and the preparation of the

damaged area to make it suitable for new equipment will be maintenance.

(b) The installation and erection of new equipment will be construction. When the fire damage is localized to a given operating unit, such as a

heater, distillation tower, compressor, pumphouse equipment and the like, then the restoration of same is to be considered maintenance.

ARTICLE ONE – EFFECTIVE DATES 1.01 This Agreement shall be in full force and effect as of the Sunday

following acceptance by the parties and continue in full force and effect until December 31, 2016, and from year to year thereafter except as hereinafter provided.

1.02 Either party desiring to amend this Agreement or to commence collective bargaining may do so in writing to the other Party, not less than Sixty (60) days, or not more than One Hundred and Twenty (120) days prior to the expiry date of this Agreement. However, changes can be made at any time by mutual consent 1.03 If notice to negotiate has been given by either Party, this Agreement shall remain in full force and effect up to the date that the Union or the Employer commences a strike or lock-out. 1.04 Parties agree to meet to review any changes made to the National

Maintenance Agreement for Alberta. 1.05 Any reference to the masculine gender shall apply equally to the feminine

gender. 1.06 Should any Article, any provision or any part of this Agreement be void

by reason of being contrary to the law, the remainder of this Agreement shall not be affected thereby.

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ARTICLE TWO – GRIEVANCE PROCEDURE 2.01 During the life of this Agreement, there shall be no stoppage of work

either by strike or lockout because of any dispute over matters relating to the interpretation, application, or any provision of this Agreement, and all such disputes shall be handled as provided for in this Agreement, and in the event of any breach of this clause occurring, the Party responsible therefore may be assessed damages in any grievance filed with respect thereto.

2.02 For the purpose of this Agreement, a grievance is defined as any

difference between the Parties concerning the interpretation, application or alleged violation thereof, and shall be handled as provided herein, without stoppage of work or refusal to perform work.

2.03 It is agreed that the maintenance of harmonious relations between the

Parties requires the prompt filing and disposition of grievances. Any alleged grievance to be considered under the grievance procedure shall be presented to the other party within Ten (10) working days of the occurrence.

2.04 The time limits specified in the grievance procedure shall not include

Saturdays, Sundays, and General Holidays. The time limits may be extended by written consent of both Parties. Such consent shall not be unduly withheld.

2.05 If an Employee has an alleged grievance, he should report his grievance

in the manner provided herein, pending an investigation and possible settlement.

2.06 (a) An Employee who has a complaint or an alleged grievance may

discuss the said grievance with the Shop Steward, where appointed, and the Employer or the Employer’s representative. If the complaint or alleged grievance is not settled within Five (5) working days of the occurrence, it may be referred to the Union Business Representative.

(b) If the Union Business Representative is unable to resolve the

grievance within Ten (10) working days of the occurrence, it may be filed in writing to the Employer and ECAA Labour Relations Committee, and shall set out the following:

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(i) A copy of the grievance signed by the Employee.

(ii) The Article and/or sections of the Agreement infringed upon or

claimed to have been violated.

(iii) The remedy or correction the Employer is required to make. Copies of all grievances filed with the Employer shall be forwarded to

the ECAA Labour Relations Committee by the Employer and the Union.

(c) The Employer shall deal with the grievance and shall deliver his

decision, in writing, not later than Five (5) working days after he receives the grievance. If the grievance is not settled it may, within Five (5) working days, be referred to a Joint Grievance Committee.

(d) The Joint Grievance Committee shall consist of Two (2)

representatives appointed by the Employer or by the ECAA Labour Relations Committee and Two (2) representatives appointed by the Union. Individuals presenting the grievance, the grievor and/or the grievee shall not sit as representatives on the Joint Grievance Committee.

(e) Either party may request, in writing, to appoint an independent

Chairman to the Joint Grievance Committee. The Two (2) parties shall bear equally the expenses of the Chairman. Both parties shall mutually agree upon the selection of the independent chair. If the two parties fail to mutually agree on the selection of the Chairman either party may refer the grievance directly to arbitration.

(f) The Joint Grievance Committee, unless previously appointed, shall

be appointed within ten (10) working days of the referral of any grievance. When the Joint Grievance Committee has been appointed it shall meet to consider the grievance not later than ten (10) working days after its appointment or referral of the grievance. Failure to appoint a Joint Grievance Committee, without a written request for an extension to the time limits, shall allow the grieved party to refer the grievance directly to arbitration. An extension shall not exceed Ten (10) working days.

(g) The Joint Grievance Committee shall render it’s decision, in writing,

not exceeding ten (10) working days after it has met to consider the grievance. The Grievance shall be deemed settled if the Joint

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Grievance Committee reaches a majority decision, and that decision shall be binding on all parties.

(h) If the grievance is not settled by the Joint Grievance Committee, it

may be referred to arbitration within ten (10) working days following the conclusion of the hearing by the Joint Grievance Committee.

(i) If the Employer or the Union has a grievance, the same may be

referred to a Joint Grievance Committee within thirty (30) working days of either of the parties having knowledge of the infraction, or by mutual consent, be referred directly to arbitration.

(j) If the grieved party fails to advance his grievance within the time

limits set out in this Article, the grievance shall be abandoned. (k) If the grievee exceeds the time limits set out in this Article, the

grievor is free to proceed to the next step of the grievance procedure herein.

2.07 (a) The arbitration proceeding shall be in accordance with the

provisions of the Labour Relations Code, as amended from time to time.

(b) In the case of grievance for discharge, suspension, or other actions

of discipline, such grievance may be settled by the Arbitrator by confirming the Employer’s decision in discharging, suspending, or disciplining the Employee, or by reinstating the Employee with full or partial compensation for time lost, or by other arrangement which is just and equitable in the opinion of the Arbitrator.

2.08 Notwithstanding these grievance procedures, it is understood that the

Trustees of Article 11 shall be empowered to proceed directly to arbitration or take whatever action in law necessary to assure compliance with Article 11.

2.09 Notwithstanding the grievance procedure and the time limits contained

herein, the Union shall be empowered to take whatever action in law necessary to collect unpaid wages and/or RRSP contributions and Union dues.

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ARTICLE THREE – EMPLOYER RIGHTS 3.01 The Union acknowledges that it is the exclusive function and right of the

Employer, subject to the terms of this Agreement, to: (a) Operate and manage its business in all respects; (b) Maintain order, discipline and efficiency; (c) Make and alter from time to time the rules and regulations to be

observed by Employees, providing such rules and regulations are uniformly and fairly applied to all Employees and are not in conflict with this Agreement; the Employer will inform Employees of these rules;

(d) Direct the working force; (e) Determine job content, including methods, processes and means of

production and handling; (f) Select, hire, promote, demote, transfer, within its company and

layoff because of lack of work; (g) Discipline, suspend, discharge and/or terminate any Employee for

just cause; however, any alleged wrongful dismissal, suspension or discharge will be subject to the Grievance Procedure provided herein.

It is agreed that the foregoing enumerations shall not be deemed to exclude other management functions and rights. ARTICLE FOUR – UNION RIGHTS AND HIRING PROCEDURE 4.01 The Employer recognizes the Union as the exclusive Bargaining Agent for

all Employees performing work within the scope of this Agreement for the purposes of collective bargaining with respect to Wages, Hours, and other Terms and Conditions of Employment.

4.02 (a) A person, firm or corporation who contracts for electrical work shall

have the financial responsibility to meet payroll requirements. Irresponsibility in the payment of wages shall be deemed by the Union to provide sufficient cause to require weekly payment of wages in cash or by certified cheque to all Employees affected.

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(b) Any Employer who does not meet his payroll, including benefits, in accordance with this Agreement, shall immediately revert to weekly payroll and payments on a cash or cash equivalent basis. Furthermore, where any Employer is in default of remitting payment of Union dues, or remitting payment of RRSP monies, or contributions to the Funds under Articles 11.01, 11.02, 11.03 and 11.04, the Employer shall pay as liquidated damages the sum of Five Hundred Dollars ($500.00) dollars or Ten Percent (10%) of the total of the delinquent contributions whichever is greater. In addition, interest shall be payable calculated at the rate of Twelve Percent (12%) per annum from the due date until date paid on any contributions in arrears and on liquidated damages.

4.03 (a) Local Union 424 is part of the International Brotherhood of Electrical

Workers and any violation or annulment of working rules of the IBEW, or the subletting of any electrical work on the job to any person, firm or corporation not fair to the IBEW, or the employment of other than IBEW members on any electrical work in the jurisdiction of the Local Union by the Employer, will be sufficient cause for grievance.

(b) Any failure by the Employer, or any of its Sub-Contractors, in

complying with any of the obligations described in this Article shall constitute a violation of this Agreement, thereby entitling the Union to invoke the Grievance and Arbitration procedures herein, and to claim and be entitled to such relief or remedies as may be appropriate.

4.04 The Employer shall notify the Local Union Office upon completion of

projects. 4.05 (a) The Employer shall hire only members of the Union in good

standing, through the Union office, for all electrical work, but should the Union be unable to furnish the Employer within forty eight (48) hours (exclusive of Saturdays, Sundays and General Holidays), of the time the Union or its representative receives the request, the Union shall issue a work clearance, in writing, to the Journeyman or Apprentices who apply for Union membership and are recommended by the Employer, in writing, until such time as the Union can furnish Employees acceptable to the Employer.

(b) ALL WORKERS MUST HAVE UNION CLEARANCE, TRADE

CREDENTIALS (TICKET OR APPRENTICESHIP BOOK), AND WHERE REQUIRED, CURRENT CSTS, PRIOR TO THE COMMENCEMENT OF

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WORK. THE BLUEBOOK OR A CONFIRMING LETTER FROM AIT SHALL BE PRESENTED BY THE APPRENTICE UPON HIRE-ON, IN A TIMELY MANNER.

(c) Local Residents will be given preference for hire. If the Employer

requests Employees and no Local Residents are available to fill the request the Union will fill the request with members who are not Local Resident. These members will receive all Collective Agreement conditions including initial and return Travel Allowance, Room and Board or Per Diem or Camp Accommodations. If the Employer has work for which there is no Room and Board or Per Diem or Camp Accommodation and requests Employees the Employer may specify when making the request “ if the request is not filled at the first callout of the Union by a Local Resident the request is cancelled.”

4.06 The Employer shall not accept or transfer Employees from other

Employers without the Employee first receiving clearance from the Union Office.

4.07 Employees shall receive at least the minimum wages as outlined in the

wage schedule and shall work under all the conditions of this Agreement. 4.08 The Employer agrees to the check-off of Union dues, any past dues

owing, also Rand Formula check-off, of all Employees working within the scope of this Agreement. The Union shall certify changes in dues, in writing, to the Employer; such changes will be implemented by the Employer upon receipt of written authorization. The Employer agrees to deduct additional monthly Union dues from every Employee covered by the terms of this Agreement for every hour worked and to forward the same to the Union as per Article 11.04. All dues to be paid monthly and a cheque submitted with a prescribed list attached showing the deduction. The cheque shall be payable to Local Union 424, IBEW, and received by the Local Union on or before the Fifteenth (15th) of the month following the deduction.

4.09 A Journeyman Electrician is an Employee with four (4) years or more

experience at the electrical trade, who has passed the qualifying examination in accordance with the regulations of the Apprenticeship and Industry Training Act for the Province of Alberta, respecting qualifications and licensing of Electricians.

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4.10 An Apprentice Electrician is an Employee who may use the tools of the

trade while working with a Journeyman Electrician on the same job, and shall be registered as an Electrical Apprentice under the Apprenticeship and Industry Training Act for the Province of Alberta, prior to the commencement of work.

4.11 Employment of Apprentices (a) The Employer may request to hire starters at the discretion of the

Union and that request shall not be unduly withheld based on unemployment of first years, submitted resume and PACT registration.

(b) The Employer will consider utilizing Pre Apprentice Candidate

Training (PACT) graduates when available. The Employer’s nomination of a prospective PACT participant will be given full consideration in the PACT program selection process. If the nominated person successfully completes the PACT program the Employer has first option to hire with no restrictions. Starter Apprentices must have Union clearance prior to commencement of work.

(c) Both parties acknowledge their obligation to promote Apprenticeship

and to provide, where appropriate and practical, opportunities for employment of Apprentices. As such both parties commit to support Apprenticeship through support for the Electrical industry’s PACT (Pre-Apprenticeship Training) program and R.A.P. (Registered Apprenticeship Program), CAREERS: The Next Generation, Tradewinds, as well as other initiatives, which embody the advancement of Apprenticeship. Apprentices must have Union clearance prior to commencement of work.

(d) Providing an Apprentice has worked the required hours during a

period of Apprenticeship, an Apprentice’s next period increase will become effective commencing on the date that the Apprentice’s record book is approved by the Executive Director of Apprenticeship and Industry Training.

(e) Starter Apprentices must have Union clearance prior to

commencement of work.

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4.12 An Apprentice shall work under the supervision of a journeyman. The

ratio of Apprentices shall be one Apprentice for each two working Journeymen employed at that job site. The Employer and Union agree that the needs of plant maintenance may warrant differing Apprentice ratios than those established. The Employer and Union, therefore agree to negotiate such ratios from time to time as the conditions warrant.

4.13 The Union’s Business Manager and/or the representatives shall have

access to all jobs for inspection and safety of its members. The Union’s Business Manager and/or his representative shall make a reasonable attempt to notify the Employer’s representative before entering each job site.

4.14 The Business Manager may appoint Stewards at all Shops or jobs to

protect the jurisdiction of the Local Union. Notification of appointment of Stewards will be in writing to the Employer.

(a) Stewards shall be granted sufficient time to conduct the legitimate

business of the Union. (b) PRIOR to the termination of the Steward the Union shall be notified. (c) In the event of a layoff or reduction of the work force, it is expected

that the Steward shall remain on the job, unless mutually agreed upon by the Employer and the Union.

(d) Stewards shall be given notice prior to overtime being worked, and

where overtime is worked, he shall normally be one of the overtime crew, unless mutually agreed upon by the Employer and the Union.

(e) Stewards shall be notified or be in attendance during or prior to

termination or disciplinary action against Employees. (f) Stewards shall not be discriminated against, including the

distribution of overtime work. 4.15 Members of the Union may be given leave of absence for Union business

by consent; such consent shall not be unduly withheld.

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ARTICLE FIVE – JURISDICTION 5.01 The Employer recognizes the IBEW as having jurisdiction over the

handling, erection, installation, operation, maintenance and repair of all electrical wiring and electrical equipment used in the construction, altercation and repair of buildings, structures, bridges, conveyors, street and highway work, tunnels, subways, shafts, dams, river and harbor work, airports, mines, electrically driven draglines and shovels, all electrical raceways for electrical wires and cables, and such other work as by custom has been performed by members of the IBEW.

5.02 All electrical work as defined in Article 5.01 and all equipment, tools,

supports, materials and temporary light and power work used to accomplish such electrical work used to accomplish such electrical work shall be performed by Employees covered by this Agreement.

5.03 On any job where there is a vehicle such as a pickup, panel truck, boom

truck, etc., and these vehicles are used for transportation of Employees and/or material on the job site, and the vehicles remain on the job site in the performance of electrical work, these vehicles shall be operated by Employees covered by this Agreement.

5.04 The Employer understands that the Union’s jurisdiction, both trade and

territorial, is not a subject for negotiations but rather is determined solely within the IBEW by the International President.

ARTICLE SIX – HOURS OF WORK, SHIFTS, OVERTIME AND TERMS OF PAYMENT 6.01 (a) Eight (8) hours per day shall constitute a day's work and forty (40)

hours per week, Monday to Friday inclusive, shall constitute a week's work. The regular starting time shall be eight (8) o'clock a.m., and the regular quitting time shall be four-thirty (4:30) o'clock p.m. Start times may be staggered two (2) hours between 7:00 a.m. and 9:00 a.m. as job conditions warrant. As an option, ten (10) hours per day, Monday to Thursday or Tuesday to Friday may be worked at straight time. The ten (10) hour system must operate for a minimum period of four (4) consecutive days before it is established as the regular hours of work. Once established it becomes the regular hours of work for those so assigned.

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When establishing a four (4) day ten (10) hour work week, the Employer will advise the affected local Union office that a four (4) day ten (10) hour option is in place and declare if it is a Monday to Thursday, or Tuesday to Friday work pattern.

Where a multi trade project is scheduled under the four (4) ten (10) hour shift system and the Employer secures short term work that may not provide for forty (40) hours of work, all hours worked shall be paid for in keeping with the provisions applicable to the four (4) ten (10) hour shift.

(b) Employees working a day shift defined as a shift starting at 8:00

a.m. shall work eight (8) hours for eight (8) hours pay.

Employees working an afternoon shift defined as a shift starting after 9:00 a.m. and before 9:00 p.m. shall receive a shift premium of three dollars ($3.00) per hour for all hours worked. This amount will be increased should there be increases in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52.

Employees working a midnight shift defined as a shift starting between 9:00 p.m. and 2:00 a.m. shall receive a shift premium of three dollars ($3.00) per hour for all hours worked. This amount will be increased should there be increases in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52. Employers may opt to establish 3 shift 24 hour coverage with no overlap under the following conditions. Employees working day shift will work 8 hours for 8 hours pay. Employees working afternoon shift will work 7.5 hours for 8 hours pay and Employees working midnight shift will work 7 hours for 8 hours pay. Hourly shift premiums as established for afternoon and midnight shift will not be paid for Employees working under these conditions. The mid-shift lunch break will be of one half (1/2) hour in duration and will be unpaid. Where Employees are requested to take a shift change, as much notice as possible will be given. If eight (8) hours notice is not provided then all regular hours worked on the first shift on the new schedule will be paid at time and one-half (1-1/2).

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(c) All time worked before and after the established work day of eight

(8) or ten (10) hours, Monday through Friday and all time worked on Saturdays, Sundays and General Holidays, as listed in Article Seven of the Agreement shall be paid for at overtime rates as follows:

(i) Time and one-half (1-1/2) - first 2 hours Monday through

Friday. Double-time (2) after the first 2 hours Monday through Friday, and all hours on Saturdays, Sundays and Statutory Holidays.

(ii) Four Ten Hour Day Option:

When the four (4) ten (10) hour day option is being worked, all hours in excess of ten (10) hours on any of the four (4) days will be paid at double-time (2). When the Monday or Friday is worked, the first ten (10) hours will be at time and one-half (1-1/2) and all hours in excess of ten (10) hours will be at double-time (2).

(d) Employees shall be at their posts prepared to start work at the

regular starting time. (e) Outside of the limits established in Article 6.01 (a), by mutual

consent of the Employer and the Union, the starting and quitting times of any shift, including day work, may be changed for all or any portion of a particular job. For the purpose of this Article, the standard work day of eight (8) or ten (10) hours for the job or portion thereof to which any such change of starting time applies shall begin with such agreed starting time.

(f) Overtime Meal Breaks: When an Employee works beyond ten (10)

hours per day he shall be entitled to a meal break and a meal supplied by the Company. The meal break will be provided after ten (10) hours of work and subsequent meal breaks each four (4) hours thereafter. However, it will be the prerogative of the Employer in conjunction with the Job Steward to arrange meal breaks for efficiency and convenience of the job. When the four ten hour day option is worked, recognizing emergency situations will arise, if the Employer has not scheduled in excess of the ten (10) hour shift, the Employer shall be granted a one (1) hour extension where a meal and meal break are not required.

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When an Employee works Scheduled Overtime (work performed on Saturdays, Sundays and General Holidays) he shall be entitled to a meal break when overtime work exceeds ten (10) hours. When an Employee works Short Notice Emergency Call-Out Overtime (overtime work performed other than continuous with the regular work day or Scheduled overtime) he shall be entitled to a meal break when overtime work exceeds four (4) hours. Entitlement to subsequent meal breaks will occur at approximately four (4) hour intervals during continuing overtime. No entitlement shall occur at the conclusion of overtime. All overtime meal breaks will be thirty (30) minutes in duration and will be paid for at straight time rates. However, in calculating entitlement to a meal, the thirty (30) minute break shall not count as overtime work.

(i) When Foremen are required to:

(a) Start up to one (1) hour earlier, or

(b) Finish up to one (1) hour later, or

(c) Start up to one-half (1/2) hour earlier and finish up to one-

half (1/2) hour later than the Foreman’s crews, for the purposes of organizing work, obtaining permits or facilitating a transition to another shift, the Foreman shall not be entitled to a meal or meal break as per Article 6.01 (f) unless those provisions are applicable to the rest of the crew.

(ii) It is understood that while the best possible situation is to

provide an overtime meal and take a thirty (30) minute break at straight time rates, it is also recognized that there may be some situations where it is impractical to provide an overtime meal. When such events occur the Employer shall provide the Employees: (a) a payment of twenty-five dollars ($25.00) as a meal

allowance. (b) a payment of thirty (30) minutes at straight time rates in

lieu of the meal break: and (c) a fifteen (15) minute rest break at the applicable rate of

pay.

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Where a camp is provided, Employees will not receive the twenty-five dollars ($25.00) meal allowance where they are able to receive a camp meal at the end of their shift.

(g) Subject to Article 6.01 (a) on the establishment of a four (4) ten

(10) hour day system, any provisions regarding minimum number of days to establish afternoon or midnight shifts are not applicable under this Agreement.

(h) It is not intended that an Employee shall work more than sixteen

(16) hours in any given twenty-four (24) hour period therefore it is established that the Employee must have eight (8) continuous hours off between regular shifts or he will be paid overtime rates for all hours worked in excess of the first eight (8) until such times as he does have eight (8) continuous hours off. Time spent in site indoctrination sessions will not be counted as hours of work for the purposes of calculation of the sixteen (16) or eight (8) hours as noted above except when indoctrination is included as part of the regular work day.

6.02 Compressed Work Week (CWW) Conditions, Short Shift Conditions, Long Shift Conditions.

(a) Under this Agreement the Employer may use any approved General

President Committee (GPC) shift cycles including the Compressed Work Week and Short and Long Term conditions when at least one of the conditions below are met. (i) Upon client request to match one of their existing or requested shift cycles, or (ii) When performing long term maintenance under contract, or (iii) When the majority of the Contractors on the project have adopted such a shift, or (iv) By mutual consent if requested by the Union or by the Employer. Such consent shall not be unduly withheld.

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6.03 Compressed Work Week (CWW) Conditions (Long Term Maintenance Only)

(a) A CWW schedule may be established when it is intended to

operate the system in excess of fourteen (14) calendar days. The system may be arranged to cover continuous plant operation for seven (7) days per week.

The fourteen (14) calendar day requirement does not apply to those CWW schedules that average forty (40) hours per week, Monday to Friday. In this case, the schedule must be established for a minimum of one (1) week timeframe, Monday to Friday.

(b) Employees engaged under the CWW shift conditions must complete

fourteen (14) days or four (4) days as noted above except that when an Employee is replaced within the shift for any reason (temporarily or permanently) both the replaced Employee and the replacing Employee shall be considered as the same for determining pay conditions under this Article.

In the event that the fourteen (14) day condition is not met, pay conditions will be adjusted to pay eight (8) hours per day Monday through Friday at the Classification Basic Hourly Rate plus the applicable shift premium per Article 6.01 (b), and all hours worked after the eight (8) hours per day Monday through Friday and all hours worked on Saturday and Sunday at the applicable overtime rate.

(i) When an Employee transferred from one CWW schedule to

another CWW schedule and either schedule does not last fourteen (14) days, pay conditions will be adjusted in accordance with Article 6.03 (b) for that cycle.

It is understood that CWW schedules in Appendix A and Appendix B

have been established and such schedules may be reactivated without approval of the Union.

The Employer may request that any new shift, once established, be

added to Appendix A. (c) The standard work day may be up to twelve (12) hours of

continuous employment including lunch breaks except those breaks provided for on work days of ten (10) hours or less which will be unpaid time.

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(d) (i) All overtime worked in excess of a regularly scheduled twelve

(12), ten (10) or eight (8) hour CWW shift shall be paid at applicable overtime rates. The first ten (10) hours worked on the first schedule day off will be paid at one and one half (1 ½) times the Classification Basic Hourly Rate. All other overtime will be paid at two (2) times the Classification Basic Hourly Rate.

(ii) All hours worked on General Holidays shall be paid at two (2)

times the Compressed Work Week rate. (e) Payment for General Holidays, as listed in Article seven, shall be

subject to the following: (i) All time worked on a General Holiday shall be paid at the

applicable overtime rate but in no case shall overtime rates exceed double the hourly day rate.

(ii) A CWW shift schedule will not be cancelled and reinstated

within a cycle if the intention is to avoid payment for General Holidays. If this occurs all time worked on the first cycle after reinstitution up to a maximum of fourteen (14) days will be paid in accordance with Article 6.01.

(iii) Recognizing that CWW Employees receive General Holiday pay

based upon eight (8) hour days and on occasion CWW Employees may be required to take a General Holiday off which involves more than the contemplated eight (8) hours shift. In such cases the Employee will receive compensation for those hours above the eight (8) hours contemplated under a General Holiday when the Employee does not work.

(iv) When a General Holiday falls on an earned day off (EDO) it will

be observed for that Employee on his first regular scheduled work day.

(f) Rates for CWW schedules will be determined on the following basis: (i) The CCW rate is the rate calculated by adding the CWW overtime

rate and the CWW shift premium where applicable

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(ii) Determination of premiums for CWW rates will be calculated as

follows: CWW Shift Premiums

(ai) Number of hours on shift per cycle x number of cycles per

year = NUMBER OF HOURS ON SHIFT PER YEAR. (aii) Number of hours on shift per year x shift premium =

TOTAL SHIFT PREMIUM. (shift premium is three dollars ($3.00) per hour)

(aiii) Total shift premium divided by the number of hours in a

standard year = SHIFT PREMIMUM PER HOUR. (aiv) The shift premium on all CWW night shifts will be three

dollars ($3.00) per hour for all hours worked on night shift. CWW Overtime Rate (bi) Number of hours per cycle x number of cycles per year =

NUMBER OF ACTUAL HOURS PER YEAR. (bii) Number of actual hours per year minus number of hours in

a standard year = NUMBER OF OVERTIME HOURS PER YEAR..

(biii) Number of overtime hours per year x overtime premium x

long term rate = TOTAL OVERTIME DOLLARS (biv) Standard hours per year x long term rate plus total

overtime dollars (divided by the actual hours of work per year) = CWW OVERTIME RATE.

(ci) A year is defined as three hundred and sixty four (364)

days (52x7) (cii) A standard year is two thousand and eighty (2080) hours

(52x40) (ciii) Total hours per cycle is defined as the sum of the hours

worked on all days in a cycle.

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(civ) Number of cycles = number of days in a cycle divided into three hundred and sixty four (364)

(cv) Number of hours on shift per cycle = sum of the hours

worked on all afternoon or night shifts during a cycle (cvi) A cycle is defined as the number of days, including

scheduled days off, before the schedule repeats itself. (g) The midday lunch break of one-half (1/2) hour on work days of ten

(10) hours or less will be unpaid time. (h) On twelve (12) hour shifts when working in conjunction with the

client’s personnel the breaks provided will be the same as those scheduled for the client working the same CWW schedule in the area. In all other instances there shall be two (2) one-half (1/2) hour meal breaks per twelve hour shift.

(i) The establishment of a shift system under this Agreement shall not

affect the Employer’s ability to continue to operate regular shifts (5/8s or 4/10s) as specified in Article 6.01, Short Shift conditions as specified in Article 6.04 or Long Shift Conditions as specified in Article 6.05.

(j) It is the Employer’s prerogative to transfer Employees to other

conditions of the Agreement subject to proper payment under the new conditions.

(k) Shift changes from Day Work Conditions to CWW: (i) If an Employee has started work during a normal work week

Monday through Sunday, is then changed to a CWW schedule and not given the required earned days off, the Employee shall be paid straight time for the first forty (40) hours worked in the week at the normal applicable rate and overtime thereafter until the completion of the normal work week.

If an Employee has started work during a normal work week Monday through Sunday, is then changed to a CWW schedule and given the required earned days off, the Employee shall be paid straight time for all scheduled hours worked on the new CWW shift.

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(ii) An Employee will be given twenty-four (24) hours advance notice prior to the start of his new shift and if not then the Employee shall be paid the first shift at one and one half (1 ½) times the Classification Basic Hourly Rate.

(iii) If an Employee is given greater than the normal two (2) earned

days off on the Employee’s regular schedule due to having the shift changed to a CWW schedule, the Employee shall be paid straight time for those hours in excess of the earned days off the Employee would have otherwise worked if the shift had not been changed.

(l) Shift changes from one CWW to another CWW schedule: (i) An Employee will be given twenty-four (24) hours advance notice

prior to the start of the new shift and if not then the Employee shall be paid the first shift at one and one half (1 ½) times the Classification Basic Hourly Rate.

(ii) If an Employee loses time on the initial CWW schedule due to

having the CWW schedule changed to a new CWW schedule, the Employee shall be paid for those hours the Employee would have worked on his initial schedule up to the start of the new schedule. In no case will missed hours be paid if the Employee works forty (40) or more straight time hours in the calendar week. If less than forty (40) hours is worked in the calendar week, missed hours on the initial schedule will be paid but only to the extent that straight time hours on the new schedule in the calendar week plus hours worked on the old schedule in the calendar week plus missed hours worked on the initial schedule does not exceed forty (40) hours.

This clause (ii) will not apply if the Employee completes the regular work days on the initial schedule up to the scheduled days off, receives the scheduled days off or paid applicable overtime, and is given at least ten (10) hours of notice of shift change.

(iii) Earned Days Off on a CWW are days which are scheduled as

regular days off and are earned when regular scheduled consecutive work days immediately preceding have been worked.

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If a fraction of the regular work days are worked the same fraction of the immediately following regular days off are earned. Any fraction of a day shall be considered one day when calculating earned days off.

When an Employee is transferred to a different shift schedule all scheduled days off which have been earned must be given to the Employee prior to the start of the new schedule. If earned days off are worked they shall be considered overtime and paid the applicable overtime rate as per Article 6.01.

(m) Shift changes from CWW to Day Work Conditions: (i) An Employee will be given twenty-four (24) hours advance notice

prior to the start of the new shift and if not then the Employee shall be paid the first shift at one and one half (1 1/2) times the Classification Basic Hourly Rate.

(ii) Article 6.02 (l) (iii), Earned Days Off applies in its entirety when

amending CWW schedules to Day Work Conditions (5/8s or 4/10s).

6.04 Short Shift Conditions (Long-Term & Short-Term Maintenance) (a) A “Short” Shift System may be established when it is intended to

operate the shift for less than sixty (60) calendar days. “Short” Shifts may be established on an eight (8) or ten (10) hour per day work week arrangement pursuant to Article 6.01. Shift Employees may be scheduled on a one-shift basis: days, afternoons, midnights; two-shift basis: days-afternoons, afternoons-midnights, midnights-days, or on a three-shift basis. The establishment of a one, two or three shift system under this Article does not affect the Employer’s ability to continue to operate the standard work day or any other shift covered by this Agreement. Each shift Employee must be scheduled for three (3) consecutive work days and may be scheduled for five (5) or seven (7) days per week, except that when Saturdays, Sundays or General Holidays are worked they shall be paid at applicable overtime rates.

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Should the shift be cancelled prior to completion of the three (3) consecutive work days, affected Employees will be paid at applicable overtime rates for all hours worked outside the standard work day, as specified in Article 6.01. Employees specifically hired to work one (1) or two (2) afternoon or midnight shifts, Monday to Friday will be paid eight (8) or ten (10) hours at the Classification Basic Hourly Rate plus the applicable shift premium and the applicable overtime rate for hours worked beyond eight (8) or ten (10) hours per shift. Long Term and Short Term Employees transferred to a short shift of less than a three (3) day duration will be paid in accordance with Article 6.01.

(b) Shift premiums on short shift conditions are as follows:

Employees working a day shift defined as a shift starting at 8:00 a.m. shall work eight (8) or ten (10) hours for eight (8) or ten (10) hours pay. Employees working an afternoon shift defined as a shift commencing at 8:00 a.m. and before 9:00 p.m. or a midnight shift defined as a shift commencing between 9:00 p.m. and 2:00 a.m. will be paid a shift premium of three dollars ($3.00) per hour worked. An unpaid one half (1/2) hour lunch break will be allowed during each eight (8) or ten (10) hour shift.

(c) All time worked before or after the established work day of eight (8)

or ten (10) hours, Monday through Friday, and all time worked on Saturdays, Sundays and General Holidays, as listed in Article seven, shall be paid for at overtime rates as follows:

Short Term Maintenance & Long Term Maintenance. (i) Time and one-half (1-1/2) – first two (2) hours Monday

through Friday.

(ii) Double-time (2) after the first two (2) hours Monday through Friday, and all hours on Saturdays, Sundays and General Holidays.

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Four (4) Ten (10) Hour Day Option (iii) When the four (4) ten (10) hour day option is being

worked, all hours in excess of ten (10) hours on any of the four (4) days will be paid at double time (2). When the Monday or Friday is worked, the first ten (10) hours will be at time and one-half (1-1/2) and all hours in excess of ten (10) hours will be at double-time (2).

(d) Overtime meals on short shift conditions are as follows:

(i) When an Employee is requested to work overtime, and

the Employee works more than ten (10) hours the Employer agrees to provide a meal for his second meal break. Subsequent meals will also be provided by the Employer as near regular four (4) hour intervals as possible.

(ii) When Foremen are required to arrive at work up to ½

hour prior to the normal starting time of the shift to organize work and obtain permits, they shall not be entitled to a meal or meal break as per above unless those provisions are applicable to the rest of the crew.

(iii) The second meal break will normally be 6:30 p.m. and

subsequent meal breaks each four (4) hours after the conclusion of each thirty minute meal break. However, it will be the prerogative of the Employer, in conjunction with the Shop Steward, to arrange meal breaks for efficiency and convenience of the job.

(iv) The Employee will be allowed a thirty (30) minute

meal break at straight time pay in which to eat the meal, except that no payment will be made for the noon break on Saturdays, Sundays and General Holidays.

(e) When shift schedules are to be changed, except as noted in Article

6.04 (f) below, such Employees will be given twenty four (24) hours advance notice and if less than twenty four (24) hours advance notice is given, the first shift worked on the new schedule will be paid at one and one half (1 ½) the Classification Basic Hourly Rate.

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(f) When shift schedules are being revised to return the Employee to

the normal work schedule, the twenty four (24) hours advance notice requirement of Article 6.04 (e) above will not apply. In place, the Employee must be notified at the start of the shift, that the Employee is to return to the normal work schedule and must have an eight (8) hour break, or rest period between the completion of the shift and the start of the normal work schedule.

In the situation where the eight (8) hour break or rest period does not allow the return to work at the normal starting time, the provisions of Article 6.06 on minimum pay and reporting time apply.

6.05 (a) Long Shift Conditions (Long Term Maintenance Only)

A “Long” shift system may be established when it is intended to operate the shift in excess of sixty (60) calendar days. “Long” shifts may be established on an eight (8) or ten (10) hour per day work week arrangement pursuant to Article 6.01 (a).

Shift Employees may be scheduled on a one-shift basis: days, afternoons, midnights; two-shift basis: days-afternoons, afternoons – midnights, midnights-days, or on a three-shift basis. Each shift Employee must be scheduled for three (3) consecutive work days (5-8’s) or four (4) consecutive work days (4-10’s) and may be scheduled for four, when working the four (4) ten (10) hour option, five (5) or seven (7) days per week.

The establishment of a one (1), two (2), or three (3) shift system under this Article shall not affect the Employer’s ability to continue to operate regular Day Work Conditions or Short Shift Conditions for those Employees so assigned.

The above Employees are those who are assigned to a scheduled shift unit which will run for a minimum period of sixty (60) days and will be scheduled to cover continuous plant operation for five (5) or seven (7) days per week.

Employees engaged under the long shift conditions must complete sixty (60) days on shift except that when an Employee is replaced within the shift for any reason (temporarily or permanently) both the replaced Employee and the replacing Employee shall be considered as the same for determining pay conditions under this Article.

In the event that the sixty (60) day conditions are not met, pay conditions will be adjusted to pay conditions for short shifts.

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(b) The above Employees will have two (2) consecutive days off per week in lieu of Saturday and Sunday.

(c) When shift schedules are to be changed such Employees will be given twenty four (24) hours advance notice and if less than twenty four (24) hours advance notice is given the first shift worked on the new schedule will be paid at one and one half (1 ½) times the Classification Basic Hourly Rate.

(d) Shift premiums will be three dollars ($3.00) per hour for afternoon and midnight shift.

(e) The standard work day shall be eight (8) or ten (10) hours of employment. A one half (1/2) hour unpaid lunch period will be provided. No shift Employee shall leave duty until relieved at their regular place of work without the permission of his supervisor.

(f) Long Shift Overtime

(i) The first two (2) hours worked in excess of eight (8) hours in

any given twenty four (24) hour period will be paid at one and one half ( 1 ½) times the Classification Basic Hourly Rate.

(ii) All time worked after the first two (2) overtime hours in any given twenty four (24) hour period and all time worked on the first and second scheduled day off shall be paid at two (2) times the Classification Basic Hourly Rate.

(iii) When the four (4) ten (10) hour day option is being worked, all

hours in excess of ten (10) hours on any of the four (4)days will be paid at two (2) times the Classification Basic Hourly Rate. When the Monday or Friday is worked, the first ten (10) hours will be paid at one and one half (1 ½) times the Classification Basic Hourly Rate, and all hours in excess of ten (10) hours will be at two (2) times the Classification Basic Hourly Rate.

In no case shall overtime rates exceed two (2) times the Classification Basic Hourly Rate.

(g) Payment for General Holidays as listed in Article Seven shall be

subject to the following: Payment for General Holidays shall be at two (2) times the Classification Basic Hourly Rate but in no case shall overtime rates exceed two (2) times the Classification Basic Hourly Rate.

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If a General Holiday falls on Sunday it will be celebrated on the day proclaimed. The day recognized as the General Holiday by such practice will, for the purpose of computing premium pay, be considered a holiday under this Agreement. When this occurs and Sunday is worked by Long-Term shift Employees as part of their scheduled work week, they will not receive holiday premium pay for that day.

6.06 Work Not Available (a) When an Employee reports to work and is not given the opportunity

to work because none is available or was not advised before the completion of the previous day’s work, the Employee shall be paid two (2) hours reporting and allowed to leave the job immediately.

(b) (i) If an Employee has started to work on their regular eight (8)

hour shift they shall be paid not less than four (4) hours pay. When the Employee works more than four (4) hours but less than eight (8) hours on their regular shift the Employee shall be paid a minimum of ten (8) hours pay.

(ii) If an Employee has started to work on their regular ten (10) hour

shift they shall be paid not less than five (5) hours pay. When the Employee works more than five (5) hours but less than ten (10) hours on their regular shift the Employee shall be paid a minimum of ten (10) hours pay.

(iii) If an Employee has started to work their regular twelve (12)

hour shift they shall be paid not less than six (6) hours pay. When the Employee works more than six (6) hours but less than twelve (12) hours on their regular shift the Employee shall be paid a minimum of twelve (12) hours pay.

6.07 Stand-by Duty – Scheduled Days Off

Whenever an Employee is scheduled for standby duty the Employee will be reimbursed with two (2) hours pay at two (2) times the Classification Basic Hourly Rate for each period of duty. Each standby period will not exceed twenty four (24) consecutive hours, and not more than three (3) consecutive standby periods will be permitted. Standby duty means that an Employee agrees to be available on call during the period. The names of persons on standby duty will be posted.

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6.08 Call-ins

(a) When an Employee is called in to work on a scheduled day off or a holiday, the Employee shall be paid a minimum of two (2) hours pay at two (2) times the Classification Basic Hourly Rate. A separate premium of one and one half (1 ½) hours at the Classification Basic Hourly Rate, will be paid for call-ins over and above the minimum established in this Article. This separate premium will be one (1) hour at straight time for those Employees accommodated in a camp adjacent to the site. The Employer will designate those adjacent camps and Employees will be so notified.

When the 4 x 10 schedule Tuesday to Friday is employed on a ten and four rotation and the Employee is called into work on the straight time day (Friday of the second week) the Employee will be paid straight time rates for hours falling within the normal work day but will be entitled to the additional allowance of 1 or 1 ½ hours respectively.

(b) Employee will receive minimum of two (2) hours pay for all call-ins regardless of time or duration except that total call-in pay within a given eight (8) hour period shall not exceed normal overtime pay for that eight (8) hour period.

(c) Call-ins which immediately precede and become continuous with the regular work day will be paid as follows:

(i) Minimum of two (2) hours pay at two (2) times the Classification Basic Hourly Rate.

(ii) Overtime rate for any hours worked in excess of two (2) hours up to starting time or the Employees’ regular work day.

(iii) At normal starting time of the Employees regular work day, pay shall revert to appropriate pay for that day.

(d) (i) When an Employee is advised prior to completion of a shift or work day or provided eight (8) hours notice after completion of a shift or work day, to report early for succeeding shift or work day, such work is not considered “Call-in”, but will be paid at the applicable overtime rate without regard to minimum pay.

(ii) When an Employee is advised prior to completion of a shift or work day or provided eight (8) hours notice after completion of a shift or work day, to report back and does report for work at a specific time between shifts or on a scheduled day off, such work is not considered “Call-in” but will be paid a minimum of two (2) hours at the applicable overtime rate.

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(e) It is not intended that an Employee shall work more than sixteen

(16) hours in any given twenty four (24) hour period, therefore, it should be established that an Employee must have at least eight (8) continuous hours off between regular shifts or the Employee will be paid overtime rates for all hours worked in excess of the first (8) hours, until such time as the Employee does have eight (8) continuous hours off. This shall be established as a Project Rule and it shall be the supervisor’s responsibility to verify the returning time with any Employee working in excess of sixteen (16) hours or returning between shifts on “Call-ins” to ascertain that the Employee does receive the eight (8) hours off or is paid correctly.

(f) It is the intent of this clause that no Employee shall lose pay on a

normal shift due to taking the required eight (8) hour break. CALL-IN EXAMPLES:

CASE I An Employee who works from 8:00 AM to 4:30 PM and is called in at 1:00 AM and works until 3:30 AM then resumes their regular shift at 8:00 AM, would be paid overtime for the hours worked from 1:00 AM to 3:30 AM but would be on straight time for 8:00 AM. The Employee had a continuous eight (8) hour break between the end of one regular shift (4:30 PM to 1:00 AM) and the beginning of the next. CASE II An Employee who works from 8:00 AM to 4:30 PM, and is called in at 11:00 PM and works until 2:00 AM, then resumes their regular shift at 8:00 AM, thus has not had a continuous eight (8) hour break between the end of one shift and the beginning of the next. The Employee is entitled to overtime from 8:00AM onwards until an eight (8) hour break occurs, or alternately and preferably the Employee may be instructed not to report until 10:00 AM, i.e., so that the Employee has an eight (8) hour break. In this event the “2, 4, 8 hour” pay Article 6.08 would apply and the Employee would receive 8 hours pay for that day even though he reported back to work at 10:00 a.m. For call-ins on Sunday, which precede and may become continuous with the regular work day Monday morning, the following rules will apply.

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(i) The Employee must have eight (8) continuous hours off in the twenty four (24) hour period immediately preceding 8:00 AM Monday morning.

(ii) The Employee should not work more than sixteen (16) hours

without an eight (8) hour break. CASE III Therefore, if an Employee is called in at 4:00 PM Sunday and works until 1:15 AM, the Employee should report for work at 8:00 AM and be paid at the Classification Basic Hourly Rate as the Employee had an eight (8) hour break in the twenty four (24) hour period preceding 8:00AM Monday.

CASE IV An Employee should not work more than sixteen (16) hours and must take an eight (8) hour break before continuing work. Therefore, an Employee called in at 7:00 PM Sunday could work until 11:00 AM Monday, sixteen (16) hours. The Employee would be paid two (2) times the Classification Basic Hourly Rate from 7:00 PM until 8:00 AM. The Employee would revert to the Classification Basic Hourly Rate at 8:00 AM, until 11:00 AM. The Employee would then be sent home at 11:00 AM and paid eight (8) hours for Monday (8:00 AM to 4:30 PM). Employees working long call-ins that approach regular starting time on Monday, should be given the option of remaining at work and taking advantage of the sixteen (16) hour rule. In other words, it is unfair to send the Employee home at 7:00 AM after working ten (10) hours, and expect the Employee to be back at 8:00 AM to be paid at the Classification Basic Wage Rate.

CASE V In another case an Employee is called in at 2:00 PM on Sunday and works until 2:00 AM. The Employee would be instructed to take eight (8) hours break and report at 10:00 AM Monday and be paid for the day at the Classification Basic Hourly Rate, as the Employee did not have a continuous eight (8) hour break in the twenty four (24) hour period from 8:00 AM Sunday to 8:00 AM Monday.

6.09 Inclement Weather

When an Employee reports to work and cannot work because of inclement weather they shall be paid two (2) hours reporting time and the Employee must remain on the job for the two (2) hour period unless otherwise instructed be the Employer.

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6.10 Payment of Wages (a) Wages shall be paid weekly on the last regular workday (Thursday or

Friday) during working hours on the job. No more than Five (5) days pay shall be withheld. All Employees shall receive a statement of all earnings and deductions with each pay and/or pay cheque. Employers shall have the option to pay by payroll cheque or to pay by direct deposit to the bank account of the Employees choice. Where direct deposit is used, Employees will be provided with pay summaries on pay day which can be sent by fax to out of town jobs if necessary. Should an Employee, due to his inability to get a bank account, not be able to provide the Employer with their bank account number or void cheque, this shall not be considered to be a condition of employment. When Direct Deposit is utilized it is understood that bank confirmation of the transaction will fulfill Employer payroll obligations.

(b) If the regular pay day falls on a General Holiday all pay cheques and

statement of earnings and deduction shall be given to the Employee the day preceding the Holiday.

(c) (i) The Employer agrees to make every reasonable effort to correct

errors and/or omissions on the Employee’s pay in a timely manner. The Employer agrees to make the necessary and correct adjustments to the Employee’s pay by the next regular pay day, provided that the Employee has notified the Employer of these errors and/or omissions at least three (3) working days prior to the next regular pay day.

(ii) If the errors and/or omissions in the Employee’s pay result in a

shortage of ten (10) hours or more pay as agreed to by both parties and the Employer fails to make the proper and correct adjustments by the next regular pay day as required in (c)(i) above, the Employer shall pay a late pay penalty of two (2) hours per day for each day that these corrections are not correctly made. For the purposes of this clause if the Employee has not notified the Employer of these errors and/or omissions at least three (3) working days prior to the next regular pay day, then no late pay penalty shall be applicable until such notice has been given.

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6.11 On Termination of Employment (a) (i) Pay cheques, record of employment, vacation pay and General

Holiday pay, shall be given to the Employee at the time of layoff by the Employer. In the case where the Employer has not established a pay office on the jobsite, upon discharge or voluntary termination of employment, the Employer will arrange for delivery by express post or other traceable means Pay cheques, Record of Employment, Vacation Pay and General Holiday to the Employee or to the Employee’s mailing address within three (3) working days exclusive of Saturdays, Sundays and General Holidays. The end of the day is midnight for purposes of this clause.

(ii) If the Employer does not provide the pay cheque as per (a) (i)

above, the Employer shall pay a late pay penalty of Two (2) hours per day for each day the Employer is late providing the pay cheque. To qualify for the late pay penalty, the Employee must notify the Employer within Ten (10) days following the day of termination that he has not yet received his pay cheque.

(iii) For the purposes of (i) and (ii) above: On the Monday through

Friday work week schedule of Five (5) Eight (8) hour days (5/8’s) Saturdays, Sundays and General Holidays are excluded and on the Monday through Thursday work week schedule of Four (4) Ten (10) hour days (4/10’s) Fridays, Saturdays, Sundays and General Holidays are excluded.

(iv) When Direct Deposit is utilized it is understood that bank

confirmation of the transaction will fulfill Employer payroll obligations.

(b) The Apprenticeship record, if not in the possession of the Employer at

the time of termination, shall be forwarded, upon receipt, without delay to the Union office.

(c) Not less than One (1) hour’s pack up time for personal tools and

belongings shall be granted upon layoff. (d) Not less than Two (2) hour’s pack up time for personal tools, clothing

and Camp checkout shall be granted upon layoff on jobs located outside the Free Zone of Edmonton or Calgary.

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(e) Should an Employee be laid off on their scheduled days off, rotational leave, approved leave of absence or furlough the Employer shall attempt to contact and notify the Employee of such layoff using the contact information provided by the Employee to the Employer.

If the Employer is successful in advising the Employee of such a layoff, they shall be responsible for all costs associated with and the site packaging and transportation of the Employee’s personal tools to the Employee’s address or the chosen destination as made by the Employee.

Failure to comply with this Article within three (3) working days of successfully contacting the Employee, for the scheduled shift the Employee was working, will result in a late penalty of one hundred dollars ($100.00) per day for every day the Employer remains in violation of this Article up to a maximum of four hundred dollars ($400.00). The Employer will be deemed in compliance with this Article upon production of a pre-paid, time stamped waybill verifying shipment of the tools.

ARTICLE SEVEN - GENERAL HOLIDAYS 7.01 (a) All time worked on the following holidays shall be paid at the rate of

double time. New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday (1st Monday in August), Labour Day, Thanksgiving Day, Remembrance Day, Christmas and Boxing Day.

(b) Should any of the above listed holidays occur on a Saturday or

Sunday, such holiday shall be observed on the preceding Friday or on the Monday following unless changed by mutual Agreement between the Employer and the Union Representative.

(i) When the four (4) ten (10) hour day option is being worked and

a Holiday falls during the normal work week the maximum of thirty (30) hours per week shall form the basis of maximum straight time.

(ii) Holiday Observance Clarification:

When working the five (5) x eight (8) hour work week and the recognized holiday falls in the work week the holiday is observed on the day it falls. If the holiday falls on Saturday or Sunday, it is moved to the preceding Friday or the following Monday.

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When working the four (4) x ten (10) hour work week and the recognized holiday falls in the work week it will be observed on the day it falls. When working the four (4) x ten (10) hour work week Monday to Thursday and the recognized holiday falls on the Friday it will be moved to the preceding Thursday. Thursday is the double time day and Friday is the time and one-half day. If the holiday falls on Saturday or Sunday, it is moved to the following Monday. When working the four (4) x ten (10) hour work week Tuesday to Friday and the holiday falls on the Monday it is observed on the Tuesday. If it falls on Saturday or Sunday, it is observed on the preceding Friday or on the following Tuesday. The Employer will post the date to be observed no later than seven (7) days prior to the holiday. In order to harmonize (client, multi-Employer) observance on maintenance sites the Employer may make a request to the Union within fourteen (14) days of the holiday to establish another day to be observed other than those noted above.

(c) Work shall not be performed on Labour Day excepting for the

protection of life and property. ARTICLE EIGHT - TRAVEL AND SUBSISTENCE: 8.01 (a) Daily Travel:

On those projects that are located between forty-five (45) radius kilometers to one hundred and twenty (120) radius kilometers from Edmonton and/or Calgary City Hall(s) or other Hiring Hall locations, the company shall supply suitable transportation to and from the project and mutually agreed to pick-up points.

Alternatively, the company shall pay to each Employee a transportation cost at the rate of fifty cents ($0.50) per road kilometer for each day worked or reported for work, from the edge of the forty-five (45) radius kilometer free zone to the project and return.

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If the Construction Coordinating Committee and the Alberta Building Trades adjust the vehicle allowance amount such adjustment will apply in this Agreement.

(b) Accommodation Allowance:

Subsistence will be paid or camp provided or accommodation provided on projects which are more than one hundred and twenty (120) radius kilometers from the City Hall(s) of Edmonton and Calgary or other Hiring Hall locations. Subsistence will be paid at a rate of one hundred and ten dollars ($110.00) per day worked or reported for inclusive of GST. In the following areas, subsistence will be paid at a rate per day worked or reported for as noted: Athabasca $140.00 inclusive of GST Bonnyville/Cold Lake $135.00 inclusive of GST Camrose/ Stettler/Wainwright $120.00 inclusive of GST Canmore/Exshaw $155.00 inclusive of GST Drayton Valley/Hardisty $120.00 inclusive of GST Drumheller/Hinton $135.00 inclusive of GST Edson/Fox Creek/Red Deer $125.00 inclusive of GST Fort McMurray $195.00 inclusive of GST Grande Prairie/Hanna $130.00 inclusive of GST Lloydminster $145.00 inclusive of GST Peace River $150.00 inclusive of GST Pincher Creek/Waterton $140.00 inclusive of GST Swan Hills $115.00 inclusive of GST Whitecourt $130.00 inclusive of GST On sites which are four hundred and seventy-five (475) radius kilometers plus as noted above, subsistence will be paid on a seven (7) day per week basis. Forfeiture of subsistence allowance due to absenteeism may be waived if the reason for absence is acceptable to the Employer. On a subsistence project, Employees not residing in the area where the project is located will be eligible to receive one additional day of subsistence for either the day before commencing work or the day after completing the work assignment, where the project is greater than two hundred (200) road kilometers from the City Hall(s) of Edmonton and Calgary, or other Hiring Hall locations. This payment will be made for the preceding or succeeding day where substantiated by verifiable proof that accommodation was used (i.e. receipt or registration verification).

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When an Employee is directed or dispatched to work on a project in an area where all available accommodation is inflated in price, the Employer will provide suitable room and board or the subsistence allowance shall be reviewed and, if necessary, adjusted by the following procedure:

Either the subsistence allowance can be adjusted by mutual consent between the Employer and the Union, or a balanced committee from the Union and ECAA Labour Relations Committee shall review the cost of hotel and meals and set a rate or adjust a rate to reasonably cover the costs. The committee shall make a final and binding decision within Five (5) days from the date of referral. Should conditions warrant the payment of a greater amount, or where agreed on at a pre-job conference, then such amount shall prevail and be paid.

Re: Subsistence Allowance Assistance: The Parties hereto agree that attempts would be made to deal with Employees requiring assistance in paying for their lodging on subsistence jobs. It is agreed by the Parties that: (i) The Employer, where requested by both the Employee and

the Business Manager of the Union, would either:

(a) guarantee or pay for the room with the lodging in place at an amount not to exceed the daily subsistence rate, until the Employee receives his first pay cheque or completes the assignment, whichever occurs first. or

(b) provide the Employee with "an advance", based on the subsistence allowance for the time period stated in (a), which will be deducted from the first pay cheque.

(ii) All requests for subsistence advances shall be confirmed in writing by the Local Union Business Manager or his designee at the time of referral. It is acknowledged that the Business Manager will only make this request where he is aware of a legitimate need for such advances.

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(iii) This arrangement does not apply where a camp is

available. It is understood that a request herein shall not be subject to either grievance or arbitration. The Employer is expected to act in a fashion that meets the intent of this Policy to the best of his ability under the circumstances.

(c) On jobs located outside the Free Zone when Employees do not

return daily to the Free Zone the Employer shall pay travel allowance for initial travel and transportation to the project and return subject to the conditions below, based upon a radius from the cities of Edmonton or Calgary, as applicable, as follows: 120-200 Radius Kilometers $84.00 each way, 201-300 Radius Kilometers $120.00 each way, 301-375 Radius Kilometers $144.00 each way, 376-475 Plus Radius Kilometers $216.00 each way, or actual airfare if suitable proof of air transport is provided to the Employer. On jobs beyond the four hundred and seventy-five (475) radius kilometers initial and terminal travel amounts will be mutually agreed between the Union and the Employer to a maximum of $330.00 each way or airfare if suitable proof of air transport is provided to the Employer. Initial travel amounts will be paid after fifteen (15) calendar days on the job or at lay-off. Terminal travel will be paid at lay-off. Employees who quit or are terminated for cause prior to the entitlement payment of either initial or terminal amounts are not entitled to any travel payments outstanding. Changes to initial and terminal travel allowances in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52 will apply to this Agreement.

(d) Clients may initiate Site Incentive Policies for the Employees of client

Contractors. Such incentives will apply to Employees working under this Agreement upon approval of the client.

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8.02 (a) On a subsistence project, Employees residing in the area where the

project is located will not be eligible for Accommodation Allowance and initial/terminal travel but will receive daily travel payments pursuant to Article 8.01 (a) if they reside outside a forty-five (45) radius kilometer free zone around the project. On a subsistence project, Employees domiciled outside a forty-five (45) radius kilometer zone around the job will be provided transportation to and from the job or paid fifty cents ($0.50) per road kilometer for each day worked or reported for work, from the edge of the free zone to the temporary domicile and return. Subsequent amounts will be governed by the provisions of Article 8.01 (a).

(b) In Ft. McMurray:

Ft. McMurray Local Residents or those Employees accommodated in Ft. McMurray will be provided with transportation to and from the jobsite by the Employer.

Employees transported to the Syncrude Aurora Site from Ft. McMurray will receive a twenty-six dollars and sixty cents ($26.60) per day inconvenience allowance. Employees transported to the Albian Sands Site from Ft. McMurray will receive a twenty-four dollars and forty cents ($24.40) per day inconvenience allowance. Employees transported to the CNRL Site from Ft. McMurray will receive a twenty-seven dollars and fifty cents ($27.50) per day inconvenience allowance. Employees transported to the Opti Nexen Site from Ft. McMurray will receive a twenty-four dollars and twenty cents ($24.20) per day inconvenience allowance. In the event that any of the client companies above adjust their inconvenience allowance, the parties will meet to deal with the situation.

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8.03 Local Resident

Local Residents will be given preference for hire. Local Residents are not entitled to initial and return Travel Allowance and accommodation. A Local Resident is a member of the Union and has resided within a Seventy Five (75) kilometer radius of the center of a job site which is beyond daily commuting distance from Edmonton or Calgary and whose principle residence is the place where he/she, in the settled routine of his/her life, regularly, normally or customarily lives, with the underlying premise that everyone must be resident somewhere. Residency shall be determined as per Local Union Hiring Procedures and shall be validated upon request.

8.04 When Employer supplied transportation is delayed while transporting

Employees to work, Employees affected shall be paid for this delayed time at the Classification Basic Hourly Rate of pay to a maximum of two (2) hours. Delays caused by inclement weather do not apply.

8.05 Where an Employer is required to supply transportation, such

transportation: (a) Means one half (½) ton truck, passenger van, taxis, coach bus or

commercial airplane service. (b) Means of transport must be safe and in proper mechanical

condition, clean and sanitary condition, with adequate seating and driven by a qualified driver with required insurance.

(c) Pickup points shall be mutually agreed upon. Where it is not

practical for an Employer to supply transportation when required above, Employees shall receive fifty cents ($0.50) per kilometer for the return trip traveled over the shortest, reasonable and viable route between the edge of the Free Zone and the job site, in lieu of transportation.

(d) Employees who are transported to a job site but who refuse to start

work at the prescribed time due to a picket line or other form of Labour Relations Dispute will not be paid transportation or travel allowance for that day.

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(e) If an Employee is required by the Employer to move from one job to another during a regular day’s work, the Employer shall provide the transportation or pay vehicle allowance at the rate of fifty cents ($0.50) per kilometre travelled if the Employee uses their own vehicle. The Employee shall not suffer any loss of pay as a result of transferring between projects during a regular day’s work.

(f) Employees required to travel out of a city or town to another job

after working a regular days work or shift, and before an eight (8) hour break occurs, shall be paid for all time travelled at the rate of one and one half (1½) times the Classification Basic Hourly Rate. If still travelling the following day, the Employee shall be paid the Classification Basic Hourly Rate for time travelled during the regular day’s work.

(g) If the Construction Coordinating Committee and the Alberta Building Trades adjust the vehicle allowance amount such adjustment will apply in this Agreement.

8.06 Employees operating Employer supplied transportation will be paid a

minimum of one and one half (1 ½) hours per day when such transportation is a vehicle with more than three (3) passengers which includes the driver. Where transportation is provided by and available from the client this clause will not apply.

8.07 On jobs located outside the Free Zone, for the purpose of calculating

contributions to the Electrical Industry Benefit Trust Funds as contained in Article Eleven of this Agreement, traveling time outside of a regular day’s work shall not be considered as time worked.

ARTICLE NINE - FOREMEN AND WORKING CONDITIONS 9.01 Crew Size, Supervision and Foremen

The crew size shall be any number of Employees required to safely perform the work and shall be increased at the discretion of the Employer. The designation and determination of the number of Foremen on maintenance work shall be the prerogative of the Employer. Foremen may be requested to work with the tools, when in the Employer’s opinion, it is advisable.

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9.02 Protective Clothing (a) All Employees shall at all times be bound by the Safety Rules and

Regulations as established by the Employer, Owner and Occupational Health and Safety Act. These rules and regulations are to be published at conspicuous places throughout the job. The Employer will provide to Employees such items of safety equipment and apparel as required by these Safety Rules and Regulations.

(b) The company on request will issue up to two (2) pairs of coveralls to

long term Employees each twelve (12) months. Cleaning of these coveralls will be the responsibility of the Employer. All such clothing when issued by the Employer will be worn during on the job activity, and will remain Employer property and must be returned before leaving the jobsite. Rules and regulations governing the issue, cleaning and return of such clothing will be published at a conspicuous location on the job.

(c) The Employer accepts the responsibility to provide coveralls and all

necessary protective clothing required for working conditions which are exceptional or would lead to speedier deterioration of personal clothing, than under normal or usually accepted working conditions.

(d) Fire retardant coveralls will be provided on all projects in operating

plants, and fire retardant parkas will be provided between the months of October through March.

(e) The Employer will provide a separate area for Employees to remove

and store coveralls, work clothing, etc. prior to entering lunch rooms.

9.03 The Employer will provide adequate rain jackets, rain pants and rubber

boots when the Employee is required to work in the rain. The Employer will provide rubber boots when the Employee is required to work in water or severe muddy conditions.

9.04 The Employer shall, when making reductions to the work force, use the

following sequence in each classification: • Non members of the IBEW • Members of other IBEW Local Unions • Members of the Union.

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9.05 Welding Tests (a) If the Employer requires a welder’s test that is different from the

Alberta Government requirements, the Employer shall pay for the test. (b) For successful candidates the Employer shall also pay, the cost of the

test, plus the hours at the Classification Basic Hourly Rate, for the time to take the test, plus (if applicable) all travel time, travel expenses and subsistence.

(c) The successful candidate agrees to start working for the Employer or

forfeit all costs and payments in (b) above. (d) Canadian Welding Bureau (CWB) – Testing and Certification

Whereas both parties recognize the need to have CWB certified welders available to go to work on short notice upon clearing Local Union 424 dispatch, the following system is established for member welders to obtain practice time and CWB certification.

(i) Local Union 424 has been approved to provide CWB certification for its members.

(ii) Local Union 424 has Agreements with practice/testing facilities in Edmonton, Calgary and Ft McMurray to provide practice time and testing for CWB certification. Please contact the nearest IBEW 424 training center to obtain detailed information as to practice/testing facility locations.

(iii) These practice/testing facilities will invoice the Electrical Industry Training Centre for practice time. The cost of the practice time will be guaranteed with a promissory note from Local Union 424. The limits set out in the Training Centre policy will remain. Any changes in those limits will be subject to approval by the Board of Trustees for the Electrical Industry Education Trust Fund of Alberta. A provision will be added to the existing application form that the applicant shall successfully complete the test at one of the approved practice/testing facilities.

(iv) The initial CWB test will be paid for by the ECAA (at the applicable rates as established with the approved facilities) through the Electrical Contractors Industry Fund. If a welder fails the initial test, he/she is responsible for any additional costs required to obtain the certification.

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(v) It is the welder’s responsibility to re-test when required to

maintain his/her CWB certification. Providing the welder re-tests in a timely manner, the ECAA will pay for the “check” test (at the applicable rates as established with the approved facilities) required for recertification. If a welder fails the “check” test he/she is responsible for any additional costs required to obtain that recertification.

(vi) Upon successful completion of test or retest and whether a welder is employed or not, Local Union 424 will issue the CWB certification. Certification is valid for 2 years.

(vii) The Electrical Industry Training Centre will track CWB certification for welders and notify Local Union 424 well in advance of their CWB certification expiry date.

(viii) Local Union 424 will notify the member of his/her need to re-

test.

(ix) For existing Employees requiring the “check” test, the Employer shall also pay at the Classification Basic Hourly Rate for the time to take the test, plus if applicable, all travel time or travel allowance, travel expenses and subsistence, at a location and time as determined by the Employer.

The Employer and Union recognize this Article 9.05 (d) may be amended from time to time by the Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, as the parties to the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52, with mutual consent.

ARTICLE TEN - WAGES AND BENEFITS

10.01 (a) Wages shall be based on a Journeyman Basic Hourly Rate of seventy five cents ($0.75) less than the Journeyman Basic Hourly Rate contained in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52. For Ft. McMurray Projects only, Maintenance Base Rates will be set at 100% of Construction Base Rates plus 100% of appropriate benefits.

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General Holiday Pay shall be Four Percent (4%) of the Employee’s total gross wages, and shall be paid each pay period with the Employee’s regular pay. Such total gross wages shall be deemed to include straight time hours, overtime hours, premium time hours and travel time hours. Vacation Pay shall be Six Per Cent (6%) of the Employee’s total gross wages, and shall be paid each pay period with the Employee’s regular pay. Such total gross wages shall be deemed to include straight time hours, overtime hours, premium time hours and travel hours.

(b) Journeyman includes Electrician (Inside Wireman), Power Systems

Electrician, Welder, Instrument Technician, Lineman and Operator (Equipment).

(c) The contributions to the “Electrical Industry Insurance Benefit Trust

Fund of Alberta” (Article 11.01), “Electrical Industry Pension Trust Fund of Alberta” (Article 11.02), “Electrical Industry Education Trust Fund of Alberta” (Article 11.03) and “Electrical Industry Enhancement Program of Alberta” (Article 11.04) plans shall be one hundred percent (100%) of the contributions contained in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52.

(d) Sub-Foreman, Foreman and General Foreman who have completed

Better Supervision, Leadership in Safety Excellence and hold the ICCS (Industrial Construction Crew Supervisor) designation shall be paid an additional premium of one dollar ($1.00) per hour to the basic hourly rates.

10.02 Payroll deduction (a) The Employer agrees to deduct additional monthly Union dues from

every Employee covered by the terms of this Agreement for every hour worked and to forward the same to the Union as per Article 11.04. (i) Union dues (Article 4.08)

Additional Union Dues - $0.06/hour worked (Article 4.08 & 11.04 (c) (i))

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(b) The Employer agrees to deduct an additional R.R.S.P. deduction from the classification of Employees as identified in the Electrical Industry Enhancement Program as per Article 11.04(c)(ii).

(i) R.R.S.P. Deduction - $1.00/hour worked (Gen. Foreman, Foreman, Sub-Foreman & Journeyman) Article 11.04 (c) (ii)

10.03 Industry contributions The contributions to the ECAA Industry Fund and RSAP shall be one

hundred percent (100%) of the contributions contained in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52.

(a) ECAA Industry Fund - $0.10/hour worked (Article 14) effective

May 06, 2012. (b) RSAP - $0.09/hour worked (Article 13) effective May 06, 2012. 10.04 U.S. Employees Health and Welfare Contributions

Whereas the Parties mutually desire to encourage and facilitate members of the International Brotherhood of Electrical Workers in the United States of America (hereinafter “U.S. Employees”) to come to Alberta to work for Contractors bound by the Collective Agreement, and Whereas the Parties have agreed that it is necessary to modify said Agreement with respect to Employees traveling from the United States who are Participants of Health and Welfare Trust Funds in the United States, and Now Therefore it is Agreed between the parties hereto as follows: (i) The Employer shall continue to contribute the amounts set forth in

Articles 11.01(c) & 11.02(c) of the Collective Agreement in respect of each and every hour worked by a U.S. Employee, however, the contributions set forth in Articles 11.01(c) and 11.02(c) shall be combined as one Health and Welfare contribution and remitted by the Employer to Employee Benefit Funds Administration Ltd. (“EBFA”) to be forwarded to the U.S. Employees’ home health and welfare fund through reciprocity Agreement(s).

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(ii) The Employer’s liability is limited to remitting the combined

contributions as one Health & Welfare contribution to EBFA. EBFA’s liability is limited to forwarding the Health & Welfare contributions received by it (and only those received by it) with respect to U.S. Employees to the U.S. Employees’ home health and welfare fund(s) in accordance with the reciprocity Agreement(s). There shall be no liability with respect to the remittances by the Employers or by EBFA on the Trustees of the Electrical Industry Insurance Benefit Trust Fund of Alberta or the Trustees of the Electrical Industry Pension Trust Fund of Alberta.

(iii) Except as specifically amended above, all other provisions of the

Collective Agreement are applicable. (iv) This Letter of Understanding applies only to U.S. Employees working

in Alberta who are not members of IBEW Local Union 424 and ceases to apply to U.S. Employees who join IBEW Local Union 424 effective on the first of the month following their acceptance into IBEW Local Union 424’s membership.

ARTICLE ELEVEN - ELECTRICAL INDUSTRY BENEFITS 11.01 Insurance Benefit Plan (a) The Parties hereto acknowledge the “Electrical Industry Insurance

Benefit Trust Fund of Alberta”, such Fund having been constituted by Trust Agreement dated April 1, 1971, as amended from time to time, entered into between the Electrical Contractors Association of Alberta, of the first part, and Local Union 424, IBEW, of the second part. The Parties hereto agree to be bound by the terms of the said Trust Agreement as amended from time to time by the Trustees appointed from time to time thereunder. It is agreed that the Trustees of the said Fund shall serve as Trustees in accordance with the terms of the said Trust Agreement.

(b) The Employer bound by this Collective Bargaining Agreement shall

contribute to the said Fund at the hourly rates set out in sub-clause (c) of this Article 11.01, such rates being for each and every hour worked by any Employee under the job classifications set out in this Collective Bargaining Agreement. Such contributions are to be made solely by the Employer and no Employer shall deduct such contributions or any portion thereof from an Employee’s wages.

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Such contributions are in excess of the wage rates set out in this Collective Bargaining Agreement and do not constitute a payment of wages or any portion of a payment of wages. Upon the wages of an Employee becoming due, the said contributions shall be calculated by the Employer for all hours worked by all Employees in the said classifications in a month, and a report listing the names of the Employees so credited shall be forwarded by the Employer to the said Fund to be received on or before the Fifteenth (l5th) of the month following. EACH EMPLOYER SHALL FILE A MONTHLY REPORT WHETHER OR NOT HE HAD PARTICIPATING EMPLOYEES. It is understood that the contributions negotiated under this clause are for the benefit of the Employees of the Employers as such Employers are recognized by the Trustees of the said Fund, and said Trustees shall continue to have full discretion to make, from time to time, reasonable rules in this respect.

(c) The rate of said contributions to the said Fund shall be the same as

the contributions contained in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52.

11.02 Pension Plan (a) The Parties hereto acknowledge the “Electrical Industry Pension

Trust Fund of Alberta”, such Fund having been constituted by Trust Agreement dated March 6, 1974, as amended from time to time, entered into between the Electrical Contractors Association of Alberta, of the first part, and Local Union 424, IBEW, of the second part. The Parties hereto agree to be bound by the terms of the said Trust Agreement as amended from time to time by the Trustees appointed from time to time thereunder. It is agreed that the Trustees of the said Fund shall serve as Trustees in accordance with the terms of the said Trust Agreement.

(b) The Employer bound by this Collective Bargaining Agreement shall

contribute to the said Fund at the hourly rates set out in sub-clause (c) of this Article 11.02, such rates being for each and every hour worked by an Employee under the job classifications set out in this Collective Bargaining Agreement. Such contributions are to be made solely by the Employer, and no Employer shall deduct such contributions or any portion thereof from an Employee’s wages. Such contributions are in excess of the wage rates set out in this Collective Bargaining Agreement and do not constitute a payment of

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wages. Upon the wages of an Employee becoming due, the said contributions shall be calculated by the Employer for all hours worked by all Employees in the said classifications in a month and a report listing the names of the Employees so credited shall be forwarded by the Employer to the said Fund to be received on or before the Fifteenth (l5th) of the month following. EACH EMPLOYER SHALL FILE A MONTHLY REPORT WHETHER OR NOT HE HAD PARTICIPATING EMPLOYEES. It is understood that the contributions negotiated under this clause are for the benefit of the Employees of the Employers as such Employers are recognized by the Trustees of the said Fund, and said Trustees shall continue to have full discretion to make, from time to time, reasonable rules in this respect.

(c) The rate of said contributions to the said Fund shall be the same as

the contributions contained in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52.

11.03 Electrical Industry Education Plan (a) The Parties hereto acknowledge the "Electrical Industry Education

Trust Fund of Alberta," having been constituted by a Trust Agreement effective May 1, 1999 between the Electrical Contractors Association of Alberta, of the first part and Local Union 424, IBEW of the second part, such Fund being successor to the Electrical Education Trust Fund of Northern Alberta and the Electrical Industry Education Trust Fund of Southern Alberta, which was created by similar trust Agreement effective May 1, 1977, and October 1, 1977, respectively. The Parties hereto agree to be bound by the terms of the said Trust Agreement as amended from time to time by the Trustees appointed from time to time thereunder. It is agreed that the Trustees of the said Fund shall serve as Trustees in accordance with the terms of the said Trust Agreement.

(b) The Employer bound by this Collective Bargaining Agreement shall

contribute to the said Fund at the hourly rate set out in sub-clause (d) of this Article 11.03, such rate being for each and every hour worked by any Employee under the job classifications set out in this Collective Bargaining Agreement. Such contributions are to be made solely by the Employer, and no Employer shall deduct such contributions or any portion thereof from an Employee’s wages. Such contributions are in excess of the wage rates set out in this

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Collective Bargaining Agreement and do not constitute a payment of wages or any portion of a payment of wages. Upon the wages of an Employee becoming due, the said contributions shall be calculated by the Employer for all hours worked by all Employees in the said classifications in a month and a report listing the names of the Employees so credited shall be forwarded by the Employer to the said Fund to be received on or before the Fifteenth (l5th) of the month following. EACH EMPLOYER SHALL FILE A MONTHLY REPORT WHETHER OR NOT HE HAD PARTICIPATING EMPLOYEES. It is understood that the contributions negotiated under this clause are for the benefit of the Employees of the Employers as such Employers are recognized by the Trustees of the said Fund, and said Trustees shall continue to have full discretion to make, from time to time, reasonable rules in this respect.

(c) While the parties hereto acknowledge that under the Trust

Agreement described in Article 11.03(c) herein, the Trustees have full authority to determine all questions of nature, amount and eligibility for benefits provided under the Fund, it is their desire that Five Cents ($0.05) of the hourly contribution rate to the said Fund be allocated for the benefit of the Employees classified as Apprentices of the Employer as such Employers are recognized by the Trustees of the said Fund, to assist the payment of tuition fees and associated costs when attending approved technical training and/or for the provision of training and certification for Employees classified as Sub-Foremen, Foreman or General Foreman and those persons deemed by the Trustees of the said Fund to be prospective Sub-Foremen, Foreman or General Foreman. Further, it is the parties’ desire that the Trustees, in establishing the form of such benefits and rules of eligibility, consider the recommendations of the Joint Education/Apprenticeship Committee.

(d) The rate of said contributions to the said Fund shall be the same as

the contributions contained in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52.

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11.04 Electrical Industry Enhancement Program Of Alberta (a) The Parties hereby agree to the establishment of and do hereby

establish the Electrical Industry Enhancement Program funded in accordance with the provisions of this Article 11.04 as amended from time to time by the Parties.

(b) The Employer bound by this Collective Bargaining Agreement shall

contribute to a fund created pursuant to this Program at the hourly rates set out in sub clause (c) for this Article 11.04, such rates being calculated for each and every hour worked by an Employee under the job classification set out in this Collective Bargaining Agreement. Upon the wages of an Employee becoming due, the said contribution shall be calculated by the Employer for all hours worked, whether regular or overtime, by all Employees in said classification in a month and a report listing the names and hours of the Employees so credited, together with the contributions for same, shall be forwarded by the Employer to the Local to be received on or before the Fifteenth (l5th) day of the month following. EACH EMPLOYER SHALL FILE A MONTHLY REPORT WHETHER OR NOT HE HAS PARTICIPATING EMPLOYEES. It is understood that the contributions negotiated under this clause as specified below are for the benefit of the Employees of the Employers.

(c) Contributions to the said Program to be deducted from the

Employee's wages shall be: (i) At the rate of Six Cents ($0.06) per hour for all Employees in

each classification, which shall be allocated to the payment of the Employees’ Union dues;

(ii) At an effective date and at the contribution rate for each hour

worked to be determined by the Union, notice of which shall be provided in writing by the Union to the Association, for Journeymen only in each classification, i.e., General Foremen, Foremen, Sub-Foremen and Journeymen, to a Registered Retirement Savings Plan registered in the Employee’s name and for his benefit in accordance with the terms and conditions of Agreements between Local Union 424 of the International Brotherhood of Electrical Workers and a financial institution to be designated by it. ALL EMPLOYEES SHALL MAINTAIN A CURRENT AND ACTIVE ACCOUNT AT SERVUS CREDIT UNION LTD. The said contribution is presently established at One Dollar ($1.00) per hour.

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(d) Overtime contributions paid by the Employer: The Employer shall

remit to a Registered Retirement Savings Plan, registered in the Employee's name and for his benefit in accordance with the terms and conditions of Agreement between Local Union 424, IBEW, and a financial institution to be designated by Local Union 424, IBEW. ALL EMPLOYEES SHALL MAINTAIN A CURRENT AND ACTIVE ACCOUNT AT SERVUS CREDIT UNION LTD. When overtime is worked the Employer shall pay an amount (Employer RRSP Contribution) on behalf of each Employee as prescribed in the applicable overtime wage schedule. The said contribution shall be paid in addition to the RRSP contribution contained in Article 11.04 (c) (ii) presently established at One Dollar ($1.00) per hour.

(e) The rate of said contributions to the said Fund shall be the same as the contributions contained in the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52.

(f) The Parties agree that neither the Employer nor the Local Union shall

have any obligation or liability beyond remitting the payroll deduction to the banking agencies specified in this Article.

11.05 Delinquencies (a) Where an Employee performs work that would require the Employer

to contribute hourly contributions, at such an hourly contribution rate as may from time to time be applicable in this Collective Agreement, then the Employer shall and shall be deemed to have kept such an amount separate and apart from his own monies and shall be deemed to hold the sum so deducted in trust for the Trustees of the applicable Trust Fund. Further, in the event of any liquidation, assignment or bankruptcy of such an Employer, an amount equal to the amount that is owed to the applicable Trust Fund by the Employer on whose behalf the Employees have performed work thereby requiring contributions to the Trust Fund as is hereinbefore provided, is deemed to be held in trust for the Trustees of this Trust Fund and such contributions shall be deemed to be separate from and form no part of the estate in liquidation, assignment of bankruptcy, whether or not that amount has in fact been kept separate and apart from the Employer’s own money or from the assets of the estate.

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(b) The Parties acknowledge that non-payment by the Employer of due

contributions to the Trust Funds of Articles 11.01, 11.02 and 11.03 constitutes a serious threat to each plan participant as well as the Funds; therefore, the Trustees are empowered to take any action in law necessary to collect the owing contributions and to impose any remedies and damages stipulated in the Trust Agreements. All costs of such collections, including costs on a solicitor and his own client basis, shall be borne by the delinquent Employer.

(c) The Parties acknowledge that non-payment of due contributions to

the Electrical Industry Enhancement Program of Alberta pursuant to Article 11.04 constitutes a serious threat to each Program participant; therefore, the Union shall be empowered to take whatever action in law necessary, including proceeding directly to arbitration under the provision hereof, to collect delinquent contributions. All costs of collecting delinquent contributions, including costs on a solicitor and his own client basis, shall be borne by the delinquent Employer.

(d) In the event that the Employer fails to remit the required payment

and reports on or before the Fifteenth (15th) day of the month they were due, appropriate action may be taken by the Local Union and/or the Trustees.

(e) Each Employee or plan participant who becomes aware of an

Employer delinquency is obligated to inform the Trustees of such breach forthwith.

11.06 Employer Participation

The Employer bound by this Collective Bargaining Agreement shall sign a Participation Agreement in the form prescribed by the Trustees with each aforementioned Trust Fund.

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ARTICLE TWELVE - TOOLS AND EQUIPMENT 12.01 (a) The Employer shall supply all power tools, pipe cutting and bending

equipment, wire pulling equipment, instruments and other construction tools, including appropriate tool boxes for the storage of such tools. Every Employee in charge shall be responsible for seeing all tools on the job are locked up on cessation of work each day. All tools lost or broken must be reported to the Employer within Twenty-Four (24) hours.

(b) The Employer shall provide lock fast facilities for storage of personal

tools normally used by Employees in the process of their work when such tools are not in use.

12.02 Employees will be held responsible for tools, special and/or protective

clothing, and safety apparatus or gear supplied to them by the Employer. 12.03 The Employee’s personal tools shall be in good condition when they hire

on to the job and the tools shall be maintained and kept in good condition. 12.04 The Employer shall replace Employee’s personal tools when: (a) Such tools are destroyed by fire on the Employer’s premises or in a

storage place designated by the Employer. (b) Such tools are lost through theft by forced entry of a designated

storage place. (c) In the course of an Employee’s work assignment such tools are

damaged beyond repair, provided the Employee satisfies the Employer the damage was not intentional or caused by the Employee’s failure to exercise due care and attention. Normal wear shall not constitute damage.

12.05 Transportation charges for personal tools will be paid to and from the

project or job on the same basis as the individual Employee’s transportation.

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12.06 TOOL LIST List of tools to be supplied by Journeymen and Apprentices.

1 Hammer 1 Hacksaw Frame 1 Keyhole Saw 1 10” Level 1 1 ¾” x 16’ Measuring Tape 1 Terminating Screwdriver 1 Flat Blade Screwdriver 1 Phillips Screwdriver 1 Socket Screwdriver No. 6 1 Socket Screwdriver No. 8 1 Socket Screwdriver No. 10 1 Centre Punch 1 Tap Wrench 1 6” Adjustable Wrench 1 10” Adjustable Wrench 1 10” Water Pump Pliers 1 8” Lineman’s Pliers 1 Diagonal Cutting Pliers 1 Needle Nose Pliers 1 Knife 1 Tool Box 1 Small Set Hexagon Wrenches (Allan) 1 Voltage Tester (120-600V single function CSA approved) 1 Wire Stripper Ideal #45120 (or equivalent)

ARTICLE THIRTEEN - ALCOHOL & DRUG POLICY/RAPID SITE ACCESS PROGRAM (RSAP) 13.01 Canadian Model For Providing A Safe Workplace

(a) Whereas both parties acknowledge the devastating affect of drugs and alcohol on the work force; and Whereas both parties acknowledge the value of intervention and

assistance to those members who are suffering from alcohol and/or drug problems; and

Whereas there is a reference to the Canadian Model for Providing a Safe Workplace – Alcohol and Drug Guidelines and Work Rule (the “Canadian Model”); and

Whereas the Canadian Model has been extensively reviewed and amended, resulting in the publication of an edition dated October 2005 as updated by the 2010 Addendum; and

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Whereas the parties hereby desire to set out the provisions of the Canadian Model dated October 2005 as updated by the 2010 Addendum that will be applied by Agreement under the provisions of this Article.

(b) IT IS AGREED between the parties hereto and on behalf of those represented by each of them:

(i) Concurrence Except for the matters set out in Articles 2 and 3 below, the Canadian Model dated October 2005, as updated by the 2010 Addendum [the “Canadian Model”], will be implemented by Agreement under this Collective Agreement for the purposes set out in Section 1.1 of the Canadian Model, and the Parties will co-operate with each other in achieving those purposes.

(ii) Random Testing Notwithstanding any provisions of the Collective Agreement or any special Agreements appended thereto, section 4.6 of the Canadian Model will not be applied by Agreement. If applied to a worker dispatched by the Union, it will be applied or deemed to be applied unilaterally by the Employer. The Union retains the right to grieve the legality of any imposition of random testing in accordance with the Grievance Procedure set out in this Collective Agreement.

(iii) Site Access Testing and Dispatch Conditions Notwithstanding any provisions of the Collective Agreement or any special Agreements appended thereto, Section 4.7 of the Canadian Model will not be applied by Agreement. If applied to a worker dispatched by the Union, it will be applied or deemed to be applied unilaterally by the Employer. The Union retains the right to grieve the legality of any imposition of site access testing in accordance with the Grievance Procedure set out in this Collective Agreement. Section 5.5 of the Canadian Model dated October 2005 will not be applicable to testing pursuant to Section 4.4, 4.5 or 4.7. In addition, neither the Union nor the individual will be under any obligation under the Canadian Model with respect to such a positive test.

(iv) Test Results The Employer, upon request from an Employee or former Employee, will provide the confidential written report issued pursuant to 4.9 of the Canadian Model in respect to that Employee or former Employee.

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(v) Reasonable Cause and Post Incident Testing

Any drug testing required by the Employer pursuant to 4.4, 4.5 or 4.6 of the Canadian Model shall be conducted by oral fluid testing in accordance with 4.8.2 of the Canadian Model.

(vi) Substance Abuse Expert Report

The evaluation and confidential report provided by the substance abuse expert pursuant to Appendix “B” shall be limited to the diagnosis, treatment recommendation, treatment plan and/or level of assistance.

(vii) Treatment Plan The parties agree to explore the treatment plan benefits that are currently in place in order to ensure its sufficiency.

(viii) Accommodation The Employer of any Employee found to the drug dependant and/or alcohol addicted by the Substance Abuse Expert pursuant to Appendix “B” Substance Abuse Expert of the 2005 Canadian Model will accommodate such Employee to the point of undue hardship.

13.02 Rapid Site Access Program

(a) Whereas the Parties are committed to creating a safer, healthier workplace free of risks associated with alcohol and/or other drug use. Historical trends suggest meeting this objective will correlate to a reduction in workplace incidents,

(i) The Parties intend to reduce redundant substance testing and

related costs, and to expedite access to participating worksites,

(ii) Alcohol and other drug work rules, such as the Canadian Model for Providing a Safe Workplace: Alcohol and Drug Guidelines and Work Rule (the “Canadian Model”) are more effective if they are implemented in such a way as to preserve the dignity and privacy of participant workers,

(iii) Coordinating the exchange of sensitive information through a centralized third party provides greater control over the collection, use, disclosure, safeguards and storage of personal information,

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(iv) Retaining the continuity of information through a centralized

third party is necessary in order to reduce redundant testing, expedite access to worksites and provide seamless after-care support to affected workers,

(v) Comprehensive professional third party case administration

provides for the effective delivery of education, compliance and if necessary, accommodation strategies. Professional treatment, education, follow-up and after-care frameworks support affected workers in maintaining compliance with the Canadian Model and if necessary recovering from an addiction and/or dependency to alcohol or other drugs,

(vi) In 2004 the Department of Health and Human Services

Substance Abuse and Mental Health Services Administration and in 2008 leading experts directly consulted, confirm laboratory oral fluid testing is accurate, reliable and appropriate for unannounced testing. However, due to the short detection windows it was found oral fluid testing is not appropriate for follow-up testing and not appropriate for testing where prior notice is given.

(vii) Several arbitration cases accepted the validity of laboratory

oral fluid testing, however in those cases laboratory oral fluid testing itself was not challenged. Accordingly, at the time of signing this Agreement the validity laboratory oral fluid testing has yet to be established in Canadian law.

(b) Now therefore, it is Agreed between the Parties hereto that:

(i) Subject to (ii) and (iii) below, the Parties support the

implementation of the Rapid Site Access Program and the Union and Employer agree to be bound by and comply with the Rapid Site Access Program Procedural Rules, as amended from time to time,

(ii) The Union’s Agreement in (i) above is subject to the adoption

of laboratory based oral fluid testing for the random component of drug testing administered by the Rapid Site Access Program. However, in the event laboratory oral fluid testing is successfully challenged in law the Union agrees urine based testing shall apply,

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(iii) Subject to (ii) above, where the Union does not agree to an amendment to the Rapid Site Access Program Procedural Rules, the Union may opt out of agreeing to said amendment by giving notice in writing to the registered Employers’ organization and the Rapid Site Access Administrative Committee,

(iv) For Industrial work, an Employer contribution rate per hour

worked as contained in Article 10 shall be forwarded to Electrical Contractors Association of Alberta (ECAA) at 11235 – 120 Street, Edmonton, Alberta T5G 2X9. These contributions shall be used by ECAA to provide the funding for the third party providers, who are responsible for delivering the services in respect to the Rapid Site Access Program,

(v) The ECAA may, by notice in writing to the Union and

Employers, change the amount of cents per hour worked in clause (iv) above.

13.03. Referral for Case Managed Aftercare

(a) Whereas an individual must be referred to a substance abuse expert following a failure to comply with the Canadian Model for Providing a Safe Workplace: Alcohol and Drug Guidelines and Work Rule (the “Canadian Model”). Once the individual is assessed by a substance abuse expert, recommendations are prepared and disclosed for the purpose of establishing expectations in accordance with the substance abuse expert’s recommendations, entering in to a post assessment Agreement, and supporting compliance with prescribed aftercare.

There are advantages to referring substance abuse expert recommendations to qualified third party professionals for administration on behalf of the Parties. Third party professionals are positioned to offer a higher level of: (i) confidentiality, (ii) consistency, and (iii) expertise. Contracting the administration of substance abuse expert recommendations to third party professionals is expected to be more effective in meeting the safety objectives contained in the Canadian Model and increase the quality of service afforded to affected individuals.

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(b) Now therefore, it is Agreed between the Parties hereto that:

(i) Substance abuse expert recommendations arising from contractor administered A&D tests conducted pursuant to the Canadian and arising from those who violate Article 3 of the Canadian Model shall be referred to and administered by Organizational Health Incorporated (third party professionals). Such substance abuse expert recommendations shall apply to employment and prospective employment in respect to any collective Agreement for which the Union is signatory. Substance abuse expert recommendations shall be shared with a contractor only if they are in respect to a current Employee, one that has contravened Article 3 of the Canadian Model while in the employ of that Employer.

(ii) Service providers including Organizational Health Incorporated

will keep all information in accordance with applicable privacy laws.

(iii) The Electrical Contractors Association of Alberta (ECAA) will

provide the funding to the third party providers who are responsible for administering substance abuse expert recommendations.

_________________________________________________________________________________ 3. Alcohol and Drug Work Rule 3.1 An Employee shall not (a) use, possess or offer for sale alcohol and drugs or any product or device that may be used to attempt to tamper with any sample for a drug and alcohol test while on company property or at a company workplace, (b) report to work or work (i) with an alcohol level equal to or in excess of 0.040 grams per 210 litres of breath. (ii) with a drug level for the drugs set out…[in the Canadian Model]…equal to or in excess of the concentrations set out …[in the Canadian Model], or (iii) while unfit for work on account of the use of a prescription or nonprescription drug, (c) refuse to (i) comply with a request made by a representative of the company under 4.3 [of the Canadian Model], (ii) comply with a request to submit to an alcohol and drug test made under 4.4, 4.5, 4.6, or 4.7 [of the Canadian Model], or (iii) provide a sample for an alcohol and drug test under 4.8 [of the Canadian Model], (d) tamper with a sample for an alcohol and drug test given under 4.8 [of the Canadian Model].

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ARTICLE FOURTEEN - ELECTRICAL CONTRACTORS INDUSTRY FUND (a) The Parties hereto agree to recognize the Electrical Contractors Industry Fund. (b) The Employer shall contribute to the said Fund at an hourly rate set out in sub-clause (d), such rate being for each and every hour worked by an Employee under all classifications set out in this Collective Bargaining Agreement. (c) The Parties agree that such contributions are to be made solely by the

Employer and no Employer shall deduct such contributions or any portion thereof from an Employee’s wages. Such contributions are in excess of the wage rates set out in the Collective Bargaining Agreement and do not constitute a payment of wages or any portion of a payment of wages. The said contributions shall be calculated by the Employer for all hours worked by all Employees in the said classifications in a month, and a report listing the names of the Employees and the hours they have worked, and their classifications shall be forwarded by the Employer to the Electrical Contractors Association of Alberta to be received on or before the Fifteenth (l5th) of the month following. THE EMPLOYER SHALL FILE A MONTHLY REPORT, WHETHER OR NOT HE HAD PARTICIPATING EMPLOYEES. All contributions made to this Fund shall immediately be paid to the Electrical Contractors Association of Alberta who shall use the same for the promotion, expansion and protection of the Electrical Industry and at no time may any contributions be used in any way to the detriment of the Union or any of its members. A portion of the said fund shall be used in training courses for both Union and Management which are applicable to the advancement of the Industry. The Electrical Contractors Association of Alberta (ECAA), as the party to the Construction Collective Agreement Between Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52, shall otherwise have full discretion in respect of the use of the fund and al0l contributions made thereto.

(d) The rates of said contributions for ECAA sponsored initiatives, and the

hourly dues levied by the ECAA pursuant to this Collective Agreement shall be established by the ECAA and notice to an Employer and the Union from the ECAA respecting any amendment shall be sufficient. The contribution rates shall be as contained in Article 10.

(e) In the event that either the bargaining rights, registration certificates or

bargaining agent status of the Electrical Contractors Association of Alberta (ECAA) as the party to the Construction Collective Agreement Between

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Electrical Contractors Association of Alberta (ECAA) and Local Union 424 International Brotherhood of Electrical Workers, Registration Certificate #52 are transferred to another Employer’s Association, Association, Corporation, Person, Firm or any other Body, or not retained by the Electrical Contractors Association of Alberta as they are at present, or in the event the within funds are being used for purposes other than those set out herein, the Parties hereto agree that the Union by sending notice in writing to the Electrical Contractors Association shall have such contributions terminated at a time stated in said notice.

(f) Notwithstanding anything in this Agreement, the ECAA may file a grievance

against the Employer bound by this Agreement who has violated any of the provisions in this clause. Immediately upon the filing of a grievance, the following rules will apply:

(i) The Employer shall, within Five (5) days of the filing of a grievance,

provide all records of all Employees who worked at any site covered by the job duties listed in this Agreement for the disputed time covered in the grievance;

(ii) Within Five (5) days of the receipt of the records in (a) above, the Parties shall meet to discuss a resolution of the grievance; (iii) Failing satisfactory settlement of the grievance meeting in (b) above,

or if the Employer refuses to supply the records or to meet with the ECAA, the ECAA within Five (5) days of the meeting, or the last day the Employer has to supply the information in (a) above, may refer the grievance to an arbitrator chosen by the ECAA, who shall sit as a single arbitrator and resolve the dispute.

(iv) The Arbitration shall be conducted by the following rules: (a) A hearing date to hear evidence in the dispute shall be set

within Fourteen (14) days of the referral of the matter to the arbitrator who shall have the power at the request of either Party to order pre-hearing production of documents for all documents in the possession or power of any of the Union, Employer or ECAA.

(b) All monies not paid for the time in dispute, if a violation is found, shall be ordered paid as provided in this Agreement. (c) If monies are found owing under this clause, the Party directed to pay shall pay the entire cost of the arbitration.

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(d) If monies are not found owing, the Party filing the grievance shall pay all costs of the arbitration. (e) The arbitrator shall render his decision within Thirty (30) days of the conclusion of a hearing into the issues set out in the grievance, and his decision shall be final and binding on all Parties. ARTICLE FIFTEEN - SPECIAL PROJECT NEEDS The Parties agree that, notwithstanding the provisions contained within this Agreement, the Union in conjunction with the Employer may determine, on a job-by-job basis, if special terms and conditions are required.

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APPENDIX "A" COMPRESSED WORK WEEK

SCHEDULES "A" THROUGH "X" I. SCHEDULE "A" (a) Straight days (b) Forty (40) hours (c) Number of hours on shift 40 (d) Number of cycles per year 52 (e) Number of Hours per cycle 40 (f) Number of hours on shift per year 2080 (g) Number of overtime hours per year 0 II. SCHEDULE "B" (a) Straight days (b) Fourteen (14) twelve (12) hour shifts in a twenty-eight (28) day cycle (c) Number of hours on shift 0 (d) Number of cycles per year 13 (e) Number of hours per cycle 168 (f) Number of hours on shift per year 0 (g) Number of overtime hours per year 104 III. SCHEDULE "C" (a) Alternating days and nights (b) Seven (7) twelve (12) hour day shifts and seven (7) twelve (12) hour night shifts in a twenty-eight (28) day cycle (c) Number of hours on shift 84 (d) Number of cycles per year 13 (e) Number of hours per cycle 168 (f) Number of hours on shift per year 1092 (g) Number of overtime hours per year 104 IV. SCHEDULE "E" (a) Straight nights (b) Combination of eight (8) hour and twelve (12) hour shifts averaging forty (40) per week (c) Number of hours on shift 80 (d) Number of cycles per year 26 (e) Number of hours per cycle 80 (f) Number of hours on shift per year 2080 (g) Number of overtime hours per year 0 V. SCHEDULE "F" (a) Alternating days and nights (b) Four (4) twelve (12) hour day shifts and four (4) twelve (12) hour night shifts in a sixteen (16) day cycle (c) Number of hours on shift 48 (d) Number of cycles per year 22.75 (e) Number of hours per cycle 96 (f) Number of hours on shift per year 1092 (g) Number of overtime hours per year 104

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VI. SCHEDULE "G" (a) Straight days (b) Four (4) twelve (12) hour day shifts in an eight (8) day cycle (c) Number of hours on shift 0 (d) Number of cycles per year 45.50 (e) Number of hours per cycle 48 (f) Number of hours on night shift per year 0 (g) Number of overtime hours per year 104 VII. SCHEDULE "H" (a) Straight nights (b) Four (4) twelve (12) hour night shifts in an eight (8) day cycle (c) Number of hours on shift 48 (d) Number of cycles per year 45.50 (e) Number of hours per cycle 48 (f) Number of hours on shift per year 2184 (g) Number of overtime hours per year 104 VIII. SCHEDULE "I" (a) Straight nights (b) Fourteen (14) twelve (12) hour night shifts in a twenty-eight (28) day cycle (c) Number of hours on shift 168 (d) Number of cycles per year 13 (e) Number of hours per cycle 168 (f) Number of hours on shift per year 2184 (g) Number of overtime hours per year 104 IX. SCHEDULE "J" (a) Alternating days and nights (b) Four (4) twelve (12) hour day shifts and three (3) twelve (12) hour night shifts in a fourteen (14) day cycle (c) Number of hours on shift 36 (d) Number of cycles per year 26 (e) Number of hours per cycle 84 (f) Number of hours on shift per year 936 (g) Number of overtime hours per year 104 X. SCHEDULE "M" (a) Straight days (b) Seven (7) twelve (12) hour shifts in a fourteen (14) day cycle (c) Number of hours on shift 0 (d) Number of cycles per year 26 (e) Number of hours per cycle 84 (f) Number of hours on shift per year 0 (g) Number of overtime hours per year 104

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XI. SCHEDULE "N" (a) Alternating days and nights (b) Two (2) eight (8) and six (6) twelve (12) hour shifts in a fourteen (14) day cycle (c) Number of hours on shift 44 (d) Number of cycles per year 26 (e) Number of hours per cycle 88 (f) Number of hours on shift per year 1144 (g) Number of overtime hours per year 208 XII. SCHEDULE "O" (a) Straight days (b) One (1) eight (8) hour shift and three (3) twelve (12) hour shifts in a seven (7) day cycle (c) Number of hours on shift 0 (d) Number of cycles per year 52 (e) Number of hours per cycle 44 (f) Number of hours on shift per year 0 (g) Number of overtime hours per year 208 XIII. SCHEDULE "P" (a) Alternating days and nights (b) Combination of eight (8) and twelve (12) hour shifts in a fourteen (14) day cycle (c) Number of hours on shift 40 (d) Number of cycles per year 26 (e) Number of hours per cycle 80 (f) Number of hours on shift per year 1040 (g) Number of overtime hours per year 0 XIV. SCHEDULE "Q" (a) Straight days (b) Twenty (20) Ten (10) hour shifts in a thirty-five (35) day cycle (4 on, 3 off, 4 on, 2 off, 4 on, 3 off 8 on, 8 off) (c) Number of hours on shift = 0 (d) Number of cycles per year = 10.4 (e) Number of hours per cycle = 200 (f) Number of hours on shift/year = 2080 (g) Number of overtime hours/year = 0 XV. SCHEDULE "R" (a) Alternating days and nights (b) Four (4) twelve (12) hour night shifts; Five (5) days off (c) Number of hours on shift per cycle = 84 (d) Number of cycles per year = 12.55 (e) Number of hours per cycle = 168 (f) Number of hours on shift per year = 1054 (g) Number of overtime hours per year = 28

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XVI. SCHEDULE "S" (a) Straight Days (b) Combination of eight (8) hour and twelve (12) hour shifts averaging forty (40) per week. (c) Number of cycles per year - 26 (d) Number of hours per cycle - 80 (e) Number of hours on shift per year - 0 (f) Number of overtime hours per year - 0 XVII SCHEDULE "T" (a) Alternating Days & Nights (b) Three (3) twelve (12) hour day shifts and three (3) twelve (12) hour night shifts in a twelve (12) day cycle. (c) Number of cycles per year - 30.33 (d) Number of hours per cycle - 72 (e) Number of hours on shift per year - 1092 (f) Number of overtime hours per year - 104 XVIII SCHEDULE "U" (a) Alternating Days & Nights (b) Two (12) hour day shifts and three (12) hour night shifts and four (4) days off, three (12) hour days shifts and two (12) hour night shifts and (5) days off. (c) Number of cycles per year - 19.15 (d) Number of hours per cycle - 120 (e) Number of hours on shift per year - 1149 (f) Number of overtime hours per year - 218 XVIII SCHEDULE "V" (a) Alternating Days & Nights or Straight Days (no shift premium). (b) Eighteen (18) twelve (12) hour shifts in a thirty-six (36) day cycle in a five (5) days on, 4 days off, 4 days on, 5 days off pattern. (c) Number of cycles per year - 10.11 (d) Number of hours on shift per year - 1.091.88 (e) Number of overtime hours per year - 104 XX SCHEDULE “W” (a) Straight Days (b) Six (6) twelve (12) hour shifts in a twelve (12) day cycle (c) Number of cycles per year - 30.33 (d) Number of hours per cycle - 72 (e) Number of hours on shift per year - 0 (f) Number of overtime hours per year - 104 XXI SCHEDULE “X” (a) Straight Nights (b) Six (6) twelve (12) hour shifts in a twelve (12) day cycle (c) Number of cycles per year - 30.33 (d) Number of hours per cycle - 72 (e) Number of hours on shift per year - 2184 (f) Number of overtime hours per year - 104

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APPENDIX 'B'

WORK WEEK ALTERATION SHELL REFINERY, UPGRADER AND CHEMSITE

SCOTFORD, ALBERTA The following regular work week is approved as an option to the existing work week provisions described in Article 6. This work week averages to 40 hours straight time over a two week period and is generally known as the 9/80 schedule. It is intended for on-going work and does not operate in “major shutdown” situations. 1. Work week and overtime arrangements will be as follows:

The regular work week will consist of 4 nine (9) hour straight time days Monday to Thursday and 1 eight (8) hour straight time day on Friday in the first week. The regular work week will consist of 4 nine (9) hour straight time days Monday to Thursday in the second week. Friday is a day off.

2. Overtime on the altered work week schedule will be paid as follows:

Week 1: - time and one half (1 ½) for the 1st two (2) hours worked before or

after the regular 9 or 8 hour day Monday to Friday - Doubletime will be paid thereafter.

Week 2: - time and one half (1 ½) for the 1st ten (10) hours worked on the earned Friday off - all other overtime is doubletime.

In Chart Form for clarity:

M T W T F S S M T W T F S S Reg Hrs 9 9 9 9 8 9 9 9 9

Days Off Off Off Off Off Off

O/T Pay

2 @ 1.5

2 @ 1.5

2 @ 1.5

2 @ 1.5

2 @ 1.5 DT DT DT DT DT DT

10 @ 1.5

DT DT

3. It should be noted that those Employees working more than 10 hours are entitled

to an overtime meal and break at the 10 hour mark pursuant to the overtime meal Articles in the Agreement.

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Collective Agreement Signatures Signed this ______ day of _______________ 20__. ___________________________________________ For the Employer ___________________________________________ For the Union