Application from London Sewer and Watermain, Curb, Gutter and

Transcription

Hicks Morley Hamilton Stewart Storie LLP
77 King St. W., 39th Floor, Box 371, TO Centre
Toronto, ON MSK 1K8
Tel: 416.362.1011 Fax: 416.362.9680
M. PATRICK MORAN
[email protected]
Direct: 416.864.7308
Cell: 416.576.4697
HUMAN RESOURCES
LAW AND ADVOCACY
File No. 223-797
April12, 2016
Toronto
Waterloo
London
VIA COURIER
Kingston
Ottawa
Ms Catherine Gilbert
Registrar
Ontario Labour Relations Board
2"d Floor, 505 University Avenue
Toronto, ON M5G 2P1
Dear Ms Gilbert:
Re: Electrical Power Systems Construction Association AND
Millwright Regional Council of Ontario, United Brotherhood of
Carpenters and Joiners of America
Application for Accreditation, Construction Industry
We are the labour relations solicitors for the Applicant, the Electrical Power
Systems Construction Association.
Please find attached the Application for Accreditation, Construction Industry that
has been served upon the Millwright Regional Council of Ontario, United
Brotherhood of Carpenters and Joiners of America and is being filed with you in
accordance with the Board's Rules of Procedure.
Yours very truly,
~ '.
M. Patrick Moran
I
MPM/Ir
Enclosures
c:
hicksmorley.com
Alex Lolua
Form A-92
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\lectrical Power Systems Construction Association
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Applicant,
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1.
Millwright Regional Council of Ontario
~ CUfti_.. Brotherhood of Carpenters and Joiners of America
Responding Party.
The applicant applies to the Ontario Labour Relations Board for accreditation as the bargaining
agent for the employers, whose employees are bargained for by the responding party, in a unit
of employers that the applicant claims is appropriate for accreditation.
1.
The applicant states:
(a)
Name, address, telephone number, facsimile number and e-mail
address of applicant:
Electrical Power Systems Construction Association (EPSCA)
190 Athwell Drive, Suite 580
Toronto, Ontario M9W 6H6
Telephone: 416·213·0266
Facsimile: 416·213-0262
Email: [email protected]
(b)
address of a contact person for the applicant:
Hicks Morley Hamilton Stewart
77 King St.W., 39th Floor, Box 371, TD Centre
Toronto, Ontario M5K 1K8
Attention: M. Patrick Moran
Telephone: 416-864·7308
Facsimile: 416·362-9680
Electrical Power Systems Construction Association (EPSCA)
190 Athwell Drive, Suite 580
Toronto, Ontario M9W 6H6
Attention: Chris Sider
Telephone: 416·213·0266
Facsimile: 416-213-0262
(p. 1 of 10)
(June 2014)
Form A-92
(c)
E-mail address of representative and assistant (if any):
~Counsel: Patrick Moran
[email protected]
(d)
assistant: Lindsey Rowbottom
[email protected]
address of the responding party:
Millwright Regional Council of Ontario
Attention: lan Mcisaac
79 Sunrise Avenue
Toronto, Ontario M4A 1A9
Tel: 416-757·5761
Fax: 416-757·0183
2.
The name, address, telephone number, facsimile number and e-mail address
of any employers' organization, trade union or council of trade unions that may
have an interest in this application:
Millwright Employer Bargaining Agency
Attention: Ms Patricia Penny-Rouzes
c/o Association of Millwrighting Contractors of Ontario
50 Sunny Meadows Blvd., Unit 223
Brampton, Ontario L6R OY7
Tel: 905-793·1190
Fax: 905·793-6616
3.
The applicant files with this application the following documentary evidence of its
status as an employers' organization: (List the charter, constitution or by-laws filed
with this application.)
a)
b)
c)
4.
Letters Patent October 25, 201 0
E.P.S.C.A. Amended By-Law No.1- November 15,2012
Collective Agreement
The responding party trade union or council of trade unions has been certified or has
been granted voluntary recognition or has entered into a collective agreement with two
or more employers in the unit of employers proposed by the applicant. Two such employers are:
(List at least two such employers, and include the dates of the documents relied on.)
E.S. Fox Ltd., Aecon Industrial, and BWXT Canada are bound to the current
collective agreement between the Applicant and the Responding Party with a
term of May 1, 2010 to April 30, 2020.
(p. 2 of 10)
(June 2014)
Form A-92
5.
Detailed description of the unit of employers that the applicant claims to be
appropriate for accreditation: (Reference must be made to the sector(s) of the
construction industry and the geographic area(s) or parts thereof claimed.)
See attached Schedule "A"
6.
Representations as to the appropriateness of the unit described in paragraph 5,
including the history of collective bargaining, if any, of the applicant and the
responding party: (Attach additional sheets as required.)
See attached Schedule "B"
7.
Approximate number of employers in the unit described in paragraph 5:
26 number of employers who employed Millwrights in 12 months before
Application date
8.
Approximate number of employees of employers in the unit described in paragraph 5
on the payroll of each such employer for the weekly payroll period immediately preceding
the date of this application:
370
number of employees under agreement in week preceding
Application date.
9.
The nature of the authority relied upon by the applicant to act as bargaining agent for
employers in the unit of employers:
(For example, authority to act as bargaining agent may, in the case of memberships in
the applicant, stem from the applicant's constitution or by-laws; or in the case of
members or non-members from a specific authorization by an employer.)
The Applicant's authority to act as accredited bargaining agent stems from its
Constitution, which establishes its Objects as:
4(a)
To negotiate and administer construction trade collective agreements on
behalf of employers performing construction work for the Bulk Electrical
System on the property of Ontario Power Generation Inc., Bruce Power
LP, and Hydro One Inc.;
4(b)
to encourage cooperation among its members in maintaining uniform
terms and conditions of employment in respect of personnel employed by
members;
4(c)
to represent members in labour relations matters, including, without
restricting the generality of the foregoing, certification, accreditation,
collective bargaining, negotiation, conciliation, mediation, arbitration,
jurisdictional disputes, labour relations board matters and collective
agreement administration;
(p. 3 of 10)
(June 2014)
Form A-92
4{d)
to facilitate collective relations generally between the members and their
respective employees;
4(e)
to negotiate from time to time and to enter into on behalf of such
members collective agreements covering the members' eligible
employees with such bargaining agency or agencies as is required or
may be permissible under applicable legislation;
4(f)
to Introduce and develop common policies and standard practices
relating to employment and training, wage and employee benefits,
administration, health and welfare, with respect to members' eligible
personnel, and the preparation of statistical data with regards thereto;
4(g)
to represent members In respect of matters relating to the application and
enforcement of legislation governing labour standards;
4{i)
for such other complementary purposes not Inconsistent with these
objects
The Applicant's Board of Directors has the power to do and perform all things
necessary to fulfill the Applicant's Objects. The Board of Directors has
authorized this Application. (Amended By-Law No.1, Article 4.1)
The Applicant may also provide copies of specific authorizations executed by
members and/or non-members to proceed with the Application.
10.
Other relevant statements: (Attach additional pages if necessary.)
Not Applicable
DATED
~ \l.1 ~~"'
Signature for the Applicant
(p. 4 of 10)
(June 2014}
Form A-92
DECLARATION
I, Alex Lolua, the General Manager of the Applicant herein, declare that
1.
I have knowledge of the affairs of the Applicant;
2.
The Applicant Is an employers' organization that represents employers who operate
businesses in the construction Industry.
DATED~;\ \2 1 2o1Jt .
Alex Lolua
Signature for the Applicant
(p. 5 of 10)
(June 2014)
Form A-92
CERTIFICATE OF DELIVERY
1.
I certify that the following documents were delivered to [ ) the responding party, and [ )
any affected party named in paragraph 2 of the application:
•
•
•
•
Application for Accreditation, Construction Industry;
a blank copy of Response to Application for Accreditation, Construction Industry
(Form A-93); and
Notice to Responding Party and/or Affected Party of Application for Accreditation,
Construction Industry (Form C-39) with the names of the parties and the date
inserted .
a copy of Applicant's (Employer Organization's) List of Employers in Proposed
Unit
Millwrights Regional Council of Ontario
79 Sunrise Avenue
Toronto, Ontario M4A 1A9
Name of Organization and name and title of
person to whom documents were delivered
Address or facsimile number to which
documents were delivered
[Complete either section 2 or section 3 below.]
2.
The documents were delivered by [
] facsimile transmission or [
hand delivery on _ _ _ _ _ _ _ at._ _ _ _ _ a.m./p.m.
(Date)
3.
The documents were given to
AJ.n:Jui. ~}t~ eN
on
(Name of Courier)
a~ Id... :lolb
I
I
and I was advised that they would be delivered
(Date)
not later than
n~A
;n
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NAME: Lindsey Rowbottom
TITLE: Legal Assistant
SIGNATURE:
(p. 6 of 10)
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(June 2014)
Form A-92
IMPORTANT NOTES
FRENCH OR ENGLISH
Si vous communiquez avec Ia Commission, vous avez le droit de recevoir des services en franrtais et en
anglais. Vous pouvez consulter les regles de Ia Commission, les formulaires et les bulletins d'information
sur le site Web de Ia Commission au www.olrb.gov.on.ca ou composer le 416-326-7500 ou (sans frais) le
1 877 339-3335 pour de plus amples renseignements. Veuillez prendre note que Ia Commission n'offre
pas de services d'interpretation dans les langues autres que le franrtais et I'angiais.
You have the right to communicate with, and receive available services from, the Board in either English
or French. You can access the Board's Rules, Forms and Information Bulletins from its website at
www.olrb.gov.on.ca or by calling 416-326-7500. Please note that the Board does not provide translation
services in languages other than English or French.
CHANGE OF ADDRESS
Please notify the Board immediately of any change in your address, phone or fax numbers, or your e-mail
address. If you fail to notify the Board of any changes, correspondence sent to your last known address
may be deemed to be reasonable notice to you and the application may proceed in your absence.
EMAIL
If you have provided an e-mail address with your contact information, the Board will in all likelihood
communicate with you by e-mail from a generic out-going address. Please be advised that the Board is
not yet equipped to receive communications from you by e-mail.
OLRB RULES OF PROCEDURE
The Board's Rules of Procedure describe how an application, response or intervention must be filed, what
information must be provided and the time limits that apply. You can obtain a copy of the Rules from the
Board's office at 505 University Avenue, 2nd Floor, Toronto, Ontario, M5G 2P1 (Tel: 416-326-7500) or from
the Board's website.
ACCESSIBILITY and ACCOMMODATION
In accordance with the Accessibility for Ontarians with Disabilities Act, 2005, the Board makes every effort
to ensure that its services are provided in a manner that respects the dignity and independence of persons
with disabilities. Please tell the Board if you require any accommodation to meet your individual needs.
FREEDOM OF INFORMATION and PROTECTION OF PRIVACY
Personal information is collected on this form under the authority of the Board's governing legislation to
assist in the processing of this application. In addition, information received in written or oral submissions
may be used and disclosed for the proper administration of the Board's legislation and processes. The
Freedom of Information and Protection of Privacy Act, R.S.O. 1990 F.31 governs the collection, use and
disclosure of this information.
Any information that you provide to the Board that is relevant to this application must in the normal course
be provided to the other parties to the proceeding.
HEARINGS and DECISIONS
Board hearings are open to the public unless the panel decides that matters involving public security may
be disclosed or if it believes that disclosure of financial or personal matters would be damaging to any of
the parties. Hearings are not recorded and no transcripts are produced.
(p. 7 of 10)
(June 2014)
Form A-92
The Board issues written decisions, which may include the name and personal information about persons
appearing before it. Decisions are available to the public from a variety of sources including the Ontario
Workplace Tribunals Library, and over the internet at www.canlii.org, a free legal information data base.
Some summaries and decisions may be found on the Board's website under Highlights and Recent
Decisions of Interest.
(p. 8 of 10)
(June 2014)
Form A-92
Schedule "A"
All employers employing Foremen, Subforeman, and Millwright classifications engaged in all construction
work* in the electrical power systems sector performed on Ontario Power Generation Inc., Bruce Power
LP and Hydro One Networks Inc. property in the Province of Ontario for the bulk power system for whom
the Millwright Regional Council of Ontario United Brotherhood of Carpenters and Joiners of
America on behalf of affiliated Local Unions 1007, 1151, 1244, 1410, 1425, 1592, 1916, and 2309 hold
bargaining rights in the electrical power systems sector.
For purposes of clarity, the bulk power system comprises: generating stations, hydraulic works,
heavy water facilities in the province of Ontario; and transmission lines (voltages over 50kV),
transmission stations, microwave and repeater stations on Ontario Power Generation Inc., Bruce Power
LP and/or Hydro One Networks Inc. property, save and except building of commercial office-type facilities
at urban locations remote from operating facilities.
* The work encompasses:
- construction of new facilities
-additions to existing facilities
-modifications
- rehabilitation
- reconstruction of existing facilities
(p. 9 of 10)
(June 2014)
Form A-92
Schedule "B"
1.
The Applicant is a not-for-profit corporation that is an Employer Association representing
contractors in bargaining with all of the building trades, including the Millwright Regional
Council of Ontario United Brotherhood of Carpenters and Joiners of America in the
Electrical Power Systems Sector of the construction industry in Ontario.
2.
The Applicant and the Responding Party are parties to a Collective Agreement that expires
on April 30, 2020.
3.
Article 1 of the Collective Agreement recognizes the Responding Party as the exclusive
bargaining agent for all Millwright classifications employed on Ontario Power Generation
Inc., Bruce Power LP and Hydro One property.
4.
In Article 1 the Responding Party recognizes the Applicant as the exclusive bargaining
agent for all employers who employ Millwright classifications on Ontario Power Generation
Inc., Bruce Power LP and Hydro One property.
5.
Since this bargaining relationship commenced shortly after the Applicant's association was
formed in February, 1972 virtually all construction industry work within the jurisdiction of the
Millwright Regional Council of Ontario United Brotherhood of Carpenters and Joiners
of America in the Electrical Power Systems Sector for Ontario Hydro and its successors
has been performed by contractors represented by EPSCA under the Collective Agreement.
(p. 10 of 10)
(June 2014)
EMPLOYER LIST- Millwrights
Aecon Industrial
150 Sheldon Drive
Cambridge, ON N1R 7K9
Alberici Construction
1005 Skyview Drive
Burlington, ON L7P 5B1
All Trade Industrial Contractors Inc.
1477 Bishop Street N.
Cambridge, ON N1R 7J4
Alstom Power
1430 Blair Place, Suite 600
Ottawa, ON K1J 9N2
And ritz/AFI Hydro Inc
6 Adams Street
Paris ON N3L 3X4
Black and McDonald
Power Generation Region
915 Sandy Beach Road
Pickering, ON L1W 1Z5
Bruce Power
P.O. Box 6000
177 Tie Road
Tiverton, ON NOG 2TO
BWXTCanada
581 Coronation Blvd.
Cambridge, ON N1R 5V3
CCM Contracting
270 Fielding Road
Lively, ON P3Y ll6
COH Installation and Service
863 Arvin Ave.
Stoney Creek ON L8E 5N8
ES Fox Limited
PO Box 1010-9127 Montrose Road
Niagara Falls, ON L2E 7J9
EKT90
PO Box 29034
Thunder Bay ON
P7B 6P9
EMC Power
975 Dillingham Road, Unit 2
Pickering ON L1W 1Z7
Getsco Technical Services
9353-45TH Ave.
Edmonton, AB T6E 5Z7
JJ McGuire
880 Farewell Street
Oshawa ON L1H 6N6
Jade Installations Inc.
60 Pippin Rd. #41
Concord, ON GL4K 4M8
Kiewit Alarie, A Partnership
1425 North Service Road East
Oakville, ON L6H 1A7
Konstant
701 Millway Avenue, Unit 5
Concord, ON L4K 3S7
M. Sullivann & Son Ltd.
236 Madawaska Blvd., Suite 100
Arnprior, ON K7S OA3
Newman Bros. Ltd.
PO Box 608
St. Catharines ON L2R 6X6
On Location Machining Services Ltd.
16 Main Street, P.O. Box 100
Portage Du Fort QC JOX 2TO
OPG- Jon Wolfe
700 University Avenue, H19 B4
Toronto, ON M5G 1X6
PLATECON PROJECTS LTD.
295 Delaware Avenue
Burlington ON L7R 3B1
Process Group Inc.
555 Conestoga Blvd.
Cambridge, ON N1R 7P5
The State Group- Terry Bauman
3206 Orlando Drive
Mississauga, ON L4V 1R5
Venshore Mechanical
1019 Northern Ave
Thunder Bay, ON P7C 5L6
This space Is for
Ministry Use Only
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Ontario Corporation Number
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1828131
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LETTRES PATENTES
LETTERS PATENT
La Pf*•nte deiMnde forme II c:11111111• II
aoc:~t6 coniii!UM en ~riOIInlt....,...
~ llttrea patentee dat•ll
Thll tpplicafion constitulft ihe chllltel
of the eorpo<al!on wh•ch is issued by
the• Lette<s Patent dated this
OCTOBER 2 5 OCTOBRE, 2010
0
A~ib~~Tf~~:g~~~~~~~:&~AJ,~:E~~s~~~l:gJ1~ '#l1~ J11P~Pl;_~;ccr16~tL
1. The name of the corporation is: (Set out in BLOCK CAPITAL LETTERS)
Denomination sociale de Ia societe: (Ecrire en LETTRES MAJUSCULES SEULEMENT)
Form 2
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T H E
Cmporatlons
Act
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morales
2.
The address ofthe head office of the corporation is:
Adresse du siege social:
65 International Blvd., Suite 202,
(Street & Number or R.R. Number & if Multi-Office Building give Room No.)
(Rue et numero ou numero de Ia R.R. et, s'il s'agit d'un edifice bureaux, numero du bureau)
a
Etobicoke
OntariojMI9IWf6l Lj9j
(Name of Municipality or Post Office)
(Nom de Ia municipalite ou du bureau de paste)
3.
(Postal Code)
(Code pasta~
The applicants whoare to be the first directors of the corporation are:
Requerants appeles adevenir les premiers administrateurs de Ia personne morale :
First name, middle names and
surname
Prenom, autres Prenoms et nom de
famil/e
Dave Radtke
07109 (08/2005)
Address for service, giving Street & No. or R.R. No., Municipality,
Province, Country and Postal Code
Domicile elu, y compris Ia rue et le numero, le numero de Ia R.R. ou
le nom de Ia municipa/ite, Ia province, le pays et le code postal
65 International Blvd., Suite 202
Toronto, ON M9W 6L9
John Murphy
Toronto, ON M9W 6L9
Nairn McQueen
Toronto, ON M9W 6L9
John Sauger
Toronto, ON M9W 6L9
lA
3.
The applicants who are to be the first directors of the corporation are:
Requerants appeles
adevenlr Jes premiers admlnistrateurs de Ia personne morale:
First name, middle names and surname
Prenom, autres prenoms et noll! de faille .
Domicile diu, y comprl.r fa rue et /e numero oule numero de Ia R.R., Je 1!0111
de Ia mm!lcipa/1/e, Ia province, le pays et /e code postal
JoeDotchin
65 International Blvd., Strite 202
Toronto, ON M9W 6L9
Larry MacDonald
Toronto, ON M9W 6L9
2.
4.
The objects for which the corporation is incorporated are:
Objets pour lesquels Ia personne morale est constituee:
(a) To negotiate and administer construction trade collective agreements on behalf of
employers performing construction work for the Bulk Electrical System on the property of
Ontario Power Generation Inc., Bruce Power LP and Hydro One Inc.;
(b) to encourage cooperation among its members in maintaining uniform terms and
conditions of employment in respect of personnel employed by members;
(c) to represent members in labour relations matters, including, without restricting the
generality of the foregoing, certification, accreditation, collective bargaining, negotiation,
conciliation, mediation, arbitration, jurisdictional disputes, labour relation board matters
and collective agreement administration;
(d) to facilitate collective relations generally between the members and their respective
employees;
(e) to negotiate from time to time and to enter into on behalf of members collective
agreements covering the members' eligible employees with such bargaining agency or
agencies as is required or may be permissible under applicable legislation;
(f) to introduce and develop common policies and standard practices relating to
employment and training, wage and employee benefits, administration, health and
welfare, with respect to members' eligible personnel, and the preparation of statistical
data with regards thereto;
(g) to represent members in respect of matters relating to the application and
enforcement of legislation governing labour standards;
(h) to liaise with other construction associations in matters of mutual interest; and
(i) for such other complementary purposes not inconsistent with these objects.
07109 (0812005)
3.
5. The special provisions are:
Dispositions particulieres:
The corporation shall be carried on without the purpose of gain for its members, and any profits or other
accretions to the corporation shall be used In promoting its objects.
La personne morale dolt exercer ses activltes sans rechercher de gain pecuniaire pour ses membres, at tout
benefice ou tout accroissement de l'actif de Ia personne morale dolt etre utilise pour promouvoir ses objets.
07109 {08/2005)
4A
6.
The Names and address for service of the applicants:
Nom et prenoms et Domicile elu du requerants:
First name, middle names and surname
Prinom. azttres prenoms et 110111 de faille
Domicile e/u, y compris Ia rue et le mtmero 011 le numero de Ia RR.• le nom
de Ia mu11icipalite, Ia province. le pays et le code postal
Larry MacDonald
65 Intemational Blvd., Suite 202
Toronto, ON M9W 6L9
6.
The names and address for service of the applicants:
Nom et pre noms et domicile eludes requerants :
First name. middle names and
surname
Prenom, au/res Prenoms et nom de
famille
Address for service, giving Street & No. or R.R. No., Municipality, Province,
Country and Postal Code
Domicile elu, y compris fa rue et fe numero, /e numero de Ia R.R. ou le
nom de Ia municipa/ite, fa province, le pays et le code postal
Dave Radtke
Toronto, ON M9W 6L9
John Murphy
Toronto, ON M9W 6L9
Nairn McQueen
Toronto, ON M9W 6L9
John Sauger
Toronto, ON M9W 6L9
Joe Dotchin
Toronto, ON M9W 6L9
This application is executed in duplicate.
La presente requete est faite en double exemplaire.
Signatures of applicants
Signature des requerants
J·<#-:1/h
.
071 09 (08/2005)
Dotchin
-
4.
'
·,'I
4A
6.
The Names and address for service of the applicants:
Nom et prenoms et Domicile elu du requerants:
First nnmc, middle names and surname
Prenom, a11tres prenoms et nom defallle
Domicile elu, y comprfs Ia rue et /e munero 011 fe nunuJro de Ia R.R., le nom
de la nmnicipalite, Ia province, Je pays et le code postal
Lm1'Y MacDonald
65 Intetnational Blvd., Suite 202
Toronto, ON M9W 6L9
AMENDED BY-LAW No. 1
A by-law relating generally to the conduct of the affairs of
THE ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION
(the "Corporation")
BE IT ENACTED as a by-law of the Corporation:
1.
INTERPRETATION
1.1
Meaning of Words
Subject to section 1.2, in this by-law and all other by-laws of the Corporation unless the context otherwise
requires:
"Applicant Member" means the applicant(s) for incorporation of the Corporation;
"Board" means the board of Directors;
"BP Directors" means the Directors elected or appointed by the BP Member;
"BP Member" means the Member representing Bruce Power L.P.;
"Contractor Member" has the meaning specified in section 8.2(d);
"Contractor Directors" means the Directors elected or appointed by the Contractor Members;
"Corporations Act" means the Corporations Act, R.S.O. 1990, c. C.38, including the regulations
promulgated thereunder and any statute amending or enacted in substitution thereof, from time to
time;
"Designate" means an individual who is permitted to attend a meeting of the LRC by a
Contractor Director, whether or not accompanied by such Contractor Director;
"Director" means a director of the Corporation;
"Generation Projects" pertains to work performed on property owned by Ontario Power
Generation Inc. or Bruce Power L.P. or any of its affiliates;
"HON Directors" means the Directors elected or appointed by the HON Member;
"HON Member" means the Member representing Hydro One Networks Inc.;
"LRC" has the meaning specified in section 11.1;
"Labour Relation Matters" means all matters relating to or arising from or associated with the
negotiation and administration of EPSCA collective agreements;
"Member" means a member of the Corporation;
"Officer" means an officer of the Corporation;
"OPG Directors" mean the Directors elected or appointed by the OPG Member;
"OPG Member" means the Member representing Ontario Power Generation Inc.;
"President" means the president of the Corporation;
"Secretary" means the secretary of the Corporation;
"Transmission" pertains to work performed on property owned by Hydro One Networks Inc. or
any of its affiliates; and
"Treasurer" means the treasurer of the Corporation.
1.2
Corporations Act Terms
Any terms used herein which are defined in the Corporations Act shall have the same meanings in this bylaw.
2.
HEAD OFFICE
The head office of the Corporation shall be in the City of Toronto in the Province of Ontario, and at such
place therein as the Board may from time to time determine.
3.
SEAL
The corporate seal of the Corporation shall be such as the Board may by resolution from time to time
adopt, and shall be entrusted to the Secretary for its use and safekeeping.
4.
DIRECTORS
4.1
Board of Directors
Upon incorporation, the affairs of the ·corporation shall be managed by a Board consisting of the
Applicant Members named in the letters patent of the Corporation. Thereafter, the affairs of the
Corporation shall be managed by a Board consisting of two Directors elected by the BP Member, two
Directors elected by the HON Member, two Directors elected by the OPG Member and twelve Directors
elected by the Contractor Members. The Directors may exercise all such powers and may do all such acts
and things as may be exercised or done by the Corporation and that are not by the by-laws, any resolution
of the Members or by statute expressly directed or required to be done by the Corporation at a meeting of
Members.
4.2
Qualification of Director
Each Director shall:
(a)
be an individual;
(b)
be at least 18 years of age; and
(c)
not be an undischarged bankrupt or a mentally incompetent person.
2
4.3
Election of Directors
(I)
The Applicant Members shall be the first Directors whose term of office on the Board shall
continue until their successors are elected or appointed.
(2)
Subject to the provisions of the Corporations Act, the Contractor Members shall be entitled to
elect twelve Directors at each annual meeting of the Members and each of the OPG Member, the
BP Member and the HON Member shall be entitled to elect two Directors to serve on the Board
of Directors, such that in accordance with Section 4.3(3) below, the Board of Directors shall
consist of eighteen (18) Directors.
(3)
At the next meeting of the Members of the Corporation (the "Special Meeting") to be held
following the effective date of these amended and restated Bylaws (the "Effective Date") and
prior to the next annual meeting of Members, the OPG Member, the BP Member, and the HON
Member shall each be entitled to elect one additional Director, such that each of the OPG
Member, the BP Member and the HON Member shall have two Director representatives on the
Board of Directors and the total number of Directors serving on the Board of Directors following
the Special Meeting shall be eighteen (18).
At the next annual meeting of Members following the Special Meeting, (i) the OPG Member, the
BP Member, and the HON Member shall each elect two Directors, one of whom shall be
designated to serve for a term of one year from the date of such annual meeting, and one of whom
shall be designated to serve for a term of two years from the date of such annual meeting, or until
their successors shall have been elected or appointed, whichever comes first; and (ii) the
Contractor Members shall elect twelve (12) Directors, six (6) of which shall be designated to
serve for a term of one year from the date of such annual meeting and six (6) of which shall be
designated to serve for a term of two (2) years from the date of such annual meeting, or until their
successors shall have been elected or appointed, whichever comes first. For greater certainty,
subsequent to the next annual meeting following the Effective Date, each Director shall serve for
a term of two (2) years in accordance with Section 4.3(2) or until their successors shall have been
elected or appointed, whichever comes first.
(4)
Subject to sections 4.3(3), 4.4 and 4.5 (or the provisions, if any, of the letters patent or any
supplementary letters patent issued to the Corporation), each Director's term of office shall be
until the annual meeting which is two years from the date of the meeting at which they are elected
or appointed or until their successors shall have been elected or appointed, whichever comes first.
(5)
A Director, if otherwise qualified, may be re-elected at the end of his or her term.
(6)
Nominees for election as Directors shall be:
(a)
in the case of any nominee of the Contractor Members, the individuals whose names are
put in nomination by any Contractor Member at any time before nominations are closed
at the meeting of Members at which the election of Directors is held, provided that the
nominee is the proprietor, a partner, an executive officer or an authorized representative
employee of a Contractor Member; and
(b)
in the case of any nominees of the OPG Member, the BP Member or the HON Member,
the names put forth by such Members.
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(7)
Where:
(a)
the number of candidates nominated is less than or equal to the number of offices to be
filled, the candidates shall be elected as Directors by acclamation; and
(b)
the number of candidates nominated is greater than the number of offices to be filled, the
election shall proceed by ballot, in which case, subject to section 4.3(3), the OPG
Member shall be entitled to elect two nominees to the Board, the BP Member shall be
entitled to elect two nominees to the Board, the HON Member shall be entitled to elect
two nominees to the Board and the Contractor Members, as a group, shall be entitled to
elect a total of twelve nominees to the Board.
(8)
The Board may prescribe the form of nomination paper and the form of ballot.
4.4
Vacation of Office
(I)
A Director ceases to hold office if:
(a)
the Director becomes bankrupt, or suspends payment of debts, or compounds with
creditors, or makes an assignment for the benefit of creditors or is declared insolvent;
(b)
the Director is found by a court to be a mentally incompetent person;
(c)
the Director was a nominee of, and was elected or appointed by, the Contractor Members,
the Contractor Member of which he or she is a proprietor, a partner, executive officer or
an authorized representative employee ceases to be a Member;
(d)
the Director was elected or appointed by the Contractor Members, the Director ceases to
be a proprietor, a partner, an executive officer or an authorized representative employee
of a Contractor Member;
(e)
the Director, by notice in writing to the Secretary, resigns his or her office, which
resignation shall be effective on the date it is received by the Corporation or on the date
specified by the notice, whichever is later; or
(f)
the Director dies.
(2)
If a Director ceases to be a director pursuant to section 4.4(1 ), the vacancy may be filled by a
qualified individual appointed by the class of Members entitled to elect or appoint such Director,
and any Director so appointed or elected to fill such vacancy shall hold office for the unexpired
term of the Director who ceased to be a Director and who caused such vacancy.
4.5
Removal of Directors
The Members of a class may, by resolution passed by at least two-thirds of the Members of such class,
remove any Director elected or appointed by such class of Members before the expiration of the term of
such Director and may appoint or elect any qualified individual in his or her stead for the remainder of the
term of the Director who has been removed by such Members. The BP Directors, the HON Directors and
the OPG Directors may only be removed by a notice in writing to the Secretary of the BP Member, the
HON Member and the OPG Member, respectively.
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4.6
Remuneration of Directors
The Directors shall serve without remuneration and no Director shall directly or indirectly receive any
profit from his or her position as such, provided that a Director may be reimbursed for reasonable
expenses incurred by him or her in the performance of the Director's duties, as determined by the Board
from time to time.
5.
MEETINGS OF DIRECTORS
5.1
Meetings
Meetings of the Board may be held at any place within or outside Ontario as designated in the notice
calling the meeting. Meetings of the Board may be called by the President as occasion may arise or at the
written request of two or more of Directors, provided that the Board shall meet at least once every three
months. If permitted by the Corporations Act, any resolution signed by all the Directors is as valid and
effective as if passed at a duly constituted meeting of the Directors.
If all the Directors present at or participating in a meeting consent, a meeting of the Directors or of a
committee of the Directors may be held by means of telephone, electronic or other facilities which permit
all persons participating in the meeting to communicate with each other simultaneously and
instantaneously, and a Director participating in such a meeting by such means is deemed to be present at
the meeting.
5.2
Notice
(1)
Notice for any meeting of the Board shall be given at least 72 hours before the meeting is to take
place, provided that notice of any emergency meeting may be given not less than 12 hours prior
thereto. Notice of any meeting of the Board shall be delivered, mailed or sent electronically or
otherwise communicated in writing to each Director.
(2)
Meetings of the Board may be held at any time without formal notice if all of the Directors are
present or those absent have waived notice or have signified their assent in writing to such
meeting being held in their absence. Notice of any meeting or any irregularity in any meeting or
in the notice thereof may be waived by any Director.
(3)
For the first meeting of the Board to be held immediately following the election of Directors at an
annual meeting of the Members or for a meeting of the Board at which a Director is appointed to
fill a vacancy in the Board, no notice of such meeting need be given to the Director or Directors
so elected or appointed in order for the meeting to be duly constituted, provided that a quorum of
the Directors is present.
5.3
Chairperson
The President shall, when present, preside as chairperson, at all meetings of the Board. In the absence of
the President at a meeting of the Board, the Directors present shall choose from among their numbers a
Director to act as the chairperson of the meeting.
5.4
Quorum
A quorum at any meeting of the Board shall be six Directors consisting of: (i) any three of the BP
Directors, the HON Directors and the OPG Directors; and (ii) at least three of the Contractor Directors.
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5.5
Decisions of Board
(I)
Questions arising at any meeting of the Board shall be decided by a majority of votes cast.
(2)
In the case of an equality of votes, the chairperson of the meeting, in addition to his or her
original vote, shall have a second or casting vote. A declaration by the chairperson of the
meeting that a resolution has been carried and an entry to that effect in the minutes is conclusive
evidence of the fact without proof of the number or proportion of votes recorded in favour of or
against the resolution.
6.
OFFICERS
6.1
Officers
The Board shall, as often as may be required or as set out in this by-law, appoint a President, a Vice
President, a General Manager, a Secretary, a Treasurer, and a Legal Counsel. The offices of Secretary and
Treasurer may, in the discretion of the Board, be held by the same person who may but not need be
known as the Secretary-Treasurer. The Board may appoint such other Officers and agents as it shall deem
necessary who shall have such authority and shall perform such duties as may from time to time be
prescribed by the Board.
6.2
President
( 1)
The President shall be appointed from among the Directors and shall be appointed every two
years by the Board at the first meeting ofthe Directors following the annual meeting of Members.
(2)
The President shall be the chief administrative officer of the Corporation and shall be responsible
to the Board for the co-ordination of all affairs of the Corporation. The President shall preside as
chairperson at all meetings of the Board and the Members. The President shall sign such
contracts, documents or instruments in writing as require his or her signature, as more particularly
set forth in section 12.2.
6.3
Vice President
The Vice President shall be appointed from among the Directors and shall perform such duties as from
time to time may be assigned by the President or by or at the direction of the Board.
6.4
General Manager
The General Manager shall be the general manager of the Corporation, responsible for managing the
business of the Corporation and shall be responsible to, and subject to the direction of, the Board. The
General Manager shall be entitled to receive notice of, and attend and be heard at all Board meetings, but
shall not be entitled to vote at any meeting of the Board.
6.5
Secretary
The Secretary shall keep complete and accurate minutes of all proceedings which take place at meetings
ofthe Board, the executive committee, if any, and the Members. The Secretary shall have custody ofthe
corporate seal of the Corporation and shall keep the books, papers and records of the Corporation.
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6.6
Treasurer
The Treasurer shall have the care and custody of all the funds of the Corporation and shall deposit the
same in the name of the Corporation in such bank or banks or with such depository or depositories as the
Board may direct. The Treasurer may be required to give such bond for the faithful performance of his or
her duties as the Board in its discretion may require, but no Director or Officer shall be liable for the
failure to require any bond or for the insufficiency of any bond or for any loss by reason of the failure of
the Corporation to receive any indemnity thereby provided.
6. 7
Legal Counsel
The Legal Counsel shall be a member in good standing of the Law Society of Upper Canada, and shall be
responsible to, and subject to the direction of, the Board. The Legal Counsel shall (a) advise the board on
legal matters or proceedings arising from the exercise of the Board's duties; (b) review all materials
prepared for the board for legal accuracy and sufficiency and direct any necessary revisions; (c) review all
contracts and other legal or binding documents on behalf of the Corporation; (d) represent the
Corporation in legal proceedings or, with the approval of the Board, hire or designate another attorney to
do so; (e) maintain the Corporation's registration and compliance with the appropriate government and
regulatory authorities; and (f) serve as registered agent for the Corporation. The Legal Counsel shall be
entitled to receive notice of, and attend and be heard at all Board meetings, but shall not be entitled to
vote at any meeting of the Board.
6.8
Vacancies
If the office of President, Vice President, General Manager, Secretary, Treasurer, or Legal Counsel shall
be or become vacant by reason of death, resignation, disqualification or otherwise, the Directors may elect
or appoint an Officer to fill such vacancy, subject to the provisions of this section 6.
6.9
Remuneration of Officers
The Board may fix the remuneration to be paid to Officers.
6. t 0
Removal of Officers
All Officers, in the absence of any employment agreement to the contrary, shall be subject to removal by
resolution of the Board at any time with or without cause.
6.1 t
Delegation of Duties of Officers
In the case of absence or inability to act of the President, Vice President, General Manager, Secretary,
Treasurer, Legal Counsel, or any other Officer or for any other reason that the Directors may deem
sufficient, the Directors may delegate all or any of the powers of such Officer to any other Officer or to
any Director for the time being.
7.
INDEMNIFICATION AND PROTECTION OF DIRECTORS AND OFFICERS
7.1
Indemnities
(I)
Every Director and Officer, and his or her heirs, executors and administrators, and estate and
effects, respectively, may, with the consent of the Corporation, given at any meeting of the
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Members, from time to time and at all times, be indemnified and saved harmless out of the funds
of the Corporation, from and against,
(a) all costs, charges and expenses whatsoever that he, she or it sustains or incurs in or about any
action, suit or proceeding that is brought, commenced or prosecuted against him, her or it, for
or in respect of any act, deed, matter or thing whatsoever, made, done or permitted by him,
her or it, in or about the execution of the duties ofhis, her or its office; and
(b) all other costs, charges and expenses that he, she or it sustains or incurs in or about or in
relation to the affairs thereof, except such costs, charges or expenses as are occasioned by
his, her or its own wilful neglect or default.
(2)
Subject to the Corporations Act, the Corporation may purchase and maintain insurance for the
benefit of any person referred to in section 7.1 (I) against any liability incurred by that person in
the capacity as a Director or Officer, except where the liability relates to that person's failure to
act honestly and in good faith with a view to the best interests of the Corporation.
7.2
Protection of Directors and Officers
( 1)
No Director or Officer shall be liable for the acts, receipts, neglects or defaults of any other
Director, Officer or employee of the Corporation or for any loss, damage or expense happening to
the Corporation through the insufficiency or deficiency of title to any property acquired by order
of the Board or for or on behalf of the Corporation or for the insufficiency of any security in or
upon which any of the moneys of or belonging to the Corporation shall be placed out or invested
or for any loss or damage arising from the bankruptcy, insolvency or tortious act of any person,
firm or corporation with whom or which any moneys, securities or effects shall be lodged or
deposited or for any other loss, damage or misfortune whatever which may happen in the
execution of the duties of his or her respective office or trust or in relation thereto unless the same
shall happen by or through the wrongful and willful act or through the willful neglect or default
of such Directors or Officers.
(2)
The Directors shall not be under any duty or responsibility in respect of any contract, act or
transaction whether or not made, done or entered into in the name or on behalf of the
Corporation, except such as shall have been submitted to and authorized or approved by the
Board. If any Director or Officer shall be employed by or shall perform services for the
Corporation otherwise than as a Director or Officer or shall be a member of a firm or a director or
officer of a company which is employed by or performs services for the Corporation, the fact of
his or her being a Director or Officer shall not disentitle such Director or Officer or such firm or
company, as the case may be, from receiving reasonable remuneration for such services.
8.
MEMBERSHIP
8.1
Qualification
The Members shall be those persons who are from time to time enrolled as Members at the Corporation's
head office. There shall be maintained at the head office of the Corporation a list of Members in good
standing enrolled at such office. Save as otherwise expressly herein provided, the fee for membership in
the Corporation for each class of Member (as hereinafter provided for), shall be such amount per annum
as may be fixed from time to time by the Board.
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8.2
Classes of Membership
There shall be five classes of membership of the Corporation, namely:
(a)
the BP Member, which class shall be open to Bruce Power L.P. exclusively;
(b)
the HON Member, which class shall be open to Hydro One Networks Inc. exclusively;
(c)
the OPG Member, which class shall be open to Ontario Power Generation Inc.
exclusively;
(d)
contractor members (each, a "Contractor Member"), which class shall be open to those
employers operating a business in the construction industry as defined in the Labour
Relations Act (Ontario) who have filed an application for membership with the
Corporation and who have been admitted as Contractor Members at the sole discretion of
the Board; and
(e)
a class which Is comprised solely of, and limited to, the Applicant Member(s),
exclusively.
8.3
Right of Classes
( 1)
The BP Member shall be entitled to nominate and elect two Directors and shall otherwise have
and be entitled to exercise one vote at all meetings of Members.
(2)
The HON Member shall be entitled to nominate and elect two Directors and shall otherwise have
(3)
The OPG Member shall be entitled to nominate and elect two Directors and shall otherwise have
(4)
The Contractor Members in good standing shall be entitled, as a group, to nominate and elect up
to twelve Directors and each Contractor Member shall otherwise have and be entitled to exercise
one vote at all meetings of Members.
(5)
The Applicant Member(s) shall be entitled to receive notice of, and attend and be heard at all
meetings of Members, but shall not be entitled to vote at any meeting of Members.
8.4
Applications
Application for membership shall be made in writing in such form as the Corporation may require and
shall be accompanied by the amount of membership fee in force at the time.
8.5
Transfer of Membership
Membership in the Corporation is not transferrable except as otherwise set out in the letters patent or
supplementary letters patent of the Corporation.
8.6
Suspension/Revocation of Membership
If any Member violates the letters patent, supplementary letters patent or by-laws of the Corporation, such
Member may be suspended or expelled from the Corporation, or otherwise disciplined by majority vote of
9
all Members at a special meeting duly called for such purpose but only subsequent to such Member being
given a reasonable opportunity to appear before the meeting for the purpose of advancing explanations
and making other representations on its behalf; provided, however, that a Member who is a Director shall
not be suspended or terminated unless such Member has first been removed as a Director.
8.7
Termination of Membership
Membership in the Corporation automatically terminates upon the happening of any of the following
events:
8.8
(a)
if a Member, other than the BP Member, the HON Member or the OPG Member, ceases
to be an employer who operates a business in the construction industry as defined in the
Labour Relations Act (Ontario) as determined by the Board in its sole discretion;
(b)
if a Member is suspended or expelled from the Corporation pursuant to section 8.6; or
(c)
if a Member has not paid its annual dues or assessments within 60 days of receipt of the
first notification that the dues and assessments are payable, and the Board then decides to
terminate the membership.
Resignation
Any Member may resign as a Member by letter addressed to the Secretary at the head office of the
Corporation which resignation shall be effective on the date it is received by the Corporation on the dated
specified therein, whichever is later. In the case of resignation, a Member shall remain liable for payment
of any assessment or other sum levied or which became payable by the Member to the Corporation prior
to the Member's resignation.
8.9
Fees and Assessments
The annual fee shall be determined by the Board for presentation to and approval by the Members at the
annual meeting. Special assessments may also be levied to the extent approved by Members at meetings
of Members. Annual fees and special assessments shall become due and payable upon receipt of an
invoice from the Corporation.
8.10
Liability of Members
Members shall not, as such, be held answerable or responsible for any act, default, obligation or liability
of the Corporation or for any engagement, claim, payment, loss, injury, transaction, matter or thing
relating to or connected with the Corporation.
8.11
Indemnity of the Corporation
Should any Member do anything or fail to do anything which results in a claim being made or an action
being brought against the Corporation, the Corporation shall be indemnified by the Member for all
expenses, damages and costs incurred, unless the Member's action has been taken under the direction or
with the approval of the Corporation.
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9.
MEETINGS OF MEMBERS
9.1
Annual Meetings
The Corporation shall hold an annual meeting of the Members not later than 18 months after its
incorporation and subsequently not more than 15 months after the holding of the last preceding annual
meeting. Notice of the annual meeting of Members and notice of nominations to the Board shall be sent
I 0 clear days prior to the annual meeting, or such greater time as required by applicable laws.
Nominations must be sent to the Corporation's head office no later than 5 days prior to the date of the
annual meeting of Members. The annual meeting of Members shall be held at the head office of the
Corporation, or such other place within Ontario, on such day in each year and at such time as the Board
may by resolution determine, for the purpose of:
9.2
(a)
hearing and receiving the reports and statements required by the Corporations Act to be
read at and laid before an annual meeting of Members;
(b)
electing such Directors as are to be elected at such annual meeting;
(c)
appointing an auditor or firm of auditors, and fixing or allowing the Board to fix the
remuneration therefor; and
(d)
the transaction of any other business properly brought before the meeting.
General Meetings
Other meetings of the Members (to be known as "general meetings") may be convened at any time, to be
held on any date and at any time and at any place within Ontario, by order of the Directors for the
transaction of any business, the general nature of which is specified in the notice calling the general
meeting. In addition, the Directors shall call a general meeting of the Members upon receipt of a written
requisition to do so of not less than 10% of the Members entitled to vote at such meeting.
9.3
Notice of Meetings
Notices of all meetings of Members shall be sufficiently given if sent by prepaid letter mail, addressed to
the Member at its address on the record of the books of the Corporation, or electronically at the Member's
registered electronic address, not less than 45 days prior thereto.
9.4
Quorum
A quorum for the transaction of business at any meeting of Members shall consist of not less than six
Members which must include; i) any three of the BP Member, the HON Member and the OPG Member
present in person or represented by proxy and; ii) at least three of the Contractor Members.
9.5
Chairperson
The President shall, when present, preside as chairperson, at all meetings of the Members. In the absence
of the President, the Members entitled to vote at any meeting of Members shall choose another Director to
act as the chairperson of the meeting.
II
9.6
Decisions of Members
( l)
Unless otherwise required by the provisions of the Corporations Act or the by-laws of the
Corporation, all questions proposed for consideration at any meeting of Members shall be
determined by a majority of the votes cast by Members entitled to vote in accordance with section
8.3.
(2)
In the case of an equality of votes, a deadlock shall be deemed to exist. If a deadlock arises on
any question proposed at any meeting of Members, the Members shall meet within five business
days from the date of the meeting of Members at which such deadlock arose for the express
purpose of attempting to resolve the deadlock. If after such second meeting the deadlock
remains, two or more Members may, within five business days following such second meeting of
Members, refer the matter giving rise to the deadlock to an arbitrator appointed by the Board.
The provisions of the Arbitrations Act, 1991 (Ontario) shall be applicable to any arbitration held
under this section and the arbitrator shall have jurisdiction to do all acts and make such orders as
provided in such statute, provided that the arbitrator shall render a decision within seven business
days from the date the matter was referred to such arbitrator, unless extended by the Board, acting
reasonably. The fees and expenses of the arbitrator shall be paid by the Corporation.
9.7
Show of Hands
At all meetings of Members every question shall be decided by a show of hands unless otherwise required
by this by-law, any other by-law of the Corporation or unless a poll is required by the chairperson of the
meeting or requested by any Member entitled to vote. Upon a show of hands, every Member entitled to
vote, or proxy holder for a Member entitled to vote, shall have the number of votes to which such
Member is entitled. Whenever a vote by show of hands has been taken upon a question, unless a poll is
requested, a declaration by the chairperson that a resolution has been carried or lost by a particular
majority and an entry to that effect in the minutes of the Corporation is conclusive evidence of the fact
without proof of the number or proportion of votes recorded in favour of or against the motion.
9.8
Polls
If at any meeting of Members a poll is requested on the election of a chairperson or on the question of
adjournment, it must be taken forthwith without adjournment. If a poll is requested on any other question,
it shall be taken in the manner and either at once or later at the meeting or after adjournment as the
chairperson directs. The result of a poll shall be deemed to be the resolution of the meeting at which the
poll was requested. A request for a poll may be withdrawn at any time prior to the taking of the poll.
9.9
Proxies
Every Member entitled to vote at meetings of Members may by means of a proxy appoint a person who
need not be a Member, as nominee for the Member, to attend and act at the meeting in the manner, to the
extent and with the power conferred by the proxy. A proxy shall be in writing, shall be executed by the
Member entitled to vote or the attorney of the Member authorized in writing, or, if the Member is a body
corporate, under its corporate seal or by an officer or attorney thereof duly authorized, and ceases to be
valid one year from its date. Subject to the requirements of the Corporations Act, a proxy may be in such
form as the Board may from time to time prescribe or in such other form as the chairperson of the meeting
may accept as sufficient, and shall be deposited with the secretary of the meeting before any vote is called
under its authority, or at such earlier time and in such manner as the Board may prescribe.
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9.10
Adjournments
Any meeting of Members may be adjourned to any time and from time to time, and any business may be
transacted at any adjourned meeting that might have been transacted at the original meeting from which
the adjournment took place. No notice is required of any adjourned meeting.
10.
COMMITTEES
10.1
Executive Committee
The Board may appoint an executive committee of the Board, consisting of such Directors as may be
determined by the Board.
10.2
Powers of the Executive Committee
The executive committee of the Board may exercise any of the powers of the Board, other than those
powers exercised by the LRC, unless otherwise agreed to by the LRC, and the powers to make, alter and
repeal the by-laws of the Corporation.
10.3
Audit Committee
The Board may appoint an audit committee of the Board, consisting of such Directors as may be
determined by the Board.
10.4
Health, Wellness, and Safety Committee
The Board may appoint a health, wellness, and safety committee of the Board, consisting of such
Directors as may be determined by the Board.
10.5
Other Committees
The Board may establish such other committees as it may consider desirable for carrying on the business
of the Corporation.
11.
LABOUR RELATIONS COMMITTEE
11.1
Appointment and Purpose
The Board shall constitute annually from among the Directors a committee to be known as the Labour
Relations Committee (the "LRC"). The Board shall delegate to the LRC, and the LRC shall have the
authority to review, consider, manage and determine, all Labour Relation Matters including, without
limitation, the bargaining strategy of the Corporation, and shall advise and assist the Board by making
recommendations for such Labour Relation Matters which only the Board has authority to determine
pursuant to the Corporations Act.
11.2
Composition of the LRC
The composition of the LRC shall consist of all of the Directors comprising the Board.
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11.3
Removal ofLRC Members
Any member of the LRC shall at any time cease to be a member thereof upon ceasing to be a Director.
Subject to the foregoing, each member of the LRC shall hold office as such until the next annual meeting
of the Members after his or her election as a Director.
11.4
Meetings
Meetings of the LRC may be held at any place within or outside Ontario as designated in the notice
calling the meeting. Each Contractor Director who is a member of the LRC shall be entitled to invite a
Designate to attend any LRC meeting, whether or not accompanied by such Contractor Director providing
that such Designate has been previously approved in writing by the LRC. Each Designate shall be
entitled to participate in an LRC meeting on behalf of the Contractor Director who invited such Designate
to attend, but shall not have any other rights, powers or authority that the Corporations Act reserves to
Directors, including the power to vote. The presence of the Designate will not count towards quorum. If
all the members of the LRC present at or participating in a meeting consent, a meeting of the LRC may be
held by means of telephone, electronic or other facilities which permit all persons participating in the
meeting to communicate with each other simultaneously and instantaneously, and a member of the LRC
participating in such a meeting by such means is deemed to be present at the meeting .. The LRC shall
meet at least once every three months. Minutes of each meeting will be kept by the Secretary and
distributed to the Board.
11.5
Notice
(I)
Notice for any meeting shall be delivered to all members of the LRC at least 72 hours in advance
of the scheduled meeting, provided that notice of any emergency meeting may be given not less
than 12 hours prior thereto. Notice of any meeting shall be delivered, mailed or sent electronically
or otherwise communicated in writing to each member of the LRC.
(2)
Meetings of the LRC may be held at any time without formal notice if all of the members of the
LRC are present or those absent have waived notice or have signified their assent in writing to
such meeting being held in their absence. Notice of any meeting or any irregularity in any
meeting or in the notice thereof may be waived by any member of the LRC.
11.6
LRC Chairperson
(I)
The LRC chairperson shall be elected by the members of the LRC from among their numbers.
(2)
The LRC chairperson shall, when present, preside at all meetings of the LRC. In the absence of
the LRC chairperson at a meeting of the LRC, the members of the LRC present shall choose
another member of the LRC to act as the chairperson of the meeting.
11.7
Quorum
A quorum at any meeting of the LRC shall be six members consisting of: (i) any three of the BP
Directors, the HON Directors and the OPG Directors; and (ii) at least three of the Contractor Directors.
11.8
Decisions of the LRC
(l)
Questions arising at any meeting of the LRC shall be decided by a majority of votes cast. The
Contractor Directors shall each be entitled to exercise one vote at all meetings of the LRC. The
14
BP Directors, HON Directors, and OPG Directors shall each be entitled to exercise at all
meetings of the LRC the number of votes equal to 1/3 of the aggregate number of votes entitled to
be exercised by the Contractor Directors as a group. Notwithstanding the foregoing and section
11.7, and in addition thereto:
(a)
any question relating to the approval or ratification of a collective agreement relating to
both Generation Projects and Transmission shall require the affirmative votes of the OPG
Directors, the BP Directors and the HON Directors and a majority of the Contractor
Directors present at the meeting in person or by electronic means;
(b)
Generation Projects only shall require the affirmative votes of each of the OPG Directors,
the BP Directors and a majority of the Contractor Directors present at the meeting in
person or by electronic means; and
(c)
Transmission only shall require the affirmative votes of the HON Directors and a majority
of the Contractor Directors present at the meeting in person or by electronic means.
(2)
In the case of an equality of votes, the chairperson of the LRC, in addition to his or her original
vote, shall have a second or casting vote. A declaration by the chairperson of the LRC that a
resolution has been carried and an entry to that effect in the minutes is conclusive evidence of the
fact without proof of the number or proportion of votes recorded in favour of or against the
resolution.
11.9
Board Approval
For greater certainty, if any Labour Relation Matters must be decided by the Board sitting as a whole
pursuant to the Corporations Act, each decision of the LRC shall be presented as a recommendation of the
LRC to the Board for approval; otherwise, each decision of the LRC shall not require any further
authorization of the Board.
11.10 Amendments
No amendment to this Article 11 shall be effective until it has been confirmed by at least two-thirds of the
votes cast at an annual or general meeting of Members duly called for considering such amendment.
12.
EXECUTION OF DOCUMENTS
12.1
Cheques, Drafts, Notes, Etc.
All cheques, drafts or orders for the payment of money and all notes and acceptances, bills of exchange
and other security instruments shall be signed by the Officer or Officers or other person or persons in the
manner from time to time prescribed by the Board.
12.2
Execution of Documents
Documents requiring execution by the Corporation must be signed by the President together with any
other officials as may be designated from time to time by the Board and all documents so signed are
binding upon the Corporation without any further authorization or formality. The Board may from time to
time appoint any Officer or Officers or any other person or persons on behalf of the Corporation, either to
15
co-sign documents generally or to co-sign specific documents. The corporate seal of the Corporation
shall, when required, he affixed to documents executed in accordance with the foregoing.
12.3
Books and Records
The Board shall ensure that all necessary books and records of the Corporation required by the by-laws of
the Corporation or by any applicable statute are regularly and properly kept.
13.
BANKING ARRANGEMENTS
The Board shall designate, by resolution, the Officers and other persons authorized to transact the banking
business of the Corporation, or any part thereof, with the bank, trust company or other corporation
carrying on a banking business that the Board has designated as the Corporation's banker, to have the
authority set out in the resolution, including, unless otherwise restricted, the power to:
(a)
operate the Corporation's accounts with the banker;
(b)
make, sign, draw, accept, endorse, negotiate, lodge, deposit or transfer any of the
cheques, promissory notes, drafts, acceptances, bills of exchange and orders for the
payment of money;
(c)
issue receipts for and orders relating to any property of the Corporation;
(d)
execute any agreement relating to any banking business and defining the rights and
powers of the parties thereto; and
(e)
authorize any officer of the banker to do any act or thing on the Corporation's behalf to
facilitate the banking business.
14.
BORROWING BY THE CORPORATION
14.1
Board May Borrow
Subject to the limitations set out in any by-laws of the Corporation, its letters patent or supplementary
letters patent or as may be imposed by the Board from time to time, the Board may:
14.2
(a)
borrow money on the credit of the Corporation; or
(b)
charge, mortgage, hypothecate or pledge all or any of the real or personal property of the
Corporation, including book debts, rights, powers, franchises and undertakings, to secure
any securities or any money borrowed, or other debt, or any other obligation or liability
of the Corporation.
Board Authorized Signatories
From time to time, the Board may authorize any Director, Officer or employee of the Corporation or any
other person to make arrangements with reference to money borrowed or to be borrowed and as to the
terms and conditions of the loan thereof, and as to the security to be given therefor, with power to vary or
modify such arrangements, terms and conditions and to give such additional security as the Board may
authorize, and generally to manage, transact and settle the borrowing of money by the Corporation.
16
15.
FINANCIAL YEAR
The financial year of the Corporation shall terminate on December 31 in each year or on such other date
as the Board may from time to time by resolution determine.
16.
NOTICE
16.1
Computation of Time
In computing the date when notice must be given under any provision of the by-laws requiring a specified
number of days' notice of any meeting or other event, the date of giving the notice is, unless otherwise
provided, included.
16.2
Omissions and Errors
The accidental omission to give notice of any meeting of the Board or Members or the non-receipt of any
notice by any Director or Member or by the auditor of the Corporation or any error in any notice not
affecting its substance does not invalidate any resolution passed or any proceedings taken at the meeting.
Any Director, Member or the auditor of the Corporation may at any time waive notice of any meeting and
may ratify and approve any or all proceedings taken thereat.
17.
BY-LAWS AND AMENDMENTS, ETC.
17.1 The Board may from time to time pass by-laws relating in any way to the Corporation or to the
conduct of its affairs not contrary to the Corporations Act, its letters patent or supplementary letters
patent.
17.2 A by-law passed by the Board as provided in section 17.1 or any repeal, amendment or re-enactment
thereof, unless in the meantime confirmed at a general meeting of the Members duly called for that
purpose, is effective only until the next annual meeting of the Members and, unless confirmed thereat,
ceases to have effect at and from that time, and in that case no new by-law of the same or like substance
has any effect until confirmed at a general meeting of the Members.
18.
EFFECTIVE DATE
This by-law shall come into force without further formality upon its enactment.
17
COLLECTIVE AGREEMENT
· by and between
THE ELECTRICAL POWER SYSTEMS
CONSTRUCTION ASSOCIATION
{hereinafter called "EPSCA")
and the
MILLWRIGHT REGIONAL COUNCIL OF ONTARIO
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA
On behal,f of Affiliated Local Unions
1007,1151,1244,1410,1425,1592,1916 and 2309
{hereinafter called the "Union")
May 1, 201 0 - April 30, 2020
EPSCA/MILLWRIGHTS
INDEX
Page
Article 1
Article 2.
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Recognition
Classifications
Executive Committees
Project Committees
Accredited Union Representatives
Union Stewards
Advance Notice
Work Assignment
Jurisdictional Disputes
Union Security
Employment
Key Employees
Recall
Foremen
Wages
Pay Procedure
Call-In Pay
Reporting Pay on 8 Hour and 10 Hour Shifts
Inclement Weather Pay
Generation Projects
Daily Travel Allowance and Room and Board
Lines and Stations Construction
Daily Travel Allowance and Room and Board
Lines and Stations Construction
Daily Travel Time
Travel and Transportation
Standoff
Rest Period
Lunchroom Facilities
Meals on Overtime
Tools and Clothing
Protective Clothing and Equipment
Apprenticeship and Trades Training/Programs
Hours of Work
Shift Differential Rate
Welding Tests
Overtime Rates
Statutory Holidays
Grievance Procedure
Arbitration
2
3
3
4
5
5
7
7
8
10
11
13
14
14
·15
17
17
19
19
20
23
27
28
29
30
30
31
33
33
34
37
37
37
37
38
39
41
EPSCNMILLWRIGHTS
INDEX (continued)
Article 38
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45
No Strike- No Lockout
Benefits
Vacation and Statutory Holiday Pay Trust Funds
Association Fund
Radiation Work
R. P.A. Qualification
Aboriginal Content Commitment
Term of Agreement
42
42
43
44
44
45
45
46
Appendix A
Appendix B
Appendix C
Moose River Basin: Northern Ontario
7-Day Coverage - Nuclear Sites
7-Day Coverage - Hydro One (Lines and Stations)
49
47
51
Statement of Understanding No. 1
53
55
Letter of Understanding (re Statement of Understanding No. 3)
56
57
Letter of Understanding (re Statement of Understanding No. 4)
58
Statement of Understanding No. 6 - Employment Referrals
59
Statement of Understanding No. 7 - Late Payment of Board Allowance
60
Statement of Understanding- Room and Board Allowance North of the French River 61
Millwrights Regional Council of Ontario Collective Agreement- Tool List
62
Letter of Understanding- Re: Layout /Survey Type Work
64
Letter of Understanding- Re: Working Foremen
65
by and between
THE ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION
{hereinafter called 11 EPSCA 11 )
and the
MILLWRIGHT REGIONAL COUNCIL OF ONTARIO
{hereinafter called the "Union")
WHEREAS EPSCA is an Association formed to represent Employers in collective
bargaining and on their behalf enter into collective agreements covering those of their
employees in the bargaining unit as hereinafter defined;
AND WHEREAS the Union is the exclusive· bargaining agent for a bargaining unit
comprised of employees as defined in Article 1
AND WHEREAS it is the desire of the parties to conclude an agreement with a new
concept designed to bring stability, harmony, and an effective method to amicably
resolve problems in the electrical power systems sector of the construction industry, in
the Province of Ontario;
NOW THERE;FORE the parties hereby agree as follows:
EPSCN Millwright Regional Council Agreement
Effective May 1, 20 10 to April 30, 2020
Page 1
Article 1
RECOGNITION
1.1
EPSCA recognizes the Union as the exclusive bargaining agency for a
bargaining unit comprising employees as defined in Section 1.4 and foremen
as defined in Section 1.5 engaged in all construction industry work* performed
in the Province of Ontario on Ontario Power Generation Inc (OPGI) and Hydro
One property for the bl;llk power system, save and except the building of
commercial-type office facilities at urban locations remote from operating
facilities.
For the purpose of clarity, the bulk power system comprises generating
stations, hydraulic works, heavy water facilities, transmission lines (voltages
over 50 kV), transmission stations, microwave and repeater stations.
1.2
The work described in Section 1.1 shall also include work on property
acquired by Ontario Pqwer Generation Inc (OPGI) and Hydro One for:
(a) the supply of aggregate and concrete used in the construction of said
facilities; and
(b)
ancillary material yards which are defined as property acquired by
Ontario Power Generation Inc (OPGI) and Hydro One for the storage of
materials to be used on a project by Employers.
1.3
The Union recognizes EPSCA as the exclusive bargaining representative for
a11 Employers in respect of work performed by their respective employees in
the bargaining unit set forth in Section 1 .1 .
1.4
The term .. employee .. shall include all employees of the Employers in the
Millwright classifications as set in the wage schedules.
*
For the purpose of The Electrical Power Systems Construction Association, the work
performed Is deemed to be under the responsibility of the Engineering and
Construction Services Branch. The work encompasses:
• construction of new facilities
• additions to existing facilities
• major
• modifications
• rehabilitation
.
• reconstruction of existing facilities
Effective May 1, 2010 toApri/30, 2020
Page2
1.5
The term "employee" includes 11foreman .. and shall include all foremen of the
Employers between the ranks of, but not including, working foreman and
general foreman. The term "employee" includes foremen in Articles 16, 17,
18, 20, 21,22,24, 25, 26, 27, 28.1(b), 28.1(c), 31,35 and 40.
1.6
The term .. Employers .. shall include individual members of EPSCA and any
company, partnership, sole proprietorship, joint venture, contractor,
subcontractor or any person that is bound to this agreement.
1. 7
EPSCA and the Union agree the use of nomenclature is meant to refer to
both genders.
Article 2
CLASSIFICATIONS
2.1
The terms of this collective agreement shall apply to the classification of
Millwright.
2.2
Reference to Millwright in Article 2.1 above shall include welders, burners,
subforemen, journeymen, and apprentices employed in the Millwright trade.
2.3
Working Foremen- Where the crew size is five (5) or less, the foreman may be
required to work with the tools of the trade.
Article 3
EXECUTIVE COMMITTEES
3.1
The Union and EPSCA shall each appoint an Executive Committee. The
Executive Committee of EPSCA shall consist of the Board of Directors and the
officers of EPSCA. The Committees will meet together at least annually to
review matters associated with the administration of this Collective Agreement,
with the intent that administrative policies will be formulated for consideration
by each Executive Committee. The Executive Committees will also meet
t0gether to receive reports of joint committees established under this
Agreement.
Effective May 1, 2010 to April 30, 2020
Page3
Article.4
PROJECT COMMITTEES
4.1
A Project Committee shall be established for each of the Major Projects and
the Construction and Services Division.
4.2
The Committee will be responsible for conducting EPSCA/ Millwright concerns
for each Major Project or Construction and Services Division and will meet
quarterly or as necessary to deal with working and living conditions on the job,
excluding matters which may be grieved or negotiated and disputes involving
work assignments.
4.3
On the part of EPSCA, each Project Committee shall comprise the appropriate
Manager of Construction, General Superintendent, EPSCA Representative,
and a like number of contractor representatives elected from among and by the
contractors on each particular Major Project or Construction and Services
Division. In addition, the officers of EPSCA are ex officio members of this
Committee.
4.4
On the part of the Union, each Project Committee shall comprise the
appropriate accredited Union Representative for each Major Project or
Construction and Service Division, as defined in Article 5, and may include the
senior Union representatives. In addition, the officers of the Union are ex
officio members of this Committee.
4.5
The chairman of each EPSCA Project .Committee shall be the Manager of
Construction for the appropriate Major Project or Construction and Services
Division, as the case may be.
4.6
The chairman of each Union Project Committee shall be appointed by the
Union.
4. 7
Chairmanship of the meetings will alternate between the EPSCA Project
Committee chairman and the Union Project Committee chairman.
4.8
Answers to questions raised by either party shall be given, in writing, within
five (5} working days of the meeting by the party answering the questions to
the party who raised the questions.
4.9
When an urgent answer is needed to a problem not relevant to negotiation,
grievance or work assignment, the Project Committee will be called to meet
within forty-eight (48} hours, where practicable, to deal with the problem. The
Committee's answer will be given, in writing, to the party raising the question
within forty-eight (48} hours of the me~ting.
Page4
4.1 0
EPSCA and the Union will set the time and place of all Project Committee
meetings.
Article 5
ACCREDITED UNION REPRESENTATIVES
5.1
The senior representative of the Union will designate local union
representatives as Accredited Union Representatives to handle the day-to-day
administration of this Agreement on the basis of not more than two
representatives from the Union for each Major Project and a suitable number
for the Construction and Services Division. The Union will notify the General
Manager of EPSCA, in writing, of the names of such Union representatives, or
alternates in the event of illness or unavailability, so that they may be issued
identification cards to permit entry to the site. Such representatives, after
identifying themselves to the EPSCA representative upon entering the job site,
will be free to observe the progress and conduct of the work and to conduct
normal union business: The Union undertakes that these representatives will
not hinder or interfere in any way with the said work.
5.2
An Accredited Union Representative may be appointed by the Executive
Secretary
·
Treasurer of the Millwrights Council to be his designate in matters requiring the
involvement of Executive Secretary-Treasurer of the Millwrights Council.
The Executive Secretary-Treasurer of the Millwrights Council will inform
EPSCA, in writing, of the name, duration of, appointment and function of such
designate.
Article· 6
UNION STEWARDS
6.1
The Accredited Union Representatives shall inform the appropriate EPSCA
Representative and the Employer of the steward, in writing, of the names of all
stewards, one of whom shall be designated Chief Steward, as they are
appointed and when they cease to act as stewards, except as noted below. A
steward, other than a Chief Steward, shall exercise his duties only in respect to
employees of his Employer. A Chief Steward, in order to carry out his duties in
respect to employees of other than his Employer, shall first involve the EPSCA
Representative. A steward shall obtain permission from his immediate
supervisor before leaving his work area for union business. Such permission
shall not be unreasonably denied.
Except at Bruce Nuclear Power Development {BNPD):
EPSCA/ Millwright Regional Council Agreement
PageS
Only -in situations where an accredited Union Representative is unable to
attend pre-job and/or mark-up meetings, may the Chief Steward be designated
and attend, as part of the Chief Steward's duties, on behalf of the accredited
union representative.
6.2
The Union shall receive written notice ·before the employment of a steward is
terminated by his Employer, and provided the steward is able to perform the
work reQuired, he will be the last employee to be retained by his Employer in a
layoff/standoff situation.
6.2
The chief steward will be informed of all scheduled overtime. Where practical,
a
steward, in accordance with practices set out in individual trade appendices,
shall be given the first opportunity to vvork the overtime providing he is qualified
to perform the work.
6.4
No foreman or subforeman shall be permitted to act as a steward.
Article 7
ADVANCE NOTICE
7.1
EPSCA will advise the Union of all new Generation Station Projects and Lines
and Stations Construction Projects coming under the provisions of this
Agreement for the construction field forces of the Employers.
Upon the request of the Union, EPSCA will convene a prejob conference
before work commences to discuss preliminary details of the proposed work to
be performed and to establish conditions in accordance with this Agreement for
the project. EPSCA will record the minutes of prejob conferences and forward
them within fifteen {15) working days to the Union.
7.2
Subsequent prejob conferences will be convened by EPSCA before specific
portions of work commence to discuss the final details of the work and to
establish conditions in accordance with this agreement for that work.
7.3
EPSCA will provide written notice to the Union as far in advance as possible of
new work and prejob conferences as noted in Sections 7.1 and 7.2 above. For
work of less than one week's duration and requiring five {5) or less employees,
prejob meetings must be arranged with as much advance notice as possible by
the office of the General Manager of EPSCA, but without formal notice, in
writing, unless the prejob meeting has been waived by the parties.
PageS
Article 8
WORK ASSIGNMENT
8.1
The jurisdiction of the l)nions shall be that jurisdiction established by
Agreements between International Unions claiming the work or Decisions of
Record recognized by the AFL-CIO for the various classifications and the
character of work performed, having regard for the special requirements of
thermal, nuclear or hydraulic generation and transmission and transformation
construction. An Agreement or Decision of Record is one that is published by
the Building and Construction Trades Department, AFL-CIO (Agreement and
Decisions Rendered Affecting the Building Industry).
Where no Decision or Agreement applies, the Employer agrees to consider
evidence of established practices within the industry when making jurisdictional
assignments.
8.2
(a)
A markup process will be utilized when an Employer intends to perform
work on a project site*. The purpose of this markup process is to
indicate to the Union the work which is planned to be carried out by the
Employer in order to minimize the potential for jurisdictional disputes.
(b)
When work is to be performed on a project site and it meets the
following criteria: same employer, same work, same project site, the
markup process will not be required. This procedure shall not preclude
a Union's right to contest previously disputed work.
In the Electricity Production Zones when work falls within this criteria the
EPSCA Office will send out a "Notification of Work" along with a copy of
the original minutes of mark-up meeting(s) to the Local Union prior to
· work commencing. This procedure shall not preclude the Union's right
to contest previously assigned work, if the work is in a Local Union
jurisdiction other than the one it was marked up in.
(c)
When an Employer has work that is less than 3 weeks duration and
there are ten (1 0) or fewer employees covered by EPSCA Collective
Agreements employed on this specific work, the Union and Union
affiliates will be notified of the scope of work and the Employer's
proposed work assignments. The Unions will have two (2) weeks from
· the date of notification to submit jurisdictional claims and supporting
evidence to the Employer for consideration. The Employer will notify the
Union of the final work assignments prior to the commencement of the
work.
(d)
All work that does not meet the. criteria set out in clauses 8.2(b) or 8.2(c)
will be reviewed and assigned at a markup meeting.
Page7
*
(e)
EPSCA will provide written noti9e to the Union as far in advance as
possible of markup meetings. The Unions may attend these markup
meetings, and every effort will be made to settle questions of jurisdiction
before the work is expected to commence.
(f)
The Employer who has the responsibility for the work shall make a
proposed assignment of the work involved. The Employer shall be
responsible for providing copies of proposed assignments to the Union
at the markup meeting. The Employer will specify a reasonable time
limit for the Unions involved to submit evidence of their claims. The
Employer will evaluate all evide.nce submitted and make a final
assignment of the work involved. This final
assignment will be in accordance with the procedural rules established
by the Plan for the Settlement of Jurisdictional Disputes in the
Construction Industry. The Employer will advise the Unions of the final
assignments prior to the work commencing.
(g)
The EPSCA representative will record the proposed assignments and
jurisdictional claims and forward a copy of them within fifteen (15)
working days to the Union.
·
{h)
The parties recognize that circumstances may arise, particularly with
. discovery and emergency work, where the process set out above may
not be practical or possible, however reasonable effort will be made by
the Employer to' adhere to the appropriate trade jurisdiction.
For the purposes of this Article, Nanticoke, Lambton, Lakevlew/Hearn, BNPD, Pickering,
Darlington, Lines and Stations and the 5 Electricity Production Zones are each
considered Individual proJect sites.
Article 9
JURISDICTIONAL DISPUTES
9.1
(a)
In the event there is a jurisdictional dispute which cannot be settled on a
local basis by the Unions involved, it shall be submitted to the
International Unions involved for settlement without permitting it to
interfere in any way with the progress of the work at any time.
Any Union shall have the right to elect to pursue or respond to any
· jurisdictional disputes at the Ontario Labour Relations Board.
In the event another Union {or other Unions) has (have) the option to
pursue jurisdictional disputes at the Ontario Labour Relations Board, the
Union shall have the right to pursue or respond to any jurisdictional
Effective May 1, 2010 to Apr/130, 2020
PageS
disputes at the Ontario Labour Relations Board when these Unions are
involved in the jtirisdictional dispute.
In the event the Union elects to pursue or respond to the jurisdictional
dispute at the Ontario Labour Relations Board, clauses 9.1 (b) and 9.3
will NOT apply.
.
(b)
9.2
In the event that a jurisdictional dispute arises over a work assignment,
. the Employer will make an assignment for the work. Any Union which
protests that a contractor has failed to assign work in accordance with
the procedures specified above, shall remain at work and process the
complaint through its international office.
When a jurisdictional dispute exists in the electrical power systems sector,
upon request by the Executive Secretary Treasurer of the Millwrights Council of
either of the Unions involved, Employers shall furnish the Executive Secretary
Treasurer of the Millwrights Council with a letter from a duly authorized official
of th~ Employer on the Employer•s stationery, stating that the Union requesting
the letter was employed on specific types of work on a given project. The
Union requesting the information will supply the Employer with the name of the
other Union involved in the dispute and the Employer will provide that Union•s
Executive Secretary Treasurer of the Millwrights Council with a copy of the
letter being given to the requesting Union.
When a jurisdictional dispute exists in the electrical power system sector
between Unions and upon written request by the Executive Secretary
Treasurer of the Millwrights Council, the Employer shall supply the Executive
Secretary Treasurer of the Millwrights Council of the Union involved with a copy
of the evidence submitted by the other Union(s) involved along with drawings
and/or prints plus a description of the work or process in dispute.
9.3
In the event the Union elects to pursue or respond to the Jurisdictional Dispute
at the Ontario Labour Relations Board as governed by 9.4 above, the
arbitration board panel appointed by the Ontario Labour Relations Board
pursuant to the Act is not authorized to award damages in respect of a
misassignment of work only in circumstances where the other union(s) involved
in the proceedings is (are) equally restricted in their ability to claim for
d.amages. However, clause 9.6 shall not apply where the Jurisdictional Dispute
and the misassignment of work involves the same employer and the same
work, and on the same job previously the subject of a Jurisdictional Dispute
before the Ontario Labour Relations Board or the Plan for the Settlement of
Jurisdictional Disputes in the Construction Industry.
9.4
The board panel appointed by the Ontario Labour Relations Board will govern
its decision pursuant to its normal criteria.
Effective May 1, 2010 to Apri/30, 2020
Page9
9.5
In the event the Union elects to pursue or respond to the Jurisdictional Dispute
at the Ontario Labour Relations Board as governed by above, the decision of
the P!=lnel of the Ontario Labour Relations Board will be final and binding upon
the parties to this agreement with no further recourse to the Plan on the issue
d~cided by the Ontario- Labour Relations Board.
9.6
Assignments made with respect to critical path or emergent work of a de
minimus nature will not be subject to jurisdictional disputes. Such assignments
will not set practice or precedent and cannot be relied upon as evidence for
future assignments. This provision is only applicable when dealing with other
trades that have similar language in their collective agreement.
Article 10
UNION SECURITY
10.1
UNION MEMBERSHIP
(a)
Employees
As a condition of employment, all employees covered by this Agreement
shall either be members of, or will apply for membership in, the Union
within seven (7) days of employment. It shall also be a condition of
continued employment that employees maintain their union membership
in good standing.
(b)
Foremen
. As a condition of employment, all foremen covered by this Agreement
shall either be members of, or will apply for membership in, the Union
within seven (7) -days of employment. It shall also be a condition of
continued employment that foremen maintain their union membership in
good standing.
CHECKOFF
10.2
The Employers shall deduct union initiation fees and dues from their
employees' and foremen's wages. Such fees and dues will be deducted
weekly or monthly and transmitted to the designated official of the Union, on or
b~fore the 15th day of the month following the month in which deductions are
made, together with full checkoff lists of employees and foremen subject to
checkoff.
The Union shall indemnify EPSCA and the Employers for any liability arising
from the deduction of initiation fees and dues.
·
Page 10
Subject to 10.3 below, the Union, through the Executive Secretary-Treasurer of
the Millwrights Council, will notify EPSCA, in writing, of the appropriate initiation
fees and Union dues and of any changes to such fees and dues.
The Employer will check off initiation fees on receipt from the Union signed by
the employee.
10.3
Wage schedule, dues and remittance changes are to be provided in writing to
EPSCA and changes shall only take place during the month of March, except
for emergency situations as agreed to by both parties. The effective date of
such changed wage schedules, dues and remittances shall be the date of
issuance.
·
Dues deduction to be based on cents per hour paid and reflected on the wage
schedule.
1he Employer will only remit monies to a single location. Any redistribution is
the responsibility of the Union. By mutual agreement with the Union, an
Employer may elect to continue current administrative practices relative to the
deduction of union dues.
Article 11
EMPLOYMENT
11.1
(a)
For purposes of this Article, a geographic area will be established for
each Major Project and geographic areas for the Construction and
Services Division. The size of these geographic areas will be dependent
upon the location of the work and the trade concerned.
(b)
The boundaries of the geographic areas will be jointly established at
prejob conferences.
11 .2
An office will be established by EPSCA, or the Employer with the approval of
EPSCA, for each Major Project and the Construction and Services Division. A
purpose of this office will be to co-ordinate employment as specified in this
Article.
11.3
EPSCA, or the Employer with the approval of EPSCA, and the Union will
exchange the names of their representatives in each of the areas described in
11 .1 (a), who will be responsible for co-operating in the referral and employment
of reliable and competent union members.
11.4
EPSCA, or the Employer with the approval of EPSCA, will notify the
appropriate Unions of future manpower requirements for all employees coming
within the scope of this Agreement.
Page 11
11 .5
The employment of additional tradesmen and apprentices, excluding key
tradesmen and tradesmen employed through the Employment Request Article
11 .6, shall be carried out on the following basis and sequence:
(a)
The EPSCA office, or the Employer with the approval of EPSCA, will
request the local union office for tradesmen and apprentices required.
The request will include a description of the work, the number of
. qualified tradesmen and apprentices required, and the name of the
Employer for whom the tradesmen and apprentices will be working.
The Employer shall have the right to transfer employees from project to
project within a Local Union geographic area.
In addition, the Employer shall have the right to:
i.
ii.
iii.
iv.
Name hire Union members from that Local Union having
jurisdiction for the geographic area by name, in writing; or
Transfer employees from sector to sector in the Local Union
area; or
Transfer employees from a project in one Local Union
geographic area to project under this collective agreement;
or
Hire a combination of employees not to exceed one-third
(1/3) of all employees hired using (i) to (Iii) above.
a
When transferring employees under (ii) to (iv) above, the Employer shall
be permitted to transfer the first three (3) Millwrights required on a
project or any three (3) of the first five, zero from six (6) to nine (9), and
transfer the tenth (10th}, from any other Local Union area. If an
Employer chooses not to transfer, he can name hire the first three (3)
Millwrights. Thereafter, the Employer may transfer up to thirty three
percent (33%), (2 from local, then one transfer), of the total number of
Millwrights on a project from another Local Union area.
If the percentage of Employer selection in the ICI sector exceeds the
percentage above the Employer shall have access to the higher
percentage.
An employee who voluntarily te·rminates their employment with an
Employer on an EPSCA site shall not be entitled to be referred to
another Employer on the same site for a period of thirty (30} days unless
both Employers agree.
Page
12
(b)
. The Union members who are resident in the designated geographic area
will be referred by the Union for employment through the EPSCA office.
As much as their out-of-work lists will permit, the Union will supply
members on a fan-out basis from the project or work location.
The Employers will either hire such persons or substantiate their
reasons, in writing, for not doing so. The Union will co-operate with the
Employer and advise the EPSCA office of the name, address and
telephone number of members being referred for work with Lines and
Stations Construction as soon as they are known.
If, after a request has been made, the Union is unable to supply
sufficient tradesmen and apprentices to meet the manpower
requirements of the Employers, the Employers may employ tradesmen
and apprentices who are resident within the geographic area. Such
tradesmen and apprentices shall comply with the requirements of Article
10 of this Agreement. EPSCA shall promptly notify the Accredited Union
Representative, in writing, of the names, addresses, date of hire, social
insurance numbers, telephone numbers, job location and classification
· of the persons hired.
(d)
11.6
'
Once the supply of suitable tradesmen and apprentices within the
geographic area has been exhausted and additional tradesmen and
apprentices are required, EPSCA will contact the Executive SecretaryTreasurer of the Millwrights Council, or his designee, in order to
determine whether suitable union tradesmen and apprentices are
available outside of the geographic area. EPSCA will co-operate in
providing employment to such union tradesmen and apprentices on the
· basis that they be supplied from the nearest location where they are
available.
Notwithstanding the provisions of Article 11.5 re-employment as required by
the Workers Compensation Board shall not be a violation of this collective
agreement nor be subject to the provisions of Articles 36 and 37.
Article 12
KEY EMPLOYEES
12.1
The parties agree that an Employer shall be allowed to transfer from one
project to another two (2) key employees in order to effectively utilize their
special skills, having regard for the special requirements of thermal, nuclear or
hydraulic generation and transmission and transformation construction.
If the Employer finds it necessary to transfer additional key employees, the
number shall be mutually agreed to by the Employer and the Union.
Page 13
12.2
After the work force of an Employer reaches twenty (20} Millwrights, the total
number of key employees to be transferred will be based on a ratio of 1 to 1o,
but in no case will exceed 10.
12.3
An apprentice shall not be considered a key employee for the purposes of this
Article.
12.4
Construction Radiation Protection Assistant (R.P.A.}is a Construction
tradesperson who has achieved the full radiation qualification (Green) via the
approved Health and Safety Division Training Program, plus has successfully
completed the Construction R.P.A. (Green Manning} training and checkouts,
also has performed R.P.A. functions while under the supervision of a fully
qualified Construction R. P.A. to the satisfaction of the Construction Site Safety
Qfficer and the Station, Health Physics Unit.
R.P.A. will be paid the equivalent to the appropriate foreman's rate while
performing an R.P.A. function and will report to the Site Safety Unit. An R.P.A.
is a "qualification" and not a "trade function" irrespective of union or trade
affiliation.
Article 13
RECALL
13.1
In the case of a recall to work, the Employer reserves the right to recall
qualified Greenman in sequence from the out of work list to the location from
which they were laid off. Recalled Greenman will perform sufficient Greenman
work to maintain their skill levels.
13.2
For Nuclear sites, the Employer shall have the right to recall former employees
within twenty-one (21} days providing the employees are Local Union Members
in good standing and are on the out of work list.
For Non-Nuclear sites, the Employer shall have the right to recall former
employees within fifteen (15} days providing the employees are Local Union
Members in good standing and are on the out of work list.
Page 14
Article 14
FOREMEN
14.1
It is understood that foremen hold a key position in the relationship between
the Employers and the Union. Both parties agree that every effort should be
made to recruit and retain foremen who have a high degree of efficiency in the
performance of their jobs and in the handling of their men. Recognizing the
r~sponsibilities involved in being a supervisor and a member of a Union, the
Employers and the Union will make every effort to minimize problems that may
arise which concern the relationship between the foremen, the Employers and
the Union.
14.2
Foremen are the first level of management supervision and, as such, are
management representatives. In this capacity, they will exercise duties and
responsibilities, as established by their Employers, and will not work with the
tools ·of the trade, except as specified elsewhere in the collective agreement.
The parties recognize the responsibility of foremen to discharge their
managerial duties. If the Union feels that a foreman is not discharging his
managerial duties in a manner that is fair, equitable and without bias, or if an
Employer feels that the Union is interfering with a foreman in the performance
of his managerial duties, the Employer or the Union may refer the problem to
the Project Committee for resolution. If the matter cannot be resolved by the
Project Committee, the grievance procedure may be invoked by either party.
14.3
The selection and retention of foremen will be the responsibility of the
Employers. When making appointments to the foreman level, the Employers
will give consideration to those journeymen they presently employ. The
appointment of foremen in charge of composite or mixed crews will take into
account the nature of the work to be done.
14.4
In accordance with Article 10 - Union Security and Article 14.3 above, the
appropriate Union affiliation for foremen shall be determined, as follows:
(a) · Foremen appointed by internal promotion shall retain the Union
membership helo prior to appointment.
(b)
Foremen recruited externally shall:
(i)
if a Union member, conttnue that Union membership; or
(ii)
if not a Union member, join the Union in keeping with the nature
of the work to be done.
Page 15
14.5
(a)
. The rates of pay for foremen shall be the greater of:
(i)
$4.50 per hour above the journeyman rate as per ICI effective
May 1, 2010; or
(ii)
the Employer's current practice; or
(iii)
the rate negotiated in appropriate local agreements; except, as
noted, in (b) hereunder:
14.6
When the normal weekly hours of work are amended by the 11 exceptions 11
recognized under this Agreement, the weekly hours of work for foremen shall
be the same as for the tradesmen represented by the Union with which the
foreman Is affiliated.
14.7
Foremen required to work shift work other than the regular day shift shall
receive the same shift differential rate as the tradesmen represented by the
Union.
14.8
Overtime rates for Foremen for work performed outside normal hours as
defined in Article 31 -Hours of Work and outside hours of work amended by
tlie .. exceptions.. recognized under this Agreement, shall be the same as for
tradesmen represented by the Union.
14.9
The Employer agrees to pay into operative welfare, pension, and
supplementary unemployment benefit plans on behalf of foremen. Payments
will be made on the same basis and in the same amounts as are paid on
behalf of tradesmen represented by the Union.
14.1 0
To maintain efficiency ~nd productivity, an Employer shall have the right to
move foremen from construction site to construction site, as determined at the
pre-job conference.
14.11
The Employer agrees to pay into operative apprenticeship and training funds
on behalf of foremen. Payments will be made on the same basis and in the
same amounts as are paid on behalf of tradesmen represented by the Union.
14.12
On a·charge-out basis, the Employer shall supply foremen with protective
clothing appropriate fo~ the conditions under which the work is being done.
14. 13
Foremen shall be accountable, but not liable, for gang tools used by their
crew.
14.13
Working Foremen:
Where the crew size is five (5) or less, including the foreman, the foreman may
be required to work with the tools of the trade.
Effective May 1. 2010 to Apr/130, 2020
Page
16
Article ·15
WAGES
15.1
Effective May 1, 2010 and until April 30, 2020 EPSCA will amend the wage
schedules for the classifications referred to in Article 2 as set forth in the wage
schedules, attached hereto. The ICI base % increase will be used to adjust the
wage schedules for years 4, 5, 6, 7, a, 9 and 1o of the collective agreement.
For clarity, an portion of wage increase that Is directly tied to specific language
requires the mutual agreement of ht parties, save and except any wage
increase linked to the ICI employment provisions that impact upon the
percentages in Article 11 (Employment) of this collective agreement.
EPSCA will provide the Millwrights Regional Council of Ontario with the current
~age schedules.
Article 16
PAY PROCEDURE
16.1
NORMAL
(a)
(b)
Employees shall be paid weekly and payment for any given week will be
made not later than the sixth working day after the close of the payroll
period, but in any event not later than Thursday of the following week.
Except as provided for in 16.1 (c) employees who are at work on
Thursday and are not paid will be paid on Friday. Such employees will
be released one (1) hour, with pay, prior to normal quitting time on
Friday to enable them to cash their cheque.
. Wages shall be paid by the Employers on the job site, before quitting
time, in cash or by cheque, payable at par in ~he locality of the job site.
Accompanying each payment of wages shall be a statement, in writing,
which can be retained by the employee, setting forth:
(i}
(ii)
(iii)
(iv)
(v)
(vi}
(vii)
(viii)
the period of time or the work for which the wages are being paid;
the rate of wages to whiCh the employee is entitled;
the amount of wages to which the employee is entitled;
the amount of each deduction from the wages of the employee
and the purpose for which each deduction is made;
any allowance or other payment to which the employee Is
entitled; ,
the amount of vacation pay for which the employee is being
credited;
the amount of statutory holiday pay for which the employee is
being credited; and
·
the net amount of money being paid to the employee.
EPSCN Millwrigtlt Regional Council Agreement
Page 17
(c)
16.2
In cases of inclement weather being declared on payday, employees will
receive their pay before leaving the site provided it is available on the
site.
ON TERMINATION
(a)
An employee who voluntarily terminates his employment will be provided
his final pay on the next regular payday.
(b)
An employee who is laid off from a Generation Project will have his final
pay and termination documents mailed to his last known address on file
with the Employer by Priority Post within five {5) working days of
termination. An employee who is laid off from a Lines and Stations
. construction site will have his final pay and termination documents
mailed to his last known address on file with the Employer within eight
{8) working days of termination. This does not preclude an employee
being issued his final pay and termination documents on the job prior to
the five or eight-day period. After 48 hours of notifying the Employer,
the Employee will be entitled to four {4) hours at straight time for each
normal workday for which there is non-compliance thereafter.
(c)
An employee who is discharged shall be provided with his final pay
. immediately if the Employer•s pay facilities are on site or as per 16.2{b) if
the Employer's pay facilities are not on site.
(d)
Employers will provide one hour's notice of layoff or one hour's pay in
lieu of notice to employees who are to be laid off. When possible, the
Employer shall notify the Local Union three {3) days prior to layoff.
{e)
When an employee is laid off, he will be paid for a reasonable amount of
time by the Employer if he is required to travel or wait unduly before he
. receives his final pay.
(t)
In established cases of long-term sickness, compensable accident or
jury duty, an employee will be maintained on the Employer's payroll until
his normal date of layoff.
16.3
Direct deposit to be implemented at the Employers' option.
16.4
The Employer will provide a Record of Employment (ROE) Form in the
employee's final pay or will send the ROE information electronically to Service
Canada within the timetines specified by the relevant legislation.
If an Employee cannot obtain a hard copy of the their ROE from Service
Canada, the Employer will provide assistance in obtaining a hard copy.
Effective May 1, 2010 to Apr// 30, 2020
Page
18
Article 17
CALL-IN PAY
17.1
When an employee is called in to work outside of his normal hours of work, he
shall receive a minimum of four (4) hours' work at the appropriate premium rate
plus travel allowance where applicable. If the employee's normal hours of work
commence within this four (4) hour period, the employee will be paid premium
time from the time he Gommences work until the start of his normal hours and
will revert to his normal hourly rate at the commencement of his normal hours
of work.
Article 18
REPORTING PAY ON 8 HOUR AND 10 HOUR SHIFTS
18.1
An employee who reports for work, unless directed not to report the previous
day by his Employer, shall receive a minimum of a half shift's pay (4 hours or 5
hours) at the applicable rate when he reports for work, but is given no
opportunity to work because none is available. This allowance will be paid to
an employee if he is requested to report for any part of the first half of a shift
and an additional half shift's pay (4 hours or 5 hours) will also be paid if he is
requested to report for work for any part of the second half of the same shift. It
is not intended by this Section that an employee receive a reporting pay
allowance greater than his pay for normal daily hours.
·
18.2
~n
employee in receipt of reporting pay shall also receive travel or board
allowance, if applicable.
18.3
Notwithstanding that work is available -and an employee is able to commence
or continue work, the Employer may shut down a job to avoid the possible loss
of human life because of an emergency situation such as H2S leaks, bomb
threats, fire, etc., that could endanger the life and safety of an employee. In
such ·cases, employees will be compensated only for the actual time worked.
Article 19
INCLEMENT WEATHER PAY
19.1
An employee who reports for work at the beginning of a shift and is unable to
commence work due to inclement weather, will receive two (2) hours' pay at
the applicable rate. To qualify, the employee must remain on the job site for
two (2) hours, unless excused earlier by an authorized representative of the
Employer.
Page
19
19.2
An employee who reports for and commences work but is unable to continue
work -due to inclement weather shall receive four (4) hours' pay at the
applicable rate or pay for the actual time worked for that shift, whichever is the
greater.
,
19.3
An employee who qualifies for inclement weather pay shall also receive travel
or board allowance, if applicable.
Article 20
·GENERATION PROJECTS DAILY TRAVEL ALLOWANCE
AND ROOM AND BOARD
DAILY TRAVEL ALLOWANCE
20.1
The daily travel allowance will be paid by the Employers to employees who are
not receiving room and board as referred to in Section 20.2, on the following
basis:
(a)
If an employee lives within forty (40) radius kilometers* of the project, no
travel allowance will be paid.
(b)
If an employee lives within 40 to 56 radius kilometers of the project, he
shall receive $24.51 per day travel allowance effective July 27, 2010
($25.25 effective May 1, 2011, $25.75 effective May 1, 2012 and for
Years four {4) thru ten (1 0) shall be as per the ICI % increase) for each
day worked or reported for
(c)
shall receive $28.48 per day travel allowance effective July 27, 2010
($29.33 effective May 1, 2011, $29.92 effective May 1, 2012 and for
Years four (4) thru ten (1 0) shall be as per the ICI % increase) for each
(d)
shall receive $32.65 per day travel allowance effective July 27, 201 0
. ($33.63 effective May 1, 2011, $34.30 effective May 1, 2012 and for
Years four (4) thru ten (1 0) shall be as per the ICI % increase) for each
(e)
If an employee lives greater than 97 radius kilometers from the project
and does not qualify for subsistence allowance under Section 17.2
below, he will receive $37.75 per day travel allowance effective July 27,
201 0 ($38.88 effective May 1, 2011, $39.66 effective May 1, 2012 and
for Years four (4) thru ten (10) shall be as per the ICI% increase) for
'
Page 20
each day worked or reported for provided he continues to travel greater
than 97 radius kilometers for each day worked or reported for.
When an employee is directed to report to a location that involves travelling around a
natural barrier, the distance around the natural barrier shall be the shortest distance
measured by a series of straight lines. The sum of the distances of these straight
lines shall be applied to the ring concept to establish the employee's travel allowance
entitlement.
A natural barrier is defined as any obstruction or impediment which creates an
unreasonable relationship between the radius kilometers and actual kilometers
travelled.
*
For the purpose of this Article, "radius kilometers" shall be measured from the centre
or the turbine hall on each project.
Bruce G.S. "A", Bruce G.S. "S", and the Bruce Heavy Water Plants w/1/ be combined to
form the Bruce Complex. Travel allowance for the Bruce complex will be calculated
from the midpoint of a straight line joining .the centres of the Bruce G.S. "A" and Bruce
G.S. "B" turbine halls.
ROOM AND BOARD
20.2 The following conditions will apply for employees whose regular residence* is
mo.re than 97 radius kilometers from the project:
(a)
An Employer may supply either:
(i)
(ii}
Room and board in camp or a good standard of
board and lodging within a reasonable distance of a
project; or
a subsistence allowance;
subject to Sections 1.2(b), (c) and (d) below.
(b)
An employee may exercise his option not to stay in a camp or accept
room and board. An employee who exercises this option and qualifies
for subsistence allowance shall· receive a subsistence allowance of
$74.78 effective July 27, 2010 ($77.02 effective May 1, 2011, $78.56
effective May 1, 2012 and for Years four (4) thru ten (1 0) shall be as
per the ICI % increase) for each day worked or reported for when
employed at a location south of the French River and $91 .67 effective
July 27, 2010 ($94.42 effective May 1, 2011, $96.31 effective May 1,
2012 and for Years four (4) thru ten (1 0) shall be as per the ICI %
increase) for each day worked or reported for when employed at a
location north of the French River subject to Sections 1.2(c) and 1.2(d)
below.
Page 21
•
An employee's 're~ular residence' Is:
1.
The place where the employee maintains a self-contained, domestic establishment
(a dwelling house, apartment or similar place of residence where a person generally
eats and sleeps and for which he can show proof of financial commitment). This Is
In contrast to a boarding house facility· which Is not self-contained; and
2. The employee normally resides In the residence except for those periods of time
when, because of the location of the work, the employee Is forced to obtain
temporary accommodation at that work location.
(c)
To qualify for subsistence allowance an employee must maintain
temporary accommodation at or near a project. Employees who travel
daily to locations beyond 97 radius kilometers from the project will be
entitled to $45.37 per day effective July 27, 2010 {$46. 73 effective May
1, 2011, $47.67 effective May 1, 2012 and for Years four {4) thru ten
(1 0) shall be as per the ICI% increase) for each day worked or reported
for
{d) An employee employed at the Pickering or Darlington Project who
qualifies for a subsistence allowance as provided for above shall receive
a subsistence allowance of $59.74 per day effective July 27, 2011
{$61.53) effective May 1, 2011, $62.76 effective May 1, 2012 and for
Years four {4) thru ten (1 0) shall be as per the ICI % increase) for each
20.3
An employee shall not qualify for daily travel allowance or room and board
allowance as provided for in Sections 20.1 and 20.2 above when such
employee reports for work but does not remain at work for his scheduled daily
hours unless excused by an authorized representative of his Employer.
20.4
An employee who maintained a regular residence within the geographic area
for the purposes of employment and who relocates outside the geographic
area will not be entitled to an increase in travel or room and board allowance
entitlement as a result of this relocation.
20.5
The Union recognizes the Employer•s right to charge for board and other
existing services. The Employer fixes the charge for board and other existing
services in camps at $25.00 per day. This will be applied on the following
basis:
(a)
An employee who remains in camp on a normally scheduled work day
on which he does not work will be charged $25.00 per day. unless he
is excused from work for a legitimate reason by the project medical
attendant or an authorized representative of his Employer.
{a)
An employee who is absent from work on Friday without approval and
who remains in camp and who is still absent from work on the following
Monday without approval will be charged for room and board for Friday,
Saturday, Sunday and Monday.
effective May 1, 2010 to April 30, 2020
Page 22
{b)
An employee who is absent from work without approval on Friday but
who works the following Monday will be charged for the day of absence
and will not be charged for Saturday and Sunday.
{c)
An employee who works the Friday and is absent from work without
approval on the following Monday will be charged for the day of absence
and will not be charged for Saturday and Sunday.·
20.6 All app.lications for daily travel allowance and room and board must be
completed and filed with the Employer during the course of employment. The
ErTJployer will not be responsible for any application filed after an employee has
been laid off, has quit, or has been terminated.
20.7 A complete and eligible application that has been filed in accordance with the
above will be paid within three {3) weeks of the date the complete application
was submitted.
20.8 All dist~nces for the purpose of this Section will be determined by electronic
means such as Google Earth.
Article 21
LINES AND STATIONS CONSTRUCTION
DAILY TRAVEL ALLOWANCE AND ROOM AND BOARD
DAILY TRAVEL ALLOWANCE
21.1
The daily travel allowance will be paid by the Employers to their employees
who are not living in camp or receiving a subsistence allowance as referred to
in Section 21.3 on the following basis:
If an employee lives within forty {40) radius kilometers of the work
location or declared assembly point, no travel allowance will be paid.
(b)
If an employee lives within 40 to 56 radius kilometers of the work
location or declared assembly point, he shall receive $23.79 per day
travel allowance effective July 27, 2010 {$24.51 effective May 1, 2011,
$25.00 effective May 1, 2012 and for Years four {4) thru ten {1 0) shall
· be as per the ICI % increase) for each day worked or reported for
Page 23
(c)
travel allowance effective July 27, 2010 ($27.67 effective May 1, 2011,
· $28.23 effective May 1, 2012 and for Years four (4) thru ten (1 O) shall
be as per the ICI % increase) for each day worked or reported for
(d)
travel allowance effective July 27, 2010 ($31.32 effective May 1, 2011,
$31.94 effective May 1, 2012 and for Years four (4) thru ten (1 0) shall
be as per the ICI% increase) for each day worked or reported for
(e)
· If an employee lives greater than 97 radius kilometers from the work
location or declared assembly point, and does not qualify for
subsistence allowance under Section 18.3 below, he shall receive
$34.02 per day travel allowance effective July 27, 201 0 ($34. 70
effective May 1, 2011, $35.39 effective May 1, 2012 and for Years four
(4) thru ten (1 0) shall be as per .the ICI % increase) provided he
continues to travel greater than 97 radius kilometers daily for each day
worked or reported for.
When an employee is directed to report to a location that involves travelling
around a natural barrier, the distance around the natural barrier shall be the
sl:lortest distance measured by a series of straight lines. The sum of the
distances of these straight lines shall be applied to the ring concept to
establish the employee's travel allowance entitlement. A natural barrier is
defined as any obstruction or impedim.ent which creates an unreasonable
relationship between radius kilometers and actual kilometers traveled.
21.2
The Employer reserves the right to base daily travel allowance on the
distance in radius kilometers from where an employee lives to either the work
location or declared assembly point, depending on where the employee is
directed to report.
,
ROOM AND BOARD
21.3 The following conditions will apply for employees whose regular residence* is
more than 97 radius kilometers from the work location:
(a)
. An employer may supply either:
(i)
room and board in camp or a good standard of board and
lodging; or
(ii)
a subsistence allowance;
subject to Sections 21.3(b) and (c) below.
Effective Msy 1, 2010 to Apri/30, 2020
Page 24
*An employee's 'regular residence' Is:
1.
The place where the employee maintains a self-contained, domestic
establishment (a dwelling house, apartment or similar place of residence where a
person generally eats and sleeps and for which he can show proof of financial
commitment). This Is In contrast to a boarding house facility which Is not
self-contained; and
2.
The employee normally resides In the residence except for those periods of time
when, because of the location of the work, the employee Is forced to obtain
temporary accommodation at that work location.
3.
For metro areas (Toronto and Hamilton) the calculation of distance shall be from
the employee's regular residence.
4.
For all other areas, the calculation of distance shall be based on the location of
the city or town hall of the municipality where an employee maintains a
self-contained domestic establishment described above. In those municipalities
where a city or town hall does not exist, then the post office serving his regular
residence will apply.
(b)
An employee may exercise his option not to stay in a camp or accept
room and board. An employee who exercises this option and qualifies
for subsistence allowance shall receive a subsistence allowance of
$83.43 per effective July 27, 2010 ($85.93 effective May 1, 2011, $87.65
effective May 1, 2012 and for Years four (4) thru ten (1 0) shall be as per
the ICI% increase) for each day worked or reported for subject to
Section 21.3(c) below.
(c) To qualify for subsistence allowance an employee must maintain
temporary accommodation at or near the work location. Employees who
travel daily to locations beyond 97 radius kilometers from the project will
be entitled to $40.02 per day effective July 27, 2010 ($41.22 effective
May 1, 2011, $42.04 effective May 1, 2012 and for Years four (4) thru
ten (1 0) shall be as per the ICI % increase) for each day worked or
reported for.
(d) When an employee's regular residence is more than five hundred (500)
radius kilometers from the project, and the job or project is worked on a
four ten (4x1 0) hour work week, the employee shall receive room and
board allowance on a five day basis for a regular work week. If the
employee is required to work an additional ten (1 0) hour shift beyond the
normal four ten (4x1 0) hour shift, ·the employee will be entitled to room
and board allowance for an additional ten (1 0) hour shift worked to a
maximum of seven (7) days room and board in a week.
21.4
An employee shall not qualify for daily travel allowance or room and board
aJiowance as provided for in Sections 21.1 and 21.3 above, when such
employee reports for work but does not remain at work for his scheduled daily
Page 25
hours unless excused by an authorized representative of his Employer. Such
permission shall not be. unreasonably
denied.
.
21.5
An employee who maintained a regular residence within the geographic area
for the purposes of employment and who relocates outside the geographic
area will not be entitled to an increase in travel or room and board allowance
entitlement as a result of this relocatio.n.
21.6
The Union recognizes the Employer's right to charge for board and other
existing services. The Employer fixes the charge for board and other existing
services in camps at $25.00 per day. This will be applied on the following
basis:
·
(a)
An employee who remains in camp on a normally scheduled workday
on which he does not work will be charged $25.00 per day unless he is
excused from work by an authorized representative of his Employer.
(b)
An employee who is absent from work on Friday without approval and
· who remains in camp and who is still absent from work on the following
Monday without.approval will be charged for room and board for Friday,
Saturday, Sunday and Monday.
(c)
An employee who is absent from work without approval on Friday but
who works the following Monday will be charged for the day of absence
and will not be charged for Saturday and Sunday.
(d)
An employee who works the Friday and is absent from work without
approval on the following Monday will be charged for the day of absence
and will not be ch~uged for Saturday and Sunday.
21.7
All applications for daily travel allowance and room and board must be
completed and filed with the Employer during the course of employment. The
employer will not be responsible for any. application filed after an employee has
been laid off, has quit, or has been terminated.
21.8
A complete an eligible application that has been filed in accordance with the
above will be paid within three (3) weeks of the date the complete application
was submitted.
Article 22
LINES AND STATIONS CONSTRUCTION
DAILY TRAVEL TIME
22.1
All travel time will be outside of normal working hours.
Effective Msy 1, 2010 to Apri/30, 2020
Page 26
22.2
(a)
An employee will be paid his straight-time rate for all time spent
travelling from his assembly point to his work location on normal
working days.
An employee will be paid premium time for all time spent travelling
from his assembly point to his work location on days other than normal
working days.
(b)
An employee will travel up to a maximum of one hour on his own time
when returning from his work lo'cation to his assembly point. An employee
will be paid his straight-time rate for all time spent travelling in excess of
one hour.
·
22.3
All time in excess of one hour spent travelling from the work location to the
assembly point on non~working days shall be compensated for at the
appropriate premium rates of pay.
22.4
The Employer will supply transportation between the assembly points and
work locations.
·
Article 23
TRAVEL AND TRANSPORTATION
23.1
INITIAL EMPLOYMENT
On recruitment of tradesmen whose regular residence* or place of recruitment,
whichever is closer to the project, is between 80 to 161 radius kilometers from
the project, the Employer shall pay $31.00 effective July 27, 2010 for the initial
trip to. the Project.
*
As defined In Art/ole 20 or Article 21 of this Agreement, whichever Is applicable.
23.2
On recruitment of tradesmen whose regular residence is in Ontario but beyond
161 radius kilometers from the project, the Employer shall pay mileage based on
33¢ per radius kilometer, plus an allowance for travel time equivalent to one (1)
hour's pay for each 80 radius kilometers of travel to a maximum of eight {8)
hours' pay for the initial trip to the project from the tradesman's regular residence
or place of recruitment, whichever is closer to the project.
23.3
Qn recruitment of tradesmen whose regular residence is outside Ontario and
beyond 161 radius kilometers from the project, the Employer shall pay the
equivalent of the cost of public transportation, plus an allowance for travel time
equivalent to one {1) hour's pay for each 80 radius kilometers of travel to a
maximum of eight {8) hours' pay for the initial trip to the project from the
tradesman's regular residence or place of recruitment, whichever is closer to
the project.
Page
27
23.4
To qualify for payment in 23.1, 23.2 or· 23.3, the employee must remain at the
project for a minimum of fifteen (15) working days or the duration of the job,
whichever is lesser.
23.5
On termination of employment due to a reduction of staff, an employee entitled
to payment under 23.1, 23.2 or 23.3 shall be entitled to return expenses
calculated in the same manner as in 23.1, 23.2 or 23.3 above for the return trip
from the project to the tradesman's regular residence or place of recruitment,
whichever is closer to the project. An employee whose employment terminates
for any reason other than reduction of.staff shall not be eligible for return
payment.
23.6
TRANSFER
When transferring employees, the Employer shall pay the equivalent of the
cost of public transportation for the initial trip to the project from the employee's
most recent work location. In addition, the Employer shall pay an allowance for
travelling time equivalent to the straight-time rate up to a maximum of eight (8)
hours.
Article 24
STANDOFF
24.1
When unable to proceed with his work, an Employer may elect to Standoff
part or all of his crew. The parties agree Standoff is not intended to
circumvent the layoff procedure.
The Employer reserves the right to Standoff its employees without pay up to a
maximum of ten (1 0) consecutive working days. Notification of Standoff will
be made by the Employer during normal working hours. A Record of
Employment will be lss.ued upon the commencement of the Standoff. No
travel allowance will be paid to an employee for the Standoff period.
24.2
An employee who qualifies for subsistence allowance ( subject to 24.1) and
who is placed on Standoff will be paid.subsistence allowance up to a
maximum of ten (1 0) consecutive working days. Proof of board (proper
receipts) must be shown in order for subsistence allowance to be paid to an
employee for the Standoff period.
24.3
If Standoff continues beyond ten (1 0) consecutive working days, an
employee, at his option, may elect to remain on Standoff for an additional
twenty (20) consecutive working days or be removed from Standoff. The
Employer retains recall rights on employees electing to continue on Standoff.
Page 28
Subsistence allowance will cease after ten (1 O) consecutive working days on
Standoff.
24.4
If an employee elects layoff beyond the tenth (1oth} consecutive working day,
it shall be carried out in accordance with the terms of the Layoff/Seniority
provisions of this Collective Agreement. An employee laid off will be issued a
Record of Employment form on his date of layoff indicating "Layoff- Shortage
of W~rk". The Employer does not retain recall rights if the employee elects
Layoff.
24.5
Standoff shall only continue beyond thirty (30) consecutive working days with
the mutual consent of the Employer and the Union, in writing.
•
For the purpose of this Article, whsn working on a 4 x 10 hour shift
arrangement, the following will apply:
•
eight (8) scheduled working days will be considered the equivalent of ten
(1 0} consecutive working days.
•
sixteen (16} scheduled working days will be considered the equivalent of
twenty (20) consecutive working days.
•
twenty-four (24} scheduled working days will be considered the equivalent
of thirty (30) consecutive working days.
24.6
The Employer shall notify the Local Union when standoff occurs.
24.7
Record of Employment (ROE) information may be sent electronically. If an
Employee cannot obtain a hard copy of their ROE from Service Canada, the
Employer will provide assistance in obtaining a hard copy.
Article 25
REST PERIOD
25.1
25.2
For employees working normal hours, a fifteen (15) minute rest period will be
allotted, at the time and in a reasonable location as directed by the Employer,
for each half shift worked. Where a half shift is less than four (4} hours, there
shall be no rest period.
·
For employees required to work overtime, a ten (1 0) minute rest period will be
prior to the end of the normal shift before commencing overtime work.
allott~d
Page 29
25.3
For employees working overtime, a fifteen (15) minute rest period will be
allott~d, at the time directed by the Employer, after each two hours of
overtime worked.
Article 26
LUNCHROOM FACILITIES
26.1
Adequately heated accommodation separate from change rooms and
washrooms shall be provided by the Employer on each project when
necessary and where such accommodation can be reasonably provided for.
Such accommodation shall be weatherproof and shall be kept reasonably
clean. A table and sufficient benches or seats for the employees on the job
shall be provided in the accommodation. Trailerized or portable
accommodation shall include tables, benches, light, heat maintained at a
minimum of sixty-eight (68) degrees Fahrenheit, proper access and egress,
and shall not be used for material storage.
Article 27
MEALS ON OVERTIME
27.1
Scheduled Eight (8) Hour Shifts
When an employee has not been notified the previous day that he will be
required to work for more than two (2) hours beyond the normal quitting time of
the first or second shifts or for more than three and one half (3 %) hours
beyond the normal quitting time of the third shift, he shall be provided with a
meal and be allowed thirty (30) minutes to consume same and the employee
shall be paid at the base hourly rate of pay. This meal break will be taken
following the first two (2) hours of overtime worked. After each additional four
{4) is worked and when work is required beyond that four (4) hour period, the
employee shalf be allowed thirty (30) minutes to eat and be paid at the base
hourly rate of pay and he shall be provided with a meal. The Employer will
supply a hot meal when possible. Where an employee has been notified the
previous day, no meal will be provided after the first two (2) hours of overtime
worked, but the employee will be allowed thirty (30) minutes to eat and be paid
a~ the base hourly rate,of pay. After each additional four (4) hours is worked
and when work is required beyond that four (4) hour period, the employee shall
be allowed thirty (30) minutes to eat and be paid at the base hourly rate of pay
and he shall be provided with a meal.
When a paid meal period overlaps a rest period, the paid meal period will
supplant the rest period.
EPSCA/ Mll)wright Regional Council Agreement
Page 30
The above-noted is not applicable to the first eight (8} hours worked on
Saturdays, Sundays or Recognized Holidays for employees who normally work
the first or second shifts.
The ~bove-noted is not applicable to the first six and one half (6 %) hours
worked on Saturdays, Sundays or Recognized Holidays for employees who
nprmally work the third. shift.
27.2
Scheduled Ten (1 0) Hour Shifts
When an employee has not been notified the previous day that he will be
required to work beyond his normal quitting time, prior to commencing the
overtime work, he shall be provided with a meal and be allowed thirty (30)
minutes to consume same and the employee shall be paid at the base hourly
rate of pay. After each additional four (4) hours is worked and when work is
r~quired beyond that four (4) hour period, the employee shall be allowed thirty
(30} minutes to eat and be paid at the base hourly rate of pay and he shall be
provided with a meal. The Employer will supply a hot meal when possible.
Where an employee has been notified the previous day, no meal will be
provided prior to commencement of overtime work, but the employee will be
allowed thirty (30) minutes to eat and be paid at the base hourly rate of pay.
After each additional four {4) hours is worked and when work is required
beyond that four (4) hour period, the employee shall be allowed thirty (30}
minutes to eat and be paid at the base hourly rate of pay and he shall be
provided with a meal. ,
The above-noted is not applicable to the first ten (1 0) hours worked on
Saturdays, Sundays or Recognized Holidays for employees who normally work
the first and second shifts.
When a paid meal period overlaps a rest period, the paid meal period will
supplant the rest period.
Article 28
TOOLS AND CLOTHING
28.1
An employee shall be required to provide himself with the ordinary hand tools
of his trade, based on established trade union practices at the time of signing
of this Agreement. EPSCA and the Union shall establish an appropriate tool
list
(11st attached hereto). Each Employer will provide, insofar as is practical,
separate facilities for storing tools but shall not be held responsible for losses,
except as noted hereunder:
Effective May 1, 2~10 to Apri/30, 2020
Page 31
(l;l)
When personal tools valued in excess of $15.00 are lost due to fire,
the Employer will consider the full estimated value on the merit of each
case in determining replacement or payment. This will include only
personal tools that a tradesman is required to have to perform his
normal duties with his Employer.
(b)
Each Employer will compensate his employees for ordinary hand tools
. and clothing lost by theft from locked storage provided by him for his
employees. Claims must be submitted, in writing, and must provide
substantiating ,
evidence of forcible entry to locked storage. Payment or replacement
for personal clothing lost by theft on the work site shall be limited to
clothing that a tradesman is required to have to perform his normal
duties with his Employer.
(c)
In the event of loss by fire at an Employer's camp or on the work site in
an Employer designated storage area, replacement or payment of the
· full estimated value in excess of $15.00 but not exceeding $750.00 for
the loss of personal clothing will be made by the Employer. Payment
or replacement for personal clothing lost by fire on the work site shall
be limited to clothing that a tradesman is required to have to perform
his normal duties with his Employer.
28.2
An employee who has obtained tools from his Employer shall be allowed
sufficient time, in the opinion of Management, to return such tools to his
Employer during working hours. An employee receiving tools from his
Employer shall be held responsible for the return of such tools in good
condition, subject to normal wear and tear. On layoff, an employee will be
allowed reasonable time to return tools to his Employer.
28.3
Gang tools as described in the appendices shall be the responsibility of the
Employer.
28.4
Employees working in a radiation area, in plastic suits or replacement material
of the fully enveloping type with an independent air supply, will receive $7.50
($8.00 effective May 1, 2014 and $8.50 effective May 1, 2015) for every half
shift worked or portion thereof. A day for the purposes of this item shall be
d'efined as any period up to twelve (12) hours.
28.5
Employers may supply additional tools and equipment to employees.
Employees receiving such tools or equipment shall be responsible for them in
accordance with this Article. Employees will immediately report the loss of any
Employer-supplied tools or equipment.
Page 32
Article 29
PROTECTIVE CLOTHING AND EQUIPMENT
29.1
Employees are required to wear protective clothing and use protective
equipment, as determined by the Employer, for the work being done.
29.2
The protective clothing and equipment covered In 29.1 of this Article that is
provided by the Employer shall be charged out to the employee. Employees will
not be held liable for items which are returned in reasonable condition or which
are lost or damaged under conditions where no employee negligence is evident
and where the loss or damage is reported immediately. Where negligence is
determined, the employee will be charged for the cost of repair or replacement.
29.3
If job conditions necessitate coveralls.and gloves, as determined by the
Employer, the Employer shall supply and maintain the necessary protective
equipment at no cost to the employee.
Article 30
APPRENTICESHIP AND TRADES TRAINING/PROGRAMS
30.1
Apprenticeship and other training programs should be instituted as required to
maintain an adequate skilled and competent work force to perform work within
the electrical power systems sector by apprenticeship training programs,
upgrading programs and retraining programs.
30.2
Where a ratio of apprentices to journeymen employed has been established,
this ratio shall be maintained.
30.3
The Employer agrees to pay into operative apprenticeship or training funds the
amounts specified for apprenticeship or training as set forth in the wage
schedules, attached hereto, for employees covered by this agreement during
the time they are employed.
30.4
The Union agrees to supply EPSCA with all administrative material that is
required for implementation of these funds.
30.5
Training programs established by the Employers to provide skills required in
the electrical power systems sector shall be funded by reducing the Employers'
contributions to the training fund in the specific locality where the training is
taking place by an amount of money equivalent to the cost of such programs.
30.6
Where programs are established, the Employer shall ensure that sufficient
journeymen are available and supervisions is provide so that the apprentice
Page 33
has ample opportunity to obtain related his training and work experience to the
degree possible during the Employer's tenure on site.
30.7
Both parties acknowledge the Employer's and Union's responsibilities,
respectively, in the training of apprentices to meet the Employer's current and
future needs.
Apprentices, when available, shall b~ employed on work covered by this
agreement in the ratio of one (1) Apprentice to four (4) Journeymen. When
requested, the first Apprentice shall be a fourth or third year Apprentice, if
available.
30.8
Apprentices will not be required to work shift work when it interferes with
attendance at classes by the Local Apprenticeship training program.
Article 31
HOURS OF WORK
31.1
One (1) or Two (2) Shift Operation
The weekly hours of work Monday to Friday inclusive shall consist of forty (40)
hours for all employees of Employers covered by this agreement and working
on a one (1) or two (2) shift operation ..
The weekly hours of work may be arrived at by having the employees work
either:
•
•·
•
four (4) consecutive ten-hour shifts, Monday to Thursday or;
four (4) consecutive ten-hour shifts, Tuesday to Friday or;
five (5) consecutive eight-hour shifts
but not concurrently on the same work program.~
Employees will not be moved from work program to work program to
circumvent overtime. Disputes arising from this Article are subject to the
grievance procedure.
Each Employer will notify the Local Union of the weekly hours of work for each
work program* at the site.
Weekly hours of work will be established for a minimum period of two (2)
weeks.
'
Page 34
If an Employer intends to change the weekly hours of work, a minimum of five
(5) days written notice shall be sent to the Local Union, or less with agreement
of the Local Union.
The start time for the day shift shall be 7:00 a.m. with a possible one (1) hour
variance either way. The start time for the afternoon shift shall be immediately
following the day shift or within one (2) hour either way to coincide with the end
of the day shift.
*
For the purposes of this section, a work program may be defined as work taking place on a
site that could Include the following:
•
•
•
•
Outages,
Specific contracted scopes of work,
Various and d'"erent modifications In an operating plant where the owner dictates the
hours· of work, or
Subcontracts for a prime contractor where the prime contractor dictates the hours of
work
'
Millwrights assigned to fire watch duties may commence work after the start of
the rest of the crew. In these cases, normal scheduled hours of work beyond
the quit time of the rest of the crew wil·l not be subject to overtime premiums.
31.2
Three (3) Shift Operation
When a three (3) shift operation is established by the Employer, the following
conditions will apply: ,
Those employees working on the day shift shall work eight (8) hours per shift at
the straight time rate.
Those employees working on the afternoon shift shall work seven and one-half
(7 1/2) hours per shift at the straight time plus the appropriate shift differential
as set out in the Shift Differential Article of this agreement.
Those employees working on the night shift shall work seven (7) hours per shift
plus the appropriate shift differential as set out in the Shift Differential Article of
this agreement.
31.3
The hours of work for such work as driveway and parking lot construction,
railroad construction, landscaping, tunnelling, precast concrete erection,
fencing or demolition, shall be as established in applicable local agreements
for the class and character of work.
An applicable local agreement shall be an agreement between a local of the
Union and a builders• exchange, contractors• association or contractor
applicable in the locality of the project for the class and character of the work.
Page 35
31.4
The weekly hours of w9rk for structural steel erection shall be forty {40} hours
made up of five (5} days of eight {8) hours each, Monday to Friday inclusive.
31.5
The weekly hours of work for site preparation and earth dams shall be 45 hours
made up of five {5} days of nine {9} hours each, Monday to Friday inclusive.
31.6
Shift Change
A shift will be deemed to be established providing at least four {4) consecutive
days of a shift are to be worked excluding Saturdays, Sundays and
recognized holidays. If an employee is removed from their scheduled shift
prior to completing four (4) consecutive shifts, the employee will be paid shift
differential for the balance of the four {4} consecutive shifts that would have
been worked had the employee not been reassigned.
31 .7
31.8
31.9
It may be necessary from time to time to vary the hours of work established in
this Article. Any amendments to the hours of work will be established by
mutual agreement between EPSCA and the Union.
The shift rate will be based on the day in which the shift begins.
LUNCH PERIODS FOR MAJOR PROJECTS, AND
CONSTRUCTION AND SERVICES DIVISION
A lunch period will be given no earlier than four (4) hours and no more than
five {5} hours after the start of the shift and will be one-half (1 /2} hour in
duration.
A lunch period will be given no earlier than three and one-half (3-1/2) hours
and no more than five (5) hours after the start of the third shift and will be
one-half {1/2) hour in duration.
31.10
When an employee is required to return to work without an eight {8) hour
break, all work performed shall be at the premium rate until such time as the
employee receives an eight {8) hour break. This provision does not apply
when a change in an employee's normal shift {as defined in this Article} occurs
or to call-in situations. '
Page 36
31.11
Nuclear Sites Only
The start time for the day shift shall be between 6:00am and 9:00am. The
start time for the afternoon shift shall be immediately following the day shift or
within 2 hours either way of the end of the day shift. Crews may have
different start times.
When performing work in plastics in a nuclear Zone 3 environment, meal and
rest breaks may be delayed in order to start or complete work assignments.
Meal breaks will not be delayed more than five (5) hours from the start of the
shift.
Article 32
SHIFT DIFFERENTIAL RATE
32.1
Employees required to work shift work, other than the regular day shift, will
receive a shift differential rate of one-fifth (1 /5) for normal scheduled shift hours
worked ..
32.2
Shift differential will not be paid on overtime hours.
Article 33
WELDING TESTS
33.1
On hire, welders must possess the qualifications and class of welding
specified by the Employer. It will be at the Employer's discretion whether a
welder who does not possess the qualifications and class of welding ticket
~pacified will be hired.
33.2
A welder who has been referred to the Employer by the Union and who has
never had a welding certificate will take an applicable test on his own time and
pay for such test.
Article 34
OVERTIME RATES
34.1
When working on an eight (8) hour day and five (5) day per week
schedule (Monday to Friday inclusive), overtime work shall be paid at one
and one-half (1 - %) times the basic hourly rate for all hours worked
beyond the normal daily scheduled number of hours up to a maximum of
Page 37
two (2) hours per day. All hours in ·excess of ten (1 0) hours per day shall
be paid at two (2) times the basic hourly rate.
When working on a ten (1 0) hour day and four (4) day per week work
schedule Monday to Friday inclusive) overtime work shall be paid at one
and one-half (1 - V~) times the basic rate for all hours worked beyond the
normal daily scheduled number of hours up to a maximum of two (2)
hours per day. All hours in excess of twelve (12) hours per day shall be
paid at two (2} times the basic hourly rate.
34.2
Overtime work performed on Saturday, Sunday, non-shift days, and the
Statutory Holidays listed in Article 35 shall be paid at two (2) times the
basic hourly rate.
34.3
The Chief Stewarc!/and or Job Steward will be informed of all overtime
and shall be given the opportunity to work. In the event he declines the
work he shall be responsible to designate a steward to work the overtime
who is qualified to perform the available work. Whenever practical,
overtime shall be divided as equally as possible amongst all employees.
Article 35
STATUTORY HOLIDAYS
35.1
The Statutory Holidays recognized under this Agreement are:
New Year's Day
Family Day
Good Friday
Easter Monday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
Recognized holidays falling on a Saturday or Sunday shall be observed on the
following Monday. When Christmas Day falls on a Saturday or Sunday, it shall be
observed on the following Monday and Boxing Day on the following Tuesday.
When New Year's Day falls on a Saturday or Sunday, it shall be observed on
either the preceding Friday or the following Monday.
EPSCA reserves the right to change the day of observance of a Statutory
Holiday when such a holiday falls on a Tuesday, Wednesday (Canada Day
only) or Thursday.
EPSCAI Millwright Regional Council Agreement
Page 38
Article 36
GRIEVANCE PROCEDURE
36.1
Grievances within the meaning of the grievance and arbitration procedure
shall consist only of disputes about the interpretation or application of
particular clauses of this Agreement and about alleged violations of this
Agreement. In the event of any dispute concerning the meaning or
application of any provision of this Agreement or a dispute concerning an
a11eged violation of this Agreement. there shall be no suspension or disruption
of work. but such dispute shall be treated as a grievance and shall be settled.
if possible, by EPSCA and the Union. In the interests of expediting the
procedure, the parties shall process grievances in the following manner:
The grievance procedure and arbitration procedure in Article 36 do not apply
to jurisdictional disputes.
36.2
PRELIMINARY DISCUSSION
Disputes arising out of the interpretation or alleged violation of this Agreement
should, if possible. be settled by discussion between the employee and/or his
steward and the employee's supervisor. If the employee affected is a
foreman. the preliminary discussion will be between the Accredited Union
Representative and the foreman's supervisor.
36.3
Fl RST STEP
If. a dispute cannot be resolved by this method, the Accredited Union
Representative may file a formal grievance on the prescribed form with the
Manager of Construction or the EPSCA Representative/Area Construction
Manager within fifteen {15) working days of the alleged grievous act.
Within ten (1 0) working days of the filing of the grievance. the EPSCA
Representative/Area Construction Manager shall investigate the grievance
and convene a First Step meeting which he or the Accredited Union
Representative considers necessary to resolve it.
The Management Committee shall be comprised of the EPSCA
Representative/Area Construction Manager or their designate plus at least one
representative of the Employer nameq in the grievance. The Union Committee
shall include at least two persons. one of whom shall be the Accredited Union
Representative for the griever.
The EPSCA Representative/Area Construction Manager shall give his reply on
the prescribed form to the Accredited Union Representative within five (5)
working days from the date of the First Step meeting.
Page 39
Copies of completed grievance forms signed by the appropriate parties shall be
filed by the EPSCA Representative/Area Construction Manager. The
Accredited Union Representative for the grlevor will file a copy with the Union.
The EPSCA Representative/Area Construction Manager will send a copy of
any signed first step grievance settlement between the Accredited Union
Representative and EPSCA to the Un!on and EPSCA office.
SECOND STEP
36.4
Within ten (1 0) working days after the disposition has been issued under the
First Step of this procedure, the Accredited Union Representative may refer the
grievance on the prescribed form to EPSCA's Grievance Officer. A copy of the
grievance form shall be forwarded by the Accredited Union Representative to
the Executive Secretary-Treasurer of the Millwrights Council.
The EPSCA Grievance Officer shall in'vestigate the grievance and convene a
meeting which he or the Executive Secretary-Treasurer of the Millwrights
Council considers necessary to resolve it and give his reply on the prescribed
form to the International Representative of the Union within five {5) working
days from the receipt of the grievance form which was completed at First Step.
The Management Committee shall comprise the EPSCA Grievance Officer
plus two other Management Representatives, one of whom shall be a
representative of the Employer named in the grievance. The Union Committee
shall be comprised of at least the Executive Secretary -Treasurer of the
Millwrights Council or his designate for the griever. If the Executive SecretaryTreasurer of the Millwrights Council elects to appoint a designate, he shall
inforrn EPSCA, in writing, of the name of the designate and the duration of
appointment.
36.5
EPSCA OR UNION GRIEVANCES
The processing of EPSCA or Union grievances will begin at the Second Step.
EPSCA or the Union may submit either policy or specific grievances. Such
policy or specific grievances shall be submitted within thirty (30) days of the
alleged grievous act.
36.6
TIME LIMITS
The time limits as to both documents and procedures set out In the above
sections shall be complied with by the parties to this Agreement provided,
however, that the parties may mutually agree, in writing, in respect to an
extension or waiver of any of the time ·limits imposed. Where no answer is
given within the time limits specified in the grievance procedure, the employee
concerned, the Union, the Union or EPSCA shall be entitled to submit the
grievance to the next step of the grievance procedure. Any grievance not
Page 40
processed within the time limits specified in the grievance procedure shall be
deemed to have been settled and ineligible for arbitration.
36.7
Alleged unjustified termination, discharge, suspension or disciplinary action
may ~e grieved beginning at First Step.
36.8
G.RIEVANCE FACILITIES
EPSCA shall provide the necessary facilities for all grievance meetings.
Article 37
ARBITRATION
37.1
If .any dispute about the interpretation or application of particular clauses of this
Agreement or about an alleged violation of this Agreement cannot be settled
through the grievance procedure outlined in Article 36, the matter may be
submitted within thirty {30) days of its failure of settlement by grievance
procedure by either EPSCA or the Union to a Board of Arbitration for
adjudication.
The party desiring to submit the dispute to arbitration shall notify the other
party,· in writing, of its desire and the notice shall contain the name of the first
P?rty's nominee to an arbitration board. The recipient of the notice shall, within
five (5) working days, inform the other party of the name of its nominee to the
arbitration board. The two nominees so selected shall, within ten (1 0) working
days of the appointment of the second of them, appoint a third person who
shall be the Chairman. If the recipient of the notice fails to appoint a nominee,
or if the nominees fail to agree upon a Chairman, the appointment shall be
made by the Minister of Labour for Ontario upon the request of either party.
The arbitration board, when selected or appointed, will proceed as soon as
practicable to hear and determine the dispute and it shall issue a decision
which is final and bindirtg upon the parties and upon their respective members.
The decision of a majority is the decision of the arbitration board, but if there is
no majority, the decision of the Chairman governs.
37.2
The arbitration board shall have no power to add to or subtract from or modify
any of the terms of this Agreement. The arbitration board shall not substitute
its discretion for that of the parties except where the board determines that an
employee has been discharged or otherwise disciplined for cause when this
Agreement does not contain a specific penalty for the infraction that is the
subject matter of the arbitration. In such cases, the arbitration board may
substitute such other penalty for the discharge or discipline as to the arbitration
board seems just and reasonable in all circumstances. The arbitration board
shall not exercise any responsibility or function of the parties. The arbitration
Effective May 1, 2910 to Aprl/30, 2020
Page 41
board shall not deal with any matter not contained in the original statement of
grievance filed by the party referring the matter to arbitration.
37.3
In arbitration proceedings, each party shall pay the fees and expenses of its
nominee, whether appointed by the party or by the Minister of Labour for
Ontario, and the fees and expenses of the Chairman shall be shared equally by
the parties.
37.4
The time limits as to b9th documents and procedure set out in the above
sections shall be observed by the parties to this Agreement provided,
however, that the parties may mutually agree, in writing, in respect to an
extension or waiver of any of the time limits imposed.
Article 38
NO STRIKE - NO LOCKOUT
38.1
There shall be no strikes or lockouts so long as this Agreement continues to
operate.
Article 39
BENEFITS
39.1
The Employer agrees ~o pay into operative welfare, pension and
supplementary unemployment benefit plans, whether n addition to the wage
rates or deducted from the wage rates, for employees covered by this
Agreement. The amounts shall be as set out in the wage schedules, attached
hereto.
39.2
The Union agrees to supply the Employer with all information regarding the
welfare, pension and supplementary unemployment benefit plans and also all
administrative material ,that is required for the implementation of same.
39.3
The Trustees of the Employee Benefit Plans referred to in this Collective
Agreement shall promptly notify the Union of the failure by any Employer to pay
any employee benefit contributions required to be made under this Collective
Agreement and which are owed under the said plans in order that the program
administrator of the Employee Wage Protection Plan may deem that there has
been an assignment of compensation under the said program in compliance
with the regulation to the Employment Standards Amendment Act, 1991 in
relation to the Employe~ Wage Protection Program.
Page 42
39.3
In the event an Employ~r is more than fifteen (15} days in arrears of the
requirement to forward contributions and/or deductions to the Trustees by the
fifteenth of the month following, the Employer shall pay as liquidated damages
and not as a penalty an amount equal to two (2%} percent (equivalent to 24%
per annum} for each month or part thereof that the contributions and/or
deductions are in default for greater than fifteen (15} days provided the
Employer has received five (5} days' written notice to correct such default. The
trustees may require a delinquent Employer to pay for the costs, legal or
otherwise, of collecting the amount owing, as outlined In the operative benefit
plan trust documents.
Article 40
VACATION AND STATUTORY HOLIDAY PAY TRUST FUNDS
40.1
Each Employer shall contribute to The Millwright Benefit Plan Trust Funds, ten
percent (1 0%} of the vacationable gross earning* of each employee covered
by this Agreement. The money is to be distributed by the Fund in the following
manner: five percent (5%} Vacation Pay to be paid out in June of each
calendar year and five percent (5%} Statutory Holiday Pay to be paid out in
November of each calendar year.
Each Employer shall remit contributions on behalf of his employees into the
Millwright Benefit Plan Trust Funds by the 15th day of the month, following the
month in which the hours were earned to the Administrator. At no time will any
contribution be paid directly to the employee.
Any Employer in default more than fifteen (15} days in remitting payment, shall
pay to the Trustees, as liquidated damages and not as penalty, the amount
equal to two percent (2%} of the arrears for each month or part thereof in which
he is in default. In addition, the defaulting Employer shall be liable to pay and
agrees to pay interest at the rate of ·
1 %% per month on any unpaid arrears including the liquidated damages
specified herein.
A three {3} week leave of absence for the purpose of taking an annual vacation
will be granted in the calendar year in which the employee completes one year
of service*. In special circumstances, where the work schedule permits,
additional time off may be ranted an employee. The additional time off will not
be unreasonably denied
Page 43
Article 41
ASSOCIATION FUND
41 .1
Each Employer bound by this agreement shall contribute to the Electrical
Power Systems Construction Association Fund, the amount specified on the
wage schedules attached hereto for each hour worked by each employee
covered by this agreement.
The Employer shall remit such contribution together with the supporting
information as required on the reporting forms.
EPSCA shall indemnify the Union for any liability arising from an Employer's
failure to remit such contributions.
•
•
Vacationable gross earnings" means pay for regular hours, overtime, premium pay, shift
differential, lines and stations dally travel time, retroactive pay adjustments, reporting pay,
inclement weather pay, call-in pay, Saturday and Sunday premiums and trade training, but does
not include payment for initial and return travel.
Service will be calculated based on an employee's length of continuous service with his
Employer.
Article 42
RADIATION WORK
42.1
(a)
Local Union to be provided with a copy of Radiation Protection
Regulations and
any revisions from Ontario Power Generation Inc., Bruce Power and any
other Nuclear Plant covered by the EPSCA collective agreement.
(b)
Local Union to be provided with a copy of Radiation Protection
Procedures and any revisions from Ontario Power Generation Inc.,
Bruce Power and any other Nuclear Plant covered by the EPSCA
collective agreement.
(c)
Each employee will have access to his personal radiation exposure
record.
(d)
Long-term employees who reach their exposure limit will be given
alternate employment until they can resume radiation work.
(e)
Short-term employees will be given a guaranteed period of employment
at their time of hire.
·
Page 44
Article 43
R.P.A. QUALIFICATION
43.1
Cons.truction Radiation Protection Assistant (R.P.A.) is a Construction Trades
Person who has achieved the full radiation qualification via the approved
Ontario Power Generation Inc Training Program. This requires successful
completion of the construction R.P.A. training and checkouts and the
performance of R.P.A. functions while under supervision of a fully qualified
Construction R.P.A. to the satisfaction of the Construction Site Safety Officer
and the Station Health Physics Unit. ·
R.P.A. will be paid the appropriate equivalent foremen's rates when performing
an R.P.A. function and will report to the Site Safety Unit. An R.P.A. is a
"qualification" and not a "trade function" irrespective of union or trade affiliation.
43.2
In the case of a recall to work, Employers reserve the right to recall Green
qualified Atomic Radiation Workers (R.P.A.} in sequence from the out-of-work
list to the location from where they were laid off. Recalled Green men (R.P.A.}
will perform sufficient Greenman work to maintain their skill level, or be laid off.
Article 44
ABORIGINAL CONTENT COMMITMENT
44.1
Where an aboriginal commitment has been established on a project, the Union
will agree to the conditions required to meet the commitment. The Employer
will advise the Union prior to implementing the commitment.
Page 45
Article 45
TERM OF AGREEMENT
45.1
This Agreement shall continue in full force and effect from May 1, 2010 until
April 30, 2020 inclusive. During the term of this agreement it is expected that
major refurbishment/rehabilitation proj.ects may occur and they will require the
parties to meet and discuss how this project can be accomplished successfully.
These discussions may result in mutually amendments to this collective
agreement. Either party may initiate these discussions upon sixty (60) days
notice.
In Witness Whereof, EPSCA and the Union have caused this Agreement to be
executed in their names by duly authorized representatives atf5/t().J1tJ this "U day pt11-( 10tt
of
For:
The Electrical Power Systems
Construction Assoclatton
For:
Millwrights Regional Council of
Ontario
L~~
Page 46
APPENDIX A
MOOSE RIVER BASIN: NORTHERN ONTARIO
Where the Employer elects to establish a camp, the following conditions will apply for
employees working in the Moose River Basin:.
Camp Conditions
(a)
An Employer may elect to provide free room and board in camp at no cost to
the employee. Where 'the Employer elects to provide a camp such employees
will not be entitled to receive a daily travel or room and board allowance.
(b)
When an Employer does not elect to provide free room and board in camp, the
employee will be entitled to receive a daily travel or room and board allowance
as set out in Articles 20.1 and 20.2.
(c)
An employee who remains In camp on a normally scheduled work day on
which he does not work will be charged $25.00 per day unless he is excused
from work for a legitimate reason by the project medical attendant or an
authorized representative of his Employer.
(d)
An employee who is absent from work without approval and who remains in
camp and is still absent from work the following day without approval will be
charged $25.00 for the day of absence and each successive day of
unapproved absence.
Hours of Work
(1}
The hours of work will consist of a 21 day cycle of fourteen (14} consecutive
work days followed by seven (7} consecutive days off.
(2}
Regularly scheduled hours of work of ten (1 0} hours per day shall be paid at
straight time hourly rates.
(3)
Regularly scheduled hours of work on Saturday, Sunday, Recognized Holidays,
and the fifth (5th} consecutive weekday shall be paid at two times the straight
time hourly rate.
EPSCN Millwright Regional Councii.A:greement
Effective Maf1, 2010 to Apri/30, 2020
Page 47
(APPENDIX A- Moose River Basin: Northern Ontario- continued)
Wrap Around
An employee shall qualify for a return trip from the project every second twenty-one
(21) day cycle he is on the project on the following basis:
(a)
If an employee lives within 161 radius kilometres from the project, the
Employer shall pay forty dollars ($43.20) effective July 27, 2010.
(b)
If an employee lives greater than 161 radius kilometres from the project, the
Employer shall pay as an allowance, forty dollars ($43.20) effective July 27,
201 0 plus travel time based on the equivalent of one (1) hour's base rate of
pay for each eighty (80) kilometres from where the employee lives or place of
recruitment, whichever, is closer to the project.
Page 48
APPENDIX B
7-DAY COVERAGE
NUCLEAR SITES
When working under the provisions of this 7-day shift schedule, all conditions listed
below will supersede those in the other Articles/Sections of this Collective Agreement.
Where this shift schedule is silent, the appropriate Article/Section in the Collective
Agreement applies.
These provisions would only apply to work performed on a Nuclear Facility and the work
must be covered by the "Modified Provisions" of this Construction Agreement.
This shift schedule is intended for work of at least four {4) weeks in duration; however, it
is recognized that unforeseen circumstances may require the cancellation of this
schedule.
If in the transition onto or off this 7-day shift schedule an employee would receive less
than 40 p~id hours in a pay period, the employee shall receive the difference between
the total paid hours for that pay period and 40 hours' pay. This does not apply to those
employees who are laid off during or at the end of the schedule.
The employee(s) shift schedule consists of four consecutive shifts (day, afternoon, or
night) followed by four scheduled days off. Shift overlap may be required.
Shift work may be established by the Employer to provide seven days per week work
coverage, on two or three ten (1 0) hour per day shift basis. When this occurs, a
specific s~ift arrangement will be established by the Employer detailing the shift
schedule to be worked.
a
Notice Provision
If this shift schedule is to be used for work on a "planned outage", the Employer will
provide the Union with two (2) weeks' notice prior to the implementation of these shift
provision~.
Shift Provisions
Day Shift
Regularly scheduled hours of work per shift, Monday to Friday inclusive, shall be paid at
straight time hourly rates.
Page 49
(APPENDIX B - 7-Day Coverage Nuclear Sites - continued)
Afternoon Shift
Regularly·scheduled hours of work per shift, Monday to Friday inclusive, shall be paid at
straight time hourly rates, plus a shift differential which shall be equal to the Shift
Differential as found in the collective agreement for this shift.
Night Shift
Regularly scheduled hours of work per shift, Monday to Friday inclusive, shall be paid at
straight time hourly rates, plus a shift differential which shall be equal to the Shift
Differential as found in the collective agreement for this shift.
All Shifts
Regularly scheduled hours of work on Saturday, Sunday, Statutory and Recognized
Holidays shall be paid at the appropriate overtime rate. Recognized Holidays will be
observed on the actual day on which the holiday occurs or as declared by legislation.
The rate for the shift will be based on the day in which the shift begins.
An unpaid lunch period of one-half hour shall be allowed to be taken no later than five
hours after the commencement of a shift.
For employees working regularly scheduled hours, two fifteen (15) minute rest periods
will be allotted at a time and location directed by the Employer for employees to rest.
It may be necessary, from time to time, to vary the established shift arrangements.
When this occurs, a revised shift arrangement will be established.
Effective May 1, 2010 to Aprll30, 2020
Page 50
APPENDIX C
7-DAY COVERAGE
HYDRO ONE (LINES AND STATIONS)
This shift schedule is intended for work greater than two (2) weeks in duration;
however, it is recognized that unforeseen circumstances may require the cancellation of
this schedule.
These provisions will only apply to work performed on Lines and Stations as follows:
"for emergency work until the system is restored to the pre-emergent state"
If in the transition onto or off this 7-day shift schedule an employee would receive less
than 40 paid hours in a pay period, the employee shall receive the difference between
the total paid hours for that pay period and 40 hours' pay. This does not apply to those
employees who are laid off during or at the end of the schedule.
The employee(s) shift schedule consists of four consecutive shifts (day, afternoon, or
night) followed by four scheduled days off. Shift overlap may be required.
Shift work may be established by the Employer to provide seven days per week work
coverage, on a one, two, or three shift per day basis. When this occurs, a specific shift
arrangement will be established by the Employer detailing the shift schedule to be
worked. The Employer will provide the Union with 48 hours' notice prior to the
implementation of these shift provisions.
First Shift
Regularly scheduled hours of work, Monday to Friday inclusive, shall be paid at straight
time hourly rates.
Second Shift
time hourly rates, plus a shift differential which shall be equal to the Shift Differential as
found in the collective agreement for this shift ..
Third Shift
time hourly rates, plus a shift differential which shall be equal to the Shift Differential as
found in the collective agreeme'nt for this shift.
Page 51
{APPENDIX C -7-Day Coverage Hydro One [Lines and Stations]- continued)
All Shifts
Regularly scheduled hours of work on Saturday, Sunday, Statutory and Recognized
Holidays shall be paid the appropriate overtime rate for that trade. Recognized
Holidays will be observed on the actual day on which the holiday occurs or as declared
by legislation.
The rate f~r the shift will be bas.ed on the day in which the shift begins.
An unpaid lunch period of one-half hour shall be allowed to be taken no later than five
hours after the commencement of a shift.
For employees working regularly scheduled hours, two fifteen (15) minute rest periods
will be allotted at a time and location directed by the Employer for employees to rest.
It may be necessary, from time to time, to vary the established shift arrangements. When
this occurs, a revised shift arrar:~gement will be established.
Page 52
STATEMENT OF UNDERSTANDING NO. 1
Notwithstaijding Article 1, Recognition, of the Collective Agreement between The Electrical Power
Systems Construction Association and the Ontario Allied Construction Trades Council, it is recognized
and agreed by The Electrical Power Systems Construction Association and the Ontario Allied
Construction Trades Council that employees of Ontario Hydro, who, at April 30, 1953, possessed full
regular status and who are engaged on property acquired for Ontario Hydro, are exempt from the
provisions of this Agreement and that the Council or member Unions of the Council will not attempt to
either negotiate for these employees, unless bargaining rights are obtained, or restrict their movements or
work on such property.
Dated at Re.xdale, Ontario, this 28th day of August, 1974.
For:
!HE EU:C!?.ICAL F?O~ SYSTEMS
D~ector
.-1
oJ:
·oirect.or
For t.he Member Unions
"
1
..,A.
..
IJ./ _"'f""_
1'---~f...
Int-ernational Association of
Heat and Frost Insulators and
Asbestos workers
General
~..a.na.ger
Secretary-Treasure:
QJL ;D()
(tL{V'In.temac:ional Brotherhood of
Bdile~~kers, Iron Ship
BJil~ers, Blacksmiths, Forzer~
an;:_. t:felpers
Page 53
STATEMENT OF UNDERSTANDING NO.1
(continued)
In:arca:ioual !~ocherhcod o!
P&inca=J and Allied T~&aes
~ W-
z:%:<: . ._. .
~:arca:io:al
l:o:narhood o~
t&MZ.Scars, Chauffeu::-s,
Ra:ehousaman -=A Helpers of
Ama:ic:.a.
~.----..~· -'-~~~/
~ciocal
Ua.ioi?':r
Opera:~-~ ~~taae:s
Page 54
It is recognized and agreed by The Electrical Power Systems Construction Association and the
Ontario Allied Construction Trades Council that foremen covered by the Collective Agreement
between The Electrical Power Systems Construction Association and the Ontario Allied
Construction Trades Council who are employed by Ontario Hydro and who possess full regular
status will not be required to comply with subsection (b) section .1 of Article 12, Union Security, of
the Master Portion of the Collective Agreement. However, if any of these foremen join a member
Union of the Council they will be put on checkoff and will be required to maintain their membership
in the Union.
Dated at Rexdale, Ontario, this 28th day of August, 1974.
For:
For:
!HE ELECTRICAL FOWER SYS!EMS
CONSTRUCTION ASSOC!A!IO~
n,r, .u1 r n
.A TT T;on
r
nt-:~i"W TTt.'iT n~~J
J.Qd~~
~:erca:ic:&l B~ccher~ooc
of
Pain:a:J and Allied Trades
~W-~,~
O!,:ector
.
o<f.. ~_y .N/
•
I=:a::a:ioaal ~o:narhood of
teams:a:s, Chauffeurs,
~ehousaun a:cl Helpers of
Amari~
Direc::.t.or
.,. r
\\·v.r
-·---c~_./..,....,. ..c
-P'
Direc::.~cr
Jki_(J
.
Oinetc~ '~
General t-t.a.nager
Sec::.re~a:y-!reasure:
.,~
.... ~~:;-~,
~-Go._
.................. ,
............. -:-
an~tlelpers
Page 55
LETTER OF UNDERSTANDING
between
and the
ONTARIO ALLIED CONSTRUCTION
TRADES COUNCIL
It is agreed that STATEMENT OF UNDERSTANDING No.3 which is dated August 28,
1974 and appended to the Master Portion of the EPSCNOACTC Collective Agreement,
is hereby withdrawn and cancelled effective January 28, 1999.
DATED at Toronto, Ontario, this
1999.
'
For:
The Electrical Power
For:
Systems Construction Association
day of
August
Ontario Allied
Construction Trades Council
Joe Dotchin
Matthew Elliot
Barry Roberts
Bryon Black
Page 56
between
and the
ONTARIO ALLIED CONSTRUCTION
TRADES COUNCIL
It is agreed that STATEMENT OF UNDERSTANDING NO.4 which is dated August 28,
1974 and appended to the Master Portion of the EPSCA!OACTC Collective Agreement,
is hereby withdrawn and cancelled effective May 31, 1984.
Dated at Toronto, Ontario, this
For: THE ELECTRICAL POWER SYSTEMS
J
""'-<;~
I
Q
day of
May
11984,
For: ONTARIO ALLIED CONSTRUCTION
TRADES COUNCIL
·~ ..... - - - - -
Page 57
Nothing contained in any other Collective Agreement negotiated by EPSCA will
prejudice any of the affiliates of the OACTC so far as the trade jurisdiction is
concerned.
Page 58
·Replace Statement of Understanding- #6 dated January 2flh, 1999,
with the following:
STATEMENT OF UNDERSTANDING
Between
And
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
LABOURERS INTERNATIONAL UNION OF NORTH AMERICA
UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA
EMPLOYMENT REFERRALS
It is agreed by the Parties to this understanding, that prior to any member being referred for employment
under this a·greement, the member must submit to a security check. Only members who successfully
obtain security clearance will be referred for employment. Once a member has been hired on, they will
receive an allowance of $50.00 on their first weeks pay cheque, in consideration of their time spent filling
out the security clearance forms.
The union will be notified, as soon as possible, whether or not an individual has successfully obtained
security clearance. This pre-clearance does not prohibit the Union from filing a grievance against the
Employer on behalf of any member who is refused employment due to his/her failure to obtain security
clearance.
Dated at Toronto, this 28th day of April, 2000.
Phil Bertrand
John Anderson
IUOE
Barry Roberts
Helen Viveiros
RosRioux
Robert Gibson
Denis Flynn
Doug Wilson
EPSCA
Rick Weiss
LIUNA
Claude Cournoyer
UBCJA
Page 59
STATEMENT OF UNDERSTANDING N0.7
Between
And
· THE INTERNATIONAL UNION OF OPERATING ENGINEERS
RE: Late Payment of Board Allowance
During the current negotiation discussions, the Unions raised concerns about the late payment of board
allowance. It was unclear to what extent payments were being delayed. In order to assess how much of a
problem thil? is, EPSCA agrees to investigate the payment process by June 15, 2000 to determine the
extent of the problem and to pinpoint the cause. Once the investigation is complete and the Parties have
determined that a problem exists, the Parties agree to re-open negotiations to negotiate an appropriate
penalty clause.
Dated this 12th of May 2000.
Barry Roberts
Phil Bertrand
IUOE
EPSCA
Rick Weiss
LIUNA
Cla_ude Cournoyer
UBCJA
effective MaY. 1, 2010 to Apr/130, 2020
,
Page60
STATEMENT OF UNDERSTANDING
Between
CONSTRUCTION ASSOC IATION
And
THE INTERNATIONAL UNION OF OPERATING ENGINEERS
ROOM AND BOARD ALLOWANCE
NORTH OF THE FRENCH RIVER
The Parties agree that individuals in the 80·97 kilometre radius ring working north of the French River will
be eligible for room and board allowance if their actual road kilometers travelled exceeds 120 kilometers.
Dated at Toronto, this 28th day of April, 2000.
Phil Bertrand
John Anderson
IUOE
Barry Roberts
Helen Viveiros
· RosRioux
Robert Gibson
Denis Flynn
Doug Wilson
EPSCA
Rick Weiss
LIUNA
Claude Cournoyer
UBCJA
effective May 1, 2010 to April 30, 2020
Page 61
MILLWRIGHtS REGIONAL COUNCIL OF ONTARIO
TOOL LIST
The Millwright will supply, on reasonable notice, the following list of ordinary hand tools
of the trade when required in the performance of his normal duties.
1
1
1
1
1
1
2
1
1
carry-type tool Box with lock and key
set feeler gauges, .0015 to .035 inches
outside micrometer 0 to 1 inch
6-inch calipers (inside and outside)
6-inch or 9-inch machinist's level
combination square with protractor
scribers
set centre punches
set %-inch drive sockets, 3/8-inch to 1-% inch, consisting of:
10-inch reversible ratchet
5-inch extension
10-inch extension
universal joint
flex handle
extra-deep sockets, 3/16-inch,
7/8-inch, 15/26-inch
1
set combination wrenches 3/8-inch to 1-1 /4-inch or 1 set box-end and 1 set
open-end
,
set regular screwdrivers (3)
offset screwdriver
set Phillips screwdrivers
set Robertson screwdrivers
set Allen wrenches 1/8-inch to %-inch
set taper punches
set chisels
vise· grip pliers
6-inch diagonal cutting pliers
10-inch rib joints pliers
needle nose pliers
8-inch adjustable wrench
12-inch adjustable wrench
ball peen hammers
Pry bar
hack saw
tin snips
hole magnet
1
1
1
1
1
1
1
1
1
1
1
1
1
2
1
1
1
1
Page 62
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
rawhide hammer
pocket knife
flat scraper
bearing scraper
chalk line
vernier calipers 6-inch
set thread gauges
set depth gauges
flashlight
inspection mirror
adjustable steel tape, 8-foot minimum
oil stone
50-foot steel tape
set dividers
plumb bob with line
Page 63
between
and the
MILL WRIGHT DISTRICT COUNCIL OF ONTARlO,
UNITED BRO~OOD OF CARPENTERS AND JOINERS OF AMERICA
It is agreed by the parties that if an Employer under this qrecmcnt assigns layout/survey type work
to the Millwright District Council of Ontario, United Brotherhood of Carpenters and Joiners of
America, the Employer will pay those Millwrights in accordance with the Journeyman rates listed in
the appropriate EPSCA wage schedules." EPSCA Vacation and Statutory Holiday Pay entitlement
shall be calculated in the amount often percent {10%) of the base hourly rate. Welfare, Pension and
Training Fund amounts shall be as set out in the appropriate EPSCA wage schedule. All other
conditions contained the the EPSCA Collective Agreement apply.
THJS;,__<;"--...f(_O.AY CF
FOR:
&PICA IARGAININI3
r,:QMMITTEI!:
p
,rrJR:
FUR:
THE ELECTRJt.:AL.
COI\STRUCTJtJN
~FUR:
THE UNTARIO ALUEC
· CUNSt'RUCTION TRACES
C.~~CIL:
·~::
68
f
1QQU.
MIU.WRIBHT DISTRICT c:uuNOit.
t.F c:»n'ARID BARGAINING
ASStX:IATltlN:
•E
(tJ
~~
, .
PWIR SYSTEM&
J
LETIER OF UNDERSTANDING
Between
ELECTRICAL POWER SYSTEMS CONSTRUCTION ASSOCIATION
And
MILLWRIGHT DISTRICT COUNCIL OF ONTARIO
RE: WORKING FOREMEN
This will confirm that any issues encountered during the term of the collective
agreement regarding the amendment to the language of Article 14.14 - Working
Foremen- m~y be referred to the Executive Committee.
Dated this 10th day of March 2006,
For: EPSCA:
For: Millwright District Council:
Ivars Starasts
Ian !Mcisaac
Page 65

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