ARTICLE 1 – GENERAL PURPOSE OF AGREEMENT
The purpose of this agreement is to promote harmony and collaboration in the relationship between the Company and its employees, to strive for the application of equitable working conditions and wages for the employees, to protect their interests and encourage within the enterprise the development of a true spirit of cooperation between the parties.
ARTICLE 2 – RECOGNITION
The Company recognizes the Communications, Energy and Paperworkers Union of Canada (Local 433) as the only agencies representing all employees as defined in this agreement for the purpose of collective bargaining.
Any employee who is now a member in good standing, or who becomes or is reinstated as a member of the Union, shall, as a condition of continued employment, maintain such membership in good standing in the Union throughout the term of this agreement. Any new employee shall, as a condition of employment, become a member of the Union on their first day of employment. In the event of the Local Union intending to suspend a member for non-maintenance of membership, the Company shall be notified by the Local in writing at least seven (7) days before such suspension.
No Employee shall be subject to any penalties against his application for membership or reinstatement, except as may be provided for in the constitution and by-laws of the National Union and the Union.
ARTICLE 3 – CHECKOFF
The Company shall remit to the Union not less often than once each calendar month, amounts deducted from employee’s wages in respect of initiation fees, regular monthly dues, and duly authorized Union assessments, pursuant to an assignment executed by individual employees on the Union Membership Application Card.
The National Union hereby agrees that the Company shall be saved harmless with respect to all deductions made and paid to said Union in respect of provisions herein.
ARTICLE 4 – DEFINITIONS
Whenever used in this agreement, including Exhibits, the word “employees” means all persons on the payroll of the Company and referred to in the Certificate of Bargaining Authority issued to Local 433, under the Labour Relations Act of the Province of British Columbia. Chapter 17, 1954.
ARTICLE 5 – TERM OF AGREEMENT
This agreement shall be in effect from March 1, 2011 to and including February 28, 2014.
All notices under the provisions of this article on behalf of the Union shall be given by the President, or his representative, of the Union; and similarly, notices on behalf of the Company shall be given by the President, or his representative, of the Company.
This agreement may be open for collective bargaining as follows:
Either party desiring any change may, at any time within four (4) months immediately preceding the expiry of this agreement, by written notice require the other party to commence collective bargaining. If notice should not be given by either party ninety (90) days or more before the expiry of the agreement, then both parties are deemed to have given notice ninety days before the expiry.
The parties shall, as soon as agreeable to the parties meet for collective bargaining, the Company being represented by a bargaining committee selected by said Company, and the Union being represented by a bargaining committee selected by said Union. Any agreement on changes arrived at and approved in such negotiations shall be binding upon the parties to this agreement.
The parties agree that the operation of Section 50 (2) of the Labour Code of British Columbia and amendments thereto are excluded from this agreement and do not apply during the term hereof.
In case negotiations conducted in accordance with the above break down, either party may terminate this agreement by notifying the other party in writing mailed by registered mail in conformance with the Labour Code.
NO INTERUPTION OF WORK
It is agreed by the Union that there shall be no strikes, walkouts, slowdowns or other interruption of work during the period of this agreement. It is agreed by the Company that there shall be no lockouts during the period of this agreement.
ARTICLE 6 – HOLIDAYS
The following shall be recognized as Statutory Holidays:
- New Y ear’ s Day
- Heritage Day
- Good Friday
- Victoria Day
- Canada Day
- B.C Day
- Labour Day
- Thanksgiving Day
- Remembrance Day
- Christmas Day
- Boxing Day
- A floating Paid Holiday shall be observed immediately prior to or following the Christmas or New Year Holiday. Notice as to which day is to be posted by December 1st of each year
For each above mentioned holiday, the employee shall receive eight (8) hours’ pay at his regular hourly rate of pay at straight time rate. If an employee is moved to a higher rated job and a holiday occurs during that period, the employee shall be paid the higher rate for the holiday if he is working the job for five (5) or more days including the holiday.
In order to receive pay for a Statutory Holiday or holidays, an employee must have been on the payroll for not less than thirty (30) days immediately preceding such holiday or holidays.
In order to receive pay for the holiday, the employee must have worked his scheduled work day before and his scheduled work day after such holidays, unless failure to work his schedule work day before or after the holiday was due to any of the following events:
- (a) When the employee is on his regular authorized paid vacation.
- (b) When the employee is unable to work by reason of an industrial accident as recognized by the Workers’ Compensation Board, or his absence was due to a bona fide sickness or accident. The Company may request a doctor’s certificate.
- (c) When the operation in which the employee is engaged is curtailed or discontinued by the decision of management and which curtailment or discontinuance changes or eliminates the employee’s scheduled work day before, or scheduled work day after such a holiday. However an employee shall not receive holiday pay if he has not actually worked at least one (1) day during the thirty (30) calendar days just preceding the holiday and at least one (1) day during the thirty (30) days immediately following such holiday.
When a holiday falls within an employee’s vacation period, the vacation period will be extended.
In the event that a holiday falls on Saturday or Sunday, the previous Friday or the following Monday will be observed, which day to be determined by the Company. A minimum of fourteen (14) days notice will be given of the day selected.
It is understood that an employee shall not receive payment for a holiday if he has agreed to work on such holiday and fails to work, except in the case where a bona fide illness, supported by a doctor’s certificate, or other bona fide reason approved by management prevents his working on such holiday.
Overtime rates shall be paid for all work performed on holidays at rates hereinafter specified.