L A B O U R    A G R E E M E N T

 

 

ARTICLE I ‑ GENERAL

 

Section 1:  Purpose

            The general purpose of this Agreement is, in the mutual interest of the employer and employee, to provide for the operation of the Skookumchuck Pulp Operations, which will further to the fullest extent possible, the safety and physical welfare of the employees, economy of operation, quality and quantity of output, cleanliness and protection of property.  It is recognized by this Agreement to be the duty of the Company and the employees to cooperate fully, individually and collectively, for the advancement of said conditions.

                                                                                                           

The Company and Union recognize their respective obligations and responsibilities to provide a work environment free from sexual or personal harassment.

 

Section 2:  Mutual Responsibilities

            It is recognized by this agreement to be the duty of the Company to explain fully the terms of this Agreement to all its officers, managers, supervisors  and others engaged in a supervisory capacity and it is recognized to be the duty of the  Union to explain fully to its members, its and their responsibilities and obligations under this Agreement.

 

Section 3:  No Interruption of Work

            It is agreed that there shall be no strikes, walkouts or other interruption of work during the period of this Agreement.  It is agreed that there shall be no lockouts by the Company during the period of this Agreement.

 

Section 4: Human Rights Code

            The parties hereto subscribe to the principles of the Human Rights Code.

 

Section 5: Change of Employer Status

            In the event of a change in employer status, members of Local 15 will retain all of their rights under the Collective Agreement.

 

 

ARTICLE II ‑ DEFINITIONS

 

Wherever used in this Agreement, including Exhibits:

 

(a)        The word EMPLOYEES means all persons on the payroll of Tembec, Skookumchuck Pulp Operations located at Skookumchuck, excepting: those engaged in administration, actual supervision,  sales, engineering, technical and research, accounting, clerical, stenographic and other office work or watchmen's functions, excluding those employed on jobs listed in Exhibit "A".

 

A complete list of the job categories and wage rates of the employees under this agreement is included in Exhibit A.

 

(b)       The words TOUR WORKERS means employees when engaged in operations scheduled in advance for at least twenty‑four (24) hours' continuous running; it being understood, however, that if a Tour Worker is temporarily assigned to work not connected with the continuous operation on which he is usually employed, his status as to tour or day work during such temporary assignment is determined by the nature of such assignment.  All other employees are considered Day Workers.

 

(c)        The word DAY means a period of twenty‑four (24) hours beginning at 8:00 a.m., or at the regular hour of changing shifts nearest to 8:00 a.m.

 

(d)       The word WEEK means a period of seven (7) calendar days beginning at 8:00 a.m., or at the regular hour of changing shifts nearest to 8:00 a.m., on the day on which the actual work week begins.

 

 

ARTICLE III ‑ BARGAINING AGENCY

 

Section 1:  Recognition

            The company recognizes P.P.W.C., Local l5, the union, as certified for a unit of its employees as defined in this Agreement.

 

Section 2:  Bulletin Boards

            The Company shall supply adequately enclosed official bulletin boards in each department for the use of the Union in posting of officially signed bulletins.

 

 

ARTICLE IV ‑ UNION SECURITY

 

Section 1:  Cooperation

            The Company will cooperate with the Union in obtaining and retaining as members the employees as defined in this Agreement, and to this end will present to new employees and to all supervisors the policy herein expressed.  Any new employee shall be introduced to the shop steward by his supervisor within three (3) days of starting work.

           

(a)        A local union representative shall be given an opportunity to speak with all new employees during the employee’s indoctrination.

(b)        The Company will cooperate with the local in booking individuals off for their attendance in union training.

 

·         Reimbursement of wages for union training will be paid by the union.

 

Section 2:  Union Shop

            All employees in the employment of the Company shall, as a condition of continued employment, maintain membership in good standing in the union.  New employees shall, as a condition of continued employment, become members of the union thirty (30) days after becoming employed by the Company.

 

Section 3:  Discharge of Non‑Members

            Any employee who fails to maintain his membership in good standing in the Union by reason of failure to pay dues or assessments shall be discharged after seven (7) days' written notice to the Company by the Union of the employee's failure to maintain his membership in good standing.

 

Section 4:  Application for Membership

            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 Union.

 

Section 5:  Union Dues Deduction

            The Company will deduct union dues from new employees who have worked a minimum of forty (40) hours.           

 

 

ARTICLE V ‑ STANDING COMMITTEE

 

A Standing Committee shall be maintained in the following manner:

 

(1)               The Mill Manager shall appoint a Company Standing Committee of four (4) individuals which shall represent the Company.

 

(2)        The Union shall select from its membership a Union Standing Committee of four   (4) which shall represent the Union for the purposes stated in this Agreement.

 

 

ARTICLE VI ‑ HOURS OF WORK

 

Section 1:  Basic Work Week

            Both parties to this Agreement are committed to maintain the principle of a basic work week of forty (40) hours; but agree that additional time may be worked to permit operation or protection of the mill when paid for as shown in Section 2 herein.

 

Section 2:  Overtime

            Overtime at the rate of time and one‑half will be paid to hourly paid workers on the following bases:

 

 

(1)               Day Workers

 

(a)        For all work performed on Sunday (8:00 a.m. Sunday to 8:00 a.m. Monday) and on holidays as specified in Articles XII and XIII of this Agreement.

 

(b)       For all work in excess of eight (8) hours in any one day or in excess of eight (8) consecutive, straight time hours.

 

(c)        For work performed on an employee's designated day off as provided for in Section 3 herein.

 

(d)       For work in excess of forty (40) hours average per week.  By average is meant the number of weeks mutually agreed upon in advance as the correct schedule.

 

(e)        The Company agrees that employees may carry over Sunday Letter and statutory holiday time earned when sufficient straight time hours are unavailable that week.  The hours may be carried over after the week in which they are earned provided a regular work schedule is being followed.

 

(2)               Tour Workers (8 hours shifts)

 

(a)        For all work performed on Sunday (8:00 a.m. Sunday to 8:00 a.m. Monday) and on holidays as specified in Articles XII and XIII of this Agreement.

 

(b)       For all work in excess of eight (8) hours in any one day or in excess of eight (8) consecutive hours except:

 

(i)    When such work in excess of eight (8) hours is caused by the change of shifts.

 

            (ii) Overtime work by special arrangement between a Tour Worker and his mate to             exchange shifts with the approval of his Supervisor, and when this can be accomplished      without additional cost or penalty to the Company.

 

(c)        For work in excess of forty (40) hours average per week.  By average is meant the number of weeks mutually agreed upon in advance as the correct schedule.

 

(d)       For work performed on an employee's designated day off as provided for in Section 3 herein.

 

(e)        For tour workers on a 12 hour compressed work week schedule, refer to Addendum II, Schedule 1.

 

(f)        The Company agrees that employees may carry over Sunday Letter and statutory holiday time earned when sufficient straight time hours are unavailable that week.  The hours may be carried over after the week in which they are earned provided a regular work schedule is being followed.

 

In the payment of overtime on the basis provided above, the one basis which results in the payment of the largest amount of overtime shall be used.

 

(3)        Banking of Overtime

(i)   Tour Workers who work in excess of eight (8) consecutive hours shall have the option of receiving the overtime premium on the basis of this Section or of receiving straight time for hours in excess of eight (8) consecutive hours and taking equivalent time off in units of not less than four (4) hours at the hourly rate for the job when the work was performed, at a time suitable to the employee and the Company during the contract year.  Any overtime remaining at the end of the contract year in which it is banked may be carried over to the next contract year for purposes of taking equivalent time off. 

 

If equivalent time off is not taken by the end of the contract year following the contract year in which it is earned, the Company shall pay the deferred one‑half (1/2) premium pay.  Tour Workers who choose to bank overtime may later re‑elect to receive the deferred one‑half (1/2) premium pay.

 

            (ii)   For Tour Workers on a 12 hour compressed work week schedule, refer to Addendum            II, Schedule 1.

 

(iii)  Day Workers who work in excess of ten (10) hours in a day shall have the option of receiving the overtime premium on the basis of this Section or of receiving straight time for hours in excess of ten (10) hours in a day and taking equivalent time off in units of not less than four (4) hours at the hourly rate for the job when the work was performed, at a time suitable to the employee and the company during the contract year.  Any overtime remaining at the end of the contract year in which it is banked may be carried over to the next contract year for purposes of taking equivalent time off.  If equivalent time off is not taken by the end of the contract year following the contract year in which it is earned, the Company shall pay the deferred one‑half (1/2) premium pay.  Day Workers who choose to bank overtime may later re‑elect to receive the deferred one‑half (1/2) premium pay.

 

(iv)  When banked time off is requested in writing seven (7) days in advance, employees shall receive written notice of the disposition of their request a minimum of seventy‑two (72) hours prior to the requested time off. The payment of overtime shall not be a factor in canceling approved time off.

 

(4)        A Group Registered Retirement Savings Plan (RRSP) has been established for members of the union.  Employees have, as a third option, the opportunity to contribute their equivalent banked overtime pay to this plan, in lieu of taking pay or time off with pay at a later date.

 

 

Section 3:  Days Off and Schedule of Shifts

(a)        The Company will designate regular periodic days off for each regular employee and will not change such designation without notice except in the case of breakdown.

 

            The Company's policy is to schedule days off on a consecutive basis and every reasonable effort will be made to implement the said policy.

 

            In the event the day or days off are changed to follow the original designated day or days off, then forty‑eight (48) hours' notice will be given in advance of the original day or days off.  In the event the day or days off are changed to precede the original designated day or days off, then forty‑four (44) hours' notice must be given in advance of the new day or days off.

 

            When sufficient notice is not given prior to the initial day or days off, then overtime will be paid for work performed on the original day or days off.

 

            An employee may change his shift, day or days off by mutual arrangement with the foreman and shop steward of the department concerned without penalty to the company.  The Company will consistently apply its policy on mutualling R Days throughout all departments.

 

 

(b)       Where a system of days off is now in effect, same shall remain in effect as long as mutually satisfactory to the signatory union and the signatory company.

 

(c)        When the Company changes an employee's shift schedule after the start of the week without notification being given during the first eight (8) hours of his last shift preceding the new shift, the employee shall receive two (2) hours penalty payment at the straight time day rate for the first shift worked resulting from the change.

 

            If the change in shifts during the week is temporary, the penalty payment is not payable for the second change in shifts when the employee returns to his previously established shift schedule.

 

            When an employee's established shift schedule is changed, the Company will, whenever practicable, notify the employee personally of the change.

 

(d)       Relief employees, employed to provide relief of employees who follow regular schedules, will be scheduled when required for coverage.  The Company will designate regular, periodic days off for all other employees and will not change such designation without notice except in the case of breakdown.  The Company shall use its best efforts:

 

(i)    to schedule days off for relief employees on a consecutive basis; and

(ii)  to provide established schedules for relief employees.

 

(e)        The Company will cooperate with any Day Worker called in after twelve (12) midnight to ensure that this work does not preclude him/her working his/her regular eight (8) hour shift the following day.  This may be accomplished by altering the hours of work to the mutual satisfaction of the employee and his/her supervisor.  No penalty shall apply to the Company as a result of such an arrangement.

 

Section 4:  Starting and Stopping Work

(a)  Tour Workers

            When a tour begins, each tour worker is required to be in his place.  At the end of a shift no tour worker shall leave his place to wash up and dress until his mate has reported to take on the responsibility of the position.  If a Tour Worker does not report for his regular shift, his mate shall notify the foreman.  He shall remain at his post until a substitute is secured, and, if necessary, he shall work an extra four (4) hours.  If work in excess of twelve (12) hours is required by refusal of a mate to report in, or when no other qualified relief is available, then the employee shall complete the extra shift.

 

            Supervision will make substantial efforts to secure a substitute and the Company agrees to discuss in Standing Committee mutually agreeable procedures to achieve this purpose.

 

            Arrangements shall be made by the Company to provide a hot meal at the start of the extra shift and at each four (4) consecutive hour period thereafter.

 

            In the event a tour worker cannot report for his regular shift, he will, if it is reasonably possible, notify his foreman or the office at least four (4) hours before his tour begins.

 

(b)       Day Workers

            Day Workers working 8 hour days shall be at their respective posts ready to begin work at the time their pay starts and shall not quit work in advance of the time their pay stops.  For example, if a Mechanic's pay time is from 8:00 a.m. to 12:00noon and from 12:30 p.m. to 4:30 p.m., he shall be at his post ready to work at 8:00 a.m. and 12:30 p.m. and shall not quit work until 4:30 p.m.

 

(c)        Day Workers on 12 hour compressed work week dayshift schedules, refer to Addendum II, Schedules 2, 3, and 4.

 

Section 5 - Meals 

            A hot meal shall be provided to an employee when he is required to remain at work for more than one (1) hour after completion of his shift.  One additional meal shall be provided every four (4) hours thereafter.  The meal shall be eaten on Company time.

 

            If an employee is called in early, and less than two (2) hours' notice has been given, a meal shall be provided at each regular meal time.

 

 

 

 

 

ARTICLE VII ‑ WAGES

 

Section 1:  Wage Scale

            The wage scale for the term of this Agreement is attached as Exhibit "A" of this Agreement.

 

Section 2:   Shift Differentials

(a)        Tour Workers

 

(i)  Tour Workers following compressed work week schedules shall be paid the following shift differential in addition to the hourly rate for all work performed as follows:

 

 

	2000 (% of base rate)
8:00 a.m. to 8:00 p.m.	2.50%
8:00 p.m. to 8:00 a.m.	4.25%

 

 

 

      (ii)  Tour workers on 8 hour shifts:

           

	2000 (% of base rate)
8:00 a.m. to 4:00 p.m.	2.00%
4:00 p.m. to 12:00 a.m.	3.55%
12:00 a.m. to 8:00 a.m.	4.50%

 

      (iii)  Tour Workers not employed on a 20 or 21 shifts per week schedule:

     

	2000 (% of base rate)
4:00 p.m. to 12:00 a.m.	2.25%
12:00 a.m. to 8:00 a.m.	3.25%

 

(b)  Day Workers

 

Day Workers scheduled in advance to work on other than their normal day shift will receive shift differential in addition to the hourly rate for all work performed as follows:

     

	2000 (% of base rate)
4:00 p.m. to 12:00 a.m.	2.25%
12:00 a.m. to 8:00 a.m.	3.25%

 

                        Note:  Day Workers normally scheduled in excess of eight (8) hours in a day

                        will receive the appropriate shift differential for all hours in excess of eight (8)

                        hours as outlined above.

 

    (c)    All Employees

 

The Company shall not include the shift differential in any employee’s wage rate

            for the calculation of overtime.

 

 

Section 3:  Job Evaluation Plan

           

The Company and the Local Union agree to implement a job evaluation process consistent with the existing industry plan.  The parties will constitute a committee to research job evaluation with the purpose of finalizing this process by April 30, 2003.  Should a job evaluation plan be implemented, existing contract language will be amended or added to reflect the new plan. (See Exhibit E)

 

 

ARTICLE VIII ‑ ALLOWANCE FOR FAILURE TO PROVIDE WORK

 

Section 1:  No Work

            In case any employee reports for his regular scheduled shift having been ordered to report for such work and then no work is provided, he shall nevertheless receive two (2) hours' pay for so reporting.

 

Section 2:  Where Shift Commenced

            In any case where an employee has commenced his regular scheduled shift, he shall receive a minimum of four (4) hours' pay except in cases of accident, breakdown, interruption of power, acts of God, or to cases of Call Time as provided in Article IX hereof.  In cases of accident, breakdown, interruption of power or acts of God, the employee shall receive a minimum of two (2) hours' pay.

 

ARTICLE IX ‑ CALL TIME

 

Section 1: Qualifying Conditions

            An employee shall receive two (2) hours Call Time at the straight time rate in addition to pay for time actually worked under the following conditions:

 

(a)        Call to work following a shift

            When required to report for work after completing his designated shift.

 

(b)       Call to work on a designated day off

            When required to report for work on a designated day off.

 

(c)        Statutory Holiday Work

            For any work performed on a holiday as specified in Article XII.

 

(d)       Assignment of work not connected with the initial call‑in

            When a Day Worker is required to report for work in accordance with (a), (b) or (c) above,            he shall receive one (1) additional Call Time payment if the initial call‑in was to perform     emergency work and he is then required to perform any work other than that which necessitated the call‑in.

 

 

Section 2:  Payment

(a)        The employee shall receive a minimum payment of four (4) straight time hours' pay including payment for Call Time and time worked, but not the payment provided in Section 1(d).

 

(b)       Not more than one (1) basis shall be used to cover the same period of work except as provided in Section 1(d).

 

(c)        The Call Time payment will not be added to or paid in lieu of allowances payable under Articles VI, VIII and X.

 

 

ARTICLE X ‑ FOURDRINIER WIRE ALLOWANCE

            Tour workers called to put on Fourdrinier Wires at a time other than their regular tour and are dismissed before their tour is scheduled to begin shall be paid for the time worked plus three (3) hours but not less than a total of six (6) hours on any one wire.

 

            If Tour workers are called to put on a Fourdrinier Wire before their shift is scheduled to begin and work through into their regular shift, they shall be paid for the time worked plus three (3) hours.  If Tour workers are asked to remain after their shift is scheduled to end, to put on a Fourdrinier Wire, they shall be paid for the time worked plus three (3) hours.  

ARTICLE XI ‑ VACATIONS

Section l:  Entitlement

Subject to the requirements of this Article, every employee is entitled to a vacation and vacation pay as follows:

An employee who is on the payroll on May 1st, who has been continuously employed during the qualifying period, and who has	Length of Vacation	Vacation Pay, greater of: % of the total wages earned by the employee during the preceding vacation period.	being the    ) or hours ) pay at the ) hourly ) rate of the ) employee’s ) regular job.
(A)  been employed for less than one year and does not qualify under (B) below:	1/4 day for each 40 hours of actual work performed during the preceding vacation period provided no vacation of less than one day will be granted.	4-l/2% or NIL hours
(B)  been employed for less than one year but has worked not less than l500 hours during the preceding vacation period                      or been employed for not less than one year and who has worked not less than 1200 hours during the preceding vacation period.  The following hours will count as hours worked for the purpose of qualifying for a vacation:  Vacations; Statutory Holidays; Special (Personal) & Supplementary Special (Personal) Floating Holidays; Jury or Witness Duty; Bereavement Leave; Contractual Steam Plant, Apprenticeship and First Aid Leaves; Banked Days Off and Days Off in lieu of work performed on a Statutory Holiday;	2 weeks	4-l/2%        or 80 hours
(C) qualified for his 2nd vacation under this agreement;	3 weeks	6-1/2%      or 120 hours
(D) qualified for his 7th vacation under this agreement	4 weeks	8-1/2%     or 160 hours
(E) qualified for his  14th vacation under this agreement	5 weeks	10-1/2%   or 200 hours
(F)  qualified for his  23rd vacation under this Agreement	6 weeks	12-1/2%     or 240 hours
(G) qualified for his  29th  vacation under this Agreement	7 weeks	14-1/2%     or 280 hours

 

Section 2:  Additional Pay

            In addition to the vacation pay to which an employee is entitled under Section 1 above, each employee shall, on qualifying for vacation under categories (B), (C), (D), (E), (F) and (G) above, be entitled to an additional amount of vacation pay equivalent to ten (10) hours' pay at the hourly rate of the employee's regular job in respect of the first week of his vacation.

 

Section 3:  Payment on Termination

            In the event an employee's employment terminates either before he becomes entitled to a vacation with pay, or, being entitled to it, before he takes it, he shall be paid on termination 4‑1/2%, 6‑1/2%, 8‑1/2%, 10‑1/2%, 12‑1/2% or 14‑1/2% (depending on whether he belongs in the category of employees described in (A) or (B), (C), (D), (E), (F) or (G) above respectively) of his wages earned during the period of employment ending with his termination in respect of which no vacation or vacation pay to which he remains entitled has been paid or taken.

 

Section 4:  General Rules

(a)        The vacation period is May 1 to April 30.

 

(b)       Vacations with pay provided in accordance with Section 1 above for employees in category (A) may not be counted when determining whether an employee has qualified for the vacations provided under Section 1 for employees in categories (C), (D), (E), (F) or (G).

 

(c)        Vacations with pay are not cumulative and must be taken during the vacation period except as provided below:

 

            1)                     Vacations earned under Section 4(d)

 

            2)         i)          At the start of the vacation year, employees may elect to receive all, or part  or none of their vacation pay in advance in full weekly increments.

                        ii)         Employees shall have the option at any time during the vacation year to bank paid vacation entitlement in excess of the statutory minimum to a maximum of 2 weeks per year for which the vacation pay in advance has not been paid.  Employees may accumulate a maximum of 6 weeks vacation in the bank.

                        iii)        Banked vacations must be taken prior to retirement and will be paid at the employee's current rate of vacation pay at the time when taking the banked vacation off.

 

 

(d)       A vacation with pay provided under Section 1 for employees in category (A) may be taken during the vacation period in which the entitlement thereto is established, or during the next following vacation period.

 

(e)        No employee may continue to work and draw vacation pay in lieu of taking the vacation.  Vacation pay shall be paid employees, upon request, within fourteen (14) days after May 1st.

 

(f)     The allocation of vacation times is to be decided by the Company. However, the Company

will endeavor by discussion with the employees or the Union, to arrange vacations to suit the employees' wishes.

 

(g)        Time lost as a result of an accident recognized as compensable by WorkSafeBC, suffered during the course of employment with the Company shall be considered as time worked for the purpose of calculating entitlement upon return to work.

 

(h)       Time not exceeding one (1) year, lost as the result of a non‑occupational accident, illness or approved maternity leave, shall be considered as time worked for the purpose of qualifying for vacation provided, at the time of the accident or illness or commencement of maternity leave, the employee has been on the payroll for not less than one (1) year and returns to employment.  It is understood that the employer may require that the employee provide a certificate from a qualified medical practitioner.  Time exceeding one (1) year shall be recognized as uninterrupted service for the purpose of establishing vacation time off, upon return to work.

 

(i)         Time lost as the result of layoff shall not be considered as time worked for the purpose of qualifying for a vacation.

 

(j)      Time on Leave of Absence for union business duly approved by the employer in writing shall be considered as uninterrupted service for the purpose of establishing vacation time off, during the year of his absence as well as in ensuing years.

 

            Vacation pay will apply as follows:

            (i) For the period of the person's absence while in the employ of the Union, the Union will            be responsible for payment of all vacation credits due to the employee.

 

            (ii) On return to active regular employment, the employee shall receive vacation pay equal             to the appropriate percentage of the total wages earned by the employee while actively    employed by the Company during the vacation year.

 

            (iii) Subsequent vacation pay will be paid on the basis that Company service was   uninterrupted.

 

(k)       Employees will be allowed to take vacations on a tour basis.

 

(l)         An employee, who has not taken his full vacation entitlement and who is precluded from doing so before the end of the vacation year by reason of sickness or injury, may defer unused vacation time into the next vacation year.  Such deferred vacation time must be taken at a time to be decided by the Company which will endeavour by discussion with the employee to arrange the deferred vacation to suit the employee's wishes.  Pay for such deferred vacation shall be the same as if taken in the original vacation year.

 

Section 5:  Computation of Vacation Pay

            Where an employee's vacation pay for the current year is to be computed as a percentage of his "total wages earned" in the previous year, such "total wages earned" shall include the amount of vacation pay the employee received in the previous year.

 

 

ARTICLE XII ‑ STATUTORY HOLIDAYS

 

Section l:  Recognized Days

            The following shall be the recognized Statutory Holidays:

 

            New Year's Day:         40 hours, 4:00 p.m. December 31 to 8:00 a.m. January 2

            Easter Monday:           24 hours, 8:00 a.m. Monday to 8:00 a.m. Tuesday

            Canada Day:                24 hours, 8:00 a.m. July 1 to 8:00 a.m. July 2

            Labour Day:                24 hours, 8:00 a.m. Monday to 8:00 a.m. Tuesday

            Christmas Eve:            24 hours, 8:00 a.m. December 24 to 8:00 a.m. December 25

            Christmas Day:           24 hours, 8:00 a.m. December 25 to 8:00 a.m. December 26

            Boxing Day:                24 hours, 8:00 a.m. December 26 to 8:00 a.m. December 27

 

Section 2:  Adjustment in Hours

            The hours of commencing and ending, specified above, may be varied by mutual agreement of the Company and the Union Standing Committee and the specified hour of commencing or ending will be adjusted to coincide with the regular hours for changing shifts.

 

            In the event that Canada Day falls on Sunday, the following Monday will be observed and the specified hours correspondingly changed.

 

Section 3:  Holiday Work

(a)        The Company will provide the Union with not less than thirty (30) days’ notice of the general scope of operating and/or maintenance plans on statutory holidays.  Unanticipated weather conditions or maintenance requirements may alter those plans.

 

Superseded by Letter of Understanding #11 JLA

 

(b)       On Christmas Eve, Christmas Day and Boxing Day, operational and maintenance manning required will be identified on a schedule crew basis.  Any employee who wishes to be excused from working on a particular statutory holiday will be accommodated provided a request for leave is requested seven (7) days in advance of the statutory holiday and provided that a trained volunteer can be found to replace him for the shift.  If no trained volunteer is found, the employee will be required to work the shift.

 

(c)        Employees who work at Christmas shall be paid double time for work during that period identified in Clause (b).

 

(d)      An employee shall have the option of taking equivalent time off if a statutory holiday falls on a regular day off.     

 

Section 4: Pay for Holiday Work

(a)        Overtime shall be paid for all work performed during holidays at the rates hereinafter specified.

 

(b)       An employee who works on such a holiday shall receive equal time off with pay at his straight time hourly rate.  Such time off shall be treated in the same manner as a Special (Personal) Floating Holiday.  Employees who work Easter Monday will have until December 31^st of the same calendar year to take this time off.

 

(c)        The time off and pay provided in (b) above replaces any time off and pay provisions in respect of the same statutory holiday work under current  local arrangements.

 

Section 5:  Qualifying Conditions

            In addition to any other compensation earned, any employee who is on the payroll of the Company on any of the foregoing recognized statutory holidays will be granted eight (8) hours' pay at the straight time rate of the employee's regular job, subject to compliance with all of the conditions (a) to (f) set forth below:

 

(a)        The employee must have been on the payroll for not less than the sixty (60) days just preceding the holiday and must have previously qualified for a statutory holiday as provided in (d) below, and

 

(b)       The employee must have worked at least one (1) day during the sixty (60)‑day qualifying period just preceding the holiday, and

 

(c)        The employee must have worked his scheduled work day before, and his scheduled work day after, such holiday, unless failure to work his scheduled work day before or after the holiday was due to any of the following events:

 

            (i) When the employee is on his regular authorized paid vacation;

 

            (ii) When the employee is unable to work by reason of an industrial accident as recognized            by WorkSafe BC or non‑occupational sickness or injury;

 

Note:  WorkSafeBC and WI will not pay for Statutory Holiday if already paid by the

           Company.

 

            (iii) When the operation in which the employee is engaged is curtailed or discontinued by the decision of the Company and which curtailment or discontinuance changes or eliminates    the employee's scheduled work day before, or his scheduled work day after, such holiday;

 

            (iv) When a trade in shifts agreed upon between employees and approved in advance by the         Company results in a temporary change of the scheduled work day before, or the scheduled work day after, the holiday, provided the employee works the shift agreed upon;

 

            (v) When the employee is on a leave of absence authorized by the Company.

 

(d)       The employee who has been on the payroll for at least sixty (60) days but who has not previously qualified for a statutory holiday will qualify for the holiday if he has worked a minimum of one hundred eighty (180) hours during the sixty (60)‑day qualifying period just preceding the

holiday and meets the requirements of (b) and (c) above.

 

(e)        Time lost as the result of an accident as recognized by WorkSafe BC, suffered during the course of employment, or time lost  as a result of non‑occupational sickness or injury shall be considered as time worked for the purpose of qualifying for a recognized paid holiday, it being understood that the employee will only be entitled to this credit for time while on Workers' Compensation or non‑occupational sickness or injury for a period of up to but not exceeding one (1) year from the date of his sickness or injury.

 

(f)        It is understood and agreed, however, that an employee shall not receive the above provided holiday pay if he has agreed to work on such holiday and fails or refuses to work, except in the case where bona fide sickness, or other bona fide reason approved by the Company, prevents his working on such holiday.

 

 

ARTICLE XIII ‑ SPECIAL (PERSONAL) FLOATING HOLIDAYS

 

Section 1:  Floating Holidays

            There shall be granted annually five (5) Special (Personal) Floating Holidays with pay to regular full‑time employees, such special holidays to be arranged at a time suitable to the employee and the Company, during the contract year, so that there will be no loss of production.  Tour workers on Schedule 1 CWW Schedule will receive twelve (12) hour pay for Personal Floating Holidays.

 

            Employees who work twelve (12) hour shifts on a relief basis will become eligible for twelve (12) hour personal floating holidays based on the number of twelve (12) hours shift worked during the contract year.

 

            Relief employees will begin the contract year with a credit of forty (40) hours in their personal floating holiday bank.  For every thirty (30) twelve hour shifts worked, an additional four (4) hours will be added to this bank to a maximum of twenty (20) additional hours, or sixty (60) hours in total.  The employee would still only be eligible for five (5) floating holidays and would schedule them as per normal practice.  If the employee has hours remaining in the bank after taking his/her (5) floaters, these excess hours will be converted to banked time and placed in his personal banked time hour bank.

 

Section 2:  Qualifying Conditions

            For each Special (Personal) Floating Holiday taken an employee will be granted eight (8) or twelve (12) hours' pay on the straight time rate of the employee's regular job subject to the following:

 

(a)        A new employee must have been on the payroll for not less than ninety (90) days to qualify for his first Special (Personal) Floating Holiday and on the payroll for one hundred eighty (180) days to qualify for his second, third, fourth and fifth Special (Personal) Floating Holidays.

 

(b)       Employees will not qualify for Special (Personal) Floating Holidays if on leave of absence of more than nine (9) months in the contract year except in the case of sickness or injury.

 

(c)        If an employee is required to work on any of these Special (Personal) Floating Holidays, after a definite date has been designated for such holidays, the employee shall be paid overtime for such work at the rate of time and one‑half.  The employee will then be entitled to take said holiday or holidays with pay at a later date to be mutually agreed upon.

 

(d)       When the holiday is requested in writing seven (7) days in advance, the payment of overtime shall not be a factor in granting of Personal Floating Holidays.  The employee shall receive written notice of the disposition of his request a minimum of seventy‑two (72) hours prior to the requested Personal Floating Holiday.

 

 

ARTICLE XIV ‑ SUPPLEMENTARY SPECIAL (PERSONAL) FLOATING HOLIDAYS

 

Section 1:  Five‑Year Service

            After completing five (5) years of continuous service with the Company, an employee shall, in addition to the Special (Personal) Floating Holidays to which he is entitled under Article XIII of the Agreement, be entitled to one (1) Special (Personal) Floating Holiday with pay each contract year, such special holiday to be arranged at a time suitable to the employee and the Company, during the contract year, so that there will be no loss of production.

 

            An employee may elect to take his Supplementary Special (Personal) Floating Holidays as a vacation after completing five (5) years of continuous service with the Company.  If an employee wishes to elect this option, he must advise the Company in writing of his election in advance for that five (5) year period.  If an employee elects to take his Supplementary Special (Personal) Floating Holidays as a vacation, it may be taken in conjunction with the regular vacation to which the employee is entitled provided such regular vacation is not scheduled to be taken during the months of July or August, in which event the Supplementary Vacation shall be taken at a time to be agreed upon by the Company and the employee.

 

Transition

            An employee, who has taken single days as Supplementary Special (Personal) Floating Holidays under previous Joint Labour Agreements within his current five (5) year entitlement period, will receive Supplementary Vacation proportionate to his remaining entitlement within that period.

 

Section 2:  Ten‑Year Service

            After completing ten (10) years of continuous service with the Company, an employee shall, in addition to the Special (Personal) Floating Holidays to which he is entitled under Article XIII of the Agreement, be entitled to two (2) Special (Personal) Floating Holidays with pay each contract year, such special holidays to be arranged at a time suitable to the employee and the Company, during the contract year, so that there will be no loss of production.

 

            An employee may elect to take his Supplementary Special (Personal) Floating Holidays as a vacation after completing ten (10) years of continuous service with the Company, and again on his fifteenth (15) ‑year of continuous service with the Company.  If the employee wishes to elect this option, he must advise the Company in writing of his election in advance for that five (5) year period.

 

            If an employee elects to take his Supplementary Special (Personal) Floating Holidays as a vacation, it may be taken in conjunction with the regular vacation to which the employee is entitled provided such regular vacation is not scheduled to be taken during the months of July or August, in which event the Supplementary Vacation shall be taken at a time to be agreed upon by the Company and the employee.

 

Transition

            An employee, who has taken single days as Supplementary Special (Personal) Floating Holidays under previous Joint Labour Agreements within his current five (5) ‑year entitlement period, will receive Supplementary Vacation proportionate to his remaining entitlement within that period.

 

Section 3:  Twenty‑Year Service

(a)        After completing twenty (20) years of continuous service, employees shall be granted three (3) Special (Personal) Floating Holidays; after completing thirty (30) years of continuous service, employees shall be granted four (4) Special (Personal) Floating Holidays, and after completing forty (40) years of continuous service employees shall be granted five (5) Special (Personal) Floating Holidays, each contract year.

 

(b)       After completing twenty (20) years of continuous service an employee may elect to take his Supplementary Special Floating Holidays in one, two, three, four or five‑week periods, depending on entitlement.  In order to do so the employee must advise the Company in writing of his election in advance for each five (5) ‑year period.  He will be immediately entitled at the start of each five (5)‑year period to the number of days that would normally accrue to his credit during the said five (5)‑year period.  If an employee elects to take his Supplementary Special Floating Holidays in full week periods they may be taken in conjunction with the regular vacation to which the employee is entitled provided such regular vacation is not scheduled to be taken during the months of July or August, in which event the Supplementary Holiday shall be taken at a time to be agreed upon by the Company and the employee.

 

Section 4:  Rate for Holiday Work

            If an employee is required to work on the special holidays provided under Section 1, 2 and 3 above, after a definite date has been designated for such holidays, the employee shall be paid overtime for such work at the rate specified in the Agreement.

 

Section 5:  Holiday Pay

            In addition to any other compensation earned, an employee entitled to the special holidays provided under Sections 1, 2 and 3 above will be granted eight (8) hours' pay on the straight time rate of his regular job for each such holiday.

 

Section 6:  Credit for Time Lost

            Time lost as the result of an accident as recognized by WorkSafe BC, suffered during the course of employment, shall be considered as time worked for the purpose of qualifying for the special holidays provided under Sections 1, 2 and 3 above, it being understood that the employee will only be entitled to this credit for time while on Workers' Compensation for a period of up to but not exceeding one (1) year from the date of his accident or injury.

 

Section 7:  Service Period

            For the purpose of determining eligibility for the special holidays provided under Sections 1, 2 and 3 above, an employee's service shall be calculated from the date of his joining the Company.

 

Section 8:  Partial Entitlement

            At retirement or termination from the Company, an employee shall be entitled to pay for Supplementary Special (Personal) Floating Holidays earned by completion of one or more five (5) year periods of service, but not taken, and to that portion of Supplementary Special (Personal) Floating Holiday pay proportionate to the number of years of service completed subsequent to his last five (5) year entitlement period.

 

 

ARTICLE XV ‑ WELFARE PLAN

 

Section 1:  Plan

            It is agreed that a Health and Welfare Plan will be established based on the principles set out in this Article and Exhibit "B".

 

Section 2: Board of Trustees

            A Board of Trustees will be constituted composed of two (2) members representing the Pulp, Paper and Woodworkers of Canada and two (2) members representing the companies, who are members of the Health and Welfare Plan, are to be responsible for the selection of the underwriter or underwriters and the administration of the Plan.

 

Section 3: Interpretation

The Board of Trustees will decide all questions arising on matters of operation, administration and interpretation of the Plan and their decision will be binding on both parties.

 

Section 4: Umpire

            Where a dispute is unresolvable by the Board of Trustees, it shall be submitted to an umpire whose decision will be binding on both parties.  The umpire shall be mutually acceptable and be experienced in the group insurance field.

 

            Notwithstanding the above, an umpire shall not decide on matters affecting the overall cost of the Plan and benefits it provides, nor is he empowered to deal with matters properly handled through the Adjustment of Complaints Procedure of this agreement, or matters that are properly dealt with through collective bargaining.

 

            Should any conflict arise between the terms of the contract or contracts issued by the underwriter or under‑writers and the terms of the Plan, the terms of the Plan shall prevail.

 

Section 5: Portability

            The Plan will be on an industry basis and coverage will be portable in all units covered by Industry Labour Agreements.  There will be no further waiting period for qualified employees changing employers within those covered by the joint industry plan.

 

ARTICLE XVI ‑ PENSION PLAN

 

Section 1: The Plan

            The Company agrees to contribute to a Pension Plan which will be established pursuant to the general principles set forth in the Pension Plan Summary dated December 6, 1975 and revised effective January 1, 1997.

           

Section 2:  Contributions

            The Company contribution level will remain at 10% for the duration of the agreement.  Employee contributions will remain at 8% for the duration of the agreement.

           

Section 3:  Board of Trustees

            A Board of Trustees will be established pursuant to the Pension Plan Summary dated December 6, 1975, to administer the said Plan.  Effective May 1, 2003, the Board will consist of three (3) elected trustees of the PPWC, three (3) appointed trustees of the CEP and three (3) appointed trustees of the member employers.

 

Section 4:  Pension Bridging

            Bridging is paid directly by the Company to employees aged 60 or older who opt to retire early. 

 

1.     Effective May 1, 1997 the Company will provide a bridging supplement of $20/month/year of service.  The bridging will not be payable beyond age 65.

2.     That subject to the foregoing amendment, the term annuity benefit is to be renewed.

3.     Effective August 30, 2008 an employee who chooses to retire at age fifty-five (55) or later shall have access to the bridging benefit paid by the company when they reach age sixty (60).

 

Section 5:  Pension Plan - Banked Overtime Hours

            Effective January 1, 1997, the employer agrees to submit a letter to the Pension Plan trustees recommending that banked overtime earned, when taken off the following calendar year, will be treated in a like manner to banked overtime hours taken off earned before the employee reached the 2080 hour cutoff.

 

Section 6:  Pre-retirement

            The Company will implement a pre-retirement counseling program.

 

 

 

 

ARTICLE XVII ‑ SENIORITY

 

Section 1:  Principles

(a)        The Company recognizes the principles of seniority in their application to the promotion, demotion, transfer, lay‑off and recall and permanent movement from day to shift positions of an employee, providing the employee has the qualifications and ability to perform the work.

 

            In cases of permanent job transfers, it is not the company's intent to give a junior employee preference over a senior employee on the basis that he has acquired experience by providing relief.

 

            If an employee is moved out of a line of progression for any reason, the employer will not require re-testing of the employee for him to return to that specific line of progression.  No employee will be removed from the mill as the result of unilateral testing by the employer.

 

(b)       The Company and the Union recognize that it is desirable to reduce the effect of layoffs on employees and at the same time continue to recognize mill seniority, job qualifications and the role of lines of progression, job seniority and departmental seniority.

 

(c)        Arrangements to implement the above principles will be discussed by the Company and the Local Union.

 

Section 2:  Job Postings

(a)        Where job postings are required, they will be posted on the notice boards for a period of not less than two weeks.

 

(b)    Employees who may be absent from the mill by reason of Weekly Indemnity, WorkSafe BC., L.T.D. or  vacations should advise Human Resources of their wish to be notified of any job postings.

 

(c)     Refer to Bull Session Letter of Understanding # 28.

 

 

Section 3:  Probationary Period

            Until an employee has been on the payroll of the Company for forty-five (45) calendar days, or until he has accumulated thirty (30) working days in a ninety (90) calendar day period, he shall be considered a probationary employee and shall have no rights under Article XVII with respect to seniority.

 

Section 4:  Retention of Seniority

(a)        Any employee, other than a probationary employee, whose employment ceases through no fault of his own, shall retain seniority and shall be recalled on the following bases:

(i) An employee with less than one year's continuous service shall retain these rights for six (6) months from the date of lay‑off.

 

(ii) An employee with one or more year's continuous service shall retain these rights for twelve (12) months from the date of lay‑off, plus two (2) additional months for each year's service up to an additional twenty-four (24) months.

 

(b)       Failure of the employee to report for work within one (1) week of notice by registered mail at his last address reported to and received by the mill shall result in his termination of employment with the Company.  Bona fide reasons for failure to report shall not deprive an employee of his recall rights.

 

Section 5:  Training

            To facilitate laid off employees exercising their mill seniority, the following training will be provided:

 

(a)        Up to one (l) day where the layoff is estimated to be in excess of 10 days;

 

(b)       Up to two (2) days where the layoff is estimated to be in excess of 21 days;

 

(c)        Up to five (5) days where the layoff is estimated to be in excess of thirty‑five (35) days;

 

(d)       Where the layoff is estimated to be in excess of ninety (90) days the Company will discuss with the Local Union training provisions of up to fifteen (15) days;

 

(e)      Where a layoff results from a permanent partial plant closure or a temporary closure in excess of one hundred eighty (180) days, the Company will participate in a program of training or retraining for another job within the operations to facilitate the exercising of mill seniority, recognizing there will be limitations where special qualifications are required.  Phasing in arrangements to implement the program will be discussed by the company and the Company and the Local Union and shall not exceed three (3) months from the date of closure.

 

Section 6:  Lay‑off and Vacation Entitlement

            Time on lay‑off shall not be considered as time worked for the purpose of qualifying for vacation pay or holiday pay.

 

Section 7:  Welfare Coverage

(a)        An employee with one (1) or more year's seniority may have his welfare coverage continued for six (6) months while on layoff.

 

(b)       An employee with more than four (4) months but less than one (1) year's seniority may have his welfare coverage continued for three (3) months while on lay‑off.

 

(c)        An employee who elects to maintain coverage while laid off will be required to pay the employee portion of the premium in advance on a monthly basis.

 

(d)       An employee who has welfare coverage as provided for in paragraphs (a) and (b) above will on return to work have his welfare coverage extended by one month for each month in which he works.

 

(e)        An employee whose welfare coverage under paragraphs (a) and (b) above has expired will on return to work be eligible for coverage for the period of his employment.

 

(f)        An employee will qualify for a new period of welfare coverage as provided in paragraphs (a) and (b) above if he returns to work for at least ten (10) days within a floating period of thirty (30) consecutive days.

 

 

ARTICLE XVIII ‑ LEAVE OF ABSENCE

 

Section 1:  Union and Public Office

            The Company agrees that it is proper to grant leave to employees who have been elected or appointed to office in the Union, or who have been nominated, elected or appointed to Federal, Provincial,  Municipal or Aboriginal office.  However, it is not the intention of the Company to grant lifetime leaves of absence.

 

            An employee appointed or elected to full‑time office in his union, or to Federal, Provincial, Municipal, or Aboriginal office, shall be granted as much leave as is necessary during the term of such office.

 

            Seniority shall accumulate during the period of an employee's leave of absence.

 

Section 2:  Bereavement Leave

(a)        When death occurs to a member of a regular full‑time employee's immediate family, the employee will be granted an appropriate leave of absence and he shall be compensated at his regular straight time hourly rate for hours lost from his regular schedule for a maximum of three (3) days.

 

(b)      Members of the employee's immediate family are defined as the employee's spouse, mother, father, brothers, sisters, sons, daughters, step‑children, mother‑in‑law, father‑in‑law, son‑in‑law, daughter‑in‑law, step‑parents, grandparents and grandchildren. (Effective August 30, 2008 employee’s immediate family for bereavement leave purposes shall include their spouses’ siblings)

 

(c)        Compensable hours under the terms of the section will be counted as hours worked for the purpose of qualifying for vacations and for recognized paid holidays, but will not be counted as hours worked for the purpose of computing overtime.

 

Section 3:  Jury or Witness Duty

(a)        Wage Compensation

            Any regular, full‑time employee who is required to report for Jury Selection, Jury Duty, Coroner’s Inquest, or who is subpoenaed to serve as a witness in a court action, save and except actions involving the Company or Trade Unions, unless subpoenaed by the Crown, on a day when he would normally have worked, will be reimbursed by the Company for the difference between the pay received in such duty and his regular straight time hourly rate of pay for his regularly scheduled hours of work necessarily lost.  It is understood that employees will be reimbursed by the Company for the difference between the pay received for such duty and his straight time rate of pay for his regularly scheduled hours of work in that week.  The employee will be required to furnish proof of performing such service and such duty pay received.

 

(b)       Holidays and Overtime

            Hours paid for such duty will be counted as hours worked for the purpose of qualifying for vacations and for recognized paid holidays, but will not be counted for hours worked for the purpose of computing overtime.

 

Section 4:  Steam Plant Leave

            Steam Plant personnel shall be granted leave in accordance with the provisions of Exhibit "D" (Steam Plant Vocational Leave) for the purpose of attending vocational school.

 

Section 5:  Pregnancy/Parental Leave

            The Company will adhere to the British Columbia Employment Standards Act.

 

Section 6:  Other Leave

            Granting of leave is a matter between the employees and the mill management.  The Company will consider length of service and will endeavor to arrange leave of absence to suit the employee's wishes.  Employees with ten (10) or more year’s service will be given special consideration.

 

Section 7:  Time of Application

            An application for leave of absence shall be made by the employee as far in advance of the date requested as is reasonably possible under the circumstances.

 

 

ARTICLE XIX ‑ ENVIRONMENTAL COMMITTEE

 

            The Company agrees to establish a Joint Labour/Management Environmental Committee to review environmental issues at the Pulp Mill.  The Committee will consist of two elected Union representatives and two management representatives.  They will meet on a quarterly basis.

 

            The purpose of the committee will be to receive information, review problem areas and make appropriate suggestions regarding compliance.

 

 

ARTICLE XX ‑ JOB SECURITY

 

Section 1:  Objective

            In view of the interest and concern by the parties in the impact on manpower and conditions of employment resulting from mechanization, technological changes and automation, it is recommended that the parties utilize to the best advantage of the Company and the employees all scientific improvements.

 

Section 2:  Definition

            Technological change, which term shall include automation, mechanization and process change, or cumulative changes brought on by technology, means the introduction of equipment or material of a different nature or kind than that previously utilized, or a change in the operation that is directly related to the introduction of that equipment or material.

 

Section 3:  Joint Committee

            A joint Committee on automation will be established which shall consist of three (3) persons representing the Company and three (3) persons representing the Union.  It shall be the function of the committee to study the effect of mechanization, technological changes and automation on employment in the mill to make such recommendations as are agreed upon, to the mill manager, to ensure that the interests of the Company and of the employees are fairly and effectively protected.

 

Section 4:  Required Notice

            The Company will advise the appropriate committee or committees as soon as possible and in any case not less than one hundred eighty (180) days before the introduction thereof, of mechanization, technological changes and/or automation which the Company has decided to introduce and which will result in terminations or other significant changes in the employment status of employees.

 

            The Company will advise the appropriate committee or committees as soon as possible and in any case not less than thirty (30) days before the expected date of the change of the anticipated time sequence of final installation and production start‑up and the anticipated effect on the job status of individual employees.

 

Section 5:  Seniority Status

(a)        In the event that it is necessary, crews will be reduced in accordance with Article XVII ‑ Seniority.

 

(b)       An employee who is set back to a lower paid job because of mechanization, technological change or automation will receive the rate of his regular job at the time of the set‑back for a period of six (6) months, and for a further period of six (6) months he will be paid an adjusted rate which will be midway between the rate of his regular job at the time of the set‑back and the rate of his new regular job.  At the end of this twelve (12) month period, the rate of his new regular job will apply.  However, such employee will have the option of terminating his employment and accepting severance pay as outlined in Section 6(a) below, provided he exercises this option within the initial six (6) month period referred to above.

 

(c)        An employee assigned to an equal or higher rated job because of mechanization, technological change or automation will have the option of terminating his employment and accepting severance pay as outlined in Section 6(a) below if the job should be proved to be unsuitable, provided he exercises his option within six (6) months of starting on the job.

 

            In case of a dispute concerning suitability of the job, the employee may process a grievance.

 

Section 6:  Severance Allowance

(a)        An employee with one (1) or more years of continuous service for whom no job is available because of mechanization, technological change or automation will, upon termination, receive a severance allowance calculated by one of the two following methods based on the last period of continuous service, it being the choice of the affected employee as to which of such methods of calculation is used:

 

            Years of Employment                         Severance Allowances

 

                                                                        Weeks/Yr.       or         % of Earnings

            1^st Twenty (20) Years                         Two (2) weeks                           4%

            Subsequent Years                               One (1) week                 2%

 

            MAXIMUM SEVERANCE

            ALLOWANCE                                  *52 weeks                   2080 hours

 

            *Computed on the basis of forty (40) straight time hours at the employee's regular rate.

           

For employees with a minimum of one (l) years' employment during their last period of continuous service, severance allowance shall not be less than four (4) weeks' pay.

 

Where and employee renounces the right of recall during this period, the employee will be terminated and his severance allowance paid forthwith with all seniority and recall rights being forfeited.

           

At the time of separation the employee shall have the option of receiving his severance allowance on termination, or he may elect to have his severance allowance held in abeyance for up to one year from the date of termination.  He may apply in writing at any time during the year, at which time his full severance allowance will be paid forthwith.

 

            No payment will be made under this section in cases where the employee has already qualified under Article XXII, Section 5, Job Elimination, or under Article XXI, Section 2, Permanent Mill Closure.

 

Employees will have their welfare coverage continued for the current month plus two (2) additional months from their date of termination.

 

(b)       In the event that downsizing occurs under this article, the Company undertakes to discuss the application of severance pay provisions with the Union.

 

(c)      Such employees for whom no employment is available will be given at least thirty (30) days' notice of separation.

 

Section 7:  Training

            The Company agrees to participate in a program of training or retraining for another job within the operation for those employees who are displaced under the circumstances set forth herein.

 

 

ARTICLE XXI ‑ PERMANENT MILL CLOSURE

 

Section 1:  Notice

            An employee terminated as a result of a permanent planned closure of the mill shall be given a minimum of sixty (60) days' notice of closure.

 

Section 2:  Severance Allowance

            Severance allowance will be calculated as follows:

 

            Computed on the basis of forty (40) straight time hours at the employee’s regular rate.

 

For employees with a minimum of one (1) years’ employment during their last period of continuous service, severance allowance shall not be less than four (4) weeks’ pay.

 

            Two (2) weeks’ pay per year of service to a maximum of sixty (60) weeks.

 

No payment will be made under this section in cases where the employee has already qualified under Article XX, Section 6, Job Security, or under Article XXII, Section 5, Job Elimination.

 

Employees will have their welfare coverage continued for the current month plus two (2) additional months from their date of termination.

 

 

ARTICLE XXII ‑ JOB ELIMINATION

 

Section 1:  Definition

            Job elimination means permanent loss of employment as the result of Company decisions to eliminate positions, excluding those in section 2 below.

 

Section 2:  Exclusions

            No payment will be made under Section 5 in cases:

 

            (a)        of curtailments of a temporary or indefinite duration,

 

            (b)        of employees hired for work of known or temporary duration,

 

            (c)        where the employee has already qualified under technological change or permanent

                        mill closure provisions.

 

Section 3:  Notice

            The Company will advise the Standing Committee at least forty-five (45) days prior to such job elimination.  Crew reduction will be in accordance with Article XVII ‑ Seniority.

 

Section 4:  Elimination Options

(a)        An employee who qualifies under section 1 above may elect one of the following options:

 

(i)    Recall and seniority retention as per Article XVII ‑ Seniority, or

(ii)  Severance allowance as per section 5 below.

 

            Such employee must elect his option within thirty (30) days of notification that his loss of employment is permanent.  If Option (2) is selected, the employee will be deemed to have terminated effective the last day worked.  Where a temporary curtailment becomes permanent, severance eligibility will be determined by the status of the employee at the time of the temporary curtailment.

 

(b)       In the event that downsizing occurs under this article, the Company undertakes to discuss the application of the severance pay provisions with the Union.

 

Section 5:  Severance Allowance

            Severance allowance will be calculated by one of the two methods described in Article XX, Section 6, it being the choice of the affected employee as to which of such methods of calculation is used.

 

            Computed on the basis of forty (40) straight time hours at the employee's regular rate.

 

            For employees with a minimum of one (l) years' employment during their last period of continuous service, severance allowance shall not be less than four (4) weeks' pay.

 

            The severance allowance will not be more than the employee would normally receive if he remained at work at forty (40) hours per week to his normal retirement date.

 

            At the time of separation the employee shall have the option of receiving his severance allowance on termination, or he may elect to have his severance allowance held in abeyance for up to one (1) year from the date of termination.  He may apply in writing at any time during the year, at which time his full severance allowance will be paid forthwith.

           

No Payment will be made under Section 5 in cases:

a)      of curtailments of a temporary or indefinite duration, however curtailments in excess of one (1) year will allow employees the option of taking severance.

 

Employees will have their welfare coverage continued for the current month plus two (2) additional months from their date of termination.

 

 

ARTICLE XXIII ‑ CONTRACTING

(a)        The Company will notify the Union of their intention to have work performed by contractors in the mill, and will, emergencies excepted, afford the union the opportunity to review it with the Company prior to a final decision being made.  For this purpose, a Joint Contracting Committee will be established and it will be used as a forum to discuss the Company's contracting decisions.

 

            In keeping with a joint commitment of the Company and the Union to provide as much maintenance and repair work as possible to the regular maintenance workforce, the Committee will also meet quarterly to make recommendations regarding the utilization of the mill maintenance workforce to minimize the use of contractors, both inside and out of the mill.

 

(b)       The Company will not bring a contractor into the mill:

 

            (i) which directly results in the layoff of employees, or

 

            (ii) to do the job of employees on layoff, or

 

            (iii) to do the job of a displaced employee working outside of his job category.

 

(c)      It is not the intent of the company to replace its regular work force through the use of contract firms.

 

(d)      For clarity it is agreed that:

 

           (i) The changes which provide that, it is not the intent of the Company to replace its regular                     work force through the use of contract firms, will not set aside existing external work        arrangement and practices.

 

           (ii)  Working under the flexible work practice provisions does not mean that an employee has been displaced and is working outside his job category.

 

(e)        Notice of contracting form

           

            A standardized “intent to contract form” shall be utilized.

 

ARTICLE XXIV ‑ APPRENTICESHIP TRAINING PROGRAM

 

Section 1:  Training Program

            It is agreed that there shall be an Apprenticeship Training Program, the provisions of which are set forth in Exhibit "C", which is attached hereto and forms part of this Agreement.

 

 

Section 2:  Industry Training Authority (ITA)

            The ITA will set standards for trades training Programs in BC.

 

 

ARTICLE XXV ‑ COMPRESSED WORK WEEK

 

            The Company and Union recognize the concept of the compressed work week.  It is further understood that the compressed work week conditions will apply only to those departments that are on the compressed work week.

 

 

ARTICLE XXVI ‑ SAFETY

 

Section 1:  Principle

            Employees and the Company are to comply with established safety rules as amended by the Joint Safety Committees from time to time.  Employees will not be expected to operate with unsafe equipment or under unsafe working conditions.  Employees are expected to report immediately any unsafe equipment.  An employee who has reasonable cause to believe that an unsafe condition exists may refuse to work under such condition without being subject to discipline.

 

Section 2:  Joint Safety Committee

            The Union and the Company shall co‑operate in selecting a Safety Committee, which will meet at least once a month to consider all safety problems.

 

            The parties to this Joint Labour Agreement agree to cooperation and exchange of information with others in the Industry with respect to health studies.

 

Section 3:  Safety Education

            The Signatory Union undertakes to promote safety education among its members in an effort to overcome accidents.

 

Section 4: Joint Labour/Management Safety Conference

(1)        A joint labour/management Safety Conference of two (2) days will be held annually.

 

(2)        It shall be the basic principle of this conference to assist the delegates in the development of an effective safety program through the promotion and implementation of best practices for an effective safety program for each mill.

 

3)         To accomplish the implementation of an effective safety program in the mill, each Local Union shall have (2) delegates in attendance at the safety conference.  The (2) delegates shall be compensated by their respective employer for any loss of wages.  Travel and hotel expenses of the delegates shall not be paid by their respective employers.

 

(4)        A Senior Management representative shall attend the conference.  Senior company officials and representatives of WorkSafeBC will be encouraged to attend.  Additional delegates of either labour or management will be permitted to attend on an observer basis.

 

(5)        The agenda shall address issues that will promote occupational health and safety in their respective workplaces.  Agenda items shall be submitted to the respective representative no later than November 30^th prior to the conference.

 

(6)        The Planning Committee shall initially meet no later than one hundred and eighty (180) days prior to the established date of the conference and then schedule follow up meetings in accordance as required by the planning committee.

 

(7)        This Planning Committee shall be composed as follows:

 

            (a)        One (1) CEP Local Union member

            (b)        One (1) PPWC Local Union member

            (c)        One (1) CEP representative from the Regional Office

            (d)       One (1) PPWC representative from the National Office

            (e)        One (1) Employer representative from the employer group

            (f)        One (1) Industry representative

            (g)        One (1) Conference Facilitator

.

 

(8)        The Occupational Health and Safety Conference shall be funded on the basis of an industry contribution of three cents ($0.03) per employee per hour worked into a Jointly Trusted Occupational Health and Safety Conference Fund.

 

The funding shall provide that when the monies in the Joint Trusted Occupational Health and Safety Conference Fund reach Two Hundred Thousand Dollars ($200,000.00), the funding will be discontinued until the fund has been reduced to Fifty Thousand Dollars ($50,000.00).

 

The Jointly Trusted Fund will be used for the payment of wage loss for local Union planning committee attendees and conference expenses.

 

 

ARTICLE XXVII ‑ CAUSES FOR DISCIPLINARY ACTION

            The Company has the right to discipline or discharge employees for just and reasonable cause.  The disciplinary record of an employee, including letters of reprimand or warnings, shall not be used against him/her at any time after twelve (12) months.

 

            In cases involving suspension, the disciplinary notice will remain on the employee’s file for twenty-four (24) months and not used after that period, provided no other discipline has occurred during that time.

 

            The presence of a Union Shop Steward is mandatory at any meeting during which an employee is disciplined.

 

            For the purpose of this article, an information meeting will be deemed as any meeting prior to the commencement of the formal disciplinary procedure where information flowing from that meeting may be used against an employee at a later date.

 

            Before any information meeting commences, the employee will be informed, by the employer, that it is his right to have a Shop Steward present.  If, during the course of the meeting, the employee requests a Shop Steward, his/her request will be accommodated.

 

            It is also understood that the employer may request a Shop Steward to be present.

 

 

 

ARTICLE XXVIII ‑ ADJUSTMENT OF COMPLAINTS

 

Section 1:  Grievance Procedure

Step One ‑ Should there be any dispute or complaint as to the interpretation of any of the clauses of this Agreement, or any grievance arising out of the operation of this Agreement, except in cases of discharge or suspension, the employee shall continue to work as per the conditions existing prior to the time the dispute, complaint or grievance arose, and such dispute, complaint or grievance shall first be taken up with the foreman by the employee with or without the Shop Steward.

Any formal meeting to discuss a grievance shall be held in the presence of a shop steward

 

Step Two ‑ If no satisfactory settlement is made, the employee may, within thirty (30) days, refer the question to the Union Standing Committee.  Within three (3) days after written notification by either the Union or Company Standing Committee to the other of the existence and general outline of any dispute, complaint or grievance, the Company Standing Committee and the Union Standing Committee shall agree on a mutually satisfactory date for a meeting thereon, but in no case longer than five (5) days after such notice is given.  Subjects not listed on the written notice shall nevertheless be dealt with.

 

Step Three ‑ If the two (2) Standing Committees are unable to arrive at a satisfactory settlement within five (5) days, the question may, within thirty (30) days, be taken up directly with the Mill Manager.

 

Step Four ‑ If the Mill  Manager and  Union are unable to come to a satisfactory settlement within five (5) days, the question may, within thirty (30) days, be referred to an impartial Board of Arbitration.

 

            Where a grievance arising from the discharge of an employee progresses to arbitration either party may elect, in writing, to utilize the procedure outlined in Section 5 below as an alternative to the arbitration procedure set out in Section 4.

 

Section 2:  National Officer

            It is understood that in all discussions concerning grievances, any National Officer may accompany the Union Standing Committee in their meetings with Company officials.

 

Section 3:  Time Limit

(a)        In the event a grievance has not advanced to the next step within the time limit set forth in Section 1 above, then the grievance shall be deemed to be abandoned and all rights of recourse to the Adjustment of Complaints under this Agreement in respect of this grievance shall be at an end.

 

(b)        The time limit between steps may be extended by mutual consent.

 

Section 4:  Arbitration Procedure

(a)        The Company will have the right to select one (1) member of this Arbitration Board and the Union shall select one (1) member, then the two (2) arbitrators thus named will choose a third Arbitrator who shall act as Chairman.

 

(b)       After the Board of Arbitration has been chosen by the foregoing procedure this Board shall meet and hear evidence of both sides and render a decision within fifteen (15) days after they have concluded their hearings, said decision to be final and binding upon all parties to this Agreement.

 

(c)        In the case of discharge or suspension which the Board of Arbitration has determined to have been unjust, the Board shall order the reinstatement of the employee and shall award him back pay.  In the case of back pay, should there be any doubt in the opinion of the Board, the Board may order all or part back pay as it deems fit.

 

(d)       Should the parties be unable to agree on a third arbitrator, either party may request the Minister of Labour to appoint one.

 

(e)        The parties may agree to submit the grievance to a sole arbitrator.

 

Section 5:  Expedited Arbitration

(a)        A panel of six (6) arbitrators, each of whom shall be appointed for a two (2) ‑year term, shall be selected by mutual agreement.  Grievances processed under this section shall be assigned to the arbitrators on a rotational basis.

 

(b)       An arbitrator must meet and hear the evidence of both parties within fifteen (15) days after assignment.  If an arbitrator is unable to commit himself to do so, the grievance shall immediately be assigned to the next arbitrator in order of rotation.

 

(c)        The unavailability of counsel shall not be a reason to delay arbitration under this section.

 

(d)       The parties will endeavor to agree on a statement of material facts which may be submitted to the arbitrator in advance of the hearing.

 

(e)        The arbitrator will give his decision within one (1) week after the hearing.  The reasons need not be given at the same time as the decision.

 

(f)        The provisions of Section 4(c) as they apply to discharge, shall apply to this section.

 

Section 6:  Minutes

            Approved minutes of Standing Committee meetings shall be signed by the Company and the Union.  The Company agrees to post and distribute, in an expeditious manner, jointly signed and approved minutes.

 

Section 7:   Agreements

            Disputes arising under signed, local agreements, which are supplementary to the Joint Labour Agreement, shall be subject to the grievance procedure contained herein.

 

 

ARTICLE XXIX – PULP PRICE TRIGGER BONUS

 

            Deleted without prejudice.

 

ARTICLE XXX ‑ DURATION AND AMENDING PROCEDURE

 

Section 1:  Term of Agreement

            This Agreement shall be in effect from midnightApril 30, 2008 to midnightApril 30, 2012 and thereafter from year to year subject to the conditions as set out in Sections 2 to 5 which follow hereunder.

Section 2:  Labour Relations Code

            The parties agree that the operation of sub‑section (2) of Section 50(2) of the Labour Relations Code of British Columbia and Amendments thereto, is hereby excluded.

 

Section 3:  Notice of Re‑Opening

            This Agreement may be opened for collective bargaining as to changes as follows:  either party desiring any change shall mail to the other party notice in writing, by registered mail, on or after January 1, 2012 but in any event not later than midnight April 30, 2012 that a change is desired, and if no such notice is given by either party on or after the said January 1 and before the said April 30, the earliest time at which such notice may be given by either party is the corresponding period in the following year.  All notices given under the provisions of this section on behalf of the Union shall be given by the President (or Vice‑President) of the Union, and similarly notices on behalf of the Company shall be given by the President of the Company (or his representative).

 

Section 4:  Collective Bargaining

            If notice of desire for changes has been given in accordance with Section 3 above, the parties shall, as soon as agreeable to the parties following such date of notice, meet for collective bargaining, the Company being represented in such negotiations by a Bargaining Committee appointed by the Company, and the Union being represented by a Bargaining Committee selected by said Union.  Any agreement on changes arrived at and approved in such negotiations shall be binding upon the parties to this Agreement.  If such negotiations cannot be completed prior to the May 1 following the date on which such notice was given, any changes in compensation to employees shall nevertheless be retroactive to the said May 1.

 

Section 5:  Termination

            In case negotiations conducted in accordance with Section 4 break down, either party may terminate this Agreement upon the expiration of ten (10) days' notice in writing mailed by registered mail to the other party.

 

IN WITNESS WHEREOF, WE, THE UNDERSIGNED HAVE HEREUNTO SET OUR SIGNATURES AT SKOOKUMCHUCK, BRITISH COLUMBIA ON _______________________________________, 2008.

 

FOR THE P.P.W.C. LOCAL 15                 FOR TEMBEC,

                                                                        SKOOKUMCHUCK PULP OPERATIONS

 

 _______________________________         ________________________________________

Ron Christensen                                              Marc Tremblay

_______________________________          ________________________________________

Rob Shelley                                                     Jean Fortin

________________________________        _________________________________________

Wayne London                                               Bill Sweet

________________________________        _________________________________________

Sean Reel                                                        Daniel Dumas

________________________________        _________________________________________

Ed Purves                                                        Darrell Booker

________________________________        _________________________________________

                                                                        Gavin Baxter

                                                                        _________________________________________

                                                                        Dan Kennedy

EXHIBIT 'A'

 

                                         JOB CATEGORIES AND WAGE RATES

 

It is agreed that the schedule of job rates (inclusive of flex premiums) listed below will be considered as part of this Agreement and that all men hired, transferred or promoted to any job, excluding Mechanics' jobs, will receive the job rate for such jobs on the dates so specified.

 

	May 1/08	May 1/09	May 1/10	May 1/11
MECHANICS       Journeyman	34.390	35.250	36.130	37.210
APPRENTICES       5th Year Apprentice                              4th Year Apprentice      22.560      23.235      23.930       3rd Year Apprentice      20.755      21.380      22.020       2nd Year Apprentice      19.940      20.540      21.155       1st  Year Apprentice	34.390 31.875 29.290 28.080 27.600	35.250 32.670 30.020 28.780 28.290	36.130 33.490 30.770 29.500 29.000	37.210 34.495 31.690 30.385 29.870
LABOUR RATE	25.440	26.080	26.730	27.530
MAINTENANCE       Lubrication Mechanic:         - after 3 years      22.560      23.235      23.930       Lubrication Inspector: -  60 days - 3 years Oiler:  0 – 60 days                                    20.220                                    20.825                                    21.450       Shift Maintenance Assist.      20.220      20.825      21.450       Trade Utility                                         -  after 18 months      18.975      19.545      20.130       -  next 12 months      18.780      19.345      19.925       -  0 - 6 months      18.715      19.275      19.855         Grove Crane Operator      21.825      22.480      23.155       Drott 3330 Operator	31.930   28.080 27.370 29.570     27.180 26.210 26.130   30.290 28.170	32.730   28.780 28.050 30.310     27.860 26.865 26.780   31.050 28.870	33.550   29.500 28.750 31.070     28.560 27.540 27.450   31.830 29.590	34.56   30.385 29.610 32.000     29.420 28.370 28.270   32.785 30.480
CHIP HANDLING       Chip Control Operator      21.290      21.930      22.590       Operator #2      20.395      21.005      21.635       Operator #3      20.040      20.640      21.260       Operator #4	29.335 28.170 27.930 27.210	30.070 28.870 28.630 27.890	30.820 29.590 29.350 28.590	31.745 30.480 30.230 29.450
	May 1/08	May 1/09	May 1/10	May 1/11
YARD       Equipment Operator      19.345      19.925      20.525       Labourer      18.715      19.275      19.855       Janitor      18.715      19.275      19.855       Track Maintenance	26.510 25.440 25.440 28.160	27.170 26.080 26.080 28.860	27.850 26.730 26.730 29.580	28.685 27.530 27.530 30.470
PULPING GROUP       Pulping Group Operator #1            26.115      26.900       Pulping Group Operator #2      22.855      23.570      24.275       Pulping Group Operator #3      21.635      22.285      22.955       Pulping Group Operator #4       Pulping Group Operator #5	34.780 31.240 2