2014-2018
LABOUR AGREEMENT
BY AND BETWEEN
CHAUDIERE WATER POWER INC.
UNI FOR
AND ITS' LOCAL NO. 73
CWPI Labour Agreement 20 I4 - 2018
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TABLE OF CONTENTS
Article
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Item
Page
Purpose of Agreement
Recognition
Term
Probation and Promotion
Schedule of Operations
Schedule of Hours
Hourly Rates & Shift Differential
Rates of Pay
Overtime
Sunday Work, Statutory Holidays and Scheduled Days Off
Starting and Stopping Time
Timekeeping Regulations
Holidays
Vacations
Bereavement Leave
Severance Pay
Jury Duty and Crown Witness or Subpoenaed Witness
Leave of Absence
Safety Footwear & Eyeglasses
Group Insurance
Dental Plan
Long Term Disability
Retirement Income Plan
Adjustment of Complaints
Transaction of Union Business During Working Hours
Duties of Dam Operators
Absence Without Leave
Discipline of Employees
Causes For Discharge
Statement of Policies
3
3
3
3
4
4
5
5
6
7
8
8
8
10
13
13
14
14
15
15
18
18
20
23
24
24
25
25
26
26
Appendix A- Compressed Work Week, 12 Hour Shift Schedule
28
Letter of Understanding- Pension, Insured Benefits, Wages and Duration
32
Letter of Understanding- Procedure for transition from a May 1 to April 30
vacation period to a January 1 to December 31
vacation period as of January 1, 2016.
34
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ARTICLE 1 - PURPOSE OF AGREEMENT
1.01 The general purpose of this agreement is in the mutual interest of the employers and
employees to provide for the efficient operation of the Chaudiere Dam.
ARTICLE 2 - RECOGNITION
2.01 The Company agrees to recognize the signatory union as the Agency representing the
employees of the Chaudiere Dam for the purpose of collective bargaining.
2.02 New employees who are eligible for membership in the signatory Union shall, as a condition
of employment, join such Union after sixty days.
2.03 Employees, to a maximum of one person, shall be permitted leave of absence when
required to attend conventions, committee meetings, negotiations, or any other pertinent business
of their labour organization with one weeks' notice to the Supervisor. The Local will pay the
premium time if required for such absence.
2.04 In the event of a Local Union intending to suspend a member for non-maintenance of
membership or to expel a member for cause, the signatory Company shall be notified by the Local at
least seven days previous to the effective date of such action or previous to such lesser period as
may be mutually agreed upon.
2.05 Employees eligible for membership in the Union, under the terms of this Agreement, include
only those in Operator, Assistant Operator, Spare and relief positions.
2.06 Any hourly-rated employee (who is a Union member) who accepts a salaried position in his
regular department and subsequently complies with the membership provisions of the Union
constitution concerned, may be returned to the bargaining unit within nine (9) months. His seniority
shall be an aggregate of:
i) All seniority acquired as an hourly-rated employee in the bargaining unit, and
ii) All service acquired as a salaried employee up to a maximum of nine (9) months.
ARTICLE 3 - TERM
3.01 This agreement shall be in effect from May 1, 2014 to April 30, 2018, and from year to year
thereafter subject to termination or change by either party on April 301h in any year on sixty days
written notice by the party desiring the change.
3.02 There will be no suspension or stoppage of work because of the termination of this
agreement or failure of renewal while negotiations are in progress.
ARTICLE 4 - PROBATION AND PROMOTION
4.01
Seniority shall accrue to a regular employee as determined by his continuous service in the
Company. New employees shall be considered as probationary, as in 4.02, for the first four (4)
months of employment and thereafter shall assume full seniority dating back to the time they were
employed.
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4.02
All new employees will serve a probationary period of four (4) months worked beginning
from employment date. Thirty days of this period must be worked between December 1st and
March 1st and the probation period will be extended accordingly. During this period the Company,
at its discretion, may terminate probationary employees and such action shall not be subject to the
grievance or arbitration procedures.
4.03 Employees who have been working as the First Relief will be automatically moved into the
vacancy created in Assistant Operators position due to a permanent opening provided he/she has
been relief for three (3) months.
ARTICLE 5 - SCHEDULE OF OPERATIONS
5.01
The Chaudiere Dam must be operated on a seven-day week, twenty-four hour basis.
ARTICLE 6 - SCHEDULE OF HOURS
6.01
The dam will be operated on three shifts to cover a twenty-four hour period.
6.02
Shifts will rotate clockwise weekly.
6.03
The hours of work will be scheduled to conform with a forty-hour week.
6.04
In order to provide full time employment for eight people, each Operator and Assistant will
work three consecutive forty-hour weeks followed by one week of forty-eight hours with the
additional eight hours to be paid at overtime rates.
6.05
All employees will work in accordance with the schedule outlined below.
6.06
Shifts are not to be exchanged without permission of the Supervisor.
6.07
The twelve (12) hour compressed work week agreement dated July 27, 1988 appended to
the Labour Agreement will remain in full force and effect subject to the terms and contained
therein.
SCHEDULE FOR CHAUDIERE DAM
(4 WEEK REPEAT)
12-8
8-4
4-12
SMTWTFS
SMTWTFS
SMTWTFS
SMTWTFS
3333444
2222223
4411111
4444111
3333334
1122222
1111222
4444441
2233333
2222333
1111112
3344444
note: see Appendix A for 12 hour schedule
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ARTICLE 7 - HOURLY RATES & SHIFT DIFFERENTIAL
Shift
Effective Mal:
1~
2014
1~
2015
1~
2016
1~
2017
$28.78
$27.50
$29.28
$28.00
$29.48
$28.20
$29.36
$28.05
$29.91
$28.60
$30.16
$28.85
$29.95
$28.61
$30.50
$29.16
$30.75
$29.41
$30.55
$29.18
$31.15
$29.78
$31.45
$30.08
(2%)
Dam Operator
Dam Operator Assistant
Effective Mal:
12-8
(2%)
Dam Operator
Dam Operator Assistant
Effective Mal:
4-12
(2%)
Dam Operator
Dam Operator Assistant
Effective Mal:
8-4
(2%)
Dam Operator
Dam Operator Assistant
Note: The 12 hour night shift premium is a blended rate and the new rate will be equivalent to
$0.80 per hour, $0.90 per hour as of May 1, 2015 and $1.00 as of May 1, 2017.
An adjustment of $1.50 per hour shall be paid in addition to his regular rate to a Dam Operator
when he replaces the salaried supervisor.
ARTICLE 8 - RATES OF PAY
8.01
When an employee is temporarily required to work other than that at which he is regularly
employed, the regular rate of the temporary occupation shall apply. However, if the regular rate of
the temporary occupation shall be less, the employee's regular rate shall apply unless his regular
job is not available or the temporary transfer is at his own request, in which case the lower rate
shall apply.
8.02 When a wage earner is temporarily promoted to a supervisory position regularly occupied
by a salaried employee, he shall, during the term of the temporary promotion, receive the premium
specified in Article 7.
8.03 When an employee is required to attend a Company-sponsored session, he shall be paid at
his card rate for time in attendance including payment of overtime if applicable.
8.04 The wage rate for a student employee will be $1.00 per hour less than the hourly rate of the
occupation for students employed from May 1 to September 30.
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8.05 A regular tour worker or day worker who is called on duty outside regular scheduled hours
shall be paid premium time (time and one-half) or minimum of 4 hours' pay whichever is greater for
the work performed.
8.06 An employee attending Company-scheduled meetings will be paid for the time involved as
follows:
a) When the meeting is held during the employee's regular day or shift, the employee will
be paid for his regular day or shift and will not lose any time because of attending the
meeting.
b) When the meeting is held during an off shift period or day when the employee comes in
specifically to attend, the employee will receive a maximum of 6 hours pay at his/her
straight time hourly rate for attending the following meeting or combination of these
meetings: Labour-Management Committee Meeting, Supervisor-Employee Meeting, All
Employee Meeting, Health & Safety Meeting.
Under no circumstances will this payment be less than two (2) hours at the employee's straight
time hourly rate.
8.07 Payment for Attendance at Meetings - Meetings may be held with Management
representatives during working hours to discuss grievances or interpretations of the Labour
Agreement. The Union Officers, Stewards, and aggrieved employees present, who would otherwise
be at work, shall be paid for loss of wages for the time spent at the meeting.
8.08 Local adjustments: Adjustments will be considered annually on the basis of requests
submitted not later than March 151 • Request for adjustments will be screened by Union officials prior
to submission of these to the Company, and those affecting wages will be confined to inequalities
arising from changes in job conditions.
Adjustment requests will be discussed in good faith by both parties and shall be resolved with the
local union within 60 days following the request and will become effective May 151 •
ARTICLE 9 - OVERTIME
9.01
In the event a worker is required to work before or after his regular shift on shift work for
the Company's convenience due to breakdowns, extra work, or other circumstances created by the
Company, time and one-half shall be paid.
9.02
(a) Workers will receive time and one-half for all time worked on Sundays.
(b) Workers will receive double time for hours worked on statutory holidays and for all hours
worked in excess of eight (8) hours on a Sunday. For paid holidays, he will also receive an
additional eight hours pay.
9.03 An employee will be paid time and one-half for additional hours worked over his regular
daily hours of work except:
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(a) When required to work more than eight hours, but not continuously, in a twenty-four
hour period, due to change of shifts required by the normal scheduling of Dam
operations.
(b) By arrangement between a tour worker and his mate to exchange shifts in whole or in
part, with the approval of their supervisor.
(c) When required to replace an employee for tardiness of up to one hour.
9.04 For hours worked in excess of 40 hours weekly, subject to the provisions of sub-articles (a),
(b), and (c) above.
9.05 It is the responsibility of the people on each job to provide for continuous 24-hour operation
per day.
9.06
a) Unless notified the previous day, an employee who is required to work more than two (2)
hours beyond his regular day or shift will be paid a $10.00 meal allowance. This meal
allowance will be paid at every four (4) hour interval thereafter.
b) In the application of 9.06 a) it is understood and agreed that an employee notified, four
(4) hours or less prior to the commencement of his next shift, that he is required for
overtime work will be provided with the meal allowance provision.
ARTICLE 10 - SUNDAY WORK, STATUTORY HOLIDAYS, AND SCHEDULED DAYS OFF
10.01 The Dam must be attended and the water level regulated seven days a week throughout
the year. It is therefore essential that employees work on Sunday and statutory holidays. The
Company agrees with the Union that a forty-hour week is desirable and to this end have employed
additional people so that all employees can work in accordance with the attached schedule of
hours. This schedule provides for three working weeks of forty hours and one of forty-eight hours
during a four week period. It also provides for a three day week-end off work consisting of
Saturday, Sunday, and Monday, once in every four weeks. See Article 6 for schedule.
10.02 An employee who is required to work on any of the statutory holidays noted in Article 13 as
part of the normal operation of the Chaudiere Dam will, in addition to the double time premium for
hours worked during the statutory holiday, as outlined in Article 9.02b), have the option of receiving
8 hours pay for the holiday as noted in 9.02b) or an alternate day off work with pay (8 hours pay) at
a time mutually satisfactory between the employee and his supervisor within the same calendar
year that the statutory holidays were earned, with the exception of the Christmas Day holiday,
which must be used by December 31 of the following calendar year.
10.03 An employee on regular vacation during a week in which a statutory holiday falls, shall have
the option of having a day off with pay (8 hours pay) within the same calendar year the statutory
holiday was earned, with the exception of the Christmas Day holiday, which must be used by
December 31 of the following calendar year at a time mutually satisfactory between the employee
and his supervisor, or having the holiday pay added to his regular vacation pay. If the employee
elects to defer his holiday payment, he must advise management not later than ten (1 0) days prior
to the commencement of his vacation period.
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ARTICLE 11 - STARTING AND STOPPING TIME
11.01 When a shift begins, each worker is required to be in his place. At the end of a shift, no
worker shall leave his place to wash and dress until his mate has changed clothes and reported to
take on the responsibility of the position. If a worker does not report for his shift, his mate shall
notify his Supervisor and shall then remain and carry on his work until a substitute is secured.
11.02 It is the duty of a worker to report for his regular shift unless he has previously arranged
with his Supervisor for leave of absence. If unavoidably prevented from reporting through
exceptional circumstances, he must give notice to his Supervisor at least two hours before his
regular shift commences.
ARTICLE 12 - TIMEKEEPING REGULATIONS
12.01 Each employee must punch their time card, in the punch clock provided, in advance of his
starting time, and anyone more than three minutes and less than fifteen minutes late will have onequarter of an hour deducted from his time. If more than fifteen minutes late, additional periods of onequarter of an hour will be deducted.
12.02 Neglecting to punch time cards Employees neglecting to punch their time cards will be penalized by having fifteen minutes time
deducted from their wages for each omission. Starting or stopping time omitted will be entered by the
Supervisor.
12.03 Absence from work of over four calendar days The time card of an employee absent from work for sickness or accident for more than four calendar
days will be removed from the rack, and it will be necessary for such employees to first obtain
clearance from the Company before being allowed to resume regular duties.
ARTICLE 13 - HOLIDAYS
Statutory Holidays
The following statutory holiday periods shall be recognized by this Agreement: -
New Year's Day
56 hours (from 8 a.m. of the day preceding the holiday to 4 p.m. of
the day following the holiday) - 24 hours paid (2 x 12 hrs)
Easter Sunday
24 hours - 12 hours paid
Easter Monday
24 hours- 12 hours paid
Labour Day
24 hours - 12 hours paid
Christmas Day
56 hours (from 8 a.m. of the day preceding the holiday to 4 p.m. of
the day following the holiday) - 24 hours paid (2 x 12hrs)
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Floating Holidays
Floating holidays of twenty-four hours duration will be granted on January 1st of each year to each
regular or temporary employee on a day mutually agreeable to the employee and his supervisor,
subject to all other existing conditions for statutory holidays now recognized by this labour
agreement.
Temporary employees with more than ninety days continuous service will be eligible for one (1)
floating holiday.
Regular employees with more than ninety days continuous service will be eligible as follows:
•
•
employees on an 8 hour schedule: four (4) eight hour days paid
employees on a 12 hour schedule: three (3) twelve hour days paid
At least seven days notice must be given to the employee's supervisor, except in cases of genuine
emergency. If the granting of the day of the employee's first choice would be detrimental to
operational efficiency, in the supervisor's judgement, then a mutually suitable alternative date will
be determined promptly by the employee and his supervisor. In the event they are unable to
determine a mutually suitable alternative date, the employee may re-submit his original request to
the Director, Generation.
The Company shall post all floating holidays which are left by October 1st of each year. Floating
holidays not taken by November 1st of any year shall be scheduled by the Company. When an
employee is off sick and unable to take his floating holiday(s) as of December 31st, he shall be
entitled to take such day(s) upon his return to work up until January 31st. However, it is agreed that
this day(s) shall be scheduled at the Company's convenience. If the employee is not able to return
to work prior to January 31st, the Company will pay out the remaining floating holiday(s).
It is agreed that the scheduling of floaters should be on the basis of "first come first served".
Qualifying Conditions
Wage earners who are on the payroll of the Company on any of the statutory holidays, except
those on authorized leave of absence for personal business reasons, will be granted twelve hours
pay for Easter Sunday, Easter Monday, and Labour Day, and twenty-four hours pay for Christmas
Day and New Year's Day at the straight time rate of their regular occupation, subject to compliance
with all of the conditions (1) and (2) as set forth below:
(1)
The employee must have not less than thirty days continuous service just preceding
the statutory holidays shown in Article 13 - Statutory Holidays, nor less than ninety
days continuous service just preceding the floating holidays, as specified in Article
13 - Floating Holidays.
(2)
The employee must have worked his scheduled day before, and his scheduled work
day after such holiday, unless failure to report for his regularly scheduled 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 Worker's Compensation Board.
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(c)
When a trade in shifts agreed upon between employees and approved in
advance by Management results in a temporary change of the scheduled
work day before, or the scheduled work day after the holiday, provided the
employee works the shifts agreed upon.
(d)
When the employee is absent due to a legitimate sickness (verified by a
Doctor's Certificate).
(3)
An employee who is on a regular vacation at the time of a paid holiday will receive
pay for such holiday in addition to his regular vacation pay.
(4)
Any employee who has completed more than 30 days but less than one year's
continuous service, and who is officially placed on leave of absence due to illness or
non-industrial accident, will be eligible to receive payment for only the first statutory
holiday authorized by the Labour Agreement following the date such employee has
been officially placed on leave of absence. Any employee who has completed more
than one year's continuous service will be eligible to receive payment for the first three
statutory holidays following the date he has been officially placed on leave of absence
due to illness or non-industrial accident.
ARTICLE 14- VACATIONS
Employees will be granted annual vacations on the following basis:
14.01 Eligibility
Employees with less than one year continuous employment on January 151 shall receive 4 percent of
their gross earnings from date of employment to December 31st as vacation pay and shall be granted
time off equivalent to the number of days determined.
Employees with one (1) or more years of continuous employment on January 151 will receive
vacation with pay according to the following schedule:
1 year
5 years
10 years
17 years
23 years
30 years
2 weeks
3 weeks
4 weeks
5 weeks
6 weeks
7 weeks
14.02 Supplementary Vacation
An employee who has completed 25 years of service and who shall have attained an age listed
below on January 151 shall be entitled to additional vacation with pay in accordance with the
following schedule:
At age 60, one additional week
At age 61 , two additional weeks
At age 62, three additional weeks
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At age 63, four additional weeks
At age 64, five additional weeks
Supplementary vacation entitlement is subject to the following:
Each week of supplementary vacation will be calculated at 2.4% of gross earnings in the previous
calendar year or 40 hours pay at employee's regular rate, whichever is the greater.
14.03 Continuous Service
During the qualifying period there shall be no interruption of continuous service. Continuous service
will be broken by discharge for cause, voluntary resignation, and layoffs of more than three months in
the case of employees with less than five years' continuous service and of more than six months in
the case of employees with five or more years' continuous service.
Forty hours of vacation is guaranteed for each week of vacation entitlement provided the employee is
actively at work or has been granted a leave of absence by the Company for the period of absence.
Time lost as a result of work accident recognized by the appropriate Workers' Compensation
Board, suffered during the course of employment, shall be considered as time worked for the
purpose of qualifying for vacation. For purposes of this clause, an employee is entitled to receive
his accrued vacation to January 1st following his accident and is entitled to receive one further
vacation payment on January 1st of the next year.
14.04 Vacation Scheduling
a) The vacation year will be from January 1st to December 31 51 •
b) During the vacation period from July 1st to August 31st and also Christmas week a maximum of
two (2) employees can be off each week- one (1) Operator and one (1) Assistant. If either the
Operator or Assistant Operator is not on vacation during these weeks, then an additional
Operator or Assistant Operator can be off during these time periods, subject to business
requirements. The Company shall not unreasonably deny such requests.
c) During the remainder of the year, one (1) employee can be off each week.
d) In the first week of September the senior Operator and the senior Assistant Operator may
select up to two weeks of their vacation. The second week of September the next senior
Operator and the next senior Assistant Operator may select for this same period, up to two
weeks of their vacation, and so on each week until all employees have had an opportunity to
select two weeks.
e) In each of the selection rounds, the operators, based on their seniority, will have the first
opportunity to book vacation within the period where only one employee can be off at any given
time. Therefore, Assistant Operators who wish to book their vacation within the period where
only one employee can be off at a time, will be required to wait until all the Operators as well as
those Assistant Operators senior to them, have finished their selection in that given round.
f)
Following this first selection round, in the first week of October the senior Operator and the
senior Assistant Operator may select two (2) of their remaining weeks of vacation. The second
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week of October the next senior Operator and the next senior Assistant Operator may select
two {2) of their remaining weeks of vacation, and so on each week until all employees have had
an opportunity to select their remaining vacations in two week increments.
g) All selection of vacation must be booked no later than the end of the first week of December,
after which time floaters, deferred holidays and other vacation entitlements for this period will
be booked on a first come first serve basis subject to the maximums provided in b) and c).
h) Employees requesting to schedule vacations, that have not been booked during the above
periods, will be required to give the Supervisor a minimum of two weeks prior notice.
i)
In special circumstances, and by arrangement with the Supervisor, an employee may request
and obtain his entire vacation at one time. It is understood that this would not be a regular
procedure for any particular employee nor could all employees be accommodated in any one
year.
j)
Under normal conditions, employees wishing to take five weeks vacation consecutively may do
so outside the period from July 1st to August 31st.
k) Relief employees will be trained for a minimum of 40 hours with a regular crew.
I)
Assuming full vacation complement has been booked, floaters and deferred holidays will only
be granted if relief can be secured at straight time.
m) Relief required to provide vacation relief for the Supervisor will not be considered as part of the
vacation complement.
n) Vacations are not cumulative and must be taken within the vacation year, except those
authorized by the Supervisor.
o) Every effort shall be made to arrange vacations at a time suitable to the employee, but it is
understood that seniority will usually govern.
p) Management reserves the right to decide the allotment of time off.
14.05
Vacation Pay
Each week of vacation pay will be calculated at 2.4% of gross earnings in the previous calendar
year or 40 hours pay at the employee's regular rate, whichever is the greater.
If an employee is temporarily promoted for 6 months or more during the 12 months preceding
January 1 in the current year, he shall receive vacation pay at the higher hourly rate.
Vacation pay will not be allowed for vacations not taken.
In accepting vacation pay, each employee agrees that he will not engage in any gainful occupation
during his scheduled vacation.
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An employee shall receive an additional four (4) hours' pay at his regular rate for each week of
vacation entitlement taken during the period from October 15th to December 15th. This payment will
not apply to vacations granted in advance of entitlement or supplemental vacation taken during this
period.
14.06 General
Every effort shall be made to see that an employee returning from vacation shall return to work on his
regularly scheduled shift. Should changes be made without 24 hours' notice, premium time shall be
paid.
ARTICLE 15 - BEREAVEMENT LEAVE
15.01 Five (5) days of compassionate leave with pay in a 7 day period at his regular straight time
rate will be granted to an employee losing time from regular work to attend the funeral of his
spouse or children.
15.02 Three (3) days of compassionate leave with pay in a 7 day period at his regular straight
time rate will be granted to an employee losing time from regular work to attend the funeral of a
member of his immediate family. Immediate family is defined as father, mother, brother, sister,
father-in-law, mother-in-law, stepfather, stepmother, step-brother, step-sister, grandfather and
grandmother. To be entitled to such leave of absence, an employee must have been on the payroll
for at least thirty days.
15.03 If the death of one of the relatives specified in the Collective Agreement occurs while an
employee is on vacation, the vacation will be interrupted so that the employee gets the benefit.
15.04 One (1) day of compassionate leave with pay in a seven (7) day period, at his regular
straight time rate will be granted to an employee losing time from regular work to attend a funeral
of his brother-in-law or sister-in-law.
ARTICLE 16 - SEVERANCE PAY
16.01 A regular employee, who has completed one year or more of continuous service, will be
eligible for severance pay when laid off by Company action because there is no work available to
which his seniority entitles him.
16.02 An employee laid off and entitled to severance pay will be paid one week per year for the last
full period of continuous service. One half of the severance pay due will be paid after the employee
has been laid off for six (6) weeks. The balance of the severance pay will be paid after the employee
has been laid off three (3) months.
Lay-off - 12 consecutive months
If the duration of a lay-off exceeds twelve (12) consecutive months, one-half (0.5) week of pay will
be paid per year of continuous service in addition to the current provisions.
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Permanent lay-off
The total amount of severance pay that an employee may receive will not exceed one and one-half
(1.5) weeks of pay per year of continuous service, for any reason, for any time.
The number of continuous years of service shall be calculated from the last lay-off period for which
the employee received severance pay.
16.03 An employee's recall rights will not be affected because of the payment of severance pay.
However, if recall occurs before the time when severance payment is due, no such payment will be
made. If an employee is offered recall and it is refused, all severance rights are terminated.
16.04 If an employee is recalled after having received all of the severance pay due him, he will
begin again, as of the date of return, accumulating a new period of time which will be credited toward
any future lay-off.
16.05 If an employee is recalled after having received part of the severance pay due to him, he will,
upon returning to work, retain the right to the unpaid portion if laid off a second time. He will begin
accumulating again a new period of time which will, in addition, be credited toward any future lay-off.
ARTICLE 17 - JURY DUTY AND CROWN WITNESS OR SUBPOENAED WITNESS
A regular employee with at least ninety days of continuous service required to be absent from work
by reason of Jury Duty or Crown Witness duty or subpoenaed witness on a scheduled working day
shall be paid the difference between the "pay" or "conduct money'' received for such service and
eight times the straight time hourly rate he would otherwise have received, subject to the following
conditions:(a) The days eligible for such payment shall be scheduled work days of the employee upon
which he would otherwise have worked.
(b) In making application to the Company for such payment (Jury Duty or Crown Witness),
the employee must present a certificate from the Clerk of the Court so indicating the dates
served and amounts received.
(c) In the case of Subpoenaed Witness, in addition to the application of (a) above, the
employee to submit supporting documents as to days of service and fee received.
Subpoenaed witness, for an arbitration hearing not included.
ARTICLE 18 - LEAVE OF ABSENCE
An employee who is elected to the Federal or Provincial legislature or to Municipal government
shall be granted leave of absence, without pay, for his term of office. An employee who is hired as
a Union Representative shall be granted leave of absence, without pay, for two years. Upon
ceasing to be an elected representative, or hired Union representative, he shall be entitled to a job
on the Dam in accordance with his seniority accumulated as of the date he left the Dam and his
skills and abilities at the time of his return to the Dam provided that he returns to work within thirty
days following the date he ceased to be an elected representative.
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ARTICLE 19 - SAFETY FOOTWEAR & EYEGLASSES
The Company will pay a maximum of $100.00 annually for summer safety footwear and a
maximum of $140.00 annually for winter safety footwear.
Effective, May 1, 2015, the Company will pay a maximum of $120.00 annually for summer safety
footwear.
Effective May 1, 2017, the Company will pay a maximum of $135.00 annually for summer safety
footwear.
Approval of the Supervisor will be required before safety footwear is purchased.
In conjunction with a compulsory safety eyeglass policy, the Company agrees to provide an
allowance of up to one hundred and twenty dollars ($120) every two calendar years to those
employees who purchase a pair of certified prescription industrial safety eyeglasses.
ARTICLE 20 - GROUP INSURANCE
20.01 Every new regular employee will be required to participate in the Plan within three months of
employment.
Group Insurance Plans will be administered in accordance with terms and conditions of the Master
Group Insurance policies. Copies of the group insurance policies will be provided to the Union on
an annual basis and booklets describing same will be made available to all employees. Any
dispute arising out of the non payment of any benefits covered under the Group Insurance Plans
will be subject either to the grievance procedure or the appeals procedure as outlined in the Group
Insurance Policy, but not both.
20.02 a) The Company agrees to pay the total cost of the present Welfare Plan (Group Life
Insurance, Dependant Life Insurance, A.D.&D, Major Medical, Weekly Indemnity).
20.02 b) The Company is prepared to reimburse the employee up to $25 towards the cost the
employee incurs to have his physician complete the initial claim form only for each new Weekly
Indemnity claim.
20.03 The Weekly Sickness and Accident Benefit for eligible employees actively at work is equal to
70% of 40 hours of an employee's card rate with a maximum of $700.00 per week.
As of January 1, 2015, the Weekly Sickness and Accident Benefit for eligible employees actively at
work is equal to 70% of 40 hours of an employee's card rate with a maximum of $725.00 per week.
A daily formula to be equal to 1/71h of 70% of 40 hours at an employee's card rate with a maximum
of 1/71h of $700.00 per week.
As of January 1, 2015, a daily formula to be equal to 1/ih of 70% of 40 hours at an employee's
card rate with a maximum of 1/71h of $725.00 per week.
Benefits begin on the first day of an accident, first day hospitalized, fourth day of sickness for a
maximum period of 52 weeks.
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Weekly Indemnity Dispute Resolution Mechanism:
In situations, where an employee's physician and the Company's and/or Insurer's physician differ,
the Company reserves the right to require an employee to be referred to a third party organization,
agreed to by both parties, to confirm an employee's absence due to disability. It is understood that
the selection of this third party organization will be done once per year for the term of this
agreement. The cost of such examination, medical documents, transportation and reasonable outof-pocket expenses will be paid by the Company.
The employee will continue to receive W.l. benefits from the Company while awaiting the results of
the examination.
It is understood that these benefits will not be paid to anyone receiving benefits under any
Government Automobile Insurance Plan.
20.04 a) The Company agrees that for an employee placed on early retirement, at the request of the
Company or at the employee's own request, from age 58 to age 65, it will pay the monthly premium
for the employee's Life Insurance and the monthly premiums for Major Medical, Dental Plan and
Vision Care for employees and dependents.
20.04 b) For future retirees: Between the ages of 55 and 57, the Company agrees to allow retirees
to continue their Company benefit coverage at their own expense. Once any retiree reaches the age
of 58, he shall be covered per article 20.04a) of the present agreement. For clarification: The drug
benefit coverage is paid to 100%- 80% as for active employees (as per 20.12}. This coverage
refers to retirees between the ages of 58 and 65.
20.05 a) Life Insurance Benefit is $40,000 and A.D. & D. is $50,000.
20.05 b) At age 65, the retiree will receive life insurance coverage of $5,000, paid on a monthly
premium basis by the Company, provided the retiree has fulfilled the qualifying conditions.
20.05 c) Optional Life Insurance: Optional life insurance, fully paid by the employee, will be
made available to employees less than 65 years old. This optional life insurance will be available to
a maximum of $200,000 in increments of $25,000. With notification to the local Human Resources
Department, employees will be permitted once a year to amend their level of coverage. Formal
notification of such change must be made by November 30th of the preceding year to be effective
January 1st of the following year or later, upon acceptance from the insurance carrier following
proof of good health.
Coverage premiums will be based on sex, age and smoker or non-smoker status; restrictions and
exclusions will be subject to the insurance provider's plan policies. Associated premium costs will
be administered through payroll deductions. Coverage will end at termination or upon retirement.
20.06 The present Major Medical deductible for a family will have a maximum of $25.00 per
calendar year. There is no maximum benefit on employees' Major Medical insurance claims. Amend
Plan to provide the following: $25.00 per disability for x-rays- maximum $400.00 per calendar year.
One pair orthopaedic shoes per year, maximum $50.00.
20.07 Major Medical semi-private hospital coverage will be provided for maternity cases.
20.08 Employees eligible for disability benefits under any wage replacement program (such as
Weekly Indemnity) may utilize such benefits for the maximum duration allowable, and shall not be
required to apply for any wage replacement benefit under the Company's Group Insurance or
Retirement Plans, in which the benefits are less than the benefits he is currently receiving.
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20.09 It is understood that the 5/121h rebate to employees under the Employment Insurance
Premium Reduction Program will be retained by the Company.
20.1 0 Dependent Insurance
Dependent Life Insurance provisions are the following:
1) Spouse $15,000
2) Each unmarried child:
a) 14 days but less than 1 year of age - $7,500
b) 1 year but less than 19 years, or twenty-five (25) when a student full time, wholly
dependent on the employee for support - $7,500
Life insurance for dependents will terminate upon the employee's retirement or death.
20.11
Vision Care
The Company will provide a Vision Care Plan for an employee and his covered dependents. The
Plan will provide frames, lenses and the fitting of prescription glasses, including contact lenses, when
prescribed by a physician or an optometrist, up to a total payment of $150.00 per family member in
any two consecutive calendar years. The Company will pay the present cost of this Plan.
As of January 1, 2015, the total payment will be up to $200.00 per family member in any two
consecutive years.
As of January 1, 2017, the total payment will be up to $250.00 per family member in any two
consecutive years.
20.12 Prescription Drug Coverage
For generic prescription drugs and drugs with no generic, the reimbursement will be at 100%.
Brand name prescription drugs will be reimbursed at 80%. Brand name drugs will only be
reimbursed at 100% provided there is a medical justification from the treating physician for its
generic equivalent not being recommended, not tolerated or cannot be administered given the
medical condition of the insured participant.
20.13 Paramedical
Reimbursement for paramedical expenses will be $400 per year per type of practitioner with a
maximum of $15.00 per visit for each of the following practitioners: Chiropractors, Podiatrists,
Osteopaths, Naturopaths and Chiropodists.
As of January 1, 2015, the reimbursement for paramedical expenses will be $400 per year per type of
practitioner with a maximum of $25.00 per visit for each of the following practitioners: Chiropractors,
Podiatrists, Osteopaths, Naturopaths and Chiropodists.
Physiotherapy reimbursement will be a maximum of $35 per visit subject to $600 per year.
As of January 1, 2016, Physiotherapy reimbursement will be a maximum of $40 per visit subject to
$600 per year.
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20.14 Children with disabilities
Insured children suffering from a physical or mental disability will continue to be covered beyond
the maximum age as long as they are dependents of the employee.
ARTICLE 21 - DENTAL PLAN
21.01 The Company will provide a Dental Plan 7 with riders 1, 2 and 3 with 50% co-insurance on
riders 2 and 3. The Company will pay the present cost of the plan during term of this agreement. The
maximum coverage for riders 1, 2, and 3 will be $1 ,500. Effective, January 1, 2015, the maximum
coverage for riders 1, 2 and 3 will be $1 ,600.
The Provincial Dental Association schedule of fees used for reimbursement of claims will be as
follows:
Schedule of fees:
•
Calendar year 2014- 2013 fee schedule
•
Calendar year 2015 - 2014 fee schedule
•
Calendar year 2016 - 2015 fee schedule
•
Calendar year 2017 - 2016 fee schedule
•
Calendar year 2018 - 2017 fee schedule
21.02 The lifetime maximum benefit for orthodontic services covered expenses to $1 ,500 per
insured family member including:
•
unmarried dependent children, mentally or physically incapacitated, shall continue to be
covered.
•
any child under 25 years of age who is not working and is wholly dependent for support will
be considered eligible for benefits.
ARTICLE 22 - LONG TERM DISABILITY PLAN
22.01 The Company shall provide a Long Term Disability Plan hereinafter referred to as L.T.D.
Plan.
22.02 The Company shall pay the monthly premium rate of the LT. D. Plan.
22.03 The L.T.D. Plan shall be administered in accordance with the terms of the insurance policy
and shall contain the following governing provisions:
22.04 Eligibility- The L.T.D. Plan shall be compulsory for all full-time regular employees who are
participants in, and who are covered for Weekly Indemnity benefits under the existing group
insurance plan.
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22.05 Effective Date of Coverage - An eligible employee is entitled to benefits provided he is
actively at work on the first day the L.T.D. Plan becomes effective. An eligible employee absent from
work due to sickness or accident at the effective date of the plan shall only be eligible for L.T.D. Plan
benefits at the return to continuous active full-time employment over a 30 calendar day period. An
eligible employee absent from work due to lay-off at the effective date of the plan shall be entitled to
L.T.D. Plan benefits upon recall on reporting to work. The Company shall have the right to give
medical examinations to employees returning from such lay-off to determine their eligibility under the
plan.
22.06 Qualifying Period - After 52 consecutive weeks of weekly indemnity entitlement which, for
disabilities occurring during lay-off or strikes, shall commence at the termination of the lay-off or
strike.
22.07 Definition of Disability- An insured employee is considered totally disabled if, after having
completed benefits under the Weekly Indemnity Plan, he is unable because of disease or injury to
perform the duties of his regular occupation for the ensuing twenty-four (24) months, and thereafter
he is unable to perform any and every duty of any occupation on the dam for which he is
reasonably fitted by education, training or experience.
22.08 Amount of Benefit - 55% of regular straight-time hourly rate multiplied by 2,080 and divided
by 12 up to a maximum monthly payment of $2,700. The regular straight-time hourly rate shall be the
classified rate of the employee effective January 1st of the year in which he qualifies for weekly
indemnity.
As of January 1, 2015, the maximum monthly payment shall be increased to $2,750.
During the term of the agreement, effective May 151 of each year, general wage increases will be
incorporated into the benefits up to the maximum monthly payment of $2,700 for all those employees
who become disabled and commence L.T.D. benefits following the first day of the month following
ratification for those employees actively at work on the date of ratification and by an additional $50
on
January 15 \ 2015 for employees actively at work on January 15 \ 2015.
The amount of benefit shall be reduced by any payments made under any government disability
plans (except increases in such amounts occurring 12 months or more after disablement), Workers'
Compensation, or any other non-private disability income plan.
22.09 Benefit Period - Benefits will be paid for each completed month of service prior to the onset
of disability while the employee is disabled.
22.10 Termination of Disability Benefits- The disability ceases at the earliest of the following:
o
o
o
o
Date at which disability ceases
Date of eligibility for unreduced pension
Date at which employee attains 65 years old
Death of the employee
22.11 Participation in Group Insurance
An employee drawing L.T.D. Plan benefits, who was a participant in the group life insurance plan at
the commencement of his disability, will continue to enjoy group life insurance coverage at no cost to
him based on the earnings used to establish the amount of his L.T.D.
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22.12 Modifications to Group Insurance Plan and Pension Plan
a) The present provisions with respect to lump sum or instalment payments of group life insurance
shall be amended so that payments will only become payable if the employee qualifies for such
payment after expiry of his LT. D. benefit period.
b) The present provisions with respect to disability pension payments shall be amended so that they
will only become payable if the employee qualifies for such payment after expiry of his L.T.D. benefit
period.
22.13 Exclusions
a) Benefits under L.T.D. Plan will not be payable for claims resulting from self-inflicted injury, war,
riot or pregnancy.
b) An employee on L.T.D. shall not accumulate credit for vacation or holidays.
22.14 The employee will accrue full pension credits at no cost to the employee based on earnings
equal to the rate of pay for the occupation in which he was employed immediately prior to his
disability. Refer to 23.1 Ob.
ARTICLE 23 - RETIREMENT INCOME PLAN
23.01 The Retirement Income Plan for hourly-rated employees will form part of the current Labour
Agreement.
23.02 During the life of this agreement there shall be no change, amendments, modifications,
suspension or discontinuance of the Retirement Income Plan except through mutual agreement by
the parties to this agreement or as may be required by law.
23.03 Every new regular employee shall be required to participate and maintain his equity in the
Retirement Income Plan when he first meets the conditions of eligibility in accordance with the
provisions of the Plan, once they have completed eighteen {18) months of service.
23.04 All employees who are now members of the Retirement Income Plan shall be required to
maintain their equity in this Plan.
23.05 The Company agrees to meet with the Union on an annual basis to review the pension plan's
activities for the previous year. During the course of this meeting, the Company will discuss and
provide to the Union data pertaining to the operation of the plan such as:
•
•
•
•
•
•
•
•
total contributions made to the plan (employer as well as employee contributions);
number of participants in the plan;
number of employees retiring from the plan;
the rate of return on investments;
audited financial statements;
actuarial evaluation reports;
annual information return;
plan amendments as available.
23.06 The Company agrees to pay 4% compound interest on Pension Plan withdrawals.
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23.07 An employee having completed 2 years of participation as a member of the Plan will have
earned 100% of his vesting rights.
23.08 The following formula will be used to calculate pension benefit:
Effective May 1, 2014- 1.75% x five year average earnings x years of pensionable service.
23.09 Employee Contributions
Effective May 1, 2014, the rate of contributions will be 7.5% of the member's pensionable earnings.
23.10 Five Year Average Earnings
a) Means the average of the member's earnings during the 5 consecutive 12-month periods prior to
retirement. The earnings during any of the 12-month periods will not be less than the member's
status rate multiplied by his regular hours of work each year.
b) When an employee retires while receiving long term disability benefit, his pension benefit will be
calculated based on the greater of:
1. His rate at the time of disability as defined in the collective agreement or;
2. The base rate in the mill in each of the years used to calculate his pension.
23.11
Earnings
Earnings will be defined as salary, wages, payments under incentive plans, and other remunerations
for services, as determined by the Company under its normal practices, but excluding overtime
premium, taxable benefits, special payments or indemnities or reimbursements for expenses.
23.12 Transfer to Lower Rate
An employee who transfers to a lower wage rate classification within the five (5) years prior to
qualifying for retirement will contribute to the Plan and receive benefits based on the wage rate and
hours worked for the higher job classification.
23.13 Should the government(s) introduce a compulsory system affecting this area of private
pension plans and which is applicable to the Company, this pension will be reduced proportionately
to the degree it is replaced by the government requirements.
23.14 Consumer Price Index
The Post-Retirement adjustment formula is based on the Consumer Price Index for the 12-month
period ending in October of the preceding year (rounded to the nearest tenth of one per cent),
subject to a maximum 5% adjustment. For calculation purposes, the Consumer Price Index means
the all-items index {1992=1 00) published by Statistics Canada. The increase in the amount of basic
pension in each year shall be equal to the Post Retirement Adjustment multiplied by the annual
amount of basic pension being paid as of the immediately preceding year.
If, by reason of Applicable Legislation, the Company is required to provide increased pension
benefits to Retirees, the Company shall only be required to increase the amount of pension
payable to a Retiree to an amount such that, after taking into account the increased pension
benefits required to be paid by the Applicable Legislation, the Retiree shall receive the greater of
CWPI Labour Agreement 2014- 20 I 8
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the amount of such increased pension benefits and the increase otherwise provided for in this
section.
23.15 Bridging Supplement
A member who retires directly from the service of the Company, after attainment of age 57 and upon
completion of 20 or more years of continuous service, shall receive a special bridge benefit equal to
his years of continuous service (to a maximum of 30 years), at such early retirement date, multiplied
by:
a) A member retiring on or prior to his 601h birthday $33 reducing to $16 from the first of month
immediately following his 601h birthday.
b) The bridging supplement shall be payable to members who decide to take early retirement with a
reduction as soon as they turn 55, provided the member has accumulated at least 20 years of
continuous service up to a maximum of 30 years. These amounts will be reduced by 2/3 of 1% (8%
per annum) for each month by which such early retirement precedes the attainment of age 57
subjected to the minimum reduction required by the regulations under the Income Tax Act.
c) In applying the bridging supplement, employees will be granted proportional allowance for
completed months.
d) Such bridging supplement shall be payable monthly to and including the first of the month in
which the member attains age 65 or dies, whichever is earlier.
23.16 Early Retirement
a) The Plan will provide unreduced early retirement at age 57 or later with at least 20 years
continuous service.
b) Members may elect to take an early retirement pension on or after age 55 provided they have at
least 20 years of continuous service, with a reduction of 1/2% for each month {6% per annum) by
which such early retirement precedes the attainment of age 58, subject to the minimum reduction
required by the regulations under the Income Tax Act.
c) Employees who elect to retire early and have attained 61 years of age and have completed 15
years of continuous service, shall be entitled to receive an unreduced pension. However, to be
entitled to the bridge supplement, the employee must have completed 20 years of continuous
service.
23.17 Joint Survivor Death Benefit
The Plan provides that where the retiree has a spouse at the time of retirement the member will be
deemed to have elected an actuarially reduced pension which continues for the lifetime of the spouse
following the death of the retiree at 60% of such actuarially reduced pension the retiree has elected
to receive. The amount of the pension will be the actuarial equivalent of the amount of pension paid
in the normal form. The provision may be varied if both the member and the spouse agree in writing.
It is understood that this benefit does not include any bridging supplement.
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23.18 Should a member, due to total and permanent disability, be forced to retire prior to reaching
his normal retirement date, he shall receive a retirement income equal to the benefits earned up to
the date of such retirement under the Plan, without actuarial reduction.
23.19 The Company agrees to amend the Pension Plan to reflect the requirements of Bill 116 in
Quebec.
23.20 Retiree's spouse:
The spouse of the retiree who has not attained age 65 at the time the retiree attains age 65 may
continue to be covered for Major Medical, Vision and Dental Care until she/he reaches age 65, until
the spouse passes away or the retiree passes away, whichever comes first. The retiree will pay the
full monthly premium for this coverage. Should the retiree decide not to cover his/her spouse at the
moment he/she reaches age 65 or decides to cancel his/her coverage prior to his/her attaining age
65, he/she will not be able to benefit from this coverage in the future.
23.21 Surviving Spouse:
In the event of the death of a retiree covered under the health care benefit plan, the surviving spouse
will have the option to continue to be covered until the spouse is age 65 by the plan provided the
spouse pays the total cost of the premiums.
If there is no pension payment from which to deduct the premiums, the spouse will have to supply to
the Company twelve (12} post-dated cheques covering the coming year's premium payments. To
maintain the coverage, the spouse will have to submit required information and payment as stipulated
by the Company's procedures.
The coverage will cease effective the date this benefit plan coverage would have expired for the
retiree, or earlier if there is a change to the surviving spouse's marital status.
ARTICLE 24 - ADJUSTMENT OF COMPLAINTS
24.01 Should there be any dispute or complaint as to the interpretation of any of the clauses of
this Agreement or any complaint arising out of the operation of this Agreement except in the case
of discharge or suspension, the employee shall continue to work as per the conditions existing
prior to the time of the complaint or dispute, and such complaint or dispute shall first be taken up
with the Shop Steward and he, with the employee concerned, shall discuss it with the Supervisor.
24.02 Should the above fail to resolve the complaint or dispute, the following dispute resolution
process will be followed:
24.03 Step 1: Upon failure to receive a satisfactory reply, the grievance shall be reduced to writing
by the Union President who will take the matter up with the Director, Generation who shall make a
reply in writing within 7 working days.
24.04 Step 2: If the grievance still remains unsettled, it will be referred by the National Officer of
the Union to the Director, Labour Relations and Compensation who shall make a reply in writing
within 14 days.
24.05 It is understood that any grievance of discipline causing discharge or suspension will be
processed starting at Step 2.
CWPI Labour Agreement 2014 - 2018
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24.06 If the grievance still remains unsettled, the grievance may be referred to arbitration within 30
days by providing notice to the Director, Labour Relations and Compensation.
24.07 Any of the above timelines may be extended by mutual agreement of the parties.
24.08 The party giving notice of its intent to proceed to arbitration shall submit to the other party
the names of suggested arbitrators to act as the sole arbitrator. The party receiving notice may
also submit an alternate list of arbitrators for review to hear the grievance. The sole arbitrator shall
be empowered as per the provisions of the Ontario Labour Relations Act. An arbitrator shall not
have the power to add or subtract from or otherwise change the provisions of the collective
agreement.
24.09 If the parties fail to agree on an arbitrator, then the aggrieved party has the right to proceed
with the referral of the grievance to a single arbitrator process as outlined in the Ontario Labour
Relations Act (expedited process) or other process as outlined in the Ontario Labour Relations Act.
24.10 The cost of the arbitrator shall be shared equally between the parties.
ARTICLE 25 - TRANSACTION OF UNION BUSINESS DURING WORKING HOURS
It is agreed that no Union activities except those to which both parties to this Agreement may
mutually consent shall take place in the dam properties during working hours.
ARTICLE 26 - DUTIES OF DAM OPERATORS
1. Dam Operators shall enter hourly on the Log Sheets hourly readings of forebay levels at the
Dam and hourly records from the Powerhouses.
2. Water levels in the forebay at the Dam are to be maintained as instructed from time to time by
the Supervisor. These levels must be held as constant as possible at all times.
3. The Log Sheets must give a detailed record of the removal or insertion of stop logs as to the
time, number of logs, and span numbers. Any shutdown either in whole or in part at any
Powerhouse must be recorded in detail as to time and extent. The resumption of operation at
any Power Plant must be recorded in like manner.
4. Stop Log machines must be kept in proper working order at all times. Any defects which may
develop during a shift which are beyond the ability of the operator to remedy and which if not
remedied would impair the proper and safe operation of the Dam must be reported to the
Supervisor immediately. If such defect can be safely left until the next day, it must be noted in
the Log Sheet.
5. In winter when steaming is required, each operator must ensure that one or more spans are
thawed out at the end of the shift so that the relieving shift will be able to handle any necessary
logs without first having to thaw them out. This applies also to logs, racks, rams and all other
handling equipment.
6. The Operator is to see that all tools and materials used for the purpose of his work are returned
to the proper storage place after use.
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Duties of Dam Assistant Operator
The duties of the Assistant Operator are to work with the Operator on shift.
General
1. Safety precautions are to be taken at all times and any hazards are to be reported to the
Supervisor.
ARTICLE 27 - ABSENCE WITHOUT LEAVE
The following penalties will be applied for employees who are ab
ent without prior permission from their Supervisor:
First Offence
A 'Warning" shall be issued by the Supervisor in the first instance of absence without leave. This
warning will be reported by the Supervisor to the Director, Generation and be recorded. The
Supervisor will also advise the Union Shop Steward that such a 'Warning" has been given.
Second Offence
Three compulsory days off without pay.
Third Offence
Possible discharge.
The above penalties shall be subject to the following regulations:1.
An employee's record of absence without leave will be automatically cleared after a period
of six months without an offence.
2.
Each day of absence without prior permission can be considered one offence.
3.
As written into the Agreement if an employee is unavoidably prevented from reporting for
duty, he must give notice to his Supervisor at least two hours before his shift goes on duty.
If this notice is not given there shall be no other alternative than to consider that the
employee is absent without leave. If proper notice is given, it will remain within the
jurisdiction of the Supervisor to determine whether or not there is a bona fide reason for not
reporting for duty.
4.
Penalties imposed for absence without leave will be subject to review under Article 24
"Adjustment of Complaints" in the Agreement.
ARTICLE 28 - DISCIPLINE OF EMPLOYEES
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Disciplinary Measures
Depending upon the nature, repetition, and degree of the offence, the following penalties are to be
applied where necessary to secure proper conduct and discipline:
1. Personal reprimands by the Supervisor where he is satisfied by the offending employee that
the offence will not be repeated.
2. Suspension from work without pay for periods from 1 to 15 days according to the gravity of
the offence and the previous record of the employee concerned. Work suspension is only to
be applied in the case of a first serious offence or repeated minor ones, when it is felt that
proper conduct and discipline can be secured without resorting to the extreme penalty of
dismissal.
Any action taken under the two above clauses shall be reported by the Supervisor to the Director,
Generation.
Disciplinary Measures
In the event of action being necessary under clause 2, the Supervisor will discuss the matter with
the Director, Generation and the Shop Steward before taking final action.
ARTICLE 29 - CAUSES FOR DISCHARGE
The following can justify immediate discharge:
1.
Incompetence.
2.
Failure to report for work without bona fide reasons, or refusal to comply with Company
rules or disobedience in the line of duty.
3.
Dishonesty, or giving or taking a bribe of any nature as an inducement to obtaining work or
retaining a position.
4.
Disorderly conduct.
5.
Bringing or consuming intoxicants at the dam or on Company premises or reporting for duty
under the influence of any intoxicant.
6.
Deliberate destruction or removal of Company's or other employee's property; or gross
carelessness with respect to Company's buildings, materials, and equipment.
7.
Neglect of duty, sleeping on duty, or smoking in other than permitted areas, or other abuse
of smoking regulations.
8.
Gambling on Company premises.
Nothing contained in these rules shall be deemed to restrain or limit the Company's right to
discharge employees for just cause.
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ARTICLE 30- STATEMENT OF POLICIES
1.
Human Rights
The Company and Union subscribe to and support the following human rights principles:
The Company will not refuse to employ or refuse to continue to employ or discriminate against any
person in regard to employment or any term or condition of employment because of race, creed,
colour, age, sex, marital status, nationality, ancestry or place of origin of such person or employee
(age means any age of 18 years or more and less than 65 years).
2.
Salaried Employees
It is Company policy that the function of Management personnel is to manage. Therefore, salaried
employees will not perform manual work which will displace an hourly-paid employee except in
connection with instruction, experiment, or emergencies.
The following Letters of Agreement and Appendix's have been renewed and/or added
for the duration of this agreement:
Renewed with some changes:
• Appendix A - Compressed Work Week 12- Hour Shift Schedule
• Letter of understanding - Pension, insured benefits, wages and duration
The following has been added:
• Letter of understanding - Procedure for transition from a May 1 to April 30 vacation period
to a January 1 to December 31 vacation period as of January 1, 2016
fth
In witness whereof the parties have signed at Ottawa this
day of tfqrth
2015 that the
revision of the collective agreement reflects the changes made as per the Agreement in principle
signed and ratified in October 2014:
UNIFOR, Local 73
Luc Larocque
President, UNIFOR Local73
c:~
Ronald Girardin
National Representative, UNIFOR
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APPENDIX "A"
CHAUDIERE WATER POWER INC.
COMPRESSED WORK WEEK
12-HOUR SHIFT SCHEDULE
CHAUDIERE DAM
It is understood and agreed that the twelve (12} hour shift schedule will be applied based on the
following terms and conditions:
1.
a) Problems may be identified or may arise, which are not covered by this agreement, or
which were not contemplated at the date of signing this agreement. Should this occur, both
parties will meet to resolve the problem in the spirit of this agreement to the end that no
additional costs will be incurred by the Company.
b) Either party may cancel this agreement at any time with 30 days written notice.
c) Notwithstanding the above, should the efficiency on the Dam decrease, the Company
reserves the right to revert to the normal work schedule at the next change of shift rotation.
2}
Hours of Work
The hours of work shall be 7 a.m. to 7 p.m. and from 7 p.m. to 7 a.m.
3)
Premium Pay
a) The first day of the week (Sunday) will commence 7:00 a.m. Sunday as per schedule A,
see at end of letter.
b) Time and one half will be paid for the first 12 hours worked on Sunday (see a) above).
c) Time and one half will be paid for additional hours worked over his regular daily hours
(12) except when required to replace an employee for tardiness up to one (1) hour.
d) Double time will be paid for all hours worked in excess of twelve (12} hours on Sunday
(see a) above) except when required to replace an employee for tardiness up to one (1)
hour.
4)
Hourly Rates And Shift Differential
Effective May 1, 2014
Dam Operator
Dam Operator Assistant
CWPI Labour Agreement 2014 - 2018
?am to 7pm
7pm to ?am
$28.78
$27.50
$29.58
$28.30
(2%)
28133
Effective May 1. 2015
Dam Operator
Dam Operator Assistant
(2%)
Effective May 1, 2016
Dam Operator
Dam Operator Assistant
(2%)
Effective May 1, 2017
Dam Operator
Dam Operator Assistant
(2%)
$29.36
$28.05
$30.26
$28.95
$29.95
$28.61
$30.85
$29.51
$30.55
$29.18
$31.55
$30.18
Note: As reflected above, the 12 hour night shift premium is a blended rate and the new
rate will be equivalent to $0.80 per hour, $0.90 per hour as of May 1, 2015 and $1.00 as of
May 1, 2017.
5)
Scheduled Days Off
a) Refer to attached schedule on Pages 29 & 30.
b) The normal weekly hours of work shall be averaged over four (4) consecutive weeks: two
(2) weeks of thirty-six (36) hours and two (2) weeks of forty-eight (48) hours for an
average of forty-two (42) hours.
c) Shifts rotate in sequence.
d) Replacements must be available when required due to absenteeism caused by sickness,
accidents, etc. The replacements must come from employees who are on their
scheduled days off and all employees will cooperate to ensure that this requirement is
met (see attached schedule). This is in addition to the present obligation in the Collective
Agreement requiring an employee to cover for a fellow employee until such time as a
replacement is secured.
6)
Statutory Holidays
An employee will be paid as per current agreement.
7)
Bereavement Leave
Two (2) days of compassionate leave with pay (24 hours) in an eight (8) day period at his
regular straight time rate will be granted to an employee losing time from regular work to
attend the funeral of his immediate family (refer to current collective agreement for
definitions).
In the case of a spouse or child, the employee will be granted four (4) days and will be paid
for forty-eight (48) hours.
One (1) day of compassionate leave, paid on the basis of twelve (12) hours, the employee's
regular straight time rate, in an eight (8) day period, will be granted to an employee losing
time from regular work to attend the funeral of his brother-in-law or sister-in-law. To be
entitled to such leave of absence, the employee must have been on the payroll for at least
30 days.
CWPI Labour Agreement 2014 - 2018
29/33
8)
Vacation with Pay
Each week of vacation entitlement will be paid for on the basis of forty (40) times the
employee's classified rate at the time the vacation is taken or 2.4% of the gross earnings for
the previous year, whichever is the greater. Each week of vacation shall start on the first
shift of the employee's selected week.
9)
Floating Holidays
Three (3) floating holidays will be paid for at the rate of twelve (12) hours per floater taken.
10)
Jury Duty
An employee who serves as a juror or crown witness shall be paid the difference between
jury duty fees and his normal straight time daily earnings. Daily earnings will be based on a
regular twelve (12) hour shift.
11 )
Elections
For voting in the Federal, Provincial, Municipal and other elections, as designated by
statute, employees will cooperate to relieve their mates at premium time.
12)
Weekly Indemnity
Weekly Indemnity will be paid as outlined in our current Labour Agreement.
13)
Meal Allowance
Employees working two (2) hours or more beyond their regular 12 hour shift shall be
entitled to a meal allowance as per the current collective agreement.
SCHEDULE FOR CHAUDIERE DAM- Schedule A
4 WEEK REPEAT
WEEK#1
s
M
T
A
c
N
N
8
N
c
D
D
D
c
WEEK #2
w
c
N
D
c
D
T
F
s
s
c
N
N
N
N
D
D
D
c
c c
c
N
D
D
M
WEEK #3
T
w
T
c
N
N
D
c
D
N
F
s
s
M
T
w
D
D
c
D
D
c
D
c c
c
N
c
N
N
D
N
D
N
c
N
WEEK#4
F
s
s
M
D
D
D
c
D
c c
c
N
c
N
N
T
N
N
D
T
CWPI Labour Agreement 2014 - 2018
30/33
T
F
D
D
c c
c
N
N
D
D
N
c
N
D
c
Week starts at 07:00 a.m. Sunday morning. Therefore days are from 07:00 a.m. to 07:00 p.m.
D =Day Shift
N = Night Shift
C =On Call
Schedule provides continuous employment for eight (8) hourly-rated employees.
s
w
N
Letter of understanding - Compressed Work Week, 12-hour shift schedule
IN WITNESS WHEREOF, THE PARTIES HAVE SIGNED AT Ottawa Ontario
Original letter signed November 6, 2007 (renewed in 2012 with minor changes).
Renewed as above this 15th day of August 2014 with minor changes to 2012 version.
Mar Chodos
Director, Labour Relations
and Compensation
CWPI Labour Agreement 2014 - 2018
31/33
Letter of understanding that will be attached to the collective agreement 2014- 2018 between
Chaudiere Water Power Inc. and Unifor, Local 73.
Between
Chaudiere Water Power Inc. (the "Company'')
And
Unifor, Local 73 (the "Union")
Subject:
Procedure for transition from a May 1 to April 30 vacation period
to a January 1 to December 31 vacation period as of January 1, 2016.
Whereas the Company and the Union have agreed to change the vacation period from May 1st to
April 30th of each year to a vacation period from January 1st to December 31st of each year;
Therefore the parties have agreed to the following transition provisions regarding the changing of
the vacation period in Article 14 of the collective agreement:
A) VACATIONS
•
All vacation weeks allotted as of May 1, 2015 must be taken by all employees by December
31, 2015. The same principles described in the new language in Article 14.04 - Vacation
scheduling will be applied for the selection of vacations for this period, using the first week
of March 2015 as the first selection period and the first week of April for the second
selection period and so on.
•
All selection of vacation must be booked no later than the end of the second week of May
2015 after which time floaters, deferred holidays and other vacation entitlements for this
period will be booked on a first come first serve basis subject to the maximums provided in
the collective agreement.
•
All floaters, deferred holidays and other vacation entitlements for this period must be taken
by December 31, 2015.
•
All vacation accrued from May 1, 2015 to December 31, 2015 will be paid out in a lump sum
to eligible employees by January 31, 2016. Lump sum payments for vacations paid out will
not be included in the 2015 or 2016 gross earnings for employees used for the 2016 or
2017 vacation pay calculations.
•
On January 1, 2016 employees will be credited with the full vacation weeks to which they
are entitled on that day as per Article 14 of the collective agreement. This allotment will be
determined in advance so as to permit the scheduling of 2016 vacations which will begin in
September 2015, as per the process described in Article 14.
CWPI Labour Agreement 2014 - 2018
32/33
•
As of January 1, 2016, should an employee leave his employment for any reason during the
year, any vacation owed by or to the employee will be determined based on their last day of
employment with the Company.
B) FLOATING HOLIDAYS
• The new provisions listed in Article 13 - Holidays of the collective agreement will take effect
on January 1, 2016. Prior to that date, the language in Article 13- Holidays of the collective
agreement that expired on April 31, 2014 shall remain in effect.
Signed and Dated at Ottawa this 81h day of October 2014.
For Unifor, Local 73
L~q!~~
CWPI Labour Agreement 2014 - 2018
For Chaudiere Water Power Inc.
z/1/¢
Mark Chodos
33/33