COLLECTIVE AGREEMENT
BETWEEN
PRAXAIR CANADA INC.
NANAIMO, B.C.
AND
TEAMSTERS LOCAL UNION NO. 31
TERM: JUNE 1, 2005 – MAY 31, 2008
INDEX
ARTICLE 1 - BARGAINING AGENCY AND DEFINITION........................................ 1
ARTICLE 2 - UNION SECURITY............................................................................... 1
ARTICLE 3 - DEDUCTIONS OF DUES AND INITIATION FEES.............................. 2
ARTICLE 4 - UNION ACTIVITIES OF EMPLOYEES AND LEAVE OF ABSENCE.. 2
ARTICLE 5 - SHOP STEWARD ................................................................................ 3
ARTICLE 6 - WORK CLOTHES................................................................................ 4
ARTICLE 7 - UNION NOTICES................................................................................. 5
ARTICLE 8 - CONFLICTING AGREEMENT............................................................. 5
ARTICLE 9 - PROTECTION OF RIGHTS ................................................................. 5
ARTICLE 10 - TRANSFER OF TITLE OR INTEREST.............................................. 6
ARTICLE 11 - GRIEVANCE PROCEDURE .............................................................. 6
ARTICLE 12 - TECHNOLOGICAL CHANGE, RETRAINING & SEVERANCE ........ 8
ARTICLE 13 - JOB POSTING................................................................................... 9
ARTICLE 14 - PAY DAY AND PAY STATEMENTS ............................................... 10
ARTICLE 15 - ANNUAL VACATIONS .................................................................... 10
ARTICLE 16 - GENERAL HOLIDAYS .................................................................... 13
ARTICLE 17 - SENIORITY...................................................................................... 14
ARTICLE 18 - DAYS AND HOURS OF WORK AND OVERTIME .......................... 15
ARTICLE 19 - COMPENSATION COVERAGE....................................................... 17
ARTICLE 20 - TRUCK MAINTENANCE AND SAFETY ......................................... 17
ARTICLE 21 - LOSS OF BENEFITS....................................................................... 18
ARTICLE 22 - KEEP PROPER RECORDS ............................................................ 18
ARTICLE 23 - INSPECTION PRIVILEGES............................................................. 18
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ARTICLE 24 - SANITARY FACILITIES, ETC. ........................................................ 18
ARTICLE 25 - UNION LABEL................................................................................. 18
ARTICLE 26 - SAVINGS CLAUSE ......................................................................... 19
ARTICLE 27 - BONDING ........................................................................................ 19
ARTICLE 29 - MEDICAL EXAMINATIONS AND BACKGROUND CHECKS ........ 21
ARTICLE 30 - MANAGEMENT FUNCTION............................................................ 22
ARTICLE 31 - EATING AND REST PERIODS ....................................................... 23
ARTICLE 32 - EXPENSES...................................................................................... 23
ARTICLE 33 - WELFARE PLAN............................................................................. 23
ARTICLE 34 - LEGAL ACTION .............................................................................. 23
ARTICLE 35 - ARTICLE HEADINGS...................................................................... 23
ARTICLE 36 - APPENDICES .................................................................................. 24
ARTICLE 37 - TERM OF AGREEMENT ................................................................. 24
APPENDIX “A” ...................................................................................................... 25
APPENDIX “B” ...................................................................................................... 26
APPENDIX “C” ...................................................................................................... 27
LETTER OF UNDERSTANDING NO. 1 ................................................................ 28
Banking of Overtime .......................................................................................... 28
LETTER OF UNDERSTANDING NO. 2 ................................................................ 29
On Call Allowance.............................................................................................. 29
LETTER OF UNDERSTANDING NO. 3 ................................................................ 30
Drivers Licence Suspension............................................................................... 30
LETTER OF UNDERSTANDING NO. 4 ................................................................ 31
Cylinder Tractor Trailer Driver............................................................................ 31
ii
THIS AGREEMENT entered into this 20th day of July, 2005
BETWEEN:
PRAXAIR CANADA INC.
2515 McCullough Road
Nanaimo BC V9S 4M9
(Hereinafter referred to as the “Employer”)
AND:
TEAMSTERS, LOCAL UNION NO. 31
(Hereinafter referred to as the “Union”
Wherever the masculine gender is referred to in this Agreement it shall also mean
the feminine gender, singular shall mean plural and vice versa.
ARTICLE 1 - BARGAINING AGENCY AND DEFINITION
1:01
The Company recognizes the Union as the sole collective bargaining agency
of all employees as set out in the Certificate of Bargaining Authority.
1:02
The term “employee” as used in this Agreement shall apply to any person
performing work in any job that does not fall into the above exclusions.
1:03
All work within the bargaining unit shall be performed only by those persons
coming within the bargaining unit who are members of the Union as
prescribed herein, or who are eligible to become members under Article 3
herein except for the purpose of training, instruction, the installation and
original start-up of new equipment or in the case of emergency situations
where qualified employees are not available.
ARTICLE 2 - UNION SECURITY
2:01
The Employer agrees that all employees shall become a member of the
Union within seven (7) calendar days as a condition of employment. The
Union recognizes the right of the Employer to hire whoever they choose,
subject to the seniority provisions contained herein. The Employer shall,
however, give the Union the equal opportunity to refer suitable applicants for
new employment.
2:02
The Company will endeavour to use Teamsters’ goods or services whenever
costs are economically equal or advantageous.
Praxair Canada Ltd.
Company
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June 1, 2005 – May 31, 2008
Union
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2:03
The Company agrees that it will not subcontract out any work that will result in
the layoff of any employees in the bargaining unit.
ARTICLE 3 - DEDUCTIONS OF DUES AND INITIATION FEES
3:01
All employees shall be required by the Employer to sign a form authorizing
the Employer to deduct from each pay the equivalent of the amount
authorized as Union dues, initiation fees, fines or assessments by the
Constitution of the Union. Such authorization shall be irrevocable during the
term of this Agreement.
3:02
The Union shall on the first (1st) day of each month for that month, send in
duplicate to the Employer a check-off statement setting out the names of
employees and the amount of dues, initiation fees and fines or assessments
they owe to the Union.
3:03
The Employer shall then, during that month, deduct such amounts from the
employees listed thereon and also from any new employee subject to Article
3:01 herein, who started employment that month, whether on a casual, parttime or full time basis, an amount equivalent to the Union’s dues and add that
employee’s name and the dues deducted for the same to the statement sent
to the Employer by the Union.
3:04
The Employer agrees to remit such deductions by cheque by the tenth (10th)
of the month following the month in which the deductions are made to the
Secretary-Treasurer of the Union, together with a written statement of the
names of the employees for whom the deductions were made and the
amount of each deduction.
3:05
The Employer shall record on each employee’s T4 slip, the Union dues
deducted and submitted on behalf of the employee.
ARTICLE 4 - UNION ACTIVITIES OF EMPLOYEES AND LEAVE OF ABSENCE
4:01
The Company shall allow time off work without pay to a maximum of forty (40)
hours to any employee who is serving on a Union committee for purpose of
discussions with the Company, or serving as a Union delegate to any
conference or function, provided all requests for time off are reasonable and
do not interfere with the proper operation of the business, and there shall be
not more than one (1) employee in the bargaining unit absent at any one time.
4:02
Whenever an employee is unable to perform work as a result of an injury or
illness incurred either on or off the job, the Employer will automatically grant
leave of absence up to eighteen (18) months on production of an appropriate
doctor’s certificate or for such further period of time, if mutually agreed upon.
Praxair Canada Ltd.
Company
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June 1, 2005 – May 31, 2008
Union
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Page 2 of 31
Such an employee shall receive no pay during such leave of absence. The
provisions of this clause shall not apply to any employee who is unable to
perform work as the result of injuries sustained while committing a criminal
offence for which they has been found guilty by the Courts.
4:03
If an employee desires a leave of absence for reasons other than those
referred to above, they must obtain permission, in writing, for the same from
the Employer. No leave of absence will be granted to accept employment or
remuneration elsewhere.
4:04
When an employee suffers an injury or illness that requires their absence, the
employee shall report the fact to the Company as soon as possible, prior to
their actual starting time, so adequate replacement may be made if
necessary.
4:05
All time lost by an employee due to necessary attendance on jury duty or any
court proceedings arising out of their employment or in completing driver’s
tests or doctor’s examinations in connection therewith or subpoenaed as a
witness to any trial or hearing, shall be paid for at the rate of pay applicable to
said employee. Any employee on jury duty shall, subject to this provision,
make themselves available for work before or after being required for such
duty whenever practicable. All jury duty pay received by the employee from
the courts shall be reimbursed to the Employer.
4:06
Bereavement leave with pay shall be granted to a maximum of five (5) days
for members of the employee’s immediate family. Members of the immediate
family are defined as father, mother, stepfather, stepmother, father-in-law,
mother-in-law, wife, husband, brother, sister, brother-in-law, sister-in-law, son,
daughter, son-in-law, daughter-in-law and grandparents. The Company may,
at its discretion grant a leave of absence with pay for serious personal
matters up to a maximum of five (5) days.
4:07
Parental Leave as per Employment Standards: 51, 1), 2), 3), 4), & 5).
4:08
Employee to return to the employee’s former position following Parental
Leave.
ARTICLE 5 - SHOP STEWARD
5:01
The Union shall appoint a Shop Steward within the unit and shall notify the
Employer of his name.
5:02
The Shop Steward shall have no authority to alter, amend, violate or
otherwise change any part of this Agreement. The Shop Steward shall report
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
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Page 3 of 31
to the Union Officers and Management any alleged violation of this
Agreement.
5:03
The supervisor or manager shall recognize the Shop Steward as the
representative of the Union locally.
5:04
The Shop Stewards and/or an employee taking up grievances will be paid at
their regular hourly rate for their time spent discussing a grievance with the
appropriate Company representative, as provided by this Agreement, during
their regular working hours, on Company premises.
ARTICLE 6 - WORK CLOTHES
6:01
Where required, the Company shall provide the following:
(a) hard hats of a suitable type
(b) gloves of a suitable type
(c) leather or rubber aprons
(d) rubber boots
(e) additional protective equipment may be required for certain jobs.
6:02
For employees who require coverall or smock service, up to three (3) pair per
week, the Company agrees to pay the full cost of this service. The Company
agrees that if any employee is required to wear any kind of uniform as a
condition of their continued employment, the Company shall purchase such
uniform, at the standard required by the Company, and furnish it free of
charge to the employee. However, the employee will be required to maintain
the uniform as they would their own clothing (see Appendix “B”, attached).
6:03
The Company will provide metatarsal safety footwear as required for specific
classifications. Employees must receive prior permission from management
before purchasing approved safety footwear. New employees will be
reimbursed for safety footwear upon completion of the probationary period
and if they continue in the employ of the Company.
6:04
The care of equipment furnished by the Company to an individual employee
shall be the responsibility of that employee. Damage or loss through the
employee’s carelessness may be subject to disciplinary action.
6:05
The Company will supply reasonable rainwear protection for truck drivers.
6:06
The wearing of all Personal Protective Equipment shall be mandatory.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
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Page 4 of 31
ARTICLE 7 - UNION NOTICES
7:01
The Employer will provide an appropriate Notice Board exclusively for the
display of Union related information.
The following items must be posted on said Notice Board:
(a) a copy of this Agreement
(b) a valid Seniority List to be revised every six (6) months.
ARTICLE 8 - CONFLICTING AGREEMENT
8:01
The Employer agrees not to enter into any agreement or contract with the
employees covered by this Agreement, individually or collectively, which in
any way conflicts with the terms and provisions of this Agreement. Any such
agreement will be null and void.
ARTICLE 9 - PROTECTION OF RIGHTS
9:01
It shall not be a violation of this Agreement, and it shall not be cause for
discharge if any Employer or employees refuse to go through the legal picket
line of a Union, nor shall it be a violation of this Agreement to refuse to handle
or accept products or services from any company where a legal picket or
lockout exists.
9:02
The Employer may make safety regulations in keeping with the requirements
of the business; failure on the part of an employee to comply with such
regulations may warrant suspension or dismissal depending upon the severity
of the neglect, however, any action taken by the Employer in this respect shall
be subject to the Grievance Procedure.
9:03
The Union agrees to support the safety programs of the Company and the
employees agree to attend and participate in the Company’s safety meetings.
9:04
Effective January 1, 1989 the province of British Columbia has adopted the
National Safety Code that applies to all persons responsible for the operation
of commercial vehicles on the road. The employees support the Employer’s
efforts to comply with this Code and grant the Employer the right to request
proof of maintenance of necessary driver’s licenses annually or more
frequently if necessary.
Compliance to the Code is a condition of
employment and failure to comply may constitute grounds for dismissal or
suspension as the Employer sees fit, subject to the Grievance Procedure.
9:05
The Employer is required by law to ensure that any employee who handles
offers for transport or transports dangerous goods is certified. Therefore,
Praxair Canada Ltd.
Company
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June 1, 2005 – May 31, 2008
Union
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Page 5 of 31
certification through training provided by the Employer shall be a condition of
employment. Compliance to the National Safety Code is a condition of
employment and failure to comply may constitute grounds for dismissal or
suspension as the Employer sees fit, subject to the Grievance Procedure.
ARTICLE 10 - TRANSFER OF TITLE OR INTEREST
10:01 This agreement shall be binding upon the parties hereto, their successors,
administrators, executors and assigns. In the event the entire operation or
any part thereof is sold, leased, transferred or taken over by sales, transfer,
lease assignment, receivership or bankruptcy proceeding, such operation
shall continue to be subject to the terms and conditions of this Agreement for
the life thereof.
10:02 The Employer shall give notice of the existence of this Agreement to any
purchaser, transferee, lessee or assignee of all or any part of the business of
the Employer covered by this Agreement and shall advise any such
purchaser, transferee, lessee or assignee of the provisions of Section 53 of
the British Columbia Labour Code. Within seven (7) days of the closing of
any sale, transfer, lease or assignment of all or any portion of the business of
the Employer covered by this Agreement, the Employer shall notify the Union
of such sale, transfer, lease or assignment and provide the Union with a copy
of the notice herein before referred to.
10:03 Employees shall not use private vehicles for Company business.
ARTICLE 11 - GRIEVANCE PROCEDURE
11:01 Any complaint, disagreement or difference of opinion between the Company
and the Union or the employees covered by this Agreement concerning the
interpretation or application of the terms and provisions of this Agreement
shall be considered a grievance.
11:02 All grievances shall be resolved in accordance with the terms of this
Agreement without stoppage of work, cessation of work, refusal to work or
refusal to continue to work or slowdown.
11:03 If any employee who may request the assistance of a Shop Steward has a
grievance, it may be taken up in the following manner and sequence.
Step 1:
The employee who may request the assistance of a Shop
Steward shall discuss it personally with their immediate supervisor within
fifteen (15) working days after the circumstance(s) giving rise to the
grievance. The immediate supervisor’s decision shall be given within seven
(7) working days. Failing settlement, then:
Praxair Canada Ltd.
Company
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June 1, 2005 – May 31, 2008
Union
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Step 2:
Within thirty (30) working days or on a date mutually agreed
upon between the Company and the Union after the decision is given under
Step 1, the grievance may be submitted by the Union in writing to the
Company’s general manager or their representative and the nature of the
grievance, the remedies sought and the section or sections of the Agreement
alleged to have been violated will be set out in the grievance. An authorized
representative of the Union may be present, if required by either party. It is
understood the Company’s general manager or their representative may have
such counsel or assistance as they may desire. The Company’s decision will
be delivered in writing within ten (10) working days or a date mutually agreed
upon between the Company and the Union.
11:04 If no solution is concluded in Step 2, the grievance may be submitted to
arbitration and if no written request for arbitration is received within ten (10)
days after the decision under Step 2 is given, it shall be deemed to have been
settled.
11:05 The party requesting arbitration must, at the time the written request is made,
submit the names of three (3) Arbitrators to the other party. If the other party
disagrees with the suggestions it may submit the names of three (3) other
Arbitrators. Should the parties fail to select an Arbitrator, application may be
made by either party to the Labour Relations Board to appoint a person to act
as an Arbitrator. The decision of the Arbitrator selected will be final and
binding upon the parties.
11:06 The arbitration proceedings will be expedited by the parties hereto.
11:07 No person may be appointed as an Arbitrator who has been involved directly
in the controversy under consideration.
11:08 The Arbitrator shall not be vested with the power to change modify or alter
any of the terms of this Agreement. All grievances submitted shall present an
arbitrable issue under this Agreement and shall not depend or involve an
issue or contention by either party which is contrary to any provision of this
Agreement or which involves the determination of a subject matter not
covered by or arising during the term of this Agreement.
11:09 The expenses of the Arbitrator shall be borne equally by the parties to the
arbitration.
11:10 It is agreed that a grievance arising directly between the Company and the
Union may be submitted in writing within thirty (30) working days or at a date
mutually agreed on between the Company and the Union after the
circumstances giving rise to the grievance have occurred which shall be
Praxair Canada Ltd.
Company
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June 1, 2005 – May 31, 2008
Union
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Page 7 of 31
originated under Step 2 and the time limits set out with respect to that step
shall appropriately apply.
11:11 In any grievance involving the dismissal or suspension of any employee who
has completed their probationary period, such grievance may be settled
under the Grievance and Arbitration Procedures set out herein, by:
(a) Confirming the Company’s actions in dismissing or suspending the
employee, or;
(b) Reinstating the employee with full compensation for the time lost, reduced
by any outside earnings, or
(c) By any other lesser penalty or compensation which is reasonable in the
opinion of the parties or the Arbitration Board, if appointed.
11:12 Any discharged or suspended employee may, within seventy-two (72) hours
of their discharge or suspension in writing require the Company to give to
them the reasons for their discharge or suspension and the Company will give
such reasons to them in writing within seventy-two (72) hours of such request
and in the event of any dispute or difference as to whether or not there was
proper cause for the discharge or suspension of an employee only the
reasons so set forth in writing shall constitute cause.
11:13 The provisions of Section 96 (1) of the British Columbia Labour Code are
excluded in the cases of discharge or suspension.
11:14 An employee will receive a copy of any written reprimand or warning letter
placed in their file with a copy to the Union. Such written reprimand or
warning letter shall be issued forthwith and become a permanent part of the
employee’s personal work history for a period of twenty-four (24) months.
However, any incident causing such written reprimand or warning letter will be
disregarded after twenty-four (24) months providing the employee does not
receive another disciplinary notice of the same nature during that twenty-four
(24) month period.
ARTICLE 12 - TECHNOLOGICAL CHANGE, RETRAINING & SEVERANCE
12:01 If the Employer proposes the introduction of equipment in his operations
requiring specialized training, the Employer agrees to give first opportunity to
employees then on the payroll through the Job Posting procedures of this
Agreement to operate this equipment and/or train to operate the equipment,
provided the applicant qualifies with the requirements of an independent
aptitude test, if required by the Employer, cost of such test to be borne by the
Employer. Any employee taking such a test is entitled to know the results of
such test.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
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Page 8 of 31
12:02 The Employer agrees to notify the Union no less than three (3) months in
advance of the introduction of any new equipment that requires specialized
training or when it could result in a layoff.
12:03 The Employer agrees to work with the Union and with Canada Manpower in
order to arrange for training of employees whose jobs no longer exist as a
result of automation, but whose seniority entitles them to continued
employment. Such employees shall have the choice of taking the training
provided or of accepting a layoff.
12:04 Whenever there is a significant change in job content or working conditions,
the Company will meet with the Union to discuss the appropriateness of a
rate revision. If agreement cannot be reached, the matter may be processed
through the grievance procedure.
12:05 Full time employees with one (1) year or more of service, whose employment
is terminated as a result of technological change, or of closure of the whole or
any part of the operation, shall receive termination pay of one (1) week’s pay
for each year of service with the Employer.
12:06 Severance pay will not be applicable in the event of layoff of an employee
unless the layoff without recall exceeds a period of six (6) months.
12:07 However the employee may choose to retain recall rights in six (6) months
periods up to a total of one year for employees with less than five (5) years of
seniority and eighteen (18) months for employees with five (5) years or more
of seniority.
12:08 Severance pay for the year in which an employee terminates shall be prorated.
12:09 Any employee who has been on lack of work layoff for one (1) year or more
shall be removed from the Seniority List, and the Company shall be under no
further obligation to such employee unless the laid off employee has accrued
five (5) years or more seniority in which case seniority will be carried for
eighteen (18) months.
ARTICLE 13 - JOB POSTING
13:01 With respect to jobs performed by employees within the unit, in the event that
an employee leaves a job or a new job is created or new equipment is
installed, the Employer shall post a notice on the Bulletin Board notifying that
a vacancy exists in a particular job, giving details of the job, rates of pay, etc.
Employees desiring such job shall then apply, in writing, within three (3)
Praxair Canada Ltd.
Company
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June 1, 2005 – May 31, 2008
Union
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Page 9 of 31
working days of such posting, except that employees on vacation at such time
shall have the privilege of applying when they return. The senior qualified
employee applying must receive the job.
ARTICLE 14 - PAY DAY AND PAY STATEMENTS
14:01 All employees covered by this Agreement shall be paid on a weekly basis
with the pay and work week being defined as commencing at 12:01 a.m.
Thursday and ending 12:00 midnight Wednesday. Payday will be Thursday
for the previous week, as defined above, except for weeks on which Monday
is a holiday in which case it may be Friday.
14:02 The Employer shall provide every employee covered by this Agreement with
a separate or detachable written or printed itemized statement in respect of all
wage payments to such employee. Such statement shall set forth the total
overtime hours worked, either time and one half (1 1/2x) or double time (2x),
the rate of wages applicable and all deductions made from the gross amount
of wages.
14:03 If and when an error occurs on an employee’s pay and the amount is in
excess of four (4) hours straight time pay, the employee shall upon request
be issued a cheque within seven (7) days of the Employer being notified the
error occurred. All cheques issued under this provision shall have the
appropriate deductions taken off.
14:04 The Employer shall pay employees by direct deposit to the employees bank
account
ARTICLE 15 - ANNUAL VACATIONS
15:01 No later than January 15th of each year, the Employer shall post at each
branch a vacation list on the Bulletin Board and each employee in order of
seniority, shall make their initial two (2) week vacation selection and such
request must be completed by February 15th of each year. Once this is
done, each employee in order of seniority shall select their remaining
entitlement with all selections to be completed and posted by March 15th.
15:02 The Company’s final approved holiday schedule will be posted on the Union
bulletin board by March 15th.
15:03 During the weeks of July and August, employees will not be entitled to more
than two (2) weeks of their vacation entitlement unless there is no conflict, or
by agreement amongst other employees which is acceptable to the Employer.
Praxair Canada Ltd.
Company
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June 1, 2005 – May 31, 2008
Union
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15:04 A week of vacation means five (5) regular eight (8) hour days or four (4)
regular ten (10) hours days. Employees may request reduced vacation time
off as referred to above subject to management approval.
15:05 Employees shall be entitled to vacations with pay as set out below:
1 year of service
2 years of service
3 years of service
4 years of service
5 years of service
6 years of service
7 years of service
8 years of service
9 years of service
10 years of service
11 years of service
12 years of service
13 years of service
14 years of service
15 years of service
10 days
12 days
15 days
16 days
17 days
18 days
19 days
20 days
21 days
21 days
22 days
22 days
23 days
23 days
24 days
16 years of service
17 years of service
18 years of service
19 years of service
20 years of service
21 years of service
22 years of service
23 years of service
24 years of service
25 years of service
26 years of service
27 years of service
28 years of service
29 years of service
30 years of service
24 days
25 days
25 days
26 days
26 days
26 days
27 days
27 days
27 days
28 days
28 days
28 days
29 days
29 days
30 days
15:06 Pay for each week of vacation will be computed by multiplying the employee’s
regular straight time hourly rate by the number of hours in the employee’s
normal work week.
15:07 In order to qualify for vacation pay as set out above an employee must work a
minimum of 1500 hours in the qualifying period (the previous calendar year).
Employees who have worked less than 1500 hours shall be paid vacation pay
based upon four percent (4%) of the straight time wages paid to the employee
during the period January 1st to December 31st of the year just prior to the
year for which the vacation is given for each week of vacation due.
15:08 For the purpose of determining vacation entitlement in number of years, an
employee’s original date of hire shall be used.
15:09 On termination of employment, an employee will receive vacation pay
determined as mentioned above for vacations earned but not taken.
For the purpose of this paragraph as set out in 15:05 above, vacation
entitlement will be based on years of service from original date of hiring.
15:10 Once an employee’s vacation date has been established, the Company and
the employee agree not to change this date, except by mutual agreement.
Praxair Canada Ltd.
Company
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June 1, 2005 – May 31, 2008
Union
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15:11 Once an employees vacation has commenced, they shall not be called back,
except in case of an emergency. If an employee is on vacation or is off work
for any other reason and is called back to work, it shall be by mutual consent.
Also, if the employee suffers any travel expense created by the callback then
the Company will reimburse such expenses.
15:12 Vacation Plan
The following vacation plan applies to all new hire employees:
Vacation Schedule:
An employee must complete one (1) year of Company Service Credit to attain
initial vacation eligibility. After attainment of such eligibility and during the
remainder of that calendar year, the employee shall receive two (2) weeks of
vacation.
1.
During the calendar years in which an employee completes from two
(2) to four (4) years of Company Service Credit, the employee shall
receive two (2) weeks of vacation.
2.
During the calendar years in which an employee completes from five
(5) to nine (9) years of Company Service Credit, the employee shall
receive three (3) weeks of vacation.
3.
During the calendar years in which an employee completes from ten
(10) to nineteen (19) years of Company Service Credit, the employee
shall receive four (4) weeks of vacation.
4.
During the calendar years in which an employee completes from
twenty (20) to twenty-nine (29) years of Company Service Credit, the
employee shall receive five (5) weeks of vacation.
5.
During the calendar years in which an employee completes thirty (30)
or more years of Company Service Credit, the employee shall receive
six (6) weeks of vacation.
6.
An employee with ten (10) or more years of Company Service Credit
may carry forward to a succeeding year one (1) full week of the
employees current year vacation; maximum carry over of vacation –
one (1) week.
An employee with twenty (20) or more years of Company Service
Credit may carry forward to a succeeding year one (1) or two (2) full
weeks of the employee’s current year vacation; maximum carry over of
vacation – three (3) weeks.
7.
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Company
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June 1, 2005 – May 31, 2008
Union
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The amount paid to an employee for a week of vacation will be the
employee’s basic salary in effect at the time the employee goes on
vacation. This amount shall in no case be less than that provided by
the applicable statutory requirement; with the fourth, fifth and sixth
weeks are being paid at straight time rates.
ARTICLE 16 - GENERAL HOLIDAYS
16:01 It is agreed that all employees shall be entitled to the following General
Holidays with pay, regardless of the day on which they fall, i.e. an extra day’s
pay if it falls on a non-working day:
New Years Day
Good Friday
Thanksgiving Day
Boxing Day
Labour Day
Christmas Eve (1/2 day 4
hours)
Victoria Day
Remembrance Day
B.C. Day
Canada Day
Christmas Day
Floating Holiday
New Year’s Eve (1/2
day/4 hours)
16:02 The Employer shall post on the Bulletin Board seven (7) days prior to the
above mentioned holiday occurring, the names of the employees and which
day (either Friday or Monday) is assigned to each employee.
16:03 General Holiday pay will be computed on the basis of eight (8) hours at the
employee’s regular hourly rate for an employee working an eight (8) hour shift
or ten (10) hours pay for employees working a ten (10) hour shift.
16:04 Employees who are required to work a shift which commences at any time
during the General Holiday shall be paid the holiday pay plus double time (2x)
for all hours worked at the employee’s regular hourly rate.
16:05 It is agreed that the General Holiday will take place on the date specified as
the legal holiday by the Federal or Provincial Government.
16:06 In order to qualify for the General Holiday pay, the employee must work their
full scheduled shift on each of their working days immediately preceding the
General Holiday and immediately following the General Holiday concerned.
However, if absence is due to illness or an accident which commences or
terminates within thirteen (13) weeks preceding or following the General
Holiday, substantiated by a medical certificate, the employee will be paid for
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 13 of 31
the General Holiday if the employee is not entitled to payment under Workers’
Compensation, Weekly Indemnity program or Sick Leave Plan. General
Holiday pay will also be paid if failure to return to work is beyond the control of
the employee or if the employee is laid off within seven (7) days of the
General Holiday.
16:07 Any part time employee who worked a minimum of eighty (80) hours in the
four (4) week period prior to the week in which the General Holiday occurs,
shall receive the General Holiday at their highest rate of pay, providing the
holiday falls on what would normally be their work day.
16:08 In the event that a General Holiday falls within an employee’s vacation period,
the employee will be granted an extra day’s holiday with pay.
16:09 If during the life of this Agreement, the Federal or Provincial Government
declare or proclaim any other days than those listed herein as a holiday, then
employees shall receive such day off with pay as set out herein in 16:01
above.
16:10 The floating holiday shall be taken at a time mutually agreeable to the
Employer and the employee and may be taken in conjunction with regular
days off.
ARTICLE 17 - SENIORITY
The Employer recognizes the principle of seniority.
17:01 The Employee shall immediately and every six (6) months thereafter supply
the Union and Shop Steward with a seniority list setting out the name,
classification and date of employment of all employees. A copy of this list will
also be posted on the Bulletin Board as per Article 8. There will be separate
seniority lists at each branch on Vancouver Island
17:02 The successful applicant and/or new employee shall be given reasonable
instructions regarding the job for which the employee has applied and will be
allowed a reasonable training period. The employee shall be notified every
two weeks of their progress and may be returned to their former position by
the Company, within two (2) months due to unsatisfactory progress.
17:03 An employee will be considered on probation and will not be subject to the
seniority provisions of this Agreement until after the employee has completed
ninety (90) working days of employment with the Company. Upon completion
of such probationary period, the employee’s name will be placed on the
seniority list with the seniority dating from the date the employee commenced
employment.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 14 of 31
17:04
(a)
In the event of a work shortage for the purpose of layoffs and recalling
those to work who have been laid off, Company seniority will apply where
an employee has the ability and efficiency to perform any job on the
premises to which their seniority would entitle them.
(b)
In the event of a dispute as to whether the employees has the ability to
perform the work, they will be given a reasonable time period, not to
exceed twenty (20) working days on the job, to demonstrate their ability to
perform the work. If the employee is not successful, the employee will be
required to go on layoff and the Company can recall the less senior
employee who was bumped.
17:05 Seniority shall be lost if an employee:
(a)
Voluntarily leaves the employ of the Employer, or
(b)
Is discharged for cause, or
(c)
After a layoff, fails to report for work for five (5) working days after being
recalled by telephone and registered letter, or
(d)
The employee is absent for three (3) consecutive days that the employee
is scheduled to work without explanation that the Company deems
acceptable.
ARTICLE 18 - DAYS AND HOURS OF WORK AND OVERTIME
18:01 All Employees
The normal workweek shall be Monday through Sunday inclusive and the
normal working hours shall be eight (8) hours per day for five (5) consecutive
days or ten (10) hours per day for four (4) consecutive days.
18:02 The normal working hours shall be:
Week Days
8 hour Day Shift
Start: 6:00 a.m. – 10:00 a.m.
Finish: 2:30 p.m. – 6:30 p.m.
With one half (1/2) hour unpaid lunch period.
10 hour Day Shift
Start: 6:00 a.m. – 10:00 a.m.
Finish: 4:30 p.m. – 8:30 p.m.
With one half (1/2) hour unpaid lunch period.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 15 of 31
Other Employees
18:03 When an employee reports for work on the employee’s regular shift and has
not been notified by the Company not to so report, the employee shall work
and receive pay for their regularly scheduled straight time hours and shall be
paid for their regularly scheduled straight time hours.
18:04 If an employee fails to keep their Supervisor informed of the their correct
address and phone number, the Company shall be relieved of its
responsibility with the guarantee outlined above as it applies to the
employees concern.
18:05 Any changes to the hours of work shall be negotiated with the Union before
being added to the Agreement.
18:06 On an eight (8) hour shift, and hours worked in excess of eight (8) and up to
ten (10) in any one (1) day shall be paid for at the rate of time and one half (1
1/2x). Any hours worked in excess of ten (10) hours in any one (1) day shall
be paid at the rate of double time (2x). On a ten (10) hour shift, all hours
worked in excess of ten (10) hours shall be paid at the rate of double time
(2x).
18:07 Overtime shall be distributed on a seniority basis amongst those employees
concerned that normally perform such work.
18:08 Any employee required to work on their first scheduled day off shall be paid at
the rate of time and one half (1 1/2x) for the first four (4) hours and double
time (2x) thereafter.
18:09 Any employee required to work on their second and/or third scheduled day off
shall be paid at the rate of double time (2x) for all hours worked on that day.
18:10 Employees called out on a scheduled day off shall receive a minimum of four
(4) hours pay at the applicable overtime rates of pay, and senior employees in
the applicable categories shall be given first choice of such overtime work.
18:11 Any employee called back after their working day has been completed or on a
day off shall be paid the appropriate overtime rates as stipulated in 18:06
above, but, in any event, shall receive no less than four (4) hours pay at their
regular rate.
18:12 All meetings after working hours at the call of the Employer shall be at the
employees’ discretion unless the Employer classifies it as time worked and
pays for same.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 16 of 31
18:13 One and one-half times (1 1/2x) an employee’s basic hourly rate shall be paid
for the first shift performed following a shift change that occurs within sixteen
(16) hours of the end of an employee’s last scheduled shift.
ARTICLE 19 - COMPENSATION COVERAGE
19:01 When an employee is injured at work and goes on compensation, the
employee shall, when the Compensation Board signifies that the employee
may go to work, be returned to the payroll at the employee’s previous job and
rate of pay for a period of twenty (20) days to see if the employee is able to
do the job the employee held at the time of injury.
19:02 If after that time it is proven to the Employer the employee is unable to do the
job the employee held at the time of injury, the Employer will try to place the
employee in a job within the unit which said employee can do. If this is
impractical, then the employee shall be entitled to two (2) weeks’ notice and
severance pay at one (1) week per year of service. This Section is subject to
the Grievance Procedure. Severance pay for the year in which an employee
terminates shall be pro-rated.
ARTICLE 20 - TRUCK MAINTENANCE AND SAFETY
20:01 It is to the mutual advantage of both the Company and the employees that
employees should not operate vehicles that are not in safe operating
condition.
20:02 The Company, therefore, agrees to maintain vehicles in safe operating
condition and equipped with the safety appliances required by law. No
employee shall be required to take out on the streets or highways any vehicle
that is in unsafe operating condition or not equipped with the safety
appliances prescribed by law.
20:03 It is the responsibility of the employee to report any safety or mechanical
defects in the equipment, and it shall be the responsibility of the Company to
have the necessary repairs made to conform to the safe operation of the
equipment.
20:04 It is mutually agreed that a form shall be supplied to the driver on which to
report defects in equipment with sufficient copies so that the driver may retain
a copy, and so that the head office of the Employer will have a copy of this
report on file. When a driver reports a defect in equipment, the employee
must tag or mark the vehicle involved in such a manner so that any other
employee will notice the defective equipment. It shall be the Employer’s
responsibility to supply such tags or other marking devices. This tag to be left
on the vehicle in order to show the work has been completed and shall be
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 17 of 31
removed by the outgoing driver.
scheduled maintenance checks.
Company vehicles to have regular
20:05 Wherever reasonably possible, vehicles shall have installed steps or devices
to allow reasonable access to the body.
ARTICLE 21 - LOSS OF BENEFITS
21:01 No employee who, prior to the date of this Agreement was receiving more
than the rate of wages set out herein or working less hours than stipulated in
this Agreement shall suffer a reduction in wages or increase in hours worked
per week because of the adoption of this Agreement.
ARTICLE 22 - KEEP PROPER RECORDS
22:01 Each employee shall, subject to the control of the Employer, keep proper
records and make due and correct entries therein, of all transactions and
dealings of and in reference to the business of the Employer, insofar as the
same comes under their jurisdiction and shall serve the Employer diligently
and according to the best of their ability in all respects, and account for all
monies collected on behalf of the Employer.
ARTICLE 23 - INSPECTION PRIVILEGES
23:01 Authorized agents of the Union shall have access to the Company’s
establishments during working hours for the purpose of adjusting disputes,
investigating working conditions and ascertaining that the Agreement is being
adhered to. However, it is understood that on arrival at the Company’s
premises, such agents will immediately contact the manager or their
designate.
ARTICLE 24 - SANITARY FACILITIES, ETC.
24:01 The Employer agrees to maintain clean, sanitary washrooms having hot and
cold running water and waterless hand cleanser and towels in sufficient
quantity, with toilet facilities, and employees shall observe the simple rules of
cleanliness and good housekeeping in these facilities.
ARTICLE 25 - UNION LABEL
25:01 It shall not be a violation of this Agreement for an employee to post the
Teamsters’ Union Label on the glass area of the vehicle or equipment the
employee is operating, providing that the employee receives management’s
permission as to size and location of the said Union Label.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 18 of 31
ARTICLE 26 - SAVINGS CLAUSE
26:01 If any Article or Section of this Agreement should be held invalid by operation
of law or by a tribunal of competent jurisdiction, or if compliance with or
enforcement of any Article or Section should be restrained by such tribunal,
pending a final determination as to its validity, the remainder of this
Agreement, or the application of such Article or Section to persons or
circumstances other than those as to which is has been held invalid or as to
which compliance with or enforcement of has been restrained, shall not be
affected thereby.
26:02 In the event that any Article or Section is held invalid or enforcement of or
compliance with which has been restrained, as above set forth, the Parties
affected thereby shall enter into immediate collective bargaining negotiations,
for a satisfactory replacement for such Article or Section during the period of
invalidity or restraint. If the parties do not agree on a mutually satisfactory
replacement, they shall submit the dispute to the procedure as outlined in
Article 11 herein.
ARTICLE 27 - BONDING
27:01 If, at any time, the Employer requires any employee hereunder to be bonded,
it is agreed that the Employer shall then request the employee to fill in an
application to be recognized by a bonding firm selected by the Employer. If
the bonding company selected by the Employer refuses to bond the
employee, such employee may select any bonding company licensed to do
business in the Province of British Columbia. It is further agreed that the
Employer shall pay the costs of such bonding. If an employee cannot be
bonded, the Employer may discharge the employee forthwith.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 19 of 31
ARTICLE 28 - WAGE RATES, ETC.
28:01 Wage Schedule
June 1, 2005
June
2006
1, June
2007
Cylinder Truck Driver
24.63
25.12
25.62
Counter Sales
24.63
25.12
25.62
Filling Plant Operator
24.63
25.12
25.62
General Help
18.47
18.84
19.22
1,
Progressive wage rates for new hires:
75% first six months
85% next three months
100% after 9 months
28:02 Present employees shall be given credit for their full length of service in the
classification with the Employer to determine which wage bracket is
appropriate.
28:03 In addition, if an employee transfers to another category, the employee will
not suffer a reduction in rate and will move to the next step up after the
appropriate time in the new category. The exception to this will be where
their rate exceeds the substantive rate to be paid after six (6) months in which
case the employee’s rate will be reduced to the substantive rate.
28:04 Employees hired with previous experience in the compressed gases industry
will be given credit for their experience in determining their applicable rate to
a maximum of ninety percent (90%) of substantive rate for six (6) months; full
rate thereafter.
28:05 Any employee who is required by the Company to temporarily perform work
of a lower classification shall not receive a reduction in wages or salary, but
employees performing a higher rated job, if only for one (1) hour shall receive
the higher rate of pay for all such time.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 20 of 31
28:06 Employees scheduled to work the afternoon shift shall receive a premium of
$1.00 per hour for all hours worked with no duplication or pyramiding of
premium pay for the afternoon shift.
28:07 General Help employees can be hired for a period of up to ninety (90) working
days and will be notified as such. For each period of employment sixty
calendar days must have lapsed before a General Help employee can be
rehired. The use of outside agencies (such as Manpower) would not be
acceptable.
ARTICLE 29 - MEDICAL EXAMINATIONS AND BACKGROUND CHECKS
29:01 Any medical examination requested by the Employer shall be promptly
complied with by all employees provided, however, that the Employer shall
pay for all such examinations.
When a medical examination is required by the Employer, the following
conditions shall apply:
(a)
If an employee takes a medical examination during their normal
working hours, the employee shall be paid for the time involved and
thus not lose any pay as a result of taking a medical examination.
(b)
If the medical examination is taken after working hours or on
Saturdays, the employee shall be paid three (3) hours’ pay at the
straight time rate of pay.
29:02 If, following an Employer requested medical examination, an employee is
deemed to be physically incapable of carrying out their regularly assigned
duties, the following procedure shall be followed:
(a)
The Employer shall notify the Union of the medical findings in respect
to the employee. Should the Union or the employee disagree with said
findings, the employee, at their own expense, shall have the right to be
examined by their personal physician.
(b)
Where there is no agreement between the Employer appointed
physician and the employee’s physician on the condition of the
employee, the two (2) physicians shall select a medical consultant to
examine the employee.
(c)
The findings of the consultant shall be final and binding upon all
parties.
(d)
The remuneration of the consultant shall be borne equally by the
Employer and the Union.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 21 of 31
(e)
Should the consultant deem the employee to be capable of carrying on
the assigned duties, then the employee shall not suffer any loss of
earnings caused by their having been removed from or temporarily
suspended from their employment.
29: 03 In addition to the above procedure on Employer required medical
examinations, the Employer agrees that where any employee who drives a
motor vehicle in the course of their employment coming under Sections 1 and
5 of the Motor Vehicle classification licenses is required by any agency,
insurance or whatsoever, to take a medical examination to verify their right to
drive such motor vehicle coming under the aforesaid Sections 1 to 5 or to
obtain an Air Ticket, the Employer hereunder shall, where same is not paid for
by any part of the Welfare Plan under which the employee is covered, pay for
such medical examinations.
29:04 When an employee transfers to a position that requires a Security
Background Check, the employee concerned will be advised in advance of
the check. In the event of an adverse security check the employee will be
returned to his/her previous position without loss of seniority. The Company
will only subject employees to Security Background Checks for bona fide
reasons which will be subject to the provisions of the Grievance Procedure.
ARTICLE 30 - MANAGEMENT FUNCTION
30:01 The Union recognizes that the management of the plant and direction of the
working forces are fixed exclusively in the Company, and without restricting
the generality of the foregoing; the Union acknowledges that it is the exclusive
function of the Company to:
(a)
Maintain order and efficiency.
(b)
Hire, retire, discharge, direct, classify, transfer, layoff, recall and
suspend or otherwise discipline employees, provided that if an
employee has been discharged or disciplined without just cause, a
grievance may be filed and dealt with in accordance with the
Grievance Procedure.
(c)
Make and enforce and alter from time to time rules and regulations to
be observed by the employees.
(d)
Determine the nature and kind of business conducted by the
Company, the kinds and locations of equipment and materials to be
used, the control of materials and parts, the methods and techniques
of work, the schedules of work, number of personnel to be employed,
the extension, limitation, curtailment or cessation of operations and to
determine all other functions and prerogatives herein before vested in
and exercised by the Company which shall remain solely with the
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 22 of 31
Company except as specifically limited by the express provisions of
this Agreement.
30:02 The Company agrees that any exercising of these rights and powers in
conflict with any provisions of this Agreement shall be subject to the
provisions of the Grievance Procedure.
ARTICLE 31 - EATING AND REST PERIODS
31:01 No employee shall be worked longer than five (5) hours without at least a half
(1/2) hour off for the purpose of eating a meal. Any employee who works a
minimum of two (2) hours overtime immediately following the normal workday
or after eight (8) hours on Saturday or Sunday shall receive a meal allowance
of twelve dollars and fifty cents ($12.50). This allowance shall be paid on the
regular paydays. Employees shall not be paid for time off for purposes of
eating a meal. All employees shall receive two (2) coffee breaks of fifteen
(15) minutes duration each day.
ARTICLE 32 - EXPENSES
32:01 Employees required to stay away from home overnight shall be reimbursed
within a timely manner for all expenses incurred (i.e. fares, meals, lodging or
other reasonable expenses).
ARTICLE 33 - WELFARE PLAN
33:01 As attached in Appendix “A” herein.
ARTICLE 34 - LEGAL ACTION
34:01 When charges are laid against an employee of the Employer when such
employee is in charge of an Employer’s vehicle or performing work for the
Employer and that charge is defeated in a Court of Law, the Employer shall
reimburse the employee for the time lost due to the Court appearance and
also the employee’s legal fees involved. If the employee is found guilty and
charged with the offence, the conviction itself may constitute grounds for
dismissal or suspension, subject to the Grievance Procedure.
ARTICLE 35 - ARTICLE HEADINGS
35:01 The Article headings shall be used for purposes of reference only and may
not be used as an aid in the interpretation of this Agreement.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 23 of 31
ARTICLE 36 - APPENDICES
36:01 The attached Appendices “A” , “B” and “C” shall form and be an integral part
of this Agreement.
ARTICLE 37 - TERM OF AGREEMENT
37:01 This Agreement shall be for the period from June 1, 2005 to and including
May 31, 2008. . Either party to this Agreement may, within four months
immediately preceding May 31, 2008 give to the other Party written notice to
commence collective bargaining.
37:02 Section 1
After expiry of the term of this Collective Agreement and subject to the
limitations necessarily resulting from the exercise of the rights of the Parties
under Part 5 of the Labour Relations Code including the right to strike or
lockout, the terms and conditions of employment as set out in this Agreement,
will be observed and not varied, accepted by the Parties’ mutual consent
during the period that the Union remains the bargaining agent for employees
identified in this Agreement. The parties agree that Section 50 of the Labour
Relations Code shall be excluded.
SIGNED THIS _______ DAY OF ______________________, 2005
FOR THE COMPANY
Praxair Canada Ltd.
Company
__________
FOR THE UNION
June 1, 2005 – May 31, 2008
Union
________
Page 24 of 31
APPENDIX “A”
PRAXAIR CANADA INC. GROUP INSURANCE PLAN
COVERAGE
B.C. Medical
100% Employer
Weekly Indemnity
100% Employer
In order for employees to qualify for the benefit plans, employees must be
employed as full time regular employees or scheduled to work for twenty (20)
hours or more of regular hours per week. Employees can access the benefit
coverage on the first day of the second month following hire except for LTD
coverage that commences six (6) months from the date of hire.
Weekly Indemnity, 75% of employee’s earnings up to a maximum of $750.00
per week, for a maximum of seventeen (17) weeks, on the first day of an
accident or the fourth day of an illness (subject to a medical certificate).
In the case of illness claims, the Employer will pay full straight time wages lost
during the first three (3) days of illness, only upon verification by medical
certificate, if more than three cases of illness have occurred in any calendar
year, for an individual employee.
The Employer shall pay the full premium cost to provide the above coverage
for all employees.
All other benefits shall be as per the proposed Flex Plan.
The level of “Flex Dollars” allocation will not be reduced during the term of this
Collective Agreement and shall be sufficient to provide a minimum coverage
under the Praxair Flex Benefit Plan as follows:
1.
2.
3.
4.
5.
Extended Health
Dental
Long Term Disability
Accidental Death & Dismemberment
Employee Life Insurance
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Moderate
Moderate
Employee Paid
2x Flex Salary
2x Flex Salary
Page 25 of 31
APPENDIX “B”
UNIFORM POLICY
The Company wishes to portray a neat and tidy image by employees who come into
contact with its customers. Therefore, such employees as truck drivers; warehouse
and service personnel shall be outfitted with appropriate work clothes.
The clothes will be purchased by the Company and furnished free of charge to
specified employees. The employees will be required to maintain the uniforms as
they would their own clothing and present themselves for work daily in fresh looking
garments.
Clothing issues will be as follows:
Items
New Issue
Annual Replacement
Shirts
Pants
Winter Jacket
Summer Jacket
4
3
1
1
2
1
Every other year.
Every other year.
Garments destroyed through normal wear and tear or due to unavoidable
circumstances will be replaced by the Company at its discretion. Garments
destroyed through negligence or carelessness shall be replaced at the employee’s
expense.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 26 of 31
APPENDIX “C”
TEAMSTERS LOCAL NO. 31 UNION/INDUSTRY ADVANCEMENT FUND
Effective June 1, 1995 the Employer shall make contributions of five cents (5¢) per
hour paid on a scheduled straight time basis for each employee covered by this
Agreement.
Payments will be made to the Union Industry Advancement Fund as follows:
January 1996 for hours as defined above worked between June 1, 1995 and
December 31, 1995 and subsequently each year.
July:
for hours as defined above worked between January and June
January:
for hours as defined above worked between July and December
These payments will be independent and separate from any other payments
made to Teamsters Local Union No. 31.
Praxair Canada Ltd.
Company
__________
June 1, 2005 – May 31, 2008
Union
________
Page 27 of 31
LETTER OF UNDERSTANDING NO. 1
BETWEEN:
PRAXAIR CANADA INC.
AND:
TEAMSTERS LOCAL UNION NO. 31
Banking of Overtime
It is agreed that employees may bank up to forty (40) hours of overtime in a calendar
year under the following terms and conditions:
1.
Overtime that is banked shall be credited in terms of hours, and when taken
as time off, shall be paid out at the same hourly rate as banked. When an
employee leaves the Company, all banked hours shall be paid out in total.
2.
Banked hours cannot be taken during the prime vacation period (June 1st –
August 31st and December 21st –31st).
3.
Any unused banked overtime shall be paid on the last day of the calendar
year at the same overtime rate (2x or 1-1/2x) as it was worked.
4.
The Company will keep a record of all banked overtime that will be available
for perusal by the employee.
Example of Banked Hours
• 1 hour at 1-1/2 times • 1 hour at double time •
1-1/2 hours banked
2 hours banked
SIGNED THIS _______ DAY OF ______________________, 2005
FOR THE COMPANY
Praxair Canada Ltd.
Company
__________
FOR THE UNION
June 1, 2005 – May 31, 2008
Union
________
Page 28 of 31
LETTER OF UNDERSTANDING NO. 2
BETWEEN:
PRAXAIR CANADA INC.
AND:
TEAMSTERS LOCAL UNION NO. 31
On Call Allowance
When it is necessary to have employees “on call” during their off duty hours, the
Employer will pay a weekly On Call Allowance of one hundred and fifty dollars
($150) whether they are called out or not. The first employee to be on call will be the
Respiratory Therapist. The senior employee’s in the applicable category who
volunteer will be called next and if there are no volunteers, employee’s will be on call
by reverse seniority.
The On Call Allowance would be in addition to the overtime rates of pay for time
worked when an employee is called out as spelled out in Article 18.
SIGNED THIS _______ DAY OF ______________________, 2005
FOR THE COMPANY
Praxair Canada Ltd.
Company
__________
FOR THE UNION
June 1, 2005 – May 31, 2008
Union
________
Page 29 of 31
LETTER OF UNDERSTANDING NO. 3
BETWEEN:
PRAXAIR CANADA INC.
AND:
TEAMSTERS LOCAL UNION NO. 31
Drivers Licence Suspension
Any person employed in a job classification requiring a drivers license who has such
license suspended for non-work related reasons will be reclassified to other work if it
is available, and provided the employee is willing and capable of performing such
work, and further provided it will not result in the displacement of any employee in
another job classification. If no reclassification is made, the employee will be
granted a leave of absence without pay or benefits for a period not to exceed twelve
(12) months.
This procedure will only be applied once during an employee’s service with the
Company.
The above reclassification or leave of absence will not be granted if the employee is
discharged and the reason(s) for such discharge is/are related to the reason(s) the
drivers license was suspended.
SIGNED THIS _______ DAY OF ______________________, 2005
FOR THE COMPANY
Praxair Canada Ltd.
Company
__________
FOR THE UNION
June 1, 2005 – May 31, 2008
Union
________
Page 30 of 31
LETTER OF UNDERSTANDING NO. 4
BETWEEN:
PRAXAIR CANADA INC.
AND:
TEAMSTERS LOCAL UNION NO. 31
Cylinder Tractor Trailer Driver
In order to maximize the utilization of the tractor trailer unit, a regularly scheduled
start time for the drivers may be worked outside of the normal operating hours set
out in 18:02 of the Collective Agreement. Such start times will be determined
mutually by the Union and the Company.
In the event that no agreement is reached, the Union recognizes the right of the
Company to establish the new start time. The Union will retain the right to grieve the
implementation of the schedule.
No shift premium or pyramiding of overtime shall e paid with the introduction of a
new shift schedule.
SIGNED THIS _______ DAY OF ______________________, 2005
FOR THE COMPANY
Praxair Canada Ltd.
Company
__________
FOR THE UNION
June 1, 2005 – May 31, 2008
Union
________
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