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The following conditions shall apply to work
performed in the province of Quebec.
3.02 New Employees
(a) (i) The Employer agrees to engage employees through the
services of the Council as hereinafter described. The Council
shall maintain at a designated office a current List of Persons
seeking employment and their qualifications, addresses and
telephone numbers. Prior to hiring a new employee, the Employer
shall, when possible, contact the designated office and give
preference to hiring the qualified members on the list. A
telephone reference shall be sufficient.
(ii) The Steward shall be one of the first three employees
rehired within their classification.
3.03 (b) The Employer shall be entitled to hire and train
persons for work as technicians or trainees although such
persons may not, at the time of hiring, be members of one of the
affiliated Unions. However, following the hiring of any employee
within the scope of this Agreement who is or who is not a member
of one of the affiliated Unions, the Employer shall advise the
designated Council office of the new employee(s) no later than
the next business day and provided each new employee(s) is not a
member of one of the affiliated Unions he/she may be employed
for a probationary period of thirty (30) days for new employees
during which period he/she may be disciplined or discharged
without recourse to the grievance procedure. The foregoing
probationary periods may be satisfied by thirty (30) worked days
for the same Employer within a period of six (6) consecutive
months. Following completion of the probationary period, or
within ninety (90) days of the signing of this Agreement, all
employees shall be required to apply for membership in one of
the affiliated Unions as hereinafter described.
ARTICLE VI - WORK DAY & WORK WEEK
6.01 The normal work week shall be forty (40) hours;
however, this shall not be construed as a guarantee of hours of
work per day or per week, or of days of work per week except as
provided for in Article XI and standby time.
6.02 Overtime rates shall apply for all work performed
beyond eight (8) hours in any normal shift.
6.03 The normal shifts shall be as follows:
(a) A normal shift will be any shift commencing at/or between
the hours of 6:00 a.m. and 1:00 p.m. as required. There will be
a thirty (30) minute unpaid lunch break and a ten (10) minute
paid coffee break for each four (4) hours worked.
(b) A Shift Premium of fifteen percent (15%) of the employee's
straight time base rate will be added to the employee's wages
for all hours worked on any shift commencing at times other than
described above.
(c) A shift commencing at 10:00 p.m. or later on a given day
will be considered to have started on the following day.
(d) On work performed on site as part of new construction or
revamp work covered by an on-site building trades agreement,
where an employee is required to work on one (1) shift for more
than five (5) days, if the employee's shift is changed, from one
shift to another shift, with less than twenty-four (24) hours'
notice he shall be paid at the applicable overtime rate for the
first shift worked on the new schedule.
Flexible work week
However, where a flexible work week has been agreed between
the Employer and the QCCC Area Representative, four (4)
consecutive ten (10) hour normal shifts Monday through Friday,
overtime shall be paid after ten (10) hours. Time and one-half
(1-1/2) shall be paid for the first two (2) hours per day and on
the first twelve (12) hours on a fifth working day, with double
time (2X) thereafter. In such cases where a recognized holiday
falls during a flexible work week overtime shall be paid after
thirty (30) hours worked. (Saturday and Sunday as per the
Collective Agreement.)
ARTICLE VII - OVERTIME
7.01 (a) Overtime work performed shall be paid for under the
following provisions:
Monday through Friday Time and one-half (1½) shall be
paid for the first two (2) hours with double (2X) time
thereafter before the addition of shift differential where
applicable.
Saturday Time and one-half (1½) shall be paid for the
first eight (8) hours with double (2X) time thereafter before
the addition of shift differential where applicable.
Sunday Double (2X) time shall be paid for all hours
worked before the addition of shift differential where
applicable.
Recognized Holidays Double (2x) time shall be paid for
all hours worked.
(b) On work performed on-site as part of new construction or
revamp work covered by an on-site building trades agreement, or
as part of a maintenance project covered by a United Association
or Boilermaker agreement to the extent that that agreement
requires double time, the overtime rate shall be double time.
The overtime rate shall also be double (2x) time where the work
is performed in a fabrication shop or industrial plant in which
the regular employees are paid double (2X) time for all
overtime.
7.02 If an employee is required by the Employer to return to
work before an eight (8) hour break occurs, he will be paid the
applicable overtime rate.
7.03 Maximum overtime rates not to exceed one and one-half
(1½) times regular rates on field pipeline work of a duration
greater than three (3) days except on a pipeline built under the
United Association Pipeline Agreement for Canada under "The
Pipeline Service and Maintenance Agreement" and the "UA
Distribution Agreement", while those agreements have been
amended to provide for double (2x) time for overtime for Sundays
and Statutory holidays.
7.04 When an employee works more than ten (10) hours, a free
meal (hot when possible) and beverage will be provided by the
Employer immediately after the conclusion of ten (10) hours, and
at each four (4) hour intervals thereafter. The employee shall
be allowed a thirty (30) minute meal break and shall be
compensated at the applicable rate of pay.
It has been agreed that Article 7.04 does not apply to pipeline
work or to work where an employee has been told prior to his
dispatch to a job that the hours of work will exceed ten (10)
hours per day and the employee and the Employer have agreed to
an allowance in lieu of expense and meal allowance claims.
When such meals are not provided the employee so affected shall
receive a meal allowance in the amount of, seventeen dollars and
fifty cents ($17.50) in lieu of such meal but will be entitled
to have a coffee break.
ARTICLE IX - EXPENSES, TRAVEL AND STANDBY TIME
9.01 When an employee is required to report for work in the
Employer's shop he shall not receive any compensation for the
time spent in travel to and from his residence.
9.02 When an employee is required to report for work to a
job away from the Employer's shop and the job is located in an
area where the employee can commute daily between his normal
place of residence and the job, he shall be paid his applicable
rate of pay for the time spent in commuting. In all such cases,
the time spent in travelling shall be measured as follows:
(a) Where a fixed travel time allowance has been negotiated for
the project between the owner or general contractor and the
Boilermakers or the United Association, the greater of those
shall be paid provided it is known before the NDT bids are
submitted.
(b) In all other cases as follows:
(i) from the Employer's shop to which he was assigned on hire
provided that with respect to a construction project for the
purposes of this clause the shop must have been established one
(1) year before the job was contracted or
(ii) from the municipal office in the municipality in which the
employee is domiciled, whichever is the lesser.
Where the Employer does not have a local shop, the travel time
shall be paid from the employee's home.
9.03 When an employee is required to report for work to a
job away from the Employer's shop and the job is located in an
area where the employee cannot reasonably commute daily to his
normal place of residence, he shall be paid his regular rate of
pay for the time spent in travelling as follows:
(a) Move-in and Move-Out at the commencement and
conclusion of his work on the project, for travelling time from
the employer's shop or agreed point of hire, as the case may be,
to a maximum of eight (8) hours per day on a combination of air
and taxi transportation. This travel time shall be considered as
time worked and overtime rates shall apply where applicable.
(b) Daily Travel he shall travel to and from the
assigned living accommodation on the Employer's time.
When an employee is moving the Employer's vehicle or is being
paid mileage allowances to drive his own vehicle to and from a
job site the time spent in travel shall be considered as time
worked.
9.04 A standby day is a day for which work was scheduled but
not performed at the direction of the customer. The employee
shall be paid five (5) hours' pay at the applicable rate for a
standby day where approved in writing by the customer; provided
that where an employee is required to remain at the work site
and that requirement is approved in writing by the customer, the
day shall be a regular work day and not a standby day even
though no work is performed. An employee shall not be entitled
to payment under both Article 9.04 and Article XI.
9.05 Employees will be reimbursed for travel expenses to and
from the Employer's shop to the job site as directed on the
following basis:
Public Transportation at reasonable actual cost
substantiated by receipt;
Employee's car:
Employees who are requested to and agree to use their
personal vehicle will be reimbursed at a rate equal to the
current average CRA guidelines. This allowance is currently $.47
per km.
No employee shall be discharged for refusing to drive his own
vehicle for transportation from the Employer's shop to the job
site.
The on-site offices or trailers shall not be considered as the
Employer's shop except for jobs where employees are being paid
living expenses according to Article 9.06 or 9.07.
9.06 Room, board and travel expenses for an employee who
cannot reasonably return daily to his normal place of residence
shall be paid as follows:
(a) Where camp accommodation is provided, no subsistence
allowance will be paid to any employee.
(b) Where no camp accommodation is available, the Employer shall
provide room and board as follows:
(i) in a customarily acceptable hotel or commercial lodging;
(ii) or a daily subsistence allowance will be paid as follows:
May 1, 2006: $110.00 - $70.00 per night in hotel plus $40.00 per
working day for meals
May 1, 2007: $115.00 - $75.00 per night in hotel plus $40.00 per
working day for meals
May 1, 2008: $120.00 - $75.00 per night in hotel plus $45.00 per
working day for meals
Meal allowance portion of the LOA be linked to CRA
guidelines.
The employee may elect (ii) instead of (i) provided he makes
communication arrangements satisfactory to the Employer and
provided that does not increase the Employer's travel time
liability.
(c) On pipeline projects not covered by APPENDIX
F, Article 9.06 will apply.
9.08 Notwithstanding the provisions of Articles 9.02 and
9.03(b) on pipeline projects the time of the shift shall start
when the men leave the warehouse for the job site and shall end
at quitting time on the job site; however the lunch period shall
be excluded. Should the trip to the warehouse at the end of the
shift exceed one-half (½) hour the Employer shall pay the
equivalent of one-half (½) hour at straight time rates for each
thirty (30) minutes or portion thereof travelling in excess of
thirty (30) minutes.
9.09 At no time will an employee be required to use his own
money to provide his own room and board when working away from
his normal place of residence on the direction of the Employer.
9.10 Notwithstanding the express provisions of Article 9.02
and 9.03 employees when being compensated for the time spent in
travel (company or employee's vehicle) shall receive pay
computed on straight time rates and the travel time shall not be
counted for the purpose of computing overtime. Providing that
after a day in which the total hours of work and travel exceed
twelve (12) hours, the employee shall either stay overnight or
be paid time and one-half (12) for return travel hours. The
employee has the right to refuse to drive after twelve (12)
hours in day.
When an employee is on a job where room and board expenses are
not being covered as per Article 9.06, travel time shall be paid
at a maximum of 1.5 times his regular rate where the combination
of work and travel time exceeds 8 hours per day.
ARTICLE XI - REPORTING FOR WORK
11.01 An employee reporting for work at the scheduled
starting time, unless notified the previous day not to report,
and for whom no work is available shall receive four (4) hours'
pay at the applicable rate. An employee who is only paid four
(4) hours' pay for each of three (3) scheduled days may,
commencing with the third day, request and be granted his
termination papers.
11.02 An employee reporting for work and commences work and
is then sent home by the Employer during his first half shift
shall receive not less than four (4) hours' pay for the period
spent at work.
An employee who has completed the first half of his shift and
reports for work and commences work on the second half of his
shift and is then sent home by the Employer shall receive not
less than eight (8) hours' pay for the entire shift. This
paragraph does not apply to work in fabrication shops.
ARTICLE XII - RECOGNIZED HOLIDAYS
12.01 (a) The holidays shall be as follows:
New Years Day
Good Friday
Victoria Day
June 24, St. Jean de Baptiste Day
Canada Day
Labour Day
Thanksgiving Day
Remembrance
Day
Christmas Day
Boxing Day
1 Floater
(b) Payment for such holidays shall be by way of an addition of
four percent (4%) of gross earnings paid on each pay cheque.
(c) If an additional holiday with pay is declared by the Federal
or Provincial Government the floater shall be observed on that
day.
12.02 If any of the said holidays falls on other than a
working day then the holiday will be celebrated on what would
otherwise be the preceding or following working day subject to
the customer's requirements.
12.03 The employees who work on any of the above-noted
holidays shall be paid the overtime pay required by Article
7.01.
ARTICLE XIII - VACATION PAY
13.01 All employees covered by this Agreement shall be
entitled to and receive annual vacation pay as follows:
(a) All employees shall be paid vacation pay at the rate of six
percent (6%) of their gross earnings. An employee with more than
one (1) year's service with the Employer shall be entitled to a
four (4) week vacation annually.
(b) Accrued vacation pay shall be paid prior to the commencement
of the employee's vacation (or, at the written request of the
employee, will be paid each pay period), or upon layoff or
termination in accordance with Article 14.02.
13.02 The vacation time shall be taken at a time or times
mutually agreed between the employee and the Employer.
15.01 Industry Training Fees and Upgrading
(a) The employer shall be responsible for the payment of the
following training costs for his employees as defined by Article
10 in the National section of this agreement.
(i) Renewal fees.
(ii) CGSB Application and Examination Fees and CWB Certification
Fees.
(iii) Training and upgrading to qualify for the CGSB and CWB
examinations.
15.02 (b) Training funds remitted on behalf of Quebec local
members when working outside the Province of Quebec, shall be
used for the payment of training costs for those members by
mutual consent of the QCCC and the NDTMA.
16.06 Pension
The Employer shall make the following contributions to the
NDT Industry Pension Fund for each hour earned:
May 1, 2006: $3.00 per earned hour
May 1, 2007: $3.25 per earned hour
May 1, 2008: $3.50 per earned hour.
For trainees with less than 1,500 earned hours, pension
contributions do not apply. All other benefits are
payable.
The Fund shall be managed by an equal number of trustees
appointed by each of the NDTMA and QCCC.
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