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2.01 (a) This agreement shall apply in
respect to all nondestructive testing work performed by the
employer or by any person, firm or corporation owned or
financially controlled by the employer in Canada. For greater
certainty, this clause shall be construed to mean any
business, undertaking or a part that has been sold, leased,
transferred or merged with another business, undertaking or
part of it or otherwise disposed of so that the control,
management or supervision of it would pass to a purchaser,
lessee transferee or person acquiring it or where an employer
may operate a business, venture or undertaking which is in a
related or associated business and is under the common control
and direction of one or more parties, either directly or
indirectly. The broadest possible construction shall be placed
upon it, so as to achieve the intended purpose of curtailing
spin-offs or successor employers.
Nondestructive Testing is defined as follows:
Radiography including x-ray, gamma ray, fluoroscopy, real time
and ground penetrating radar,
Ultrasonics including automated, immersion, contact.
Magnetic Particle Inspection - All industrial forms.
Liquid Penetrant Inspection - All industrial forms.
Eddy Current including Remote Field Testing and Electro
Magnetic Inspection.
PMI for material sorting,
together with future technological replacements and
advancements in these methods.
See letter of understanding re: Scope.
(b) This definition of nondestructive testing does not
prohibit the Council from organizing and seeking certification
for employees of the employer engaged in other types of work.
If the Council or one of its’ affiliated unions gains
certification or written voluntary recognition for the
employees of an employer performing any such functions. The
employer will negotiate rates for such employees and include
them under this agreement for that employer.
(c) If the employer assigns persons covered by this agreement
to perform work which is not within the scope of the
agreement, all terms and conditions of the agreement shall
apply. However that assignment does not bring the work within
the scope of the agreement. Such work is “chargeable”
unless it falls within the specific definition of unchargeable
time.
This scope clause may differ in some regions. See Appendices
for complete scope for each region.
Atlantic, Prairie And
Central Region Appendices
(d) By way of example, this shall mean that if a person who is
already a QCCC member is used to perform Visual Inspection
work he shall be paid the greater of his regular rate or the
CWB rate as shown in the regional wage rate appendix.
[Prairie and Pacific Region: see Appendices D and
E]
2.02 In no event shall the Employer be required to pay
higher rates of wages, or be subject to more unfavourable
working rules than those established by the Council or either
of the affiliated Unions or any of the local Unions for any
other employer engaged in similar work.
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