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BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
Memorandum of Agreement
Between
Nechako Northcoast Construction Burns Lake
And
B.C. Government and Service Employees Union (BCGEU)
Part 1 – Purpose of Agreement
Nechako Northcoast Construction and the B.C. Government and Service Employees’
Union (BCGEU), in cooperation with the Ministry of Transportation, have agreed to
reviewing existing work activities, operating structures and labour costs for the purpose
of identifying and implementing changes which will reduce costs, increase operational
flexibility and protect our highway infrastructure.
In doing so, the parties recognize that the scope of considerations will include, but are not
limited to, reduce or eliminate work activities approved by the Ministry of
Transportation, yard restructuring, equipment utilization, non-bargaining unit labour
costs and bargaining unit labour costs.
Part 2 – Objectives
The parties have entered into this agreement on the condition that the Ministry of
Transportation provides formal confirmation on the following:
1. The Successorship requirements as recognized in the Tripartite Road and
Bridge Maintenance Industry Accord signed by the Ministry of
Transportation on September 21, 1999 and contained in this collective
agreement will apply for the next round of tenders for road and bridge
maintenance contracts commencing 02/03 and continuing until all current
maintenance contracts have been let one more time; and
2. The next road and bridge maintenance contracts will be long-term
agreements. The Parties will encourage the government to agree that the
next Maintenance Contracts will be a minimum of at least 10 years in
durations; and
Part 3 – Effective Date
Except where otherwise noted in this Memorandum of Agreement, the effective date for
all changes related to the collective agreement between the Employer and the BCGEU
will be September 5, 2003 for Service Area 24.
1 August 1, 2002
BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
Memorandum of Agreement
Between
Nechako Northcoast Construction Burns Lake
And
B.C. Government and Service Employees Union (BCGEU)
WHEREAS, the Employer is concerned that certain issues dealt with at these
successorship continuation negotiations will be resurrected by the Union at the
termination of this Collective Agreement, and;
WHEREAS, the Union does not intend to negotiate in this fashion;
THEREFORE, it is agreed to the following restrictions for the subsequent collective
bargaining on the expiry of the agreement:
1. The subsequent Collective Agreement will be a long-term multi-year agreement.
The intent will encompass the balance of the MoT contracts less one year.
2. It is agreed not to table those principles identified by the MoT as needed to ensure
a more competitive labour market (May 13, 2002, John Dyble, item #1); and as contained
in the Memorandum of Agreement dated August 1, 2002, generally core group,
severance, seniority block boundaries, filling of vacancies and contracting out.
Either party without the mutual consent of the other party will not table the above
referenced issues.
Made this 1st day of August, 2002, at the City of Prince George, B.C.
For the Employer: For the Union:
________________________ ________________________
Peter Lansdowne Lloyd C. Glibbery
2 August 1, 2002
BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
1. AGREED - Article 6.3 – New
The Employer has the right to assign work across classifications, including
bargaining unit supervisors, and seniority blocks throughout its entire contract
area and to manage the work programs in all respects except as specifically
modified or specially limited by the collective agreement.
**CHANGE ALL ARTICLES WITH ANY CONSEQUENTIAL CHANGES
2. AGREED - Article 11.4 (a) (3) Loss of Seniority for an Auxiliary
Employee
To read 6 months for new auxiliary hires and nine (9) months for incumbents
3. AGREED - Article 12.7 Filling of Core Vacancies/Article 12.8 Filling of
Temporary Vacancies
Effective date of ratification and until the regular employee compliment
reaches 17 the provisions of these articles are suspended or may be exercised
at the sole discretion of management.
4. AGREED - Article 13.1 Layoff Protection
“The employer agrees that the senior twenty seven (27) employees will not be
subject to lay off. This number will be further reduced by attrition and
become zero at the end of the next MoT contract. This number may also be
reduced by the removal of work, including road devolution and service area
redefinition.
AGREED - In the event the scope of work in the service area is changed as
described above, the Parties agree to meet and to renegotiate the core group
number. The Parties seeking the adjustment shall notify the other, in writing
and the onus for justifying any proposed change shall rest with the party
initiating this process. Discussion for any adjustment to the core group
number shall be facilitated through the Labour Management Committee,
which will meet within two (2) weeks of notice being given.
AGREED - Should the Parties fail to agree on an appropriate core group the
matter shall be referred to arbitration pursuant to Article 9 for resolution. The
Employer may implement the change until a settlement is reached.
3 August 1, 2002
BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
5. Article 13.2 Options Upon Layoff
(a)(3) AGREED -Bump the junior employee in another classification series
in the same or another seniority block. In doing so he/she must have the
necessary qualifications. The employee exercising a bump under the
provisions of this article will be responsible for their relocation expense.
(f) AGREED - New – Regular employees who attained their status after July
1, 2002 will be entitled to severance notice or pay in lieu of notice in
accordance with the Employment Standards Act but not less than eight (8)
weeks.
(i) AGREED - At the end of MoT contract number 5, notice in lieu of
severance is acceptable.
6. AGREED - Article 13.3 No Layoff of Core Employees – Remove
7. AGREED - Article 13.4 Relocation
Change the last sentence to read; Temporary relocations shall not exceed
twenty days on three separate occasions in a calendar year unless by mutual
agreement.
8. AGREED - Article 13.5 Temporary Assignment Within Seniority Blocks
Delete current language and replace with:
Employees who are temporarily assigned to another classification series shall
continue to accrue seniority in the classification series in which they are
classified.
9. AGREED AS OF SEPTEMBER 5/03 Article 14.1 Hours of Work
Change thirty-seven and one half (37 ½) to read thirty five (35) hours.
Change 1957 to read 1827
**CHANGE ALL ARTICLES WITH ANY CONSEQUENTIAL CHANGES
10. AGREED - Article 14.4 Rest Periods
Change fifteen (15) minutes to read ten (10) minutes.
4 August 1, 2002
BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
11. Article 14.7 Hours of Work, Shift Schedules and Starting and
Finishing Times
(b) AGREED - Change three (3) to read five (5)
(c) AGREED - Auxiliary shifts shall be on an as and when basis, with start
and finish time determined by the employer. Overtime will compensated as
per Article 16.
12. AGREED - Article 14.10 Clean Up Time
Remove
13. Article 14.10 Alternate Work Arrangements
The Union will discuss matters that relate to hours of work, points of
assembly for special projects, working with outside contractors, etc., at the
Labour/Management Committee level.
14. Article 15.3 Notice of Work Schedules
s
(b) AGREED - In the event that an employee’ work schedule or shift is
implemented without twenty-four (24) hours advance notice, the
employee will receive a premium at the applicable overtime rate for work
performed on the first shift to which he/she changed, except that if the
change results from no fault of the Employer, he/she shall not receive a
premium.
15. AGREED - Article 15.8 Employees Working Away from Their Point of
Assembly
Employees working away from their point of assembly shall be compensated
for all hours in transit to the work location. Employees will be required to
travel up to one half (½) hour of unpaid travel time to return to their assembly
point, time in excess of the one-half (1/2) hour travel time shall be considered
as time worked. All travel relative to this clause will be covered by W.C.B.
16. AGREED - Article 15.10 Winter Shift for Highways Maintenance
Crews
(a) Change forty-eight (48) hours to read twenty-four (24) hours.
5 August 1, 2002
BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
17. AGREED - Article 16.4 Overtime Compensation
(a)(1) Change 2 to 3
(a)(3) Time and one half (1 ½ X) for all hours worked on a day of rest equal
to those hours worked on their regular shift and double (2 X) thereafter.
(b) An employee who works on a designated holiday which is a scheduled
work day shall be compensated at the rate of one and one half (1 ½) for hours
worked, plus a day off in lieu of the holiday; except Christmas and New
s
Year’ when the compensation shall be at the rate of double (2 X) time for
hours worked plus a day off in lieu of the holiday.
18. AGREED - Article 20.12 Maximum Leave Entitlement
Change sixty hours to read thirty-five
19. AGREED - Article 24.1 No Contracting Out – Entire Article Presented
Below
(a) The Union recognizes that the Employer is obligated by the terms of the
maintenance contract with the Ministry of Transportation to utilize hired
equipment and to subcontract highways road and bridge maintenance work on
an annual basis.
(b) Notwithstanding the requirements of Clause 24.1(a) above, the Employer
and the Union are committed to the productive utilization of bargaining unit
employees so as to minimize the requirement for the contracting of work..
20. AGREED - Article 24.2 Remain as current agreement
21. AGREED - Article 24.3 Remain as current agreement
22. AGREED - Article 24.4 Warranty and Repair Work
Remove
23. AGREED - Article 25.1 Eligibility
(c) Remove
24. AGREED -Article 25.3 Basic Medical Insurance
Remove “eligible auxiliary”
6 August 1, 2002
BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
25. AGREED -Article 25.4 Extended Health Care Plan
Remove “qualifying auxiliaries”
26. AGREED -Article 25.5 Dental Plan
Remove “eligible auxiliary”
27. AGREED -Article 25.6 Group Life and Accidental Death and
Dismemberment
Remove “eligible auxiliaries”
28. AGREED - Article 25.17 Sick Leave Credits – New Article
Employee will self insure for the first two (2) days of illness but may use
CTO, ETO, and/or vacation for the two days.
**Change all articles with any consequential changes
29. AGREED - Article 31.4 Health and Welfare
(a) as is
(b) Auxiliary employees with benefits at date of ratification will continue
with benefits and Mr. Ed Moman will be eligible when he qualifies.
(c) as per current agreement
(d) as per current agreement
**Change all articles with any consequential changes
30. AGREED - Article 31.5 Vacation Entitlement for Auxiliary Employees
Change 6% to read 4%
Grandfather in @ 6% for those auxiliaries on benefits on date of ratification.
31. AGREED - Article 32.3 Contribution Rates
s
Employer’ contribution rate will be reduced to 7% on date of ratification.
32. AGREED - Article 34 Term of Agreement
The current agreement extended three years, September 28, 2006.
7 August 1, 2002
BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
AGREED - Appendix 2 – Hourly Wage Rates
September 29, 2002 0%
September 29, 2003 0%
September 29, 2004 1%
September 29, 2005 1% or MoT COLA whichever is greater
AGREED - Effective date of ratification newly hired auxiliaries will be paid (training
rate)
80% 0 – 1000 hours
85% 1001 – 2000 hours
90% 2001 – 3000 hours
95% 3001 – 4000 hours
100% 4001 plus
AGREED - Appendix 4 – Classification Specifications
Replace last line with - Leave in for reference purposes only
AGREED - Modified Successorship – delete at the end of the MoT 5 contract
AGREED - Memorandum of Understanding #1
5:2 schedule unless mutual agreement reached on another schedule
Length of Number Number Number of
Scheduled Shift of Work of Days Stat Holidays
Work Days Pattern Days of Rest
7 hrs. 5:2 250 104 11
AGREED - Memorandum of Understanding #5 – Isolation Allowance
Remove September 5, 2003 (pay to the end of the pay period that this date occurs)
8 August 1, 2002
BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
AGREED- LOI – New - Outside Work – Auxiliary Employees
In order to attract outside work the parties agree that all work can be bid at eighty five
(85%) of the labour rates in Appendix 2. This work will be made available first to:
(a) a qualified regular
(b) a qualified regular on lay-off
(c) a qualified auxiliary employee
If these employees do not want the work they may refuse and the refusal will not be
counted for any purpose in this collective agreement. Auxiliary employee earnings less
than 100% of the Appendix 2 rate may be assigned any work and if not available to work
will be regarded as having refused the work. Hours worked on outside work do not
accrue to auxiliary grid for the purpose of pay escalation or hours of backfilling by
auxiliaries when regulars are assigned to outside work. Regulars assigned to outside
work will be paid their regular rate and auxiliaries used to backfill will be paid 85%. A
regular employee on lay off will be paid at 85% for outside work or for backfill.
AGREED - Voluntary Departure Program
The Employer agrees to establish a Voluntary Departure Program that would provide a
payment to selected employees not scheduled for mandatory retirement by September
2003. In order to maintain crew integrity, selection of potential candidates will be at the
s
Employer’ discretion.
The formula will be two thousand dollars ($2000) for each full year of service with a
maximum of ten (10) years.
This program will be initiated by September 1, 2002.
s
Reference Employer’ letter of August 1,2002.
Memorandum of Settlement
Outstanding Grievances: The parties agree to review all outstanding grievances by the
end of September 2002, and to withdraw those grievances which should be resolved on
the basis of the changes contained in this memorandum.
9 August 1, 2002
BCGEU and Nechako Northcoast Construction (Burns Lake) – CA 24
Memorandum of Agreement
Between
Nechako Northcoast Construction
And
BCGEU
The respective bargaining committees agree to recommend the following
changes to the current Collective Agreement.
Signed in Prince George this 1st day of August, 2002.
For Nechako Northcoast Construction For BCGEU
Burns Lake
________________________________ ______________________________
Peter Lansdowne George Heyman
________________________________ ______________________________
Dan Beaulac Don Campbell
________________________________ ______________________________
Aidan Carroll
______________________________
Ted Olson
______________________________
Lloyd C. Glibbery
10 August 1, 2002
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