agreement 1996-1999 between tymac launch service ltd. and ... · (a) the company agrees to maintain...

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AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and International Longshoremen's and Warehousemen's Union Local 400, Marine Section

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Page 1: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

AGREEMENT

1996-1999

Between

Tymac Launch Service Ltd.

and

International Longshoremen's and Warehousemen's

Union Local 400, Marine Section

Page 2: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

INDEX

PAGE Preamble 1 Article 1 Recognition 1 Article 2 Employers Rights 1 Article 3 Extent 1 Article 4 Union Recognition 2 Article 5 Grievance Procedure 2 Article 6 Arbitration 3 Article 7 Boarding Passes 3 Article 8 Bulletin Board 3 Article 9 Discrimination 3 Article 10 Stoppage of Work 4 Article 11 Seniority and Promotions 4 Article 12 Benefits 4 Article 13 Emergency Duties 6 Article 14 Safety and Equipment 6 Article 15 Leave of Absence 7 Article 16 Severance Pay 8 Article 17 Customary Duties 8 Article 18 Hours of Work and Overtime 9 Article 19 Crewing 10 Article 20 Meal and Rest Breaks 10 Article 21 Marine Disaster 11 Article 22 Certificate of Qualification 11 Article 23 Annual Vacations 11 Article 24 Statutory Holidays 12 Article 25 Terms and Conditions 12 Article 26 Renewal and Termination 12 Article 27 Joint Consultation 13 Article 28 Medical Examinations 13

APPENDICES

Appendix "A" Wage Scale Appendix "B" Attachment 1 Schedule Structure Attachment 2 Attachment 3 Attachment 4 Attachment 5 Letter of Understanding Attachment 6

COLLECTIVE AGREEMENT

Page 3: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

BETWEEN:

TYMAC LAUNCH SERVICE LTD. AND:

INTERNATIONAL LONGSHOREMEN’S AND WAREHOUSEMEN’S UNION LOCAL 400, MARINE SECTION

PREAMBLE The general purpose of this Agreement is to secure for the Company, the Union and the employees, the full benefits of orderly and legal collective bargaining and to ensure to the utmost extent possible the safety and physical welfare of the employees, economy of operations, standard of service and protection of property. It is recognized by this Agreement to be the duty of the Company and the Union and the employees to co-operate fully, individually and collectively, for the advancement of said conditions. ARTICLE 1 - RECOGNITION (a) The Company recognizes the Union as the sole collective bargaining agency for all launch service employees, with the exception of the President and General Manager, Administrative Manager, Operations Manager, Marine Superintendent and Office employees. (b) The launches and the tug will be chartered out from time to time. A launch charter may specify that a crew will be supplied or it may specify that the vessel only is being chartered. Where a crew goes with the vessel, the wages and working conditions of this Agreement shall apply. Tug charters shall specify that the crew goes with the tug. (c) The Company and the Union agree that the Collective Agreement shall apply to all vessels operated or directly or indirectly owned by the Company and all new vessels acquired or operated by the Company. For greater clarity, the Company shall furnish the Union with a list of the vessels described above, and the parties recognize that the list may be altered from time to time. The fishing charter operation, yacht charter operation and the harbour tour guides are specifically excluded from the certification. ARTICLE 2 - EMPLOYER'S RIGHTS The management and direction of the operation is the responsibility of the Employer so long as this is not in conflict with nor inconsistent with the provisions of this Agreement. ARTICLE 3 - EXTENT The tidal coastal waters of British Columbia inside a line between Powell River and Comox and a line between Cape Flattery and Owen Point and the waters of the Fraser River below the Sumas River

- 2 - ARTICLE 4 - UNION RECOGNITION

Page 4: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

(a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees to deduct monthly Union dues and initiation fees in the amount established by the Union and remit same to the Union for all employees covered by this agreement. (c) The Company agrees that all new bargaining unit employees shall be dispatched by the Union except where the Union cannot supply qualified personnel. In the event that the Company hires temporary relief personnel outside of the hiring hall, the Union shall have the right to replace them. (d) The Union shall furnish the Company with a list of not more than four (4) employees authorized to represent the Union. ARTICLE 5 - GRIEVANCE PROCEDURE For the purpose of this Article, the word "party" is defined as either the Company or the Union. Any member of the Union with a complaint or grievance shall discuss the complaint or grievance with the appropriate management representative. If a settlement satisfactory to the member is not reached, then the following grievance procedure will be carried out. STEP 1 A written statement of the grievance shall be presented to the Company by the member concerned, accompanied if he/she desires by a fellow employee who is a Union Committee member or he/she may be represented by the Union. STEP 2 Failing a satisfactory settlement at Step 1, the matter shall be referred to the Union and the Company management. STEP 3 If a satisfactory settlement is not reached, the matter shall be referred to arbitration. The maximum time for processing a grievance shall be ninety (90) days from the time the incident occurs which gives rise to the grievance. This time limit may be extended by mutual agreement between the parties. Failing mutual agreement to extend the time limit, a grievance not raised and processed within the ninety (90) day period shall be deemed abandoned and all rights of recourse including arbitration in respect of the grievance shall be at an end. In the event arbitration is desired written notice must be given within the ninety(90) day period.

- 3 - ARTICLE 6 - ARBITRATION

Page 5: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

(a) In the event that a matter submitted as a grievance cannot be settled in accordance with Article 5, it shall be dealt with by arbitration in accordance with the following procedures: (i) The party desiring to arbitrate under this procedure shall notify the other party in writing of this intention and the particulars of the matter in dispute. (ii) The party receiving such notice shall within five (5) days thereafter confirm such notification in writing. (iii) The parties shall then confer and shall within five (5) days choose a single arbitrator to arbitrate the dispute and shall abide by the decision of such arbitrator. The arbitrator shall be chosen by mutual agreement of the parties. Failing mutual agreement, the Minister of Labour will be asked to select the arbitrator. (b) The arbitrator shall not have any power to alter any of the terms of this Agreement nor to substitute new provisions for existing provisions nor to give any decision inconsistent with the terms of this Agreement. (c) The expenses of the Single Arbitrator shall be borne equally by the parties. ARTICLE 7 - BOARDING PASSES Union representatives shall be given access to Company property by contacting the management in advance and contacting the President or his representative on arrival. When a visit is planned after hours, management will be contacted during office hours and the Union representative will contact the supervisor on shift on arrival. It is agreed that these visits will not interfere with the normal work routines, and that the Company assumes no liability for injury to any Union representative while he is on Company property. ARTICLE 8 - BULLETIN BOARD An employee bulletin board shall be provided by the Company on its premises. ARTICLE 9 - DISCRIMINATION The Company agrees not to discriminate against any person for legitimate Union activity, sex, race, creed, appearance, age or ethnic origin.

- 4 - ARTICLE 10 - STOPPAGE OF WORK (a) The Company signatory to this Agreement, and the Union agree there shall be no strikes or lockouts during the life of this Agreement.

Page 6: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

(b) All controversies and disputes shall be settled through the grievance procedure, and there shall be no slowdown or stoppage of work during the period when a grievance is being resolved. (c) Refusal to pass through a legal picket line shall not be construed as a violation of this Article. ARTICLE 11 - SENIORITY AND PROMOTIONS (a) An employee shall acquire seniority as of his/her date of employment with the Company provided he/she has completed six (6) months continuous employment. (b) A seniority list will be compiled by the Company and will be revised annually. Such list will show names, positions and date of last entry into service in positions covered by this Agreement. A copy of the seniority list shall be forwarded to the Union, and shall be posted on the employee bulletin board for all to see. (c) It is agreed that in layoffs and rehires, preference will be given to employees with the greatest length of service with the Company and that for placements within the bargaining unit, where skill and efficiency are relatively equal, preference will be given to the employee with the greatest length of service with the Company. (d) An employee who has established seniority who has been laid off will retain his seniority and the right to be recalled for a period of twelve(12) months, provided he/she reports to the Company when recalled. An employee who is given reasonable notice and fails to report for work upon recall is subject to discharge from service. ARTICLE 12 - BENEFITS (a) The Company shall provide the following benefits: Life Insurance $50,000 Accidental Death and Dismemberment $50,000 Long Term Disability Insurance 66 2/3% of up to $3500 max. salary after 4 mos. Dependent Insurance -Spouse $5,000 Children $2,500 Medicare Supplement Insurance Dental Insurance

- 5 - The Company shall provide a health plan booklet summarizing all of the terms, conditions and benefits of the plan. The company shall contribute 100% of the premiums for this coverage. In addition, eligible employees shall be provided with an additional $20,000 in life insurance and A.D. & D. Benefits paid for with monthly withdrawals from the UIC Premium rebate fund.

Page 7: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

(b) B.C. Medical Services Plan. The Company shall contribute 100% of the premium for the B.C. Medical Services Plan effective the first of the month following three months of service. (c) Non-Compensible Sickness and Injury Loss Protection (i) The company shall pay the following wage loss benefits equal to 66 2/3 of an employee’s earnings on the first day of disability due to accident and on the seventh day of disability due to sickness based on 8 hour days effective after three months of service. After four months, if still disabled, the employee would go on L.T.D. Benefits. (ii) In order to receive indemnity payments, an employee must complete and file a claim form. (iii) For the purpose of the Wage Loss Protection Plan, earnings shall be based on the average earnings for the last three months of work. (d) Alcohol and Drug Program The Company shall pay fifty cents ($.50) per employee per month to the program. (e) Reinstatement - Coverage shall be reinstated immediately for eligible employees who return to work from lay-off within six months. (f) Extended Benefits - An employee with seniority in the event of a lay-off or termination shall havehis/her benefits in Article 12 extended to a maximum of three months. The premium will be paid by theemployer when the employee works at least 72 hours in the calendar month of lay-off. Otherwise, the employee will be responsible for payment of the premium. (g) An employee in the event of a layoff or termination shall have his/her B.C. Medical Premium paid by the employer when the employee works at least 84 hours in the calendar month of lay-off. Otherwise, the employee will be responsible for payment of the premium.

- 6 - ARTICLE 13 - EMERGENCY DUTIES Any work necessary for the safety of the vessel, passengers, crew or cargo, or for the saving of other vessels, lives, cargoes, or tows, shall be performed at any time on immediate call by all crew members notwithstanding any provision or agreement which might be construed to the contrary. Payment of overtime shall not apply in the event of any emergency at sea involving the safety of the vessel and crew.

Page 8: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

ARTICLE 14 - SAFETY AND EQUIPMENT (a) The Company shall maintain safe working conditions for the protection of its employees. (i) The Company shall make available to each employee whose job entails working over water a Mustang floater vest style 140. (ii) The Company shall supply proper work gloves suitable to the work to be performed. (iii) Raingear will be issued when required. (iv) Employees shall be entitled to a reimbursement of up to $80.00 toward the purchase of safety shoes or boots. This reimbursement will be paid by the company not more than once annually upon receipt of proof of purchase. Once the employee has shown proof of safety shoes or boots in good condition, any excess safety shoe allowance or any unused safety shoe allowance accumulated for a maximum of 2 years can be used towards the purchase of company approved safety equipment. A list of such safety equipment will be posted on the employee bulletin board. (b) Joint Safety Committee The Joint Management Safety Committee shall be comprised of equal representation from the Company and the employees. The committee shall meet monthly or at regular intervals to consider and make recommendations on matters pertaining to safety and health. (c) Safe Conditions The Company shall endeavor to provide a safe working environment, and the Company, employees, and the Union shall co-operate to ensure that safe conditions and working practices are maintained, and that health hazards are recognized and dealt with to the greatest extent possible. (d) Where an employee believes in good faith that the particular conditions under which he is being required to work represent a serious risk to his health and safety beyond that normally encountered on that particular job, he may refuse to perform the job. In such cases, he will report the condition immediately to his supervisor who will take whatever steps are necessary to rectify the situation in accordance with the provisions of 6:24 of the WCB Industrial Health and Safety regulations.

- 7- ARTICLE 15 - LEAVE OF ABSENCE (a) Jury Duty Leave of absence with pay will be granted to an employee who is required to serve as a juror, coroner's witness, crown witness or as a representative of the employer in a court action, provided the court action is not occasioned by the employee's private affairs. (i) The employee's pay shall be the pay he would have earned if he had not been absent.

Page 9: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

(ii) The employee shall donate to the charity of his choice any pay received as a result of such service, and will provide the Company with a copy of his receipt. (iii) The employee shall contact the employer when he is available to return to work in order to ascertain when to report to work. (b) The Company will grant leave of absence without pay and benefits to employees who are appointed or elected to an I.L.W.U. office for a period up to and including three years and then his seniority shall remain dormant until his return. Further leave of absence will be granted if requested. Any employee who obtains such leave of absence shall return to the Company within thirty (30) calendar days after completion of his term of employment with the Union. (c) An employee shall be entitled to compassionate leave of up to three (3) days without pay to attend to urgent domestic affairs. Leave of more than three (3) days may be taken, subject to Company approval, if the circumstances warrant. (d) Bereavement Leave (i) In the case of bereavement in the immediate family a regular full time employee shall be entitled to an appropriate leave of absence for which he shall be reimbursed for time lost from his regular schedule up to a maximum of three (3) days pay. (ii) Immediate family is defined as an employee's parent, wife, husband, child, brother, sister, father-in-law, mother-in-law and any relative permanently residing in the employee's household or with whom the employee permanently resides. (e) The Company will grant leave of absence without pay to employees who are elected as representatives to attend Union Meetings, Union Conventions, Conventions of Labour Organizations to which the Union nominates the employee as delegate on its behalf or act as members of any Union negotiating committee provided the Company is given due notice in writing by the Union in order to be able to replace the employee during his absence with a competent substitute. (f) The Company will grant leave of absence without pay to employees suffering injury or illness, subject to a medical certificate if required by the employer.

- 8-

(g) Leave of absence without pay will be granted to employees for educational leave for marine upgrading courses not specifically required by the Employer. The following shall be the terms of reference for obtaining such leave: (i) Application four (4) weeks in advance. (ii) No more than one Employee on educational leave at any one time. (iii) Maximum leave - Six (6) months

Page 10: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

(iv) Benefit coverage shall continue for the first two (2) months of educational leave. Where the leave exceeds two (2) months, benefit coverage may be continued by payment of premiums monthly in advance. (h) An employee desiring leave of absence without pay for reasons other than those set out above must provide sufficient reasons for the request acceptable to both Company and the Union and must obtain authorization in writing from the Company and the Union. ARTICLE 16 - SEVERANCE PAY Employees with one (1) year's seniority or more who are displaced and for whom no job is available due to automation, mechanization, reduction in the number of vessels in service or the number of employees, will be entitled to severance pay in the amount of one (1) weeks pay for each year of service up to a maximum of ten (10) weeks pay. Partial years of service in excess of the first year to be prorated. At time of termination, the employee shall have the option of receiving severance pay on termination or may elect to have it held in abeyance for up to one (1) year from date of termination. An employee may apply in writing at any time during the year, to have these monies paid out, at which time, the Company will do so. An employee who received severance pay will be considered to have no rights to recall through seniority. ARTICLE 17 - CUSTOMARY DUTIES In addition to duties, specified by this Agreement, employees shall perform competently the ordinary duties pertaining to their positions as referred to in classifications of Appendix "A".

- 9 - ARTICLE 18 - HOURS OF WORK AND OVERTIME I. Operating Schedules 1. Work schedules for Masters and Deckhands shall be arranged to provide for twenty-four (24) hour coverage, as outlined in Attachment 1. 2. The actual hours of work will be predicated on the work required but, once a scheduled shift as outlined in Attachment 1 has commenced, a full time employee shall work no less than six (6) hours.

Page 11: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

3. Employees who are sent home early are expected to be available for call-out up to the time their shift ends. Employees subsequently recalled prior to the time the shift would have been completed shall receive the equivalent of no less than four (4) hours straight time pay for each such call. 4. Employees may be required to report earlier than their scheduled shift time because of work volume. 5. Overtime (a) Time worked in excess of twelve (12) hours in any one (1) day shall be at time and one half. (b) Time worked in excess of one hundred sixty (160) hours during the twenty-eight (28) day averaging period shall be paid at time and one half. Hours worked which qualify for overtime payment in accordance with subsection (a) above shall not be included in determining overtime entitlement under the provisions of this subsection. In subsection 4 above, any work performed outside of the scheduled hours shall be paid for at overtime rates. 6. Employees may elect to bank overtime. Such accumulated overtime may be taken in full or in part as pay at the employees discretion, in any pay period. Accumulated time off may also be taken at the discretion of the employee subject to the Company having the right to maintain operational requirements and provided the Company has been given forty-eight (48) hours notice. Where more than one employee requests time off at the same time, preference will be given to the senior employee. Notice to bank overtime must be given in writing to the Company prior to the pay period it will come into effect. 7. The Company except for an emergency will ensure that each employee has at least 8 consecutive hours free from work between each shift.

- 10 - II. Non-Operating Schedules 1. Non-operating schedules shall be eight (8) hours per day and forty (40) hours per week. 2. Time worked in excess of eight (8) hours per day or in excess of forty (40) straight time hours per week or time worked on the employee's scheduled days off shall be paid at rate and one half. III. Change in Schedule Structure The Union shall be advised seven (7) days in advance when a change in the schedule structure is required.

Page 12: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

ARTICLE 19 - CREWING The minimum number of crew members shall be one (1) launch master and one (1) deckhand when motor launches are carrying pilots or stores to the extent that a crane lift is required. The minimum crew complement shall be one (1) tug master and one (1) deckhand for tug work. ARTICLE 20 - MEAL BREAKS AND REST BREAKS I. Employees on 12-Hour Shifts 1. Employees on the twelve (12) hour schedule shall receive a one-half (1/2) hour paid meal break taken as near to the middle of the scheduled shift as possible, no earlier than four (4) hours and no later than seven (7) hours after the start of the shift. The meal break shall be taken on shore or on a vessel equipped with meal break facilities.. Employees who do not receive the meal break in this period shall have the one- half (1/2) hour meal break paid at time and one-half (1 1/2) 2. Rest Break: Employees on a twelve (12) hour schedule shall be entitled to a fifteen (15) minute break at approximately 2 1/2 hours; 7 1/2 hours and 10 hours after the start of the shift. II. Employees on Eight (8) Hour Schedules 1. Meal Breaks: Maintenance employees and any other employees on an eight (8) hour schedule shall receive a one-half (1/2) hour lunch break in their own time no earlier than three (3) hours after the start of the shift and no later than five (5) hours after the start of the shift. Employees who receive the lunch break outside of these parameters\shall be paid for the meal time. Employees who do not receive a meal break shall receive an additional one-half (1/2) hour at time and one half.

- 11 - 2. Rest Breaks: Employees on an eight (8) hour schedule shall receive a fifteen (15) minute rest break in mid-morning and mid-afternoon. ARTICLE 21 - MARINE DISASTER Employees who suffer loss of clothing and personal effects through wreck or marine disaster shall be compensated for such loss by payment of up to a maximum of four hundred dollars ($400.00) on receipt of proof of loss. Personal belongings normally related to the job would be covered by this arrangement. In the event of loss of life, these monies shall be paid to the beneficiary.

Page 13: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

ARTICLE 22 - CERTIFICATE OF QUALIFICATION Employees who attend the required courses for the CSC 1 certificate or any other required course shall be reimbursed for the cost of tuition upon successful completion of the course, and presentation of the receipt of tuition payment. Such training shall be approved in advance by the Company. ARTICLE 23 - ANNUAL VACATIONS (a) Annual vacations with pay will be allowed for continuous or accumulative service as follows: Service Periods % Gross Less than 3 Years 4 % 3 Years to Less than 10 Years 6 % 10 Years to less than 25 Years 8 % 25 Years and Over 10 % For the purpose of this Article, the term "gross wages" shall include all monies credited as a result of wages and overtime. (b) The number of working days of vacation entitlement will be determined by dividing the gross vacation pay by twelve (12) hours for employees on twelve (12) hour schedules and by eight (8) hours for employees on eight (8) hour schedules, times the straight time rate. (c) An employee shall be entitled to select the period desirable to him for his vacation period on the basis of seniority with the Company, subject to the Company having the right to approve the vacation schedule as a whole. In accordance with Employment Standards Regulations employees are required to take their annual vacation as time from work in each calendar year.

- 12 -

(d) Employees terminating their employment shall be paid all vacation pay due them up to the date of leaving. ARTICLE 24 - STATUTORY HOLIDAYS All employees will be given eleven (11) statutory holidays with pay as follows: New Years Day Labour Day Good Friday Thanksgiving Day Victoria Day Remembrance Day Canada Day Christmas Day British Columbia Day Boxing Day Note 1: Commencing January 1st, 1989, each Employee shall receive a paid day off on his birthday. This holiday is a replacement for the Easter Monday Holiday proposed.

Page 14: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

Note 2: Also any additional Federal or Provincial proclaimed holiday. Note 3: Statutory Holiday Pay shall be calculated using only the employee’s hours of work from their scheduled shifts. Employees who are required to work on any of these days, shall be paid at rate and one half and, in addition will receive an alternative day off at the employees discretion and may be taken in conjunction with upcoming annual vacations subject to the Company having the right to maintain operational requirements. ARTICLE 25 - TERMS AND CONDITIONS The rate of pay shall be as set forth in Appendix "A" to this agreement. Employees shall be paid bi-weekly or twice monthly. In the event that a pay date falls on a weekend, employees shall be paid on the Friday immediately preceding. Employees shall receive wages in full (save late overtime claims) within forty-eight (48) hours of termination excluding weekends and statutory holiday. ARTICLE 26 - RENEWAL AND TERMINATION 26.01 This Agreement shall be effective as of and from February 2nd, 1996 to and including February 1st, 1999 and shall continue thereafter from year to year unless written notice to revise or terminate this agreement is given by either party to the other within four (4) months, immediately preceding the date of expiry. In the event of such notice, this Agreement shall remain in full force and effect while negotiations are being conducted, it being agreed that negotiations may be discontinued upon delivery of written notice by either party of strike or lockout.

- 13 -

26.02 By agreement of the parties hereto, the provisions of subsection (2) of Section 50 of the Labour Relations Code of British Columbia are specifically excluded. ARTICLE 27 - JOINT CONSULTATION COMMITTEE 27.01 The Company and the Union agree to establish a joint consultation process to seek information, provide advice and exchange views on specific matters that may arise during the term of the Collective Agreement. Joint consultation shall not imply agreement on issues discussed nor shall it in any way interfere with management's authority or right to manage or the union's legal rights under the Labour Relations Code or the Collective Agreement. 27.02 Since the purpose of the joint consultation process is to promote understanding between the parties, there shall be no limitation on the issues that may be raised in consultation, subject to the following: - neither the content nor the intent of the collective agreement may be subject to modifications or amendment in the consultation process.

Page 15: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

- the parties in the consultation will not discuss matters which are subjects in the grievance procedure unless they mutually agree to do so. - subjects will not be discussed in the consultation process if formal channels of communications are already established for discussion of such subjects. 27.03 The Joint Consultation Committee shall be comprised of equal representation from the Company and the Union. The parties shall meet at least once every 4 months. On the request of either party, the parties shall meet more frequently if the parties agree that there are sufficient matters for discussion. The Company and the Union shall establish a pre-determined schedule of meetings for each calendar year. In advance of each meeting the parties may each submit matters for discussion. An agenda will be prepared and distributed by the Company at least 14 days in advance of each regular meeting. The meeting will be conducted on an informal basis. The Company will distribute minutes of the meeting to all participants. The minutes will show clearly what subjects were raised and by whom, the type of discussion that ensued, and any subsequent position(s) taken. ARTICLE 28 - MEDICAL EXAMINATIONS The Union agrees that the Company has the right to have all employees examined for fitness, and any employee found medically unfit for service shall not be employed, or if employed, may be dismissed. All such examinations shall be at the Company’s expense. Where the Company refuses to employ any person for medical reasons, the question of that person’s fitness for duties may be referred to a competent medical authority for determination acceptable to both the Company and the Union.

-14-

For the Company For the Union SIGNED THIS 12th DAY OF April 1996, IN THE CITY OF VANCOUVER, B.C.

Page 16: AGREEMENT 1996-1999 Between Tymac Launch Service Ltd. and ... · (a) The Company agrees to maintain in their employ only members of the Union in good standing. (b) The Company agrees

APPENDIX "A" TYMAC LAUNCH SERVICE LTD.

WAGE SCALE Classifications: Feb. 2, 1996 Feb. 1, 1997 Feb. 1, 1998 LAUNCH MASTER - 1st 3 months 19.46 19.95 20.45 - Thereafter 20.11 20.61 21.13 LAUNCH MASTER/DISPATCHER 21.08 21.61 22.15 TUGMASTER 21.73 22.27 22.83

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TUGMASTER/DISPATCHER 22.70 23.27 23.85 DECKHAND - 1st 3 months 17.23 17.66 18.10 - Thereafter 18.34 18.80 19.27 - With AB Certificate or One Year Continuous Service 18.69 19.16 19.64 MARINE MECHANIC 24.43 25.04 25.67 SHIPWRIGHT - UNLICENSED - Level I 21.37 21.90 22.45 - Level II 22.90 23.47 24.06 APPENDIX B Because the company operates in competition with companies not covered by “recognized” Marine Union Agreements in Indian Arm, Howe Sound, and the Gulf of Georgia, the union recognizes that Letters of Understanding modifying hours of work provisions in ARTICLE 18 may be appended to this Agreement for specific opportunities in those areas. The intent of such Letters of Understanding will be to add to the revenues of the employer and to the work available for employees. Employees working schedules defined in ARTICLE 18 who are asked to relieve employees working under these Letters of Understanding shall work and be paid in accordance with the provisions of ARTICLE 18. Letters of Understanding must be proposed and approved by The Company and the Union and supported by a majority vote of the employees covered by this Collective Agreement. No Letters of Understanding altering wages, hours, or conditions of employment for work presently done by Tymac employees will be added during the term of this Agreement.

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ATTACHMENT 1 TYMAC LAUNCH SERVICE LTD. SCHEDULE STRUCTURE: 7 days on: 7 days off Launch Master Rotation: Day Shift: D1 0630 - 1830 3rd Call Out/Weekend Day Dispatch D2 0645 - 1845 1st Call Out D3 0645 - 1845 2nd Call Out Afternoon Shift Aft. 1600 - 0400 Night Dispatch NTDP 1830 - 0630 Deckhand Rotations: Day Shift DKH 0400 - 1600

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Night Shift DKH 1600 - 0400 28 day averaging period Beepers will be available for Masters and Deckhands who are available on call. ATTACHMENT 2 TYMAC LAUNCH SERVICE LTD. Where a full time employee’s shift is cancelled or, where there is insufficient scheduled work for the remainder of the shift in question, employees may be booked off prior to the end of the shift. If orders for work for the shift in question are subsequently received and additional manpower is required, those booked-off employees shall be called back first. If the above employees are not available within one hour of receiving the work order, employees that are on time-off and listed with the dispatcher as being available for work will be called at the phone number supplied by the employee. If none of the above is available, within one hour of receiving the work order, management will be called to perform the function.

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ATTACHMENT 3 TYMAC LAUNCH SERVICE LTD. June 1988 D. Crain Dear Sir: During our discussions on Article 1(b), you raised the possibility that the Company could charter a vessel to an individual or company who could then operate that vessel in competition with Tymac. The purpose of this letter is to assure you that the Company will not charter out boats where the intention of the person or company taking the charter is to operate in competition with Tymac, and, if, after a charter was arranged, such activity was commenced, Tymac would rescind the charter. J. Phillipson

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ATTACHMENT 4 TYMAC LAUNCH SERVICE LTD. May 2nd, 1988 D. Crain Dear Sir: Further to our discussions, the noise level study was undertaken by Barron, Kennedy, Lyzun and Associates on April 28th. Copies of the results of this study are attached. You will note that all readings are in the acceptable level. Although hearing protection is not required at these levels, protective devices will continue to be available. TYMAC LAUNCH SERVICE LTD. J. P. Phillipson President & General Manager :jg encl.

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ATTACHMENT 5 TYMAC LAUNCH SERVICE LTD. January 28, 1994 D. Crain Dear Sir: You have asked for a letter regarding parking arrangements. As you know, the parking facilities are limited and the area previously planned as a paid parking area has been reduced to 35% of the original area. The current arrangements whereby the employees may park in spaces which are available in the company area located on the Main Street Dock shall continue. TYMAC LAUNCH SERVICE LTD. Cathie Phillipson Vice-President of Finance & Admin.

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LETTER OF UNDERSTANDING TYMAC LAUNCH SERVICE LTD. June 27, 1994 CBRT & GW Local 400 Room 120 - 111 Victoria Drive Vancouver, B.C. V5L 4C4 Attention: Mr. D. Crain Dear Sir: Re: Article 16 - Severance Pay The parties hereto agree that based upon the existing Employment Standards Act, the terms of the collective agreement shall be modified in respect of Article 16 - Severance Pay. Specifically, Article 16 shall be amended so as to provide that an employee may at the time of lay-off choose: a) to be paid severance pay under the terms of the collective agreement, or b) to maintain the employees right of recall under the terms of the collective agreement. It is understood and agreed that this memorandum shall be the subject of renegotiation upon expiry of the collective agreement. TYMAC LAUNCH SERVICE LTD. Cathie Phillipson Vice-President of Finance & Admin.

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ATTACHMENT 6 TYMAC LAUNCH SERVICE LTD. October 14, 1994 CBRT & GW Local 400 Room 120 - 111 Victoria Drive Vancouver, B.C. V5L 4C4 Attention: D. Crain Dear Sir: This letter will confirm the understanding reached between Tymac Launch Service Ltd. and the CBRT in a joint meeting on October 6, 1994 respecting management/office employees performing the functions of the Monday-Friday Day Dispatch position. It is agreed that the company will continue the practise that no regular employee scheduled to work the D1 shift, as set out in Attachment 1, will receive any reduction in hours of work as a result of management/ office performing the dispatch functions. This settlement shall be reviewed at the Joint Consultation Committee meeting in April 1995. Yours truly, TYMAC LAUNCH SERVICE LTD. Ron Hilder Operations Manager RH/mt

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