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CLRA · Labourers Local 1208 (NL, 2022–2027) · Article 1 · page 3 · 2022-2027

PURPOSE

2.03

The employer recognizes all jurisdictional claims of Labourers International Union, Local 1208 as per this Collective Agreement and Labourers International Constitution. ARTICLE 3 • MANAGEMENT RIGHTS

3.01

The Union recognizes and acknowledges that it is the exclusive function and responsibility of the Employer subject to the terms and conditions of this Agreement to operate and manage its business in all respects in accordance with its responsibilities and commitments. ARTICLE 4 • JURISDICTIONAL CLAIMS TENDERS Tending, masons, plasterers, carpenters and other building and construction crafts. Tending shall consist of preparation of materials and the handling and conveying of materials to be used by mechanics of other crafts, whether such preparation is by hand or any other process. After the material has been prepared, tending shall include the applying and conveying of said material and other materials to such mechanic, whether by bucket, hod, wheelbarrow, buggy or other motorized unit used for such purpose, including fork lifts. CLRA and UUNA Local 1208 Collective Agreement 2022-2027 Unloading, handling and distribution of materials, fixtures, furnishings and appliances from point of delivery to stockpiles and from stockpiles to immediate point of installation. Drying of plaster, concrete mortar, or other aggregate, when done by salamander heat or any other drying process. Cleaning and clearing of all debris, including wire brushing of windows, scraping of floors, removal of surplus material from all fixtures within confines of structure and cleaning of all debris in building and construction area. The general cleanup, including sweeping, cleaning, washdown and wiping of construction facility, equipment and furnishing and removal and loading or burning of all debris including crates, boxed packaging waste material. Washing or cleaning of walls partitions, ceilings, windows, bathrooms, kitchens, laboratory, and all fixtures and facilities therein. Cleanup, mopping, washing, waxing, and polishing or dusting of all floors or areas. The aging and curing of concrete, mortar and other materials applied to walls, ceilings and foundations or buildings and structures, highways, airports, overpasses and underpasses, tunnels, bridges, approaches, viaducts, ramps, or other similar surfaces by any mode or method. SCAFFOLDS Erection, planking and removal of all scaffolds for lathers, plasterers, bricklayers, masons and other construction trades crafts. Building, planking or installation and removal of alt staging, swinging, and hanging scaffolds, including maintenance thereof. Where self supporting scaffolds of staging over fourteen feet in height or specifically designed scaffolds are built by Carpenters, Labourers, shall tend said Carpenters on erection thereof, the dismantling of said scaffolds, as well as preparation for foundation or mud-sills for said scaffolds, and maintenance of same shall be done by Labourers. EXCAVATIONS AND FOUNDATIONS SITE PREPARATION AND CLEARANCE TRANSPORTATION AND TRANSMISSION UNES Excavation for building and all other construction, digging of trenches, piers, foundations and holes, digging, lagging, sheeting, cribbing, bracing and propping of foundations, holes caissons, cofferdams, dams, dikes and irrigation trenches, canals and all handling, filling and placing of sand bags connected therewith. All drilling, blasting, and scaling on the site or along the right-of-way, as well as access roads, reservoirs, including areas adjacent or pertinent to construction site, installation of temporary lines. Preparation and compacting of roadbeds for railroad track laying highway construction and the preparation of trenches, footings, etc. for cross country transmission by pipelines or electric transmission or underground lines or cables. On-site preparation and right-of-way for clearance for construction of any structures or the installation of traffic and transportation facilities such as highways, pipelines, electrical transmission lines, dam sites and reservoir areas, access roads, etc. Clearing and slashing of brush or trees by hand or with mechanical cutting methods. Blasting for all purposes, such CLRA and LIUNA Local 1208 Collective Agreement 2022-2027 as stumps, rocks, general demolition. Falling, bucking, yarding, loading or burning of all trees or timber on construction areas. Chokes setters, off bearers, lumber handlers and all labourers connected with on-site portable sawmill operations connected with clearing. Erection, dismantling and/or re-installation of all fences. Cleaning up of right-of-way, including tying on, signalling, stacking of brush, trees or other debris, and burning where required. All soil test operation of semi and unskilled labour, such as filling of sand bags, handling timber and loading and unloading of same. CONCRETE, BITUMINOUS CONCRETE ANO AGGREGATES (a) Concrete, bituminous concrete, or aggregates for walls, footings foundations, floors or for any other construction. Mixing hankling, conveying, pouring, vibrating, gunniting and otherwise placing concrete or aggregates, whether done by hand or any other process. Wrecking, stripping, dismantling and handling concrete forms and false work. Building of centers for fire-proofing purposes. Operating of similar character, whether run by gas diesel, or electric power. When concrete or aggregates are conveyed by crane or derrick, or similar methods the hooking on, signalling, dumping, and unhooking the bucket. Placing of concrete or aggregates, whether poured, gunnited, or placed, by any other process. The assembly, uncoupling of all connections and parts of or to equipment used in mixing or conveying concrete aggregates, or mortar, and the cleaning of such equipment, parts and/or connections. All vibrating, grinding, spreading, flowing, puddling, levelling and strikeoff of concrete or aggregates by floating, rodding, or screeding, by hand or mechanical means prior to finishing. Where prestressed or precast concrete slabs wall or sections are used, all loading, unloading, stockpiling, hooking on, signalling, unhooking setting and barring into place of such slabs, walls or sections. All mixing, handling, conveying, placing and spreading of grout for any purpose. Green cutting of concrete or aggregate in any form, by hand, mechanical means, grindstones or air or water. (b) The filling and patching of voids, crevices, etc, to correct defects in concrete caused by leakage, bulging, sagging, etc. (c) The loading, unloading, carrying, distributing and handling of all rods, mesh and material for use in reinforcing concrete construction. The hoisting of rods, mesh and other materials except when a derrick or out" rigger operated by other than hand power is used. (d) All work on interior concrete columns, foundations for engine and machinery beds. (e) The stripping of forms, other than panel forms which are to be reused in their original form, and the stripping of forms on all flat arch work. The moving, cleaning, oiling and carrying of all forms to the next point of erection. CLRA and UUNA Local 1208 Collective Agreement 2022-2027 The snapping of wall ties and removal of tie rods. Handling, placing and operation of the nozzle, hoses and pots or hoppers on sandblasting or other abrasive cleaning. The jacking of slip forms and all semi and unskilled work connected therewith. STREETS, WAYS AND BRIDGES Work in the excavation, preparation, concreting, asphalt bitunminous concrete and mastic paving, paving, ramming, curning, flagging, and surfacing of streets, ways, courts, underpasses, bridges, approaches and slope walls and the grading and landscaping thereof and all other labour connected therewith. Cleaning, grading, fence or guard rail installation and/or removal for streets highways, roadways, aprons, runways, sidewalks, parking areas, airports, approaches and other similar installation. Preparation, construction and maintenance of roadbeds and sub-grade for all paving, including excavation, dumping and spreading of sub-grade material, ramming or otherwise compacting. Setting, levelling, and securing or bracing of metal or other road forms and expansion joints, includ

1.01

The purpose of this Agreement is to establish and maintain mutually satisfactory hours of work, wages and working conditions, and to provide a procedure for the prompt handling of grievances and orderly collective bargaining. In the interest of industrial peace and the elimination of interruptions of work, the Employer, the Union and Employees will abide by and observe the terms and conditions of the Agreement. ARTICLE 2 • RECOGNITION

2.01

The Employer recognizes the Union as the sole collective bargaining agent for all Employees engaged in work for which this Agreement covers the rate of pay, working rules and other conditions of employment as set forth herein.

2.02

The union hereby recognizes the CLRA as the sole and exclusive bargaining agent for all unionized Employers engaged in commercial and industrial construction in the Province of Newfoundland and Labrador.

5.01

It is agreed that should a dispute of a jurisdictional nature arise with respect to any of the work on the project covered by the scope of this agreement, the Employer will make an assignment of the disputed work. 5 :02 Where a decision of record applies to the work in dispute or where an agreement of record between the disputing trades applies to the work, the Employer shall assign the work in accordance with such agreement or decision of record.

5.03

It is agreed that work is to continue uninterrupted, as assigned, pending a settlement or decision.

5.04

When possible, the dispute shall be settled locally by the Unions involved.

5.05

If the dispute cannot be settled locally by the Unions involved, it shall be submitted to the International Unions involved for settlement. 5 :06 There shall be no slowdown, stoppage of work or other collective action to interfere with the progress of the work on the project because of a jurisdictional dispute. ARTICLE 6 • UNION SECURITY

6.01

As a condition of employment, it is agreed that only members of the Union, in good standing, shall be employed on work coming within the scope of this Agreement. All Employees shall keep up to date with their dues and assessments. Employees who fall in arrears with their monthly dues and/or travel service dues assessments while in the employ of an Employer shall be removed from the job at the request of the Union upon presentation of acceptable evidence to support the request.

6.02

The Company shall give preference of employment to and employ members in good standing in the Union, provided that they are qualified to perform the work required. However, should the Union be unable to furnish the workers required within five (5) days, the Company may hire Employees from other sources, who as a condition of employment within five (S) working days shall become a member and comply with the rules and regulations of the Union. Q~~ !!!C!!!L!!R!!A!!!a!!nd!!!!!!!ll!!!U!!!!N!!A!!L!!!o!!ca!!l!!!1!!2!!!08!!C!!!o!!l!!le!!ct!!1v!!e!!A!!g!!re!!!e!!m!!e!!nt!!2!!0!!22!!-!!20!!!2!!7!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!P!!a!!!g!!e!!!!1!!0 ~ @ ,~ (::fb

6.03

(a) Industrial Hiring When selecting Employees for Industrial jobs other than those where non-Union competition exists, the Employer shall select the first three {3) employees, exclusive of Foreperson for each contract on a job. Subsequent selection of employees for that separate contract shall be shared on a 50-50 basis; Union choice - Company choice before hiring. The Union agrees to furnish competent and qualified workers in so far as possible. When a name{s) is refused, the Union shall supply another name(s) to the Employer. The Employer shall notify the Union in writing reason(s) for refusal. All lay-offs shall be performed in such manner as to maintain the established ratio. (b) Commercial Hiring When selecting Employees for commercial jobs, the Employer shall select the first five (S) employees, inclusive of Foreperson for each project. The Union shall select the next two (2) employees. Subsequent selection of employees shall be shared on a 50· 50 basis; Company choice - Union choice. The Union agrees to furnish competent and qualified workers in so far as possible. When a name(s) is refused, the Union shall supply another name(s) to the Employer. The Employer shall notify the Union in writing reason(s) for refusal. All lay-offs shall be performed in such manner as to maintain the established ratio.

6.04

Employees shall receive four (4) hours of notice of lay-off or four (4) hours pay in lieu thereof. Employees shall give four (4) hours of notice to their employer before terminating employment.

6.05

When transferring employees from one jobsite to another jobsite, for more than one regularly scheduled shift, the contractor must notify the union. c·-· ARTICLE 7 - PRESERVATION OF WORK

7.01

Effective date of signing of the Agreement and expiring April 30, 2027, the parties agree that if and when the Employer shall perform any work of the type covered by this Agreement at the site of a construction project, under its own name or under the name of another, as a corporation, company, partnership or any other business entity, including a joint venture, wherein the Employer (including its officers, directors, owners, partners or stockholders) exercises either directly or indirectly (such as through family members) any significant degree of ownership management or control, the terms and conditions of this Agreement shall be applicable to all such work.

7.02

All charges of violations of Section 7:01 of this Article shall be considered as a dispute under this Agreement and shall be processed with the procedures for the handling of grievances and the final binding resolution of disputes, as provided in Article 23 of this Agreement. As a remedy for violations of this Section, the arbitrator (or arbitration board) provided for in Article 23 is empowered, at the CLRA and UUNA Local 1208 Collective Agreement 2022-2027 request of the Union, to require an Employer to (1) pay to the affected Employees covered by this Agreement, the equivalent of wages lost by such Employees as a result of the violations and (2) pay into affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations, including such interest as may be prescribed by the trustees or by law. Under no circumstances to be less than amount prescribed in Article 15:05. Provision for this remedy herein does not make remedy the exclusive remedy available to the Union for violation of this section; nor does it make the same as other remedies unavailable to the Union for violations of other sections or articles of this Agreement. above, or to defend an action which seeks to vacate such awards, the Employer shall pay an accountant's and attorney's fees incurred by the Union and/or the Fund trustees, plus costs of the litigation, which have resulted from the bringing of such court action. Employers pay only if found guilty.

7.03

If, as a result of this Article, it is necessary for the Union and /or the Trustees of the joint funds to institute court action to enforce an award in accordance with Article

7.04

ENABLING CLAUSE Where a particular Article or Articles of this Collective Agreement is or are found to work a hardship for a particular project or specific geographical area, the terms and conditions in this Agreement for that project or specific geographical area may be modified by the mutual consent of the Union and the Association when they deem it prudent. It is understood and agreed that where mutual agreement for such changes cannot be achieved, the request shall not be subject to either Grievance or Arbitration. r- 1_ _ - -·- - - -- - - - _ A_R_T_IC_L_ E__B_· _C_ H_EC_K _-_O_FF_ _

8.01

The check-off system for initiation, union dues and assessments using the RAND formula shall be operative for the life of this agreement. The Employer shall deduct the required dues and will transmit the monies collected to the officials designated by the Union, together with a list of all Employees from the Union on whose behalf such deductions have been made, no later than the fifteenth (15) of the following month. Any monies held by the Employer pursuant to the Article, whether before or after the date they are to be transmitted to the Union, shall be deemed to be held in trust.

Not legal advice. Verify the cited article against the signed agreement.