Category: Business Managers Updates

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Message re Teck Roaster, Union Security, Hiring, Exclusive Representatives of Management, Working Labour Day.

Video Message

To make sure we are on the same page for the upcoming work at Teck. This is a summary of our communication with Teck.

ARTICLE 4.00 – EMPLOYEE CLASSIFICATIONS

4.10 Foreperson

“A Foreperson shall be defined as a Journeyperson who is designated by the Employer to routinely issue orders and/or provide direction to Employees.”

We expect that any management representative will give their directions to the forepersons who will issue orders or provide direction to the journeypersons and apprentices.

ARTICLE 7.00- UNION DUES AND UNION REPRESENTATIVES

7.30 Union Representatives

“7.31 Union representatives, in the carrying out of their regular duties, shall be permitted access to a project during the meal period(s), but at any other time shall first be required to notify the Employer.”

“7.32 (a)Job Stewards shall be recognized on all projects and they shall not be discriminated against. The Union shall notify the Employer, in writing, of the name of the Job Steward and any subsequent change thereto.”

The current union representative for the job is Mike Barisoff.  Job stewards appointed by the union hall in writing.  Until job stewards are confirmed in writing Barisoff is the representative for the union on this job.

ARTICLE 10.00 -ANNUAL VACATION AND STATUTORY HOLIDAYS

10.30 Statutory Holidays

“10.32(c) No work shall be performed on Labour Day, except to save life or property.”

No member can be compelled to work on Labour Day nor can the employer ask the member to work or allow the member to work.  The union is the exclusive representative of the employees,  the employer cannot negotiate changes to the terms and conditions of the collective agreement directly with employees.

ARTICLE 11.00 – HIRING AND UNION SECURITY

11.12 Union Membership

“All Employees must be a member in good standing of the Union. Employees shall present a clearance slip to the Job Steward prior to commencement of work, and such clearance shall include confirmation of the Employee’s membership status.”

A member in good standing is a paid up member of IUBAC Local 2 BC and in good standing with their training commitments.  Their training commitments are integral in determining their status for hourly wage rate.  If a member has not completed their training obligations they may be dispatched to work after they have agreed to a course of action to complete the schooling to include registering for the next available course, beginning studies online, completing a level project to assess their skill at the trade.  The union will deal with dues arrears and incomplete training in the craft.

Any employee and union member working as a superintendent, manager or consultant is considered an exclusive representative of the employer.

Delivery of the workforce list more than one day in advance of a project keeps us ahead of status problems that would prevent an employee from going to work.  The list for the roaster start up crew only arrived this morning for a job that starts tomorrow.  In the future provide it sooner so there are no delays in commencement of the work.

ARTICLE 15.00-VARIANCE FROM MINIMUM STANDARDS

“Pursuant to the May 30, 2013 Mediation/Arbitration Decision issued by Mr. Vince Ready, Mediator/Arbitrator, unless otherwise agreed upon by the Union and CLR, in writing, an Employee is not entitled to seek a benefit(s) (i.e. anything above and beyond the minimum standards provided for within this Agreement) from an Employer, and an Employer is not entitled to provide such a benefit(s) to an Employee.”

The union has in writing asked the CLR and contractors to pay 2X the regular straight time rate for all hours on a Saturday and for all overtime hours if the company agrees to do so. 

We affirm that we seek the additional benefit of double time (2X) on Saturdays for our members on this job.  Does Clayburn agree? 

ARTICLE 17.00- EXTENT OF AGREEMENT

17.40 Enabling

“17.41The Union Business Manager, in conjunction with Employers signatory to this Agreement, may determine, on a “project by project” and/or “blanket enabling” basis, if special dispensation is required to become competitive, and should the necessity arise, may, by mutual agreement, and in writing, amend or delete any terms or conditions of this Agreement for the duration of the project(s). If Clayburn is interested in altering some of the terms and conditions under this agreement they can reach out to the union to request a change to the terms and conditions. Feel free to call to discuss further or if you have any questions.”

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Mandatory Covid 19 Vaccines

There have been a lot of confusing orders and “suggestions” from Governments, Health Authorities, Client/Owners and Contractors about mandatory vaccinations. Vaccinations are a medical procedure and you have the right to refuse a medical procedure. The problem is, we have been forced to choose between accepting employment and subjecting ourselves to what may be an unwanted medical procedure due to client/owner rules. What we can tell you is that although you cannot be forced to vaccinate, if a client/owner requires double vaccination to go on site and does not offer an alternative you will probably be denied entry to the site, unless you can prove vaccination. It does not make sense to cut out fifteen to twenty percent of the available work force. LNG Canada and Site-C and other sites have been doing quite well with Covid 19 testing, daily health checks, masking, ventilation and social distancing to control the spread since the beginning of the “pandemic”. On occasion there have been outbreaks but they have been handled by isolation and stricter camp rules. These measures protect workers from exposure. Given that the virus can be passed on by vaccinated persons, the testing and other safety measures should stay in place to continue to prevent transmission. We are pursuing every avenue to enable alternatives to vaccination while still keeping all members safe. For now, if you can, getting the vaccination would ensure you can accept any employment that comes your way. Many of us have already been vaccinated, however if you cannot see yourself taking the vaccination we are doing everything we can to make it possible for you to go to work on sites that have no vaccination requirement or an alternative.

Some clients/owners of industrial and commercial/institutional sites have been requiring double vaccination status in order to enter a work site and providing an alternative for those with a valid medical or religious reasons for not being vaccinated. In most cases a valid Covid 19 test done on site or within a couple of days of arriving on site is offered as an alternative to vaccination. Our local is currently looking into free rapid testing that can be done by our members and sent in by a designated verifier, which will provide an alternative to vaccination and still maintain member health care info privacy. In some cases the clients are requiring our contractors to ensure their employees, our members, are double vaccinated but the client is not requiring plant employees to double vax as well. This is probably illegal because the client/owner is not applying their vaccination policy equally to all on site. We are fighting to have this inequity corrected.

The federal government has put in place mandatory vaccinations for travel on airlines (effective October 30, 2021) which makes it impossible for anyone to travel to and from work via air without being vaccinated. There is a short term alternative for those who cannot take a vaccine for medical reasons, if you can show a valid COVID-19 molecular test within 72 hours of travel, this will suffice until November 30, 2021. Unfortunately, this has yet to be tested in the courts, and so if you want to fly but object to vaccination, you will not be allowed to travel by air in Canada. Fighting this federal order will be more difficult, and so any work with flight-based travel will be not available to those who have not vaccinated.

Geoff Higginson, President