Agreement with 2015 Rates.pdf · Page 4 of 174 10. Carpenters United Brotherhood of Carpenters and Joiners of America and Carpenters Local Union 579

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PROJECT AGREEMENT

between

HEBRON PROJECT EMPLOYERS’ ASSOCIATION INC.

and

RESOURCE DEVELOPMENT TRADES COUNCIL OF NEWFOUNDLAND AND LABRADOR

for

THE HEBRON DEVELOPMENT PROJECT

Working Copy

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Table of Contents

ARTICLE 1 PURPOSE .........................................................................................................................5

ARTICLE 2 PARTIES ...........................................................................................................................5

ARTICLE 3 DEFINITIONS ....................................................................................................................6

ARTICLE 4 SCOPE ..............................................................................................................................7

ARTICLE 5 FORM OF AGREEMENT ..................................................................................................8

ARTICLE 6 RECOGNITION..................................................................................................................9

ARTICLE 7 STRIKES AND LOCKOUTS .............................................................................................9

ARTICLE 8 UNION SECURITY ............................................................................................................9

ARTICLE 9 HIRING ........................................................................................................................... 10

ARTICLE 10 COUNCIL OF UNIONS AND CONTRACTOR SITE REPRESENTATIVES.................. 12

ARTICLE 11 ACCESS TO SITE .......................................................................................................... 13

ARTICLE 12 NO BARGAINING RELATIONSHIP FOR EXXONMOBIL CANADA PROPERTIES ... 13

ARTICLE 13 MANAGEMENT RIGHTS ............................................................................................... 13

ARTICLE 14 GRIEVANCE AND ARBITRATION PROCESS ............................................................. 14

ARTICLE 15 LIAISON COMMITTEE ................................................................................................... 16

ARTICLE 16 RESPONSIBILITY OF PARTIES ................................................................................... 18

ARTICLE 17 STEWARDS ................................................................................................................... 18

ARTICLE 18 COMPOSITE CREWS .................................................................................................... 19

ARTICLE 19 PREJOB CONFERENCE ............................................................................................... 20

ARTICLE 20 HOURS OF WORK, SHIFTS, OVERTIME AND TERMS OF PAYMENT ..................... 22

ARTICLE 21 OFFSHORE .................................................................................................................... 25

ARTICLE 22 CALLOUT ....................................................................................................................... 27

ARTICLE 23 REPORTING TIME ......................................................................................................... 27

ARTICLE 24 WAGES AND BENEFITS ............................................................................................... 28

ARTICLE 25 VACATION AND RECOGNIZED HOLIDAYS ............................................................... 29

ARTICLE 26 TERMINATION OF EMPLOYMENT .............................................................................. 30

ARTICLE 27 TRAVEL ZONE............................................................................................................... 30

ARTICLE 28 CAMP ACCOMMODATION ........................................................................................... 33

ARTICLE 29 LUNCHROOM AND SANITARY FACILITIES ............................................................... 34

ARTICLE 30 APPRENTICESHIP ........................................................................................................ 34

ARTICLE 31 TRAINING ....................................................................................................................... 35

ARTICLE 32 TOOLS ............................................................................................................................ 35

ARTICLE 33 DIVERSITY ..................................................................................................................... 36

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ARTICLE 34 HEALTH AND SAFETY ................................................................................................. 36

ARTICLE 35 SAVING CLAUSE .......................................................................................................... 37

ARTICLE 36 LEAVE OF ABSENCE ................................................................................................... 38

ARTICLE 37 WELDING TESTS .......................................................................................................... 38

ARTICLE 38 PROJECT ADMINISTRATION FUND ........................................................................... 39

ARTICLE 39 FOREIGN REGISTERED (MARINE & TRANSPORTATION) CONTRACTORS .......... 39

ARTICLE 40 DURATION ..................................................................................................................... 39

ARTICLE 41 HEBRON PROJECT PREMIUM .................................................................................... 40

ARTICLE 42 DESIGNATED FUND ..................................................................................................... 40

SIGNATURE PAGE 41

EXHIBIT A PANEL OF ARBITRATORS .......................................................................................... 44

EXHIBIT B JURISDICTION DISPUTES RESOLUTION PLAN ........................................................ 45

EXHIBIT C WORK SCHEDULES ..................................................................................................... 50

EXHIBIT D SITE MAP ....................................................................................................................... 58

EXHIBIT E ISLAND OF NEWFOUNDLAND TRAVEL ZONES ....................................................... 59

EXHIBIT F TRADE APPENDICES ................................................................................................... 60

1. Boilermakers International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203............................................................. 59

2. Bricklayers

International Union of Bricklayers and Allied Craftworkers and Local Union 1 ...... 69

3. Elevators International Union of Elevator Constructors and Local Union 125 A ..................... 75

4. Hotel and Restaurant

Hotel Employees and Restaurant Employees International Union and H&RW Local Union 779 ................................................................................................................ 80

5. Linesperson

International Brotherhood of Electrical Workers and Local Union 1620 ................. 86 6. Electrical

International Brotherhood of Electrical Workers and Local Union 2330 ................. 92

7. Insulators International Association of Heat and Frost Insulators and Allied Workers and Local Union 137 ................................................................................................................ 99

8. Ironworkers International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers and Local Union 764 .......................................................................... 104

9. Labourers

Labourers’ International Union of North America and the Construction and General Labourers’ Union, Rock and Tunnel Workers Local Union 1208 .......................... 112

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10. Carpenters United Brotherhood of Carpenters and Joiners of America and Carpenters Local Union 579 .............................................................................................................. 118

11. Millwrights

United Brotherhood of Carpenters and Joiners of America and Millwrights, Local Union 1009 ............................................................................................................ 124

12. Operating Engineers

International Union of Operating Engineers and Local Union 904 ........................ 130

13. Painters International Union of Painters and Allied Trades and Local Union 1984 ............. 139

14. Sheet Metal Workers

Sheet Metal Workers’ International Association and Local Union 512 ................. 144 15. Teamsters

The International Brotherhood of Teamsters and Local Union 855 ...................... 149

16. Plumbers and Pipefitting United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada, and Local Union 740 ........................................ 156

MEMORANDUM OF UNDERSTANDINGS Memorandum of Understanding RE: IBEW 1620 ............................................ 165 Memoradum of Understanding RE: Insulators ................................................ 167 Memorandum of Understanding RE: Operating Engineers ........................... 169 Memorandum of Understanding RE: Painters................................................. 171

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ARTICLE 1 PURPOSE

1.01 The purpose of this AGREEMENT is to establish the terms and conditions of employment for workers employed by CONTRACTORS at the Bull Arm SITE. The AGREEMENT shall apply to, among other things, rates of pay, benefits, hours of work and other working conditions so as to promote orderly and productive relations and achieve uninterrupted completion of the project, on time, within budget while maintaining an exemplary safety record. Both PARTIES shall comply with the terms and conditions of the Hebron Project Benefits Agreement signed August 20th, 2008.

ARTICLE 2 PARTIES

2.01 The PARTIES to this AGREEMENT shall be as follows:

a) Hebron Project Employers’ Association Inc. b) Resource Development Trades Council of Newfoundland and Labrador on

behalf of the following signatory Department and Unions:

i. The Canadian Office of the Building and Construction Trades Department, AFL – CIO

ii. International Association of Heat and Frost Insulators and Allied Workers and

Local Union 137

iii. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203

iv. International Union of Bricklayers and Allied Craftworkers and Local Union 1

v. United Brotherhood of Carpenters and Joiners of America and Carpenters

Local Union 579

vi. United Brotherhood of Carpenters and Joiners of America and Millwrights, Local Union 1009

vii. International Brotherhood of Electrical Workers and Local Union 2330

viii. International Brotherhood of Electrical Workers and Local Union 1620

ix. International Association of Bridge, Structural, Ornamental and Reinforcing

Ironworkers and Local Union 764

x. Labourers’ International Union of North America and the Construction and General Labourers’ Union, Rock and Tunnel Workers Local Union 1208

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xi. International Union of Operating Engineers and Local Union 904

xii. International Union of Painters and Allied Trades and Local Union 1984

xiii. The International Brotherhood of Teamsters and Local Union 855

xiv. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada, and Local Union 740

xv. Sheet Metal Workers’ International Association and Local Union 512

xvi. Hotel Employees and Restaurant Employees International Union and H&RW

Local Union 779

xvii. International Union of Elevator Constructors and Local Union 125 A

2.02 Any other Unions who become members of the COUNCIL OF UNIONS shall also be signatory to this AGREEMENT.

ARTICLE 3 DEFINITIONS

3.01 In this AGREEMENT the following words and phrases have the respective meanings given below:

a) AGREEMENT means this instrument, including the Exhibits and the Appendices hereto.

b) ASSOCIATION means the Hebron Project Employers’ Association Inc., a corporation, having an office in the City of St. John’s, Newfoundland and Labrador, Canada, acting for and on behalf of the CONTRACTORS, carrying out WORK at the SITE.

c) CONTRACTOR means all CONTRACTORS, including the PRIME CONTRACTORS and sub-contractors.

d) COUNCIL OF UNIONS means the Resource Development Trades Council of Newfoundland and Labrador comprised of the trade unions and the Canadian Office of the Building and Construction Trades Department, AFL-CIO listed in Article 2.01 b) and 2.02 of this AGREEMENT.

e) NEWFOUNDLAND AND LABRADOR RESIDENT means a Canadian or landed immigrant who has his/her PRINCIPAL RESIDENCE in the Province of Newfoundland and Labrador. Factors and/or current documents to be examined when determining who is a resident may include property tax assessment; lease agreement; driver’s license; vehicle registration; income tax returns; voter’s list registration or MCP number.

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f) OWNER means the Hebron Group for which ExxonMobil Canada Properties acts as Operator.

g) PARTY or PARTIES means the two (2) parties set forth in Article 2.00 hereof or any one of them.

h) PRIME CONTRACTORS means the CONTRACTORS, engaged directly by the OWNER, to carry out the WORK at the SITE.

i) PRINCIPAL RESIDENCE means the place where the worker maintains a self-contained domestic establishment where he/she ordinarily resides, that is, a dwelling, house or similar place of residence where a person generally eats and sleeps.

j) SITE means the Great Mosquito Cove area of Bull Arm, Trinity Bay, Newfoundland and Labrador, including the onshore, atshore and inshore locations, as per the SITE Map in Exhibit D.

k) TEMPORARY FOREIGN WORKERS means workers, or prospective workers, who are not citizens or permanent residents of Canada.

l) UNION means a UNION affiliated to the COUNCIL OF UNIONS and includes its parent International Union where the context requires.

m) WORK means the construction or fabrication activities of the Gravity Base Structure, Topsides and Platform Hook-Up for the Hebron Development Project carried out for CONTRACTORS at the SITE by workers represented by the COUNCIL OF UNIONS.

n) WORK SCHEDULE means the number of scheduled work days and the number of scheduled days of rest to which a worker may be assigned by the CONTRACTOR.

ARTICLE 4 SCOPE

4.01 The terms of this AGREEMENT shall apply to WORK carried out at the SITE for the CONTRACTORS by the workers represented by the COUNCIL OF UNIONS in the classifications outlined in the attached Appendices.

The provisions set out in this AGREEMENT shall apply to each CONTRACTOR in respect to their workers engaged in WORK on the SITE for which the COUNCIL OF UNIONS has established and retained or subsequently acquires and retains the right of collective bargaining.

4.02 The ASSOCIATION and the COUNCIL OF UNIONS may, by written mutual agreement, amend the terms of this AGREEMENT.

4.03 The terms of this AGREEMENT, including the Appendices, shall take precedence over existing or future union contracts or agreements.

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4.04 Except as otherwise provided herein, vehicles transporting or delivering materials, modules, goods and supplies to and from the SITE, which are not operated by members of the COUNCIL OF UNIONS, shall be permitted to make one drop or pick-up on the SITE at or near the point of their installation or otherwise as directed.

Any module transported to the SITE requiring specialized delivery equipment may be delivered from its point of disembarkation to its point of installation by personnel who may not be members of the COUNCIL OF UNIONS.

One (1), possibly two (2), batch plants shall be established on SITE. If concrete is required prior to this, deliveries will be made to the points of installation by personnel, who may not be members of the COUNCIL OF UNIONS. If the capacity of the batch plant(s) operation on SITE cannot supply the required concrete in a timely fashion, or in the case of breakdown of the plant(s), concrete deliveries may be made to points of installation on an as needed basis only, by personnel, who may not be members of the COUNCIL OF UNIONS.

If a rock crusher operation is established on SITE, it shall fall under the terms of the AGREEMENT.

All truck transportation of aggregate, rock and spoil within the boundaries of the SITE is under the terms of the AGREEMENT.

All truck transportation of aggregate, rock and spoil from the SITE shall be carried out under the terms of the AGREEMENT.

Garbage and recyclables shall be accumulated and delivered for sorting to a central location on SITE. This work shall fall under the terms of the AGREEMENT.

In the specific instance of trucks transporting aggregate onto the SITE, the drivers shall pay Union dues to the appropriate UNION.

4.05 WORK, commenced at Bull Arm, requiring completion by the same CONTRACTOR offshore, shall be completed by members of the COUNCIL OF UNIONS under the terms and conditions of this AGREEMENT.

4.06 Solid ballasting, whether undertaken at Bull Arm or offshore, is WORK and shall be completed by members of the COUNCIL OF UNIONS under the terms and conditions of this AGREEMENT.

ARTICLE 5 FORM OF AGREEMENT

5.01 This AGREEMENT consists of a Master Portion, Exhibits and Trade Appendices.

5.02 The Master Portion of this AGREEMENT defines and governs the conditions of employment at the SITE.

5.03 A Trade Appendix shall be attached to and form part of this AGREEMENT for each member of the COUNCIL OF UNIONS. Each Trade Appendix shall include

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only those matters that are not covered in the Master Portion and which are specific to a particular trade.

5.04 In any case of conflict between a Trade Appendix and the Master Portion of this AGREEMENT, the Master Portion shall govern.

ARTICLE 6 RECOGNITION

6.01 The ASSOCIATION recognizes the COUNCIL OF UNIONS as the sole and exclusive bargaining agent for workers of the CONTRACTORS engaged in WORK at the SITE and described in the classifications set forth in the attached Appendices.

6.02 The COUNCIL OF UNIONS hereby recognizes the ASSOCIATION as the sole and exclusive bargaining agent for all CONTRACTORS engaged in WORK at the SITE.

ARTICLE 7 STRIKES AND LOCKOUTS

7.01 During the life of this AGREEMENT there shall be no lockouts by a CONTRACTOR, and there shall be no strikes, slow-downs, or concerted activities designed to restrict or limit productivity, on the part of any UNION or worker employed at the SITE.

7.02 No worker shall refuse to perform WORK for a CONTRACTOR in accordance with the provisions of the Labour Relations Act of the Province of Newfoundland and Labrador, Division III – Special Projects, Section 70 (7).

7.03 No UNION or worker shall refuse to handle or install any material, equipment or components or to honour hot cargo edicts, or otherwise during the life of this AGREEMENT.

ARTICLE 8 UNION SECURITY

8.01 The CONTRACTOR shall not discriminate against any worker by reason of membership in a UNION.

8.02 Every worker, who is a member or becomes a member of a UNION, shall maintain his/her membership in a UNION as a condition of employment.

8.03 Every new worker, including TEMPORARY FOREIGN WORKERS, shall be given the option to make application to become a member in a UNION. However, they are required to pay Union dues and assessments as a condition of employment.

8.04 Payment of all UNION assessments, dues, initiation fees and working/field dues are a condition of employment and shall be deducted by the CONTRACTORS and

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remitted to the appropriate UNION as specified in its Trade Appendix. These deductions shall be authorized by any worker covered by this AGREEMENT.

Any worker, who refuses or neglects to sign the appropriate forms, or who revokes the authorization, or who resigns membership in the UNION will be deemed to have forfeited his/her right for employment on the Project and will be deemed to have voluntarily resigned.

8.05 A person shall be deemed to be in good standing with the Union for purposes of compliance with Article 8.03 above if he/she has paid the one time permit fee in an amount that is consistent with the UNION’S historical practices and which has not been unreasonably increased for the Hebron Development Project. The person shall authorize Union dues deductions and assessments, notwithstanding the fact that the person has not joined the Union.

ARTICLE 9 HIRING

9.01 The ASSOCIATION and the COUNCIL OF UNIONS agree that, as required by the federal and provincial Atlantic Accord legislation, full and fair opportunity for employment shall be provided to qualified Canadians. Consistent with the Charter of Rights and Freedoms, qualified NEWFOUNDLAND AND LABRADOR RESIDENTS shall be given first consideration for employment and training.

The PARTIES are committed to working cooperatively to identify, recruit and employ workers in the following order of priority for WORK on the SITE:

1. Qualified members of the UNION, who are NEWFOUNDLAND AND LABRADOR RESIDENTS;

2. Qualified NEWFOUNDLAND AND LABRADOR RESIDENTS; 3. Qualified Canadian workers, who are members of affiliated Unions; 4. Qualified Canadian workers; 5. Qualified legal residents of the United States of America, who are members

of Unions affiliated to the COUNCIL OF UNIONS and who are authorized to enter and work in Canada; and

6. Other qualified non-Canadian workers who are authorized to enter and work in Canada.

9.02 Hiring shall be done in cooperation with the UNIONS with sixty percent (60%) / forty percent (40%) UNION/CONTRACTOR name hire directly from the UNION out-of-work list. The UNION shall select the first (1st) worker from the UNION’S out-of-work list, and the CONTRACTOR shall select the second (2nd) worker from the UNION’S out-of-work list. The UNION shall select the third (3rd) and fourth (4th) workers from the UNION’S out-of-work list and the CONTRACTOR shall select the fifth (5th) worker from the UNION’S out-of-work list. This sequence shall be repeated for all the remaining hires from the UNION’S out-of-work list.

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The above hiring procedure may be adjusted by mutual agreement between the CONTRACTOR and the UNION and in accordance with provisions of the trade appendices.

9.03 Subject to provisions of Article 9.01, CONTRACTORS shall only hire workers who are members of the UNION and who have been furnished by the UNION. As a condition of employment, these workers shall remain in good standing in the UNION and comply with all rules and regulations of the UNION.

If the UNION is unable to supply the workers required within three (3) consecutive days, exclusive of Saturdays, Sundays and Statutory Holidays, the CONTRACTOR may hire from other sources, subject to Article 9.01. All workers shall be cleared through the appropriate UNION prior to commencing WORK, and as a condition of employment, shall comply with all rules and regulations of the appropriate UNION.

All hiring shall be done through the UNION office and no worker shall be employed unless he/she is in possession of a referral slip from the UNION Office. The signed referral slip shall be presented to and approved by the Shop Steward or COUNCIL OF UNIONS Site Representative prior to commencement of WORK.

9.04 The COUNCIL OF UNIONS recognizes the CONTRACTORS’ right to determine the competence and qualifications, including medical and physical fitness, of a worker to perform the WORK for which he/she is employed.

9.05 Notwithstanding Article 9.02, CONTRACTORS have the right to select their forepersons and general forepersons from the UNION out-of-work lists.

The foreperson to worker ratio per trade shall not exceed ten (10) workers to one (1) foreperson unless modified by mutual agreement. The ratio of foreperson to general foreperson shall be three (3) forepersons to one (1) general foreperson.

The above ratios may be adjusted, by mutual agreement between the CONTRACTOR and the UNION, in accordance with provisions of the Trade Appendices.

9.06 The UNIONS shall ensure that those workers referred to the SITE do not have to travel in order to pick up their referral slip. The UNION shall make every effort to use facsimile transmission, courier service or some other efficient means to avoid unnecessary travel, transportation and delay. The worker shall sign the referral slip and provide it to the COUNCIL OF UNIONS’ Site Representative before he/she is allowed to commence work.

9.07 The nature of the concrete pours/slip-forming on the Gravity Base Structure shall, from time to time, require the interruption of those concrete pours, which shall result in the temporary layoff of workers impacting the trades of Ironworkers, Labourers, Carpenters and Cement Masons, for short periods of time. For those work interruptions (not exceeding thirty (30) days), the CONTRACTOR shall advise the above UNIONS of its recall needs and those UNIONS shall issue a referral slip in the same order as initial hire.

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Temporary layoffs shall occur in reverse order of the hiring priority described in Article 9.01. For greater clarity, the last workers to be laid-off shall be members of the COUNCIL OF UNIONS, subject to their qualifications to complete the remaining concrete pours.

9.08 Local Unions shall not be required to present their membership lists to any prospective employer; but agree that information that is publicly displayed as to whether or not a member is out of work may be viewed by the employer.

ARTICLE 10 COUNCIL OF UNIONS AND CONTRACTOR SITE REPRESENTATIVES

10.01 The ASSOCIATION shall designate a Site Representative for each PRIME CONTRACTOR with full authority to administer the terms of this AGREEMENT. The COUNCIL OF UNIONS agrees to recognize the ASSOCIATION’s Site Representatives and their authority to carry out those duties. The ASSOCIATION’s Site Representatives shall be ex officio members of all joint committees, except the Liaison Committee.

10.02 The COUNCIL OF UNIONS shall designate a Site Representative for each PRIME CONTRACTOR with full authority to administer the terms of this AGREEMENT. The ASSOCIATION agrees to recognize the COUNCIL OF UNIONS’ Site Representatives and their authority to carry out those duties. The COUNCIL OF UNIONS’Site Representatives shall be ex officio members of all joint committees, except the Liaison Committee.

10.03 The Site Representatives appointed in Article10.01 and Article 10.02 shall have offices at the SITE and the offices shall be comparably outfitted with equipment and access to amenities similar to other SITE project offices. The offices will be located at the GBS project area and the Topsides project area. The Site Representatives shall be provided a vehicle for purposes of attending to their respective responsibilities on SITE. The Site Representatives appointed in Article10.01 and Article 10.02 shall be eligible for accommodation at the SITE.

10.04 The COUNCIL OF UNIONS’ Site Representatives shall be empowered by the COUNCIL OF UNIONS to deal directly with the ASSOCIATION’s Site Representatives on all matters relative to this AGREEMENT. They shall cooperate in the implementation and administration of employee-related programs. An alternate COUNCIL OF UNIONS’ Site Representative may be appointed when necessary.

10.05 The ASSOCIATION’s Site Representatives shall be empowered by the ASSOCIATION to deal directly with the COUNCIL OF UNIONS’ Site Representatives on all matters relative to this AGREEMENT. They shall cooperate in the implementation and administration of employee-related programs. An alternate ASSOCIATION Site Representative may be appointed when necessary.

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ARTICLE 11 ACCESS TO SITE

11.01 International Representatives, Business Managers or Agents, designated in writing by the COUNCIL OF UNIONS, shall have access to the SITE and in no case shall the visits interfere with the progress of the WORK. Admission to the SITE will be in accordance with SITE policies and procedures. Prior arrangements for access to the SITE will be made with the appropriate COUNCIL OF UNIONS’ Site Representative through the appropriate ASSOCIATION’s Site Representative. The appropriate ASSOCIATION’s Representative shall be given twenty-four (24) hours notice of a SITE visit, whenever practical.

ARTICLE 12 NO BARGAINING RELATIONSHIP FOR EXXONMOBIL CANADA PROPERTIES

12.01 It is understood by the PARTIES hereto that no bargaining relationship is created by ExxonMobil Canada Properties, subsidiaries and affiliates and their successors, or any of its Project partners, with a Local Union, the COUNCIL OF UNIONS, or any affiliate of the COUNCIL OF UNIONS, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador.

12.02 Similarly, where ExxonMobil Canada Properties has participated in any way in the processes and administrative matters contemplated in this AGREEMENT, it is only for the enhancement of the Project and in no way can be construed to be creating a bargaining relationship, extending a voluntary recognition or taking actions which, by action of law, would bind ExxonMobil Canada Properties to any Collective Agreement with a Local Union, the COUNCIL OF UNIONS, or any affiliate of the COUNCIL OF UNIONS.

12.03 Where ExxonMobil Canada Properties is mentioned in this AGREEMENT, the term shall be taken to mean the person or persons designated by ExxonMobil Canada Properties in respect to participation in the administration of portions of this AGREEMENT, wherever that context is appropriate.

ARTICLE 13 MANAGEMENT RIGHTS

13.01 The COUNCIL OF UNIONS acknowledges that it is the exclusive function and right of the CONTRACTORS, subject to the provisions of this AGREEMENT, to:

a) operate and manage their businesses in all respects; b) maintain order, discipline and efficiency; c) make and alter from time to time, policies, rules and regulations to be

observed by workers, providing they are uniformly and fairly applied to all workers and are not in conflict with this AGREEMENT;

d) direct the work force and establish WORK SCHEDULES;

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e) determine job content, including methods, processes and means of production and handling;

f) hire, promote, demote and lay off because of lack of work; g) Discipline, suspend and discharge any worker for just cause; however, the

discipline, suspension or discharge will be subject to the Grievance and Arbitration Process in Article 14.00.

It is agreed that the foregoing enumerations shall not be deemed to exclude other management functions and rights.

ARTICLE 14 GRIEVANCE AND ARBITRATION PROCESS

14.01 It is the mutual desire of the PARTIES that any issue arising out of the interpretation, application or alleged violation of the AGREEMENT, including those related to discipline, shall be adjusted, without strike, lockout or slowdown of WORK, as quickly as possible in accordance with the procedure outlined below. For the purpose of this Article, working days means those scheduled days of work for the affected worker or workers.

Any worker, assisted by his/her Steward, and Site Representative, if he/she so desires, may present an issue to the immediate Supervisor within five (5) working days after the circumstances giving rise to the issue have occurred or within five (5) working days of the worker becoming aware of the circumstances. The Supervisor may be assisted by the appropriate ASSOCIATION’s Site Representative, if he/she so desires.

The immediate Supervisor will render a decision within one (1) working day. Decisions are rendered solely for the purpose of resolving the issue and shall not be considered as binding in any other disputes.

STEP 1: Any worker, assisted by his/her Steward, and Site Representative, if he/she so desires, may present an issue in writing to his/her immediate Supervisor within five (5) working days after the circumstances giving rise to the issue have occurred or originated or within five (5) working days of the worker becoming aware of the circumstances. The issue shall state the alleged violation and indicate the Article or Articles of the AGREEMENT, which it is alleged are being violated and the remedy sought. The Supervisor will render his/her decision, in writing, within five (5) working days of being presented with the issue. The Supervisor may be assisted by the appropriate ASSOCIATION’s Site Representative, if he/she so desires.

STEP 2: Should the issue be unresolved, the worker, assisted by his/her Steward, if he/she so desires and the appropriate COUNCIL OF UNIONS’ Site Representative as designated in Article 10.02, shall submit the matter, in writing, within a further four (4) working days to the CONTRACTOR and the appropriate ASSOCIATION’s Site Representative. The issue shall state the alleged violation and indicate the Article

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or Articles of the AGREEMENT, which it is alleged are being violated and the remedy sought. The CONTRACTOR will render a decision, in writing, within four (4) working days of receiving written notification.

STEP 3: If unresolved at Step 2, as a final attempt to resolve the issue, the appropriate ASSOCIATION’s Site Representative(s) shall meet with the COUNCIL OF UNIONS’ Site Representative(s) within four (4) working days. If no resolution can be achieved within four (4) working days, the matter may be referred to arbitration in accordance with the procedure contained herein.

14.02 a) In case of suspension or discharge, an issue may be initiated at Step 3.

b) The PARTIES agree that any issue, which has not been settled, may be referred to mediation by mutual consent.

Use of mediation shall not limit the right of the PARTIES to use the Grievance Procedure. The PARTIES agree that, failing a mutual and timely mediated resolution, either PARTY may proceed to utilize the grievance provisions under this Article. Either PARTY may terminate, in writing, the mediation process at any time and proceed directly to Step 3 of the Grievance Procedure.

Should a PARTY wish to mediate an issue, it must advise the other PARTY, in writing, of its desire to do so. Both PARTIES must mutually agree upon a neutral third person, who will assist the ASSOCIATION and the COUNCIL OF UNIONS to discuss the issue and reach a resolution in a mutually acceptable manner. When mediation results in a mutual resolution of the grievance, the PARTIES will sign a Mediation Agreement. If the PARTIES have identified an issue is not appropriate for mediation, either party may continue with the grievance process.

A mediated settlement, which resolves the issue, shall not be considered as binding in any other disputes.

A Mediator, appointed under this Article, shall not be used as the Arbitrator in the same matter.

14.03 a) It is understood that the ASSOCIATION may file an issue, in writing, with the COUNCIL OF UNIONS commencing at step 3 and if the issue is not successfully resolved within four (4) working days, it may be referred to arbitration.

b) It is understood that the COUNCIL OF UNIONS may file an issue, in writing, with the ASSOCIATION commencing at step 3 and if the issue is not successfully resolved within four (4) working days, it may be referred to arbitration.

14.04 Any referral to arbitration will be made within two (2) working days of the final decision of Article 14.01, Step 3. The Arbitrator will be appointed as follows:

The Arbitrator shall be selected in rotation from a panel of five (5) Arbitrators, acceptable to the PARTIES, which is attached as Exhibit A, forming part of this

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AGREEMENT. The panel shall be updated by the PARTIES once each year during the term of this AGREEMENT. Should the Arbitrator whose turn it is, be unable to act, within the time requirements outlined in Articles 14.05 and 14.06, the next Arbitrator on the list will be selected.

14.05 The Arbitrator shall, within five (5) working days of his/her appointment, convene a meeting to hear the relevant evidence. The decision of the Arbitrator shall be final and binding on the PARTIES.

14.06 The Arbitrator shall render his/her decision in writing to the PARTIES within five (5) working days of the hearing, unless otherwise specified by consent of the PARTIES.

14.07 The Arbitrator shall not have any power to alter or change any of the provisions of this AGREEMENT or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this AGREEMENT.

14.08 Each of the PARTIES shall pay an equal share of the expenses and fees of the Arbitrator.

14.09 Each of the PARTIES to and every person bound by this AGREEMENT and every person on whose behalf the AGREEMENT is entered into shall comply with the provisions for final settlement contained in this AGREEMENT and shall comply with any decision of the Arbitrator appointed in accordance with the provisions herein and shall do or abstain from doing anything required by that decision.

14.10 Time limits are mandatory but may be adjusted by mutual agreement of the PARTIES, evidenced in writing.

14.11 It is recognized that by mutual agreement of the PARTIES, evidenced in writing, the Grievance and Arbitration Process and time limits may be waived and the issue referred directly to arbitration.

14.12 Either PARTY to an arbitration procedure shall notify the other PARTY, in writing, of any preliminary objection within four (4) working days prior to the commencement of the Arbitration hearing in accordance with Article 14.04.

ARTICLE 15 LIAISON COMMITTEE

15.01 A Liaison Committee shall be established within ninety (90) days following the signing of the AGREEMENT and shall meet upon reasonable notice at the call of either of the PARTIES signatory hereto, or at least quarterly, to discuss matters of mutual interest pertaining to the Project and/or this AGREEMENT, with the objective of promoting and maintaining beneficial relations and cooperation between the PARTIES, and of ensuring the achievement of the purposes of this AGREEMENT.

15.02 The Liaison Committee shall consist of four (4) representatives from each of the PARTIES.

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Each of the PARTIES shall have a cumulative representation equal to the number of representatives present from the other PARTY. The PARTIES agree that because of its interest in the project, the OWNER or its designee is entitled to participate in the affairs of the Liaison Committee. Persons appointed to the Liaison Committee by the OWNER will be entitled to participate fully in the proceedings of the Committee but will not be entitled to vote.

The Liaison Committee shall include the following:

ASSOCIATION:

• Two Representatives from each of the PRIME CONTRACTORS (4)

COUNCIL OF UNIONS:

• Director of Canadian Affairs of the Building Construction Trades Department (or Designee)

• President of the COUNCIL OF UNIONS • Executive Director of the COUNCIL OF UNIONS • Secretary of the COUNCIL OF UNIONS

15.03 The responsibilities of the Liaison Committee shall include:

a) Establishing terms of reference for the Liaison Committee giving due recognition to the language and intent and purposes of this AGREEMENT. It is also the intention of the PARTIES that the Liaison Committee will be respectful of the collective bargaining, collective agreement administration and other bargaining agency roles and responsibilities of the ASSOCIATION and the COUNCIL OF UNIONS.

b) Establishing rules of procedure for the Liaison Committee to carry out its responsibilities.

c) Establishing processes to ensure that decisions of the Liaison Committee that affect this AGREEMENT are recommended to the parties for incorporation into this AGREEMENT.

d) Establishing methods of resolving issues that the PARTIES to and the persons bound by this AGREEMENT are unable to quickly resolve.

e) Assisting in the development, implementation and administration of initiatives towards the enhancement of quality and productivity.

f) Dealing with the matters as are referred to it through this AGREEMENT.

g) Establishing and implementing programs and measures to enhance the training and mentoring of Supervisors, candidates for supervisory positions, Stewards, candidates for steward positions, and apprentices.

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ARTICLE 16 RESPONSIBILITY OF PARTIES

16.01 The ASSOCIATION shall bind the CONTRACTORS to the terms of this AGREEMENT before commencement of their WORK.

16.02 The UNIONS, which are members of the COUNCIL OF UNIONS jointly and severally agree with the ASSOCIATION and with each other to maintain the COUNCIL OF UNIONS, composed of their accredited representatives, and they hereby delegate to the COUNCIL OF UNIONS their rights as bargaining agents for members of their respective UNIONS who come within the scope of this AGREEMENT, and they agree during the term thereof, not to seek to bargain individually with the ASSOCIATION or any CONTRACTOR and to be governed exclusively by the terms of this AGREEMENT and by all lawful settlements of issues and differences made pursuant to the terms of this AGREEMENT.

ARTICLE 17 STEWARDS

17.01 Stewards shall be appointed by the Business Manager or his/her representative. The appointment shall be confirmed in writing to the CONTRACTOR by the appropriate Site Representative.

17.02 The Steward shall receive permission from his/her immediate Supervisor before leaving his/her WORK location to deal with issues relating to this AGREEMENT. Permission will not be arbitrarily denied.

17.03 The Steward shall not be discriminated against and shall be the last worker employed, provided he/she is qualified for the classification of the WORK being performed.

17.04 There shall be no non-working Stewards. However, subject to Article 17.02, Stewards shall be granted sufficient time to conduct their legitimate duties during working hours.

17.05 Where overtime is worked by a crew, the Steward shall be one of the overtime crew or shall be given the opportunity to designate a replacement Steward within the crew in the event he/she does not possess the necessary qualifications to do the WORK.

17.06 When a scheduled second and/or third shift occurs, Stewards for these shift(s) shall be appointed.

17.07 The CONTRACTOR shall notify the Business Manager or his/her representative, in writing, prior to the termination of a Steward.

17.08 The Steward, in carrying out his/her duties, may involve the appropriate COUNCIL OF UNIONS’ Site Representative.

17.09 Stewards and Supervisors shall receive special training in the administration of this AGREEMENT at the SITE. The training shall be conducted jointly by the COUNCIL OF UNIONS and the ASSOCIATION.

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ARTICLE 18 COMPOSITE CREWS

18.01 The COUNCIL OF UNIONS and ASSOCIATION are committed to:

(a) maintaining a healthy, respectful and trusting work environment;

(b) fostering open and positive relations; and

(c) working cooperatively to maximize productivity.

18.02 The COUNCIL OF UNIONS and ASSOCIATION acknowledge that the use of composite crews as provided in this AGREEMENT will enhance productivity and promote a team approach to executing the WORK. There shall be a Composite Crew Committee consisting of the following:

(a) the COUNCIL OF UNIONS’ Site Representatives and Executive Director;

(b) the ASSOCIATION’s Site Representatives;

(c) a representative of each affected UNION for each specific composite crew request; and

(d) a representative of each affected CONTRACTOR.

18.03 Composite crews for specific scopes of WORK may be utilized subject to the following:

(a) The ASSOCIATION shall provide the following detail to the Composite Crew Committee, prior to the mark-up, if practical, or prior to the start of the WORK for which the composite crew is requested;

(i) scope of the WORK;

(ii) trades to be utilized;

(iii) the number of hours estimated to complete the WORK for each trade on the basis of normal jurisdictional trade assignments; and

(iv) the estimated number of workers per trade to create the composite crew requested. Each trade shall provide workers to work on the composite crew on a proportional basis consistent with the estimated hours of WORK per trade.

(b) The creation of composite crew(s) for a specific scope of work shall be subject to the consent of each UNION providing members to the composite crew no later than Day 11 in the mark-up process or a later date as agreed to by the affected parties. Where mutually agreed by the ASSOCIATION and the affected Unions to be necessary, assignment of work may be to composite crews. The request for composite crews by the ASSOCIATION will not be unreasonably denied.

18.04 The following procedure shall be followed for the utilization of a composite crew:

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a) Each UNION, subject to availability, shall provide members to work on the composite crew on a proportional basis consistent with the estimated hours of work per trade. The UNION providing the greatest number of workers, to the composite crew shall provide the first foreperson and general foreperson, subject to the province’s regulations and availability. If additional supervision is required, the supervision shall be provided on a proportional basis, if practical.

b) UNIONS dispatching members shall advise members they shall be working on a composite crew.

c) Workers shall perform the WORK they are assigned.

d) Composite crew work assignments shall be on a without prejudice basis.

18.05 In the event of a material change in any of the circumstances that led to the creation of the composite crew under Article 18.04, either party may request the Composite Crew Committee to review its decision and make necessary adjustments.

ARTICLE 19 PREJOB CONFERENCE

19.01 Each UNION maintains claims to jurisdiction pursuant to the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (commonly called the "Green Book" and referred to hereinafter as the "Plan"). In making work assignments, the CONTRACTOR shall assign WORK according to the Plan unless modified by this AGREEMENT.

19.02 Having regard for special requirements for construction of a project of this type, together with safety, efficiency, cost or continuity and good management, the PARTIES have agreed to an intended assignment plan by a Jurisdictional Umpire they have selected. The Jurisdictional Umpire shall be bound by the criteria set out in the Plan unless modified by this AGREEMENT.

19.03 The ASSOCIATION shall give notice to the COUNCIL OF UNIONS of each contract awarded, which is within the scope of this AGREEMENT. Wherever possible, a mark-up conference shall be conducted prior to the commencement of WORK.

19.04 The WORK shall be marked up in accordance with the following timetable:

Day 1 – The ASSOCIATION shall give written notice of a mark-up meeting and issue initial assignments to the COUNCIL OF UNIONS. A copy of drawings and specifications shall be provided to the COUNCIL OF UNIONS at its St. John’s office. If a composite crew is included in the initial assignments, the Composite Crew Committee shall meet as per Article 18, prior to Day 4. When a composite crew is requested, the ASSOCIATION will endeavour to provide notice of the request prior to Day 1.

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Day 4 – The ASSOCIATION shall convene a mark-up meeting to outline the scope of work and record claims of UNIONS on initial assignments. All claims for WORK shall be finalized at the mark-up meeting or by prior written notice from the UNION, except in the case of composite crews. Day 6 – The ASSOCIATION shall distribute a record of all claims made at the mark-up meeting. Day 8 – Last day for claiming or defending UNIONS to file evidence in support of their claim or assignment. Day 11 – The ASSOCIATION shall notify all UNIONS of final assignment(s). Day 13 – Last day for claiming UNION(S) to request Jurisdictional Umpire or relinquish the right to call for a Jurisdictional Umpire for that particular assignment only. Day 17 – Last day for the Jurisdictional Umpire to hold a hearing. Day 20 – Last day for the Jurisdictional Umpire to render a decision. The foregoing timetable may be relaxed by mutual consent between the COUNCIL OF UNIONS and the ASSOCIATION. Any UNION not present at the mark-up meeting shall have seven (7) days to file a claim on additional work scope items that were identified at the mark-up meeting.

19.05 Days are calendar days excluding Saturdays, Sundays and Recognized Holidays as listed in Article 25. Each day shall end at 5:00 p.m. local (location of the mark-up meeting) time.

19.06 The ASSOCIATION and the COUNCIL OF UNIONS will retain the services of a Jurisdictional Umpire acceptable to both PARTIES. Each party to the hearing shall bear its own expenses and agree that the fees and expenses of the Jurisdictional Umpire shall be borne by the losing party or parties, as determined by the Umpire. In exceptional circumstances, the losing party or parties may request the Liaison Committee to review an order as it pertains to the payment of fees and expenses to be paid by the losing party or parties.

19.07 The Jurisdiction Disputes Resolution Plan shall be set forth in Exhibit B of the AGREEMENT. The Jurisdictional Umpire cannot award costs or damages.

19.08 If the CONTRACTOR or any UNION does not accept the Jurisdictional Umpire's decision, it may refer the dispute to the Plan and the PARTIES to this AGREEMENT hereby stipulate to be bound by the Plan. In exceptional circumstances, the losing party(s) may request the Arbitrator under the Canadian Plan to review an order as it pertains to the payment of fees and expenses to be paid by the losing party(s).

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19.09 Jurisdictional Disputes shall be resolved without the occurrence of any strike, work stoppage or slow down and the ASSOCIATION’s final assignment shall be respected. The WORK will continue unless otherwise directed by the Jurisdictional Umpire under the intended assignment plan and the assignment shall continue in force and effect until the WORK is completed, unless varied by an Arbitration under the Canadian Plan, or there is an agreement between the UNIONS involved to do so.

19.10 Mark-up meetings and Jurisdictional Umpire hearings will take place in St. John's unless otherwise agreed.

19.11 The CONTRACTOR(s) shall be responsible for performing the WORK involved in accordance with the mark-up, the decision of the Jurisdictional Umpire, the Plan and this AGREEMENT.

19.12 This procedure is available to and binding upon the UNIONS, the COUNCIL OF UNIONS, the CONTRACTOR(s), and the ASSOCIATION. The ASSOCIATION will ensure that its CONTRACTOR(s) and the COUNCIL OF UNIONS will ensure that its member UNIONS shall comply with the provisions of this Article and the procedures therein.

ARTICLE 20 HOURS OF WORK, SHIFTS, OVERTIME AND TERMS OF PAYMENT

20.01 The following Article is intended to identify regular hours of work, WORK SCHEDULES, shift hours, and overtime hours and is not to be construed as a guarantee of hours of work per day, per week, the days of work in any week, or the days of work in any WORK SCHEDULE.

In order that there shall be consistency on the SITE, the following hours of work and scheduling provisions shall apply:

a) The regular work week shall consist of forty (40) hours of work divided into five (5) consecutive eight (8) hour work days from Monday to Friday or four (4) consecutive ten (10) hour work days from Monday to Thursday. The start time for the day shift for a regular work day will be between 5:00 a.m. and 9:00 a.m.

b) The hours of work and overtime provisions for workers represented by Hotel Employees and Restaurant Employees International Union and Local Union 779 and the International Brotherhood of Teamsters and Local 855 are set out in the Trade Appendices for each of those trades. The hours of work for the workers they represent shall be governed by those Trade Appendices, save and except where those Trade Appendices direct that the provisions of Article 20.00 apply.

c) One paid rest break of ten (10) minutes will be allowed during each half shift in an eight (8) hour shift. One paid rest break of fifteen (15) minutes will be allowed during each half shift in a ten (10) hour shift.

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d) Overtime shall be paid as follows for the work week consisting of five (5) consecutive eight (8) hour work days:

i. All hours worked in excess of eight (8) hours per day at double the straight time rate of pay;

ii. All hours worked on the Saturday, Sunday and Recognized Holidays at double the straight time rate of pay.

Overtime shall be paid as follows for the work week consisting of four (4) consecutive ten (10) hour work days:

i. All hours worked in excess of ten (10) hours per day at double the straight time rate of pay.

ii. All hours worked on the Friday, Saturday, Sunday and Recognized Holidays at double the straight time rate of pay.

There shall be no pyramiding of premiums. Overtime payment is calculated prior to the addition of any premiums.

e) The ASSOCIATION has established WORK SCHEDULES that are different from the regular work week, to accommodate workers from distant locations in the Province of Newfoundland and Labrador, workers from other Canadian Provinces, or workers from outside of Canada. These WORK SCHEDULES, outlined in Exhibit C, will consist of scheduled days of work followed by scheduled days of rest and may be implemented for those workers. The start time for the day shift for a WORK SCHEDULE work day will be between 5:00 a.m. and 9:00 a.m.

A CONTRACTOR shall establish the day of the week on which each worker’s WORK SCHEDULE shall commence. All scheduled hours worked on Friday shall be paid at one and one half (1.5) the straight time rate of pay for all WORK SCHEDULES of ten (10) consecutive days or greater. All hours worked on Saturday, Sunday, Recognized Holidays and beyond the scheduled 10 hours on Fridays shall be paid at double the straight time rate of pay. There shall be no pyramiding of overtime premiums. Overtime payment is calculated prior to the addition of any premiums.

A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work days’ notice. If the transfer is not as a result of a worker request, the worker shall be paid double the straight time rate of pay for days worked on the scheduled days of rest that the worker would have been entitled to under his/her previous WORK SCHEDULE.

If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked on the scheduled days of rest that the worker would have been entitled to under his/her previous WORK SCHEDULE, unless any of the days worked in the new WORK SCHEDULE are a Friday, Saturday,

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Sunday or a Recognized Holiday in which case the applicable overtime rate will apply.

f) A WORK SCHEDULE, applicable only for TEMPORARY FOREIGN WORKERS coming from outside of North America, is defined in Exhibit C WORK SCHEDULE G. This WORK SCHEDULE recognizes the special circumstances related to: the distance from their country of PRINCIPAL RESIDENCE; the need to minimize non-working days while resident in camp; and the need to provide extended periods of time to return home.

For this WORK SCHEDULE all scheduled hours worked on Friday shall be paid at one and one half (1.5) the straight time rate of pay. All hours worked on Saturday, Sunday, Recognized Holidays and beyond the scheduled 10 hours on Fridays shall be paid at double the straight time rate of pay. There shall be no pyramiding of overtime premiums. Overtime payment is calculated prior to the addition of any premiums.

g) A CONTRACTOR may also schedule shifts for which the start times do not fall between 5:00 a.m. and 9:00 a.m. These shifts are to be classified as shift work rather than as overtime, and shall be scheduled for the duration of at least one (1) WORK SCHEDULE.

h) A shift premium of three dollars ($3.00) per hour shall be paid for all hours worked other than on day shift or an extension of day shift. There shall be no pyramiding of shift premiums. Overtime payment is calculated prior to the addition of any premiums.

20.02 The PARTIES recognize, consistent with the terms and conditions of the AGREEMENT, that variations in the scheduling of the work week; reporting for WORK or returning from WORK; rest breaks; meal breaks; and shift start and completion times, may occur from time to time and that it may be appropriate that these variations affect all or, only a portion of the SITE.

20.03 WORK on the SITE may be reduced during periods like Christmas/New Year's; however, certain workers may be scheduled to work. Advance notice will be provided to all workers regarding mobilization and demobilization dates, once available.

20.04 Workers shall be diligent in respecting start times, shift completion times, meal breaks and rest break periods.

The PARTIES are committed to delivering value for paid time. Accordingly, unless some other reporting location is designated by the CONTRACTOR, workers shall report to their designated place of work and be prepared to commence work at the scheduled starting time for their respective shifts.

20.05 Workers shall be provided transportation from the designated pick-up point at the camp or entrance from the site general parking lot to their designated places of work daily, prior to the commencement of their scheduled shift. Return transportation shall depart the designated pick-up points ten (10) minutes prior to

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the end of the work shift. Workers shall be paid to the end of the scheduled hours of work only.

When the designated place of work is at the Bull Arm deep water site, workers shall be provided transportation to and from their place of work. Workers shall be returned to the land departure point of the ferry, ten (10) minutes prior to the end of the work shift.

20.06 Unpaid lunch breaks will normally be at mid-shift but may be staggered within a two hour period and shall be one-half (1/2) hour. A worker, who is required to work through the two (2) hour period by the CONTRACTOR, shall be paid at the applicable overtime rate for one-half (1/2) hour and shall, as soon as possible afterwards, be given sufficient time, for which he/she will be paid, to consume his/her meal.

When a worker is required to work in excess of ten (10) hours and less than twelve (12) hours, he/she shall be provided a twenty five ($25.00) dollar meal allowance in lieu of a meal. He/she shall also be paid an additional twenty (20) minutes at double the straight time rate of pay in lieu of a meal time break.

When a worker is required to work in excess of twelve (12) hours, he/she shall be provided a hot meal, where feasible, including a hot beverage and soup at the end of the ten (10) hour shift and after each four (4) hours thereafter. The worker shall be allowed twenty (20) minutes at double the straight time rate of pay to consume his/her meal. A ten (10) minute rest break shall be provided every two (2) hours.

20.07 No worker shall work more than one (1) straight time shift in each consecutive twenty-four (24) hour period. A worker shall receive the overtime rate for each shift until a break of eight (8) consecutive hours occurs.

ARTICLE 21 OFFSHORE

21.01 Any WORK under Article(s) 4.05 and 4.06 at the offshore site shall be conducted under the terms and conditions of this AGREEMENT. Any special training required will be completed during regular working hours. Workers shall be paid the straight time gross hourly wage package for all hours spent travelling to and from the Hebron platform from the point of embarkation and return.

21.02 Standby Onshore – Home

In the event a worker, being available for work, is held on standby at home for any reason, he/she shall be paid for all hours he/she stands by up to a maximum of ten (10) hours per day at the straight time gross hourly wage package for all days he/she is held on standby.

Standby Onshore – At Offshore Embarkation Point

In the event a worker is held at the heliport or supply base after having reported by the specified time in his/her reporting instructions, he/she shall be paid for all

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hours he/she stands by up to a maximum of twelve (12) hours per day at the straight time gross hourly wage package for all days he/she is held on standby. Workers required to report to a point of embarkation prior to 12:00 p.m. shall be provided accommodations and meals by the CONTRACTOR, as required, for each day held on standby. Workers whose PRINCIPAL RESIDENCE is located within fifty (50) road kilometers of St. John’s City Hall shall not be eligible for accommodations and meals.

Standby Offshore

In the event a worker, being available for work, is held on standby at the offshore site for any reason, he/she shall be paid for all hours he/she stands by up to a maximum of twelve (12) hours per day at the straight time gross hourly wage package for all days he/she is held on standby.

21.03 The CONTRACTORS shall be solely responsible to determine and establish the work schedule at the commencement of each operation required for work at the offshore site. As a condition of employment, workers shall adhere to the designated work schedules adopted by the CONTRACTORS.

It is agreed between the PARTIES, that the number of days scheduled at the offshore site will vary according to the operational conditions and requirements in order to meet completion dates.

21.04 A worker’s shift schedule consists of twelve (12) and one half (½) hours per day, except on days of mobilization and demobilization. The twelve (12) and one half (½) hours per day includes the time for hand overs, rest breaks and meal break.

On the day of mobilization, workers shall be available, if required by their supervisor, to commence work within one (1) hour after arrival on the platform.

Workers are entitled to two (2) twenty (20) minute paid rest breaks during the work day. Normally, this includes the time required to leave and return to their place of work.

Workers are entitled to a one (1) hour meal break (½ hour paid, ½ hour unpaid) during the work day. This includes the time required to go to and from the place of work. Meal breaks will normally be at the middle of the shift but may be staggered within a two (2) hour period.

21.05 a) A shift premium of three dollars ($3.00) per hour shall be paid for all hours worked other than on day shift or an extension of day shift. There shall be no pyramiding of shift premiums. Overtime payment is calculated prior to the addition of premiums.

b) Day shift will begin between the hours of 5 a.m. and 9 a.m.

21.06 Workers, who fail to report to the Offshore Embarkation Point at the designated check-in time for transportation to the offshore site without a good and sufficient reason acceptable to their respective CONTRACTORS, are subject to disciplinary action, including dismissal.

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21.07 Workers, while at the offshore site, will be provided with accommodation and meals free of charge. As a condition of employment, all workers shall comply with all rules and regulations governing the use of these facilities.

21.08 At the offshore site, the CONTRACTOR shall provide and maintain clean sanitary facilities which, where possible, shall include modern flush toilets, urinals and wash basins. Where this is not possible, chemical toilets shall be provided.

21.09 Due to the nature of WORK at the offshore site and the limited availability of accommodation, employment of apprentices is not contemplated.

21.10 As a condition of employment for work at the offshore site, workers shall:

I. Have submitted to an offshore medical examination as required; II. Be in possession of a valid Offshore Medical Clearance Certificate; and

III. Have successfully completed a Basic Survival Training Course and any other training or courses required by law or regulation of any Provincial or Federal Regulatory authorities.

21.11 The Employer shall pay for the cost of all required training outlined in Article 21.10. In addition, workers required to complete any course or training shall be paid for the time required to complete the course at the straight time gross hourly wage package. The worker shall be paid for this on the first scheduled pay day following completion of the training.

ARTICLE 22 CALLOUT

22.01 Workers, who are called out to work after they have completed their regular shift, having gone home or returned to camp, and who respond to a request to return to work additional time, shall be compensated as follows:

a) Workers who report to work shall be paid for a minimum of four (4) hours at the applicable overtime rate.

b) Workers who work in excess of four (4) hours shall be paid at the applicable overtime rate for actual hours worked.

c) When the conditions set forth in this clause occur on any shift other than day shift, the shift premium shall be paid.

ARTICLE 23 REPORTING TIME

23.01 When a worker reports to work at the regular starting time and is not put to work, the worker shall be paid for half of their regularly scheduled work hours at the applicable rate of pay.

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23.02 If a worker reports and commences work and is subsequently requested to stop work, he/she shall be paid for all hours worked or half of their regularly scheduled hours ,whichever is greater, at the applicable rate of pay.

23.03 When a worker reports to work and is requested to standby, either at the work place or other area designated by the CONTRACTOR, he/she shall be paid for all hours he/she stands by, and in no case less than half of their regularly scheduled hours, at the applicable rate of pay.

23.04 When a worker commences work and is requested to stop work and report back at a later time, he/she shall be paid as if there had been no interruption in the shift, provided he/she reports back as requested.

23.05 When a worker qualifies for reporting or standby time, the time shall include the shift premium when applicable.

23.06 A worker, who is resident in camp, shall not be eligible for payment of reporting time if notice of “no work available” is posted on the camp kitchen bulletin board at the pre-shift meal at least two hours prior to scheduled shift start.

Non-camp residents shall not be eligible for payment of reporting time if they have been provided at least two (2) hours’ notice by their employer that there is no work available.

ARTICLE 24 WAGES AND BENEFITS

24.01 All workers covered by this AGREEMENT shall be paid in accordance with their classification in the applicable Trade Appendices attached as Exhibit “F”.

Effective May 1, 2011, the Gross Hourly Package shall be the full Long Harbour Wage and Benefit Package (May 1, 2010) plus two dollars ($2.00).

Effective May 1, 2012 and May 1 each year thereafter, the Gross Hourly Package shall be increased by two dollars ($2.00).

24.02 Payday shall be Thursday, and the method of payment may be by electronic deposit. A weekly statement of earnings and deductions shall be issued to each worker on Thursday.

24.03 The CONTRACTOR shall remit contributions in an amount and manner as required by the applicable Trade Appendix. The remittance of these funds shall in no way require the CONTRACTOR to become or remain a member of any Trustees group or Association as a condition for making these contributions. Changes to benefit contributions may be made at the request of a UNION, subject to the gross wage package remaining unchanged.

24.04 The work week for payroll purposes shall end on Friday at midnight. Workers shall be paid on the Thursday of the following week.

24.05 The payment of wages will be accompanied by a statement showing:

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a) wage rate;

b) number of hours paid at the straight time rate of pay;

c) number of hours paid at the overtime rate of pay;

d) amount of premiums and allowances;

e) vacation pay;

f) holiday pay;

g) the amount and purpose of each deduction;

h) the name of the CONTRACTOR issuing the payment;

i) the worker’s name and payroll number;

j) the pay period;

k) gross and net earnings; and

l) pension contributions.

ARTICLE 25 VACATION AND RECOGNIZED HOLIDAYS

25.01 Vacation pay and Recognized Holiday pay shall be paid weekly in accordance with the Trade Appendices, attached as Exhibit “F”.

25.02 The CONTRACTOR agrees to recognize the following Holidays:

1. New Year’s Day 2. Family Day 3. St. Patrick’s Day 4. Good Friday 5. Victoria Day 6. Canada Day 7. Civic Holiday 8. Labour Day 9. Thanksgiving Day 10. Remembrance Day 11. Christmas Day 12. Boxing Day

25.03 The Recognized Holidays shall be observed on those days gazetted by the Provincial Government except for any holiday that falls on a Friday when the worker is working a four (4) day work week at ten (10) hours per day in which case the holiday shall be observed on the Thursday.

25.04 Workers required to work on Recognized Holidays shall be paid at double their straight time rate of pay for all hours worked. There shall be no pyramiding of premiums.

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25.05 A worker who is entitled to take vacation shall request it in writing to his/her CONTRACTOR and the request shall not be arbitrarily denied. The dates of the vacation shall be mutually agreed to between worker and the CONTRACTOR before the vacation is taken. No more than twenty-five per cent (25%) of the members of the crew may be on a vacation at a given time.

ARTICLE 26 TERMINATION OF EMPLOYMENT

26.01 When a worker has been terminated when away from the Project, any personal belongings shall be shipped to his/her last known address unless previous arrangements have been made.

26.02 The CONTRACTOR shall provide four (4) hours notice to lay-off or four (4) hours pay in lieu of notice to workers who are laid off. These four (4) hours will be used for the purpose of picking up and returning the CONTRACTOR’S tools, checking out of camp or in preparing his/her own tools for the next job.

26.03 Layoffs shall occur in reverse order of the hiring priority described in Article 9.01. For greater clarity, the last workers to be laid-off shall be NEWFOUNDLAND AND LABRADOR RESIDENTS who are members of a UNION affiliated to the COUNCIL OF UNIONS, subject to their qualifications to complete the remaining WORK.

26.04 Laid-off workers and workers terminated for just cause shall receive all monies owed no later than the next pay day. The Employment Insurance Record of Employment shall be mailed, or sent electronically within three (3) working days of layoff or termination to an address provided by the worker.

26.05 Workers, who are laid-off and for whom public transportation is not available, shall be entitled to receive camp accommodation until transportation is available.

26.06 In the event of a reduction of the workforce, anyone promoted from journeyperson may be demoted to journeyperson. Anyone name hired as foreperson or general foreperson shall be laid off as foreperson or general foreperson.

ARTICLE 27 TRAVEL ZONE

27.01 For purposes of this AGREEMENT, all travel distances will be determined by the distance from the SITE parking lot to the town hall in the community of the worker’s PRINCIPAL RESIDENCE. Communities without a town hall shall have a public building selected by the Liaison Committee as the demarcation.

There shall be a Free Zone of fifty (50) road kilometers from the SITE parking lot to the town hall in the community of the worker’s PRINCIPAL RESIDENCE. Workers living within that zone shall travel to work at their own expense. Communities without a town hall shall have a public building selected by the Liaison Committee as the demarcation.

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27.02 Zone 1 (Free Zone):

Zone 1 includes all communities located within fifty (50) road kilometers (inclusive) of the SITE. A worker whose PRINCIPAL RESIDENCE is located in Zone 1 is eligible only for the bussing allowance, if bussing is available.

The ASSOCIATION may establish a daily commuter bussing system for areas within Zone 1, subject to sufficient worker demand. The ASSOCIATION shall designate pick up locations for the bussing system. Workers utilizing the commuter busses will be paid a commuter bussing allowance for days that the worker uses the bus. The commuter bussing allowance shall be set by the ASSOCIATION, at time of implementation, for workers who board the bus in Zone 1. In the event bus arrivals to the SITE are delayed, workers shall receive pay in accordance with their WORK SCHEDULE for the hours delayed.

27.03 Zone 2:

Zone 2 includes all communities located outside of fifty (50) road kilometers and within one hundred (100) road kilometers (inclusive) of the SITE. A worker whose PRINCIPAL RESIDENCE is located in Zone 2, shall commute daily.

The ASSOCIATION may establish a daily commuter bussing system for areas within Zone 2, subject to sufficient worker demand. The ASSOCIATION shall designate pick up locations for the bussing system. Workers utilizing the commuter busses will be paid a commuter bussing allowance for days that the worker uses the bus. The commuter bussing allowance shall be set by the ASSOCIATION, at time of implementation, for workers who board the bus in Zone 2. In the event bus arrivals to the SITE are delayed, workers shall receive pay in accordance with their WORK SCHEDULE for the hours delayed.

Workers commuting daily by personal vehicle shall be entitled to receive a Road Kilometer Travel Allowance, per day worked, equal to eighty cents ($0.80) per kilometer, one way, from the SITE parking lot to the town hall in the community of the worker’s PRINCIPAL RESIDENCE. Communities without a town hall shall have a public building selected by the Liaison Committee as the demarcation. Under extenuating circumstances a worker may appeal to Construction Management to have his/her travel distance reassessed from his/her community town hall to the SITE parking lot.

Effective May 1, 2012 and on each May 1st thereafter, until the AGREEMENT terminates, a $0.02 cent increase per kilometer shall be applied to the Travel Allowance.

27.04 Camp and Living Out Allowance Option:

At time of hire, all workers whose PRINCIPAL RESIDENCE is located outside of Zones 1 and 2, will be provided a one-time option of selecting either camp accommodation or a Living Out Allowance for the duration of their employment. Workers, who select camp accommodation, when it is not immediately available, shall receive the Living Out Allowance and the WORK SCHEDULE Travel Allowance. Once camp accommodation becomes available, the worker, receiving

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the Living Out Allowance, shall be advised and shall have seven (7) days in which to advise Camp Administration of his/her acceptance or refusal to move into the camp. If the worker accepts camp accommodations, the Living Out Allowance shall cease but he/she shall continue to receive his/her WORK SCHEDULE Travel Allowance. If the worker refuses camp accommodation, he/she shall continue to receive the Living Out Allowance but the WORK SCHEDULE Travel Allowance shall cease.

The worker may seek to change his/her election in extenuating circumstances with Camp Administration in association with the appropriate COUNCIL OF UNIONS and ASSOCIATION Site Representatives. The decision shall not be subject to the Grievance and Arbitration Procedure.

A worker, whose PRINCIPAL RESIDENCE is located outside of Zones 1 and 2 and who opts not to live in the camp, shall receive a Living Out Allowance and a Transportation Allowance paid upon hiring and lay-off.

The Living Out Allowance shall be one-hundred and twenty dollars ($120.00) per day worked, increased by four dollars ($4.00) on May 1, 2012 and each subsequent May 1 through to the end of the project.

The Transportation Allowance paid, upon hiring and lay-off, shall be as follows:

Eighty cents ($0.80) per kilometer from the SITE parking lot to the town hall in the community of the worker’s PRINCIPAL RESIDENCE and pay at his/her regular rate on the basis of one hour for each seventy (70) road kilometers travelled to a combined maximum of four hundred dollars ($400.00) each way. Under extenuating circumstances a worker may appeal to Construction Management to have his/her travel distance reassessed from his/her community town hall to the SITE parking lot. Effective May 1, 2012 the combined maximum shall be increased twenty-five dollars ($25.00) and each year thereafter on that date.

27.05 Zones 3 through 8:

A worker, whose PRINCIPAL RESIDENCE is located in Zones 3 through 8 as shown in Exhibit E “MAP” and opts for camp accommodation, shall be provided a WORK SCHEDULE Travel Allowance per WORK SCHEDULE as outlined below:

a) Zone 3 (100 – 200 km) - $80.00 (round trip);

b) Zone 4 (200 – 300 km) - $110.00 (round trip);

c) Zone 5 (300 – 450 km) - $140.00 (round trip);

d) Zone 6 (450 – 650 km) - $190.00 (round trip);

e) Zone 7 (650 – 800 km in the Port Aux Basques region) - $250.00 (round trip);

f) Zone 8 (650 – 950 km in the St. Anthony region) - $380.00 (round trip).

27.06 A worker, whose PRINCIPAL RESIDENCE is located in Canada, but outside of Zones 1 through 8, who opts for camp accommodations, shall be provided air transportation from a designated hub city to St. John’s or Gander, as well as a

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Ground Transportation Allowance from the Newfoundland arrival airport to the SITE and return to the Newfoundland departure airport. The Ground Transportation Allowance will be sixty-five dollars ($65.00), inclusive, paid once per WORK SCHEDULE.

Travel arrangements will be made from the hub city closest to the worker’s PRINCIPAL RESIDENCE. The designated hub cities are listed below:

a) Labrador – Goose Bay, Labrador City b) Nova Scotia – Halifax, Sydney c) New Brunswick – Fredericton, Saint John d) Prince Edward Island – Charlottetown e) Quebec – Montreal, Quebec City f) Ontario – Toronto, Thunder Bay g) Manitoba – Winnipeg h) Saskatchewan – Regina, Saskatoon i) Alberta – Edmonton, Calgary j) British Columbia – Vancouver, Victoria, Comox

Additional hub cities may be established, by the ASSOCIATION, subject to passenger demand.

In the event that an overnight stay is required, while in transit, the CONTRACTOR shall provide a Temporary Accommodation Allowance of one hundred and twenty dollars ($120.00) for each day the worker is delayed.

27.07 When a worker is laid off, the CONTRACTOR shall provide return travel or a Travel Allowance consistent with Articles 27.02 through 27.06.

ARTICLE 28 CAMP ACCOMMODATION

28.01 Camp facilities shall be provided, maintained and operated in full compliance with all applicable laws and regulations. During the early works phase of the project, a temporary camp may be provided to accommodate workers until the permanent camp becomes available.

28.02 The OWNER or his/her Designee shall have the sole right to manage the camp, including the assignment of accommodation.

28.03 A Camp Committee shall be established for the purpose of administering camp rules.

28.04 Workers living in camp, who do not report for WORK on a regular work day due to causes other than legitimate illness and/or legitimate absence, when they are physically able to do so, shall be charged the full Room and Board Rate for each regular day not worked.

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28.05 Workers, failing to make use of camp accommodation on a repeated basis, shall be charged at the full Room and Board Rate for each day not used, and shall forfeit their right to camp accommodation.

28.06 Camp residents will be provided with a bagged meal for their mid-shift meal. Arrangements for bag lunch meals and any pre-order systems shall be established between a representative of the COUNCIL OF UNIONS and a representative of the ASSOCIATION.

ARTICLE 29 LUNCHROOM AND SANITARY FACILITIES

29.01 The CONTRACTOR shall provide and maintain clean, heated, sanitary facilities, which shall include modern flush toilets, urinals and wash basins. Where this is not possible, chemical toilets and pump tank facilities will be allowed by mutual consent of the CONTRACTOR, ASSOCIATION and COUNCIL OF UNIONS.

29.02 Fresh, safe drinking water and sanitary cups shall be provided to the workers.

29.03 The CONTRACTOR shall provide lunch rooms and determine their location, subject to restrictions of the WORK area.

29.04 When lunch rooms are used, they shall be kept heated and clean, with adequate size and seating capacity to accommodate the number of people using the facility. General lunch rooms shall be provided with reasonable amenities.

ARTICLE 30 APPRENTICESHIP

30.01 The ASSOCIATION and the COUNCIL OF UNIONS agree to maximize the training and development of NEWFOUNDLAND AND LABRADOR RESIDENTS through a plan of Apprenticeship training as part of their joint responsibility to maintain a supply of qualified tradespersons for the SITE.

30.02 The ASSOCIATION and the COUNCIL OF UNIONS agree to maximize placement and utilization of Apprentices at ratios set forth in the Trade Appendices.

30.03 The PARTIES agree to cooperate in attaining the optimal hiring and training of apprentices on the Project and will accept persons qualified to become apprentices to fill the journeyperson/apprentice ratio, where there is a shortage of registered apprentices. The employment of apprentices (within regulatory requirements and limitations), will be promoted throughout the duration of the Project, and shall provide for a spectrum of apprentices from the first year through to fourth year (as appropriate to the respective trade).

The PARTIES will facilitate this through the effective utilization of the hiring order and the 60/40 name hire provisions set out in Articles 9.01 and 9.02.

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30.04 Apprentices, who are members of the COUNCIL OF UNIONS, shall be given first priority for hiring and shall be the last to be laid off in accordance with the ratio of the Apprentices agreed in the Trade Appendices.

ARTICLE 31 TRAINING

31.01 The ASSOCIATION and the COUNCIL OF UNIONS agree to cooperate with the Government of Newfoundland and Labrador and the Government of Canada in the development and establishment of Training Programs to prepare and qualify NEWFOUNDLAND AND LABRADOR RESIDENTS for employment opportunities on the Project.

31.02 The ASSOCIATION and COUNCIL OF UNIONS will work cooperatively to support the training objectives of the Hebron Benefits Agreement.

ARTICLE 32 TOOLS

32.01 Workers are to supply appropriate tools in accordance with the schedules listed in the Appendices attached to and made part of this AGREEMENT.

The tools are subject to verification by the CONTRACTOR upon employment. If the CONTRACTOR deems other tools are necessary, they shall be supplied by the CONTRACTOR.

32.02 The worker’s personal tools shall be in good condition when he/she is hired on the job and they shall be maintained and kept in good condition.

32.03 The CONTRACTORS will provide appropriate lock-fast facilities for storage of personal tools used by workers in the process of their WORK when the tools are not in use.

32.04 Workers will be held responsible for tools, special and/or protective clothing and safety apparatus supplied to them by the CONTRACTOR. If the worker fails to return the supplied items, in good condition, to the CONTRACTOR, with the exception of fair wear and tear, at the time of termination or on request prior to the worker’s termination, the replacement cost shall be deducted from any monies due to the worker.

Workers will not, however, be held responsible for loss or damage to CONTRACTOR supplied tools, clothing or equipment as a result of fire, theft due to break-in or forcible entry of CONTRACTOR arranged lock-fast facilities, provided the loss or damage is immediately reported by the worker, in writing, to the CONTRACTOR.

32.05 The CONTRACTOR shall replace worker’s personal tools when:

a) the tools are destroyed by fire, lost through theft by forced entry of a designated storage place on the CONTRACTOR’S premises, and provided that the loss or

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damage is immediately reported by the worker, in writing, to the CONTRACTOR.

b) in the course of the worker’s work assignment, the tools are damaged beyond repair, provided the worker satisfies his/her CONTRACTOR the damage was not intentional or caused by the worker’s failure to exercise due care and attention.

32.06 CONTRACTORS will not be held responsible for personal tools which have not been identified on the worker’s tool list by an authorized Representative of the CONTRACTOR. The worker shall provide an inventory list and the CONTRACTOR shall conduct an inventory check prior to commencement of WORK.

32.07 Workers, arriving at the job site or leaving the job site upon termination of employment, will be assisted in transporting their personal tools to or from the bus depot or parking lot.

32.08 Worker’s tools which have to be replaced or sent off the job site for repair will be replaced and returned as soon as possible.

ARTICLE 33 DIVERSITY

33.01 The ASSOCIATION and COUNCIL OF UNIONS will support and promote initiatives and plans for employment diversity.

In particular, the PARTIES are committed to providing full access to employment opportunities for and employment of qualified women and qualified members of designated groups (aboriginals, persons with disabilities and members of visible minorities).

The PARTIES will also implement proactive programs and practices that

contribute to the creation of an inclusive work environment consistent with the policies established for the SITE.

33.02 To facilitate achievement of diversity objectives, the PARTIES have agreed to the 60/40 name hiring provisions set out in Article 9.02.

ARTICLE 34 HEALTH AND SAFETY

34.01 All WORK shall be performed and equipment operated according to accepted safety conditions, which must conform to the applicable Provincial or Federal Regulations, Acts and Laws, and to site regulations.

34.02 Where the nature of the WORK or working conditions so require, workers shall be supplied, at the CONTRACTOR’s expense, all necessary safety equipment and/or devices to enable the worker to safely perform his/her duties. The worker will be responsible to provide his/her prescription safety eyeglasses and personal safety

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footwear required for normal working conditions. If the worker requires prescription lenses, and does not possess approved prescription safety lenses, he/she shall be entitled to receive reimbursement for the personal provision of safety prescription lenses, up to a maximum cost of two hundred and fifty ($250.00) per year (subject to verification of receipt to the worker).

34.03 Both the ASSOCIATION and the COUNCIL OF UNIONS recognize the mutual value of improving, by all proper and reasonable means, the safety of the individual worker and will co-operate to promote safety.

34.04 The CONTRACTOR agrees to provide to each worker, upon commencement of his/her employment, the following specific articles for use by the worker during the course of his/her employment at the SITE:

a) one (1) safety hat, colour coded for identification together with a winter liner; and

b) one (1) safety vest. Rain gear (jacket and pants), rubber boots, appropriate work gloves and protective clothing shall be provided as required by the nature of the work. It shall be the responsibility of the worker to care for the articles listed above and to return these articles to the CONTRACTOR upon termination of his/her employment. Failure to return these articles may result in their cost being charged to the worker, which the CONTRACTOR may deduct from the worker’s wages.

34.05 Referred potential workers, required to complete the Newfoundland and Labrador Construction Safety Association (NLCSA) or the Alberta Construction Safety Training System (CSTS), shall be reimbursed the actual cost of the training program, to a maximum of fifty dollars ($50.00) upon successful completion.

34.06 Referred potential workers, required to attend an alcohol and drug test, and medical and physical assessments at a location that is greater than 50 road kilometers from their PRINCIPAL RESIDENCE, shall be reimbursed a Road Kilometer Travel Allowance, one way, in accordance with Article 27.03.

34.07 If employed workers are required by a CONTRACTOR to attend training programs, the programs shall be conducted during normal hours of work and workers shall be paid at their normal straight time gross wage package. If these training programs are provided away from the SITE, workers shall be provided suitable return transportation from the SITE and accommodation and meals, if required.

ARTICLE 35 SAVING CLAUSE

35.01 If any provision of this AGREEMENT is in conflict with the laws or regulations of Canada or Newfoundland and Labrador, the provisions shall be superseded by the law or regulation. Unless prohibited from doing so by the law or regulation, or by a ruling of any Court or Board of competent jurisdiction which has declared any provision of this AGREEMENT invalid or inoperable, the ASSOCIATION and the

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COUNCIL OF UNIONS, within fifteen (15) days notice of either to the other, shall commence negotiations, the sole and restricted purpose of which shall be to provide adequate legal replacement of the provision. In the event that the negotiations do not result in agreement upon a legal replacement for the provision within fourteen (14) days of commencement of negotiations, or longer period as may be mutually agreed between the PARTIES, the matter shall be resolved in accordance with Article 14.

ARTICLE 36 LEAVE OF ABSENCE

36.01 Workers shall be granted three (3) regularly scheduled work days leave with pay (the worker’s regular rate times the number of hours the worker is scheduled to work on those days plus any applicable premium) commencing on the day after the date of death of the spouse, or common-law spouse, child, parent, legal guardian, brother, sister, parent-in-law, grandparent, grandchild, daughter-in-law, son-in-law, sister-in-law, brother-in-law, or other relative or dependant living in the same PRINCIPAL RESIDENCE.

36.02 Bereavement leave shall not be granted for time that would not normally have been worked and under no circumstances shall pay be granted for overtime missed as a result of a worker’s absence.

36.03 Workers shall be entitled to maternity, parental and adoption leave in accordance with the provisions of the Newfoundland and Labrador Labour Standards Act in effect on the date of this AGREEMENT.

36.04 Workers summoned to attend upon a court of inquiry in accordance with the Newfoundland and Labrador Jury Act, 1991 shall be paid the same as they would if they had been scheduled to work.

ARTICLE 37 WELDING TESTS

37.01 When welders are hired on the project, the CONTRACTOR hiring the welder shall compensate the UNION supplying the welder, five hundred dollars ($500.00) for each welding ticket the welder is required to have to perform the work. The welder shall be reimbursed four (4) hours pay for each ticket to compensate for time involved in completing each test. In the event a UNION member is laid off and re-hired by the CONTRACTOR or another CONTRACTOR working on SITE, the CONTRACTOR or the other CONTRACTOR shall not be required to pay the five hundred dollars ($500.00) for each ticket and the welder shall not be reimbursed pay if the same welding tickets are required. The CONTRACTOR is responsible for the cost of Canadian Welding Bureau re-certifications if the certification expires more than one (1) year after the welder commences to work on SITE. These re-certifications shall be without loss of pay to a maximum of one (1) regularly scheduled work day at straight time.

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ARTICLE 38 PROJECT ADMINISTRATION FUND

38.01 CONTRACTORS shall remit sixty cents ($0.60) per person hour earned under this AGREEMENT to the Project Administration Fund. These monies shall be remitted no later than the fifteenth (15) day of the month following the month worked. The monies shall be remitted to Hebron Project Employers’ Association Inc. and the Resource Development Trades Council of Newfoundland and Labrador directly by the CONTRACTORS:

The ASSOCIATION: 30 cents

The COUNCIL OF UNIONS: 30 cents

ARTICLE 39 FOREIGN REGISTERED (MARINE & TRANSPORTATION) CONTRACTORS

39.01 In view of the unique and specialized critical nature of portions of the WORK to be performed at the SITE, and in order to maintain a harmonious relationship between the PARTIES throughout the term of the AGREEMENT, the ASSOCIATION and the COUNCIL OF UNIONS agree as follows:

1. All Foreign Registered (Marine and Transportation) Contractors, who will be exempted from the provisions of the AGREEMENT, will generally use their own crews.

2. The ASSOCIATION shall take necessary steps to ensure that Foreign Registered (Marine & Transportation) Contractors maximize the Canadian and particularly Newfoundland and Labrador worker content of their contracts to the extent compatible with the efficient and safe conduct of their operations.

Contracts for Foreign Registered (Marine & Transportation) Contractors shall include relevant provisions ensuring that all additional labour required by these contractors is provided under the terms of the AGREEMENT.

ARTICLE 40 DURATION

40.01 The AGREEMENT shall be for a term commencing on the later of (i) date of its signing or (ii) the date the Lieutenant Governor-in-Council issues a special project order respecting the Hebron Development Project, and continuing for the duration of the WORK at the SITE, including mobilization and de-mobilization by the CONTRACTORS.

40.02 Without restricting the generality of the foregoing, this AGREEMENT ceases to apply when Mechanical Completion of the WORK, or part or components thereof, is attained and it is handed over to the OWNER, or its designate.

40.03 Mechanical Completion occurs when construction is physically complete (manufactured, fabricated, installed and connected), safe (related systems necessary for protection of personnel and property are in place), clean (flushed,

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clean and dry), tight (bolt tensioned, hydro tested and re-instated), inspected, tested and documented.

A unit, units, system or area may be deemed ready for acceptance by the OWNER, or its designate prior to Mechanical Completion.

Should the OWNER, or its designate, require assistance from the CONTRACTOR in modifying, altering or fixing up any system or facility described above, the WORK shall be performed by members of the COUNCIL OF UNIONS.

40.04 Should the commissioning contractor require assistance from a CONTRACTOR, the commissioning contractor may request the provision of qualified workers employed by the CONTRACTOR.

ARTICLE 41 HEBRON PROJECT PREMIUM

41.01 In recognition of the uniqueness of the Hebron Project, its importance to the Province of Newfoundland and Labrador and the duration of the project, workers shall receive a Hebron Project Premium payment of three dollars($3.00) per hour for all hours earned. CONTRACTORS shall pay the premium quarterly (approximately every ninety (90) days and as agreed to by the PARTIES) at the end of the next pay period. This premium is not part of the wage package and does not attract payment of Vacation Pay and Recognized Holiday Pay.

41.02 The dates for payment of the Hebron Project Premium shall be set by the Liaison Committee annually.

41.03 Upon lay-off, workers shall receive the Hebron Project Premium in their final pay.

ARTICLE 42 DESIGNATED FUND

42.01 Effective at project construction commencement, CONTRACTORS will remit to the Resource Development Trades Council of Newfoundland and Labrador, twenty-five cents ($0.25) per hour earned, cheque made payable to "Health Care Foundation Fund" and an additional five cents ($0.05) per hour earned, cheque made payable to "Canadian Building Trades Fund".

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Signed at St. John’s, Newfoundland and Labrador this 2nd day of September, 2011.


David G. Wade Executive Director Gus Doyle President HEBRON PROJECT EMPLOYERS’ ASSOCIATION INC. Dennis Bobiy Director

Jacques Simard Director

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SIGNED AT ST. JOHN’S, NEWFOUNDLAND THIS 2ND DAY OF SEPTEMBER, 2011 BY THE INDIVIDUAL MEMBERS OF THE RESOURCE DEVELOPMENT TRADES COUNCIL OF NEWFOUNDLAND AND LABRADOR International Brotherhood of International Brotherhood of Boilermakers, Iron Ship Builders Boilermakers, Iron Ship Builders Blacksmiths, Forgers and Helpers Blacksmiths, Forgers and Helpers, Local 203 International Union of Bricklayers International Union of Bricklayers and Allied Craftsmen and Allied Craftsmen, Local 1 International Union of Elevator International Union of Elevator Constructors Constructors, Local 125 A Hotel Employees and Restaurant Hotel Employees and Restaurant Employees International Employees International, Local 779 International Brotherhood of International Brotherhood of Electrical Workers Electrical Workers, Local 2330 International Brotherhood of International Brotherhood of Electrical Workers Electrical Workers, Local 1620

International Association of Heat International Association of Heat and Frost Insulators and Allied and Frost Insulators and Allied Workers Workers, Local 137 International Association of Bridge, International Association of Bridge, Structural, Ornamental and Structural, Ornamental and Reinforcing Ironworkers Reinforcing Ironworkers, Local 764

Labourers’ International Union of Labourers’ International Union of North America and the Construction North America and the Construction and General Labourers’ Union, and General Labourers’ Union, Rock and Tunnel Workers Rock and Tunnel Workers, Local 1208 United Brotherhood of Carpenters United Brotherhood of Carpenters and Joiners of America and and Joiners of America and Carpenters Carpenters, Local 579

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Newfoundland and Labrador Newfoundland and Labrador Regional Council of Carpenters, Regional Council of Carpenters, Millwrights and Allied Workers Millwrights and Allied Workers, Local 1009 International Union of Operating International Union of Operating Engineers Engineers, Local 904 Internal Union of Painters and Internal Union of Painters and Allied Trades Allied Trades, Local 1984

United Association of Journeymen United Association of Journeymen and Apprentices of the Plumbing and Apprentices of the Plumbing and Pipefitting Industry of the and Pipefitting Industry of the United States and Canada United States and Canada, Local 740

Sheet Metal Workers’ International Sheet Metal Workers’ International Association Association, Local 512 International Brotherhood of International Brotherhood of Teamsters Teamsters, Local 855

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EXHIBIT A PANEL OF ARBITRATORS

The following are the five (5) arbitrators to be selected for arbitrations, as per Article 14.04:

1. David Alcock 2. Dennis Browne 3. John Clarke 4. James Oakley 5. John Roil

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EXHIBIT B JURISDICTION DISPUTES RESOLUTION PLAN DEFINITIONS In this Agreement: “Agreements between Unions”. There are three types of Agreements – Agreements of Record, Attested Agreements and Non Attested Agreements. These Agreements are not binding on other crafts not signatory to the Agreements and, insofar as the Impartial Jurisdictional Disputes Board is concerned, they do not affect the claims or rights of work jurisdiction of Unions not parties to the Agreement. “Agreements of Record”are those Agreements between Building Trades Unions which have been recorded with the Impartial Jurisdictional Disputes Board and are binding on the signatory Unions. These are the only Agreements contained in the “Green Book”. “Attested Agreements”are those Agreements signed by the General Presidents of two International Unions and attested to by the Impartial Jurisdictional Disputes Board. These Agreements have the same status as an Agreement of Record. “Decision of Umpire”means the decision of work assignment made by the Umpire. “Decisions of Record”are those which appear in the publication commonly referred to as the “Green Book” published and approved by the Building and Construction Trades Department, AFL-CIO, (current issue), and are international or national in scope. They are applicable to all trades even though a dispute which resulted in a Decision of Record may originally have involved only two trades. They are not to be confused with job decisions rendered by the Impartial Jurisdictional Disputes Board which apply only to the job decisions. However, the Impartial Jurisdictional Disputes Board is required to give due consideration to Decisions of Record in arriving at job decisions. Decisions of Record in the “Green Book” do not appear in chronological order and are always referred to by dates. “Impartial Jurisdictional Disputes Board”means the Impartial Jurisdictional Disputes Board in Washington, D.C., the International Appeal board, the International Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (approved June, 1984, as amended December 2008), or its successor. “Intended Work Assignment”means the initial step wherein the CONTRACTOR declares his/her intention to assign certain work to a certain trade(s). “Jurisdictional Dispute”means dispute between Unions and/or Unions and a CONTRACTOR over the assignment of work, or a difference between two or more UNIONS as to which trade or which workmen will do certain work which must be grounded and be founded upon the scope or claimed jurisdiction as set forth in the International Constitution applicable to the Claimant(s). “Non Attested Agreements”are those which have not been filed with the Impartial Jurisdictional Disputes Board, nor attested by the Chairman of the Impartial Jurisdictional Disputes Board.

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“Participating Contractor”means a CONTRACTOR working under the terms and conditions of this AGREEMENT. “Participating UNIONS”means a UNION which is a member of the COUNCIL OF UNIONS. “Prevailing Practice”is the practice of that craft which submits valid evidence indicating that its members have performed more of the work in the area where the dispute exists than have members of other crafts. The area, for the purpose of determining the Prevailing Practice, shall be defined ordinarily to mean the geographical jurisdiction of the Province of Newfoundland and Labrador. “Specific Work Assignment”means the assignment of work as determined by the Umpire. The “intended work assignment” shall be considered the specific assignment where the assignment remains unchallenged before the Umpire. “Umpire” means the Jurisdictional Umpire appointed pursuant to Article 19:00 of this AGREEMENT.

ARTICLE II PROCEDURES TO BE USED BY THE UMPIRE 1. Decisions of Record and Agreements of Record established by or recorded by the

Impartial Jurisdictional Disputes Board, established international trade practice, prevailing practice as defined, together with a reasonable acceptance of considerations for efficiency and capacity to furnish construction services to the public at reasonable cost, shall be accepted by the Umpire as factors in assigning WORK (see Article 2.2(b) of the Procedural Rules).

2. Decisions on Assignment of WORK (Reference Article 19.00) – When the Umpire has

received a protest of WORK assignment from the COUNCIL OF UNIONS or for a request for a decision from the ASSOCIATION, he/she shall proceed to make a decision as outlined below:

i. Any request for a decision shall contain the following information:

Name and address of the CONTRACTOR. Disputing trades. The assignment of WORK made by the CONTRACTOR. A full and detailed description of the disputed WORK. When the request is made by the Union, it shall also state the basis of its claim for the WORK.

ii. All requests for services of an Umpire shall be made to the RDC Office at 78

Brookfield Road, St. John's, NL.

iii. The COUNCIL OF UNIONS shall file a copy of each request for a decision with the ASSOCIATION, the affected CONTRACTORS, the Umpire and all of the Local Unions involved in the dispute.

iv. When notice of a request for a decision has been sent to a UNION directly

affected, the UNION shall be allowed twenty-four (24) hours (except as

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provided below) in which to state its position to the Umpire. The UNION shall be notified of this period at the same time it is sent notice of the request for a decision.

v. Where a request for a decision has been filed with the Umpire by the COUNCIL

OF UNIONS, the ASSOCIATION shall be requested to furnish a full description of the disputed WORK.

vi. Where two UNIONS have established procedures for the adjustment of

jurisdictional disputes without resorting to the procedures set out herein, they shall be allowed a reasonable length of time as determined by the Umpire in which to effect a settlement. If the UNIONS are unable to reach agreement, they shall jointly render a statement of facts of the dispute to the Umpire for a decision.

vii. When the Umpire has decided to process a dispute in accordance with the

provisions of Article 19, the UNIONS involved shall be notified and allowed five (5) working days from receipt of the notice in which to submit evidence. The UNIONS shall be notified by registered mail, courier, or facsimile of this period in each case processed.

The notice must also include a clear definition of the dispute on which evidence is to be secured, and the locality from which evidence will be received which shall be the same for both trades and shall be the Province of Newfoundland and Labrador. The Umpire will consider only evidence which identifies projects within the Province of Newfoundland and Labrador and the CONTRACTOR on the project. It is desirable wherever possible for the evidence to show the year the WORK was performed and the amount of WORK involved.

viii. If the Umpire finds that the dispute is not covered by an appropriate or

applicable Decision or Agreement of Record, he/she shall render a decision in which he/she shall consider the established international trade practice or the prevailing practice in the Province of Newfoundland and Labrador, and the decision shall be effective for the duration of the Project.

ix. The COUNCIL OF UNIONS and the ASSOCIATION shall ensure that their

members promptly comply with each decision of the Umpire.

x. If, during the course of consideration of a dispute, the Umpire should decide that there is a substantial and material question of fact which cannot be resolved on the basis of the available evidence, the Umpire shall temporarily suspend the deliberation and make the investigation as he/she deems necessary to avail himself of all facts and evidence bearing on the dispute.

xi. If, during the course of consideration of a dispute, any PARTY to the dispute or

the Umpire should decide that there is a substantial and material question of technological change attendant to a dispute which cannot be resolved on the basis of available evidence, the Umpire shall temporarily suspend the deliberations and make any investigation as he/she deems necessary to avail himself of all facts and evidence bearing on the dispute and shall in any event make a decision prior to the scheduled commencement of WORK.

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xii. In addition to all other requirements in these Rules and Regulations with respect

to the form of a decision rendered by the Umpire, it is also required that any decision shall include a brief statement of the description of the WORK in dispute and the conclusions of the Umpire with respect to the principal material issues which are involved in the dispute. The Umpire’s written decision shall be as brief and concise as possible.

xiii. In keeping with the expressed intent of the PARTIES to address jurisdictional

matters in a timely, efficient and cost effective manner, the hearing may be conducted by electronic audio/visual means.

xiv. Each PARTY to the jurisdictional dispute shall pay its own expenses. The fees

and expenses for the Umpire shall be paid by the losing PARTY.

xv. Unless and until it is re-assigned by the Umpire, WORK shall be performed in accordance with the CONTRACTOR’S final mark up and the Contractor shall have no liability in respect of WORK subsequently re-assigned.

ARTICLE III IMPLEMENTATION OF DECISIONS Decisions as to jurisdiction claims and decisions determining whether or not the decisions have been violated as rendered by the Umpire shall be binding, final and conclusive on all of the parties agreeing to the operation of this Jurisdiction Dispute Resolution Plan, except as otherwise provided in Article III. To further implement the decision of the Umpire, any party, may, at any time, file a complaint in writing with the Umpire alleging a violation of a decision previously made. The Umpire shall thereupon set a hearing to be held within three (3) days of receipt of the complaint with respect to the alleged violation and shall notify, by registered mail, all interested parties of the time and place thereof. The Umpire shall conduct a hearing at the time and place specified in this notice. All parties shall be given an opportunity to testify and present documentary evidence relating to the said matter of the hearing within forty-eight (48) hours after the conclusion thereof. The Umpire shall render a written decision in the matter and shall state whether or not there has been a violation of his/her prior decision. Copies of the decision shall be mailed by registered mail to all parties thereto. Should the Umpire determine that there has been a violation of his/her decision, he/she shall order immediate compliance by the offending party or parties. The Umpire shall take the following action to enforce compliance with his/her decision including a directive to make a specific assignment of work. a) He/she shall levy a fine of $50.00 to $250.00 per day for each violation against the

offender, i.e. Contractor and/or Union, represented by the parties hereto. The fine shall be paid to the COUNCIL OF UNIONS and submitted to the affected Union or Unions consistent with the decision of the Umpire. Should a member of either party to this AGREEMENT fail to pay the amount levied within fifteen (15) days, he/she shall be

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deprived of all benefits of the Umpire until the time as the matter is adjusted to the satisfaction of the Umpire.

b) He/she shall file an application in any court of competent jurisdiction to have his/her decision confirmed and for entry of a judgemnt in conformity therewith.

c) He/she shall take any further or additional action he/she deems necessary to secure compliance with his/her decision.

d) The Umpire shall determine the losing party in each case. If the CONTRACTOR or ASSOCIATION’s final assignment is changed by the umpire, the CONTRACTOR or ASSOCIATION (whichever party made the assignment) AND the assigned trade are the losing parties, and they shall equally share the umpires fees and expenses. If the CONTRACTOR or ASSOCIATION’S final assignment is not changed by the Umpire, the claiming trades shall pay the umpire’s fees and expenses.

ARTICLE IV RECOURSE

Any party or person bound by a decision of the Umpire may apply for a jurisdictional award to the Impartial Jurisdictional Disputes board, or its successor, created by the Building and Construction Trades Department, AFL-CIO, and the person or party shall be bound by all of the Procedural Rules and Regulations of the said Impartial Jurisdictional Disputes Board, or its successor, so far as may be applicable, and shall be bound by any decision of the said Impartial Jurisdictional Disputes Board, or its successor, (including any decision of the International Appeal Board provided therein) as if the decision were a decision of the Umpire referred to in Article I.

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EXHIBIT C WORK SCHEDULES

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WORK SCHEDULE A: TEN (10) DAYS ON / FOUR (4) DAYS OFF The following terms and conditions apply to workers, who work this schedule: 1. The WORK SCHEDULE may commence on any day of the week. 2. The WORK SCHEDULE will consist of ten (10) consecutive scheduled days of work followed by four (4) scheduled days of

rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.

3. The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table A. 4. Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of

rest will be paid at double the straight time rate of pay. 5. A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work

days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the scheduled four (4) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been entitled to under his/her previous schedule.

6. Overtime meals will be as per the provisions of this AGREEMENT. 7. The hours set forth in this WORK SCHEDULE do not constitute a guarantee of hours of work per day.

Table A: Ten and Four WORK SCHEDULE (Ten days of 10 hours worked, 4 days off) DAY M T W Th F S Su M T W Th F S Su

ST 10 10 10 10 10 10 10 1.5 T 10 OT 2.0 10 10

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WORK SCHEDULE B: FOURTEEN (14) DAYS ON / SEVEN (7) DAYS OFF The following terms and conditions apply to workers, who work this schedule: 1. The WORK SCHEDULE may commence on any day of the week. 2. The WORK SCHEDULE will consist of fourteen (14) consecutive scheduled days of work followed by seven (7) scheduled days

of rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.

3. The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table B. 4. Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of


days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the scheduled seven (7) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been entitled to under his/her previous schedule.


Table B: Fourteen and Seven WORK SCHEDULE (Fourteen days of 10 hours worked, 7 days off) DAY M T W Th F S Su M T W Th F S Su M T W Th F S Su

ST 10 10 10 10 10 10 10 10 1.5 T 10 10 OT 2.0 10 10 10 10

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WORK SCHEDULE C: TWENTY (20) DAYS ON / EIGHT (8) DAYS OFF The following terms and conditions apply to workers, who work this schedule: 1. The WORK SCHEDULE may commence on any day of the week. 2. The WORK SCHEDULE will consist of twenty (20) consecutive scheduled days of work followed by eight (8) scheduled days of


3. The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table C. 4. Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of


days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the scheduled eight (8) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been entitled to under his/her previous schedule.


Table C: Twenty and Eight WORK SCHEDULE (Twenty days of 10 hours worked, 8 days off)

DAY M T W Th F S Su M T W Th F S Su M T W Th F S Su M T W Th F S Su ST 10 10 10 10 10 10 10 10 10 10 10 10

1.5 T 10 10 10

OT 2.0 10 10 10 10 10

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WORK SCHEDULE D: FOURTEEN (14) DAYS ON / FOURTEEN (14) DAYS OFF The following terms and conditions apply to workers, who work this schedule: 1. The WORK SCHEDULE may commence on any day of the week. 2. The WORK SCHEDULE will consist of fourteen (14) consecutive scheduled days of work followed by fourteen (14) scheduled

days of rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.

3. The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table D. 4. Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of


days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the scheduled fourteen (14) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been entitled to under his/her previous schedule.


Table D: Fourteen and Fourteen WORK SCHEDULE (Fourteen days of 10 hours worked, 14 days off) DAY M T W Th F S Su M T W Th F S Su M T W Th F S Su M T W Th F S Su ST 10 10 10 10 10 10 10 10

1.5 T 10 10

OT 2.0 10 10 10 10

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WORK SCHEDULE E: TWENTY-EIGHT (28) DAYS ON / FOURTEEN (14) DAYS OFF The following terms and conditions apply to workers, who work this schedule:

1. The WORK SCHEDULE may commence on any day of the week. 2. The WORK SCHEDULE will consist of twenty eight (28) consecutive scheduled days of work followed by fourteen (14)

scheduled days of rest. Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.

3. The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table E. 4. Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of


days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the scheduled fourteen (14) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been entitled to under his/her previous schedule.


Table E: Twenty-Eight and Fourteen WORK SCHEDULE (Twenty-Eight days of 10 hours worked, 14 days off) DAY M T W Th F S Su M T W Th F S Su M T W Th F S Su M T W Th F S Su

ST 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 1.5 T 10 10 10 10 OT 2.0 10 10 10 10 10 10 10 10

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WORK SCHEDULE F: TWENTY (20) DAYS ON / TEN (10) DAYS OFF The following terms and conditions apply to workers, who work this schedule: 1. The WORK SCHEDULE may commence on any day of the week. 2. The WORK SCHEDULE will consist of twenty (20) consecutive scheduled days of work followed by ten (10) scheduled days of


3. The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table F. 4. Work performed outside of the ten (10) regularly scheduled hours of work in a scheduled day of work or on a scheduled day of


days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the scheduled ten (10) days of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been entitled to under his/her previous schedule.


Table F: Twenty and Ten WORK SCHEDULE (Twenty days of 10 hours worked, 10 days off)

DAY M T W Th F S Su M T W Th F S Su M T W Th F S Su M T W Th F S Su M T

ST 10 10 10 10 10 10 10 10 10 10 10 10

1.5 T 10 10 10

OT 2.0 10 10 10 10 10

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WORK SCHEDULE G: SIX (6) DAYS ON / ONE (1) DAY OFF

The following terms and conditions apply to workers, who work this schedule:

1. This WORK SCHEDULE will be scheduled for twenty-four (24) consecutive weeks followed by the employee’s choice of two (2) or four (4) consecutive weeks of rest and applies only to TEMPORARY FOREIGN WORKERS whose PRINCIPAL RESIDENCE is located outside of Canada and the United States of America.

2. The WORK SCHEDULE may commence on any day of the week. 3. The WORK SCHEDULE will consist of six (6) consecutive scheduled days of work followed by one (1) scheduled day of rest.

Each work day will consist of a shift of ten (10) regularly scheduled hours of work. There will be a thirty (30) minute unpaid lunch break occurring at approximately mid shift and two (2) fifteen (15) minute paid work breaks, one occurring at approximately the middle of the first half of the shift and the other at approximately the middle of the second half of the shift.

4. The scheduled hours to be worked and the scheduled hours to be paid (straight time and overtime) are detailed in Table G. 5. A worker, who is transferred to a different WORK SCHEDULE, must be provided with a minimum of two (2) scheduled work

days’ notice. If a worker requests a transfer and it is approved, then overtime rates will not apply for days worked in the scheduled one (1) day of rest, unless any of the ensuing days worked in the new WORK SCHEDULE are a Friday, Saturday, Sunday or Recognized Holiday in which case the applicable over-time rate will apply. If the transfer is not as a result of a worker request, overtime provisions will apply for days worked on the scheduled days of rest that the worker would have been entitled to under his/her previous schedule.


Table G: Six and One WORK SCHEDULE (Six days of 10 hours worked, 1 days off) DAY M T W Th F S Su

ST 10 10 10 10 1.5 T 10 OT 2.0 10

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EXHIBIT D SITE MAP

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EXHIBIT E ISLAND OF NEWFOUNDLAND TRAVEL ZONES

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TRADE APPENDIX

INTERNATIONAL ASSOCIATION OF HEAT AND FROST INSULATORS AND ALLIED WORKERS AND

LOCAL UNION 137

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TRADE APPENDIX

INTERNATIONAL UNION OF OPERATING ENGINEERS, AND

LOCAL UNION 904

1.0 APPLICATION

1.01 This Trade Appendix shall apply to the following:

GROUP 1

Engineers operating: mobile or crawler cranes, skyhorse, ringer and kangaroo type cranes with a

manufacturer’s rating of 50 tons capacity and over. Also, tower crane operators, certified divers,

heavy duty Mechanics and W elders.

GROUP 2

Engineers operating: mobile or crawler, cranes, skyhorse and ringer type cranes, with a

manufacturer’s rating of 49 tons capacity and under, skyway, climbing, hammerhead and kangaroo

type cranes, boat operators with ticket and 1 Class Stationary Engineers.st

GROUP 3

Engineers operating: crawler cranes, clams, shovels, gradalls, backhoes, graders, draglines,

dredges-suction and dipper, mobile truck cranes including Gallion and Austin-W estern type, and all

rough terrain type hydraulic cranes, gantry cranes, creter cranes, side booms, power hoist, mine hoist,

chimney hoist, overhead cranes, tower type man and materials hoists, piledrivers, caisson boring

machines, drill rigs, 2 Class Stationary Engineers and Pittman type cranes of 12 tons capacity andnd

over, operators of batching and crushing plants, bulldozers, fork lifts, tele handler, zoom boom, front

end loaders, hydrovac operator, vacuum truck operator, off highway truck, fifth wheel truck, truck over

10 tons.

GROUP 4

Operators of: bullmoose, pittman type cranes of less than 12 tons capacity, air tuggers, air

compressor feeding low pressure into air locks, tractors, scrapers, emcos, overhead and industrial

tractors with attachments, trenching machine, mucking machines, mobile pumpcretes, side loaders,

end booms, mobile pressure grease units, elevators, dinky locomotive type engines, boat operators

without tickets and 3 Class Stationary Engineers, mechanic’s helper, serviceman concrete pumprd

operator, block accerate mixer.

GROUP 5

Operators of 6” discharge pumps and over, wellpoint systems and all other types of dewatering

systems, concrete mixers of one cubic yard and over, portable air compressor over 150 C.F.M. boom

trucks, “A” Frames, post hole augers, gas, diesel or steam driven generators over 50 H.P. (portable),

and 4 Class Stationary Engineers. Operators of: rollers on grade work, driver mounted compactionth

units, concrete conveyors, and concrete pumps. Firemen and attendants for forced air, gas or oil

burning temporary heating units of 500,000 BTU or over per hour; or five or more heating units of the

same job site, signalman, pumps under 6” discharge where 3 or more pumps are employed on the

same job site, driver mounted power sweeper, truck crane oiler drivers, oilers, bus driver.

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Clerical Group 1 Clerk 1 Office Assistant Receptionist (All office equipment other than computers) Clerical Group 2 Clerk II Administrative Assistant Document Control Clerical Group 3 Senior Clerk Senior Administrative Assistant

As per the Memorandum of Understanding. 1.02 There shall be two (2) classes of Forepersons.

Non-working Foreperson General Foreperson The Non-Working Foreperson shall receive a premium of two dollars ($2.00) per hour above the highest Operating Engineer classification under his/her supervision. The General Foreperson shall receive a premium of two dollars and fifty cents ($2.50) per hour above the hourly rate of the highest Operating Engineer classification under his/her supervision.

2.0 VACATION AND RECOGNIZED HOLIDAY PAY 2.01 Payment for annual vacations and pay in lieu of recognized holidays shall be thirteen

(13%) percent of gross wages including over-time for all workers. 3.0 BENEFIT FUNDS 3.01 Each CONTRACTOR shall contribute the amounts stated in the attached Wage and

Benefit Schedule for each hour earned. Payments shall be made no later than the 15th of the month following the month in which the hours were earned.

3.02 Each payment shall be accompanied by a statement setting out the names of the workers and Social Insurance Numbers (SIN) in respect of whom such payment is made, the amount paid in respect of each worker, and the hours worked by each worker during the calendar month for which payment is being made.

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3.03 Payments shall be made as follows: A. Benefit Plan

Each payment shall be made by a cheque made payable to: Address: O.E. Local 904 Trust P.O. Box 96 St. John’s, NL A1C 5H5

B. Pension Fund

Each payment shall be made by a cheque made payable to:

Address: O.E. Local 904 Trust P.O. Box 96 St. John’s, NL A1C 5H5

C. Training and Promotion Fund

Each payment shall be made by a cheque made payable to: Address: Operating Engineers Training & Promotional Fund 62 Commonwealth Avenue Mount Pearl, NL A1N 1W8

D. Membership Benefit Fund Each payment shall be made by a cheque made payable to: Address: Operating Engineers Membership Benefit Fund 62 Commonwealth Avenue Mount Pearl, NL A1N 1W8

E. Charity Fund

Each payment shall be made by a cheque made payable to: Address: Operating Engineers Charity Fund 62 Commonwealth Avenue Mount Pearl, NL A1N 1W8

F. Industry Fund (RDC)

Each payment shall be made by a cheque made payable to: Address: Resource Development Trades Council of

Newfoundland and Labrador Industrial Fund 78 Brookfield Road St. John’s, NL A1E 3T9

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G. Operating Engineers Stabilization Fund Each payment shall be made by a cheque made payable to: Address: Operating Engineers Stabilization Fund 62 Commonwealth Avenue Mount Pearl, NL A1N 1W8

H. Canadian Building Trades Fund

Each payment shall be made by a cheque made payable to: Address: Canadian Building Trades Fund

c/o Resource Development Trades Council of Newfoundland and Labrador

78 Brookfield Road St. John’s, NL A1E 3T9

I. NL Health Care Fund Each payment shall be made by a cheque made payable to: Address: NL Health Care Fund

c/o Resource Development Trades Council of Newfoundland and Labrador

78 Brookfield Road St. John’s, NL A1E 3T9

4.0 UNION DUES 4.01 Union dues as per Article 8 shall be forwarded to:

Operating Engineers Local 904 62 Commonwealth Avenue Mount Pearl, NL A1N 1W8

5.0 APPRENTICES 5.01 Heavy Equipment Apprentices – Heavy Equipment apprentices shall be employed in

the following manner: there shall be one (1) apprentice for up to three (3) Heavy Equipment Journeypersons employed by the CONTRACTOR. There shall be one (1) Apprentice employed for each multiple of four (4) Heavy Equipment Journeyperson employed by the CONTRACTOR.

5.02 Hoisting Apprentices – Hoisting apprentices shall be employed in the following manner:

there shall be one (1) apprentice for up to three (3) Hoisting Journeypersons employed by the CONTRACTOR. There shall be one (1) Apprentice employed for each multiple of four (4) Hoisting Journeyperson employed by the CONTRACTOR.

5.03 Mechanic and Welder Apprentices – Where the CONTRACTOR employs more than

three (3) but less than five (5) Journeyperson, he/she shall employ at least one (1) registered apprentice. Where the CONTRACTOR employs more than five Journeyperson, he/she shall employ one (1) apprentice for each multiple of five (5)

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Journeyperson employed. The fore going ratio shall apply equally to mechanics and welders.

5.04 Utilization of Apprentices/Manning of Cranes

The provisions contained in this article shall be used to the maximum extent possible for the enhancement of the Apprenticeship Program to that end Apprentices shall be used whenever possible to carry out the provisions hereof.

a) The following shall require one (1) Apprentice for each one (1) piece of equipment.

i. All conventional truck mounted or crawler cranes with a manufacturer’s rating of

twenty-five (25) ton capacity and over.

ii. All truck mounted hydraulic and rough terrain type cranes with a manufacturer’s rating of one hundred (100) ton capacity and over.

iii. All backhoes, shovels, clams and draglines with a capacity over 1¾ cubic yards.

b) The following shall require one (1) Apprentice for each two (2) pieces of equipment.

i. Climbing, tower, traveller, hammerhead, skyway, kodiak and kangaroo type cranes.

c) The following shall require one (1) apprentice for each four (4) pieces of equipment:

i. All truck mounted hydraulic and rough terrain type cranes with a manufacturer’s

rating between thirty (30) and one hundred (100) ton capacity.

ii. Backhoes, shovels, clams and draglines with a manufacturer’s capacity of 1¾ cubic yards and under.

5.05 Apprenticeship Rates and Other Conditions

The following remuneration shall apply for all apprentices:

1st 1000 hrs. 60% of Group 2 Rate 2nd 1000 hrs. 65% of Group 2 Rate

3rd 1000 hrs. 70% of Group 2 Rate 4th 1000 hrs. 75% of Group 2 Rate 5th 1000 hrs. 80% of Group 2 Rate 6th 1000 hrs. 90% of Group 2 Rate 5.06 A period shall be defined as six (6) months or one thousand (1000) working hours,

whichever is greater.

Where an Apprentice is not available then an Oiler or Oiler Driver shall be utilized. 6.0 SPECIAL CONDITIONS 6.01 Overtime Operations

If an Operator is regularly assigned to a machine from Monday through Friday in a given week and productive Work is required after the normal hours of work or on the Saturday, Sunday or holiday of that week, such Operator will be assigned to such particular machine for such Saturday, Sunday or holiday work.

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6.02 Owner Operated Equipment Owner Operated equipment performing work on the project shall be subject to the terms and conditions of the Agreement. Each Contractor shall advise the Council when Owner Operated Equipment is being contracted.

6.03 Heavy Lifting One ($1.00) dollar per hour premium will be paid to operators of cranes from 225-300

tons. An additional ten ($0.10) cents per hour will be paid to the operator for every 50 tons thereafter (.ie. 450 ton crane + $1.30 premium).

6.04 Boom Premium

A boom premium of $0.75 shall be paid to crane operators operating cranes with a boom of 140-200ft. A boom premium of $1.25 shall be paid to crane operators operating cranes with a boom in excess of 200ft.

6.05 Equipment Assembly It is agreed that the assembling and dismantling of the CONTRACTOR’S construction

equipment described in the Classification or falling within the jurisdiction of the Operating Engineers, will be performed by members of the Operating Engineer’s Union.

6.06 Health and Safety The employer will provide, without cost, welding helmets, safety goggles and an adequate

supply of coveralls (summer and winter) as required by the nature of the employee’s work. The employee will sign for such equipment supplied by the employer and authorize deductions of the cost from their wages if they do not return such equipment in good condition, subject to reasonable wear and tear when they are returned.

7.0 EPCM 7.01 The document control persons employed by the Owner’s EPCM Agent working in non-

confidential positions shall be included in the bargaining unit and paid the appropriate Clerical Group Rate. All other clerical staff in confidential positions shall remain outside of the bargaining unit and shall not perform bargaining unit work.

8.0 TOOL LIST 8.01 1) ¼ drive set standard and metric including ratchet and extensions

2) 3/8 Drive set up to 7/8 socket standard and metric including ratchet and Extensions 3) Combination wrench set from ¼ to 1 ¼ and 5mm to 30mm 4) ½ Drive socket set from 3/8 to 1 ¼ shallow and deep including ratchet and extensions 5) ½ Drive metric socket set from 10mm to 30 mm

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6) Punch and chisel set 7) Various pliers, side cutters, water pump pliers, vise grip, wire crimpers, long nose pliers 8) Pry bar set 9) Various ball peen hammers 10) Volt meter, test light 11) Crow feet socket set from 3/8 to 15/16 12) 3/8 drive air ratchet, ½ drive air impact 13) Complete set of screwdrivers 14) Allan wrenches metric and standard 15) Torques bit socket set and screwdrivers

16) Line wrenches from 3/8 to ¾ inclusive

17) ½ drive Impact sockets 3/8 to 1 ¼

18) ½ drive impact swivel socket set ½ to 15/16

8.02 Tool Premium of seventy five cents ($0.75) per hour worked.

International Union of Operating Engineers and Local Union 904

Schedule “A” - Wages and BenefitsEffective May 1, 2013

Wage Rates - May 1, 2013($2.00 Increase - $1.10 on Wages, $0.90 on Pension)

TradeBasic

HourlyRate

Vac.Pay 9%

Hol.Pay 4%

HourlyRate

H & W PensionTrain.

&Promo.

MemberBenefit

CharityFund

RateStabiliz

NLHealthFund

GrossHourly

Package

1 $32.57 $2.93 $1.30 $36.80 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $47.40

2 $31.57 $2.84 $1.26 $35.67 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $46.27

3 $31.17 $2.80 $1.25 $35.22 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $45.82

4 $30.18 $2.72 $1.21 $34.11 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $44.71

5 $29.44 $2.65 $1.18 $33.27 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $43.87

6 Foreperson will receive 15% over the highest classification under their supervision.

7 General Foreperson will receive 20% over the highest classification under their supervision.

APPRENTICE

1st Period 60% ofGroup 2 $18.94 $1.70 $0.76 $21.40 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $32.00

2nd Period 65% ofGroup 2 $20.52 $1.85 $0.82 $23.19 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $33.79

3rd Period 70% ofGroup 2 $22.10 $1.99 $0.88 $24.97 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $35.57

4th Period 75% ofGroup 2 $23.68 $2.13 $0.95 $26.76 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $37.36



CLERICAL

Group 1 $23.60 $2.12 $0.94 $26.66 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $37.26

Group 2 $25.82 $2.32 $1.03 $29.17 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $39.77

Group 3 $27.16 $2.44 $1.09 $30.69 $2.15 $6.45 $0.80 $0.25 $0.20 $0.50 $0.25 $41.29

Notes: The following shall be paid in addition to the above wage package.

1. RDC Administration Fund - Contractor shall remit RDC Administration Fund ($0.30 per hour earned) as per Article 38.

2. HPEA Administration Fund - Contractor shall remit HPEA Administration Fund ($0.30 per hour earned) as per Article 38.

3. Hebron Project Premium - Contractor shall pay Hebron Project Premium ($3.00 per hour earned, paid quarterly) as per Article 41.

4. Designated Fund - Contractor shall send the following amounts to the Resource Development Trades Council.

a. Contractor shall remit $0.25 per hour earned to the Health Care Foundation Fund as per Article 42 (in addition to NL Health

Fund in table above).

b. Contractor shall remit $0.05 per hour earned to the Canadian Building Trades Fund as per Article 42.

Page 140 of 174

International Union of Operating Engineers and Local Union 904Hebron Project


Wage Rates - May 1, 2014($2.00 Increase - $1.05 Wages, $0.90 Pension, $0.05 EAP Fund)

TradeBasicHourlyRate

Vac.Pay 9%

Hol.Pay 4%

HourlyRate

H & W PensionTrain. &Promo.

MemberBenefit

CharityFund

RateStabiliz.

NL HealthFund

EAP FundGrossHourly

Package

1 $33.50 $3.01 $1.34 $37.85 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $49.40

2 $32.50 $2.92 $1.30 $36.72 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $48.27

3 $32.10 $2.89 $1.28 $36.27 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $47.82

4 $31.12 $2.80 $1.24 $35.16 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $46.71

5 $30.38 $2.73 $1.21 $34.32 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $45.87



APPRENTICE

1st Period 60%of Group 2 $19.50 $1.76 $0.78 $22.04 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $33.59

2nd Period 65%of Group 2 $21.13 $1.90 $0.85 $23.88 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $35.43

3rd Period 70%of Group 2 $22.75 $2.05 $0.91 $25.71 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $37.26

4th Period 75%of Group 2 $24.38 $2.19 $0.98 $27.55 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $39.10



CLERICAL

Group 1 $24.52 $2.21 $0.98 $27.71 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $39.26

Group 2 $26.74 $2.41 $1.07 $30.22 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $41.77

Group 3 $28.96 $2.61 $1.16 $32.73 $2.15 $7.35 $0.80 $0.25 $0.20 $0.50 $0.25 $0.05 $44.28

International Union of Operating Engineers and Local Union 904Hebron Project


Wage Rates - May 1, 2015($2.00 Increase - $1.05 Wages, $0.90 Pension, $0.05 EAP Fund)

TradeBasicHourlyRate

Vac.Pay 9%

Hol.Pay 4%

HourlyRate

H & W PensionTrain. &Promo.

MemberBenefit

CharityFund

RateStabiliz.

NL HealthFund

EAP FundGrossHourly

Package

1 $34.42 $3.10 $1.38 $38.90 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $51.40

2 $33.42 $3.01 $1.34 $37.77 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $50.27

3 $33.03 $2.97 $1.32 $37.32 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $49.82

4 $32.05 $2.88 $1.28 $36.21 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $48.71

5 $31.30 $2.82 $1.25 $35.37 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $47.87



APPRENTICE

1st Period 60%of Group 2 $20.05 $1.80 $0.80 $22.65 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $35.15

2nd Period 65%of Group 2 $21.72 $1.96 $0.87 $24.55 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $37.05

3rd Period 70%of Group 2 $23.39 $2.11 $0.94 $26.44 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $38.94




CLERICAL

Group 1 $25.45 $2.29 $1.02 $28.76 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $41.26

Group 2 $27.67 $2.49 $1.11 $31.27 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $43.77

Group 3 $29.89 $2.69 $1.20 $33.78 $2.15 $8.25 $0.80 $0.25 $0.20 $0.50 $0.25 $0.10 $46.28

Notes: The following shall be paid in addition to the above wage package.

1. RDC Administration Fund - Contractor shall remit RDC Administration Fund ($0.30 per hour earned) as per Article 38.2. HPEA Administration Fund - Contractor shall remit HPEA Administration Fund ($0.30 per hour earned) as per Article 38.3. Hebron Project Premium - Contractor shall pay Hebron Project Premium ($3.00 per hour earned, paid quarterly) as per Article 41.4. Designated Fund - Contractor shall send the following amounts to the Resource Development Trades Council.

a. Contractor shall remit $0.25 per hour earned to the Health Care Foundation Fund as per Article 42 (in addition to NL Health Fund in tableabove).

b. Contractor shall remit $0.05 per hour earned to the Canadian Building Trades Fund as per Article 42.

Page 167 of 174

THIS MEMORANDUM OF UNDERSTANDING made at the City of St. John’s, in the Province of Newfoundland and Labrador, this ___ day of __________ 2011 BETWEEN:

HEBRON PROJECT EMPLOYERS’ ASSOCIATION INC. (the “ASSOCIATION”)

of the one part AND:

RESOURCE DEVELOPMENT TRADES COUNCIL OF NEWFOUNDLAND AND LABRADOR (the “COUNCIL OF UNIONS”) and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) LOCAL UNION 1620 (the “UNION”)

of the other part WHEREAS: 1. Certain of the UNIONS have not yet concluded collective bargaining with Construction

Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) in respect of a revised agreement to be applicable to the employment of their members by unionized employers in the industrial and commercial division of the construction industry in Newfoundland and Labrador.

2. Those UNIONS wish to ensure that certain of the terms and conditions of employment applicable to the Hebron Development Project are as consistent as possible with those subsequently agreed by them and the CLRA for general application to the industrial and commercial division of the construction industry.

3. The ASSOCIATION and COUNCIL OF UNIONS agree, and the UNION signatory to this Memorandum of Understanding acknowledges and confirms, that certain provisions of the trade appendix applicable to the UNION attached to and forming part of the AGREEMENT may be amended as a result of the terms and conditions of employment eventually agreed between CLRA and the UNION.

4. This Memorandum identifies the particular provisions referred to above and the circumstances in and extent to which they may be amended and applied to employment in respect of the Hebron Development Project.

NOW THEREFORE THIS MEMORANDUM WITNESSES that in consideration of the mutual covenants herein and other good and valuable consideration provided by the parties hereto,

-

Page 168 of 174

each to the others (the receipt and sufficiency of which is hereby acknowledged by each party), the PARTIES agree and the signatory UNION acknowledges and confirms as follows: 1. The ASSOCIATION agrees to adopt only changes in the wage, vacation, holiday pay,

health and welfare and pension in the gross hourly wage package negotiated between the International Brotherhood of Electrical Workers (IBEW) Local Union 1620 and the Construction Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) at the time of signing of the revised Provincial Collective Agreement, to a maximum of the gross hourly wage package that is applicable between the ASSOCIATION and the International Brotherhood of Electrical Workers (IBEW) Local Union 2330 for the Hebron Project Agreement with no retroactivity.

2. The ASSOCIATION agrees to adopt the supervisory wage premiums for Working

Forepersons, Forepersons and General Forepersons negotiated between the International Brotherhood of Electrical Workers (IBEW) Local Union 1620 and the CLRA at the time of signing of the revised Provincial Collective Agreement to a maximum of the supervisory wage premiums negotiated for these classifications between the ASSOCIATION and the International Brotherhood of Electrical Workers (IBEW) Local Union 2330 for the Hebron Project Agreement with no retroactivity.

IN WITNESS WHEREOF the PARTIES and the UNION signatory to the AGREEMENT have executed this Memorandum as of the above date.

Hebron Project Employers’ Association Inc.

Resource Development Trades Council of Newfoundland and Labrador International Brotherhood of Electrical Workers (IBEW) Local Union 1620

Page 169 of 174




RESOURCE DEVELOPMENT TRADES COUNCIL OF NEWFOUNDLAND AND LABRADOR (the “COUNCIL OF UNIONS”) and INTERNATIONAL ASSOCIATION OF HEAT AND FROST INSULATORS AND ALLIED WORKERS LOCAL UNION 137 (the “UNION”)



2. Those UNIONS wish to ensure that certain of the terms and conditions of employment

applicable to the Hebron Development Project are as consistent as possible with those subsequently agreed by them and the CLRA for general application to the industrial and commercial division of the construction industry.



NOW THEREFORE THIS MEMORANDUM WITNESSES that in consideration of the mutual covenants herein and other good and valuable consideration provided by the parties hereto, each to the others (the receipt and sufficiency of which is hereby acknowledged by each party), the PARTIES agree and the signatory UNION acknowledges and confirms as follows:

Page 170 of 174

1. The ASSOCIATION agrees to adopt the supervisory wage premiums for Working Forepersons, Forepersons and General Forepersons, negotiated between the International Association of Heat and Frost Insulators and Allied Workers Local Union 137 and the Construction Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) at the time of signing the revised Provincial Collective Agreement with no retroactivity.



Resource Development Trades Council of Newfoundland and Labrador International Association of Heat and Frost Insulators and Allied Workers Local Union 137

Page 171 of 174

THIS MEMORANDUM OF UNDERSTANDING made at the City of St. John’s, in the Province of Newfoundland and Labrador, this day of , 2011. BETWEEN:

HEBRON PROJECT EMPLOYERS’ ASSOCIATION INC.

(the “ASSOCIATION”)



(the “COUNCIL OF UNIONS”) and

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION 904

(the “UNION”)

of the other part

WHEREAS: 1. Certain of the UNIONS have not yet concluded collective bargaining with Construction




3. The ASSOCIATION and COUNCIL OF UNIONS agree, and the UNION signatory to this

Memorandum of Understanding acknowledges and confirms, that certain provisions of the trade appendix applicable to the UNION attached to and forming part of the AGREEMENT shall be amended as a result of the terms and conditions of employment eventually agreed between CLRA and the UNION.

4. This Memorandum identifies the particular provisions referred to above and the

circumstances in and extent to which they may be amended and applied to employment in respect of the Hebron Development Project.

5. The parties are engaged in the process of negotiating a Project Collective Agreement for

the Hebron Development Project.

Page 172 of 174

NOW THEREFORE THIS MEMORANDUM WITNESSES that in consideration of the mutual covenants herein and other good and valuable consideration provided by the parties hereto, each to the others (the receipt and sufficiency of which is hereby acknowledged by each party), the PARTIES agree and the signatory UNION acknowledges and confirms as follows: 1. The ASSOCIATION agrees to adopt any change in pay grouping for only the UNION’S

present classifications of Crane Operators 50 - 149 tonnes, Welders, Mechanics, Forklifts, Asphalt Rollers, Batch Plant and Crusher Plant Operators negotiated between the International Union of Operating Engineers Local Union 904 and the Construction Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) at the time of signing of the revised Provincial Collective Agreement with no retroactivity, as part of the Hebron Project Collective Agreement.


Forepersons, Forepersons and General Forepersons negotiated between the International Union of Operating Engineers Local Union 904 and the CLRA at the time of signing of the revised Provincial Collective Agreement with no retroactivity, as part of the Hebron Project Collective Agreement.

IN WITNESS WHEREOF the PARTIES and the UNION signatory to the AGREEMENT have executed this Memorandum as of the above date. Hebron Project Employers’ Association Inc. Resource Development Trades Council of

Newfoundland and Labrador

International Union of Operating Engineers, Local Union 904

Page 173 of 174




RESOURCE DEVELOPMENT TRADES COUNCIL OF NEWFOUNDLAND AND LABRADOR (the “COUNCIL OF UNIONS”) and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES LOCAL UNION 1984 (the “UNION”)







NOW THEREFORE THIS MEMORANDUM WITNESSES that in consideration of the mutual covenants herein and other good and valuable consideration provided by the parties hereto, each to the others (the receipt and sufficiency of which is hereby acknowledged by each party), the PARTIES agree and the signatory UNION acknowledges and confirms as follows:

Page 174 of 174

1. The ASSOCIATION agrees to adopt only changes in the wage, vacation, holiday pay, health and welfare and pension in the gross hourly wage package negotiated between the International Union of Painters and Allied Trades Local Union 1984 and the Construction Labour Relations Association of Newfoundland and Labrador Inc. (“CLRA”) at the time of signing of the revised Provincial Collective Agreement with no retroactivity.


Forepersons, Forepersons and General Forepersons negotiated between the International Union of Painters and Allied Trades Local Union 1984 and the CLRA at the time of signing of the revised Provincial Collective Agreement with no retroactivity.



Resource Development Trades Council of Newfoundland and Labrador International Union of Painters and Allied Trades Local Union 1984

Documents

Agreement with 2015 Rates.pdf · Page 4 of 174 10. Carpenters United Brotherhood of Carpenters and Joiners of America and Carpenters Local Union 579