Common use of EMPLOYEE DEFINITION & RESPONSIBILITY Clause in Contracts

EMPLOYEE DEFINITION & RESPONSIBILITY. 4.01 An employee is defined as a Certified Journeyperson, an Uncertified Journeyperson or an Apprentice Painter, Apprentice Helper, paperhanger, fabric hanger, decorator, sand- blaster, water blaster, vacuum operator, spray applicator, swing stage operator, xxxxxxx or sub-xxxxxxx working for any individual firm, partnership or corporation. He/She shall be in good standing with the Union. 4.02 It is the responsibility of each employee to provide the appropriate personal equip- ment that shall include the following: putty knife, broad knife, duster, crescent wrench, approved hardhat, one (1) pair of whites, approved safety boots, and screwdriver. Vinyl hangers will supply their own hand cutting tools, but the Employer will supply cutting blades. All other tools and equipment necessary to perform the work required will be the responsibility of the Employer and no employee will be required to have, or pur- chase said equipment or tools . It is the responsibility of each Employer to supply all required health and safety equip- ment including, but not limited to, safety glasses, proper respiratory equipment, includ- ing filters and disposables, safety harnesses, sandblasting hoods and lenses, gloves, etc. Any assigned equipment, in addition to the above, shall be returned to the Employer at the end of employment or the cost of such equipment will be deducted from the final pay cheque. Any equipment that must be replaced because of normal wear and tear shall be returned to the Employer for replacement at the Employer’s expense. Failure to wear assigned safety equipment may be reason for dismissal by the Employer. It is the responsibility of each employee, as a condition of job referral to complete any and all government-mandated health and safety training required for the job duties prior to referral. The member will provide the Union and the Employer with proof of all required government mandated health and safety training certificates. The Union will make every effort to provide the Employer with proof of the government mandated health and safety training certificates obtained, and include that information with the referral slip. Any member who does not complete such training will not be considered qualified for referral to that job. (a) A Certified Journeyperson is the holder of a Certificate of Qualification issued by the Ministry of Training, Colleges and Universities under the authority of the Trades Qualification and Apprenticeship Act or by the Ontario College of Trades, and is a member of the College of Trades, or jointly by the Ontario Council (Union) and the Ontario Painting Contractors Association. (b) For designated substances removal or abatement projects where blood mon- itoring is conducted, the Employer, the Union and the Joint Health and Safety Committee shall be informed of the test results for blood levels. 4.04 An Uncertified Journeyperson is an employee who does not hold a Certificate of Qualification as described in Article 4.03 (a) above. In a lay-off situation, Uncertified Journeypersons shall be laid off before Certified Journeypersons provided the Certified Journeyperson(s) can perform the work required by the Employer. An Uncertified Journeyperson who was previously “grandfathered” to the status of a Certified Journeyperson shall be considered a Certified Journeyperson for the purposes of this Agreement. Rates for Uncertified Journeypersons who were members of the Union prior to May 1, 2004 will be twenty (20%) per cent per hour less than the Certified Journeyperson’s rate. All Uncertified Journeypersons who were not members of the Union as of that date will be paid twenty-five (25%) per cent per hour less than Certified Journeypersons. 4.05 An Apprentice is an employee in training who has been registered with the Ministry of Training, Colleges and Universities, Apprenticeship Branch through the Union and is also a member of the College of Trades.

EMPLOYEE DEFINITION & RESPONSIBILITY. 4.01 An employee is defined as a Certified Journeyperson, an Uncertified Journeyperson or an Apprentice Painter, Apprentice Helper, paperhanger, fabric hanger, decorator, sand- blaster, water blaster, vacuum operator, spray applicator, swing stage operator, xxxxxxx or sub-xxxxxxx working for any individual firm, partnership or corporation. He/She shall be in good standing with the Union. 4.02 It is the responsibility of each employee to provide the appropriate personal equip- ment that shall include the following: putty knife, broad knife, duster, crescent wrench, approved hardhat, one (1) pair of whites, approved safety boots, and screwdriver. Vinyl hangers will supply their own hand cutting tools, but the Employer will supply cutting blades. All other tools and equipment necessary to perform the work required will be the responsibility of the Employer and no employee will be required to have, or pur- chase said equipment or tools . It is the responsibility of each Employer to supply all required health and safety equip- ment including, but not limited to, safety glasses, proper respiratory equipment, includ- ing filters and disposables, safety harnesses, sandblasting hoods and lenses, gloves, etc. Any assigned equipment, in addition to the above, shall be returned to the Employer at the end of employment or the cost of such equipment will be deducted from the final pay cheque. Any equipment that must be replaced because of normal wear and tear shall be returned to the Employer for replacement at the Employer’s expense. Failure to wear assigned safety equipment may be reason for dismissal by the Employer. It is the responsibility of each employee, as a condition of job referral to complete any and all government-mandated health and safety training required for the job duties prior to referral. The member will provide the Union and the Employer with proof of all required government mandated health and safety training certificates. The Union will make every effort to provide the Employer with proof of the government mandated health and safety training certificates obtained, and include that information with the referral slip. Any member who does not complete such training will not be considered qualified for referral to that job. (a) A Certified Journeyperson is the holder of a Certificate of Qualification issued by the Ministry of Training, Colleges and Universities under the authority of the Trades Qualification and Apprenticeship Act or by the Ontario College of Trades, and is a member of the College of Trades, or jointly by the Ontario Council (Union) and the Ontario Painting Contractors Association. (b) For designated substances removal or abatement projects where blood mon- itoring is conducted, the Employer, the Union and the Joint Health and Safety Committee shall be informed of the test results for blood levels. 4.04 An Uncertified Journeyperson is an employee who does not hold a Certificate of Qualification as described in Article 4.03 (a) above. In a lay-off situation, Uncertified Journeypersons shall be laid off before Certified Journeypersons provided the Certified Journeyperson(s) can perform the work required by the Employer. An Uncertified Journeyperson who was previously “grandfathered” to the status of a Certified Journeyperson shall be considered a Certified Journeyperson for the purposes of this Agreement. Rates for Uncertified Journeypersons who were members of the Union prior to May 1, 2004 will be twenty (20%) per cent per hour less than the Certified Journeyperson’s rate. All Uncertified Journeypersons who were not members of the Union as of that date will be paid twenty-five (25%) per cent per hour less than Certified Journeypersons. 4.05 An Apprentice is an employee in training who has been registered with the Ministry of Training, Colleges and Universities, Apprenticeship Branch through the Union and is also a member of the College of Trades. 4.06 An Apprentice Helper is an employee who is not a registered Apprentice with the Ministry of Training, Colleges and Universities. It is agreed between the Employer and the Union that an Employer may hire an Apprentice Helper once the Employer has met the ratio of journeypersons and registered apprentices in the company. An Apprentice Helper will receive a minimum rate of pay of eleven ($11.00) dollars per hour or minimum wage (whichever is greater) with all other benefits as per the Employment Standards Act of Ontario. The Employer shall remit the amounts to the Finishing Trades Trust Fund as per Article 21

EMPLOYEE DEFINITION & RESPONSIBILITY. 4.01 3.01 An employee is defined as a Certified Journeyperson, an Uncertified Journeyperson or an Apprentice Painter, Apprentice Helper, paperhanger, fabric hanger, decorator, sand- blaster, water blaster, vacuum operator, spray applicator, swing stage operator, xxxxxxx or sub-xxxxxxx working for any individual firm, partnership or corporation. He/She shall be in good standing with the Union. 4.02 3.02 It is the responsibility of each employee to provide the appropriate personal equip- ment that shall include the following: putty knife, broad knife, duster, crescent wrench, approved hardhat, one (1) pair of whites, approved safety boots, and screwdriver. Vinyl hangers will supply their own hand cutting tools, but the Employer will supply cutting blades. All other tools and equipment necessary to perform the work required will be the responsibility of the Employer and no employee will be required to have, or pur- chase purchase said equipment or tools tools. It is the responsibility of each Employer to supply all required health and safety equip- ment equipment including, but not limited to, safety glasses, proper respiratory equipmentequip- ment, includ- ing including filters and disposables, safety harnesses, sandblasting hoods and lenses, gloves, etc. Any assigned equipment, in addition to the above, shall be returned to the Employer at the end of employment or the cost of such equipment will be deducted from the final pay cheque. Any equipment that must be replaced because of normal wear and tear shall be returned to the Employer for replacement at the Employer’s expense. Failure to wear assigned safety equipment may be reason for dismissal by the Employer. It is the responsibility of each employee, as a condition of job referral to complete any and all government-mandated health and safety training required for the job duties prior to referral. The member will provide the Union and the Employer with proof of all required government mandated health and safety training certificates. The Union will make every effort to provide the Employer with proof of the government mandated health and safety training certificates obtained, and include that information informa- tion with the referral slip. Any member who does not complete such training will not be considered qualified for referral to that job. (a) A Certified Journeyperson is the holder of a Certificate of Qualification issued by the Ministry of Training, Colleges and Universities under the authority of the Trades Qualification and Apprenticeship Act or by the Ontario College of Trades, and is a member of the College of Trades, or jointly by the Ontario Council (Union) and the Ontario Painting Contractors Association. (b) For designated substances removal or abatement projects where blood mon- itoring is conducted, the Employer, the Union and the Joint Health and Safety Committee shall be informed of the test results for blood levels. 4.04 3.04 An Uncertified Journeyperson is an employee who does not hold a Certificate of Qualification as described in Article 4.03 (a3.03(a) above. In a lay-off situation, Uncertified Journeypersons shall be laid off before Certified Journeypersons provided the Certified Journeyperson(s) can perform the work required by the Employer. An Uncertified Journeyperson who was previously “grandfathered” to the status of a Certified Journeyperson shall be considered a Certified Journeyperson for the purposes of this Agreement. Rates for Uncertified Journeypersons who were members of the Union prior to May 1, 2004 will be twenty (20%) per cent per hour less than the Certified Journeyperson’s rate. All Uncertified Journeypersons who were not members of the Union as of that date will be paid twenty-five (25%) per cent per hour less than Certified Journeypersons. 4.05 3.05 It is agreed that any violation of the Uncertified Journeyperson conditions will result in a Joint Trade Board Hearing against that firm. 3.06 An Apprentice is an employee in training who has been registered with the Ministry of Training, Colleges and Universities, Apprenticeship Branch through the Union and is also a member of the College of Trades. 3.07 An Apprentice Helper is an employee who is not a registered Apprentice with the Ministry of Training, Colleges and Universities. It is agreed between the Employer and the Union that an Employer may hire an Apprentice Helper once the Employer has met the ratio of journeypersons and registered apprentices in the company. An Apprentice Helper will receive a minimum rate of pay of eleven ($11.00) dollars per hour or minimum wage (whichever is greater) with all other benefits as per the Employment Standards Act of Ontario. The Employer shall remit the amounts to the Training Centre Trust Fund as per Article 20 Training Centre Trust Fund herein for the purpose of health and safety training. The Employer will deduct from the first pay period of each month union dues in the amount prescribed by the Local Union and forward same as per Article 21

EMPLOYEE DEFINITION & RESPONSIBILITY. 4.01 3.01 An employee is defined as either a Certified Qualified Journeyperson, an Uncertified Unqualified Journeyperson or an Apprentice Painter, Apprentice Helperpainter, paperhanger, fabric hanger, decorator, sand- blastersandblaster, water blaster, vacuum operator, spray applicator, swing stage operator, xxxxxxx or sub-xxxxxxx working for any individual firm, co-partnership or corporation. He/She He shall be in good standing with the Union. 4.02 3.02 It is the responsibility of each employee to provide the appropriate personal equip- ment equipment that shall include the following: putty knife, broad knife, duster, crescent wrench, approved hardhat, one (1) pair of whites, approved safety boots, and screwdriver. Vinyl hangers will supply their own hand cutting tools, but the Employer employer will supply cutting blades. All other tools and equipment necessary to perform the work required will be the responsibility of the Employer and no employee will be required to have, or pur- chase said equipment or tools . It is the responsibility of each Employer to supply all required health safety glasses and safety equip- ment including, but not limited to, safety glasses, proper respiratory equipment, includ- ing filters and disposables, safety harnesses, sandblasting hoods and lenses, gloves, etc. Any assigned equipment, in addition to the above, shall be returned to the Employer at the end of employment or the cost of such equipment will be deducted from the final pay cheque. Any equipment that must be replaced because of normal wear and tear shall be returned to the Employer for replacement at the Employer’s expense. Failure to wear assigned safety equipment may be reason for dismissal by the Employer. It is the responsibility of each employee, as a condition of job referral to complete any and all government-mandated health and safety training required for the job duties prior to referral. The member will provide the Union and the Employer with proof of all required government mandated health and safety training certificates. The Union will make every effort to provide the Employer with proof of the government mandated health and safety training certificates obtained, and include that information with the referral slip. Any member who does not complete such training will not be considered qualified for referral to that job. (a) A Certified Qualified Journeyperson is the holder of a Certificate of Qualification issued by the Ministry of Training, Colleges and Universities under the authority of the Trades Qualification and Ontario Apprenticeship Act or by the Ontario College of Trades, and is a member of the College of Trades, or jointly by the Ontario Council (Union) and the Ontario Painting Contractors Association. New cards will bear the logos of both parties and will be dated July 1, 1993. After this date the cards will only be available to employees certified through the Ontario Labour Relations Board. (b) For designated substances lead removal or abatement projects where blood mon- itoring monitoring is conducted, the Employer, the Union and the Joint Health and Safety Committee shall be informed of the test results for blood levels. 4.04 3.04 An Uncertified Unqualified Journeyperson is an employee who does not hold a Certificate of Qualification as described in Article 4.033.03 (a) above. In a lay-off situationThese Unqualified Journeypersons will not be allowed to work alone, Uncertified nor to work overtime until all qualified Journeyperson and Apprentices are on overtime. Unqualified Journeypersons shall may be laid off before Certified Journeypersons provided replaced by any available Qualified Journeyperson or Apprentice at the Certified Journeyperson(s) can perform request of the work required by Union representative after 48 hours' notice or the Employer. An Uncertified Journeyperson who was previously “grandfathered” to the status of a Certified Journeyperson shall be considered a Certified Journeyperson for the purposes of this Agreementfollowing Monday. Rates for Uncertified Unqualified Journeypersons who were members of the Union union prior to May 1, 2004 will be twenty (20%) per cent per hour less than the Certified Qualified Journeyperson’s rate. All Uncertified Effective upon ratification, all Unqualified Journeypersons who were not members of the Union union as of that date will be paid twenty-five (25%) per cent per hour less than Certified Qualified Journeypersons. 4.05 3.05 It is agreed that any violation of the Unqualified Journeyperson conditions will result in a Joint Trade Board Hearing against that firm. 3.06 An Apprentice is an employee in training who has been registered with the Ministry of Training, Colleges and Universities, Apprenticeship Branch through the Union and is also a member of the College of TradesUnion.

EMPLOYEE DEFINITION & RESPONSIBILITY. 4.01 An employee is defined as a Certified Journeyperson, an Uncertified Unregistered Journeyperson or an Apprentice Painter, Apprentice Helper, paperhanger, fabric hanger, decorator, sand- blastersandblaster, water blaster, vacuum operator, spray applicator, swing stage operator, xxxxxxx or sub-xxxxxxx working for any individual firm, partnership or corporation. He/She shall be in good standing with the Union. 4.02 It is the responsibility of each employee to provide the appropriate personal equip- ment that shall include the following: putty knife, broad knife, duster, crescent wrench, approved hardhat, one (1) pair of whites, approved safety boots, and screwdriver. Vinyl hangers will supply their own hand cutting tools, but the Employer will supply cutting blades. All other tools and equipment necessary to perform the work required will be the responsibility of the Employer and no employee will be required to have, or pur- chase said equipment or tools . It is the responsibility of each Employer to supply all required health and safety equip- ment including, but not limited to, safety glasses, proper respiratory equipment, includ- ing filters and disposables, safety harnesses, sandblasting hoods and lenses, gloves, etc. Any assigned equipment, in addition to the above, shall be returned to the Employer at the end of employment or the cost of such equipment will be deducted from the final pay cheque. Any equipment that must be replaced because of normal wear and tear shall be returned to the Employer for replacement at the Employer’s expense. Failure to wear assigned safety equipment may be reason for dismissal by the Employer. It is the responsibility of each employee, as a condition of job referral to complete any and all government-mandated health and safety training required for the job duties prior to referral. The member will provide the Union and the Employer with proof of all required government mandated health and safety training certificates. The Union will make every effort to provide the Employer with proof of the government mandated health and safety training certificates obtained, and include that information with the referral slip. Any member who does not complete such training will not be considered qualified for referral to that job. (a) A Certified Journeyperson is the holder of a Certificate of Qualification issued by the Ministry of TrainingLabour, Colleges Training and Universities Skills Development under the authority of the Trades Qualification and Apprenticeship Act or by the Skilled Trades Ontario College of Tradesor successor organization, and is a member of the College of TradesSkilled Trades Ontario, or jointly by the Ontario Council (Union) and the Ontario Painting Contractors Association. (b) For designated substances removal or abatement projects where blood mon- itoring is conducted, the Employer, the Union and the Joint Health and Safety Committee shall be informed of the test results for blood levels. 4.04 An Uncertified Journeyperson is an employee who served as a registered appren- xxxx (4.06) for the duration of the 6000 hours but does not hold a Certificate of Qualification as described in Article 4.03 (a4.03(a) above. In a lay-off situation, Uncertified Unregistered Journeypersons shall be laid off before Certified Journeypersons provided the Certified Journeyperson(s) can perform the work required by the Employer. An Uncertified Unregistered Journeyperson who was previously “grandfathered” to the status of a Certified Journeyperson shall be considered a Certified Journeyperson for the purposes of this Agreement. Rates for Uncertified Unregistered Journeypersons who were members of the Union prior to May 1, 2004 will be twenty (20%) per cent per hour less than the Certified Journeyperson’s rate. All Uncertified Unregistered Journeypersons who were not members of the Union as of that date will be paid twenty-five (25%) per cent per hour less than Certified Journeypersons. 4.05 An Uncertified Journeyperson is an employee who does not hold a Certificate of Qualification as described in Article 4.03(a) above, in a lay-off situation, Uncertified Journeypersons shall be laid off before Certified Journeypersons provided the Certified Journeyperson(s) can perform the work required by the Employer. An Unregistered Journeyperson who was previously “grandfathered” to the status of a Certified Journeyperson shall be considered a Certified Journeyperson for the purposes of this Agreement, Rates for Unregistered Journeypersons who were members of the Union prior to May 1, 2004 will be twenty (20%) per cent per hour less than the Certified Journeyperson’s rate. All Unregistered Journeypersons who were not members of the Union as of that date will be paid twenty-five (25%) per cent per hour less than Certified Journeypersons. 4.06 An Apprentice is an employee in training who has been registered with the Ministry of Training, Colleges and Universities, Apprenticeship Branch through the Union and is also a member of the College of Trades. 4.07 An Apprentice Helper is an employee who is not a registered Apprentice with the Ministry of Training, Colleges and Universities. It is agreed between the Employer and the Union that an Employer may hire an Apprentice Helper once the Employer has met the ratio of journeypersons and registered apprentices in the company. An Apprentice Helper will receive a minimum rate of pay of eleven ($11.00) dollars per hour or minimum wage (whichever is greater) with all other benefits as per the Employment Standards Act of Ontario. The Employer shall remit the amounts to the Finishing Trades Trust Fund as per Article 20 Finishing Trades Trust Fund herein for the purpose of health and safety training. The Employer will deduct from the first pay period of each month union dues in the amount prescribed by the Local Union and forward same as per Article 21