Common use of LOCAL SCHEDULE EXEMPTION OR AMENDMENT Clause in Contracts

LOCAL SCHEDULE EXEMPTION OR AMENDMENT. 20.01 Where a particular clause, article or provision contained within this Collective Agreement works a hardship on a specific geographic area within the jurisdiction of a Local Union, the Local Union and the Local Employer’s Group may reach a Memorandum of Local Exemption or Amendment, in writing, to exempt or amend the particular clause, article or provision of the Local Union Schedule and/or Trade Appendix for the geographic area within the jurisdiction of the Local Union specified in the Memorandum of Local Exemption or Amendment and such Local Agreement shall be ratified by the Employer and Employee Bargaining Agencies. Where the Local Union and the Local Employers Association agree on a procedure to amend the terms of the Local Schedule and/or Trade Appendix, as it applies to their local area, then that procedure shall be ratified by the Employer and Employee Bargaining Agencies and Articles 20.03 to 20.07 hereunder shall not be applicable to requests for amendment(s) to the Local Schedule and/or Trade Appendix applicable to their local area. It is the responsibility of the Employer to ascertain whether or not an amending agreement is in place for any particular project of geographic area. Where a matter referred to under this Article is not resolved between the parties within seven (7) calendar days, the matter may be referred to the Provincial Joint Conference Board (the “PJCB”) by either party in accordance with Article 20.02 hereunder. Master Portion - Provincial ICI 51 20.02 Where no agreement is reached between the parties in accordance with Article 20.01, either party may refer the matter to the PJCB. The PJCB shall be made up of six (6) representatives, with three

LOCAL SCHEDULE EXEMPTION OR AMENDMENT. 20.01 Where a particular clause, article or provision contained within this Collective Agreement works a hardship on a specific geographic area within the jurisdiction of a Local Union, the Local Union and the Local Employer’s Group may reach a Memorandum of Local Exemption or Amendment, in writing, to exempt or amend the particular clause, article or provision of the Local Union Schedule and/or Trade Appendix for the geographic area within the jurisdiction of the Local Union specified in the Memorandum of Local Exemption or Amendment and such Local Agreement shall be ratified by the Employer and Employee Bargaining Agencies. Where the Local Union and the Local Employers Association agree on a procedure to amend the terms of the Local Schedule and/or Trade Appendix, as it applies to their local area, then that procedure shall be ratified by the Employer and Employee Bargaining Agencies and Articles 20.03 to 20.07 hereunder shall not be applicable to requests for amendment(s) to the Local Schedule and/or Trade Appendix applicable to their local area. It is the responsibility of the Employer to ascertain whether or not an amending agreement is in place for any particular project of geographic area. Where a matter referred to under this Article is not resolved between the parties within seven (7) calendar days, the matter may be referred to the Provincial Joint Conference Board (“the “PJCB”) by either party in accordance with Article 20.02 hereunder. Master Portion - Provincial ICI 51. 20.02 Where no agreement is reached between the parties in accordance with Article 20.01, either party may refer the matter mater to the PJCB. The PJCB shall be made up of six (6) representatives, with threethree (3) appointed by the Employee Bargaining Agency and three (3) appointed by the Employer Bargaining Agency. Appointments to the PJCB shall be made with regard to the matter in dispute and will not include representatives of the Local Union, Employer Association or Trade Association party to the dispute. The PJCB shall meet with the parties and attempt to resolve the matter(s) in dispute. The PJCB will have no power to make final and binding determination of the matter(s) in dispute, except where the parties to the dispute mutually agree to authorize the PJCB to make a final and binding determination. Where the PJCB is authorized to make a final and binding determination, the PJCB shall render such a decision based only on unanimous agreement of all members of the PJCB or in the absence of a recorded dissent by a member of the PJCB. Where the matter(s) in dis- pute is not resolved within seven (7) calendar days, it may be referred in accordance with Article 20.03 hereunder. 20.03 The Employer Bargaining Agency may refer any matter not resolved under the terms of Articles 20.01 or 20.02 to final and binding determinations by an Arbitrator chosen from the appended list of persons who shall be retained by the par- ties for the duration of the Collective Agreement. i. The Employer Bargaining Agency may propose amendments, which would apply to any of the following: a. The kind of work performed, which could be all work performed in the industrial, commercial and institutional sector or a specified kind of that work. b. The market in which it is performed, which could be work performed for all of the industrial, commercial and institutional sector or a specified market in it. c. The location of the work, which could be work performed in all of the affiliated bargaining agent’s geographic jurisdiction or a specified portion of it. d. Amendments with regard to a specific job or project. ii. The Application may seek only amendments that concern the following matters: a. Wages, including overtime and shift differentials. b. Restrictions on the hiring of employees who are members of another affiliated bargaining agent that is in the same Employee Bargaining Agency as that in which the affiliated bargaining agent is a member but who are not members of the affiliated bargaining agent. c. Restrictions on an Employer’s ability to select employees who are mem- bers of the affiliated bargaining agent. d. Accommodation and travel allowances. e. Hours of work and work schedules. The Employer Bargaining Agency agrees that it will not refer frivolous or minor claims under this Article. 20.04 The person selected to arbitrate any matter pursuant to Article 20.05 below shall, at the request of either party, mediate those matters, but in no case shall the time periods in Article 20.05

LOCAL SCHEDULE EXEMPTION OR AMENDMENT. 20.01 28.01 Where a particular clauseclause(s), article article(s) or provision provi- sion(s) contained within this Collective Agreement works a hardship on in a specific geographic area within the jurisdiction of a Local Union, the Local Union and the Local Employer’s Group Employer Association and/or Local Trade Association may reach a Memorandum of Local Exemption or Amendment, in writing, to exempt or amend the particular clause, article or provision of the Local Union Schedule and/or Trade Appendix for the geographic geo- graphic area within the jurisdiction of the Local Union specified speci- fied in the Memorandum of Local Exemption or Amendment and such Local Agreement shall be ratified by the Employer and Employee Bargaining Agencies. Where the Local Union and the Local Employers Association and/or Local Trade Association agree on a procedure proce- dure to amend the terms of the Local Schedule and/or Trade Appendix, as it applies to their local area, then that procedure shall be ratified by the Employer and Employee Bargaining Agencies and Articles 20.03 to 20.07 the procedure hereunder shall not be applicable to requests for amendment(s) to the Local Schedule and/or Trade Appendix applicable to their local area. It is the responsibility of the Employer to ascertain whether or not an amending agreement is in place for any particular project of geographic area. Where a matter referred to under this Article is not resolved between the parties within seven (7) calendar days, the matter may be referred to the Provincial Joint Conference Board (the “PJCB”) by either party in accordance accor- dance with Article 20.02 paragraph B hereunder. Master Portion - Provincial ICI 51. 20.02 28.02 Where no agreement is reached between the parties par- ties in accordance with Article 20.01paragraph A, either party may refer the matter to the PJCB. The the PJCB shall be made up of six (6) an equal number of representatives, as appointed by the Employee Bargaining Agency and by the Employer Bargaining Agency. Appointments to the PJCB shall be made with threeregard to the matter in dispute and will not include rep- resentatives of the Local Union, the Local Employer Association or the Local Trade Association directly affected by the dispute. The PJCB shall meet with the parties and attempt to resolve the matter(s) in dispute. The PJCB will have no power to make final and binding determination of the mat- ter(s) in dispute, except where the parties to the dispute mutu- ally agree to authorize the PJCB to make a final and binding determination. Where the PJCB is authorized to make a final and binding determination, the PJCB shall render such a decision based only on unanimous agreement of all repre- sentatives of the PJCB or in the absence of a recorded dis- sent by a representative of the PJCB. Where the matter(s) is dispute is not resolved within by seven (7) calendar days, it may be referred in accordance with paragraph C hereunder. 28.03 The Local Employer Association and/or Local Trade Association and Employer Bargaining Agency May refer any matter not resolved under the terms of paragraph A or B to final and binding determinations by an Arbitrator selected from a list of persons to be agreed to by the parties, who is available to deal with the dispute within the time limits set out herein. (i) The Local Employer Association, Local Trade Association or the Employer Bargaining Agency may propose amendments, which would apply to any of the following: (a) The kind of work performed, which could be all work performed in the industrial, commercial and institutional sector or a specified kind of that work. (b) The market in which it is performed, which could be work performed for all of the industri- al, commercial and institutional sector or a specified market in it. (c) The location of the work, which could be work performed in all of the affiliated bargaining agentʼs geographic jurisdiction or a specified portion of it. (d) Amendments with respect to a specific job or project. (ii) The Application may seek only amendments that concern the following matters: (a) Wages, including overtime and shift differen- tials. (b) Accommodation and travel allowances. (c) Hours of work and work schedules. The Local Employer Association and/or Local Trade Association and the Employer Bargaining Agency agree that they will not refer frivolous or minor claims under this Article. 28.04 The person selected to arbitrate any matter pur- suant to paragraph E below shall, at the request of either party, meet with the parties and may attempt to mediate the matters in dispute, but in no case shall the time periods in paragraph E be exceeded. 28.05 The Local Employer Association and/or Local Trade Association and the Employer Bargaining Agency shall submit its final position with regard to amendments to the Collective Agreement, to the Arbitrator, with a copy to the Local Union and the Employee Bargaining Agency at the same as its referral to the arbitrator. The Local or the Employee Bargaining Agency shall submit its final Proposal for Amendment (if any) to the Collective Agreement to the Arbitrator, and to the applying party within ten (10) days of the referral. The Arbitrator shall, at his of her sole discretion, hold hearings or request further clarification from either party, or if satisfied that the terms of the Collective Agreement place the Employer(s) at a competitive disadvantage with respect to the matters referred to in paragraph C(i) hereof, the Arbitrator shall choose the Proposal for Amendment to the Collective Agreement, which removes the competitive disadvan- tage. Such selection shall be made within fourteen (14) calendar days of the date of the referral by the Local Employer Association and/or Local Trade Association and Employer Bargaining Agency and shall amend the Collective Agreement as proposed. The Arbitrator shall not provide reasons for his or her selection. The Arbitrator shall select the final proposal which most achieves the objective of removing the com- petitive disadvantage under paragraph A and with the least changes of the terms of the Collective Agreement. 28.06 No amendment(s) pursuant to this Article will have application of precedential effect, following the expiry date of this Collective Agreement.

LOCAL SCHEDULE EXEMPTION OR AMENDMENT. 20.01 28.01 Where a particular clauseclause(s), article article(s) or provision provi- sion(s) contained within this Collective Agreement works a hardship on in a specific geographic area within the jurisdiction jurisdic- tion of a Local Union, the Local Union and the Local Employer’s Group Employer Association and/or Local Trade Association may reach a Memorandum of Local Exemption or Amendment, in writingwrit- ing, to exempt or amend the particular clause, article or provision pro- vision of the Local Union Schedule and/or Trade Appendix for the geographic area within the jurisdiction of the Local Union specified in the Memorandum of Local Exemption or Amendment and such Local Agreement shall be ratified by the Employer and Employee Bargaining Agencies. Where the Local Union and the Local Employers Association and/or Local Trade Association agree on a procedure proce- dure to amend the terms of the Local Schedule and/or Trade Appendix, as it applies to their local area, then that procedure shall be ratified by the Employer and Employee Bargaining Agencies and Articles 20.03 to 20.07 the procedure hereunder shall not be applicable applica- ble to requests for amendment(s) to the Local Schedule and/or Trade Appendix applicable to their local area. It is the responsibility of the Employer to ascertain whether or not an amending agreement is in place for any particular project of geographic area. Where a matter referred to under this Article is not resolved between the parties within seven (7) calendar days, the matter may be referred to the Provincial Joint Conference Board (the “PJCB”) by either party in accordance accor- dance with Article 20.02 paragraph B hereunder. Master Portion - Provincial ICI 51. 20.02 28.02 Where no agreement is reached between the parties par- ties in accordance with Article 20.01paragraph A, either party may refer the matter to the PJCB. The the PJCB shall be made up of six (6) an equal number of representatives, as appointed by the Employee Bargaining Agency and by the Employer Bargaining Agency. Appointments to the PJCB shall be made with threeregard to the matter in dispute and will not include representatives of the Local Union, the Local Employer Association or the Local Trade Association directly affected by the dispute. The PJCB shall meet with the parties and attempt to resolve the matter(s) in dispute. The PJCB will have no power to make final and binding determination of the mat- ter(s) in dispute, except where the parties to the dispute mutu- ally agree to authorize the PJCB to make a final and binding determination. Where the PJCB is authorized to make a final and binding determination, the PJCB shall render such a deci- sion based only on unanimous agreement of all representa- tives of the PJCB or in the absence of a recorded dissent by a representative of the PJCB. Where the matter(s) is dispute is not resolved within by seven (7) calendar days, it may be referred in accordance with paragraph C hereunder. 28.03 The Local Employer Association and/or Local Trade Association and Employer Bargaining Agency May refer any matter not resolved under the terms of paragraph A or B to final and binding determinations by an Arbitrator selected from a list of persons to be agreed to by the parties, who is available to deal with the dispute within the time limits set out herein. (i) The Local Employer Association, Local Trade Association or the Employer Bargaining Agency may propose amendments, which would apply to any of the following: (a) The kind of work performed, which could be all work performed in the industrial, commercial and institutional sector or a specified kind of that work. (b) The market in which it is performed, which could be work performed for all of the industri- al, commercial and institutional sector or a specified market in it. (c) The location of the work, which could be work performed in all of the affiliated bargaining agent’s geographic jurisdiction or a specified portion of it. (d) Amendments with respect to a specific job or project. (ii) The Application may seek only amendments that concern the following matters: (a) Wages, including overtime and shift differentials. (b) Accommodation and travel allowances. (c) Hours of work and work schedules. The Local Employer Association and/or Local Trade Association and the Employer Bargaining Agency agree that they will not refer frivolous or minor claims under this Article. 28.04 The person selected to arbitrate any matter pur- suant to paragraph E below shall, at the request of either party, meet with the parties and may attempt to mediate the matters in dispute, but in no case shall the time periods in paragraph E be exceeded. 28.05 The Local Employer Association and/or Local Trade Association and the Employer Bargaining Agency shall submit its final position with regard to amendments to the Collective Agreement, to the Arbitrator, with a copy to the Local Union and the Employee Bargaining Agency at the same as its referral to the arbitrator. The Local or the Employee Bargaining Agency shall submit its final Proposal for Amendment (if any) to the Collective Agreement to the Arbitrator, and to the applying party within ten (10) days of the referral. The Arbitrator shall, at his of her sole discretion, hold hearings or request further clarification from either party, or if satisfied that the terms of the Collective Agreement place the Employer(s) at a competitive disadvantage with respect to the matters referred to in paragraph C(i) hereof, the Arbitrator shall choose the Proposal for Amendment to the Collective Agreement, which removes the competitive disadvan- tage. Such selection shall be made within fourteen (14) calendar days of the date of the referral by the Local Employer Association and/or Local Trade Association and Employer Bargaining Agency and shall amend the Collective Agreement as proposed. The Arbitrator shall not provide reasons for his or her selection. The Arbitrator shall select the final proposal which most achieves the objective of removing the com- petitive disadvantage under paragraph A and with the least changes of the terms of the Collective Agreement. 28.06 No amendment(s) pursuant to this Article will have application of precedential effect, following the expiry date of this Collective Agreement.

LOCAL SCHEDULE EXEMPTION OR AMENDMENT. 20.01 28.01 Where a particular clauseclause(s), article article(s) or provision provi- sion(s) contained within this Collective Agreement works a hardship on in a specific geographic area within the jurisdiction of a Local Union, the Local Union and the Local Employer’s Group Employer Association and/or Local Trade Association may reach a Memorandum of Local Exemption or Amendment, in writing, to exempt or amend the particular clause, article or provision of the Local Union Schedule and/or Trade Appendix for the geographic geo- graphic area within the jurisdiction of the Local Union specified speci- fied in the Memorandum of Local Exemption or Amendment and such Local Agreement shall be ratified by the Employer and Employee Bargaining Agencies. Where the Local Union and the Local Employers Association and/or Local Trade Association agree on a procedure proce- dure to amend the terms of the Local Schedule and/or Trade Appendix, as it applies to their local area, then that procedure shall be ratified by the Employer and Employee Bargaining Agencies and Articles 20.03 to 20.07 the procedure hereunder shall not be applicable to requests for amendment(s) to the Local Schedule and/or Trade Appendix applicable to their local area. It is the responsibility of the Employer to ascertain whether or not an amending agreement is in place for any particular project of geographic area. Where a matter referred to under this Article is not resolved between the parties within seven (7) calendar days, the matter may be referred to the Provincial Joint Conference Board (the “PJCB”) by either party in accordance accor- dance with Article 20.02 paragraph B hereunder. Master Portion - Provincial ICI 51. 20.02 28.02 Where no agreement is reached between the parties par- ties in accordance with Article 20.01paragraph A, either party may refer the matter to the PJCB. The the PJCB shall be made up of six (6) an equal number of representatives, as appointed by the Employee Bargaining Agency and by the Employer Bargaining Agency. Appointments to the PJCB shall be made with threeregard to the matter in dispute and will not include rep- resentatives of the Local Union, the Local Employer Association or the Local Trade Association directly affected by the dispute. The PJCB shall meet with the parties and attempt to resolve the matter(s) in dispute. The PJCB will have no power to make final and binding determination of the mat- ter(s) in dispute, except where the parties to the dispute mutu- ally agree to authorize the PJCB to make a final and binding determination. Where the PJCB is authorized to make a final and binding determination, the PJCB shall render such a decision based only on unanimous agreement of all repre- sentatives of the PJCB or in the absence of a recorded dis- sent by a representative of the PJCB. Where the matter(s) is dispute is not resolved within by seven (7) calendar days, it may be referred in accordance with paragraph C hereunder. 28.03 The Local Employer Association and/or Local Trade Association and Employer Bargaining Agency May refer any matter not resolved under the terms of paragraph A or B to final and binding determinations by an Arbitrator selected from a list of persons to be agreed to by the parties, who is available to deal with the dispute within the time limits set out herein. (i) The Local Employer Association, Local Trade Association or the Employer Bargaining Agency may propose amendments, which would apply to any of the following: (a) The kind of work performed, which could be all work performed in the industrial, commercial and institutional sector or a specified kind of that work. (b) The market in which it is performed, which could be work performed for all of the industri- al, commercial and institutional sector or a specified market in it. (c) The location of the work, which could be work performed in all of the affiliated bargaining agent’s geographic jurisdiction or a specified portion of it. (d) Amendments with respect to a specific job or project. (ii) The Application may seek only amendments that concern the following matters: (a) Wages, including overtime and shift differen- tials. (b) Accommodation and travel allowances. (c) Hours of work and work schedules. The Local Employer Association and/or Local Trade Association and the Employer Bargaining Agency agree that they will not refer frivolous or minor claims under this Article. 28.04 The person selected to arbitrate any matter pur- suant to paragraph E below shall, at the request of either party, meet with the parties and may attempt to mediate the matters in dispute, but in no case shall the time periods in paragraph E be exceeded. 28.05 The Local Employer Association and/or Local Trade Association and the Employer Bargaining Agency shall submit its final position with regard to amendments to the Collective Agreement, to the Arbitrator, with a copy to the Local Union and the Employee Bargaining Agency at the same as its referral to the arbitrator. The Local or the Employee Bargaining Agency shall submit its final Proposal for Amendment (if any) to the Collective Agreement to the Arbitrator, and to the applying party within ten (10) days of the referral. The Arbitrator shall, at his of her sole discretion, hold hearings or request further clarification from either party, or if satisfied that the terms of the Collective Agreement place the Employer(s) at a competitive disadvantage with respect to the matters referred to in paragraph C(i) hereof, the Arbitrator shall choose the Proposal for Amendment to the Collective Agreement, which removes the competitive disadvan- tage. Such selection shall be made within fourteen (14) calendar days of the date of the referral by the Local Employer Association and/or Local Trade Association and Employer Bargaining Agency and shall amend the Collective Agreement as proposed. The Arbitrator shall not provide reasons for his or her selection. The Arbitrator shall select the final proposal which most achieves the objective of removing the com- petitive disadvantage under paragraph A and with the least changes of the terms of the Collective Agreement. 28.06 No amendment(s) pursuant to this Article will have application of precedential effect, following the expiry date of this Collective Agreement. 28.07 Where the Local Employer Association and/or the Local Trade Association and the Employer Bargaining Agency has made a final proposal pursuant to paragraph E and such proposal has been rejected by an arbitrator, no proposal with regard to the same amendment(s) will be made within one (1) year of the rejection. 28.08 The Employer Bargaining Agency agrees to appose any request or application by any employer group or association to become a Designated Regional Employers Organization under Xxxx 69, other than the local Employer Associations and Local Trade Associations referred to in and covered by this Collective Agreement. 28.09 The terms and conditions of this Collective Agreement may be changed or amended by written agree- ment between the EBA And the Employee Bargaining Agency. It is understood and agreed by both parties to take reason- able steps to ensure the survival and growth of our market share. In the event that a local union or employer association unreasonably declines to participate in market recovery or retention, then the matter will be referred to the Employee Bargaining Agency and Employer Bargaining Agency.