Union Recognition and Rights 6
2.1 Bargaining Unit Defined 6 2.2 Bargaining Agent Recognition 7
UNION RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all employees for whom the Union has been certified.
MANAGEMENT RIGHTS AND RESPONSIBILITIES The Employer through its designated management personnel or agents has the right and responsibility, except as expressly modified by this Agreement, to control, change, and supervise all operations and to direct and assign work to all working forces. Such rights and responsibilities shall include by way of illustration but shall not be limited to: the selection and hiring, training, discipline and discharge, classification, reclassification, layoff, promotion and demotion or transfer of employees; the establishment of work schedules; the allocation of all financial and other resources; the control and regulation of the use of all equipment and other property of the Employer. The Employer shall determine the methods, technological means and qualifications of personnel by and for which operations are to be carried out. The Employer shall take whatever action as may be necessary to carry out its rights in any emergency situation. Application of this Article shall not preclude the use of the grievance procedure as established in this Agreement.
ARTICLE MANAGEMENT RIGHTS The Union recognizes that the management of and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to:
MANAGEMENT RIGHTS 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer:
(a) To determine and establish standards and procedures for the care, welfare, safety and comfort of the residents in the facility.
(b) To maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations.
(c) To hire, transfer, layoff, schedule, recall, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided.
(d) To have the right to plan, direct, and control the work and direction of employees and the operation of the facility. This includes the right to introduce new and improved methods, facilities, equipment and to control the amount of supervision necessary, work schedules, the combining or splitting up of departments, and the increases or reduction of personnel in a particular area or on the whole.
3.02 The Employer will exercise these rights in a manner consistent with the Collective Agreement and apply the provisions of the Collective Agreement in a reasonable manner.
UNION RECOGNITION AND SECURITY 3.1 The Employer recognizes the Union as the sole bargaining authority for all employees covered by this Agreement and coming within the jurisdiction of the Union. The Union recognizes that the Association is the sole bargaining authority for all subcontractors of the Employer covered by this Agreement and coming within the jurisdiction of the Union.
3.2 The Employer shall be the judge as to the competency of any employee, and shall have the right to discharge men for just cause. The Employer, if requested by the Union, shall provide a termination slip which shall state the reason for discharge or lay-off occurring prior to job completion and whether the employee is eligible for rehire.
3.3 All employees covered by this Agreement, as a condition of continued employment, shall, commencing on the eighth (8th) day following the beginning of such employment, or the effective date of this Agreement, whichever is later, acquire and maintain membership in the Union during the term of their employment.
3.4 Subject to the provisions of Art. 3.2 and Art. 5.8 hereof, the appointment of Journeymen to the capacities of Pipe, Welding, or Tie-in Foremen who shall be members of the Union, is the responsibility of the Employer. Such appointment shall not be interfered with by the Union.
3.5 The Employer recognizes the right of the Union to enforce its Constitution in that the Employer undertakes to provide all welding equipment and shall not employ any employee who provides any vehicle or equipment. No rental equipment shall be utilized to circumvent the intent of this provision.
3.6 The Employer shall require of his employees, as a condition of employment, that an automatic deduction be made from the employee's pay of a sum equal to the regular monthly Union dues.
3.7 As a condition of hiring and continuing employment each employee shall sign the proper authorization form which authorizes the Employer to deduct working dues, initiation fees, and assessments from the employee's pay. The Union will notify the Association in writing as to the amount of fees, dues and assessments to be deducted from the wages of employees from time to time.
3.8 All dues, fees and assessments so deducted shall be remitted to the Local Union not later than the twentieth (20th) of the month following, together with a list showing the amount deducted for each employee.
3.9 The Local Union's Business Manager shall, at the start of a job (i.e. rigging up for pipe operations) select one of its Journeymen members who shall be placed on the Employer's payroll and recognized as the Job Xxxxxxx; such appointment to be confirmed by letter to the Employer. If the Xxxxxxx selected by the Business Manager is objected to by the Employer for valid reason, the Business Manager shall select another Journeyman as Xxxxxxx to whom the Employer has no reasonable objection.
3.10 The Job Xxxxxxx shall perform his duties the same as any other Journeyman and shall not be discharged for Union activities. The Job Xxxxxxx shall be allowed a reasonable amount of time during the working hours to perform the work of the Union but shall not abuse the privilege. On Mainline Pipeline jobs the Job Xxxxxxx shall be the last Journeyman in his classification remaining on the job provided he is competent to perform the work to be completed. Where a main pipe gang and a poor boy pipe gang are used, an Assistant Xxxxxxx may be selected, where warranted, as agreed upon between the Employer and the Union at the Pre-job Conference or by subsequent arrangement. The Assistant Xxxxxxx shall report all matters of concern to the Job Xxxxxxx who will deal with any problem or grievance with the representative of the Employer. Where, on a loop line construction job, crews are working out of separate warehouses or marshalling points, the Union shall have the right to appoint an Assistant Xxxxxxx for and during the continuation of operations out of each separate warehouse or marshalling point. There shall be no non-working Job Xxxxxxx or Assistant Stewards. The Job Xxxxxxx shall be notified of any disciplinary warning given to any employee.
3.11 The Business representative of the Local Union shall have access to any job at any time, providing notice is given to the available Employer's representative on the jobsite.
3.12 In the event of an illegal work stoppage by employees covered by the terms and conditions of this Agreement, those employees not performing work during the work stoppage shall not receive any compensation whatsoever for days not worked.
3.13 It is recognized that traditionally all work combined with, associated with or comprising an integral part of pipeline construction as defined in Article 1 hereof, comes solely within the trade jurisdiction of four International Unions, commonly referred to as the "pipeline craft unions" and their Local Unions which are affiliated with Building and Construction Trades Councils, AFL-CIO. The recognition of this historical precedent is hereby re-affirmed.
3.14 The Employer agrees that, notwithstanding the provisions in any of the other three pipeline crafts’ agreements, appendices or understandings, the assignment of any work shall be made in accordance with local area practice and Provincial Labour Board decisions.
Recognition and Rights of Stewards The Employer recognizes the Union's right to select stewards to represent employees. The Employer and the Union will agree on the number of stewards, taking into account both operational and geographic considerations. The Union agrees to provide the Employer with a list of the employees designated as stewards. A xxxxxxx shall make every effort to perform the duties of a xxxxxxx outside of normal working hours. If this is not possible, a xxxxxxx, or her alternate, shall obtain the permission of her immediate supervisor before leaving her work to perform her duties as a xxxxxxx. Leave for this purpose shall be without loss of pay. Such permission shall not be unreasonably withheld. On resuming her normal duties, the xxxxxxx shall notify her supervisor. The duties of stewards shall include:
(a) investigation of complaints of an urgent nature;
(b) investigation of grievances and assisting any employee whom the xxxxxxx represents in presenting a grievance in accordance with the grievance procedure;
(c) supervision of ballot boxes and other related functions during ratification votes;
(d) carrying out duties within the realm of safety responsibilities, these being recognized as complaints of an urgent nature which require immediate attention;
(e) attending meetings called by the Employer.
ARTICLE I - RECOGNITION 11 This agreement is applicable for employees as defined in Certificate Number 4 granted by the Public 12 Employees Relations Commission on February 14, 1975, and issued to the Okaloosa County Education 13 Association:
Recognition of Stewards The Employer recognizes employees who are designated by the Union as stewards to act on behalf of the employees.
Management Negotiations (a) The Parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this Agreement or any related agreements by prompt negotiations between each Party’s Authorized Representative, or such other person designated in writing as a representative of the Party (each a “Manager”). Either Manager may request a meeting (in person or telephonically) to initiate negotiations to be held within ten (10) Business Days of the other Party’s receipt of such request, at a mutually agreed time and place. If the matter is not resolved within fifteen (15) Business Days of their first meeting (“Initial Negotiation End Date”), the Managers shall refer the matter to the designated senior officers of their respective companies (“Executive(s)”), who shall have authority to settle the dispute. Within five (5) Business Days of the Initial Negotiation End Date (“Referral Date”), each Party shall provide one another written Notice confirming the referral and identifying the name and title of the Executive who will represent the Party.
(b) Within five (5) Business Days of the Referral Date the Executives shall establish a mutually acceptable location and date, which date shall not be greater than thirty (30) calendar days from the Referral Date, to meet. After the initial meeting date, the Executives shall meet as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute.
(c) All communication and writing exchanged between the Parties in connection with these negotiations shall be confidential and shall not be used or referred to in any subsequent binding adjudicatory process between the Parties.
(d) If the matter is not resolved within forty-five (45) calendar days of the Referral Date, or if the Party receiving the written request to meet, pursuant to Subsection 18.2(b), refuses or does not meet within the thirty (30) calendar day period specified in Subsection 18.2(b), either Party may initiate mediation of the controversy or claim according to the terms of the following Section 18.3.
