Common use of PART GENERAL Clause in Contracts

PART GENERAL. The Company recognizes the Union as the only certified bargaining agent for all Unlicensed Personnel employed in the Deck, Engine room and Xxxxxxx'x Departments of vessels owned, operated, or directly or indirectly controlled by the Company provided that such vessels are operated within. the coastal an inland waters of B r i t i s h Columbia or on waters bordering on the Yukon and North West Territories, or if operated on a national or international basis that the port from which the vessel is dispatched is within the coastal waters of British Columbia. Where a vessel covered by this Agreement is chartered or leased, the terms of such charter lease shall provide that this Agreement shall unless a vessel chartered or leased to a Company which has an Agreement with another Union to man and operate vessels and such Agreement the provision that the other Union has jurisdiction over the work to be performed. Should the charterer or lessee fail or neglect to abide by the terms of the Unlicensed Personnel concerned for wages or other monetary which are not paid be the charterer or lessee. Where a vessel covered by this Agreement is sold to a company or to an individual, satisfactory proof of such be provided to the Union within seven days. For greater clarity, the company shall furnish the Union with a list of the vessels described above, and the parties recog- nize that the list may be altered from time to time. The term Unlicensed Personnel used in this Agreement does not include the Masters, Mates and Engineers sailing on these vessels. A Labour Management Committee shall be established consisting of members of the unions and representatives of the companies that jointly participated in the negotiation of the present agreement. The purpose of the Labour Management Committee shall be to discuss and make every effort to resolve matters of est to the parties, and the Committee may discuss grievances, noise abatement, crew accommodation and safety, which occur on specific vessels. Where the Committee cannot resolve matters then such grievances may be disposed of by either party under the "Grievance Procedure" contained in this agreement. Committee meetings shall be held no less than once every two months, on the third Monday of each second month. Each of the parties shall submit to the other an agenda of matters to be discussed at least fourteen days prior to the meeting day. The Company agrees that only tugs whose full crews are covered by a recognized Marine Union Agreement will be utilized to perform work except in those areas in which of other unions have been historically employed. It is understood that the only exception to this would be in the event of Union vessels being unavailable to do the job when required, including remote areas where Union vessels do not The Company and the Union agree that the provisions of the Canada Labour Code, Part pertaining to Successor Rights and Obligations shall apply to the present The Company agrees that Unlicensed Personnel to be hired shall be requested through the dispatch office of the Union. Where hours notice of personnel requirements is given be the Company, the Union will make every reasonable effort to refer applicants to the Company in advance of the day they are required to commence work. In cases where the Company rejects individuals that it does not consider satisfactory, it shall notify the Union immediately of the rejection and the individual shall be provided with written reason for such rejection, and the Union shall furnish replacements with sufficient promptness to avoid delay in sailing at the appointed time. Rejection shall not be arbitrary or without valid reason. Should the Union be unable to furnish employees that are capable, competent and satisfactory to the Company with sufficient promptness to avoid delay in sailing at the appointed time, the Company may secure replacements from other sources on a temporary basis subject to Article and the Company shall make every reasonable effort to so notify the Union within hours. The Union reserves the right to replace "replacements" once the temporary requirement has been met.

PART GENERAL. The Company recognizes the Union Guild as the only certified sole bargaining agent for all Unlicensed Personnel Masters, Mates and Engineers employed in the Deck, Engine room and Xxxxxxx'x Departments of on vessels owned, operated, operated or directly or indirectly controlled by the Company Company, provided that such vessels are operated within. within the coastal an and inland waters of B r i t i s h British Columbia or on in waters bordering on the Yukon and North West Northwest Territories, or if operated on a national or international basis basis, that the port from which the vessel is dispatched is within the coastal those waters of British Columbia, Yukon and the Northwest Territories. The Company agrees that only tugs covered by a Guild Agreement will be employed to perform work except in those designated areas in which other Unions have historically manned tugs. It is understood that the only exceptions to this would be in the event of Guild tugs not being available when required to do the job and US Flag Tugs. The Company agrees to inform the Guild monthly of any exceptions. Canadian Merchant Service Guild Ocean Marine Towing Services Where a vessel covered by and listed in this Agreement is chartered or leased, the terms of such charter or lease shall provide that this Agreement shall apply unless a vessel is chartered or leased to a Company which has an Agreement with another Union to man and operate vessels and such Agreement agreement contains the provision that the other Union has jurisdiction over the work to be performed. Should the charterer or lessee fail or neglect to abide by the terms of this Agreement, the Unlicensed Personnel Company, or lessor, shall be liable to the Guild members concerned for wages or other monetary benefits which are not paid be by the charterer or lessee. Where a vessel covered by this Agreement is sold to a company another Company or to an individual, satisfactory proof of such sale shall be provided to the Union within seven daysGuild at time of sale. For greater clarity, the company shall furnish the Union with a list of Parties agree that the vessels described above, above are as listed in Appendix and the parties recog- nize Parties recognize that the list may be altered from time to time. The term Unlicensed Personnel used in this Agreement does not include , pursuant to Article Additions to the Masters, Mates and Engineers sailing on these vessels. A Labour Management Committee company's fleet of existing vessels shall be established consisting of members of the unions and representatives of the companies that jointly participated in the negotiation of the present agreement. The purpose of the Labour Management Committee shall be to discuss and make every effort to resolve matters of est to the parties, and the Committee may discuss grievances, noise abatement, crew accommodation and safety, which occur on specific vessels. Where the Committee cannot resolve matters then such grievances may be disposed of by either party under the "Grievance Procedure" contained in this agreement. Committee meetings shall be held no less than once every two months, on the third Monday of each second month. Each of the parties shall submit to the other an agenda of matters to be discussed at least fourteen days prior to the meeting day. The Company agrees that only tugs whose full crews are covered by a recognized Marine Union the Agreement will be utilized to perform work except in those areas in which of other unions have been historically employed. It is understood that the only exception to this would be in the event of Union vessels being unavailable to do the job when required, including remote areas where Union vessels do not The Company and the Union agree that the provisions of the Canada Labour Code, Part pertaining to Successor Rights and Obligations shall apply to the present The Company agrees that Unlicensed Personnel to be hired shall be requested through the dispatch office of the Union. Where hours notice of personnel requirements is given be the Company, the Union will make every reasonable effort to refer applicants to the Company in advance of the day they are required to commence work. In cases where the Company rejects individuals that it does not consider satisfactory, it shall notify the Union immediately of the rejection and the individual shall be provided with written reason for such rejection, and the Union shall furnish replacements with sufficient promptness to avoid delay in sailing at the appointed time. Rejection shall not be arbitrary or without valid reason. Should the Union be unable to furnish employees that are capable, competent and satisfactory to the Company with sufficient promptness to avoid delay in sailing at the appointed time, the Company may secure replacements from other sources on a temporary basis subject to Article and the Company shall make every reasonable effort agrees to so notify the Union within hoursGuild as these occur. The Union reserves Guild will be allowed to display its insignia aboard the right vessels and it may be up to replace "replacements" once the temporary requirement has been met.twelve inches

PART GENERAL. The Company recognizes the Union Guild as the only certified sole bargaining agent for all Unlicensed Personnel Masters, Mates and Engineers employed in the Deck, Engine room and Xxxxxxx'x Departments of on vessels owned, operated, operated or directly or indirectly controlled by the Company Company, provided that such vessels are operated within. within the coastal an and inland waters of B r i t i s h British Columbia or on in waters bordering on the Yukon and North West Northwest Territories, or if operated on a national or international basis basis, that the port from which the vessel is dispatched is within the coastal those waters of British Columbia, Yukon and the Northwest Territories. The Company agrees that only tugs covered by a Guild Agreement will be employed to perform work except in those designated areas in which other Unions have historically manned tugs. It is understood that the only exceptions to this would be in the event of Guild tugs not being available when required to do the job and US Flag Tugs. The Company agrees to inform the Guild monthly of any exceptions. Canadian Merchant Service Guild and Marine Canada Inc. Where a vessel covered by and listed in this Agreement is chartered or leased, the terms of such charter or lease shall provide that this Agreement shall apply unless a vessel is chartered or leased to a Company which has an Agreement with another Union to man and operate vessels and such Agreement agreement contains the provision that the other Union has jurisdiction over the work to be performed. Should the charterer or lessee fail or neglect to abide by the terms of this Agreement, the Unlicensed Personnel Company, or lessor, shall be liable to the Guild members concerned for wages or other monetary benefits which are not paid be by the charterer or lessee. Where a vessel covered by this Agreement is sold to a company another Company or to an individual, satisfactory proof of such sale shall be provided to the Union within seven daysGuild at time of sale. For greater clarity, the company shall furnish the Union with a list of Parties agree that the vessels described above, above are as listed in Appendix and the parties recog- nize Parties recognize that the list may be altered from time to time, pursuant to Article Additions to the company's fleet of existing vessels shall be covered by the Agreement and the Company agrees to the Guild as these occur. The term Unlicensed Personnel used Guild will be allowed to display its insignia aboard the vessels and it may be up to twelve inches by nine inches (9") in size. The Company recognizes the Guild as a source of supply for all Officers covered by this Agreement does not include and may request same from the Masters, Mates and Engineers sailing on these vessels. A Labour Management Committee shall be established consisting of members Office of the unions and representatives of the companies that jointly participated in the negotiation of the present agreement. The purpose of the Labour Management Committee shall be to discuss and make every effort to resolve matters of est to the parties, and the Committee may discuss grievances, noise abatement, crew accommodation and safety, which occur on specific vessels. Where the Committee cannot resolve matters then such grievances may be disposed of by either party under the "Grievance Procedure" contained in this agreement. Committee meetings shall be held no less than once every two months, on the third Monday of each second month. Each of the parties shall submit to the other an agenda of matters to be discussed at least fourteen days prior to the meeting dayGuild. The Company agrees that to employ only tugs whose full crews are covered by a recognized Marine Union Agreement will be utilized to perform work except in those areas in which of other unions have been historically employed. It is understood that the only exception to this would be in the event of Union vessels being unavailable to do the job when required, including remote areas where Union vessels do not The Company and the Union agree that the provisions members of the Canada Labour Code, Part pertaining to Successor Rights and Obligations shall apply to the present The Company agrees that Unlicensed Personnel to be hired shall be requested through the dispatch office of the UnionGuild in good standing. Where hours notice of personnel requirements is given be the Company, the Union will make every reasonable effort to refer applicants to the Company in advance of the day they All new Officers are required to commence worksign an engagement letter regarding Guild membership status as set out in Appendix "E-1" of this Agreement. In cases where the Company rejects individuals that it does not consider satisfactory, it shall notify the Union immediately Copy of the rejection and the individual such engagement letter shall be provided with written reason for such rejection, and the Union shall furnish replacements with sufficient promptness to avoid delay in sailing at the appointed time. Rejection shall not be arbitrary or without valid reason. Should the Union be unable to furnish employees that are capable, competent and satisfactory forwarded to the Company with sufficient promptness to avoid delay in sailing at Guild upon signing. Effective the appointed timelast pay period of each month, the Company may secure replacements shall deduct from other sources on the wages due and payable each Officer coming within the scope of this Agreement, an amount equal to the uniform monthly membership fees, pension contributions as required, and any assessments of the Guild. The amount so deducted shall only be changed during the term of this Agreement to conform with changes in the amount of the regular fees of the Guild in accordancewith its Constitution and Bylaws. The Company will deduct initiation fees and remit same to the Guild upon receipt of proper authorization from the Officer concerned. All deductions required under this Article will be forwarded to the Western Branch of the Guild, attention of the Secretary Treasurer within thirty (30) days, together with a temporary basis subject list in duplicate showing the names of the Officers to Article whom said deductions are to be credited and the Company shall make every reasonable effort to so notify month for which the Union within hours. The Union reserves the right to replace "replacements" once the temporary requirement has been metdeductions are made.

PART GENERAL. The Company recognizes the Union Guild as the only certified sole bargaining agent for all Unlicensed Personnel Masters, Mates and Engineers employed in the Deck, Engine room and Xxxxxxx'x Departments of on vessels owned, operated, operated or directly or indirectly controlled by the Company Company, provided that such vessels are operated within. within the coastal an and inland waters of B r i t i s h British Columbia or on in waters bordering on the Yukon and North West Northwest Territories, or if operated on a national or international basis basis, that the port from which the vessel is dispatched is within the coastal those waters of British Columbia, Yukon and the Northwest Territories. The Company agrees that only tugs covered by a Guild Agreement will be employed to perform work except in those designated areas in which other Unions have historically manned tugs. It is understood that the only exceptions to this would be in the event of Guild tugs not being available when required to do the job and US Flag Tugs. The Company agrees to inform the Guild monthly of any exceptions. Where a vessel covered by and listed in this Agreement is chartered or leased, the terms of such charter or lease shall provide that this Agreement shall apply unless a vessel is chartered or leased to a Company which has an Agreement with another Union to man and operate vessels and such Agreement agreement contains the provision that the other Union has jurisdiction over the work to be performed. Should the charterer or lessee fail or neglect to abide by the terms of this Agreement, the Unlicensed Personnel Company, or lessor, shall be liable to the Guild members concerned for wages or other monetary benefits which are not paid be by the charterer or lessee. Where a vessel covered by this Agreement is sold to a company another Company or to an individual, satisfactory proof of such sale shall be provided to the Union within seven daysGuild at time of sale. For greater clarity, the company shall furnish the Union with a list of Parties agree that the vessels described above, above are as listed in Appendix and the parties recog- nize Parties recognize that the list may be altered from time to time, pursuant to Article (1).Additions to the company's fleet of existing vessels shall be covered by the Agreement and the Company agrees to notify the Guild as these occur. The term Unlicensed Personnel used Guild will be allowed to display its insignia aboard the vessels and it may be up to twelve inches (12") by nine inches (9") in size. The Company recognizes the Guild as a source of supply for all Officers covered by this Agreement does not include and may request same from the Masters, Mates and Engineers sailing on these vessels. A Labour Management Committee shall be established consisting of members Office of the unions and representatives of the companies that jointly participated in the negotiation of the present agreement. The purpose of the Labour Management Committee shall be to discuss and make every effort to resolve matters of est to the parties, and the Committee may discuss grievances, noise abatement, crew accommodation and safety, which occur on specific vessels. Where the Committee cannot resolve matters then such grievances may be disposed of by either party under the "Grievance Procedure" contained in this agreement. Committee meetings shall be held no less than once every two months, on the third Monday of each second month. Each of the parties shall submit to the other an agenda of matters to be discussed at least fourteen days prior to the meeting dayGuild. The Company agrees that to employ only tugs whose full crews are covered by a recognized Marine Union Agreement will be utilized to perform work except in those areas in which of other unions have been historically employed. It is understood that the only exception to this would be in the event of Union vessels being unavailable to do the job when required, including remote areas where Union vessels do not The Company and the Union agree that the provisions members of the Canada Labour Code, Part pertaining to Successor Rights and Obligations shall apply to the present The Company agrees that Unlicensed Personnel to be hired shall be requested through the dispatch office of the UnionGuild in good standing. Where hours notice of personnel requirements is given be the Company, the Union will make every reasonable effort to refer applicants to the Company in advance of the day they All new Officers are required to commence worksign an engagement letter regarding Guild membership status as set out in Appendix "E-1" of this Agreement. In cases where the Company rejects individuals that it does not consider satisfactory, it shall notify the Union immediately Copy of the rejection and the individual such engagement letter shall be provided with written reason for such rejection, and the Union shall furnish replacements with sufficient promptness to avoid delay in sailing at the appointed time. Rejection shall not be arbitrary or without valid reason. Should the Union be unable to furnish employees that are capable, competent and satisfactory forwarded to the Company with sufficient promptness to avoid delay in sailing at Guild upon signing. Effective the appointed timelast pay period of each month, the Company may secure replacements shall deduct from other sources on the wages due and payable each Officer coming within the scope of this Agreement, an amount equal to the uniform monthly membership fees, pension contributions as required, and any assessments of the Guild. The amount so deducted shall only be changed during the term of this Agreement to conform with changes in the amount of the regular fees of the Guild in accordance with its Constitution and Bylaws. The Company will deduct initiation fees and remit same to the Guild upon receipt of proper authorization from the Officer concerned. All deductions required under this Article will be forwarded to the Western Branch of the Guild, attention of the Secretary Treasurer within thirty (30) days, together with a temporary basis subject list in duplicate showing the names of the Officers to Article whom said deductions are to be credited and the Company shall make every reasonable effort to so notify month for which the Union within hours. The Union reserves the right to replace "replacements" once the temporary requirement has been metdeductions are made.