Common use of RECOGNITION EXCLUSIONS Clause in Contracts

RECOGNITION EXCLUSIONS. a) The Company recognizes the Union as the exclusive bargaining agent for the purpose of collective bargaining in respect to wages, hours of work and working conditions on behalf of all employees of the Company at its operations in the Townships of Zorra and Southwest Oxford save and except foremen, persons above the rank of foremen, office staff and non-bargaining unit stores and laboratory staff. b) The Union recognizes that there are working staff employees in the Stores and Laboratory Departments in addition to bargaining unit members. However, the Company will not displace or replace bargaining unit members with staff employees in these departments. The Company and the Union agree that, if the incumbent staff Storekeeper permanently leaves the position for any reason, his present bargaining unit function will not continue to be performed by a staff person and that supervisory personnel may continue to supplement bargaining unit stores personnel during peak periods or on off-shifts when a full time bargaining unit job is not justified. a) Under normal conditions, employees outside the scope of the bargaining unit to which this Agreement applies, shall not do work which is customarily performed by members of the bargaining unit. This shall not apply to staff employees who are engaged in: i) training employees ii) experimental work iii) work which is required due to emergency conditions beyond the control of the Company. b) Outside contractors will not perform bargaining unit work. The Company, however, does reserve the right to use outside contractors: i) on jobs that are capital in scope and beyond the availability of bargaining unit personnel ii) on jobs that require excess manpower for a short period of time (However, the Company agrees that they shall not use contractors if it is possible to utilize laid off employees.) iii) on jobs that involve detailed mechanical or electrical repairs of major importance requiring warranties iv) on jobs of an emergency nature where qualified bargaining unit employees are not available. v) on caprock removal as shared work, exclusive of drilling/blasting. (However, the Company agrees that they shall not use contractors if bargaining unit employees are on lay-off). The Company will discuss with the Union the intent to use contractors per the above, unless an emergency situation exists precluding that.

RECOGNITION EXCLUSIONS. a) The Company recognizes the Union as the exclusive ex- clusive bargaining agent for the purpose of collective bargaining in respect to wages, hours of work and working conditions on behalf of all employees on the payroll of the Company at its operations in the Townships of Zorra Town- ships and Southwest Oxford save and except foremen, persons above the rank of foremen, office staff and non-bargaining unit stores and laboratory staff. b) . The Union recognizes that there are working staff employees in the Stores and Laboratory Departments in addition to bargaining unit members. However, the Company will not displace or replace bargaining unit members with staff employees in these departments. The Company and the Union agree that, if the incumbent staff Storekeeper permanently leaves the position for any reason, his present bargaining unit function will not continue to be performed by a staff person and that supervisory personnel may continue to supplement bargaining unit stores personnel during peak periods or on off-shifts when a full time bargaining unit job is not justified. a) . Under normal conditions, employees outside the scope of the bargaining unit to which this Agreement applies, shall not do work which is customarily performed per- formed by members of the bargaining unit. This shall not apply to staff employees who are engaged in: i) : training employees ii) employees experimental work iii) work work which is required due to emergency conditions beyond the control of the Company. b) . Outside contractors will not perform bargaining unit work. The Company, however, does reserve the right to use outside contractors: i) : on jobs that are capital in scope and beyond the availability of bargaining unit personnel ii) personnel on jobs that require excess manpower for a short period of time (However, the Company agrees that they shall not use contractors if it is possible to utilize laid off employees.) iii) on jobs that involve detailed mechanical or electrical elec- trical repairs of major importance requiring warranties iv) . on jobs of an emergency nature where qualified bargaining unit employees are not available. v) on caprock removal as shared work. There shall be no discrimination, exclusive of drilling/blasting. (Howeverinterference, restraint or coercion by the Company, the Company Union, or any of their respective agents against any employee because of membership in or legitimate activity on behalf of the Union or because of race, colour, gender or religious creed. The Union further agrees that they there shall not use contractors if bargaining unit employees are be no Union activity on lay-off)Company property at any time unless such activity is specifically permitted else- where in this Agreement or the Company grants permission therefore in writing. The Company will discuss with provide enough copies of the Collective Agreement to the Union for the intent distribution to use contractors per it’s members and will also supply enough copies for the distribution to new members. The Company agrees to provide up to a maximum of one (1) hour for the presentation of the Union’s New Member Orientation Program during the Plant New Employee Indoctrination. The word “employee” or “employees” wherever hereinafter used in this Agreement shall mean any and all the employees as the case may be in the bargaining unit as defined in Section above, unless an emergency situation exists precluding thatthe context otherwise provides.

RECOGNITION EXCLUSIONS. a) The Company recognizes the Union as the exclusive bargaining agent for the purpose of collective bargaining in respect to wages, hours of work and working conditions on behalf of all employees of the Company at its operations in the Townships of Zorra and Southwest Oxford save and except foremen, persons above the rank of foremen, office staff and non-bargaining unit stores and laboratory staff. b) The Union recognizes that there are working staff employees in the Stores and Laboratory Departments in addition to bargaining unit members. However, the Company will not displace or replace bargaining unit members with staff employees in these departments. The Company and the Union agree that, if the incumbent staff Storekeeper permanently leaves the position for any reason, his present bargaining unit function will not continue to be performed by a staff person and that supervisory personnel may continue to supplement bargaining unit stores personnel during peak periods or on off-shifts when a full time bargaining unit job is not justified. a) Under normal conditions, employees outside the scope of the bargaining unit to which this Agreement applies, shall not do work which is customarily performed by members of the bargaining unit. This shall not apply to staff employees who are engaged in: i) training employees ii) experimental work iii) work which is required due to emergency conditions beyond the control of the Company. b) Outside contractors will not perform bargaining unit work. The Company, however, does reserve the right to use outside contractors: i) on jobs that are capital in scope and beyond the availability of bargaining unit personnel ii) on jobs that require excess manpower for a short period of time (However, the Company agrees that they shall not use contractors if it is possible to utilize laid off employees.) iii) on jobs that involve detailed mechanical or electrical repairs of major importance requiring warranties iv) on jobs of an emergency nature where qualified bargaining unit employees are not available. v) on caprock removal as shared work, exclusive of drilling/blasting. (However, the Company agrees that they shall not use contractors if bargaining unit employees are on lay-off). The Company will discuss with the Union the intent to use contractors per the above, unless an emergency situation exists precluding that.

RECOGNITION EXCLUSIONS. a) The Company recognizes the Union as the exclusive bargaining agent for the purpose of collective bargaining in respect to wages, hours of work and working conditions on behalf of all employees of the Company at its operations in the Townships of Zorra and Southwest Oxford save and except foremen, persons above the rank of foremen, office staff and non-bargaining unit stores and laboratory staff. b) The Union recognizes that there are working staff employees in the Stores and Laboratory Departments in addition to bargaining unit members. However, the Company will not displace or replace bargaining unit members with staff employees in these departments. The Company and the Union agree that, if the incumbent staff Storekeeper permanently leaves the position for any reason, his present bargaining unit function will not continue to be performed by a staff person and that supervisory personnel may continue to supplement bargaining unit stores personnel during peak periods or on off-shifts when a full time bargaining unit job is not justified. a) Under normal conditions, employees outside the scope of the bargaining unit to which this Agreement applies, shall not do work which is customarily performed by members of the bargaining unit. This shall not apply to staff employees who are engaged in: i) training employees ii) experimental work iii) work which is required due to emergency conditions beyond the control of the Company. b) Outside contractors will not perform bargaining unit work. The Company, however, does reserve the right to use outside contractors: i) on jobs that are capital in scope and beyond the availability of bargaining unit personnel, ii) on jobs that require excess manpower or equipment for a short period of time (However, the Company agrees that they shall not use contractors if it is possible to utilize laid off employees, and the duration of the job will be longer than one (1) week.), iii) on jobs that involve detailed mechanical or electrical repairs of major importance requiring warrantiesimportance, iv) on jobs of an emergency nature where qualified bargaining unit employees are not available., v) for the purpose of transporting lime feed to the hydrator, vi) for the purpose of drilling and blasting, vii) on caprock removal as shared work, exclusive . A portion of drilling/blastingthis material will be used by selected contractors for 3rd party sales uncrushed. This material is typically referred to as armour stone and may require size preparation (Howeverdimensioning) prior to sale. With the exception or armour stone, the Company agrees that they shall not use contractors for the caprock removal if bargaining unit employees are on lay-off). The Company will discuss with the Union the intent to use contractors per the above, unless an emergency situation exists precluding that.