Common use of ROTATIONAL LEAVE (TURNAROUNDS Clause in Contracts

ROTATIONAL LEAVE (TURNAROUNDS. COMMERCIAL/INSTITUTIONAL (a) For COMMERCIAL and INSTITUTIONAL Work the allowance for the Turnaround Leave is to be negotiated between the Employer and the Union. (based on the Industrial format in Clause 29.07(a)(i)&(b)(i)), however in the event that no agreement is reached between the Employer and the Union a decision shall be made by the Registered Employers Organization, which decision shall be final and binding. 30.01 Where an Owner/Client or Prime Construction Manager expresses the intention of tendering or awarding work on a project on the open market (i.e. without regard to Union affiliation or its lack), and where in the opinion of the Employer, the award of the work is likely to be to an open-shop or merit shop entity because the conditions of this Agreement may not be competitive in the market then prevailing, the parties to this Agreement shall meet and bargain collectively in good faith in an honest attempt to arrive at terms and conditions for application to work on that project which will be fully competitive in the prevailing market. 30.02 All enabled conditions will be available to any signatory contractor bidding the work on which the enabled conditions apply. 30.03 Under 30.01 above, terms, conditions, and wages contained herein may be varied, altered, amended or modified by the mutual agreement of the parties. 30.04 Special Project Needs will be applied in accordance with the attached “Special Project Needs Agreements (‘SPNA’)” Letter of Understanding ARTICLE THIRTY-ONE - EMPLOYER ASSOCIATION FUNDS 31.01 (a) In satisfaction of the Employers’ obligations under Section 165 of the Labour Relations Code and in satisfaction of the Employers’ obligations under this Collective Agreement, the Employer shall pay to the Association the hourly dues levied by the Association pursuant to Section 165 of the Code. (b) In addition to the contributions stipulated above, the Employer shall contribute to the Association amounts set by the Association, and amended from time to time by notice to the Employer, for the Construction Employee and Family Assistance Program, the Rapid Site Access Program, the Audiometric Program, and for Workforce Development Initiatives such as Helmets to Hardhats Canada and Trade Winds To Success. These amounts may be applicable to specific work carried out under this Collective Agreement, as stipulated in the notices to the Employer.

ROTATIONAL LEAVE (TURNAROUNDS. COMMERCIAL/INSTITUTIONALCOMMERCIAL\INSTITUTIONAL (a) For COMMERCIAL and INSTITUTIONAL Work the allowance for the Turnaround Leave is to be negotiated between the Employer and the Unionunion. (based on the Industrial format in Clause clause 29.07(a)(i)&(b)(i)), however in the event that no agreement is reached between the Employer employer and the Union union a decision shall be made by the Registered Employers Organization, which decision shall be final and binding. 30.01 Where an Owner/Client or Prime Construction Manager expresses the intention of tendering or awarding work on a project on the open market (i.e. without regard to Union affiliation or its lack), and where in the opinion of the Employer, the award of the work is likely to be to an open-shop or merit shop entity because the conditions of this Agreement may not be competitive in the market then prevailing, the parties to this Agreement shall meet and bargain collectively in good faith in an honest attempt to arrive at terms and conditions for application to work on that project which will be fully competitive in the prevailing market. 30.02 All enabled conditions will be available to any signatory contractor bidding the work on which the enabled conditions apply. 30.03 (a) Under 30.01 above, . terms, conditions, conditions and wages contained herein may be varied, altered, amended or modified by the The mutual agreement of the parties. 30.04 Special Project Needs will (b) A menu of enabled terms and conditions that would be applied available to employers providing certain conditions are present at time of tender, shall be maintained in accordance with the attached “Special Project Needs Agreements (‘SPNA’)” Letter offices of Understanding each Local Union, each CLRa office, as well as each office of any employer who may require access to said menu. Each menu item shall be identified by a reference number. Any such menu item(s) granted must first be authorized in writing by the Business Manager of the respective Local Union or his designate. ARTICLE THIRTY-ONE - EMPLOYER ASSOCIATION FUNDS 31.01 The amounts specified in Clause 31.03 shall be contributed for all hours worked under the terms of this Collective Agreement, by each Employer working under the terms of this Collective Agreement. 31.02 These contributions shall be forwarded to the Office of the appropriate Association(s) prior to the fifteenth (15th) day of the calendar month following the period for which the contributions are being reported. 31.03 The Employer shall complete and forward, with the contributions, the reporting forms as required. (a) In satisfaction of Twelve cents (12¢) per hour worked shall be forwarded to Construction Labour Relations at 00000-000 Xxxxxx, Xxxxxxxx, Xxxxxxx X0X 0X0 to satisfy the Employers’ obligations under Employers obligation to the Construction Labour Relations, Mechanical (Provincial) Trade Division pursuant to Section 165 163 of the Labour Relations Code of Alberta and in satisfaction of the Employers’ obligations under this Collective Agreement, the Employer shall pay to the Association the hourly dues levied by the Association pursuant to Section 165 of the Codecollective agreement. (b) Three cents (03¢) per hour worked for all INDUSTRIAL hours and, ten cents (10¢) for all COMMERCIAL/INSTITUTIONAL hours worked shall be forwarded to the Mechanical Contractors Association of Alberta @ 0000-00xx Xxxxxx X.X. Xxxxxxx, Xxxxxxx X0X 0X0, to satisfy the Employers obligation to the Mechanical Contractors Association, pursuant to this Collective Agreement. (c) The Mechanical (Provincial) Trade Division of Construction Labour Relations may by notice in writing to each of the unions change the amount of cents per man hour in (a) and (b) above. (d) The funds received pursuant to (b) above shall be administered by the Provincial Board of Directors of the Mechanical Contractors Association. 31.04 All cost relating to the administration of the fund(s) shall be borne by each of the above associations. ARTICLE THIRTY-TWO - MARKET ENHANCEMENT RECOVERY FUND 32.01 The amounts specified in the wage schedules in article 8.00 designated as “MERF” shall be contributed by the Employer for every hour that an employee covered by The terms of this Agreement is employed, within either the Local 488 or 496 jurisdiction, as indicated in Clause 8.08 of this Agreement. Contributions will be made on the basis of full or half (1/2) hours. The amounts contributed shall be based on total hours earned including overtime. 32.02 All such contributions shall be recorded by the Employer on forms to be provided by the Union(s) listing the names of employees, social insurance numbers, and hourly contributions of each employee, and forwarded with a cheque in the required amount, on or before the 15th day of the month following the month for which such amounts have been withheld, to the “Market Enhancement Recovery Fund Trust Account” in care of Local Union 488, or Local Union 496, as appropriate. A copy of the said list to be retained by the Employer. 32.03 In the case of failure of the Employer to forward the contributions to the Fund on the due date, the Trustees in their joint names may take legal action against the Employer for the recovery of the amount due. 32.04 All amounts paid by the Employer to the Market Enhancement Recovery Fund shall be in addition to the contributions stipulated above, hourly wage rates established in this Agreement and in no case shall the Employer shall contribute deduct any such amounts from the employee's wages. 32.05 The liability of any Employer to the Association amounts Market Enhancement Recovery Fund shall be limited to his obligation to contribute and forward the amount stated in this Agreement at the times and in the manner stated, together with any penalties as set forth herein. 32.06 The terms of the Agreement and Declaration(s) of Trust shall govern the operation and administration of the MERF plan(s) and any changes made to the Declaration(s) of Trust by the AssociationTrustees, and amended from time must be ratified by the Parties to time by notice to the Employer, for the Construction Employee and Family Assistance Program, the Rapid Site Access Program, the Audiometric Program, and for Workforce Development Initiatives such as Helmets to Hardhats Canada and Trade Winds To Success. These amounts may be applicable to specific work carried out under this Collective Agreement, as stipulated in the notices . Any increase to the Employeramounts to be contributed as proposed by the Trustees must also be ratified by the Parties to this Collective Agreement. 32.07 There shall be a total of seven (7) Trustees appointed to administer each Fund. Three (3) shall be appointed by the Trade Division, and four (4) by the appropriate Local Union, one of whom shall be the Chairman. It shall be the exclusive right of the Construction Labour Relations - an Alberta Association Mechanical (Provincial) Trade Division to appoint the management trustees

ROTATIONAL LEAVE (TURNAROUNDS. COMMERCIAL/INSTITUTIONALCOMMERCIAL\INSTITUTIONAL (a) For COMMERCIAL and INSTITUTIONAL Work the allowance for the Turnaround Leave is to be negotiated between the Employer and the Unionunion. (based on the Industrial format in Clause clause 29.07(a)(i)&(b)(i)), however in the event that no agreement is reached between the Employer employer and the Union union a decision shall be made by the Registered Employers Organization, which decision shall be final and binding. 30.01 Where an Owner/Client or Prime Construction Manager expresses the intention of tendering or awarding work on a project on the open market (i.e. without regard to Union affiliation or its lack), and where in the opinion of the Employer, the award of the work is likely to be to an open-shop or merit shop entity because the conditions of this Agreement may not be competitive in the market then prevailing, the parties to this Agreement shall meet and bargain collectively in good faith in an honest attempt to arrive at terms and conditions for application to work on that project which will be fully competitive in the prevailing market.competitive 30.02 All enabled conditions will be available to any signatory contractor bidding the work on which the enabled conditions apply. 30.03 (a) Under 30.01 above, . terms, conditions, conditions and wages contained herein may be varied, altered, amended or modified by the mutual agreement of the parties. 30.04 Special Project Needs will (b) A menu of enabled terms and conditions that would be applied available to employers providing certain conditions are present at time of tender, shall be maintained in accordance with the attached “Special Project Needs Agreements (‘SPNA’)” Letter offices of Understanding each Local Union, each CLRa office, as well as each office of any employer who may require access to said menu. Each menu item shall be identified by a reference number. Any such menu item(s) granted must first be authorized in writing by the Business Manager of the respective Local Union or their designate. ARTICLE THIRTY-ONE - EMPLOYER ASSOCIATION FUNDS 31.01 The amounts specified in Clause 31.03 shall be contributed for all hours worked under the terms of this Collective Agreement, by each Employer working under the terms of this Collective Agreement. 31.02 These contributions shall be forwarded to the Office of the appropriate Association(s) prior to the fifteenth (15th) day of the calendar month following the period for which the contributions are being reported. 31.03 The Employer shall complete and forward, with the contributions, the reporting forms as required. (a) In satisfaction of Six cents (6¢) per hour worked shall be forwarded to Construction Labour Relations at 0000 – 00xx Xxxxxx, X.X. Calgary, Alberta T2E 7J2 to satisfy the Employers’ obligations under Employers obligation to the Construction Labour Relations, Mechanical (Provincial) Trade Division pursuant to Section 165 163 of the Labour Relations Code of Alberta and in satisfaction of the Employers’ obligations under this Collective Agreement, the Employer shall pay to the Association the hourly dues levied by the Association pursuant to Section 165 of the Codecollective agreement. (b) In addition to the contributions stipulated in (a) above, the Employer an amount to be determined but which is currently estimated to be three cents (3¢) per hour worked, shall contribute be forwarded to the Association amounts set Construction Labour Relations at 0000 – 00xx Xxxxxx X.X., Xxxxxxx, Xxxxxxx X0X 0X0. These contributions shall be used by the Association, and amended from time CLR-A to time by notice to the Employer, for the Construction provide an Employee and Family Assistance ProgramBenefit Plan (EFAP) for all bargaining unit employees employed under the terms of this Collective Agreement pursuant to the plan rules. (c) The Mechanical (Provincial) Trade Division of Construction Labour Relations may, by notice in writing to each of the unions, change the amount of cents per man hour in (a) and (b) above. 31.04 All cost relating to the administration of the fund(s) shall be borne by the above association. ARTICLE THIRTY-TWO - MARKET ENHANCEMENT RECOVERY FUND 32.01 The amounts specified in the wage schedules in article 8.00 designated as “MERF” shall be contributed by the Employer for every hour that an employee covered by the terms of this Agreement is employed, within either the Local 488 or 496 jurisdiction, as indicated in Clause 8.08 of this Agreement. Contributions will be made on the basis of full or half (1/2) hours. The amounts contributed shall be based on total hours earned including overtime. 32.02 All such contributions shall be recorded by the Employer on forms to be provided by the Union(s) listing the names of employees, social insurance numbers, and hourly contributions of each employee, and forwarded with a cheque in the required amount, on or before the 15th day of the month following the month for which such amounts have been withheld, to the “Market Enhancement Recovery Fund Trust Account” in care of Local Union 488, or Local Union 496, as appropriate. A copy of the said list to be retained by the Employer. 32.03 In the case of failure of the Employer to forward the contributions to the Fund on the due date, the Rapid Site Access ProgramTrustees in their joint names may take legal action against the Employer for the recovery of the amount due. 32.04 All amounts paid by the Employer to the Market Enhancement Recovery Fund shall be in addition to the hourly wage rates established in this Agreement and in no case shall the Employer deduct any such amounts from the employee's wages. 32.05 The liability of any Employer to the Market Enhancement Recovery Fund shall be limited to their obligation to contribute and forward the amount stated in this Agreement at the times and in the manner stated, together with any penalties as set forth herein. 32.06 The terms of the Audiometric ProgramAgreement and Declaration(s) of Trust shall govern the operation and administration of the MERF plan(s) and any changes made to the Declaration(s) of Trust by the Trustees, and for Workforce Development Initiatives such as Helmets must be ratified by the Parties to Hardhats Canada and Trade Winds To Success. These amounts may be applicable to specific work carried out under this Collective Agreement, as stipulated in the notices . Any increase to the Employeramounts to be contributed as proposed by the Trustees must also be ratified by the Parties to this Collective Agreement. 32.07 There shall be a total of seven (7) Trustees appointed to administer each Fund. Three (3) shall be appointed by the Trade Division, and four (4) by the appropriate Local Union, one of whom shall be the Chairman. It shall be the exclusive right of the Construction Labour Relations - an Alberta Association Mechanical (Provincial) Trade Division to appoint the management trustees to the fund, however other than the Labour Relations Representative for Construction Labour Relations - an Alberta Association Mechanical (Provincial) Trade Division, whose appointment is automatic the other two trustees may be selected from among management personnel from other employers whose collective agreements require that Funds be contributed to this Fund. 32.08 The establishment of the Supplementary Unemployment Benefit Plan has been agreed upon by the signatories to this Agreement pending full acceptance of its conditions as identified in Appendix “A” by Human Resources Development Canada (H.R.D.C.). This Plan is designed solely to reimburse eligible employees to a maximum of $413.00, or 95%, of insurable weekly earnings per week (whichever amount is the lessor) for each of the two (2) weeks “waiting period” of an eligible Employment Insurance claim. The S.U.B. Fund shall be financed exclusively by hourly Employer contributions currently provided under the Market Enhancement Recovery Fund at the rate of ten cents ($0.10) per hour earned. The operation of the ARTICLE THIRTY-THREE - DURATION 33.01 This Agreement comes into force on May 7, 2001, and shall remain in full force and effect until the 30th day of April, 2003. 33.02 Should either party desire changes to this Agreement they shall give notice of such desire to the other party not less than sixty (60) days or more than one hundred twenty (120) days prior to the 30th day of April, 2003, or any subsequent anniversary date. 33.03 When notice to negotiate has been given by either party, this Agreement shall continue in full force and effect during any period of negotiations until termination. This Agreement shall terminate upon the following event(s): (i) legal strike; or (ii) legal lockout; or (iii) the mutual agreement of the Parties. 33.04 If notice to negotiate is not given pursuant to this Article, then the Agreement shall remain in full force and effect yearly thereafter.

ROTATIONAL LEAVE (TURNAROUNDS. COMMERCIAL/INSTITUTIONALOMMERCIAL\INSTITUTIONAL (a) For COMMERCIAL and INSTITUTIONAL Work the allowance for the Turnaround Leave is to be negotiated between the Employer and the Union. (based on the Industrial format in Clause 29.07(a)(i)&(b)(i)), however in the event that no agreement is reached between the Employer and the Union a decision shall be made by the Registered Employers Organization, which decision shall be final and binding. 30.01 Where an Owner/Client or Prime Construction Manager expresses the intention of tendering or awarding work on a project on the open market (i.e. without regard to Union affiliation or its lack), and where in the opinion of the Employer, the award of the work is likely to be to an open-shop or merit shop entity because the conditions of this Agreement may not be competitive in the market then prevailing, the parties to this Agreement shall meet and bargain collectively in good faith in an honest attempt to arrive at terms and conditions for application to work on that project which will be fully competitive in the prevailing market. 30.02 All enabled conditions will be available to any signatory contractor bidding the work on which the enabled conditions apply. 30.03 (a) Under 30.01 above, . terms, conditions, conditions and wages contained herein may be varied, altered, amended or modified by the mutual agreement of the parties. (b) A menu of enabled terms and conditions that would be available to Employers providing certain conditions are present at time of tender, shall be maintained in the offices of each Local Union, each CLRa office, as well as each office of any Employer who may require access to said menu. Each menu item shall be identified by a reference number. Any such menu item(s) granted must first be authorized in writing by the Business Manager of the respective Local Union or their designate. 30.04 Special Project Needs will be applied in accordance with the attached “Special Project Needs Agreements (‘SPNA’)” Letter of Understanding ARTICLE THIRTY-ONE - EMPLOYER ASSOCIATION FUNDS 31.01 (a) In satisfaction of the Employers’ obligations under Section 165 163 of the Labour Relations Code and in satisfaction of the Employers’ obligations under this Collective Agreement, the Employer shall pay to the Association the hourly dues levied by the Association pursuant to Section 165 of the Code.’ (b) In addition to the contributions stipulated above, an amount which is currently four cents (4¢) per hour worked (and which can be changed at the Employer choice of Construction Labour Relations - Alberta (CLRa)), shall contribute be forwarded to the Association amounts set Construction Labour Relations at 0000-00xx Xxxxxx XX, Xxxxxxx, Xxxxxxx X0X 0X0. These contributions shall be used by the Association, and amended from time CLRa to time by notice to the Employer, for provide the Construction Employee and Family Assistance ProgramBenefit Plan (CEFAP) for all bargaining unit Employees employed under the terms of this Collective Agreement pursuant to the plan rules. (c) CLR is engaged in a number of other initiatives. These will vary from trade to trade, but in addition to the CEFAP, may include the Audiometric Testing and Hearing Protection program, the Rapid Site Access Program, and measures to enhance the Audiometric Program, and for Workforce Development Initiatives such as Helmets to Hardhats Canada and Trade Winds To Successtraining of supervisors. These amounts may contributions will be applicable consolidated into the Employee Wellness and Development Fund, for which the CLRa Board will establish, for each Trade Division and amend from time to specific work carried out under this Collective Agreementtime, as stipulated in the notices contribution rates and the initiatives to the Employerbe covered.