Common use of SCOPE AND RECOGNITION Clause in Contracts

SCOPE AND RECOGNITION. 4.01 The Association hereby recognizes the Council of Unions as the sole and exclusive bargaining agent for the Union employees of the Contractors as described in the classifications set out in the Trade Appendices attached hereto as [Schedule "D"] engaged in construction work at the Site. The Council of Unions shall represent its member Unions and all employees within the scope of this Agreement in all matters relative to this Agreement. 4.02 The Council of Unions hereby recognizes the Association as the sole and exclusive bargaining agent for all Contractors engaged in the construction of the Lower Xxxxxxxxx Project at the Site. All Contractors engaged in construction of the Lower Xxxxxxxxx Project at the Site and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to become members of the Association and to observe the terms and conditions of this Agreement. 4.03 This Agreement is limited to the Site, designated offsite quarries and transport of these aggregate and till materials between designated quarries and the Site. Commitments under this Agreement do not in any way create bargaining rights or obligations for Contractor employees not on the Site, nor shall such commitments be the basis of support for creation of rights or obligations off the Site. 4.04 This Agreement does not apply to: a) Construction Trades Supervisors above the rank of General Foreperson, those employees excluded under the Labour Relations Act of Newfoundland and Labrador, office staff employed in a confidential capacity relating to labour relations, engineering, technical and drafting personnel, lab technicians, and quality control and visual inspectors excepting those normally employed by the Quality Control Council of Canada as is set out in the appendices attached hereto of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740. b) This Agreement does not apply to any scope of work which falls under a different special project order issued pursuant to Section 70 of the Labour Relations Act as referenced in Schedule “A.2”. 4.05 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement between the Owner. or the Owner's Engineering Procurement Construction Management ("EPCM"), or their subsidiaries and affiliates and their successors (unless such subsidiaries, affiliates or successors of the EPCM directly hire members of the Council of Unions to work on the Site in which case this Agreement shall apply) and a local union, the Council of Unions, or any affiliate of the Council of Unions, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador or by any other means. Accordingly this Agreement does not apply to the Owner or EPCM, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .Accordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCM, their successors, affiliate and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by the EPCM as is provided for above. 4.06 The Association shall designate, in writing, one or more Site representatives with full authority to administer the terms of this Agreement. The Council of Unions agrees to recognize said representatives and their authority to carry out those duties. There shall be at least one Association Site Representative as an ex-officio member of all joint committees. Should the Association change any of its designated Site representatives, it shall inform the Council of Unions of such change in writing. 4.07 The Council of Unions shall designate one or more Site representatives, in writing, with full authority to administer the terms of this Agreement. The Association agrees to recognize said representatives and their authority to carry out their duties. There shall be at least one Council of Unions Site Representative as an ex officio member of all joint committees. Should the Council of Unions change any of its designated Site representatives, it shall inform the Association of such change in writing. The Council of Unions shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s). 4.08 The Association, the Contractor(s), the Council of Unions, the Union(s) and employee(s) shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Only the Association and the Council of Unions may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise of practical labour relations between the Contractor(s) and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreement. 4.09 The Unions who are members of the Council of Unions jointly and severally agree with the Association and with each other to maintain the Council of Unions and they hereby delegate to the Council of Unions their rights as bargaining agents for all members of their respective Unions who come within the scope of this Agreement, and they agree during the term thereof, not to seek to bargain individually with the Association or any Contractor and to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.

SCOPE AND RECOGNITION. 4.01 ‌ 3.01 The Association hereby recognizes the Council of Unions as the sole and exclusive bargaining agent for the Union employees of the Contractors as described in the classifications set out in the Trade Appendices attached hereto as [Schedule "D"] H" engaged in all construction work at the Siteproject. The Council of Unions shall represent its member Unions and all employees within the scope of this Agreement in all matters relative to this Agreement. 4.02 3.02 The Council of Unions hereby recognizes the Association as the sole and exclusive bargaining agent for all Contractors engaged in the construction of the Lower Xxxxxxxxx Project Nickel Processing Plant at the Site. All Contractors engaged in construction of the Lower Xxxxxxxxx Project Nickel Processing Plant at the Site and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to become members of the Association and to observe the terms and conditions of this Agreement. 4.03 This Agreement is limited to the Site, designated offsite quarries and transport of these aggregate and till materials between designated quarries and the Site. Commitments under this Agreement do not Such a commitment in any no way create creates bargaining rights or obligations for Contractor employees not on the Site, nor shall such commitments commitment be the basis of support for creation of rights or obligations off the Site. 4.04 3.03 This Agreement does not apply to: a) Construction Trades Supervisors to construction trades supervisors above the rank of General Foreperson, those employees excluded under the Labour Relations Act of Newfoundland and Labradorgeneral xxxxxxx, office staff employed in a confidential capacity in matters relating to labour relations, engineering, technical and drafting personnel, lab technicians, and quality control and visual inspectors excepting those that normally employed performed by the Quality Control Council of Canada as is set out in the appendices attached hereto of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740Canada. b) 3.04 This Agreement does not apply to any scope of work which falls under a different special project order issued pursuant to Section 70 employee of the Labour Relations Act as referenced in Schedule “A.2”. 4.05 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement between the Owner. or the Owner's ’s Engineering Procurement Construction Management ("“EPCM"), or their subsidiaries and affiliates and their successors (unless such subsidiaries, affiliates or successors of the EPCM directly hire members of the Council of Unions to work on ”) agent engaged at the Site except as provided in which case this Agreement shall apply) and a local union, the Council International Union of Unions, or any affiliate of the Council of Unions, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador or by any other meansOperating Engineers Local 904 Trade Appendix Article 8. Accordingly this This Agreement does not apply to the Owner or EPCM, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .Accordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCM, their successors, affiliate and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by Owner or any contractors retained on behalf of the EPCM as is provided for aboveOwner associated with the operations of the Long Harbour Processing Plant. 4.06 3.05 The Association, the Contractor(s), the Council and employee(s) shall not seek to agree, or agree on any matter within the scope of this Agreement in a manner inconsistent with the terms of this Agreement. No individual agreements, whether in writing or oral are permitted. The Association and the Council may, by written mutual agreement, amend the terms of this Agreement. 3.06 The Association shall designate, in writing, one or more Site representatives designate a representative with full authority to administer the terms of this Agreement. The Council of Unions agrees to recognize said representatives representative and their authority to carry out those dutieshis authority. There The Association representative shall be at least one Association Site Representative as an ex-ex officio member of all joint committees. Should the Association change any of its designated Site representativessite representative, it shall inform the Council of Unions of such change in writing. 4.07 3.07 The Council of Unions shall designate one or more Site representatives, appoint a site representative whose duties shall include representing the Council in writing, with full authority to administer all matters and administering the terms and conditions of this Agreement. This representative shall be empowered by the Council to deal directly with the Contractors/Association representative on all matters relative to this Agreement and co- operate in the implementation and administration of employee-related programs. The Association agrees and its Contractors agree to recognize said representatives the Council's site representative and their his authority to carry out their those duties. There The Council site representative shall be at least one Council of Unions Site Representative as an ex officio member of all joint committees. Should the Council of Unions change any of its designated Site representativessite representative, it shall inform the Association of such change in writing. The Council of Unions Council's site representative shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s)Site. 4.08 The Association, the Contractor(s), the Council of Unions, the Union(s) and employee(s) shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Only the Association and the Council of Unions may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise of practical labour relations between the Contractor(s) and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreement. 4.09 3.08 The Unions who are members of the Council of Unions jointly and severally agree with the Association and with each other to maintain the Council Council, composed of Unions their accredited representatives, and they hereby delegate to the Council of Unions their rights as bargaining agents for all members of their respective Unions who come within the scope of this Agreement, and they agree during the term thereof, not to seek to bargain individually with the Association or any Contractor and to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.

SCOPE AND RECOGNITION. 4.01 The Association hereby recognizes the Council of Unions Union as the sole and exclusive bargaining agent for the Union employees of the Contractors as described in the classifications set out in the Trade Appendices and attached hereto as [Schedule "D"] in Schedules “C”, “C.1”, “E” and “F” engaged in construction work at on the SiteProject. The Council of Unions Union shall represent its member Unions and all employees within in the scope of this Agreement bargaining unit working on the Project in all matters relative to this Agreement. 4.02 Where the Association and/or Contractor create a new classification to be included in Schedule “C” and “C.1”, the Association shall establish the classification and wage rate of the new position and the Union shall be notified in writing within 14 calendar days. The Council of Unions hereby classification and wage rate shall be subject to negotiation with the Union. If no agreement is reached within 30 calendar days, the matter may be submitted to arbitration. 4.03 The Union recognizes the Association as the sole and exclusive bargaining agent for all Contractors engaged in the construction of the Lower Xxxxxxxxx Project at the SiteProject. All Contractors engaged in construction of the Lower Xxxxxxxxx Project at the Site and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to become members of the Association and to observe the terms and conditions of this Agreement. 4.03 4.04 This Agreement is limited to the Site, designated offsite quarries Project. Bargaining rights and transport of these aggregate and till materials between designated quarries and the Site. Commitments commitments under this Agreement do not in any way create bargaining rights or obligations for Contractors or Contractor employees not working on the SiteProject, nor shall such bargaining rights or commitments be the basis of support for the creation of any bargaining rights or obligations off outside the SiteProject. 4.04 4.05 This Agreement does not apply to: a) Construction Trades Supervisors construction trade supervisors above the rank of General Forepersonxxxxxxx, those employees excluded under the Labour Relations Act of Newfoundland and Labrador, office staff employed in a confidential capacity relating to labour relationsstaff, engineeringengineering staff, technical and drafting personnel, lab techniciansengineering surveyors, document control persons, security personnel and quality control and visual inspectors excepting those normally employed by the Quality Control Council of Canada as is set out in the appendices attached hereto of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740.inspectors; b) employees of Nalcor Energy, Emera Inc. and NSP Maritime Link Inc. or any of their subsidiaries, performing work on the Project or any portion of the Project; c) persons engaged in the supply, installation, termination and testing of the Marine HVDC cable system crossing the Strait of Belle Isle, including but not limited to associated work from the cable system components in the Transition Compound at Forteau, Labrador, to cable system components in the Transition Compound at Shoal Cove, Newfoundland. This Agreement does work includes but is not apply limited to persons engaged in the supply and installation of surge arrestors, terminations, fibre optic system, HVDC cable accessory and spares, land HVDC cable, engineered thermal backfill, transition joint bays, horizontally drilled cable conduits, HVDC marine cable, submarine berm, operation of rock quarry and transportation of materials from such rock quarry; d) work performed by any person within the scope of work which falls under a different special project order Special Project Order issued pursuant to Section 70 of the Labour Relations Act as referenced in Schedule “A.2”Act. 4.05 4.06 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement between by the Owner. Owner or the Owner's Engineering Procurement Construction Management ("“EPCM"”), or their subsidiaries and affiliates and their successors (unless such subsidiaries, affiliates with the International Brotherhood of Electrical Workers or successors of the EPCM directly hire members of the Council of Unions to work on the Site in which case this Agreement shall apply) and a local union, the Council of Unions, IBEW Local Union 1620 or any affiliate affiliates of the Council of Unionseither union, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador or by any other means. Accordingly this Agreement does not apply to the Owner or EPCM, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .AccordinglyAccordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCM, their successorssubsidiaries, affiliate affiliates and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by the EPCM as is provided for above. 4.06 4.07 The Association shall designate, in writing, one or more Site Project representatives with full authority to administer the terms of this Agreement. The Council of Unions Union agrees to recognize said representatives and their authority to carry out those duties. There shall be at least one Association Site Representative Project representative as an ex-officio member of all joint committees. Should the Association change any of its designated Site Project representatives, it shall inform the Council of Unions Union of such change in writing. 4.07 4.08 The Council of Unions Union shall designate one or more Site Project representatives, in writing, with full authority to administer the terms of this Agreement. The Association agrees to recognize said representatives and their authority to carry out their duties. There shall be at least one Council of Unions Site Representative Union Project representative as an ex officio member of all joint committees. Should the Council of Unions Union change any of its designated Site Project representatives, it shall inform the Association of such change in writing. The Council of Unions shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s). 4.08 4.09 The Association, the Contractor(s), the Council Union or any member of Unions, the Union(s) and employee(s) bargaining unit shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Any agreement on any matter within the scope of this Agreement or any agreement as to the interpretation of this Agreement shall be null and void and not enforceable except as provided in the herein Article. Only the Association and the Council of Unions Union may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise of practical labour relations between the Contractor(s) and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreement. 4.09 4.10 The Unions who are members International Brotherhood of the Council of Unions Electrical Workers and IBEW Local Union 1620 jointly and severally agree with the Association and with each other to maintain that during the Council term of Unions this Agreement, and they hereby delegate any extension to the Council term of Unions their rights as this Agreement, they will continue to be the bargaining agents agent for all members of their respective Unions employees who come within the scope of this Agreement, Agreement and they agree during the term thereof, and any extension to the term not to seek to bargain individually with the Association or any Contractor and to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 4.11 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.

SCOPE AND RECOGNITION. 4.01 3.01 The Association hereby recognizes the Council of Unions as the sole and exclusive bargaining agent for the Union employees of the Contractors as described in the classifications set out in the Trade Appendices attached hereto as [Schedule "D"] " engaged in all construction work at the Siteproject. The Council of Unions shall represent its member Unions and all employees within the scope of this Agreement in all matters relative to this Agreement. 4.02 3.02 The Council of Unions hereby recognizes the Association as the sole and exclusive bargaining agent for all Contractors engaged in the construction of the Lower Xxxxxxxxx Project Nickel Processing Plant at the Site. All Contractors engaged in construction of the Lower Xxxxxxxxx Project Nickel Processing Plant at the Site and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to become members of the Association and to observe the terms and conditions of this Agreement. 4.03 This Agreement is limited to the Site, designated offsite quarries and transport of these aggregate and till materials between designated quarries and the Site. Commitments under this Agreement do not Such a commitment in any no way create creates bargaining rights or obligations for Contractor employees not on the Site, nor shall such commitments commitment be the basis of support for creation of rights or obligations off the Site. 4.04 3.03 This Agreement does not apply to: a) Construction Trades Supervisors to construction trades supervisors above the rank of General Foreperson, those employees excluded under the Labour Relations Act of Newfoundland and Labradorgeneral xxxxxxx, office staff employed in a confidential capacity in matters relating to labour relations, engineering, technical and drafting personnel, lab technicians, and quality control and visual inspectors excepting those that normally employed performed by the Quality Control Council of Canada as is set out in the appendices attached hereto of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740Canada. b) 3.04 This Agreement does not apply to any scope employee of work which falls under a different special project order issued pursuant to Section 70 of the Labour Relations Act as referenced in Schedule “A.2”. 4.05 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement between the Owner. or the Owner's Engineering Procurement Construction Management ("EPCM"), or their subsidiaries and affiliates and their successors (unless such subsidiaries, affiliates or successors of the EPCM directly hire members of the Council of Unions to work on ) agent engaged at the Site except as provided in which case this Agreement shall apply) and a local union, the Council International Union of Unions, or any affiliate of the Council of Unions, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador or by any other meansOperating Engineers Local 904 Trade Appendix Article 8. Accordingly this This Agreement does not apply to the Owner or EPCM, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .Accordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCM, their successors, affiliate and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by the EPCM as is provided for aboveOwner. 4.06 3.05 The Association, the Contractor(s), the Council and employee(s) shall not seek to agree, or agree on any matter within the scope of this Agreement in a manner inconsistent with the terms of this Agreement. No individual agreements, whether in writing or oral are permitted. The Association and the Council may, by written mutual agreement, amend the terms of this Agreement. 3.06 The Association shall designate, in writing, one or more Site representatives designate a representative with full authority to administer the terms of this Agreement. The Council of Unions agrees to recognize said representatives representative and their authority to carry out those dutieshis authority. There The Association representative shall be at least one Association Site Representative as an ex-ex officio member of all joint committees. Should the Association change any of its designated Site representativessite representative, it shall inform the Council of Unions of such change in writing. 4.07 3.07 The Council of Unions shall designate one or more Site representatives, appoint a site representative whose duties shall include representing the Council in writing, with full authority to administer all matters and administering the terms and conditions of this Agreement. This representative shall be empowered by the Council to deal directly with the Contractors/Association representative on all matters relative to this Agreement and co-operate in the implementation and administration of employee-related programs. The Association agrees and its Contractors agree to recognize said representatives the Council's site representative and their his authority to carry out their those duties. There The Council site representative shall be at least one Council of Unions Site Representative as an ex officio member of all joint committees. Should the Council of Unions change any of its designated Site representativessite representative, it shall inform the Association of such change in writing. The Council of Unions Council's site representative shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s)Site. 4.08 The Association, the Contractor(s), the Council of Unions, the Union(s) and employee(s) shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Only the Association and the Council of Unions may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise of practical labour relations between the Contractor(s) and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreement. 4.09 3.08 The Unions who are members of the Council of Unions jointly and severally agree with the Association and with each other to maintain the Council Council, composed of Unions their accredited representatives, and they hereby delegate to the Council of Unions their rights as bargaining agents for all members of their respective Unions who come within the scope of this Agreement, and they agree during the term thereof, not to seek to bargain individually with the Association or any Contractor and to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.

SCOPE AND RECOGNITION. 4.01 2.01 The Association hereby Company recognizes the Council of Unions as the sole and exclusive bargaining agent for the Union employees of the Contractors as described in the classifications set out in the Trade Appendices attached hereto as [Schedule "D"] engaged in construction work at the Site. The Council of Unions shall represent its member Unions and all employees within the scope of this Agreement in all matters relative to this Agreement. 4.02 The Council of Unions hereby recognizes the Association as the sole and exclusive bargaining agent for all Contractors engaged employees of the Company in the construction jurisdiction of the Lower Xxxxxxxxx Project at Union including all employees of Versacold Group Shipping, and employees employed as Customer Service Representatives on the SiteOrder Desk , being Highway 25/Bronte Road to the West, Courtice Road to the East, Lake Ontario to the South, and Highway 9 and up to Orillia to the North, save and except supervisors, persons above the rank of Supervisor, sales staff and drivers. All Contractors engaged in construction For clarity, the exclusion of dispatchers and probillers and the exclusion of “supervisors” include the chief engineer. The Union acknowledges that the Company has a practice of having persons who are not employees of the Lower Xxxxxxxxx Project at Company perform work in the Site workplace. These persons are lumpers, contract engineers and having contract office cleaners. The parties agree that such persons who are not employees working within of the scope Company will not be covered by this collective agreement. Contract engineers will only be used after all available qualified bargaining unit Engineers have been offered the work exception being current practice of major overhaul of equipment. 2.02 It is understood that the operation and Management of the Company shall be vested in the Company subject to the provisions of the Agreement and the bargaining rights of the Union. 2.03 The word "employee" or "employees" wherever used in the Agreement shall mean respectively an employee or employees in the bargaining unit, and wherever the feminine 2.04 Part-time employees shall be covered by this Collective Agreement Only as specifically set out in Appendix “A” to this Agreement 2.05 Employees not covered by this Agreement shall be required, as a condition of contract award, to become not perform work normally performed by members of the Association bargaining unit, except: (a) For the purpose of instruction or training, or (b) Situations which, for operational or client service reasons require immediate action. (c) The work of Inventory Co-ordinator(s) in the performance of their job. 2.06 No work will be contracted out which is normally performed by members of the bargaining unit except with approval and a letter of understanding from Local 419. 2.07 The Company agrees not to observe enter into an agreement or contract with its employees, individually or collectively, which in any way conflicts with the terms and conditions of this Agreement. 4.03 This Agreement is limited 2.08 With the adoption of this agreement, no practices, customs, or other terms and conditions of employment in effect prior to the Site, designated offsite quarries and transport of these aggregate and till materials between designated quarries and the Site. Commitments under this Agreement do not in any way create bargaining rights or obligations for Contractor employees not on the Site, nor shall such commitments be the basis of support for creation of rights or obligations off the Site. 4.04 This Agreement does not apply to: a) Construction Trades Supervisors above the rank of General Foreperson, those employees excluded under the Labour Relations Act of Newfoundland and Labrador, office staff employed in a confidential capacity relating to labour relations, engineering, technical and drafting personnel, lab technicians, and quality control and visual inspectors excepting those normally employed by the Quality Control Council of Canada as is set out in the appendices attached hereto of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740. b) This Agreement does not apply to any scope of work which falls under a different special project order issued pursuant to Section 70 of the Labour Relations Act as referenced in Schedule “A.2”. 4.05 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term coming into force of this Agreement or any extension of the term of this Agreement between the Owner. or the Owner's Engineering Procurement Construction Management ("EPCM"), or their subsidiaries and affiliates and their successors (unless such subsidiaries, affiliates or successors of the EPCM directly hire members of the Council of Unions to work on the Site in which case this Collective Agreement shall apply) continue unless negotiated and a local union, the Council of Unions, or any affiliate of the Council of Unions, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador or by any other means. Accordingly this Agreement does not apply to the Owner or EPCM, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .Accordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCM, their successors, affiliate and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by the EPCM as is provided for above. 4.06 The Association shall designate, in writing, one or more Site representatives with full authority to administer the terms of this Agreement. The Council of Unions agrees to recognize said representatives and their authority to carry out those duties. There shall be at least one Association Site Representative as an ex-officio member of all joint committees. Should the Association change any of its designated Site representatives, it shall inform the Council of Unions of such change in writing. 4.07 The Council of Unions shall designate one or more Site representatives, in writing, with full authority to administer the terms of this Agreement. The Association agrees to recognize said representatives and their authority to carry out their duties. There shall be at least one Council of Unions Site Representative as an ex officio member of all joint committees. Should the Council of Unions change any of its designated Site representatives, it shall inform the Association of such change in writing. The Council of Unions shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s). 4.08 The Association, the Contractor(s), the Council of Unions, the Union(s) and employee(s) shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided expressly specified in this Article. Only the Association and the Council of Unions may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise of practical labour relations between the Contractor(s) and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreementagreement. 4.09 The Unions who are members of the Council of Unions jointly and severally agree with the Association and with each other to maintain the Council of Unions and they hereby delegate to the Council of Unions their rights as bargaining agents for all members of their respective Unions who come within the scope of this Agreement, and they agree during the term thereof, not to seek to bargain individually with the Association or any Contractor and to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.

SCOPE AND RECOGNITION. 4.01 The Association hereby recognizes the Council of Unions Union as the sole and exclusive bargaining agent for the Union employees of the Contractors as described in the classifications set out in the Trade Appendices and attached hereto as [Schedule "D"] in Schedules “C”, “C.1”, “E” and “F” engaged in construction work at on the SiteProject. The Council of Unions Union shall represent its member Unions and all employees within in the scope of this Agreement bargaining unit working on the Project in all matters relative to this Agreement. 4.02 Where the Association and/or Contractor create a new classification to be included in Schedule “C” and “C.1”, the Association shall establish the classification and wage rate of the new position and the Union shall be notified in writing within 14 calendar days. The Council of Unions hereby classification and wage rate shall be subject to negotiation with the Union. If no agreement is reached within thirty (30) calendar days, the matter may be submitted to arbitration. 4.03 The Union recognizes the Association as the sole and exclusive bargaining agent for all Contractors engaged in the construction of the Lower Xxxxxxxxx Project at the SiteProject. All Contractors engaged in construction of the Lower Xxxxxxxxx Project at the Site and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to become members of the Association and to observe the terms and conditions of this Agreement. 4.03 4.04 This Agreement is limited to the Site, designated offsite quarries Project. Bargaining rights and transport of these aggregate and till materials between designated quarries and the Site. Commitments commitments under this Agreement do not in any way create bargaining rights or obligations for Contractors or Contractor employees not working on the SiteProject, nor shall such bargaining rights or commitments be the basis of support for the creation of any bargaining rights or obligations off outside the SiteProject. 4.04 4.05 This Agreement does not apply to: a) Construction Trades Supervisors construction trade supervisors above the rank of General Forepersonforeperson, those employees excluded under the Labour Relations Act of Newfoundland and Labrador, office staff employed in a confidential capacity relating to labour relationsstaff, engineeringengineering staff, technical and drafting personnel, lab techniciansengineering surveyors, document control persons, security personnel, and quality control and visual inspectors excepting those normally employed by the Quality Control Council of Canada as is set out in the appendices attached hereto of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740.inspectors; b) employees of Nalcor Energy, Emera Inc. and NSP Maritime Link Incorporated or any of their subsidiaries, performing work on the Project or any portion of the Project; c) persons engaged in the supply, installation, termination and testing of the Marine HVDC cable system crossing the Cabot Strait, including but not limited to associated work from the terminal points of the cable systems at the Transition Site located at Cape Ray, in the Province of Newfoundland and Labrador to Cape Breton, Nova Scotia. This Agreement does work includes but is not apply limited to persons engaged in the supply and installation of surge arrestors, terminations, fibre optic systems, HVDC cable accessories and spares, land HVDC cable including trenching, engineered thermal backfill, transition joint bays, horizontally drilled cable conduits, HVDC marine cable, submarine berm and trenching, operation of rock quarry and transportation of materials from such rock quarry; d) work performed by any person within the scope of work which falls under a different special project order Special Project Order issued pursuant to Section 70 of the Labour Relations Act as referenced in Schedule “A.2”Act. 4.05 4.06 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement between by the Owner. Owner or the Owner's Engineering Procurement Construction Management ("EPCM"), or their subsidiaries and affiliates and their successors (unless such subsidiaries, affiliates with the International Brotherhood of Electrical Workers or successors of the EPCM directly hire members of the Council of Unions to work on the Site in which case this Agreement shall apply) and a local union, the Council of Unions, IBEW Local Union 1620 or any affiliate affiliates of the Council of Unionseither union, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador or by any other means. Accordingly this Agreement does not apply to the Owner or EPCM, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .AccordinglyAccordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCM, their successorssubsidiaries, affiliate affiliates and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by the EPCM as is provided for above. 4.06 4.07 The Association shall designate, in writing, one or more Site Project representatives with full authority to administer the terms of this Agreement. The Council of Unions Union agrees to recognize said representatives and their authority to carry out those duties. There shall be at least one Association Site Representative Project representative as an ex-officio member of all joint committees. Should the Association change any of its designated Site Project representatives, it shall inform the Council of Unions Union of such change in writing. 4.07 4.08 The Council of Unions Union shall designate one or more Site Project representatives, in writing, with full authority to administer the terms of this Agreement. The Association agrees to recognize said representatives and their authority to carry out their duties. There shall be at least one Council of Unions Site Representative Union Project representative as an ex ex-officio member of all joint committees. Should the Council of Unions Union change any of its designated Site Project representatives, it shall inform the Association of such change in writing. The Council of Unions shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s). 4.08 4.09 The Association, the Contractor(s), the Council Union or any member of Unions, the Union(s) and employee(s) bargaining unit shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Any agreement on any matter within the scope of this Agreement or any agreement as to the interpretation of this Agreement shall be null and void and not enforceable except as provided in the herein Article. Only the Association and the Council of Unions Union may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise of practical labour relations between the Contractor(s) and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreement. 4.09 4.10 The Unions who are members International Brotherhood of the Council of Unions Electrical Workers and IBEW Local Union 1620 jointly and severally agree with the Association and with each other to maintain that during the Council term of Unions this Agreement, and they hereby delegate any extension to the Council term of Unions their rights as this Agreement, they will continue to be the bargaining agents agent for all members of their respective Unions employees who come within the scope of this Agreement, Agreement and they agree during the term thereof, and any extension to the term not to seek to bargain individually with the Association or any Contractor and to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.

SCOPE AND RECOGNITION. 4.01 The Association hereby recognizes the Council of Unions as the sole and exclusive bargaining agent for the Union employees of the Contractors as described in the classifications set out in the Trade Appendices attached hereto as [Schedule "D"] engaged in construction work at the Site. The Council of Unions shall represent its member Unions and all employees within the scope of this Agreement in all matters relative to this Agreement. 4.02 The Council of Unions hereby recognizes the Association as the sole and exclusive bargaining agent for all Contractors engaged in the construction of the Lower Xxxxxxxxx Project at the Site. All Contractors engaged in construction of the Lower Xxxxxxxxx Project at the Site and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to become members of the Association and to observe the terms and conditions of this Agreement. 4.03 This Agreement is limited to the Site, designated offsite quarries and transport of these aggregate and till materials between designated quarries and the Site. Commitments under this Agreement do not in any way create bargaining rights or obligations for Contractor employees not on the Site, nor shall such commitments be the basis of support for creation of rights or obligations off the Site. 4.04 This Agreement does not apply to: a) Construction Trades Supervisors above the rank of General Foreperson, those employees excluded under the Labour Relations Act of Newfoundland and Labrador, EPCM administrative staff, office staff employed in a confidential capacity relating to labour relations, engineering, technical and drafting personnel, lab technicians, and quality control and visual inspectors excepting those normally employed by the Quality Control Council of Canada as is set out in the appendices attached hereto of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740. b) This Agreement does not apply to any scope of work which falls under a different special project order issued pursuant to Section 70 of the Labour Relations Act as referenced in Schedule “A.2”Act. 4.05 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement between the Owner. or the Owner's Engineering Procurement Construction Management ("EPCM"), or their subsidiaries and affiliates and their successors (unless such subsidiaries, affiliates or successors of the EPCM directly hire members of the Council of Unions to work on the Site in which case this Agreement shall apply) and a local union, the Council of Unions, or any affiliate of the Council of Unions, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador or by any other means. Accordingly this Agreement does not apply to the Owner or EPCM, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .Accordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCM, their successors, affiliate and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by the EPCM as is provided for above. 4.06 The Association shall designate, in writing, one or more Site representatives with full authority to administer the terms of this Agreement. The Council of Unions agrees to recognize said representatives and their authority to carry out those duties. There shall be at least one Association Site Representative as an ex-officio member of all joint committees. Should the Association change any of its designated Site representatives, it shall inform the Council of Unions of such change in writing. 4.07 The Council of Unions shall designate one or more Site representatives, in writing, with full authority to administer the terms of this Agreement. The Association agrees to recognize said representatives and their authority to carry out their duties. There shall be at least one Council of Unions Site Representative as an ex officio member of all joint committees. Should the Council of Unions change any of its designated Site representatives, it shall inform the Association of such change in writing. The Council of Unions shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s). 4.08 The Association, the Contractor(s), the Council of Unions, the Union(s) and employee(s) shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Only the Association and the Council of Unions may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise of practical labour relations between the Contractor(s) and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreement. 4.09 The Unions who are members of the Council of Unions jointly and severally agree with the Association and with each other to maintain the Council of Unions and they hereby delegate to the Council of Unions their rights as bargaining agents for all members of their respective Unions who come within the scope of this Agreement, and they agree during the term thereof, not to seek to bargain individually with the Association or any Contractor and to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.

SCOPE AND RECOGNITION. 4.01 The Association hereby recognizes the Council of Unions Union as the sole and exclusive bargaining agent for the Union employees of the Contractors as described in the classifications set out in on the Trade Appendices attached hereto as [Schedule "“B” and “D"] ”, engaged in construction work at on the SiteProject. The Council of Unions Union shall represent its member Unions and all employees within in the scope of this Agreement bargaining unit working on the Project in all matters relative to this Agreement. 4.02 Where the Association and/or Contractor create a new classification to be included in Schedule “B”, the Association shall establish the classification and wage rate of the new position and the Union shall be notified in writing within 14 calendar days. The Council of Unions hereby classification and wage rate shall be subject to negotiation with the Union. If no agreement is reached within 30 calendar days, the matter may be submitted to arbitration 4.03 The Union recognizes the Association as the sole and exclusive bargaining agent for all Contractors engaged in the construction of the Lower Xxxxxxxxx Project at the SiteProject. All Contractors engaged in construction of the Lower Xxxxxxxxx Project at the Site and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to become members of the Association and to observe the terms and conditions of this Agreement. 4.03 4.04 This Agreement is limited to the Site, designated offsite quarries Project. Bargaining rights and transport of these aggregate and till materials between designated quarries and the Site. Commitments commitments under this Agreement do not in any way create bargaining rights or obligations for Contractors or Contractor employees not working on the SiteProject, nor shall such bargaining rights or commitments be the basis of support for the creation of any bargaining rights or obligations off outside the SiteProject. 4.04 4.05 This Agreement does not apply to: a) Construction Trades Supervisors above the rank of General Forepersonsupervision including foreperson, those employees excluded under the Labour Relations Act of Newfoundland and Labrador, office staff employed in a confidential capacity relating to labour relationsstaff, engineeringengineering staff, technical and drafting personnel, lab techniciansdocument control persons, medical attendants, nurses, security personnel and quality control and visual inspectors excepting those normally employed by the Quality Control Council of Canada as is set out in the appendices attached hereto of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740.inspectors; b) This Agreement does not apply to employees of Nalcor Energy or any of their subsidiaries, performing work on the Project or any portion of the Project; c) work performed by any person within the scope of work which falls under a different special project order Special Project Order issued pursuant to Section 70 of the Labour Relations Act as referenced in Schedule “A.2”Act. 4.05 4.06 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement between by the Owner. Owner or the Owner's Engineering Procurement Construction Management ("EPCM"), or their subsidiaries and affiliates and their successors (unless such subsidiaries, affiliates or successors of with the EPCM directly hire members of the Council of Unions to work on the Site in which case this Agreement shall apply) and a local union, the Council of Unions, or any affiliate affiliates of the Council of Unionseither union, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador or by any other means. Accordingly this Agreement does not apply to the Owner or EPCM, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .AccordinglyAccordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCM, their successorssubsidiaries, affiliate affiliates and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by the EPCM as is provided for above. 4.06 4.07 The Association shall designate, in writing, one or more Site Project representatives with full authority to administer the terms of this Agreement. The Council of Unions Union agrees to recognize said representatives and their authority to carry out those duties. There shall be at least one Association Site Representative Project representative as an ex-officio member of all joint committees. Should the Association change any of its designated Site Project representatives, it shall inform the Council of Unions Union of such change in writing. 4.07 4.08 The Council of Unions shall Union may designate one or more Site Project representatives, in writing, with full authority to administer the terms of this Agreement. The Association agrees to recognize said representatives and their authority to carry out their duties. There shall be at least one Council of Unions Site Representative Union Project representative as an ex ex-officio member of all joint committees. Should the Council of Unions Union change any of its designated Site Project representatives, it shall inform the Association of such change in writing. The Council of Unions shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s). 4.08 4.09 The Association, the Contractor(s), the Council Union or any member of Unions, the Union(s) and employee(s) bargaining unit shall not seek to agreeagree to any matter, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Any agreement on any matter within the scope of this Agreement or any agreement as to the interpretation of this Agreement shall be null and void and not enforceable except as provided in the herein Article. Only the Association and the Council of Unions Union may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise . 4.10 The Labourers’ International Union of practical labour relations between the Contractor(s) North America and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreement. 4.09 The Unions who are members of the Council of Unions Construction and General Labourers’ Union, Rock and Tunnel Workers Local 1208 jointly and severally agree with the Association and with each other to maintain that during the Council term of Unions this Agreement, and they hereby delegate any extension to the Council term of Unions their rights as this Agreement, they will continue to be the bargaining agents agent for all members of their respective Unions employees who come within the scope of this Agreement, Agreement and they agree during the term thereof, and any extension to the term not to seek to bargain individually with the Association or any Contractor and to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 4.11 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.

SCOPE AND RECOGNITION. 4.01 4.1 The Association hereby recognizes the Council of Unions Construction Trades Inc. as the sole and exclusive bargaining agent for the Union employees of the Contractors Contractor as described in the classifications set out and attached hereto in the Trade Appendices attached hereto as [Classification Schedule "D"] (see Schedule “C”) and engaged in construction work at Work on the SiteProject. The Council of Unions Construction Trades Inc. shall represent its member Unions and all employees working within the scope of this Agreement in all matters relative to this Agreement. 4.02 4.2 Where a Contractor in consultation with the Council of Trade Unions creates a new classification to be included in the Classification Schedule, the Association shall establish the classification and wage rate of the new position and the Council shall be notified in writing within seven (7) calendar days. The classification and wage rate shall be subject to negotiation with the Council. If no agreement is reached within fourteen (14) calendar days, the matter may be submitted to arbitration. 4.3 The Council of and the Unions hereby recognizes recognize the WWRP Construction Employers’ Association Inc. as the sole and exclusive bargaining agent for all Contractors engaged in the construction of the Lower Xxxxxxxxx Project at the SiteProject. All Contractors subcontractors engaged in construction of the Lower Xxxxxxxxx Project at the Site and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to become members of the Association and to observe the terms and conditions of this Agreement. 4.03 4.4 This Agreement is limited to the Site, designated offsite quarries Project as defined in Schedules “A” and transport of these aggregate “B” attached hereto. Bargaining rights and till materials between designated quarries and the Site. Commitments commitments under this Agreement do not in any way create bargaining rights or obligations for Contractor Contractors or subcontractor employees not working on the SiteProject, nor shall such bargaining rights or commitments be the basis of support for the creation of any bargaining rights or obligations off outside the SiteProject. 4.04 4.5 This Agreement does not apply to: a) Construction Trades Supervisors trade supervisors above the rank of General Forepersongeneral foreperson, those employees excluded under the Labour Relations Act of Newfoundland and Labrador, office staff employed in a confidential capacity relating in matters related to labour relations, engineeringengineering staff, survey staff above rank of Instrument Person, laboratory technicians, technical and drafting personnel, lab techniciansSurvey engineers, Quality Assurance and quality control and visual inspectors excepting those normally employed by the Quality Control Council personnel. Tradespersons involved with actual testing/inspections of Canada as is set out in the appendices attached hereto welds, x-rays, non- destructive testing would be part of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740. b) This Agreement does not apply to any scope of work which falls under a different special project order issued pursuant to Section 70 of the Labour Relations Act as referenced in Schedule “A.2”. 4.05 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement between the Owner. or the Owner's Engineering Procurement Construction Management ("EPCM"), or their subsidiaries and affiliates and their successors (unless such subsidiaries, affiliates or successors of the EPCM directly hire members of the Council of Unions to work on the Site in which case this Agreement shall apply) and a local union, the Council of Unions, or any affiliate of the Council of Unions, by voluntary recognition or by action of law pursuant to the Labour Relations Act of the Province of Newfoundland and Labrador or by any other means. Accordingly this Agreement does not apply to the Owner or EPCM, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .Accordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCM, their successors, affiliate and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by the EPCM as is provided for above. 4.06 The Association shall designate, in writing, one or more Site representatives with full authority to administer the terms of this Agreement. The Council of Unions agrees to recognize said representatives and their authority to carry out those duties. There shall be at least one Association Site Representative as an ex-officio member of all joint committees. Should the Association change any of its designated Site representatives, it shall inform the Council of Unions of such change in writing. 4.07 The Council of Unions shall designate one or more Site representatives, in writing, with full authority to administer the terms of this Agreement. The Association agrees to recognize said representatives and their authority to carry out their duties. There shall be at least one Council of Unions Site Representative as an ex officio member of all joint committees. Should the Council of Unions change any of its designated Site representatives, it shall inform the Association of such change in writing. The Council of Unions shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s). 4.08 The Association, the Contractor(s), the Council of Unions, the Union(s) and employee(s) shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Only the Association and the Council of Unions may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise of practical labour relations between the Contractor(s) and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreement. 4.09 The Unions who are members of the Council of Unions jointly and severally agree with the Association and with each other to maintain the Council of Unions and they hereby delegate to the Council of Unions their rights as bargaining agents for all members of their respective Unions who come within the scope of this Agreement, and they agree during the term thereof, not to seek to bargain individually with the Association or any Contractor and to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.

SCOPE AND RECOGNITION. 4.01 The Association Owner, Contractor(s) and the Unions hereby recognizes agree that the Council of Unions as the sole and exclusive bargaining agent for the Union shall represent all employees of the Contractors as described in the classifications set out in the Trade Appendices and attached hereto as [Schedule "D"] in Schedules “C”, “C.1”, “E” and “F” engaged in construction work at on the Site. The Council of Unions shall represent its member Unions and all employees within the scope of this Agreement Project in all matters relative to this Agreement. 4.02 The Council of Unions hereby recognizes Where the Association as Owner and/or Contractor create a new classification to be included in Schedule “C” and “C.1”, the sole Owner shall establish the classification and exclusive bargaining agent for all Contractors engaged in the construction wage rate of the Lower Xxxxxxxxx Project at new position and the SiteUnion shall be notified in writing within 14 calendar days. The classification and wage rate shall be subject to negotiation with the Union. If no agreement is reached within thirty (30) calendar days, the matter may be submitted to arbitration. 4.03 All Contractors engaged in construction of work on the Lower Xxxxxxxxx Project at the Site and having employees working within the scope of this Agreement shall be required, as a condition of contract award, to become members of the Association and to observe the terms and conditions of this Agreement. 4.03 4.04 This Agreement is limited to the SiteProject and any work performed by the Owner, designated offsite quarries and transport Contractors or their employees under the terms of these aggregate and till materials between designated quarries and the Site. Commitments under this Agreement do shall not in any way create bargaining rights or obligations for Contractor the Owner or Contractors or their employees not working on the SiteProject, nor shall such commitments work performed under this Agreement be the basis of support for the creation of any bargaining rights or obligations off outside the SiteProject by voluntary recognition or by action of law pursuant to the Trade Union Act of the Province of Nova Scotia or by any other means. 4.04 4.05 This Agreement does not apply to: a) Construction Trades Supervisors supervisors above the rank of General Forepersonforeperson, those employees excluded under the Labour Relations Trade Union Act of Newfoundland and LabradorNova Scotia, office staff employed in a confidential capacity relating to labour relationsstaff, engineeringengineering staff, technical and drafting personnel, lab techniciansengineering surveyors, document control persons, security personnel, and quality control and visual inspectors excepting those normally employed by the Quality Control Council of Canada as is set out in the appendices attached hereto of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers and Local Union 203 and the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada Local Union 740.inspectors; b) This Agreement does not apply to employees of NSP Maritime Link Incorporated, Emera Inc. and Nalcor Energy and or any scope of their subsidiaries, performing work which falls under a different special project order issued pursuant to Section 70 on the Project or any portion of the Labour Relations Act as referenced Project; c) persons engaged in Schedule “A.2”the supply, installation, termination and testing of the Marine HVDC cable system crossing the Cabot Strait, including but not limited to associated work from the terminal points of the cable systems at the Transition Site located at Cape Ray, in the Province of Newfoundland and Labrador to the terminal points of the cable systems at the Transition Site located at Cape Breton, Nova Scotia. This work includes but is not limited to persons engaged in the supply and installation of surge arrestors, terminations, fibre optic systems, HVDC cable accessories and spares, land HVDC cable including trenching, engineered thermal backfill, transition joint bays, horizontally drilled cable conduits, HVDC marine cable, submarine berm and trenching, operation of rock quarry and transportation of materials from such rock quarry. 4.05 4.06 It is understood and agreed by the Parties hereto that no bargaining relationship is created or will be created at any time during the term of this Agreement or any extension of the term of this Agreement between by the Owner. or the Owner's Engineering Procurement Construction Management ("EPCM"), or their subsidiaries and affiliates and their successors (unless such subsidiarieswith the International Brotherhood of Electrical Workers, affiliates or successors International Brotherhood of the EPCM directly hire members of the Council of Unions to work on the Site in which case this Agreement shall apply) and a local unionElectrical Workers, the Council of Unions, Local Union 1928 or any affiliate affiliates of the Council of Unionseither union, by voluntary recognition or by action of law pursuant to the Labour Relations Trade Union Act of the Province of Newfoundland and Labrador Nova Scotia or by any other means. Accordingly this Agreement does not apply to the Owner or EPCMOwner, their subsidiaries, affiliates and their successors or to the employees of any of the aforementioned. .AccordinglyAccordingly, an arbitrator shall have no authority or jurisdiction to make any order or award any remedy against the Owner or the EPCMOwner, their successorssubsidiaries, affiliate affiliates and their successors or to any employees of the aforementioned, save and except where those employees have been hired directly by the EPCM as is provided for above. 4.06 4.07 The Association Owner shall designate, in writing, one or more Site Project representatives with full authority to administer the terms of this Agreement. The Council of Unions Union agrees to recognize said representatives and their authority to carry out those duties. There shall be at least one Association Site Representative Owner Project representative as an ex-ex- officio member of all joint committees. Should the Association Owner change any of its designated Site Project representatives, it shall inform the Council of Unions Union of such change in writing. 4.07 4.08 The Council of Unions Union shall designate one or more Site Project representatives, in writing, with full authority to administer the terms of this Agreement. The Association Owner agrees to recognize said representatives and their authority to carry out their duties. There shall be at least one Council of Unions Site Representative Union Project representative as an ex ex-officio member of all joint committees. Should the Council of Unions Union change any of its designated Site Project representatives, it shall inform the Association Owner of such change in writing. The Council of Unions shall be provided an appropriate office at the Site to be shared by the Council of Unions’ Site Representative(s). 4.08 4.09 The Association, the Contractor(s), the Council Union or any member of Unions, the Union(s) and employee(s) bargaining unit shall not seek to agree, or agree on any matter, within the scope of this Agreement or as to the interpretation of this Agreement or application of this Agreement except as provided in this Article. Any agreement on any matter within the scope of this Agreement or any agreement as to the interpretation of this Agreement shall be null and void and not enforceable except as provided in the herein Article. Only the Association Owner and the Council of Unions Union may, by written agreement signed by the duly authorized representative of each Party, amend the terms of this Agreement or enter into any agreement as to the interpretation or application of this Agreement. This Article does not extend to the exercise of practical labour relations between the Contractor(s) and the Council of Unions on a day-to-day basis provided that the exercise of practical labour relations does not contravene this Article or Agreement. 4.09 4.10 The Unions who are members International Brotherhood of the Council of Unions Electrical Workers and IBEW Local Union 1928 jointly and severally agree with the Association Owner and the signatory Contractor(s) and with each other to maintain that during the Council term of Unions this Agreement, and they hereby delegate any extension to the Council term of Unions their rights as bargaining agents for all members of their respective Unions this Agreement, they will continue to represent the employees who come within the scope of this Agreement, Agreement and they agree during the term thereof, and any extension to the term not to seek to bargain individually with the Association or any Contractor and Contractor, to be governed exclusively by the terms of this Agreement and by all lawful settlements of disputes, grievances and differences made pursuant to the terms of this Agreement. 4.10 The Parties agree that the Innu Liaison position is not a representative of the Union, Contractors, or Association and is not included in the bargaining unit.