SKILLED TRADES Note: The provisions of the Collective Agreement shall apply to the skilled trades except as altered by the provisions of this Article.
30.01 Skilled trade classifications for the purpose of this Collective Agreement will be as follows:
30.02 Seniority shall be by skilled trade classification, that is classifications will be non-interchangeable.
30.03 Employees entering a skilled trade classification shall have a seniority date as of the entry into such classification (including the apprenticeship period if such period was served in the Company).
30.04 A non-skilled trades (i.e. production) employee will not exercise his or her seniority rights in any skilled trade classification, nor will any skilled trades employee exercise seniority in any production classification after the date of ratification except as set forth in Article 31.07(d).
30.05 In the event that a skilled trades employee (i.e. apprentice or journeyman) is unable to perform his or her job as defined in Article 18, the provisions of Article 18 will apply. In no event will these provisions contravene the Human Rights Code.
30.06 The term 'journeyman' as used in this Article shall mean any person:
(a) Who presently is in a skilled trades classification; or
(b) Who has served a bona fide apprenticeship and has a certificate which substantiates his/her claim of such service; or
(c) Who has had eight (8) years of practical experience and can prove same with proper affidavits. The Company will consider the possession of a CAW/UAW journeyman/woman card as presumptive proof of qualifications.
30.07 In the event of a reduction in the work force of any skilled trades classification, the following procedure will apply:
(a) First, probationary journeyman within a classification shall be laid off;
(b) Second, apprentices within a classification shall be laid off based upon the first to go will be the last who entered the program;
(c) Third, if further reductions in a skilled trades classification are required, journeyman shall, in reverse order of seniority (junior employee first) in such a classification, be laid off.
(d) In the event of a layoff, skilled trades journeyperson employees will be allowed one time only to displace production employees, provided that such skilled trades journeyperson employees are originally production employees and in accordance with Article 14 of this Agreement. Skilled trades journeyperson employees must return to their skilled trades jobs as soon as they are recalled.
(e) In the event of the disqualification of an apprentice, he/she will be allowed, one time only, to displace a production employee, provided that such apprentice was originally a production employee and in accordance with Article 14 of this Agreement.
30.08 In the event that there is an increase in any skilled trade classification, recall shall be made in reverse order of seniority, commencing with journeyman then
30.09 In the event the Company acquires some advanced type of machinery or equipment that would call for special servicing by skilled trades employees, it is agreed that the skilled trades employees will be trained so that they may become familiar with the necessary repair and maintenance techniques required. In the case of initial installations of new equipment, processes, technology and warranty work, the Company will involve a minimum of one (1) skilled trades employee of each affected trade with the supplier's on-site personnel for training purposes.
30.10 (1) The Company and Union recognize the importance of the following principles:
(i) The Company recognizes the Union's desire to perform all Skilled Trades work covered under the jurisdiction of this contract except as amended below.
(ii) The Company will not use subcontracting as a method of eliminating overtime for Skilled Trade employees
(iii) The parties recognize that where the Company meets its obligations as set forth in Article 31 (including overtime opportunities), there shall be no additional responsibility on the part of the Company to pay additional overtime to any other employee. However, where it is alleged that the Company has not met its obligations under Article 31, the employee concerned and/or Union shall have the right to seek redress under the grievance procedure.
Removal of Contractor Employee All employees of the Engineer assigned to this contract shall have such knowledge and experience as will enable them to perform the duties assigned to them. The State may instruct the Engineer to remove any employee from association with work authorized in this contract if, in the sole opinion of the State, the work of that employee does not comply with the terms of this contract or if the conduct of that employee becomes detrimental to the work.
Leased Employees Any Leased Employee treated as an Employee under Section 1.31 of the Plan, is: (Choose (h) or (i))
Service Exclusions All of an Employee's years of Service with the Employer shall be counted to determine the vested interest of such Employee except:
Transfers and Seniority Outside Bargaining Unit No employee shall be transferred to a position outside the bargaining unit without the employee's consent. If an employee is transferred to a position outside of the bargaining unit, the employee shall retain seniority acquired at the date of leaving the unit, but will not accumulate any further seniority. If such an employee later returns to the bargaining unit, the employee shall be placed in a job consistent with the employee's seniority. Such return shall not result in the layoff or bumping of an employee holding greater seniority.
DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS The Engineer agrees to comply with the requirements set forth in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements with an assigned goal or a zero goal, as determined by the State.
Positions outside the Bargaining Unit (a) An employee may substitute temporarily in a position outside the bargaining unit for up to fifteen (15) months from the date of the assignment. Bargaining unit employees shall be given the first opportunity to fill the resulting vacancy. The employee shall have the right to return to her or his bargaining unit position prior to the expiry of the fifteen (15) month period by giving the Employer six (6) weeks’ notice. Where an employee is backfilling outside of the bargaining unit for purposes of pregnancy and/or parental leave, the period of time will be extended up to nineteen (19) months from the date of the assignment. An employee who remains outside of the bargaining unit beyond the period covered by this article shall lose all seniority. When the employee returns to the bargaining unit, all other employee(s) shall revert to their previous positions. An employee must remain in the bargaining unit for a period of at least three (3) months before transferring out of the bargaining unit again or she or he will lose all seniority held at the time of the subsequent transfer unless the parties agree otherwise.
(b) An employee who accepts a transfer under (a) above will not be required to pay Union dues for any complete calendar month during which no bargaining unit work is performed.
(c) An employee who accepts a permanent position outside of the bargaining unit will lose all seniority held at the time of the transfer.
(d) The Employer will advise the Union of the names of any employees pursuant to Article 9.17(a) or (b).
Removal of Employees City may request Contractor immediately remove from assignment to the City any employee found unfit to perform duties at the City. Contractor shall comply with all such requests.
Not Plan Assets; No Prohibited Transactions None of the assets of the Borrower, any other Loan Party or any other Subsidiary constitutes “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. Assuming that no Lender funds any amount payable by it hereunder with “plan assets,” as that term is defined in 29 C.F.R. 2510.3-101, the execution, delivery and performance of this Agreement and the other Loan Documents, and the extensions of credit and repayment of amounts hereunder, do not and will not constitute “prohibited transactions” under ERISA or the Internal Revenue Code.
Leave Without Pay for Personal Needs 35.15.1 Leave without pay will be granted for personal needs, in the following manner:
35.15.1.1 Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs.
35.15.1.2 Subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs.
35.15.1.3 An employee is entitled to leave without pay for personal needs only once under each of 35.15.1.1
