Common use of WAITING TIME Clause in Contracts

WAITING TIME. A. The parties hereto expressly acknowledge that it is impractical or extremely difficult to fix the nature and extent of the loss to an employee who does not receive his/her pay when it is due. The parties have therefore agreed upon the following liquidated damages, which shall be presumed to be the amount of damages sustained by such a breach of the Agreement. Upon failure of the employer to pay within the stipulated time all waiting time shall be paid for at the rate of straight time at his/her prevailing rate, not to exceed eight (8) hours in twenty-four (24) hour period on a seven (7) day basis. The LMCC may within its discretion, in any individual case, award waiting time for the number of days between the date wages are due and the date said wages are either paid or placed in escrow with the LMCC. B. Any employee, who has not been paid, shall report, within seventy-two (72) hours excluding Saturday, Sunday and holidays after wages are due and payable, to the representative of the District Council who shall immediately notify the LMCC. Any journeyman who does not report not receiving wages within the time limits prescribed in this paragraph shall have no claim for waiting time under this Agreement. Where the Employer requests an employee to wait beyond the seventy two (72) hour period and continues to withhold payment, the amount of the waiting time shall be governed by state law. X. Xxxxx occasioned by accidents beyond the control of the employer shall not be construed as a violation of Article 15. D. When the LMCC is notified that a journeyman has not received wages due and such notification is received within the time limits prescribed in Paragraph "B" above, the paid representative of the LMCC shall immediately contact the employer, by telephone or fax, and notify him/her that a claim for wages due has been made and instruct said employer to make immediate payment. Failure to contact the employer shall not relieve him/her of any obligation under this section. Said employer shall be advised that waiting time may continue to accrue until payment is made. E. In the event an employer disputes the claim for wages as to its validity or the amount claimed the paid representative of the LMCC shall instruct the employer to post the disputed amount with the LMCC pending a decision on the matter by the appropriate committee or committees. The employer shall be advised that waiting time may continue to accrue until the disputed wages are deposited with the LMCC. Waiting time shall cease to accrue as of the date wages are paid to the journeyman or deposited with the LMCC.

WAITING TIME. A. The parties hereto expressly acknowledge that it is impractical or extremely difficult (A) Consistent with this Article XIII, Employees are entitled to fix payment for a lost shift in instances where the nature Employer, at its discretion, determines no work will be performed on a scheduled work day (“Waiting Time”). Journeymen and extent of the loss to an employee who does not receive his/her pay when it is due. The parties have therefore agreed upon the following liquidated damages, which shall be presumed to be the amount of damages sustained by such a breach of the Agreement. Upon failure of the employer to pay within the stipulated time all waiting time Helpers shall be paid Waiting Time for any day(s) or regular shift(s) lost during the normal scheduled work week. For any day lost during any one work week, the Waiting Time payment shall be a lump sum which is the equivalent of four (4) hours’ pay plus per diem, if applicable, for Journeymen and three (3) hours’ pay plus per diem, if applicable, for Helpers. Such payment shall be at the rate of straight time at his/her prevailing rate applicable on that particular job. Employees shall not receive any fringe benefit contributions as part of any Waiting Time payment. (B) The applicable Waiting Time for each State is based on the applicable straight time rate and not on any premium rate, . Waiting Time is not to exceed payment for any hours worked and in no event shall the Waiting Time payment be included in counting the eight or forty hours after which overtime is payable. (8) hours in twenty-four (24C) hour period If no work is performed on a holiday designated by this Agreement falling on a regularly scheduled work day, Journeymen and Helpers shall be paid Waiting Time. , If an official holiday as designated by this Agreement comes on a Sunday, and the Employer is working a regular six day (or fewer) week, such Journeymen and Helpers will not be paid Waiting Time for that day. (D) If the regularly scheduled work week is less than seven (7) day basis. The LMCC may within its discretiondays, in any individual case, award waiting time for the number of days between the date wages are due Journeymen and the date said wages are either paid or placed in escrow with the LMCC. B. Any employee, who has not been paid, shall report, within seventy-two (72) hours excluding Saturday, Sunday and holidays after wages are due and payable, to the representative of the District Council who shall immediately notify the LMCC. Any journeyman who does not report not receiving wages within the time limits prescribed in this paragraph shall have no claim for waiting time under this Agreement. Where the Employer requests an employee to wait beyond the seventy two (72) hour period and continues to withhold payment, the amount of the waiting time shall be governed by state law. X. Xxxxx occasioned by accidents beyond the control of the employer Helpers shall not be construed as a violation paid any Waiting Time for the days lost which are not part of Article 15the regularly scheduled work week. D. When (E) If a Journeyman’s Assembly Point is moved from one location to another, he shall be paid a lump sum equivalent of eight hours at the LMCC straight time rate whether any working time is actually lost or not. Such hours are not considered compensation for any hours worked and shall not be counted in computing the forty hours after which overtime is payable, and no fringe benefit contributions shall be required in connection with such moving time payment. (F) If the Assembly Point for a Helper or Graded Helper is moved, such Helper or Graded Helper shall be paid a lump sum equivalent of four hours at the straight time rate whether any working time is actually lost or not. Such hours are not considered compensation for any hours worked and shall not be counted in computing the forty hours after which overtime is payable, and no fringe benefit contributions shall be required in connection with such moving time payment. (G) If one or more days of work are lost during the work week and Journeymen/Helpers are paid Waiting Time for such lost days, then Employer may require Journeymen/Helpers to make up such lost days in the future by working on days which are not part of the regularly scheduled work week without incurring any liability for payment of Waiting Time on such days not worked in the future. However, once the Employer declares a make-up day, such day must then be worked or, if no work is provided on such day, then Waiting Time will be paid. The Employer must declare its intent to work no later than 10 a.m. the day prior to the day the Employer plans to work. The Employer shall notify the Employees directly; informing only the Xxxxxxx shall not constitute sufficient notice. (H) Even if no days are lost during the regularly scheduled work week, those Journeymen/Helpers regularly employed in utility, tie-in crews, gate or valve settings, road crossings or fabrication work may work on the days not part of the regularly scheduled work week or on holidays without the Employer becoming liable for Waiting Time payments to the other Journeymen/Helpers. Helpers and those Journeymen regularly employed as xxxxxxxx bead Welders, hot-pass Welders, firing line Welders, spacers, or stabbers may be worked in tie-in crews, gate or valve settings, road crossings, or utility or fabrication work on the days not part of the regularly scheduled work week or on holidays, when needed, without the Employer becoming liable for Waiting Time payments to other Journeymen/Helpers provided each Journeyman/Helper in the classifications needed is given equal opportunity to work, starting with the firing line. (I) If the regularly scheduled work week is less than seven (7) days, in emergencies, when the Business Agent of the Local Union is notified that a journeyman has beforehand, Employer may require Journeymen and Helpers to work on the days not received wages due and such notification is received within the time limits prescribed in Paragraph "B" above, the paid representative part of the LMCC shall immediately contact the employer, by telephone or fax, and notify him/her that a claim regularly scheduled work week without incurring liability for wages due has been made and instruct said employer to make immediate payment. Failure to contact the employer shall Waiting Time payments on future such days not relieve him/her of any obligation under this section. Said employer shall be advised that waiting time may continue to accrue until payment is madeworked. E. In the event an employer disputes the claim for wages as to its validity or the amount claimed the paid representative of the LMCC shall instruct the employer to post the disputed amount with the LMCC pending a decision on the matter by the appropriate committee or committees. The employer shall be advised that waiting time may continue to accrue until the disputed wages are deposited with the LMCC. Waiting time shall cease to accrue as of the date wages are paid to the journeyman or deposited with the LMCC.

WAITING TIME. A. The parties hereto expressly acknowledge that it is impractical or extremely difficult Where, due to fix the nature and extent of the loss to causes beyond his/her control, an employee who does has waiting time because of machine shortage of materials or the like or because of an unacceptably low workshop temperature, and the employee concerned is not transferred to other work for which a different payment has been fixed, the employee shall • in the case of piecework - receive his/her pay when it average earnings from both piecework and time-rate work in the preceding quarter, and • in the case of time-rate work - continue to receive his/her usual time rate. However, any existing arrangements shall not be impaired by this provision. Attendance in vain Where an employee attends for work and through no fault of his/her own is duesent home without having been set to work, he/she shall receive, as payment for attending for work in vain, the normal payment for four hours' time-rate work. The parties have therefore agreed upon If he/she is sent home due to other employees' stoppage of work, the following liquidated damages, which enterprise shall be presumed exempted from any obligation to pay. However, employees who have been asked by the enterprise to attend for work during a strike and who can prove that they attended for work without being set to work shall be entitled to payment under the amount first paragraph. Weather Employees may be sent home without pay if the weather conditions for outdoor work make it impossible to perform the work. Employees who have been sent home shall resume work once the unfavourable weather conditions are no longer present. Unless otherwise agreed locally, the pay period shall be two weeks and shall normally be reckoned from the beginning of damages sustained by such a breach of the Agreementcalendar week. Upon failure of the employer to pay within the stipulated time all waiting time Wages shall be paid on the first succeeding Thursday after the end of the pay period. If, for at administrative reasons, it is found to be more expedient to prolong the rate of straight time at his/her prevailing rate, not to exceed eight (8) hours in twenty-four (24) hour period on a seven (7) day basis. The LMCC may within its discretion, in any individual case, award waiting time for the number of days between the date wages are due end of the pay period and the date said pay day, an agreement concerning payment of wages are either paid or placed in escrow with the LMCC. B. Any employee, who has not been paid, shall report, within seventy-two (72) hours excluding Saturday, Sunday and holidays after wages are due and payable, to the representative of the District Council who shall immediately notify the LMCC. Any journeyman who does not report not receiving wages within the time limits prescribed in this paragraph shall have no claim for waiting time under this Agreementon Fridays may be made locally. Where the Employer requests an employee to wait beyond the seventy two (72) hour period and continues to withhold payment, the amount of the waiting time shall be governed by state law. X. Xxxxx occasioned by accidents beyond the control of the employer shall not be construed as a violation of Article 15. D. When the LMCC is notified that a journeyman has not received wages due and such notification is received within the time limits prescribed in Paragraph "B" above, the paid representative of the LMCC shall immediately contact the employer, by telephone or fax, and notify him/her that a claim for wages due has been made and instruct said employer to make immediate payment. Failure to contact the employer shall not relieve him/her of any obligation under this section. Said employer shall be advised that waiting time may continue to accrue until payment is made. E. In the event an employer disputes the claim for wages as to its validity or the amount claimed the paid representative of the LMCC shall instruct the employer to post the disputed amount with the LMCC pending a decision on the matter by the appropriate committee or committees. The employer shall be advised that waiting time may continue to accrue until the disputed wages are deposited with the LMCC. Waiting time shall cease to accrue as of the date wages are paid in cash, such payment shall take place during working hours. In enterprises where the majority of the employees are covered by another collective agreement than the present one, the employees covered by this Agreement shall follow the pay period and payment of wages rules which apply to the journeyman majority of the employees. Where the pay day falls on a weekday holiday, the wages shall be paid two days before such holiday. However, the enterprises shall be entitled to pay the wages by payment of an advance two days before the weekday holiday and payment of the balance on the next normal pay day. Employees who have resigned shall be entitled to have their wages sent to them for payment on the first normal pay day after their resignation. At the option of the enterprise the wages shall be paid in cash or be deposited with in a bank, including a postal giro account. However, it shall be up to the LMCCindividual employee to decide the bank and type of account. An itemised pay statement shall be handed out to the employee, possibly electronically*.

WAITING TIME. A. The parties hereto expressly acknowledge that it is impractical or extremely difficult to fix the nature and extent of the loss to (i) If an employee who does not receive his/her pay when it is due. The parties have therefore agreed upon the following liquidated damages, which shall be presumed to be the amount of damages sustained by such a breach any payment of the Agreement. Upon failure wages that he is entitled to by 5:00 pm on Pay day and the payment is not received because of an error or fault of the employer to company and provided that the Company is notified immediately in writing, then the Company will pay within the stipulated time all employee waiting time shall be paid for at the rate of straight time at his/her prevailing rate, not to exceed eight (8) hours in twenty-four (24) hour period on a seven (7) $150 for each full calendar day basis. The LMCC may within its discretion, in any individual case, award waiting time for the number of days between the date wages are due and the date said wages are either paid or placed in escrow with the LMCC. B. Any employee, who has not been paid, shall report, within seventy-two (72) hours excluding Saturday, Sunday and holidays after wages are due and payable, to the representative of the District Council who shall immediately notify the LMCC. Any journeyman who does not report not receiving wages within the time limits prescribed in this paragraph shall have no claim for waiting time under this Agreement. Where the Employer requests an employee to wait beyond the seventy two (72) hour period and continues to withhold payment, the amount of the waiting time shall be governed by state law. X. Xxxxx occasioned by accidents beyond the control of the employer shall not be construed as a violation of Article 15. D. When the LMCC is notified that a journeyman has not received wages due and such notification is received within the time limits prescribed in Paragraph "B" above, the paid representative of the LMCC shall immediately contact the employer, by telephone or fax, and notify him/her that a claim for wages due has been made and instruct said employer to make immediate payment. Failure to contact the employer shall not relieve him/her of any obligation under this section. Said employer shall be advised that waiting time may continue to accrue until payment is made. E. In the event an employer disputes the claim for wages as to its validity or the amount claimed the paid representative of the LMCC shall instruct the employer to post the disputed amount with the LMCC pending a decision on the matter by the appropriate committee or committees. The employer shall be advised that waiting time may continue to accrue which elapses until the disputed wages are deposited with the LMCCerror is corrected. Waiting time shall cease will accrue from 5:00 pm on Pay Day or from when the company is notified of the error whichever is the latter. (ii) If the employee only receives part of the payment of the wages that he is entitled to receive by 5:00 pm on Pay Day and the payment is not received because of an error or fault of the Company and provided that the Company is notified immediately: (a) If the error is for more than $100 Gross, the company has one (1) working day (24 hours) from 5:00 pm on Pay Day to remedy the fault by paying the employee the amount owing to the employee otherwise waiting time will commence to accrue from 5:00 pm on the next working day after pay day or 24 hours from when the company has been notified, whichever is the latter, until the error in wages is paid by the company. (b) If the error is for less than $100 gross the company will remedy the problem as soon as practical and no waiting time is payable. (iii) For the purpose of this clause: (a) An error of the date company will not include an error made by the Bank, Financial or the EFT network; (b) Pay Day is the day upon which the company is required to pay the employees their wages are paid to the journeyman or deposited in accordance with the LMCCAgreement (currently Wednesday) (c) Notification means that the affected employee must notify his supervisor or one manager up of the discrepancy as soon as possible on the Pay Day so that rectification can proceed. The Company is deemed to be notified only when one Team Leader or the Manager has been told of the problem by the affected employee, and the appropriate notification form has been signed and dated by the employee and manager. (d) Wages means normal time earnings, overtime earnings and allowances. (e) Higher duties Any employee engaged by the company for 3 or more hours continuously in a day on duties carrying a higher rate than his or her regular classification, shall be paid the higher rate for all time worked that day at the higher level; if less than 3 hours, he or she shall be paid at the rate for their regular classification. This clause is intended to cover acting in higher duties for the purposes of covering absence due to leave or training and shall not include time regularly worked for incidental purposes such as relieving for meal breaks etc.