CEP Local 298

cep298@monarch.net        Negotiations Files


It is disappointing that Eurocan does not want to talk about some of the language that the union is proposing

We have been asked what is some of the "NO COST" language that the company refuses to talk to the Union about or the news papers or radio.

Why has the company not put these union positions in the news paper? Probably because it does not fit with the misinformation the company is pedaling. If they can get the public believing a lie then people will attack the union.

Why did they not close Smithers mill? Probably because no one from Smithers would be able to put pressure on use, but closing the Terrace mill and guess what happens?

Here is some of the "NO COST" language.


In the contract now

The Company and Union recognize their respective obligations and responsibilities to provide a work environment free from sexual and personal harassment.

This will be added:

Union representatives conducting union business at work will be free from harassment.


This language is in the labour code Successorship

In the event of change of employer status, members of Local 298 will retain all of their rights under the collective agreement. In the event Eurocan sells or transfers its operation, it will ensure that the new employer is aware of and bound by this provision.


This is already won at arbitration Site Structure

The employer will not divide or sell off any components of the existing Eurocan Pulp and Paper and Terminal complex. For clarification, the division of the mills departments into Pulpco, Maintco, Steamco in any manner that resembles the Fletcher Challenge corporations division of its' pulp mills. Nor will the company contract out any divisions or departments services in their entirety or partiality.


Clerical and Technical Services

All clerical and technical services now performed by the clerical and technical staff at Eurocan Pulp & Paper and Terminal operations in Kitimat will continue to be performed by the existing Eurocan clerical and technical staff at Eurocan Pulp & Paper and Terminal operations in Kitimat. All clerical and technical services now performed by bargaining unit members will continue to be performed by bargaining unit members. Bargaining unit members will perform any new clerical and technical services introduced in the future.


New Article -Legislative Change

Should any statute or regulation render any part of this agreement null and void, or reduce or eliminate benefits the remainder of the terms of the Agreement shall continue in effect and in that event, or in the event that legislation or regulation substantially alters the operation or effect of any provision of this Agreement, the parties agree that they will meet forthwith to negotiate in good faith modifications to the agreement which will achieve the original intent of the agreement to the full extent legally possible if the parties are unable to reach agreement, the parties will refer all outstanding issues to a mutually agreed arbitrator for a binding decision.


Section 1: Cooperation

The Company will cooperate with the Union in obtaining and retaining as members the employees as defined in this Agreement, and to this end will present to new employees and to all supervisors the policy herein expressed.

Add this line

All new employees and rehires will have one hour union orientation with the president of the union or his designate during the first week day dayshift worked by the employee.


Section 2: Union Shop

All employees in the employment of the Company shall, as a condition of continued employment, maintain membership in good standing in the Union. New employees shall, as a condition of continued employment, become members of the Union {{{thirty (30) days after}}} [[[upon]]] becoming employed by the Company.

remove thirty (30) days after and put in upon


Section 3: Canceled over time

In case any employee agrees to work overtime and the company cancels the overtime the employee shall nevertheless receive two (2) hours pay at their regular overtime rate for so agreeing.


Section 3: Canceled over time

In case any employee agrees to work overtime and the company cancels the overtime the employee shall nevertheless receive two (2) hours pay at their regular overtime rate for so agreeing.

Right now if an employee agrees to work overtime and changes their mind they will get disciplined


ARTICLE XIII - BEREAVEMENT LEAVE

Section 1: Compensation

When death occurs to a member of a regular full-time employee's immediate family, the employee will be granted an appropriate leave of absence and he shall be compensated at his regular straight time hourly rate for hours lost from his regular schedule for a maximum of {{{three (3) days }}} [[[5days for day workers and a full tour for tour workers.]]]

Remove three (3) days and add 5days for day workers and a full tour for tour workers. It is hardfor some one to get to a funeral out of town on just 3 days

Section 2: Definition of Family

Members of the employee's immediate family are defined as the employee's spouse, mother, father, brothers, sisters, [[[brothers-in-law, sisters-in-law ]]]sons, daughters, stepchildren, mother-in-law, father-in-law, sons-in-law, daughters-in-law, stepparents, grandparents [[[grandparents of spouse]]] and grandchildren. [[[Uncles and aunts nieces and nephews ]]]

[[[Spouse includes common law spouse and their relatives]]]


This is at NO COST to the company

Section 4: Sabbatical Leave

(a) Employees are entitled to take a sabbatical leave for a terms of up to 1 year;

(b) Employees must give the company at least 1 year's notice prior to taking such leave.

(c) Employees are entitled to bank wages for such leave according to the following schedule:

20% of annual wages for four years prior to the sabbatical
20% of annual wages for five years prior to the sabbatical
10% of annual wages for eight years prior to the sabbatical
10% of annual wages for ten years prior to the sabbatical
5% of annual wages for sixteen years prior to the sabbatical
5% of annual wages for twenty years prior to the sabbatical

. (d) Employees who select banking will be paid as regular employees during their sabbatical leave.

(e) If an employee cancels his intention to participate in a sabbatical, he will be paid out all banked monies within two weeks of notice of cancellation.


Section 4: General Rules

(k) [[[ If for any reason the company can not give the employee their vacation during the vacation year, The company will pay the employee the straight time rate plus pay time and one half for the time worked and the employee will receive equal paid time off in the following year in addition to the regular vacation]]]

Rational:

Every year the company has problems with vacations this is at no cost to the company if they decide not to use it


Section 2: Probationary Period

Until an employee has been on the payroll of the Company for thirty (30) calendar days, or until he has accumulated thirty (30) working days in a ninety (90) calendar day period, he shall be considered a probationary employee (remove this) {{{and shall have no rights under Article XXI with respect to seniority.}}}

The L.R.B. tells us we have to represent then so it makes the language line up with what is in the act.


Section 2: Apprenticeship Act

It is understood, however, that the grievance procedure as set forth in Article XXXI - Adjustment of Complaints, shall not be applicable to those matters covered by the Apprenticeship and Tradesmen's Qualification Act which, by said Act, are deemed to be outside the jurisdiction of the Union.

The present government is looking at dismantling the Apprenticeship program and says it should be in contracts and that is what we are trying to do by adding the following.

[[[The provision of the present Apprenticeship and the Tradesmen’s Qualification Act will be maintained by the Company even if the legislation is changed by the Government. In the event of legislative change, the previous legislative provisions will be subject to the grievance procedure.]]]


ARTICLE XXVIII - SAFETY AND
OCCUPATIONAL HEALTH

We want this language added to protect our members

Section 1: Principle

Employees and the Company are to comply with established safety rules as amended by the Joint Safety Committees from time to time. Employees will not be expected to operate with unsafe equipment or under unsafe working conditions [[[or without the proper training. Proper training will be determined by the worker, the area Safety Captain and the union Central Safety Committee.]]]. Employees are expected to report immediately any unsafe equipment. An employee who has reasonable cause to believe that an unsafe condition exists may refuse to work under such conditions without being subject to discipline. [[[No employee or employees shall be discriminated against in any way or discharged, or disciplined, for activities they may engage in related to health and safety.]]]


ARTICLE XXVIII - SAFETY AND
OCCUPATIONAL HEALTH

Section 2: Joint Safety Committee

Because of problems we have had we wanted this language added

(a) The Union and the Company shall cooperate in selecting one or more Safety Committees, which will meet at least once a month to consider all safety and occupational health problems. [[[The company will ensure that all their delegates or alternates attend the monthly meetings. The company will ensure that all the union delegates are cleared to attend the meetings.]]]

(b) [[[All safety investigations will be conducted by the Local 298 Union Safety Person or by an individual chosen by the Local 298 Union Safety Person and the Union Central Safety Chair and the Local union.]]]


Section 3: Safety Education

Because of problems we have had we wanted this language added

The Union undertakes to promote safety and occupational health education among its members in an effort to overcome accidents and occupational health problems. [[[Union safety officer and safety committee will set up and run the safety training paid for by the company.]]]

The Company undertakes to promote safety and occupational health education among all its employees in an effort to overcome accidents and occupational health problems.

[[[Safety meetings for tour workers will be held on the first or second night shift on the first tour of the month. Work will be organized to allow the minimum distraction to the workers. Meetings will be organized to allow the participation of all workers. The safety captain or his alternate will chair the meeting.]]]


ARTICLE XXX - DISCIPLINARY ACTION

Because of problems we have had we wanted this language added

[[[No employee can be indefinitely suspended unless there is a clear and present danger to the plant, product, other employees or to the employee himself.]]]


remove {{{MAINTENANCE}}} and add [[[EMPLOYEE]]] CALL IN

remove {{{Maintenance}}} and add [[[All]]] employees called in to take care of emergency situations will be informed by the Supervisor of the nature of the job and the estimated duration.


FIRST AID

The present government is looking at dismantling the First Aid program the union is trying to protect the high standard. That is what we are trying to do by adding the following.

[[[For first aid tickets requirements the existing Level 3 standards will be maintained by the company. The qualifications, certification, the training organizations and locations will be determined by the union.]]]


Chemi washer allowance

Because of problems we have had with staff doing hourly work we wanted this language added.

All Local 298 members working on chemi washer will receive fourdrinier allowance. Employees in the 298 bargaining unit working in all areas of the Company’s operation will be trained on the process and called in to do the work. The order of call in shall be employees from the following departments: pulpmill, steamplant, yard, shiploaders, maintenance, raw materials, terminal/2day, warehouse, and stores.]]]


10 HOUR DAY SHIFT/COMPRESSED WORKWEEK

This is in place in other mills


Because of problems we have had with staff that don’t know our contract or safety process we wanted this language added

[[[ The responsibilities of contract supervisors will be limited to the assigning of work. All safety concerns, job evaluations and discipline of workers will be performed by full time Eurocan supervisors from the department the worker is in at that time.]]]


Scheduling of holidays

The holiday period for day workers will be (7) seven consecutive days and for tour workers (8) eight consecutive days for each week of vacation.


Janitorial Duties

All janitorial duties are to be carried out only by the janitors. The cleaning of fridges stoves micro waves etc. The garbage will be removed by the janitors in all areas of the mill.offices lunch rooms etc, and placed into garbage cans or at garbage collection areas.


Paycheque correctons;

Corrections to paycheques will be made on the day of the complaint at the request of the member and a cheque provided that same day.


Recreation program;

The company is presently doing something like this we are just asking for it in contract.

A fully paid excersise program at an acceptable facility to the union will be made available to all members of Local 298. Cost will be paid by Eurocan.


Re: Training

a) Any worker that is uncomfortable with any task they are asked to perform will receive training at their request and to their satisfaction.

b) With the exception of the training in (a) The same training will be provided to all workers in any department or classification and will be provided on a seniority basis.


PULPMILL/STEAM PLANT UTILITY

Employees who post into the Pulp Mill/Steam Plant shift utility position will have the option of taking a Fourth Class Stationary Engineering Certificate or a Pulp and Paper Technology Certificate or both [[[or an equivalence. Equivalence will be considered a Technical diploma “Technical Diploma” is defined as any combination of education or training, which assists an employee in completion of technical tasks, required within the pulp mill.]]]


Job Transfers

As we found out this could be meaning less language so we want language that means something at arbitration

Remove this{{{It is not the company’s intent to}}} and add this [[[The company will not]]] give a junior employee preference over a senior employee on the basis that the junior employee has acquired experience through a temporary posting or by providing relief.

Because of problems we have had we wanted this language added

All applicants for temporary job postings shall receive a signed copy of their application, with the temporary job posting number on application and the name of the person the temporary job postings is for


Definition of "Supervision". (Memorandum of Agreement dated January 30, 1958)

Because of problems we have had with staff doing hourly work we wanted this language changed

The Union and the Company recognize that supervisors are excluded from the provisions of the Labour Agreement and accordingly it is improper for supervisors (remove this) {{{normally}}} to do the kind of work which is done by those defined as employees in the Agreement.

It is also recognized that for (remove this) {{{the practical and efficient}}} (add this) [[[emergency]]] operation of the mills there are occasions when a supervisor must help. Such occasions must be temporary in nature and must not result in the displacement or exclusion of employees under the Agreement.


Unsafe Working Conditions. (Page 136, 1947 Transcript)

Because of problems we have had with staff disciplining members unjustly we wanted this language changed

(remove this){{{It is not the policy of the Company to require an employee to work under unsafe conditions. It is admitted by the Union and the Company that it is impossible to draw a hard and fast line as to what is safe and unsafe. Being a factual question, each case must be decided on its merits, but in general}}} an employee who (remove this){{{justifiably}}} refuses to work under unsafe conditions would not be subject to discipline.


APPRENTICESHIP TRAINING PROGRAM

Because of problems we have had with staff disciplining members unjustly we wanted this language changed

Because of problems we have had with the Government we wanted this language added

The purpose of the Program is to provide tradesmen of the highest caliber. [[[In order to protect the apprenticeship program against any changes that could negatively impact the skill level and portability of tradespersons in British Columbia,. The Union will determine the level of training required by an apprentice to qualify as a trades person.


APPRENTICESHIP TRAINING PROGRAM

Because of problems we have had with the Government we wanted this language changed

The period of Apprenticeship Training will be as defined by (remove this){{{the Apprenticeship Branch}}} (add this) [[[ the union, as determined by the union,]]] for each trade. The Apprentice will receive the Journeyman rate on successful completion of his Apprenticeship or after successful completion of four (4) years, whichever happens sooner, only on the understanding that he completes his full term of training. If the Apprentice refuses to continue his training, he will be removed from the Program with no standing as a Journeyman in his trade.

6. Apprentices hired with previous training may be placed into the training program at a level determined (add this) [[[solely by the union apprenticeship committee]]] (remove this){{{by the Joint Apprenticeship Committee}}}, with advice from the Apprenticeship Branch.

We have about 9 positions that deal with the "NO COST" changes to Apprenticeship language.


STEAM PLANT [[[and PULPMILL]]] VOCATIONAL LEAVE

Technical Diploma

A “Technical Diploma” is defined as any combination of education or training, which assists an employee in completion of technical tasks, required within the pulp mill. All Pulpmill Technical Diploma leave will be the same as the second class ticket steam plant allowance. Company will grant more leave if the course is longer.]]]


In Solidarity

Peter G. King
President CEP 298