This Collective Bargaining Agreement (the “Agreement”) is effective as of [DATE],
BETWEEN: [YOUR COMPANY NAME] (the "Employer"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at:
[YOUR COMPLETE ADDRESS]
AND: [NAME OF THE SECONDARY PARTY] (the "Union"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at:
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
WARRANTY OF AUTHORIT
The officials executing this Agreement on behalf of the Employer and the Union
s signatory hereto hereby warrant and guarantee that they have the authority to act for, bind and collectively bargain on behalf of the organizations which they represent.
This Agreement shall constitute the complete Agreement between the
arties. There are no other
written or oral.
SCOPE OF AGREEMENT
This Agreement shall cover a
ll [SPECIFY ALL WORK FOR WHICH
UNION WILL BE RESPONSIBLE]
work (hereinafter referred to as the "bargaining unit") in the employ of the Employer signatory
shall apply to all
and activities of the Employer in connection with the work as shall be mutually agreed to by the
TERM OF AGREEMENT
This Agreement is for a term of
months starting on
[AGREEMENT START DATE]
and ending on
[AGREEMENT END DATE]
This Agreement covers the work done by employees of the following types
VARIATION OF EMPLOYMENT AGREEMENT
The clauses of this Agreement may be varied by agreement between the
arties. Any variation shall be recorded in writing and signed by both Parties. The
will not agree to any proposed variation unless it has been ratified by
[SPECIFY REQUIRED MAJORITY]
of votes cast by
nion members who are referred to in the coverage clause of this Agreement.
HOURS OF WORK
mployees (other than
Ordinary hours of work for full-time employees (other than shift
) will be [
] to be worked on
consecutive days per week, at times between [
] and [
SPECIFY LATEST FINISH TIME
Specific hours of work for each employee:
Will be within
range of permissible ordinary hours described above;
Will be specified in writing when the employee starts employment; an
May be varied by agreement in writing between the
mployer and the employee.
SPECIFY WAGES OR SALARY
] of employees bound by this Agreement will be
[SPECIFY AMOUNT, MINIMUM RATES, OR ONE OR MORE METHODS FOR CALCULATING RATES OR MINIMUM RATES]
Over the term of this
, employees bound by this Agreement will be paid in the method of
METHOD OF PAYMENT
RESOLUTION OF EMPLOYMENT RELATIONSHIP PROBLEM
If the employment relationship is to be as productive as possible, it is important that all
arties to this Agreement, and employees bound by this Agreement, deal promptly and effectively with any problems that may arise.
This Agreement sets out information on how problems can be raised and worked through. The particular details are attached as
[SPECIFY SCHEDULE NUMBER]
to this Agreement.
When additional employees are required, the Employer will notify the appropriate Local Union twenty-four (24) hours in advance so that the
may have a reasonable opportunity to refer applicants for employment. If less than twenty-four (24) hours’ notice is given, the
will make every reasonable effort to provide the manpower as soon as possible.
The Employer may reject applicants referred by the Union, but will provide in writing, within two (2) working days, the reasons for any rejection. The Employer may discharge any employee for just and sufficient cause. The Employer agrees to notify the appropriate Local Union in writing of any workers not eligible for rehire and the reason(s) for same. In the event that the
disagrees with the position of the Employer with respect to the appropriateness of the "not eligible for rehire" letter(s)
a former employee or employees, it may submit the matter to the Grievance Procedure, including Arbitration, if the Parties are not able to settle the matter. The "not eligible for rehire" letter(s) sent to the Union will be reviewed quarterly upon the request of the
. This quarterly review upon request of the
of the "not eligible for rehire" letter(s) is not subject to the Grievance Procedure.
The Union will not discriminate against non-
to the Employer, and the Employer will not discriminate against Union members in selecting job applicants referred by the Union.
A copy of this section shall be posted in the Employer's personnel office and in the Local Union's dispatch office.
The Employer may request any
former employee by name and the Union shall refer such person after compliance with the provisions set forth in this section.
The Employer will provide proof of former employment of such person if requested by the Union and the Employer may request any unemployed
by name and the Union shall refer such
has been in the employ of the Employer within the previous thirty (30) days, provided further, that such named
must have been employed by the Employer for a minimum of thirty (30) days within the last ninety (90) days immediately preceding termination by the Employer.
If the Employer hires employees other than those referred by the Union, the Employer shall advise the appropriate Local Union within two (2) working days after such person is hired, as to the name, address, social security number, date of hire, classification, and rate of pay of such employee. The same information shall be furnished in writing by the Employer to the appropriate Local Union within forty-eight (48) hours after the termination of such employee.
The Union and
Employer agree to hold each of the other Parties signatory hereto harmless from any money damages and penalties assessed against them by any
gency or court of law because of any charge of unfair labor practice or act, where such practice or act was approximately or solely caused by any one of the
The Employer and the Union agree that there will be no discrimination in employment because of race, creed, color, national origin, age, sex or handicap, as defined by
or shall there be any discrimination
disabled veterans. In referring to employees in this Agreement, the masculine gender is used for convenience only, and shall refer to both males and females. Compliance with
aws shall not be considered discrimination under this sub-section.
SENIORITY FOR THE PURPOSE OF LAYOFF AND RECALL
For the purpose of layoff and recall, the principle of seniority is hereby established for employees in the bargaining unit.
Seniority shall be established after an employee has worked in an established represented classification for a period of ninety (90) cumulative working days within a six (6) month period. Any employee who acquired seniority prior to the effective date of this Agreement shall retain the seniority date currently assigned. Any non-seniority employee hired or rehired after the effective date of this Agreement shall acquire seniority in accordance with this paragraph. There shall be one (1) yard-wide seniority list for utility workers.
An employee's seniority under this
rticle shall be terminated under the following conditions:
If the employee is discharged for
If the employee quits.
If the employee is laid off for lack of work from the Employer's active payroll for a period of one (1) year.
If an employee is absent for three (3) or more consecutive work days without notification to the Employer and
no justifiable reason for such absence
shall be considered to have voluntarily terminated his employment. Exceptional cases will be handled on their merit. Employees on
mployer-approved leave of absence or industrial injury shall not be subject to this provision.
An employee on
mployer-approved sick leave or industrial injury at the time of layoff for lack of work shall be recalled according to his respective seniority recall eligibility, and if still unable to return to work shall be returned to the
mployer's sick leave or industrial injury status.
If an employee fails to report to work at the time specified by the Employer or within forty-eight (48) hours (Saturdays, Sundays and holidays excluded) of an "Official Seniority Recall
The Employer will place his recall order with the
, naming employees eligible to be recalled for such order by
ist. The Employer shall at the time of placing such order send the "Official Notice of Recall" to such eligible employee
in the manner covered in Item 4 below. Upon receipt of such "Official Notice of Recall
" the employee must report for work within forty-eight (48) hours or suffer loss of seniority.
shall make every reasonable effort to notify the employee by telephone of his recall and time to report to the Employer.
Employees contacted by the
shall make every reasonable effort to report to work at the time specified by the Employer.
A list of those employees not contacted by the Union, and
those who inform the Union that they are not answering the recall, shall be given to the Employer within twenty-four (24) hours after the
receives the recall order.
The Employer shall then notify the employee (unless
"Official Notice of Recall" is sent under Item (1) above) by
egistered letter to the employee's last address on record. The Employer shall notify the Union in writing within two (2) working days of receipt of an unacknowledged letter. It is the employee's personal responsibility to maintain a current address
AMENDMENT OF AGREEMENT
This Agreement may be amended by, and only by, a written resolution setting forth in detail
of the present Agreement.
This Agreement shall be binding as upon all successors in interest of the
which includes, but is not limited to, executors, personal representatives, estates, trustees, heirs, beneficiaries, assignees, nominees, and creditors of the
LANGUAGE AND GOVERNING
This Agreement shall be governed by and construed and enforced in accordance with the laws of the [
] of [STATE/PROVINCE], which law shall prevail in the event of any conflict
arties hereto acknowledge that they requested that this Agreement and all related documents be drafted in English, that any notice to be given hereunder be given in English, and that any proceedings between the
arties relating to this Agreement be drafted in English.
ALTERNATIVE DISPUTE RESOLUTION
The Parties to this
greement agree to attempt in good faith to resolve any conflicts
disputes, or claims arising out of this Agreement by negotiation between senior executives or official
. If applicable, Parties agree to consider the utilization of Alternative Dispute Resolution (ADR) procedures in situations concerning disputes between the Parties.
ASSIGNMENT OF AGREEMENT
greement may not be assigned or otherwise transferred by any
arty in whole or in part without the express prior written consent of the other
arties. In the event any Party shall change its corporate name or merge with another corporation, assignment shall be mutually agreed upon by all Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement on [DATE].
Authorized Signature Authorized Signature
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