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1.1 Definitions |
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1.1.1 "Agreement" means this agreement and includes
the Recitals, Parts 1 through 5 and the
Appendices;
1.1.2 "Bargaining Relationship" means a
collective bargaining relationship established by
voluntary recognition or certification;
1.1.3 “Employee" means any person employed to do
Work in a Trade, and whose Employer
has a Bargaining Relationship with CEP for that Trade on
the day the Employer begins
Work on the Project;
1.1.4 “Employer” means an Employer of Employees;
1.1.5 "Foreign Workers" means Employees, or
prospective Employees, who are not permanent
residents of Canada;
1.1.6 “Industrial Work” means Work on process
facilities, but does not include commercial
Work or any of the Special Projects Work;
1.1.7 "Lockout" means a lockout as defined in
Section 1(p) of the Code, whether or not it is
lawful under the Code;
1.1.8 "Owner" means Canadian Natural Resources
Limited and any successor;
1.1.9 "Parties" means HCML and CEP, together;
1.1.10 “Principal Agreement” means the collective
agreement relating to the Project entered into
between HCML and the Construction Workers Union (CLAC),
Local 63, affiliated with
the Christian Labour Association of Canada (“CLAC”)
effective April 15, 2005;
1.1.11 “Principal Residence” means the place where an
Employee, in the settled routine of his
life, regularly, normally or customarily lives, with the
underlying premise that everyone
must be a resident somewhere. This definition may be
further clarified or amended by a
Liaison Committee established in Article 2.4.1. In no
circumstances may an Employee
claim that his Principal Residence is a construction camp
in the Wood Buffalo region ;
1.1.12 "Project Agreement" means any collective
agreement (including without limitation the
Principal Agreement) entered into pursuant to Division 8,
and relating to the Project and
including, as one of its parties, HCML and/or any other
party designated as, or as part of,
a principal contractor in respect of the Project;
1.1.13 "Sanctioned" means charging a member of a
Union with an offence under that Union's
constitution or bylaws, or trying, fining, suspending,
expelling, or otherwise penalizing
that member under such constitution or bylaws, and includes
threatening to charge, try, or
penalize a member;
1.1.14 “Scheduled Overtime” means all overtime
scheduled as part of the hours in a Shift Cycle
established pursuant to Article 2.6.3, and any overtime
hours pursuant to Articles 2.6.5
and 2.6.6.
1.1.15 "Special Projects Work" means that Work
set out in Appendix 2, and any other Work on
the Project declared by HCML to be Special Projects Work;
1.1.16 "Strike" means a strike as defined in
Section 1(v) of the Code, whether or not it is lawful
under the Code;
1.1.17 "Trade" means a trade jurisdiction, as
defined in Schedule 2 of Alberta Regulation 342/88
- The Construction Industry Transitional Regulation, and
includes any additional trade
jurisdictions which may hereafter be recognized by Alberta
legislation or regulations;
1.1.18 "Union" means any trade union that has a
Bargaining Relationship with an employer for
any Trade; and
1.1.19 "Work" means any construction work in
respect of the Project, except for the Special
Projects Work, and any work performed by the Owner’s
employees. The Work ends in
respect of any portion of the Project when the Owner takes
possession of that portion of
the Project, or commissioning of that portion of the
Project commences. In the event
construction activities are undertaken after the Owner
takes possession or after the start
of commissioning of any part of the Project, and is not
associated with normal
maintenance activities, those activities shall be
considered to be Work under this
Agreement.
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