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2.1 Application of this Part and Resolution
of Grievances |
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2.1.1 The Recitals, and Parts 1, 2, and 5 of this Agreement
are similar to Parts of the Principal
Agreement. These Parts, and their counterparts in the
Principal Agreement, are intended
to create as much uniformity as possible in respect of
certain terms and conditions of
employment for all employees and employers working on the
Project.
Therefore, the provisions in the Recitals, and Parts 1, 2,
and 5 of this Agreement prevail
over any term or condition set out elsewhere in this
Agreement. Any provision in Parts 3
and 4 of this Agreement (including the Appendices referred
to in those Parts), and any
other terms and conditions of employment that would
otherwise apply to Employees and
Employers, do not apply to Employees or Employers in
respect of the Project to the
extent that they conflict with the Recitals or Parts 1, 2,
or 5 of this Agreement.
2.1.2 HCML has the sole authority to decide whether any
provision in Parts 3 and 4 of this
Agreement (including the Appendices referred to in those
Parts) conflict with the
provisions in the Recitals or Parts 1, 2, or 5 of this
Agreement. HCML also has the
authority to decide which Parts of this Agreement apply to
certain Employees and
Employers. HCML’s decisions under this Article will be
final and binding.
2.1.3 Any dispute or grievance relating to whether any Part
of this Agreement, any provision in
any Appendix, any other collective agreement, or any other
contract of employment
conflicts with the provisions in the Recitals, or Parts 1,
2 or 5 of this Agreement, will be
submitted to HCML, in accordance with the procedure set out
below. This Article
displaces and prevails over the grievance and arbitration
provisions in any other Part or
Appendix of this Agreement. The procedure to be followed in
the event of such a dispute
is as follows:
Step 1: The dispute will be submitted by any affected
Employer, an Employee or
Employees, or CEP to HCML by notice in writing within 7
days of the dispute arising.
Step 2: Within 7 days of receipt of notice of the
dispute, HCML will meet with
the party giving notice of the dispute, along with CEP and
any Employers directly
affected by the dispute and will hear representations from
these parties in respect of the
dispute. HCML has the sole discretion and jurisdiction to
determine the specific
procedures to be followed during this meeting.
Step 3: HCML will render its decision in respect to the
dispute within 14 days
after the meeting with the parties. This decision will be
final and binding, and will not be
subject to review by any Court. Decisions made by HCML will
not impose any
retroactive financial liability on HCML, any Employer, CEP,
or any Employee.
2.1.4 All time limits in this Article are directory and not
mandatory.
2.1.5 HCML can amend the procedure outlined in 2.1.3 by
providing CEP with written notice
of the same.
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