|
|
|
|
|
|
2.10 Site Stability |
|
|
|
|
|
2.10.1 The Parties acknowledge that Division 8 and this
Agreement are designed to achieve
labour relations stability on the Project. It is a
violation of this Agreement for the Parties,
Employers, and Employees to do anything to harm, delay, or
otherwise impede
construction of the Project. Any person engaging in such
conduct will be subject to
immediate removal from the Project site.
2.10.2 HCML may establish reasonable, standard policies
respecting access to the Project site.
In addition, the Parties recognize that the Owner has the
right to create its own policies in
this area. All Employees and CEP representatives will be
required to undergo such
orientations, and agree to such access policies as the
Owner or HCML may require.
2.10.3 The Parties recognize that because there may be
Employees represented by various
Unions working on the Project, there is a possibility of
conflict between Employees
represented by rival Unions, or between Union Employees and
Non-Unionized
Employees. The Parties will not tolerate any form of
violence, harassment, intimidation,
bullying, or any other disparaging or demeaning conduct
directed by Employees, Union
representatives, or other persons, against other Employees,
Union representatives, or
other persons based on Union affiliation, or lack of Union
affiliation. This prohibition
includes all verbal communications, written materials, and
gestures. The Owner and
HCML have the right to remove any Employee, Union
representative, or other person
from the Project site should they engage in any such
activities.
2.10.4 The Parties agree it is in the best interests of the
Owner, the Parties, Employers, and
Employees to have Employees working on the Project who are
free to work for any
Employer, regardless of Union affiliation, or lack of Union
affiliation. The Parties are
aware that certain Unions have Sanctioned their members for
working for Employers
who do not have a Bargaining Relationship with that Union.
The Parties wish to
discourage such Sanctions against Employees. Therefore, the
following will apply:
- HCML will refuse to allow on the Project site any
representative of a Union
which has Sanctioned one or more of its members for working
on the Project for
an Employer who does not have a Bargaining Relationship
with that Union;
- If any Union Sanctions an Employee for working on the
Project for an Employer
who does not have a Bargaining Relationship with that
Union, then HCML may
direct that any check-off, or other Employer remittances to
the Union should
terminate or be suspended (except for payments for pension
or health and welfare
benefits). All Employers notified of this direction will
thereafter cease to make
these payments to the Union named in the direction, and the
amounts withheld
will be retained by the Employers, or paid as directed by
HCML to Employees
who have been Sanctioned. Employers who do not comply with
this provision
will be subject to a reduction of their contracts with the
Owner by an amount that
is equal to 10 times the amount of the payments not
withheld. Any such reduction
will be deemed to be an amount paid as a genuine
pre-estimate of damages
suffered by HCML and/or by another Employer or Employers as
a result of the
Employer's failure to comply with this Article, and not as
a penalty.
- For the purposes of this Article, HCML will be entitled
to audit the books of an
Employer in order to determine whether any amounts referred
to in part (b) of this
Article have been paid to a Union. The cost of an audit
will be borne by the
Employer.
2.10.5 No Employee will refuse, or threaten to refuse to
perform Work for his Employer for
reason that:
- other work was or will be performed, or was not or will
not be performed by any
persons who were not or are not members of a particular
Union; or,
- any materials, manufactured products, fabricated
products or equipment have
been, or will be, provided by any person or Employer who is
not a member of, or
does not have a Bargaining Relationship with, a particular
Union.
|
|
|
<< Previous Article |
Next Article
>> |
|
|
|
|
|
|
PDF
- 289 Kb)