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2.12.1 The Parties recognize that when bidding on Work,
Employers rely on their Bargaining
Relationships, or lack of Bargaining Relationships, in
determining such things as the
amount of their bid and the availability of skilled Trades
persons. As a result, the Parties
believe it is important for Employers to have some
certainty in respect of the terms and
conditions of employment they will be bound by when they
perform the Work.
Therefore, the terms of employment in this Agreement that
are in place and applicable to
an Employer and its Employees at the time the Employer and
the Employees commence
Work on the Project will continue to apply to that Employer
and its Employees
irrespective of a subsequent change in bargaining agent
that may apply to the Employer
and its Employees, for all Work performed until the
Employer has ceased all Work on the
Project. As a result:
- if, at the commencement of its Work on the Project, an
Employer has a
Bargaining Relationship with CEP or another Union in
respect of one or more
Trades, the terms of employment applicable to that Employer
at the
commencement of its Work will continue to apply in respect
of all Work
performed by Employees of that Employer in the those Trades
until the end of the
Project;
- if, at the commencement of its Work on the Project, an
Employer has no
Bargaining Relationship with a Union for a Trade, the terms
and conditions
hereunder applicable to that Employer at the commencement
of its Work will
continue to apply in respect of all Work performed by the
Employees of that
Employer working in that Trade until the end of the
Project;
- the acquisition by a Union of bargaining rights in
respect to an Employer or the
termination of bargaining rights in respect to an Employer
that occurs subsequent
to the Employer commencing Work on the Project will not
alter the terms and
conditions of employment that are applicable to that
Employer and its Employees
when carrying out Work on the Project.
2.12.2 Prior to the start of each Employer’s Work on
the Project site, a Pre-Job Report shall be prepared by the
Employer and, if applicable, the relevant Union. The Pre-Job
Report will be presented to HCML for approval. The Pre-Job
Report will be in a form comparable to the sample provided as
part of Appendix 3. The Pre-Job Report will address the
specific site conditions, bonuses or premiums applicable to
the Employees. The Pre-Job Report may not be used to attempt
to modify any Articles in Part 2 of this Agreement.
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