NATIONAL ROAD SPRINKLER FITTER COLLECTIVE AGREEMENT

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NATIONAL ROAD SPRINKLER FITTERCOLLECTIVE AGREEMENTBETWEENANDLIT YCEDUETIESTADAORGANIZEDOCTOBER 111889NAU N ITDONASSOCIAEDNTIOUNITAF I D. ATE S CENC EPROTOLEB E NE VCTIONUNITEDASSOCIATIONLOCALS UNIONS56, 179, 254, 488, 496, 740,170, 799 AND 853OF THEUNITED ASSOCIATIONJOURNEYMEN AND APPRENTICES OF THEPLUMBING AND PIPE FITTING INDUSTRY OF THEUNITED STATES AND CANADA.OFJune 9, 2004 to April 30, 2007

IXXXXXXXIXXXIIXXXIIIPageRecognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Jurisdiction of Work . . . . . . . . . . . . . . . . . . . . . . . 1Territorial Jurisdiction . . . . . . . . . . . . . . . . . . . . . . 5Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Hiring Procedures . . . . . . . . . . . . . . . . . . . . . . . . . 7Union Dues Check-Off . . . . . . . . . . . . . . . . . . . . . 8National Sprinkler Industry Joint Trainingand Apprenticeship Committee . . . . . . . . . . . . . . 10Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Overtime and Shift Work . . . . . . . . . . . . . . . . . . 13Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Holiday and Vacation Pay . . . . . . . . . . . . . . . . . . 18Free Zone Limits . . . . . . . . . . . . . . . . . . . . . . . . . 18Daily Travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Transportation and Living Expenses . . . . . . . . . . 20Pay Day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22National Sprinkler Industry Joint Trainingand Apprenticeship Fund . . . . . . . . . . . . . . . . . . 23Insurance Fund . . . . . . . . . . . . . . . . . . . . . . . . . . 24Sprinkler Industry Pension . . . . . . . . . . . . . . . . . 25Labour Service Fee and Association Industry Fund . . 26Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Sub-Contracting . . . . . . . . . . . . . . . . . . . . . . . . . 27Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28No Strike or Lockout . . . . . . . . . . . . . . . . . . . . . 28Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Working Conditions . . . . . . . . . . . . . . . . . . . . . . 29Union Stewards . . . . . . . . . . . . . . . . . . . . . . . . . . 29Union Representatives . . . . . . . . . . . . . . . . . . . . 29Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . 30Reporting Time . . . . . . . . . . . . . . . . . . . . . . . . . . 31On the Job Injury . . . . . . . . . . . . . . . . . . . . . . . . 32Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . 32Default of Payment . . . . . . . . . . . . . . . . . . . . . . . 33Targeting Clause . . . . . . . . . . . . . . . . . . . . . . . . . 34

XXXIV Duration of Agreement . . . . . . . . . . . . . . . . . . . . . 35XXXV Renewal of Agreement . . . . . . . . . . . . . . . . . . . . 35XXXVI Bereavement Leave and Pay . . . . . . . . . . . . . . . . .35Letter of Understanding 1998/Residential . . . . . . . . . . . . . . 36Letter of Understanding (1990) . . . . . . . . . . . . . . . . . . . . . . . 40Letter of Understanding (1992) . . . . . . . . . . . . . . . . . . . . . . .40Exhibit “A” Labour & ManagementCooperation Committee . . . . . . . . . . . . . . . . . . . . . . . . . . 43Appendix 2 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44Appendix 1 Wage Schedules . . . . . . . . . . . . . . . . . . . . . . . . .49U.A. Head Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100United Association Sprinkler Unions . . . . . . . . . . . . . . . . . .101Other Parties for Information . . . . . . . . . . . . . . . . . . . . . . . 102United Association Ontario locals . . . . . . . . . . . . . . . . . . . . 105Other Parties for Information . . . . . . . . . . . . . . . . . . . . . . . .107

COLLECTIVE AGREEMENTThis Agreement made this 9th day of June, 2004 by and betweenthe Canadian Automatic Sprinkler Association for and on behalfof its members (hereinafter referred to as the Employer) and theUnited Association of Journeymen and Apprentices of thePlumbing and Pipe Fitting Industry of the United states andCanada for and on behalf of Local Unions 56, 179, 254, 488,496, 740, 799 and 853 (hereinafter referred to as the Union).ARTICLE 1RECOGNITION1.01The Canadian Automatic Sprinkler Association for andon behalf of its contractor members and all other employing contractors becoming signatory hereto, recognize the Union as thesole and exclusive bargaining representative for all journeymensprinkler fitters and their apprentices in the employ of Employersand engaged in any and all work covered by this contract withrespect to wages, hours, and other terms and conditions of theAgreement. The Union also recognizes the Canadian AutomaticSprinkler Association as the sole collective bargaining agencyfor its employing contractor members who contract for workwhich comes within the jurisdiction of the Union.ARTICLE IIJURISDICTION OF WORK2.01The assignment of work of the sprinkler fitter andapprentice shall consist of the installation, maintenance, repair,servicing, inspection backflow installation, and caulking ofsleeves of fire suppression systems, including but not limited tosprinkler, halon, foam, clean agent, CO2 and dry chemical systems, including the unloading, handling, and installation by handor with power equipment, of all piping or tubing, appurtenancesor equipment pertaining thereto, including both overhead andunderground water mains, fire hydrants and hydrant mains,–1–

standpipes and hose connections to sprinkler supply mains,sprinkler tank heaters, air lines and thermal systems used in connection with sprinkler and alarm systems, also all tanks andpumps connected thereto, and other fixed systems used for fireprotection purposes.This assignment of work shall also include the erection and dismantling of steel scaffolding, the operation and use of poweroperated scaffolding, the handling and use of swing stages, andall scaffolding a sprinkler fitter or his apprentice may use in theperformance of their job.2.02A sprinkler system for fire protection purposes is anintegrated system of underground and overhead piping designedin accordance with fire protection engineering standards. Thesystem includes a suitable water supply such as gravity tank, firepump, reservoir or pressure tank and/or connection by underground piping to a city main. The portion of the sprinkler system above ground is a network of specially sized or hydraulically designed piping installed in a building, structure or area generally overhead, and to which sprinklers are connected in a systematic pattern.The system includes a controlling valve and a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over thefire area. Acceptable definitions of other fixed systems used forfire protection purposed will be as written in the applicableNational Fire Protection Association standard.2.03Notwithstanding any reference in the agreementsbetween various local unions of the United Association ofJourneymen and Apprentices of the Plumbing and Pipe FittingIndustry of the United States and Canada, and the Plumbing andMechanical contractors associations representing these contractors, to the inclusion in the scope of work covered by thisAgreement between the Employer and other signatories to thisAgreement, such fire protection work will be carried out solelyby sprinkler fitters and apprentice members of the Union.–2–

2.04The Union shall accept all materials as delivered by orfor the Employer and the handling of such materials shall be performed by members of the Union, providing that all bench workand pipe fabrication is performed by members of the UnitedAssociation.2.05All the assembling, fabrication and installation of welded pipe formations will be performed either on job site, or in ashop by members of the Union receiving the rates of pay applicable in each area. The Employer may place the fabrication of theabove mentioned welded materials in a pipe fabrication shoppaying the Building Trades wage rates established in the areawhere the shop is located and bearing the United AssociationUnion Label.2.06Sewer and Water Lines and Instrumentation(A)The parties hereto recognize the agreements, decisionsand assignments contained in the Green Book as presently written August 5, 1982 containing the plan for the settlement of jurisdictional disputes including the “Decisions Rendered byNational Referee William L. Hutcheson” shown on pages 137 to144 inclusive which states the January 23, 1941 Agreementsigned by the Presidents of both the Labourers and the UnitedAssociation does not apply to the laying of sewer pipe from themain sewer into the dwelling and it further states such work shallbe done by members of the United Association.(B)The parties further recognize the January 23, 1941Agreement only refers to work on subways, tunnels, highways,viaducts, streets and roadways in connection with sewer andwater mains and makes no mention of underground piping onwork sites or industrial projects.(C)On-site underground storm and sanitary sewers, theunloading, handling, distribution and installation of same shallbe assigned in accordance with the Hutcheson Decision mentioned in”A” above covering storm and sanitary sewers also onlyarea practice shall form the criteria to be used in making assign–3–

ments on water service lines from the building to the main inaddition to mill water supply lines and fire lines from the sourceto an industrial plant building.(D)All controls and instrumentation forming part of a fireprotection system shall be assigned in accordance with the WardPillard Agreement signed on April 7, 1976.(E)Unless the above criteria is effectuated by any assignment Tribunal Items A, B, C and D shall not be subject to anyLocal, provincial, national or international jurisdictional settlement procedure(s) which presently exists or that may be established in the future.(F)The second year apprentice rate of wages shall apply atthe option of the Employer, to apprentices or helpers performingwork on sewers and water lines under the supervision of a U.A.journeyman. The number of journeymen and the size of the crewshall be the option of the employer. In order to implement thissection, unemployed members will be employed at the secondyear rate and if not available Item 5.02 of Article V - HiringProcedures shall apply, and the limitation on the hiring of newapprentices under Item 5.04 shall not apply.(G)All stands, brackets, supports and all piping, fittings andequipment, including tanks, pumps, compressors, etc., used in orfor all types of fire protection systems, shall be unloaded, handled, distributed and installed by U.A. members in accordancewith the past practice of the signatory company and shall not besubject to any local, provincial or international procedures for thesettlement of jurisdictional disputes unless otherwise mutuallyagreed upon by the parties to this Agreement.2.07Tagging. When required the tagging and labelling ofpiping, valves, panel boards, controls and piping equipment foridentification purposes shall be performed by U.A. journeymenor apprentices.2.08Non-Destructive Testing. For on-site work where theEmployer is responsible for non-destructive testing and performs–4–

such work, this work shall be performed in accordance with anagreement acceptable to the Union.2.09Any jurisdictional dispute arising from the implementation of Article 2 may be submitted to the appropriate provincialtribunal in accordance with provincial law.ARTICLE IIITERRITORIAL JURISDICTION3.01This Agreement applies to Canada, excluding theProvince of Quebec, coming under the jurisdiction of LocalUnion 144 where government legislation prevails.3.02The following outlines the territorial jurisdiction ofLocal Unions under the terms of this Agreement.Local Union 56:The Province of Nova ScotiaLocal Union 740:The Province of Newfoundland andLabradorLocal Union 799:The Province of New Brunswick andPrince Edward IslandLocal Union 853:The Province of Ontario. The Province ofOntario shall be divided into four zones:Zone 1 - Ontario East. The eastern portionof the Province of Ontario, east of line Adrawn between Pembroke and Kingstonand including those cities.Zone 2 - Ontario Central. The Province ofOntario west of said line A, and includingall the Province of Ontario up to line Bdrawn due north from the junction ofCumberland and Arther Streets in the cityof Thunder Bay, but excluding the city ofThunder Bay.–5–

Zone 3 - Ontario West. The Province ofOntario west of said line B, and includingthe city of Thunder Bay.Zone 4 - Metro Toronto. The City ofToronto in the Province of Ontario, withinthe thirty-five (35) mile radius of TorontoCity Hall, with the western boundarybeing Highway #25 from the point ofintersect of the radius line and Highway#25 to Lake Ontario. The eastern boundary is the point of intersect of radius lineand the northern shoreline of LakeOntario. Southern boundary to be northern shoreline of Lake Ontario.Local Union 254:The Province of ManitobaLocal Union 179:The Province of SaskatchewanLocal Union 488:The northern part of the Province ofAlberta i.e. that potion of the Province ofAlberta north of parallel of latitude 52.15running east and west through the centreof the city of Red Deer, and North WestTerritories.Local Union 496:The southern part of the Province ofAlberta i.e. that portion of the Province ofAlberta south of parallel of latitude 52.15running east and west through the centreof the city of Red Deer.Local Union 170:The Province of British Columbia–6–

ARTICLE IVUNION SECURITY4.01The Employer will employ as Employees, members ofthe Union in the performance of all servicing, fabrication andinstallation work within the scope of this Agreement and willcontinue in its employ only employees who are members in goodstanding with the Union.4.02Members of the Union will not be permitted to work forany contractor unless he receives equal conditions, wages andbenefits as provided for in this Agreement.4.03If the Union is requested to dispatch sprinkler fitters to acontractor to whom there has been no referral under this currentagreement, the Union will promptly notify C.A.S.A., and furtherwill ensure that the contractor becomes immediately signatorythereto, either by signing the agreement or a letter of understanding.ARTICLE VHIRING PROCEDURES5.01The Employer agrees to engage employees through theservices of the Union office having jurisdiction and will notengage any person until a dispatch slip from the Union office ispresented or clearance is obtained from the Union office. TheEmployer shall have the right to name hire any unemployedmember in good standing of the Local Union having jurisdiction,and will be provided with a dispatch slip by the Union. TheEmployer shall have the right to determine the competency andqualifications of such employees.5.02If, upon request, the Union is unable to supply therequired number of employees, the Employer may secure themfrom other sources, provided however, that such workmen procured from other available sources shall be required by theEmployer to join the Union within 15 days, if qualified and hiredin accordance with Section 5.01. Employees must meet the edu–7–

cational qualifications of the respective local Joint Training andApprenticeship Committee.5.03The Employer shall not discriminate against anyemployee by reason of his age, membership in the Union or hisparticipation in its lawful activities, but may discharge anyemployee for just and sufficient cause.5.04At the discretion of the Local Joint Training andApprenticeship Committee, where apprentices are unemployed,the employer shall not be allowed to hire new apprentices.5.05When a company lays off employees, said companyshall lay off its employees on the following basis:- potential members- travel card members- local union membersFor the purpose of lay off, probationary apprenticesshall be deemed to be potential members.ARTICLE VIUNION DUES CHECK-OFF6.01The Employer shall, as a condition of employment,deduct union dues from the pay of all employees covered by thisAgreement. The Employer also agrees on presentation of anauthorization from the employee, to deduct Initiation Fees.6.02All such dues shall be deducted from the employee’s firstpay of each month and shall be remitted to the Secretary/Treasurerof the Local Union having jurisdiction, by the 15th of the monthfollowing, with a list of names and Social Insurance Numbers ofemployees for whom dues have been deducted, together with acheque covering the amount so deducted.6.03Employers who fail to remit dues or contributions to–8–

trust funds within the time limits set forth in this Agreement willhave their employees removed from the jobsite fourteen (14)days after the due date. This clause will not be deemed a violation of this Agreement.6.04In zones listed hereunder where the Local Union has afund or funds set up, the Employer further agrees to pay same onan hours earned basis for all employees covered by thisAgreement, with such hours accumulating for a one month period and being submitted to the appropriate Local Union before the15th of the month following, along with a list of employeesnames and Social Insurance Numbers and a cheque covering thehours so listed.Local (as of June 5, 2001)Inception/Change 79496496496Field Dues35 /hourJune 27, 1992Building Fund20 /hourJune 27, 1992Tuition and Income Support Fund30 /hourMay 1, 1999June 9, 2004DeNovo.02 /hourMarket Enhancement Trust Fund50 /hour August 30, 1998740 Sprinkler Fitter Training Fund35 /hour August 30, 1998Building Fund25 /hourJune 5, 2001Market Enhancement Trust Fund50 /hour January 1, 1999Recreation Fund.05 June 5, 2001Industry Promotion10 /hourJuly 10, 1992Piping Industry Training Committee3 /hourWorking Field Dues1% of GrossManitoba Industry Prom./Bldg. Trades 15 /hourMay 26, 1998Saskatchewan Building Trades Council 5 /hourMay 22, 1998Piping Industry Training Committee3 /hourPiping Industry Training Committee5 /hourMay 1, 1999Working Field Dues1% of GrossSupplemental Benefit Trust3 /hourJuly 10, 1992Market Enhancement Trust Fund 1.25/hour May 1, 1994Alberta & NWT (District of MacKenzie)Building Trades Council5 /hourMay 14,1998488 Supplemental Benefit Trust3 /hourJuly 10, 1992488 Market Enhancement Trust Fund 1.75/hour May 1, 1994–9–

488 Alberta & NWT (District of MacKenzie)Building Trades Council5 /hour488 Organizing25 /hour799 Union Administration30 /hour799 Market Enhancement Trust Fund75 /hourMay 9, 1998June 5, 2001June 5, 2001June 5, 20016.05Should a Local Union decide to reallocate monies fromwages to other funds, after the signing of the Agreement and priorto the expiry of the Agreement, such reallocation of monies shall beallowed twice annually, only on May 1st and November 1st. Suchnotice of reallocation of money would have to be forwarded to theC.A.S.A. office no later than ninety (90) days prior to the abovedates and must be accompanied by revised Wage Schedules.6.06Each wage schedule for the respective Locals is attachedas an appendix I to this Agreement and shall have a standardizedformat consistent for all Provinces.ARTICLE VIINATIONAL SPRINKLER INDUSTRY JOINTTRAINING AND APPRENTICESHIP COMMITTEE7.01All probationary apprentices, upon securing employmentwithin the industry, shall be issued a referral/dispatch slip by theUnion for a probationary period of three (3) months. This probationary period will be registered by the local union and recognized nationally by all parties of the collective agreement.7.02In order to ensure the Sprinkler Fitting Industry of anadequate supply of qualified journeymen and apprentices, theEmploy

This assignment of work shall also include the erection and dis-mantling of steel scaffolding, the operation and use of power operated scaffolding, the handling and use of swing stages, and all scaffolding a sprinkler fitter or his apprentice may use in the performance of their job. 2.02 A sprinkler system for fire protection purposes is an

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