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LETTERS OF UNDERSTANDING INDEX


* A.  Maintenance Manning on Working Statutory Holidays

* B.  Clothing and Footwear Damage Due to Chemicals

* C.  Vacation Allotment for 12-Hour Tour Workers

* D.  Apprenticeship Program

* E.  Introduction of a New Pension Plan

* F.   Long Term Disability – Adjustment

* G.  Contractors’ Code of Ethics

* H.  Eligibility for Twelve (12) Hour Personal Floating Holidays

*  I.  Job Creation & Working Time

*  J.  Job Security & Job Elimination

* K.  Apprentices & Government Support

* L.  WMD Dispute Resolution – W.I. / L.T.D

* M.  Warehouse 02 / Contracting Out Grievances

* N.  Weekend Student Policy

* O.  Summer Student Policy

* P.   Relief Supervision by Hourly Employees
* Q.  Contracting Out Blanket Notices

 

Letter of Understanding

 

1986 Memorandum of Agreement

 

Maintenance Manning on Working Statutory Holidays

 

  

Mr. Randy Billow

President, Local 456

Canadian Paperworkers Union

P.O. Box 760

New Westminster, B.C.

V3L 4Z9

 

 

Dear Randy,

 

Re:      Letter of Understanding

            Maintenance on Working Statutory Holidays

 

 

The Company agrees that it will consider requests for additional persons off in the Main Shop on Provincial recognized Statutory Holidays which are normal working days at the Western Manufacturing Division.  These requests will be incremental to the regular complement allowed off, but additional leave will be subject to the following two factors:

 

1.         The work scheduled for the day in question.

 

2.         Overall crew availability, taking into account regular time off, normal reduced shifting on Mondays, and absence due to sickness or injury.

 

The Company agrees that time off during this period, if it can be accommodated, is in the interests of employees in order that they receive time off to be with their families.

 

To accomplish this, it is agreed that one week prior to the holiday the Main Shop Maintenance Department will receive requests for time off incremental to regular vacation, banked time, and Special Floating Holidays.  Additional people will then be granted time off subject to the above two factors.

 


 

 

1986 Memorandum of Agreement

 

Letter of Understanding

 

  

July 17, 1986

 

 

TO:                       ALL OPERATING DEPARTMENT MANAGERS

 

FROM:                 Jim Glanville

 

SUBJECT:           CLOTHING AND FOOTWEAR DAMAGE DUE TO CHEMICALS

 

COPY:                  Randy Billow, President, CPU – Local 456

 

 

Periodically an employee’s clothing and/or footwear may incur substantial damage due to accidental contact with one or more of the many chemicals we have at the mill site.

 

Should this type of damage occur, and if the damaged clothing or footwear is either new or in a near new condition, would you please evaluate the circumstances with regard to restoring, repairing, or replacing the damaged article at the Company’s expense.

 

This direction is not designed to replace existing clothing and/or footwear policies and allowances, or to compensate for normal “wear and tear” that is job-related.

 

If you have any questions or require clarification, please contact me.


 

Letter of Understanding

 

Standing Committee – April 12, 1987

 

Vacation Allotment for 12-Hour Tour Workers

 

 

In order to standardize the taking of vacation time by 12-hour tour workers, the following guidelines will apply.

 

All weeks of vacation must be taken on a tour basis with the exception of the final week, which will be used to make up any outstanding vacation hours.

 

All 12-hour tour workers will be allowed to take vacation on a tour basis.  Those employees who wish to only be off from work for their allotted hours will arrange their vacation through their departments in the following manner.

 

Example:

 

1.               Three Weeks of Vacation or 120 Hours

 

                  First Week             =          1 Tour -            48 Hours

                  Second Week        =          1 Tour -            48 Hours

                                                                                     96 Hours

 

                  Third Week            =          2 Days -            24 Hours

 

                                                                                  120 Hours

 

 

2.               Four Weeks of Vacation or 160 Hours

 

                  First Week             =          1 Tour -            48 Hours

                  Second Week        =          1 Tour -            48 Hours

                  Third Week            =          1 Tour -            48 Hours

                                                                                   144 Hours

 

                  Fourth Week          =          2 Days -            16 Hours

 

                                                                                  160 Hours

 

Tour Workers may take 40 hours for their holiday pay or they can take 48 hours holiday pay for the week they are on vacation.

 


 

 

1991 Memorandum of Agreement

 

Letter of Understanding

 

 

 

November 26, 1991

 

 

Mr. Bill Kastelein

President,

Canadian Paperworkers Union, Local 456

Scott Paper Limited

P.O. Box 760

New Westminster, B.C.  V3L 4Z9

 

 

Dear Bill,

 

As stated by Bob Stewart a few years ago, “it has been the Company’s philosophy of development and promotion from within, and the Apprenticeship Program, since its inception in 1968, has provided the basis for the development of our Journeymen.”

 

The number of apprentices enrolled may vary from year to year depending on requirements of the moment.  But we want to assure the employees that our overall philosophy has not changed and we will remain committed to the Apprenticeship program.

 

Consequently, the Company will consider selecting apprentices in future maintenance staffing requirements prior to any decision to hire journeymen.

 

Yours truly,

 

 

R.W. Howcroft

General Manager

Western Manufacturing Division


 

1995 Memorandum of Agreement

 

Letter of Understanding

 

March 21, 1995

 

Jim Hockley

President

CEP, Local 456

 

SUBJECT:           INTRODUCTION OF A NEW PENSION PLAN

 

The Company will provide direction to the Pension Plan employer trustees to support the creation of a new pension plan on the framework and concepts discussed by the Joint Pension Restructuring committee.

 

We support the following principles:

 

a)         The particular features of the new plan must be agreed to by the trustees by September 30, 1996 and would be based on actuarial reviews, the Plan’s ability to support these features and the extent of Company and employee contributions.  In their deliberations in this regard, the trustees will consult with the Joint Pension Restructuring Committee.

 

b)         Subject to the features of the new pension plan being agreed to by the trustees:

 

            i)          The Company and the union are agreed upon the principle of matching contributions, as set out below, based on a percentage of employees’ hourly wage rates (the definition of “hourly wage rate” shall be subject to determination by the trustees).

 

            ii)         To demonstrate their mutual support for and commitment to the new pension plan, the Company and the employees will each contribute one percent (1%) to the new plan effective January 1, 1997.

 

            iii)         Effective on inception of the new plan on January 1, 1997, the current $2.35 per hour contribution will be converted to a percentage of employees’ hourly wage rates.  The specific percentage will be determined by the trustees.

 

            iv)        Upon inception of the new plan, the Company’s one percent (1%) contribution will be in addition to the percentage arising from conversion of the current $2.35 per hour.  It is understood that this overall contribution will continue for a reasonable period of time until the unfunded liability of the existing plan as it relates to past services is sufficiently funded to allow for a reduction of the total company contribution;  this matter will be addressed in the renegotiation of future collective agreements.

 

Bob Howcroft

Division Vice President & General Manager

Western Manufacturing Division


 

Memorandum of Agreement

 

Letter of Understanding

 

Long Term Disability - Adjustment

 

March 21, 1995

 

 

 

a)         Effective May 1, 1994 an employee who is under 60 years of age and has previously reached his/her 10 year anniversary on long term disability, will have his/her future disability benefit recalculated using the greater of his/her existing long term disability benefit or a recalculation using the base rate effective on May 1, 1994.

 

            An employee who reaches his 10 year anniversary on long term disability on May 1, 1994 or later, and is under 60 years of age at that time, will have his/her future disability benefit recalculated using the greater of his/her existing long term disability benefit or a recalculation using the base rate effective on the date of that 10th anniversary.

 

 

b)         The recalculated weekly benefit when combined with all other disability income to which the disabled employee is receiving will not exceed 70% of 40 hours multiplied by the base rate in effect at the time of recalculation.

 

 

 


 

 

1995 Memorandum of Agreement

e of Ethics

 

March 21, 1995

 

 

 

Jim Hockley

President, CEP, Local 456

 

This is to confirm the agreement between the Company and the Local Union respecting the conditions that would apply to contractors coming onto the mill site to perform construction work or perform maintenance and repair work of a nature normally performed by employees in the bargaining unit.  This agreement will prevail for the duration of the Collective Agreement.  In entering into this agreement, the Union acknowledges that, subject to Contracting Article XXIII, the Company retains the right to select contractors as it deems appropriate.

 

No aspect of this policy applies to contractors, which are certified to a Union recognized by the Local Union, it being clearly understood that a Union’s affiliation to the Canadian Labour Congress, the B.C. Federation of Labour or the Confederation of Canadian Unions warrants such recognition.

 

Any other contractor who comes onto the mill site to perform construction work or perform maintenance and repair work, which is of a nature normally performed by employees in the bargaining unit, shall abide by the following Code of Ethics.  This Code defines the terms and conditions under which these contractors and their employees will be governed during the term of their contract.

 

1.         Minimum Wages

 

            The contractor’s straight time hourly rate of pay for a journeyman will not be less than the straight time hourly rate for the equivalent mill journeyman.  The contractor’s straight time hourly rate of pay for all other employees shall not be less than the straight time hourly base rate for the mill.

 

2.         Contributions to the Pulp and Paper Industry Pension Plan

 

            Subject to the approval of the Plan Trustees and the appropriate regulatory authorities, the Company shall remit annually to the Pulp and Paper Industry Pension Plan the following:

 

            a)      For contractors performing maintenance and repair work of a nature normally performed by employees in the bargaining unit – the equivalent contributions.

 

            b)      For contractors performing construction work – one-half the equivalent contributions.


 

3.         Remittance to the Local Union

 

            One percent (1%) of all wages earned calculated on the basis of straight time hours worked shall be remitted to the Local Union on a monthly basis.

 

4.         Adherence to Safety Regulations

 

            Contractors performing construction work are responsible for ensuring that their employees comply with the health and safety regulations and policies applicable to the work being performed.  When the contractors’ employees are performing maintenance and repair work which is of a nature normally performed by employees in the bargaining unit, the contractors and their employees shall adhere to the established health and safety regulations and policies in force at the mill site.  Management commits to deal promptly with any violations brought to its attention by the Joint Health and Safety Committee.

 

5.         Honoring of Picket Lines

 

            Contractors’ employees shall honour all legal picket lines at the mill site.  Failure to do so shall result in disqualification from future access to the mill site for the term of the contract.  A contractor will not be allowed on the mill site if it has a current, demonstrated practice of crossing legal picket lines.

 

The Company will honour the commitments made in this letter for the duration of the Collective Agreement and will ensure that a copy of this letter is provided to any contractor participating in the contract bidding process.

  

Bob Howcroft

Division Vice President & General Manager

Western Manufacturing Division

 


 

 

1998 Memorandum of Agreement

 

Appendix A – Letter of Clarification

 

Eligibility for Twelve (12) Hour Personal Floating Holidays

 

 

 

The intent of this letter is to clarify how Floating Holiday Pay will be administered in those cases where employees transfer or relieve between eight (8) hour and twelve (12) operating schedules.

 

Compensation for each of the five (5) Special (Personal) Floating Holidays as per Article XVIII – Section 1 of the Labour Agreement, will be eight (8) or twelve (12) hours pay at the straight time rate of the employee’s regular job rate.  The hours used to calculate the floating holiday pay will be based on the number of hours he/she would have been scheduled to work on the day the floating holiday has been granted for.

 


 

 

1998 Memorandum of Agreement

 

Job Creation & Working Time – Letter of Understanding

 

 

December 1, 1998

 

 

Mark Booth

Communication, Energy & Paperworkers

  Union - Local 456

805A Henderson Avenue

Coquitlam, B.C.  V3K 1P1

 

 

RE:     JOB CREATION AND WORKING TIME – LETTER OF UNDERSTANDING

 

Commitment to Employment

 

Protecting and enhancing employment at Scott Paper Western Manufacturing Division, New Westminster is a joint commitment of the parties.  The Company and the Local Union agree that stable employment must be based upon economically viable operations, a high level of labour productivity, and quality production.

 

To achieve this objective, the parties will continue to discuss means to preserve and enhance employment on an ongoing basis.

 

The Joint Standing Committees will examine ways to enhance the apprenticeship program and enhancement of employment opportunities through new work arrangements, including reduced overtime and working time alternatives.  If necessary, the parties will consult with Mr. Gary Wouters, the B.C. Jobs Advocate under the Jobs and Timber Accord, to inquire into available provincial government support for these employment initiatives.  The Company agrees to provide the Standing Committee with relevant information to ensure an informed discussion of these issues.

 

Yours truly,

  

Bob Howcroft

Division Vice President & General Manager

Western Manufacturing Division

 

RWH186B/ PAGE 10/dam

 

C.        Jack Fulton


 

 

1998 Memorandum of Agreement

 

Job Security & Job Elimination – Letter of Understanding

 

 

December 1, 1998

 

Mark Booth

Communication, Energy & Paperworkers

  Union - Local 456

805A Henderson Avenue

Coquitlam, B.C.   V3K 1P1

 

RE:     JOB SECURITY AND JOB ELIMINATION – LETTER OF UNDERSTANDING

 

In the event that downsizing occurs under the Job Security and Job Elimination articles of the Labour Agreement, the Company undertakes to discuss the application of the severance pay provisions with the Union.

 

Yours truly,

 

Bob Howcroft

Division Vice President & General Manager

Western Manufacturing Division

 

RWH186B/ PAGE 11/dam

 

C.        Jack Fulton


 

 

1998 Memorandum of Agreement

 

Apprentices & Government Support – Letter of Understanding

 

  

December 1, 1998

 

 

Mark Booth

Communication, Energy & Paperworkers

  Union - Local 456

805A Henderson Avenue

Coquitlam, B.C.  V3K 1P1

 

 

RE:     APPRENTICES AND GOVERNMENT SUPPORT – LETTER OF

            UNDERSTANDING - 1998 NEGOTIATIONS                                   

 

The parties agree that the Joint Apprenticeship Committee shall explore the possibility of working with government to enhancing apprenticeship opportunities at Scott Paper, Western Manufacturing Division, New Westminster.

 

The parties understand that such a program would be based on the principle of cost neutrality to the Company and there would be a requirement for joint representation to Government to access funds for this purpose.

 

Yours truly,

  

Bob Howcroft

Division Vice President & General Manager

Western Manufacturing Division

 

RWH186B/ PAGE 12/dam

 

C.        Jack Fulton


 

Standing Committee – May 24, 2001

 

W.M.D. Dispute Resolution – W.I. / L.T.D.

 

 

A Joint Union / Management Dispute Resolution Committee has been formed to address employees who have a disputed W.I./L.T.D. claim.  This Committee will enhance and follow from the present practices whereby the Occupational Health Supervisor (O.H.S.) and the CEP Local 456  2nd Vice President assist employees with their disputed W.I./LTD claims.

 

 

Objective of Committee

 

The Committee will review W.I. or L.T.D. claims referred to them which have been denied by the carrier, to ensure the claim has been adjudicated in a fair and consistent manner.

 

 

Committee Members

 

(2) Appointed representatives from the CEP.  (1) Alternate.

(2) Management representatives.  (1) Alternate.

 

Alternates must be familiar with the objectives and procedures of the Dispute Resolution Committee.

  

Function of the Committee

 

At the employee’s request, the Committee will review the basis on which the claim has been denied.  This review will ensure that the carrier’s decision was:

 

1.         Adjudicated in a manner consistent with similar claims and the carrier’s contractual obligations.

 

2.         Based on all relevant medical information.

 

3.         Adjudicated in a timely manner.

 

While the Committee may provide assistance to the employee in acquiring additional medical information, (i.e. specialists report), it is not intended that the Committee will interpret or evaluate medical information.  Costs for additional medical reports, requested by the Committee, will be paid by the carrier.

 

The Committee will make every reasonable effort to resolve the claim in dispute.  This may result in the carrier accepting the claim, however, the Committee may also conclude that the claim was properly adjudicated.  The Committee will utilize an independent medical advisor in cases where it is unable to reach consensus regarding resolution of the claim.

 

 

Time Limits

 

Disputed claims will be reviewed within 14 days from the date on which the claim is referred to the Committee.  If the Committee cannot come to a resolve, an independent medical advisor will be brought in to review the disputed claim.  With that review the Committee will be bound to render a decision within (7) days of the consultant’s opinion.

 

 

Training

 

The Company will arrange for appropriate training for the Committee.  This may include, but not limited to, meetings with the carrier in order to develop an understanding of the adjudication process.  The Joint Committee will determine all training.

 

 

Costs

 

The Company will pay wages for training, Committee meetings and related matters as directed by the Committee.

 

The costs associated with the independent medical advisor shall be borne equally by the Union and the Company.

 

 

Confidentiality

 

Employees wishing to refer the disputed claim to the Committee must authorize the release of medical information.

 

Information regarding an employee’s claim and discussions of the Committee will be strictly confidential.

 

All amendments to this document must be approved by the Union / Management Standing Committee.  Either party may cancel this agreement with 30 days written notice.


 

Memorandum of Settlement

 

Warehouse 02 / Contracting Out Grievances

 

 

Original: July 10, 2001

Final: October 31, 2001

 

 

The following sets out the terms upon which we have agreed to resolve all outstanding issues relating to the two grievances filed on February 1, 2000 in connection with our decision to have portions of our warehousing requirements provided by a third party off site.  The terms of the agreement are as follows:

 

1.         This agreement is made on a without prejudice and non-precedent basis by either party, and is not deemed in any way to be an admission of liability by either party, nor does it adversely impact either party’s rights with respect to future conduct.

 

2.         The above referenced grievances, and any and all claims advanced pursuant to them are withdrawn and deemed settled on a non-precedent basis.  The Union will advise the arbitrator(s) that hearings are no longer required.

 

3.         The Company agrees that on May 1, 2002, subject to building completion, it will take over the warehousing functions currently undertaken by First Choice Logistics on its behalf, located at 450 Derwent Place, Annacis Island.

 

4.         In conducting the warehousing functions described above, the Company agrees that the employees performing the functions will be a part of the New Westminster bargaining unit and will be covered by the Western Manufacturing Division, (New Westminster) collective agreement.

 

5.         The warehouse will operate with Shipping and Materials Handling employees who will handle both finished cases and parent rolls on a daily basis as assigned, i.e. full flexibility.  Intent of relief only and emergency, if needed additional employees from their department will be used.

 

6.         The warehouse will operate with the two departments (Shipping and Materials Handling) for a minimum of one year.  During this time, the Company will review and work with the Standing Committee to address any outstanding problems.

 

7.         At any time after the one-year referred to above, if the Company deems operating with two departments to be unsuccessful, the Company will work with the Standing Committee to address the problems.  However, the Company retains the right to provide six months’ notice and staff the warehouse in the most efficient manner, including using a single department (Materials Handling or Shipping).

 


 

 

2003 Memorandum of Agreement

 

Letter of Understanding

 

Weekend Student Policy

 

 

In recognition of the need to supplement the regular workforce at Scott Paper Limited, Western Manufacturing Division, New Westminster, between October 1st and May 1st of each year, the parties agree that students may be hired to fill the spareboard or entry level positions into a line of progression on Fridays and Saturdays only.

 

The Company will select a maximum of five (5) students to be employed on weekends (Friday and/or Saturday).  Preference will be given to students who have been employed during the summer months.  Students who are employed under this agreement must be attending a post secondary educational institution.

 

These students shall have all rights under the Collective Agreement with the exception of Article XIX – Seniority.  All students would be paid the Student Rate as defined in the Statements of Policy.

 

The students must be qualified to safely perform the work they are assigned.

 

A list of those students hired will be forwarded to the Local Union.

 

Every effort shall be made to ensure that departmental spares and spareboard employees qualify for their forty (40) hour work week prior to utilizing students.

 

Either party may cancel this Letter of Understanding with thirty (30) days written notice to the other party.


 

 

2003 Memorandum of Agreement

 

Letter of Understanding

 

Summer Student Policy

 

 

In recognition of the need to supplement the regular workforce at Scott Paper Limited, Western Manufacturing Division, New Westminster, between May 1st and October 1st of each year.  The parties agree that students may be hired to fill spareboard or entry level positions into the line of progression.

 

Students are hired on a temporary basis for the purpose of summer relief.  All students are terminated October 1st.  Summer students requesting to change his/her status to that of a permanent employee, if accepted by the Company, will establish mill seniority starting with the date the Company agrees to permanent status.  The probation as per the Collective Agreement would begin on this date.

 

The Company will select a maximum of fifteen (15) students to be employed.  It is understood that if more students are required that the Union Standing Committee and the Company Standing Committee would meet to discuss the allotment of students for that summer.  It is further understood that the Local Union will extend all reasonable co-operation where bonafide reasons for the increase of allotment are provided.  Preference will be given to students who have been employed under the previous year Weekend Student Policy.

 

Students must become members of CEP Local 456 and will be entitled to all terms of the Collective Agreement with the exception of term of employment and eligibility for job postings.  All students would be paid the Student Rate as defined in the Statements of Policy.

 

The Students must be qualified to safely perform the work they are assigned.

 

Students who are employed under this agreement must be attending a secondary or Post Secondary educational institution.

 

A list of those Students hired will be forwarded to the Local Union, and updated as new students are brought in.


 

 

2003 Memorandum of Agreement

 

Letter of Understanding

 

Relief Supervision by Hourly Employees

 

 

It is understood and agreed to by the parties that hourly employees will provide for Salaried Staff under the following conditions:

 

1.      Individual relief assignments will be limited to forty (40) working days in a calendar year.

2.      Hourly relief employees will not be involved in discipline.  The Company and the Local Union will provide directions on how to avoid such situations.

3.      Vacation allotments for the Department affected will not be compromised as a result of an hourly employee providing relief for a staff position.

4.      The principals of Seniority will be recognized:

§    When chosen from the hourly workforce, Relief Supervision position will be posted within the Department where the relief will be needed.

§    Qualification for the position will be listed on the posting.

§    All candidates will be interviewed and evaluated before the selection is made.

§    All things being equal, the senior candidate will be chosen.

§    The training program that is in place will be the evaluation period for the employee that has been chosen.

§    If the senior candidate has not been chosen, the Company will advise the senior candidate as to the reasons.  This will allow the       employee to have an opportunity to take courses that will help him/her to qualify for the next posting for that position.

§    If no employee within the department, where relief is required, is accepted, the Company may post the position within the mill.  After   consultation with the Union Standing Committee.

5.      Hourly relief employees shall not perform bargaining unit job functions while fulfilling the duties of a relief supervisor.

6.      Hourly relief employees shall receive ten percent (10%) above the highest department wage rate while providing relief supervisory duties.

7.      This agreement shall not result in the elimination of Lead Hand positions in the New Westminster operation.

8.      Hourly employees acting in a relief Supervisory position shall be subject to the departmental or mill layoff as their seniority dictates.

9.      It is the intention of both parties that these guidelines will have the flexibility to accommodate factors such as lengthy absences due to illness and other unforeseen needs to extend the time limit.  However, Management will discuss any factors and the need for the extension with the Department Representative.  It is understood that the extension will require the agreement of both parties.  It is further understood that reasonable co-operation will be extended by the Local Union where bonafide reasons for the extension are provided.


 

Letter of Understanding

 

Standing Committee – December 14, 2005

 

Contracting Out Blanket Notices

 

 

Be it understood that this Letter of Understanding arises from the Union’s Blanket Notice of Contracting Out Grievance (or-03-13).

 

1.         Scott Paper Limited (hereinafter referred to as the Company) will comply strictly with Article XXIII – Contracting, of the current Collective Agreement.

 

2.         Further to Article XXIII – Contracting, Section (a), second paragraph; The Company shall meet with the Union Representatives of the Contracting Out Committee on a quarterly basis.  Dates for these quarterly meetings will be scheduled as follows:

 

            During the second week of January then hereinafter during the first week of April, July and October.  Actual date and time will be confirmed two weeks prior to the scheduled meeting.  An agenda will be set at that time to include, but not be limited to, training, review of contracting out notices (including blanket notices), review of contracting out issues and the utilization of employee work force to minimize the use of contractors both inside and outside of the mill site.

 

3.         All blanket notices will be brought forward for review, discussion and approval at October’s annual Contracting Out meeting.

 

4.         Blanket notices will be limited to the list of companies and jobs that are agreed upon by both the Company and Union.

 

5.         Any blanket notices may be cancelled at any time, with written notice provided thirty (30) days in advance of cancellation, by either party.