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Collective Bargaining in New-Brunswick Volume 24 no. 2 …. 2015 ISSN 1193-3437 Department of Post-Secondary Education, Training and Labour
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Collective Bargaining in

New-Brunswick

Volume 24 no. 2 …. 2015

ISSN 1193-3437 Department of

Post-Secondary Education, Training and Labour

BLANK

Collective Bargaining in New Brunswick is a quarterly report which contains summaries of collective bargaining settlements and grievance arbitration awards that are filed with the Department. The data contained in this issue are derived from 17 settlements and 3 awards which were received by the Department during the period of April 1st to June 30th, 2015. It should be noted that notwithstanding the information contained in this report, the only authoritative documents for this type of information are the collective agreements and arbitration awards themselves. When requesting information on a specific collective agreement or arbitration award, the corresponding reference number indicated in the report should be specified. The Industrial Relations Branch wishes to acknowledge the cooperation of individuals representing Management and Labour who have promptly provided the information necessary for the completion of this issue. If you should have any questions or concerns, please contact this office at 506.453.2261. PAULA L. ULTICAN Director Industrial Relations Branch Department of Post-Secondary Education, Training and Labour P.O. Box 6000 Fredericton, N.B. E3B 5H1

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INDEX OF SETTLEMENTS ……………………………………………………….. VII DEFINITIONS ………………………………………………………………………….. IX GLOSSARY OF COST OF LIVING ALLOWANCE (COLA) TERMS.. XI SETTLEMENTS

Accommodation & Food Service …………………………………………. 3 Administrative and Support, Waste Management and Remediation Services …………………………………………………………

8

Art, Entertainment & Recreation ………………………………………… 10 Construction …………………………………………………………………….. 12 Educational Services …………………………………………………………. 13 Finance and Insurance ……………………………………………………… 14 Health Care and Social Services …………………………………………. 15 Manufacturing ………………………………………………………………….. 17 Mining & Oil & Gas Extraction ……………………………………………. 19 Other Services …………………………………………………………………. 21 Public Administration ………………………………………………………… 23 Retail Trade …………………………………………………………………….. 24

GRIEVANCE ARBITRATION AWARDS ……………………………………. 25 APPENDICES - Summary of Charts and Table …………………………….. 29

Chart 1 - COLA’s in New Brunswick (April 1st – June 30th, 2015) ……………………………

31

Chart 2 - Duration in Months of Collective Agreements

(April 1st – June 30th, 2015) …………………………. 32

Table I - Wage Increase by Industry

(April 1st – June 30th, 2015) ………………………….. 33

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Index of Settlements VII

Employer and Location

Union

Page

663230 NB Inc. (Hotel Four Points) Edmundston

Unifor, Local 5027 3

Acadia Toyota Scion, Moncton Unifor, Local 4501 24 Aramark Canada Ltd., Fredericton Canadian Union of Public Employees,

Local 3372 (Hugh John Flemming Forestry Centre)

4

Aramark Canada Ltd., Fredericton Canadian Union of Public Employees, Local 3372 (St. Thomas University)

5

Aramark Canada Ltd., Fredericton Canadian Union of Public Employees, Local 1726-01 (Kenneth E. Spencer Memorial Home)

6

Aramark Canada Ltd., Sackville Canadian Union of Public Employees, Local 1440 (Mount Allison University)

7

Atlantic Industries Cleaners International Union of Operating Engineers, Local 946

21

City of Campbellton Canadian Union of Public Employees, Local 76-1 (Regional Memorial Civic Centre)

10

City of Moncton Canadian Union of Public Employees, Local 51 (Outside Workers)

23

Fundy Regional Solid Waste Commission, Saint John

Teamsters, Chauffeurs, Warehousemen, Helpers and Miscellaneous Workers, Local 927

8

Jobs Unlimited Inc., Fredericton Canadian Union of Public Employees, Local 3471

15

Le centre de vie autonome MacDonald Centre for Independent Living, Moncton

Canadian Union of Public Employees, Local 2079-01

16

Les Tourbières Berger, Baie-Ste-Anne

United Brotherhood of Carpenters & Joiners of America, Local 1386

19

Index of Settlements VIII

Employer and Location

Union

Page

The Credit Union Ltd., Dalhousie United Steel, Paper and Forestry, Rubber, Manufacturing, Energy Allied Industrial Service Workers, Local 9270 (Formerly Dalhousie Industrial Credit Union)

14

Strescon Limited, Moncton Ready Mix Division, Moncton

Construction & Labourers and General Workers, Local 900

17

University of New Brunswick, Fredericton

Association of University of New Brunswick Teachers

13

Various Signatory Ironworkers Companies

International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 842 (Structural and Miscellaneous Steel)

12

Index of Settlements IX

AVERAGE RATE:

The rate of pay the nearest to the average of the lowest and highest rate of pay a permanent full-time employees could earn at the termination of the previous agreement.

BASE RATE: Is the straight-time rate of pay per hour, excluding premiums, incentive bonuses, etc. This is not necessarily the lowest rate nor the highest rate but usually an established benchmark rate by the parties for purposes of negotiations.

LOWEST RATE: Lowest rate of pay a permanent full-time employee could earn at the termination of the previous agreement.

WEIGHTED AVERAGE: This arithmetic means, dependent on the composition of the work force, is established prior to negotiations and is generated by calculating the actual total wage cost for all employees covered by the settlement and dividing said cost by the number of employees.

Index of Settlements X

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Index of Settlements XI

C.P.I.: Consumer Price Index

COST OF LIVING ESCALATOR OR COST OF LIVING ALLOWANCE (COLA):

A cost of living escalator or COLA is a clause in a collective agreement which adjusts wage (or salary) rates reflecting changes in the specified price index. All have a formula which converts changes in a CPI into wage changes. It is designed to off-set erosion of real wage levels by inflation.

CAP OR MAXIMUM: A capped formula makes adjustments to hourly rates according to CPI changes but provides a maximum for each contract year or the cap may limit escalation over the contract term as a whole; e.g. capped at $0.05 per quarter and capped at $0.15 per year.

GUARANTEED: Some cost of living clauses guarantee that a certain increase will be granted by a certain date. If the CPI movement has not generated the guaranteed increase under the formula then that increase automatically comes into effect on the specified date.

TRIGGERED FORMULA:

A triggered formula does not operate until (usually percentage) change in the CPI brings the formula into operation. For example in a two-year collective agreement a triggered formula might grant $0,01 for each 0,5 change in the CPI after the index has risen a full 10,0 %. Often the formula must be re-triggered in each contract year. For example, the formula operated after a 10,0 % increase in the CPI has occurred in any contract year.

Index of Settlements XII

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Settlements Page 1

SETTLEMENTS

Settlements Page 2

BLANK

Settlements Page 3

663230 NB Inc. (Hotel Four Points) Edmundston and Unifor Local 5027 Reference number: N-132-02 36 months (2015 01 01 to 2017 12 31) Date previous settlement expired: 2014 12 31 Date settlement was reached: 2015 04 21 Wages: Lowest Rate: Server - $10.75 per hour

effective date general increase 2015 04 21 0 2016 01 01 2% 2017 01 01 2%

Settlements Page 4

Paid Vacation:

Aramark Canada Ltd., Fredericton and the Canadian Union of Public Employees, Local 3372 (Hugh John Flemming Forestry Centre) Reference number: A-155-02 36 months (2015 01 01 to 2017 12 31) Date previous settlement expired: 2014 12 31 Date settlement was reached: 2015 04 09 Wages: Lowest Rate: General Worker – starting - $12.05 per hour.

Vacation: (NEW)

Years of Service Vacation More than 3 years but less than 5 2 ½ weeks

Bereavement Leave:

Previous New Spouse, child or parent 3 days 5 days

Previous Years of Service Days Vacation

25+ 32

New Years of Service Days Vacation

25 35

effective date general increase 2015 01 01 1.5% 2016 01 01 2.0% 2017 01 01 1.5%

Settlements Page 5

Paternity Leave: (NEW) An employee will be granted 2 days leave of absence with pay.

Approved Footwear: (NEW) $65.00.

Aramark Canada Ltd., Fredericton and the Canadian Union of Public Employees, Local 3372 (St. Thomas University) Reference number: A-155-01 36 months (2013 08 01 to 2016 07 31) Date previous settlement expired: 2013 07 31 Date settlement was reached: 2014 06 30 Wages: Lowest Rate: General Worker - $12.96 per hour

Hours of Work: (NEW)

Employees working six hours or more per day shall be provided with two 15 minute rest breaks and a 30 minute paid meal period.

Sick Leave:

Previous New 2014 08 01 5 days 6 days 7 days

effective date general increase 2013 08 01 2.0% 2014 08 01 2.75% 2015 08 01 3.0%

Settlements Page 6

Aramark Canada Ltd., Moncton and the Canadian Union of Public Employees, Local 1726-01 (Kenneth E. Spencer Memorial Home) Reference number: A-155-04 48 months (2012 10 16 to 2016 15 15) Date previous settlement expired: 2012 10 15 Date settlement was reached: 2015 05 21 Wages: Lowest Rate: Utility – starting - $16.26 per hour.

Overtime: (NEW)

If an employee is required to work Christmas day or New Year’s Day, the employee shall be paid double-time for all hours worked plus an alternate day off with pay.

Shift Premium (per shift):

Previous New Weekend $3.60 $5.60 Evening $3.60 $5.60

effective date general increase 2012 10 16 0 2013 10 16 0 2014 10 16 1.2% 2015 04 16 1.0% 2015 04 16 1.05% 2015 10 16 1.0% 2016 04 16 1.0%

Settlements Page 7

Aramark Canada Ltd., Sackville and the Canadian Union of Public Employees, Local 1440 (Mount Allison University) Reference number: A-155-07 36 months (2014 07 01 to 2017 06 30) Date previous settlement expired: 2014 06 30 Date settlement was reached: 2014 07 01 Wages: Lowest Rate: General Worker – starting - $13.16 per hour.

Lump Sum Bonus: $250.00.

Group Insurance & Medical:

Previous New Employer/Employee

Contribution 50/50 60/40

Pension:

2015 07 01 2016 07 01 Employer/Employee

Contribution 3% 4%

Clothing Allowance (Footwear):

effective date general increase 2014 07 01 2% 2015 07 01 2% 2016 07 01 2%

Previous New $75.00 $100.00

Settlements Page 8

Fundy Region Solid Waste Commission, Saint John and the Teamsters, Chauffeurs Warehousemen, Helpers and Miscellaneous Workers, Local 927 Reference number: F-086-01 36 months (2015 01 01 to 2017 12 31) Date previous settlement expired: 2014 12 31 Date settlement was reached: 2015 03 26 Wages: Lowest Rate: General Labourer - $11.21 per hour

Signing Bonus:

$300.00.

effective date general increase 2015 01 04 1.5% 2016 01 03 2.5% 2017 01 01 3.0%

Settlements Page 9

Shift Premium:

Sick Leave Credit per annum:

10 pm – 6 am Previous New

$0.50 $0.75

Previous 2016 2017 64 hours 72 hours 80 hours

Settlements Page 10

City of Campbellton and the Canadian Union of Public Employees, Local 76-1 (Regional Memorial Civic Centre) Reference number: C-051-02 84 months (2014 01 01 to 2020 12 31) Date previous settlement expired: 2013 12 31 Date settlement was reached: 2015 03 25 Wages: Lowest rate – Custodian - $15.35 per hour.

Increases: effective date hourly/general

increase 2014 01 01 2% 2015 01 01 2% 2016 01 01 $1.00 2016 01 01 2% 2017 01 01 2% 2018 01 01 $1.00 2018 01 01 2% 2019 01 01 2% 2020 01 01 2%

Settlements Page 11

Vacation: (NEW)

Employees hired prior to January 1st, 2014 Years of service Vacation

25 years 6 Floaters: (NEW)

Two days to be know as floaters will be granted.

Bereavement Leave: Grandchildren have been added to the definition of immediate family.

Settlements Page 12

Various Signatory Ironworkers Companies and the International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local 842 (Structural and Miscellaneous Steel) Reference number: O-003-12 36 months (2015 05 01 to 2018 04 31) Date previous settlement expired: 2015 04 30 Date settlement was reached: 2015 04 01 Cost to the employer/employee/hours worked:

Effective Dates

Previous 2015 05 01 2016 05 01 2017 05 01 Journeyman $38.00 $38.50 $39.00 $40.00 Vacation & Holidays $4.18 $4.24 $4.29 $4.40 Health & Welfare $2.50 $2.75 $2.75 $2.75 Pension $6.00 $6.00 $6.00 $6.00 Trade Improvement Fund $0.70 $0.70 $0.75 $0.75

TOTAL $51.38 $52.19 $52.79 $54.15

Settlements Page 13

University of New Brunswick, Fredericton and the Association of University of New Brunswick Teachers Reference number: U-008-02 35 months (2013 07 01 to 2016 06 30) Date previous settlement expired: 2013 06 30 Date settlement was reached: 2015 05 14 Wages: Lowest rate – Instructor (starting) - $47,017 per annum.

Increases: effective date general increase

2013 07 01 $1991.00 2014 01 01 $1991.00 2014 07 01 $2275.00 2015 01 01 $2275.00 2015 07 01 $2958.00 2016 01 01 $2958.00

Signing Bonus:

July 1st, 2013 - $700.00.

Settlements Page 14

The Credit Union Ltd., Dalhousie and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy Allied Industrial Service Workers, Local 9270 (Formerly Dalhousie Industrial Credit Union) Reference number: T-091-01 48 months (2015 04 01 to 2019 03 31) Date previous settlement expired: 2015 03 31 Date settlement was reached: 2015 05 13 Wages: Lowest rate – Teller - $15.41 per hr.

Increases: effective date general increase

2015 03 31 2%

Settlements Page 15

Jobs Unlimited Inc., Fredericton and the Canadian Union of Public Employees, Local 3471 Reference number: J-020-01 48 months (2014 05 01 to 2018 04 30) Date previous settlement expired: 2014 04 30 Date settlement was reached: 2014 07 25

Wages: Lowest rate – Co-workers - $13.02 per hour.

Increases: effective date general increase

2014 05 01 3% 2015 05 01 3% 2016 05 01 3% 2017 05 01 3%

Sick Days:

Previous New 75 85

Family Responsibility Leave:

Previous New 6 8

Settlements Page 16

Travel Expenses – Kilometers:

Previous New $0.34 $0.36

Le centre de vie autonome MacDonald Centre for Independent Living, Moncton and the Canadian Union of Public Employees, Local 2079-01 Reference number: M-188-01 30 months (2014 04 01 to 2016 10 15) Date previous settlement expired: 2014 03 31 Date settlement was reached: 2015 04 22

Wages: Lowest rate – Housekeeper - $15.30 per hour.

Increases: effective date general increase

2014 04 01 1% 2014 10 01 1% 2015 04 01 1% 2015 10 01 1% 2016 04 01 0%

Settlements Page 17

Strescon Limited, Moncton Ready Mix Division, Moncton and the Construction & Labourers and General Workers, Local 900 Reference number: S-044-11 12 months (2015 02 02 to 2016 01 30) Date previous settlement expired: 2014 02 01 Date settlement was reached: 2014 11 30 Wages: Lowest rate – Truck Driver - $18.54 per hour.

Increases: effective date hourly increase

2014 02 02 $0.45 2015 02 01 $0.45

Pension Fund:

Employer contribution per hour Previous 2014 02 02 2015 02 02

$0.60 $0.70 $0.87

Health Plan:

Employer contribution per hour Previous 2014 02 02 2015 02 02

$1.16 $1.26 $1.29

Settlements Page 18

Stand-by Pumpman: (NEW)

An employee designated as “stand-by pumpman” shall be paid $0.50 per hour above work classification rate.

Settlements Page 19

Les Tourbières Berger, Baie-Ste-Anne and the United Brotherhood of Carpenters & Joiners of America, Local 1386 Reference number: B-197-01 48 months (2015 01 01 to 2018 12 31) Date previous settlement expired: 2014 12 31 Date settlement was reached: 2015 04 21 Wages: Lowest rate – Class I - $14.58 per hour

effective date General increase 2015 01 01 4% 2016 01 01 2% 2017 01 01 2% 2018 01 01 2%

Shift Premium:

Previous New Evening (4 pm – 8 pm) $0.25 $0.30 Night (8 pm – 4 am ) $0.60 $0.70

Settlements Page 20

Boot Allowance:

Previous New $140.00 $200.00

Bereavement Leave (paid leave):

Previous New Spouse, child … 3 4 Father, Mother, Brother... 2 3

Floating Bank Hours:

Previous 2015 2016 2017 2018 2 days 16 hours 16 hours 24 hours 32 hours

Pension Plan:

Employer weekly contribution Years of Service Previous New

0 – 5 $6.00 $8.00 5 – 15 $7.00 $9.00 15+ $8.00 $10.00

Settlements Page 21

Atlantic Industries Cleaners and the International Union of Operating Engineers, Local 946 Reference number: A-165-02 46 months (2015 05 04 to 2019 02 28) Date previous settlement expired: 2015 02 28 Date settlement was reached: 2015 04 24 Wages: Lowest rate – Operator “C” - $12.83 per hour.

Increases: effective date general increase

2015 02 28 0% 2017 03 01 1.5% 2018 03 01 1.5%

Signing Bonus:

$1500.00. Communication Device Premium:

Previous New $11.50 $15.00

Settlements Page 22

Bonus: Work on open water (NEW): 10%

Prescription Glasses: (NEW) An employee who requires prescription glasses for work will be reimbursed, with proof of purchase of CSA approved, up to $250.00 per calendar year.

Overtime:

Extensive changes to Article; please refer to collective agreement.

Overtime: (Meal Allowance)

Previous New $18.00 $20.00

Meal Allowance: Previous New Breakfast $12.00 $14.00 Lunch $15.00 $17.00 Supper $18.00 $20.00

Settlements Page 23

City of Moncton and the Canadian Union of Public Employees, Local 51 (Outside Workers) Reference number: M-058-03 48 months (2015 01 01 to 2018 12 31) Date previous settlement expired: 2014 12 31 Date settlement was reached: 2015 04 17 Wages: Lowest rate – Group I - $24.62 per hour.

Increases: effective date general increase

2015 01 01 2.0% 2016 01 01 2.0% 2017 01 01 1.25% 2018 01 01 1.0%

Tool Allowance per year:

Previous New $500.00 $650.00

Trainer Compensation Premium:

Previous New $1.00 $2.00

Settlements Page 24

Acadia Toyota Scion, Moncton and Unifor, Local 4501 Reference number: A-178-02 48 months (2014 11 01 to 2018 10 31) Date previous settlement expired: 2014 10 31 Date settlement was reached: 2015 04 13 Wages: Lowest rate – Vehicle Washer - $10.92 per hour.

Increases: effective date general increase

2015 04 13 27.7%* 2016 03 07 2.25% 2017 03 06 2.5% 2017 03 05 3.0%

*depending on classification Boot Allowance:

Previous New $100.00 $125.00

Work Tool Allowance:

Previous New $150.00 $175.00

Grievance Arbitration Awards Page 25

GRIEVANCE ARBITRATION AWARDS

Grievance Arbitration Awards Page 26

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Grievance Arbitration Awards Page 27

Reference Number: M-222-01/2015-01 Moloney Electric (Division of Hammond Manufacturing Holdings Ltd.) and the Communications, Energy & Paperworkers Union of Canada, Local 55N Issue: Firing Award: Allowed Date of Award: June 3, 2015 Number of Pages: 20 Arbitrator: Michel Doucet Language of Decision: English

≈ ≈ ≈ ≈ ≈ ≈ ≈ ≈ ≈ ≈ Reference Number: M-146-02/2015-01 Mount Allison University and the Mount Allison Faculty Association Issue: Union Grievance Award: Dismissed Date of Award: June 18, 2015 Number of Pages: 31 Arbitrator: Robert D. Breen Language of Decision: English

≈ ≈ ≈ ≈ ≈ ≈ ≈ ≈ ≈ ≈

Grievance Arbitration Awards Page 28

Reference Number: P-060-02/2015-02 Passamaquoddy Lodge Inc. and the Canadian Union of Public Employees, Local 1763 Issue: Suspension Award: Allowed in Part Date of Award: May 26, 2015 Number of Pages: 29 Arbitrator: Robert D. Breen Language of Decision: English

≈ ≈ ≈ ≈ ≈ ≈ ≈ ≈ ≈ ≈

Appendices Page 29

APPENDICES Summary of Charts and Table

Appendices Page 30

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Appendices Page 31

CHART 1

COLA’s in New Brunswick

(April 1st – June 30th, 2015)

No Cola 100%

Triggered 0% Capped

0%

Guaranteed 0%

Continuing 0%

Appendices Page 32

CHART 2

Average Duration in Months of Collective Agreements

(April 1st – June 30th, 2015)

Over 36 months 47%

Less than 24 months

6%

24 to 36 months 47%

Appendices Page 33

TABLE I

Wage Increase by Industry

(April 1st – June 30th, 2015)

INDUSTRY1 Number of

Current Settlements

Number of employees

covered

Average increase

$ hour %

Accommodation & Food Services 5 122 $0.25 1.85

Administration, Support, Waste Management & Remediation Services 1 24 $0.29 2.38

Arts, Entertainment & Recreation 1 10 $0.64 4.14

Construction 1 440 $0.67 1.75

Educational Services 1 600 $2.48 8.57

Finance & Insurance 1 8 $0.00 0.00

Health Care and Social Services 2 80 $0.31 2.31

Manufacturing 1 9 $0.45 2.43

Mining & Oil & Gas Extraction 1 85 $0.36 2.47

Other Services 1 74 $0.20 1.01

Public Administration 1 188 $0.39 1.59

Retail Trade 1 20 $0.44 2.73

TOTAL 17 1660 $1.19 4.27

1 Agreements are categorized according to the North American Industry

Classification (Statistics Canada, 1997) which classifies a business according to the principal commodity produced.

NOTE: First time agreements are not reflected in the above table. For further information on “North American Industry Classification” see http://www.statcan.gc.ca/subjects-sujets/standard-norme/naics-scian/2007/list-liste-eng.htm


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