Collective Bargaining in New Brunswick Volume 17 no. 2 2008 ISSN 1193-3437 Department of Post-Secondary Education, Training and Labour
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 8 awards which were received by the Department during the period of April 1 st to June 30 th, 2008. 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. DAVID P. MOORE 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 Agriculture, Forestry, Fishing & Hunting. 3 Construction 4 Health Care & Social Services.. 7 Manufacturing.. 9 Public Administration... 14 Retail Trade. 18 GRIEVANCE ARBITRATION AWARDS 23 APPENDICES - Summary of Charts and Table.. 29 Chart 1 - COLA s in New Brunswick (April 1 st June 30 th, 2008). 31 Chart 2 - Duration in Months of Collective Agreements (April 1 st June 30 th, 2008) 32 Table I - Wage Increase by Industry (April 1 st June 30 th, 2008) 33
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Employer and Location Union Page AT Limited Partnership, Green River Baig Blvd. Motors Inc., Moncton City of Bathurst, Bathurst City of Edmundston City of Fredericton Co-op Fuels Limited, Moncton Consbec Inc./Whiston Manufacturing Inc. Electrical Contractors Association of New Brunswick, Fredericton Falconbridge Limited (Brunswick Smelter) Irving Pulp & Paper, Limited, Saint John La Coop Régionale de la Baie, Tracadie Moncton Community Residence Inc., Moncton Strescon Limited (Moncton Ready-Mix Division), Moncton Sussex Vale Transition House Communications, Energy & Paperworkers Union, Local 15N (Formerly Fraser Paper) National Automobile, Aerospace, Transportation and General Workers (CAW-Canada), Local 4501 Canadian Union of Public Employees, Local 1281 (Inside Workers) Canadian Union of Public Employees, Local 558 (Police) Fredericton Firefighters Association, Local 1053, International Association of Firefighters United Food & Commercial Workers, Local 1288P Labourers International Union of North America, Local 900 (Master Drilling and Blasting Agreement) International Brotherhood of Electrical Workers, Local 2166 United Steelworkers of America, Local 7085 Communications, Energy & Paperworkers Union of Canada, Local 30 United Steelworkers of America, Local 9270 Bakery, Confectionary, Tobacco Workers and Grain Millers International, Local 406 Construction & General Labourers & General Workers, Local 900 Canadian Union of Public Employees, Local 3584 3 18 14 15 16 19 4 5 9 10 20 7 11 8 Index of VII
Employer and Location Union Page Uponor Ltd., Saint John Ville de Shippagan Communications, Energy and Paperworkers Union, Local 70 (Formerly Wirsbo Manufacturing) Canadian Union of Public Employees, Local 1470 (Outside Workers) 12 17 Index of VIII
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: 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. Definitions IX
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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. Glossary of Cost of Living Allowance (COLA) Terms XI
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SETTLEMENTS 1
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AT Limited Partnership, Green River and the Communications, Energy & Paperworkers Union, Local 15N (Formerly Fraser Paper) Reference number: A-188-02 60 months (2005 05 01 to 2010 04 30) Date previous settlement expired: 2005 04 30 Date settlement was reached: 2005 08 26 Wages: Lowest rate General Labourer - $16.81 per hour. Increases: effective date general increase 2005 05 01 2.0% 2006 05 01 2.0% 2007 05 01 2.0% 2008 05 01 0-2.0% 2009 05 01 0-2.0% *depending on classification 3
Consbec Inc./Whiston Manufacturing Inc. and the Labourers International Union of North America, Local 900 (Master Drilling and Blasting Agreement) Reference number: C-336-05 42 months (2007 07 01 to 2010 12 31) Date previous settlement expired: First Agreement Date settlement was reached: 2008 03 04 Geographical Scope: Province-wide Wages: Cost to the employer per employee per hour worked: Effective Dates 2007 07 01 2008 07 01 2009 07 01 2010 07 01 Journeyman $20.00 CPI + 1% CPI + 1% CPI + 1% Vacation 9% $1.80 $1.80 $1.80 $1.80 Health & Welfare Cost of local s plan Cost of local s plan Cost of local s plan Cost of local s plan Pension $1.50 $1.75 $2.00 $2.00 Training $0.25 $0.25 $0.25 $0.25 Industry Fund $0.31 $0.31 $0.31 $0.31 4
Electrical Contractors Association of New Brunswick, Fredericton and the International Brotherhood of Electrical Workers, Local 2166 Reference number: E-001-07 26 months (2008 04 14 to 2010 06 30) Date previous settlement expired: 2006 06 30 Date settlement was reached: 2008 04 18 Geographical Scope: Counties of Sunbury, York, Carleton, Victoria, Madawaska, Restigouche, Gloucester and Northumberland Wages: Cost to the employer per employee per hour worked: Industrial Effective Dates Previous 2008 04 14 2008 07 01 2009 07 01 Journeyman $26.43 $30.01 $31.01 $32.01 Vacation & Holiday Pay $2.91 $3.30 $3.41 $3.52 Health & Welfare $9.84 $9.84 $9.84 $9.84 Industry Improvement $0.10 $0.10 $0.10 $0.10 Association Fund $0.20 $0.25 $0.25 $0.25 Training - ECANB $0.25 $0.25 $0.25 $0.25 Training - IBEW $0.25 $0.25 $0.25 $0.25 Safety Training -- $0.12 $0.12 $0.12 TOTAL $39.98 $44.12 $45.23 $46.34 5
Commercial A Effective Dates Previous 2008 04 14 2008 07 01 2009 07 01 Journeyman $23.46 $24.81 $25.81 $26.81 Vacation & Holiday Pay $2.58 $2.73 $2.84 $2.95 Health & Welfare $7.44 $7.44 $7.44 $7.44 Industry Improvement $0.10 $0.10 $0.10 $0.10 Association Fund $0.16 $0.25 $0.25 $0.25 Training - ECANB $0.25 $0.25 $0.25 $0.25 Training - IBEW $0.25 $0.25 $0.25 $0.25 Safety Training -- $0.12 $0.12 $0.12 TOTAL $34.24 $35.95 $37.06 $38.17 Effective Dates Commercial B Previous 2008 04 14 to 2010 06 30 Journeyman $15.00 $20.00 Vacation $1.05 $2.20 Health & Welfare $2.38 $4.80 Industry Improvement $0.10 $0.10 Association Fund $0.16 $0.25 Training - ECANB $0.02 $0.02 Training - IBEW $0.04 $0.06 Safety Training -- $0.12 TOTAL $18.75 $27.55 6
Moncton Community Residence Inc., Moncton and Bakery, Confectionary, Tobacco Workers and Grain Millers International, Local 406 Reference number: M-207-01 24 months (2007 09 24 to 2009 09 23) Date previous settlement expired: 2007 09 23 Date settlement was reached: 2007 11 23 Wages: Increases: effective date hourly increase 2007 09 30 $0.75 2008 09 28 $0.15 Shift Premium: (NEW) Employees will be paid $1.00 for each hour starting at 11:00 pm to 7:00 am per pay period. 7
Sussex Vale Transition House and the Canadian Union of Public Employees, Local 3584 Reference number: S-179-01 24 months (2007 11 01 to 2009 10 31) Date previous settlement expired: 2007 10 31 Date settlement was reached: 2008 05 29 Wages: Lowest rate - Crisis Intervenor - $12.00 per hour. Pension Plan: (NEW) Increases: effective date hourly increase 2008 02 01 $1.25* 2009 02 01 wage re-opener * depending on classification Employer Contribution Employee Contribution 2% 2% 8
Falconbridge Limited (Brunswick Smelter) and the United Steelworkers of America, Local 7085 Reference number: F-092-03 60 months (2006 03 01 to 2011 02 28) Date previous settlement expired: 2006 02 28 Date settlement was reached: N/A Wages: Lowest rate - Job Class I - $18.39 per hour. Pension Plan Increases: effective date hourly increase 2006 03 01 $0.25 2007 03 01 $0.25 2008 03 01 $0.25 2009 03 01 $0.25 2010 03 01 $0.25 For each year credited service Previous 2010 03 01 or closure $48 per month $52.00 9
Irving Pulp & Paper Limited, Saint John and the Communications, Energy & Paperworkers Union of Canada, Local 30 Reference number: I-003-06 120 months (2006 05 01 to 2016 04 30) Date previous settlement expired: 2006 04 30 Date settlement was reached: N/A Wages: Lowest rate - Yard Labourer - $23.36 per hour. Increases: effective date general/hourly increase 2006 05 01 $0.60 2007 05 01 2.0% 2008 05 01 $0.60 2009 05 01 * to be determined 2010 05 01 * to be determined 2011 05 01 * to be determined 2012 05 01 * to be determined 2013 05 01 * to be determined 2014 05 01 * to be determined 2015 05 01 * to be determined Safety Allowance: Per annum Previous New $195.00 $245.00 Vacation: Previous Years of Service Weeks of vacation 1 1 More than 4 less than 9 2 More than 9 less than 17 3 More than 17 less than 25 4 More than 25 5 10
New Years of Service Weeks of vacation More than 1 less than 4 2 More than 4 less than 9 3 More than 9 less than 17 4 More than 17 less than 25 5 More than 25 6 Strescon Limited (Moncton Ready-Mix Division), Moncton and the Construction & General Labourers & General Workers, Local 900 Reference number: S-044-11 24 months (2008 02 01 to 2010 01 31) Date previous settlement expired: 2008 01 31 Date settlement was reached: 2008 02 01 Wages: Lowest rate - Truck Driver - $15.20 per hour. Signing Bonus: $300.00 Increases: effective date hourly increase 2008 02 01 $0.40 2009 02 01 $0.40 Clothing: (NEW) Employees will receive 2 pairs of coveralls per year at no cost. Meal Allowance: (Overtime) Previous New $8.00 $9.00 11
Vacation: (NEW) Health & Welfare: Years of Service Weeks of vacation Rate 10 or more 3 8% Employer contribution Previous 2008 02 01 2009 02 01 $0.96 $1.06 $1.16 Uponor Ltd., Saint John and the Communications, Energy and Paperworkers Union, Local 70 (Formerly Wirsbo Manufacturing) Reference number: U-025-01 58 months (2008 03 04 to 2012 12 31) Date previous settlement expired: 2007 06 30 Date settlement was reached: 2008 03 17 Wages: Lowest rate - Material Handler - $12.61 per hour. Increases: effective date hourly/general increase 2008 01 01 $1.25 2009 01 01 3.0% 2010 01 01 3.0% 2011 01 01 3.0% 2012 01 01 3.0% Overtime - Meals: (NEW) Employees required to work a minimum of 4 hours at the end of their regular shift and has not had notice the previous day shall receive $9.00 meal allowance. 12
Holiday - Floater days: Previous New 2 4 Leave of Absence: One day of paid leave in the case of the birth of a child to an employee. Shift Premium: (NEW) A shift premium of $0.75 per hour for all hours worked on the night shift. Clothing and Safety boot Allowance: (NEW) Per annum Clothing Boot $100.00 $160.00 13
City of Bathurst, Bathurst and the Canadian Union of Public Employees, Local 1281 (Inside Workers) Reference number: B-036-03 48 months (2008 01 01 to 2011 12 31) Date previous settlement expired: 2006 12 31 Date settlement was reached: 2008 05 05 Wages: Increases: effective date general increase 2008 01 01 3.25% 2009 01 01 3.25% 2010 01 01 3.25% 2011 01 01 3.25% Bereavement Leave: (New Addition) Five consecutive days in the case of a death of brother, sister or grand-child. Pension Plan: Contribution matched by employer Current On-signing 2009 01 01 7.25% 7.75% 8.0% 14
Pay on transfer, lower rated job: (NEW) If an employee is assigned to a position paying the same or lower rate and continues to perform the duties of their position, they shall be entitled to a 6% increase. Travel Expense: Meter reader Previous New $200.00 $250.00 City of Edmundston and the Canadian Union of Public Employees, Local 558 (Police) Reference number: E-018-02 60 months (2008 01 01 to 2012 12 31) Date previous settlement expired: 2007 12 31 Date settlement was reached: 2008 03 13 Wages: Lowest rate - Dispatcher - $15.77 per hour. Increases: effective date general increase 2008 01 01 1.95% 2008 07 01 1.95% 2009 01 01 2.0% 2009 07 01 2.0% 2010 01 01 2.0% 2010 07 01 2.0% 2011 01 01 2.0% 2011 07 01 2.0% 2012 01 01 2.0% 2012 07 01 2.0% 15
Unforeseen expenses: (NEW) $12.00 per day (overnight stay is required and travel must be related to training). Birth of a child: Previous New 1 day 2 days Clothing Allowance - plain clothes investigator: Per year Previous New $925.00 $1100.00 City of Fredericton and the Fredericton Firefighters Association, Local 1053, International Association of Firefighters Reference number: F-016-03 60 months (2007 01 01 to 2011 06 30) Date previous settlement expired: 2006 06 30 Date settlement was reached: 2008 04 18 Wages: Lowest rate - Firefighter IV - $1490.73 bi-weekly. Increases: effective date general increase 2006 07 01 2.3% 2007 01 01 2.3% 2007 07 01 2.3% 2008 01 01 4.0% 2009 01 01 4.0% 2010 01 01 4.0% 2011 01 01 2.3% 16
Benefit Spending Allowance: Previous 2008 2009 2010 03 30 01 04 01 03 $150.00 $165.00 $170.00 $175.00 Leave of Absence: (NEW) - Refer to agreement. a) Family Leave - 1 day b) Emergency Leave - 3 days c) Bereavement Leave - 3 days to 5 days Ville de Shippagan and the Canadian Union of Public Employees, Local 1470 (Outside Workers) Reference number: S-123-03 48 months (2007 01 01 to 2010 12 31) Date previous settlement expired: 2006 12 31 Date settlement was reached: 2008 03 05 Wages: Lowest rate -Officer in charge II - (Leisure) - $15.52 per hour. Increases: effective date general increase 2007 01 07 3.5% 2008 01 01 3.0% 2009 01 01 3.0% 2010 01 01 3.0% Safety Boots: Per annum Previous New $135.00 $150.00 17
Baig Blvd. Motors Inc., Moncton and the National Automobile, Aerospace, Transportation and General Workers (CAW Canada), Local 4501 Reference number: B-196-01 36 months (2007 09 01 to 2010 03 31) Date previous settlement expired: N/A Date settlement was reached: 2008 08 31 Wages: Lowest rate - Lot Attendant - $8.24 per hour. Boot Allowance: Increases: effective date general increase Upon ratification 2.0%* 2008 09 01 2.0% 2009 09 01 2.0% * depending on classification Previous 2007 2008 2009 $50.00 $60.00 $70.00 $80.00 18
Tool Allowance: Previous 2007 2008 2009 $60.00 $70.00 $80.00 $90.00 Attendance Bonus: (NEW) An employee, after a full year of employment, shall receive a bonus of $200.00 at the end of each calendar year completed with perfect attendance. Co-op Fuels Limited, Moncton and the United Food & Commercial Workers, Local 1288P Reference number: C-330-01 36 months (2006 11 01 to 2009 10 31) Date previous settlement expired: 2006 10 31 Date settlement was reached: 2008 04 29 Wages: Lowest rate - Driver (starting) - $13.75 per hour. Increases: effective date hourly increase 2006 11 01 $0.06 - $0.60* 2007 11 01 $0.40 2008 11 01 $0.50 * depending on classification Standby/week: Call back: Previous New $30.00 $35.00 Previous New $19.00 $22.00 19
Call back: Sundays or Holidays Previous New $23.00 $27.00 La Coop Régionale de la Baie, Tracadie and the United Steelworkers of America, Local 9270 Reference number: C-321-01 36 months (2004 02 15 to 2007 02 14) Date previous settlement expired: First Agreement Date settlement was reached: N/A Wages: Increases: effective date hourly increase 2005 02 15 $0.10 2006 02 15 $0.10 Signing Bonus: Date of ratification - 2 weeks salary. La Coop Régionale de la Baie, Tracadie and the United Steelworkers of America, Local 9270 Reference number: C-321-01 36 months (2007 02 15 to 2010 02 14) Date previous settlement expired: 2007 02 14 20
Date settlement was reached: N/A Wages: Lowest rate - Clerk - starting $8.20 per hour Increases: effective date hourly increase On ratification $0.20 2008 02 15 $0.15 2009 02 15 $0.15 Sick Leave: At the end of the year, all accumulated sick leave not taken will be reimbursed at 70% (60%) and paid during the last week of the year. Night Premium: Previous New $0.65 $0.75 Pension Plan: Previous New Employer Employee Employer Employee 3% 3% 4% 4% 21
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GRIEVANCE ARBITRATION AWARDS Grievance Arbitration Awards 23
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Reference Number: F-016-03/2007-01 City of Fredericton and the International Association of Fire Fighters, Local1053 Issue: Award: Wages, Benefits Spending Allowance Allowed Date of Award: April 1, 2008 Number of Pages: 44 Arbitrator: Bruce S. Outhouse Language of Decision: English Reference Number: F-016-03/2008-02 City of Fredericton and the International Association of Fire Fighters, Local1053 Issue: Award: Retirement Allowance Dismissed Date of Award: March 20, 2008 Number of Pages: 19 Arbitrator: Brian Bruce Language of Decision: English Grievance Arbitration Awards 25
Reference Number: F-092-03/2007-01 Falconbridge Limited and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy Allied Industrial & Services Workers International, Local 5385 Issue: Award: Life Insurance Allowed Date of Award: May 28, 2007 Number of Pages: 17 Arbitrator: Thomas E. Christie Language of Decision: English Reference Number: I-005-22/2008-01 J.D. Irving, Limited and the Communications, Energy & Paperworkers Union of Canada, Local 112N Issue: Award: Discharge/dismissal Dismissed Date of Award: April 28, 2008 Number of Pages: 31 Arbitrator: Donald MacLean Language of Decision: French Grievance Arbitration Awards 26
Reference Number: J-034-01/2008-01 Jordan Lifecare Centre Inc. and the Canadian Union of Public Employees, Local 4463 Issue: Award: Job Posting Allowed Date of Award: June 3, 2008 Number of Pages: 15 Arbitrator: John P. McEvoy Language of Decision: English Reference Number: N-028-05/2008-01 Nackawic Mechanical Ltd. and the United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States & Canada, Local 772 Issue: Award: Jurisdiction Dismissed Date of Award: March 31, 2008 Number of Pages: 8 Arbitrator: Geoffrey Bladon Language of Decision: English Grievance Arbitration Awards 27
Reference Number: S-059-57/2008-01 Sunny Corner Enterprises Inc. and the International Brotherhood of Electrical Workers, Local 502 Issue: Award: Wages Allowed Date of Award: April 25, 2008 Number of Pages: 14 Arbitrator: Christine Fagan Language of Decision: English Reference Number: U-008-06/2004-01 University of New Brunswick and the University of New Brunswick Employees, Association Issue: Award: Job Posting Dismissed Date of Award: February 20, 2004 Number of Pages: 11 Arbitrator: Thomas E. Christie Language of Decision: English Grievance Arbitration Awards 28
APPENDICES Summary of Charts and Table Appendices 29
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CHART 1 COLA s in New Brunswick (April 1 st June 30 th, 2008) Triggered 13% Capped 0% No Cola 87% Grievance Arbitration Awards 31
CHART 2 Average Duration in Months of Collective Agreements (April 1 st June 30 th, 2008) 24 to 36 months 33% Over 36 months 54% Less than 24 months 13% Grievance Arbitration Awards 32
TABLE I Wage Increase by Industry (April 1 st June 30 th, 2008) INDUSTRY 1 Number of Current Number of employees Average increase covered $ hour % Agriculture, Forestry, Fishing & Hunting 1 38 $0.21 1.23 Construction 1 346 $1.86 7.04 Health Care & Social Services 2 38 $0.62 5.63 Manufacturing 4 928 $0.37 1.84 Public Administration 4 172 $0.74 3.84 Retail Trade 3 94 $0.18 2.07 TOTAL 15 1616 $0.72 3.25 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.ca/english/subjects/standard/naics/2002/naics02-menu.htm Grievance Arbitration Awards 33