ARTICLE 14 - CONTRACTING OUT

 

CONTRACTING OUT    

            Article 14

(a)        Except as otherwise provided for in this Article, the Company agrees not to contract out work presently performed by employees covered by this Agreement which would result in the laying off of such employees.

(b)        Prior to any work, which is presently performed by employees covered by this agreement, being contracted out, the Company shall determine whether the work can be done by the B. C. Ferry Services Inc. based on:

i)          its operational needs;

ii)          the capability of its work force; and

iii)         whether the work can be done in a cost effective and competitive manner, including the availability of resources.

(c)        Notwithstanding the foregoing provisions, where the Company, after considering the requirements of (b) above, determines that it will seek additional or alternative service providers to provide ferry services on designated routes, the Company shall meet to discuss and provide the Union with the documents which constitute the request for proposal to bidders on this work.  The Union shall be given an opportunity to discuss with the Company whether the members of the Union could continue to perform the work in a manner which would satisfy Clause (b) above and the terms of the request for proposal.

(d)        If the Union provides a written proposal as to how the members of the Union could satisfy Clause (b) above and the terms of the Request for Proposal, the Company shall give the Union’s proposal due consideration.  Due consideration shall mean that the Company has considered the proposal in good faith and has met with the Union to provide it with reasons for its decision to reject or accept the Union’s proposal.

(e)        In considering the contracting out of ferry services on designated ferry routes, the Company’s decision has to be made in good faith and pursuant to a bona fide business purpose.

(f)         Notwithstanding the above, the Company may contract out work in emergencies.

(g)        If having satisfied the provisions of this Article, the Company decides to proceed to contract out or to proceed with additional or alternative service providers to provide ferry services on designated ferry routes, employees directly affected shall be subject to work force adjustment in accordance with Article 12.  The Company shall consult with the Union through a Work Force Adjustment Committee in accordance with Clause

12.01 (c).

(h)        Where the Company decides to contract out work, all such contracting out shall be awarded to unionized Companies, provided the service required is available from unionized Companies on terms which satisfy the provisions of this Article.  In particular, it must take into account whether the work can be done in a cost effective and competitive manner, including the availability of resources.

(i)         Any disputes arising from this Article will be referred to Vince Ready or Irene Holden for binding resolution.