ARTICLE 2 - UNION RECOGNITION AND RIGHTS

2.02 - Bargaining Agent Recognition

2.03 - Representation

2.04 - Recognition and Rights of Shop Stewards

2.05 - Union Representatives

2.06 - Correspondence

2.08 - Bulletin Boards

2.09 - Union Insignia

2.10 - Union Meetings

2.11 - Joint Committees

2.12 - Union/Management Consultation Committees**

2.01 - Bargaining Unit Defined

The bargaining unit shall be comprised of all employees within the British Columbia Ferry Corporation, except those positions excluded from the unit as decreed by the appropriate authority, or as agreed by the parties.

 

2.02 - Bargaining Agent Recognition

(a) The Employer recognizes the B.C. Ferry and Marine Workersí Union as the exclusive bargaining agent for all employees for whom the Union is certified.

 

(b) In the event of a change in the composition of the bargaining unit, the parties agree to meet immediately to negotiate terms and conditions of employment for the new employees. Either party may, at any time, submit the unresolved issues for resolution to an interest dispute arbitration board convened in accordance with clause 5.02 of this Agreement.

 

2.03 - Representation

No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. To implement this, the Union shall supply the Employer with the names of its officers and, similarly, the Employer shall supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business.

 

2.04 - Recognition and Rights of Shop Stewards

(a) The Employer recognizes the Union's right to select shop stewards to represent employees.

 

(b) The Union agrees to provide the Employer with a list of the employees designated as shop stewards for each jurisdictional area, taking into account both operational and geographic considerations. A shop steward, or his/her alternate, shall obtain the permission of his/her immediate supervisor before leaving his/her work to perform his/her duties as a shop steward. Such permission shall not be unreasonably withheld. On resuming his/her normal

duties, the shop steward shall notify his/her supervisor. The duties of shop stewards shall include:

1. investigation of complaints of an urgent nature;

2. investigation of grievances and assisting any employee which the shop steward represents in presenting a grievance in accordance with the grievance procedure;

3. supervision of ballot boxes and other related functions during ratification votes;

4. attending meetings to which s/he is called by the Employer.

 

2.05 - Union Representatives

(a) The Employer agrees that access to its premises shall be granted to members of the staff of the Union when dealing or negotiating with the Employer, as well as for the purpose of investigating and assisting in the settlement of a grievance.

 

(b) In order to facilitate the orderly, as well as the confidential investigation of grievances, the Employer shall make available to Union representatives or shop stewards temporary use of an office or similar facility wherever possible.

 

2.06 - Correspondence

(a) The Employer agrees that all correspondence between the Employer and the Union related to matters covered in this Agreement shall be sent to the President of the Union. 

 

(b) The Employer agrees that a copy of any correspondence between the Employer or Corporation officials and any employee in the bargaining unit covered by this Agreement pertaining to the interpretation or application of any clause in this Agreement shall be forwarded to the President of the Union.

 

2.07 - No Discrimination

The Employer and the Union agree that there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any employee for reason of membership, non-membership, or activity in the Union.

 

2.08 - Bulletin Boards

The Employer shall provide bulletin board facilities of adequate size and enclosed under plexiglass with a lock and key, for the exclusive use of the Union, the sites to be determined by mutual agreement. The use of such bulletin board facilities shall be restricted to the business affairs of the Union.

 

2.09 - Union Insignia

(a) A Union member shall have the right to wear or display the recognized insignia of the Union. The Union agrees to furnish to the Employer at least one Union shop card for each of the Employer's places of operation covered by this Agreement, to be displayed at mutually agreed locations on the premises. Such card shall remain the property of the

Union and shall be surrendered upon demand.

 

(b) The recognized insignia of the Union shall include the designation "BCFMWU", and may be placed on correspondence typed by a member of the Union. This designation may, at the employee's option, be placed below the signatory initials on typewritten correspondence.

2.10 - Union Meetings

Subject to availability, the Employer shall provide Union representatives access to a meeting room at each point of assembly for Union business, once a month. The Union shall schedule meetings in advance in order to ensure no interference with normal operations.

 

2.11 - Joint Committees

(a) The parties acknowledge the mutual benefits to be derived from the use of Joint Committees to review matters of common interest to the parties.

 

(b) Joint Committees established by the parties shall be composed of members, equal in number, represented by the Employer and the Union. The minimum size of a committee shall be two Union representatives and two Employer representatives. A Joint Committee may call upon additional persons for technical information or advice.

 

(c) An employee serving on a Joint Committee shall receive his/her regular pay and travel expenses as defined by Appendix "B".

 

(d) An employee serving on a Joint Committee on a day of rest is entitled to be compensated in time-off for the equivalent amount of time spent serving on the Committee. Such time off shall not exceed the employees regular hours of work. The employee shall not forfeit days of rest to travel to and from Safety Committee meetings.

 

2.12 - Union/Management Consultation Committees**

(a) Consultation is a useful and constructive exercise in promoting understanding and problem solving between the Employer and the Union. Consultation shall take place between the Employer and the Union on matters of mutual concern but shall not include any matter of collective bargaining including the administration of the collective agreement or grievances. 

 

(b) A Senior Union/Management Committee shall be composed of an equal number of Employer and Union representatives. The maximum size of this Committee shall be ten Union representatives and ten Employer representatives. The Committee shall meet twice annually.

 

(c) Local Union/Management Committees shall be composed of an equal number of Employer and Union representatives. The maximum size of the Committees shall be six Union representatives and six Employer representatives. The Committees shall meet every three months or more often if mutually agreed. Local Union/Management Committees shall be established at:

1. Swartz Bay;

2. Tsawwassen;

3. Departure Bay (including Duke Point and Wellington Road);

4. Horseshoe Bay;

5. Langdale;

6. Inter-Island Services South;

7. Inter-Island Services North;

8. Northern Services;

9. Deas Dock; and

10. Head Office.

 

(d) The Committees shall meet in accordance with clause 2.11.

 

(e) The Committees shall have the authority to:

1. review matters related to the maintenance of good relations between the parties, other than grievances;

2. correct conditions which may give rise to the grievances and misunderstandings.