ARTICLE 31 - GENERAL CONDITIONS**

31.01 - T4 Tax Forms   31.02 - Parking**   31.03 - Tools   

31.04 - Replacement of Tradesperson’s Hand Tools

31.05 - Comprehensive Insurance   31.06 - Indemnity   

31.07 - Reimbursement for Loss of Personal Effects   31.08 - Refits

31.01 - T4 Tax Forms

The Employer agrees to provide the employees with their T4 tax forms by February 28 of each year.

 

31.02 - Parking**

(a) The Employer and the Union agree that there shall be no change in parking regulations and policies except by mutual agreement of the parties.

 

(b) Crew parking areas at all major terminals shall be adequately fenced, well lit and regularly patrolled throughout the dark hours.

 

(c) It shall be the responsibility of the Terminal Manager or his/her designate to ensure that crew parking spaces are not used by unauthorized persons.

 

(d) The Employer shall issue a parking permit to each employee.

 

(e) (September 15, 2000) regular employees based at Fort Street, Victoria, will receive $30.00 per month for parking expenses when an official parking receipt is provided to the Employer.

 

31.03 - Tools

(a) The Employer shall provide the tools and supplies for vessel maintenance.

 

(b) The Employer shall furnish all tools for the galley, including knives for the cooks.

 

31.04 - Replacement of Tradesperson’s Hand Tools

(a) The Employer shall replace the employee’s hand tools and tool boxes which may be lost or broken while used on the job. Replacements shall be of equal quality.

 

(b) Where the Employer requires the employee to use metric tools, Employer-issued tools shall be made available.

 

31.05 - Comprehensive Insurance

The Employer shall pay the premium for comprehensive insurance covering tools, reference texts and instruments owned by the employees and required to be used in the performance of their duties at the request of the Employer.

 

31.06 - Indemnity

(a) Civil Actions - Except where a joint Union-Employer Committee considers that there has been flagrant or wilful negligence on the part of an employee, the Employer agrees not to seek indemnity against an employee whose actions result in a judgement against the Employer. The Employer agrees to pay any judgement against an employee arising out of the performance of his/her duties. The Employer also agrees to pay any legal costs incurred in the proceedings.

 

(b) Criminal Actions - Where an employee is charged with an offence resulting directly from the proper performance of his/her duties and is subsequently found not guilty, the employee shall be reimbursed for reasonable legal fees.

 

(c) Canada Shipping Act - Where an employee is called before a hearing held under the Canada Shipping Act resulting directly from the proper performance of his/her duties, the employee shall be reimbursed for reasonable legal fees.

 

(d) At the option of the Employer, the Employer may provide for legal services in the defense of any legal proceedings involving the employee (so long as no conflict of interest arises between the Employer and the employee) or pay the legal fees of counsel chosen by an employee.

 

(e) In order that the above provisions shall be binding upon the Employer, the employee shall notify the Employer immediately, in writing, of any incident or course of events which may lead to legal action against him/her, and the intention or knowledge of such possible legal action is evidenced by any of the following circumstances:

1. When the employee is first approached by any person or organization notifying him/her of intended legal action against him/her; or

2. When the employee him/herself requires or retains legal counsel in regard to the incident or course of events; or

3. Where any investigative body or authority first notifies the employee of any investigation or other proceeding which might lead to legal action against the employee; or

4. When information first becomes known to the employee in light of which it is a reasonable assumption that the employee would conclude that s/he might be the object of legal action; or

5. When the employee receives notice of any legal proceedings of any nature or kind.

 

31.07 - Reimbursement for Loss of Personal Effects

Any employee covered by this Agreement who, while in the employ of the Corporation or on Corporation business suffers a loss of clothing or personal effects from Corporation property as a result of a disaster, shall be compensated for that loss to a maximum of $3,000 for employees on live-aboard vessels, and $1,000 for all other employees.

 

31.08 - Refits

(a) Where practical, refits shall be carried out by ships’ personnel in order to provide continuity of employment.

 

(b) When an employee is required to work on a vessel which is not in operation due to breakdown or overhaul, or on a vessel which is under construction, the employee shall work his/her regular standard daily hours on such schedules as may be mutually agreed to from time to time. For work performed in these hours s/he shall be paid at his/her regular pay.