Common use of Flexible Provision Clause in Contracts

Flexible Provision. The Option #2 flexible provision requires the Employer (or the on-site representative of the Employer) to first achieve the mutual agreement of the majority of the affected Employees. If this is not possible, then the default provision shall prevail. The intent of the flexible provision is to provide both the Employer and Employees with the ability to adjust the scheduling of second and subsequent meal breaks to the realities of the project and work being performed. The typical application of the flexible provision would be to delay the second meal break until the conclusion of work on the shift. Labourers Standard ICI Agreement May 1, 2019 to April 30, ▇▇▇▇ ▇▇▇▇▇▇▇▇ "C" PAGE 4 OF 4 LETTER OF INTERPRETATION RE: MEAL BREAKS For example, Employees report to the project and commence work on a ten (10) hour shift. However, after ten (10) hours of work has been completed it is determined that one-half (V2) hour of unscheduled overtime will be required. In such a situation, the Employer would consult with .fil of the affected Employees in order to determine if a majority of the crew wishes to delay the second meal break until after the one-half (V2) hour of unscheduled overtime has been completed. If mutual agreement is achieved, the following schedule would prevail. If mutual agreement is not achieved, the default provision would prevail. 5.0 hours 0.5 hours 5.0 hours 0.5 hours 0.5 hours 7:00 am to 12:00 noon 12:00 noon to 12:30 pm 12:30 pm to 5:30 pm 5:30 pm to 6:30 pm 6:30 pm to 7:00 pm work (straight time or overtime as the day/shift warrants) first meal break (not paid) work (straight time or overtime as the day/shift warrants) work (overtime) second meal break (payable at straight time) The typical application of this schedule would allow for Employees to depart for home at 6:30 pm, and be paid the twenty-five dollar ($25.00) allowance in lieu of the hot meal. Labourers Standard ICI Agreement May 1, 2019 to April 30, ▇▇▇▇ ▇▇▇▇▇▇▇▇ "D" PAGE 1OF3 DEFINITIONS AND ABBREVIATIONS The following definitions and abbreviations shall be applicable to the interpretation of this Agreement. 1. BCBCBTU Bargaining Council of British Columbia Building Trade Unions 2. BCBT BC Building Trades (i.e. the British Columbia and Yukon Territory Building and Construction Trades Council) 3. CLR Construction Labour Relations Association of BC