Common use of SCOPE 2 Clause in Contracts

SCOPE 2. 01 (a) This agreement shall apply in respect to all nondestructive testing work and heat treatment work performed by the employer or by any person, firm or corporation owned or financially controlled by the employer in Canada. For greater certainty, this clause shall be construed to mean any business, undertaking or a part that has been sold, leased, transferred or merged with another business, undertaking or part of it or otherwise disposed of so that the control, management or supervision of it would pass to a purchaser, lessee transferee or person acquiring it or where an employer may operate a business, venture or undertaking which is in a related or associated business and is under the common control and direction of one or more parties, either directly or indirectly. The broadest possible construction shall be placed upon it, so as to achieve the intended purpose of curtailing spin-offs or successor employers. Nondestructive Testing is defined as follows: • Radiography including x-ray, gamma ray, fluoroscopy, real time and ground penetrating radar, • Ultrasonics including automated, immersion, contact, • Magnetic Particle Inspection – all industrial forms, • Liquid Penetrant Inspection – all industrial forms, • Eddy Current including Remote Field Testing and Electro Magnetic Inspection, • PMI for material sorting, together with future technological replacements and advancements in these methods. (b) This definition of nondestructive testing does not prohibit the Council from organizing and seeking certification for employees of the employer engaged in other types of work. If the Council or one of its affiliated unions gains certification or written voluntary recognition for the employees of an employer performing any such functions, the employer will negotiate rates for such employees and include them under this agreement for that employer. (c) If the employer assigns persons covered by this agreement to perform work which is not within the scope of the agreement, all terms and conditions of the agreement shall apply. However that assignment does not bring the work within the scope of the agreement. Such work is “chargeable” unless it falls within the specific definition of unchargeable time. This scope clause may differ in some appendices. See Appendices for complete scope for. Atlantic, Pacific, Prairie, Central, Quebec, Heat Treat, and Pipeline Appendices… (d) By way of example, this shall mean that if a person who is already a QCCC member is used to perform Visual Inspection work they shall be paid the greater of their regular rate or the CWB rate as shown in the regional wage rate appendix. [Prairie and Pacific Region: See Appendices D and E]