D-2, r. 14 - Decree respecting the non-structural metalwork industry in the Montréal region

Section 1.01 Disposition versions

2012-09-01

1.01. For the purposes of this Decree, the following expressions mean:

(a)  “mechanic”: the employee who meets the following requirements:

i.  has 208 weeks of experience in the trade or the equivalent, according to the recommendation of the board of examiners;

ii.  is able to read and understand plans, drawings and patterns;

iii.  traces and uses all machines or tools used in the shop to cut, saw, pierce, perforate and form;

iv.  has a practical knowledge of burning or welding with a gas torch or electricity, etc.;

v.  joins together all the pieces in order to form a whole and thus finished the work required;

vi.  performs without supervision all the operations in the shop within the professional jurisdiction of this Decree. The employee assigned to such work must hold a certificate of competency;

(b)  “fitter”: the employee who meets the following requirements:

i.  has 156 weeks of experience in the trade or the equivalent according to the recommendation of the board of examiners;

ii.  performs his work according to directions and instructions received from a mechanic or a foreman;

iii.  works from plans and drawings to do tracing and to make patterns and, under direction, to complete his work;

iv.  uses the machines and tools ordinarily used to ply his trade;

v.  has a practical knowledge of burning or welding with a gas torch or electricity, etc.;

vi.  holds a certificate of competency;

(c)  “brake press operator”: employee able to trace and operate his machine to form any material according to plans. This employee must hold a certificate of competency;

(d)  “blade shear operator”: employee able to trace and to operate his machine to cut any material according to plans. This employee must hold a certificate of competency;

(e)  “buffer”: employee able to polish all metals manually or with a machine;

(f)  “truck driver”: employee who has the responsibility of driving a truck; he loads and unloads the truck; he may work as a receiver or shipper. He may also work as a production worker A and has a labourer. This employee must hold a certificate of competency;

(g)  “trailer-truck driver”: employee who has the responsibility of driving a trailer-truck. Moreover, he may assume the duties of the truck driver described in paragraph f;

(h)  “production worker A”: employee who may work alone on the work-bench, weld and cut with a torch, assemble, polish, do small adjustments and operate machines for mass production work;

(i)  “production worker B”: employee who helps a mechanic, a fitter or a production worker A. He may also perform the work of a production worker A, including welding, provided that he works under the direct supervision of a mechanic, a fitter or a production worker A;

(j)  “labourer”: employee who performs any non-specialized work such as painting, grinding, handling materials, sweeping the grounds and helping the mechanic, the fitter and the production worker;

(k)  (paragraph revoked);

(l)  “painter”: employee who uses any specialized equipment to apply paint;

(m)  “spouse”: means either of 2 persons who:

i.  are married or in a civil union and cohabiting;

ii.  being of opposite sex or the same sex, are living together in a de facto union and are the father and mother of the same child;

iii.  are of opposite sex or the same sex and have been living together in a de facto union for 1 year or more;

(n)  “continuous service”: the uninterrupted period during which the employee is bound to the employer by a contract of employment, even if the performance of work has been interrupted without cancellation of the contract, and the period during which fixed term contracts succeed one another without interruption that would, in the circumstances, give cause to conclude that the contract was not renewed.

R.R.Q., 1981, c. D-2, r. 35, s. 1.01; O.C. 660-82, s. 1; O.C. 1673-88, s. 1; O.C. 956-93, s. 1; O.C. 1127-94, s. 2; O.C. 736-2005, s. 1.