Enron Mail

From:dcrawford@davis.ca
To:michelle.cash@enron.com
Subject:Re: Celgar - Asbestos Claims
Cc:
Bcc:
Date:Tue, 12 Dec 2000 03:29:00 -0800 (PST)

Michelle,
?
We faxed a 57-page package to you on Friday. Let me know if you didn't
receive it. In the meantime, my secretary is faxing you the KPMG letter to
Doug Cargill, which is identical to all the other letters that were sent to
non-union employees.

<<< <Michelle.Cash@enron.com< 12/12/00 08:55AM <<<

Dean, to whom did you send the package last week?





"Dean Crawford" <dcrawford@davis.ca< on 12/12/2000 10:09:11 AM

To:?? <Michelle.Cash@enron.com<
cc:?? "Brian Hiebert" <BFH@davis.ca<, <Finley.Biggerstaff@enron.com<,
????? <Kathy.Neal@enron.com<, <Peter.del.Vecchio@enron.com<,
????? <Rick.Johnson@enron.com<, <Timothy.Callahan@enron.com<
Subject:? Re: Celgar - Asbestos Claims



Michelle,

Sorry, I should have been more clear on the 4 - 6 % vacation? pay. That is
the statutory minimum under the Employment Standards Act. It? applies to
non-union employees. It only applies to union employees if the? equivalent
provisions in the collective agreement do not "meet or exceed" the? Act's
provisions. Since the collective agreement's provisions are better than
the provisions in the Act, the Act's vacation pay provisions do not apply
to? union employees.

In terms of the payment schedule, for union employees the? collective
agreement stipulates they may take their vacation pay at the start of? the
year. I believe Celgar applies a similar policy for non-union employees,
but? I'll check on that. When their actual time for vacation comes up, they
may? actually have to take that time off without any pay if they've already
elected? to take the pay earlier.

For both union and non-union employees, vacation pay is earned? and accrued
in one year and paid out the next. So in 2001, all Celgar employees? will
be entitled to vacation pay based on a percentage of their 2000? earnings.

With respect to the standard employment contract, there really? isn't one,
save for the letter of employment that KPMG sent out to all? employees. The
letter from KPMG to Doug Cargill is a sample. It was in the? package I sent
on Friday last week. If you don't have it, please let me know and? I'll
send it.

There are also position descriptions for every union and? non-union
employees that are given to the employees upon hiring. These might? also be
considered part of the contract of employment, though they are not
incorporated into a letter of employment.

Hope that answers your questions. Please let me know if I may? be of
further assistance.

Dean

<<<? <Michelle.Cash@enron.com< 12/11/00 01:25PM <<<

Thanks,? Dean.

Two questions have arisen based upon your diligence? summary:

1.? Do you have a copy of the "standard" employment? letter?? We haven't
seen it (or, at least I haven't).
2.? What? is meant by the 4-6% vacation pay?? How does that work?? How? are
the pre-payments made?? Does the person get the money early and then? not
get paid for time off later on?? Additional explanations would be? helpful.

Thanks.

Michelle





"Dean Crawford"? <dcrawford@davis.ca< on 12/11/2000 02:10:27 PM

To:??? <pdelvec@ect.enron.com<,? <Michelle.Cash@enron.com<
cc:?? "Brian Hiebert"? <BFH@davis.ca<
Subject:? Celgar - Asbestos? Claims



Peter & Michelle,

Brian Hiebert forwarded to me? Peter's questions regarding the risk of
asbestos litigation at? Celgar.

Under the Workers Compensation Act, employers in British?? Columbia are
required to contribute to an accident fund which provides?? compensation
for
injuries or occupational diseases arising out of employment.? In? turn,?the
Act?provides employers statutory immunity? from?damages? in respect of any
personal injury, disablement or? death arising out of and in? the course of
employment.

The? accident fund would cover asbestos claims. There are no
exceptions?which? would allow asbestos litigation?against employers.? The
Act? does?not prohibit?litigation against third parties, eg.
manufacturers
of asbestos, but employers, as stated, are immune from? such? actions.

Compensation is payable if the worker sustains? pulmonary injury by a
disabling form of asbestosis. We will make the? appropriate enquires about
any? compensation paid to Celgar? employees.