1.01 The purpose of this Agreement is to maintain harmonious
relationships between the Employer, the Association and the employees and to set
forth herein the terms and conditions of employment upon which agreement has
been reached through collective bargaining.
2.01 For the purpose of this Agreement,
(a) "Association" means the Federal Government Dockyard
Chargehands Association (« Association »);
(b) "bargaining unit" means all chargehand, and production
supervisor employees of the Employer in the Ship Repair Group of the Operational
Category located on the east coast as described in the certificate issued by the
Public Service Staff Relations Board on May 20th, 1999 (« unité de
négociation »);
**
(c) "common-law partner" in relation to an individual, means a
person who is cohabiting with the individual in a conjugal relationship, having
so cohabited for a period of at least one year (« conjoint de fait »);
(d) "continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of Employment
Regulations (« emploi continu »);
(e) "daily rate of pay" means an employee's weekly rate of
pay divided by five (5) (« taux de rémunération journalier »);
(f) "day" (« journée ») means a twenty-four (24)-hour
period:
(i) commencing at 23:45 and ending at 23:45 the following day for employees
subject to clause 6.02(a),
(ii) commencing at 00:00 and ending at 24:00 for employees subject to
clause 6.02(b), and
(iii) commencing at 00:15 and ending at 00:15 hours the following day for
employees subject to clause 6.02(c);
(g) "double time" means two (2) times the straight-time rate
(« tarif double »);
(h) "employee" means an employee as defined in the Public
Service Staff Relations Act and who is a member of the Ship Repair
Chargehands bargaining unit (« employé »);
(i) "Employer", except as specifically provided in clause
14.01, means Her Majesty in right of Canada as represented by the Treasury
Board, and includes any person authorized to exercise the authority of the
Treasury Board (« Employeur »);
(j) "harbour limits" means an East-West line of 063 degrees
(true) from York Redoubt through Maughers Beach on McNabbs Island. The area
north of this line constitutes the Halifax harbour area and includes Bedford
Basin (« limites du port »);
(k) "holiday pay" means eight (8) hours' pay («
rémunération de jour férié »);
(l) "hourly rate of pay" means the employee's weekly rate of
pay divided by forty (40) (« taux de rémunération horaire »);
(m) "lay-off" means an employee whose employment has been
terminated because of lack of work or because of the discontinuance of a
function (« personne licenciée »);
(n) "leave" means authorized absence from duty by an
employee during the employee's regular or normal hours of work (« congé »);
(o) "overtime" means time worked by an employee outside of
the employee's regularly scheduled hours (« travail supplémentaire »);
(p) "pay" means basic rates of pay as specified in Appendix
"A", and does not include shift premium (« rémunération »);
(q) "sea trials" means trials conducted outside the harbour
limits (« essais en mer »);
(r) "straight-time rate" means the hourly rate of pay («
taux des heures normales »);
(s) "triple time" means three (3) times the straight-time
rate (« tarif triple »);
(t) "weekly rate of pay" means an employee's annual rate of
pay divided by 52.176 (« taux de rémunération hebdomadaire »).
2.02 Except as otherwise provided in this Agreement, expressions used
in this Agreement,
(a) if defined in the Public Service Staff Relations Act, have the
same meaning as given to them in that Act;
(b) if defined in the Interpretation Act, but not defined in the Public
Service Staff Relations Act, have the same meaning as given to them in the Interpretation
Act.
3.01 If any law now in force or enacted during the term of this
Agreement renders null and void any provision of this Agreement, the remaining
provisions shall remain in effect for the term of the Agreement. The parties
shall thereupon seek to negotiate substitute provisions which are in conformity
with the applicable law.
3.02 In the event that there is a conflict between the contents of
this Agreement and any regulation except as provided under Section 57(2) of the Public
Service Staff Relations Act, this Agreement shall take precedence over the
said regulation.
4.01 The provisions of this Agreement apply to the Association,
employees and the Employer.
4.02 Both the English and French texts of this Agreement shall be
official.
4.03 Unless otherwise expressly stipulated, the provisions of this
Agreement apply equally to male and female employees and words imparting the
masculine gender include the feminine gender.
5.01 The Association recognizes and acknowledges that the Employer has
and shall retain the exclusive right and responsibility to manage its operation
in all respects and it is expressly understood that all such rights and
responsibilities not specifically covered or modified by this Agreement shall
remain the exclusive rights and responsibilities of the Employer.
Such rights will not be exercised in a manner inconsistent with the expressed
provisions of this Agreement.
5.02 This Article will not restrict the right of an employee to submit
a grievance in accordance with the Public Service Staff Relations Act.
6.01 Hours of Work
(a) The hours of work shall be forty (40) hours per week and eight (8) hours
per day.
(b) The workweek and workdays shall be:
(i) from Sunday 23:45 to Friday 23:45 inclusive for employees subject to
clause 6.02(a),
(ii) from Monday to Friday inclusive for employees subject to clause
6.02(b), and
(iii) from Monday 00:15 to Saturday 00:15 inclusive for employees subject
to clause 6.02(c).
(c) The first and second days of rest shall be:
(i) from Friday 23:45 to Saturday 23:45 and from Saturday 23:45 to Sunday
23:45 respectively for employees subject to clause 6.02(a),
(ii) Saturday and Sunday respectively for employees subject to clause
6.02(b), and
(iii) from Saturday 00:15 to Sunday 00:15 and from Sunday 00:15 to Monday
00:15 respectively for employees subject to clause 6.02(c).
6.02 The hours of work shall be scheduled as follows:
(a) the first (night) shift shall be from 23:45 to 08:15 with an unpaid meal
period from 03:45 to 04:15;
(b) the second (day) shift shall be from 07:45 to 16:15 with an unpaid meal
period from 12:00 to 12:30;
(c) the third (evening) shift shall be from 15:45 to 00:15 with an unpaid
meal period from 19:45 to 20:15.
6.03 Notwithstanding the provisions of clause 6.02, the Association
recognizes the requirement for certain employees to regularly report for work
and to cease work at different hours than those established in clause 6.02, and
the Employer agrees to discuss with the Association such changes in working
hours before implementing them.
6.04 The hours of work described in clauses 6.01 and 6.02 shall not be
construed as a guarantee of a minimum or of a maximum hours of work.
6.05 An employee may be transferred from one shift to another within a
workday subject to the application of clause 6.09.
6.06 Notwithstanding the provisions of clause 6.02:
(a) An employee who works on the first (night) or third (evening) shift:
(i) on three (3) or more consecutive workdays within a workweek,
or
(ii) on the first or on the first and second workdays in a workweek
following a full workweek on the first (night) or third (evening) shift,
or
(iii) on the last or on the last and next to last workdays in a workweek
preceding a full workweek on the first (night) or third (evening) shift,
shall receive a shift premium as specified in clause 18.01.
For the purpose of clause 6.06(a), an employee on leave during the days
referred to in clause 6.06(a) shall not be considered as breaking the
consecutive workday or full workweek requirement of that clause.
For the purpose of clause 6.06(a)(i), a paid holiday shall not be considered
as breaking the consecutive workday requirement providing three (3) days of
shift work are scheduled.
Where shift work is scheduled for a full workweek which includes a designated
paid holiday, the holiday shall not affect the requirements of a full workweek
referred to in clause 6.06(a)(ii) and (iii).
(b) An employee who works on the first or third shift, other than as
described in 6.06(a) shall be paid at double (2) time rate for each hour so
worked and no shift premium shall be paid.
6.07 The Employer will schedule shift work only when necessary. On the
occasion of shift on a project the Employer will give to the employees and
Association as much notice as practicable prior to the commencement of shift
work.
6.08 Overtime
The Employer will make every reasonable effort:
(a) to distribute overtime fairly among available qualified employees;
(b) to give at least four (4) hours' advance notice to employees who are
required to work overtime;
(c) to keep overtime to a minimum.
6.09 Overtime Compensation
Subject to clause 6.13, overtime shall be compensated at the following rates:
(a) double (2) time for all hours worked in excess of eight (8) hours in a
continuous period of work or in excess of eight (8) hours in a day to a maximum
of sixteen (16) hours in a continuous period of work; and for all hours worked
on a day of rest to a maximum of sixteen (16) hours;
(b) triple (3) time for each hour worked in excess of sixteen (16) hours in a
continuous period of work or in excess of sixteen (16) hours in any twenty-four
(24)-hour period, and for all hours worked by an employee who is recalled to
work before the expiration of the eight (8)-hour period referred to in clause
6.10.
**
6.10 Subject to clause 6.11, an employee who works for a period of
fifteen (15) hours or more in a twenty-four (24) hour period shall not report on
his or her next regular scheduled shift until nine (9) hours has elapsed from
the end of the previous working period unless otherwise informed by his or her
supervisor. If, in the application of this clause, an employee works less than
his or her next full shift, the employee shall, nevertheless, receive eight (8)
hours' regular pay.
6.11 An employee will not work more than fifteen (15) hours in a
twenty-four (24) hour period except where operational requirements dictate
otherwise.
6.12 When an employee is required to report for prescheduled overtime
and reports to work on a designated paid holiday which is not the employee's
scheduled day of work, or on the employee's day of rest, the employee shall be
paid the greater of:
(a) compensation at the applicable overtime rate for all hours worked,
or
(b) compensation equivalent to four (4) hours' pay at the employee's hourly
rate of pay, except that the minimum of four (4) hours' pay shall apply the
first time only an employee is required to report for prescheduled overtime
during a period of eight (8) hours, starting with the employee's first
reporting.
6.13 An employee is entitled to overtime compensation for each
completed six (6)-minute period of overtime worked by him/her.
6.14 When management requires an employee to work through his or her
regular meal period, the employee shall be paid at the applicable overtime rate
for the period worked therein, and the employee shall be given time off with pay
to eat.
6.15
(a) Notwithstanding the provisions of clauses 6.09 and 9.03, an employee may
request, in lieu of overtime payment, compensatory leave with pay. Approval of
the Employer shall not be unreasonably withheld.
(b) The rate of pay to which an employee is entitled during such leave shall
be based on the employee's hourly rate of pay as calculated from the
classification prescribed in the employee's certificate of appointment in the
employee's substantive position on the day immediately prior to the day on which
leave is taken.
(c) The Employer shall grant compensatory leave at times convenient to both
the employee and the Employer.
(d) Accumulated compensatory leave not used by March 31st of each
year shall normally be paid in cash. Such leave may by mutual agreement be
carried over to the following leave year.
6.16 Rest Periods
The Employer shall schedule two (2) rest periods of ten (10) minutes each
during each full shift.
**
6.17 Overtime Meal Allowance
(a) A meal allowance of ten dollars ($10.00) will be paid:
(i) to an employee who is not advised prior to mid-shift that he/she will
be required to work overtime and provided the employee works for three (3)
hours, commencing not more than one (1) hour following the employee's normal
quitting time;
(ii) to an employee who is required to work at least three (3) hours
immediately preceding the employee's normal starting time;
(iii) after an employee has worked an initial period of three (3) hours
overtime, for each subsequent four (4)-hour period of overtime worked;
(iv) to an employee who has been recalled to work as provided in clause
7.01 for each four (4)-hour period of overtime worked; and
(v) to an employee who has been advised that he/she is required to work
overtime commencing not more than one (1) hour following the normal quitting
time and is subsequently advised after mid-shift that he/she is not required
to work.
(b) Except as provided in clause 6.17(a)(iv), an employee who works overtime
on days of rest or holidays is not entitled to a meal allowance for the first
eight (8) hours worked. A meal allowance of ten dollars ($10.00) will be paid
for each subsequent four (4)-hour period of overtime worked.
(c) The provisions of clauses 6.17(a) and (b) will not apply to employees
assigned to sea trials where meals are provided without charge to the employees
during periods described in clauses 6.17(a) and (b).
7.01 When an employee is called back to work overtime after he/she has
left the Employer's premises:
(a) on a designated paid holiday which is not an employee scheduled day of
work,
or
(b) on an employee's day of rest,
or
(c) after the employee has completed his or her work for the day, and returns
to work the employee shall be paid the greater of:
(i) compensation at the applicable overtime rate for time worked,
or
(ii) compensation equivalent to four (4) hours' pay at the straight-time
rate,
provided that the period worked by the employee is not contiguous to the
employee's scheduled shift and the employee was not notified of such overtime
requirement prior to completing his or her last period of work.
7.02 Other than when required by the Employer to operate a vehicle of
the Employer for transportation to a work location other than the employee's
normal place of work, time spent by the employee reporting to work or returning
to the employee's residence shall not constitute time worked.
7.03 An employee who receives a call to duty or responds to a
telephone or data line call after completing his or her work for the day and
leaving his or her place of work may, at the discretion of the Employer, work at
the employee's residence or at another place to which the Employer agrees, and
receive compensation for time worked in accordance with the Overtime Article. In
such instances, employees shall not be entitled to the minimum compensation
under clause 7.01(c)(ii).
7.04 Compensation under this Article is not to be construed as
different from or additional to overtime pay, but shall be construed as
establishing minimum compensation to be paid.
8.01 Subject to clause 8.02, the following days shall be designated
paid holidays:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration
of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day
of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is
recognized to be a provincial or civic holiday in the area in which the employee
is employed or in any area where, in the opinion of the Employer, no such day is
recognized as a provincial or civic holiday, the first Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a national
holiday.
8.02 Clause 8.01 applies only to an employee who is entitled to pay
for at least ten (10) days during the thirty (30) calendar days immediately
preceding the holiday.
8.03 Holiday Falling on a Day of Rest
When a day designated as a holiday under clause 8.01 coincides with an
employee's day of rest, the holiday shall be moved to the employee's next
scheduled working day or to the second scheduled work day if the employee would
otherwise lose credit for the holiday.
8.04 When a day designated as a holiday for an employee is moved to
another day under the provisions of clause 8.03,
(a) work performed by an employee on the day from which the holiday was moved
shall be considered as work performed on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved,
shall be considered as work performed on a holiday.
8.05 Compensation for Work on a Holiday
Where an employee works on a holiday the employee shall be paid at the
following rates:
(a) holiday pay plus double time for the first eight (8) hours of work,
(b) triple time for hours worked in excess of eight (8).
8.06 Holiday Coinciding with a Day of Paid Leave
Where a day that is a designated holiday for an employee falls within a
period of leave with pay, the holiday shall not count as a day of leave.
9.01 No employee shall be required by the Employer to use his or her
own car for government business.
9.02
(a) Where an employee is required by the Employer to work at a point outside
the employee's headquarters area, the employee shall be reimbursed for
reasonable expenses as defined by the Employer.
(b) When an employee is required by the Employer to travel to points within
the headquarters area, the employee shall be paid a mileage allowance or
transportation expenses at the rate paid by the Employer.
(c) When an employee travels through more than one (1) time zone, computation
will be made as if he had remained in the time zone of the point of origin for
continuous travel and in the time zone of each point of overnight stay after the
first day of travel.
9.03 Where an employee is required by the Employer to travel to a
point away from the employee's normal place of work, the employee shall be
compensated as follows:
(a) on any day on which the employee travels but does not work, at the
applicable straight-time or overtime rate for the hours travelled, but the total
amount shall not exceed twelve (12) hours' straight time;
(b) on a normal workday in which the employee travels and works:
(i) during the employee's regular scheduled hours of work at the
straight-time rate not exceeding eight (8) hours' pay,
(ii) at the applicable overtime rate for all time worked outside the
employee's regular scheduled hours of work,
(iii) at the applicable overtime rate for all travel outside the employee's
regular scheduled hours of work to a maximum of twelve (12) hours' pay at
straight time in any twenty-four (24)-hour period;
(c) on a rest day on which the employee travels and works, at the applicable
overtime rate:
(i) for travel time, in an amount not exceeding twelve (12) hours
straight-time pay,
and
(ii) for all time worked;
(d) notwithstanding the limitations stated in Article 9.03(a), (b) and (c),
where an employee travels on duty, but does not work, for more than four (4)
hours between 22:00 and 06:00, and no sleeping accommodation is provided, the
employee shall be compensated at the applicable overtime rate for a maximum of
twelve (12) hours' straight-time pay.
9.04 The Employer recognizes the value of safety belts or barriers in
vehicles not designed for the carrying of passengers and will endeavour to
provide vehicles with such equipment for transporting employees.
9.05 When an employee dies or is injured as a result of an unscheduled
flight the employee is required to undertake, the employee or the employee's
estate shall be paid compensation with respect to flying accidents in accordance
with the policy in force at the time the accident occurred.
9.06
(a) An employee assigned to a military establishment when in travel status
will not be required to make use of the establishment for accommodation and
messing except where it is evident that to stay elsewhere would be inconsistent
with good order and common sense (for example, certain training courses, no
suitable commercial accommodation is convenient and available, etc.).
(b) Subject to clause 9.06(a), when an employee is required to utilize
service accommodation, such accommodation shall be the equivalent where
available, of good commercial accommodation.
9.07 Travel Status Leave
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his permanent residence for forty (40) nights during a fiscal
year shall be granted one (1) day off with pay. The employee shall be credited
with one additional day off for each additional 20 nights that the employee is
away from his or her permanent residence to a maximum of 80 nights.
(b) The maximum number of days off earned under this clause shall not exceed
five (5) days in a fiscal year and shall accumulate as compensatory leave with
pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to
clause 6.15.
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
10.01 The amount of leave with pay credited to an employee by the
Employer at the time this Agreement becomes effective, or at the time when the
employee becomes subject to this Agreement, shall be retained by the employee.
10.02 An employee who, on the day that this Agreement becomes
effective, is entitled to receive furlough leave, that is to say five (5) weeks'
furlough leave with pay upon completing twenty (20) years of continuous
employment, retains entitlement to furlough leave subject to the conditions
respecting the granting of such leave that are in force on the day that this
Agreement becomes effective.
10.03 When the employment of an employee who has been granted more
vacation or sick leave with pay than the employee has earned is terminated by
death, the employee is considered to have earned the amount of leave with pay
granted to him.
10.04 An employee shall not earn leave credits under this Collective
Agreement in any month for which leave has already been credited to the employee
under the terms of any other Collective Agreement to which the Employer is a
party or under other rules or regulations of the Employer.
10.05 An employee shall not be granted two (2) different types of
leave with pay with respect to the same time.
10.06 Except as otherwise specified in this Agreement, where leave
without pay for a period in excess of three (3) months is granted to an
employee, the total period of leave granted shall be deducted from
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave which is for a period of more than three (3) months shall
not be counted for pay increment purposes.
11.01 Vacation Year
The vacation year shall be from April 1st to March 31st
of the following year, inclusively.
11.02 Accumulation of Vacation Leave Credits
An employee shall earn, during the vacation year, vacation leave credits at
the following rates for each calendar month during which the employee receives
at least ten (10) days' pay:
(a) six decimal six seven (6.67) hours per month until the month in which the
anniversary of the employee's first (1st) year of continuous
employment occurs,
or
(b) ten (10) hours per month commencing with the month in which the
employee's first (1st) anniversary of continuous employment occurs,
or
(c) Thirteen decimal three four (13.34) hours per month commencing with the
month in which the employee's eighth (8th) anniversary of continuous
employment occurs,
or
(d) Fourteen decimal six seven (14.67) hours per month (for an annual total
of 22 days) commencing with the month in which the employee's sixteenth (16th)
anniversary of continuous employment occurs,
or
(e) Fifteen decimal three four (15.34) hours per month (for an annual total
of 23 days) commencing with the month in which the employee's seventeenth (17th)
anniversary of continuous employment occurs,
or
(f) Sixteen decimal six seven (16.67) hours per month commencing with the
month in which the employee's eighteenth (18th) anniversary of
continuous employment occurs,
or
(g) Eighteen (18) hours per month commencing with the month in which the
employee's twenty-seventh (27th) anniversary of continuous employment
occurs,
or
(h) twenty (20) hours per month commencing with the month in which the
employee's twenty-eight (28th) anniversary of continuous employment
occurs,
(i) however, an employee who has received or is entitled to receive furlough
leave under the provisions of clause 10.02 will earn vacation leave credits at
the rate of thirteen decimal three six (13.36) hours per month from the
beginning of the month in which the employee's twentieth (20th)
anniversary of continuous employment occurs and return to the rate of sixteen
decimal zero eight (16.08) hours per month beginning with the month in which the
employee's twenty-fifth (25th) anniversary of continuous employment
occurs.
11.03 Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent of the
employee's earned credits but an employee who has completed six (6) months of
continuous employment may receive an advance of credits equivalent to the
anticipated credits for the vacation year.
Scheduling of Vacation Leave With Pay
11.04 Subject to clauses 11.05, 11.06 and 11.07, employees shall,
subject to work requirements, normally take all their vacation leave during the
vacation year in which it is earned.
**
11.05 The Employer shall, subject to work requirements, approve vacation
leave at a time convenient to the employee.
11.06 In order to ensure that vacation leave is planned and scheduled
to the optimum benefit of the employee, the following action shall be taken:
**
(a) not later than May 15th, the employee should submit a leave
application indicating his or her preferences for any unscheduled portion of his
or her vacation leave entitlement during the vacation year including if and when
the employee plans to take at least two (2) consecutive weeks of vacation and
periods of short duration;
**
(b) by June 15th, the Employer, subject to work requirements, should
schedule and post the approved vacation leave as requested in clause 11.06(a);
**
(c) by November 15th , subject to clause 11.07, where the employee
fails to submit a leave application indicating his or her intention to take
vacation leave, the Employer shall schedule such leave; and
**
(d) upon request from an employee and with reasonable notice, the Employer
shall, subject to work requirements, schedule vacation leave on shorter notice
than that specified in clauses 11.06(a), (b) and (c).
**
However, it is understood that vacation leave scheduled in accordance with
clauses 11.06(a), (b) and (c) has priority over vacation leave requested under
clause 11.06(d).
11.07 Carry-Over Provisions
**
(a) Carry-over of total accumulated vacation leave up to and including ten (10)
days either because of an employee's personal circumstances or work
requirements, will be approved.
(b)
(i) An employee who has accumulated vacation leave is required to use, in
addition to his or her annual vacation leave twenty (20) days of his or her
accumulated vacation leave until all previously accumulated vacation leave is
reduced to ten (10) days.
(ii) Carry-over of such vacation leave will be allowed under the following
circumstances:
(A) an employee, subject to work requirements, was not permitted to take
vacation leave,
and
(B) the total amount of leave is large and cannot be used within one (1)
year.
(c) During any vacation year, upon application by the employee and at the
discretion of the Employer, earned but unused vacation leave credits in excess
of ten (10) days may be paid in cash at the employee's daily rate of pay as
calculated from the classification prescribed in the employee's certificate of
appointment of the employee's substantive position on March 31st, of
the previous vacation year.
Leave When Employment Terminates
11.08 When an employee dies or otherwise ceases to be employed, the
employee or the employee's estate shall be paid an amount equal to the product
obtained by multiplying the number of days earned but unused vacation with pay
to the employee's credit by the daily rate of pay (i.e. rate in effect at time
of termination) to which the employee is entitled by virtue of the certificate
of appointment in effect at the time of the termination of employment.
11.09 In the event of termination of employment for reasons other than
death, the Employer shall recover from any monies owed the employee an amount
equivalent to unearned vacation leave taken by the employee, calculated on the
basis of the daily rate of pay (i.e. rate in effect at time of termination) to
which the employee is entitled by virtue of the certificate of appointment in
effect at the time of the termination of employment.
Advance Payments
11.10 In view of special circumstances concerning this Group, the
Employer agrees to issue advance payments of estimated net salary for the period
of vacation requested, provided four (4) weeks' notice is received from the
employee prior to the last pay day before proceeding on leave.
11.11 Providing the employee has been authorized to proceed on
vacation leave for the period concerned, pay in advance of going on vacation
shall be made prior to departure and shall consist of an estimated two (2),
three (3), four (4) five (5), or six (6) weeks' net entitlement subsequent to
the last regular pay issue.
11.12 Any overpayments in respect of such pay advances shall be an
immediate first charge against any subsequent pay entitlements and shall be
recovered in full prior to any further payment of salary.
12.01 Credits
An employee shall earn sick leave credits at the rate of one and one-quarter
(1 1/4) days for each calendar month for which the employee is entitled to pay
for at least ten (10) days.
12.02 Granting of Sick Leave With Pay
An employee is eligible for sick leave with pay when the employee is unable
to perform his or her duties because of illness or injury provided that:
(a) the employee satisfies the Employer of this condition in such manner and
at such time as may be determined by the Employer,
and
(b) the employee has the necessary sick leave credits.
**
12.03 Unless otherwise informed by the Employer a statement signed by the
employee stating that because of illness or injury the employee was unable to
perform his or her duties shall, when delivered to the Employer, be considered
as meeting the requirements of clause 12.02(a), if the period of leave requested
does not exceed five (5) days.
12.04 An employee is not eligible for sick leave with pay during any
period in which the employee is on leave without pay or under suspension.
12.05 Where an employee has insufficient or no credits to cover the
granting of sick leave with pay under the provisions of clause 12.02, sick leave
with pay may, at the discretion of the Employer, be granted
(a) for a period of up to twenty-five (25) days if the employee is awaiting a
decision on an application for injury-on-duty leave,
or
(b) for a period of up to fifteen (15) days if the employee has not submitted
an application for injury-on-duty leave,
subject to the deduction of such advanced leave from any sick leave credits
subsequently earned and, in the event of termination of employment for reasons
other than death, the recovery of the advance from any monies owed the employee.
12.06 When an employee is granted sick leave with pay and
injury-on-duty leave is subsequently approved for the same period, it shall be
considered, for the purpose of the record of sick leave credits, that the
employee was not granted sick leave with pay.
13.01
(a) In respect of any request for leave under this Article, the employee may
be required by the Employer to provide satisfactory validation of the
circumstances necessitating such requests.
(b) A statement, written on or accompanying the leave form, signed by the
employee describing the reason for the leave shall normally satisfy the
requirements of clause 13.01(a), and may be used by the Employer in considering
such leave requests.
13.02 Bereavement Leave With Pay
For the purpose of this clause, immediate family is defined as father, mother
(or alternatively stepfather, stepmother, or foster parent), brother, sister,
spouse (including common-law partner resident with the employee), child
(including child of common-law partner), stepchild or ward of the employee,
grandparent, grandchild, father-in-law, mother-in-law, and relative permanently
residing in the employee's household or with whom the employee permanently
resides.
(a) When a member of the employee's immediate family dies, an employee shall
be entitled to a bereavement period of five (5) consecutive calendar days which
must include the day of the funeral. During such period the employee shall be
paid for those days which are not regularly scheduled days of rest for the
employee. In addition, the employee may be granted up to three (3) days' leave
with pay for the purpose of travel related to the death.
(b) An employee is entitled to one (1) day's bereavement leave with pay for
the purpose related to the death of his or her son-in-law, daughter-in-law,
brother-in-law or sister-in-law.
(c) If, during a period of sick leave, vacation leave or compensatory leave,
an employee is bereaved in circumstances under which he or she would have been
eligible for bereavement leave with pay under clauses 13.02(a) and 13.02(b), the
employee shall be granted bereavement leave with pay and his or her paid leave
credits shall be restored to the extent of any concurrent bereavement leave with
pay granted.
(d) It is recognized by the parties that the circumstances which call for
leave in respect of bereavement are based on individual circumstances. On
request, the deputy head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater than that
provided for in clauses 13.02(a) and 13.02(b).
13.03 Court Leave With Pay
The Employer shall grant leave with pay to an employee, other than an
employee on leave without pay, or under suspension for the period of time his
presence is required during his scheduled hours of work:
(a) to be available for jury selection;
(b) to serve on a jury;
(c) by subpoena or summons to attend as a witness in any proceedings, except
one to which an employee is a party, held:
(i) in or under the authority of a court of justice or before a grand jury,
(ii) before a court, judge, justice magistrate or coroner,
(iii) before the Senate or House of Commons of Canada or a committee of the
Senate or House of Commons otherwise than in the performance of the duties of
the employee's position,
(iv) before a legislative council, legislative assembly or house of
assembly, or any committee thereof that is authorized by law to compel the
attendance of witnesses before it,
or
(v) before an arbitrator or umpire or a person or body of persons
authorized by law to make an inquiry and to compel the attendance of witnesses
before it;
or
(d) to appear on his or her own behalf or, when operational requirements
permit, as a witness, before an adjudicator appointed by the Public Service
Staff Relations Board.
13.04 Injury-on-Duty Leave With Pay
An employee shall be granted injury-on-duty leave with pay for such
reasonable period as may be determined by the Employer where a claim has been
made pursuant to the Government Employees Compensation Act, and a
Worker's Compensation authority has notified the Employer that it has certified
that the employee is unable to work because of:
(a) personal injury accidentally received in the performance of the
employee's duties and not caused by the employee's wilful misconduct,
or
(b) an industrial illness arising out of and in the course of the employee's
employment;
if the employee agrees to remit to the Receiver General for Canada any amount
received by him/her in compensation for loss of pay resulting from or in respect
of such injury or illness, providing however, that such amount does not stem
from a personal disability policy for which the employee or the employee's agent
has paid the premium.
13.05 Maternity Leave Without Pay
(a) An employee who becomes pregnant shall, upon request, be granted
maternity leave without pay for a period beginning before, on or after the
termination date of pregnancy and ending not later than seventeen (17) weeks
after the termination date of pregnancy.
(b) Notwithstanding paragraph (a):
(i) where the employee has not yet proceeded on maternity leave without pay
and her newborn child is hospitalized,
or
(ii) where the employee has proceeded on maternity leave without pay and
then returns to work for all or part of the period during which her newborn
child is hospitalized,
the period of maternity leave without pay defined in paragraph (a) may be
extended beyond the date falling seventeen (17) weeks after the date of
termination of pregnancy by a period equal to that portion of the period of the
child's hospitalization during which the employee was not on maternity leave, to
a maximum of seventeen (17) weeks.
(c) The extension described in paragraph (b) shall end not later than
fifty-two (52) weeks after the termination date of pregnancy.
(d) The Employer may require an employee to submit a medical certificate
certifying pregnancy.
(e) An employee who has not commenced maternity leave without pay may elect
to:
(i) use earned vacation and compensatory leave credits up to and beyond the
date that her pregnancy terminates;
(ii) use her sick leave credits up to and beyond the date that her
pregnancy terminates, subject to the provisions set out in Article 12, Sick
Leave With Pay. For purposes of this subparagraph, the terms
"illness" or "injury" used in Article 12, Sick Leave With
Pay, shall include medical disability related to pregnancy.
(f) An employee shall inform the Employer in writing of her plans for taking
leave with and without pay to cover her absence from work due to the pregnancy
at least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there
is a valid reason why the notice cannot be given.
(g) Leave granted under this clause shall be counted for the calculation of
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave shall be counted for pay increment purposes.
13.06 Maternity Allowance
(a) An employee who has been granted maternity leave without pay shall be
paid a maternity allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that
she:
(i) has completed six (6) months of continuous employment before the
commencement of her maternity leave without pay,
(ii) provides the Employer with proof that she has applied for and is in
receipt of pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) she will return to work on the expiry date of her maternity leave
without pay unless the return to work date is modified by the approval of
another form of leave;
(B) following her return to work, as described in section (A), she will
work for a period equal to the period she was in receipt of the maternity
allowance;
(C) should she fail to return to work in accordance with section (A), or
should she return to work but fail to work for the total period specified in
section (B), for reasons other than death, lay-off, early termination due to
lack of work or discontinuance of a function of a specified period of
employment that would have been sufficient to meet the obligations specified
in section (B), or having become disabled as defined in the Public
Service Superannuation Act, she will be indebted to the Employer for an
amount determined as follows:
(allowance received) |
X |
(remaining period to be
worked
following her return to work)
|
|
|
[total period to be worked
as specified in (B)] |
however, an employee whose specified period of employment expired and who
is rehired by the same department within a period of five days or less is
not indebted for the amount if her new period of employment is sufficient to
meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Maternity allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance pregnancy benefits, ninety-three per
cent (93%) of her weekly rate of pay for each week of the waiting period, less
any other monies earned during this period,
and
(ii) for each week that the employee receives a pregnancy benefit pursuant
to Section 22 of the Employment Insurance Act, the difference between
the gross weekly amount of the Employment Insurance pregnancy benefit she is
eligible to receive and ninety-three per cent (93%) of her weekly rate of pay
less any other monies earned during this period which may result in a decrease
in Employment Insurance benefits to which she would have been eligible if no
extra monies had been earned during this period.
(d) At the employee's request, the payment referred to in subparagraph
13.06(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance
pregnancy benefits.
(e) The maternity allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that she may be required to repay pursuant to the Employment Insurance
Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity leave without pay,
(ii) for an employee who has been employed on a part-time or on a combined
full-time and part-time basis during the six (6) month period preceding the
commencement of maternity leave, the rate obtained by multiplying the weekly
rate of pay in subparagraph (i) by the fraction obtained by dividing the
employee's straight time earnings by the straight time earnings the employee
would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to
which the employee is entitled for her substantive level to which she is
appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on
the day immediately preceding the commencement of maternity leave without pay an
employee has been on an acting assignment for at least four (4) months, the
weekly rate shall be the rate she was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of the maternity allowance, the allowance shall be adjusted
accordingly.
(j) Maternity allowance payments made under the SUB Plan will neither reduce
nor increase an employee's deferred remuneration or severance pay.
13.07 Special Maternity Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
13.06(a)(ii) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance
portion of the Public Service Management Insurance Plan (PSMIP) or the Government
Employees Compensation Act prevents her from receiving Employment
Insurance pregnancy benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 13.06(a), other than those specified in sections (A) and (B) of
subparagraph 13.06(a)(iii),
shall be paid, in respect of each week of maternity allowance not received
for the reason described in subparagraph (i), the difference between
ninety-three per cent (93%) of her weekly rate of pay and the gross amount of
her weekly disability benefit under the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause
13.06 for a combined period of no more than the number of weeks during which she
would have been eligible for pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act had she not been disqualified from Employment Insurance
pregnancy benefits for the reasons described in subparagraph (a)(i).
13.08 Parental Leave Without Pay
(a) Where an employee has or will have the actual care and custody of a
new-born child (including the new-born child of a common-law partner), the
employee shall, upon request, be granted parental leave without pay for a single
period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week
period beginning on the day on which the child is born or the day on which the
child comes into the employee's care.
(b) Where an employee commences legal proceedings under the laws of a
province to adopt a child or obtains an order under the laws of a province for
the adoption of a child, the employee shall, upon request, be granted parental
leave without pay for a single period of up to thirty-seven (37) consecutive
weeks in the fifty-two week (52) period beginning on the day on which the child
comes into the employee's care.
(c) Notwithstanding paragraphs (a) and (b):
(i) where the employee's child is hospitalized within the period defined in
the above paragraphs, and the employee has not yet proceeded on parental leave
without pay,
or
(ii) where the employee has proceeded on parental leave without pay and
then returns to work for all or part of the period during which his or her
child is hospitalized,
the period of parental leave without pay specified in the original leave
request may be extended by a period equal to that portion of the period of the
child's hospitalization during which the employee was not on parental leave.
However, the extension shall end not later than fifty-two (52) weeks after the
day on which the child comes into the employee's care.
(d) An employee who intends to request parental leave without pay shall
notify the Employer at least four (4) weeks in advance of the expected date of
the birth of the employee's child (including the child of a common-law partner),
or the date the child is expected to come into the employee's care pursuant to
paragraphs (a) and (b).
(e) The Employer may:
(i) defer the commencement of parental leave without pay at the request of
the employee;
(ii) grant the employee parental leave without pay with less than four (4)
weeks' notice;
(iii) require an employee to submit a birth certificate or proof of
adoption of the child.
(f) Parental leave without pay taken by a couple employed in the Public
Service shall not exceed a total of thirty-seven (37) weeks for both individuals
combined. For the purpose of this paragraph, Public Service means any portion of
the Public Service of Canada specified in Part I of Schedule I of the Public
Service Staff Relations Act.
(g) Leave granted under this clause shall count for the calculation of
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave shall count for pay increment purposes.
13.09 Parental Allowance
(a) An employee who has been granted parental leave without pay, shall be
paid a parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he
or she:
(i) has completed six (6) months of continuous employment before the
commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is
in receipt of parental benefits pursuant to Section 23 of the Employment
Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his or her
parental leave without pay, unless the return to work date is modified by
the approval of another form of leave;
(B) Following his or her return to work, as described in section (A), the
employee will work for a period equal to the period the employee was in
receipt of the parental allowance, in addition to the period of time
referred to in section 13.06(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section
(A) or should he or she return to work but fail to work the total period
specified in section (B), for reasons other than death, lay-off, early
termination due to lack of work or discontinuance of a function of a
specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as defined
in the Public Service Superannuation Act, he or she will be indebted
to the Employer for an amount determined as follows:
(allowance received) |
X |
(remaining period to be
worked
following her return to work)
|
|
|
[total period to be worked
as specified in (B)] |
however, an employee whose specified period of employment expired and who
is rehired by the same department within a period of five days or less is
not indebted for the amount if his or her new period of employment is
sufficient to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance parental benefits, ninety-three per cent
(93%) of his or her weekly rate of pay for each week of the waiting period,
less any other monies earned during this period;
(ii) for each week in respect of which the employee receives parental
benefits pursuant to Section 23 of the Employment Insurance Act, the
difference between the gross weekly amount of the Employment Insurance
parental benefits he or she is eligible to receive and ninety-three per cent
(93%) of his or her weekly rate of pay less any other monies earned during
this period which may result in a decrease in Employment Insurance benefits to
which he or she would have been eligible if no extra monies had been earned
during this period;
(d) At the employee's request, the payment referred to in subparagraph
13.09(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of EI parental benefits.
(e) The parental allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that he or she is required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity or parental leave without
pay;
(ii) for an employee who has been employed on a part-time or on a combined
full time and part-time basis during the six (6) month period preceding the
commencement of maternity or parental leave without pay, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction
obtained by dividing the employee's straight time earnings by the straight
time earnings the employee would have earned working full time during such
period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to
which the employee is entitled for the substantive level to which she or he is
appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on
the day immediately preceding the commencement of parental leave without pay an
employee is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of parental allowance, the allowance shall be adjusted
accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce
nor increase an employee's deferred remuneration or severance pay.
13.10 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
13.09(a)(ii) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance
portion of the Public Service Management Insurance Plan (PSMIP) or via the Government
Employees Compensation Act prevents the employee from receiving Employment
Insurance parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in
paragraph 13.09(a), other than those specified in sections (A) and (B) of
subparagraph 13.09(a)(iii),
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in subparagraph (i), the
difference between ninety-three per cent (93%) of the employee's rate of pay and
the gross amount of his or her weekly disability benefit under the DI Plan, the
LTD Plan or via the Government Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause
13.09 for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental benefits pursuant to Section 23
of the Employment Insurance Act, had the employee not been disqualified
from Employment Insurance parental benefits for the reasons described in
subparagraph (a)(i).
13.11 Leave Without Pay for the Care and Nurturing of Pre-School Age
Children
Subject to operational requirements as determined by the Employer, an
employee shall be granted leave without pay for the personal care and nurturing
of the employee's pre-school age children in accordance with the following
conditions:
(a) an employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the commencement date of
such leave;
(b) leave granted under this clause shall be for a minimum period of six (6)
months;
(c) the total leave granted under this clause shall not exceed five (5) years
during an employee's total period of employment in the Public Service;
(d) such leave shall be deducted for the calculation of "continuous
employment" for the purposes of calculating severance pay and vacation
leave.
13.12 Leave Without Pay for Family-Related Needs
Leave without pay will be granted for family-related needs, in the following
manner:
(a) subject to operational requirements as determined by the Employer, leave
without pay for a period of up to three (3) months will be granted to an
employee for family-related needs;
(b) subject to operational requirements as determined by the Employer, leave
without pay of more than three (3) months but not exceeding one (1) year will be
granted to an employee for family-related needs;
(c) an employee is entitled to leave without pay for family-related needs
only once under each of (a) and (b) of this clause during the employee's total
period of employment in the Public Service. Leave without pay granted under this
clause may not be used in combination with maternity, paternity or adoption
leave without the consent of the Employer;
(d) leave without pay granted under (a) of this clause shall be counted for
the calculation of "continuous employment" for the purpose of
calculating severance pay and vacation leave for the employee involved;
(e) leave without pay granted under (b) of this clause shall be deducted from
the calculation of "continuous employment" for the purpose of
calculating severance pay and vacation leave for the employee involved.
13.13 Leave Without Pay for Relocation of Spouse
(a) At the request of an employee, leave without pay for a period up to one
(1) year shall be granted to an employee whose spouse is permanently relocated
and up to five (5) years to an employee whose spouse is temporarily relocated.
(b) Leave without pay granted under this clause shall be deducted from the
calculation of "continuous employment" for the purpose of calculating
severance pay and vacation leave for the employee involved except where the
period of such leave is less than three (3) months.
13.14 Leave With Pay for Family-Related Responsibilities
(a) For the purpose of this clause, family is defined as spouse (or
common-law partner resident with the employee), children (including children of
legal or common-law partner), parents (including stepparents or foster parents),
or any relative residing in the employee's household or with whom the employee
permanently resides.
(b) Leave with pay shall be granted under the following circumstances:
(i) an employee requesting leave under this provision must make every
reasonable effort to schedule medical or dental appointments for family
members to minimize or preclude the employee's absence from work, and must
notify his or her supervisor of the appointment as far in advance as possible.
However, when alternate arrangements are not possible an employee shall be
granted, subject to urgent work requirements, up to one day of leave for an
appointment to take a family member as defined in clause 13.14(a), for a
medical or dental appointment when the family member is incapable of attending
the appointment by himself/herself, or for appointments with appropriate
authorities in schools or adoption agencies;
(ii) leave with pay to provide for the immediate and temporary care of a
sick family member and to provide an employee with time to make alternate care
arrangements where the illness is of a longer duration;
(iii) two (2) day's leave with pay for needs directly related to the birth
or to the adoption of the employee's child. This leave may be divided into two
(2) periods and granted on separate days;
(iv) up to five (5) days' marriage leave for the purpose of getting married
provided that the employee gives the Employer at least five (5) days' notice.
(c) The total leave with pay which may be granted under sub-clause (b)(i),
(ii) and (iii) shall not exceed five (5) days in a fiscal year.
13.15 Leave Without Pay for the Long-Term Care of a Parent
At the discretion of the Employer, an employee may be granted leave without
pay for the long-term personal care of the employee's parents, including
step-parents or foster parents, in accordance with the following conditions:
(a) an employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the commencement date of
such leave, unless, because of an urgent or unforeseeable circumstance, such
notice cannot be given;
(b) leave granted under this clause shall be for a minimum period of six (6)
weeks;
(c) the total leave granted under this clause shall not exceed two (2) years
during an employee's total period of employment in the Public Service;
(d) leave granted under this clause for a period of more than three (3)
months shall be deducted from the calculation of "continuous
employment" for the purposes of calculating severance pay and from the
calculation of "service" for the purposes of calculating vacation
leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
13.16 Volunteer Leave
(a) Subject to operational requirements as determined by the Employer and
with an advance notice of at least five (5) working days, the employee shall be
granted, in each fiscal year, one (1) day of leave with pay to work as a
volunteer for a charitable or community organization or activity, other than for
activities related to the Government of Canada Workplace Charitable Campaign;
(b) The leave will be scheduled at times convenient both to the employee and
the Employer. Nevertheless, the Employer shall make every reasonable effort to
grant the leave at such time as the employee may request.
13.17 Leave With or Without Pay for Other Reasons
(a) At its discretion, the Employer may grant leave with or without pay for
purposes other than those specified in this Agreement.
(b) Personal Leave
Subject to operational requirements as determined by the Employer and with an
advance notice of at least five (5) working days, the employee shall be granted,
in each fiscal year, one (1) day of leave with pay for reasons of a personal
nature.
The leave will be scheduled at times convenient to both the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leave at such time as the employee may request.
14.01 For the purpose of this Article, the terms:
(a) "Employer" includes any organization, service with which is
included in the calculation of "continuous employment";
(b) "weekly rate of pay" means the employee's annual rate of pay
divided by 52.176 applying to the employee's classification, as shown in the
instrument of appointment.
14.02 Lay-Off
An employee with one (1) or more years of continuous employment who is laid
off shall be paid severance pay based on completed years of continuous
employment. It shall be calculated at the rate of two (2) weeks' pay for the
first year of continuous employment and one (1) week's pay for each succeeding
completed year of continuous employment on the first lay-off and one (1) week's
pay for each completed year of continuous employment on a subsequent lay-off.
14.03 Resignation
An employee who has ten (10) or more years of continuous employment on
resignation shall be paid severance pay calculated by multiplying half the
employee's weekly rate of pay on resignation by the number of completed years of
continuous employment to a maximum of twenty-six (26) years.
14.04 Retirement
An employee who is entitled to an immediate annuity or an immediate annual
allowance under the Public Service Superannuation Act, or who has five
(5) years of continuous employment and who has attained the age of fifty-five
(55) years and has resigned, shall be paid severance pay calculated by
multiplying the employee's weekly rate of pay on termination of employment by
the number of completed years of continuous employment to a maximum of thirty
(30) years.
14.05 Death
Regardless of any other payment to an employee's estate, if the employee dies
there shall be paid to the estate, severance pay calculated by multiplying the
employee's weekly rate of pay at the time of death by the number of completed
years of continuous employment to a maximum of thirty (30) years.
14.06 Termination for Cause for Reasons of Incapacity
When an employee ceases to be employed by reason of termination for cause for
reason of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act, one week's pay for each complete year of continuous
employment with a maximum benefit of twenty-eight (28) weeks.
14.07 Continuous Employment
The period of continuous employment used in the calculation of severance
benefits payable to an employee under this Article shall be reduced by any
period of continuous employment in respect of which the employee was already
granted any type of termination benefit by the Public Service, a Federal Crown
Corporation, the Canadian Forces or the Royal Canadian Mounted Police. Under no
circumstances shall the maximum severance pay provided under this Article be
pyramided.
15.01 Upon written request, an employee shall be given a copy of his
or her current position analysis schedule (PAS).
16.01 The Employer shall make all reasonable provisions for the
occupational safety and health of employees. The Employer will welcome
suggestions on the subject from the Association and the parties undertake to
consult with a view to adopting and expeditiously carrying out reasonable
procedures and techniques designed or intended to prevent or reduce the risk of
employment injury. The Association agrees to encourage its members to observe
and promote all safety rules and to use all appropriate protective equipment and
safeguards.
17.01 Both parties recognize the overall advantages of technological
change, as well as the effects that its introduction sometimes has on specific
individuals when such change results in loss of jobs. Therefore, both parties
shall encourage and promote improvements in production and moreover, will
cooperate to find ways of reducing, and if possible, eliminating the loss of
employment which may be the direct result of any major improvements.
17.02 Recognizing the nature of the Fleet Maintenance Facility Cape
Scott's operations, the Employer will provide one hundred and twenty (120) days'
advance notice, whenever possible, of the introduction or implementation of
technological change when it may result in significant change in the employment
status or working conditions of employees.
17.03 The Employer agrees to consult with the Association with a view
to resolving problems which may arise as a result of the introduction of such
technological change.
17.04 The Association shall be informed in advance of all training
courses related to technological change and, except when prevented by unforeseen
circumstances or short notice, the Employer agrees to display in appropriate
locations notices of forthcoming job-related training courses. Management will
consult with the Association when establishing training criteria for such
courses.
18.01 An employee who is regularly scheduled to work third (evening)
or first (night) shift shall be paid a shift premium of:
(a) one-seventh (1/7) of the employee's basic hourly rate of pay for each
hour worked on third (evening) shift,
and
(b) one-seventh (1/7) of the employee's basic hourly rate of pay for each
half-hour worked on the first (night) shift.
19.01 An employee who suffers loss of clothes or personal effects will
be compensated in accordance with Order-in-Council PC-1991-8/1695.
19.02 Where an employee is assigned to duty aboard a ship and suffers
loss of clothing or personal effects (those which can reasonably be expected to
accompany the employee aboard the ship) because of a marine accident or
disaster, the employee shall be reimbursed the value of those articles up to a
maximum of three thousand dollars ($3,000) based on replacement cost less the
usual rate of depreciation.
19.03 An employee or the employee's estate making a claim under this
Article shall submit to the Employer reasonable proof of such loss, and shall
submit a signed affidavit listing the individual items and values claimed.
20.01 The Employer agrees to continue its present practice of
supplying tools where it considers them necessary, and such tools shall remain
the property of the Employer.
20.02 An employee who through neglect or negligence destroys or loses
any of the tools issued to the employee by the Employer shall be held
responsible for such damage or loss based on replacement cost less the usual
rate of depreciation.
21.01 Access to Employer's Premises
The Employer agrees that accredited union representatives of the Association
may have access to the Employer's premises upon notice to and the consent of the
Employer. Such consent shall not be unreasonably withheld.
21.02 Appointment of Stewards
(a) The Employer acknowledges the right of the Association to appoint a
reasonable number of Stewards, having regard to the plan of organization, the
dispersement of employees at the work place and the administrative structure
implied in the grievance procedure.
(b) The Association recognizes that employees who are representatives of the
Association have regular duties to perform in connection with their work for the
Employer.
21.03 Recognition of Association Representatives
The Employer recognizes Association officers and stewards as official
chargehands representatives and will not discriminate against them because of
their legitimate activities as such. The Employer will not define the
disciplinary action to be taken against an Association officer or steward
without first giving the Association an opportunity of making representations on
the employee's behalf.
The Association shall supply a list of the names of Association officers and
stewards to the Employer and shall advise the Employer of any changes
thereafter.
21.04 Leave for Association Officers and/or Stewards
Subject to operational requirements:
(a) Time off with pay for Association officers and/or stewards to investigate
employee complaints of an urgent nature may be granted upon request to their
supervisor. Such permission shall not be unreasonably denied.
(b) Association officers and/or stewards shall inform their supervisor before
leaving their work to attend prearranged meetings with local management.
(c) Where practicable such representatives shall report back to their
supervisor before resuming their normal duties.
21.05 Bulletin Boards
Reasonable space on bulletin boards, including electronic bulletin boards
where available, will be made available to the Association for the posting of
official notices in convenient locations determined by the Employer and the
Association. Notices or other material shall require the prior approval of the
Employer, except notices relating to the business affairs of the Association and
social and recreational events. The Employer shall have the right to refuse the
posting of any information that it considers adverse to its interests or the
interests of any of its representatives.
22.01 The Employer shall as a condition of employment, deduct monthly
an amount equivalent to regular membership dues, in a fixed amount, established
by the Association according to their constitutional provisions, exclusive of
any separate deduction for initiation fees, pension deductions, special
assessments or arrears which may exist on the date this agreement comes into
effect, from the pay of all employees of the bargaining unit.
22.02 The Association shall inform the Employer in writing of the
authorized monthly deduction to be checked off for each employee defined in
clause 22.01.
22.03 For the purpose of applying clause 22.01, deductions from pay
for each employee in respect of each month will start with the first full
calendar month of employment to the extent that earnings are available.
22.04 As soon as practicable after the signing of this Agreement, the
Employer will provide the Association with an up-to-date list of all employees
in the Ship Repair Chargehands bargaining unit and will provide appropriate
quarterly lists of all employees who have been assigned to or have left the
bargaining unit during the quarter.
22.05 An employee who satisfies the Employer to the extent that he or
she declares in an affidavit that he or she is a member of a religious
organization whose doctrine prevents him or her as a matter of conscience from
making financial contributions to an employee organization and that he or she
will make contributions to a charitable organization registered pursuant to the Income
Tax Act, equal to dues, shall not be subject to this Article, provided that
the affidavit submitted by the employee is countersigned by an official
representative of the religious organization involved.
22.06 From the date of signing and for the duration of this Agreement,
no employee organization, as defined in Section 2 of the Public Service Staff
Relations Act, other than the Association, shall be permitted to have
membership dues and/or other monies deducted by the Employer from the pay of
employees in the bargaining unit.
22.07 The amounts deducted in accordance with clause 22.01 shall
be remitted by cheque to the person designated by the Association within fifteen
(15) working days of the date on which the deduction is made. The cheque shall
be made payable to the Association and shall be accompanied by particulars
identifying each employee alphabetically and the deductions made on the
employee's behalf.
22.08 The Association agrees to indemnify and save the Employer
harmless against any claim or liability arising out of the application of this
Article except for any claim or liability arising out of an error committed by
the Employer limited to the amount actually involved in the error.
23.01 The Public Service Staff Relations Act provides penalties
for illegal strikes. A strike includes a cessation of work or a refusal to work
or to continue to work by employees in combination or in concert or in
accordance with a common understanding, or a slowdown or other concerted
activity on the part of employees designed to restrict or limit output.
24.01 In cases of alleged misinterpretation or misapplication arising
out of agreements concluded by the National Joint Council of the Public Service
on items which may be included in a collective agreement and which the parties
to this agreement have endorsed, the grievance procedure will be in accordance
with Section 14 of the NJC By-Laws.
24.02 The purpose of this procedure is to provide an orderly and
effective process for the consideration and resolution of the grievances of
employees within the bargaining unit. Both parties recognize that in ordinary
circumstances an employee should discuss his or her complaint with his or her
supervisor and give him/her an opportunity to adjust the employee's complaint
before a grievance is presented.
24.03 In this procedure:
(a) "grievance" means a complaint in writing presented by an
employee on the employee's own behalf or on behalf of the employee and one or
more other employees,
(b) all "days" referred to in this procedure are calendar days,
excluding Saturdays, Sundays and holidays.
24.04 Subject to and as laid down in Section 91 of the Public
Service Staff Relations Act, an employee who feels that he/she has been
treated unjustly or considers himself/herself aggrieved by an action or lack of
action by the Employer is entitled to present a grievance, other than a
grievance arising out of the classification process, in the manner prescribed
except that:
(a) where there is another administrative procedure provided by law to deal
with the employee's specific complaint such procedure must be followed,
and
(b) where the grievance relates to the interpretation or application of this
collective agreement or an arbitral award the employee is not entitled to
present the grievance unless the employee has the approval of and is represented
by the Association.
24.05 An employee shall present his or her grievance at the first
level of the Grievance Procedure not later than the twenty-fifth (25th)
day after the date on which the employee was notified orally or in writing, or
otherwise became aware of the action or circumstance giving rise to the
grievance.
24.06 Within ten (10) days after receipt of such presentation, the
Employer at the first level shall reply in writing to the employee's grievance.
24.07 If the decision of the Employer at level 1 is not acceptable to
the employee, the employee may, not later than the tenth (10th) day
after receipt of the reply at level 1, present his or her grievance for
consideration by the Employer at level 2.
24.08 Within ten (10) days after receipt of the employee's grievance,
the Employer at level 2 shall deliver to the employee a written reply to the
grievance.
24.09 If the decision of the Employer at level 2 is not acceptable to
the employee, the employee may, not later than the tenth (10th) day
after receipt of the reply at level 2, present his or her grievance for
consideration by the Employer at the final level.
24.10 Within twenty-five (25) days after receipt of the employee's
grievance, the Employer at the final level shall deliver to the employee a
written reply to the grievance.
24.11 In every instance where the employee is represented by the
Association, the Employer shall forward a copy of the reply to the grievance to
the Association.
24.12 Where the Employer at any level fails to reply to the employee's
grievance within the prescribed time limits, the employee may present his or her
grievance to the next level not later than the fifteenth (15th) day
after the last day on which the Employer was required to reply to the employee's
grievance at the last preceding level of the Grievance Procedure.
24.13 Where an employee has presented a grievance up to and including
the final level in the grievance process with respect to:
(a) the interpretation or application in respect of the employee of a
provision of a collective agreement or arbitral award,
or
(b) disciplinary action resulting in discharge, suspension or a financial
penalty,
and the employee's grievance has not been dealt with to the employee's
satisfaction the employee may refer the grievance to adjudication in accordance
with the provisions of the Public Service Staff Relations Act and
Regulations.
24.14 The time limits stipulated in this procedure may be extended by
mutual agreement of the parties involved in the grievance.
24.15 Where the Employer demotes or terminates an employee for cause
pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act,
the grievance procedure set forth in this Agreement shall apply except that the
grievance shall be presented at the final level only. The written reply to the
grievance shall be delivered to the employee and, if applicable, to the
Association, within thirty (30) days.
24.16 Where an employee fails to present a grievance to the next
higher level in the Grievance Procedure within the established time limits, the
employee shall be deemed to have abandoned the grievance.
24.17
(a) Where an employee can establish that a grievance has been presented, and
the Employer has not received same, the grievance may be resubmitted to the
appropriate level. Such presentation shall have the same force and effect as the
first grievance submitted.
(b) A second grievance shall not be presented more than thirty (30) days
after the day on which the first grievance was presented.
24.18 The Employer acknowledges the employee's right to representation
by the Association in the presentation of his or her grievance at any level in
the Grievance Procedure, including the complaint level referred to in clause
24.02.
25.01 Should either party, at the expiration of this Agreement desire
amendments or alterations therein for its renewal, a written notice to that
effect shall be served upon the other party in accordance with the provisions of
the Public Service Staff Relations Act.
26.01 The Employer and the Association recognize that consultation and
communication on matters of mutual interest outside the terms of the Collective
Agreement should promote constructive and harmonious Employer-Association
relations.
26.02 It is agreed that Labour-Management meetings are an appropriate
forum for consultation; that a subject for discussion may be within or without
the authority of either the Management or Association representatives. In these
circumstances, consultation may take place for the purpose of providing
information, discussing the application of policy or air problems to promote
understanding, but it is expressly understood that no commitment may be made by
either party on a subject that is not within their authority or jurisdiction,
nor shall any commitment made be construed as to alter, amend, add to, or modify
the terms of this Agreement.
26.03 The following matters may be regarded as appropriate subjects
for joint consultation:
(a) accident prevention;
(b) productivity;
(c) leave administration;
(d) training; and
(e) contracting out.
27.01 Agreements concluded by the National Joint Council (NJC) of the
Public Service on items which may be included in a collective agreement, and
which the parties to this agreement have endorsed after December 6, 1978, will
form part of this Collective Agreement, subject to the Public Service Staff
Relations Act (PSSRA) and any legislation by Parliament that has been or may
be, as the case may be, established pursuant to any Act specified in Schedule
III of the PSSRA.
27.02 NJC items which may be included in a collective agreement are
those items which the parties to the NJC agreement have designated as such or
upon which the Chairman of the Public Service Staff Relations Board has made a
ruling pursuant to clause (c) of the NJC Memorandum of Understanding which
became effective December 6, 1978.
27.03 The directives, policies or regulations as amended from time to
time by National Joint Council recommendation, and which have been approved by
the Treasury Board of Canada, form part of this Collective Agreement (Appendix
"B" refers).
During the term of this Collective Agreement, other directives, policies or
regulations may be added.
28.01 The Employer recognizes the Federal Government Dockyard
Chargehands Association as the exclusive bargaining agent for all Chargehands
and Production Supervisors in the Ship Repair Occupational Group located on the
east coast described in the certificate issued to the Association by the Public
Service Staff Relations Board on the twentieth day of May, 1999.
29.01 When a formal review of an employee's performance is made, the
employee concerned shall be given an opportunity to discuss and then sign the
review form in question to indicate that its contents have been read and
understood. A copy of the completed review form will be provided to the
employee.
29.02 Upon written request of an employee, the personnel file of that
employee shall be made available once per year for the employee's examination in
the presence of an authorized representative of the Employer.
30.01 Except as provided in this Article, the terms and conditions
governing the application of pay to employees are not affected by this
Agreement.
**
30.02
(a) The rates of pay set forth in Appendix "A" shall become
effective on the date specified therein.
(b) Where the rates of pay set forth in Appendix "A" have an
effective date prior to the date of signing of the collective agreement, the
following shall apply:
(i) "retroactive period", for the purpose of sub-clause
30.02(b)(ii) to (v), means the period from the revision up to and including
the day before the day the collective agreement is signed or when an arbitral
award is rendered therefore;
(ii) a retroactive upward revision in rates of pay shall apply to
employees, former employees or in the case of death, the estates of former
employees who were employees in the group during the retroactive period;
(iii) for initial appointments made during the retroactive period, the rate
of pay selected in the revised rates of pay is the rate which is immediately
below the rate of pay being received prior to the revision;
(iv) for promotions, demotions, deployments, transfers or acting situations
effective during the retroactive period, the rate of pay shall be
recalculated, in accordance with the Public Service Terms and Conditions of
Employment Regulations, using the revised rates of pay. If the
recalculated rate of pay is less than the rate of pay the employee was
previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay immediately below the rate of pay
being received prior to the revision;
(v) no payment or no notification shall be made pursuant to paragraph
30.02(b) for one dollar ($1.00) or less.
30.03 An employee is entitled to be paid for services rendered at the
rate of pay specified in Appendix "A" for the classification of the
position to which he is appointed.
30.04 Acting Pay
When an employee is required by the Employer to perform substantially the
duties of a higher classification level on an acting basis and performs those
duties for at least one (1) working day, the employee shall be paid acting pay
from the date on which the employee commenced to act for the period in which the
employee acts as if the employee had been appointed to that higher
classification level.
30.05 When an employee is temporarily required by the Employer to
perform the duties of a classification in the bargaining unit with a lower rate
of pay than the employee is receiving, the employee shall continue to hold the
employee's higher classification and be paid at the rate for that
classification.
The provision of this clause shall not apply to an employee on
"lay-off" as defined in clause 2.01.
30.06 An employee who was receiving a holding rate of pay on the
effective date of this Agreement shall continue to receive that rate of pay
until such time as there is a rate for the employee's classification level which
is equal to or higher than the employee's holding rate. At that time, the
employee will be paid the rate which is equal to or higher than the employee's
holding rate.
30.07 Payments made as a result of clause 30.05 shall not change the
holding rates of pay or the holding scale of rates to which an employee is
entitled.
30.08 If, during the term of this Agreement, a new classification
standard is established, and new rates of pay are applied, any disagreement
between the parties arising out of the new rates of pay shall be subject to
negotiation.
31.01 This Agreement may be amended by mutual consent.
32.01 Unless otherwise expressly stipulated, the provisions of this
Collective Agreement shall become effective on the date it is signed.
**
32.02 This Collective Agreement shall expire on March 31, 2006.
SIGNED AT HALIFAX, this 17th day of the month of May 2004.
THE TREASURY BOARD
OF
CANADA |
|
THE FEDERAL
GOVERNMENT DOCKYARD
CHARGEHANDS ASSOCIATION |
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X) Restructure - Effective April 1, 2003
A) Effective April 1, 2003
B) Effective April 1, 2004
C) Effective April 1, 2005
(Arbitral Award - March 19, 2004)
SR-CPS-1* |
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From: |
$ |
48458 |
50394 |
52409 |
54506 |
56687 |
To: |
X |
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A |
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B |
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C |
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From: |
$ |
58954 |
61311 |
63763 |
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To: |
X |
58954 |
61311 |
63763 |
66951 |
|
|
A |
60428 |
62844 |
65357 |
68625 |
|
|
B |
61939 |
64415 |
66991 |
70341 |
|
|
C |
63178 |
65703 |
68331 |
71748 |
|
* For clarification purposes SR-MGT-01 employees are paid at the SR-CPS-01
rates of pay.
PAY NOTES
(1) The pay increment date for an employee appointed to a position in the
bargaining unit on promotion, demotion or appointment from outside the Public
Service, shall be the first Monday following the increment period listed below
as calculated from the date of the promotion, demotion or appointment from
outside the Public Service.
(2) The pay increment period for an employee is twelve (12) months.
**
Restructuring
(3) All employees who have been at the maximum of their level for at least
twelve (12) months on April 1, 2003 will move to the new maximum on April 1,
2003.
(4) Effective April 1, 2003, prior to any other pay revision which occurs on
that date, an employee shall be paid in the "A" line at the rate of
pay which is immediately below the employee's rate of pay as of March 31, 2003,
or if there is no such rate, to the rate in the "A" line which is
closest to but not less than the employee's rate of pay as of March 31, 2003.
With reference to Article 27 of the Collective Agreement, the following
directives, policies or regulations form part of this Collective Agreement:
(1) Foreign Service Directives;
(2) Travel Policy;
(3) Withdrawal from Work in Imminent Danger Policy and Procedures;
(4) Isolated Posts Directive;
(5) Clothing Policy;
(6) Living Accommodation Charges Policy;
(7) First Aid to the General Public - Allowance for Employees;
(8) Memorandum of Understanding on the Definition of the Word
"Spouse";
(9) Relocation Policy;
(10) Commuting Assistance Policy;
(11) Bilingualism Bonus Policy;
(12) Work Force Adjustment Policy;
(13) Refusal to Work;
(14) Public Service Health Care Plan
Health/Safety Standards (15 to 30)
(15) Boilers and Pressure Vessels;
(16) Dangerous Substances;
(17) Electrical;
(18) Elevating Devices;
(19) First Aid;
(20) Hand Tools and Portable Power Tools;
(21) Hazardous Confined Spaces;
(22) Machine Guarding;
(23) Materials Handling;
(24) Motor Vehicle Operations;
(25) Noise Control and Hearing Conservation;
(26) Personal Protective Equipment;
(27) Pesticides;
(28) Elevated Work Structures;
(29) Use and Occupancy of Buildings;
(30) Sanitation.
April 23, 2004
Mr. Willie Courtney
President
Federal Government Dockyard
Chargehands Association
Fleet Maintenance Facility Cape Scott
P.O. Box 99000 Stn Forces
Halifax, NS
B3K 5X5
Dear Mr. Courtney:
SUBJECT: Vehicle/Liability
This will confirm that the Employer will, subject to this letter, waive its
claim against any employee in the bargaining unit for reimbursement of damages
paid by it to a third party for bodily injury, death or property damage caused
by an accident involving a motor vehicle owned or rented by the Employer and
driven by the employee in the normal course of performing his or her duties.
The Employer agrees to indemnify an employee in the bargaining unit against
any liability imposed upon him/her by a court of competent jurisdiction to pay
any damages arising from bodily injury, death or property damage suffered by a
third party and caused by an accident which occurs while the employee is driving
a motor vehicle owned or rented by the Employer while in the normal course of
performing his or her duties. No employee in the bargaining unit will be
eligible for such indemnification unless he/she has, prior to the occurrence of
such an accident, executed and delivered to the Employer an instrument in
writing in a form acceptable to the Employer having the following effect:
1. constituting and appointing the Employer as irrevocable attorney to appear
and defend in any court of competent jurisdiction in which an action is brought
against him/her claiming damages allegedly arising out of such an accident, and
2. authorizing the Employer to conduct all negotiations in respect of such
damages and to effect any settlement relating to the payment thereof.
None of the undertakings described in this letter will apply where the
accident occurred while the employee was driving a vehicle owned or rented by
the Employer outside the scope of his or her employment.
This Letter of Understanding will expire on March 31, 2006.
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