Ship Repair Chargehands and Production Supervisors - East (SRC)

**
(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 »);

ARTICLE 6
HOURS OF WORK AND OVERTIME

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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.

6.17 Overtime Meal Allowance

(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).

ARTICLE 11
VACATION LEAVE WITH PAY

Scheduling of Vacation Leave With Pay

**
11.05 The Employer shall, subject to work requirements, approve vacation leave at a time convenient to the employee.

**
(a) not later than May 15^th, 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 15^th, the Employer, subject to work requirements, should schedule and post the approved vacation leave as requested in clause 11.06(a);

**
(c) by November 15^th , 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

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(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

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(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.

ARTICLE 12
SICK LEAVE WITH PAY

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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.

ARTICLE 30
PAY

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.

ARTICLE 32
DURATION AND RENEWAL

**APPENDIX "A"

SHIP REPAIR CHARGEHANDS AND PRODUCTION
SUPERVISORS - EAST
ANNUAL RATES OF PAY
(in dollars)

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)

* For clarification purposes SR-MGT-01 employees are paid at the SR-CPS-01 rates of pay.

PAY NOTES

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.

**LETTER OF UNDERSTANDING (2003-1)

Mr. Willie Courtney
President
Federal Government Dockyard
Chargehands Association
Fleet Maintenance Facility Cape Scott
P.O. Box 99000 Stn Forces
Halifax, NS
B3K 5X5

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.


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