Education Leave Without Pay
21.01 The Employer recognizes the usefulness of education
leave. Upon written application by the employee and with the approval of the
Employer, an employee may be granted education leave without pay for varying
periods of up to one (1) year, which can be renewed by mutual agreement, to
attend a recognized institution for studies in some field of education in which
preparation is needed to fill the employee's present role more adequately or to
undertake studies in some field in order to provide a service which the Employer
requires or is planning to provide.
21.02 At the Employer's discretion, an employee on education
leave without pay under this article may receive an allowance in lieu of salary
of up to one hundred per cent (100%) of the employee's annual rate of pay,
depending on the degree to which the education leave is deemed, by the Employer,
to be relevant to organizational requirements. Where the employee receives a
grant, bursary or scholarship, the education leave allowance may be reduced. In
such cases, the amount of the reduction shall not exceed the amount of the
grant, bursary or scholarship.
21.03 Allowances already being received by the employee may
at the discretion of the Employer be continued during the period of the
education leave. The employee shall be notified when the leave is approved
whether such allowances are to be continued in whole or in part.
21.04 As a condition of the granting of education leave
without pay, an employee shall, if required, give a written undertaking prior to
the commencement of the leave to return to the service of the Employer for a
period of not less than the period of the leave granted.
If the employee:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion of the course;
or
(c) ceases to be employed, except by reason of death or lay-off, before
termination of the period he or she has undertaken to serve after completion of
the course;
the employee shall repay the Employer all allowances paid to him or her under
this article during the education leave or such lesser sum as shall be
determined by the Employer.
21.05 Education leave without pay in excess of three (3)
months shall not be counted as "continuous employment" for the purpose
of calculating severance pay nor as "service" for the purpose of
calculating vacation leave. Time spent on such leave shall not be counted for
pay increment purposes.
21.06 Career Development Leave With Pay
(a) Career development refers to an activity which in the opinion of the
Employer is likely to be of assistance to the individual in furthering his or
her career development and to the organization in achieving its goals. The
following activities shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic institution;
(iii) a seminar, convention or study session in a specialized field
directly related to the employee's work.
(b) Upon written application by the employee, and with the approval of the
Employer, career development leave with pay may be given for any one of the
activities described in sub-clause 21.06(a) above. The employee shall receive no
compensation under Article 24, Days of Rest, Article 25, Overtime, and Article
27, Travel, of this collective agreement during time spent on career development
leave provided for in this clause.
(c) Employees on career development leave shall be reimbursed for all
reasonable travel and other expenses incurred by them which the Employer may
deem appropriate.
21.07 Examination Leave With Pay
At the Employer's discretion, examination leave with pay may be granted to an
employee for the purpose of writing an examination which takes place during the
employee's scheduled hours of work. Such leave will only be granted where, in
the opinion of the Employer, the course of study is directly related to the
employee's duties or will improve his or her qualifications.
22.01 Solely for the purpose of this Article, the terms:
(a) "the Employer" will include any organization, service with
which is included in the calculation of "continuous employment",
and
(b) "weekly rate of pay" means the rate in Appendix "B"
identified with the level and step in the level the employee normally occupies
and shall not include "Acting Pay" unless the period of Acting Pay has
been more than one (1) year.
22.02 Lay-Off
An employee who has one (1) year or more of continuous employment and who is
laid off is entitled to be paid severance pay at the time of lay-off.
(a) On the first lay-off, two (2) weeks' pay for the first completed year of
continuous employment and one (1) week's pay for each additional complete year
of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by 365.
(b) On second or subsequent lay-off, one (1) week's pay for each complete
year of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by 365, less any period in respect of which the employee was
granted severance pay under sub-paragraph (a) above.
22.03 Resignation
Subject to clause 22.04, an employee who has ten (10) or more years of
continuous employment is entitled to be paid, on resignation from the Public
Service, severance pay equal to the amount obtained by multiplying half (1/2) of
his/her weekly rate of pay on resignation by the number of completed years of
his/her continuous employment to a maximum of twenty-six (26), less any period
in respect of which the employee was granted severance pay, retiring leave or a
cash gratuity in lieu of retiring leave by the Employer.
22.04 Retirement
(a) On termination of employment (other than dismissal for just cause) an
employee who is entitled to an immediate annuity, or is entitled to an immediate
annual allowance, under the Public Service Superannuation Act,
or
(b) a part-time employee, who regularly works more than twelve (12) but less
than thirty (30) hours a week, and who, if he or she were a contributor under
the Public Service Superannuation Act, would be entitled to an
immediate annuity thereunder, or who would have been entitled to an immediate
annual allowance if he or she were a contributor under the Public Service
Superannuation Act,
a severance payment in respect of the employee's complete period of
continuous employment, comprised of one (1) week's pay for each complete year of
continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by 365, to a maximum of thirty (30) week's pay, less any
period in respect of which the employee was granted severance pay, retiring
leave or a cash gratuity in lieu of retiring leave by the Employer.
22.05 Termination for Cause for Reasons of Incapacity or Incompetence
**
(a) When an employee has completed more than one (1) year of continuous
employment and ceases to be employed by reason of release for incapacity
pursuant to the provisions of Section 12(1)(e) of the Financial
Administration Act, one (1) week's pay for each complete year of continuous
employment with a maximum benefit of twenty-eight (28) weeks.
**
(b) When an employee has completed more than ten (10) years of continuous
employment and ceases to be employed by reason of release for incompetence
pursuant to the provisions of Section 12(1)(e) of the Financial
Administration Act, one (1) week's pay for each complete year of continuous
employment with a maximum benefit of twenty-eight (28) weeks.
22.06 Death
If an employee dies, there shall be paid to the employee's estate a severance
payment in respect of the employee's complete period of continuous employment,
comprised of one (1) week's pay for each complete year of continuous employment
and, in the case of a partial year of continuous employment, one (1) week's pay
multiplied by the number of days of continuous employment divided by 365, to a
maximum of thirty (30) weeks' pay, regardless of any other benefit payable, less
any period in respect of which the employee was granted severance pay, retiring
leave or a cash gratuity in lieu of retiring leave by the Employer.
22.07 Rejection on Probation
On rejection on probation, when an employee has completed more than one (1)
year of continuous employment and ceases to be employed by reason of rejection
during a probationary period he/she is entitled to be paid one (1) week's pay
for each complete year of continuous employment with a maximum benefit of
twenty-seven (27) weeks.
22.08 Appointment to a Separate Employer Organization
**
Notwithstanding clause 22.03, an employee who resigns to accept an
appointment with an organization listed in Schedule V of the Financial
Administration Act may choose not to be paid severance pay provided that
the appointing organization will accept the employee's Schedule I and IV service
for its severance pay entitlement.
23.01 A day is the twenty-four (24) hour period commencing
at 00:00 hours and ending at 24:00 hours.
23.02 An employee's regularly scheduled daily hours of work
are hours which may fall within one (1) day or may embrace the latter part of
one (1) day and the beginning of the following day.
23.03 Normal hours of work shall be arranged to provide for
either:
(a) a thirty-seven decimal five (37.5) hour work week as described in clause
23.04,
or
(b) an average of thirty-seven decimal five (37.5) hours per week as
described in clause 23.05,
and
in neither case shall there be split-shifts, that is, a normal schedule where
the period of work is divided by more time than that provided as a meal break,
except as provided in clause 23.16.
23.04 Non-Operating Employees
**
(a)
(i) Normal scheduled hours of work for non-operating employees shall be
thirty-seven decimal five (37.5) hours per week consisting of five (5)
consecutive days, Monday to Friday inclusive, each day to be seven decimal
five (7.5) hours (exclusive of a meal break) between the hours of 07:00 and
18:00 local time.
(ii) Notwithstanding sub-clause (i), at the request of the employee and
with the approval of the Employer, the stated hour of 7:00 may be modified to
6:00. Where such agreement has occurred, the Employer will notify the local
union representative or the IBEW business office of the change in the
scheduled hours of work.
(b) These employees will be provided with a scheduled unpaid meal break of
not less than thirty (30) consecutive minutes nor more than one (1) hour
commencing between one-half (1/2) hour prior to and one (1) hour following the
mid-point of the normal work period except that a meal break of less than thirty
(30) minutes may be granted to compensate for summer hours. It is recognized
that in extenuating circumstances the meal break may be advanced or delayed
because of work requirements. However, if the employee is able to take a meal
break of at least a half (1/2) hour's duration commencing within the time
prescribed it shall be considered as satisfying the requirements of this clause.
If an employee is not able to take a meal break within the prescribed time
period the period of the meal break shall be counted as time worked.
23.05 Operating Employees
(a) Normal hours of work for operating employees shall be an average of
thirty-seven decimal five (37.5) hours per week consisting of an average of five
(5) days per week, each day to be seven decimal five (7.5) hours exclusive of a
meal break.
(b) These employees will be provided with a scheduled unpaid meal break of
thirty (30) consecutive minutes' duration commencing within one-half (1/2) hour
prior to and one (1) hour following the mid-point of their shift. It is
recognized that in extenuating circumstances the meal break may be advanced or
delayed because of operational requirements. However, if the employee is able to
take a meal break of a half (1/2) hour's duration commencing during the period
of time prescribed it shall be considered as satisfying the requirements of this
clause. If an employee is not able to take a meal break within the prescribed
time period the period of the meal break shall be counted as time worked.
(c) Subject to all conditions in (b) above except the time at which a meal
period may be scheduled, a meal break on the evening shift (16:00-24:00), may be
taken at a time other than as specified above when by agreement of the Manager
and the Steward responsible for that location, a different time for the meal
break is established. When such alternative is established, it shall not again
be changed except by thirty (30) days' written notice to the Manager by the
Steward, or thirty (30) days' written notice to employees concerned at the site
by the Manager.
(d) Subject to all conditions in (b) above except the length of the meal
period, an unpaid meal break during the day shift (08:00-16:00) may be up to one
(1) hour by agreement of the Manager and the Steward responsible for that
location. When such period is established, it shall not again be changed except
by thirty (30) days' written notice to the Manager by the Steward, or thirty
(30) days' written notice to employees concerned at the site by the Manager.
(e) It is recognized that the Employer may require employees
(i) whose hours of work are prescribed in accordance with sub-clause
23.05(a),
and
(ii) who provide twenty-four (24) hour coverage,
to remain at their place of work and to be available to return immediately
to duty during their one-half (1/2) hour unpaid meal break. In such
circumstances, whether the employee works or does not work, such meal break
will be paid at the employee's straight-time hourly rate and does not form
part of the employee's normal hours of work as prescribed in sub-clause
23.05(a). Employees covered by this clause are excluded from the provisions of
sub-clause 23.05(b), Article 25 and 29 of this Agreement, and under no
circumstances will employees receive any other compensation for the half (1/2)
hour meal break under any other provision of this collective agreement.
(f) An operating employee will not be scheduled to work more than seven (7)
consecutive days.
23.06 Minimum and Maximum Hours
Nothing in this Agreement shall be construed as guaranteeing an employee
minimum or maximum hours of work.
23.07 Break Periods
Each employee shall be given two (2) paid break periods of fifteen (15)
minutes each during each working shift.
23.08 Shift Times - Operating Employees
(a) The starting and finishing times of normal shifts will be as follows:
00:00 - 08:00 Local Time
08:00 - 16:00 Local Time
16:00 - 24:00 Local Time
(b) The Employer may schedule shifts to commence not more than one (1) hour
before or one (1) hour after the times outlined above.
(c) Before scheduling shifts more than one (1) hour before or one (1) hour
after the times listed above the Employer will consult with the Union.
(d) There shall be an equitable distribution of shift work among available
qualified employees.
(e) When the scheduled shift hours are modified in accordance with 23.08(b)
and (c), then a day as defined in 23.01 is modified accordingly.
23.09 Posting of Shift Schedules and Shift Cycles - Operating Employees
(a) A shift schedule must be of not less than twenty-eight (28) days'
duration and will be posted at least fifteen (15) days in advance in order to
provide an employee with reasonable notice as to the shift he/she will be
covering.
(b) Every reasonable effort will be made by the Employer not to schedule the
commencement of a shift within eight (8) hours of the completion of the
employee's last shift.
(c) The schedule may be an entire shift cycle in itself or portion thereof
and the employees affected shall work an average of thirty-seven decimal five
(37.5) hours per week over the period of the cycle in accordance with 23.05(a).
(d) The local representative will be provided with a copy of the current
shift schedule and shift cycle where practicable.
(e) If the shift schedule is not posted within the time limits in this
clause, then the employee's upcoming schedule shall be considered to be a
continuation of his/her present shift cycle.
23.10 Shift Exchange - Operating Employees
Provided sufficient advance notice is given and with the approval of the
Employer, employees may exchange shifts if there is no increase in cost to the
Employer.
Such approval shall not be unreasonably withheld.
23.11 Change in Shift - Operating Employees
**
(a) In the event that an individual employee's shift hours and/or days of
work are changed to accommodate to an unanticipated absence of an employee, not
initiated by the Employer, and less than fifteen (15) days' advance notice of
such change is given, the employee shall be paid a premium equal to the amount
shown in note 5 of Appendix "B" for work performed on the first
scheduled shift changed in addition to his/her daily rate of pay. When an
employee works less than three point seven five (3.75) hours of the first
scheduled shift changed no premium will be paid.
**
(b) In the event that an individual employee's shift hours and/or days of
work are changed for reasons other than accommodating to an unanticipated
absence of an employee not initiated by the Employer, and less than twenty-one
(21) days' advance notice of such change is given, the employee shall be paid a
premium equal to the amount shown in note 5 of Appendix "B" in
addition to his/her daily rate of pay for work performed on each of the changed
scheduled shifts for which twenty-one (21) days' advance notice was not given to
a maximum of three (3). When an employee works less than three point seven five
(3.75) hours of any scheduled shift changed no premium will be paid for that
shift.
(c) Any return to the employee's previous hours and/or days of work will not
be considered a change subject to premium pay under this clause, unless the
return is delayed beyond ten (10) working days following the date of
notification of the change.
(d)
(i) The above shall not apply to an employee who requests a change.
(ii) The above shall apply to an employee assigned to a course away from
his/her assigned work place.
(e)
(i) Notwithstanding the above, a change to an employee's shift schedule
shall not reschedule the first group of previously scheduled days of rest.
The "first group of previously scheduled days of rest" means the
days of rest shown on the employee's unchanged shift schedule, immediately
following but not necessarily contiguous to the day prior to the change.
(ii) An employee required to work on the "first group of previously
scheduled days of rest", will be compensated for those days, at the
applicable overtime rate as specified in clauses 24.05 and 24.06 but will not
be entitled to the premiums provided in sub-clauses 23.11(a) and (b).
23.12 Change in Schedule or Cycle
Except as provided in 23.10, the Employer agrees that before a shift schedule
or shift cycle is changed, if the change will affect more than one (1) employee,
the change will be discussed with the local representative where practicable.
23.13 Encroachment
An employee who has not had a break of eight (8) consecutive hours during a
twenty-four (24) hour period in which he/she works more than fifteen (15) hours
shall not be required to report for work on his/her regularly scheduled shift
until a period of ten (10) hours has elapsed from the end of the period of work
that exceeded fifteen (15) hours. If, in the application of this clause, an
employee works less than his/her regularly scheduled shift he/she shall,
nevertheless, receive his/her regular daily rate of pay.
For the purpose of this clause, time necessarily spent in travel required by
the Employer, shall be considered as time worked.
**
23.14 Change in Employee Status - Operating/Non-Operating
It is understood that certain employees, because of the nature of their
duties, may be required to change from a non-operating employee to an operating
employee (or vice versa) for varying periods of time. No change in the
employee's status (Operating or Non-Operating) will be made unless the
requirement to change is consistent for thirty (30) consecutive calendar days or
more. Advance notice of such requirement which will involve a change in the
employee's status should be given at the earliest possible date but in any case
not less than thirty (30) calendar days prior to the earliest date that the
changed circumstance may commence. If notice of the change is less than thirty
(30) calendar days, the employee shall be paid a premium equal to the amount
shown in note 5 of Appendix "B" for each shift or day worked during
the period of the change for which he/she has not received thirty (30) calendar
days' notice. Such notice shall not be required when the employee concerned is
promoted, is acting in a higher level position or the change is in response to
the employee's request.
23.15 It is recognized that when circumstances warrant
certain non-operating employees may be required to work their normal daily hours
within a schedule which deviates from their normal daily schedule as specified
in clause 23.04. When a non-operating employee is required to work his/her
normal seven decimal five (7.5) hours a day at times other than those specified
in clause 23.04 the employee shall receive his/her normal daily rate of pay plus
a premium payment as follows:
In a calendar month for days worked in accordance with the above,
(1) for the first and second day, in accordance with note 6 of Appendix
"B" for each day,
(2) for the third, fourth and fifth day, in accordance with note 7 of
Appendix "B" for each day,
(3) for the sixth and subsequent days, in accordance with note 8 of Appendix
"B" for each day.
If the employee works less than three point seven five (3.75) hours he/she
shall receive the full premium for the day and revert to his/her normal schedule
for that day which will be reduced by the equivalent number of hours that the
employee worked. If the employee works three point seven five (3.75) hours or
more he/she shall be paid the full premium for the day and his/her normal daily
rate of pay.
Hours worked in excess of seven decimal five (7.5) hours per day shall be
subject to Article 25.
23.16 In accordance with clause 23.03 and notwithstanding
clauses 23.04 and 23.15 the following shall apply to employees aboard ship:
(a) On ships where operational requirements demand that the employee conform
to a Sea Watch system and the Sea Watches are two (2) non-rotating four (4) hour
duty periods each followed by an eight (8) hour non-duty period or are rotating
four (4) hour Sea Watches followed by an eight (8) hour non-duty period where
the rotating is achieved by splitting the 1600-2000-hour Sea Watch, the employee
shall work those Sea Watches.
(b) On ships where there is no operational requirement to conform to that Sea
Watch system but where the presence of employees is required twenty-four (24)
hours a day, the employees concerned shall be subject to clause 23.08.
(c) The normal hours of work under (a) and (b) of this clause shall be seven
decimal five (7.5) hours per day, exclusive of a meal break, five (5) days per
week.
(d) Except for employees of the Department of National Defence eligible under
Article 32, for Sea Trials Allowance, advance notice of a ship board assignment
shall be given at the earliest possible date but, in any case, no less than
seven (7) calendar days prior to such assignment. If advance notice of the
assignment is less than seven (7) calendar days, the employee shall be paid a
premium equal to the amount shown in note 5 of Appendix "B" for each
day during the assignment for which he/she has not received seven (7) calendar
days' notice.
**
Variable Hours of Work
23.17 Notwithstanding the provisions of Articles 23 and 25,
employees, with the approval of the Employer, may complete their weekly hours of
employment in a period other than five (5) full days provided that over a
period, to be determined by the Employer, employees work an average of
thirty-seven decimal five (37.5) hours per week.
23.18 Any special arrangement may be at the request of
either party and must be mutually agreed between the Employer and the
employee(s) affected. Where individual employees' duties or shifts are
interdependent, then the majority of the affected employees must agree to the
arrangement and it shall apply to all of these employees.
23.19 Notwithstanding anything to the contrary contained in
this Agreement, the implementation of any variation in hours shall not result in
any additional overtime work, payment or cost by reason only of such variation,
nor shall it be deemed to prohibit the right of the Employer to schedule any
hours of work permitted by the terms of this agreement.
Terms and Conditions Governing the Administration of Variable Hours of Work
23.20 General Terms
(a) The scheduled hours of work on any day, as set forth in the variable work
week arrangement, may exceed seven decimal five (7.5) hours per day; starting
and finishing times, meal breaks and rest periods shall be determined according
to operational requirements as defined by departmental policy and guidelines,
and the daily hours of work shall be consecutive.
(b) Such a work schedule shall provide that an employee's normal work week
shall average thirty-seven decimal five (37.5) hours per week over the life of
the cycle or variable work week arrangement.
**
23.21 Conversion of Days to Hours
(a) The provisions of this Agreement which specify days shall be converted to
hours. Where this Agreement refers to a "day", it shall be converted
to seven decimal five (7.5) hours, with the exception of Bereavement Leave.
(b) When an employee ceases to be subject to a variable hours of work
arrangement, his/her credits will be converted to days by dividing the number of
hours by seven decimal five (7.5) hours per day.
23.22 Adjustments
Any required adjustment between seven decimal five (7.5) hours per day and
the employee's actual scheduled hours may take the form of make up time or
deduction from accumulated compensatory leave or vacation leave, to be
determined in advance of the implementation of the variable work week
arrangement.
23.23 Specific Application
For greater certainty the following provisions shall be administered as
provided herein:
(a) Designated Paid Holidays
(i) A designated paid holiday or a lieu day is equivalent to seven decimal
five (7.5) hours.
(ii) When a designated paid holiday falls on an employee's scheduled day
off which results from the application of the variable work week, the holiday
shall be moved to a later date following consultation with the employee. If
mutual agreement cannot be reached, management will determine the day to which
the holiday is moved.
(iii) When an employee to whom sub-clause 26.04(d) applies works on a
designated holiday or the day to which the holiday is moved, the employee
shall be paid at the straight-time hourly rate for all regularly scheduled
hours worked under the variable work week arrangement. Hours worked in excess
of these scheduled hours will be compensated in accordance with Article 25.
This principle shall also apply to non-operating employees.
**
(b) Sick Leave
Employees shall earn sick leave credits at the rate prescribed in Article 19
of this Agreement but shall be converted to hours by multiplying the number of
days by seven decimal five (7.5) hours. Leave will be granted on an hourly basis
with the hours debited for each day of sick leave being the same as the hours
the employee would have been scheduled to work on that day.
**
(c) Vacation Leave
Employees shall earn vacation leave credits at the rates prescribed for their
years of service, as set forth in Article 17 of this Agreement, but shall be
converted to hours on the basis of one (1) day equals seven decimal five (7.5)
hours. Leave will be granted on an hourly basis with the hours debited for each
day of vacation leave being the same as the hours the employee would have been
scheduled to work on that day.
**
(d) Other Types of Leave
(i) The days available where specified in this Agreement shall be converted
to hours by multiplying the number of days by seven decimal five (7.5) hours.
(ii) Leave will be granted on an hourly basis with the hours debited for
each day of leave being the same as the hours the employee would have been
scheduled to work on that day.
(e) Overtime
(i) All employees will be paid at their straight-time hourly rate for all
work performed during their regularly scheduled hours of work under the
variable work week arrangement. Hours worked in excess of these scheduled
hours will be compensated in accordance with Article 25.
(ii) Compensation for all work performed on a day of rest will be paid in
accordance with Article 24.
(iii) Work performed on an "earned day off" (EDO) resulting from
the application of the variable work week arrangement will be paid at time and
one-half (1 1/2) for all hours worked provided the EDO cannot be re-scheduled
and an EDO shall not be considered as a day of rest for the purposes of
Article 24.
(f) Training and Travel
Where training and/or travel is involved, an employee may be taken off the
variable work week schedule.
**
(g) Travel
Except in cases where an employee has been taken off the variable work week
schedule, employees will be paid at their straight-time hourly rate for all
travel and/or work during their regularly scheduled hours of work under the
variable work week arrangement. Hours travelled in excess of these scheduled
hours will be compensated at the premium rates specified under Article 27.
**
(h) Minimum Number of Hours Between Shifts
The provision in this Agreement relating to the minimum period between the
termination and commencement of the employee's next shift shall not apply to an
employee subject to variable hours of work.
(i) Termination
Either local management or authorized local representatives of the Union may
terminate a variable work week arrangement following thirty (30) days' written
notice from either party to the other, providing that prior discussions on the
termination have been held.
(j) The foregoing is not intended to cover all terms and conditions and/or
variable work week arrangements.
24.01 A "day of rest" is defined in Article 2(f).
24.02 The Employer shall schedule days of rest. Days of rest
shall be scheduled on consecutive calendar days and shall consist of two (2) or
more such days.
(a) Non-Operating Employees
(i) The first day of rest shall be the twenty-four (24) hour period
commencing at 00:00 on Saturday.
(ii) The second day of rest shall be the twenty-four (24) hour period
commencing at 00:00 on Sunday.
(b) Operating Employees
(i) When any shift falls completely within one (1) day and two (2) or more
consecutive calendar days are scheduled as days of rest for an employee:
(A) The first day of rest will be that twenty-four (24) hour period which
commences immediately after midnight following the employee's preceding
regularly scheduled shift.
(B) The second day of rest will be that twenty-four (24) hour period
which commences immediately after midnight following the employee's first
day of rest.
(C) A subsequent day of rest will be that twenty-four (24) hour period
which commences immediately after midnight following the employee's
preceding day of rest.
(ii) When any shift overlaps two (2) days:
(A) The first day of rest will be that twenty-four (24) hour period
commencing four (4) hours after the end of the employee's preceding
scheduled shift.
(B) The second day of rest will be that twenty-four (24) hour period
commencing immediately after the end of the employee's first day of rest.
(C) A subsequent day of rest will be that twenty-four (24) hour period
commencing immediately after the preceding day of rest.
(iii) The Employer will make every reasonable effort, subject to the
operational requirements of the service, to arrange schedules which will
permit employees to have a consecutive Saturday and Sunday off at least once
every five (5) weeks unless the majority of the employees affected by the
schedule express a preference not to do so.
24.03 For there to be a second or subsequent day of rest,
the days of rest scheduled for the employee must consist of an unbroken series
of consecutive and contiguous calendar days numbering two (2) days or more.
24.04 When a day designated as a holiday under clause 26.01
coincides with an employee's day of rest, the holiday shall be moved to the
employee's first scheduled working day following his/her day of rest, or to the
second day following his/her day of rest if the employee would otherwise lose
credit for a designated holiday.
24.05 Work performed on a day of rest shall be paid at one
and one-half (1 1/2) times an employee's straight-time hourly rate for the first
seven decimal five (7.5) hours (exclusive of a meal break) and twice (2) the
employee's straight-time hourly rate for all hours in excess of seven decimal
five (7.5) hours for that day.
24.06 In an unbroken series of consecutive and contiguous
days of rest, an employee shall be paid at twice (2) his/her straight-time
hourly rate on a day of rest, provided the employee has worked and has received
one and one-half (1 1/2) times his/her straight-time hourly rate in accordance
with clause 24.05 for any day of rest in that series.
24.07 At the discretion of the Employer, employees on
temporary assignment outside of their Headquarters area, other than those on
training courses, may be given the opportunity to work on what would otherwise
be normal days of rest, where practicable and when work is available. Such work
will be paid for at the appropriate overtime rate.
25.01 An employee shall be paid at his/her straight-time
hourly rate for all work performed during his/her regularly scheduled hours of
work, including all work performed during regularly scheduled hours of work
which embraces not more than two (2) hours of the latter part of a day
designated as a holiday or not more than two (2) hours of the latter part of a
second day of rest, and not more than two (2) hours at the beginning of the
following day.
25.02 Each completed six (6)-minute period of overtime shall
be compensated for at the following rates:
(a) time and one-half (1 1/2) for hours worked other than provided in 25.01;
(b) notwithstanding 25.01, double (2) time for all hours worked in excess of
twelve (12) in a continuous period of work, or, in excess of twelve (12) hours
of work in a day. This section shall not apply to Article 27 "Travel",
except as specifically provided in Article 27;
(c) an authorized break of up to one (1) hour will not be considered as
breaking the continuity of hours worked in order to qualify under sub-clause
25.02(b).
25.03 "Time and one-half" is one and one-half (1
1/2) times the straight-time hourly rate.
25.04 "Double time" is twice (2) the straight-time
hourly rate.
25.05 Except for employees serving abroad with Foreign
Affairs and International Trade where current local conditions for payment of
meals will continue, employees working overtime will be granted meal breaks and
compensated for meals as follows:
**
(a) An employee who works three (3) or more hours of overtime immediately
before his/her scheduled hours of work shall be provided a paid meal break of up
to one-half (1/2) hour duration and be reimbursed his/her expenses for one (1)
meal in the amount of ten dollars and fifty cents ($10.50).
**
(b) An employee who works three (3) or more hours of overtime immediately
following his/her scheduled hours of work shall be provided a paid meal break of
up to one-half (1/2) hour duration and be reimbursed his/her expenses for one
(1) meal in the amount of ten dollars and fifty cents ($10.50).
**
(c) For each four (4) hours an employee works overtime continuously extending
beyond the period provided in (a) or (b) above, he/she shall be provided a paid
meal break of up to one-half (1/2) hour and be reimbursed at the rate of ten
dollars and fifty cents ($10.50) for each meal.
(d) When, at the request of the employee, a meal period of more than one-half
(1/2) hour can be arranged and taken prior to the beginning of an overtime
assignment such meal period shall be unpaid time and no reimbursement for
expenses will be made. Utilization of this option shall not serve to deny an
employee entitlement under (c) above.
25.06
(a) If an employee is given instructions, prior to his/her leaving work, to
work overtime which is not contiguous to his/her work period and the period of
non-contiguous overtime commences twenty-four (24) hours or less from the end of
the period of work in which the employee receives such instructions, the
employee shall be paid for the time actually worked at the applicable overtime
rate, or a minimum of three (3) hours' pay at straight-time, whichever is the
greater.
(b) If an employee is scheduled in writing or otherwise informed prior to
his/her leaving work, to work overtime which is not contiguous to his/her work
period and the period of non-contiguous overtime commences more than twenty-four
(24) hours from the end of the period of work in which the employee receives
such instructions, the employee shall be paid for the time actually worked at
the applicable overtime rate, or a minimum of one (1) hour's pay at straight
time, whichever is the greater. However, if the employee is required to report
more than once within that period, he/she shall be compensated in accordance
with (a) above.
25.07
(a) When an employee is required to work either contiguous or non-contiguous
overtime and is required to use other than normal public transportation
services, the employee's entitlement to transportation costs will be as provided
in the Travel Policy.
(b) Other than when required by the Employer to use a vehicle of the Employer
for transportation to a work location other than his/her normal place of work,
time spent by the employee reporting to work or returning to his/her residence
shall not constitute time worked.
25.08
(a) When operational requirements permit, an employee assigned to work away
from his/her assigned permanent headquarters or aboard ship may accumulate time
off in lieu of overtime at the appropriate overtime rate. Such time off will be
liquidated at a mutually acceptable time.
(b) If any time off in lieu of overtime earned in 25.08(a) cannot be
liquidated by the end of the fiscal year, then, at the request of the employee
and with the approval of the Employer, payment in cash will be made at the
employee's rate of pay as of March 31st.
(c) Overtime earned within the assigned permanent headquarters area or
overtime earned outside the headquarters area which does not require an
overnight stay shall be compensated in cash, except where, upon request of an
employee and, with the approval of the Employer, an employee may be granted time
off in lieu of overtime at the appropriate overtime rate.
(d) If any time off in lieu of overtime earned in 25.08(c) cannot be
liquidated by the end of the fiscal year, then payment in cash will be made at
the employee's rate of pay as of March 31st.
25.09 The Employer will make every reasonable effort:
(a) to allocate overtime work on an equitable basis among readily available
qualified employees;
(b) to give employees who are required to work overtime, adequate advance
notice of this requirement;
(c) unless otherwise agreed to locally between management and local union
representatives, the period of equitable distribution of overtime referred to in
(a) above is over a twelve-month (12) period as determined by the Employer.
25.10 An employee aboard ship who performs overtime work
which is not contiguous to his/her regularly scheduled hours of work shall be
paid the greater of:
(a) compensation at the applicable overtime rate for the time worked,
or
(b) one (1) hour's pay at the straight-time rate.
Note:
For the purpose of determining lieu days under clauses 26.05, 26.07, 26.08
and 26.09, when Easter Monday and/or Good Friday fall in the month of March,
such day(s) shall be deemed to be contained in the following fiscal year.
26.01 Subject to clause 26.02, the following days shall be
designated as holidays with pay:
(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 (1) day in each year in addition to those listed above which, 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
additional day shall be the first Monday in August,
and
(l) One (1) additional day when proclaimed by an Act of Parliament as a
National Holiday.
26.02
(a) Clause 26.01 does not apply to an employee who is absent without
permission on his/her scheduled working day immediately preceding or his/her
scheduled working day immediately following the designated holiday.
(b) There shall be no payment for designated holidays which occur within a
period of leave without pay.
(c) An employee who is not required to perform work on a day designated as a
holiday in this Agreement shall be paid at his/her straight-time rate for what
would otherwise have been his/her regularly scheduled daily hours had it not
been a holiday.
26.03 Subject to clauses 26.05 and 26.06 the following shall
apply to Non-Operating Employees:
(a) When a day designated as a holiday under clause 26.01 coincides with an
employee's day of rest, the holiday shall be moved to the employee's first
scheduled working day following his/her day of rest, or the second day following
his/her day of rest if the employee would otherwise lose credit for a designated
holiday.
(b) When a day designated as a holiday is moved to another day, in accordance
with (a) above, 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.
(c) Work performed by an employee on the day to which the holiday was moved
under sub-clause 26.03(b) shall be considered as work performed on a holiday.
(d) When 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.
(e) When an employee covered by this clause is required to work on a holiday
he/she shall be paid, in addition to the pay he/she would have received had
he/she not worked on the holiday, one and one-half (1 1/2) times his/her
straight-time hourly rate for all hours worked by him/her up to seven decimal
five (7.5) hours, exclusive of a meal break, and twice (2) his/her straight-time
hourly rate for hours worked in excess of such seven decimal five (7.5) hours
subject to clause 25.05 in respect of meal breaks.
(f) Notwithstanding sub-clause 26.03(e) an employee assigned to duty outside
his/her headquarters' area (other than to training courses conducted under
Article 43), who cannot return to his/her headquarters' area for a designated
holiday without incurring additional expense to the Employer shall, if he/she so
requests and sufficient work is available, work the holiday. For such work the
employee shall receive his/her normal daily rate of pay and be provided with a
lieu day to be taken at a mutually acceptable time. Hours worked in excess of
normal daily hours will be paid for in accordance with Article 25 (Overtime).
26.04 The following shall apply to all employees whose
designated paid holidays are governed by one of the following clauses - 26.05,
26.07, 26.08 or 26.09:
(a) The normal work schedule shall require the employees to work on days
designated as paid holidays in clause 26.01 or the day to which the holiday is
moved as provided in sub-clause 26.04(b).
(b) When a day which is otherwise designated as a paid holiday as provided in
clause 26.01 coincides with an employee's day of rest, the holiday shall be
moved to the employee's first scheduled working day following his/her day of
rest or the second day following his/her day of rest if the employee would
otherwise lose credit for a designated holiday.
(c) When a day designated as a holiday is moved to another day, in accordance
with (b) above, work performed by an employee on the day from which the holiday
is moved shall be considered as work performed on a day of rest.
(d) Employees who work on designated paid holidays, or the day to which the
holiday is moved as provided in 26.04(b) shall be paid at their straight-time
hourly rate for all regularly scheduled hours of work. For hours worked in
excess of such seven decimal five (7.5) hours employees shall be paid in
accordance with Article 25 (Overtime).
26.05 The following shall apply to all Operating Employees
except those covered by clause 26.06 and to Non-Operating Employees at isolated
posts with an Environment Allowance Classification of 4 or 5:
(a) On April 1st of each year each employee shall be credited with
eleven (11) days in lieu ("lieu days") of designated holidays.
(b) A deduction shall be made from the credited lieu days for which the
employee is absent without permission on the designated holiday as listed in
clause 26.01 or the day to which the holiday is moved as provided in sub-clause
26.04(b).
(c) Lieu days may be taken in conjunction with days of rest or vacation leave
or a combination thereof or as occasional days and shall be charged against the
lieu day credits on the basis of one (1) shift for one (1) day.
(d) An employee's lieu days shall be scheduled in the fiscal year in which
they are credited to him/her. In scheduling such lieu days the Employer shall,
subject to the operational requirements of the service, make every reasonable
effort:
(i) to schedule an employee's lieu days on the dates requested when such a
request is made in writing prior to May 1st;
(ii) to give next priority to scheduling lieu days on the dates requested
when such a request is made in writing prior to October 1st;
(iii) to make available to the employee alternative dates, which the
employee may accept or decline, for lieu days, the request for which is made
by the employee prior to October 1st, and which cannot be
accommodated by the Employer;
(iv) to schedule any remaining lieu days, after consulting with the
employee, if as of October 1st the Employer has been unable to
accommodate an employee's request or no request has been filed; such schedule
shall be subject to at least twenty-eight (28) days' advance notice; such lieu
days shall be scheduled in conjunction with the employee's days of rest or
annual vacation and shall not be in excess of five (5) days in any calendar
month except by mutual consent;
(v) to provide by mutual agreement lieu days requested on shorter notice,
notwithstanding the above.
(e) If an employee's scheduled lieu days are cancelled by the Employer with
less than seven (7) days' notice the Employer shall pay the employee for the
first shift worked of the cancelled lieu days a premium payment equal to the
amount shown in note 5 of Appendix "B". Within five (5) days of such
notice of cancellation, the Employer will consult with the employee to establish
alternative lieu days.
(f) When operational requirements prevent the Employer from providing lieu
days to which the employee was entitled prior to the end of the fiscal year, the
remaining days shall be liquidated by the Employer by a premium payment equal to
the amount shown in note 9 of Appendix "B" for each day liquidated.
The premium payment for a half (1/2) day shall be half of the amount.
26.06 Clauses 26.03 and 26.05 shall not apply to employees
while employed at Isolated Posts with an Environment Allowance Classification of
1, 2 or 3 or while assigned aboard ship away from home port. Such employees
shall be entitled to days in lieu of holidays as provided in clauses 26.07,
26.08, 26.09 and subject to clause 26.04.
26.07 For all employees as described in clause 26.06 who are
so employed at the beginning of the fiscal year and when it is anticipated they
will be continuously so employed to or beyond the end of the fiscal year, clause
26.01 shall not apply and the following shall apply:
(a) On April 1st of each year such employees will be credited with
eleven (11) lieu days.
(b) A deduction shall be made from the credited lieu days for any instance in
which the employee is absent without permission on the day recognized as the
designated holiday in clause 26.01 or the day to which the holiday is moved as
provided in sub-clause 26.04(b).
(c) Such lieu days shall be scheduled so they will be taken contiguously with
the employee's vacation leave in that fiscal year.
(d) If for any reason the employee's lieu days have not been taken by the end
of the fiscal year in which they were earned the days remaining shall be
liquidated by the Employer by a premium payment equal to the amount shown in
note 9 of Appendix "B" for each day liquidated. The premium payment
for a half (1/2) day shall be half of the amount.
26.08 For all employees as described in clause 26.06 who
after the beginning of the fiscal year are assigned for a period anticipated to
extend to or beyond the end of the fiscal year, clause 26.01 shall not apply
during such period and the following shall apply:
(a) The employee will be credited with one (1) lieu day for each holiday
he/she has worked during the period, provided he/she was not absent without
permission on the day recognized as a designated holiday in clause 26.01 or the
day to which the holiday is moved as provided in sub-clause 26.04(b).
(b) Lieu days thus accumulated shall be taken contiguously with the
employee's vacation leave in the current or the following fiscal year.
26.09 For all employees as described in clause 26.06 who on
or after the beginning of the fiscal year are assigned for a period known to be
less than the balance of the fiscal year, clause 26.01 shall not apply during
such period and the following shall apply:
(a) On the completion of the term of the assignment the employee will be
credited with one (1) lieu day for each holiday he/she has worked during the
period, provided he/she was not absent without permission on the day recognized
as a designated holiday in clause 26.01 or the day to which the holiday is moved
as provided in sub-clause 26.04(b).
(b)
(i) Employees who complete their assignments before January 2nd
in any fiscal year shall take their accumulated lieu days at a time preferred
by the employee before the end of the fiscal year, operating requirements
permitting. Unused lieu days as of March 31st shall be liquidated
by the Employer by a premium payment equal to the amount shown in note 9 of
Appendix "B" for each day liquidated. The premium payment for a half
(1/2) day shall be half of the amount.
(ii) Employees who complete their assignments on or after January 2nd
may take their lieu days as provided for in (i) above or may carry all or part
of them over into the next fiscal year.
26.10 Any lieu days taken under clauses 26.05, 26.07, 26.08
or 26.09 in advance of holidays occurring after the date an employee ceases to
be an employee or after he/she becomes subject to clause 26.03 shall be subject
to recovery of pay.
26.11 Foreign Affairs
(a) For employees serving abroad with Foreign Affairs and International
Trade, only clauses 26.01, 26.02 and 26.03 will apply. Such employees shall be
entitled to eleven (11) designated holidays each year. The holidays taken may be
those provided in 26.01 or may be other days substituted for holidays in
accordance with the provisions of the Foreign Service Directives. Holidays with
pay shall be designated for such employees by the Employer for each post abroad
at the beginning of each calendar year.
(b) Operating Employees of Foreign Affairs and International Trade serving at
Ottawa shall be governed by the provisions of clause 26.04. A day designated as
a holiday under clause 26.01 shall be recognized and scheduled on the calendar
day preceding or succeeding the employee's days of rest which are scheduled
closest to the actual day of the holiday. Any day so taken in advance of a
holiday occurring after the date an employee ceases to be an employee shall be
subject to recovery of pay.
26.12 The following shall apply to employees who are
classified as Electronic Systems Instructors on a continuing basis:
(a) When on a designated holiday an employee is required by the Employer to
conduct a course, scheduled in accordance with sub-clause 43.06(b), the employee
shall be given a lieu day with pay to be taken at a mutually agreed time and, in
addition to the pay the employee would have received had he/she not worked on
the holiday, one-half (1/2) times his/her straight-time hourly rate for all
hours worked by him/her up to seven decimal five (7.5) hours, exclusive of a
meal break. Hours worked in excess of such seven decimal five (7.5) hours, will
be paid at twice (2) the employee's straight-time hourly rate.
(b) If an operating employee who anticipated and was previously granted the
statutory holiday in the form of a "lieu day" shall receive only pay
at the straight-time rate for the first seven decimal five (7.5) hours worked on
the statutory holiday.
(c) If an operating employee has any lieu days to his/her credit at the time
of becoming an Electronics Systems Instructor, the disposition of such lieu days
shall be mutually agreed upon by the employee and the Employer at the
commencement of the assignment.
(d) If for any reason the employee's lieu days have not been taken by the end
of the fiscal year in which they were earned the days remaining shall be
liquidated by cash payment at the employee's daily rate of pay as of March 31st.
Payment for a half (1/2) day shall be one-half (1/2) the employee's daily rate
of pay as of March 31st.
(e) Notwithstanding the above, when Good Friday and/or Easter Monday fall in
the month of March, such day(s) shall be deemed to be contained in the following
fiscal year.
27.01 This Article shall not apply to an employee for the
travel involved in respect of a transfer or posting which is subject to the
Relocation Policy.
27.02 Employees in travel status will be reimbursed for all
reasonable expenses in accordance with the current Travel Policy.
27.03 When an employee travels through more than one (1)
time zone, computation will be made as if the employee 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.
27.04 In making travel arrangements for employees, every
reasonable effort shall be made to minimize the amount of time the employee is
away from his/her headquarters area. For trips entailing more than one (1) day
of travel the employee's regular scheduled hours of work for each day of his/her
itinerary are to be established in advance for each day of travel in accordance
with 27.05(b) prior to the commencement of his/her trip.
27.05 When in the performance of his/her duties an employee
is required by the Employer to travel by authorized means of transport, time
necessarily spent in such travel shall be considered as time worked and
compensated for as follows:
(a) Planned Overnight Stay
When an employee's travel itinerary includes an overnight stay between the
first and second day of travel, and where good sleeping accommodation is
available at the Employer's expense, and when the employee has eight (8)
continuous hours available to him/her after 2100 and before 0800 hours to
utilize such accommodation, the employee shall be compensated as provided for in
(b), (c) and (d) below for all hours travelled and/or worked before his/her
arrival at and after his/her departure from the point of his/her overnight stay.
(b) Travel during Regular Hours
Except as provided in 27.05(e) and (g), at the employee's straight-time
hourly rate for all hours during his/her regularly scheduled hours of work
(minimum - the employee's daily rate of pay). When an employee is travelling for
a period of more than one (1) day, his/her regularly scheduled hours of work
shall be considered as being seven decimal five (7.5) consecutive hours
(exclusive of a meal break) between the hours of 0800 and 1800 for each day of
travel.
(c) Travel in Excess of Regular Hours
Except as provided in 27.05(d) to (h) inclusive, at time and one-half (1 1/2)
the employee's straight-time hourly rate for:
(i) all hours other than in (b) above,
and
(ii) the first seven decimal five (7.5) hours (exclusive of a meal break)
on a Designated Holiday or first Day of Rest for travel or any combination of
travel and work.
(d) Travel on Designated Holidays and Days of Rest
At twice (2) the employee's straight-time hourly rate for hours travelled or
any combination of travel and work in excess of seven decimal five (7.5) hours
(exclusive of a meal break) on a Designated Holiday or first Day of Rest and all
hours on a second and subsequent Day of Rest, except that where good sleeping
accommodation is provided or available at no expense to the employee and the
employee has eight (8) continuous hours between 2100 and 0800 hours to utilize
such accommodation, that eight (8) hours shall be exempt from payment.
(e) Travel and Work Less Than Twenty-four (24) Hours, No Sleeping
Accommodation
If, within any period of twenty-four (24) consecutive hours, an employee is
required by the Employer to travel by authorized means of transport to and/or
from a work location other than his/her normal place of work, such time spent
shall be considered as time worked. When, in such case, on a regular work day,
any period of such travel and work exceeds seven decimal five (7.5) consecutive
hours, exclusive of a meal break, the hours in excess of such seven decimal five
(7.5) hours shall be paid for at one and one-half (1 1/2) times the employee's
straight-time hourly rate except that if the period of such travel and work
exceeds twelve (12) consecutive hours exclusive of meal breaks, the hours in
excess of twelve (12) in any continuous period of such travel and work will be
paid for at twice (2) the employee's straight-time hourly rate. To qualify for
double (2) time as provided above, the employee's contiguous periods of travel
and work must begin and end within a continuous period of twenty-four (24)
hours.
In the above, where any hours involved are on a Designated Holiday or Days of
Rest, the rates will be replaced as applicable in accordance with 27.05(c) and
(d) above.
(f) Passenger Aboard Vehicle with Sleeping Accommodation
When an employee travels as a passenger aboard an authorized means of
transport which provides good sleeping accommodation, and when the employee has
eight (8) continuous hours available to him/her after 2100 and prior to 0800
hours to utilize such accommodation, the employee shall be compensated at
his/her straight-time hourly rate for all hours except the eight (8) hours
referred to above.
Any time an employee ceases to be a passenger on assuming specific duties,
the time so spent shall be compensated in accordance with Articles 23 and 25. On
ceasing to perform said specific duties the employee shall resume the status of
a passenger.
In the above, where any hours involved are on a Designated Holiday or Days of
Rest, the straight-time rate will be replaced as applicable in accordance with
27.05(c) and (d) above.
(g) Travel and Work Less than Twenty-four (24) Hours, With Sleeping
Accommodation
Notwithstanding 27.05(f) above, any situation when an employee is travelling
to and/or from work locations aboard an authorized means of transport which
provides good sleeping accommodation, and his/her combination of travel and work
does not exceed twenty-four (24) hours, time spent shall be considered as time
worked. When, in such case, on a regular work day, any period of such travel and
work exceeds seven decimal five (7.5) consecutive hours, exclusive of a meal
break, the hours in excess of such seven decimal five (7.5) hours shall be paid
for at one and one-half (1 1/2) times the employee's straight-time hourly rate
except that if the period of such travel and work exceeds twelve (12)
consecutive hours, the hours in excess of twelve (12) in any continuous period
of such travel and work will be paid for at twice (2) the employee's
straight-time hourly rate. To qualify for double time as provided above, the
employee's contiguous periods of travel and work must begin and end within a
continuous period of twenty-four (24) hours. Where good sleeping accommodation
is available and the employee has eight (8) continuous hours between the hours
of 2100 and 0800 to utilize such accommodation the eight (8) hours involved
shall be exempt from payment.
In the above, where any hours involved are on a Designated Holiday or Days of
Rest, the rates will be replaced as applicable in accordance with 27.05(c) and
(d) above.
(h) Unforeseen and Unavoidable Delays
When an employee is subject to an unforeseen or unavoidable delay while
travelling between assigned work locations, and that delay is at such a time and
for such duration that the employee can utilize overnight accommodation, the
employee shall be compensated for all hours of that delay at his/her
straight-time hourly rate, except that where good sleeping accommodation is
available at no expense to the employee and when the employee has eight (8)
continuous hours available to him/her after 2100 and prior to 0800 hours to
utilize such accommodation, that eight (8) hours will be exempt from payment.
The straight-time payment will continue during the period of such delay until
such time as the employee again commences travelling.
In the above where any hours involved are on a Designated Holiday or Days of
Rest, the straight-time rate will be replaced as applicable in accordance with
27.05(c) and (d) above.
27.06
(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 27.06(a) when an employee is required to utilize service
accommodation, such accommodation shall be the equivalent where available, of
good commercial accommodation.
27.07 With the approval of the Employer, an employee may be
permitted to use his/her private motor vehicle in place of a public carrier to
proceed on training courses provided there is no extra cost to the Employer. The
employee will be allowed the equivalent travel time and expenses including the
lowest transportation costs as if he/she had travelled by public carrier. The
public transportation costs will be the lowest available when the employee was
notified in writing or by electronic format by the Employer that he/she had to
attend a training course.
27.08 For every employee proceeding on leave with pay from
an isolated post, the Employer will approve leave of absence with pay for the
lesser of:
(a) Three (3) days;
or
(b) The actual time required to travel from his/her post to a point of
departure and to return from a point of the departure to his/her post.
In this section "Isolated Posts" and "Point of Departure"
have the same meaning as given to these expressions in the Isolated Posts
Directive.
In the event of unavoidable delays at northern transportation terminals,
additional travel time may be allowed.
It is understood by the parties the above applies to an employee using
his/her private motor vehicle where such use is practicable and it is understood
that a maximum of one (1) day's leave shall compensate for all hours travelled
in a day.
27.09
(a) Upon request by the employee and with the approval of the Employer,
compensation at the applicable overtime rate earned under this Article may be
granted in compensatory leave with pay. Such time off will be liquidated at a
mutually acceptable time.
(b) If any time off in lieu of overtime earned in accordance with 27.09(a)
cannot be liquidated by the end of the fiscal year, then payment in cash will be
made at the employee's hourly rate of pay as of March 31st.
27.10 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 fifteen (15) hours off with pay. The employee shall be
credited with seven decimal five (7.5) hours off for each additional twenty (20)
nights that the employee is away from his or her permanent residence to a
maximum of sixty (60) additional nights.
**
(b) The maximum number of hours off earned under this clause shall not exceed
thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as
compensatory leave with pay.
(c) The Employer shall grant the travel status leave at times convenient to
both the employee and the Employer.
(d) If any of this leave cannot be liquidated by the end of the fiscal year,
then payment in cash shall be made at the employee's rate of pay as of March 31st.
**
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars, unless the employee is required to attend by the Employer.
28.01 If,
(a) on a designated holiday or a day of rest,
or
(b) after he/she has completed his/her work period and has left his/her place
of work and prior to reporting for his/her next regular scheduled work period,
an employee is called back to work and returns to work prior to his/her next
regular scheduled work period for a period of overtime the employee shall be
entitled to the greater of:
(a) compensation at the applicable overtime rate for any time worked,
or
(b) compensation equivalent to four (4) hours' pay at the straight-time rate.
28.02
(a) When an employee is recalled to work overtime under the conditions
described in clause 28.01, and is required to use transportation services other
than normal public transportation services, the employee's entitlement to
transportation costs will be as provided in the Travel Policy.
(b) Other than when required by the Employer to use a vehicle of the Employer
for transportation to a work location other than his/her normal place of work,
time spent by the employee reporting to work or returning to his/her residence
shall not constitute time worked.
28.03 Notwithstanding clause 28.01 an employee called back
to work and who reports for work one (1) hour or less prior to the commencement
of his/her scheduled work period and the period of work for which the employee
was recalled is contiguous to the commencement of his/her work period shall
receive only the applicable overtime rate for the period worked prior to the
commencement of his/her scheduled work period.
**
28.04
(a) When an employee is called back to work in accordance with clause 28.01
for a period of overtime, the duration of which cannot be pre-determined, and
works four (4) hours or more of overtime, he/she shall be provided a paid meal
break of up to one-half (1/2) hour and a meal allowance of ten dollars and fifty
cents ($10.50).
(b) If the employee continues to work for four (4) hours or more of overtime
beyond the first four (4)-hour period in sub-clause 28.04(a), he/she shall be
provided further paid meal breaks of up to one-half (1/2) hour and allowances of
ten dollars and fifty cents ($10.50) at the completion of this second and
subsequent four (4)-hour periods.
28.05
(a) Upon request by the employee and with the approval of the Employer,
compensation earned under this Article may be granted in compensatory leave with
pay. Such time off will be liquidated at a mutually acceptable time.
(b) If any time off in lieu of overtime earned in accordance with 28.05(a)
cannot be liquidated by the end of the fiscal year, then payment in cash will be
made at the employee's hourly rate of pay as of March 31st.
29.01 When an employee is notified in writing that he/she
will be required to be available for work during his/her off-duty hours the
employee shall be entitled to a standby payment of one (1) hour's pay at the
straight-time rate for each consecutive eight (8) hours or portion thereof that
he/she is required to remain available.
29.02 While an employee is not required to have a telephone,
an employee designated for standby duty shall be available during his/her period
of standby at a known telephone number and be able to return to duty as quickly
as is practicable when he/she is called, but in any event not later than one (1)
hour after he/she is called.
29.03 No payment for standby will be made for any eight (8)
hour period referred to in clause 29.01 if an employee is unable to report for
duty when required during that period.
**
29.04
(a) Upon request by an employee and with the approval of the Employer, the
standby payment earned under clause 29.01 may be granted in compensatory leave
with pay. Such time off will be liquidated at a mutually acceptable time.
(b) If any time off in lieu of the standby payment earned in accordance with
29.04(a) cannot be liquidated by the end of the fiscal year, then payment in
cash will be made at the employee's hourly rate of pay as of March 31st.
29.05 The Employer agrees that standby for the afternoon
and/or night shifts shall be on a five (5) day basis, Monday to Friday
inclusive.
29.06 When an employee is required for standby duties on
weekends one (1) employee per weekend will be assigned to such standby unless
mutually arranged otherwise at local work sites.
29.07 In respect of clauses 29.05 and 29.06 the Employer
agrees to give seven (7) days' notice of such standby requirement unless it is
essential to provide a replacement due to the inability of the assigned employee
to assume or continue standby duties.
29.08 The Employer shall have the right to put an employee
on standby duty in a specific instance where there is a requirement known in
advance.
29.09 When there is a known requirement for standby duties
on a continuing basis the Employer will use his best endeavours to distribute
the standby duties on an equitable basis among qualified available employees and
on a weekly basis.
29.10 An employee on standby who was called into work and
who reports to work in accordance with the above shall be compensated in
accordance with the Call-Back provisions of this Agreement.
29.11 In respect of employees of Foreign Affairs and
International Trade who are posted abroad and where an employee is required to
have a telephone installed, the Employer shall pay that portion of the
employee's telephone installation and rental cost which exceeds the Ottawa rate
for similar services.
29.12 The Employer agrees that in those areas where
Electronic paging devices are both available and practicable they will be
provided without cost to those employees on standby.
**
30.01 An employee will receive a shift premium of fifteen
dollars ($15) for each shift worked on the 16:00 to 24:00 evening shift and for
each shift worked on the 00:00 to 08:00 night shift.
30.02 An employee who in the observance of a special shift
schedule works four (4) or more hours during the period of either of the
aforementioned shifts shall be paid the appropriate shift premium for such
shift.
30.03 Where an operating employee's assigned work place has
shift cycles which have scheduled shifts on Saturdays and Sundays and it is
evident that these weekend shifts will be on a continuing basis and are not
affected by seasonal operations, the employee shall receive a weekend premium of
one dollar and fifty cents ($1.50) per hour for all regular hours worked on
Saturday and/or Sunday at his/her straight-time hourly rate in addition to the
above shift premiums.
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