**
31.01 Except for employees of the Department of National
Defence when covered by Article 32, (Sea Trials' Allowance), any employee
assigned to work aboard a ship shall be paid a Sea Duty Allowance of nineteen
dollars ($19) for each such night he/she is at sea.
31.02 Except for employees of the Department of National
Defence when covered by Article 32 (Sea Trials' Allowance), any employee
assigned to work aboard a ship shall be paid a Sea Duty Allowance, in addition
to 31.01 above, of twenty-five dollars ($25) for each night beyond forty-four
(44) consecutive nights that he/she is at sea.
31.03 An employee required to report aboard ship sailing
from home port outside his/her normally scheduled working hours and who is not
required to work aboard ship on reporting will be paid a premium of one (1)
hour's straight time.
31.04 When an employee is required to proceed to a Mobile
Offshore Drilling Unit (MODU) or to board a vessel or submarine at sea by
helicopter or vessel and is required to transfer from that helicopter or vessel
to the Mobile Offshore Drilling Unit (MODU), vessel or submarine, he/she shall
be paid a transfer allowance of ten dollars ($10). If the employee leaves the
Mobile Offshore Drilling Unit (MODU), vessel or submarine by similar transfer
he/she shall be paid a further ten dollars ($10).
32.01
(a) When an employee is required to be in a submarine during trials under the
following conditions:
(i) he/she is in a submarine when it is in a closed down condition either
alongside a jetty or within a harbour, on the surface or submerged; i.e., when
the pressure hull is sealed and undergoing trials such as vacuum tests, high
pressure tests, short trials, battery ventilation trials or other recognized
former trials, or the submarine is rigged for diving;
or
(ii) he/she is in a submarine when it is beyond the harbour limits on the
surface or submerged;
or
(b) when an employee is required to proceed to sea beyond the harbour limits
aboard a HMC Ship, Auxiliary Vessel or Yardcraft for the purpose of conducting
trials, repairing defects or dumping ammunition;
or
(c) when an employee is required to work in a shore-based work site in direct
support of an ongoing sea trial;
he/she shall be compensated in accordance with clause 32.03.
32.02 Article 23.13 (Encroachment) shall be applied at the
termination of the sea trial only.
32.03
(a) He/she shall be paid at the employee's straight-time rate for all hours
during his/her regularly scheduled hours of work and for all unworked hours
aboard the vessel or at the shore-based work site.
(b) He/she shall be paid overtime at time and one-half (1 1/2) the employee's
straight-time hourly rate for all hours worked in excess of the regularly
scheduled hours of work up to twelve (12) hours.
(c) After this period of work, the employee shall be paid twice (2) his/her
straight-time hourly rate for all hours worked in excess of twelve (12) hours.
(d) After this period of work, the employee shall be paid three (3) times
his/her straight-time hourly rate for all hours worked in excess of sixteen (16)
hours.
(e) Where an employee is entitled to triple (3) time in accordance with (d)
above, the employee shall continue to be compensated for all hours worked at
triple (3) time until he/she is given a period of rest of at least ten (10)
consecutive hours.
(f) Upon return from the sea trial, an employee who qualified under 32.03(d)
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.
32.04 In addition, an employee shall receive a submarine
trials allowance equal to twenty-five per cent (25%) of his/her basic hourly
rate for each completed one-half (1/2) hour he/she is required to be in a
submarine during trials as per the conditions prescribed in sub-clause 32.01(a).
33.01 An employee required to perform duties with equipment
while in flight, such as flight calibration of magnetometer surveys, shall be
paid an allowance of one hundred dollars ($100) per month provided that he/she
completes fifteen (15) hours in the performance of such duties each quarter. The
Employer will make every reasonable effort to allocate such duties on an
equitable basis among available qualified employees.
33.02 An employee in the Avionics Workshop of Transport
Canada or in the Avionics Systems at CFB Cold Lake who is required to perform
duties with equipment while in flight, who does not qualify for payment under
33.01, shall be paid a flying time premium of ten dollars and fifty cents
($10.50) per hour or part thereof, while performing such work in flight
authorized by his/her supervisor.
34.01 A Penological Factor Allowance shall be payable to
incumbents in some positions in the bargaining unit which are in the Canadian
Penitentiary Service, subject to the conditions set forth in Appendix
"A" to this Agreement.
35.01 In so far as is feasible, having regard to building
and space limitations, the Employer will where alternate facilities are not
available, provide proper accommodation for employees to have and/or to prepare
their meals and where there is a requirement, to provide space to keep their
clothes, tools and manuals.
35.02 Subject to the prior approval of the Master before
work is commenced, an employee who is required to work in bilges and/or spaces
below the bottom deck plates for periods in excess of fifteen (15) minutes,
shall be paid, in addition to the appropriate rate of pay, an additional
one-quarter (1/4) of his/her straight-time hourly rate of pay for every fifteen
(15)-minute period, or part thereof, worked.
35.03 The Employer will ensure that a supply of water and a
utensil capable of heating liquids (hot-cup) are made available to Technicians
working at normal work sites where such facilities are not now available.
35.04 An employee who is required to repair buoys and other
navigational equipment on open ice on Lac St. Pierre in the Province of Quebec
shall be paid an extra allowance of thirteen dollars ($13) for the time spent on
open ice in any twenty-four hour (24) period
36.01 An employee shall have an assigned permanent
headquarters and this shall be his/her work place. This shall be the point where
the employee reports, commences and ends his/her day's work.
36.02 In the event that the employee's permanent
headquarters is changed the Employer will give not less than one (1) month's
notice in writing of the impending change.
37.01 When an employee is assigned to work at a location
outside of his/her headquarters' area he/she shall be considered as being on
temporary assignment until he/she returns to his/her headquarters' area or is
permanently assigned to another headquarters' area. An employee on temporary
assignment shall be entitled to reimbursement for all reasonable expenses in
accordance with clause 27.02.
37.02 An employee on temporary assignment at a work place
that is a work place of other employees shall have that work place designated as
his/her report point where he/she shall commence and end his/her day's work.
37.03 The Employer agrees that temporary assignments to
isolated posts for construction activities will be equally distributed, as far
as practicable, amongst the available qualified construction Technicians in that
region.
**
37.04 Employees assigned away from their headquarters area
on other than a training course for a period of seven (7) days or more shall be
given seven (7) days' notice of such assignment. Where less than seven (7) days'
notice is given, the employee shall be paid a premium equal to the amount shown
in note 5 of Appendix "B" for the first day of the assignment for
which he/she was not given seven (7) days' notice.
37.05 An employee who is assigned to a ship of the Employer
to perform maintenance on the ship's electronic equipment as his/her primary
duty on a continuing basis at sea shall have that ship considered as his/her
work place for the period of that temporary assignment.
37.06 An employee who is assigned to a ship of the Employer
for scientific and/or research support or to operate electronic equipment on
board that ship, shall have that ship considered as his/her work place for the
period of that temporary assignment.
**
37.07 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 overtime, where
practicable and when work is available. Such work will be paid for at the
appropriate overtime rate.
38.01 An employee assigned to work aboard ship will be given
accommodation equal to that afforded to Officers aboard that ship except where
it is not operationally practicable or where space does not permit.
39.01 Employee complaints or grievances will be dealt with
in accordance with the procedure set forth in this Article the purpose of which
is to secure prompt and fair disposition of grievances.
39.02 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 NJC parties to this agreement have endorsed, the grievance
procedure will be in accordance with Section 14.0 of the NJC By-laws.
39.03 Definitions
(a) Days
All "days" referred to in this procedure are calendar days
exclusive of Saturdays, Sundays and designated holidays.
(b) Immediate Supervisor
The "immediate supervisor" is the supervisor who has been specified
by the Department to deal with complaints from employees in his/her work area,
and to receive written grievances and process them to the appropriate step in
the procedure.
(c) Management Representative
The "management representative" is the officer identified by the
Employer as an authorized representative whose decision constitutes a step in
the grievance procedure.
**
39.04 Right to Present Grievances
Subject to and as provided in Section 208 of the Public Service Labour
Relations Act an employee who feels that he/she has been treated unjustly
or considers himself/herself aggrieved by any action or lack of action by the
Employer in matters other than those which are dealt with in the classification
grievance process is entitled to present a grievance in accordance with the
procedure provided by this Article except that:
(a) where there is another administrative procedure provided in or under any
Act of Parliament to deal with his/her 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 relating thereto the employee is not
entitled to present the grievance unless he/she has the approval of and is
represented by the Local.
A grievance must be presented not later than thirty (30) days from the day on
which the employee was notified, informed or otherwise became aware of the
decision, situation or circumstance that is the subject of his/her grievance.
A grievance of an employee shall not be deemed to be invalid by reason only
that it is not in accordance with the form supplied by the Employer.
39.05 Representation
An employee may be assisted and/or represented by an authorized
representative of the Local when presenting a complaint or grievance at any
level. Such representative may meet with the Employer to discuss a complaint or
grievance at each or any level of the grievance procedure.
When an employee is required to attend a meeting, the purpose of which is to
render a disciplinary decision concerning him or her, the employee shall be
informed that he or she is entitled to have an authorized representative of the
Local attend the meeting.
39.06 Procedure - Complaints
An employee who has a complaint should attempt to resolve the same through
discussion with his/her supervisor.
39.07 Level One (All Departments)
An employee may present his/her grievance in writing to his/her immediate
supervisor within the thirty (30) day period referred to in 39.04 above. The
immediate supervisor shall sign the form indicating the time and date received.
A signed copy will be returned to the employee and a copy forwarded to the
management representative authorized to make a decision at Level One. The
management representative shall give his/her decision and reasons in writing as
quickly as possible and not later than fifteen (15) days after the day on which
the grievance was presented. The decision will be in writing and a copy will be
returned, through the immediate supervisor, to the employee.
39.08 Level Two (All Departments except Foreign Affairs)
If a decision at Level One is not acceptable to the employee, the employee
may, not later than ten (10) days after receipt of the decision at Level One, or
if no decision was received, not later than fifteen (15) days after the last day
on which he/she was entitled to receive a decision, complete the grievance
transmittal form and present it to his/her immediate supervisor who will sign it
indicating the time and date received. A copy will be returned to the employee
and the employee representative if applicable. The management representative
shall give his/her decision and reasons in writing as quickly as possible and
not later than fifteen (15) days after the grievance was presented. The decision
will be in writing and the employee copy will be returned, through the immediate
supervisor, to the employee.
39.09 Final Level (All Departments)
If a decision at the level immediately preceding the Final Level is not
acceptable to the employee, the employee may, not later than ten (10) days after
receipt of the decision, or if no decision was received, not later than fifteen
(15) days after the last day on which he/she was entitled to receive a decision,
complete the grievance transmittal form and present it to his/her immediate
supervisor who will sign it indicating the time and date received. A receipted
copy will be returned to the employee and the employee representative, and a
copy forwarded to the Deputy Minister or his/her delegated representative
authorized to make a decision at the Final Level. The Deputy Minister or his/her
delegated representative shall give his/her decision and reasons for his/her
decision as quickly as possible and not later than thirty (30) days after the
grievance was presented. The decision will be in writing and the employee copy
will be returned, through the immediate supervisor, to the employee. The
decision of the Deputy Minister or his/her delegated representative at the Final
Level in the grievance procedure shall be final and binding upon the employee
unless the grievance is a class of grievance that may be referred to
Adjudication.
39.10 Copy to the Local
Where a grievance related to the interpretation or application in respect of
an employee of a provision of this Collective Agreement or an Arbitral Award
relating thereto or where the employee has indicated that he/she is being
represented by the Local, a copy of the reply at each level of this procedure
shall be forwarded to the authorized representative of the Local.
39.11 Termination Demotion or Indefinite Suspension Grievance
**
(a) A grievance resulting from the demotion or termination for cause pursuant
to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act
of an employee shall begin at the Final Level of the grievance procedure. The
written decision of the Deputy Minister or his/her delegated representative
shall be given as quickly as possible and not later than fifteen (15) days after
the grievance is presented. The fifteen (15)-day time limit may be extended to
thirty (30) days by mutual agreement between the Employer and the employee.
(b) A grievance resulting from the indefinite suspension of an employee once
the period of indefinite suspension exceeds fifteen (15) days shall begin at the
Final Level of the grievance procedure. The written decision of the Deputy
Minister or his/her delegated representative shall be given as quickly as
possible and not later than fifteen (15) days after the grievance is presented.
The fifteen (15) day time limit may be extended to thirty (30) days by mutual
agreement between the Employer and the employee.
39.12 Time Off to Present Grievance
An employee may be granted time off during working hours to discuss a
complaint or grievance provided prior permission of his/her supervisor is
obtained.
An employee who is a representative of the Local may, with the permission of
his/her supervisor, be granted time off during working hours to assist an
employee in the presentation of a complaint or grievance. Where such assistance
is given during working hours in the representative's area of jurisdiction
he/she may be granted time off with pay, and where such assistance is given at
locations other than in the representative's area of jurisdiction, leave without
pay.
Employees and employees who are representatives of the Local, will not be
entitled to be paid when a discussion or meeting on a complaint or grievance
takes place outside their normal working hours. The Employer will make every
reasonable attempt to schedule such meetings during normal working hours.
39.13 Permission to Enter Premises or Offices
An authorized representative of the Local may be permitted access to the
Employer's premises to assist in the settlement of a grievance. The Local shall
request such access from an authorized management representative in writing
where time permits and verbally in other cases.
Where security clearance is required this clearance will not be unreasonably
withheld.
39.14 Adjudication of Grievances
Where an employee has presented a grievance up to and including the Final
Level in the grievance procedure with respect to:
(a) the interpretation or application in respect of him/her of a provision of
this Collective Agreement or an Arbitral Award relating thereto,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
**
(c) termination of employment or demotion pursuant to paragraph 12(1)(c), (d)
or (e) of the Financial Administration Act,
and his/her grievance has not been dealt with to his/her satisfaction, the
employee may refer the grievance to adjudication.
Where a grievance that may be presented by an employee to adjudication is a
grievance relating to the interpretation or application in respect of him/her of
a provision of this Collective Agreement or an Arbitral Award relating thereto,
the employee is not entitled to refer the grievance to adjudication unless the
Local signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication;
and
(b) its willingness to represent the employee in the adjudication
proceedings.
39.15 Extension of Normal Time Limits
The time limits stipulated in this procedure may be extended by mutual
agreement between the Management representative and the employee, and the Local
representative where the Local is representing the employee.
39.16 Abandonment of Grievances
An employee may, by written notice to his/her immediate supervisor or local
officer-in-charge, abandon a grievance at any time during the grievance process.
If the grievance in question has been processed with the support of the Local,
the Employer will notify the Local that the employee has abandoned the
grievance. The abandonment of a grievance shall not prejudice the position of
the Local in dealing with grievances of a similar nature.
Where an employee fails to present a grievance to the next higher level
within the prescribed time limits the employee shall be deemed to have abandoned
the grievance.
It is not the Employer's intent to deny any grievance as being untimely when
failure to present the grievance within the time limits stipulated above is
caused due to circumstances beyond the control of the grievor.
40.01 The Employer and the Union recognize that consultation
and communication on matters of mutual interest outside the terms of the
Collective Agreement should promote constructive and harmonious Employer-Union
relations.
40.02 The Employer will recognize committees of the Union
for the purpose of consultation with management with a view to resolving
problems which arise within the ambit of the joint consultation process, as
follows:
(a) A National Committee of the Union consisting of not more than five (5)
employee representatives of the Union.
(b) Regional Committees of the Union consisting of not more than three (3)
employee representatives.
(c) By agreement of the parties, and where circumstances warrant, local Unit
Committees of the Union, consisting of not more than three (3) employee
representatives, may be established for the purpose of consultation with local
management.
40.03 It is agreed that a subject suggested for discussion
may not be within the authority or jurisdiction of either the management or
union representatives. In these circumstances, consultation may take place for
the purpose of providing information, discussing the application of policy or
airing 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.
40.04 Meetings with Regional Committees and the National
Committee shall take place at least every six (6) calendar months. By agreement
of the parties the frequency of meetings may be increased. The frequency of
meetings with local Committees shall be determined by mutual agreement.
40.05 All meetings shall be held on the Employer's premises
at a time and for a duration determined by mutual agreement.
40.06 Full-time employees forming the continuing membership
of local Committees shall be protected against any loss of normal pay by reason
of attendance at such meetings with management, including reasonable travel time
where applicable.
40.07 A designated representative of the Union Committee and
management shall exchange a written agenda for a meeting as early as possible
prior to the effective date of the meeting, but in any case normally not less
than fifteen (15) calendar days in advance.
40.08 It is agreed that the following matters will be
subjects for joint consultation under clause 40.01:
(a) housing;
(b) parking (current arrangements, including prices charged);
(c) training - Scheduling of study after normal working hours;
(d) duration of tour and return of employees posted for lengthy terms of
field survey or construction trips;
(e) reserve;
(f) compensation for technicians performing courier duties;
(g) isolated posts - trip out for death in the family;
(h) shift Scheduling - Shift Cycles.
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