51.01 The Employer agrees to continue the present practice
of ensuring that employees have ready access to all manuals considered necessary
to their work by the Employer, and manuals of a non-confidential nature relating
to their terms and conditions of employment.
52.01 Electronics personnel are not required to be
responsible for the care and operation of gasoline/diesel power generating
units.
52.02 While at equipment sites, electronics personnel may be
required to perform regular plant run-ups, checking of oil or antifreeze levels
and other minor inspections. An employee may also be required to perform minor
maintenance/repair activities on environmental control systems such as the
replacement or adjustment of modules and components.
52.03 It is recognized that at isolated work locations,
where normal maintenance services are not available, employees may attempt to
repair gasoline/diesel power generating units.
53.01 When an employee dies or is injured as a result of an
unscheduled flight he/she is required to undertake, he/she or his/her estate
shall be paid compensation with respect to flying accidents in accordance with
the policy in effect at the time the accident occurred.
54.01 Entitlement to Pay
An employee, other than an employee paid acting pay, shall be paid for
services rendered a rate of pay specified in Appendix "B" for his/her
classification level prescribed in his/her certificate of appointment.
54.02 Rates of Pay and Effective Dates
The rates of pay in Appendix "B" shall be implemented as indicated
therein.
54.03 Rates of Pay on Appointment
(a) A person appointed to a classification level from outside the Public
Service shall be paid at the minimum rate applying to that level except where
the Employer, in its discretion, authorizes a higher rate of pay.
(b) An employee appointed to a classification level from within the Public
Service shall be paid a rate of pay as determined by the application of clause
54.04, 54.05 or 54.06 as applicable. See clauses 54.10, 54.11 and 54.12 for
application on acting pay, and subsequent assignments and appointments.
(c) An employee to whom sub-clause 54.03(a) applied and who was appointed
above the minimum rate during a period where a pay increase becomes retroactive
and who was notified in writing prior to his/her appointment that a negotiated
retroactive pay increase would not apply to him/her shall, effective the date of
his/her appointment, have his/her rate of pay on appointment altered to the rate
in the new scale of rates for his/her classification level which is nearest to
but not less than the rate at which the employee was appointed. Changes in the
employee's rate of pay which took place during the retroactive period will be
recalculated on the basis of that new rate.
(d) When a person is appointed to the Public Service within one (1) year of
having been laid off, he/she shall be paid in accordance with clause 54.04,
54.05 or 54.06 as if he/she were being appointed to a classification level from
within the Public Service. For purposes of applying clause 54.04, 54.05 or 54.06
the employee's rate of pay "immediately before the appointment" shall
be deemed to be the rate the employee was being paid when he/she was laid off,
except that if the rate the employee was being paid when he/she was laid off has
been revised subsequent to the employee being laid off the employee's rate of
pay "immediately before the appointment" shall be deemed to be the
revised rate.
54.04 Rate of Pay on Appointment to a Classification Level Having a Higher
Maximum Rate
An employee appointed to a classification level having a maximum rate of pay
four per cent (4%) or more greater than the maximum of his/her former
substantive classification level shall be paid in his/her new classification
level at the rate of pay, nearest to the rate he/she was entitled to in his/her
substantive level immediately before the appointment that gives him/her an
increase in pay of not less than the smallest pay increment for his/her new
classification level. If there is no such rate the employee shall be paid the
maximum rate in his/her new scale.
54.05 Rate of Pay on Appointment to a Classification Level Having a Lower
Maximum Rate
Note:
(Except in the case of reclassification of duties and responsibilities to a
level having a lower maximum rate where clause 54.13 would apply.)
(a) An employee appointed, other than for incompetence or incapacity, to a
classification level having a lower maximum rate of pay than his/her former
substantive classification level may be paid at a rate in the scale of rates for
the new classification level to which he/she is appointed which is nearest to
but not less than the rate of pay the employee was entitled to in his/her
substantive level immediately before the appointment, or if there is no such
rate, the employee shall be paid the maximum of his/her new scale of rates.
(b) An employee appointed, because of his/her incompetence, to a
classification level having a lower maximum rate of pay than his/her former
classification level shall be paid in his/her new classification level at a rate
of pay to be determined by the Employer.
(c) An employee appointed, because of his/her incapacity, to a classification
level having a lower maximum rate of pay than his/her former classification
level shall be paid in his/her new classification level at a rate of pay to be
determined by the Employer.
54.06 Rate of Pay on Appointment to a Classification Level Having -
(a) the same maximum rate of pay,
or
(b) a maximum rate which exceeds the employee's former maximum rate by less
than four per cent (4%).
(c) An employee appointed to a classification level having the same maximum
rate of pay as his/her former substantive classification level shall be paid a
rate of pay in his/her new scale of rates nearest to but not less than the rate
he/she was entitled to in his/her substantive level immediately before the
appointment.
(d) An employee appointed to a classification level having a maximum rate of
pay which exceeds the maximum rate of his/her former classification level by
less than four per cent (4%) shall be paid a rate of pay in his/her new scale of
rates nearest to but not less than the rate he/she was entitled to in his/her
substantive level immediately before the appointment.
54.07 Rates of Pay on Appointment Where the Effective Date of Appointment
Coincides With a Pay Increment Date and/or a Pay Revision Date
Where there is a coincidence of dates of appointment, pay increment and/or
pay revision, the employee's rate shall be adjusted in the following sequence as
applicable:
(a) the employee shall receive his/her pay increment;
(b) his/her rate of pay shall be revised;
(c) his/her rate of pay on appointment shall be established in the revised
scale of rates in the new classification level in accordance with the provisions
of clause 54.04, 54.05 or 54.06.
54.08 Acting Pay
An employee who is required by the Employer to perform on an acting basis the
duties of a higher position to which a higher rate of pay would apply, if
appointed for a period of at least three (3) consecutive scheduled working days,
shall be paid acting pay from the date on which he/she commenced to act as if
he/she were appointed to the higher position.
Acting pay will be recalculated as the result of any pay increment or any
change to the range of rates in the employee's substantive position or any
change to the range of rates in the higher position.
Where such recalculation results in a rate of pay which is equal to or less
than the employee's previous acting rate of pay, the employee shall retain the
previously established acting rate of pay.
54.09 Temporary Assignment
An employee of the Public Service from outside the bargaining unit who is
temporarily assigned to, and performs for at least ten (10) consecutive working
days, the duties of a classification level in the bargaining unit having a
higher maximum rate of pay than the maximum rate of pay for the classification
level held by him/her, shall be paid from the first day of his/her temporary
assignment the rate of pay of the higher classification level as if he/she had
been appointed to the higher classification level.
54.10 Pay of an Employee on Termination of Acting Pay within the Bargaining
Unit or Termination of Temporary Assignment Outside the Bargaining Unit
(a) On termination of acting pay within the bargaining unit or termination of
a temporary assignment outside the bargaining unit, an employee shall be
entitled to pay from the date of termination as if he/she had remained in
his/her substantive classification level in the bargaining unit. The rate so
determined shall also be the employee's rate of pay for the purpose of
calculating a new rate of pay for any appointment, acting pay within the
bargaining unit or temporary assignment outside the bargaining unit which
coincides with the termination date.
(b) Where an employee on acting pay or on temporary assignment is appointed
to the classification level in which he/she is acting or temporarily assigned,
the employee shall continue to be paid in that classification level at the rate
of pay he/she is receiving and his/her service in that classification level
shall be recognized in determining his/her increment date.
54.11 Subsequent Assignments or Appointment to a Higher Level
(a) An employee already in receipt of acting pay who is either assigned on an
acting basis, or appointed on a substantive basis, to a higher classification
level than the one at which he/she was previously acting, shall be paid at a
rate of pay calculated pursuant to clause 54.04 or 54.06.
(b) Notwithstanding (a) above, should such rate of pay be less than the
employee's previous acting rate of pay, the employee shall be paid at the rate
of pay in the higher classification level that is nearest to but not less than
the previous acting rate of pay.
(c) Should the employee then revert to the previous acting duties, the
employee shall be paid at the rate of pay that would have been paid had the
previous acting duties been continuously performed.
54.12 Subsequent Assignments or Appointments to a Lower Level
An employee already in receipt of acting pay who is either assigned on an
acting basis, or appointed on a substantive basis, to a lower classification
level than the one at which he/she was previously acting, shall be paid at a
rate of pay calculated pursuant to clause 54.04, 54.05 or 54.06, and his/her
service in the higher classification level shall be recognized in determining
his/her increment date.
54.13 Rate of Pay on Reclassification of Duties and Responsibilities to a
Level With a Lower Maximum Rate
Where an employee's duties and responsibilities are reclassified to a level
with a lower maximum rate of pay than the level at which he/she is being paid,
the following shall apply:
(a) Prior to a position being reclassified to a group and/or level having a
lower attainable maximum rate of pay, the incumbent shall be notified in
writing.
(b) Downward reclassification notwithstanding, an encumbered position shall
be deemed to have retained for all purposes the former group and level. In
respect to the pay of the incumbent, this may be cited as Salary Protection
Status and subject to Section (c)(ii) below shall apply until the position is
vacated or the attainable maximum of the reclassified level, as revised from
time to time, becomes greater than that applicable, as revised from time to
time, to the former classification level.
(c)
(i) The Employer will make a reasonable effort to transfer the incumbent to
a position having a level equivalent to that of the former group and/or level
of the position.
(ii) In the event that an incumbent declines an offer of transfer to a
position as in (i) above in the same geographic area, without good and
sufficient reason, that incumbent shall be immediately paid at the rate of pay
for the reclassified position.
54.14 Pay Increments
(a) Except as provided in sub-clause 54.14(b) an employee's salary shall be
increased by a pay increment on completion of the pay increment period specified
in Appendix "B".
(b) The Employer may deny a pay increment to an employee if it is satisfied
the employee is not performing the duties of his/her position satisfactorily.
Where the Employer intends to deny a pay increment from an employee it shall, at
least two (2) weeks but not more than six (6) weeks before the due date for the
pay increment to the employee, give the employee, in writing the reason for the
denial.
(c) Where the Employer has denied an increment it may grant the increment on
any Monday prior to the expiry of the increment period following and the
employee shall retain his/her increment date. The Employer shall review the
employee's performance three (3) months after the date of denial and decide
whether or not the employee's increment should be granted.
(d) The pay increment date of an employee who has an established quarterly
increment date shall be the Monday nearest to that quarterly increment date.
(e) The pay increment date of an employee who is appointed in accordance with
sub-clause 54.03(a), 54.04, 54.05(b) or 54.05(c) shall be the first Monday
following completion of his/her pay increment period specified in Appendix
"B".
(f) The increment of an employee appointed in accordance with clause 54.05(a)
or 54.06 will become due at the end of the increment period specified in
Appendix "B" calculated from the date from which his/her increment
period would have been calculated in his/her former classification level.
(g) This clause does not apply to an employee who is on leave without pay
except when the leave without pay is for a period of three (3) months or less or
is on leave of absence for military leave, education leave or on election to a
full-time municipal office or on leave as per Article 16.
54.15 Implementation of a New Classification Standard
If, during the term of this Agreement, the Employer establishes and
implements a new classification standard, the Employer, following consultation
with the Local may apply rates of pay to the classification levels of the
standard. If the Local does not agree to the rates as final rates, they shall be
considered temporary rates and the Employer will negotiate the rates of pay with
the Local. The rates of pay finally agreed will be effective retroactively to
the date the temporary rates of pay were applied by the Employer.
54.16 Payment Following Death of Employee
When an employee dies the Employer shall pay to the estate of that employee
the amount of pay the employee would have received but for his/her death for the
period from the date of the employee's death to the end of the month in which
the employee's death occurred.
54.17
(a) The Employer will endeavour to make cash payments for overtime premium
and shift differential within four (4) weeks following the end of the calendar
month in which they are earned.
(b) The Employer will endeavour to make cash payments in settlement of travel
claims within six (6) weeks of the submission of the claim by the employee.
54.18 When an employee, through no fault of his/her own, has
been overpaid, the paying office will, before recovery action is implemented,
advise the employee of the intention to recover the overpayment. Where the
amount of overpayment is in excess of fifty dollars ($50), and where the
employee advises his/her Local Management that the stated recovery action will
create a hardship, arrangements will be made by the Department with the paying
office to limit recovery action to not more than 10% of the employee's pay each
period until the entire amount is recovered.
Note: Public Service
For the purpose of this Article, "Public Service" means that part
in respect of which Her Majesty as represented by the Treasury Board is the
Employer.
55.01 Except as otherwise provided in Articles 12, 15, 22,
26, 28, 30 and Appendix "B" (Check-off, Time Off for Local Business,
Severance Pay, Designated Holidays, Call-Back, Shift and Weekend Premiums and
Pay Rates), the terms and conditions of employment for seasonal employees are
not altered by this Agreement.
56.01 Qualified personnel performing assigned diving duties
shall be paid an extra allowance of twelve dollars and fifty cents ($12.50) per
hour. The minimum allowance shall be for two (2) hours per dive.
A dive is the total of any period or periods of time during any eight (8)
hour period in which an employee carries out required underwater work with the
aid of self-contained air supply.
57.01 If, during the life of this agreement it becomes
likely that an employee's services will no longer be required, the Employer
agrees to give as much advance notice as is practicable but not less than three
(3) months' notice to the Union and agrees to meet with the union within thirty
(30) days of a written request by the union to do so, to discuss the matter
fully and, if necessary to ensure that all steps including those provided by the
Employer's manpower adjustment procedures have been fully utilized.
58.01 Definition
Part-time employee means an employee whose normal scheduled hours of work on
average are less than thirty-seven decimal five (37.5) hours per week.
General
58.02 Part-time employees shall be entitled to the benefits
provided under this Agreement in the same proportion as their normal scheduled
weekly hours of work compare with the normal weekly hours of work of full-time
employees unless otherwise specified in this Agreement.
58.03 Notwithstanding clause 58.02, there shall be no
prorating of a "day" under clause 18.02, Bereavement Leave With Pay.
58.04 Part-time employees shall be paid at the hourly rate
of pay for all work performed up to seven decimal five (7.5) hours in a day or
thirty-seven decimal five (37.5) hours in a week.
58.05 The days of rest provisions of this Agreement apply
only in a week when a part-time employee has worked five (5) days and a minimum
of thirty-seven decimal five (37.5) hours in a week at the hourly rate of pay.
58.06 Part-time employees shall receive in lieu of
designated holidays a premium of four point two five per cent (4.25%) for all
straight-time hours worked during the period of part-time employment.
59.01 This Agreement may be amended by mutual consent.
60.01 Unless otherwise expressly stipulated, the provisions
of this Agreement shall become effective on the date it is signed.
**
60.02 This Agreement shall expire on August 31, 2007.
**
60.03 The provisions of this Agreement shall be implemented
by the parties within a period of one hundred and fifty (150) days from the date
of signing.
SIGNED AT OTTAWA, this 22th day of the month of December
2005.
THE TREASURY BOARD
OF
CANADA |
|
LOCAL 2228 OF THE
INTERNATIONAL
BROTHERHOOD OF
ELECTRICAL WORKERS |
THE TREASURY BOARD
OF
CANADA |
|
LOCAL 2228 OF THE
INTERNATIONAL
BROTHERHOOD OF
ELECTRICAL WORKERS |
|