The following Memoranda of Understanding shall be effective on the date of
signature and shall expire on August 31, 2007.
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 |
1-07 Level Examinations/Transport Canada/Fisheries and Oceans Canada
2-07 Work Sites/Egress Difficulties
3-07 Isolated Areas/Environment Allowance
4-07 Isolated Posts/Length of Assignment
5-07 Isolated Posts/Hours of Work
6-07 Shipping/Private Automobile
7-07 Vehicle/Liability
8-07 Development of Employees and Examiner Premium (DEEP)
9-07 Punch Clocks
10-07 Professional Development
11-07 Department of National Defence/Battery Testing
12-07 Electronic Systems Instructors Orientation
13-07 Shipboard Assignment/Rotation
14-07 New Employees/Shop Steward
15-07 Leave for Union Business
16-07 Foreign Affairs/Mail Service
1-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Level Examinations/Transport Canada/Fisheries and Oceans
Canada
This will confirm the understanding reached in negotiations re the above.
Level examinations in Transport Canada and Fisheries and Oceans Canada will
no longer be mandatory. A moratorium will be applied to such examinations until
such time as their status has been determined following discussions in the joint
committee provided for in Article 43.
2-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Work Sites/Egress Difficulties
This will confirm the understanding reached between the parties during
negotiations of the collective agreement applying to employees in the
Electronics Group.
It is recognized that at some isolated and remote work sites a variety of
conditions can make egress so difficult that an employee cannot leave the site
at the completion of his/her assigned work. Such sites frequently are stocked
with emergency food supplies and provision may be made for the employee to sleep
overnight. Typical of such sites are certain mountain-top VOR sites, some
lighthouse sites and remote sites in arctic regions.
When, as a result of conditions beyond the employee's control, the employee
must remain at such a site, he/she will be given equivalent time off for the
period he/she is required to remain at the site in an unproductive state beyond
his/her normal hours of work. When work assignments are authorized normal
overtime conditions will prevail during this period. Examples of sites that are
recognized as meeting these requirements are: Whitehorse VOR, Enderby VOR,
Landsdowne and Attawapiskat. During the term of this Agreement, it shall be open
to the parties to apply the intent of this memorandum to other sites in specific
cases by means of consultation between the parties.
The same provisions shall also apply to an employee assigned to perform a
specific duty or duties on board a ship with no expectation of sailing with that
ship but the ship sails before the employee completes his/her assignment and the
employee is prevented from leaving that ship.
In addition, the same provisions shall apply to an employee assigned to
perform duties on a Mobile Offshore Drilling Unit (MODU), when, following
completion of his/her assignment, the employee is unable to depart as scheduled
due to conditions outside of his/her control.
Every reasonable effort will be made to grant equivalent time off at a
mutually acceptable time but if at the end of a fiscal year any time off still
remains due to the employee, it shall be liquidated by the Employer by payment
at the employee's straight-time hourly rate.
3-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Isolated Areas/Environment Allowance
This memorandum applies only to those Electronic Technicians previously
covered by the Field Survey Allowance, T.B. 607764 of May 2, 1963.
The Employer recognizes that the payment of an Environment Allowance within
the provisions of the Isolated Posts Directive is more appropriate for employees
proceeding into isolated areas for temporary periods than the Field Survey
Allowance.
Accordingly, the Employer discontinued the Field Survey Allowance effective March 31, 1972. Effective April 1,
1972, the Employer provided a per diem Environment Allowance determined by the utilization of the same criteria used to
establish the "Classification of Posts for the Environment Allowance" and the rates for single personnel
established in respect of such Environment Allowance.
The Environment Allowance will not be paid where an employee is in receipt of
any allowance under the Relocation Policy, Sea Duty Allowance provided in the
Electronics Group Collective Agreement, or any allowance associated with the
former Field Survey Allowance.
To be eligible for this new Environment Allowance, the employee's temporary
period in isolation must be for a period of thirty (30) consecutive calendar
days or more.
4-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Isolated Posts/Length of Assignment
This is to advise you of an understanding reached during the negotiation of
the collective agreement between the Treasury Board as Employer and the
International Brotherhood of Electrical Workers bargaining on behalf of the
Electronics Group.
It was agreed that, operational requirements permitting, the attached
guidelines will continue to be implemented relative to the future assignment of
employees in the Electronics Group to isolated posts.
ISOLATED POSTS
Guidelines for assignments to isolated posts in the 1 and 2 categories as
listed in "Schedule A - Classification of Isolated Posts" in the
Isolated Posts Directive.
Single Employee
Maximum Posting - One (1) year with a minimum of two (2)
years following completion of such an assignment before re-assignment to a post
in the same category.
Married - Accompanied by Family
Maximum Posting - Two (2) years with a minimum of three (3)
years following completion of such an assignment before re-assignment to a post
in the same category.
Married - Unaccompanied by Family
Maximum Posting - Six (6) months with a minimum of two (2)
years following completion of such an assignment before re-assignment to a post
in the same category.
Employees may request, in writing, an extension of the limits of the time
spent at isolated posts categories 1 and 2 with the understanding that it is not
normally the policy of the Employer to assign such employees for more than four
(4) consecutive years to isolated posts categories 1 and 2.
Where an employee is on temporary assignment to an isolated post level 1 or 2
for periods in excess of two (2) months, those periods shall be credited to the
employee and count towards satisfying the maximum requirements listed above.
5-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Isolated Posts/Hours of Work
This is to confirm the understanding reached in negotiations on behalf of the
Electronics Group with respect to excess hours at Isolated Posts, on board ship
or on field projects.
It is agreed that when an employee is assigned to an isolated post, on board
ship or a field project where the regularly scheduled hours of work are in
excess of normal hours of work, such hours of work shall not be reduced during
the life of this Agreement.
If the Employer contemplates any reduction in such hours, it will notify the
Union and, if requested by the Union within thirty (30) days of such notice
shall within thirty (30) days of the receipt of the request provide the Union
with an opportunity to consult on the proposed changes at the Regional
Headquarters of the area involved.
Changes may be implemented within ninety (90) days after notice has been
given to the Union providing thirty (30) days' notice has been given to the
employees concerned.
The elimination from the schedule of hours in addition to those specified in
paragraph 2 which were made necessary by a seasonal requirement shall not
constitute a reduction of hours for the purpose of this memorandum.
6-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Shipping/Private Automobile
This will confirm the understanding reached during negotiations regarding the
shipment of the private automobile of an employee who is transferred and who
elects to use alternate means of transportation. The employee (excluding one
covered by Foreign Service Directives) will be allowed to include in his/her
household effects one private car.
7-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Vehicle/Liability
This will confirm that the Employer will, subject to this memorandum, waive
its claim against any employee in the bargaining unit for reimbursement of
damages paid by it to a third party for bodily injury, death or property damage
caused by an accident involving a motor vehicle owned or rented by the Employer
and driven by the employee in the normal course of performing his/her duties.
The Employer agrees to indemnify an employee in the bargaining unit against
any liability imposed upon him/her by a court of competent jurisdiction to pay
any damages arising from bodily injury, death or property damage suffered by a
third party and caused by an accident which occurs while the employee is driving
a motor vehicle owned or rented by the Employer while in the normal course of
performing his/her duties. No employee in the bargaining unit will be eligible
for such indemnification unless he/she has, prior to the occurrence of such an
accident, executed and delivered to the Employer an instrument in writing in a
form acceptable to the Employer having the following effect:
1. constituting and appointing the Employer as irrevocable attorney to appear
and defend in any court of competent jurisdiction in which an action is brought
against him/her claiming damages allegedly arising out of such an accident,
and
2. authorizing the Employer to conduct all negotiations in respect of such
damages and to effect any settlement relating to the payment thereof.
None of the undertakings described in this memorandum will apply where the
accident occurred while the employee was driving a vehicle owned or rented by
the Employer outside the scope of his/her employment.
8-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Development of Employees and Examiner Premium (DEEP)
An employee at the EL-3 level and above of the Ministry of Transport Facility
Engineering and Systems Development Branch who, in accordance with the current
Ministry of Transport Facility Engineering and Systems Development Branch
Standards and Procedures 1-1 ELCERT-1-1 Certification Program, is qualified and
is required by the Employer
(a) to assess the technical proficiency of employees seeking system or
equipment certification authority by acting as Proficiency Examiner,
and/or
(b) to provide development of employees in the achievement of stated Position
Technical Qualification Requirements.
shall be entitled to receive an annual premium of seven hundred and eighty
dollars ($780) which shall be paid on a monthly basis in the amount of
sixty-five dollars ($65) per month for each month in which the employee has
earned at least ten (10) days' pay commencing with the month in which the
employee becomes qualified to perform such activity.
The Ministry of Transport Facility Engineering and Systems Development Branch
Standards and Procedures 1-1 ELCERT-1-1 Certification Program do not form part
of this Collective Agreement.
9-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Punch Clocks
This letter will confirm an understanding reached with the International
Brotherhood of Electrical Workers during the recently concluded negotiations. It
was agreed that members of the Electronics Bargaining Unit would not be required
to register attendance by means of a punch clock.
10-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Professional Development
The purpose of this memorandum is to confirm the understanding reached in
negotiations between the parties with respect to working together to study the
feasibility of implementing a Professional Development Program for members of
Local 2228 working within various departments of the federal Public Service.
The goal of the parties would be the establishment of developmental and
progression programs for the purpose of further enhancing the skills, knowledge,
abilities, competencies and qualifications of electronic
technologists/technicians.
The Program would recognise both departmental and employee objectives and
interests related to employee training and skills.
11-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Department of National Defence/Battery Testing
This is to confirm the understanding reached in negotiations on behalf of the
Electronics Group in respect to the application of clause 23.14 at certain
Department of National Defence establishments.
It is understood that at certain Department of National Defence
establishments, component and battery testing will require the application of
the above clause when the military specifications call for a test of over seven
hundred and twenty (720) hours. However, the Employer is to be held blameless
should the components or batteries being tested fail thereby shortening the test
to less than thirty (30) days.
12-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Electronics Systems Instructors Orientation
This will confirm the understanding reached in negotiations in respect to the
Electronic Systems Instructors employed at the Nav Canada Training Institute
(Cornwall, Ontario) and at the Canadian Coast Guard College at Sydney (Sydney,
Nova Scotia).
The parties agree to the principle that an Electronic Systems Instructor be
relatively familiar with the operational environment and current field
maintenance methods, practices and procedures.
In this respect, the Employer agrees to:
1. Provide orientation to new instructors of non-DFO background in DFO
organizational structures, organizational objectives and relevant
administration, documentation and procedures.
2. Allow an instructor to gain or re-gain appreciation of the operational
environment and the applicable current field maintenance methods, practices and
procedures, by providing the opportunity to visit field facilities away from the
institute for a total of 5 days in any 3-year period.
13-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Shipboard Assignment/Rotation
This is to confirm the understanding reached in negotiations with respect to
ship board assignment during Arctic and other ice-breaking voyages.
To ensure a consistent approach to extended tours of duty and to reduce
possible adverse effects on employees while ensuring that operational needs are
met, the following guidelines have been issued to managers:
1. The replacement of Technicians should occur coincident with the planned
replacement of the ship's crew. Crew changes are scheduled prior to Arctic
operations at roughly the mid-point of the voyages. Crew changes may occur after
six (6) weeks, but are not likely to be later than eight (8) weeks after the
beginning of the assignment. If operationally feasible, a T&E manager may
effect the replacement of a Technician during the helicopter's crew change.
2. A Technician should not leave his/her assigned duty on board a specific
ship until his/her replacement is on board and briefed.
3. Employees should be advised that because of operational requirements and
weather conditions, the intended crew change at the mid-point of the voyage may
vary, but such occurrences would be exceptional.
4. Technicians who wish to extend their period of assignment aboard ship to
the next foreseen change date or to the termination of the voyage should make a
written request to the Supervisor through normal channels. This request should
be made prior to departure or be received by the supervisor at least 15 days
prior to the scheduled change, in order to avoid any inconvenience to
replacement Technicians.
5. Situations where the rotation after eight (8) weeks has not been effected,
together with the surrounding circumstances should be recorded for use in
possible future surveys.
These guidelines are not intended to deny any of the benefits accruing to the
Electronic Technicians under their collective agreement.
14-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: New Employees/Shop Steward
This memorandum refers to discussions that the parties had with respect to
information meetings between a shop steward and new employees.
It is agreed that when there is a regional orientation program for new
employees who will be initially assigned to a remote area which does not have a
union representative, an opportunity will be provided for a shop steward to meet
such new employees during the orientation program. The scheduling and duration
of such a meeting shall be as determined by the Employer.
15-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Leave for Union Business
This is to confirm the arrangement for time off required by Local 2228
members, granted under clause 15.04, 15.05, 15.07 and/or 15.08 of the
Electronics Group Agreement.
The arrangement for leave without pay granted under clauses 15.04, 15.05,
15.07 and/or 15.08 is that this leave will be paid for by the Employer, pursuant
to this Memorandum of Understanding. The Bargaining Agent shall then compensate
the Employer by remitting an amount equivalent to the actual gross salary paid
for each person-day, in addition to which shall also be paid the Employer by the
Bargaining Agent an amount equal to 15.5% of the actual gross salary paid for
each person-day, which represents the Employer's contribution to Superannuation,
Canada Pension Plan, Employment Insurance, Medicare and such other benefits
accrued to employees by virtue of their working.
As soon as possible after the signing date of the new Collective Agreement,
the Employer will invoice the Bargaining Agent for the amount owed the Employer
by virtue of this understanding. The amount of the gross salaries and the number
of days involved for each employee will be included in the statement; the
calculation of the 15.5% as above will also be figured in the said statement.
The Bargaining Agent agrees to compensate the Employer for the full amount of
the invoice within ninety (90) days of the date of the invoice.
16-07
MEMORANDUM OF UNDERSTANDING
SUBJECT: Foreign Affairs/Mail Service
This is to confirm the understanding reached in negotiations on behalf of the
Electronics Group with respect to the balloting of employees in the Department
of Foreign Affairs and International Trade and to the use of that Department's
mail services in certain circumstances.
When agreement on all terms and conditions of employment has been reached as
a result of the current negotiations between the Treasury Board and Local 2228
of the International Brotherhood of Electrical Workers, the latter will provide
to the Department of Foreign Affairs and International Trade a draft of a
telegram summarizing the terms of the agreement. The telegram (which is not to
exceed 750 words) will be transmitted to posts at which technicians are
stationed. The telegram will be sent "unclassified-routing" with the
comment by the Department of Foreign Affairs and International Trade that
communicators at posts are to work no overtime in handling the telegram. The
Department of Foreign Affairs and International Trade will also authorize heads
of post to report by telegram to the Department the results of the balloting.
Copies of these incoming telegrams will be made available to a representative
appointed by the Union.
The Department of Foreign Affairs and International Trade will provide the
use of its diplomatic mail services to posts abroad having special mailing
privileges to assist the Union in conducting union elections and referenda.
Posts abroad having special privileges are defined in the Department of Foreign
Affairs and International Trade Manual of Procedures. They are posts at which
local mailing service is considered to be inadequate or insecure. The Employer
agrees to this arrangement on the understanding that each Union election ballot
kit will weigh no more than three (3) ounces.
The Union is expected to make separate arrangements for mailing ballot kits
and referenda ballots to posts where mailing services are considered
satisfactory by the Employer.
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