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ARTICLE 14
LEAVE - GENERAL

14.01 When the employment of an employee who has been granted more vacation or sick leave with pay than he has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him.

14.02 When the employment of an employee who has been granted more vacation or sick leave with pay than he has earned is terminated by lay-off, he is considered to have earned the amount of leave with pay granted to him if, at the time of his lay-off, he has completed two (2) or more years of continuous employment.

14.03 An employee is entitled to be informed, upon request to his supervisor, and not more than two (2) times per year, of the balance of his vacation or sick leave credits.

14.04 The amount of vacation leave and sick leave earned by an employee at the time when this Agreement is signed, or at the time when he becomes subject to this Agreement, shall be retained by the employee.

14.05 An employee is not entitled to leave with pay during periods he is on leave of absence without pay or under suspension.

14.06 An employee shall not be granted two (2) different types of leave with pay during any one period, or monetary remuneration in lieu of leave with respect of that period.

14.07 Except as otherwise specified in this collective agreement, where leave without pay for a period in excess of three (3) consecutive months is granted under Article 13 of this collective agreement to an employee for reasons other than illness, the total period of leave granted shall be deducted from the calculation of the employee's period of continuous employment for the purpose of calculating severance pay and of service for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes.

14.08 When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to seven and one-half (7 1/2) hours.

14.09 Leave credits will be earned on a basis of a day being equal to seven and one-half (7 1/2) hours, except for Bereavement Leave With Pay.

14.10 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for Bereavement Leave With Pay.

ARTICLE 15
SEVERANCE PAY

15.01 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.

15.02 In the case of an employee who is laid off for the first (1st) time, the amount of severance pay shall be two (2) weeks' pay for the first (1st) and one (1) week's pay for each succeeding complete year of continuous employment less any period of employment in respect of which he was granted a termination of employment benefit, but the total amount of severance pay which may be paid under this clause shall not exceed twenty-eight (28) weeks' pay.

15.03 In the case of an employee who is laid off for a second (2nd) or subsequent time, the amount of severance pay shall be one (1) week's pay for each completed year of continuous employment less any period of employment in respect of which he was granted a termination of employment benefit, but the total amount of severance pay which may be paid under this clause shall not exceed twenty-seven (27) weeks' pay.

15.04 Resignation

Subject to clause 15.05, 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 weekly rate of pay on resignation by the number of completed years of his continuous employment to a maximum of thirteen (13) weeks' pay less any period of employment in respect of which he was granted a termination of employment benefit.

15.05 Retirement

On termination of employment an employee who is entitled to an immediate annuity, or is entitled to an immediate annual allowance, under the Public Service Superannuation Act, shall be paid severance pay equal to the product obtained by multiplying his weekly rate of pay on termination of employment by the number of completed years of his continuous employment to a maximum of thirty (30), less any period in respect of which he was granted a termination of employment benefit.

15.06 The rate of pay referred to in the above clauses shall be the rate of pay to which the employee is entitled for the classification prescribed in his certificate of appointment on the date of termination.

15.07 If an employee dies, there shall be paid to his estate an amount determined in accordance with clause 15.05 regardless of any other benefit payable.

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15.08 Release for 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 termination for cause for reasons of incapacity pursuant to 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 termination for cause for reasons of incompetence pursuant to Section 12(1)(d) 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.

ARTICLE 16
HOURS OF WORK AND OVERTIME

16.01 Regular weekly hours for all employees shall be thirty-seven and one-half (37 1/2), to be worked in five (5) regular shifts of seven and one-half (7 1/2) hours.

16.02

(i) Notwithstanding the provisions of clause 16.01, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven and one-half (37 1/2) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight-day (28) period such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for the employee.

(ii) Notwithstanding the provisions of clause 16.01, it may be operationally advantageous to implement work schedules for employees that differ from those specified in clause 16.01. Any special arrangement may be at the request of either party and must be mutually agreed between the Employer and the majority of employees affected.

(iii) Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment 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.

Overtime

16.03 Subject to the operational requirements of the service as determined by the Employer, the Employer shall make every reasonable effort to allocate overtime work on an equitable basis among readily available qualified employees, and to give adequate notice to employees who are required to work overtime. Provided there is another qualified employee readily available to carry out the assignment, the Employer will not unreasonably withhold the granting of employee requests to be excused from working overtime.

16.04 All time worked each day, either before or after the regular starting or quitting time in each shift, shall be considered as overtime, and will be paid at the rate of time and one-half (1 1/2) for the first three (3) hours of overtime worked in each day and at the rate of double (2) time thereafter.

16.05

(a) All work performed during a weekend recess shall be paid for at the rate of double (2) time except as provided in 16.05(b). A weekend recess is defined as the forty-eight (48) consecutive hours commencing eight (8) hours after the termination of an employee's last regularly scheduled shift of the week. For the purpose of this clause:

(i) for an employee scheduled to work from Monday to Friday, a weekend recess shall commence between 3:00 p.m. Friday and 4:00 p.m. Saturday;

or

(ii) for an employee scheduled to work from Tuesday to Saturday a weekend recess shall commence between 3:00 p.m. Saturday to 4:00 p.m. Sunday.

(b) When an employee is moved from the night shift to the day shift and the new shift commences during the last twelve (12) hours of his weekend recess, the employee shall be paid at his regular straight-time rate and not at the rate of double (2) time for that shift.

(c) When an employee scheduled to work from Tuesday to Saturday is moved to a schedule of Monday to Friday, he shall be paid at his regular straight-time rate and not at the rate of double (2) time for that shift.

16.06 The Employer agrees to pay for a minimum of three (3) hours if an employee is called in, on his weekend recess or on a Holiday, unless the employee leaves earlier by mutual consent.

16.07 All work performed on a Holiday shall be paid for at the rate of double (2) time plus pay for the Holiday, where applicable.

16.08 Overtime pay shall be computed on the basis of the actual hourly rate of pay plus shift differential, where applicable, paid to each employee.

16.09 Overtime shall be compensated in cash, except where upon request of an employee and with the approval of the Employer, overtime shall be compensated by leave with pay. The duration of such leave shall be equal to the overtime worked multiplied by the applicable overtime rate. Payment of such leave shall be at the employee's straight-time rate of pay in effect on the day that such leave is taken.

(a) The Employer reserves the right to direct an employee to take accumulated compensatory leave but in so doing shall endeavour to grant such leave at such times as the employee may request.

(b) If any above leave with pay earned cannot be liquidated by the end of a twelve (12)-month period, to be determined by the Employer, then payment in cash will be made at the employee's then current rate of pay established for the classification level of his substantive position.

16.10 Meal Allowance

(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's scheduled hours of work shall be reimbursed for one (1) meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided for in (a), the employee shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50) for each additional four (4) hour period thereafter, except where free meals are provided.

(c) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.

(d) Meal allowances under this clause shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

ARTICLE 17
TRAVELLING

17.01 Where an employee is required by the Employer to travel outside of his Headquarters area and on government business as these expressions are normally defined by the Employer, and such travel is approved by the Employer, his method of travel shall be determined by the Employer, and he shall be compensated in the following manner:

(a) on a normal working day on which he travels but does not work, the employee shall receive his regular pay for the day;

(b) on a normal working day on which he travels and works, the employee shall be paid:

(i) his regular pay for the day for a combined period of travel and work not exceeding his normal work day of seven and one-half (7 1/2) hours or seven (7) hours, as applicable,

and

(ii) at the applicable overtime rate for additional travel time in excess of seven and one-half (7 1/2) hours or seven (7)-hour period, as applicable, of work and travel, with a maximum payment for such additional travel time not to exceed seven and one-half (7 1/2) or seven (7) hours' pay as applicable, at the straight-time rate in any day;

(c) on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travel led to a maximum of seven and one-half (7 1/2) or seven (7) hours' pay at the straight-time rate, as applicable.

17.02 Clause 17.01 above does not apply to an employee performing work in any type of transport in which he is travelling. In such circumstances, the employee shall receive the greater of:

(a) on a normal working day, his regular pay for the day,

or

**

(b) pay for actual hours worked in accordance with Article 16 and Appendices "A", "B", "C", "D" and "E" of this Agreement.

17.03 An employee, regularly employed in one plant, who is required to travel to and work in another plant within the same headquarters area during his regular hours or immediately after, shall have normal travelling time to such other plant paid for at the applicable rate.

ARTICLE 18
CALL-BACK PAY

18.01 When an employee is recalled to work overtime that has not been scheduled in advance, he is entitled to either:

(a) a minimum of three (3) hours at time and one-half (1 1/2) for work starting before 10:00 p.m.,

or

(b) a minimum of two (2) hours at double (2) time for work performed between 10:00 p.m. and 6:00 a.m.,

provided that the period of overtime worked by the employee is not contiguous to his scheduled shift and that the minimum shall apply only the first (1st) time that an employee reports for work during a period of eight (8) hours commencing with the first call-back.

ARTICLE 19
REPORTING PAY

19.01 If an employee reports for work on his regular shift without previous notice that work is not available, he shall be entitled to a full day's pay at his regular basic rate, unless that period is reduced because of an employee's own lateness or voluntary leaving before the end of the shift. This clause would not apply where the employee fails to receive notification not to report for work through absence from his home or because of other circumstances beyond the control of the Employer.

ARTICLE 20
DEDUCTIONS FOR LATE ARRIVAL

20.01 In cases where an employee reports late for work, only the time actually lost by the employee himself may be deducted.

ARTICLE 21
DAY AND NIGHT SHIFTS

21.01 A night shift is one in which four (4) or more regularly scheduled hours fall between 18:00 and 7:00 of the following morning. All other shifts are day shifts.

21.02 An employee whose scheduled regular shift is changed without seventy-two (72) hours prior notice shall be paid at the rate of time and one-half (1 1/2) for the first (1st) full shift worked on the new schedule. Subsequent shifts worked on the new schedule shall be paid for at straight time.

Night Shift Differential

21.03 An employee working on a scheduled night shift shall be paid a premium of two dollars ($2.00) per hour, except for those employees in the Offset Preparation and Production Sub-Groups covered by Letter of Understanding 1981-1.

ARTICLE 22
PIECE WORK

22.01 It is agreed by the Employer that no piece work shall be inaugurated in relation to any employees covered by this Agreement.

ARTICLE 23
PAY ADMINISTRATION

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23.01 Entitlement to Pay

An employee is entitled to be paid for services rendered at the rate of pay specified in Appendices "A", "B", "C", "D" and "E", as applicable, for the classification at which he is appointed in his certificate of appointment.

**

23.02 Rates of Pay and Effective Date

The rates of pay in Appendices "A", "B", "C", "D" and "E" shall be effective on the dates specified therein.

23.03 Acting Pay

(a) If an employee is employed for a period of at least three (3) hours on duties which have a higher classification than the classification to which he has been appointed, he shall be paid acting pay for the higher classification from the beginning of the period during which he assumed the higher duties.

(b) When an employee is required by the Employer to perform the duties of a higher level classification outside of the bargaining unit for the qualifying period specified in the collective agreement applicable to that higher classification, the employee shall be paid acting pay for the higher classification from the beginning of the period during which he assumed the higher duties.

23.04 Payment Following Death of Employee

When an employee dies the Employer shall pay to the estate of that employee the amount of pay for any regularly scheduled work time he would have been entitled to receive but for his death had he worked for the period from the date of his death to the end of the month in which his death occurred.

**

23.05 Retroactive Pay Increase

(a) The rates of pay set forth in Appendices "A", "B", "C", "D" and "E" shall become effective on the dates specified.

(b) Where the rates of pay set forth in Appendices "A", "B", "C", "D" and "E" have an effective date prior to the date of signing of this Agreement, the following shall apply:

(i) "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefor;

(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the bargaining unit during the retroactive period;

(iii) for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is immediately shown below the rate of pay being received prior to the revision;

(iv) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay immediately shown below the rate of pay being received prior to the revision;

(v) no payment or no notification shall be made pursuant to paragraph 23.05(b) for one dollar ($1.00) or less.

23.06

(a) An employee classified as lead-hand level "A" shall receive a differential of ninety cents (90¢) above his basic hourly wage rate.

(b) An employee classified as remote level "B" shall receive a differential of one dollar and ten cents ($1.10) above his basic hourly wage rate.

(c) An employee classified at supervisory level "C" shall receive a differential of one dollar and twenty-five cents ($1.25) above either his basic hourly wage rate, or the basic hourly wage rate of the highest paid tradesperson reporting to him, whichever is greater.

23.07 An employee who is scheduled to work Tuesday to Saturday shall receive a premium of fifty-five cents (55¢) per hour for all regularly scheduled hours worked at straight-time rates between 8:00 a.m. Saturday and 8:00 a.m. Sunday.

 

 
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