Agreement between the Treasury Board and The Federal Government Dockyard Chargehands Association
Group: Ship Repair
(All Chargehand and Production Supervisor Employees Located on the East Coast)
CODE: 663
Expiry Date: 31 March 2008
PART
I - GENERAL
1.01 The purpose of this Agreement is to maintain harmonious
relationships between the Employer, the Association and the employees and to set
forth herein the terms and conditions of employment upon which agreement has
been reached through collective bargaining.
2.01 For the purpose of this Agreement,
(a) "Association" means the Federal Government
Dockyard Chargehands Association (« Association »);
(b) "bargaining unit" means all chargehand, and
production supervisor employees of the Employer in the Ship Repair Group of the
Operational Category located on the east coast as described in the certificate
issued by the Public Service Labour Relations Board on May 20th, 1999
(« unité de négociation »);
(c) "common-law partner" in relation to an
individual, means a person who is cohabiting with the individual in a conjugal
relationship, having so cohabited for a period of at least one year (« conjoint
de fait »);
(d) "continuous employment" has the same meaning
as specified in the Public Service Terms and Conditions of Employment
Regulations (« emploi continu »);
(e) "daily rate of pay" means an employee's weekly
rate of pay divided by five (5) (« taux de rémunération journalier »);
(f) "day" (« journée ») means a twenty-four
(24)-hour period:
(i) commencing at 23:45 and ending at 23:45 the following day for employees
subject to clause 6.02(a),
(ii) commencing at 00:00 and ending at 24:00 for employees subject to clause
6.02(b), and
(iii) commencing at 00:15 and ending at 00:15 hours the following day for
employees subject to clause 6.02(c);
(g) "double time" means two (2) times the
straight-time rate (« tarif double »);
(h) "employee" means an employee as defined in the
Public Service Labour Relations Act and who is a member of the Ship Repair
Chargehands bargaining unit (« employé »);
(i) "Employer", except as specifically provided in
clause 14.01, means Her Majesty in right of Canada as represented by the
Treasury Board, and includes any person authorized to exercise the authority of
the Treasury Board (« Employeur »);
(j) "harbour limits" means an East-West line of
063 degrees (true) from York Redoubt through Maughers Beach on McNabbs Island. The area north of this line constitutes the
Halifax
harbour area and includes
Bedford
Basin
(« limites du port »);
(k) "holiday pay" means eight (8) hours' pay (« rémunération
de jour férié »);
(l) "hourly rate of pay" means the employee's
weekly rate of pay divided by forty (40) (« taux de rémunération horaire »);
(m) "lay-off" means an employee whose employment
has been terminated because of lack of work or because of the discontinuance of
a function (« personne licenciée »);
(n) "leave" means authorized absence from duty by
an employee during the employee's regular or normal hours of work (« congé »);
(o) "overtime" means time worked by an employee
outside of the employee's regularly scheduled hours (« travail supplémentaire
»);
(p) "pay" means basic rates of pay as specified in
Appendix "A", and does not include shift premium (« rémunération »);
(q) "sea trials" means trials conducted outside
the harbour limits (« essais en mer »);
(r) "straight-time rate" means the hourly rate of
pay (« taux des heures normales »);
(s) "triple time" means three (3) times the
straight-time rate (« tarif triple »);
(t) "weekly rate of pay" means an employee's
annual rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »).
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement,
(a) if defined in the Public Service Labour Relations Act, have the
same meaning as given to them in that Act;
(b) if defined in the Interpretation Act, but not defined in the
Public Service Labour Relations Act, have the same meaning as given to them
in the Interpretation Act.
3.01 If any law now in force or enacted during the term of
this Agreement renders null and void any provision of this Agreement, the
remaining provisions shall remain in effect for the term of the Agreement. The
parties shall thereupon seek to negotiate substitute provisions which are in
conformity with the applicable law.
**
3.02 In the event that there is a conflict between the
contents of this Agreement and any regulation except as provided under Section
113 of the Public Service Labour Relations Act, this Agreement shall
take precedence over the said regulation.
4.01 The provisions of this Agreement apply to the
Association, employees and the Employer.
4.02 Both the English and French texts of this Agreement
shall be official.
4.03 Unless otherwise expressly stipulated, the provisions
of this Agreement apply equally to male and female employees and words imparting
the masculine gender include the feminine gender.
5.01 The Association recognizes and acknowledges that the
Employer has and shall retain the exclusive right and responsibility to manage
its operation in all respects and it is expressly understood that all such
rights and responsibilities not specifically covered or modified by this
Agreement shall remain the exclusive rights and responsibilities of the
Employer.
Such rights will not be exercised in a manner inconsistent with the expressed
provisions of this Agreement.
5.02 This Article will not restrict the right of an employee
to submit a grievance in accordance with the Public Service Labour Relations
Act.
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