List of Changes to the Agreement
between the Treasury Board and Local 2228 of The International Brotherhood of
Electrical Workers
2.01
**
(c) "common law partner" means a person living in
a conjugal relationship with an employee for a continuous period of at least one
year (conjoint de fait);
**
(u) "spouse" means the person married to the
employee. "Spouse" will, when required, be interpreted to include
"common law partner" except, for the purposes of the Foreign Service
Directives, the definition of "spouse" will remain as specified in
Directive 2 of the Foreign Service Directives (époux);
**
9.01 Where there is a conflict between this Collective
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.
15.01 Public Service Labour Relations Board Hearings
**
(a) Complaints Made to the Public Service Labour Relations Board
Pursuant to Section 190(1) of the Public Service Labour Relations Act
Where operational requirements permit, in cases of complaints made to the
Public Service Labour Relations Boardpursuant to section 190(1) of the PSLRA
alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i),
186(2)(b), 187, 188(a) or 189(1), of the PSLRA, the Employer will grant leave
with pay:
(i) to an employee who makes a complaint on his/her own behalf,
and
(ii) to an employee who acts on behalf of an employee making a complaint,
or who acts on behalf of an employee organization making a complaint.
**
15.02 Arbitration Board and Public Interest Commission
(a) Where operational requirements permit, the Employer will grant leave with
pay to an employee representing the Local before an Arbitration Board or Public
Interest Commission.
(b) Employee Called as a Witness
The Employer will grant leave with pay to an employee called as a witness by
an Arbitration Board or Public Interest Commission and, where operational
requirements permit, leave with pay to an employee called as a witness by the
Local.
**
17.23 Notwithstanding clauses 17.14 and 17.15, an employee
who resigns to accept an appointment with an organization listed in Schedule V
of the Financial Administration Act may choose not to be paid for
unused vacation and furlough leave credits, provided that the appointing
organization will accept such credits.
**
17.24
(a) Employees shall be credited a one-time entitlement of thirty-seven
decimal five (37.5) hours of vacation leave with pay on the first (1st)
day of the month following the employee's second (2nd) anniversary of
service, as defined in clause 17.02(i).
(b) Transitional Provisions
Effective on October 6, 2005, employees with more than two (2) years of
service, as defined in clause 17.02(i), shall be credited a one-time entitlement
of thirty-seven decimal five (37.5) hours of vacation leave with pay.
(c) The vacation leave credits provided in clause 17.24(a) and (b) above
shall be excluded from the application of paragraph 17.08 dealing with the
Carry-over and/or Liquidation of Vacation Leave.
**
18.03 Maternity Leave without Pay
(a) An employee who becomes pregnant shall, upon request, be granted
maternity leave without pay for a period beginning before, on or after the
termination date of pregnancy and ending not later than eighteen (18) weeks
after the termination date of pregnancy.
(b) Notwithstanding paragraph (a):
(i) where the employee has not yet proceeded on maternity leave without pay
and her newborn child is hospitalized,
or
(ii) where the employee has proceeded on maternity leave without pay and
then returns to work for all or part of the period during which her newborn
child is hospitalized,
the period of maternity leave without pay defined in paragraph (a) may be
extended beyond the date falling eighteen (18) weeks after the date of
termination of pregnancy by a period equal to that portion of the period of
the child's hospitalization during which the employee was not on maternity
leave, to a maximum of eighteen (18) weeks.
(c) The extension described in paragraph (b) shall end not later than
fifty-two (52) weeks after the termination date of pregnancy.
(d) The Employer may require an employee to submit a medical certificate
certifying pregnancy.
(e) An employee who has not commenced maternity leave without pay may elect
to:
(i) use earned vacation and compensatory leave credits up to and beyond the
date that her pregnancy terminates;
(ii) use her sick leave credits up to and beyond the date that her
pregnancy terminates, subject to the provisions set out in Article 19 Sick
Leave. For purposes of this subparagraph, the terms "illness" or
"injury" used in Article 19 Sick Leave, shall include medical
disability related to pregnancy.
(f) An employee shall inform the Employer in writing of her plans for taking
leave with and without pay to cover her absence from work due to the pregnancy
at least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there
is a valid reason why the notice cannot be given.
(g) Leave granted under this clause shall be counted for the calculation of
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave shall be counted for pay increment purposes.
**
18.04 Maternity Allowance
(a) An employee who has been granted maternity leave without pay shall be
paid a maternity allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that
she:
(i) has completed six (6) months of continuous employment before the
commencement of her maternity leave without pay,
(ii) provides the Employer with proof that she has applied for and is in
receipt of maternity benefits under the Employment Insurance or Québec
Parental Insurance Plan in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) she will return to work on the expiry date of her maternity leave
without pay unless the return to work date is modified by the approval of
another form of leave;
(B) following her return to work, as described in section (A), she will
work for a period equal to the period she was in receipt of maternity
allowance;
(C) should she fail to return to work in accordance with section (A), or
should she return to work but fail to work for the total period specified in
section (B), for reasons other than death, lay-off, early termination due to
lack of work or discontinuance of a function of a specified period of
employment that would have been sufficient to meet the obligations specified
in section (B), or having become disabled as defined in the Public
Service Superannuation Act, she will be indebted to the Employer for an
amount determined as follows:
|
(allowance received)
|
X
|
(remaining period to be worked
following her return to work)
|
|
|
|
|
|
[total period to be worked
as specified in (B)]
|
however, an employee whose specified period of employment expired
and who is rehired in any portion of the Core Public Administration as
specified in the Public Service Labour Relations Act within a
period of ninety (90) days or less is not indebted for the amount if her new
period of employment is sufficient to meet the obligations specified in
section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Maternity allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance maternity benefits, ninety-three per
cent (93%) of her weekly rate of pay for each week of the waiting period, less
any other monies earned during this period,
(ii) for each week that the employee receives a maternity benefit under the
Employment Insurance or Québec Parental Insurance Plan, she is eligible to
receive the difference between ninety-three per cent (93%) of her weekly rate
of pay and the maternity benefit, less any other monies earned during this
period which may result in a decrease in her maternity benefit to which she
would have been eligible if no extra monies had been earned during this
period.
(d) At the employee's request, the payment referred to in subparagraph
18.04(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of Employment Insurance or Québec
Parental Insurance maternity benefits.
(e) The maternity allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that she may be required to repay pursuant to the Employment
Insurance Act or the Parental Insurance Act in Québec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity leave without pay,
(ii) for an employee who has been employed on a part-time or on a combined
full-time and part-time basis during the six (6) month period preceding the
commencement of maternity leave, the rate obtained by multiplying the weekly
rate of pay in subparagraph (i) by the fraction obtained by dividing the
employee's straight time earnings by the straight time earnings the employee
would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to
which the employee is entitled for her substantive level to which she is
appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on
the day immediately preceding the commencement of maternity leave without pay an
employee has been on an acting assignment for at least four (4) months, the
weekly rate shall be the rate she was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of the maternity allowance, the allowance shall be adjusted
accordingly.
(j) Maternity allowance payments made under the SUB Plan will neither reduce
nor increase an employee's deferred remuneration or severance pay.
**
18.05 Special Maternity Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
18.04(a)(ii) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance
portion of the Public Service Management Insurance Plan (PSMIP) or the Government
Employees Compensation Act prevents her from receiving Employment
Insurance or Québec Parental Insurance maternity benefits;
and
(ii) has satisfied all of the other eligibility criteria specified in
subparagraph 18.04(a), other than those specified in sections (A) and (B) of
subparagraph 18.04(a)(iii);
shall be paid, in respect of each week of maternity allowance not received
for the reason described in subparagraph 18.05(a)(i), the difference between
ninety-three per cent (93%) of her weekly rate of pay and the gross amount of
her weekly disability benefit under the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause
18.04 for a combined period of no more than the number of weeks during which she
would have been eligible for maternity benefits under the Employment Insurance
or Québec Parental Insurance Plan had she not been disqualified from Employment
Insurance or Québec Parental Insurance maternity benefits for the reasons
described in subparagraph 18.05(a)(i).
**
18.06 Parental Leave without Pay
(a) Where an employee has or will have the actual care and custody of a
new-born child (including the new-born child of a common-law partner), the
employee shall, upon request, be granted parental leave without pay for a single
period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week
period beginning on the day on which the child is born or the day on which the
child comes into the employee's care.
(b) Where an employee commences legal proceedings under the laws of a
province to adopt a child or obtains an order under the laws of a province for
the adoption of a child, the employee shall, upon request, be granted parental
leave without pay for a single period of up to thirty-seven (37) consecutive
weeks in the fifty-two week (52) period beginning on the day on which the child
comes into the employee's care.
(c) Notwithstanding paragraphs (a) and (b) above, at the request of an
employee and at the discretion of the Employer, the leave referred to in the
paragraphs (a) and (b) above may be taken in two periods.
(d) Notwithstanding paragraphs (a) and (b):
(i) where the employee's child is hospitalized within the period defined in
the above paragraphs, and the employee has not yet proceeded on parental leave
without pay,
or
(ii) where the employee has proceeded on parental leave without pay and
then returns to work for all or part of the period during which his or her
child is hospitalized,
the period of parental leave without pay specified in the original leave
request may be extended by a period equal to that portion of the period of the
child's hospitalization during which the employee was not on parental leave.
However, the extension shall end not later than one hundred and four (104)
weeks after the day on which the child comes into the employee's care.
(e) An employee who intends to request parental leave without pay shall
notify the Employer at least four (4) weeks in advance of the commencement date
of such leave.
(f) The Employer may:
(i) defer the commencement of parental leave without pay at the request of
the employee;
(ii) grant the employee parental leave without pay with less than four (4)
weeks' notice;
(iii) require an employee to submit a birth certificate or proof of
adoption of the child.
(g) Leave granted under this clause shall count for the calculation of
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave shall count for pay increment purposes.
**
18.07 Parental Allowance
(a) An employee who has been granted parental leave without pay, shall be
paid a parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he
or she:
(i) has completed six (6) months of continuous employment before the
commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is
in receipt of parental, paternity or adoption benefits under the Employment
Insurance or Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her
parental leave without pay, unless the return to work date is modified by
the approval of another form of leave;
(B) following his or her return to work, as described in section (A), the
employee will work for a period equal to the period the employee was in
receipt of the parental allowance, in addition to the period of time
referred to in section 18.04(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section
(A) or should he or she return to work but fail to work the total period
specified in section (B), for reasons other than death, lay-off, early
termination due to lack of work or discontinuance of a function of a
specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as defined
in the Public Service Superannuation Act, he or she will be
indebted to the Employer for an amount determined as follows:
|
(allowance received)
|
X
|
(remaining period to be worked
following his/her return to work)
|
|
|
|
|
|
[total period to be worked
as specified in (B)]
|
however, an employee whose specified period of employment expired
and who is rehired in any portion of the Core Public Administration as
specified in the Public Service Labour Relations Act within a
period of ninety (90) days or less is not indebted for the amount if his or
her new period of employment is sufficient to meet the obligations specified
in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with
pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan will
consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance parental benefits, ninety-three per cent
(93%) of his/her weekly rate of pay for each week of the waiting period, less
any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity
benefits under the Employment Insurance or the Québec Parental Insurance
Plan, he or she is eligible to receive the difference between ninety-three per
cent (93%) of his or her weekly rate of pay and the parental, adoption or
paternity benefit, less any other monies earned during this period which may
result in a decrease in his/her parental, adoption or paternity benefit to
which he or she would have been eligible if no extra monies had been earned
during this period;
(iii) where an employee has received the full eighteen (18) weeks of
maternity benefit and the full thirty-two (32) weeks of parental benefit under
the Québec Parental Insurance Plan and thereafter remains on parental leave
without pay, she is eligible to receive a further parental allowance for a
period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay
for each week, less any other monies earned during this period.
(d) At the employee's request, the payment referred to in subparagraph
18.07(c)(i) will be estimated and advanced to the employee. Adjustments will be
made once the employee provides proof of receipt of EI or QPIP parental
benefits.
(e) The parental allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that he or she may be required to repay pursuant to the Employment
Insurance Act or the Parental Insurance Act in Québec.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity or parental leave without
pay;
(ii) for an employee who has been employed on a part-time or on a combined
full-time and part-time basis during the six (6) month period preceding the
commencement of maternity or parental leave without pay, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction
obtained by dividing the employee's straight time earnings by the straight
time earnings the employee would have earned working full-time during such
period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to
which the employee is entitled for the substantive level to which she or he is
appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on
the day immediately preceding the commencement of parental leave without pay an
employee is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of parental allowance, the allowance shall be adjusted
accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce
nor increase an employee's deferred remuneration or severance pay.
(k) The maximum combined maternity and parental allowances payable under this
collective agreement shall not exceed fifty-two (52) weeks for each combined
maternity and parental leave without pay.
**
18.08 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph
18.07(a)(ii) solely because a concurrent entitlement to benefits under the
Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance
portion of the Public Service Management Insurance Plan (PSMIP) or via the Government
Employees Compensation Act prevents the employee from receiving
Employment Insurance or Québec Parental Insurance Plan benefits;
and
(ii) has satisfied all of the other eligibility criteria specified in
subparagraph 18.07(a), other than those specified in sections (A) and (B) of
subparagraph 18.07(a)(iii);
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in subparagraph 18.08(a)(i),
the difference between ninety-three per cent (93%) of the employee's rate of
pay and the gross amount of his or her weekly disability benefit under the DI
Plan, the LTD Plan or via the Government Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause
18.07 for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental, paternity or adoption benefits
under the Employment Insurance or Québec Parental Insurance Plan, had the
employee not been disqualified from Employment Insurance or Québec Parental
Insurance Plan benefits for the reasons described in subparagraph 18.08(a)(i).
18.09 Leave Without Pay for the Care of Immediate Family
**
(b) For the purpose of clause 18.09, family is defined as spouse, common-law
partner resident with the employee, children (including foster children or
children of spouse or common-law partner), parents (including stepparents or
foster parents) or any relative permanently residing in the employee's household
or with whom the employee permanently resides.
18.17 Personal Leave with Pay
**
(a) Subject to operational requirements as determined by the Employer and
with an advance notice of at least five (5) working days, the employee shall be
granted, in each fiscal year, a single period of seven decimal five (7.5) hours
of leave with pay for reasons of a personal nature.
18.18 Volunteer Leave with Pay
**
(a) Subject to operational requirements as determined by the Employer and
with an advance notice of at least five (5) working days, the employee shall be
granted, in each fiscal year, a single period of seven decimal five (7.5) hours
of leave with pay to work as a volunteer for a charitable or community
organization or activity, other than for activities related to the Government of
Canada Workplace Charitable Campaign.
**
18.20 Except as otherwise specified in this collective
agreement, periods of leave without pay in excess of three (3) months for
reasons other than illness shall not be counted as "continuous
employment" for the purpose of calculating severance pay nor as service for
the purpose of calculating vacation leave. Time spent on such leave shall not be
counted for pay increment purposes.
**
19.01 An employee shall earn sick leave credits at the rate
of nine decimal three seven five (9.375) hours for each calendar month for which
he/she receives pay for at least seventy-five (75) hours.
**
19.05 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provisions of clause 19.02,
sick leave with pay may, at the discretion of the Employer, be granted:
(a) for a period of up to one hundred and eighty-seven decimal five (187.5)
hours if the employee is awaiting a decision on an application for
injury-on-duty leave,
or
(b) for a period of up to one hundred and twelve decimal five (112.5) hours
if the employee has not submitted an application for injury-on-duty leave,
subject to the deduction of such advanced leave from any sick leave credits
subsequently earned.
**
19.07 The Employer agrees that an employee recommended for
termination from employment under Section 12(1)(e) of the Financial
Administration Act for incapacity by reason of ill-health shall not be
released at a date earlier than the date at which the employee could have
utilized his/her accumulated sick leave credits.
**
20.01 Agreements concluded by the National Joint Council of
the Public Service on items which may be included in a collective agreement, and
which the parties to this agreement have endorsed after December 6, 1978, will
form part of this collective agreement, subject to the Public Service Labour
Relations Act (PSLRA) and any legislation by Parliament that has been or
may be, as the case may be, established pursuant to any Act specified in Section
113(b) of the PSLRA.
**
20.03 The following directives, policies or regulations, as
amended from time to time by National Joint Council recommendation and which
have been approved by the Treasury Board of Canada, form part of this Collective
Agreement:
**
(8) NJC Integrated Relocation Directive;
Occupational Safety and Health
**
(20) Materials Handling Directive;
22.05 Termination for Cause for Reasons of 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 release for incapacity
pursuant to the provisions of 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 release for incompetence
pursuant to the provisions of 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.
**
22.08 Appointment to a Separate Employer Organization
Notwithstanding clause 22.03, an employee who resigns to accept an
appointment with an organization listed in Schedule V of the Financial
Administration Act may choose not to be paid severance pay provided that
the appointing organization will accept the employee's Schedule I and IV service
for its severance pay entitlement.
23.04 Non-Operating Employees
**
(a)
(i) Normal scheduled hours of work for non-operating employees shall be
thirty-seven decimal five (37.5) hours per week consisting of five (5)
consecutive days, Monday to Friday inclusive, each day to be seven decimal
five (7.5) hours (exclusive of a meal break) between the hours of 07:00 and
18:00 local time.
(ii) Notwithstanding sub-clause (i), at the request of the employee and
with the approval of the Employer, the stated hour of 7:00 may be modified to
6:00. Where such agreement has occurred, the Employer will notify the local
union representative or the IBEW business office of the change in the
scheduled hours of work.
23.11 Change in Shift - Operating Employees
**
(a) In the event that an individual employee's shift hours and/or days of
work are changed to accommodate to an unanticipated absence of an employee, not
initiated by the Employer, and less than fifteen (15) days' advance notice of
such change is given, the employee shall be paid a premium equal to the amount
shown in note 5 of Appendix "B" for work performed on the first
scheduled shift changed in addition to his/her daily rate of pay. When an
employee works less than three point seven five (3.75) hours of the first
scheduled shift changed no premium will be paid.
**
(b) In the event that an individual employee's shift hours and/or days of
work are changed for reasons other than accommodating to an unanticipated
absence of an employee not initiated by the Employer, and less than twenty-one
(21) days' advance notice of such change is given, the employee shall be paid a
premium equal to the amount shown in note 5 of Appendix "B" in
addition to his/her daily rate of pay for work performed on each of the changed
scheduled shifts for which twenty-one (21) days' advance notice was not given to
a maximum of three (3). When an employee works less than three point seven five
(3.75) hours of any scheduled shift changed no premium will be paid for that
shift.
**
23.14 Change in Employee Status - Operating/Non-Operating
It is understood that certain employees, because of the nature of their
duties, may be required to change from a non-operating employee to an operating
employee (or vice versa) for varying periods of time. No change in the
employee's status (Operating or Non-Operating) will be made unless the
requirement to change is consistent for thirty (30) consecutive calendar days or
more. Advance notice of such requirement which will involve a change in the
employee's status should be given at the earliest possible date but in any case
not less than thirty (30) calendar days prior to the earliest date that the
changed circumstance may commence. If notice of the change is less than thirty
(30) calendar days, the employee shall be paid a premium equal to the amount
shown in note 5 of Appendix "B" for each shift or day worked during
the period of the change for which he/she has not received thirty (30) calendar
days' notice. Such notice shall not be required when the employee concerned is
promoted, is acting in a higher level position or the change is in response to
the employee's request.
**
Variable Hours of Work
23.17 Notwithstanding the provisions of Articles 23 and 25,
employees, with the approval of the Employer, may complete their weekly hours of
employment in a period other than five (5) full days provided that over a
period, to be determined by the Employer, employees work an average of
thirty-seven decimal five (37.5) hours per week.
23.18 Any special arrangement may be at the request of
either party and must be mutually agreed between the Employer and the
employee(s) affected. Where individual employees' duties or shifts are
interdependent, then the majority of the affected employees must agree to the
arrangement and it shall apply to all of these employees.
23.19 Notwithstanding anything to the contrary contained in
this Agreement, the implementation of any variation in hours shall not result in
any additional overtime work, payment or cost 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.
**
23.21 Conversion of Days to Hours
(a) The provisions of this Agreement which specify days shall be converted to
hours. Where this Agreement refers to a "day", it shall be converted
to seven decimal five (7.5) hours, with the exception of Bereavement Leave.
(b) When an employee ceases to be subject to a variable hours of work
arrangement, his/her credits will be converted to days by dividing the number of
hours by seven decimal five (7.5) hours per day.
23.23 Specific Application
**
(b) Sick Leave
Employees shall earn sick leave credits at the rate prescribed in Article 19
of this Agreement but shall be converted to hours by multiplying the number of
days by seven decimal five (7.5) hours. Leave will be granted on an hourly basis
with the hours debited for each day of sick leave being the same as the hours
the employee would have been scheduled to work on that day.
**
(c) Vacation Leave
Employees shall earn vacation leave credits at the rates prescribed for their
years of service, as set forth in Article 17 of this Agreement, but shall be
converted to hours on the basis of one (1) day equals seven decimal five (7.5)
hours. Leave will be granted on an hourly basis with the hours debited for each
day of vacation leave being the same as the hours the employee would have been
scheduled to work on that day.
**
(d) Other Types of Leave
(i) The days available where specified in this Agreement shall be converted
to hours by multiplying the number of days by seven decimal five (7.5) hours.
(ii) Leave will be granted on an hourly basis with the hours debited for
each day of leave being the same as the hours the employee would have been
scheduled to work on that day.
**
(g) Travel
Except in cases where an employee has been taken off the variable work week
schedule, employees will be paid at their straight-time hourly rate for all
travel and/or work during their regularly scheduled hours of work under the
variable work week arrangement. Hours travelled in excess of these scheduled
hours will be compensated at the premium rates specified under Article 27.
**
(h) Minimum Number of Hours Between Shifts
The provision in this Agreement relating to the minimum period between the
termination and commencement of the employee's next shift shall not apply to an
employee subject to variable hours of work.
25.05
**
(a) An employee who works three (3) or more hours of overtime immediately
before his/her scheduled hours of work shall be provided a paid meal break of up
to one-half (1/2) hour duration and be reimbursed his/her expenses for one (1)
meal in the amount of ten dollars and fifty cents ($10.50).
**
(b) An employee who works three (3) or more hours of overtime immediately
following his/her scheduled hours of work shall be provided a paid meal break of
up to one-half (1/2) hour duration and be reimbursed his/her expenses for one
(1) meal in the amount of ten dollars and fifty cents ($10.50).
**
(c) For each four (4) hours an employee works overtime continuously extending
beyond the period provided in (a) or (b) above, he/she shall be provided a paid
meal break of up to one-half (1/2) hour and be reimbursed at the rate of ten
dollars and fifty cents ($10.50) for each meal.
**
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his permanent residence for forty (40) nights during a fiscal
year shall be granted fifteen (15) hours off with pay. The employee shall be
credited with seven decimal five (7.5) hours off for each additional twenty (20)
nights that the employee is away from his or her permanent residence to a
maximum of sixty (60) additional nights.
**
(b) The maximum number of hours off earned under this clause shall not exceed
thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as
compensatory leave with pay.
**
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars, unless the employee is required to attend by the Employer.
**
(a) When an employee is called back to work in accordance with clause 28.01
for a period of overtime, the duration of which cannot be pre-determined, and
works four (4) hours or more of overtime, he/she shall be provided a paid meal
break of up to one-half (1/2) hour and a meal allowance of ten dollars and fifty
cents ($10.50).
(b) If the employee continues to work for four (4) hours or more of overtime
beyond the first four (4)-hour period in sub-clause 28.04(a), he/she shall be
provided further paid meal breaks of up to one-half (1/2) hour and allowances of
ten dollars and fifty cents ($10.50) at the completion of this second and
subsequent four (4)-hour periods.
**
29.04
(a) Upon request by an employee and with the approval of the Employer, the
standby payment earned under clause 29.01 may be granted in compensatory leave
with pay. Such time off will be liquidated at a mutually acceptable time.
(b) If any time off in lieu of the standby payment earned in accordance with
29.04(a) cannot be liquidated by the end of the fiscal year, then payment in
cash will be made at the employee's hourly rate of pay as of March 31st.
**
30.01 An employee will receive a shift premium of fifteen
dollars ($15) for each shift worked on the 16:00 to 24:00 evening shift and for
each shift worked on the 00:00 to 08:00 night shift.
**
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.
**
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.
**
37.07 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.
**
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.
39.11 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 theFinancial 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.
39.14 Adjudication of Grievances
**
(c) termination of employment or demotion pursuant to paragraph 12(1)(c), (d)
or (e) of the Financial Administration Act,
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.
**
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.
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