PART II - WORKING CONDITIONS
6.01 Hours of Work
(a) The hours of work shall be forty (40) hours per week and eight (8) hours
per day.
(b) The workweek and workdays shall be:
(i) from Sunday 23:45 to Friday 23:45 inclusive for employees subject to
clause 6.02(a),
(ii) from Monday to Friday inclusive for employees subject to clause 6.02(b),
and
(iii) from Monday 00:15 to Saturday 00:15 inclusive for employees subject to
clause 6.02(c).
(c) The first and second days of rest shall be:
(i) from Friday 23:45 to Saturday 23:45 and from Saturday 23:45 to Sunday
23:45 respectively for employees subject to clause 6.02(a),
(ii) Saturday and Sunday respectively for employees subject to clause
6.02(b), and
(iii) from Saturday 00:15 to Sunday 00:15 and from Sunday 00:15 to Monday
00:15 respectively for employees subject to clause 6.02(c).
6.02 The hours of work shall be scheduled as follows:
(a) the first (night) shift shall be from 23:45 to 08:15 with an unpaid meal
period from 03:45 to 04:15;
(b) the second (day) shift shall be from 07:45 to 16:15 with an unpaid meal
period from 12:00 to 12:30;
(c) the third (evening) shift shall be from 15:45 to 00:15 with an unpaid
meal period from 19:45 to 20:15.
6.03 Notwithstanding the provisions of clause 6.02, the
Association recognizes the requirement for certain employees to regularly report
for work and to cease work at different hours than those established in clause
6.02, and the Employer agrees to discuss with the Association such changes in
working hours before implementing them.
6.04 The hours of work described in clauses 6.01 and 6.02
shall not be construed as a guarantee of a minimum or of a maximum hours of
work.
6.05 An employee may be transferred from one shift to
another within a workday subject to the application of clause 6.09.
6.06 Notwithstanding the provisions of clause 6.02:
(a) An employee who works on the first (night) or third (evening) shift:
(i) on three (3) or more consecutive workdays within a workweek,
or
(ii) on the first or on the first and second workdays in a workweek following
a full workweek on the first (night) or third (evening) shift,
or
(iii) on the last or on the last and next to last workdays in a workweek
preceding a full workweek on the first (night) or third (evening) shift,
shall receive a shift premium as specified in clause 18.01.
For the purpose of clause 6.06(a), an employee on leave during the days
referred to in clause 6.06(a) shall not be considered as breaking the
consecutive workday or full workweek requirement of that clause.
For the purpose of clause 6.06(a)(i), a paid holiday shall not be considered
as breaking the consecutive workday requirement providing three (3) days of
shift work are scheduled.
Where shift work is scheduled for a full workweek which includes a designated
paid holiday, the holiday shall not affect the requirements of a full workweek
referred to in clause 6.06(a)(ii) and (iii).
(b) An employee who works on the first or third shift, other than as
described in 6.06(a) shall be paid at double (2) time rate for each hour so
worked and no shift premium shall be paid.
6.07 The Employer will schedule shift work only when
necessary. On the occasion of shift on a project the Employer will give to the
employees and Association as much notice as practicable prior to the
commencement of shift work.
6.08 Overtime
The Employer will make every reasonable effort:
(a) to distribute overtime fairly among available qualified employees;
(b) to give at least four (4) hours' advance notice to employees who are
required to work overtime;
(c) to keep overtime to a minimum.
6.09 Overtime Compensation
Subject to clause 6.13, overtime shall be compensated at the following rates:
(a) double (2) time for all hours worked in excess of eight (8) hours in a
continuous period of work or in excess of eight (8) hours in a day to a maximum
of sixteen (16) hours in a continuous period of work; and for all hours worked
on a day of rest to a maximum of sixteen (16) hours;
(b) triple (3) time for each hour worked in excess of sixteen (16) hours in a
continuous period of work or in excess of sixteen (16) hours in any twenty-four
(24)-hour period, and for all hours worked by an employee who is recalled to
work before the expiration of the eight (8)-hour period referred to in clause
6.10.
6.10 Subject to clause 6.11, an employee who works for a
period of fifteen (15) hours or more in a twenty-four (24) hour period shall not
report on his or her next regular scheduled shift until nine (9) hours has
elapsed from the end of the previous working period unless otherwise informed by
his or her supervisor. If, in the application of this clause, an employee works
less than his or her next full shift, the employee shall, nevertheless, receive
eight (8) hours' regular pay.
6.11 An employee will not work more than fifteen (15) hours
in a twenty-four (24) hour period except where operational requirements dictate
otherwise.
6.12 When an employee is required to report for prescheduled
overtime and reports to work on a designated paid holiday which is not the
employee's scheduled day of work, or on the employee's day of rest, the employee
shall be paid the greater of:
(a) compensation at the applicable overtime rate for all hours worked,
or
(b) compensation equivalent to four (4) hours' pay at the employee's hourly
rate of pay, except that the minimum of four (4) hours' pay shall apply the
first time only an employee is required to report for prescheduled overtime
during a period of eight (8) hours, starting with the employee's first
reporting.
6.13 An employee is entitled to overtime compensation for
each completed six (6)-minute period of overtime worked by him/her.
6.14 When management requires an employee to work through
his or her regular meal period, the employee shall be paid at the applicable
overtime rate for the period worked therein, and the employee shall be given
time off with pay to eat.
6.15
(a) Notwithstanding the provisions of clauses 6.09 and 9.03, an employee may
request, in lieu of overtime payment, compensatory leave with pay. Approval of
the Employer shall not be unreasonably withheld.
(b) The rate of pay to which an employee is entitled during such leave shall
be based on the employee's hourly rate of pay as calculated from the
classification prescribed in the employee's certificate of appointment in the
employee's substantive position on the day immediately prior to the day on which
leave is taken.
(c) The Employer shall grant compensatory leave at times convenient to both
the employee and the Employer.
(d) Accumulated compensatory leave not used by March 31st of each
year shall normally be paid in cash. Such leave may by mutual agreement be
carried over to the following leave year.
6.16 Rest Periods
The Employer shall schedule two (2) rest periods of ten (10) minutes each
during each full shift.
6.17
Overtime Meal Allowance
(a) A meal allowance of ten dollars ($10.00) will be paid:
(i) to an employee who is not advised prior to mid-shift that he/she will be
required to work overtime and provided the employee works for three (3) hours,
commencing not more than one (1) hour following the employee's normal quitting
time;
(ii) to an employee who is required to work at least three (3) hours
immediately preceding the employee's normal starting time;
(iii) after an employee has worked an initial period of three (3) hours
overtime, for each subsequent four (4)-hour period of overtime worked;
(iv) to an employee who has been recalled to work as provided in clause 7.01
for each four (4)-hour period of overtime worked; and
(v) to an employee who has been advised that he/she is required to work
overtime commencing not more than one (1) hour following the normal quitting
time and is subsequently advised after mid-shift that he/she is not required to
work.
(b) Except as provided in clause 6.17(a)(iv), an employee who works overtime
on days of rest or holidays is not entitled to a meal allowance for the first
eight (8) hours worked. A meal allowance of ten dollars ($10.00) will be paid
for each subsequent four (4)-hour period of overtime worked.
(c) The provisions of clauses 6.17(a) and (b) will not apply to employees
assigned to sea trials where meals are provided without charge to the employees
during periods described in clauses 6.17(a) and (b).
7.01 When an employee is called back to work overtime after
he/she has left the Employer's premises:
(a) on a designated paid holiday which is not an employee scheduled day of
work,
or
(b) on an employee's day of rest,
or
(c) after the employee has completed his or her work for the day, and returns
to work the employee shall be paid the greater of:
(i) compensation at the applicable overtime rate for time worked,
or
(ii) compensation equivalent to four (4) hours' pay at the straight-time
rate,
provided that the period worked by the employee is not contiguous to the
employee's scheduled shift and the employee was not notified of such overtime
requirement prior to completing his or her last period of work.
7.02 Other than when required by the Employer to operate a
vehicle of the Employer for transportation to a work location other than the
employee's normal place of work, time spent by the employee reporting to work or
returning to the employee's residence shall not constitute time worked.
7.03 An employee who receives a call to duty or responds to
a telephone or data line call after completing his or her work for the day and
leaving his or her place of work may, at the discretion of the Employer, work at
the employee's residence or at another place to which the Employer agrees, and
receive compensation for time worked in accordance with the Overtime Article. In
such instances, employees shall not be entitled to the minimum compensation
under clause 7.01(c)(ii).
7.04 Compensation under this Article is not to be construed
as different from or additional to overtime pay, but shall be construed as
establishing minimum compensation to be paid.
8.01 Subject to clause 8.02, the following days shall be
designated paid holidays:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration
of the Sovereign's Birthday,
(e)
Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day
of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is
recognized to be a provincial or civic holiday in the area in which the employee
is employed or in any area where, in the opinion of the Employer, no such day is
recognized as a provincial or civic holiday, the first Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a national
holiday.
8.02 Clause 8.01 applies only to an employee who is entitled
to pay for at least ten (10) days during the thirty (30) calendar days
immediately preceding the holiday.
8.03
Holiday Falling on a Day of Rest
When a day designated as a holiday under clause 8.01 coincides with an
employee's day of rest, the holiday shall be moved to the employee's next
scheduled working day or to the second scheduled work day if the employee would
otherwise lose credit for the holiday.
8.04 When a day designated as a holiday for an employee is
moved to another day under the provisions of clause 8.03,
(a) work performed by an employee on the day from which the holiday was moved
shall be considered as work performed on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved,
shall be considered as work performed on a holiday.
8.05 Compensation for Work on a Holiday
Where an employee works on a holiday the employee shall be paid at the
following rates:
(a) holiday pay plus double time for the first eight (8) hours of work,
(b) triple time for hours worked in excess of eight (8).
8.06 Holiday Coinciding with a Day of Paid Leave
Where a day that is a designated holiday for an employee falls within a
period of leave with pay, the holiday shall not count as a day of leave.
9.01 No employee shall be required by the Employer to use
his or her own car for government business.
9.02
(a) Where an employee is required by the Employer to work at a point outside
the employee's headquarters area, the employee shall be reimbursed for
reasonable expenses as defined by the Employer.
(b) When an employee is required by the Employer to travel to points within
the headquarters area, the employee shall be paid a mileage allowance or
transportation expenses at the rate paid by the Employer.
(c) When an employee travels through more than one (1) time zone, computation
will be made as if he had remained in the time zone of the point of origin for
continuous travel and in the time zone of each point of.
9.03 Where an employee is required by the Employer to travel
to a point away from the employee's normal place of work, the employee shall be
compensated as follows:
(a) on any day on which the employee travels overnight stay after the first
day of travel but does not work, at the applicable straight-time or overtime
rate for the hours travelled, but the total amount shall not exceed twelve (12)
hours' straight time.
(b) on a normal workday in which the employee travels and works:
(i) during the employee's regular scheduled hours of work at the
straight-time rate not exceeding eight (8) hours' pay,
(ii) at the applicable overtime rate for all time worked outside the
employee's regular scheduled hours of work,
(iii) at the applicable overtime rate for all travel outside the employee's
regular scheduled hours of work to a maximum of twelve (12) hours' pay at
straight time in any twenty-four (24)-hour period;
(c) on a rest day on which the employee travels and works, at the applicable
overtime rate:
(i) for travel time, in an amount not exceeding twelve (12) hours
straight-time pay,
and
(ii) for all time worked;
(d) notwithstanding the limitations stated in Article 9.03(a), (b) and (c),
where an employee travels on duty, but does not work, for more than four (4)
hours between 22:00 and 06:00, and no sleeping accommodation is provided, the
employee shall be compensated at the applicable overtime rate for a maximum of
twelve (12) hours' straight-time pay.
9.04 The Employer recognizes the value of safety belts or
barriers in vehicles not designed for the carrying of passengers and will
endeavour to provide vehicles with such equipment for transporting employees.
9.05 When an employee dies or is injured as a result of an
unscheduled flight the employee is required to undertake, the employee or the
employee's estate shall be paid compensation with respect to flying accidents in
accordance with the policy in force at the time the accident occurred.
9.06
(a) An employee assigned to a military establishment when in travel status
will not be required to make use of the establishment for accommodation and
messing except where it is evident that to stay elsewhere would be inconsistent
with good order and common sense (for example, certain training courses, no
suitable commercial accommodation is convenient and available, etc.).
(b) Subject to clause 9.06(a), when an employee is required to utilize
service accommodation, such accommodation shall be the equivalent where
available, of good commercial accommodation.
9.07 Travel Status Leave
(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 one (1) day off with pay. The employee shall be credited
with one additional day off for each additional 20 nights that the employee is
away from his or her permanent residence to a maximum of 80 nights.
(b) The maximum number of days off earned under this clause shall not exceed
five (5) days in a fiscal year and shall accumulate as compensatory leave with
pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to
clause 6.15.
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
10.01 The amount of leave with pay credited to an employee
by the Employer at the time this Agreement becomes effective, or at the time
when the employee becomes subject to this Agreement, shall be retained by the
employee.
10.02 When the employment of an employee who has been
granted more vacation or sick leave with pay than the employee has earned is
terminated by death, the employee is considered to have earned the amount of
leave with pay granted to him.
10.03 An employee shall not earn leave credits under this
Collective Agreement in any month for which leave has already been credited to
the employee under the terms of any other Collective Agreement to which the
Employer is a party or under other rules or regulations of the Employer.
10.04 An employee shall not be granted two (2) different
types of leave with pay with respect to the same time.
10.05 Except as otherwise specified in this Agreement, where
leave without pay for a period in excess of three (3) months is granted to an
employee, the total period of leave granted shall be deducted from
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave which is for a period of more than three (3) months shall
not be counted for pay increment purposes.
11.01 Vacation Year
The vacation year shall be from April 1st to March 31st
of the following year, inclusively.
11.02 Accumulation of Vacation Leave Credits
An employee shall earn, during the vacation year, vacation leave credits at
the following rates for each calendar month during which the employee receives
at least ten (10) days' pay:
(a) six decimal six seven (6.67) hours per month until the month in which the
anniversary of the employee's first (1st) year of continuous
employment occurs,
or
(b) ten (10) hours per month commencing with the month in which the
employee's first (1st) anniversary of continuous employment occurs,
or
(c) thirteen decimal three four (13.34) hours per month commencing with the
month in which the employee's eighth (8th) anniversary of continuous
employment occurs,
or
(d) fourteen decimal six seven (14.67) hours per month (for an annual total
of twenty-two (22) days) commencing with the month in which the employee's
sixteenth (16th) anniversary of continuous employment occurs,
or
(e) fifteen decimal three four (15.34) hours per month (for an annual total
of twenty-three (23) days) commencing with the month in which the employee's
seventeenth (17th) anniversary of continuous employment occurs,
or
(f) sixteen decimal six seven (16.67) hours per month commencing with the
month in which the employee's eighteenth (18th) anniversary of
continuous employment occurs,
or
(g) eighteen (18) hours per month commencing with the month in which the
employee's twenty-seventh (27th) anniversary of continuous employment
occurs,
or
(h) twenty (20) hours per month commencing with the month in which the
employee's twenty-eight (28th) anniversary of continuous employment
occurs.
11.03 Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent of the
employee's earned credits but an employee who has completed six (6) months of
continuous employment may receive an advance of credits equivalent to the
anticipated credits for the vacation year.
Scheduling of Vacation Leave With Pay
11.04 Subject to clauses 11.05, 11.06 and 11.07, employees
shall, subject to work requirements, normally take all their vacation leave
during the vacation year in which it is earned.
11.05 The Employer shall, subject to work requirements,
approve vacation leave at a time convenient to the employee.
**
11.06 In order to ensure that vacation leave is used in
accordance with articles 11.03 and 11.04, any employee with more than ten (10)
days remaining on December 1st of that vacation year shall meet and
discuss with his or her supervisor when they are going to use that portion of
their leave in excess of 10 days by March 31st of the same vacation
year. If they cannot reach an agreement the employer will schedule such leave
subject to clause 11.07.
11.07 Carry-Over Provisions
(a) Carry-over of total accumulated vacation leave up to and including ten
(10) days either because of an employee's personal circumstances or work
requirements, will be approved.
(b)
(i) An employee who has accumulated vacation leave is required to use, in
addition to his or her annual vacation leave twenty (20) days of his or her
accumulated vacation leave until all previously accumulated vacation leave is
reduced to ten (10) days.
(ii) Carry-over of such vacation leave will be allowed under the following
circumstances:
(A) an employee, subject to work requirements, was not permitted to take
vacation leave,
and
(B) the total amount of leave is large and cannot be used within one (1)
year.
(c) During any vacation year, upon application by the employee and at the
discretion of the Employer, earned but unused vacation leave credits in excess
of ten (10) days may be paid in cash at the employee's dailyrate of pay as
calculated from the classification prescribed in the employee's certificate of
appointment of theemployee's substantiveposition on March 31st, of
the previous vacation year.
Leave When Employment Terminates
11.08 When an employee dies or otherwise ceases to be
employed, the employee or the employee's estate shall be paid an amount equal to
the product obtained by multiplying the number of days earned but unused
vacation with pay to the employee's credit by the daily rate of pay (i.e. rate
in effect at time of termination) to which the employee is entitled by virtue of
the certificate of appointment in effect at the time of the termination of
employment.
11.09 In the event of termination of employment for reasons
other than death, the Employer shall recover from any monies owed the employee
an amount equivalent to unearned vacation leave taken by the employee,
calculated on the basis of the daily rate of pay (i.e. rate in effect at time of
termination) to which the employee is entitled by virtue of the certificate of
appointment in effect at the time of the termination of employment.
Advance Payments
11.10 In view of special circumstances concerning this
Group, the Employer agrees to issue advance payments of estimated net salary for
the period of vacation requested, provided four (4) weeks' notice is received
from the employee prior to the last pay day before proceeding on leave.
11.11 Providing the employee has been authorized to proceed
on vacation leave for the period concerned, pay in advance of going on vacation
shall be made prior to departure and shall consist of an estimated two (2),
three (3), four (4), five (5), or six (6) weeks' net entitlement subsequent to
the last regular pay issue.
11.12 Any overpayments in respect of such pay advances shall
be an immediate first charge against any subsequent pay entitlements and shall
be recovered in full prior to any further payment of salary.
12.01 Credits
An employee shall earn sick leave credits at the rate of one and one-quarter
(1 1/4) days for each calendar month for which the employee is entitled to pay
for at least ten (10) days.
12.02 Granting of Sick Leave With Pay
An employee is eligible for sick leave with pay when the employee is unable
to perform his or her duties because of illness or injury provided that:
(a) the employee satisfies the Employer of this condition in such manner and
at such time as may be determined by the Employer,
and
(b) the employee has the necessary sick leave credits.
12.03 Unless otherwise informed by the Employer a statement
signed by the employee stating that because of illness or injury the employee
was unable to perform his or her duties shall, when delivered to the Employer,
be considered as meeting the requirements of clause 12.02(a), if the period of
leave requested does not exceed five (5) days.
12.04 An employee is not eligible for sick leave with pay
during any period in which the employee is on leave without pay or under
suspension.
12.05 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provisions of clause 12.02,
sick leave with pay may, at the discretion of the Employer, be granted
(a) for a period of up to twenty-five (25) days if the employee is awaiting a
decision on an application for injury-on-duty leave,
or
(b) for a period of up to fifteen (15) days 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 and, in the event of termination of employment for reasons
other than death, the recovery of the advance from any monies owed the employee.
12.06 When an employee is granted sick leave with pay and
injury-on-duty leave is subsequently approved for the same period, it shall be
considered, for the purpose of the record of sick leave credits, that the
employee was not granted sick leave with pay.
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