29.01 When an employee is required to report and reports to
work on a day of rest, the employee is entitled to a minimum of three (3) hours
pay at the applicable overtime rate.
29.02 Payments provided under Article 31, Call-Back Pay, and
Article 29, Reporting Pay, shall not be pyramided; that is, an employee shall
not receive more than one compensation for the same service.
29.03 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than the
employee's normal place of work, time spent by an employee reporting to work or
returning to the employee's residence shall not constitute time worked.
29.04 The minimum payment referred to in 29.01 above, does
not apply to part-time employees. Part-time employees will receive a minimum
payment in accordance with B.12 (Appendix "B") of this Agreement.
30.01 For the purposes of this Agreement, travelling time is
compensated for only in the circumstances and to the extent provided for in this
Article.
30.02 When an employee is required to travel outside his or
her headquarters area on government business, as this expression is defined by
the employer, the time of departure and the means of such travel shall be
determined by the Employer and the employee will be compensated for travel time
in accordance with clauses 30.03 and 30.04. Travelling time shall include time
necessarily spent at each stop-over enroute provided such stop-over is not
longer than three (3) hours.
30.03 For the purposes of clauses 30.02 and 30.04, the
travelling time for which an employee shall be compensated is as follows:
(a) For travel by public transportation, the time between the scheduled time
of departure and the time of arrival at a destination, including the normal
travel time to the point of departure, as determined by the Employer.
(b) For travel by private means of transportation, the normal time as
determined by the Employer, to proceed from the employee's place of residence or
work place, as applicable, direct to the employee's destination and, upon the
employee's return, direct back to the employee's residence or work place.
(c) In the event that an alternate time of departure and/or means of travel
is requested by the employee, the Employer may authorize such alternate
arrangements, in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
30.04 If an employee is required to travel as set forth in
clauses 30.02 and 30.03:
(a) On a normal working day on which the employee travels but does not work,
the employee shall receive his or her regular pay for the day.
(b) On a normal working day on which the employee travels and works, the
employee shall be paid:
(i) his or her regular pay for the day for a combined period of travel and
work not exceeding his or her regular scheduled working hours,
and
(ii) at the applicable overtime rate for additional travel time in excess
of his or her regularly scheduled hours of work and travel, with a maximum
payment for such additional travel time not to exceed twelve (12) hours' pay
at the straight-time rate of pay, or not to exceed fifteen (15) hours' pay at
the straight-time rate of pay when the travel is outside Canada or Continental
USA.
(c) On a day of rest or on a designated paid holiday, the employee shall be
paid at the applicable overtime rate for hours travelled to a maximum of twelve
(12) hours' pay at the straight-time rate of pay, or not to exceed fifteen (15)
hours' pay at the straight-time rate of pay when the travel is outside Canada or
Continental USA.
(d) Travel time shall be compensated in cash, except where upon request of an
employee and with the approval of the Employer, travel time shall be compensated
by leave with pay. The duration of such leave shall be equal to the travel time
multiplied by the appropriate rate of payment and payment shall be based on the
employee's hourly rate of pay in effect on the date immediately prior to the day
on which the leave is taken.
If any lieu time earned cannot be liquidated by the end of the fiscal year,
then payment in cash will be made at the employee's then current rate of pay.
30.05 This Article does not apply to an employee when the
employee travels by any type of transport in which he or she is required to
perform work, and/or which also serves as his or her living quarters during a
tour of duty. In such circumstances, the employee shall receive the greater of:
(a) on a normal working day, his or her regular pay for the day,
or
(b) pay for actual hours worked in accordance with Article 20, Designated
Paid Holidays, and the overtime provisions of this Agreement.
30.06 Compensation under this Article shall not be paid for
travel time to courses, training sessions, conferences and seminars, unless the
employee is required to attend by the Employer.
30.07 All calculations made pursuant to this Article are
subject to clause 28.11.
30.08 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 or her permanent residence for forty (40) nights during a
fiscal year shall be granted seven decimal five (7.5) hours off with pay. The
employee shall be credited with an additional seven decimal five (7.5) hours for
each additional twenty (20) nights that the employee is away from his or her
permanent residence to a maximum of eighty (80) 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, to be administered in accordance with clause
28.14(b) of this Agreement.
(c) The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
31.01 If an employee is called back to work:
(a) on a designated paid holiday which is not the employee's scheduled day of
work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed his or her work for the day and has left
his or her place of work,
and returns to work, the employee shall be paid the greater of:
(i) Compensation equivalent to three (3) hours' pay at the applicable
overtime rate of pay for each call-back to a maximum of eight (8) hours'
compensation in an eight (8) hour period. Such maximum shall include any
reporting pay pursuant to clause 20.07 of Article 20 and the Reporting Pay
Provisions of this Agreement;
or
(ii) compensation at the applicable rate of overtime compensation for time
worked,
provided that the period worked by the employee is not contiguous to the
employee's normal hours of work.
(d) The minimum payment referred to in 31.01(c)(i) above, does not apply to
part-time employees. Part-time employees will receive a minimum payment in
accordance with B.11 (Appendix "B").
31.02 Other than when required by the Employer to use 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 his or her residence shall not constitute time worked.
No Pyramiding of Payments
31.03 Payments provided under Overtime and Reporting Pay
provisions, the Designated Paid Holiday and Standby provisions of this Agreement
and clause 31.01 above shall not be pyramided, that is an employee shall not
receive more than one compensation for the same service.
31.04 This Article does not apply
where an employee who has accommodation on board a vessel and:
(a) is not in his or her home port, reports for sailing in accordance with
posted sailing orders or as otherwise required by the Master,
or
(b) is on the Employer's premises at the time of notification of the
requirement to work overtime.
32.01 Where the Employer requires an employee to be
available on standby during off-duty hours, an employee shall be entitled to a
standby payment at the rate of one half (1/2) hour at straight time for each
four (4) consecutive hours or portion thereof that he or she is on standby.
32.02 An Employee designated by letter or by list for
stand-by duty shall be available during his period of stand-by at a known
telecommunications link number and be able to return for duty as quickly as
possible if called. In designating employees for standby duty the Employer will
endeavour to provide for the equitable distribution of standby duties.
32.03 No standby payment shall be granted if an employee is
unable to report for duty when required.
32.04 An employee on standby who is required to report for
work shall be paid, in addition to the standby pay, the greater of:
(a) the applicable overtime rate for the time worked,
or
(b) the minimum of four (4) hours' pay at the hourly rate of pay, except that
this minimum shall apply only the first time that an employee is required to
report for work during a period of standby of eight (8) hours.
32.05 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than an
employee's normal place of work, time spent by the employee reporting to work or
returning to his or her residence shall not constitute time worked.
No Pyramiding of Payments
32.06 Payments provided under the Overtime and Reporting Pay
provisions, the Designated Paid Holidays and Call-Back Pay provisions of this
Agreement, and clause 32.04 above shall not be pyramided, that is an employee
shall not receive more than one compensation for the same service.
33.01 Shift Premium
An employee working on shifts, half or more of the hours of which are
regularly scheduled between 4:00 p.m. and 8:00 a.m., will receive a shift
premium of two dollars ($2) per hour for all hours worked, including overtime
hours, between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for
hours worked between 8:00 a.m. and 4:00 p.m.
33.02 Weekend Premium
(a) Employees shall receive an additional premium of two dollars ($2) per
hour for work on a Saturday and/or Sunday for hours worked as stipulated in (b)
below.
(b) A weekend premium shall be payable in respect of all regularly scheduled
hours at straight-time rates worked on Saturday and/or Sunday.
34.01 Upon written request, an employee shall be provided
with a complete and current statement of the duties and responsibilities of his
or her position, including the classification level and, where applicable, the
point rating allotted by factor to his or her position, and an organization
chart depicting the position's place in the organization.
35.01 When an employee is required to attend a meeting on
disciplinary matters, the Employer shall notify the employee that the employee
is entitled to have a representative of the Association attend the meeting.
Where practicable, the employee shall receive in writing a minimum of one (1)
working day's notice of such a meeting, as well as its purpose. Where the
presence of a National representative of the Association is required and where
the meeting is outside the National Capital Region, this minimum period shall be
increased to two (2) days, where practicable.
35.02 The Employer agrees not to introduce as evidence in a
hearing relating to disciplinary action any document from the file of an
employee the content of which the employee was not aware of at the time of
filing or within a reasonable period thereafter.
35.03 Any document or written statement related to
disciplinary action, which may have been placed on the personnel file of an
employee shall be destroyed after two (2) years have elapsed since the
disciplinary action was taken, provided that no further disciplinary action has
been recorded during this period.
35.04 When an employee is suspended from duty, the Employer
undertakes to notify the employee in writing of the reason for such suspension.
The Employer shall endeavour to give such notification at the time of
suspension.
35.05 The Employer shall notify the local representative of
the Association that such suspension has occurred.
36.01
(a) An employee shall be given an opportunity to sign the formal review of
his or her performance and shall also be given an opportunity to sign all
adverse reports pertaining to the performance of his or her duties in his or her
current position which are placed on his personnel file.
(b) The Employer's representative who assesses an employee's performance must
have observed or been aware of the employee's performance for at least one-half
(1/2) of the period for which the employee's performance is being evaluated.
(c) An employee has the right to make written comments to be attached to the
performance review form.
36.02
(a) Prior to an employee performance review the employee shall be given:
(i) the evaluation form which will be used for the review;
(ii) any written document which provides instructions to the person
conducting the review;
(b) if during the employee performance review, either the form or
instructions are changed they shall be given to the employee.
36.03 Upon written request of an employee, the personnel
file of that employee may be made available once per year for the employee's
examination in the presence of an authorized representative of the Employer.
37.01 The Employer shall make reasonable provisions for the
occupational safety and health of employees. The Employer will welcome
suggestions on the subject from the Association, and the parties undertake to
consult with a view to adopting and expeditiously carrying out reasonable
procedures and techniques designed or intended to prevent or reduce the risk of
employment injury.
38.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and are prepared to enter into discussion aimed
at the development and introduction of appropriate machinery for the purpose of
providing joint consultation on matters of common interest.
38.02 Within five (5) days of notification of consultation
served by either party, the Association shall notify the Employer in writing of
the representatives authorized to act on behalf of the Association for
consultation purposes.
38.03 Upon request of either party, the parties to this
Agreement shall consult meaningfully at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
Agreement.
38.04 Without prejudice to the position the Employer or the
Association may wish to take in future about the desirability of having the
subjects dealt with by the provisions of collective agreements, the subjects
that may be determined as appropriate for joint consultation will be by
agreement of the parties.
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