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Ship Repair - West (SRW) - Signing Date: July 29, 2004 - Expiry Date: September 30, 2006

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List of Changes to the Agreement
Between the Treasury Board and the Federal Government Dockyards Trades and Labour Council (Esquimalt) - 
Ship Repair


ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01

**

(b) "bargaining unit" means all employees of the Employer in the Ship Repair Group of the Operational Category located on the west coast as described in the certificate issued by the Public Service Staff Relations Board on June 2, 1999;

**

(c) "common-law partner" refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year (conjoint de fait);

**

(j) "Employer", except as specifically provided in clause 15.01, 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;

ARTICLE 6
RECOGNITION

**

6.01 The Employer recognizes the Federal Government Dockyards Trades and Labour Council (Esquimalt) as the exclusive bargaining agent for all employees in the Ship Repair Occupational Group located on the west coast described in the certificate issued to the Council by the Public Service Staff Relations Board on June 2, 1999.

ARTICLE 9
LEAVE - GENERAL

**

9.07 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.

**

9.08 Leave credits will be earned on a basis of a day being equal to eight (8) hours.

**

9.09 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 where a day is a calendar day.

**

9.10

(a) When an employee becomes subject to this Agreement, the employee's earned daily leave credits shall be converted into hours on the basis of one (1) day being equal to eight (8) hours.

(b) When an employee ceases to be subject to this Agreement, the employee's earned hourly leave credits shall be converted into days on the basis of eight (8) hours being equal to one day.

ARTICLE 10
VACATION LEAVE WITH PAY

**

(d) fourteen (14) hours and forty (40) minutes per month (for an annual total of 22 days) commencing with the month in which the employee's fifteenth (15th) anniversary of service occurs;

**

(g) eighteen (18) hours per month (for an annual total of 27 days) commencing with the month in which the employee's twenty-fifth (25th) anniversary of service occurs;

**

10.03 Employees shall be credited a one time entitlement of twenty-four (24) hours of vacation leave with pay on the first day of the month following the anniversary of the employee's first year of service.

**

10.05 Scheduling of Vacation Leave With Pay

Subject to clauses 10.06 and 10.07, employees shall, subject to work requirements, normally take all their vacation leave during the vacation year in which it is earned.

(a) To ensure vacation leave is planned and scheduled to optimum benefit, the following action will be taken:

(i) By the 1st of May of each vacation year, each employee will submit their preferences for the major portion of their vacation leave to their immediate supervisor;

(ii) By the 15th of May, the immediate supervisor(s), subject to work requirements and in consideration of known vacation leave preferences, will schedule and post approved leave;

(iii) Subject to clause 10.09, Carry-over excess, by January 1st of each year, where the employee fails to indicate his/her intention to take vacation leave, management shall schedule such leave.

(b) Where conflicts arise, vacation leave will be scheduled considering operational requirements, seniority (based on continuous service), and the leave application dates.

ARTICLE 12
SICK LEAVE WITH PAY

**

12.01 Credits

An employee shall earn sick leave credits at the rate of ten (10) hours for each calendar month for which the employee is entitled to pay for at least eighty (80) hours.

**

12.03 Unless otherwise informed by the Employer, a statement signed by the employee describing the nature of his/her illness or injury and stating that because of his/her illness or injury the employee was unable to perform his/her duties shall, when delivered to the Employer, be considered as meeting the requirements of clause 12.02(a).

12.05

**

(a) for a period of up to two-hundred (200) 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 twenty (120) hours if the employee has not submitted an application for injury-on-duty leave,

**

12.07 Sick Leave credits earned but unused by an employee during a previous period of employment in the Public Service shall be restored to an employee whose employment was terminated by reason of layoff and who is reappointed in the Public Service within two (2) years from the date of layoff.

ARTICLE 13
OTHER TYPES OF LEAVE WITH OR WITHOUT PAY

**

13.05 Personnel Selection Leave With Pay

Where an employee participates in a personnel selection process, including appeal process for a position in the Public Service, as defined in the Public Service Staff Relations Act, the employee is entitled to leave of absence with pay for the period during which the employee's presence is required for purposes of the selection process, including appeal process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where his/her presence is so required. This clause applies equally in respect of the personnel selection process related to deployment.

13.10 Parental Allowance

(c)

**

(ii) for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period;

13.15 Leave With Pay for Family-Related Responsibilities

(b)

**

(i) an employee requesting leave under this provision must make every reasonable effort to schedule the appointment to minimize or preclude time away from work, and must notify his/her supervisor of the appointment as far in advance as possible. When alternate arrangements are not possible an employee shall be granted leave to take a family member as defined in (a) above, for a medical or dental appointment when the family member is incapable of attending the appointment by himself/ herself, or for appointments with appropriate authorities in schools or adoption agencies;

**

(iii) leave with pay for needs directly related to the birth or to the adoption of the employee's child. This leave may be divided into two (2) periods and granted on separate days;

**

(iv) an employee shall be granted leave to take children, including children of legal or common-law spouse, or any relative under the age of nineteen (19) residing with the employee and for whom the employee is legally responsible, for appointments with authorities in social agencies or juvenile courts.

**

(c) The total leave with pay which may be granted under sub-clause (b)(i), (ii), (iii), (iv) and (v) shall not exceed forty (40) hours in a fiscal year.

**

13.16 Volunteer Leave

(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 up to eight (8) 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;

(b) The leave will be scheduled at times convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

13.17 Leave With or Without Pay for Other Reasons

(d)

**

(i) 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 up to eight (8) hours of leave with pay for reasons of a personal nature.

**ARTICLE 14
EDUCATION LEAVE WITHOUT PAY
CAREER DEVELOPMENT LEAVE WITH PAY AND
EXAMINATION LEAVE WITH PAY

Education Leave Without Pay

14.01 The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee's present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.

14.02 At the Employer's discretion, an employee on education leave without pay under this article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of the employee's annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

14.03 Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

14.04 As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee:

(a) fails to complete the course;

(b) does not resume employment with the Employer on completion of the course;

or

(c) ceases to be employed, except by reason of death or lay-off, before termination of the period he or she has undertaken to serve after completion of the course; the employee shall repay the Employer all allowances paid to him or her under this article during the education leave or such lesser sum as shall be determined by the Employer.

14.05 Career Development Leave With Pay

(a) Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to the individual in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:

(i) a course given by the Employer;

(ii) a course offered by a recognized academic institution;

(iii) a seminar, convention or study session in a specialized field directly related to the employee's work.

(b) Upon written application by the employee, and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in sub-clause 14.05(a) above. The employee shall receive no compensation under Article 16, Days of Rest, Hours of Work and Overtime, and Article 18, Travelling, of this collective agreement during time spent on career development leave provided for in this clause.

(c) Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

14.06 Examination Leave With Pay

At the Employer's discretion, examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee's scheduled hours of work. Such leave will only be granted where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his or her qualifications.

ARTICLE 16
HOURS OF WORK AND OVERTIME

16.06

**

(c) Notwithstanding 16.06(a), there may be occasions when it is mutually beneficial for employees to return to work before 16.06(a)(i), (ii) or (iii) have been satisfied. When an agreement is reached, the agreement shall be co-signed by the Council and local management. There will be no entitlement to further compensation as per article 16.06(b) above.

**

16.10 An employee who works for a period of more than fifteen (15) hours in a twenty-four (24)-hour period shall report on his/her next regular scheduled shift when a period of ten (10) hours has elapsed from the end of the previous working period. If, in the application of this clause, an employee works less than his/her next full shift, the employee shall, nevertheless, receive eight (8) hours' regular pay.

**

16.13

(a) Notwithstanding the provisions of clauses 16.09, 16.10 and 18.03 an employee may request, in lieu of overtime payment, compensatory leave with pay. Approval of the Employer shall not be unreasonably withheld.

(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.

(c) Compensatory leave resulting from overtime worked during the first three quarters of the fiscal year (April 1st to December 31st), shall be used by the employee by March 15th of that year, otherwise the compensatory leave will be paid 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 December 31st.

(d) Compensatory leave resulting from overtime worked between January 1st and March 14th inclusive, and not used by March 15th, may be carried over to the next quarter following submission of a written request and a Leave Form to, and approval of the Department Head. Such compensatory leave carried over shall be used during that quarter, otherwise it will be paid 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 March 14th.

(e) Compensatory leave resulting from overtime worked between March 15th and March 31st will be carried over to the next fiscal year unless the employee requests that it be paid. If so requested, compensatory leave will be paid 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 March 31st.

16.15 Overtime Meal Allowance

**

(a) A meal allowance of ten dollars and fifty cents ($10.50) will be paid:

(i) to an employee who is 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 and for each subsequent four (4)-hour period of overtime worked;

(ii) to an employee who is required to work at least three (3) hours immediately preceding the employee's normal starting time;

and

(iii) to an employee who has been recalled to work as provided in clause 19.01 for each four (4)-hour period of overtime worked.

**

(b) Except as provided in clause 16.15(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 and fifty cents ($10.50) will be paid for each subsequent four (4)-hour period of overtime worked.

ARTICLE 18
TRAVELLING

18.03

**

(a) on any day on which the employee travels but does not work, at the applicable straight-time or overtime rate for the hours travelled, but the total amount shall not exceed fifteen (15) hours' straight time;

(b)

**

(iii) at the applicable overtime rate for all travel outside the employee's regular scheduled hours of work to a maximum of fifteen (15) hours' pay at straight time in any twenty-four (24)-hour period;

(c)

**

(i) for travel time, in an amount not exceeding fifteen (15) hours' straight-time pay,

and

(ii) for all time worked;

**

(d) notwithstanding the limitations stated in clause 18.03(a), (b) and (c), where an employee travels on duty, but does not work, for more than four (4) hours between 2200 hours and 0600 hours, and no sleeping accommodation is provided, the employee shall be compensated at the applicable overtime rate for a maximum of fifteen (15) hours' straight-time pay.

ARTICLE 24
ALLOWANCES

**

24.04 Transfer at Sea During Sea Trials

When an employee is required to proceed to a ship under trials at sea or to a ship proceeding to sea or to a ship proceeding to sea on trials, by helicopter, yardcraft or auxiliary vessel and is required to transfer from the helicopter, yardcraft or auxiliary vessel to the ship undergoing sea trials, the employee shall be paid a transfer allowance of ten dollars ($10.00). If the employee leaves the ship by similar transfer the employee shall be paid a further ten dollars ($10.00).

ARTICLE 26
PAY

**

26.02

(a) The rates of pay set forth in Appendix "A" shall become effective on the dates specified.

(b) Where the rates of pay set forth in Appendix "A" 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 group 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 shown immediately 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 shown immediately below the rate of pay being received prior to the revision;

(v) no payment or no notification shall be made pursuant to paragraph 26.02(b) for one dollar ($1.00) or less.

ARTICLE 34
NATIONAL JOINT COUNCIL AGREEMENTS

**

34.03

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:

(1) Bilingual Bonus Policy;

(2) Commuting Assistance Directive;

(3) Foreign Service Directives;

(4) Isolated Posts Directive;

(5) Living Accommodation Charges Directive;

(6) Memorandum of Understanding on the Definition of the Word "Spouse";

(7) Public Service Health Care Plan Directive;

(8) Relocation Directive;

(9) Travel Directive;

(10) Uniform Directive;

Health/Safety Standards (11 to 28)

(11) Boilers and Pressure Vessels Directive;

(12) Committees and Representative Directive;

(13) Electrical Directive;

(14) Elevated Work Structures Directive;

(15) Elevating Devices Directive;

(16) First Aid Allowance Directive;

(17) First Aid Directive;

(18) Hazardous Confined Spaces Directive;

(19) Hazardous Substances Directive;

(20) Materials Handling Directive;

(21) Motor Vehicle Operations Directive;

(22) Noise Control and Hearing Conservation Directive;

(23) Personal Protective Equipment and Clothing Directive;

(24) Pesticide Directive;

(25) Refusal to Work Directive;

(26) Sanitation Directive;

(27) Tools and Machinery Directive;

(28) Use and Occupancy of Buildings Directive.

**ARTICLE 35
NO DISCRIMINATION

35.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Council, marital status or a conviction for which a pardon has been granted.

35.02

(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

35.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.

ARTICLE 36
DURATION AND RENEWAL

**

36.02 This Collective Agreement shall expire on September 30, 2006.


APPENDIX "A"

SR(W) - SHIP REPAIR GROUP
(All Employees Located on the West Coast)

Pay
Group
Sub-Group
and level
Descriptive
Titles
Oct 1, 2002
$
Oct 1, 2003
$
Oct 1, 2004
$
Oct 1, 2005
$
0

ELE-1

Trades Helper

12.00 12.00 12.00
1

ELE-2

Trades Helper

19.99 20.49 20.90 21.32

ELE-3

Marine Industrial Worker

19.99 20.49 20.90 21.32
2

ELE-4

Trades Material Support

23.19 23.77 24.25 24.74
3

SPS-5

Surface Preparation Worker

23.84 24.44 24.93 25.43
4

MAN-5

Marine System Maintenance

27.01 27.69 28.24 28.80

PRW-6

Sail Maker/Liferaft Repair

27.01 27.69 28.24 28.80

SPS-6

Painter

27.01 27.69 28.24 28.80

MDO-6

Crane and Pump Operator

27.01 27.69 28.24 28.80

MAN-7

Lagger

27.01 27.69 28.24 28.80

SPS-7

Electro-plater

27.01 27.69 28.24 28.80

MAN-7

Welder

27.01 27.69 28.24 28.80

MAN-7

Moulder/Foundry Worker

27.01 27.69 28.24 28.80

PRW-8

Rigger

27.01 27.69 28.24 28.80

PIP-8

Pipefitter

27.01 27.69 28.24 28.80

SMW-8

Sheet Metal Worker

27.01 27.69 28.24 28.80

WOW-8

Shipwright/Joiner

27.01 27.69 28.24 28.80

MAM-9

Maintenance Mechanic (Fridge)

27.01 27.69 28.24 28.80

MAM-9

Maintenance Mechanic (Oil)

27.01 27.69 28.24 28.80

MAC-9

Machinist

27.01 27.69 28.24 28.80

EME-9

Fitter Diesel

27.01 27.69 28.24 28.80

EME-9

Fitter Mechanic

27.01 27.69 28.24 28.80

EME-9

Fitter Weapons

27.01 27.69 28.24 28.80

BOB-9

Boilermaker

27.01 27.69 28.24 28.80

MAM-10

Plant Maintenance

27.01 27.69 28.24 28.80

EEW-10

Marine Electrician

27.01 27.69 28.24 28.80
5

EEW(R)-10

Electronics Repairman

27.18 27.86 28.42 28.99
6

MAN-7

Welder (HP) (1)

27.96 28.66 29.23 29.81

PIP-8

Pipefitter (HP) (2)

27.96 28.66 29.23 29.81

WOW-8/
BOB-9

Loftsman/Patternmaker (3)

27.96 28.66 29.23 29.81

MAC-10

Bailey Meter (4)

27.96 28.66 29.23 29.81

MAC-11

Tool and Die

27.96 28.66 29.23 29.81

INM-11

Instrument Repairman

27.96 28.66 29.23 29.81

EEW-11

Electrical Technician (5)

27.96 28.66 29.23 29.81

EEW-11

Electronics Technician (6)

27.96 28.66 29.23 29.81
7

PLE-9

Planner Estimator/Scheduler (7)

29.22 29.95 30.55 31.16

QCW-10

Quality Control (8)

29.22 29.95 30.55 31.16
8

PLE-10

Planner Estimator/Scheduler

30.38 31.14 31.76 32.40

QCW-11

Quality Control

30.38 31.14 31.76 32.40
9

APA-1

Apprentices 4 years (9)

16.21 16.62 16.95 17.29

APA-2

17.57 18.01 18.37 18.74

APA-3

18.91 19.38 19.77 20.17

APA-4

20.26 20.77 21.19 21.61

APA-5

21.61 22.15 22.59 23.04

APA-6

22.96 23.53 24.00 24.48

APA-7

24.32 24.93 25.43 25.94

APA-8

25.67 26.31 26.84 27.38

APB-1

Apprentices 5 years (9)

16.21 16.62 16.95 17.29

APB-2

17.29 17.72 18.07 18.43

APB-3

18.37 18.83 19.21 19.59

APB-4

19.44 19.93 20.33 20.74

APB-5

20.53 21.04 21.46 21.89

APB-6

21.61 22.15 22.59 23.04

APB-7

22.69 23.26 23.73 24.20

APB-8

23.77 24.36 24.85 25.35

APB-9

24.85 25.47 25.98 26.50

APB-10

25.93 26.58 27.11 27.65
10

APC-1

Apprentices 4 years (10)

13.51 13.85 14.13 14.41

APC-2

15.25 15.63 15.94 16.26

APC-3

16.97 17.39 17.74 18.09

APC-4

18.72 19.19 19.57 19.96

APC-5

20.45 20.96 21.38 21.81

APC-6

22.18 22.73 23.18 23.64

APC-7

23.92 24.52 25.01 25.51

APC-8

25.67 26.31 26.84 27.38

APD-1

Apprentices 5 years (10)

13.51 13.85 14.13 14.41

APD-2

14.85 15.22 15.52 15.83

APD-3

16.21 16.62 16.95 17.29

APD-4

17.57 18.01 18.37 18.74

APD-5

18.91 19.38 19.77 20.17

APD-6

20.26 20.77 21.19 21.61

APD-7

21.61 22.15 22.59 23.04

APD-8

22.96 23.53 24.00 24.48

APD-9

24.32 24.93 25.43 25.94

APD-10

25.68 26.32 26.85 27.39
11

LH

Lead Hand

1.35 1.38 1.41 1.44
12

EEW-12

Charge Hand

30.06 30.81 31.43 32.06
13

MGT-1

Production Supervisor (11)

31.27 32.05 32.69 33.34
32.44 33.25 33.92 34.60
33.62 34.46 35.15 35.85
SALARY PROTECTED EMPLOYEES

MAT-5

Sand Blaster Chargehand

27.46 28.15 28.71 29.28

BOB-9

Boilermaker Chargehand

28.85 29.57 30.16 30.76

SMW-8

Sheet Metal Chargehand

WOW-8

Carpenter Chargehand

PIP-08

Pipe Fitter Chargehand

EEW-10

Electrician Chargehand

EME-10

Fitter Chargehand

SPS-6

Painter Chargehand

EEW-11

Electronic Systems
Chargehand

30.06 30.81 31.43 32.06

ELE-3

Trades Helper Chargehand

26.27 26.93 27.47 28.02

 

PAY NOTES

**

(7) This rate of pay will be paid for the first 2088 hours of cumulative time served pursuant to the SR PLE-9 qualification since 01 October 2000, after which time the employee will progress to the next fully qualified level at SR PLE-10.

**

(8) This rate of pay will be paid for the first 2088 hours of cumulative time served pursuant to the SR QCW-10 qualification since 01 October 2000, excluding embedded shop QC functions, after which time the employee will progress to the next fully qualified level at SR QCW-11.


APPENDIX "B"

WORK FORCE ADJUSTMENT

General

Definitions

**

Opting employee (fonctionnaire optant) – is an indeterminate employee whose services will no longer be required because of a work force adjustment situation and who has not received a guarantee of a reasonable job offer from the deputy head and who has 120 days to consider the Options of Part 6.3 of this Appendix.

**

Reasonable job offer (offre d'emploi raisonnable) – is an offer of indeterminate employment within the public service, normally at an equivalent level but could include lower levels. Surplus employees must be both trainable and mobile. Where practicable, a reasonable job offer shall be within the employee's headquarters as defined in the Travel Directive. In Alternative Delivery situations, a reasonable offer is one that meets the criteria set out in Type 1 and Type 2 of Part VII of this appendix. A reasonable job offer is also an offer from a PSSRA Part II employer, providing that:

(a) The appointment is at a rate of pay and an attainable salary maximum not less than the employee's current salary and attainable maximum that would be in effect on the date of offer.

(b) It is a seamless transfer of all employee benefits including a recognition of years of service for the definition of continuous employment and accrual of benefits, including the transfer of sick leave credits, severance pay and accumulated vacation leave credits.

Part I
Roles and responsibilities

1.1 Departments

**

1.1.8 Where a deputy head cannot provide a guarantee of a reasonable job offer, the deputy head will provide 120 days to consider the three Options outlined in Part VI of this Appendix to all opting employees before a decision is required of them. If the employee fails to select an option, the employee will be deemed to have selected Option (a), Twelve-month surplus priority period in which to secure a reasonable job offer.

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1.1.33 When a surplus employee refuses a reasonable job offer, he or she shall be subject to lay-off one month after the refusal, however not before six months after the surplus declaration date. The provisions of 1.3.3 shall continue to apply.

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1.4.3 Opting employees are responsible for:

(a) considering the Options of Part VI of this Appendix;

(b) communicating their choice of Options, in writing, to their manager no later than 120 days after being declared opting.

Part III
Relocation of a work unit

3.1 General

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3.1.2 Following written notification, employees must indicate, within a period of six months, their intention to move. If the employee's intention is not to move with the relocated position, the Deputy head, after having considered relevant factors, can either provide the employee with a guarantee of a reasonable job offer or access to the Options set out in section 6.3 of this Appendix.

Part VI
Options for employees

6.1 General

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6.1.2 Employees who are not in receipt of a guarantee of a reasonable job offer from their deputy head have 120 days to consider the three Options below before a decision is required of them.

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6.1.3 The opting employee must choose, in writing, one of the three Options of section 6.3 of this Appendix within the 120-day window. The employee cannot change Options once having made a written choice.

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6.1.4 If the employee fails to select an Option, the employee will be deemed to have selected Option (a), Twelve-month surplus priority period in which to secure a reasonable job offer at the end of the 120-day window.

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6.1.5 If a reasonable job offer which does not require a relocation is made at any time during the 120-day opting period and prior to the written acceptance of the Transition Support Measure or the Education Allowance Option, the employee is ineligible for the TSM or the Education Allowance.

6.3 Options

6.3.1

(a)

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(ii) At the request of the employee, this twelve (12) month surplus priority period shall be extended by the unused portion of the 120-day opting period referred to in 6.1.2 which remains once the employee has selected in writing option (a).

 

 
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