14.01 Where an employee is required by the Employer to
travel outside his headquarters area and on government business, as these
expressions are normally defined by the Employer, and when such travel is
approved and the means of travel determined by the Employer, the employee shall
be compensated only in accordance with clause 14.03, except in the case of
employees covered by Article 19, who are not entitled to any additional
compensation. However, in the case of interpreters working in the official
languages, the travel shall be deemed to be duties other than interpretation for
the purposes of clause 12.04 and its duration shall be calculated in accordance
with clause 14.02.
14.02 The travelling time to be compensated is as follows:
(a) for travel by public transportation, the time between the regularly
scheduled time of departure and the actual time of arrival at a destination and,
in the case of travel by aircraft, the scheduled limousine time to and from the
airport;
(b) for travel by privately-owned automobile, the normal time as determined
by the Employer to drive from the employee's place of residence directly to his
destination and return.
14.03 If an employee is required to travel in accordance
with the provisions of clauses 14.01 and 14.02:
(a) on a normal work day during which he travels but does not work, he shall
receive his normal day's pay;
(b) on a normal work day during which he travels and works, he shall be paid:
(i) at the straight-time hourly rate for the first seven and one-half (7
1/2) hours,
and
(ii) at the applicable overtime rate for the additional travelling time in
excess of seven and one-half (7 1/2) hours as mentioned in sub-paragraph
14.03(b)(i), to a maximum of twelve (12) hours at the straight-time hourly
rate;
(c) on a day of rest or a designated paid holiday, he shall be paid at the
applicable overtime rate to a maximum of twelve (12) hours' pay at the
straight-time hourly rate.
14.04 Upon application by the employee, the Employer may
meet any obligation to pay compensation to an employee under this Article by
granting to that employee compensatory leave in lieu of such compensation.
Compensatory leave not used by the end of a twelve (12) month period, as
determined by the Employer, will be paid in cash by multiplying the number of
hours to be cashed by the straight-time hourly rate which applied to the
employee on the last day of this twelve (12) month period.
14.05 All calculations for travel time shall be based on
each completed half (1/2) hour of travel.
14.06 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.
14.07 Travel Status Leave
(a) An employee who is required to travel outside his 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 (1) additional day off for each additional twenty (20) nights that the
employee is away from his permanent residence to a maximum of eighty (80)
additional 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
paragraph 13.10(c).
(d) The provisions of this clause do not apply when the employee travels to
attend courses, training sessions, professional conferences and seminars.
15.01 Except as provided in clauses 15.02, 15.03, 15.04 and
15.05, the terms and conditions governing the application of pay to employees
are not affected by this Agreement.
15.02 An employee is entitled to be paid for services
rendered at:
(a) the pay specified in Appendix "A" for the classification of the
position to which he is appointed, if the classification coincides with that
prescribed in his letter of offer,
or
(b) the pay specified in Appendix "A" for the classification
prescribed in his letter of offer, if that classification and the classification
of the position to which he is appointed do not coincide.
15.03
(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 bargaining unit 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 immediately
shown 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 immediately shown below the rate
of pay being received prior to the revision;
(v) no payment or no notification shall be made pursuant to paragraph
15.03(b) for one dollar ($1.00) or less.
15.04 The qualifying period for the payment of acting pay
for employees is three (3) consecutive working days or shifts. This payment will
be made in accordance with existing regulations.
15.05 Overtime pay which has been paid to an employee during
the period covered by the retroactive pay increases will be recomputed and the
difference between the amount paid on the old salary basis and the amount
payable on the new salary basis will be paid to the employee.
15.06 When an employee at the TR-2, TR-3 or TR-4 level who
is not an interpreter is assigned by the Employer to interpretation duties for a
temporary period, he shall be entitled to an amount of forty dollars ($40.00)
per day in addition to his regular pay but such amount shall not be granted for
the time spent in training for such duties.
15.07 Shift Premium
(a) An employee who works shifts shall receive a shift premium of two dollars
($2.00) per hour for all hours worked between 4:00 p.m. and 8:00 a.m., including
overtime. This premium shall not be paid for hours worked between 8:00 a.m. and
4:00 p.m.
(b) An employee who works shifts shall receive an additional premium of
two dollars ($2.00) per hour for hours of work regularly scheduled and
worked on Saturdays and/or Sundays. This premium shall not apply to overtime
hours.
15.08 If, during the term of this Agreement, a new
classification standard is established and implemented by the Employer, the
Employer shall, before applying rates of pay to the new levels resulting from
the application of the standard, negotiate with the Association the rates of pay
and the rules affecting the pay of employees on their movement to the new
levels.
16.01 Subject to clause 16.02, the following days shall be
designated paid holidays for employees:
(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 (1) additional day 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 (1st) Monday
in August,
and
(l) one (1) additional day when proclaimed by an Act of Parliament as a
National Holiday.
16.02 The designated holiday shall not be paid to an
employee on leave without pay on both the normal working days immediately
preceding and immediately following the designated holiday, except in the case
where such leave has been granted under Article 10.
16.03 Holiday Falling on a Day of Rest
(a) When a day designated as a paid holiday under clause 16.01 coincides with
an employee's day of rest, the holiday shall be moved to the employee's first (1st)
normal day of work following his day of rest. When a day designated as a paid
holiday is moved to a day on which the employee is on paid leave, the day shall
be counted as a holiday and not as a day of leave.
(b) When a day designated as a paid holiday for an employee is moved to
another day under the provisions of paragraph (a):
(i) 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
(ii) work performed by an employee on the day to which the holiday was
moved, shall be considered as work performed on a holiday.
(c) Paragraph (b) does not apply to employees covered by Article 19,
Parliamentary leave and Interpretation Leave.
16.04 For the purposes of paragraph 12.04(c), the day
designated as a paid holiday counts as seven and one-half (7 1/2) hours of
duties other than interpretation, in addition to the hours of work the
interpreter may have performed that day.
**
17.01
(a) When an employee becomes subject to this Agreement, his earned daily
leave credits shall be converted into hours. When an employee ceases to be
subject to this Agreement, his earned hourly leave credits shall be reconverted
into days, with one (1) day being equal to seven decimal five (7.5) hours.
(b) Earned leave credits or other leave entitlements shall be equal to seven
decimal five (7.5) hours per day.
17.02
(a) Leave is counted in hours, the number of hours debited for each day of
leave being equal to the number of hours of work scheduled for the employee for
the day in question.
**
(b) Notwithstanding the above, in clause 21.02, Bereavement Leave, a
"day" will mean a calendar day.
17.03 When the employment of an employee who has been
granted more annual or sick leave with pay than he has earned is terminated by
death or by lay-off after two (2) or more complete years of continuous
employment, the employee is considered to have earned the amount of leave with
pay granted to him.
17.04 In the event of termination of employment, the
employer recovers from any monies owed to the employee an amount equivalent to
annual or sick leaves granted to the employee but not earned by him.
17.05 An employee must be informed at least once in each
fiscal year of the balance of his annual and sick leave with pay credits.
17.06 The amount of leave with pay credited to an employee
by the Employer at the time when this Agreement is signed, or at the time when
he becomes subject to this Agreement, shall be retained by the employee.
17.07 Notwithstanding anything contained in Article 18,
Annual Leave, Article 19, Parliamentary and Interpretation Leave, Article 20,
Sick Leave, and Article 21, Other Leave, an employee shall not be granted annual
leave, sick leave, or other types of leave with pay while he is on leave without
pay or under suspension.
17.08 Except as otherwise indicated in this agreement, when
leave without pay of a duration exceeding three (3) months is granted to an
employee for reasons other than illness, the total duration of the leave granted
shall be deducted from the calculation of the employee's period of continuous
employment for the purpose of calculating severance pay and of service for the
purpose of calculating vacation leave. Time spent on such leave shall not be
counted for pay increment purposes.
|