1.01 The purpose of this Agreement is to maintain
harmonious and mutually beneficial relationships between the Employer, the
employees and the Institute, to set forth certain terms and conditions of
employment relating to remuneration, hours of work, employee benefits and
general working conditions affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire to
improve the quality of the Public Service of Canada, to maintain professional
standards and to promote the well-being and increased efficiency of its
employees to the end that the people of Canada will be well and effectively
served. Accordingly, they are determined to establish within the framework
provided by law, an effective working relationship at all levels of the Public
Service in which members of the bargaining units are employed.
2.01 For the purpose of this Agreement:
"bargaining unit" means the employees of the
Employer in the group described in Article 25, Recognition (« unité de
négociation »);
**
"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 »);
**
"compensatory leave" means leave with pay in lieu
of cash payment for overtime, work performed on a designated holiday, travelling
time compensated at overtime rate and call-back. The duration of such leave will
be equal to the time compensated or the minimum time entitlement multiplied by
the applicable overtime rate. 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 on the day immediately prior to the day on which leave is taken («
congé compensatoire »);
"continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of Employment
Regulations on the date of signing of this agreement (« emploi continu »);
"daily rate of pay" means an employee's weekly
rate of pay divided by five (5) (« taux de rémunération journalier »);
"day of rest" in relation to an employee means a
day, other than a designated paid holiday, on which that employee is not
ordinarily required to perform the duties of his position other than by reason
of his being on leave (« jour de repos »);
"designated paid holiday" means the twenty-four
(24) hour period commencing at 00:01 hour of a day designated as a holiday in
this Agreement (« jour férié désigné payé »);
"double time" means two (2) times the employee's
hourly rate of pay (« tarif double »);
"employee" means a person so defined by the Public
Service Labour Relations Act and who is a member of the bargaining unit («
employé »);
"Employer" 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 (« employeur »);
"headquarters area" has the same meaning as given
to the expression in the Travel Policy (« région du lieu d'affectation »);
"hourly rate of pay" means a full-time employee's
weekly rate of pay divided by thirty-seven and one-half (37 1/2) (« taux de
rémunération horaire »);
"Institute" means the Professional Institute of
the Public Service of Canada (« Institut »);
"lay-off" means the termination of an employee's
employment because of lack of work or because of the discontinuance of a
function (« mise en disponibilité »);
"leave" means authorized absence from duty («
congé »);
"membership dues" means the dues established
pursuant to the by-laws and regulations of the Institute as the dues payable by
its members as a consequence of their membership in the Institute, and shall not
include any initiation fee, insurance premium, or special levy (« cotisations
syndicales »);
"overtime" means work required by the Employer, to
be performed by the employee in excess of his daily hours of work (« heures
supplémentaires »);
**
"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);
"straight-time rate" means the employee hourly
rate of pay (« tarif normal »);
"time and one-half" means one and one half (1 1/2)
times the employee's hourly rate of pay (« tarif et demi »);
"weekly rate of pay" means an employee's annual
rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »);
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement,
(a) if defined in the Public Service Labour Relations Act,
have the same meaning as given to them in the Public Service Labour Relations
Act,
and
(b) if defined in the Interpretation Act, but not defined
in the Public Service Labour Relations Act, have the same meaning as
given to them in the Interpretation Act.
3.01 Both the English and French texts of this
Agreement shall be official.
4.01 The provisions of this Agreement apply to the
Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine
gender shall include the feminine gender.
5.01 All the functions, rights, powers and authority
which the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as
an abridgement or restriction of an employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
Preamble
For the purpose of this article: "Publication" shall
include, for example, scientific and professional papers, articles, manuscripts,
monographs, audio and visual products, and computer software.
7.01 The Employer agrees to continue the present
practice of ensuring that employees have ready access to all publications
considered necessary to their work by the Employer.
7.02 The Employer agrees that publications prepared
by an employee, within the scope of his employment, will be retained on
appropriate departmental files for the normal life of such files. The Employer
will not unreasonably withhold permission for publication. At the Employer's
discretion, recognition of authorship will be given where practicable in
departmental publications.
7.03 When an employee acts as a sole or joint author
or editor of a publication, the authorship or editorship shall normally be
acknowledged on such publication.
7.04
(a) The Employer may suggest revisions to a publication and may
withhold approval to publish.
(b) When approval for publication is withheld, the author(s)
shall be so informed in writing of the reasons, if requested by the employee.
(c) Where the Employer wishes to make changes in a publication
with which the author does not agree, the employee shall not be credited
publicly if the employee so requests.
8.01
For the purpose of this Article, a week shall consist of seven
(7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours
Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.
Clauses 8.02 to 8.07 do not apply to NU employees on shift work
8.02 Hours of work - General
(a) This paragraph does not apply to the DE, MD and NU groups.
The scheduled work week shall be thirty-seven and one-half (37
1/2) hours and the scheduled work day shall be seven and one-half (7 1/2)
consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m.
and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.
(b) Subparagraphs (i) to (v) apply to the NU Group only.
(i) For employees engaged in non-shift work, the normal work
week shall be thirty-seven and one-half (37 1/2) hours and the normal work
day shall be seven and one-half (7 1/2) consecutive hours, exclusive of a
meal period, between the hours of 7 a.m. and 6 p.m.
(ii) When normal hours, other than those provided in
subparagraph 8.02(b)(i), are in existence when this Agreement is signed, the
Employer, on request, will consult with the Institute on such hours of work
and in such consultation establish that such hours are required to meet the
needs of the public and/or the efficient operation of the service. Where
normal hours are to be changed so that they are different from those
specified in paragraph 8.02(b), the Employer, except in cases of emergency,
will consult in advance with the Institute on such hours of work and, in
such consultation, will establish that such hours are required to meet the
needs of the public and/or the efficient operation of the Service.
(iii) It is understood that consultation may be held at the
local level and will be referred to the appropriate Employer and Institute
levels before implementation.
(iv) Within five (5) days of notification of consultation
served by either party, the Institute shall notify the Employer in writing
of the representative authorized to act on behalf of the Institute for
consultation purposes.
(v) When operational requirements permit, an employee shall
not be scheduled to work in excess of fifty-two and one-half (52 1/2) hours
without at least two (2) consecutive days of rest
(c) Subparagraphs (i) to (iii) apply to the DE and MD groups
only.
(i) The normal hours of work shall average thirty-seven and
one-half (37 1/2) hours per week over each four-week (4) period. Subject to
the approval of the Employer, the hours of work shall be arranged to suit an
employee's individual duties.
(ii) A reconciliation of hours of work will be made by the
employee and the immediate supervisor for each four-week (4) period. In
computing the hours of work within the period, vacation and other leaves of
absence will account for seven and one-half (7 1/2) hours per day.
(iii) Where operational requirements permit, the normal work
week shall be Monday through Friday.
(d) This paragraph only applies to ND-DITs in hospitals.
The work week of Dieticians, in the ND Group, employed in
hospitals may be varied to accommodate local operational requirements provided
that such variations are not contrary to the provisions of clause 8.04.
8.03 Flexible hours
This clause does not apply to employees in the MD and DE groups.
Upon the request of an employee and the concurrence of the
Employer, an employee may work flexible hours on a daily basis so long as the
daily hours amount to seven and one-half (7 1/2).
8.04 Days of Rest
An employee shall be granted two (2) consecutive days of rest
during each seven (7) day period unless operational requirements do not so
permit.
8.05 Monthly Attendance Registers
Employees will submit monthly attendance registers; only those
hours of overtime and absences need be specified.
8.06 Compressed Work Week
Notwithstanding the provisions of this Article, upon request of
an employee and the concurrence of the Employer, an employee may complete his
weekly hours of employment in a period of other than five (5) full days provided
that over a period of twenty-one (21) or a period of twenty-eight (28) calendar
days the employee works an average of thirty-seven and one-half (37 1/2) hours
per week. As part of the provisions of this clause, attendance reporting shall
be mutually agreed between the employee and the Employer. In every twenty-one
(21) day period or in every twenty-eight (28) day period such an employee shall
be granted days of rest on such days as are not scheduled as a normal work day
for him.
Notwithstanding anything to the contrary contained in this
Agreement, the implementation of any variation in hours shall not result in any
additional overtime work or additional payment 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.
Implementation of this clause is subject to article 46,
Variations in hours of Work.
8.07 When operational
requirements permit, two (2) rest periods of fifteen (15) minutes each shall be
provided during each normal work day.
Clauses 8.08 to 8.25 apply only to NU employees on shift work
8.08 Shift Work - Definitions
(a) "shift schedule" means the arrangement of shifts
over a given period of time and includes days of rest and designated paid
holidays;
(b) "shift work" means rotation through two (2) or
more periods of eight (8) hours or longer where operational requirements
necessitate sixteen (16) or twenty-four (24) hours coverage each day or where
the requirements of the position would normally necessitate rotation but the
employee, with the approval of the Employer, works on permanent evening or night
duty.
8.09 Scheduled Work Week and Scheduled Work Day
Hours of work shall be scheduled so that employees, over a
minimum period of four (4) weeks work:
(a)
(i) an average of thirty-seven and one-half (37 1/2) hours
per week,
and
(ii) an average of five (5) days per week;
(b) seven and one-half (7 1/2) hours per day;
(c) the commencement and/or end of each shift may be varied by
fifteen (15) minutes to provide for the continuity of care and/or an appropriate
length of the meal period;
(d) the daily hours of work shall be consecutive and exclusive
of meal periods;
(e)
(i) notwithstanding subparagraph 8.09(a)(ii) and paragraph
8.09(b), upon the request of a three-quarter majority of the employees
affected and with the concurrence of the Employer, hours of work may be
modified provided no shift exceeds twelve (12) hours or is less than seven
and one-half (7 1/2) hours;
(ii) implementation of subparagraph 8.09(e)(i) is subject to
article 46, Variations in hours of work.
8.10
(a) When operational requirements permit, an employee shall
receive four (4) days' rest in every two (2) week period and scheduled so that
two (2) consecutive days of rest are received at a time. Upon request of an
employee and with the concurrence of the Employer, the employee's days of rest
may be split.
**
(b) Employees shall receive one (1) out of two (2) weekends
(Saturday and Sunday) off duty, except:
(i) when other scheduling is authorized by mutual agreement,
(ii) in Correctional Service Canada, wherever possible,
employees shall receive one (1) out of two (2) weekends off duty. However,
employees shall be granted one (1) out of three (3) weekends off duty.
(c) An employee may meet with local management to offer
scheduling suggestions to provide the maximum number of weekends off duty.
8.11 Where an employee's scheduled shift does not
commence and end on the same day, such shift shall be considered for all
purposes to have been entirely worked:
(a) on the day it commenced where half (1/2) or more of the
hours worked fall on that day,
or
(b) on the day it terminates where more than half (1/2) of the
hours worked fall on that day.
Accordingly, the first (1st) day of rest will be
considered to start immediately after midnight of the calendar day on which the
employee worked or is considered to have worked his last scheduled shift; and
the second (2nd) day of rest will start immediately after midnight of
the employee's first (1st) day of rest, or immediately after midnight
of an intervening designated paid holiday if days of rest are separated thereby.
8.12 The standard shift cycle will be scheduled as
follows:
12 midnight |
to |
8 a.m. |
8 a.m. |
to |
4 p.m. |
4 p.m. |
to |
12 midnight |
or |
|
|
11:30 p.m. |
to |
7:30 a.m. |
7:30 a.m. |
to |
3:30 p.m. |
3:30 p.m. |
to |
11:30 p.m. |
or |
|
|
11:00 p.m. |
to |
7:00 a.m. |
7:00 a.m. |
to |
3:00 p.m. |
3:00 p.m. |
to |
11:00 p.m. |
8.13
(a) Where standard shift cycles are to be changed so that they
are different from those specified in clause 8.12, the Employer, except in cases
of emergency, will consult in advance with the Institute on the timing of such
cycles and in such consultation establish that such cycles are required to meet
the needs of the public and/or the efficient operation of the Service.
(b) It is understood that consultation may be held at the local
level and will be referred to the appropriate Employer/Institute levels before
implementation.
(c) It is understood by the parties that the provisions of
clause 8.12 will not be applicable in respect of employees whose work week is
less than thirty-seven and one-half (37 1/2) hours per week.
8.14 Scheduling of Shifts
The Employer shall set up a shift schedule which shall cover a
minimum period of four (4) weeks, posted two (2) weeks in advance, which will
cover the normal requirements of the work area.
8.15
(a) The staffing, preparation, posting and administration of
shift schedules are the responsibility of the Employer.
(b) When a change in the shift schedule is required, the
Employer shall make every reasonable effort to notify employees on leave before
they return to work.
8.16 Provided sufficient advance notice is given and
with the approval of the Employer, employees may exchange shifts if there is no
increase in cost to the Employer.
8.17 Every reasonable effort shall be made by the
Employer to consider the wishes of the majority of employees concerned in the
arrangements of shifts within a shift schedule. Consideration shall be given to
an employee's request for permanent evening or night duty.
8.18 An employee who normally rotates shifts shall be
scheduled to work the majority of shifts on day duty whenever possible. For
purposes of verification, a period of twelve (12) complete weeks commencing with
the start of a shift schedule will be used or such longer period as may be
mutually agreeable with the staff concerned.
8.19 There shall be a time period of at least fifteen
(15) hours elapsing between changes to scheduled shifts, except in cases of
emergency. Upon request of an employee, and with the concurrence of the
Employer, the time period elapsing between changes to scheduled shifts may be
shorter than fifteen (15) hours.
8.20
(a) An employee who is required to change his scheduled shift
without receiving at least seventy-two (72) hours' notice in advance of the
starting time of such change in the scheduled shift, shall be paid for the first
(1st) shift worked on the revised schedule at the rate of time and
one-half (1 1/2). Subsequent shifts worked on the revised schedule shall be paid
for at the hourly rate of pay.
(b) In addition, where an employee reports for work without
notice of a change in his shift schedule, the employee shall receive four (4)
hours' pay at straight-time, should his service not be required.
(c) When a change in the shift schedule is required, the
Employer shall make every reasonable effort to personally notify employees on
leave before they return to work.
8.21 Notwithstanding anything to the contrary
contained in this Agreement, the implementation of any variation in hours
(subparagraph 8.09(e)(i)) shall not result in any additional overtime work or
additional payment 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.
8.22 Within five (5) days of notification of
consultation served by either party, the Institute shall notify the Employer in
writing of the representative authorized to act on behalf of the Institute for
consultation purposes.
8.23 Where operational requirements permit the meal
period will be as close to the middle of the shift as possible and will be taken
at a location other than the place of duty.
8.24 When operational requirements permit, two (2)
rest periods of fifteen (15) minutes each shall be provided during each normal
work day.
8.25 When operational requirements permit, an
employee shall not be scheduled to work in excess of fifty-two and one-half (52
1/2) hours without at least two (2) consecutive days of rest. Upon request of an
employee and with the concurrence of the Employer, the employee's days of rest
may be split.
9.01 When an employee is required by the Employer to
work overtime the employee shall be compensated as follows:
Paragraphs 9.01(a) and 9.01(b) do not apply to the MD and DE Groups
(a)
(i) time and one-half (1 1/2), except as provided for in
subparagraph 9.01(a)(ii);
(ii) double (2) time for all hours of overtime worked in
excess of seven and one-half (7 1/2) consecutive hours of overtime in any
contiguous period, and for all hours worked on the second (2nd)
or subsequent day of rest. Second or subsequent day of rest means the second
(2nd) or subsequent day in an unbroken series of consecutive and
contiguous calendar days of rest;
(b) on a holiday, the employee shall be paid, in addition to the
pay that he would have been granted had he not worked on the holiday:
(i) one and one-half (1 1/2) times his hourly rate of pay
for the first seven and one-half (7 1/2) hours worked;
and
(ii) two (2) times his hourly rate of pay for hours worked
in excess of seven and one-half (7 1/2) hours;
(iii) when an employee works on a holiday following a day of
rest on which the employee also worked and received overtime in accordance
with subparagraph 9.01(a)(ii), the employee shall be paid, in addition to
the pay that he would have been granted had he not worked on the holiday,
two (2) times his hourly rate of pay for all time worked.
(c) This paragraph applies to the MD and DE Groups only.
When an employee is required by the Employer to work overtime,
the employee shall be compensated at the rate of one and one-half (1 1/2) times
the employee's hourly rate of pay for each hour worked in excess of the normal
hours of work for each four-week (4) period.
9.02 All calculations for overtime shall be based on
each completed period of fifteen (15) minutes.
9.03 Except in cases of emergency, call-back,
stand-by or mutual agreement the Employer shall whenever possible give at least
twelve (12) hours' notice of any requirement for the performance of overtime.
9.04 Upon application by the employee and at the
discretion of the Employer, compensation earned under this Article may be taken
in the form of compensatory leave, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on 30 September of the next following fiscal year shall be
paid at the employee's daily rate of pay on 30 September.
9.05 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first (1st)
pay period after 30 September of the next following fiscal year.
9.06
**
(a) An employee who works three (3) or more hours of overtime
immediately before or immediately following his scheduled hours of work shall be
reimbursed for one meal in the amount of ten dollars fifty ($10.50), except
where free meals are provided. Reasonable time with pay to be determined by the
Employer shall be allowed the employee in order to take a meal either at or
adjacent to his place of work.
**
(b) When an employee works overtime continuously extending four
(4) hours or more beyond the period provided in (a) above, the employee shall be
reimbursed for one additional meal in the amount of ten dollars fifty ($10.50)
except where free meals are provided. Reasonable time with pay, to be determined
by the Employer, shall be allowed the employee in order that he may take a meal
break either at or adjacent to his place of work.
(c) Paragraphs 9.06(a) and (b) shall not apply to an employee
who is in travel status which entitles the employee to claim expenses for
lodging and/or meals.
9.07
(a) Subject to operational requirements of the service and
except in case of emergency, the Employer shall make every reasonable effort to
allocate overtime work on an equitable basis among readily available employees
who are deemed qualified by the Employer.
(b) Provided provisions of paragraph 9.07(a) are met, the
Employer endeavours to allocate overtime first to those employees who have
indicated a willingness to work overtime.
10.01 When an employee is called back to work or when
an employee who is on stand-by duty is called back to work by the Employer any
time outside his normal working hours the employee shall be entitled to the
greater of:
(a) a minimum of three (3) hours' pay at the applicable
overtime,
or
(b) compensation at the applicable overtime rate for each hour
worked.
10.02 This clause applies to the NU Group only
With respect to employees of Health Canada in the NU Group at
Nursing Stations, Health Centres and Health Stations, when there is no on-duty
supervision, call-back calculated in accordance with 10.01 will be paid once in
each 3-hour (3) period.
10.03 Upon application by the employee and at the
discretion of the Employer, compensation earned under this Article may be taken
in the form of compensatory leave, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on 30 September of the next following fiscal year shall be
paid at the employee's daily rate of pay on 30 September.
10.04 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first (1st)
pay period after 30 September of the next following fiscal year.
Clause 10.05 applies to the DE and MD Groups only
10.05 When an employee is called back to work without
prior notice at any time outside his normal hours of work, for work not
contiguous to his normal hours of work, the employee shall be entitled to the
greater of:
(a) Credit for all hours worked for the purpose of:
(i) subparagraph 8.02(c)(i),
or
(ii) paragraph 9.01(c) if the hours worked are in excess of
the normal hours of work for the applicable four (4) week period,
or
(b) A minimum:
(i) credit of four (4) hours of work for the purpose of
subparagraph 8.02(c)(i),
or
(ii) four (4) hours pay at the employee's hourly rate of pay
if the hours worked are in excess of the normal hours of work for the
applicable four (4) week period,
except that either minimum shall only apply once during a single
period of eight (8) hours.
11.01 When the Employer requires an employee to be
available on standby during off-duty hours an employee shall be compensated at
the rate of one-half (1/2) hour for each four (4) hour period or portion thereof
for which the employee has been designated as being on standby duty.
11.02 An employee on standby who is called in to work
by the Employer and who reports for work shall be compensated in accordance with
those clauses of Article 10, Call-Back, which are applicable to him.
11.03 An employee required to be on standby duty
shall be available during his period of standby at a known telecommunication
number and be able to return for duty as quickly as possible if called.
11.04 No standby duty payment shall be granted if any
employee is unable to report for duty when required.
12.01 Subject to clause 12.02, 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 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 (1st)
Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament
as a National Holiday.
12.02 An employee absent without pay on both his full
working day immediately preceding and his full working day immediately following
a designated paid holiday, is not entitled to pay for the holiday, except in the
case of an employee who is granted leave without pay under the provisions of
Article 30, Leave for Staff Relations Matters.
12.03 Designated Paid Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 12.01
coincides with an employee's day of rest, the holiday shall be moved to the
employee's first (1st) normal working day following his day of rest.
12.04 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of clause 12.03:
(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.
12.05 Compensation for Work on a Designated Paid Holiday
Paragraph 12.05(a) does not apply to the NU group
(a) Compensation for work on a designated paid holiday will be
in accordance with Article 9, Overtime.
Paragraphs 12.05(b) and 12.05(c) apply only to the NU Group
(b) Entitlement
On a designated paid holiday, an employee shall be entitled, in
addition to the pay he would have been granted had he not worked on the holiday:
(i)
(A) one and one-half (1 1/2) times his hourly rate of
pay for the first seven and one-half (7 1/2) hours worked;
and
(B) two (2) times his hourly rate of pay for hours
worked in excess of seven and one-half (7 1/2) hours;
or
(ii) when an employee works on a holiday following a day of
rest on which the employee also worked and received overtime in accordance
with subparagraph 9.01(a)(ii), two (2) times his hourly rate of pay for all
time worked.
(c) Compensation
The entitlement earned according to 12.05(b) shall be
compensated:
(i)
(A) in cash;
or
(B) upon request and with the approval of the Employer,
in the form of compensatory leave with pay. Compensatory leave earned in
a fiscal year and outstanding on 30 September of the next following
fiscal year shall be paid at the employee's daily rate of pay on 30
September;
or
(C) upon request and with the approval of the Employer,
a combination of cash and a lieu day, as follows:
(I) leave with pay (straight-time rate of pay) to
be taken at a later date comprising;
a day (7 1/2 hours) in lieu of the holiday;
(II) plus, if the employee's normal scheduled
daily hours are greater than seven and one-half (7 1/2) hours, the
number of hours equal to the difference between the employee's
normal scheduled daily hours and seven and one-half (7 1/2) hours;
and
(III) payment in cash for the entitlement not
already compensated under 12.05(c)(i)(C)(I).
(ii) Subject to operational requirements and adequate
advance notice, the Employer shall grant leave with pay mentioned in
12.05(c)(i)(C) at such times as the employee may request.
(iii) When in a fiscal year an employee has not been granted
all of his leave with pay mentioned in 12.05(c)(i)(C) as requested by him
such leave shall be carried over for one (1) year at the employee's request.
(iv) In the absence of such request, unused leave with pay
shall be paid off at the employee's straight-time rate of pay in effect when
the leave with pay was earned.
12.06 Designated Paid Holiday Coinciding with a Day of Paid Leave
Where a day that is a designated paid holiday for an employee
coincides with a day of leave with pay or is moved as a result of the
application of clause 12.03, the designated paid holiday shall not count as a
day of leave.
12.07 Subject to operational requirements, when an
employee works both Christmas Day and Boxing Day of the same year, the Employer
will endeavour not to schedule the employee for the same days in the following
year, provided there is no additional cost to the Employer and unless otherwise
requested by the employee.
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