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This is to confirm an understanding reached between the Employer and the
Union with respect to the administration of Designated Paid Holidays as
stipulated in Article 20.07 of the collective agreement for certain Radio
Operators.
Article 20.07(a) stipulates as follows:
On April 1st of each year each officer shall be credited with one
hundred and thirty-two (132) hours in lieu ("lieu hours") of
designated holidays;
The parties agree that the value of a single designated holiday is to be
calculated by dividing the total number of annual lieu hours by the total number
of holidays in a year (132 /11 = 12 hours).
Operational Radio Operators on leave without pay, educational leave or under
a suspension:
For Radio Operators who are on leave without pay, educational leave or under
a suspension, 12 hours will be deducted from the bank of "lieu" hours
for each holiday which occurs during the period of leave without pay,
educational leave or suspension, in accordance with the value of a single
designated paid holiday as established in the above paragraph.
Seasonal Officers:
Based on the above formula, seasonal officers will be credited with 12 hours
in their lieu hours bank for each designated paid holiday which occurs during
their period of seasonal employment. For each lieu day subsequently taken, the
officer's bank will be deducted on the basis of the officer's regularly
scheduled hours of work.
Operational Radio Operators temporarily assigned to Non-Operational duties:
For Radio Operators who are temporarily assigned to Non-Operating positions
and who are thereby in a position to enjoy the designated paid holiday, 12 hours
will be deducted from the bank of "lieu" hours for each holiday during
the temporary assignment, in accordance with the value of a single designated
paid holiday as established in the above paragraph. Non-Operating Radio
Operators who are temporarily assigned operational duties will be credited with
12 lieu hours for each holiday occurring during their assignment to operational
duties.
This is to confirm an understanding reached between the Employer and the
Union with respect to officers who perform the duties of an instructor at the
Canadian Coast Guard College, Sydney, Nova Scotia.
Notwithstanding the provisions of this collective agreement, the following
shall apply to officers who perform the duties of an instructor at the Canadian
Coast Guard College, Sydney, Nova Scotia.
Article 21 - Hours of Work and Overtime
Instructors shall not be required to provide classroom or similar instruction
in excess of an average of twenty (20) hours per week, averaged over a four (4)
month period.
Pedagogical Break - Canadian Coast Guard College
Instructors shall be granted a pedagogical break which will include all
calendar days between December 25 and January 2, inclusively. During this
period, instructors are entitled to thirty (30) hours of leave with pay, in
addition to three (3) designated paid holidays, as provided for under clause
20.01 of this Agreement.
Should January 2 coincide with an instructor's day of rest or with a day to
which a designated paid holiday has been moved, this day shall be moved to the
instructors first scheduled working day following the pedagogical break.
If an instructor performs authorized work during the pedagogical break on a
day other than a designated paid holiday or a normal day of rest, the instructor
shall receive compensation based on his or her normal daily rate of pay, in
addition to his or her usual pay for the day.
The Employer and the Union agree that for those officers to whom the
provisions of clause 02 of Article 21, Hours of Work, apply, the provisions of
the collective agreement which specifies days shall be converted to hours. Where
the collective agreement refers to a "day", it shall be converted to
seven decimal five (7.5) hours.
For greater certainty, the following provisions shall be administered as
provided herein:
For the purposes of this Memorandum of Agreement "calendar week"
means the one hundred and sixty-eight (168)-hour period commencing at 00:01
Sunday and terminating at 24:00 Saturday.
Article 2 - Interpretation and Definitions
Clause (e) "daily rate of pay" - shall not apply.
Article 15 - Leave - General
Officers shall have their accrued days of vacation, sick and lieu day credits
converted to hours of credits by multiplying the number of days by seven decimal
five (7.5). When an officer ceases to be subject to this Memorandum of Agreement
his credits will be converted to days by dividing the number of hours by seven
decimal five (7.5) and adjusting it upwards to the nearest half-day.
Article 16 - Vacation Leave
Clause 16.02 shall not apply and shall be replaced by:
16.02 Accumulation of Vacation Leave Credits
For each calendar month of a fiscal year in which an officer has earned pay
for at least seventy-five (75) hours at his hourly rate of pay, he shall earn
vacation leave credits at the rate of:
(a) six decimal two five (6.25) hours for an officer who has completed up to
one (1) year of service;
(b) nine decimal three seven five (9.375) hours for an officer who has
completed more than one (1) year of service;
(c) twelve decimal five (12.5) hours commencing with the month in which the
officer's eighth (8th) anniversary of service occurs;
(d) thirteen decimal seventy-five (13.75) hours commencing with the month in
which the officer's sixteenth (16th) anniversary of service occurs;
(e) fourteen decimal three seven five (14.375) hours commencing with the
month in which the officer's seventeen (17th) anniversary of service
occurs;
(f) fifteen decimal six two five (15.625) hours commencing with the month in
which the officer's eighteenth (18th) anniversary of service occurs;
(g) sixteen decimal eight seven five (16.875) hours commencing with the month
in which the officer's twenty-seventh (27th) anniversary of service
occurs;
(h) eighteen decimal seven five (18.75) hours commencing with the month in
which the officer's twenty-eighth (28th) anniversary of service
occurs;
(i) For the purpose of clause 16.02 only, all service within the Public
Service, whether continuous or discontinuous, shall count toward vacation leave
except where a person who, on leaving the Public Service, takes or has taken
severance pay. However, the above exception shall not apply to an officer who
receives severance pay on lay-off and is reappointed to the Public Service
within one (1) year following the date of lay-off.
16.10 Leave When Employment Terminates
When an officer dies or otherwise ceases to be employed, he or his estate
shall be paid an amount equal to the product obtained by multiplying the number
of hours of earned but unused vacation leave with pay to his credit by the
hourly rate of pay as calculated from the classification prescribed in his
certificate of appointment on the date of the termination of this employment,
except that the Employer shall grant the officer any vacation leave earned but
not used by him before the employment is terminated by layoff if the officer so
requests because of a requirement to meet minimum service requirements for
severance pay.
Article 17 - Sick Leave
Clause 17.01 shall not apply and shall be replaced by:
17.01 For each calendar month of a fiscal year in which an officer
receives pay for at least seventy-five (75) hours at his hourly rate of pay, he
shall earn sick leave credits at the rate of nine decimal three seven five
(9.375) hours at his hourly rate of pay for each month.
Clause 17.04 shall not apply and shall be replaced by:
17.04 Where an officer has insufficient or no credits to cover the
granting of sick leave with pay under the provisions of clause 17.02, sick leave
with pay may, at the discretion of the Employer, be granted:
(a) for a period of up to one hundred and eighty-seven decimal five (187.5)
hours if he is awaiting a decision on an application for injury-on-duty leave,
or
(b) for a period of up to one hundred and twelve decimal five (112.5) hours
if he has not submitted an application for injury-on-duty leave, subject to the
deduction of such advanced sick leave from any sick leave credits subsequently
earned.
Article 20 - Designated Paid Holidays
20.08 A designated paid holiday shall account for seven decimal five
(7.5) hours only. When a designated paid holiday falls on a workday, or is moved
to a workday under the provisions of clause 20.03, of an officer to whom the
provisions of clause 21.02 apply, the officer shall be required to account by
work or by authorized leave with pay for thirty (30) hours at his hourly rate of
pay in the calendar week in which the designated paid holidays are observed.
20.09 When two (2) designated paid holidays fall on two (2) workdays
in the same calendar week, or are moved to two (2) workdays in the same calendar
week under the provisions of clause 20.03, of an officer to who, the provisions
of clause 21.02 apply, the officer shall be required to account by work or buy
authorized leave with pay for twenty-two decimal five (22.5) hours at his hourly
rate of pay in the calendar week in which the designated paid holidays are
observed.
Article 22 - Travelling Time
Paragraph 22.01(b) shall not apply and shall be replaced by:
22.01
(b) On a normal working day on which he travels and works, the officer shall
be paid:
(i) his regular pay for the day for a combined period of travel and work
not exceeding his normal daily hours of work as established pursuant to clause
21.02,
and
(ii) at the applicable overtime rate for additional travel time in excess
of the period of work and travel determined in (i) above, with a maximum
payment for such additional travel time not to exceed twelve (12) hours' pay
at the straight-time rate in any day.
**
This Memorandum of Agreement shall be effective on the date of signing and
shall expire on April 30, 2007.
The parties agree that it may be operationally advantageous to implement work
schedules for operating officers that vary from clause 21.03. Accordingly, the
Employer agrees to consult with the Union during the currency of this Collective
Agreement in order to consider the practicability of instituting such work
schedules on a trial basis.
It is further agreed that the implementation of any such variation in hours
shall not result in any additional overtime work or additional payment by reason
only of such variation nor shall the Employer's right to schedule any hours of
work permitted by the terms of the collective agreement be restricted.
**
Notwithstanding the provisions of the RO Collective Agreement, the Treasury
Board and the Union agree that special hours of work arrangements may be
implemented at certain work units of Department of Fisheries and Oceans where
officers work on a rotating or irregular shift basis, subject to all of the
following considerations:
(a) normal scheduled hours of work must average thirty-seven decimal five
(37.5) hours per week;
(b) any special arrangement applicable to a work unit is restricted to that
work unit and shall apply to all officers of the work unit;
(c) any special arrangement may be at the request of either party and must be
mutually agreed between the Employer and the majority of officers affected;
(d) any special arrangement shall be subject to the approval of regional
management and authorized bargaining agent representative at the regional level;
(e) where a special arrangement is not approved at the regional level, the
matter shall be referred to the Employer and the bargaining agent at the
headquarters level for consultation.
Where the above special arrangements are implemented the following provisions
shall apply:
(1) Article 15 - Leave - General
Officers shall have their accrued days of vacation, sick and lieu day credits
converted to hours of credits by multiplying the number of days by seven decimal
five (7.5). When an officer ceases to be subject to this Memorandum of Agreement
his credits will be converted to days by dividing the number of hours by seven
decimal five (7.5) and adjusting it upwards to the nearest half-day.
(2) Article 16 - Vacation Leave
Vacation entitlements and debits shall be in accordance with the current
Collective Agreement but shall be converted to hours on the basis of one (1) day
equals seven decimal five (7.5) hours and one (1) week equals thirty-seven
decimal five (37.5) hours. Vacation leave shall be granted on the same days of
work, days of rest pattern as the normal work schedule.
(3) Article 17 - Sick Leave
Sick leave entitlements and debits shall be in accordance with the current
Collective Agreement but shall be converted to hours on the basis of one (1) day
equals seven decimal five (7.5) hours and one (1) week equals thirty-seven
decimal five (37.5) hours.
(4) Article 20 - Designated Paid Holidays
Effective March 30, 1999 the following concerning designated holidays ceases
to apply.
Where an officer works on a designated holiday he shall be paid in addition
to the pay that he would have been granted had he not worked on the holiday:
(a) one and one-half (1 1/2) times his hourly rate of pay for the first eight
(8) hours worked;
(b) hourly rate of pay for hours in excess of the first eight (8) hours to
the end of his regular scheduled hours of work;
(c) two (2) times his hourly rate of pay for hours worked in excess of his
regular scheduled hours of work;
or
Upon request, and with the approval of the Employer, he shall be granted:
(a) seven decimal five (7.5) hours' leave with pay in lieu of the holiday;
(b) pay at one and one-half (1 1/2) times his hourly rate of pay for the
first eight (8) hours;
(c) hourly rate of pay for hours in excess of the first eight (8) hours to
the end of his regular scheduled hours of work;
and
(d) double (2) time for hours in excess of the regular scheduled hours of
work.
(5) Article 21 - Hours of Work and Overtime
(a) Hours of Work
Hours of work for officers subject to this Memorandum of Agreement shall be
scheduled so that officers work an average of thirty-seven decimal five (37.5)
hours per week scheduled over a period not exceeding one hundred and twelve
(112) days.
(b) Overtime Compensation
Each six (6) minute period of overtime shall be compensated for at the
following rates:
(i) time and one-half (1 1/2), except as provided for in sub-paragraph
(ii), (iii), (iv) or (v);
(ii) on a scheduled normal working day for the officer, double time (2) for
all hours of overtime worked in excess of eight (8) consecutive hours of
overtime in any contiguous period;
(iii) on a day of rest double (2) time for all hours worked in excess of
the hours scheduled for the shift which the officer works on that day;
(iv) double time (2) for all hours worked on a second or subsequent day of
rest in an unbroken series of consecutive and contiguous days of rest,
provided the officer has worked and has received time and one-half (1 1/2) his
straight-time hourly rate on a day of rest in that series;
(v) time and three-quarter (1 3/4) for all hours of overtime worked by an
officer working variable hours, on a working day or on days of rest.
(6) Article 28 - Pay Administration
Acting pay provided under 28.03 shall be in accordance with the current
Collective Agreement but shall be converted to hours on the basis of one (1) day
equals seven decimal five (7.5) hours and one (1) week equals thirty-seven
decimal five (37.5) hours.
(7) The special arrangement which has been implemented at a work unit under
the provisions of this Memorandum of Agreement may be discontinued sixty (60)
days following written notice from either party, or earlier if mutually agreed.
**
This Memorandum of Agreement shall be effective on the date it is signed and
shall expire on April 30, 2007.
The parties agree to establish a joint study group comprised of equal
representation to meet within one hundred and twenty (120) days of the signing
of the present agreement. The study group will review issues of concern
pertaining to learning and professional development as well as assess any
specific or global needs of Marine Communications and Traffic Service officers
which may be jointly referred to it by the parties.
The committee will submit its findings and its recommendations to the parties
within one (1) year of its first (1st) meeting.
Time spent by the members of the joint study group shall be considered time
worked. All other costs will be the responsibility of each party.
January 10, 2003
Mr. Martin Grégoire
President
CAW, Local 2182
207 Bellevue Street
Scott, Quebec
G0S 3G0
RE: Radio Operations Group
Informal Complaint Process
This letter is to give effect to the understanding reached between the
Employer and the Union in negotiations for the renewal of the Radio Operations
Collective Agreement.
The parties acknowledge the mutual benefits of discussing an employee's
complaint. As such they will encourage discussions to take place prior to the
presentation of a formal grievance in accordance with clause 34.05. These
discussions should include the employee, his representative where requested and
the Employer's representative designated to respond to grievances at the first
level of the grievance procedure.
Yours sincerely,
F. R. Jamieson
Negotiator
Collective Bargaining
Labour Relations and
Compensation Operations
Human Resources
Management Office
Treasury Board Secretariat
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