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Letter of Understanding 03-1
List of Changes
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Radio Operations (RO)

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Radio Operations - List of Changes


List of Changes to the Agreement between the Treasury Board and The CAW Local 2182 - Radio Operations


ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01

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(h) "officer" means an employee as described in the Public Service Labour Relations Act, and who is a member of the bargaining unit;

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(p) a "common-law partner" means a person living in a conjugal relationship with an officer for a continuous period of at least one year (conjoint de fait);

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(u) "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);

ARTICLE 16
VACATION LEAVE WITH PAY

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16.05 The Employer shall give an officer as much notice as is practicable and reasonable of approval, denial or cancellation of a request for leave. In the case of denial, alteration or cancellation of such leave, the Employer shall give the written reason therefore, upon written request from the officer.

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16.14

(a) Officers shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the officer's second (2nd) anniversary of service, as defined in clause 16.02.

(b) Transitional Provision

Effective on date of signing of this collective agreement, officers with more than two (2) years of service, as defined in clause 16.02, shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.

(c) The vacation leave credits provided in clauses 16.14(a) and (b) above shall be excluded from the application of paragraph 16.07 dealing with the Carry-over and/or Liquidation of Vacation Leave.

ARTICLE 18
LEAVE WITH OR WITHOUT PAY FOR THE UNION
BUSINESS OR FOR OTHER ACTIVITIES UNDER THE
PUBLIC SERVICE LABOUR RELATIONS ACT

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Arbitration Board and Public Interest Commission Hearings

18.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of officers representing the Union before an Arbitration Board or Public Interest Commission.

18.05 The Employer will grant leave with pay to an officer called as witness by an Arbitration Board or Public Interest Commission and, when operational requirements permit, leave with pay to an officer called as a witness by the Union.

The Union Executive Council Meetings, Congress and Conventions

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18.13 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of Officers to attend meetings of the Board of Directors of the Union, Union Conventions, meetings of the National Union, meetings of the Canadian Labour Congress and the Municipal, Territorial and Provincial Federations of Labour.

ARTICLE 19
OTHER LEAVE WITH OR WITHOUT PAY

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Volunteer Leave

19.01 Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the officer shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) 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.

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

Bereavement Leave With Pay

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19.02 For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse, (including common-law partner resident with the officer), child (including child of common-law partner), stepchild or ward of the officer, grandparent, father-in-law, mother-in-law, grandchild and relative permanently residing in the officer's household or with whom the officer permanently resides.

(a) When a member of his immediate family dies, an officer shall be entitled to a bereavement period of five (5) consecutive calendar days, including the day of the funeral. During such period he shall be paid for those days which are not regularly scheduled days of rest for that officer. In addition, the officer may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

(b) An officer is entitled to up to one (1) day's bereavement leave with pay for the purpose related to the death of his son-in-law, daughter-in-law, brother-in-law or sister-in-law.

(c) If, during a period of compensatory leave, an officer is bereaved in circumstances under which he would have been eligible for leave under paragraph 19.02(a) or (b) of this clause, he shall be granted leave and his compensatory leave credits shall be restored to the extent of any concurrent leave granted.

(d) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances; on request, the Deputy Head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in paragraphs 19.02(a) and (b).

19.06 Maternity Allowance

(a)

(iii)

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(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:

(allowance received) X (remaining period to be worked
following her return to work)
      [total period to be worked
as specified in (B)]

however, an officer whose specified period of employment expired and who is rehired in any portion of the Public Service of Canada as specified in Schedule I and IV of the Financial Administration Act within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

19.08 Parental Leave Without Pay

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(c) Notwithstanding paragraphs (a) and (b) above, at the request of an officer and at the discretion of the Employer, the leave referred to with the paragraphs (a) and (b) above may be taken in two (2) periods.

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(d) Notwithstanding paragraphs (a) and (b):

(i) where the officer's child is hospitalized within the period defined in the above paragraphs, and the officer has not yet proceeded on parental leave without pay,

or

(ii) where the officer has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the officer was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the officer's care.

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(e) An officer who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the commencement date of such leave.

19.09 Parental Allowance

(a)

(iii)

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(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:

(allowance received) X (remaining period to be worked
following his/her return to work)
      [total period to be worked
as specified in (B)]

however, an officer whose specified period of employment expired and who is rehired in any portion of the Public Service of Canada as specified in Schedule I and IV of the Financial Administration Act within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

19.12

Personal Leave

(c)

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(i) Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the officer shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.

Leave with Pay for Family-Related Responsibilities

19.13

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(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the officer), children (including foster children, children of legal or common-law partner), parents (including stepparents or foster parents), or any relative permanently residing in the officer's household or with whom the officer permanently resides.

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Leave Without Pay for the Care of Immediate Family

19.14

(a) Both parties recognize the importance of access to leave for the purpose of care for the immediate family.

(b) For the purpose of this Article, family is defined as spouse (or common-law partner resident with the officer), children (including foster children or spouse or common-law partner) parents (including stepparents or foster parents) or any relative permanently residing in the officer's household or with whom the officer permanently resides.

(c) Subject to clause (b), an officer shall be granted leave without pay for the care of family in accordance with the following conditions:

(i) an officer shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given;

(ii) leave granted under this Article shall be for a minimum period of three (3) weeks;

(iii) the total leave granted under this Article shall not exceed five (5) years during an officer's total period of employment in the Public Service;

(iv) leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery;

(v) leave which is for a period of more than three (3) months, granted under this clause, shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay; and

(vi) time spent on such leave shall not be counted for pay increment purposes.

(d) An officer who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.

(e) All leave granted under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of previous Radio Operations collective agreements or other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an officer's total period of employment in the Public Service.

Transitional provisions

(f) These transitional provisions are applicable to officers who have been granted and have proceeded on leave on or after the date of signature of this agreement.

(i) An officer who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of a previous agreement continues on that leave for the approved duration or until the officer's return to work, if the officer returns to work before the end of the approved leave.

(ii) An officer who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of another agreement, continues on that leave for the approved duration or until the officer's return to work before the end of the approved leave.

ARTICLE 20
DESIGNATED PAID HOLIDAYS

20.07

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(a) 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;

ARTICLE 21
HOURS OF WORK AND OVERTIME

21.12

**

(a) An officer who works three (3) or more hours of overtime:

(i) immediately before his scheduled hours of work and who has not been notified of the requirement prior to the end of his last scheduled work period,

or

(ii) immediately following his scheduled hours of work

shall be reimbursed for one (1) meal in the amount of ten dollars fifty ($10.50) except where free meals are provided. Reasonable time with pay, to be determined by management, shall be allowed the officer in order that he may take a meal break either at or adjacent to his place of work. This clause shall not apply to an officer who is in travel status which entitles him to claim expenses for lodging and/or meals.

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(b) When an officer works overtime continuously extending four (4) hours or more beyond the period provided for in (a) above, he 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 management, shall be allowed the officer in order that he may take a meal break either at or adjacent to his place of work. This clause shall not apply to an officer who is in travel status which entitles him to claim expenses for lodging and/or meals.

ARTICLE 22
TRAVELLING

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22.03 Travel time shall include time necessarily spent at each stop-over en route provided such stop-over does not include an overnight stay.

22.04 Travel Status Leave

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(b) The maximum number of hours off earned under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.

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22.05 Use of Private Vehicle

With the agreement of the Employer, an officer may be permitted to use his private motor vehicle in place of a public carrier to proceed on training courses provided there is no extra cost to the Employer. The officer will be allowed the equivalent travel time and expenses including the lowest transportation costs as if the officer had travelled by public carrier. The public carrier costs will be the lowest available when the officer was notified in writing or by electronic format by the Employer that the officer had to attend a training course.

ARTICLE 23
SHIFT AND WEEKEND PREMIUMS

23.02

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(c) Weekend premium is not applicable to persons employed on a casual or temporary basis for a period of less than three (3) months, as defined in the Public Service Labour Relations Act.

ARTICLE 27
SEVERANCE PAY

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27.02 The period of continuous employment used in the calculation of severance benefits payable to an officer under this Article shall be reduced by any period of continuous employment in respect of which the officer was already granted severance pay, retiring leave, rehabilitation leave or cash gratuity in lieu thereof by the Public Service, a Federal Crown Corporation, the Canadian Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under this Article be pyramided.

ARTICLE 28
PAY ADMINISTRATION

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28.08

(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;

(ii) a retroactive upward revision in rates of pay shall apply to officers, former officers or in the case of death, the estates of former officers who were officers in the groups identified in Article 8 of this Agreement 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 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 officer 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 below the rate of pay being received prior to the revision;

(v) no payment or no notification shall be made pursuant to paragraph 28.08(b) for one dollar ($1.00) or less.

ARTICLE 46
DURATION

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46.02 This Agreement shall expire on April 30, 2007.

 

 
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