Ships' Officers (SO) 410

ARTICLE 29
SEVERANCE PAY

29.01 For the purpose of this Article, the terms:

(a) "Employer" includes any organization, service with which is included in the calculation of "continuous employment";

(b) "weekly rate of pay", subject to Appendices "H", "I" and "J", means the officer's hourly rate of pay as set out in Appendices "A", "B", "C" and "D" multiplied by forty (40), applying to the officer's classification, as shown in the instrument of appointment.

29.02 Lay-off

An officer with one (1) or more years of continuous employment who is laid off after October 28, 1969, shall be paid severance pay based on completed years of continuous employment less any period within the period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer. It shall be calculated at the rate of:

(a) On the first (1^st) lay-off two (2) weeks' pay for the first (1^st) year of continuous employment and one (1) week's pay for each succeeding completed year of continuous employment.

(b) On second (2^nd) or subsequent lay-offs one (1) week's pay for each completed year of continuous employment less any period in respect of which the officer was granted severance pay under this clause.

29.03 Resignation

(a) An officer who has ten (10) or more years of continuous employment on resignation shall be paid severance pay calculated by multiplying half the officer's weekly rate of pay on resignation by the number of completed years of continuous employment to a maximum of twenty-six (26) years less any period within that period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer.

(b) Notwithstanding paragraph 29.03(a), an officer who resigns to accept an appointment with an organization listed in Part II of Schedule I of the Public Service Staff Relations Act may choose not to be paid severance pay provided that the appointing organization will accept the officer's Part I service for its severance pay entitlement.

29.04 Retirement

An officer who is entitled to an immediate annuity or an officer who is entitled to an immediate annual allowance under the Public Service Superannuation Act and resigns shall be paid severance pay calculated by multiplying the officer's weekly rate of pay on termination of employment by the number of completed years of continuous employment less any period within that period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365 (three-hundred-sixty-five), to a maximum of thirty (30) week's pay.

29.05 Death

Regardless of any other payment to an officer's estate, if the officer dies there shall be paid to the estate, severance pay calculated by multiplying the officer's weekly rate of pay at the time of death by the number of completed years of continuous employment less any period within that period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer and, in the case of a partial year of continuous employment, one (1) weeks pay multiplied by the number of days of continuous employment divided by 365 (three hundred-sixty-five), to a maximum of thirty (30) week's pay.

29.06 Termination for Cause for Reasons of Incapacity

An officer who has completed more than one (1) year of continuous employment and who is released by reason of termination for cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial Administration Act shall be paid severance pay calculated by multiplying the officer's weekly rate of pay on termination by the number of completed years of continuous employment to a maximum of twenty-eight (28) years less any period within that period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer.

29.07 Rejection on Probation

An officer with more than one (1) year of continuous employment who ceases to be employed for reasons of rejection during his/her probationary period shall be paid severance pay calculated by multiplying the officer's weekly rate of pay on rejection during probation by the number of completed years of continuous employment to a maximum of twenty-seven (27) years less any period within that period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer.

29.08 Under no circumstances shall the maximum severance pay provided under this Article be pyramided.

ARTICLE 30
HOURS OF WORK AND OVERTIME

Hours of Work

30.01 Except as otherwise provided in Appendices "H", "I", "J" and "K", hours of work shall be designated so that officers:

(a) work eight (8) hours per day,

(b) work an average of forty (40) hours and five (5) days per week.

30.02 Unless otherwise provided in this Article officers assigned to the Lay-Day Crewing System are subject to Appendix "H", officers assigned to the Averaging System Forty-Two (42) hours are subject to Appendix "I", officers assigned to the On-Call System Average Forty-Six Point Six (46.6) Hours are subject to Appendix "J", and all other officers are subject to Appendix "K".

30.03

(a) Meal periods shall not constitute a part of any work period.

(b) However, the provisions of clause 30.03(a) above does not apply to officers who are required to eat during their work period.

30.04

(a) Any work which appears to be necessary for the safety of the vessel, passengers or crew shall be performed at any time on immediate call by all officers and, notwithstanding any provisions of this Agreement which might be construed to the contrary, in no event shall overtime be paid for work in connection with such emergency duties, of which the Master/Commanding Officer shall be the sole judge.

(b) The Master/Commanding Officer may require any officer to participate in lifeboat or other emergency drills without the payment of overtime.

30.05 The Employer may apply Appendix "I" to operations other than those presently operating under Appendix "I" upon mutual agreement being reached between the Guild and the Employer.

Overtime

30.06 In this Article:

(a) "overtime" means time worked by an officer in excess of his/her designated hours of work;

(b) "straight time" means the hourly rate of pay;

(c) "time and one-half" means one and one-half (1 1/2) times the straight time rate;

(d) "double time" means twice (2) the straight-time rate.

30.07 Overtime Compensation

(a) An officer performing overtime work which ceases before the expiration of one (1) hour shall nevertheless be credited with one (1) hour's overtime.

(b) After the first (1^st) hour of overtime, each further period of fifteen (15) minutes shall entitle the officer to one-quarter (1/4) the applicable hourly overtime rate.

(c) Subject to clauses 30.08 and 30.11, an officer is entitled to compensation at time and one-half (1 1/2) for overtime worked by him/her.

30.08 Subject to clause 30.11, an officer is entitled to compensation at double (2) time:

(a) for overtime worked following eight (8) hours of overtime worked in excess of the officer's normal daily hours of work;

(b) for overtime worked on the officer's days of rest in excess of his/her normal daily hours of work;

(c) when the officer is required by the Employer to work on two (2) or more consecutive and contiguous days of rest, for each hour worked on the second (2^nd) and each subsequent day of rest. Second (2^nd) or subsequent day of rest means the second (2^nd) or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest.

30.09 Meal Allowance

(a) For positions where meals are not provided by the Employer, an officer who works three (3) or more consecutive hours of overtime on a regular working day shall receive a meal allowance of ten dollars ($10.00) except where a free meal is provided.

(b) For positions where meals are not provided by the Employer, an officer who works overtime continuously beyond the period provided in clause 30.09(a) shall be reimbursed for one (1) additional meal in the amount of ten dollars ($10.00) for each four (4) hour period of overtime worked thereafter, except where a free meal is provided.

(c) For positions where meals are not provided by the Employer, an officer who works overtime on days of rest beyond the prior scheduled overtime worked shall receive a meal allowance of ten dollars ($10.00) after having worked three (3) consecutive hours of overtime beyond the prior scheduled overtime period and ten dollars ($10.00) for each four (4) hour period of overtime worked thereafter, except where a free meal is provided.

30.10 Assignment of Overtime Work

Subject to the operational requirements of the service, the Employer shall make every reasonable effort to give officers who are required to work overtime as much notice as is practicable of this requirement.

30.11 An officer who holds a position identified under Appendix "G" shall only be compensated for overtime worked on a day of rest not exceeding his/her normal daily hours of work.

30.12 The overtime provisions of this Agreement shall not apply to an officer attending a training course.

30.13 An officer's designated hours of work shall not be construed as guaranteeing the officer minimum or maximum hours of work.

30.14 Compensation in cash or leave with pay

(a) All overtime earned (Article 30), all compensation earned for performing Security Duty (Article 33), Travelling Time (Article 24), Call-back Pay (Article 31) Reporting Pay (Article 32), Dirty Work (Article 40) and all compensation earned for work on a Designated Holiday (Article 21) shall accumulate as compensatory leave at the equivalent cash value of the sub-group and level at which it is earned. Such accumulated compensatory leave shall be held in reserve to be liquidated in leave or cash at the request of the officer and the discretion of the Employer.

(b) Subject to clause (a) above and consistent with operational requirements, compensatory leave standing to the credit of the officer in excess of the cash equivalent of four hundred (400) hours at the officer's substantive level, will be paid off in cash at the officer's current rate of pay.

(c) Notwithstanding paragraph (b),

(d) When an officer commences compensatory leave, such leave shall be granted at the sub-group and level that is in effect on the day on which the compensatory leave is granted.

ARTICLE 31
CALL-BACK PAY

31.01 When an officer, after having completed his/her designated hours of work, has left the Employer's premises and is subsequently required to return to the Employer's premises to work overtime, the officer shall be paid the greater of:

(a) compensation at the applicable overtime rate for any work performed,

(b) compensation equivalent to three (3) hours' pay at the officer's applicable overtime rate of pay, to a maximum of eight (8) hours' pay in an eight (8) hour period.

provided that the period of overtime worked by the officer is not contiguous to the officer's designated hours of work.

31.02 When an officer is called back to work under the conditions described in paragraph 31.01, and is required to use transportation services other than normal public transportation services, the officer shall be reimbursed for reasonable expenses incurred as follows:

(a) mileage allowance at the rate normally paid to an officer when authorized by the Employer to use his/her automobile when the officer travels by means of the officer's own automobile,

(b) out-of-pocket expenses for other means of commercial transportation.

31.03 An officer who receives a call to duty or responds to a telephone or data line call after completing his or her work for the day and leaving his or her place of work may, at the discretion of the Employer, work at the officer's residence or at another place to which the Employer agrees, and receive compensation for time worked in accordance with the Overtime provisions. In such instances, officers shall not be entitled to the minimum compensation under clause 31.01(b).

31.04 Compensation under this Article is not to be construed as different from or additional to overtime pay, but shall be construed as establishing minimum compensation to be paid.

31.05 This Article does not apply:

(a) where an officer reports on board for sailing in accordance with the sailing time posted on the vessel's notice board or as otherwise required by the Master/Commanding Officer,

(b) if the officer is on the Employer's premises at the time of notification of the requirement to work overtime,

(c) when an officer is on security duty,

(d) to officers holding a position identified in Appendix "G".

ARTICLE 32
REPORTING PAY

32.01 If an officer is not notified prior to the commencement of the officer's designated hours of work that the officer is not required to report for duty and the officer reports for duty at the officer's designated starting time, the officer is entitled to the greater of:

(a) compensation at the applicable rate for any work performed,

(b) compensation equivalent to three (3) hours' pay at the applicable overtime rate.

32.02 This Article does not apply where an officer reports on board for sailing in accordance with the sailing time posted on the vessel's notice board or as otherwise required by the Master/Commanding Officer nor does it apply to officers holding the position of Master/Commanding Officer, Dredge Master or Chief Engineer, identified in Appendix "G".

ARTICLE 33
SECURITY DUTY

33.01 Where an officer is required to remain on board a vessel in order to be responsible for the safety and security of that vessel to respond to situations which may endanger personnel, the vessel or equipment, the officer shall be paid three-tenths (3/10) of his/her straight-time hourly rate for each completed half (1/2) hour of security duty, except that an officer subject to Appendix "I" shall be paid one-sixth (1/6) of his/her straight-time hourly rate for each completed half (1/2) hour of security duty. Compensation earned under this Article shall be paid in accordance with Appendix "K", Overtime Compensation (g), (h) and (i).

33.02 This Article does not apply to an officer who holds a position identified in Appendix "G".

33.03 Subject to clauses 25.02 and 25.03, where an officer is required to perform security duty on a non-equipped vessel, the officer shall receive a meal allowance in the amount of six dollars ($6.00) for each eight (8) hour period or portion thereof of continuous security duty.

ARTICLE 34
TECHNOLOGICAL CHANGE

34.01 The parties have agreed that in cases where, as a result of technological change, the services of an officer are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the National Joint Council Work Force Adjustment Agreement concluded by the parties will apply. In all other cases, the following clauses will apply:

34.02 "Technological Change" means:

(a) the introduction by the Employer of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of officers;

(b) a major change in the Employer's operation directly related to the introduction of that equipment or material which will result in significant changes in the employment status or working conditions of the officers.

34.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on officers which might result from such changes.

34.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days written notice to the Guild of the introduction or implementation of technological change.

34.05 The written notice provided for in clause 34.04 will provide the following information:

(a) the nature and degree of change;

(b) the anticipated date or dates on which the Employer plans to effect change;

(c) the location or locations involved.

34.06 As soon as reasonably practicable after notice is given under clause 34.04, the Employer shall consult with the Guild concerning the effects of the technological change referred to in clause 34.04 on each group of officers. Such consultation will include but not necessarily be limited to the following:

(a) the approximate number, class and location of officers likely to be affected by the change;

(b) the effect the change may be expected to have on working conditions or terms and conditions of employment on officers.

34.07 When, as a result of technological change, the Employer determines that an officer requires new skills or knowledge in order to perform the duties of his or her substantive position, the Employer will make every reasonable effort to provide the necessary training during the officer's working hours and at no cost to the officer.

ARTICLE 35
PAY ADMINISTRATION

35.01 Except as provided in this Article, the terms and conditions governing the application of pay to officers are not affected by this Agreement.

35.02 An officer is entitled to be paid for services rendered at the pay specified in Appendix "A", "B", "C" or "D" for the group, sub-group and level prescribed in the officer's certificate of appointment.

35.03

(a) The rates of pay set forth in Appendix "A", "B", "C" or "D" shall become effective on the date specified.

(b) Where the rates of pay set forth in Appendix "A", "B", "C" or "D" have an effective date prior to the date of signing of this agreement, the following shall apply:

35.04 When an officer is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for a temporary period of at least one (1) complete working day, the officer shall be paid acting pay calculated from the date on which the officer commenced to act as if the officer had been appointed to that higher classification level for that period in which the officer acts.

35.05 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 new levels resulting from the application of the standard, negotiate with the Guild the rates of pay and the rules affecting the pay of officers on their movement to the new levels.

35.06 The pay increment period for full-time officers shall be twelve (12) months and a pay increment shall be to the next rate in the scale of rates.

35.07 The annual pay increment date for officers appointed to a position in the bargaining unit upon promotion, demotion or from outside the Public Service, shall be the anniversary date of such appointment. The anniversary date for an officer who was appointed to a position in the bargaining unit prior to September 1, 1990 shall be the anniversary of the date on which he/she received his/her last pay increment.

35.08 The Employer will endeavour to make cash payments for overtime and other premium payments within four (4) weeks following the end of the calendar month in which it is earned.

ARTICLE 36
OFFICER PERFORMANCE REVIEW AND OFFICER FILE

36.01 When a formal review of an officer's performance is made, the officer concerned shall be given an opportunity to discuss and then sign the review form in question upon its completion to indicate that its contents have been read and understood.

36.02 At the request of the Guild and with the consent of the officer, the Employer at the appropriate level shall provide the Guild with the reasons and a description of the circumstances surrounding disciplinary action taken against the officer.

36.03 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an officer, the existence of which the officer was not aware at the time of filing or within a reasonable period thereafter.

36.04 Upon written request of an officer, notice of disciplinary action which may have been placed on the personal file of the officer shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.

36.05 Upon written request of an officer, the personnel file of that officer shall be made available once per year for the officer's examination in the presence of an authorized representative of the Employer.

ARTICLE 37
CONTRACTING OUT

37.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the Public Service of officers who would otherwise become redundant because work is contracted out.

ARTICLE 38
CANADIAN COAST GUARD OFFICER CADETS

38.01 Except as specifically provided in Appendix "E", the provisions of this Agreement do not apply to Canadian Coast Guard Officer Cadets.

ARTICLE 39
AGREEMENT RE-OPENER

This Agreement may be amended by mutual consent.

ARTICLE 40
DIRTY WORK ALLOWANCE

40.01 When an officer is required to:

(a) work in bilges and spaces below the bottom floor plates for periods in excess of fifteen (15) minutes,

(b) repair or maintain ships' sewage disposal tanks and associated piping, pumps and valves, including any part of a vessel's sewage system, which necessitates the officer to come into contact with effluent, or system components which are downstream from the fixture connection and contain effluent. The grey water system is not considered to be a part of the sewage disposal system.

(c) work on top of boilers while steam pressure is being maintained,

(d) work inside water tanks or work inside oil tanks that have contained oil, or work in the fire side of boiler furnaces, combustion chambers, or in air heater space. The grey water tank shall be considered to be a water tank for the purpose of the administration of clause 40.01(d). Work on the exhaust manifolds of the opposed piston Fairbanks-Morse engines (punching carbon) shall be considered to be the equivalent of work on the fire side of combustion chambers.

(e) come in physical contact with the pollutant while engaged in the cleaning up of oil spills in excess of two hundred (200) litres which resulted from a marine disaster, mechanical failure, bunkering or fuel transfer operations,

(f) repair or maintain the ships' grey water system, including holding tanks, associated piping, pumps and valves, provided the officer is required to come into direct contact with the grey water. Cleaning of clogged drains shall not constitute dirty work.

the officer shall receive, in addition to the appropriate rate of pay, an additional one (1) hours pay the officer's straight-time rate for each hour worked.

An officer is entitled to the above compensation on a prorata basis for each completed fifteen (15) minute period worked.

40.02 Supervision or inspection of duties described in clause 40.01(a), (b), (c) or (d) does not entitle an officer to the allowance specified in clause 40.01.

40.03 All of the foregoing duties must have the prior approval of the responsible manager before work is commenced.

ARTICLE 41
UNIFORMS AND SAFETY FOOTWEAR

41.01 Whenever items of clothing are supplied to officers as per the Employer's policy, or where the Employer has identified positions where the wearing of safety footwear is mandatory and the officers are in receipt of the safety footwear allowance, the officers shall wear the clothing and safety footwear whenever they are on duty in accordance with the departmental regulations.

ARTICLE 42
NATIONAL JOINT COUNCIL AGREEMENTS

42.01 Agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement, and which the parties to this agreement, have endorsed after December 6, 1978, will form part of this collective agreement, subject to the Public Service Staff Relations Act (PSSRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Schedule III of the PSSRA.

42.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Staff Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

ARTICLE 43
DURATION AND RENEWAL

**

43.01 The provisions of this Agreement will expire on March 31, 2006.

43.02 Unless otherwise expressly stipulated, the Agreement shall become effective on the date it is signed.

ARTICLE 44
TRAVELLING

44.01 Travelling Expenses on Leave or Termination

(a) When an officer serving on a vessel which is away from its home port:

(b) The payment of travelling expenses under the provisions of this clause shall be limited in any fiscal year to the expenses of one trip in connection with Vacation Leave and of one trip in connection with Bereavement Leave.

(c) An officer shall not be considered as being on vacation leave during any period in respect of which the officer's travelling expenses are paid by the Employer under clause 44.01(a)(i) but such period shall be limited to the normal travel time by the means of transportation authorized by the Employer from the point of disembarkation to the vessel's home port or to the officer's normal place of residence, whichever is less.

44.02 When an officer is serving on a vessel that is in refit or repair in a port other than the officer's home port for two (2) or more days preceding the officer's days of rest and is required to remain absent from the officer's home over the days of rest, the officer shall be reimbursed the cost of a ten (10) minute station-to-station long distance call at daily discount rates. The amount reimbursed shall not exceed the cost of a ten (10) minute station-to-station weekend call between the location of the officer's vessel in refit or repair and the home port of the vessel.

44.03 After seven (7) days at sea, away from the Officer's home port, and each subsequent seven (7) days away from home port, the Officer shall be provided access, off watch and subject to operational availability, to the vessel's telephone equipment to place a call to his/her home. The Officer will reimburse the department for the costs of the telephone call.

SIGNED AT OTTAWA, this 17^th day of the month of December, 2004.

**APPENDIX "A"

SO - SHIPS' OFFICERS GROUP
ANNUAL RATES OF PAY

The rates of pay shown below shall be effective on the dates indicated.

X) Effective April 1, 2003 (Restructure)
A) Effective April 1, 2003
B) Effective April 1, 2004
C) Effective April 1, 2005
(Arbitral Award - August 18, 2004)

PAY NOTES

**

Restructure

(1) Effective April 1, 2003, prior to any other pay revision which occurs on that date, employees MAO-TO to MAO-12 shall be paid in the "X" scale of rates at the rate of pay which is immediately below the employee's former rate of pay which is closest to but not less than the employee's former rate of pay.

(2) Employees at levels MAO-TO to MAO-12 who have been at the maximum rate of pay for their level for twelve (12) months or more on April 1, 2003, will move to the new maximum rate of pay effective April 1, 2003.

**APPENDIX "A-1"

SO - SHIPS' OFFICERS GROUP
WEEKLY RATES OF PAY

The rates of pay shown below shall be effective on the dates indicated.

X) Effective April 1, 2003 (Restructure)
A) Effective April 1, 2003
B) Effective April 1, 2004
C) Effective April 1, 2005
(Arbitral Award - August 18, 2004)

The weekly equivalent rates of pay shown above have been determined from the annual rates and may be subject to rounding in the payroll process.