Ships' Officers (SO) 410

The weekly lay-day rates of pay shown above have been determined from the annual lay-day rates of pay and are subject to rounding in the payroll process.

**APPENDIX "C-3B"

SO - SHIPS' OFFICERS GROUP
LAY-DAY OPERATIONAL MANNING SYSTEM
LAY-DAY RATES OF PAY

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

PAY NOTES

Restructure

(1) Effective April 1, 2003, prior to any other pay revision which occurs on that date, employees RAD-1 to RAD-3 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 RAD-1 to RAD-3 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 "D"

SO - SHIPS' OFFICERS GROUP
RATES OF PAY

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

PAY NOTES

Restructure

(1) Effective April 1, 2003, prior to any other pay revision which occurs on that date, employees INS-1 to INS-2 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 INS-1 to INS-2 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 "E"

CANADIAN COAST GUARD
OFFICER CADETS

1. The provisions of Article 10, Check-off, Article 11, Officers' Representatives, Article 13, Information, Article 14, Information for Officers, Article 15, Provision of Bulletin Board Space, Article 18, Grievance Procedure, Article 22, Sick Leave With Pay, Article 26, Safety and Health, when an Officer Cadet is serving aboard a vessel during his sea training period, and Article 28, Marine Disaster, of the Ships' Officers Collective Agreement signed on June 26, 1991, shall apply to Canadian Coast Guard Officer Cadets.

2. Canadian Coast Guard Officer Cadets shall continue to be provided with meals and quarters, either in cash or kind, in accordance with the policy of the Employer in effect on this date.

3. Canadian Coast Guard Officer Cadets shall earn vacation leave at the rate of one and two-thirds (1 2/3) days per month, which leave may be scheduled by the Employer at any time during the academic year in which it is earned or during the summer immediately following. In addition, a cadet may be granted up to two (2) additional days per year for purposes of travel and may be reimbursed his/her actual and reasonable travelling expenses for one trip per year from his/her place of duty to the place of his/her permanent residence and return, less twenty-five dollars ($25.00).

4. The Guild recognizes that, in accordance with the contract between Her Majesty the Queen and each officer cadet, a cadet has an obligation to complete his/her training at the Canadian Coast Guard College and to serve in Her Majesty's service for a minimum of four (4) years following graduation from the college. In the event that a cadet should withdraw or be removed from the cadet training plan or abandon his/her commitment to serve for four (4) years following graduation, the cadet may be required to repay the total amount of monthly allowance received by him/her less the allowance paid to him/her in the first six (6) months of the training period, or such lesser amount as Her Majesty may determine.

6. Where a Cadet proceeds on sea training he/she shall receive, in addition to the allowance specified in paragraph 5 above, a monthly sea training allowance as set out below.

This monthly sea training allowance shall be prorated on a calendar day basis if the sea training period does not start at the beginning of or terminate at the end of a calendar month. This monthly allowance shall be prorated on a calendar basis to take into account any time when the Cadet is on leave with or without pay.

The sea training allowance recognizes that a Cadet is required to undertake practical assignments during and outside normal hours.

APPENDIX "F"

SPECIAL ALLOWANCES

The Employer and the Canadian Merchant Service Guild agree that Officers with specialized training and qualifications shall receive the following allowance in accordance with the conditions set out for each allowance.

Rescue Specialist Allowance

Effective April 1 2003, an officer who completes the required training and becomes a Certified Rescue Specialist shall receive an monthly allowance of one hundred and twelve ($112) for each month the officer maintains such certification and is assigned to a sea going position where the officer may be required by the Employer to perform such duties.

Effective April 1, 2004, the allowance is increased to one hundred and fifteen dollars ($115).

Effective April 1, 2005, the allowance is increased to one hundred and eighteen dollars ($118).

Fisheries Enforcement Allowance

Effective April 1 2003, an officer who completes the required training in Fisheries Enforcement shall receive a monthly allowance of two hundred and seventy-nine ($279) for each month the officer maintains such qualifications and is assigned to a sea going position where the officer may be required by the Employer to participate in enforcement duties.

Effective April 1, 2004, the allowance is increased to two hundred and eighty-six dollars ($286).

Effective April 1, 2005, the allowance is increased to two hundred and ninety-three dollars ($293).

Armed Boarding Allowance

Effective April 1 2003, an officer, once qualified, shall be paid a monthly allowance of one hundred and sixty-seven dollars ($167) for each month the officer is assigned to a sea going position on selected Offshore Patrol Vessels of the Department of Fisheries and Oceans, which carry special armaments for the purpose of enforcement duties, where the officer may be required by the Employer to participate in armed boarding activity.

Effective April 1, 2004, the allowance is increased to one hundred and seventy-one dollars ($171).

Effective April 1, 2005, the allowance is increased to one hundred and seventy-five dollars ($175).

Diving Duty Allowance

Effective April 1 2003, a qualified officer who is required to perform diving duties and maintain diving equipment on vessels shall be entitled to receive an allowance of seven hundred and eight-one dollars ($781) per year. This Allowance shall be paid on the same basis as that for the officer's regular pay.

Effective April 1, 2004, the allowance is increased to eight hundred and one dollars ($801).

Effective April 1, 2005, the allowance is increased to eight hundred and twenty-one dollars ($821).

Nuclear Emergency Response Team

Officers working at CFB Esquimalt and CFB Halifax, who are designated as members of a Nuclear Emergency Response Team, are trained, maintain their qualifications and are assigned duties, shall receive a monthly allowance of one hundred and fifty dollars ($150).

General

2. These allowances shall form part of pay for purposes of Article 29 Severance Pay.

APPENDIX "G"

EXTRA RESPONSIBILITY ALLOWANCE

This allowance is paid to officers described in this Appendix in recognition of the additional responsibilities involved in the performance of the regular duties of the position. This also recognizes that, notwithstanding the Hours of Work and Overtime provisions of the Agreement, the normal hours for Officers identified by this Appendix extend beyond those described by the Hours of Work and Overtime provisions.

1. An officer assigned as Master/Commanding Officer or Chief Engineer on "C" Class Vessels and above, or as Master/Commanding Officer or Chief Engineer on Department of National Defence Glen Class tugs and "S" Class Torpedo and Ship Ranging Vessels, shall be paid an extra responsibility allowance based on the sub-group and level prescribed in his/her certificate of appointment, as follows:

2. The Employer may apply this Appendix to operations or vessels other than those listed in 1 above after consultation with the Guild.

3. This extra responsibility allowance will continue to be paid to an officer assigned ashore for training purposes, or to a shore-based position on an acting basis or otherwise for any period up to a maximum of one-hundred and twenty (120) calendar days. The officer will continue to receive the allowance only if the monthly basic pay for the position to which he/she is temporarily assigned would be less than the basic monthly pay plus the extra duty allowance in his/her substantive position.

4. An officer who is appointed to a position in a regional or relief pool is entitled to receive this extra responsibility allowance on the basis described in paragraph 1 during those periods which he/she is serving on a vessel.

5. The extra responsibility allowance shall be considered as part of pay for purposes of the Public Service Superannuation Act (PSSA), Disability Insurance (DI), the Public Service Management Insurance Plan (PSMIP) and Severance Pay (Article 29).

APPENDIX "H"

LAY-DAY OPERATIONAL
CREWING SYSTEM

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the operation of vessels, or other appropriate situations where the Employer deems that continuous operations are desirable, on the lay-day crewing system.

The Employer shall make every reasonable effort to allow an officer the option of electing not to serve on a lay-day system, if the officer does so in writing.

The number of vessels operating on the lay-day crewing system can be modified from time to time through consultation by the parties.

Notwithstanding the provisions of the Ships' Officers Collective Agreement, the following conditions shall apply:

Lay-Days

General

(a) Subject to operational requirements, the Employer will operate the selected vessels on a lay-day system. Under this system, all days will be considered as working days and there will be no days of rest.

(b) "Lay-day" means a day off work with pay to which an officer becomes entitled by working on the Lay-Day Crewing System for a number of days. A lay-day shall be considered a part of the work cycle and as such is not considered as a day of authorized leave with pay.

Officers will be informed of the anticipated work schedule for the operational year. Officers will be notified of changes to the anticipated work schedule at the earliest possible time. Normally, officers will receive two (2) months notice of changes to the anticipated work schedule, with a minimum of fourteen (14) days notice.

(c) The workday will consist on-duty-cycle of twelve (12) hours of work per day. For each day worked or for each on-duty-cycle day on which an officer is on authorized leave with pay other than compensatory leave and vacation leave with pay, an officer shall earn one (1) lay-day in addition to the officer's Lay-Day pay.

(d) An officer will be compensated at the applicable annual rate of pay as described in Appendix "A3", "B3" or "C3" of the Ships' Officers Collective Agreement. In order to maintain the officer's weekly rate of pay, the officer must either:

(i) work,

(ii) be on lay-days,

(iii) be on authorized leave with pay.

In the event that an officer does not work and is neither on lay-days nor on authorized leave with pay, his regular pay shall be deducted by an amount equal to his lay day rate of pay for each day's absence, unless the officer has received an advance of lay-day credits.

(e) It is recognized that lay-days are intended to be taken as time off work with pay. Normally, lay-days shall be paid in cash in cases of termination of employment or permanent appointment to a position which is not on a vessel operating on the lay-day system, or is not within the same department or region. However, at the request of the officer and with the concurrence of the Employer, lay-days may be converted into compensatory leave.

For the purpose of cashing in earned lay-days, a lay-day will equal the lay-day rate of pay multiplied by one decimal five (1.5).

Advancement of Lay-Day Credits

At the Employer's discretion, lay-day credits may be advanced to an officer, subject to the deduction of such advanced credits from any lay-day credits subsequently earned.

In the event of termination of employment for reasons other than death or lay-off, the Employer shall recover the advance from any monies owed the officer.

Leave - Interpretation

Sick leave With Pay and Injury on Duty Leave can only be granted during the on-duty cycle.

Administration

(a) Lay-day credits shall be accumulated at the rate of pay for the sub-group and level at which they are earned.

(b) Lay-day credits may be prorated on the basis of the hours in the normal work day.

(c) Lay-days which have been displaced by vacation leave may be paid out at the direction of the Employer. The officer will have the option of converting these days to either cash or compensatory leave. Lay-days displaced by vacation leave will be paid in cash at the officer's lay-day rate of pay multiplied by two decimal zero (2.0).

(d) An officer who has reported for work without being notified not to report, and remains ashore waiting to board his or her vessel for crew change, shall be considered to be at work and is entitled to meals and quarters under Article 25.

(e) Where the Employer alters the scheduled "off cycle" the Employer shall reimburse the officer's non-refundable portion of travel contracts or reservations made by the officer with respect to that period, subject to the presentation of such documentation as the Employer may require. The officer will make every reasonable attempt to mitigate any loss incurred and will provide proof of such action to the Employer.

(f) At the request of the officer and with the concurrence of the Employer, compensation earned in accordance with Article 21, Designated Holidays, may be converted into compensatory leave.

(g) An officer shall not accumulate more than sixty-five (65) days in their lay-day bank. In circumstances where an officer is required to work after accumulating sixty-five (65) days the officer shall be paid, in addition to his/her regular pay and lay-day factor, the cash equivalent of one decimal five (1.5) lay days for each day worked beyond the sixty-five (65) day cap.

The premium payment may be waived after agreement between the Employer and the Guild.

(h) For the purposes of overtime or any other hourly rated benefit the hourly rate shall be the appropriate rate found in Appendix "A-2".

Article 2 - Interpretation and Definitions

(f) "Day" in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at the designated crew change time.

Article 20 - Vacation Leave With Pay

An officer shall earn vacation leave credits at the rate prescribed for his years of continuous employment, as set forth in Article 20 of the Collective Agreement, for each calendar month for which he receives at least two (2) weeks' pay.

For the purpose of granting vacation leave for officers subject to the lay-day system, in accordance with this Appendix, all vacation leave credits for officers entering or in the lay-day system will be multiplied by a factor of two decimal one (2.1). For employees leaving the system, vacation leave credits will be adjusted by reversing the factor.

Article 21 - Designated Holidays

(a) For each designated holiday for which an officer does not work, the officer shall receive his regular pay for that day plus eight (8) hours pay at the straight-time rate, and a lay-day will be deducted from the officer's lay-day bank.

(b) For each designated holiday for which an officer is required to, and does work:

(i) an officer shall receive, in addition to his regular pay and lay-day factor, the cash equivalent to two decimal fifty (2.50) lay-days;

(ii) an officer shall be entitled to be compensated in accordance with the overtime compensation clause above, for work performed on a designated holiday in excess of twelve (12) hours.

(c) For each designated holiday for which an officer is scheduled to work, but is granted the designated paid holiday off, the officer will receive his/her regular lay-day pay and his/her lay-day credit for that day. A lay-day credit will not be deducted from the officer's lay-day bank and the officer will not be entitled to any additional pay.

Article 22 - Sick Leave With Pay

An officer shall earn sick leave credits under Article 22 for each calendar month for which he receives at least two (2) weeks' pay.

Article 24 - Travelling Time

An officer who is subject to Appendix "H" and who travels on a lay-day in accordance with the provisions of clauses 24.02 and 24.03 of the Collective Agreement shall be paid at the applicable overtime rate as specified in the overtime clause of Appendix "H" for travelling time to a maximum of eight (8) hours' pay at the applicable overtime rate.

Article 25 - Meals and Quarters

Notwithstanding clauses 25.01, 25.02 and 25.03, but subject to clause 25.06, when an officer is required by the Employer to attend legal proceedings, training or other such work related activities, the Employer reserves the right, where in its opinion circumstances warrant, to reimburse actual and reasonable costs incurred for meals and/or lodging, where such costs exceed the amounts in 25.01, 25.02 or 25.03.

Article 29 - Severance Pay

For the purpose of this Article, "weekly rate of pay" means the officers lay-day rate of pay as set out in Appendices "A-3B", "B-3B" and "C-3B" multiplied by seven (7), applying to the officer's classification, as shown in the instrument of appointment.

Article 30 - Hours of Work and Overtime

(a) clauses 30.07 and 30.08 of the Ships' Officers Collective Agreement, except that clause 30.07(c), 30.08(b) and (c) shall not apply;

and

(b) an officer shall be entitled to compensation at time and one-half (1 1/2) for overtime worked in excess of his/her regularly scheduled hours of work, except when an officer works more than eighteen (18) consecutive hours without six (6) consecutive hours of rest, he shall be paid at the double time rate (2T) for all hours in excess of eighteen (18) hours.

(c) an officer shall be entitled to compensation at time and one-half (1 1/2) for overtime worked in excess of his/her regularly scheduled hours of work. An officer shall be entitled to compensation at double time for overtime work of more than six (6) hours in excess of his/her regularly scheduled hours of work.

(2) An officer may leave the vessel after receiving permission from the Master/Commanding Officer.

(3) In the case of vessels assigned primarily to Search and Rescue operations, officers shall be available to return to the vessel within thirty (30) minutes. In the case of vessels whose primary function is not Search and Rescue, officers shall be available to return to the vessel within one (1) hour.

Non-Watchkeeping Vessels

Standby

Where the Employer requires an officer working on "non-watchkeeping" vessels to be available on standby during off duty hours, an officer shall be entitled to a standby payment of one (1) hours pay, at the straight time rate, for each eight (8) hours, or part thereof, that he/she is on standby.

Hours of Work

APPENDIX "I"

AVERAGING SYSTEM
FORTY-TWO (42) HOURS

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the operation of vessels on the Averaging System forty-two (42) hours.

Notwithstanding the provisions of the Ships Officers collective agreement the following conditions shall apply.

Article 2 - Interpretation and Definitions

(g) "Day of rest" in relation to an officer means the twenty-four (24) hour period during which that officer is not ordinarily required to perform the duties of his/her position other than by reason of the officer being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at designated crew change time or immediately following a preceding day of rest in any unbroken period of consecutive and contiguous days of rest.

For officers described in Article 30 (c) of this Appendix:

(f) "Day" in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at 00:00:

Article 20 Vacation Leave With Pay

An officer shall earn vacation leave credits at the rate prescribed for his or her years of continuous employment, as set forth in Article 20 of the Collective Agreement, for each calendar month for which he receives at least eighty-four (84) hours' pay.

An officer shall have his or her accrued hours of vacation leave with pay adjusted to an hourly credit by multiplying the number of hours under Article 20 by a factor of one decimal four-seven (1.47).

Should an officer leave the Ships' Officers Group or the Appendix "I" operating system, the officers' credits will be converted to hours by applying the above formula in reverse.

Vacation Leave with pay will be granted in hours with the hours being debited each day equal to 12.28 hours per day.

Vacation Leave may be granted only on those days that are otherwise days of work.

Article 22 Sick Leave with Pay

An officer shall have his or her accrued hours of sick leave with pay adjusted by an hourly credit by multiplying the number of hours under Article 22 by a factor of one decimal four-seven (1.47).

Should an employee leave the Ships Officers group or the Appendix "I" operating system, the employee's credits will be converted to hours by applying the formula m reverse.

Sick leave with pay may be granted only on those days that are, otherwise, scheduled days of work.

Sick Leave with Pay shall be granted on an hourly basis, with the hours debited for each day of sick leave being equal to 12.28 hours per day.

Where an officer has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 22.05, sick leave with pay may, at the discretion of the Employer, be granted:

(a) if the officer is awaiting a decision on an application for injury-on-duty leave,

(i) for a period of up to two hundred and ten (210) hours;

(i) for a period of up to one hundred and twenty-six (126) hours

subject to the deduction of such advanced leave from any sick leave credits subsequently earned, and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the officer.

Article 25 - Meals and Quarters

Article 29 - Severance Pay

For the purpose of this Article, "weekly rate of pay" means the officers' hourly rate of pay as set out in Appendices "A", "B", "C" and "D" multiplied by forty-three (43), applying to the officer's classification, as shown in the instrument of appointment.

Article 30 - Hours of Work and Overtime

Hours of Work

(a) To meet operational requirements, hours of work may be designated so that officers work an average of forty-two (42) hours per week.

(b) Except as provided in (c) below officers shall be entitled to compensation at time and one-half (1 1/2) for hours worked in excess of an average of forty (40) hours per week but not exceeding an average of forty-two (42) hours per week.

(c) The following conditions apply to officers employed on fire tugs or assigned to DND security watch patrols or assigned as Coast Guard Rescue Centre Watchkeepers.

(i) Subject to clause 30.07, but notwithstanding any other provisions of this Agreement, officers shall be entitled to compensation at time and one-half (1 1/2) for hours worked in excess of an average of forty (40) hours per week.

(d) Officers subject to (a) and (b) above may leave the vessel after receiving permission from the Master.

In the case of vessels engaged primarily in Search and Rescue operations, officers shall be available to return to the vessel within thirty (30) minutes. In the case of vessels whose primary function is not Search and Rescue, officers shall be available to return to the vessel within one (1) hour.

Overtime Compensation

(a) When an officer is required to work continuously without a break of at least six (6) hours, he/she shall continue to be compensated at double (2) time for hours worked provided:

(i) the officer has worked more than twenty (20) hours in any period of twenty-four (24) consecutive hours for officers who normally work a twelve (12) hour day.

(b) An officer subject to Hours of Work (a) and (b) above is entitled to compensation at double (2) time on alternate days on which he/she works, beginning with the first (1^st) day on which he/she works, in any unbroken period of consecutive days of rest.

APPENDIX "J"

ON-CALL SYSTEM - AVERAGE
FORTY-SIX POINT SIX
(46.6) HOURS

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the operation of vessels on the On Call System average forty-six point six (46.6) hours.

Class 400 vessels will operate under this work system and shall not be placed under another work system except by mutual agreement between the parties.

Notwithstanding the provisions of the Ships' Officers collective agreement, the following shall apply:

Article 2 -Interpretations and Definitions

(f) "Day" in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at the designated crew change time.

(g) "Day of rest" in relation to an officer means the twenty-four (24) hour period during which that officer is not ordinarily required to perform the duties of his/her position other than by reason of the officer being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at designated crew change time or immediately following a preceding day of rest in any unbroken period of consecutive and contiguous days of rest.

Article 20 -Vacation Leave With Pay

An officer shall earn vacation leave credits at the rate prescribed for his/her years of continuous employment, as set forth in Article 20 of the Collective Agreement, for each calendar month for which he/she receives at least ninety-three (93) hours' pay.

An officer shall have his or her accrued hours of vacation leave with pay adjusted by an hourly credit by multiplying the number of hours under Article 20 by a factor of one decimal six two seven five (1.6275).

Should an officer leave the Ships' Officers Group or the Appendix "J" operating system the officers' credits will be converted to hours by applying the formula in reverse.

Vacation leave with pay may be granted only on those days that are, otherwise, scheduled days of work.

Vacation leave shall be granted on an hourly basis and, for pay purposes, the hours debited will be equivalent 13.3 hours pay per day for each day of vacation leave taken.

Article 22 - Sick Leave With Pay

An officer shall earn sick leave credits at the rate prescribed in Article 22.01 for each calendar month for which the officer receives at least ninety-three (93) hours' pay.

An officer shall have his or her accrued hours of sick leave with pay adjusted by an hourly credit by multiplying the number of hours under Article 22 by a factor of one decimal six two seven five (1.6275).

Should an officer leave the Ships' Officers Group or the Appendix "J" operating system the officers' credits will be converted to hours by applying the formula in reverse.

Sick leave with pay may be granted only on those days that are, otherwise, scheduled days of work.

Sick leave with pay shall be granted on an hourly basis and, for pay purposes, the hours debited will be equivalent 13.3 hours pay per day for each day of sick leave taken.

(a) if the officer is awaiting a decision on an application for injury-on-duty leave,

(i) for a period of up to two hundred and thirty-three (233) hours;

(i) for a period of up to one hundred and forty (140) hours;

Article 25 - Meals and Quarters

Article 29 - Severance Pay

For the purpose of this Article "weekly rate of pay" means the officers' hourly rate of pay, as set out in Appendices " A", "B", "C" and "D" multiplied by forty-six (46), applying to the officer's classification, as shown in the instrument of appointment.

Article 30 - Hours of Work and Overtime

Hours of Work

(a) An officer's regular hours shall be a combination of hours worked and hours on "on call" duty which shall average twenty-eight (28) hours of work and fifty-six (56) hours of "on call" duty per week and for pay purposes be equivalent to an average of forty-six point six (46.6) straight-time hours per week.

An officer on "on call" duty shall be entitled to compensation at one-sixth (1/6) of his straight-time rate for each completed one-half (1/2) hour of "on call" duty.

When an officer is required to perform work, "on call" duty pay shall not apply.

(c) During the "on call" duty hours, ships' personnel must be in a position to respond to a Search and Rescue (SAR) call on a 0-to-30 minute basis.

Overtime Compensation

(d) When an officer is required to work continuously without a break of at least six (6) hours, the officer shall continue to be compensated at double (2) time for hours worked provided he/she has worked more than sixteen (16) hours in anyone period of twenty-four (24) consecutive hours for officers who normally work an eight (8) hour day.

(e) An officer is entitled to compensation at double (2) time on alternate days on which the officer works, beginning with the first (1^st) day on which he/she works, in any unbroken period of consecutive days of rest.

APPENDIX "K"

40 HOUR WORK WEEK SYSTEM

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the operation of the 40 Hour Work Week System.

Notwithstanding the provisions of the Ships' Officers Collective Agreement, the following shall apply:

Article 2 - Interpretations and Definitions

(f) "day" in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at 00:00;

(g) "day of rest" in relation to an officer means the twenty-four (24) hour period during which that officer is not ordinarily required to perform the duties of his/her position other than by reason of the officer being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at 00:00.

Article 20 - Vacation Leave With Pay

Article 22 - Sick Leave With Pay

An officer shall earn sick leave credits at the rate prescribed in Clause 22.01 for each calendar month for which he/she receives at least eighty (80) hours' pay.

Where an officer has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 22.05, sick leave with pay may, at the discretion of the Employer, be granted:

(a) if the officer is awaiting a decision on an application for injury-on-duty leave for a period of up to two hundred (200) hours;

Subject to the deduction of such advanced leave from any sick leave credits subsequently earned, and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the officer.

Article 25 - Meals and Quarters

Article 29 - Severance Pay

For the purpose of this Article, "weekly rate of pay" means the officers' 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.

Article 30 - Hours of Work and Overtime

Hours of Work

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

and

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

(iii) the two (2) days of rest shall be consecutive.

(i) four (4) hours on and eight (8) hours off;

(ii) six (6) hours on and six (6) hours off.

(c) Officers whose hours of work are designated in accordance with clause (a) and who are not assigned to watches shall perform their daily hours of work within a twelve (12) hour period as determined from time to time by the Master/Commanding Officer. These hours shall be designated so as to be consecutive, except for meal periods.

(d) For officers who regularly work five (5) consecutive days per week on "non-watchkeeping" vessels the hours of work shall be consecutive, except for meal periods,

and

The normal daily hours of work shall be between 0600 hours and 1800 hours.

and

Officers shall be given forty-eight (48) hours notice of any change in scheduled starting time.

(1) Where an officer is authorized to be absent from the vessel during his off-duty hours, the Master/Commanding Officer shall inform the officer of the time at which shore leave will expire. If the shore leave expiry time cannot be determined and the vessel is placed in standby status, the officer shall notify his/her supervisor where and how he/she may be contacted; the Employer will not be responsible for officers who fail to receive notice of sailing by reason of absence from the place of notification.

(2) If an officer is unable to join his vessel because it either sails earlier than the posted sailing time or earlier than the time he/she was given under subparagraph (1), if the Employer considers it feasible to do so:

(a) the officer shall be transported to the vessel's first (1^st) port of call or other point of contact with the vessel at the Employer's expense,

(b) when work is available, the officer shall be employed in his classification until he/she is able to return to his vessel.

(c) The officer may take any compensatory leave credits and/or vacation leave credits he/she has accumulated up to the time the vessel sailed.

(3) 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, the officer is entitled to the greater of:

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

(b) one (1) hour's pay at the straight-time rate,

provided that the vessel is in home port.

Overtime Compensation

(1) for overtime worked following eight (8) hours of overtime worked in excess of his normal daily hours of work;

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

and

(3) 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.

(g) When an officer is required to work continuously without a break of at least six (6) hours, he/she shall continue to be compensated at double (2) time for hours worked provided he/she has worked more than sixteen (16) hours in any one period of twenty-four (24) consecutive hours for officers who normally work an eight (8) hour day.

When an officer, after having completed his designated hours of work, has left the Employer's premises, is subsequently required to return to the Employer's premises to take part in a Search and Rescue mission (SAR) and does so aboard a vessel whose primary function is not search and rescue operations, the officer shall be paid the greater of:

(1) compensation at the applicable overtime rates for any work performed in excess of his designated hours of work,

(2) compensation equivalent to four (4) hour's pay at the straight-time rate.

(i) Where the Employer requires a vessel operating under this appendix to be on standby, an officer who is assigned to that vessel and is required to be available for duty during off-duty hours, shall be compensated at the rate of one (1) hour for each eight (8) hour period or portion thereof for which he/she has been assigned to the vessel while it is on standby.

No payment shall be granted if an officer is unable to return to the vessel and/or report for work when required.

An officer on standby who is required to return to the vessel and report for work immediately shall be paid, in addition to the standby pay, the greater of:

(a) the applicable overtime rate for the time actually worked,

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

Officers on standby who are required to return to the vessel only to be available for their next scheduled work period, shall be compensated in accordance with paragraph 3 (d) Reporting for Sailing.

Standby shall not apply to officers on vessels while at sea.

(j) Payments made under Article 31 (Call-back Pay), clause (d) above (Reporting for Sailing), clause (j) above (Reporting for SAR Mission) shall not be pyramided; that is an officer shall not receive more than one compensation for the same service.

Article 32 - Reporting Pay

Where an officer, who regularly work five consecutive days per week on a non-watchkeeping vessels, is required to report for work as directed on a day of rest he/she shall be paid for the time actually worked, or a minimum of three (3) hours' pay at the applicable overtime rate, whichever is the greater.

Time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

APPENDIX "L"

INSTRUCTORS SUB-GROUP

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the Instructor Sub-Group.

Notwithstanding the provisions of the Ship's Officers Collective Agreement, the following shall apply:

Article 30 - Hours of Work and Overtime

Hours of Work

(a) Hours of work shall be designated so that officers normally work an average of:

(i) eight (8) hours per day, and

(ii) forty (40) hours per week, and

(iii) five (5) days per week, Monday through Friday.

(b) 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.

The four (4) month period for averaging of courses shall be: January through April, May through August and September through December.

General

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 four (4) days of leave with pay, in addition to three (3) designated paid holidays, as provided for under clause 21.01 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 (1^st) 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.

LETTER OF UNDERSTANDING (04-1)

Mr. Bruce Carter
Chairman, National Bargaining Committee,
Canadian Merchant Service Guild,
1150 Morrison Drive, Suite 150
Ottawa, ON
K2H 8S9

This will confirm the understanding reached by the parties in negotiations regarding the fluctuation of hours of work for certain fisheries patrol operations in Pacific Region.

It is agreed that officers subject to clause (a) of Article 30 of Appendix "K" shall normally perform their daily hours of work between 0600 and 1800 with the specific period being determined from time to time by the Master/Commanding Officer. These hours shall be designated so as to be consecutive, except for meal periods.

Notwithstanding the above, the Employer, with at least forty-eight (48) hours notice, may reschedule the eight (8) hour work period.

LETTER OF UNDERSTANDING (04-2)

Mr. Bruce Carter
Chairman, National Bargaining Committee
Canadian Merchant Service Guild
1150 Morrison Drive, Suite 150
Ottawa, ON
K2H 8S9

This letter will confirm the understanding reached between the Employer and the Canadian Merchant Service Guild in negotiations with respect to the granting of days off.

For the duration of the Ships' Officers Group Collective Agreement which will expire on March 31, 2006 the Employer recognizes the desirability of granting days off at such times and in such locations so as to provide an officer the opportunity to enjoy his/her days off preferably at home, or if not at home, in a community which affords the officer a recreational outlet.

The Employer shall designate a home port for each officer, and subject to operational requirements undertakes the following:

1. The Employer will grant an officer compensatory leave in the officer's home port unless otherwise mutually agreed.

(a) in the officer's home port,

(b) when, in the opinion of the Employer, an officer is within reasonable travelling distance from his/her place of residence or the officer's home port,

(d) in any other location which might be agreeable to both the officer and the Employer.

3. When 2 above does not apply, an officer shall work on his/her day of rest at the applicable overtime compensation or, if, in the opinion of the Employer, sufficient work is not available and the officer does not work, the officer shall be granted one-half (1/2) day of compensation. If the officer works less than a day, he/she shall receive a minimum of four (4) hours' pay at the applicable premium rate.

The Employer further undertakes, on request in writing from the Guild, to consult with the Guild with respect to locations which the Employer considers provide adequate recreational facilities as envisaged in 2(c) above.

LETTER OF UNDERSTANDING (04-3)

Mr. Bruce Carter
Chairman, National Bargaining Committee
Canadian Merchant Service Guild
1150 Morrison Drive, Suite 150
Ottawa, ON
K2H 8S9

This letter will confirm the understanding reached between the Employer and the Canadian Merchant Service Guild in negotiations with respect to Canadian Coast Guard officers appointed to positions in a regional pooling system.

For the duration of the Ships' Officers Collective Agreement which will expire on March 31, 2006, the parties agree that:

An officer who is appointed to a position in one pool within a region and who is assigned on a temporary basis to another pool within the same region shall be entitled to one (1) return trip once every three (3) weeks subject to the following conditions:

2. the period of assignment extends beyond the trip home by a further period of two (2) weeks;

3. the return trip specified above shall be to the officer's headquarters area or his permanent residence, whichever is closer;

4. the reimbursement for the return trip shall be by the most economical means available, as determined by the Employer.

LETTER OF UNDERSTANDING (04-4)

Mr. Bruce Carter
Chairman, National Bargaining Committee
Canadian Merchant Service Guild
1150 Morrison Drive, Suite 150
Ottawa, ON
K2H 8S9

This will confirm the understanding reached by the parties in negotiations regarding the implementation of a variable hours work schedule for officers working under Appendix "K" and "L".

It is agreed that the implementation of any such variation in the hours of work shall not result in any additional expenditure or cost by reasons 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.

Any special arrangement may be at the request of either party and must be mutually agreed between the Employer and the Guild and shall apply to all employees at the work unit.

1. General Terms

Officers, with the approval of the Employer, may complete their weekly hours of employment in a period other than five (5) full days provided that over a period to be determined by the Employer, officers work an average of forty (40) hours per week. In every such period, officers shall be granted days of rest on days not scheduled as normal work days for them.

The starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Employer.

Scheduled hours shall be consecutive, exclusive of meal periods, and all hours in excess of the scheduled hours shall be overtime hours.

The maximum life of a schedule shall be six (6) months.

Normally, the cancellation of any agreed compressed work schedule shall require fourteen (14) days notice.

2. Designated Paid Holidays

A designated paid holiday shall account for the normal daily hours specified in Article 21.

When an officer works on a Designated Paid holiday, the officer shall be compensated, in addition to the normal daily hours' pay, time and one-half (1 1/2) up to his or her regular scheduled hours worked and double (2) time for all hours worked in excess of his or her regular scheduled hours.

3. Leave

Where an officer is granted bereavement leave in accordance with the provisions of Article 23.02 a day shall equal the scheduled hours of work.

LETTER OF UNDERSTANDING (04-5)

Mr. Bruce Carter
Chairman, National Bargaining Committee
Canadian Merchant Service Guild
1150 Morrison Drive, Suite 150
Ottawa, ON
K2H 8S9

This will confirm the understanding reached by the parties in negotiations regarding the application of training for officers working under Appendices "H", "I" and "J".

Definition

Training refers to an activity where the Employer has determined that such training is necessary or will assist the officer in carrying out his/her assigned duties.

Training is divided into short and long term. Short term training is any training scheduled to be twenty-eight (28) days or less in duration and long term training is that which is scheduled to be duration longer than twenty-eight (28) days.

Short Term Training

For short term training the officer shall remain in their normal "work cycle". In those periods where the officer is undertaking training during the normally scheduled off duty portion of the work cycle the officer will be compensated for the scheduled training period at their straight time rate of pay.

Long Term Training

For long term training the officers shall be temporarily removed from their work system and shall work, and be compensated, in accordance with Appendix "K".

Other

Officers on training under Appendix "K" will be compensated for the scheduled training period at their straight time rate.

Officers on training shall be reimbursed for all reasonable travel expenses incurred.

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CANADIAN MERCHANT SERVICE GUILD
AND
THE TREASURY BOARD
on
SPECIAL LAY DAY BANK - 65 DAY CAP

In accordance with Article 39, the parties agree to amend the Collective Agreement as follows:

The Employer and the Canadian Merchant Service Guild agree to the continuation of the Memorandum of Understanding on "Special Lay Day Banks".

It is understood that in recognition of operational and administrative difficulties in scheduling personnel, there is a need to establish a "Special Lay Day Bank" which will be administered, effective the date of signing of this memorandum, in accordance with the following procedures:

(A) When an Officer is scheduled or required to work where he/she exceeds the 65 day cap on lay-days, the additional lay-days so earned (i.e., lay-day factor) shall be accumulated in the "Special Leave Bank".

(B) Credits shall be accumulated in days and Officers shall be advised in writing, on each occasion that days are added to this "Special Lay Day Bank", of the number of days and the lay-day rate at which they have been earned.

(C) Credits in this "Special Lay Day Bank" shall be held in reserve to be liquidated as time off work with pay at the request of the Officer and at the discretion of the Employer or at the request of the Employer subject to the Employer making every reasonable effort, subject to operational requirements, to grant the lay days at such time as the Officer may request.

(D) The accumulation of such lay day credits shall not exceed sixty-five (65) days. Should an officer reach the maximum of sixty-five (65) days, he or she must proceed on leave.

(E) It is recognized that lay day credits accumulated in this bank are intended to be taken as time off work with pay. Normally, the credits in this bank shall only be paid in cash in cases of termination of employment or permanent appointment to a position which is not on a vessel operating on the lay-day system, or is not within the same department or region.

For the purposes of cashing out such converted lay day credits, it is agreed that this will be at the lay-day rate of pay multiplied by 1.5.

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CANADIAN MERCHANT SERVICE GUILD
AND
THE TREASURY BOARD
on
COMPENSATORY LEAVE

In accordance with Article 39, the parties agree to amend the Collective Agreement as follows:

Notwithstanding clause 30.14, for the duration of this Collective Agreement, the Guild and the Employer recognize the benefit to all parties of Officers accumulating compensatory leave credits for use in special circumstance noted in (1) and (2) below when Coast Guard Vessels may be non-operational.

Accordingly Officers are encouraged to accumulate and retain compensatory leave credits sufficient to cover:

(1) periods during which the vessel will be non-operational by reason of refit, repair, seasonal lay-up;

(2) periods during which the employee is not required to work in accordance with a rotational or relief crew system.

To facilitate such accumulation of compensatory leave, the Employer undertakes to provide officers with as much notice as possible of these periods.

Consequently, the parties agree, on a without prejudice basis that, at the request of an Officer, and subject to the approval of the Employer, compensatory leave credits may be accumulated in excess of four (400) hundred hours for these special circumstances. In the event that such accumulated compensatory leave in excess of four (400) hundred hours is not used for the purpose requested, the credits shall be liquidated in cash.


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Ships' Officers (SO) 410

**APPENDIX "C-3A"

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)

**APPENDIX "C-3B"

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

**APPENDIX "D"

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

**APPENDIX "E"

APPENDIX "F"

Rescue Specialist Allowance

Fisheries Enforcement Allowance

Armed Boarding Allowance

Diving Duty Allowance

Nuclear Emergency Response Team

General

APPENDIX "G"

APPENDIX "H"

Lay-Days

General

Advancement of Lay-Day Credits

Leave - Interpretation

Administration

Article 2 - Interpretation and Definitions

Article 20 - Vacation Leave With Pay

Article 21 - Designated Holidays

Article 22 - Sick Leave With Pay

Article 24 - Travelling Time

Article 25 - Meals and Quarters

Article 29 - Severance Pay

Article 30 - Hours of Work and Overtime

Non-Watchkeeping Vessels

Standby

Hours of Work

APPENDIX "I"

Article 2 - Interpretation and Definitions

Article 20 Vacation Leave With Pay

Article 22 Sick Leave with Pay

Article 25 - Meals and Quarters

Article 29 - Severance Pay

Article 30 - Hours of Work and Overtime

Hours of Work

Overtime Compensation

APPENDIX "J"

Article 2 -Interpretations and Definitions

Article 20 -Vacation Leave With Pay

Article 22 - Sick Leave With Pay

Article 25 - Meals and Quarters

Article 29 - Severance Pay

Article 30 - Hours of Work and Overtime

Hours of Work

Overtime Compensation

APPENDIX "K"

Article 2 - Interpretations and Definitions

Article 20 - Vacation Leave With Pay

Article 22 - Sick Leave With Pay

Article 25 - Meals and Quarters

Article 29 - Severance Pay

Article 30 - Hours of Work and Overtime

Hours of Work

Overtime Compensation

Article 32 - Reporting Pay

APPENDIX "L"

Article 30 - Hours of Work and Overtime

Hours of Work

General

Pedagogical Break - Canadian Coast Guard College

1. General Terms

2. Designated Paid Holidays

3. Leave

Definition

Short Term Training

Long Term Training

Other

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)

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)

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)