1.01 The purpose of this Agreement is to maintain harmonious
relationships between the Employer, the Council and the employees and to set
forth herein the terms and conditions of employment upon which agreement has
been reached through collective bargaining.
2.01 For the purpose of this Agreement,
(a) "annual rate of pay" means an employee's
weekly rate of pay multiplied by fifty-two point one seventy-six (52.176);
**
(b) "bargaining unit" means all employees, other
than chargehands, of the Employer in the Ship Repair Group of the Operational
Category located on the east coast as described in the certificate issued by the
Public Service Labour Relations Board on August 20, 1976 as amended on May 12,
2000 and December 21, 2005;
(c) a "common-law spouse" relationship is said to
exist when, for a continuous period of at least one year, an employee has lived
with a person, publicly represented that person to be his/her spouse, and lives
and intends to continue to live with that person as if that person were his/her
spouse;
(d) "continuous employment" has the same meaning
as specified in the Public Service Terms and Conditions of Employment
Regulations, except that for the purpose of calculating leave and severance
pay entitlements, it will not include former service in the Royal Canadian
Mounted Police or the Canadian Armed Forces;
(e) "Council" means the Federal Government
Dockyard Trades and Labour Council East;
(f) "daily rate of pay" means an employee's hourly
rate of pay multiplied by eight (8);
(g) "day" means a twenty-four (24)-hour period:
(i) commencing at 2345 hours and ending at 2345 hours the following day for
employees subject to clause 15.02(a),
(ii) commencing at 0000 hours and ending at 2400 hours for employees
subject to clause 15.02(b),
and
(iii) commencing at 0015 hours and ending at 0015 hours the following day
for employees subject to clause 15.02(c);
(h) "double time" means two (2) times the
straight-time rate;
(i) "employee" means an employee as defined in the
Public Service Labour Relations Act and who is a member of the Ship Repair
bargaining unit;
(j) "Employer", except as specifically provided in
clause 14.01, means Her Majesty in right of Canada as represented by the
Treasury Board, and includes any person authorized to exercise the authority of
the Treasury Board;
(k) "harbour limits" means an East-West line of
063 degrees (true) from York Redoubt through Maughers Beach on McNabbs Island.
The area north of this line constitutes the Halifax harbour area and includes
Bedford Basin;
(l) "holiday pay" means eight (8) hours' pay;
(m) "lay-off" means an employee whose employment
has been terminated because of lack of work or because of the discontinuance of
a function;
(n) "leave" means authorized absence from duty by
an employee during the employee's regular or normal hours of work;
(o) "overtime" means time worked by an employee
outside of the employee's regularly scheduled hours;
(p) "pay" means basic hourly rates of pay as
specified in Appendix "A" and the differentials specified in Appendix
"A" where applicable, and does not include shift premium;
(q) "sea trials" means trials conducted outside
the harbour limits;
(r) "straight-time rate" means the hourly rate of
pay;
(s) "time and one-half" means one and one-half (1
1/2) times the straight-time rate;
(t) "triple time" means three (3) times the
straight-time rate;
(u) "weekly rate of pay" means an employee's
hourly rate of pay multiplied by forty (40).
**
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement,
(a) if defined in the Public Service Labour Relations Act, have the
same meaning as given to them in that Act;
(b) if defined in the Interpretation Act, but not defined in the
Public Service Labour Relations Act, have the same meaning as given to them
in the Interpretation Act.
3.01 If any law now in force or enacted during the term of
this Agreement renders null and void any provision of this Agreement, the
remaining provisions shall remain in effect for the term of the Agreement. The
parties shall thereupon seek to negotiate substitute provisions which are in
conformity with the applicable law.
**
3.02 In the event that there is a conflict between the
contents of this Agreement and any regulation except as provided under Section
113 of the Public Service Labour Relations Act, this Agreement shall
take precedence over the said regulation.
4.01 The provisions of this Agreement apply to the Council,
employees and the Employer.
4.02 Both the English and French texts of this Agreement
shall be official.
4.03 Unless otherwise expressly stipulated, the provisions
of this Agreement apply equally to male and female employees and words importing
the masculine gender include the feminine gender.
5.01 The Council recognizes and acknowledges that the
Employer has and shall retain the exclusive right and responsibility to manage
its operation in all respects and it is expressly understood that all such
rights and responsibilities not specifically covered or modified by this
Agreement shall remain the exclusive rights and responsibilities of the
Employer.
Such rights will not be exercised in a manner inconsistent with the expressed
provisions of this Agreement.
**
5.02 This Article will not restrict the right of an employee
to submit a grievance in accordance with the Public Service Labour Relations
Act.
**
6.01 The Employer recognizes the Federal Government Dockyard
Trades and Labour Council (East) as the exclusive bargaining agent for all
employees, other than chargehands, in the Ship Repair Occupational Group located
on the east coast described in the certificate issued to the Council by the
Public Service Labour Relations Board on the twentieth day of August, 1976 as
amended on the twelfth day of May 2000 and on the twenty-first day of December
2005.
7.01 Access to Employer's Premises
The Employer agrees that accredited union representatives of the Council and
its constituent unions may have access to the Employer's premises upon notice to
and the consent of the Employer and such consent shall not be unreasonably
withheld.
7.02 Appointment of Stewards
The Employer acknowledges the right of the Council to appoint employees as
stewards.
7.03 Recognition of Council Representatives
The Employer recognizes Council officers and stewards as official union
representatives and will not discriminate against them because of their
legitimate activities as such. The Employer will not define the disciplinary
action to be taken against a Council officer or steward without first giving the
Council or the Union, as the case may be, an opportunity of making
representations on his/her behalf.
The Council shall supply a list of the names of Council officers and stewards
to the Employer and shall advise the Employer of any changes thereafter.
7.04 Leave for Council Officers and/or Stewards
(a) Time off with pay for Council officers and/or stewards to investigate and
process complaints of employees may be granted upon request to their supervisor.
Such permission shall not be unreasonably withheld.
(b) Council officers and/or stewards shall inform their supervisor before
leaving their work to attend pre-arranged meetings with local management.
(c) Where practicable such representatives shall report back to their
supervisor before resuming their normal duties.
7.05 Provision of Bulletin Board Space
The Employer shall provide bulletin board space at appropriate locations in
the shops for the posting of union material by the Council and its affiliates.
The posting of this material shall be subject to management approval.
8.01 The Employer shall as a condition of employment, deduct
monthly an amount equivalent to regular membership dues, in a fixed amount,
established by each of the Council affiliates according to each of their
constitutional provisions, exclusive of any separate deduction for initiation
fees, pension deductions, special assessments or arrears which may exist on the
date this agreement comes into effect, from the pay of all employees of the
bargaining unit.
8.02 The Council shall inform the Employer in writing of the
authorized monthly deduction to be checked off for each employee defined in
clause 8.01.
8.03 For the purpose of applying clause 8.01, deductions
from pay for each employee in respect of each month will start with the first
full calendar month of employment to the extent that earnings are available.
8.04 As soon as practicable after the signing of this
Agreement, the Employer will provide the Council with an up-to-date list of all
employees in the Ship Repair bargaining unit and will provide appropriate
quarterly lists of all employees who have been assigned to or have left the
bargaining unit during the quarter.
8.05 An employee who satisfies the Employer to the extent
that he or she declares in an affidavit that he or she is a member of a
religious organization whose doctrine prevents him or her as a matter of
conscience from making financial contributions to an employee organization and
that he or she will make contributions to a charitable organization registered
pursuant to the Income Tax Act, equal to dues, shall not be subject to
this Article, provided that the affidavit submitted by the employee is
countersigned by an official representative of the religious organization
involved.
**
8.06 From the date of signing and for the duration of this
Agreement, no employee organization, as defined in Section 2 of the Public
Service Labour Relations Act, other than the Council, shall be permitted to
have membership dues and/or other monies deducted by the Employer from the pay
of employees in the bargaining unit.
8.07 The amounts deducted in accordance with clause 8.01
shall be remitted by cheque to the person designated by the Council within
fifteen (15) working days of the date on which the deduction is made. The cheque
shall be made payable to each Council affiliate and shall be accompanied by
particulars identifying, by Council affiliate, each employee alphabetically and
the deductions made on the employee's behalf.
8.08 The Council agrees to indemnify and save the Employer
harmless against any claim or liability arising out of the application of this
Article except for any claim or liability arising out of an error committed by
the Employer limited to the amount actually involved in the error.
9.01 The amount of leave with pay credited to an employee by
the Employer at the time this Agreement becomes effective, or at the time when
the employee becomes subject to this Agreement, shall be retained by the
employee.
9.02 When the employment of an employee who has been granted
more vacation or sick leave with pay than the employee has earned is terminated
by death, the employee is considered to have earned the amount of leave with pay
granted to him or her.
9.03 An employee shall not earn leave credits under this
Collective Agreement in any month for which leave has already been credited to
the employee under the terms of any other Collective Agreement to which the
Employer is a party or under other rules or regulations of the Employer.
9.04 An employee shall not be granted two (2) different
types of leave with pay with respect to the same time.
**
9.05 Except as otherwise specified in this Agreement, where
leave without pay for a period in excess of three (3) months is granted to an
employee, the total period of leave granted shall be deducted from
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave which is for a period of more than three (3) months shall
not be counted for pay increment purposes.
**
9.06 Leave credits will be earned on a basis of a day being
equal to eight (8) hours.
**
9.07 When leave is granted, it will be granted on an hourly
basis and the hours debited for each day of leave shall be the same as the hours
the employee would normally have been scheduled to work on that day.
**
9.08
(a) When an employee becomes subject to this Agreement, the employee's earned
daily leave credits shall be converted into hours on the basis of one day being
equal to eight (8) hours.
(b) When an employee ceases to be subject to this Agreement, the employee's
earned hourly leave credits shall be converted into days on the basis of eight
(8) hours being equal to one day.
10.01 Vacation Year
The vacation year shall be from April 1st to March 31st of
the following year, inclusively.
**
10.02 Accumulation of Vacation Leave Credits
An employee shall earn, during the vacation year, vacation leave credits at
the following rates for each calendar month during which the employee receives
at least ten (10) days' pay:
(a) six decimal six seven (6.67) hours per month until the month (for an
annual total of 10 days) in which the anniversary of the employee's first (1st)
year of service occurs;
or
(b) ten (10) hours per month (for an annual total of 15 days) commencing with
the month in which the employee's first (1st) anniversary of service
occurs;
or
(c) thirteen decimal three four (13.34) hours per month (for an annual total
of 20 days) commencing with the month in which the employee's eight (8th)
anniversary of service occurs;
or
(d) Fourteen decimal six seven (14.67) hours per month (for an annual total
of 22 days) commencing with the month in which the employee's fifteenth (15th)
anniversary of service occurs;
or
(e) Fifteen decimal three four (15.34) hours per month (for an annual total
of 23 days) commencing with the month in which the employee's seventeenth
(17th) anniversary of service occurs;
or
(f) Sixteen decimal six seven (16.67) days per month (for an annual total of
25 days) commencing with the month in which the employee's eighteenth (18th)
anniversary of service occurs;
or
(g) Eighteen (18) hours per month (for an annual total of 27 days) commencing
with the month in which the employee's twenty-fifth (25th)
anniversary of service occurs;
or
(h) Twenty (20) hours per month (for an annual total of 30 days) commencing
with the month in which the employee's twenty-eighth (28th)
anniversary of service occurs.
(i) For the purpose of this clause only, all service within the Public
Service, whether continuous or discontinuous, shall count toward vacation leave
except where a person who, on leaving the Public Service, takes or has taken
severance pay. However, the above exception shall not apply to an employee who
receives severance pay on lay-off and is reappointed to the Public Service
within one (1) year following the date of lay-off.
10.03 Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent of the
employee's earned credits but an employee who has completed six (6) months of
continuous employment may receive an advance of credits equivalent to the
anticipated credits for the vacation year.
Scheduling of Vacation Leave With Pay
10.04 Subject to clauses 10.05, 10.06 and 10.07, employees
shall, subject to work requirements, normally take all their vacation leave
during the vacation year in which it is earned.
10.05 The Employer shall, subject to work requirements,
schedule vacation leave at a time convenient to the employee.
**
10.06 In order to ensure that vacation leave is used in
accordance with clauses 10.04 and 10.05, any employee with more than one hundred
and twenty (120) hours on January 1st of that fiscal year, shall meet and
discuss with his or her supervisor when they are going to use the portion of
their leave over the one hundred and twenty (120) hours by March 31st
of the same fiscal year. If they cannot reach an agreement, the Employer will
schedule such leave.
**
10.07 Carry-Over Provisions
(a) An employee may carry over a maximum of one hundred and twenty (120)
hours as stated in clause 10.06.
(b) By December 1st of each year, requests to carry over vacation
leave in excess of one hundred and twenty (120) total accumulated hours, for
special circumstances, must be submitted in writing by the employee stating the
reasons and approximate proposed vacation dates to the supervisor. Such requests
will be considered by the Leave Tribunal. For purposes of vacation leave in
excess of one hundred and twenty (120) hours, examples of special circumstances
are:
(i) planned vacations requiring extensive periods;
(ii) periods to build a house;
and
(iii) extensive periods for special events or circumstances requiring the
employee's attendance or participation.
(c)
(i) An employee who has accumulated vacation leave is required to use, in
addition to his/her annual vacation leave one hundred and sixty (160) hours of
his/her accumulated vacation leave until all previously accumulated vacation
leave is reduced to one hundred and twenty (120) hours.
(ii) Carry-over of such vacation leave will be allowed under the following
circumstances:
(A) an employee, subject to work requirements, was not permitted to take
vacation leave;
and
(B) the total amount of leave is large and cannot be used within one (1)
year.
(d) During any vacation year, upon application by the employee and at the
discretion of the Employer, earned but unused vacation leave credits in excess
of one hundred and twenty (120) hours may be paid in cash at the employee's
daily rate of pay as calculated from the classification prescribed in the
employee's certificate of appointment of the employee's substantive position on
March 31st, of the previous vacation year.
(e) When the Employer cancels or alters a period of vacation leave which it
has previously approved in writing, the Employer shall reimburse the employee
for the non-returnable portion of vacation contracts and reservations made by
the employee in respect of that period, subject to the presentation of such
documentation as the Employer may require. The employee must make every
reasonable attempt to mitigate such losses.
Leave When Employment Terminates
10.08 When an employee dies or otherwise ceases to be
employed, the employee or the employee's estate shall be paid an amount equal to
the product obtained by multiplying the number of days earned but unused
vacation with pay to the employee's credit by the daily rate of pay (i.e. rate
in effect at time of termination) to which the employee is entitled by virtue of
the certificate of appointment in effect at the time of the termination of
employment.
10.09 In the event of termination of employment for reasons
other than death, the Employer shall recover from any monies owed the employee
an amount equivalent to unearned vacation leave taken by the employee,
calculated on the basis of the daily rate of pay (i.e. rate in effect at time of
termination) to which the employee is entitled by virtue of the certificate of
appointment in effect at the time of the termination of employment.
Advance Payments
10.10 In view of special circumstances concerning this
Group, the Employer agrees to issue advance payments of estimated net salary for
the period of vacation requested, provided four (4) weeks' notice is received
from the employee prior to the last pay day before proceeding on leave.
10.11 Providing the employee has been authorized to proceed
on vacation leave for the period concerned, the Employer agrees to issue advance
payments of estimated net salary for a period of two (2) or more complete weeks.
10.12 Any overpayments in respect of such pay advances shall
be an immediate first charge against any subsequent pay entitlements and shall
be recovered in full prior to any further payment of salary.
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