14.01 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" means the employee's
hourly rate of pay as set out in Appendix "A" multiplied by forty (40)
applying to the employee's classification, as shown in the instrument of
appointment.
14.02 Lay-Off
An employee with one (1) or more years of continuous employment who is laid
off after 7 April 1971, 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 employee was granted a termination of
employment benefit paid by the Employer. It shall be calculated at the rate of
two (2) weeks' pay for the first year of continuous employment and one 1)
week's pay for each succeeding completed year of continuous employment on the
first lay-off and one (1) week's pay for each completed year of continuous
employment on a subsequent lay-off. 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.
14.03 Resignation
An employee who has ten (10) or more years of continuous employment on
resignation shall be paid severance pay calculated by multiplying half the
employee'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 employee was
granted a termination of employment benefit paid by the Employer.
14.04 Retirement
An employee who is entitled to an immediate annuity or an immediate annual
allowance under the Public Service Superannuation Act, or who has five
(5) years of continuous employment and who has attained the age of fifty-five
(55) years and has resigned, shall be paid severance pay calculated by
multiplying the employee's weekly rate of pay on termination of employment by
the number of completed years of continuous employment to a maximum of thirty
(30) years, less any period within that period of continuous employment in
respect of which the employee was granted a termination of employment benefit
paid by the Employer. 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.
14.05 Death
If an employee dies, there shall be paid to the employee's estate a severance
payment in respect of the employee's complete period of continuous employment,
comprised of one (1) week's pay for each complete year of continuous employment
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,
to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
**
14.06 Termination for Cause for Reasons of Incapacity
When an employee ceases to be employed by reason of termination for cause for
reason of incapacity pursuant to Section 12(1)(e) of the Financial
Administration Act, one week's pay for each complete year of continuous
employment with a maximum benefit of twenty-eight (28) weeks.
14.07 Rejection on Probation
An employee with two (2) or more years of continuous employment who ceases to
be employed for reasons of rejection during the employee's probationary period
immediately following a second or subsequent appointment shall be paid severance
pay calculated by multiplying the employee'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 employee was granted a termination
of employment benefit paid by the Employer.
14.08 Continuous Employment
The period of continuous employment used in the calculation of severance
benefits payable to an employeeunder this Article shall be reduced by any period
of continuous employment in respect of which the employee was already granted
any type of termination benefit. Under no circumstances shall the maximum
severance pay provided under this Article be pyramided.
15.01 Hours of Work
(a) The hours of work shall be forty (40) hours per week and eight (8) hours
per day.
(b) The workweek and workdays shall be:
(i) from Sunday 2345 hours to Friday 2345 hours inclusive for employees
subject to clause 15.02(a),
(ii) from Monday to Friday inclusive for employees subject to clause
15.02(b),
and
(iii) from Monday 0015 hours to Saturday 0015 hours inclusive for employees
subject to clause 15.02(c).
(c) The first and second days of rest shall be:
(i) from Friday 2345 hours to Saturday 2345 hours and from Saturday 2345 hours
to Sunday 2345 hours respectively for employees subject to clause 15.02(a),
(ii) Saturday and Sunday respectively for employees subject to clause
15.02(b),
and
(iii) from Saturday 0015 hours to Sunday 0015 hours and from Sunday 0015 hours
to Monday 0015 hours respectively for employees subject to clause 15.02(c).
15.02 The hours of work shall be scheduled as follows:
(a) the first (night) shift shall be from 2345 hours to 0815 hours with an
unpaid meal period from 0345 hours to 0415 hours;
(b) the second (day) shift shall be from 0745 hours to 1615 hours with an
unpaid meal period from 1200 hours to 1230 hours;
(c) the third (evening) shift shall be from 1545 hours to 0015 hours with an
unpaid meal period from 1945 hours to 2015 hours.
15.03 Notwithstanding the provisions of clause 15.02, the
Council recognizes the requirement for certain employees to regularly report for
work and to cease work at different hours than those established in clause
15.02, and the Employer agrees to discuss with the Council such changes in
working hours before implementing them.
15.04 The hours of work described in clauses 15.01 and 15.02
shall not be construed as a guarantee of a minimum or of a maximum hours of
work.
15.05 An employee may be transferred from one shift to
another within a workday subject to the application of clause 15.09.
15.06 Notwithstanding the provisions of clause 15.02:
(a) An employee who works on the first (night) or third (evening) shift:
(i) on three (3) or more consecutive workdays within a workweek,
or
(ii) on the first or on the first and second workdays in a workweek
following a full workweek on the first (night) or third (evening) shift,
or
(iii) on the last or on the last and next to last workdays in a workweek
preceding a full workweek on the first (night) or third (evening) shift,
shall receive a shift premium as specified in clause 24.01.
For the purpose of clause 15.06(a), an employee on leave during the days
referred to in clause 15.06(a) shall not be considered as breaking the
consecutive workday or full workweek requirement of that clause.
For the purpose of clause 15.06(a)(i), a paid holiday shall not be considered
as breaking the consecutive workday requirement providing three (3) days of
shift work are scheduled.
Where shift work is scheduled for a full workweek which includes a designated
paid holiday, the holiday shall not affect the requirements of a full workweek
referred to in clause 15.06(a)(ii) and (iii).
(b) An employee who works on the first or third shift, other than as
described in 15.06(a) shall be paid at double (2) time rate for each hour so
worked and no shift premium shall be paid.
Shift while on Course
(c) Notwithstanding clause 15.05 and 15.06(a) and (b), the parties recognize
the need to amend shift schedules by mutual consent to accommodate training
courses.
15.07 The Employer will schedule shift work only when
necessary. On the occasion of shift on a project, the Employer will give to the
employees and Council, as much notice as practicable prior to the commencement
of shift work.
15.08 Overtime
The Employer will make every reasonable effort:
(a) to distribute overtime fairly among available qualified employees;
(b) to give at least four (4) hours' advance notice to employees who are
required to work overtime;
(c) to keep overtime to a minimum.
15.09 Overtime Compensation
Subject to clause 15.13, overtime shall be compensated at the following
rates:
(a) double (2) time for all hours worked in excess of eight (8) hours in a
continuous period of work or in excess of eight (8) hours in a day to a maximum
of sixteen (16) hours in a continuous period of work; and for all hours worked
on a day of rest to a maximum of sixteen (16) hours;
(b) triple (3) time for each hour worked in excess of sixteen (16) hours in a
continuous period of work or in excess of sixteen (16) hours in any twenty-four
(24)-hour period, and for all hours worked by an employee who is recalled to
work before the expiration of the nine (9)-hour period referred to in clause
15.10.
15.10 Subject to clause 15.11, an employee who works for a
period of fifteen (15) hours or more in a twenty-four (24) hour period shall not
report on his/her next regular scheduled shift until nine (9) hours has elapsed
from the end of the previous working period unless otherwise informed by the
supervisor. If, in the application of this clause, an employee works less than
his/her next full shift, the employee shall, nevertheless, receive eight (8)
hours' regular pay.
15.11 An employee will not work more than fifteen (15) hours
in a twenty-four (24) hour period except where operational requirements dictate
otherwise.
15.12 When an employee is required to report for
prescheduled overtime and reports to work on a designated paid holiday which is
not the employee's scheduled day of work, or on the employee's day of rest, the
employee shall be paid the greater of:
(a) compensation at the applicable overtime rate for all hours worked,
or
(b) compensation equivalent to four (4) hours' pay at the employee's hourly
rate of pay, except that the minimum of four (4) hours' pay shall apply the
first time only an employee is required to report for prescheduled overtime
during a period of eight (8) hours, starting with the employee's first
reporting.
15.13 An employee is entitled to overtime compensation for
each completed six (6)-minute period of overtime worked by him/her.
15.14 When management requires an employee to work through
his/her regular meal period, the employee shall be paid at the applicable
overtime rate for the period worked therein, and the employee shall be given
time off with pay to eat commencing within one-half (1/2)-hour immediately prior
to the regular meal period or commencing within one-half (1/2)-hour of the
termination of the regular meal period.
15.15
(a) Notwithstanding the provisions of clauses 15.09 and 17.03, an employee
may request, in lieu of overtime payment, compensatory leave with pay. Approval
of the Employer shall not be unreasonably withheld.
(b) The rate of pay to which an employee is entitled during such leave shall
be based on the employee's hourly rate of pay as calculated from the
classification prescribed in the employee's certificate of appointment in the
employee's substantive position on the day immediately prior to the day on which
leave is taken.
(c) The Employer shall grant compensatory leave at times convenient to both
the employee and the Employer.
(d) Accumulated compensatory leave not used by March 31st of each
year shall normally be paid in cash. Such leave may by mutual agreement be
carried over to the following leave year.
15.16 Rest Periods
The Employer shall schedule two (2) rest periods of ten (10) minutes each
during each full shift.
**
15.17 Overtime Meal Allowance
(a) A meal allowance of ten dollars and fifty cents ($10.50) will be paid:
(i) to an employee who is not advised prior to mid-shift that he/she will
be required to work overtime and provided the employee works for three (3)
hours, commencing not more than one (1) hour following the employee's normal
quitting time;
(ii) to an employee who is required to work at least three (3) hours
immediately preceding the employee's normal starting time;
(iii) after an employee has worked an initial period of three (3) hours
overtime, for each subsequent four (4)-hour period of overtime worked;
(iv) to an employee who has been recalled to work as provided in clause
18.01 for each four (4)-hour period of overtime worked;
and
(v) to an employee who has been advised that he/she is required to work
overtime commencing not more than one (1) hour following the normal quitting
time and is subsequently advised after mid-shift that he/she is not required
to work.
(b) Except as provided in clause 15.17(a)(iv), an employee who works overtime
on days of rest or holidays is not entitled to a meal allowance for the first
eight (8) hours worked. A meal allowance of ten dollars and fifty cents ($10.50)
will be paid for each subsequent four (4)-hour period of overtime worked.
(c) The provisions of clauses 15.17(a) and (b) will not apply to employees
assigned to sea trials where meals are provided without charge to the employees
during periods described in clauses 15.17(a) and (b).
**
15.18 Unless otherwise informed by the Employer, any
employee required to work overtime shall take an unpaid meal break of not less
than forty-five (45) minutes immediately following the end of his/her normal
shift.
16.01 A schedule shall be arranged by management to allow
employees time to put away tools and wash up before meal periods and before the
end of each shift. Periods of five (5) minutes will be allowed for employees
working at their regular work centers and longer periods will be scheduled as
necessary when employees are assigned to other locations.
17.01 No employee shall be required by the Employer to use
his/her own car for government business.
17.02
(a) Where an employee is required by the Employer to work at a point outside
the employee's headquarters area, the employee shall be reimbursed for
reasonable expenses as defined by the Employer.
(b) When an employee is required by the Employer to travel to points within
the headquarters area, the employee shall be paid a mileage allowance or
transportation expenses at the rate paid by the Employer.
(c) When an employee travels through more than one (1) time zone, computation
will be made as if he or she had remained in the time zone of the point of
origin for continuous travel and in the time zone of each point of overnight
stay after the first day of travel.
**
17.03 Where an employee is required by the Employer to
travel to a point away from the employee's normal place of work, the employee
shall be compensated as follows:
(a) on any day on which the employee travels but does not work, at the
applicable straight-time or overtime rate for the hours travelled, but the total
amount shall not exceed fifteen (15) hours' straight time;
(b) on a normal workday in which the employee travels and works:
(i) during the employee's regular scheduled hours of work at the
straight-time rate not exceeding eight (8) hours' pay,
(ii) at the applicable overtime rate for all time worked outside the
employee's regular scheduled hours of work,
(iii) at the applicable overtime rate for all travel outside the employee's
regular scheduled hours of work to a maximum of fifteen (15) hours' pay at
straight time in any twenty-four (24)-hour period;
(c) on a rest day on which the employee travels and works, at the applicable
overtime rate:
(i) for travel time, in an amount not exceeding fifteen (15) hours'
straight-time pay,
and
(ii) for all time worked;
(d) notwithstanding the limitations stated in Article 17.03(a), (b) and (c),
where an employee travels on duty, but does not work, for more than four (4)
hours between 2200 hours and 0600 hours, and no sleeping accommodation is
provided, the employee shall be compensated at the applicable overtime rate for
a maximum of fifteen (15) hours' straight-time pay.
17.04 The Employer recognizes the value of safety belts or
barriers in vehicles not designed for the carrying of passengers and will
endeavour to provide vehicles with such equipment for transporting employees.
17.05 When an employee dies or is injured as a result of an
unscheduled flight the employee is required to undertake, the employee or the
employee's estate shall be paid compensation with respect to flying accidents in
accordance with the policy in force at the time the accident occurred.
17.06
(a) An employee assigned to a military establishment when in travel status
will not be required to make use of the establishment for accommodation and
messing except where it is evident that to stay elsewhere would be inconsistent
with good order and common sense (for example, certain training courses, no
suitable commercial accommodation is convenient and available, etc.).
(b) Subject to clause 17.06(a), when an employee is required to utilize
service accommodation, such accommodation shall be the equivalent where
available, of good commercial accommodation.
17.07 Travel Status Leave
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his permanent residence for forty (40) nights during a fiscal
year shall be granted one (1) day off with pay. The employee shall be credited
with one additional day off for each additional 20 nights that the employee is
away from his or her permanent residence to a maximum of 80 nights.
(b) The maximum number of days off earned under this clause shall not exceed
five (5) days in a fiscal year and shall accumulate as compensatory leave with
pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to
paragraphs 15.15(c) and (d).
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
|