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18.01 When an employee is called back to work overtime after
he/she has left the Employer's premises:
(a) on a designated paid holiday which is not an employee scheduled day of
work,
or
(b) on an employee's day of rest,
or
(c) after the employee has completed his/her work for the day, and returns to
work the employee shall be paid the greater of:
(i) compensation at the applicable overtime rate for time worked,
or
(ii) compensation equivalent to four (4) hours' pay at the straight-time
rate,
provided that the period worked by the employee is not contiguous to the
employee's scheduled shift and the employee was not notified of such overtime
requirement prior to completing his/her last period of work.
18.02 Other than when required by the Employer to operate a
vehicle of the Employer for transportation to a work location other than the
employee's normal place of work, time spent by the employee reporting to work or
returning to the employee's residence shall not constitute time worked.
18.03 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.
19.01 In cases of alleged misinterpretation or
misapplication arising out of 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, the grievance procedure
will be in accordance with Part 14 of the NJC By-Laws.
19.02 The purpose of this procedure is to provide an orderly
and effective process for the consideration and resolution of the grievances of
employees within the bargaining unit. Both parties recognize that in ordinary
circumstances, an employee should discuss his/her complaint with his/her
supervisor and give him/her an opportunity to adjust the employee's complaint
before a grievance is presented.
19.03 In this procedure:
(a) "grievance" means a complaint in writing presented by an
employee on the employee's own behalf or on behalf of the employee and one or
more other employees,
(b) all "days" referred to in this procedure are calendar days,
excluding Saturdays, Sundays and holidays.
**
19.04 Subject to and as laid down in Section 208 of the Public
Service Labour Relations Act, an employee who feels that he/she has been
treated unjustly or considers himself/herself aggrieved by an action or lack of
action by the Employer is entitled to present a grievance, other than a
grievance arising out of the classification process, in the manner prescribed
except that:
(a) where there is another administrative procedure provided by law to deal
with the employee's specific complaint such procedure must be followed,
and
(b) where the grievance relates to the interpretation or application of this
collective agreement or an arbitral award the employee is not entitled to
present the grievance unless the employee has the approval of and is represented
by the Council.
19.05 An employee shall present his/her grievance at the
first level of the Grievance Procedure not later than the twenty-fifth (25th)
day after the date on which the employee was notified orally or in writing, or
otherwise became aware of the action or circumstance giving rise to the
grievance.
19.06 Within ten (10) days after receipt of such
presentation, the Employer at the first level shall reply in writing to the
employee's grievance.
19.07 If the decision of the Employer at level 1 is not
acceptable to the employee, the employee may, not later than the tenth (10th)
day after receipt of the reply at level 1, present his/her grievance for
consideration by the Employer at level 2.
19.08 Within ten (10) days after receipt of the employee's
grievance, the Employer at level 2 shall deliver to the employee a written reply
to the grievance.
19.09 If the decision of the Employer at level 2 is not
acceptable to the employee, the employee may, not later than the tenth (10th)
day after receipt of the reply at level 2, present his/her grievance for
consideration by the Employer at the final level.
19.10 Within twenty-five (25) days after receipt of the
employee's grievance, the Employer at the final level shall deliver to the
employee a written reply to the grievance.
19.11 In every instance where the employee is represented by
the Council, the Employer shall forward a copy of the reply to the grievance to
the Council.
19.12 Where the Employer at any level fails to reply to the
employee's grievance within the prescribed time limits, the employee may present
his/her grievance to the next level not later than the fifteenth (15th)
day after the last day on which the Employer was required to reply to the
employee's grievance at the last preceding level of the Grievance Procedure.
**
19.13 Where an employee has presented a grievance up to and
including the final level in the grievance process with respect to:
(a) the interpretation or application in respect of the employee of a
provision of a collective agreement or arbitral award,
or
(b) disciplinary action resulting in discharge, suspension or a financial
penalty,
and the employee's grievance has not been dealt with to the employee's
satisfaction the employee may refer the grievance to adjudication in accordance
with the provisions of the Public Service Labour Relations Act and Regulations.
19.14 The time limits stipulated in this procedure may be
extended by mutual agreement of the parties involved in the grievance.
19.15 Where the Employer discharges an employee, the
Grievance Procedure set forth in this article shall apply, except that the
decision on the grievance shall be made by the Employer at the final level only.
The written reply to the grievance shall be delivered to the employee and, if
applicable, to the Council, within thirty (30) days.
19.16 Where an employee fails to present a grievance to the
next higher level in the Grievance Procedure within the established time limits,
the employee shall be deemed to have abandoned the grievance.
19.17
(a) Where an employee can establish that a grievance has been presented, and
the Employer has not received same, the grievance may be resubmitted to the
appropriate level. Such presentation shall have the same force and effect as the
first grievance submitted.
(b) A second grievance shall not be presented more than thirty (30) days
after the day on which the first grievance was presented.
19.18 The Employer acknowledges the employee's right to
representation by the Council in the presentation of his/her grievance at any
level in the Grievance Procedure, including the complaint level referred to in
clause 19.02.
20.01 The Employer shall make all reasonable provisions for
the occupational safety and health of employees. The Employer will welcome
suggestions on the subject from the Council and the parties undertake to consult
with a view to adopting and expeditiously carrying out reasonable procedures and
techniques designed or intended to prevent or reduce the risk of employment
injury. The Council agrees to encourage its members to observe all safety rules
and to use all appropriate protective equipment and safeguards.
21.01 Both parties recognize the overall advantages of
technological change, as well as the effects that its introduction sometimes has
on specific individuals when such change results in loss of jobs. Therefore,
both parties shall encourage and promote improvements in production and
moreover, will cooperate to find ways of reducing, and if possible, eliminating
the loss of employment which may be the direct result of any major improvements.
21.02 Recognizing the nature of the Fleet Maintenance
Facility Cape Scott's operations, the Employer will provide one hundred and
twenty (120) days' advance notice, whenever possible, of the introduction or
implementation of technological change when it may result in significant change
in the employment status or working conditions of employees.
21.03 The Employer agrees to consult with the Council with a
view to resolving problems which may arise as a result of the introduction of
such technological change.
21.04 The Council shall be informed in advance of all
training courses related to technological change and, except when prevented by
unforeseen circumstances or short notice, the Employer agrees to display in
appropriate locations notices of forthcoming job-related training courses.
Management will consult with the Council when establishing training criteria for
such courses.
22.01 This Agreement may be amended by mutual consent.
23.01 Dirty Work
(a) The Employer agrees to continue the present practice of paying a dirty
work allowance to an employee for work requiring exposure to particularly dirty
or obnoxious conditions.
(b) An employee, who while working is exposed to such conditions, shall be
paid a dirty work allowance equal to twenty-five per cent (25%) of the
employee's basic hourly rate of pay on a prorata basis for actual time exposed
to these conditions.
(c) Present practice shall not be limited to work delineated in the Civilian
Personnel Administrative Order 6.18 (Dirty Work Allowance), but shall include
situations agreed to by the parties as being particularly dirty or obnoxious, or
which an adjudicator determines as being particularly dirty or obnoxious.
(d) Consultation between the supervisor and Shop Steward will take place with
a view to immediate resolution of disagreements on dirty work.
(e) Recognizing that changes in methods will introduce new situations which
may qualify for compensation as outlined above, and delete old situations, local
management will consult with the Council with a view to reviewing jobs for which
compensation will be paid.
(f) The utilization of either clause 23.01(d) or (e) will not serve to deny
an employee the right to present a grievance arising out of the application of
clause 23.01(a).
23.02 Height Pay
An employee shall be paid a height pay allowance equal to twenty-five per
cent (25%) of the employee's basic hourly rate of pay on a prorata basis for
actual time worked:
(a) on land-based radio antenna towers of five hundred (500) feet or more
where they may be required to work up to the full height of the tower;
(b) while suspended from a crane in a bucket or boatswain's chair;
(c) while suspended in a boatswain's chair above 02 deck in Iroquois and
Halifax Class uptakes;
(d) more than thirty (30) feet above the base of ship's masts where no
scaffolding is arranged, except for riggers, rigger helpers and rigger
apprentices;
(e) for repair work on jetty cranes which is at height greater than thirty
(30) feet above the crane base and no scaffolding exists, except for riggers,
rigger helpers and rigger apprentices;
(f) for installation work on the side of buildings, ships or structures
thirty (30) feet above the ground in CFB Halifax or other establishments where
the method of support is by moveable platform (excluding manlifts) or
boatswain's chair or mast box;
(g) for erecting or removing staging on the outboard side of the fixed
structure supporting the SLA 15 Antenna Group, STIR and CIWS, on Iroquois and
Halifax Class ships;
(h) on repair work on CPF CWIS, CPF AFT STIR, Port and STBD STIR on Iroquois
class ships, and aft CWIS upper platform on AOR class ships, in instances where
staging is not provided and the method of support is by safety harness;
and
**
(i) While tying off grey and black water support lines when a ship is on the
synchrolift in situations where there is no guard rail or the guard rail has
been dismantled during progression of this work.
New technology in similar circumstances will be open for discussion.
23.03 Submarine Trials
(a) When an employee is required to be in a submarine during trials under the
following conditions:
(i) the employee is in a submarine when it is in a closed down condition
either alongside a jetty or within a harbour, on the surface or submerged, i.e.,
when the pressure hull is sealed and undergoing trials such as vacuum tests,
high pressure tests, snort trials, battery ventilation trials or other
recognized formal trials, or the submarine is rigged for diving;
or
(ii) the employee is in a submarine when it is beyond the harbour limits on
the surface or submerged;
the employee shall be compensated for all hours aboard at the applicable rate
of pay for all hours worked and at the straight-time rate for all unworked
hours.
(b) In addition, an employee shall receive a submarine trials allowance equal
to twenty-five per cent (25%) of the employee's basic hourly rate for each
completed one-half (1/2) hour the employee is required to be in a submarine
during trials as per the conditions prescribed in sub-clause 23.03(a).
23.04 Sea Duties Aboard Surface Vessels
When an employee is required to go to sea (i.e. beyond the harbour limits) in
a vessel for the purpose of conducting trials, repairing defects, dumping
ammunition, etc., the employee shall be compensated, from the time he/she
reports aboard until one (1) hour after reaching the harbour limits on the final
return, as follows:
(a) for the first twelve (12) hours aboard or less, at the applicable rate of
pay;
(b) for all hours aboard in excess of twelve (12) hours, at the applicable
rate of pay for all hours worked and at the regular rate of pay for all unworked
hours.
For the purpose of this clause, an employee is considered to be working if
he/she is actually performing or assisting in the performance of the duties of
the job or has received specific instructions to remain available for work at
the specific location where the work is being performed.
**
23.05 Transfer at Sea Allowance
When an employee is required to transfer to a ship, submarine or barge (not
berthed) from a helicopter, ship's boat, yardcraft or auxiliary vessel, the
employee shall be paid a transfer allowance of ten dollars ($10.00) except when
transferring between vessels and/or work platforms which are in a secured state
to each other for the purpose of performing a specific task such as deperming.
If the employee leaves the ship, submarine or barge by a similar transfer, the
employee shall be paid an additional ten dollars ($10.00).
23.06 Part-time Instructor Allowance
When an employee other than a Leadhand, is required to act as a facilitator,
team leader or to instruct a course on a part-time basis, the employee shall be
paid, in addition to the applicable rate of pay, the Leadhand rate for the
actual time the employee is performing the duties.
24.01 An employee who is regularly scheduled to work third
(evening) or first (night) shift shall be paid a shift premium of:
(a) one-seventh (1/7) of the employee's basic hourly rate of pay for each
hour worked on third (evening) shift,
and
(b) one-seventh (1/7) of the employee's basic hourly rate of pay for each
half-hour worked on the first (night) shift.
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