|
25.01 Except as provided in this Article, the terms and
conditions governing the application of pay to employees are not affected by
this Agreement.
25.02
(a) The rates of pay set forth in Appendix "A" shall become
effective on the date specified therein.
(b) Where the rates of pay set forth in Appendix "A" have an
effective date prior to the date of signing of the collective agreement, the
following shall apply:
(i) "retroactive period", for the purpose of sub-clause
25.02(b)(ii) to (v), means the period commencing on the effective date of the
retroactive upward revision in rates of pay and ending on the day the
collective agreement is signed or when an arbitral award is rendered
therefore;
(ii) a retroactive upward revision in rates of pay shall apply to
employees, former employees or in the case of death the estates of former
employees, who were employees in the bargaining unit during the retroactive
period;
(iii) rates of pay shall be paid in an amount equal to what would have been
paid had the collective agreement been signed or an arbitral award rendered
therefore on the effective date of the revision in rates of pay;
(iv) in order for former employees, or in the case of death for the former
employees' representatives, to receive payment in accordance with sub-clause
25.02(b)(iii), the Employer shall notify, by registered mail, such individuals
at their last known address that they have thirty (30) days from the date of
receipt of the registered letter to request in writing such payment after
which time any obligation upon the Employer to provide payment ceases;
(v) no payment nor notification shall be made pursuant to sub-clause
25.02(b) for one (1) dollar or less.
25.03
(a) An employee is entitled to be paid for services rendered at the rate of
pay specified in Appendix "A" for the classification of the position
to which he or she is appointed.
(b) Acting Pay
An employee, when required by the Employer to perform substantially the
duties of a higher position on an acting basis shall:
(i) be required to act in the higher position for a period of no less than
one (1) day.
(ii) be paid acting pay from the date on which the employee commenced to
act for the full period in which the employee acts as if the employee had been
appointed to that higher classification level.
25.04 Delayed Progression to Next Pay Period(s) for Apprentices
When an apprentice has not worked the required nine hundred (900) hours in a
six (6)-month period, the make-up time will be deducted from hours worked
in the next six (6)-month period and progression to the next pay period
will be paid the day after the day the nine hundred (900) hours have been
worked. Thus, in that succeeding six (6)-month period, depending on the total
hours to be made up, an apprentice may receive both progression to the next pay
period related to make-up time and progression to the next period based on an
additional nine hundred (900) hours worked.
25.05 When an employee is temporarily required by the
Employer to perform the duties of a classification in the bargaining unit with a
lower rate of pay than the employee is receiving, the employee shall continue to
hold the employee's higher classification and be paid at the rate for that
classification.
The provision of this clause shall not apply to an employee on
"lay-off" as defined in clause 2.01(m).
25.06 An employee who was receiving a holding rate of pay on
the effective date of this Agreement shall continue to receive that rate of pay
until such time as there is a rate for the employee's classification level which
is equal to or higher than the employee's holding rate. At that time, the
employee will be paid the rate which is equal to or higher than the employee's
holding rate.
25.07 Payments made as a result of clause 25.05 shall not
change the holding rates of pay or the holding scale of rates to which an
employee is entitled.
25.08 For the information of employees the assignment of
jobs to sub-groups and levels shall be as described in Appendix "A".
25.09 If, during the term of this Agreement, a new
classification standard is established, and new rates of pay are applied, any
disagreement between the parties arising out of the new rates of pay shall be
subject to negotiation.
26.01 An employee who suffers loss of clothes or personal
effects will be compensated in accordance with Order-in-Council PC-1991-8/1695.
26.02 Where an employee is assigned to duty aboard a ship
and suffers loss of clothing or personal effects (those which can reasonably be
expected to accompany the employee aboard the ship) because of a marine accident
or disaster, the employee shall be reimbursed the value of those articles up to
a maximum of three thousand dollars ($3,000) based on replacement cost less the
usual rate of depreciation.
26.03 An employee or the employee's estate making a claim
under this Article shall submit to the Employer reasonable proof of such loss,
and shall submit a signed affidavit listing the individual items and values
claimed.
27.01 The Employer agrees to continue its present practice
of supplying tools where it considers them necessary, and such tools shall
remain the property of the Employer.
27.02 An employee who through negligence destroys or loses
any of the tools issued to the employee by the Employer shall be held
responsible for such damage or loss based on replacement cost less the usual
rate of depreciation.
**
28.01 The Public Service Labour Relations Act
provides penalties for illegal strikes. A strike includes a cessation of work or
a refusal to work or to continue to work by employees in combination or in
concert or in accordance with a common understanding, or a slowdown or other
concerted activity on the part of employees designed to restrict or limit
output.
**
29.01 Should either party, at the expiration of this
Agreement desire amendments or alterations therein for its renewal, a written
notice to that effect shall be served upon the other party in accordance with
the provisions of the Public Service Labour Relations Act.
30.01 The Employer and the Council recognize that
consultation and communication on matters of mutual interest outside the terms
of the Collective Agreement should promote constructive and harmonious
Employer-Council relations.
30.02 It is agreed that Labour-Management meetings are an
appropriate forum for consultation; that a subject for discussion may be within
or without the authority of either the Management or Council representatives. In
these circumstances, consultation may take place for the purpose of providing
information, discussing the application of policy or air problems to promote
understanding, but it is expressly understood that no commitment may be made by
either party on a subject that is not within their authority or jurisdiction,
nor shall any commitment made be construed as to alter, amend, add to, or modify
the terms of this Agreement.
30.03 The following matters may be regarded as appropriate
subjects for joint consultation:
(a) accident prevention;
(b) productivity;
(c) leave administration;
(d) training;
and
(e) contracting out.
31.01 When a formal review of an employee's performance is
made, the employee concerned shall be given an opportunity to discuss and then
sign the review form in question to indicate that its contents have been read
and understood. A copy of the completed review form will be provided to the
employee.
31.02 Upon written request of an employee, the personnel
file of that employee shall be made available once per year for the employee's
examination in the presence of an authorized representative of the Employer.
32.01 Upon written request, an employee shall be given a
copy of his/her current position analysis schedule (PAS).
**
33.01 Agreements concluded by the National Joint Council
(NJC) of the Public Service on items which may be included in a collective
agreement, and which the parties to this agreement have endorsed after December
6, 1978, will form part of this Collective Agreement, subject to the Public
Service Labour Relations Act (PSLRA) and any legislation by Parliament that
has been or may be, as the case may be, established pursuant to any Act
specified in section 113(b) of the PSLRA.
**
33.02 NJC items which may be included in a collective
agreement are those items which the parties to the NJC agreement have designated
as such or upon which the Chairman of the Public Service Labour Relations Board
has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding
which became effective December 6, 1978.
33.03 The directives, policies or regulations as amended
from time to time by National Joint Council recommendation, and which have been
approved by the Treasury Board of Canada, form part of this Collective Agreement
(Appendix "B" refers).
During the term of this Collective Agreement, other directives, policies or
regulations may be added.
34.01 Unless otherwise expressly stipulated, the provisions
of this Collective Agreement shall become effective on the date of signature of
the Collective Agreement.
**
34.02 This Collective Agreement shall expire on December 31,
2006.
35.01 The Council and the Employer recognize the right of
employees to work in an environment free from sexual harassment and agree that
sexual harassment will not be tolerated in the work place.
35.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
35.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with sexual harassment. The selection
of the mediator will be by mutual agreement.
36.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practiced with respect to an employee by reason of age, race,
creed, colour, national origin, religious affiliation, sex, sexual orientation,
family status, mental or physical disability, membership or activity in the
Council, marital status or a conviction for which a pardon has been granted.
36.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
36.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with discrimination. The selection of
the mediator will be by mutual agreement.
Education Leave Without Pay
37.01 The Employer recognizes the usefulness of education
leave. Upon written application by the employee and with the approval of the
Employer, an employee may be granted education leave without pay for varying
periods of up to one (1) year, which can be renewed by mutual agreement, to
attend a recognized institution for studies in some field of education in which
preparation is needed to fill the employee's present role more adequately or to
undertake studies in some field in order to provide a service which the Employer
requires or is planning to provide.
37.02 At the Employer's discretion, an employee on education
leave without pay under this article may receive an allowance in lieu of salary
of up to one hundred per cent (100%) of the employee's annual rate of pay,
depending on the degree to which the education leave is deemed, by the Employer,
to be relevant to organizational requirements. Where the employee receives a
grant, bursary or scholarship, the education leave allowance may be reduced. In
such cases, the amount of the reduction shall not exceed the amount of the
grant, bursary or scholarship.
37.03 Allowances already being received by the employee may
at the discretion of the Employer be continued during the period of the
education leave. The employee shall be notified when the leave is approved
whether such allowances are to be continued in whole or in part.
37.04 As a condition of the granting of education leave
without pay, an employee shall, if required, give a written undertaking prior to
the commencement of the leave to return to the service of the Employer for a
period of not less than the period of the leave granted.
If the employee:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion of the course;
or
(c) ceases to be employed, except by reason of death or lay-off, before
termination of the period he or she has undertaken to serve after completion of
the course;
the employee shall repay the Employer all allowances paid to him or her under
this article during the education leave or such lesser sum as shall be
determined by the Employer.
Career Development Leave With Pay
37.05
(a) Career development refers to an activity which in the opinion of the
Employer is likely to be of assistance to the individual in furthering his or
her career development and to the organization in achieving its goals. The
following activities shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic institution;
(iii) a seminar, convention or study session in a specialized field
directly related to the employee's work.
(b) Upon written application by the employee, and with the approval of the
Employer, career development leave with pay may be given for any one of the
activities described in sub-clause 37.05(a) above. The employee shall receive no
compensation under Article 15, Hours of Work and Overtime, and Article 17,
Travelling, of this collective agreement during time spent on career development
leave provided for in this clause.
(c) Employees on career development leave shall be reimbursed for all
reasonable travel and other expenses incurred by them which the Employer may
deem appropriate.
Examination Leave With Pay
37.06 At the Employer's discretion, examination leave with
pay may be granted to an employee for the purpose of writing an examination
which takes place during the employee's scheduled hours of work. Such leave will
only be granted where, in the opinion of the Employer, the course of study is
directly related to the employee's duties or will improve his or her
qualifications.
38.01 When an employee is required to attend a meeting, the
purpose of which is to conduct a disciplinary hearing concerning him or her or
to render a disciplinary decision concerning him or her, the employee is
entitled to have, at his or her request, a representative of the Council attend
the meeting. Where practicable, the employee shall receive a minimum of one (1)
day's notice of such meeting.
SIGNED AT OTTAWA, this 2nd day of the month of June 2006.
|
THE TREASURY BOARD
OF
CANADA
|
|
THE FEDERAL GOVERNMENT
DOCKYARD TRADES
AND
LABOUR COUNCIL (EAST)
|
|
THE TREASURY BOARD
OF
CANADA
|
|
THE FEDERAL GOVERNMENT
DOCKYARD TRADES
AND
LABOUR COUNCIL (EAST)
|
|
