COUNCIL AFFILIATES
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INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS
LOCAL NO. 2797
ARTICLE 2
INTERPRETATION AND DEFINITIONS
2.01
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(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;
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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.
ARTICLE 3
CONFLICT BETWEEN FUTURE LEGISLATION AND THE COLLECTIVE AGREEMENT
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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.
ARTICLE 5
MANAGERIAL RESPONSIBILITIES
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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.
ARTICLE 6
RECOGNITION
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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.
ARTICLE 8
COUNCIL SECURITY
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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.
ARTICLE 9
LEAVE - GENERAL
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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.
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9.06 Leave credits will be earned on a basis of a day being
equal to eight (8) hours.
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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.
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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.
ARTICLE 10
VACATION LEAVE WITH PAY
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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.
Scheduling of Vacation Leave With Pay
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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.
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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.
ARTICLE 11
DESIGNATED PAID HOLIDAYS
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11.05 Compensation for Work on a Holiday
Where an employee works on a holiday the employee shall be paid at the
following rates:
(a) holiday pay plus double time for the first eight (8) hours of work,
(b) triple time for hours worked in excess of eight (8).
The compensation that the employee would have been granted as holiday pay had
the employee not worked on a designated paid holiday is eight (8) hours
remunerated at straight-time.
ARTICLE 12
SICK LEAVE WITH PAY
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12.03 Unless otherwise informed by the Employer, a statement
signed by the employee stating that because of illness or injury the employee
was unable to perform his or her duties shall, when delivered to the Employer,
be considered as meeting the requirements of clause 12.02(a), if the period of
leave requested does not exceed five (5) days.
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