Ship Repair - West (SRW) (Archived)

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.

(a) The existing practice will be maintained of providing rain and cold weather gear and protective clothing to employees exposed to chemical or physical conditions which are out of the usual course but are directly related to the job and the Employer will make all reasonable effort to issue such clothing.

(b) Riggers will be provided with high visibility identification when signalling or hook-tending on jetty or mobile cranes.

ARTICLE 21
TECHNOLOGICAL CHANGE

21.01 Both parties recognize the overall advantages of technological improvement, as well as the effects that its introduction sometimes has on specific individuals when such changes result in loss of jobs. Therefore, both parties will encourage and promote improvements in production processes 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. With this in view, management will notify the Council in advance of any significant change in process.

21.02 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.

ARTICLE 22
AGREEMENT RE-OPENER

ARTICLE 23
ALLOWANCES

(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.

The dirty work allowance shall be paid for situations agreed to by the parties as being particularly dirty or obnoxious or for which an adjudicator determines as being particularly dirty or obnoxious.

(b) Consultation between the Shop Supervisor and Shop Steward will take place with a view to immediate resolution of disagreements on dirty work.

(c) 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.

(d) The utilization of either clause 23.01(b) or (c) will not serve to deny an employee the right to present a grievance arising out of the application of clause 23.01(a).

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(e) No allowance under this clause will be paid to an employee performing the duties of a Production Supervisor (MGT-1).

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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;

(d) more than thirty (30) feet above the base of ship's masts where no scaffolding is arranged, except for riggers and rigger apprentices;

(f) while operating a JLG on land with the JLG boom extended such that the base of the operator's platform is at a height greater than thirty (30) feet above the tire base.

(g) 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 and rigger apprentices;

(h) for installation work on the side of buildings, ships or structures thirty (30) feet above the ground in CFB Esquimalt or other establishments where the method of support is by moveable platform (excluding manlifts) or boatswain's chair or mast box;

(i) 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.

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(j) 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.

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 fifteen (15) minutes 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.

When an employee is required to proceed to a ship under trials at sea or to a ship proceeding to sea or to a ship proceeding to sea on trials, by helicopter, yardcraft or auxiliary vessel and is required to transfer from the helicopter, yardcraft or auxiliary vessel to the ship undergoing sea trials, the employee shall be paid a transfer allowance of five dollars ($5.00). If the employee leaves the ship by similar transfer the employee shall be paid a further five dollars ($5.00).

(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;

(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.

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(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 23.05(a).

ARTICLE 24
SHIFT PREMIUM

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-fifteenth (1/15) of the employee's basic hourly rate of pay for each hour worked on third (evening) shift,

(b) one-fifth (1/5) of the employee's basic hourly rate of pay for each hour worked on the first (night) shift.

ARTICLE 25
PAY

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.

(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 subclause 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.

(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 the employee is appointed.

(b) The Employer will on written request provide a copy of his/her work description.

When an employee is required by the Employer to perform substantially the duties of a higher position on an acting basis, the employee shall be paid acting pay from the date on which the employee commenced to act for the period in which the employee acts as if he/she had been appointed to that higher classification level.

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 provisions of this clause shall not apply to an employee on "layoff" 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 25.04 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.

ARTICLE 26
LOSS OF PERSONAL EFFECTS

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 one thousand dollars ($1,000) 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.

ARTICLE 27
TOOLS

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 neglect or 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.

ARTICLE 28
ILLEGAL STRIKES

28.01 The Public Service Staff 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.

ARTICLE 29
NOTICE TO AMEND OR RENEW THE COLLECTIVE AGREEMENT

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 Staff Relations Act.

ARTICLE 30
JOINT CONSULTATION

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:

ARTICLE 31
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

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 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing or within a reasonable period thereafter.

31.03 Upon written request of an employee, the personnel file of that employee may be made available once per year for the employee's examination in the presence of an authorized representative of the Employer.

31.04 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.

31.05 Where an employee is required to attend a meeting on disciplinary matters the employee is entitled to have a representative of the Council attend the meeting.

ARTICLE 32
HARASSMENT

32.01 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.

(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 32.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual consent.

ARTICLE 33
NATIONAL JOINT COUNCIL AGREEMENTS

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 Staff Relations Act (PSSRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Schedule III of the PSSRA.

33.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Staff 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 following 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:

33.04 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 19.01 of this Collective Agreement.

ARTICLE 34
DURATION AND RENEWAL

34.01 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date of signature of the Collective Agreement.

APPENDIX "A"

SR(W) - SHIP REPAIR GROUP
(All Employees Located on the West Coast)

(1) This rate will be paid to a MAN-7 (Welder) upon satisfactory completion of a High-Pressure Welding Test, while remaining qualified and for the time actually spent on the following type of high-pressure welding:

- all pipes, valves and pressure vessels subject to test pressure of 100 PSIG and above;

- all welding on evaporator baskets.

(2) This rate will be paid to a PIP-8 (Pipefitter) upon satisfactory completion of a High-Pressure Brazing Test, while remaining qualified and for the time actually spent on the following types of brazing:

- pipes, valves and gauges subject to test pressure of 450 PSIG and above.

(3) This rate will be paid to a qualified WOW-8 (Shipwright) or BOB-9 (Boilermaker) for the time actually spent performing the duties of a Loftsman or Patternmaker.

(4) This rate will be paid to employees in Pay Group 4 upon satisfactory completion of a Bailey Meter Technician Trade Test.

(5) This rate will be paid to an EEW-10 (Marine Electrician) upon satisfactory completion of an Electrical Technician Trade Test.

(6) This rate will be paid to an EEW-10 (R) (Electronic Repairman) upon satisfactory completion of an Electronic Technician Trade Test.

(7) All periods represent nine hundred (900) worked hours. An apprentice in the bargaining unit prior to the signing of the collective agreement, will remain in this pay group and continue to progress in increment periods until the completion of their apprenticeship.

(8) All periods represent nine hundred (900) worked hours. An apprentice which enters the bargaining unit after the signing of the collective agreement, will follow this pay group.

(9) The increment period for employees paid in these scales of rates, other than part-time employees, is twelve (12) months.

(10) The pay increment policy of the Employer shall be extended to include part-time employees whose scheduled hours of work, on an annual basis, average twenty (20) or more but less than forty (40) hours per week. The pay increment period, in months, for the employees referred to in this pay note shall be determined by the following formula:

but where the period determined by this formula is not a multiple of three (3), it will be increased to the nearest multiple of three (3).

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(11) An employee in the bargaining unit on September 30, 2000, who is appointed or deployed to a position in the above Pay Group 1 on the date of signing of the collective agreement, will receive a comprehensive lumpsum payment of a nominal value of $1,300, in lieu of the economic increase for the period of October 1, 2000 to September 30, 2001.

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(12) An employee in the bargaining unit on September 30, 2001, who is appointed or deployed to a position in the above Pay Group 1 will receive a comprehensive lump sum payment of a nominal value of $1,200, in lieu of the economic increase for the period of October 1, 2001 to September 30, 2002.

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(13) An employee in the bargaining unit on September 30, 2002, who is appointed or deployed to a position in the above Pay Group 1 will receive a comprehensive lump sum payment of a nominal value of $1,100, in lieu of the economic increase for the period of October 1, 2002 to September 30, 2003.


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