Electronics (EL) 404 (Archived)

23.01 A day is the twenty-four (24) hour period commencing at 00:00 hours and ending at 24:00 hours.

23.02 An employee's regularly scheduled daily hours of work are hours which may fall within one (1) day or may embrace the latter part of one (1) day and the beginning of the following day.

(a) a thirty-seven and one-half (37 1/2) hour work week as described in clause 23.04,

(b) an average of thirty-seven and one-half (37 1/2) hours per week as described in clause 23.05,

in neither case shall there be split-shifts, that is, a normal schedule where the period of work is divided by more time than that provided as a meal break, except as provided in clause 23.16.

(a) Normal scheduled hours of work for non-operating employees shall be thirty-seven and one-half (37 1/2) hours per week consisting of five (5) consecutive days, Monday to Friday inclusive, each day to be seven and one-half (7 1/2) hours (exclusive of a meal break) between the hours of 07:00 and 18:00 local time.

(b) These employees will be provided with a scheduled unpaid meal break of not less than thirty (30) consecutive minutes nor more than one (1) hour commencing between one-half (1/2) hour prior to and one (1) hour following the mid-point of the normal work period except that a meal break of less than thirty (30) minutes may be granted to compensate for summer hours. It is recognized that in extenuating circumstances the meal break may be advanced or delayed because of work requirements. However, if the employee is able to take a meal break of at least a half (1/2) hour's duration commencing within the time prescribed it shall be considered as satisfying the requirements of this clause. If an employee is not able to take a meal break within the prescribed time period the period of the meal break shall be counted as time worked.

(a) Normal hours of work for operating employees shall be an average of thirty-seven and one-half (37 1/2) hours per week consisting of an average of five (5) days per week, each day to be seven and one-half (7 1/2) hours exclusive of a meal break.

(b) These employees will be provided with a scheduled unpaid meal break of thirty (30) consecutive minutes' duration commencing within one-half (1/2) hour prior to and one (1) hour following the mid-point of their shift. It is recognized that in extenuating circumstances the meal break may be advanced or delayed because of operational requirements. However, if the employee is able to take a meal break of a half (1/2) hour's duration commencing during the period of time prescribed it shall be considered as satisfying the requirements of this clause. If an employee is not able to take a meal break within the prescribed time period the period of the meal break shall be counted as time worked.

(c) Subject to all conditions in (b) above except the time at which a meal period may be scheduled, a meal break on the evening shift (16:00-24:00), may be taken at a time other than as specified above when by agreement of the Manager and the Steward responsible for that location, a different time for the meal break is established. When such alternative is established, it shall not again be changed except by thirty (30) days' written notice to the Manager by the Steward, or thirty (30) days' written notice to employees concerned at the site by the Manager.

(d) Subject to all conditions in (b) above except the length of the meal period, an unpaid meal break during the day shift (08:00-16:00) may be up to one (1) hour by agreement of the Manager and the Steward responsible for that location. When such period is established, it shall not again be changed except by thirty (30) days' written notice to the Manager by the Steward, or thirty (30) days' written notice to employees concerned at the site by the Manager.

(i) whose hours of work are prescribed in accordance with sub-clause 23.05(a),

and

(ii) who provide twenty-four (24) hour coverage,

to remain at their place of work and to be available to return immediately to duty during their one-half (1/2) hour unpaid meal break. In such circumstances, whether the employee works or does not work, such meal break will be paid at the employee's straight-time hourly rate and does not form part of the employee's normal hours of work as prescribed in sub-clause 23.05(a). Employees covered by this clause are excluded from the provisions of sub-clause 23.05(b), Article 25 and 29 of this Agreement, and under no circumstances will employees receive any other compensation for the half (1/2) hour meal break under any other provision of this collective agreement.

(f) An operating employee will not be scheduled to work more than seven (7) consecutive days.

Nothing in this Agreement shall be construed as guaranteeing an employee minimum or maximum hours of work.

Each employee shall be given two (2) paid break periods of fifteen (15) minutes each during each working shift.

(b) The Employer may schedule shifts to commence not more than one (1) hour before or one (1) hour after the times outlined above.

(c) Before scheduling shifts more than one (1) hour before or one (1) hour after the times listed above the Employer will consult with the Union.

(d) There shall be an equitable distribution of shift work among available qualified employees.

(e) When the scheduled shift hours are modified in accordance with 23.08(b) and (c), then a day as defined in 23.01 is modified accordingly.

(a) A shift schedule must be of not less than twenty-eight (28) days' duration and will be posted at least fifteen (15) days in advance in order to provide an employee with reasonable notice as to the shift he/she will be covering.

(b) Every reasonable effort will be made by the Employer not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's last shift.

(c) The schedule may be an entire shift cycle in itself or portion thereof and the employees affected shall work an average of thirty-seven and one-half (37 1/2) hours per week over the period of the cycle in accordance with 23.05(a).

(d) The local representative will be provided with a copy of the current shift schedule and shift cycle where practicable.

(e) If the shift schedule is not posted within the time limits in this clause, then the employee's upcoming schedule shall be considered to be a continuation of his/her present shift cycle.

Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

(a) In the event that an individual employee's shift hours and/or days of work are changed to accommodate to an unanticipated absence of an employee, not initiated by the Employer, and less than fifteen (15) days' advance notice of such change is given, the employee shall be paid a premium equal to the amount shown in note 6 of Appendix "B" for work performed on the first scheduled shift changed in addition to his/her daily rate of pay. When an employee works less than three point seven five (3.75) hours of the first scheduled shift changed no premium will be paid.

(b) In the event that an individual employee's shift hours and/or days of work are changed for reasons other than accommodating to an unanticipated absence of an employee not initiated by the Employer, and less than twenty-one (21) days' advance notice of such change is given, the employee shall be paid a premium equal to the amount shown in note 6 of Appendix "B" in addition to his/her daily rate of pay for work performed on each of the changed scheduled shifts for which twenty-one (21) days' advance notice was not given to a maximum of three (3). When an employee works less than three point seven five (3.75) hours of any scheduled shift changed no premium will be paid for that shift.

(c) Any return to the employee's previous hours and/or days of work will not be considered a change subject to premium pay under this clause, unless the return is delayed beyond ten (10) working days following the date of notification of the change.

(i) The above shall not apply to an employee who requests a change.

(ii) The above shall apply to an employee assigned to a course away from his/her assigned work place.

(i) Notwithstanding the above, a change to an employee's shift schedule shall not reschedule the first group of previously scheduled days of rest.

The "first group of previously scheduled days of rest" means the days of rest shown on the employee's unchanged shift schedule, immediately following but not necessarily contiguous to the day prior to the change.

(ii) An employee required to work on the "first group of previously scheduled days of rest", will be compensated for those days, at the applicable overtime rate as specified in clauses 24.05 and 24.06 but will not be entitled to the premiums provided in sub-clauses 23.11(a) and (b).

Except as provided in 23.10, the Employer agrees that before a shift schedule or shift cycle is changed, if the change will affect more than one (1) employee, the change will be discussed with the local representative where practicable.

An employee who has not had a break of eight (8) consecutive hours during a twenty-four (24) hour period in which he/she works more than fifteen (15) hours shall not be required to report for work on his/her regularly scheduled shift until a period of ten (10) hours has elapsed from the end of the period of work that exceeded fifteen (15) hours. If, in the application of this clause, an employee works less than his/her regularly scheduled shift he/she shall, nevertheless, receive his/her regular daily rate of pay.

For the purpose of this clause, time necessarily spent in travel required by the Employer, shall be considered as time worked.

It is understood that certain employees, because of the nature of their duties, may be required to change from a non-operating employee to an operating employee (or vice versa) for varying periods of time. No change in the employee's status (Operating or Non-Operating) will be made unless the requirement to change is consistent for thirty (30) consecutive calendar days or more. Advance notice of such requirement which will involve a change in the employee's status should be given at the earliest possible date but in any case not less than thirty (30) calendar days prior to the earliest date that the changed circumstance may commence. If notice of the change is less than thirty (30) calendar days, the employee shall be paid a premium equal to the amount shown in note 6 of Appendix "B" for each shift or day worked during the period of the change for which he/she has not received thirty (30) calendar days' notice. Such notice shall not be required when the employee concerned is promoted, is acting in a higher level position or the change is in response to the employee's request.

23.15 It is recognized that when circumstances warrant certain non-operating employees may be required to work their normal daily hours within a schedule which deviates from their normal daily schedule as specified in clause 23.04. When a non-operating employee is required to work his/her normal seven and one-half (7 1/2) hours a day at times other than those specified in clause 23.04 the employee shall receive his/her normal daily rate of pay plus a premium payment as follows:

(1) for the first and second day, in accordance with note 7 of Appendix "B" for each day,

(2) for the third, fourth and fifth day, in accordance with note 8 of Appendix "B" for each day,

(3) for the sixth and subsequent days, in accordance with note 9 of Appendix "B" for each day.

If the employee works less than three point seven five (3.75) hours he/she shall receive the full premium for the day and revert to his/her normal schedule for that day which will be reduced by the equivalent number of hours that the employee worked. If the employee works three point seven five (3.75) hours or more he/she shall be paid the full premium for the day and his/her normal daily rate of pay.

Hours worked in excess of seven and one-half (7 1/2) hours per day shall be subject to Article 25.

23.16 In accordance with clause 23.03 and notwithstanding clauses 23.04 and 23.15 the following shall apply to employees aboard ship:

(a) On ships where operational requirements demand that the employee conform to a Sea Watch system and the Sea Watches are two (2) non-rotating four (4) hour duty periods each followed by an eight (8) hour non-duty period or are rotating four (4) hour Sea Watches followed by an eight (8) hour non-duty period where the rotating is achieved by splitting the 1600-2000-hour Sea Watch, the employee shall work those Sea Watches.

(b) On ships where there is no operational requirement to conform to that Sea Watch system but where the presence of employees is required twenty-four (24) hours a day, the employees concerned shall be subject to clause 23.08.

(c) The normal hours of work under (a) and (b) of this clause shall be seven and one-half (7 1/2) hours per day, exclusive of a meal break, five (5) days per week.

(d) Except for employees of the Department of National Defence eligible under Article 32, for Sea Trials Allowance, advance notice of a ship board assignment shall be given at the earliest possible date but, in any case, no less than seven (7) calendar days prior to such assignment. If advance notice of the assignment is less than seven (7) calendar days, the employee shall be paid a premium equal to the amount shown in note 6 of Appendix "B" for each day during the assignment for which he/she has not received seven (7) calendar days' notice.

ARTICLE 24
DAYS OF REST

24.02 The Employer shall schedule days of rest. Days of rest shall be scheduled on consecutive calendar days and shall consist of two (2) or more such days.

(i) The first day of rest shall be the twenty-four (24) hour period commencing at 00:00 on Saturday.

(ii) The second day of rest shall be the twenty-four (24) hour period commencing at 00:00 on Sunday.

(i) When any shift falls completely within one (1) day and two (2) or more consecutive calendar days are scheduled as days of rest for an employee:

(A) The first day of rest will be that twenty-four (24) hour period which commences immediately after midnight following the employee's preceding regularly scheduled shift.

(B) The second day of rest will be that twenty-four (24) hour period which commences immediately after midnight following the employee's first day of rest.

(C) A subsequent day of rest will be that twenty-four (24) hour period which commences immediately after midnight following the employee's preceding day of rest.

(ii) When any shift overlaps two (2) days:

(A) The first day of rest will be that twenty-four (24) hour period commencing four (4) hours after the end of the employee's preceding scheduled shift.

(B) The second day of rest will be that twenty-four (24) hour period commencing immediately after the end of the employee's first day of rest.

(C) A subsequent day of rest will be that twenty-four (24) hour period commencing immediately after the preceding day of rest.

(iii) The Employer will make every reasonable effort, subject to the operational requirements of the service, to arrange schedules which will permit employees to have a consecutive Saturday and Sunday off at least once every five (5) weeks unless the majority of the employees affected by the schedule express a preference not to do so.

24.03 For there to be a second or subsequent day of rest, the days of rest scheduled for the employee must consist of an unbroken series of consecutive and contiguous calendar days numbering two (2) days or more.

24.04 When a day designated as a holiday under clause 26.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first scheduled working day following his/her day of rest, or to the second day following his/her day of rest if the employee would otherwise lose credit for a designated holiday.

24.05 Work performed on a day of rest shall be paid at one and one-half (1 1/2) times an employee's straight-time hourly rate for the first seven and one-half (7 1/2) hours (exclusive of a meal break) and twice (2) the employee's straight-time hourly rate for all hours in excess of seven and one-half (7 1/2) hours for that day.

24.06 In an unbroken series of consecutive and contiguous days of rest, an employee shall be paid at twice (2) his/her straight-time hourly rate on a day of rest, provided the employee has worked and has received one and one-half (1 1/2) times his/her straight-time hourly rate in accordance with clause 24.05 for any day of rest in that series.

24.07 At the discretion of the Employer, employees on temporary assignment outside of their Headquarters area, other than those on training courses, may be given the opportunity to work on what would otherwise be normal days of rest, where practicable and when work is available. Such work will be paid for at the appropriate overtime rate.

ARTICLE 25
OVERTIME

25.01 An employee shall be paid at his/her straight-time hourly rate for all work performed during his/her regularly scheduled hours of work, including all work performed during regularly scheduled hours of work which embraces not more than two (2) hours of the latter part of a day designated as a holiday or not more than two (2) hours of the latter part of a second day of rest, and not more than two (2) hours at the beginning of the following day.

25.02 Each completed six (6)-minute period of overtime shall be compensated for at the following rates:

(b) notwithstanding 25.01, double (2) time for all hours worked in excess of twelve (12) in a continuous period of work, or, in excess of twelve (12) hours of work in a day. This section shall not apply to Article 27 "Travel", except as specifically provided in Article 27;

(c) an authorized break of up to one (1) hour will not be considered as breaking the continuity of hours worked in order to qualify under sub-clause 25.02(b).

25.03 "Time and one-half" is one and one-half (1 1/2) times the straight-time hourly rate.

**
25.05 Except for employees serving abroad with Foreign Affairs and International Trade where current local conditions for payment of meals will continue, employees working overtime will be granted meal breaks and compensated for meals as follows:

(a) An employee who works three (3) or more hours of overtime immediately before his/her scheduled hours of work shall be provided a paid meal break of up to one-half (1/2) hour duration and be reimbursed his/her expenses for one (1) meal in the amount of nine dollars ($9).

(b) An employee who works three (3) or more hours of overtime immediately following his/her scheduled hours of work shall be provided a paid meal break of up to one-half (1/2) hour duration and be reimbursed his/her expenses for one (1) meal in the amount of nine dollars ($9).

(c) For each four (4) hours an employee works overtime continuously extending beyond the period provided in (a) or (b) above, he/she shall be provided a paid meal break of up to one-half (1/2) hour and be reimbursed at the rate of nine dollars ($9) for each meal.

(d) When, at the request of the employee, a meal period of more than one-half (1/2) hour can be arranged and taken prior to the beginning of an overtime assignment such meal period shall be unpaid time and no reimbursement for expenses will be made. Utilization of this option shall not serve to deny an employee entitlement under (c) above.

(a) If an employee is given instructions, prior to his/her leaving work, to work overtime which is not contiguous to his/her work period and the period of non-contiguous overtime commences twenty-four (24) hours or less from the end of the period of work in which the employee receives such instructions, the employee shall be paid for the time actually worked at the applicable overtime rate, or a minimum of three (3) hours' pay at straight-time, whichever is the greater.

(b) If an employee is scheduled in writing or otherwise informed prior to his/her leaving work, to work overtime which is not contiguous to his/her work period and the period of non-contiguous overtime commences more than twenty-four (24) hours from the end of the period of work in which the employee receives such instructions, the employee shall be paid for the time actually worked at the applicable overtime rate, or a minimum of one (1) hour's pay at straight time, whichever is the greater. However, if the employee is required to report more than once within that period, he/she shall be compensated in accordance with (a) above.

(a) When an employee is required to work either contiguous or non-contiguous overtime and is required to use other than normal public transportation services, the employee's entitlement to transportation costs will be as provided in the Travel Policy.

(b) Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than his/her normal place of work, time spent by the employee reporting to work or returning to his/her residence shall not constitute time worked.

(a) When operational requirements permit, an employee assigned to work away from his/her assigned permanent headquarters or aboard ship may accumulate time off in lieu of overtime at the appropriate overtime rate. Such time off will be liquidated at a mutually acceptable time.

(b) If any time off in lieu of overtime earned in 25.08(a) cannot be liquidated by the end of the fiscal year, then, at the request of the employee and with the approval of the Employer, payment in cash will be made at the employee's rate of pay as of March 31^st.

(c) Overtime earned within the assigned permanent headquarters area or overtime earned outside the headquarters area which does not require an overnight stay shall be compensated in cash, except where, upon request of an employee and, with the approval of the Employer, an employee may be granted time off in lieu of overtime at the appropriate overtime rate.

(d) If any time off in lieu of overtime earned in 25.08(c) cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the employee's rate of pay as of March 31^st.

(a) to allocate overtime work on an equitable basis among readily available qualified employees;

(b) to give employees who are required to work overtime, adequate advance notice of this requirement;

(c) unless otherwise agreed to locally between management and local union representatives, the period of equitable distribution of overtime referred to in (a) above is over a twelve-month (12) period as determined by the Employer.

25.10 An employee aboard ship who performs overtime work which is not contiguous to his/her regularly scheduled hours of work shall be paid the greater of:

ARTICLE 26
DESIGNATED HOLIDAYS

For the purpose of determining lieu days under clauses 26.05, 26.07, 26.08 and 26.09, when Easter Monday and/or Good Friday fall in the month of March, such day(s) shall be deemed to be contained in the following fiscal year.

26.01 Subject to clause 26.02, the following days shall be designated as holidays with pay:

(d) The day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,

(g) The day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,

(k) One (1) day in each year in addition to those listed above which, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, the additional day shall be the first Monday in August,

(l) One (1) additional day when proclaimed by an Act of Parliament as a National Holiday.

(a) Clause 26.01 does not apply to an employee who is absent without permission on his/her scheduled working day immediately preceding or his/her scheduled working day immediately following the designated holiday.

(b) There shall be no payment for designated holidays which occur within a period of leave without pay.

(c) An employee who is not required to perform work on a day designated as a holiday in this Agreement shall be paid at his/her straight-time rate for what would otherwise have been his/her regularly scheduled daily hours had it not been a holiday.

26.03 Subject to clauses 26.05 and 26.06 the following shall apply to Non-Operating Employees:

(a) When a day designated as a holiday under clause 26.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first scheduled working day following his/her day of rest, or the second day following his/her day of rest if the employee would otherwise lose credit for a designated holiday.

(b) When a day designated as a holiday is moved to another day, in accordance with (a) above, work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest.

(c) Work performed by an employee on the day to which the holiday was moved under sub-clause 26.03(b) shall be considered as work performed on a holiday.

(d) When a day that is a designated holiday for an employee falls within a period of leave with pay, the holiday shall not count as a day of leave.

(e) When an employee covered by this clause is required to work on a holiday he/she shall be paid, in addition to the pay he/she would have received had he/she not worked on the holiday, one and one-half (1 1/2) times his/her straight-time hourly rate for all hours worked by him/her up to seven and one-half (7 1/2) hours, exclusive of a meal break, and twice (2) his/her straight-time hourly rate for hours worked in excess of such seven and one-half (7 1/2) hours subject to clause 25.05 in respect of meal breaks.

(f) Notwithstanding sub-clause 26.03(e) an employee assigned to duty outside his/her headquarters' area (other than to training courses conducted under Article 43), who cannot return to his/her headquarters' area for a designated holiday without incurring additional expense to the Employer shall, if he/she so requests and sufficient work is available, work the holiday. For such work the employee shall receive his/her normal daily rate of pay and be provided with a lieu day to be taken at a mutually acceptable time. Hours worked in excess of normal daily hours will be paid for in accordance with Article 25 (Overtime).

26.04 The following shall apply to all employees whose designated paid holidays are governed by one of the following clauses - 26.05, 26.07, 26.08 or 26.09:

(a) The normal work schedule shall require the employees to work on days designated as paid holidays in clause 26.01 or the day to which the holiday is moved as provided in sub-clause 26.04(b).

(b) When a day which is otherwise designated as a paid holiday as provided in clause 26.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first scheduled working day following his/her day of rest or the second day following his/her day of rest if the employee would otherwise lose credit for a designated holiday.

(c) When a day designated as a holiday is moved to another day, in accordance with (b) above, work performed by an employee on the day from which the holiday is moved shall be considered as work performed on a day of rest.

(d) Employees who work on designated paid holidays, or the day to which the holiday is moved as provided in 26.04(b) shall be paid at their straight-time hourly rate for all regularly scheduled hours of work. For hours worked in excess of such seven and one-half (7 1/2) hours employees shall be paid in accordance with Article 25 (Overtime).

26.05 The following shall apply to all Operating Employees except those covered by clause 26.06 and to Non-Operating Employees at isolated posts with an Environment Allowance Classification of 4 or 5:

(a) On April 1^st of each year each employee shall be credited with eleven (11) days in lieu ("lieu days") of designated holidays.

(b) A deduction shall be made from the credited lieu days for which the employee is absent without permission on the designated holiday as listed in clause 26.01 or the day to which the holiday is moved as provided in sub-clause 26.04(b).

(c) Lieu days may be taken in conjunction with days of rest or vacation leave or a combination thereof or as occasional days and shall be charged against the lieu day credits on the basis of one (1) shift for one (1) day.

(d) An employee's lieu days shall be scheduled in the fiscal year in which they are credited to him/her. In scheduling such lieu days the Employer shall, subject to the operational requirements of the service, make every reasonable effort:

(i) to schedule an employee's lieu days on the dates requested when such a request is made in writing prior to May 1^st;

(ii) to give next priority to scheduling lieu days on the dates requested when such a request is made in writing prior to October 1^st;

(iii) to make available to the employee alternative dates, which the employee may accept or decline, for lieu days, the request for which is made by the employee prior to October 1^st, and which cannot be accommodated by the Employer;

(iv) to schedule any remaining lieu days, after consulting with the employee, if as of October 1^st the Employer has been unable to accommodate an employee's request or no request has been filed; such schedule shall be subject to at least twenty-eight (28) days' advance notice; such lieu days shall be scheduled in conjunction with the employee's days of rest or annual vacation and shall not be in excess of five (5) days in any calendar month except by mutual consent;

(v) to provide by mutual agreement lieu days requested on shorter notice, notwithstanding the above.

(e) If an employee's scheduled lieu days are cancelled by the Employer with less than seven (7) days' notice the Employer shall pay the employee for the first shift worked of the cancelled lieu days a premium payment equal to the amount shown in note 6 of Appendix "B". Within five (5) days of such notice of cancellation, the Employer will consult with the employee to establish alternative lieu days.

(f) When operational requirements prevent the Employer from providing lieu days to which the employee was entitled prior to the end of the fiscal year, the remaining days shall be liquidated by the Employer by a premium payment equal to the amount shown in note 10 of Appendix "B" for each day liquidated. The premium payment for a half (1/2) day shall be half of the amount.

26.06 Clauses 26.03 and 26.05 shall not apply to employees while employed at Isolated Posts with an Environment Allowance Classification of 1, 2 or 3 or while assigned aboard ship away from home port. Such employees shall be entitled to days in lieu of holidays as provided in clauses 26.07, 26.08, 26.09 and subject to clause 26.04.

26.07 For all employees as described in clause 26.06 who are so employed at the beginning of the fiscal year and when it is anticipated they will be continuously so employed to or beyond the end of the fiscal year, clause 26.01 shall not apply and the following shall apply:

(a) On April 1^st of each year such employees will be credited with eleven (11) lieu days.

(b) A deduction shall be made from the credited lieu days for any instance in which the employee is absent without permission on the day recognized as the designated holiday in clause 26.01 or the day to which the holiday is moved as provided in sub-clause 26.04(b).

(c) Such lieu days shall be scheduled so they will be taken contiguously with the employee's vacation leave in that fiscal year.

(d) If for any reason the employee's lieu days have not been taken by the end of the fiscal year in which they were earned the days remaining shall be liquidated by the Employer by a premium payment equal to the amount shown in note 10 of Appendix "B" for each day liquidated. The premium payment for a half (1/2) day shall be half of the amount.

26.08 For all employees as described in clause 26.06 who after the beginning of the fiscal year are assigned for a period anticipated to extend to or beyond the end of the fiscal year, clause 26.01 shall not apply during such period and the following shall apply:

(a) The employee will be credited with one (1) lieu day for each holiday he/she has worked during the period, provided he/she was not absent without permission on the day recognized as a designated holiday in clause 26.01 or the day to which the holiday is moved as provided in sub-clause 26.04(b).

(b) Lieu days thus accumulated shall be taken contiguously with the employee's vacation leave in the current or the following fiscal year.

26.09 For all employees as described in clause 26.06 who on or after the beginning of the fiscal year are assigned for a period known to be less than the balance of the fiscal year, clause 26.01 shall not apply during such period and the following shall apply:

(a) On the completion of the term of the assignment the employee will be credited with one (1) lieu day for each holiday he/she has worked during the period, provided he/she was not absent without permission on the day recognized as a designated holiday in clause 26.01 or the day to which the holiday is moved as provided in sub-clause 26.04(b).

(i) Employees who complete their assignments before January 2^nd in any fiscal year shall take their accumulated lieu days at a time preferred by the employee before the end of the fiscal year, operating requirements permitting. Unused lieu days as of March 31^st shall be liquidated by the Employer by a premium payment equal to the amount shown in note 10 of Appendix "B" for each day liquidated. The premium payment for a half (1/2) day shall be half of the amount.

(ii) Employees who complete their assignments on or after January 2^nd may take their lieu days as provided for in (i) above or may carry all or part of them over into the next fiscal year.

26.10 Any lieu days taken under clauses 26.05, 26.07, 26.08 or 26.09 in advance of holidays occurring after the date an employee ceases to be an employee or after he/she becomes subject to clause 26.03 shall be subject to recovery of pay.

(a) For employees serving abroad with Foreign Affairs and International Trade, only clauses 26.01, 26.02 and 26.03 will apply. Such employees shall be entitled to eleven (11) designated holidays each year. The holidays taken may be those provided in 26.01 or may be other days substituted for holidays in accordance with the provisions of the Foreign Service Directives. Holidays with pay shall be designated for such employees by the Employer for each post abroad at the beginning of each calendar year.

(b) Operating Employees of Foreign Affairs and International Trade serving at Ottawa shall be governed by the provisions of clause 26.04. A day designated as a holiday under clause 26.01 shall be recognized and scheduled on the calendar day preceding or succeeding the employee's days of rest which are scheduled closest to the actual day of the holiday. Any day so taken in advance of a holiday occurring after the date an employee ceases to be an employee shall be subject to recovery of pay.

26.12 The following shall apply to employees who are classified as Electronic Systems Instructors on a continuing basis:

(a) When on a designated holiday an employee is required by the Employer to conduct a course, scheduled in accordance with sub-clause 43.06(b), the employee shall be given a lieu day with pay to be taken at a mutually agreed time and, in addition to the pay the employee would have received had he/she not worked on the holiday, one-half (1/2) times his/her straight-time hourly rate for all hours worked by him/her up to seven and one-half (7 1/2) hours, exclusive of a meal break. Hours worked in excess of such seven and one-half (7 1/2) hours, will be paid at twice (2) the employee's straight-time hourly rate.

(b) If an operating employee who anticipated and was previously granted the statutory holiday in the form of a "lieu day" shall receive only pay at the straight-time rate for the first seven and one-half (7 1/2) hours worked on the statutory holiday.

(c) If an operating employee has any lieu days to his/her credit at the time of becoming an Electronics Systems Instructor, the disposition of such lieu days shall be mutually agreed upon by the employee and the Employer at the commencement of the assignment.

(d) If for any reason the employee's lieu days have not been taken by the end of the fiscal year in which they were earned the days remaining shall be liquidated by cash payment at the employee's daily rate of pay as of March 31^st. Payment for a half (1/2) day shall be one-half (1/2) the employee's daily rate of pay as of March 31^st.

(e) Notwithstanding the above, when Good Friday and/or Easter Monday fall in the month of March, such day(s) shall be deemed to be contained in the following fiscal year.

ARTICLE 27
TRAVEL

27.01 This Article shall not apply to an employee for the travel involved in respect of a transfer or posting which is subject to the Relocation Policy.

27.02 Employees in travel status will be reimbursed for all reasonable expenses in accordance with the current Travel Policy.

27.03 When an employee travels through more than one (1) time zone, computation will be made as if the employee 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.

27.04 In making travel arrangements for employees, every reasonable effort shall be made to minimize the amount of time the employee is away from his/her headquarters area. For trips entailing more than one (1) day of travel the employee's regular scheduled hours of work for each day of his/her itinerary are to be established in advance for each day of travel in accordance with 27.05(b) prior to the commencement of his/her trip.

27.05 When in the performance of his/her duties an employee is required by the Employer to travel by authorized means of transport, time necessarily spent in such travel shall be considered as time worked and compensated for as follows:

When an employee's travel itinerary includes an overnight stay between the first and second day of travel, and where good sleeping accommodation is available at the Employer's expense, and when the employee has eight (8) continuous hours available to him/her after 2100 and before 0800 hours to utilize such accommodation, the employee shall be compensated as provided for in (b), (c) and (d) below for all hours travelled and/or worked before his/her arrival at and after his/her departure from the point of his/her overnight stay.

Except as provided in 27.05(e) and (g), at the employee's straight-time hourly rate for all hours during his/her regularly scheduled hours of work (minimum - the employee's daily rate of pay). When an employee is travelling for a period of more than one (1) day, his/her regularly scheduled hours of work shall be considered as being seven point five (7.5) consecutive hours (exclusive of a meal break) between the hours of 0800 and 1800 for each day of travel.

Except as provided in 27.05(d) to (h) inclusive, at time and one-half (1 1/2) the employee's straight-time hourly rate for:

(i) all hours other than in (b) above,

and

(ii) the first seven point five (7.5) hours (exclusive of a meal break) on a Designated Holiday or first Day of Rest for travel or any combination of travel and work.

At twice (2) the employee's straight-time hourly rate for hours travelled or any combination of travel and work in excess of seven point five (7.5) (exclusive of a meal break) on a Designated Holiday or first Day of Rest and all hours on a second and subsequent Day of Rest, except that where good sleeping accommodation is provided or available at no expense to the employee and the employee has eight (8) continuous hours between 2100 and 0800 hours to utilize such accommodation, that eight (8) hours shall be exempt from payment.

(e) Travel and Work Less Than Twenty-four (24) Hours, No Sleeping Accommodation

If, within any period of twenty-four (24) consecutive hours, an employee is required by the Employer to travel by authorized means of transport to and/or from a work location other than his/her normal place of work, such time spent shall be considered as time worked. When, in such case, on a regular work day, any period of such travel and work exceeds seven and one-half (7 1/2) consecutive hours, exclusive of a meal break, the hours in excess of such seven and one-half (7 1/2) shall be paid for at one and one-half (1 1/2) times the employee's straight-time hourly rate except that if the period of such travel and work exceeds twelve (12) consecutive hours exclusive of meal breaks, the hours in excess of twelve (12) in any continuous period of such travel and work will be paid for at twice (2) the employee's straight-time hourly rate. To qualify for double (2) time as provided above, the employee's contiguous periods of travel and work must begin and end within a continuous period of twenty-four (24) hours.

In the above, where any hours involved are on a Designated Holiday or Days of Rest, the rates will be replaced as applicable in accordance with 27.05(c) and (d) above.

When an employee travels as a passenger aboard an authorized means of transport which provides good sleeping accommodation, and when the employee has eight (8) continuous hours available to him/her after 2100 and prior to 0800 hours to utilize such accommodation, the employee shall be compensated at his/her straight-time hourly rate for all hours except the eight (8) hours referred to above.

Any time an employee ceases to be a passenger on assuming specific duties, the time so spent shall be compensated in accordance with Articles 23 and 25. On ceasing to perform said specific duties the employee shall resume the status of a passenger.

In the above, where any hours involved are on a Designated Holiday or Days of Rest, the straight-time rate will be replaced as applicable in accordance with 27.05(c) and (d) above.

(g) Travel and Work Less than Twenty-four (24) Hours, With Sleeping Accommodation

Notwithstanding 27.05(f) above, any situation when an employee is travelling to and/or from work locations aboard an authorized means of transport which provides good sleeping accommodation, and his/her combination of travel and work does not exceed twenty-four (24) hours, time spent shall be considered as time worked. When, in such case, on a regular work day, any period of such travel and work exceeds seven and one-half (7 1/2) consecutive hours, exclusive of a meal break, the hours in excess of such seven and one-half (7 1/2) shall be paid for at one and one-half (1 1/2) times the employee's straight-time hourly rate except that if the period of such travel and work exceeds twelve (12) consecutive hours, the hours in excess of twelve (12) in any continuous period of such travel and work will be paid for at twice (2) the employee's straight-time hourly rate. To qualify for double time as provided above, the employee's contiguous periods of travel and work must begin and end within a continuous period of twenty-four (24) hours. Where good sleeping accommodation is available and the employee has eight (8) continuous hours between the hours of 2100 and 0800 to utilize such accommodation the eight (8) hours involved shall be exempt from payment.

In the above, where any hours involved are on a Designated Holiday or Days of Rest, the rates will be replaced as applicable in accordance with 27.05(c) and (d) above.

When an employee is subject to an unforeseen or unavoidable delay while travelling between assigned work locations, and that delay is at such a time and for such duration that the employee can utilize overnight accommodation, the employee shall be compensated for all hours of that delay at his/her straight-time hourly rate, except that where good sleeping accommodation is available at no expense to the employee and when the employee has eight (8) continuous hours available to him/her after 2100 and prior to 0800 hours to utilize such accommodation, that eight (8) hours will be exempt from payment. The straight-time payment will continue during the period of such delay until such time as the employee again commences travelling.

In the above where any hours involved are on a Designated Holiday or Days of Rest, the straight-time rate will be replaced as applicable in accordance with 27.05(c) and (d) above.

(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 27.06(a) when an employee is required to utilize service accommodation, such accommodation shall be the equivalent where available, of good commercial accommodation.

27.07 With the approval of the Employer, an employee may be permitted to use his/her private motor vehicle in place of a public carrier to proceed on training courses provided there is no extra cost to the Employer. The employee will be allowed the equivalent travel time and expenses including the lowest transportation costs as if he/she had travelled by public carrier. The public transportation costs will be the lowest available when the employee was notified in writing or by electronic format by the Employer that he/she had to attend a training course.

27.08 For every employee proceeding on leave with pay from an isolated post, the Employer will approve leave of absence with pay for the lesser of:

(b) The actual time required to travel from his/her post to a point of departure and to return from a point of the departure to his/her post.

In this section "Isolated Posts" and "Point of Departure" have the same meaning as given to these expressions in the Isolated Posts Directive.

In the event of unavoidable delays at northern transportation terminals, additional travel time may be allowed.

It is understood by the parties the above applies to an employee using his/her private motor vehicle where such use is practicable and it is understood that a maximum of one (1) day's leave shall compensate for all hours travelled in a day.

(a) Upon request by the employee and with the approval of the Employer, compensation at the applicable overtime rate earned under this Article may be granted in compensatory leave with pay. Such time off will be liquidated at a mutually acceptable time.

(b) If any time off in lieu of overtime earned in accordance with 27.09(a) cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the employee's hourly rate of pay as of March 31^st.

ARTICLE 28
CALL-BACK

(b) after he/she has completed his/her work period and has left his/her place of work and prior to reporting for his/her next regular scheduled work period,

an employee is called back to work and returns to work prior to his/her next regular scheduled work period for a period of overtime the employee shall be entitled to the greater of:

(a) When an employee is recalled to work overtime under the conditions described in clause 28.01, and is required to use transportation services other than normal public transportation services, the employee's entitlement to transportation costs will be as provided in the Travel Policy.

28.03 Notwithstanding clause 28.01 an employee called back to work and who reports for work one (1) hour or less prior to the commencement of his/her scheduled work period and the period of work for which the employee was recalled is contiguous to the commencement of his/her work period shall receive only the applicable overtime rate for the period worked prior to the commencement of his/her scheduled work period.

**
28.04 When an employee is called back to work in accordance with clause 28.01 for a period of overtime, the duration of which cannot be pre-determined, and works four (4) hours or more of overtime he/she shall be provided a paid meal break of up to one-half (1/2) hour and a meal allowance of nine dollars ($9). If the employee continues to work for four (4) hours or more of overtime he/she shall be provided further paid meal breaks of up to one-half (1/2) hour and allowances of nine dollars ($9) at the completion of this second and subsequent four (4)-hour periods.

ARTICLE 29
STANDBY

**
29.01 When an employee is notified in writing that he/she will be required to be available for work during his/her off-duty hours the employee shall be entitled to a standby payment of one (1) hour's pay at the straight-time rate for each consecutive eight (8) hours or portion thereof that he/she is required to remain available.

29.02 While an employee is not required to have a telephone, an employee designated for standby duty shall be available during his/her period of standby at a known telephone number and be able to return to duty as quickly as is practicable when he/she is called, but in any event not later than one (1) hour after he/she is called.

29.03 No payment for standby will be made for any eight (8) hour period referred to in clause 29.01 if an employee is unable to report for duty when required during that period.

29.04 No employee will be assigned standby duties when otherwise not required to work on a statutory holiday or lieu day.

29.05 The Employer agrees that standby for the afternoon and/or night shifts shall be on a five (5) day basis, Monday to Friday inclusive.

29.06 When an employee is required for standby duties on weekends one (1) employee per weekend will be assigned to such standby unless mutually arranged otherwise at local work sites.

29.07 In respect of clauses 29.05 and 29.06 the Employer agrees to give seven (7) days' notice of such standby requirement unless it is essential to provide a replacement due to the inability of the assigned employee to assume or continue standby duties.

29.08 The Employer shall have the right to put an employee on standby duty in a specific instance where there is a requirement known in advance.

29.09 When there is a known requirement for standby duties on a continuing basis the Employer will use his best endeavours to distribute the standby duties on an equitable basis among qualified available employees and on a weekly basis.

29.10 An employee on standby who was called into work and who reports to work in accordance with the above shall be compensated in accordance with the Call-Back provisions of this Agreement.

29.11 In respect of employees of Foreign Affairs and International Trade who are posted abroad and where an employee is required to have a telephone installed, the Employer shall pay that portion of the employee's telephone installation and rental cost which exceeds the Ottawa rate for similar services.

29.12 The Employer agrees that in those areas where Electronic paging devices are both available and practicable they will be provided without cost to those employees on standby.

ARTICLE 30
SHIFT AND WEEKEND PREMIUMS

**
30.01 An employee will receive a shift premium of eleven dollars ($11) for each shift worked on the 16:00 to 24:00 evening shift and for each shift worked on the 00:00 to 08:00 night shift.

30.02 An employee who in the observance of a special shift schedule works four (4) or more hours during the period of either of the aforementioned shifts shall be paid the appropriate shift premium for such shift.

**
30.03 Where an operating employee's assigned work place has shift cycles which have scheduled shifts on Saturdays and Sundays and it is evident that these weekend shifts will be on a continuing basis and are not affected by seasonal operations, the employee shall receive a weekend premium of one dollar and fifty cents ($1.50) per hour for all regular hours worked on Saturday and/or Sunday at his/her straight-time hourly rate in addition to the above shift premiums.

ARTICLE 31
SEA DUTY

**
31.01 Except for employees of the Department of National Defence when covered by Article 32, (Sea Trials' Allowance), any employee assigned to work aboard a ship shall be paid a Sea Duty Allowance of fifteen dollars ($15) for each such night he/she is at sea.

**
31.02 Except for employees of the Department of National Defence when covered by Article 32 (Sea Trials' Allowance), any employee assigned to work aboard a ship shall be paid a Sea Duty Allowance, in addition to 31.01 above, of twenty-five dollars ($25) for each night beyond forty-four (44) consecutive nights that he/she is at sea.

31.03 An employee required to report aboard ship sailing from home port outside his/her normally scheduled working hours and who is not required to work aboard ship on reporting will be paid a premium of one (1) hour's straight time.

**
31.04 When an employee is required to proceed to a Mobile Offshore Drilling Unit (MODU) or to board a vessel or submarine at sea by helicopter or vessel and is required to transfer from that helicopter or vessel to the Mobile Offshore Drilling Unit (MODU), vessel or submarine, he/she shall be paid a transfer allowance of ten dollars ($10). If the employee leaves the Mobile Offshore Drilling Unit (MODU), vessel or submarine by similar transfer he/she shall be paid a further ten dollars ($10).

ARTICLE 32
SEA TRIALS' ALLOWANCE

(a) When an employee is required to be in a submarine during trials under the following conditions:

(i) he/she 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, short trials, battery ventilation trials or other recognized former trials, or the submarine is rigged for diving;

(ii) he/she is in a submarine when it is beyond the harbour limits on the surface or submerged;

(b) when an employee is required to proceed to sea beyond the harbour limits aboard a HMC Ship, Auxiliary Vessel or Yardcraft for the purpose of conducting trials, repairing defects or dumping ammunition;

**
32.02 Article 23.13 (Encroachment) shall be applied at the termination of the sea trial only.

(a) He/she shall be paid at the employee's straight-time rate for all hours during his/her regularly scheduled hours of work and for all unworked hours aboard the vessel or at the shore-based work site.

(b) He/she shall be paid overtime at time and one-half (1 1/2) the employee's straight-time hourly rate for all hours worked in excess of the regularly scheduled hours of work up to twelve (12) hours.

(c) After this period of work, the employee shall be paid twice (2) his/her straight-time hourly rate for all hours worked in excess of twelve (12) hours.

(d) After this period of work, the employee shall be paid three (3) times his/her straight-time hourly rate for all hours worked in excess of sixteen (16) hours.

(e) Where an employee is entitled to triple (3) time in accordance with (d) above, the employee shall continue to be compensated for all hours worked at triple (3) time until he/she is given a period of rest of at least ten (10) consecutive hours.

(f) Upon return from the sea trial, an employee who qualified under 32.03(d) shall not be required to report for work on his/her regularly scheduled shift until a period of ten (10) hours has elapsed from the end of the period of work that exceeded fifteen (15) hours.

32.04 In addition, an employee shall receive a submarine trials allowance equal to twenty-five per cent (25%) of his/her basic hourly rate for each completed one-half (1/2) hour he/she is required to be in a submarine during trials as per the conditions prescribed in sub-clause 32.01(a).

ARTICLE 33
FLYING PAY

33.01 An employee required to perform duties with equipment while in flight, such as flight calibration of magnetometer surveys, shall be paid an allowance of one hundred dollars ($100) per month provided that he/she completes fifteen (15) hours in the performance of such duties each quarter. The Employer will make every reasonable effort to allocate such duties on an equitable basis among available qualified employees.

33.02 An employee in the Avionics Workshop of Transport Canada or in the Avionics Systems at CFB Cold Lake who is required to perform duties with equipment while in flight, who does not qualify for payment under 33.01, shall be paid a flying time premium of ten dollars and fifty cents ($10.50) per hour or part thereof, while performing such work in flight authorized by his/her supervisor.

ARTICLE 34
PENOLOGICAL FACTOR ALLOWANCE

34.01 A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining unit which are in the Canadian Penitentiary Service, subject to the conditions set forth in Appendix "A" to this Agreement.

ARTICLE 35
WORKING CONDITIONS

35.01 In so far as is feasible, having regard to building and space limitations, the Employer will where alternate facilities are not available, provide proper accommodation for employees to have and/or to prepare their meals and where there is a requirement, to provide space to keep their clothes, tools and manuals.

35.02 Subject to the prior approval of the Master before work is commenced, an employee who is required to work in bilges and/or spaces below the bottom deck plates for periods in excess of fifteen (15) minutes, shall be paid, in addition to the appropriate rate of pay, an additional one-eighth (1/8) of his/her straight-time hourly rate of pay for every fifteen (15)-minute period, or part thereof, worked.

35.03 The Employer will ensure that a supply of water and a utensil capable of heating liquids (hot-cup) are made available to Technicians working at normal work sites where such facilities are not now available.

35.04 An employee who is required to repair buoys and other navigational equipment on open ice on Lac St. Pierre in the Province of Quebec shall be paid an extra allowance of thirteen dollars ($13) for the time spent on open ice in any twenty-four hour (24) period.

ARTICLE 36
ASSIGNED WORK PLACE

36.01 An employee shall have an assigned permanent headquarters and this shall be his/her work place. This shall be the point where the employee reports, commences and ends his/her day's work.

36.02 In the event that the employee's permanent headquarters is changed the Employer will give not less than one (1) month's notice in writing of the impending change.

ARTICLE 37
TEMPORARY ASSIGNMENT

37.01 When an employee is assigned to work at a location outside of his/her headquarters' area he/she shall be considered as being on temporary assignment until he/she returns to his/her headquarters' area or is permanently assigned to another headquarters' area. An employee on temporary assignment shall be entitled to reimbursement for all reasonable expenses in accordance with clause 27.02.

37.02 An employee on temporary assignment at a work place that is a work place of other employees shall have that work place designated as his/her report point where he/she shall commence and end his/her day's work.

37.03 The Employer agrees that temporary assignments to isolated posts for construction activities will be equally distributed, as far as practicable, amongst the available qualified construction Technicians in that region.

37.04 Employees assigned away from their headquarters area on other than a training course for a period of seven (7) days or more shall be given seven (7) days' notice of such assignment. Where less than seven (7) days' notice is given, the employee shall be paid a premium equal to the amount shown in note 6 of Appendix "B" for the first day of the assignment for which he/she was not given seven (7) days' notice.

37.05 An employee who is assigned to a ship of the Employer to perform maintenance on the ship's electronic equipment as his/her primary duty on a continuing basis at sea shall have that ship considered as his/her work place for the period of that temporary assignment.

37.06 An employee who is assigned to a ship of the Employer for scientific and/or research support or to operate electronic equipment on board that ship, shall have that ship considered as his/her work place for the period of that temporary assignment.

ARTICLE 38
OFFICER STATUS

38.01 An employee assigned to work aboard ship will be given accommodation equal to that afforded to Officers aboard that ship except where it is not operationally practicable or where space does not permit.


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