Electronics (EL) 404 (Archived)

(f) twenty-seven (27) working days per fiscal year if he/she has completed twenty-seven (27) years of service;

(g) thirty (30) working days per fiscal year if he/she has completed twenty-eight (28) years of service;

(h) vacation leave provided under 17.02 (a), (b), (c), (d), (e), (f), and (g) above, which is in excess of fifteen (15), twenty (20), twenty-two (22), twenty-three (23), twenty-five (25), or twenty-seven (27) days per fiscal year respectively shall be granted on a pro rata basis during the fiscal year in which the employee completes the required years of service.

17.07

(d) after October 1^st and after consultation with the employee, and with a minimum of fourteen (14) day's advance notice, to assign him/her available vacation periods if the Employer has been unable to schedule vacation during the periods preferred by the employee or if the employee has not filed with the Employer his/her vacation preference by October 1^st;

17.08 Carry-Over and/or Liquidation of Vacation Leave

(a) Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused portion of his or her vacation leave up to a maximum of thirty-five (35) days credits shall be carried over into the following vacation year. All vacation leave credits in excess of thirty-five (35) days shall be automatically paid in cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.

(i) Notwithstanding sub-clause (a), if on the date of signing of this Agreement or on the date an employee becomes subject to this Agreement, he /she has more than thirty-five (35) days of unused vacation leave credits earned during previous years, this number of unused vacation leave credits shall become the employee's accumulated leave maximum.

(ii) Unused vacation leave credits equivalent to the employee's accumulated leave maximum shall be carried over into the following vacation year.

(iii) Unused vacation leave credits in excess of the employee's accumulated leave maximum shall be automatically paid in cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.

(c) The employee's accumulated leave maximum shall be reduced irrevocably by the number of vacation leave credits liquidated in excess of the employee's annual vacation leave entitlement during the vacation year.

(d) Notwithstanding (b)(iii), where the Employer cancels a period of vacation leave which has been previously approved in writing, and which cannot be rescheduled before the end of the vacation year, the cancelled leave may be carried over into the next vacation year.

(e) Upon application by the employee and with the approval of the Employer earned but unused vacation leave credits carried forward from previous fiscal years shall be compensated at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of his/her substantive position on March 31^st.

ARTICLE 18
OTHER LEAVE WITH OR WITHOUT PAY

18.02 Bereavement Leave With Pay

For the purpose of this clause, immediate family is defined as father, mother, (or alternatively stepfather, stepmother, foster parent or former guardian of the employee), brother, sister, spouse, child, stepchild or ward of the employee, father-in-law, mother-in-law, step-brother, step-sister, grandparent, grandchild or a relative permanently residing in the employee's household or with whom the employee permanently resides.

(a) When a member of his/her immediate family dies, and the employee attends the funeral, the employee shall be entitled to bereavement leave with pay for a period of up to five (5) consecutive calendar days and the period of such leave shall encompass the day of the funeral. In addition, when necessary, the employee may be granted for the purpose of related travel up to three (3) calendar days' leave with no reduction in his/her weekly rate of pay.

(b) An employee is entitled to bereavement leave with pay for up to one (1) day to attend the funeral of his/her son-in-law, daughter-in-law, brother-in-law, sister-in-law, or in the event of the death of any member of the immediate family in (a) above when the employee is not attending the funeral.

(c) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Deputy Head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in sub-clause 18.02(a) and (b).

(d) Where in respect of any period of vacation leave or a combination of vacation leave and lieu days, circumstances arise which necessitate bereavement leave in accordance with clause 18.02, the leave taken shall be substituted for vacation leave and/or lieu days.

18.09 Leave Without Pay for the Care of Immediate Family

(a) Both parties recognize the importance of access to leave for the purpose of care for the immediate family.

(b) For the purpose of clause 18.09, family is defined as spouse (or common-law spouse resident with the employee), children (including foster children or children of legal or common-law spouse), parents (including stepparents or foster parents) or any relative permanently residing in the employee's household or with whom the employee permanently resides

(c) Subject to clause 18.09(b), an employee shall be granted leave without pay for the Care of Immediate Family in accordance with the following conditions:

(i) an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given;

(ii) leave granted under this clause shall be for a minimum period of three (3) weeks;

(iii) the total leave granted under this article shall not exceed five (5) years during an employee's total period of employment in the Public Service;

(iv) leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery.

(d) An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.

(e) All leave granted under Leave Without Pay for the Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of previous Electronics Group collective agreements or other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of employment in the Public Service.

This transitional provision is applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this agreement.

(i) An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of the agreement expired on August 31, 2001, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

(ii) An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of another agreement, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

18.12 Leave With Pay for Family-Related Responsibilities

(a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with the employee), children (including children of legal or common-law spouse), parents (including step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.

18.16 Personal Leave Without Pay

Reasons for requesting leave without pay for personal reasons of up to three (3) days will not be required of the employee unless the number of requests is excessive or the granting of such leave would interfere with urgent work commitments. Permission to take such leave will not be unreasonably withheld.

18.17 Personal Leave with Pay

(b) The leave will be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

18.18 Volunteer Leave with Pay

(a) Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;

(b) The leave shall be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

18.20 Except as otherwise specified in this collective agreement, periods of leave without pay in excess of three (3) months shall not be counted as "continuous employment" for the purpose of calculating severance pay nor as service for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes.

**ARTICLE 21
EDUCATION LEAVE WITHOUT PAY
CAREER DEVELOPMENT LEAVE WITH PAY AND
EXAMINATION LEAVE WITH PAY

Education Leave Without Pay

21.01 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.

21.02 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.

21.03 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.

21.04 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.

(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.

21.05 Education leave without pay in excess of three (3) months shall not be counted as "continuous employment" for the purpose of calculating severance pay nor as "service" for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes.

21.06 Career Development Leave With Pay

(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 21.06(a) above. The employee shall receive no compensation under Article 24, Days of Rest, Article 25, Overtime, and Article 27, Travel, 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.

21.07 Examination Leave With Pay

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.

ARTICLE 25
OVERTIME

(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 and fifty cents ($9.50). Effective September 1, 2002, this reimbursement is increased to ten dollars ($10).

(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 and fifty cents ($9.50). Effective September 1, 2002, this reimbursement is increased to ten dollars ($10).

(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 and fifty cents ($9.50) for each meal. Effective September 1, 2002, this reimbursement is increased to ten dollars ($10).

ARTICLE 27
TRAVEL

27.10 Travel Status Leave

(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year, commencing April 1, 2002, shall be granted one (1) day off with pay. The employee shall be credited with one additional day off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.

(b) The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and shall accumulate as compensatory leave with pay.

(d) If any of this leave cannot be liquidated by the end of the fiscal year, then payment in cash shall be made at the employee's rate of pay as of March 31^st.

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

ARTICLE 28
CALL-BACK

28.04

(a) 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 and fifty cents ($9.50). Effective September 1, 2002, this reimbursement is increased to ten dollars ($10).

(b) If the employee continues to work for four (4) hours or more of overtime beyond the first four (4)-hour period in sub-clause 28.04(a), he/she shall be provided further paid meal breaks of up to one-half (1/2) hour and allowances of nine dollars and fifty cents ($9.50) at the completion of this second and subsequent four (4)-hour periods. Effective September 1, 2002, this reimbursement is increased to ten dollars ($10).

28.05

(a) Upon request by the employee and with the approval of the Employer, compensation 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 28.05(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 30
SHIFT AND WEEKEND PREMIUMS

30.01 An employee will receive a shift premium of thirteen dollars ($13) 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. Effective September 1, 2002, this shift premium shall be increased to fifteen ($15).

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 sixteen dollars and fifty cents ($16.50) for each such night he/she is at sea. Effective September 1, 2002, this amount shall be increased to eighteen dollars ($18).

ARTICLE 35
WORKING CONDITIONS

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-quarter (1/4) of his/her straight-time hourly rate of pay for every fifteen (15)-minute period, or part thereof, worked.

ARTICLE 43
TRAINING

Off-Location Training

43.05 Advance Notice

An employee required to attend a training course will, where practicable, be given two (2) months' advance notice of the nature and location of the course. However, an employee assigned to a training course outside of his/her headquarters area, which will necessitate his/her absence from his/her home for a period of more than ten (10) consecutive calendar days will be given a minimum of three (3) weeks' notice.

ARTICLE 54
PAY ADMINISTRATION

54.01 Entitlement to Pay

An employee, other than an employee paid acting pay, shall be paid for services rendered a rate of pay specified in Appendix "B" for his/her classification level prescribed in his/her certificate of appointment.

54.03 Rates of Pay on Appointment

(b) An employee appointed to a classification level from within the Public Service shall be paid a rate of pay as determined by the application of clause 54.04, 54.05 or 54.06 as applicable. See clauses 54.10, 54.11 and 54.12 for application on acting pay, and subsequent assignments and appointments.

54.04 Rate of Pay on Appointment to a Classification Level Having a Higher Maximum Rate

An employee appointed to a classification level having a maximum rate of pay four per cent (4%) or more greater than the maximum of his/her former substantive classification level shall be paid in his/her new classification level at the rate of pay, nearest to the rate he/she was entitled to in his/her substantive level immediately before the appointment that gives him/her an increase in pay of not less than the smallest pay increment for his/her new classification level. If there is no such rate the employee shall be paid the maximum rate in his/her new scale.

54.05 Rate of Pay on Appointment to a Classification Level Having a Lower Maximum Rate

Note:

(Except in the case of reclassification of duties and responsibilities to a level having a lower maximum rate where clause 54.13 would apply.)

(a) An employee appointed, other than for incompetence or incapacity, to a classification level having a lower maximum rate of pay than his/her former substantive classification level may be paid at a rate in the scale of rates for the new classification level to which he/she is appointed which is nearest to but not less than the rate of pay the employee was entitled to in his/her substantive level immediately before the appointment, or if there is no such rate, the employee shall be paid the maximum of his/her new scale of rates.

54.06 Rate of Pay on Appointment to a Classification Level Having -

(c) An employee appointed to a classification level having the same maximum rate of pay as his/her former substantive classification level shall be paid a rate of pay in his/her new scale of rates nearest to but not less than the rate he/she was entitled to in his/her substantive level immediately before the appointment.

(d) An employee appointed to a classification level having a maximum rate of pay which exceeds the maximum rate of his/her former classification level by less than four per cent (4%) shall be paid a rate of pay in his/her new scale of rates nearest to but not less than the rate he/she was entitled to in his/her substantive level immediately before the appointment.

54.08 Acting Pay

An employee who is required by the Employer to perform on an acting basis the duties of a higher position to which a higher rate of pay would apply, if appointed for a period of at least three (3) consecutive scheduled working days, shall be paid acting pay from the date on which he/she commenced to act as if he/she were appointed to the higher position.

Acting pay will be recalculated as the result of any pay increment or any change to the range of rates in the employee's substantive position or any change to the range of rates in the higher position.

Where such recalculation results in a rate of pay which is equal to or less than the employee's previous acting rate of pay, the employee shall retain the previously established acting rate of pay.

54.10 Pay of an Employee on Termination of Acting Pay within the Bargaining Unit or Termination of Temporary Assignment Outside the Bargaining Unit

(a) On termination of acting pay within the bargaining unit or termination of a temporary assignment outside the bargaining unit, an employee shall be entitled to pay from the date of termination as if he/she had remained in his/her substantive classification level in the bargaining unit. The rate so determined shall also be the employee's rate of pay for the purpose of calculating a new rate of pay for any appointment, acting pay within the bargaining unit or temporary assignment outside the bargaining unit which coincides with the termination date.

54.11 Subsequent Assignments or Appointment to a Higher Level

(a) An employee already in receipt of acting pay who is either assigned on an acting basis, or appointed on a substantive basis, to a higher classification level than the one at which he/she was previously acting, shall be paid at a rate of pay calculated pursuant to clause 54.04 or 54.06.

(b) Notwithstanding (a) above, should such rate of pay be less than the employee's previous acting rate of pay, the employee shall be paid at the rate of pay in the higher classification level that is nearest to but not less than the previous acting rate of pay.

(c) Should the employee then revert to the previous acting duties, the employee shall be paid at the rate of pay that would have been paid had the previous acting duties been continuously performed.

54.12 Subsequent Assignments or Appointments to a Lower Level

An employee already in receipt of acting pay who is either assigned on an acting basis, or appointed on a substantive basis, to a lower classification level than the one at which he/she was previously acting, shall be paid at a rate of pay calculated pursuant to clause 54.04, 54.05 or 54.06, and his/her service in the higher classification level shall be recognized in determining his/her increment date.

54.14 Pay Increments

(e) The pay increment date of an employee who is appointed in accordance with sub-clause 54.03(a), 54.04, 54.05(b) or 54.05(c) shall be the first Monday following completion of his/her pay increment period specified in Appendix "B".

(f) The increment of an employee appointed in accordance with clause 54.05(a) or 54.06 will become due at the end of the increment period specified in Appendix "B" calculated from the date from which his/her increment period would have been calculated in his/her former classification level.

(g) This clause does not apply to an employee who is on leave without pay except when the leave without pay is for a period of three (3) months or less or is on leave of absence for military leave, education leave or on election to a full-time municipal office or on leave as per Article 16.

ARTICLE 59
DURATION AND RENEWAL

APPENDIX "A"

PENOLOGICAL FACTOR ALLOWANCE

Formula

The payment of the allowance for the penological factor is determined by the following formula:

Amount of PFA

The value of "X" is set at $1,900 per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

The value of "X" is set at $2,000 per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

**APPENDIX "B-1"

EL - ELECTRONICS GROUP
ANNUAL RATES OF PAY
(in dollars)

X) Effective September 1, 2001 (Restructure)
A) Effective September 1, 2001
B) Effective September 1, 2002
C) Effective September 1, 2003

Notes:

1. The weekly, daily and hourly rates of pay shown in Appendices "B-2", "B-3"and "B-4" have been determined from the annual rates shown in Appendix "B-1" and have been rounded to the nearest cent.

Restructure

(a) Except as provided in sub-clauses 54.03(c) and subject to clause 54.07, effective September 1, 2001, an employee shall be paid in the X scale of rates at the rate of pay which is immediately below the employee's former rate of pay, or if there is no such rate, to the rate of pay in the "X" scale of rates which is closest to but not less than the employee's former rate of pay.

(b) Notwithstanding Pay Note #2(a), an employee at Levels 4 to 9 who has been at the maximum of the salary range for at least twelve (12) months on August 31, 2001 will move to the new maximum effective September 1, 2001.

Pay Adjustment Administration

3. An employee shall be paid on the relevant effective dates in the A, B, and C scales of rates in Appendix B at the rate of pay which is immediately below the employee's former rate of pay.

5. Where the rates of pay set forth in Appendix "B" have an effective date prior to the date of signing of this Agreement, the following shall apply:

(a) "retroactive period" for the purpose of sub-clauses (b) to (e) means the period from the effective date of the revision up to and including the day prior to the date of signing of the Agreement;

(b) 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;

(c) for initial appointments from outside the Public Service which occurred during the retroactive period, the rate of pay shall be determined in accordance with clause 54.03(c) of the Agreement.

(d) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with clauses 54.03, 54.04, 54.05 and 54.06 of the Agreement, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate which is nearest to but not less than the rate of pay being received prior to the revision;

(e) no payment or no notification shall be made pursuant to Note 5 for one dollar ($1) or less.

6. The amount shown hereunder represents 4 hours' pay of the EL-4 maximum hourly rate rounded up to the nearest five cents (5 cents).

(a) September 1, 2001 - $110.75

(b) September 1, 2002 - $113.55

7. The amount shown hereunder represents 3 hours' pay of the EL-5 maximum hourly rate rounded up to the nearest five cents (5 cents).

(a) September 1, 2001 - $92.10

(b) September 1, 2002 - $94.45

8. The amount shown hereunder represents 3 hours' pay of the EL-5 maximum hourly rate plus five dollars ($5.00) rounded up to the nearest five cents (5 cents).

(a) September 1, 2001 - $97.10

(b) September 1, 2002 - $99.45

9. The amount shown hereunder represents 3 hours' pay of the EL-5 maximum hourly rate plus ten dollars ($10.00) rounded up to the nearest five cents (5 cents).

(a) September 1, 2001 - $102.10

(b) September 1, 2002 - $104.45

10. The amount shown hereunder represents 11.25 times the EL-4 maximum hourly rate rounded up to the nearest ten cents (10 cents).

(a) September 1, 2001 - $311.40

1/2 day - $155.70

(b) September 1, 2002 - $319.30

1/2 day - $159.65

1/2 day - $163.30


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