Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
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.
23.03 Normal hours of work shall be arranged to provide for either:
(a) a thirty-seven and one-half (37 1/2) hour work week as described in clause 23.04,
or
(b) an average of thirty-seven and one-half (37 1/2) hours per week as described in clause 23.05,
and
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.
23.04 Non-Operating Employees
(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.
23.05 Operating Employees
(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.
(e) It is recognized that the Employer may require employees
(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.
23.06 Minimum and Maximum Hours
Nothing in this Agreement shall be construed as guaranteeing an employee minimum or maximum hours of work.
23.07 Break Periods
Each employee shall be given two (2) paid break periods of fifteen (15) minutes each during each working shift.
23.08 Shift Times - Operating Employees
(a) The starting and finishing times of normal shifts will be as follows:
00:00 - 08:00 Local Time
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08:00 - 16:00 Local Time
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16:00 - 24:00 Local Time
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(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.
23.09 Posting of Shift Schedules and Shift Cycles - Operating Employees
(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.
23.10 Shift Exchange - Operating Employees
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.
Such approval shall not be unreasonably withheld.
23.11 Change in Shift - Operating Employees
(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.
(d)
(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.
(e)
(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).
23.12 Change in Schedule or Cycle
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.
23.13 Encroachment
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.
23.14 Change in Employee Status - Operating/Non-Operating
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:
In a calendar month for days worked in accordance with the above,
(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.
24.01 A "day of rest" is defined in Article 2(f).
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.
(a) Non-Operating Employees
(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.
(b) Operating Employees
(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.
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:
(a) time and one-half (1 1/2) for hours worked other than provided in 25.01;
(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.
25.04 "Double time" is twice (2) 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 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).
(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.
25.06
(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.
25.07
(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.
25.08
(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 31st.
(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 31st.
25.09 The Employer will make every reasonable effort:
(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:
(a) compensation at the applicable overtime rate for the time worked,
or
(b) one (1) hour's pay at the straight-time rate.
Note:
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:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) The day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) The day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(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,
and
(l) One (1) additional day when proclaimed by an Act of Parliament as a National Holiday.
26.02
(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 1st 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 1st;
(ii) to give next priority to scheduling lieu days on the dates requested when such a request is made in writing
prior to October 1st;
(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 1st, and which cannot be accommodated by the
Employer;
(iv) to schedule any remaining lieu days, after consulting with the employee, if as of October 1st 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 1st 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).
(b)
(i) Employees who complete their assignments before January 2nd 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 31st 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 2nd 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.
26.11 Foreign Affairs
(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 31st. Payment for a half (1/2) day shall be one-half (1/2) the employee's daily rate of pay as of
March 31st.
(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.
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:
(a) Planned Overnight Stay
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.
(b) Travel during Regular Hours
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.
(c) Travel in Excess of Regular Hours
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.
(d) Travel on Designated Holidays and Days of Rest
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.
(f) Passenger Aboard Vehicle with Sleeping Accommodation
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.
(h) Unforeseen and Unavoidable Delays
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.
27.06
(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:
(a) Three (3) days;
or
(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.
27.09
(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 31st.
**
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.
(c) The Employer shall grant the travel status leave at times convenient to both the employee and the Employer.
(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 31st.
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions,
professional conferences and seminars.
28.01 If,
(a) on a designated holiday or a day of rest,
or
(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) compensation at the applicable overtime rate for any time worked,
or
(b) compensation equivalent to four (4) hours' pay at the straight-time rate.
28.02
(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.
(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.
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
(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 31st.
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.
**
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).
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.
**
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).
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).
32.01
(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;
or
(ii) he/she is in a submarine when it is beyond the harbour limits on the surface or submerged;
or
(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;
or
(c) when an employee is required to work in a shore-based work site in direct support of an ongoing sea trial;
he/she shall be compensated in accordance with clause 32.03.
32.02 Article 23.13 (Encroachment) shall be applied at the termination of the sea trial only.
32.03
(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).
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.
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.
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-quarter (1/4) 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
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.
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.
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.
39.01 Employee complaints or grievances will be dealt with in accordance with the procedure set forth in this
Article the purpose of which is to secure prompt and fair disposition of grievances.
39.02 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the
National Joint Council of the Public Service on items which may be included in a collective agreement and which the NJC
parties to this agreement have endorsed, the grievance procedure will be in accordance with Section 14.0 of the NJC
By-laws.
39.03 Definitions
(a) Days
All "days" referred to in this procedure are calendar days exclusive of Saturdays, Sundays and designated
holidays.
(b) Immediate Supervisor
The "immediate supervisor" is the supervisor who has been specified by the Department to deal with complaints from
employees in his/her work area, and to receive written grievances and process them to the appropriate step in the
procedure.
(c) Management Representative
The "management representative" is the officer identified by the Employer as an authorized representative whose
decision constitutes a step in the grievance procedure.
39.04 Right to Present Grievances
Subject to and as provided in Section 91 of the Public Service Staff Relations Act an employee who feels that
he/she has been treated unjustly or considers himself/herself aggrieved by any action or lack of action by the Employer
in matters other than those which are dealt with in the classification grievance process is entitled to present a
grievance in accordance with the procedure provided by this Article except that:
(a) where there is another administrative procedure provided in or under any Act of Parliament to deal with his/her
specific complaint such procedure must be followed,
and
(b) where the grievance relates to the interpretation or application of this Collective Agreement or an Arbitral
Award relating thereto the employee is not entitled to present the grievance unless he/she has the approval of and is
represented by the Local.
A grievance must be presented not later than thirty (30) days from the day on which the employee was notified,
informed or otherwise became aware of the decision, situation or circumstance that is the subject of his/her
grievance.
A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the
form supplied by the Employer.
39.05 Representation
An employee may be assisted and/or represented by an authorized representative of the Local when presenting a
complaint or grievance at any level. Such representative may meet with the Employer to discuss a complaint or grievance
at each or any level of the grievance procedure.
When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision
concerning him or her, the employee shall be informed that he or she is entitled to have an authorized representative
of the Local attend the meeting.
39.06 Procedure - Complaints
An employee who has a complaint should attempt to resolve the same through discussion with his/her supervisor.
39.07 Level One (All Departments)
An employee may present his/her grievance in writing to his/her immediate supervisor within the thirty (30) day
period referred to in 39.04 above. The immediate supervisor shall sign the form indicating the time and date received.
A signed copy will be returned to the employee and a copy forwarded to the management representative authorized to make
a decision at Level One. The management representative shall give his/her decision and reasons in writing as quickly as
possible and not later than fifteen (15) days after the day on which the grievance was presented. The decision will be
in writing and a copy will be returned, through the immediate supervisor, to the employee.
39.08 Level Two (All Departments except Foreign Affairs)
If a decision at Level One is not acceptable to the employee, the employee may, not later than ten (10) days after
receipt of the decision at Level One, or if no decision was received, not later than fifteen (15) days after the last
day on which he/she was entitled to receive a decision, complete the grievance transmittal form and present it to
his/her immediate supervisor who will sign it indicating the time and date received. A copy will be returned to the
employee and the employee representative if applicable. The management representative shall give his/her decision and
reasons in writing as quickly as possible and not later than fifteen (15) days after the grievance was presented. The
decision will be in writing and the employee copy will be returned, through the immediate supervisor, to the
employee.
39.09 Final Level (All Departments)
If a decision at the level immediately preceding the Final Level is not acceptable to the employee, the employee
may, not later than ten (10) days after receipt of the decision, or if no decision was received, not later than
fifteen (15) days after the last day on which he/she was entitled to receive a decision, complete the grievance
transmittal form and present it to his/her immediate supervisor who will sign it indicating the time and date received.
A receipted copy will be returned to the employee and the employee representative, and a copy forwarded to the Deputy
Minister or his/her delegated representative authorized to make a decision at the Final Level. The Deputy Minister or
his/her delegated representative shall give his/her decision and reasons for his/her decision as quickly as possible
and not later than thirty (30) days after the grievance was presented. The decision will be in writing and the employee
copy will be returned, through the immediate supervisor, to the employee. The decision of the Deputy Minister or
his/her delegated representative at the Final Level in the grievance procedure shall be final and binding upon the
employee unless the grievance is a class of grievance that may be referred to Adjudication.
39.10 Copy to the Local
Where a grievance related to the interpretation or application in respect of an employee of a provision of this
Collective Agreement or an Arbitral Award relating thereto or where the employee has indicated that he/she is being
represented by the Local, a copy of the reply at each level of this procedure shall be forwarded to the authorized
representative of the Local.
39.11 Termination Demotion or Indefinite Suspension Grievance
(a) A grievance resulting from the demotion or termination for cause pursuant to paragraph 11(2)(f) or (g) of the
Financial Administration Act of an employee shall begin at the Final Level of the grievance procedure.
The written decision of the Deputy Minister or his/her delegated representative shall be given as quickly as possible
and not later than fifteen (15) days after the grievance is presented. The fifteen (15)-day time limit may be extended
to thirty (30) days by mutual agreement between the Employer and the employee.
(b) A grievance resulting from the indefinite suspension of an employee once the period of indefinite suspension
exceeds fifteen (15) days shall begin at the Final Level of the grievance procedure. The written decision of the Deputy
Minister or his/her delegated representative shall be given as quickly as possible and not later than fifteen (15) days
after the grievance is presented. The fifteen (15) day time limit may be extended to thirty (30) days by mutual
agreement between the Employer and the employee.
39.12 Time Off to Present Grievance
An employee may be granted time off during working hours to discuss a complaint or grievance provided prior
permission of his/her supervisor is obtained.
An employee who is a representative of the Local may, with the permission of his/her supervisor, be granted time off
during working hours to assist an employee in the presentation of a complaint or grievance. Where such assistance is
given during working hours in the representative's area of jurisdiction he/she may be granted time off with pay, and
where such assistance is given at locations other than in the representative's area of jurisdiction, leave without
pay.
Employees and employees who are representatives of the Local, will not be entitled to be paid when a discussion or
meeting on a complaint or grievance takes place outside their normal working hours. The Employer will make every
reasonable attempt to schedule such meetings during normal working hours.
39.13 Permission to Enter Premises or Offices
An authorized representative of the Local may be permitted access to the Employer's premises to assist in the
settlement of a grievance. The Local shall request such access from an authorized management representative in writing
where time permits and verbally in other cases.
Where security clearance is required this clearance will not be unreasonably withheld.
39.14 Adjudication of Grievances
Where an employee has presented a grievance up to and including the Final Level in the grievance procedure with
respect to:
(a) the interpretation or application in respect of him/her of a provision of this Collective Agreement or an
Arbitral Award relating thereto,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or (g) of the Financial Administration
Act,
and his/her grievance has not been dealt with to his/her satisfaction, the employee may refer the grievance to
adjudication.
Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation
or application in respect of him/her of a provision of this Collective Agreement or an Arbitral Award relating thereto,
the employee is not entitled to refer the grievance to adjudication unless the Local signifies in prescribed
manner:
(a) its approval of the reference of the grievance to adjudication;
and
(b) its willingness to represent the employee in the adjudication proceedings.
39.15 Extension of Normal Time Limits
The time limits stipulated in this procedure may be extended by mutual agreement between the Management
representative and the employee, and the Local representative where the Local is representing the employee.
39.16 Abandonment of Grievances
An employee may, by written notice to his/her immediate supervisor or local officer-in-charge, abandon a grievance
at any time during the grievance process. If the grievance in question has been processed with the support of the
Local, the Employer will notify the Local that the employee has abandoned the grievance. The abandonment of a grievance
shall not prejudice the position of the Local in dealing with grievances of a similar nature.
Where an employee fails to present a grievance to the next higher level within the prescribed time limits the
employee shall be deemed to have abandoned the grievance.
It is not the Employer's intent to deny any grievance as being untimely when failure to present the grievance within
the time limits stipulated above is caused due to circumstances beyond the control of the grievor.
40.01 The Employer and the Union recognize that consultation and communication on matters of mutual interest
outside the terms of the Collective Agreement should promote constructive and harmonious Employer-Union relations.
40.02 The Employer will recognize committees of the Union for the purpose of consultation with management
with a view to resolving problems which arise within the ambit of the joint consultation process, as follows:
(a) A National Committee of the Union consisting of not more than five (5) employee representatives of the
Union.
(b) Regional Committees of the Union consisting of not more than three (3) employee representatives.
(c) By agreement of the parties, and where circumstances warrant, local Unit Committees of the Union, consisting of
not more than three (3) employee representatives, may be established for the purpose of consultation with local
management.
40.03 It is agreed that a subject suggested for discussion may not be within the authority or jurisdiction of
either the management or union representatives. In these circumstances, consultation may take place for the purpose of
providing information, discussing the application of policy or airing 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.
40.04 Meetings with Regional Committees and the National Committee shall take place at least every six (6)
calendar months. By agreement of the parties the frequency of meetings may be increased. The frequency of meetings with
local Committees shall be determined by mutual agreement.
40.05 All meetings shall be held on the Employer's premises at a time and for a duration determined by mutual
agreement.
40.06 Full-time employees forming the continuing membership of local Committees shall be protected against
any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where
applicable.
40.07 A designated representative of the Union Committee and management shall exchange a written agenda for a
meeting as early as possible prior to the effective date of the meeting, but in any case normally not less than
fifteen (15) calendar days in advance.
40.08 It is agreed that the following matters will be subjects for joint consultation under clause 40.01:
(a) housing;
(b) parking (current arrangements, including prices charged);
(c) training - Scheduling of study after normal working hours;
(d) duration of tour and return of employees posted for lengthy terms of field survey or construction trips;
(e) reserve;
(f) compensation for technicians performing courier duties;
(g) isolated posts - trip out for death in the family;
(h) shift Scheduling - Shift Cycles.
41.01 The coming in force of this Agreement will not serve to deny an employee any right previously enjoyed
which flows from Acts, Regulations or Treasury Board Minutes then in force except to the extent that such rights are
modified by the express provisions of this Agreement.
41.02 The Employer agrees to consult the Union before implementing any changes in terms and conditions of
employment not covered by this Agreement.
41.03 The terms and conditions of employment about which the Employer agrees to consult in accordance with
clause 41.02 shall extend to and include those terms and conditions of employment established by the following
Regulations or Directives:
(a) Travel Policy;
(b) Foreign Service Directives;
(c) Isolated Posts Directive;
(d) Employer's share of premium payments for PSHCPM, Provincial and Supplementary Hospital Insurance.
42.01 Unless by prior agreement in writing between the employee and the Employer, no employee shall be
required by the Employer to use his/her privately-owned motor vehicle on Employer business.
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