Electronics (EL) 404 (Archived)

ARTICLE 43
TRAINING

On-Location Training

43.01 In recognition of changes taking place in the "state of the art" in the Electronics field, the Employer will continue to provide appropriate training manuals and, when operational requirements permit, to initiate and to facilitate relevant training and study sessions designed to improve the qualifications of an employee.

43.02 The parties agree to continue a joint committee established to enquire into the feasibility and ways and means of implementing an educational programme which will provide employees with the opportunity to improve their "state of the art" knowledge in the Electronics field and to make formal recommendations based on this study.

While the above programme shall be the Committee's first priority objective, there shall be no barrier to their discussing, exchanging information and making recommendations on subjects relating to the continuing technical development and training of employees in the Electronics Group.

The formal recommendations of the Committee will be submitted to the Employer for consideration and where found practicable will be initiated.

Such meetings shall normally occur at least four (4) times per year or more frequently if desired by the parties. There is no requirement for equal representation as the function of this Committee is such that the number of persons involved from either party may vary depending on the subject matter.

It is expressly understood that no commitment may be made by any member of the Committee on a subject that is not within his/her authority or jurisdiction nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

Off-Location Training

43.03 Days Off

The Employer shall, where practicable, schedule at least two (2) days off to which the employee would normally be entitled immediately preceding and immediately following training courses and in no case will an employee lose credit because of such training for days off to which he/she would normally be entitled.

43.04 Expenses

(a) Employees attending training courses will be reimbursed for expenses incurred for accommodation, meals and incidentals in accordance with the Treasury Board Travel Policy.

(b) An employee shall advise his/her supervisor, within one (1) week of being informed that he/she is to be assigned to an off-location training session, of any unusual related personal expenses he/she anticipates incurring as a result of attendance at such course. The supervisor shall thereupon decide whether or not to proceed with the assignment. If the decision is to proceed, and subsequently the employee's attendance at the course is cancelled or re-scheduled, any such expenses incurred by the employee will be reimbursed by the Employer. The employee will make every reasonable effort to mitigate any losses incurred and will provide proof of such action to the Employer.

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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.

43.06

(a) An employee will not be required to attend a course or series of courses in excess of twelve (12) continuous weeks' duration.

(b)

(c) Clause (b) above shall apply to employees in Foreign Affairs and International Trade (DFAIT) only when they are required to attend courses outside their headquarters' area.

(d) The Employer will make every reasonable effort to ensure that training courses do not require employees to be away from their headquarters area between December 15^th and January 5^th.

43.07 If the Employer requires an employee to become proficient in the use of a second language, language training will be paid for by the Employer.

43.08 When training courses are given in locations where French is the employees' working language, such courses shall be conducted in the French language except where, because of the nature of the course content, the employees attending the course request that the instruction be given in the English language.

43.09 When, in connection with training courses given under the terms of this Article, the courses entail classroom or associated instruction of seven (7) or less hours per day, exclusive of a meal period, no overtime claim from participants will be recognized or paid, except as may be involved in travel immediately prior to or following the course from his/her residence to his/her place of lodging during the course and vice versa.

43.10 An employee assigned to a training course outside of his/her headquarters' area, which will necessitate his/her absence from his/her assigned work place for a period of more than fourteen (14) consecutive calendar days, will not be required to report for work on the day(s) he/she is assigned to travel to such training course. Except in respect of travel on a day of rest or a designated paid holiday, an employee will receive his/her normal salary for the day(s) but no additional payment will be made for time spent travelling unless such time exceeds eight (8) hours per day. Such excess hours will be paid at the rate of time and one-half (1 1/2).

43.11 On return from a training course outside of his/her headquarters area, which necessitated his/her absence from his/her assigned work place for a period of more than fourteen (14) consecutive calendar days, an employee may travel on the day his/her course terminates; but when the employee is given a following day or days off with pay for the purpose of travel, he/she shall receive no additional payment for time spent travelling unless such time exceeds eight (8) hours per day. Such excess hours will be paid at the rate of time and one-half (1 1/2).

43.12 Clause 43.10 and 43.11 shall not apply to an employee who lives at home while on an assigned training course.

43.13 Instructors will not be required to provide formal instruction (be formally in contact with the students in a classroom or laboratory environment) to students in excess of an average of twenty (20) hours per week over a fiscal year. Such hours are part of the hours of work set out in clause 23.04.

ARTICLE 44
TECHNOLOGICAL CHANGE

44.01 Both parties recognize the overall advantages of technological change. Both parties will, therefore, encourage and promote technological change and improvements in the Electronics field.

44.02 With this in view, and recognizing the extensive lead time required for the selection, installation and proving of sophisticated electronic equipment, the Employer agrees to provide as much advance notice as is practicable but not less than six (6) months' notice to the Union of any major technological change in electronic equipment which would result in changes in the employment status or working conditions of employees as provided for in this Agreement. In addition, the Employer agrees to consult with the Union with a view to resolving problems which may arise as a result of the introduction of such technological change.

44.03 If, during the life of this Agreement, it becomes likely that an employee will become redundant, the Employer will notify the Union forthwith and agrees to meet with the Union within thirty (30) days of a written request by the Union to do so, to discuss the matter fully and, if necessary to ensure that all steps including those provided by the Employer's manpower adjustment procedures have been fully utilized.

ARTICLE 45
SAFETY AND SECURITY

45.01 The Employer shall make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on this subject and, to this end, local committees will continue to be utilized. These will be composed of Union and Employer representatives, will meet periodically for the correction of unsafe or potentially harmful work practices, will review and examine reports of serious accidents, and will carry out inspections of work sites when this is warranted by circumstances, and make recommendations.

45.02 In addition, a national committee composed of not less than three (3) Employer representatives and not less than three (3) Union representatives will be established to review the activities and reports of the various local committees, to review accident frequency and accident severity records, to promote health and safety education on a national basis, and to recommend procedures and techniques designed or intended to prevent or reduce the risk of employee injury.

45.03 The Union agrees to participate on the above-mentioned safety committees and to make every effort to encourage its members to observe all safety rules and to use all the appropriate protective equipment and safeguards.

45.04 In the interests of safety the Employer will continue to provide all training it considers necessary to employees required to work on new equipment and facilities either by on-the-job training or by formal or informal training at factories or at Employer training schools. The Employer will also continue to provide training in safety practices to employees while attending technical courses at the Employer's schools.

45.05 The Employer shall provide medical services and facilities necessary for the treatment of occupational illness or injuries.

45.06 In the event of a fatal accident a representative of the Local will be invited to be present, where possible, in the Employer's investigation of the accident.

ARTICLE 46
FOREIGN AFFAIRS

46.01 Foreign Technicians

Foreign Technicians and Engineers shall not be permitted to work on Canadian-owned electronics equipment installed or maintained by the Infrastructure Technology Division without the approval of the Regional Technical Manager (RTM) or if he/she is not available, the Head of Mission (HOM) or delegate after consultation with the Infrastructure Technology Division (SXT) Ottawa. The RTM or HOM shall only give permission in emergency situations and the work performed shall be inspected by a DFAIT employee in the Electronics group at the next possible opportunity.

46.02 Facilities

Where building and space limitations permit, the Employer shall provide adequate and where possible separate workshop facilities at posts abroad.

46.03 Home Leave

Home leave will normally be taken immediately upon return to Canada for duty in Canada. At the request of an employee and where operational requirements permit, home leave may be deferred to a time mutually agreed upon by the employee and the Employer.

46.04 Posting

Upon request, the Employer shall advise an employee of his/her status for posting purposes.

The Employer shall advise an employee of any change in his/her status for posting purposes and, where possible, will provide reasons for the change.

An employee shall have the right to discuss his/her status for posting purposes with his/her assignment officer.

46.05 Diplomatic Mail

The Employer agrees to continue to provide employees with the use of the diplomatic mail service in conformity with the practice generally applicable throughout the Foreign Service.

46.06 Air Shipments

Where on removal to a post or return to Ottawa an employee, with the approval of the Employer engages in travel by land or sea, preceded or followed by travel by air, the Employer will bear the cost of forwarding by air for the latter portion of the journey the employee's accompanying baggage other than personal hand luggage. This cost will be borne provided a separate air shipment from the point of departure to the employee's destination has not been authorized. The weight limitation on air shipments shall be in accordance with current practice and subject to the approval of the Employer.

46.07 Passports

Diplomatic passports will be issued to employees in the Department of Foreign Affairs and International Trade posted or travelling abroad when the Employer considers necessary the protection provided by such passports.

46.08 Electronic Technologists or Technicians at posts abroad will be responsible to the Deputy Head of Post or Officer Delegate.

ARTICLE 47
POSTING

47.01 Whenever practicable, advance notice of a change in posting or a transfer shall be given to an employee. Such notice shall not normally be less than three (3) months. Every reasonable effort will be made to effect such posting or transfer of an employee during his/her children's vacations from school.

ARTICLE 48
EMPLOYEE PERFORMANCE REVIEW
AND EMPLOYEE FILES

48.01 When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read and understood. A copy of an employee's completed assessment form will be provided to the employee.

48.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the content of which the employee was not aware at the time of filing or within a reasonable period thereafter. In the case of discharge such evidence will be limited to the grounds stated in the notice of discharge given to the employee.

48.03 When an unsatisfactory report is placed on an employee's file, the employee concerned must be given an opportunity to sign the report in question to indicate that its contents have been read and understood.

48.04 Any document relating to disciplinary action, which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the infraction took place provided that no further occurrence of disciplinary action has been recorded during this subsequent period.

48.05 Upon written request of an employee, the personnel file of that employee may be made available once per year for his/her examination in the presence of an authorized representative of the Employer.

ARTICLE 49
LOSS OF PERSONAL EFFECTS

49.01 An employee who suffers loss of clothing or personal effects will be compensated in accordance with Order-in-Council, PC-1974-4/1946.

49.02 Where an employee is assigned to duty aboard a ship and suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of a marine accident or disaster, the employee shall be reimbursed the value of those articles up to a maximum of one thousand dollars ($1,000) based on replacement cost less the usual rate of depreciation.

ARTICLE 50
TOOLS

50.01 The Employer agrees to continue its present practice of supplying tools where it considers them necessary.

50.02 Such tools remain the property of the Employer.

50.03 An employee who through neglect or negligence destroys or loses any of the tools issued to him/her by the Employer shall be held responsible for such damage or loss.

ARTICLE 51
MANUALS

51.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all manuals considered necessary to their work by the Employer, and manuals of a non-confidential nature relating to their terms and conditions of employment.

ARTICLE 52
POWER UNITS

52.01 Electronics personnel are not required to be responsible for the care and operation of gasoline/diesel power generating units.

52.02 While at equipment sites, electronics personnel may be required to perform regular plant run-ups, checking of oil or antifreeze levels and other minor inspections. An employee may also be required to perform minor maintenance/repair activities on environmental control systems such as the replacement or adjustment of modules and components.

52.03 It is recognized that at isolated work locations, where normal maintenance services are not available, employees may attempt to repair gasoline/diesel power generating units.

ARTICLE 53
FLYING ACCIDENTS

53.01 When an employee dies or is injured as a result of an unscheduled flight he/she is required to undertake, he/she or his/her estate shall be paid compensation with respect to flying accidents in accordance with the policy in effect at the time the accident occurred.

ARTICLE 54
PAY ADMINISTRATION

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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.

54.02 Rates of Pay and Effective Dates

The rates of pay in Appendix "B" shall be implemented as indicated therein.

54.03 Rates of Pay on Appointment

(a) A person appointed to a classification level from outside the Public Service shall be paid at the minimum rate applying to that level except where the Employer, in its discretion, authorizes a higher rate of pay.

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(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.

(c) An employee to whom sub-clause 54.03(a) applied and who was appointed above the minimum rate during a period where a pay increase becomes retroactive and who was notified in writing prior to his/her appointment that a negotiated retroactive pay increase would not apply to him/her shall, effective the date of his/her appointment, have his/her rate of pay on appointment altered to the rate in the new scale of rates for his/her classification level which is nearest to but not less than the rate at which the employee was appointed. Changes in the employee's rate of pay which took place during the retroactive period will be recalculated on the basis of that new rate.

(d) When a person is appointed to the Public Service within one (1) year of having been laid off, he/she shall be paid in accordance with clause 54.04, 54.05 or 54.06 as if he/she were being appointed to a classification level from within the Public Service. For purposes of applying clause 54.04, 54.05 or 54.06 the employee's rate of pay "immediately before the appointment" shall be deemed to be the rate the employee was being paid when he/she was laid off, except that if the rate the employee was being paid when he/she was laid off has been revised subsequent to the employee being laid off the employee's rate of pay "immediately before the appointment" shall be deemed to be the revised rate.

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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.)

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(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.

(b) An employee appointed, because of his/her incompetence, to a classification level having a lower maximum rate of pay than his/her former classification level shall be paid in his/her new classification level at a rate of pay to be determined by the Employer.

(c) An employee appointed, because of his/her incapacity, to a classification level having a lower maximum rate of pay than his/her former classification level shall be paid in his/her new classification level at a rate of pay to be determined by the Employer.

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

(a) the same maximum rate of pay,

or

(b) a maximum rate which exceeds the employee's former maximum rate by less than four per cent (4%).

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(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.

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(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.

54.07 Rates of Pay on Appointment Where the Effective Date of Appointment Coincides With a Pay Increment Date and/or a Pay Revision Date

Where there is a coincidence of dates of appointment, pay increment and/or pay revision, the employee's rate shall be adjusted in the following sequence as applicable:

(a) the employee shall receive his/her pay increment;

(b) his/her rate of pay shall be revised;

(c) his/her rate of pay on appointment shall be established in the revised scale of rates in the new classification level in accordance with the provisions of clause 54.04, 54.05 or 54.06.

54.08 Acting Pay

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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.

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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.

54.09 Temporary Assignment

An employee of the Public Service from outside the bargaining unit who is temporarily assigned to, and performs for at least ten (10) consecutive working days, the duties of a classification level in the bargaining unit having a higher maximum rate of pay than the maximum rate of pay for the classification level held by him/her, shall be paid from the first day of his/her temporary assignment the rate of pay of the higher classification level as if he/she had been appointed to the higher classification level.

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

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(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.

(b) Where an employee on acting pay or on temporary assignment is appointed to the classification level in which he/she is acting or temporarily assigned, the employee shall continue to be paid in that classification level at the rate of pay he/she is receiving and his/her service in that classification level shall be recognized in determining his/her increment date.

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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.

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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.

54.13 Rate of Pay on Reclassification of Duties and Responsibilities to a Level With a Lower Maximum Rate

Where an employee's duties and responsibilities are reclassified to a level with a lower maximum rate of pay than the level at which he/she is being paid, the following shall apply:

(a) Prior to a position being reclassified to a group and/or level having a lower attainable maximum rate of pay, the incumbent shall be notified in writing.

(b) Downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all purposes the former group and level. In respect to the pay of the incumbent, this may be cited as Salary Protection Status and subject to Section (c)(ii) below shall apply until the position is vacated or the attainable maximum of the reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time, to the former classification level.

(c)

54.14 Pay Increments

(a) Except as provided in sub-clause 54.14(b) an employee's salary shall be increased by a pay increment on completion of the pay increment period specified in Appendix "B".

(b) The Employer may deny a pay increment to an employee if it is satisfied the employee is not performing the duties of his/her position satisfactorily. Where the Employer intends to deny a pay increment from an employee it shall, at least two (2) weeks but not more than six (6) weeks before the due date for the pay increment to the employee, give the employee, in writing the reason for the denial.

(c) Where the Employer has denied an increment it may grant the increment on any Monday prior to the expiry of the increment period following and the employee shall retain his/her increment date. The Employer shall review the employee's performance three (3) months after the date of denial and decide whether or not the employee's increment should be granted.

(d) The pay increment date of an employee who has an established quarterly increment date shall be the Monday nearest to that quarterly increment date.

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(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".

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(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.

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(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.

54.15 Implementation of a New Classification Standard

If, during the term of this Agreement, the Employer establishes and implements a new classification standard, the Employer, following consultation with the Local may apply rates of pay to the classification levels of the standard. If the Local does not agree to the rates as final rates, they shall be considered temporary rates and the Employer will negotiate the rates of pay with the Local. The rates of pay finally agreed will be effective retroactively to the date the temporary rates of pay were applied by the Employer.

54.16 Payment Following Death of Employee

When an employee dies the Employer shall pay to the estate of that employee the amount of pay the employee would have received but for his/her death for the period from the date of the employee's death to the end of the month in which the employee's death occurred.

54.17

(a) The Employer will endeavour to make cash payments for overtime premium and shift differential within four (4) weeks following the end of the calendar month in which they are earned.

(b) The Employer will endeavour to make cash payments in settlement of travel claims within six (6) weeks of the submission of the claim by the employee.

54.18 When an employee, through no fault of his/her own, has been overpaid, the paying office will, before recovery action is implemented, advise the employee of the intention to recover the overpayment. Where the amount of overpayment is in excess of fifty dollars ($50), and where the employee advises his/her Local Management that the stated recovery action will create a hardship, arrangements will be made by the Department with the paying office to limit recovery action to not more than 10% of the employee's pay each period until the entire amount is recovered.

Note: Public Service

For the purpose of this Article, "Public Service" means that part in respect of which Her Majesty as represented by the Treasury Board is the Employer.

ARTICLE 55 
MISCELLANEOUS

55.01 Except as otherwise provided in Articles 12, 15, 22, 26, 28, 30 and Appendix "B" (Check-off, Time Off for Local Business, Severance Pay, Designated Holidays, Call-Back, Shift and Weekend Premiums and Pay Rates), the terms and conditions of employment for seasonal employees are not altered by this Agreement.

ARTICLE 56
DIVING DUTY ALLOWANCE

56.01 Qualified personnel performing assigned diving duties shall be paid an extra allowance of twelve dollars and fifty cents ($12.50) per hour. The minimum allowance shall be for two (2) hours per dive.

A dive is the total of any period or periods of time during any eight (8) hour period in which an employee carries out required underwater work with the aid of self-contained air supply.

ARTICLE 57
REDUNDANCY

57.01 If, during the life of this agreement it becomes likely that an employee's services will no longer be required, the Employer agrees to give as much advance notice as is practicable but not less than three (3) months' notice to the Union and agrees to meet with the union within thirty (30) days of a written request by the union to do so, to discuss the matter fully and, if necessary to ensure that all steps including those provided by the Employer's manpower adjustment procedures have been fully utilized.

ARTICLE 58
AGREEMENT RE-OPENER CLAUSE

58.01 This Agreement may be amended by mutual consent.

ARTICLE 59
DURATION AND RENEWAL

59.01 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the date it is signed.

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59.02 This Agreement shall expire on August 31, 2004.

SIGNED AT OTTAWA, this 24^th day of the month of July 2002.

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APPENDIX "A"

PENOLOGICAL FACTOR ALLOWANCE

General

1. The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group, and is exposed to immediate hazards of physical injury by assault and other disagreeable conditions.

Degrees of Exposure

2. The factor recognizes the differences between maximum, medium and minimum security penal institutions, as designated by the Employer, and distinguishes between continual, frequent and limited degrees of exposure, as follows:

Formula

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

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Effective Date of Signing:

Effective September 1, 2002:

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Amount of PFA

4. Effective Date of Signing

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.

Effective September 1, 2002:

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.

Application of PFA

5. Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in Section 1 above are applicable.

6. The applicability of PFA to a position and the position's degree of PFA entitlement shall be determined by the Employer following consultation with the bargaining agent.

7. Except as prescribed in Section 10 below, an employee shall be entitled to receive PFA for any month in which he/she receives a minimum of ten (10) days' pay in a position to which PFA applies.

8. Except as provided in Section 9 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different degree of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one (1) position to which PFA applies, the employee shall receive the higher allowance, provided he/she has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.

9. When the incumbent of a position to which PFA applies is temporarily assigned to a position to which a different degree of PFA, or no PFA applies, and when the employee's basic monthly pay entitlement in the position to which he/she is temporarily assigned, plus PFA, if applicable, would be less than his/her basic monthly pay entitlement plus PFA in his/her regular position, the employee shall receive the PFA applicable to his/her regular position.

10. An employee will be entitled to receive PFA, in accordance with the PFA applicable to his/her regular position:

(a) during any period of paid leave up to a maximum of sixty (60) consecutive calendar days,

or

(b) during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more inmates.

11. PFA shall not form part of an employee's salary except for the purposes of the following:

Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations

12. If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to him/her or his/her estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.

**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

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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

2. (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:

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).

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).

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).

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).

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