|
Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
The Employer and the Public Service Alliance of Canada agree, for the term of this collective agreement, that
Fishery Officers working on off-shore surveillance and employed with the Department of Fisheries and Oceans will work
an average of nine and one-half (9 1/2) hours per day while in a Surveillance Mode.
**
Surveillance Mode is defined as the period between the time at which a Fishery Officer on off-shore surveillance
reports to his or her surveillance duty station and the time at which the Fishery Officer leaves his or her
surveillance duty station. Off-shore surveillance may be conducted by vessel or aircraft. Surveillance Mode may be
terminated due to delays in departure or early return.
The normal overtime provisions of the collective agreement will apply to these Officers with the following
exceptions:
(a)
(i) Employees shall receive thirty-seven and one-half (37 1/2) hours pay at the straight-time rate per week while in
a Surveillance Mode. All overtime earned and all compensation earned for work on a designated holiday shall accumulate
as compensatory leave. The compensatory leave earned while in a Surveillance Mode shall be liquidated immediately after
their return from Surveillance Mode unless management deems this impractical due to operational requirements.
(ii) Seventy-five (75) hours of compensatory leave shall be held in a bank to ensure that if an Officer is unable to
make a scheduled trip and there is no other work available, the Officer is eligible to request compensatory leave from
his or her seventy-five (75)-hour bank.
**
(iii) At the request of an employee and with the approval of the Employer, at any time during the fiscal year, the
Employer may pay the requested compensatory leave in excess of one-hundred and fifty (150) hours in cash at the
straight-time rate of pay in effect on the day on which compensatory leave is granted.
(iv) At the end of each fiscal year, all unliquidated compensatory leave in excess of seventy-five (75) hours shall
be paid in cash at the straight-time rate of pay in effect on the day on which compensatory leave is granted.
(b) In addition, if the vessel or aircraft does not depart as scheduled on a designated paid holiday or a day of
rest, the reporting pay article of the collective agreement shall apply.
(c) For the purpose of accumulation of paid leave, severance pay and in the application of Pay Note 8 (pay increment
periods) time spent by employees in Surveillance Mode shall be deemed to be seven and one-half (7 1/2) hours per day
and/or thirty-seven and one-half (37 1/2) hours per week, as applicable.
(d) When an employee works on a designated paid holiday while in a Surveillance Mode, the employee shall be
compensated, in addition to the seven and one-half (7 1/2) hours holiday pay the employee would have been granted had
he or she not worked, at the rate of time and one-half (1 1/2) for all scheduled hours worked and double (2) time for
all hours worked in excess of the scheduled hours.
Arrest Mode
For the purposes of this Memorandum, "Arrest Mode" is defined as those situations where management has authorized a
Fishery Officer on off-shore surveillance to remain on board a vessel for the purposes of maintaining continuity of
evidence.
In Arrest Mode, the overtime provisions of sub-clauses 28.01(a) and (b) will apply. In calculating the entitlement,
all hours for that day will be a combination of hours in Surveillance Mode, nine and one-half (9.5) hours and Arrest
Mode (all remaining hours).
For the purposes of calculating the rate of pay while in Arrest Mode, the regular nine and one-half (9.5)-hour day
shall be deemed to have begun at 8:00 hours and would normally have ceased at 18:00 hours [with one-half (1/2) hour for
lunch]. As such, where an Arrest Mode is authorized after 18:00 hours, the officer would be compensated at time and
one-half (1 1/2) his or her straight-time rate at the beginning of the Arrest Mode.
Once Arrest Mode is confirmed and payment at premium rates is in effect, the premium rate will remain in effect
until Arrest Mode ceases. In a continuing Arrest Mode, two (2) or more days, the Surveillance Mode provisions will not
apply for those days where Arrest Mode continues beyond 12:00 hours on that day.
Officers while in a Surveillance Mode or Arrest Mode shall be excluded from the following provisions of this
collective agreement:
Hours of Work Article
Overtime - clauses 28.02, 28.04, 28.06, 28.07, 28.08
Travelling Time Article
Shift Premiums Article
Call-back Pay Article
Standby Article
The provisions of this collective agreement, with the amendments noted below, shall apply to Coast Guard Marine
Search and Rescue (SAR) Controllers of the Rescue Co-ordination Centres and Marine Rescue Sub-Centres and Hovercraft
Personnel working on a rotating or irregular basis.
1. Delete Clause 25.09 except 25.09(c) and add as follows:
25.09
For employees who work on a rotating or irregular basis, the normal hours of work of thirty seven and
one-half (37 1/2) hours per week and seven and one-half (7 1/2) hours per day may be arranged so that employees are
scheduled:
(a) to work an average of thirty-seven and one-half (37 1/2) hours per week;
(b) to obtain an average of two (2) days of rest per week.
2. The Employer will make every reasonable effort:
(a) to avoid excessive fluctuations;
(b) to provide at least two (2) consecutive days of rest, except when days of rest are separated by a designated
paid holiday that is not worked;
(c) to consider the wishes of the majority of the employees concerned in the arrangement of shifts within a shift
schedule;
(d) to provide a meal break during the employee's full shift and, where operational requirements do not permit a
meal break, the employee will remain at work and eat the meal on the job.
3. Employees to whom this memorandum applies shall be subject to clauses 25.10 to 25.13 of this collective
agreement.
1. Notwithstanding the provision of Article 25 and Appendix "G" of this collective agreement, employees involved in
regulating marine traffic and/or providing radio services to the marine community may, with the approval of the
Employer, complete their weekly hours of employment in a period other than five (5) full days provided that over a
period to be determined by the Employer, employees work an average of thirty-seven and one-half (37 1/2) hours per
week. In every such period, employees shall be granted days of rest on days not scheduled as normal work days for
them.
2. Notwithstanding anything to the contrary contained in this collective agreement, the implementation of any
variation in hours shall not result in any additional overtime work or additional payment by reason only of such
variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the
terms of this collective agreement.
3. Any hours of work arrangement in accordance with paragraph 1 of this Memorandum of Understanding may be at the
request of either party and must be mutually agreed between the Employer and the majority of employees affected and
shall apply to all employees at the work unit.
4. Any special arrangement established under this Memorandum of Understanding shall be subject to the provisions of
clauses 25.10 to 25.13 of this collective agreement.
5. Hours of work arrangements that have been implemented at a worksite in accordance with this Memorandum of
Understanding may be discontinued at the end of the averaging period, provided written notice is provided by either
party at least thirty (30) days in advance, or earlier if mutually agreed.
6. The Public Service Alliance of Canada agrees it will not support any grievances arising out of this collective
agreement whose provisions are amended by this Memorandum of Understanding.
This will confirm the understanding reached in negotiations that for the term of this collective agreement, that
notwithstanding the terms of this agreement, employees engaged as survival instructors in the Department of National
Defence shall be compensated for all hours in excess of seven and one-half (7 1/2) hours per day spent during the trek
and caretaker phases of their duties on the basis of one (1) working day off for each twenty-four (24)-hour period
spent on such duties.
It is agreed by the Treasury Board and the Public Service Alliance of Canada that the provisions of this collective
agreement, with the amendments noted below, may be applied to shift workers at Vessel Traffic Management Centres of the
Department of Fisheries and Oceans at the Employer's discretion after complying with clauses 25.09(d)(iii) and 25.03 of
the collective agreement.
Delete clause 25.09 of the collective agreement and substitute clause 25.09 as follows:
25.09 When, because of the operational requirements of the service, hours of work are scheduled for employees
on a rotating or irregular basis, they shall be scheduled so that employees, over a period of not more than
sixty-three (63) calendar days:
(a) work an average of thirty-seven and one-half (37 1/2) hours per week;
(b) work eight (8) hours per day;
(c) obtain an average of at least two (2) days of rest per week;
(d) obtain at least two (2) consecutive days of rest, except, when days of rest are separated by a designated paid
holiday, which is not worked;
(e) where operational requirements do not permit a meal break, will remain at work and eat their meal on the
job;
(f) the Employer shall set up a master shift schedule for a sixty-three (63)-day period, posted at least
fifteen (15) days in advance, which will cover the normal requirements of the work area;
(g) every reasonable effort shall be made by the Employer to avoid excessive fluctuations in hours of work.
Delete clause 28.01, Overtime Compensation, of the collective agreement and substitute clause 28.01, Overtime
Compensation, as follows:
28.01 Overtime Compensation
(a) An employee who is required to work overtime on the employee's scheduled workday is entitled to compensation at
time and one-half (1 1/2) for all hours worked in excess of eight (8) hours.
(b) Except as provided in 28.01(b), an employee who is required to work on a first (1st) day of rest is
entitled to compensation at time and one-half (1 1/2) for the first eight (8) hours and double (2) time thereafter.
(c) An employee who is required to work on a second or subsequent day of rest is entitled to compensation at
double (2) time. Second or subsequent day of rest means the second or subsequent day in an unbroken series of
consecutive and contiguous calendar days of rest.
(d) An employee is entitled to overtime compensation for each completed fifteen (15) minute period of overtime
worked by the employee.
Add paragraph 38.05(e) to clause 38.05, Scheduling of Vacation Leave With Pay, of the collective agreement as
follows:
38.05
(e) employees shall take vacation leave on the basis of the schedule being worked.
The Employer and the Public Service Alliance of Canada agree that Fishery Officers in the GT Group performing
enforcement duties shall be paid a lump sum payment of two thousand ($2,000) effective June 22, 2001 in respect of work
performed during the first (1st) year of this Agreement and a further lump sum payment of
two thousand ($2,000) effective June 22, 2002 in respect of work performed during the second year of this Agreement,
except as provided below:
1. For employees who did not receive, or will not have received, pay as a Fishery Officer for a period of more than
three (3) months (herein known as "a period of non-payment") within the first (1st) year of the Agreement
and/or within the second year of the Agreement, either due to an acting appointment, leave without pay, termination as
an employee, seasonal employment or a new appointment to a Fishery Officer position, the employee shall receive seven
dollars and sixty-nine cents ($7.69) per day for each regular working day for which the employee received his or her
pay as a Fishery Officer during that year of the Agreement.
2. Part-time employees shall be entitled to the lump sum payments on a pro rata basis.
APPENDIX "I"
Notwithstanding the provisions of Article 25, Hours of Work, and Article 28, Overtime, the following provisions
shall apply to employees of the Sea Lamprey Control Unit of the Department of Fisheries and Oceans who are required to
perform work away from their headquarters area during the "field season" and it is impractical or impossible for them
to return to their headquarters area on weekends.
It is agreed that representatives of local management and duly authorized local representatives of employees may
jointly devise and decide on a mutually acceptable work schedule program, which shall include a specified number of
consecutive calendar days of work in the field followed by a combination of days of rest and compensatory leave earned
during the period of field duty. The schedule will not contain the hours of work on each day and the starting and
quitting time shall be determined according to operational requirements on a daily basis except that the normal daily
hours of work shall be consecutive, with the exception of a lunch break, and not in excess of seven and
one-half (7 1/2) hours and, accordingly, clause 25.08 shall not apply.
Such a work schedule shall normally not exceed a combination of twenty (20) consecutive calendar days of work and
eight (8) days of days of rest and compensatory leave. Should local management decide that operational requirements
require an extension of the twenty (20) calendar days of work [up to a maximum of seven (7) calendar days] in order to
preclude another trip to the area, the appropriate number of additional days shall be worked and the days of rest and
compensatory leave extended as required.
Overtime shall be compensated in accordance with this collective agreement and shall be taken as compensatory leave
immediately following the period in the field or at the discretion of the Employer.
The Public Service Alliance of Canada agrees that it will not support any grievance related to the provisions of
this Memorandum of Agreement.
Notwithstanding the provisions of Article 25, Hours of Work, and Article 28, Overtime, the following provisions
shall apply to certain employees of the Department of National Defence working at the Defence and Civil Institute of
Environmental Medicine (DCIEM) who engage in experimental diving tests, trials and experiments, hereinafter referred to
as "dives":
1. There shall be instituted a form of compensation known as "diving allowance", the details of which are to
follow.
2. The type of dive is to be discussed with the employees concerned in advance of the event so that they understand
the nature of the dive and the appropriate amount of compensation which will be provided in accordance with this
Memorandum of Agreement.
3. When employees participate in dives, the normal overtime provisions of the collective agreement shall not apply;
but they shall be compensated as follows:
- On a normal working day, employees shall receive their regular pay for the day.
- On a day of rest or a designated paid holiday, they shall be paid up to a maximum of seven and
one-half (7 1/2) hours at the applicable overtime rate.
4. In addition, employees shall be entitled to remuneration through the provision of the diving allowance in the
following manner if:
(a) they are qualified to the standards prescribed in orders issued by the Chief of the Defence Staff for members of
the Canadian Forces as a clearance, ship's, or shallow water diver;
and
(b) their duties include participating in dives;
or
(c) they volunteer and are directed to participate in dives;
at the rate of:
(1) sixty dollars ($60) per month,
or
(2) eighty dollars ($80) per month after three (3) years,
or
(3) one hundred dollars ($100) per month after six (6) years for the period they are required to participate on a
continuous basis as a member of Defence and Civil Institute of Environmental Medicine,
or
(4) nine dollars ($9) per day each day during which the employee participates on a casual basis in a dive, to a
maximum of sixty dollars ($60) in any calendar month.
5. Employees who are qualified in accordance with paragraph 4 are entitled, in addition to any entitlement under
that paragraph, to the daily rate as set out in the table hereunder for each complete twenty-four (24) hour period and
for any remaining period of more than six (6) hours during which they are participating in an experimental saturation
dive and subsequent decompression.
|
COLUMN I
Depth (in feet)
|
COLUMN II
Depth (in metres)
|
COLUMN III
Daily Rate
|
|
50 - 250
|
15.24 - 76.20
|
$15
|
|
251 - 600
|
76.50 - 182.88
|
$25
|
|
Over 600
|
Over 182.88
|
$35
|
6. The nature of a requirement to participate in a dive shall be identified as either a requirement without option
or a voluntary act in the employee's current statement of duties. This shall be subject to review on an annual
basis.
7. In event of an upward revision of military diving allowances, the allowances specified in this memorandum shall
be adjusted accordingly. This does not preclude further discussion of this allowance at the formal negotiations of a
collective agreement.
K-1 Diving Duty Allowance
K-1.01 Qualified personnel performing assigned diving duties shall be paid an extra allowance of fifteen
dollars ($15) per hour. The minimum allowance shall be for two (2) hours per dive.
K-1.02 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 a self-contained air supply.
K-2 Vacation Leave With Pay
K-2.01 At least eight (8) days notice must be given for requests of vacation leave of four (4) days or
less.
K-2.02 The Employer may for good and sufficient reason grant vacation leave on shorter notice than that
provided for in clause K-2.01.
K-3 National Consultation Committee
K-3.01 To facilitate discussions on matters of mutual interest outside the terms of the collective agreement,
the Employer will recognize a Meteorological Technicians Committee of the Alliance for the purpose of consulting with
management. Representation at such meetings will be limited to three (3) representatives from each party. It is agreed
that the first of such meetings will be held within three (3) months of the date of the signing of this agreement, and
thereafter as determined by mutual agreement.
K-3.02 Meetings of this Committee will be held at Atmospheric Environment Services Headquarters. Employee
representation on this committee should include not less than one (1) member from a field establishment.
K-3.03 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 the 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.
K-4 Transfer at Sea Allowance
K-4.01 When an employee is required to transfer to a skip, submarine or barge (not berthed) from a
helicopter, ship's boat, yardcraft or auxiliary vessel, the employee shall be paid a transfer allowance of five
dollars ($5) except when transferring between vessels and/or work platforms which are in a secured state to each other
for the purpose of performing a specific task such as deperming. If the employee leaves the ship, submarine or barge by
a similar transfer, the employee shall be paid an additional five dollars ($5).
Employees in the Engineering and Scientific Support Group employed by the Department of National
Defence engaged in Sea Trials under the following conditions will be remunerated in accordance with the terms
below:
1.
(a) When an employee is scheduled to proceed to sea beyond the harbour limits aboard a Naval Vessel, Submarine,
Auxiliary Vessel or Yardcraft for the purpose of conducting trials, repairing defects or dumping ammunition, the
employee shall be paid for all hours aboard to a maximum of fifteen (15) hours at the straight-time rate per day,
or
at the applicable rate of pay for all hours worked whichever is greater.
(b) In addition, an employee shall receive a submarine trials allowance equal to twenty-five per cent (25%) of his
basic hourly rate for each completed one-half (1/2) hour the employee is required to be in a submarine.
2.
(a) When an employee is required to be in a submarine when it is in a closed down condition either alongside a jetty
or within a harbour, on the surface or submerged; i.e. when the pressure hull is sealed and undergoing trials, such as
vacuum tests, high pressure tests, snort trials, battery ventilation trials or other recognized formal trials, or the
submarine is rigged for diving, the employee shall be compensated for all hours aboard at the applicable rate of pay
for all hours' worked and at the straight-time rate for all unworked hours.
(b) In addition, an employee shall receive a submarine trial allowance in accordance with 1(b).
3. Upon the request of an employee and with the approval of the Employer, the employee may be compensated in
equivalent leave with pay.
4. Compensatory leave is to be granted at the convenience of the employee where operational requirements permit.
5. Certain provisions of the Collective Agreement for which an employee normally may be eligible are inapplicable if
the employee is in receipt of remuneration in accordance with the provisions set out in this Memorandum. The articles
which do not have application to employees covered by this Memorandum are:
- Call-Back Pay
- Reporting Pay
- Shift Premium
- Travelling Time
- Standby
25.01 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or
maximum hours of work.
25.02 The Employer agrees that, before a schedule of working hours is changed, the changes will be discussed
with the appropriate steward of the Alliance if the change will affect a majority of the employees governed by the
schedule.
25.03 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.
25.04 Except as provided for in clause 25.05, the normal workweek shall be thirty-seven and
one-half (37 1/2) hours exclusive of lunch periods, comprising five (5) days of seven and one-half (7 1/2) hours each,
Monday to Friday. The workday shall be scheduled to fall within an eight (8) hour period where the lunch period is
one-half (1/2) hour or within an eight and one-half (8 1/2) hour period where the lunch period is more than one
half (1/2) hour and not more than one (1) hour. Such work periods shall be scheduled between the hours of 6:00 a.m. and
6:00 p.m. unless otherwise agreed in consultation with the Alliance and the Employer at the appropriate level.
25.05 For employees who work on a rotating or irregular basis:
(a) Normal hours of work shall be scheduled so that employees work:
(i) an average of thirty-seven and one-half (37 1/2) hours per week and an average of five (5) days per week,
and
(ii) either seven and one-half (7 1/2) hours per day,
or
(iii) an average of seven and one-half (7 1/2) hours per day where so agreed between the Employer and the majority
of the employees affected,
(iv) subject to the operational requirements of the service, an employee's days of rest shall be consecutive and not
less than two (2).
(b) Every reasonable effort shall be made by the Employer:
(i) not to schedule the commencement of a shift within twelve (12) hours of the completion of the employee's
previous shift;
(ii) to avoid excessive fluctuations in hours of work;
(iii) to consider the wishes of the majority of employees concerned in the arrangement of shifts within a shift
schedule;
(iv) to arrange shifts over a period of time not exceeding two (2) months and to post schedules at least
seven (7) days in advance of the starting date of the new schedule.
25.06 Notwithstanding the provisions of this article, upon request of an employee and the concurrence of the
Employer, an employee may complete his or her weekly hours of employment in a period other than five (5) full days
provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven and
one-half (37 1/2) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually
agreed between the employee and the Employer. In every twenty-eight-day (28) period such an employee shall be granted
days of rest on such days as are not scheduled as a normal workday for the employee.
25.07 The Employer shall make every reasonable effort to schedule a meal break of at least
one-half (1/2) hour during each full shift which shall not constitute part of the work period. Such meal break shall be
scheduled as close as possible to the mid-point of the shift, unless an alternate arrangement is agreed to at the
appropriate level between the Employer and the employee. If an employee is not given a meal break scheduled in advance,
all time from the commencement to the termination of the employee's full shift shall be deemed time worked.
25.08 When an employee's scheduled shift does not commence and end on the same day, such shift shall be
considered for all purposes to have been entirely worked:
(a) on the day it commenced where half or more of the hours worked fall on that day;
or
(b) on the day it terminates where more than half of the hours worked fall on that day.
Accordingly, the first (1st) day of rest will be considered to start immediately after midnight of the
calendar day on which the employee worked or is considered to have worked his/her last scheduled shift; and the
second (2nd) day of rest will start immediately after midnight of the employee's first (1st) day
of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated
thereby.
25.09 Two (2) rest periods of fifteen (15) minutes each shall be scheduled during each normal working
day.
25.10 If an employee is given less than seven (7) days' advance notice of a change in that employee's shift
schedule, the employee will receive a premium rate of time and one-half (1 1/2) for work performed on the
first (1st) shift changed. Subsequent shifts worked on the new schedule shall be paid for at straight
time.
Terms and Conditions Governing the Administration of Variable Hours of Work
25.11 The terms and conditions governing the administration of variable hours of work implemented pursuant to
paragraph 25.05(a) and clause 25.06 are specified in clauses 25.11 to 25.14. This Agreement is modified by these
provisions to the extent specified herein.
25.12 Notwithstanding anything to the contrary contained in this Agreement, the implementation of any
variation in hours shall not result in any additional overtime work or additional payment by reason only of such
variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the
terms of this Agreement.
25.13
(a) The scheduled hours of work of any day, may exceed or be less than seven and one-half (7 1/2) hours; starting
and finishing times, meal breaks and rest periods shall be determined according to operational requirements as
determined by the Employer and the daily hours of work shall be consecutive.
(b) Such schedules shall provide an average of thirty-seven and one-half (37 1/2) hours of work per week over the
life of the schedule. The maximum life of a schedule for day shift workers shall be twenty-eight (28) days. The maximum
life of a shift schedule for shift workers shall be one hundred and twenty-six (126) days.
(c) Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate
adjustments will be made.
25.14 For greater certainty, the following provisions of this Agreement shall be administered as provided
herein:
(a) Interpretation and Definitions (clause 2.01)
"Daily rate of pay" - shall not apply.
(b) Minimum Number of Hours Between Shifts
Sub-paragraph 25.05(b)(i), relating to the minimum period between the end of the employee's shift and the beginning
of the next shift, shall not apply.
(c) Exchange of Shifts (clause 25.03)
On exchange of shifts between employees, the Employer shall pay as if no exchange had occurred.
(d) Designated Paid Holidays (clause 32.05)
(i) A designated paid holiday shall account for seven and one half (7 1/2) hours.
(ii) When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the pay
for the hours specified in sub-paragraph (i), at time and one-half (1 1/2) up to his or her regular scheduled hours
worked and at double (2) time for all hours worked in excess of his or her regular scheduled hours.
(e) Travel
Overtime compensation referred to in clause 34.04 shall only be applicable on a work day for hours in excess of the
employee's daily scheduled hours of work.
(f) Acting Pay
The qualifying period for acting pay as specified in paragraph 64.07(a) shall be converted to hours.
(g) Shift Premium
Shift work employees on variable hour shift schedules pursuant to Appendix "D" of this agreement will receive a
shift premium in accordance with clause 27.01.
(h) Overtime
Overtime shall be compensated for all work performed on regular working days or on days of rest at time and
three-quarter (1 3/4).
Preamble
In an effort to resolve retention problems, the Employer will provide an Allowance to incumbents of PI-1 through
PI-6 level positions in Vancouver and Prince Rupert for the performance of duties in the Primary Products Inspection
Group.
**
1. On the date of signing of this memorandum of understanding, the parties agree that incumbents of positions
identified above shall be eligible to receive a "Terminable Allowance" in the following amounts and subject to the
following conditions:
(i) An Allowance to be paid in accordance with the following grid:
|
TERMINABLE ALLOWANCE
|
|
Level
|
Monthly Payments
December 1, 2001 to June 1, 2003*
|
|
PI-1
|
$250
|
|
PI-2
|
$250
|
|
PI-3
|
$416.67
|
|
PI-4
|
$416.67
|
|
PI-5
|
$250
|
|
PI-6
|
$250
|
*Allowance is effective on the first (1st) day of each month.
(ii) The Terminable Allowance specified above does not form part of an employee's salary.
(iii) An employee in the positions outlined above shall be paid the Terminable Allowance for each calendar month for
which the employee receives at least ten (10) days' pay in the previous month.
(iv) The Terminable Allowance shall not be paid to or in respect of a person who ceased to be a member of the
bargaining unit prior to the date of signing of this Collective Agreement.
(v) Subject to 1(vi) below, the amount of the Terminable Allowance payable is that amount specified in 1(i) for the
level prescribed in the certificate of appointment of the employee's substantive position.
(vi) When an employee is required by the Employer to perform the duties of a higher classification level in
accordance with clause 64.07, the Terminable Allowance payable shall be proportionate to the time at each level.
(vii) Part-time employees shall be entitled to the Terminable Allowance on a pro rata basis.
2. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject
to consultation.
**
3. This Memorandum of Understanding expires on June 21, 2003.
1. SUB Plan benefits shall be payable to full-time indeterminate employees in the amount and subject to the
conditions set out in this Plan. The employee must be on off-pay status as a result of a temporary stoppage of work and
must have a recall date. Seasonal employees as defined in the Employer's Terms and Conditions of Employment policy are
not eligible for SUB Plan benefits.
2. In order to be eligible for SUB Plan benefits an employee must have completed a minimum of two (2) years of
continuous employment with the Employer at the time they are placed on off-pay status.
3. SUB Plan benefits will be payable only to those employees on off-pay status who provides the Employer with proof
that he or she has applied for and is in receipt of Employment Insurance (EI) benefits pursuant to Section 12(2) of the
Employment Insurance Act in respect of insurable employment with the Employer.
4. An employee shall not be entitled to SUB Plan benefits during any period the employee is in receipt of benefits
from a claim for Workers Compensation and/or Disability Insurance/Canada Pension Plan/Québec Pension Plan.
5. An employee on off-pay status who is eligible for benefits under this SUB plan shall receive seventy per
cent (70%)of their regular weekly rate of pay per week of off-pay status, or one-fifth (1/5) of the said seventy per
cent (70%) of their regular weekly rate of pay for each day, less the gross weekly amount received from EI during the
benefit period and subject to the following maximums:
|
After two (2) years of continuous employment
|
15 weeks
|
|
After six (6) years of continuous employment
|
17 weeks
|
|
After seven (7) years of continuous employment
|
19 weeks
|
|
After eight (8) years of continuous employment
|
21 weeks
|
|
After nine (9) years of continuous employment
|
23 weeks
|
|
After ten (10) years of continuous employment
|
25 weeks
|
|
After eleven (11) years of continuous employment
|
27 weeks
|
|
After twelve (12) years of continuous employment
|
29 weeks
|
|
After thirteen (13) years of continuous employment
|
31 weeks
|
|
After fourteen (14) years of continuous employment
|
33 weeks
|
|
After fifteen (15) years or more of continuous employment
|
35 weeks
|
No employee shall be paid SUB Plan benefits for more than thirty-five (35) weeks in a calendar year.
6. Where the employee is subject to the two (2) week waiting period before receiving EI benefits, the employee on
off-pay status who is eligible for benefits under the SUB Plan shall receive thirty-five per cent (35%) of their
regular weekly rate of pay.
7. The SUB plan benefits are limited to those provided in paragraph (5) and an employee will not be reimbursed for
any amount that he or she is required to repay pursuant to the Employment Insurance Act.
8. At the employee's request, the payment referred to in paragraph (6) will be estimated and advanced to the
employee. Adjustments will be made once the employee provides proof of receipt of EI benefits.
9. The weekly rate of pay referred to in paragraphs (5) and (6) shall be:
(a) the employee's weekly rate of pay for the substantive level to which she or he is appointed, on the day
immediately preceding the commencement of off-pay status;
or
(b) if on the day immediately preceding the commencement of off-pay status an employee has been performing an acting
assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
10. Where an employee becomes eligible for a pay increment or pay revision while on off-pay status, the benefits
provided by the SUB plan shall be adjusted accordingly.
11. An employee covered by this Memorandum is not subject to the WFA Appendix "T", sections dealing with Notice of
Lay-off and Reasonable Job Offer or the Severance Pay Article of the Collective Agreement.
12. Payments made under this SUB Plan will neither reduce nor increase an employee's severance pay or be treated as
additional income for pension purposes.
13. The Employer shall notify employees on off pay status of any job postings for positions within the Canadian
Grain Commission.
This does not prejudice the union's ability to challenge off pay status or the Employer's ability to impose off pay
status.
In an effort to resolve retention problems, the Employer will provide an Allowance to incumbents of specific
positions for the performance of duties in the Technical Inspection Group.
**
Employees in Transport Canada, Transport Safety Board, Public Works and Government Services Canada, and Fisheries and
Oceans, Canadian Coast Guard who are incumbents at the TI-5 through TI-8 levels in the following positions and who
possess the listed qualifications shall be entitled to Terminable Allowances as listed below.
- Marine Inspectors, Surveyors, Investigators and DFO-CCG Vessel Support Group employees who have knowledge and
extensive experience in the design, construction, operation or maintenance of vessels as demonstrated by possession of
the appropriate marine certificate of competency or university degree/diploma, combined with extensive experience in
the field.
- Air Investigators, Civil Aviation Safety Inspectors and Aircraft Inspectors who have extensive aircraft
maintenance engineering experience and who possess a valid Aircraft Maintenance Engineer licence.
- Civil Aviation Safety Inspectors holding a university degree, college certificate or a current membership in the
American Society for Quality Control, with six (6) to ten (10) years of manufacturing process experience.
Non-destructive specialist having ten (10) years in the field of non-destructive testing, preferably with an aircraft
background and a C.G.S.B certification covering Radiography (Aircraft Structures), Magnetic Particle, Liquid Penetrant
and Eddy Current inspection are also employed.
**
- Rail Investigators and Inspectors with qualifications in at least one of the following disciplines: locomotive
engineer, conductor, brake person, track specialist, rail traffic controller/dispatcher, equipment/car/locomotive
inspector, mechanical officer, signal maintainer and operations officer, and with extensive operational experience in
the railway industry or CANAC/FRA certification.
**
1. On the date of signing of this memorandum of understanding, the parties agree that incumbents of above listed
positions shall be eligible to receive a "Terminable Allowance" in the following amounts and subject to the following
conditions:
(i) An Allowance to be paid in accordance with the following grids:
|
TERMINABLE ALLOWANCE - AVIATION
|
|
Level
|
Monthly Payments
December 1, 2001 to June 1, 2003*
|
|
TI-5
|
$246.92
|
|
TI-6
|
$549.17
|
|
TI-7
|
$759.83
|
|
TI-8
|
$759.83
|
|
TERMINABLE ALLOWANCE - MARINE
|
|
Level
|
Monthly Payments
December 1, 2001 to June 1, 2003*
|
|
TI-5
|
$486.92
|
|
TI-6
|
$916.67
|
|
TI-7
|
$609.83
|
|
TI-8
|
$609.83
|
|
TERMINABLE ALLOWANCE - RAILWAY SAFETY
|
|
Level
|
Monthly Payments
December 1, 2001 to June 1, 2003*
|
|
TI-6
|
$469.16
|
|
TI-7
|
$469.16
|
|
TI-8
|
$469.16
|
*Allowance is effective on the first (1st) day of each month
(ii) The Terminable Allowance specified above does not form part of an employee's salary.
(iii) An employee in the positions outlined above shall be paid the Terminable Allowance for each calendar month for
which the employee receives at least ten (10) days' pay in the previous month.
(iv) The Terminable Allowance shall not be paid to or in respect of a person who ceased to be a member of the
bargaining unit prior to the date of signing of this Collective Agreement.
(v) Subject to 1(vi) below, the amount of the Terminable Allowance payable is that amount specified in 1(i) for the
level prescribed in the certificate of appointment of the employee's substantive position.
(vi) When an employee is required by the Employer to perform the duties of a higher classification level in
accordance with clause 64.07, the Terminable Allowance payable shall be proportionate to the time at each level.
(vii) Part-time employees shall be entitled to the Terminable Allowance on a pro rata basis.
2. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject
to consultation.
**
3. This Memorandum of Understanding expires on June 21, 2003.
For the term of this collective agreement after the date of its signing, employees in the General Technical,
Technical Inspection and Engineering and Scientific Support Groups, employed by the Department of National Defence in
positions at Defence Research Establishments engaged in trials, tests and experiments conducted outside their
headquarters area will be remunerated in accordance with the former Employer's (Defence Research Board) remuneration
policy, as delineated in Personnel Letter No. 1-1974, dated January 4, 1974, DRB Administrative Order No. 304 and
Appendix "A" thereto.
Unless otherwise agreed with the Alliance, the Employer agrees not to enter into collective bargaining with respect
to modifications to the Technical Services' rates of pay related to UCS during the life of the present agreement until
notice to bargain has been served.
The following special conditions shall apply only to Aircraft Maintenance Engineers of the Aircraft Services
Directorate, Transport Canada:
1. When Aircraft Services Directorate helicopter Aircraft Maintenance Engineers are performing their duties while
assigned to shipboard or special assignment,
(a) the following provisions of the Collective Agreement shall not apply:
Articles 25 and 28 - Hours of Work and Overtime
Article 27 - Shift Premiums
Article 29 - Call-Back Pay
Article 30 - Standby
Article 31 - Reporting Pay
Clause 32.05 - Compensation for work on a holiday
Article 34 - Travelling Time
Article 61 - Wash-up Time
Appendix K-4 - Transfer at Sea
(b) they shall receive a weekly Shipboard or Special Assignment Allowance of thirty (30) hours compensation at the
rate of time and one-half (1 1/2) for each period of seven (7) days in which he or she is required to undertake
shipboard or special assignment duties. Periods of less than seven (7) days will be prorated.
(c) The Special Assignment Allowance applies to helicopter operations north of fifty-five (55o) degrees
latitude north.
(d) The Shipboard or Special Assignment Allowance shall not apply to employees receiving Isolated Post Allowance or
any other special allowance for hardship and isolation.
(e) Subject to operational requirements, as determined by the Employer, compensation earned under sub-clause 1(b)
may, at the request of the Employer or the employee, and with reasonable notice, be granted in leave at times mutually
convenient.
(f) If any such leave cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the
employee's then current rate of pay.
(g) When an Aircraft Maintenance Engineer on shipboard or special assignment works on a designated paid holiday, he
or she shall be credited with one (1) day of leave with pay in lieu of the holiday.
2.
(a) Aircraft Maintenance Engineers who are required to perform flight duties other than test flights shall be paid
an allowance of one-hundred dollars ($100) per month, provided such employees complete not less than
fifteen (15) hours' flying time in the performance of such duties each calendar quarter.
(b) Aircraft Maintenance Engineers shall be paid a flying time premium of fifteen ($15) per hour or part thereof,
while performing flight tests authorized by the appropriate responsible manager or the Team Leader in Ottawa, or by the
Regional Manager Aircraft Maintenance, the Team Leader or the Senior Aircraft Maintenance Engineer in the regions.
3. Aircraft Maintenance Engineers in the EG Group whose normal work place is Transport Canada, Aircraft Services
Directorate, Ottawa, or any of the Canadian Coast Guard helicopter bases, who are assigned to work as crewmen on the
Executive Flight, or on Canadian Coast Guard helicopters and who are not in receipt of the Shipboard or Special
Assignment Allowance under 1(b) above, will be compensated for a minimum of eight (8) hours at their straight-time rate
of pay for each day of rest or designated paid holiday while they are on duty away from their headquarters area. Upon
request and with the approval of the Employer, such time may be granted as compensatory leave at times mutually
acceptable to the employee and the Employer. If any such leave cannot be liquidated by the end of the fiscal year, then
payment in cash will be made at the employee's then current rate of pay.
|
