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Operational Services - Table 2 SV (FR, HP, HS, GL, GS, LI, PR(S), SC) (Archived)

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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.


ANNEX "B"
CONVENTIONAL WORK SYSTEM

1. Hours of Work

Except as otherwise provided in Annex "C", "D", and "E", the hours of work shall be:

(a)

(i) eight (8) hours per day,

(ii) an average of forty (40) hours and five (5) days per week,

and

**

(iii) the two (2) days of rest shall be consecutive.

(b) Employees working sea watches shall normally work on the basis of either:

(i) four (4) hours on and eight (8) hours off;

or

(ii) six (6) hours on six (6) hours off.

(c) Employees whose hours of work are designated in accordance with paragraph (a) and who are not assigned to watches shall perform their daily hours of work within a twelve (12) hour period as determined from time to time by the Master/Commanding Officer. For employees other than those assigned to the Stewards Department these hours shall be consecutive except for meal periods.

(d) For employees who regularly work five (5) consecutive days per week on "non-watchkeeping" vessels the hours of work shall be consecutive, except for meal periods,

and

the normal daily hours of work shall be between 06:00 hours and 18:00 hours.

and

employees shall be given forty-eight (48) hours notice of any change in scheduled starting time.

(e) "day of rest" in relation to an employee means the twenty-four (24) hour period during which that employee is not ordinarily required to perform the duties of his/her position other than by reason of the employee being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at 00:00.

(f) A specified meal period shall be scheduled as close to the mid-point of the workday as possible. It is also recognized that the meal period may be staggered, however, the Employer will make every effort to arrange meal periods at times convenient to the employees.

2. Reporting for Sailing

(a) Where an employee is authorized to be absent from the vessel during his off-duty hours, the Master/Commanding Officer shall inform the employee of the time at which shore leave will expire. If the shore leave expiry time cannot be determined and the vessel is placed in standby status, the employee shall notify his/her supervisor where and how he/she may be contacted; the Employer will not be responsible for employees who fail to receive notice of sailing by reason of absence from the place of notification.

(b) If an employee is unable to join his vessel because it either sails earlier than the posted sailing time or earlier than the time he/she was given under sub-paragraph (1), if the Employer considers it feasible to do so:

(i) the employee shall be transported to the vessel's first (1st) port of call or other point of contact with the vessel at the Employer's expense,

or

(ii) when work is available, the employee shall be employed in his classification until he/she is able to return to his vessel,

or

(iii) the employee may take any compensatory leave credits and/or vacation leave credits he/she has accumulated up to the time the vessel sailed.

(c) Where an employee reports on board for sailing in accordance with the sailing time posted on the vessel's notice board or as otherwise required by the Master/Commanding Officer, the officer is entitled to the greater of:

(i) compensation at the applicable rate for any work performed on that day,

or

(ii) one (1) hour's pay at the straight-time rate, provided that the vessel is in home port.

3. Reporting for SAR Mission

(a) When an employee, after having completed his designated hours of work, has left the Employer's premises, is subsequently required to return to the Employer's premises to take part in a Search and Rescue mission (SAR) and does so aboard a vessel whose primary function is not search and rescue operations, the employee shall be paid the greater of:

(i) compensation at the applicable overtime rates for any work performed in excess of his designated hours of work,

or

(ii) compensation equivalent to three (3) hours' pay at the applicable overtime rate.

(b) Where the Employer requires a vessel operating under this Annex to be on standby, an employee who is assigned to that vessel and is required to be available for duty during off-duty hours, shall be compensated at the rate of one (1) hour for each eight (8) hour period thereof for which he/she has been assigned to the vessel while it is on standby.

(i) No payment shall be granted if an employee is unable to return to the vessel and/or report for work when required.

(ii) An employee on standby who is required to return to the vessel and report for work immediately shall be paid, in addition to the standby pay, the greater of:

(A) the applicable overtime rate for the time actually worked,

(B) compensation equivalent to three (3) hours' pay at the applicable overtime rate.

(iii) Employees on standby who are required to return to the vessel only to be available for their next scheduled work period, shall be compensated in accordance with paragraph 2(c) Reporting for Sailing.

(iv) Standby shall not apply to employees on vessels while at sea.

4. Reporting Pay

(a) Where an employee, who regularly work five (5) consecutive days per week on a non-watchkeeping vessels, is required to report for work as directed on a day of rest he/she shall be paid for the time actually worked, or minimum of three (3) hours' pay at the applicable overtime rate, whichever is the greater.

(b) Time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

5. Vacation Leave With Pay

Vacation leave with pay shall be granted on an hourly basis, with the hours debited for each day of vacation leave being equal to eight (8) hours per day.

6. Sick Leave With Pay

Sick Leave With Pay shall be granted on an hourly basis, with the hours debited for each day of sick leave being equal to eight (8) hours per day.

7. Compensation for Work on a Holiday

Where an employee works on a holiday, the employee shall be entitled, in addition to the eight (8) hours pay the employee would have been granted had the employee not worked on the holiday, to compensation at the rate of:

(a) time and one-half (1 1/2) for all hours worked up to eight (8) hours,

and

(b) double (2) time for hours worked in excess of the eight (8) hours of work;

or

(c) where an employee works on a holiday contiguous to a day of rest on which the employee has also worked and received overtime in accordance with the Appendix "G" Specific provisions (Ships' Crew) Overtime Compensation clause, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, double (2) time for hours worked.

ANNEX "C"
42 HOUR AVERAGING WORK SYSTEM

1. Interpretation and Definitions

For Ships' Crews described in Annex "C":

(a) "Day" in relation to employee means the twenty-four (24) hour period during which that employee is normally required to perform the duties of his/her position and commences at the designated crew change time.

(b) "Day of rest" in relation to an employee means the twenty-four (24) hour period during which that employee is not ordinarily required to perform the duties of his/her position other than by reason of the employee being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at designated crew change time or immediately following a preceding day of rest in any unbroken period of consecutive and contiguous days of rest.

For employees described in Hours of Work and Overtime paragraph (c) of this Annex:

(c) "Day" in relation to an employee means the twenty-four (24) hour period during which that employee is normally required to perform the duties of his/her position and commences at 00:00.

(d) "Day of rest" in relation to an employee means the twenty-four (24) hour period during which that employee is not ordinarily required to perform the duties of his/her position other than by reason of the employee being on leave, absent from duty without permission or by reason of that being a holiday, and commences at 00:00.

2.01 Vacation Leave

(a) An employee shall earn vacation leave credits at the rate prescribed for his or her years of continuous employment, as set forth in Vacation Leave with Pay, for each calendar month for which he receives at least eighty-four (84) hours' pay.

(b) An employee shall have his or her accrued hours of vacation leave with pay adjusted to an hourly credit by multiplying the number of hours under Vacation Leave With Pay by a factor of one decimal four-seven (1.47).

(c) Should an employee leave the Ships' Crews Group or the Annex "C" operating system, the credits will be converted to hours by applying the above formula in reverse.

2.02 Vacation Leave With Pay

Vacation leave with pay shall be granted on an hourly basis, with the hours debited for each day of vacation leave being equal to eight decimal four (8.4) hours per day.

3. Sick Leave With Pay

(a) An employee shall earn sick leave credits at the rate prescribed in General - Sick Leave With Pay, for each calendar month for which the employee receives at least eighty-four (84) hours pay.

(b) An employee shall have his/her accrued sick leave with pay converted to hourly credits by multiplying the number of sick leave days earned by eight decimal four (8.4).

(c) Should an employee leave the Ships' Crew Group or Annex "C" operating system, the employee's credits will be converted to regular days by dividing the number of sick leave hours by eight decimal four (8.4) and adjusting it upwards to the nearest half (1/2) day.

(d) Sick Leave With Pay shall be granted on an hourly basis, with the hours debited for each day of sick leave being equal to eight decimal four (8.4) hours per day.

(e) Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of Sick Leave With Pay may, at the discretion of the Employer, be granted for a period of up to two hundred and ten (210) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the employee.

4. Meals and Quarters

Notwithstanding clauses 8.01, 8.02 and 8.03 but subject to clause 8.06 of General - Meals and Quarters, when an employee is required by the Employer to attend legal proceedings, training or other such work related activities, the Employer reserves the right, where in its opinion circumstances warrant, to reimburse actual and reasonable costs incurred for meals and/or lodging, where such costs exceed the amounts in clauses 8.01, 8.02 or 8.03.

5. Severance Pay

For the purpose of this article, 'weekly rate of pay' means the employee's hourly rate of pay set out in Annex "A" multiplied by forty-three (43), applying to the employee's classification, as shown in the instrument of appointment.

6. Hours of Work and Overtime

6.01 Hours of Work

(a) To meet operational requirements, hours of work may be designated so that employees work an average of forty-two (42) hours per week.

(b) Except as provided in paragraph (c) below employees shall be entitled to compensation at time and one-half (1 1/2) for hours worked in excess of forty (40) hours per week but not exceeding the average of forty-two (42) hours per week.

(c) The following conditions apply to employees employed on fire tugs or assigned to DND security watch patrols or assigned as Coast Guard Rescue Centre Watchkeepers,

(i) subject to General, Overtime compensation, but notwithstanding any other provisions of this Agreement employees shall be entitled to compensation at time and one half (1 1/2) for hours worked in excess of an average of forty (40) hours per week.

(d) Employees subject to paragraphs (a) and (b) above may leave the vessel after receiving permission from the Master.

6.02 In the case of vessels engaged primarily in Search and Rescue operations, employees shall be available to return to the vessel within thirty (30) minutes. In the case of vessels whose primary function is not Search and Rescue, employees shall be available to return to vessel within one (1) hour.

6.03 Other than for Search and Rescue and Fire Tug response operations, the Employer shall endeavour to provide twenty-four (24) hours notice of any change in scheduled workday starting time.

6.04 Overtime Compensation

(a) When an employee is required to work continuously without a break of at least six (6) hours, he/she shall continue to be compensated at double (2) time for hours worked provided:

(i) the employee has worked more than twenty (20) hours in any period of twenty-four (24) consecutive hours for employees who normally work a twelve (12) hour day.

(b) An employee subject to Hours of Work paragraphs 6.01(a) and (b) above is entitled to compensation at double (2) time on alternate days on which he/she works, beginning with the first (1st) day on which he/she works, in any unbroken period of consecutive days of rest.

(c) All overtime earned, all compensation earned for performing security duty, and all compensation earned for work on a designated paid holiday shall accumulate as compensatory leave at the sub-group and level at which it is earned. Such accumulated compensatory leave shall be held in reserve to be liquidated in leave or cash at the request of the employee and the discretion of the Employer.

(d) Subject to paragraph (c) above and consistent with operational requirements, compensatory leave standing to the credit of the employee in excess of three hundred (300) hours will normally be paid off in cash, or the excess may be granted as leave at the request of the employee.

7. Compensation for Work on a Holiday

Where an employee works on a holiday, the employee shall be entitled, in addition to the eight (8) hours pay the employee would have been granted had the employee not worked on the holiday, to compensation at the rate of:

(a) time and one-half (1 1/2) for all hours worked up to eight (8) hours;

and

(b) double (2) time for hours worked in excess of the eight (8) hours of work;

or

(c) where an employee works on a holiday contiguous to a day of rest on which the employee has also worked and received overtime in accordance with the Appendix "G" Specific provisions (Ships' Crew) Overtime Compensation clause, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, double (2) time for hours worked.

ANNEX "D"
46.6 HOUR AVERAGING WORK SYSTEM

1. General

Class 400 vessels will operate under this work system and shall not be placed under another work system except by mutual agreement between the parties.

2. Interpretations and Definitions

(a) "Day" in relation to an employee means the twenty four (24) hour period during which that employee is normally required to perform the duties of his/her position and commences at the designated crew change time.

(b) "Day of rest" in relation to an employee means the twenty-four (24) hour period during which that employee is not ordinarily required to perform the duties of his/her position other than by the reason of the employee being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at designated crew change time or immediately following a proceeding day of rest in any unbroken period of consecutive and contiguous days of rest.

3. Vacation Leave with Pay

3.01 An employee shall earn vacation leave credits at the rate prescribed for his/her years of continuous employment, as set forth in Article 35 of the Collective Agreement, for each calendar month for which he/she receives at least ninety-three (93) hours pay.

3.02 An employee shall have his/her accrued hours of vacation pay adjusted to an hourly credit by multiplying the number of hours under Article 20 by a factor of one decimal six thousand two hundred and seventy-five (1.6275).

3.03 Should an employee leave the Ships' Crew group or the Annex "D" operating system the employee's credits will be converted to hours by applying the formula in reverse.

3.04 Vacation Leave

Vacation leave with pay shall be granted on an hourly basis, with the hours debited for each day of vacation leave being equal to nine decimal three (9.3) hours per day.

4. Sick Leave with Pay

(a) An employee shall earn sick leave credits at the rate prescribed in General, Sick Leave With Pay, for each calendar month for which the employee receives at least ninety-three (93) hours pay.

(b) An employee shall have his/her accrued sick leave with pay converted to hourly credits by multiplying the number of sick leave days earned by nine decimal three (9.3).

(c) Should an employee leave the Ships' Crew Group or Annex "D" operating system, the employee's credits will be converted to regular days by dividing the number of sick leave hours by nine decimal three (9.3) and adjusting it upwards to the nearest half day.

(d) Sick Leave With Pay shall be granted on an hourly basis, with the hours debited for each day of sick leave being equal to nine decimal three (9.3) hours per day.

(e) Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of Sick Leave With Pay may, at the discretion of the Employer, be granted for a period of up to two hundred and thirty-three (233) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the employee.

5. Article 25 - Meals and Quarters

Notwithstanding clauses 8.01, 8.02 and 8.03, but subject to clause 8.06 of the General - Meals and Quarters clause when an employee is required by the Employer to attend legal proceedings, training or other such work related activities, the Employer reserves the right, where in its opinion circumstances warrant, to reimburse actual and reasonable costs incurred for meals and/or lodging, where such costs exceed the amounts in 8.01, 8.02 or 8.03.

6. Article 29 - Severance Pay

For the purpose of this Article "weekly rate of pay" means the employee's hourly rate of pay, as set out in Annex "A" multiplied by forty-six (46), applying to the employee's classification, as shown in the instrument of appointment.

7. Hours of Work and Overtime

7.01 To meet operational requirements:

(a) An employee's regular hours shall be a combination of hours worked and hours on "on call" duty which shall average twenty-eight (28) hours of work and fifty-six (56) hours of "on call" duty per week and for pay purposes be equivalent to an average of forty-six decimal six (46.6) straight-time hours per week.

An employee on "on call" duty shall be entitled to compensation at one-sixth (1/6) of his straight-time rate for each completed one-half (1/2) hour of "on call" duty.

When an employee is required to perform work, "on call" duty pay shall not apply.

(b) An employee must be available for work at all times while on "on call" duty.

(c) During the "on call" duty hours, ships' personnel must be in a position to respond to a Search and Rescue (SAR) call within thirty (30) minutes.

Other than for Search and Rescue response operations, the Employer shall endeavour to provide twenty-four (24) hours notice of any change in scheduled workday starting time.

Overtime Compensation

(d) An employee who is required to work overtime on his or her scheduled workday is entitled to compensation at time and one-half (1 1/2) for the first eight (8) consecutive hours of overtime worked and double (2) time for all overtime hours worked in excess of eight (8) consecutive hours of overtime in any contiguous period.

(e) When an employee is required to work continuously without a break of at least six (6) hours, the employee shall continue to be compensated at double (2) time for hours worked provided he/she has worked more than sixteen (16) hours in any one period of twenty-four (24) consecutive hours for employees who normally work an eight (8) hour day.

(f) All overtime earned, all compensation earned for performing security duty, and all compensation earned for work on a designated holiday shall accumulate as compensatory leave at the sub-group and level at which it is earned. Such accumulated compensatory leave shall be held in reserve to be liquidated in leave or cash at the request of the employee and the discretion of the Employer.

(g) Subject to paragraph (e) above and consistent with operational requirements, compensatory leave standing to the credit of the employee in excess of three hundred (300) hours will normally be paid off in cash, or the excess may be granted as leave at the request of the employee.

(h) When an employee commences compensatory leave, such leave shall be granted at the sub-group and level at which it is earned and at the rate of pay for that sub-group and level in effect on the day on which the compensatory leave is granted. Compensatory leave will be liquidated in the order in which it is earned, commencing with the earliest accrued credits.

(i) An employee is entitled to compensation at double (2) time on alternate days on which the employee works, beginning with the first (1st) day on which he/she works, in any unbroken period of consecutive days of rest.

8. Compensation for Work on a Holiday

Where an employee works on a holiday, the employee shall be entitled, in addition to the eight (8) hours pay the employee would have been granted had the employee not worked on the holiday, to compensation at the rate of:

(a) time and one-half (1 1/2) for all hours worked up to eight (8) hours;

and

(b) double (2) time for hours worked in excess of the eight (8) hours of work;

or

(c) where an employee works on a holiday contiguous to a day of rest on which the employee has also worked and received overtime in accordance with the Appendix "G" Specific provisions (Ships' Crew) Overtime Compensation clause, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, double (2) time for hours worked.

ANNEX "E"
LAY-DAY WORK SYSTEM

This is to confirm the understanding reached between the Employer and PSAC with respect to the operation of vessels, or other appropriate situations where the Employer deems that continuous operations are desirable, on the lay-day work system.

The Employer shall make every reasonable effort to allow an employee the option of electing not to serve on a lay-day system, if the employee does so in writing. The Employer will consider the employee's request by reviewing regional vacancies on vessels operating on crewing systems other than those on the lay-day system, and regional shore operations for which the employee may be qualified.

The number of vessels operating on the lay-day work system can be modified from time to time through consultation by the parties. Existing vessels not currently working on the lay-day work system, except for vessels defined in paragraphs (a) and (b) below, shall not be permanently placed on the lay-day system without the mutual consent of the Employer and the Public Service Alliance of Canada,

(a) any vessels not currently on the lay-day manning system where the crew of the vessel has been dispersed throughout the fleet,

(b) any vessel not currently on the lay-day manning system where the crew have been offered an alternate position at the same classification and level on another vessel in the same home port unless otherwise agreed between the Employer and the employee.

Notwithstanding the provisions of the Ships' Crew Collective Agreement, the following conditions shall apply:

1. General

(a) Subject to operational requirements, the Employer will operate the selected vessels on a lay-day system. Under this system, all days will be considered as working days and there will be no days of rest.

(b) "Day" in relation to an employee means the twenty-four (24) hour period during which that employee is normally required to perform the duties of his/her position and commences at the designated crew change time.

(c) "Lay-Day" means a day off work with pay to which an employee becomes entitled by working on the Lay-Day Work System for a number of days. A lay-day shall be considered a part of the work cycle and as such is not considered as a day of authorized leave with pay.

(d) Employees will be informed of the anticipated work schedule for the operational year. Employees will be notified of changes to the anticipated work schedule at the earliest possible time. Normally, employees will receive two (2) months notice of changes to the anticipated work schedule, with a minimum of fourteen (14) days notice.

(e)

(i) The workday will consist of an on-duty-cycle of twelve (12) hours of work per day. For each day worked or for each on-duty-cycle day on which an employee is on authorized leave with pay other than compensatory leave and vacation leave with pay, an employee shall earn one decimal seventeen (1.17) lay-day in addition to the employee's lay-day pay.

**

(ii) The lay day to which subparagraph (e)(i) refers shall be one decimal thirty-six (1.36) for an employee working on vessels operating in accordance with the scheduling arrangement otherwise known as 10-2-1.

(f) In order to maintain the employee's weekly rate of pay, the employee must either:

(i) work,

(ii) be on lay-days,

or

(iii) be on authorised leave with pay.

(g) In the event that an employee does not work and is neither on lay-days nor on authorised leave with pay, his regular pay shall be deducted by an amount equal to his lay-day rate of pay for each day's absence, unless the employee has received an advance of lay-day credits.

(h) It is recognised that lay-days are intended to be taken as time off work with pay. Normally, lay-days shall be paid in cash in cases of termination of employment or permanent appointment to a position which is not on a vessel operating on the lay-day system, or is not within the same department or region. However, at the request of the employee and with the concurrence of the Employer, lay-days may be converted into compensatory leave.

(i) For the purpose of cashing in earned lay-days, a lay-day will equal the lay-day rate of pay multiplied by one decimal five (1.5).

2. Advancement of Lay-Day Credits

At the Employer's discretion, lay-day credits may be advanced to an employee, subject to the deduction of such advanced credits from any lay-day credits subsequently earned.

In the event of termination of employment for reasons other than death or lay-off, the Employer shall recover the advance from any monies owed the employee.

3. Leave - Interpretation

Sick Leave With Pay and Injury on Duty Leave can only be granted during the on-duty cycle.

4. Administration

(a) Lay-day credits shall be accumulated at the rate of pay for the sub-group and level at which they are earned.

(b) Lay-day credits may be prorated on the basis of the hours in the normal work day.

(c) Lay-days which have been displaced by vacation leave may be paid out at the direction of the Employer. The employee will have the option of converting these days to either cash or compensatory leave. When cash is chosen by the employee, lay-days so displaced will be paid in cash at the lay-day rate of pay multiplied by one decimal five (1.5) lay-days displaced by vacation leave will be paid in cash at the lay-day rate of pay multiplied by two decimal zero (2.0).

(d) An employee who has reported for work without being notified not to report, and remains ashore waiting to board his or her vessel for crew change, shall be considered to be at work and is entitled to meals and quarters under General, Meals and Quarters.

(e) Where the Employer alters the scheduled "off-cycle" the Employer shall reimburse the employee's non-refundable portion of travel contracts or reservations made by the employee with respect to that period, subject to the presentation of such documentation as the Employer may require. The employee will make every reasonable attempt to mitigate any loss incurred and will provide proof of such action to the Employer.

(f) At the request of the employee and with the concurrence of the Employer, compensation earned in accordance with Designated Holidays, may be converted into compensatory leave.

5. Vacation Leave With Pay

(a) For the purpose of granting vacation leave for employees subject to the lay-day system, in accordance with this Annex, all vacation leave credits for employees entering or in the lay-day system will be multiplied by a factor of two decimal one (2.1)*. For employees leaving the system, vacation leave credits will be adjusted by reversing the factor.

(b) Vacation Leave

Vacation leave with pay shall be granted on an hourly basis, with the hours debited for each day of vacation leave being equal to twelve (12) hours per day.

6. Designated Holidays

(a) For each designated holiday for which an employee does not work, the employee shall receive his regular pay for that day plus eight (8) hours pay at the straight-time rate, and a lay-day will be deducted from the employee's lay-day bank.

(b) For each designed holiday for which an employee is required to, and does work:

(i) an employee shall receive, in addition to his regular pay and lay-day factor, the cash equivalent to two decimal fifty (2.50) lay-days;

(ii) an employee shall be entitled to be compensated in accordance with the overtime compensation clause below, for work performed on a designated holiday in excess of twelve (12) hours.

(c) For each designated holiday for which an employee is scheduled to work, but is granted the designated paid holiday off, the employee will receive his/her regular lay-day pay and his/her lay-day credit for that day. A lay-day credit will not be deducted from the employee lay-day bank and the employee will not be entitled to any additional pay.

(d) At the request of the employee and with the concurrence of the Employer, compensation earned in accordance with paragraphs (a) and (b) above, may be converted into compensatory leave.

7. Sick Leave with Pay

(a) An employee shall earn sick leave credits at the rate prescribed in clause 5.01 of the General Provisions - Sick Leave With Pay for each calendar month for which the employee receives at least two (2) weeks pay.

(b) An employee shall have his/her accrued sick leave with pay converted to hourly credits by multiplying the number of sick leave days earned by twelve (12).

(c) Should an employee leave the Ships' Crew Group or Annex "E" operating system, the employee's credits will be converted to regular days by dividing the number of sick leave hours by twelve (12) and adjusting it upwards to the nearest half (1/2) day.

(d) Sick Leave With Pay shall be granted on an hourly basis, with the hours debited for each day of sick leave being equal to twelve (12) hours per day.

(e) Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of Sick Leave With Pay may, at the discretion of the Employer, be granted for a period of up to three hundred (300) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the employee.

8. Severance

For the purpose of the Article, Weekly rate of pay means the employee's lay-day rate of pay as set out in the Ships' Crew rates of pay Annex, multiplied by seven (7), applying to the employee's classification, as shown in the instrument of appointment.

9. Travelling

An employee subject to Annex "E" who travels on a lay-day in accordance with the provisions of the Collective Agreement shall be paid at the applicable overtime rate as specified in the overtime clause of Annex "E" for travelling time to a maximum of twelve (12) hours' pay at the applicable overtime rate.

10. Hours of Work and Overtime

10.01 Overtime compensation will be subject to:

(a) Appendix "G" - General - except that subparagraphs (d)(ii) and (d)(iii) shall not apply;

and

(b) an employee shall be entitled to compensation at time and one-half (1 1/2) for overtime worked in excess of his/her regularly scheduled hours of work, except when an employee works more than eighteen (18) consecutive hours without six (6) consecutive hours of rest, he shall be paid at the double (2) time rate for all hours in excess of eighteen (18) hours;

(c) an employee shall be entitled to compensation at time and one-half (1 1/2) for overtime worked in excess of his/her regularly scheduled hours of work. An employee shall be entitled to compensation at double (2) time for overtime work of more than six (6) hours in excess of his/her regularly scheduled hours of work.

10.02 An employee may leave the vessel after receiving permission from the Master/Commanding Officer.

10.03 In the case of vessels assigned primarily to Search and Rescue operations, employees shall be available to return to the vessel within thirty (30) minutes. In the case of vessels whose primary function is not Search and Rescue, employees shall be available to return to the vessel within one (1) hour.

10.04 All overtime earned and all compensation earned for performing security duty, shall accumulate as compensatory leave at the rate of pay at which it is earned. Such accumulated compensatory leave shall be held in reserve to be liquidated in leave or cash at the request of the employee and the discretion of the Employer.

10.05 When an employee commences compensatory leave, such leave shall be granted at the sub-group and level at which it is earned and at the rate of pay for that sub-group in effect on the day on which the compensatory leave is granted. Compensatory leave will be liquidated in the order in which it is earned, commencing with the earliest accrued credits.

11. Non-Watchkeeping Vessels

(a) Standby

Where the Employer requires an employee working on "Non-watchkeeping" vessels to be available on standby during off duty hours, an employee shall be entitled to standby payment of one (1) hours of pay, at the straight time rate, for each eight (8) hours, or part thereof, that he/she is on standby.

(b) Hours of Work

Hours of work for non-watchkeeping vessels shall be consecutive.

_________________________________

*  The factor is determined by dividing the number of hours worked in the Lay-Day Work System (7 x 12 = 84) by the hours worked in the conventional work system (5 x 8) = 40) equals two decimal one (2.1). [ Retour ]


**LETTER OF UNDERSTANDING
BETWEEN THE
TREASURY BOARD
AND THE
PUBLIC SERVICE ALLIANCE OF CANADA

This letter is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in negotiations for the renewal of the Operational Services Collective Agreement.

Accordingly, pursuant to Article 21 Joint Consultation, the Canadian Coast Guard Management representatives will consult with the Alliance prior to placing a vessel on the scheduling arrangement otherwise known as 10-2-1.

Except in cases of emergency or other unforeseeable circumstances, the Canadian Coast Guard Management will endeavour to provide as much notice as possible prior to placing vessels on the above noted scheduling arrangement.

SIGNED AT OTTAWA, this 19th day of the month of November 2001.

THE TREASURY BOARD
OF
CANADA

 

THE PUBLIC SERVICE
ALLIANCE OF
CANADA

Signature Page - MOU - Appendix & Table 2 & G

Display full size graphic


ANNEX "F"
DIRTY WORK ALLOWANCE

1. When an employee is required to:

(a) clean or work in bilges and spaces below the bottom floor plates for periods in excess of fifteen (15) minutes,

or

(b) clean boiler tubes or repair and maintain ships' sewage disposal tanks and associated piping, pumps and valves, or clean on top of boilers while steam pressure is being maintained, or clean inside water tanks, or clean inside oil tanks that have contained oil, or perform spray painting or sand blasting in void or confined areas, or work in the fire side of boiler furnaces, combustion chambers, or in air heater spaces,

or

(c) come in physical contact with the pollutant while engaged in the cleaning up of oil spills in excess of two hundred (200) litres which resulted from a marine disaster, mechanical failure, bunkering or fuel transfer operations,

or

**

(d) repair or maintain the ships' grey water system, including holding tanks, associated piping, pumps and valves, provided the employee is required to come into direct contact with the grey water. Cleaning of clogged drains shall not constitute dirty work.

the employee shall receive, in addition to the appropriate rate of pay, an additional one-half (1/2) the employee's straight-time rate for every fifteen (15) minute period, or part thereof, worked.

2. All of the foregoing duties must have the prior approval of the Master before work is commenced.

ANNEX "G"
DIVING DUTY ALLOWANCE

A qualified employee who is required to perform diving duties and maintain diving equipment on vessels shall be entitled to receive an allowance of seven hundred dollars ($700) per year. This allowance shall be paid on the same basis as that for the employee's regular pay.

ANNEX "H"
SPECIAL ALLOWANCES

Ships' Crews with specialized training and qualifications shall receive the following allowance in accordance with the conditions set out for each allowance.

Rescue Specialist Allowance

**
An employee who completes the required training and becomes a Certified Rescue Specialist shall receive a monthly allowance of one hundred and thirty dollars ($130) for each month the employee maintains such certifications and is assigned to a sea going position where the employee may be required by the Employer to perform such duties.

Fisheries Enforcement Allowance

An employee who completes the required training in Fisheries Enforcement shall receive a monthly allowance of two hundred and fifty dollars ($250) for each month the employee maintains such certifications and is assigned to a sea going position where the employee may be required by the Employer to participate in enforcement duties.

**
An employee who is directly engaged in operating (driving) the ship's Rigid Hull Inflatable (RHI) for transportation of personnel engaged in Fisheries Enforcement activities, shall receive a daily allowance of fifteen dollars ($15), when directly participating in this activity.

Armed Boarding Allowance

An employee, once qualified, shall be paid a monthly allowance of one hundred and fifty dollars ($150.) for each month the employee is assigned to a sea going position on selected Offshore Patrol Vessels of the Department of Fisheries and Oceans, which carry special armaments for the purpose of enforcement duties, where the employee may be required by the Employer to participate in armed boarding activity.

General

1. Ships' Crew must maintain their qualifications on a continuing basis.

2. These allowances shall form part of pay for the purposes of Severance Pay.

ANNEX "I"
GRANTING OF DAYS OFF

For the duration of the this collective agreement the Employer recognizes the desirability of granting days off at such times and in such locations so as to provide an employee the opportunity to enjoy the employee's days off preferably at home, or if not at home, in a community which affords the employee a recreational outlet.

The Employer shall designate a home port for each employee, and subject to operational requirements the Employer undertakes the following:

1. The Employer will grant an employee compensatory leave in the employee's home port unless otherwise mutually agreed.

2. The Employer will grant days of rest to an employee either:

(a) in the employee's home port,

(b) when, in the opinion of the Employer, an employee is within reasonable travelling distance from the employee's place of residence or the employee's home port,

(c) in a location which, in the opinion of the Employer, provides adequate recreational facilities,

(d) in any other location which might be agreeable to both the Employer and the employee.

3. When 2 above does not apply, an employee shall work on the employee's day of rest at the applicable overtime compensation or, if in the opinion of the Employer, sufficient work is not available and the employee does not work, the employee shall be granted one-half (1/2) day of compensation. If the employee works less than a day, he/she shall receive a minimum of four-(4) hours' pay at the applicable premium rate.

ANNEX "J"
TRAINING

This Annex is in respect of the application of training for employees working under Annexes "C", "D" and "E".

Definition

Training refers to an activity where the Employer has determined that such training is necessary or will assist the employee in carrying out his/her assigned duties.

The following activities shall be deemed to be training:

(a) a course given by the Employer,

(b) a course offered by a recognized academic institution,

(c) a seminar, convention or study session in a specialized field directly related to the employee's work.

Training is divided into short and long term. Short-term training is any training scheduled to be twenty-eight (28) days or less in duration and long term is that which is scheduled to be longer in duration than twenty-eight (28) days.

Short Term Training

For short term training the employee shall remain in their normal "work cycle". In those periods where the employee is undertaking training during the normally scheduled off duty portion of the work cycle the employee will be compensated for the scheduled training period at their straight time rate of pay.

Long Term Training

For long term training the employee shall be temporarily removed from their work system and shall work, and be compensated, in accordance with Annex "B".

Other

Employees on training under Annex "B" will be compensated for the scheduled training period at their straight time rate of pay.

Employees on training shall be reimbursed for all reasonable travel expenses incurred.

ANNEX "K"
COMPENSATORY LEAVE

For the duration of this Collective Agreements the Alliance and the Employer mutually recognize the benefit to all parties of employees accumulating compensatory leave in anticipation of non-operational and/or off duty periods.

Failure to accumulate sufficient compensatory leave credits to cover the anticipated periods could lead to employees being placed on off-duty status, resulting in loss of pay for all or a portion of the non-operational period.

Accordingly employees are encouraged to accumulate and retain compensatory leave credits sufficient to cover:

(1) periods during which the vessel will be non-operational by reason of refit, repair, seasonal lay-up, etc.

and

(2) periods during which the employee is not required to work in accordance with a rotational or relief crew system.

To facilitate such accumulation of such compensatory leave, the Employer undertakes to provide employees with as much notice as possible of the periods referred to in paragraphs (1) and (2) above.

The Employer also recognizes the desirability of permitting employees to accumulate compensatory leave credits in excess of three hundred (300) hours for purposes such as seasonal lay-up, educational purposes and other reasonable requests. In the event that such an accumulated compensatory leave is not used for the purpose requested it shall be liquidated in cash.


APPENDIX "H"

PRINTING OPERATIONS (SUPERVISORY)
GROUP SPECIFIC PROVISIONS AND RATES OF PAY

Notwithstanding the general provisions of this collective agreement, the following specific provisions shall apply to employees performing duties as Printing Operations Supervisors.

Hours of Work

1.01 Subject to clauses 25.07 and 25.08, the normal work week shall be scheduled so that the employees work thirty-seven and one-half (37 1/2) hours per week and seven and one-half (7 1/2) hours per day.

Pay Administration

2.01 If an employee dies, the salary due to him or her on the last working day preceding the employee's death, shall continue to accrue to the end of the month in which the employee dies. Salary so accrued which has not been paid to the employee as at the date of the employee's death shall be paid to his or her estate.

Reporting Pay

3.01 If an employee reports for work on his or her scheduled shift, the employee shall be entitled, as a minimum, to compensation equivalent to four (4) hours' pay at his or her hourly rate of pay.

3.02

(a) When an employee is required to report and reports to work on a weekend recess the employee is entitled to a minimum of three (3) hours' pay at the applicable overtime rate.

(b) The minimum payment referred to in paragraph 3.02(a) above, does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 59.05 of this Agreement.

3.03 Clause 3.01 and 3.02 are not applicable where the employee fails to receive reasonable advance notification not to report for work through absence from his or her home or because of other circumstances beyond the control of the Employer.

Travel Between Work Sites

4.01 An employee, regularly employed in one plant, who is required to travel to and work in another plant within the same headquarters area during the employee's regular hours or immediately after, shall have normal travelling time to such other plant paid for at the applicable rate.

**ANNEX "A"
PR(S) - PRINTING OPERATIONS
(SUPERVISORY) GROUP
ANNUAL RATES OF PAY
(in dollars)

A) Effective August 5, 2000
B) Effective August 5, 2001
C) Effective August 5, 2002

PR(S)-1

From:

$

36481

38034

39649

41334

43091

To:

A

37648

39251

40918

42657

44470

B

38702

40350

42064

43851

45715

C

39670

41359

43116

44947

46858

From:

$

44924

46832

To:

A

46362

48331

B

47660

49684

C

48852

50926

PR(S)-2

From:

$

41093

42837

44660

46558

48537

To:

A

42408

44208

46089

48048

50090

B

43595

45446

47379

49393

51493

C

44685

46582

48563

50628

52780

From:

$

50601

52751

To:

A

52220

54439

B

53682

55963

C

55024

57362

PR(S)-3

From:

$

46156

48116

50161

52292

54517

To:

A

47633

49656

51766

53965

56262

B

48967

51046

53215

55476

57837

C

50191

52322

54545

56863

59283

From:

$

56831

59248

To:

A

58650

61144

B

60292

62856

C

61799

64427

PR(S)-4

From:

$

51696

53894

56183

58572

61061

To:

A

53350

55619

57981

60446

63015

B

54844

57176

59604

62138

64779

C

56215

58605

61094

63691

66398

From:

$

63656

66363

To:

A

65693

68487

B

67532

70405

C

69220

72165

PR(S)-5

From:

$

57931

60392

62961

65635

68426

To:

A

59785

62325

64976

67735

70616

B

61459

64070

66795

69632

72593

C

62995

65672

68465

71373

74408

From:

$

71333

74365

To:

A

73616

76745

B

75677

78894

C

77569

80866

**

PAY NOTES

PAY INCREMENTS

1. The pay increment period is twelve (12) months.

2. The pay increment date for an employee appointed after September 1, 1988 to a position in the bargaining unit upon promotion, demotion or from outside the Public Service, shall be the anniversary of such appointment, that is twelve (12) months from date of appointment.

 
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