Ships' Officers (SO) (Archived)

List of Changes to the Agreement
Between the Treasury Board and
The Canadian Merchant Service Guild

ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01 For the purpose of this Agreement:

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(b) "bargaining unit" means the officers of the Employer in the Ships' Officers Group, as described in the certificate issued by the Public Service Staff Relations Board on December 10, 1968, amended on the 31^st day of May 1999;

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(k) "home port" means the officer's home port as designated by the user departments or, for officers assigned to a regional pool, the geographic location to which an officer is normally assigned;

The "home port" is now defined in relation to the employee rather than the vessel.

ARTICLE 19
LEAVE - GENERAL

This is a new provision that excludes periods of leave without pay of more than 3 months for the calculation of service for the purposes of severance pay, increments and vacation leave accumulation, unless otherwise specified.

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19.11 Except as otherwise specified in this Agreement:

(a) where leave without pay for a period in excess of three (3) months is granted to an Officer, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave;

(b) time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

ARTICLE 20
VACATION LEAVE WITH PAY

This new clause introduces a cap on the carry-over of vacation credits for Ships' Officers that may be carried over into the next vacation year. Notwithstanding this, in order to provide a transition, if the employee has unused vacation leave credits in excess of the noted limits, this establishes an accumulated leave maximum which may be carried forward.

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20.10 Carry-Over and/or Liquidation of Vacation Leave

(a) Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused portion of his or her vacation leave credits up to a maximum of two hundred and eighty (280) hours for those Officers working under Appendix K and L, two hundred and ninety four (294) hours for those Officers working under Appendix I, three hundred and twenty six decimal two (326.2) hours for those Officers working under Appendix J; and three hundred and thirty six (336) hours for those Officers working under Appendix H, shall be carried over into the following vacation year. All vacation leave credits in excess of the foregoing maxima shall be automatically paid in cash at his or her rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.

(b)

(i) Notwithstanding paragraph (a), on the date of signing of this Agreement or on the date an officer becomes subject to this Agreement, he or she has more than the limits provided in paragraph (a) above of unused vacation leave credits earned during previous years, this number of unused vacation leave credits shall become the officer's accumulated leave
maximum;

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

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

(c) The rate of pay specified above shall be the lay-day rate of pay specified in Appendix A-3B for officers working under Appendix H, and the hourly rate of pay specified in Appendix A-2 for officers working under Appendix I, J, K or L.

(d) The officer's accumulated leave maximum as calculated pursuant to clause b (i) above shall be reduced irrevocably by the number of vacation leave credits liquidated in excess of the officer's annual vacation leave entitlement during the vacation year

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

ARTICLE 25
MEALS AND QUARTERS

The quanta have been increased to the amounts noted in the clauses.

25.02

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(b) when the vessel is in home port, eight dollars and fifty cents ($8.50) per day in lieu of meals and quarters for a regular working day of less than twelve (12) hours and eleven dollars and fifty cents ($11.50) per day in lieu of meals and quarters for a regular working day of twelve (12) hours or more.

25.03

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(a) when the vessel is in home port, eight dollars and fifty cents ($8.50) per day in lieu of meals and quarters for a regular working day of less than twelve (12) hours and eleven dollars and fifty cents ($11.50) per day in lieu of meals and quarters for a regular working day of twelve (12) hours or more;

ARTICLE 30
HOURS OF WORK AND OVERTIME

The quanta have been increased to the amounts noted in the clauses.

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30.09 Meal Allowance

(a) For positions where meals are not provided by the Employer, an officer who works three (3) or more consecutive hours of overtime on a regular working day shall receive a meal allowance of nine dollars and fifty cents ($9.50) except where a free meal is provided.

Effective April 1, 2002, this allowance will be increased to ten dollars ($10.00).

Reasonable time with pay, to be determined by management, shall be allowed the officer in order that he may take a meal break either at or adjacent to his place of work.

(b) For positions where meals are not provided by the Employer, an officer who works overtime continuously beyond the period provided in clause 30.09(a) shall be reimbursed for one (1) additional meal in the amount of nine dollars and fifty cents ($9.50) for each four (4) hour period of overtime worked thereafter, except where a free meal is provided.

Effective April 1, 2002, this allowance will be increased to ten dollars ($10.00).

Reasonable time with pay, to be determined by management, shall be allowed the officer in order that he may take a meal break either at or adjacent to his place of work.

(c) For positions where meals are not provided by the Employer, an officer who works overtime on days of rest beyond the prior scheduled overtime worked shall receive a meal allowance of nine dollars and fifty cents ($9.50) after having worked three (3) consecutive hours of overtime beyond the prior scheduled overtime period and nine dollars and fifty cents ($9.50) for each four (4) hour period of overtime worked thereafter, except where a free meal is provided.

Effective April 1, 2002, this allowance will be increased to ten dollars ($10.00).

Reasonable time with pay, to be determined by management, shall be allowed the officer in order that he/she may take a meal break either at or adjacent to his/her place of work.

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30.11 An officer who holds a position identified under Appendix "G" shall only be compensated for overtime worked on a day of rest not exceeding his/her normal daily hours of work.

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30.14 Compensation in cash or leave with pay

(a) All overtime earned (Article 30), all compensation earned for performing Security Duty (Article 33), Travelling Time (Article 24), Call-back Pay (Article 31) Reporting Pay (Article 32), Dirty Work (Article 40) and all compensation earned for work on a Designated Holiday (Article 21) shall accumulate as compensatory leave at the equivalent cash value of 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 officer and the discretion of the Employer.

(b) Subject to clause (a) above and consistent with operational requirements, compensatory leave standing to the credit of the officer in excess of the cash equivalent of four hundred (400) hours at the officer's substantive level, will be paid off in cash at the officer's current rate of pay.

(c) Notwithstanding paragraph (b),

(i) on the date of signing of this Agreement or on the date an officer becomes subject to this Agreement, he or she has more than the limits provided in paragraph (b) above of unused compensatory leave credits earned during previous years, this number of unused compensatory leave credits shall become the officer's accumulated compensatory leave maximum;

(ii) Unused compensatory leave credits equivalent to the officer's accumulated compensatory leave maximum shall be carried over into the following fiscal year;

(iii) The officer's accumulated compensatory leave maximum as calculated pursuant to clause (c)(i) above shall be reduced irrevocably by the number of compensatory leave credits liquidated during the fiscal year.

(d) When an officer commences compensatory leave, such leave shall be granted at the sub-group and level that is in effect on the day on which the compensatory leave is granted.

**ARTICLE 34
TECHNOLOGICAL CHANGE

34.01 The parties have agreed that in cases where, as a result of technological change, the services of an officer are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the National Joint Council Work Force Adjustment Agreement concluded by the parties will apply. In all other cases, the following clauses will apply:

34.02 "Technological Change" means:

(a) the introduction by the Employer of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of officers;

or

(b) a major change in the Employer's operation directly related to the introduction of that equipment or material which will result in significant changes in the employment status or working conditions of the officers.

34.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on officers which might result from such changes.

34.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days written notice to the Guild of the introduction or implementation of technological change.

34.05 The written notice provided for in clause 34.04 will provide the following information:

(a) the nature and degree of change;

(b) the anticipated date or dates on which the Employer plans to effect change;

(c) the location or locations involved.

34.06 As soon as reasonably practicable after notice is given under clause 34.04, the Employer shall consult with the Guild concerning the effects of the technological change referred to in clause 34.04 on each group of officers. Such consultation will include but not necessarily be limited to the following:

(a) the approximate number, class and location of officers likely to be affected by the change;

(b) the effect the change may be expected to have on working conditions or terms and conditions of employment on officers.

34.07 When, as a result of technological change, the Employer determines that an officer requires new skills or knowledge in order to perform the duties of his or her substantive position, the Employer will make every reasonable effort to provide the necessary training during the officer's working hours and at no cost to the officer.

ARTICLE 35
PAY ADMINISTRATION

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35.04 When an officer is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for a temporary period of at least one (1) complete working day, the officer shall be paid acting pay calculated from the date on which the officer commenced to act as if the officer had been appointed to that higher classification level for that period in which the officer acts.

ARTICLE 43
DURATION AND RENEWAL

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43.01 The term of this Agreement shall be from April 1, 2000 to March 31, 2003.

**APPENDIX "A"

SO - SHIPS' OFFICERS GROUP
ANNUAL RATES OF PAY

The rates of pay shown below shall be effective on the dates indicated.

A) Effective April 1, 2000
B) Effective April 1, 2001
C) Effective April 1, 2002

**APPENDIX "A-1"

SO - SHIPS' OFFICERS GROUP
WEEKLY RATES OF PAY

The rates of pay shown below shall be effective on the dates indicated.

A) Effective April 1, 2000
B) Effective April 1, 2001
C) Effective April 1, 2002

The weekly equivalent rates of pay shown above have been determined from the annual rates and may be subject to rounding in the payroll process.

**APPENDIX "A-2"

SO - SHIPS' OFFICERS GROUP
HOURLY RATES OF PAY

The rates of pay shown below shall be effective on the dates indicated.

A) Effective April 1, 2000
B) Effective April 1, 2001
C) Effective April 1, 2002

The hourly equivalent rates of pay shown above have been determined from the annual rates of pay and may be subject to rounding in the payroll process.