25.01 Under the following circumstances and subject to
clause 25.02, an employee shall receive severance benefits calculated on the
basis of the employee's weekly rate of pay:
(a) Lay-off
(i) On the first lay-off two (2) weeks' pay for the first complete year of
continuous employment and one (1) week's pay for each additional complete year
of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365).
(ii) On second or subsequent lay-off one (1) week's pay for each complete
year of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), less any period in
respect of which the employee was granted severance pay under sub-clause
25.01(a)(i) above.
(b) Resignation
On resignation, subject to sub-clause 25.01(d) and with ten (10) or more
years of continuous employment, one-half (1/2) week's pay for each complete year
of continuous employment up to a maximum of twenty-six (26) years with a maximum
benefit of thirteen (13) weeks' pay.
(c) Rejection on Probation
On rejection on probation, when an employee has completed more than one (1)
year of continuous employment and ceases to be employed by reason of rejection
during a probationary period, one (1) week's pay for each complete year of
continuous employment.
(d) Retirement
(i) On retirement, when an employee is entitled to an immediate annuity
under the Public Service Superannuation Act or when the employee is
entitled to an immediate annual allowance, under the Public Service
Superannuation Act,
or
(ii) a part-time employee, who regularly works more than thirteen and
one-half (13 1/2) but less than thirty (30) hours a week, and who, if he or
she were a contributor under the Public Service Superannuation Act,
would be entitled to an immediate annuity thereunder, or who would have been
entitled to an immediate annual allowance if he or she were a contributor
under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete period of
continuous employment, comprised of one (1) week's pay for each complete year of
continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), to a maximum of thirty
(30) weeks' pay.
(e) Death
If an employee dies, there shall be paid to the employee's estate a severance
payment in respect of the employee's complete period of continuous employment,
comprised of one (1) week's pay for each complete year of continuous employment
and, in the case of a partial year of continuous employment, one (1) week's pay
multiplied by the number of days of continuous employment divided by three
hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless
of any other benefit payable.
**
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of continuous
employment and ceases to be employed by reason of termination for cause for
reasons of incapacity pursuant to Section 11(2)(d) or (e) of the Financial
Administration Act, one week's pay for each complete year of continuous
employment with a maximum benefit of twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of continuous
employment and ceases to be employed by reason of termination for cause of
reasons of incompetence pursuant to Section 11(2)(d) or (e) of the Financial
Administration Act, one week's pay for each complete year of continuous
employment with a maximum benefit of twenty-eight (28) weeks.
25.02 The period of continuous employment used in the
calculation of severance benefits payable to an employee under this Article
shall be reduced by any period of continuous employment in respect of which the
employee was already granted any type of termination benefit. Under no
circumstances shall the maximum severance pay provided under clause 25.01 be
pyramided.
25.03
(a) The weekly rate of pay referred to in the above clauses shall be the
weekly rate of pay to which the employee is entitled for the classification
prescribed in the employee's certificate of appointment pertaining to the
position held by the employee on a substantive basis immediately prior to the
termination of the employee's employment.
(b) Notwithstanding paragraph 25.03(a), where an employee has been in an
acting position for more than 1 (one) years at the time of severance, the rate
of pay used to determine the employee's severance pay is the employee's acting
rate of pay.
Appointment to a Separate Employer Organization
**
25.04 Notwithstanding 25.01(b), an employee who resigns to
accept an appointment with an organization listed in Schedule V of the Financial
Administration Act may choose not to be paid severance pay provided that
the appointing organization will accept the employee's Schedule I and IV service
for its severance pay entitlement.
26.01 Where the Employer determines that due to the nature
of work there is a clear cut need, wash-up time up to a maximum of ten (10)
minutes will be permitted before the end of the working day.
27.01 Except as provided in this Article, the terms and
conditions governing the application of pay to employees are not affected by
this Agreement.
27.02 An employee is entitled to be paid for services
rendered at:
(a) the pay specified in Appendix "A" for the classification of the
position to which the employee is appointed, if the classification coincides
with that prescribed in the employee's certificate of appointment,
or
(b) the pay specified in Appendix "A" for the classification
prescribed in the employee's certificate of appointment, if that classification
and the classification of the position to which the employee is appointed do not
coincide.
27.03
(a) The rates of pay set forth in Appendix "A" shall become
effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A" have an
effective date prior to the date of signing of this Agreement, the following
shall apply:
(i) "retroactive period" for the purpose of subparagraphs (ii) to
(v) means the period from the effective date of the revision up to and
including the day before the collective agreement is signed or when an
arbitral award is rendered therefor;
(ii) a retroactive upward revision in rates of pay shall apply to
employees, former employees or in the case of death, the estates of former
employees who were employees in the bargaining unit during the retroactive
period;
(iii) for initial appointments made during the retroactive period, the rate
of pay selected in the revised rates of pay is the rate which is shown
immediately below the rate of pay being received prior to the revision;
(iv) for promotions, demotions, deployments, transfers or acting situations
effective during the retroactive period, the rate of pay shall be
recalculated, in accordance with the Public Service Terms and Conditions
of Employment Regulations, using the revised rates of pay. If the
recalculated rate of pay is less than the rate of pay the employee was
previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay shown immediately below the rate
of pay being received prior to the revision;
(v) no payment nor notification shall be made pursuant to clause 27.03(b)
for one dollar ($1.00) or less.
27.04 Where a pay increment and a pay revision are effected
on the same date, the pay increment shall be applied first and the resulting
rate shall be revised in accordance with the pay revision.
27.05 Holding Rates of Pay
An employee who, in accordance with the Regulations Respecting Pay on
Reclassification or Conversion, is being paid at a holding rate of pay on
the effective date of an economic increase and continues to be paid at that rate
on the date immediately prior to the effective date of a further economic
increase, shall receive a lump-sum payment equal to one hundred per cent (100%)
of the economic increase for the employee's former group and level calculated on
his final rate of pay.
27.06 Rate of Pay on Reclassification of Duties and Responsibilities to a
Level With a Lower Maximum Rate
Where an employee's duties and responsibilities are reclassified to a level
with a lower maximum rate of pay than the level at which the employee is being
paid, the following shall apply:
(a) Prior to a position being reclassified to a group and/or level having a
lower attainable maximum rate of pay, the incumbent shall be notified in
writing.
(b) Downward reclassification notwithstanding, an encumbered position shall
be deemed to have retained for all purposes the former group and level. In
respect to the pay of the incumbent, this may be cited as Salary Protection
Status and subject to Section (c)(ii) below shall apply until the position is
vacated or the attainable maximum of the reclassified level, as revised from
time to time, becomes greater than that applicable, as revised from time to
time, to the former classification level.
(c)
(i) The Employer will make a reasonable effort to transfer the incumbent to
a position having a level equivalent to that of the former group and/or level
of the position.
(ii) In the event that an incumbent declines an offer of transfer to a
position as in (i) above in the same geographic area, without good and
sufficient reason, that incumbent shall be immediately paid at the rate of pay
for the reclassified position.
27.07 If, during the term of this Agreement, a new
classification standard for a group is established and implemented by the
Employer, the Employer shall, before applying rates of pay to new levels
resulting from the application of the standard, negotiate with the Association
the rates of pay and the rules affecting the pay of employees on their movement
to the new levels.
27.08
(a) When an employee is required by the Employer to substantially perform the
duties of a higher classification level in an acting capacity and performs those
duties for at least three (3) consecutive days or shifts, the employee shall be
paid acting pay calculated from the date on which he or she commenced to act as
if he or she had been appointed to that higher classification level for the
period in which he or she acts.
(b) When a day designated as a paid holiday occurs during the qualifying
period the holiday shall be considered as a day worked for purposes of the
qualifying period.
27.09 When the regular pay day for an employee falls on his
or her day of rest, every effort shall be made to issue his or her cheque on his
or her last working day, provided it is available at his or her regular place of
work.
28.01 Hours of Work
(a) Except as provided for in clause 28.03, the normal work week 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 through Friday.
The work day shall be scheduled to fall within a nine (9)-hour period between
the hours of 6:00 a m. and 6:00 p.m., unless otherwise agreed in consultation
between the Association and the Employer at the appropriate level.
(b) An employee normally shall be granted two (2) consecutive days of rest
during each seven (7)-day period unless operational requirements do not so
permit.
(c) Subject to operational requirements as determined from time to time by
the Employer, an employee shall have the right to select and request flexible
hours between 6:00 a.m. and 6:00 p.m.
(d)
(i) 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 (28) day
period such an employee shall be granted days of rest on such days as are not
scheduled as a normal workday for the employee.
(ii) 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.
(e) Employees may be required to submit monthly attendance registers; only
those hours of overtime and absences need be specified.
28.02 Employees covered by 28.01(c) shall be subject to the
variable hours of work provisions established in this Agreement.
28.03 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 either
(ii) 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.
(b) Every reasonable effort shall be made by the Employer:
(i) not to schedule the commencement of a shift within eight (8) 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 fifty-six (56)
days and to post schedules at least fourteen (14) days in advance of the
starting date of the new schedule;
(v) to grant an employee a minimum of two (2) consecutive days of rest.
(c) The Employer shall make every reasonable effort to schedule a meal break
of 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
midpoint 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.
(d) Where 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:
(i) on the day it commenced where half or more of the hours worked fall on
that day,
or
(ii) on the day it terminates where more than half of the hours worked fall
on that day.
Accordingly, the first 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 the employee's last scheduled shift; and the second day of rest
will start immediately after midnight of the employee's first day of rest, or
immediately after midnight of an intervening designated paid holiday if days of
rest are separated thereby.
General
28.04 An employee's scheduled hours of work shall not be
construed as guaranteeing the employee minimum or maximum hours of work.
28.05 The Employer agrees that, before a schedule of working
hours is changed, the change will be discussed with the appropriate
representative of the Association, if the change will affect a majority of the
employees governed by the schedule.
28.06 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.
28.07 If an employee is given less than seven (7) days'
advance notice of a change in the 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 shift changed. Subsequent shifts worked on the new schedule shall be paid
for at straight time. Such employee shall retain his or her previously scheduled
days of rest next following the change or if worked, such days of rest shall be
compensated in accordance with the overtime provisions of this Agreement.
28.08 Two (2) rest periods of fifteen (15) minutes each
shall be scheduled during each normal day for non-operating employees. The
Employer agrees, where operational requirements permit, to continue the present
practice of providing rest periods for operating employees.
28.09 Assignment of Overtime Work
Subject to the operational requirements of the service, the Employer shall
make every reasonable effort:
(a) to allocate overtime work on an equitable basis among readily available,
qualified employees,
and
(b) to give employees who are required to work overtime adequate advance
notice of this requirement.
28.10 Subject to operational requirements, the Employer
shall make every reasonable effort to avoid excessive overtime.
28.11 When an employee is required by the Employer to work
overtime, the employee shall be compensated for each fifteen (15)-minute period
as follows:
(a) on the employee's normal work day, at the rate of time and one-half
(1 1/2) for the first seven and one-half (7 1/2) hours of overtime worked and at
the rate of double (2) time for all hours of overtime in any contiguous period
in excess of the first seven and one-half (7 1/2) hours;
(b) on the employee's first day of rest, at the rate of time and
one-half (1 1/2) for the first seven and one-half (7 1/2) hours of overtime
worked and at the double (2) time rate for each contiguous hour thereafter;
(c) on the employee's second or subsequent day of rest,
(i) at the basis of double (2) time for each hour of overtime worked.
Second or subsequent day of rest means the second or subsequent day in an
unbroken series of consecutive and contiguous calendar days of rest;
(ii) notwithstanding paragraph (b) and sub-paragraph (c)(i) above,
if, in an unbroken series of consecutive and contiguous calendar days of rest,
the Employer permits the employee to work the required overtime on a day of
rest requested by the employee, then the compensation shall be at time and
one-half (1 1/2) for the first day worked.
28.12
(a) If an employee is given instructions before the beginning of the
employee's meal break or before the midpoint of the employee's workday whichever
is earlier, to work overtime on that day and reports for work at a time which is
not contiguous to the employee's work period, the employee shall be paid for the
time actually worked, or a minimum of two (2) hours' pay at straight time,
whichever is the greater.
(b) If an employee is given instructions, after the midpoint of the
employee's workday or after the beginning of the employee's meal break whichever
is earlier, to work overtime on that day and reports for work at a time which is
not contiguous to the employee's work period, the employee shall be paid for the
time actually worked, or a minimum of three (3) hours' pay at straight time,
whichever is the greater.
28.13 Meal Allowance
(a) An employee who works three (3) or more hours of overtime immediately
before or immediately following his or her scheduled hours of work, and who has
not been notified of the requirement prior to the end of last scheduled work
period, shall be reimbursed for one meal in the amount of ten dollars and fifty
cents ($10.50), except where free meals are provided.
(b) When an employee works overtime continuously extending four (4) hours or
more beyond the period provided in (a) above, the employee shall be reimbursed
for one additional meal in the amount of ten dollars and fifty cents ($10.50),
except where free meals are provided.
(c) Reasonable time with pay, to be determined by the Employer, shall be
allowed the employee in order to take a meal break either at or adjacent to the
employee's place of work.
(d) This clause shall not apply to an employee who is in travel status which
entitles the employee to claim expenses for lodging and/or meals.
28.14
(a) Overtime shall be compensated in cash except where, upon request of an
employee and with the approval of the Employer, overtime may be compensated in
equivalent leave with pay.
(b) The Employer shall grant compensatory leave at times convenient to both
the employee and the Employer. Compensatory leave with pay not used by the end
of the fiscal year shall be paid in cash at the employee's hourly rate of pay as
calculated from the classification prescribed in the employee's certificate of
appointment at that date. An employee may elect to carry over into the next
fiscal year up to a maximum of thirty-seven and one-half (37 1/2) hours of
unused compensatory leave.
28.15 The Employer will endeavour to make cash payment for
overtime earned under this Article within six (6) weeks following the end of the
pay period in which the record of the hours of overtime was submitted.
28.16 When an employee is required to work either continuous
or non-contiguous overtime, time spent by the employee reporting to or returning
from work shall not constitute time worked.
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