Ship Repair (West) (SR (W))

Agreement between the Treasury Board and Federal Government Dockyard Trades and Labour Council (Esquimalt)

Group: Ship Repair (West)
(all employees)

Code: 614
Expiry date:

Note to readers

**Asterisks denote changes from the previous Collective Agreement.

Table of contents

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Council affiliates

  • Machinists, Fitters and Helpers Industrial Union, Local 3
  • Shipwrights, Joiners and Wood Caulkers’ Industrial Union, Local 9
  • International Union of Operating Engineers, Local 115
  • International Union of Painters and Allied Trades, Local 138, District Council 38
  • International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 191
  • International Brotherhood of Electrical Workers, Local 230
  • Sheet Metal Workers’ International Association, Local 276
  • United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the US and Canada, Local 324
  • International Association of Machinists and Aerospace Workers, Local 456
  • International Association of Bridge, Structural and Ornamental Iron Workers, Shipyard Riggers, Bench Men and Helpers, Local 643
  • United Brotherhood of Carpenters and Joiners of America, Local 1598
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Article 1: purpose of agreement

1.01 The purpose of this agreement is to maintain harmonious relationships between the Employer, the Council and the employees and to set forth herein the terms and conditions of employment upon which agreement has been reached through collective bargaining.

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Article 2: interpretation and definitions

2.01 For the purpose of this agreement,

a. “annual rate of pay”
means an employee’s hourly rate of pay multiplied by two thousand eighty-seven point zero four (2087.04);
b. “bargaining unit”
means all employees of the Employer in the Ship Repair Group of the Operational Category located on the west coast as described in the certificate issued by the Public Service Labour Relations Board on ;
c. “common-law partner”
refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year (conjoint de fait);
d. “continuous employment”
has the same meaning as specified in the Directive on terms and Conditions of Employment of the Employer;
e. “Council”
means the Federal Government Dockyards Trades and Labour Council (Esquimalt);
f. “daily rate of pay”
means an employee’s hourly rate of pay multiplied by eight (8);
g. “day”
means the twenty-four (24) hour period commencing at 0000 hour and ending at 2400 hours;
h. “double time”
means two (2) times the straight-time rate;
i. “employee”
means an employee as defined in the Public Service Labour Relations Act and who is a member of the Ship Repair bargaining unit;
j. “Employer”
except as specifically provided in clause 15.01, means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board;
k. “harbour limits”

shall be as follows:

  1. Esquimalt, as south-west of a line drawn from the Fisgard Light to Duntze Head.
  2. Patricia Bay, as south of a line drawn east-west through Coal Point.
  3. Nanoose, as east or north of Nanooa Rock Buoy.
l. “holiday pay”
means eight (8) hours’ pay;
m. “lay-off”
means an employee whose employment has been terminated because of lack of work or because of the discontinuance of a function;
n. “lead hand”
refers to a temporary on-site working supervisor, as determined by management, providing technical oversight and detailed instructions on work methods and procedures. These duties will exclude any administrative duties normally performed by an SR MGT-01;
o. “leave”
means authorized absence from duty by an employee during the employee’s regular or normal hours of work;
p. “overtime”
means time worked by an employee outside of the employee’s regularly scheduled hours;
q. “pay”
means basic hourly rates of pay as specified in Appendix “A” and the differentials specified in Appendix “A” where applicable, and does not include shift premium;
r. “sea trials”
means trials conducted outside the harbour limits;
s. “spouse”
will, when required, be interpreted to include “common-law partner” except, for the purposes of the Foreign Service Directives, the definition of “spouse” will remain as specified in Directive 2 of the Foreign Service Directives;
t. “straight-time rate”
means the hourly rate of pay;
u. “time and one-half”
means one and one-half (1 1/2) times the straight-time rate;
v. “triple time”
means three (3) times the straight-time rate;
w. “weekly rate of pay”
means an employee’s hourly rate of pay multiplied by forty (40),
x. “work centre”
is defined as an organizational structure previously referred to as a shop;
y. “work centre supervisor”
refers to the first level of supervision within a work centre (SR MGT-01).

2.02 Except as otherwise provided in this agreement, expressions used in this agreement,

  1. if defined in the Public Service Labour Relations Act, have the same meaning as given to them in that Act;
  2. if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
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Article 3: conflict between future legislation and the collective agreement

3.01 If any law now in force or enacted during the term of this agreement renders null and void any provision of this agreement, the remaining provisions shall remain in effect for the term of the agreement. The parties shall thereupon seek to negotiate substitute provisions which are in conformity with the applicable law.

3.02 In the event that there is a conflict between the contents of this agreement and any regulation except as provided under section 113 of the Public Service Labour Relations Act, this agreement shall take precedence over the said regulation.

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**Article 4: application

4.01 The provisions of this agreement apply to the Council, employees and the Employer.

4.02 Both the English and French texts of this agreement shall be official.

4.03 Unless otherwise expressly stipulated, the provisions of this agreement apply equally to male and female employees and words importing the masculine gender include feminine gender.

**

4.04 The Employer agrees to make available to each employee a copy of the collective agreement and Letters of Understanding for his/her retention. For the purpose of satisfying the Employer’s obligation under this clause, employees shall be given electronic access to this agreement. Where electronic access to the agreement is unavailable or impractical, the employee shall be supplied, on request, with a printed copy of the agreement.

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Article 5: managerial responsibilities

5.01 The Council recognizes and acknowledges that the Employer has and shall retain the exclusive right and responsibility to manage its operation in all respects and it is expressly understood that all such rights and responsibilities not specifically covered or modified by this agreement shall remain the exclusive rights and responsibilities of the Employer.

Such rights will not be exercised in a manner inconsistent with the expressed provisions of this agreement.

5.02 This article will not restrict the right of an employee to submit a grievance in accordance with the Public Service Labour Relations Act.

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Article 6: recognition

6.01 The Employer recognizes the Federal Government Dockyards Trades and Labour Council (Esquimalt) as the exclusive bargaining agent for all employees in the Ship Repair Occupational Group located on the west coast described in the certificate issued to the Council by the Public Service Labour Relations Board on .

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**Article 7: Union representation

7.01 Access to employer’s premises

The Employer agrees that accredited Union representatives of the Council and its constituent Unions may have access to the Employer’s premises upon notice to and the consent of the Employer and such consent shall not be unreasonably withheld.

7.02 Appointment of stewards

The Employer acknowledges the right of the Council to appoint a reasonable number of employees as stewards.

7.03 Recognition of Council representatives

The Employer recognizes Council officers and stewards as official Union representatives and will not discriminate against them because of their legitimate activities as such. The Employer will not define the disciplinary action to be taken against a Council officer or steward without first giving the Council or the Union, as the case may be, an opportunity of making representations on his/her behalf.

The Council shall notify the Employer promptly and in writing of the names of its Council officers and stewards and of any subsequent changes.

7.04 Leave for Council officers and/or stewards

  1. Time off with pay for Council officers and/or stewards to investigate and process complaints of employees may be granted upon request to their immediate superior. Such permission shall not be unreasonably withheld.
  2. Council officers and/or stewards shall inform their immediate supervisors before leaving their work to attend pre-arranged meetings with local management.
  3. Where practicable such representatives shall report back to their supervisors before resuming their normal duties.

7.05 Provision of bulletin board space

The Employer shall provide bulletin board space at appropriate locations in the work centres for the posting of Union material by the Council and its affiliates. The posting of this material shall be subject to management approval.

7.06 Arbitration Board and Public Interest Commission

When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Council before an Arbitration Board or Public Interest Commission.

The Employer will grant leave with pay to an employee called as witness by an Arbitration Board or Public Interest Commission and when operational requirements permit, leave with pay to an employee called as a witness by the Council.

7.07 Labour conventions

Subject to operational requirements, the Employer will grant leave without pay to a reasonable number of employees to attend conventions of labour bodies to which the Union is affiliated.

**

7.08 Contract negotiation meetings

The Employer will grant leave without pay to an employee for the purpose of attending contract negotiation meetings on behalf of the Council.

**

7.09 Preparatory contract negotiation meetings

When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiation meetings.

**

7.10 Employee representatives’ training courses

Where operational requirements permit, the Employer will grant leave without pay to employees appointed as Employee Representatives by the Council to undertake training sponsored by the Council related to the duties of an Employee Representative.

Where operational requirements permit, the Employer will grant leave with pay to employees appointed as Employee Representatives by the Council to attend training sessions concerning Employer-employee relations sponsored by the Employer.

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Article 8: Council security

8.01 The Employer shall as a condition of employment, deduct monthly an amount equivalent to regular membership dues, in a fixed amount, established by each of the Council affiliates according to each of their constitutional provisions, exclusive of any separate deduction for initiation fees, pension deductions, special assessments or arrears which may exist on the date this agreement comes into effect, from the pay of all employees of the bargaining unit.

8.02 The Council shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 8.01.

8.03 For the purpose of applying clause 8.01, deductions from pay for each employee in respect of each month will start with the first full calendar month of employment to the extent that earnings are available. When an employee does not have sufficient earnings in respect of any calendar month to permit deductions, the Employer shall not be obligated to make such deductions from subsequent salary.

8.04 As soon as practicable after the signing of this agreement, the Employer will provide the Council with an up-to-date list of all employees in the Ship Repair bargaining unit and will provide appropriate lists semi-annually (April 1 and October 1) of all employees who have been assigned to or have left the bargaining unit during the period.

8.05 An employee who satisfies the Council as to the bona fides of his or her claim and declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved. The Council will inform the Employer accordingly.

8.06 From the date of signing and for the duration of this agreement, no employee organization, as defined in section 2 of the Public Service Labour Relations Act, other than the Council, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

8.07 The amounts deducted in accordance with clause 8.01 shall be remitted by cheques to the person designated by the Council within fifteen (15) working days of the date on which the deduction is made. The cheques shall be made payable to each Council affiliate and shall be accompanied by particulars identifying, by Council affiliate, each employee alphabetically and the deductions made on the employee’s behalf.

8.08 The Council agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this article except for any claim or liability arising out of an error committed by the Employer limited to the amount actually involved in the error.

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**Article 9: leave, general

9.01 The amount of leave with pay credited to an employee by the Employer at the time this agreement becomes effective, or at the time the employee becomes subject to this agreement, shall be retained by the employee.

9.02 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to the employee.

9.03 An employee shall not earn leave credits under this collective agreement in any month for which leave has already been credited to the employee under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.

9.04 An employee is not entitled to leave with pay during periods the employee is on leave without pay or under suspension.

9.05 An employee shall not be granted two (2) different types of leave with pay with respect to the same time.

**

9.06 Except as otherwise specified in this agreement, where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, 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. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

9.07 Leave credits will be earned on a basis of a day being equal to eight (8) hours.

9.08 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for bereavement leave with pay where a day is a calendar day.

9.09

  1. When an employee becomes subject to this agreement, the employee’s earned daily leave credits shall be converted into hours on the basis of one (1) day being equal to eight (8) hours.
  2. When an employee ceases to be subject to this agreement, the employee’s earned hourly leave credits shall be converted into days on the basis of eight (8) hours being equal to one day.
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**Article 10: vacation leave with pay

10.01 Vacation year

The vacation year shall be from April 1 to March 31 of the following year, inclusively.

10.02 Accumulation of vacation leave credits

An employee shall earn, during the vacation year, vacation leave credits at the following rates for each calendar month during which the employee receives at least ten (10) days’ pay:

  1. six (6) hours and forty (40) minutes per month until the month (for an annual total of 10 days) in which the anniversary of the employee’s first (1st) year of service occurs;
    or
  2. ten (10) hours per month (for an annual total of 15 days) commencing with the month in which the employee’s first (1st) anniversary of service occurs;
    or
  3. thirteen (13) hours and twenty (20) minutes per month (for an annual total of 20 days) commencing with the month in which the employee’s eight (8th) anniversary of service occurs;
    or
  4. fourteen (14) hours and forty (40) minutes per month (for an annual total of 22 days) commencing with the month in which the employee’s fifteenth (15th) anniversary of service occurs;
    or
  5. fifteen (15) hours and twenty (20) minutes per month (for an annual total of 23 days) commencing with the month in which the employee’s seventeenth (17th) anniversary of service occurs;
    or
  6. sixteen (16) hours and forty (40) minutes per month (for an annual total of 25 days) commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;
    or
  7. eighteen (18) hours per month (for an annual total of 27 days) commencing with the month in which the employee’s twenty-fifth (25th) anniversary of service occurs;
    or
  8. twenty (20) hours per month (for an annual total of 30 days) commencing with the month in which the employee’s twenty-eighth (28th) anniversary of service occurs.
  9. For the purpose of clause 10.02 only, all service within the public service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the public service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the public service within one year following the date of lay-off. For greater certainty, severance payments taken under Article 15.09 to 15.12 of Appendix C, or similar provisions in other collective agreements, do not reduce the calculation of service for persons who have not yet left the public service.
  10. For the purpose of clause 10.02 only, effective April 1, 2012, on a go-forward basis, any former service in the Canadian Forces for a continuous period of six (6) months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall also be included in the calculation of vacation leave credits.

10.03 Employees shall be credited a one-time entitlement of twenty-four (24) hours of vacation leave with pay on the first day of the month following the anniversary of the employee’s first year of service.

10.04 Entitlement to vacation leave with pay

An employee is entitled to vacation leave with pay to the extent of the employee’s earned credits, but an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the vacation year.

10.05 Scheduling of vacation leave with pay

Subject to clauses 10.06 and 10.07, employees shall, subject to work requirements, normally take all their vacation leave during the vacation year in which it is earned.

  1. To ensure vacation leave is planned and scheduled to optimum benefit, the following action will be taken:
    1. By the 1st of May of each vacation year, each employee will submit their preferences for the major portion of their vacation leave to their immediate supervisor;
    2. By the 15th of May, the immediate supervisor(s), subject to work requirements and in consideration of known vacation leave preferences, will schedule and post approved leave;
    3. Subject to clause 10.09, Carry-over excess, by January 1 of each year, where the employee fails to indicate his/her intention to take vacation leave, management shall schedule such leave.
  2. Where conflicts arise, vacation leave will be scheduled considering operational requirements, seniority (based on continuous service), and the leave application dates.

10.06 Vacation periods will be scheduled at a time convenient to the employee, subject to work requirements.

10.07 Subject to this article, at least two (2) consecutive weeks’ vacation shall be granted unless otherwise mutually agreed.

10.08 Carry-over of total accumulated vacation leave for ten (10) days or less

Because of either the employee’s personal circumstances or work requirements, it is recognized that all planned vacation may not be used. Therefore, carry-over of total vacation leave up to and including ten (10) accumulated days will be approved.

10.09 Carry-over of total accumulated vacation leave in excess of ten (10) days

By January 1 of each year, requests to carry over vacation leave in excess of ten (10) total accumulated days, for special circumstances, must be submitted in writing, by the employee stating the reasons and approximate proposed vacation dates to the immediate supervisor. Such requests will be considered by Senior Management. Reasons for carry-over of vacation leave in excess of ten (10) days shall include but are not necessarily limited to the following:

  1. planned vacations requiring extensive periods;
  2. period to build a house;
    and
  3. extensive periods for special events or circumstances requiring the employee’s attendance or participation.

10.10 Use and carry-over of vacation leave

  1. an employee who has accumulated vacation leave is required to use, in addition to his/her annual vacation leave, twenty (20) days each year until all previously accumulated vacation leave is used;
  2. carry-over of such vacation leave will be allowed under the following circumstances:
    1. an employee, subject to work requirements, was not permitted to take vacation leave,
      and
    2. the total amount of previously accumulated vacation leave is large and cannot be used within one (1) year.

10.11 Cancellation of vacation leave with pay

When the Employer cancels or alters a period of vacation leave with pay which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee will make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.

10.12

  1. Where, in respect of any period of vacation leave, an employee is granted bereavement leave, the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.
  2. Where, in respect of any period of vacation leave, an employee requests:
    1. leave with pay because of illness in the immediate family,
      or
    2. sick leave,

    the employer, at its discretion, may grant the leave requested and the period of vacation leave so displaced shall either be added to the vacation period if requested by the employee and approved by the employer, or reinstated for use at a later date.

10.13 Leave when employment terminates

When an employee dies or otherwise ceases to be employed, the employee or the employee’s estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation with pay to the employee’s credit by the daily rate of pay to which the employee is entitled by virtue of the certificate of appointment in effect at the time of the termination of the employee’s employment.

10.14 In the event of termination of employment for reasons other than death, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation leave taken by the employee, calculated on the basis of the daily rate of pay to which the employee is entitled by virtue of the certificate of appointment in effect at the time of the termination of the employee’s employment.

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Article 11: designated paid holidays

11.01 Subject to clause 11.02, the following days shall be designated paid holidays:

  1. New Year’s Day,
  2. Good Friday,
  3. Easter Monday,
  4. the day fixed by proclamation of the Governor-in-Council for celebration of the Sovereign’s birthday,
  5. Canada Day,
  6. Labour Day,
  7. the day fixed by proclamation of the Governor-in-Council as a general day of Thanksgiving,
  8. Remembrance Day,
  9. Christmas Day,
  10. Boxing Day,
  11. one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, the first Monday in August,
    and
  12. one additional day when proclaimed by an act of Parliament as a national holiday.

11.02

  1. Clause 11.01 applies only to an employee who is entitled to pay for at least ten (10) days during the thirty (30) calendar days immediately preceding the holiday.
  2. For greater certainty, employees who do not work on a Designated Paid Holiday are entitled to eight (8) hours pay at the straight-time rate for the Designated Paid Holiday.

11.03 Holiday falling on a day of rest

When a day designated as a holiday under clause 11.01 coincides with an employee’s day of rest, the holiday shall be moved to the employee’s next scheduled working day or to the second scheduled workday if the employee would otherwise lose credit for the holiday.

11.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 11.03,

  1. work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest,
    and
  2. work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

11.05 Compensation for work on a holiday

Where an employee works on a holiday the employee shall be paid at the following rates:

  1. holiday pay plus double time for the first eight (8) hours of work,
  2. triple time for hours worked in excess of eight (8) hours.

11.06 Holiday coinciding with a day of paid leave

Where a day that is a designated holiday for an employee falls within a period of leave with pay, the holiday shall not count as a day of leave.

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Article 12: sick leave with pay

12.01 Credits

An employee shall earn sick leave credits at the rate of ten (10) hours for each calendar month for which the employee is entitled to pay for at least eighty (80) hours.

12.02 Granting of sick leave with pay

An employee is eligible for sick leave with pay when the employee is unable to perform his/her duties because of illness or injury provided that:

  1. the employee satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer,
    and
  2. the employee has the necessary sick leave credits.

12.03 Unless otherwise informed by the Employer, a statement signed by the employee describing the nature of his/her illness or injury and stating that because of his/her illness or injury the employee was unable to perform his/her duties shall, when delivered to the Employer, be considered as meeting the requirements of clause 12.02(a).

12.04 An employee is not eligible for sick leave with pay during any period in which the employee is on leave without pay or under suspension.

12.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 12.02, sick leave with pay may, at the discretion of the Employer, be granted

  1. for a period of up to two-hundred (200) hours if the employee is awaiting a decision on an application for injury-on-duty leave,
    or
  2. for a period of up to one hundred and twenty (120) hours if the employee has not submitted an application for injury-on-duty leave,

subject to the deduction of such advanced leave from any sick leave subsequently earned and, in the event of termination of employment for reasons other than death, the recovery of the advance from any monies owed the employee.

12.06 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered, for the purpose of the record of sick leave credits, that the employee was not granted sick leave with pay.

12.07 Sick Leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated by reason of layoff and who is reappointed in the public service within two (2) years from the date of layoff.

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**Article 13: other types of leave with or without pay

13.01 In respect of any requests for leave under this article, the employee may be required by the Employer to provide satisfactory validation of the circumstances necessitating such requests.

**

13.02 Bereavement leave with pay

For the purpose of this article, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, step-brother, step-sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild or ward of the employee, foster child, grandchild, grandparent, father-in-law, mother-in-law, daughter-in-law, son-in-law, and relative permanently residing in the employee’s household or with whom the employee permanently resides.

  1. Where a member of the employee’s immediate family dies, an employee shall be entitled to bereavement leave with pay for a single period of not more than seven (7) consecutive calendar days. Such bereavement period, as determined by the employee, must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death. In addition, the employee may be granted up to three (3) days’ bereavement leave with pay for the purpose of travel.
  2. At the request of the employee, such bereavement leave with pay may be taken in a single period or may be taken in two (2) periods.
  3. When requested to be taken in two (2) periods:
    1. The first period must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death,
      and
    2. The second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony.
    3. The employee may be granted no more than three (3) days’ leave with pay, in total, for the purposes of travel for these two (2) periods.
  4. An employee is entitled to bereavement leave with pay, up to a maximum of one (1) day, in the event of the death of the employee’s, brother-in-law, sister-in-law or grandparent of spouse.
  5. It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Commanding Officer may, after considering the particular circumstances involved, grant bereavement leave with pay in a manner other than specified in clauses 13.02(a) and 13.02(d) provided that the combined period of bereavement leave with pay does not exceed the amounts specified in clause 13.02(a) or 13.02(d).
  6. Where, in respect of any period of paid leave, circumstances arise which necessitate bereavement leave in accordance with clause 13.02, the leave taken shall be substituted for the paid leave.

13.03 Court leave with pay

The Employer shall grant leave with pay to an employee, other than an employee on leave without pay or under suspension, for the period of time the employee’s presence is required during the employee’s scheduled hours of work:

  1. to serve on a jury;
    or
  2. by subpoena or summons to attend as a witness in any proceedings, except one to which an employee is party, held:
    1. in or under the authority of a court of justice,
    2. before a court, judge, justice magistrate or coroner,
    3. before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of the employee’s position,
    4. before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it,
      or
    5. before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.
  3. to appear on his/her own behalf or, when operational requirements permit, as a witness, before an adjudicator appointed by the Public Service Labour Relations and Employment Board.

13.04 Injury-on-duty leave with pay

An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where a claim has been made pursuant to the Government Employees’ Compensation Act, and a Worker’s Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

  1. personal injury accidentally received in the performance of the employee’s duties and not caused by the employee’s wilful misconduct,
    or
  2. an industrial illness or a disease arising out of and in the course of the employee’s employment.

If the employee agrees to remit to the Receiver General for Canada any amount received by him/her in compensation for loss of pay resulting from or in respect of such injury or illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee’s agent has paid the premium.

13.05 Personnel selection leave with pay

Where an employee participates in a personnel selection process, including appeal process for a position in the public service, as defined in the Public Service Labour Relations Act, the employee is entitled to leave of absence with pay for the period during which the employee’s presence is required for purposes of the selection process, including appeal process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where his/her presence is so required. This clause applies equally in respect of the personnel selection process related to deployment.

13.06 Maternity leave without pay

  1. An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.
  2. Notwithstanding paragraph (a):
    1. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
      or
    2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized,

    the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.

  3. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
  4. The Employer may require an employee to submit a medical certificate certifying pregnancy.
  5. An employee who has not commenced maternity leave without pay may elect to:
    1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
    2. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 12: sick leave with pay. For purposes of this subparagraph, the terms “illness” or “injury” used in Article 12: sick leave with pay, shall include medical disability related to pregnancy.
  6. An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.
  7. Leave granted under this clause shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

**

13.07 Maternity allowance

  1. An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:
    1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
    2. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
    3. has signed an agreement with the Employer stating that:
      1. she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
      2. following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of the maternity allowance;
      3. should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:

        Allowance received multiplied by the remaining period to be worked following her return to work and divided by the total period to be worked as specified in (B).

        however, an employee whose specified period of employment expired and who is rehired in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

  2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

**

  1. Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an employee is subject to a waiting period before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period,
      and
    2. for each week that the employee receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period.
    3. Where an employee has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one (1) week, ninety three per cent (93%) of her weekly rate of pay, less any other monies earned during this period.
  2. At the employee’s request, the payment referred to in subparagraph 13.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance Plan maternity benefits.
  3. The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.
  4. The weekly rate of pay referred to in paragraph (c) shall be:
    1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,
    2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
  5. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.
  6. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.
  7. Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly.
  8. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.

13.08 Special maternity allowance for totally disabled employees

  1. An employee who:
    1. fails to satisfy the eligibility requirement specified in subparagraph 13.07(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits,
      and
    2. has satisfied all of the other eligibility criteria specified in paragraph 13.06(a), other than those specified in sections (A) and (B) of subparagraph 13.07(a)(iii),

    shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

  2. An employee shall be paid an allowance under this clause and under clause 13.07 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance or Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance Plan maternity benefits for the reasons described in subparagraph (a)(i).

13.09 Parental leave without pay

  1. Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee’s care.
  2. Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child comes into the employee’s care.
  3. Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (b) above may be taken in two periods.
  4. Notwithstanding paragraphs (a) and (b):
    1. where the employee’s child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,
      or
    2. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,

    the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee’s care.

  5. An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the commencement date of such leave.
  6. The Employer may:
    1. defer the commencement of parental leave without pay at the request of the employee;
    2. grant the employee parental leave without pay with less than four (4) weeks’ notice;
    3. require an employee to submit a birth certificate or proof of adoption of the child.
  7. Leave granted under this clause shall count for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

**

13.10 Parental allowance

  1. An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
    1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
    2. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
    3. has signed an agreement with the Employer stating that:
      1. the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
      2. Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 13.07(a)(iii)(B), if applicable;
      3. should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:

        Allowance received multiplied by the remaining period to be worked following his or her return to work and divided by the total period to be worked as specified in (B).

        however, an employee whose specified period of employment expired and who is rehired in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

  2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

**

  1. Parental allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an employee is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
    2. for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefit to which he or she would have been eligible if no extra monies had been earned during this period;
    3. where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
    4. Where an employee has received the full thirty-five (35) weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, he/she is eligible to receive a further parental allowance for a period of one (1) week, ninety three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 13.07 c) iii) for the same child.
  2. At the employee’s request, the payment referred to in subparagraph 13.10(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance Plan benefits.
  3. The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.
  4. The weekly rate of pay referred to in paragraph (c) shall be:
    1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
    2. for an employee who has been employed on a part-time or on a combined full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee’s straight time earnings by the straight time earnings the employee would have earned working full time during such period.
  5. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
  6. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is 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.
  7. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.
  8. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.
  9. The maximum combined, shared maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.

13.11 Special parental allowance for totally disabled employees

  1. An employee who:
    1. fails to satisfy the eligibility requirement specified in subparagraph 13.10(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance or Québec Parental Insurance Plan benefits,
      and
    2. has satisfied all of the other eligibility criteria specified in paragraph 13.10(a), other than those specified in sections (A) and (B) of subparagraph 13.10(a)(iii),shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee’s rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
  2. An employee shall be paid an allowance under this clause and under clause 13.09 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph (a)(i).

**

13.12 Leave without pay for the care of immediate family

Both parties recognize the importance of access to leave for the purpose of care for the immediate family.

  1. For the purpose of this article, family is defined as spouse (or common-law partner), children (including foster children or children of legal or common-law partner), parents (including step parents or foster parents), the employee’s grandparents or any relative permanently residing in the employee’s household or with whom the employee permanently resides.
  2. Subject to clause 13.12(a) and operational requirements, an employee shall be granted leave without pay for the Care of Immediate Family in accordance with the following conditions:
    1. an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given;
    2. leave granted under this clause shall be for a minimum period of three (3) weeks;
    3. the total leave granted under this article shall not exceed five (5) years during an employee’s total period of employment in the public service;
    4. leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery;
    5. notwithstanding subparagraph 13.12(b)(ii) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt of or awaiting these benefits;
    6. leave granted under this clause may exceed the five (5) year maximum provided in paragraph (c) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.
  3. An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.
  4. All leave granted under leave without pay for the long-term care of a parent or under leave without pay for the care and nurturing of pre-school age children will not count towards the calculation of the maximum amount of time allowed for care of immediate family during an employee’s total period of employment in the public service.

Transitional provisions

These transitional provisions are applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this agreement.

  1. An employee who, on the date of signature of this agreement, is on leave without pay for the care and nurturing of pre-school age children under the terms of a previous agreement continues on that leave for the approved duration or until the employee’s return to work, if the employee returns to work before the end of the approved leave.
  2. An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on leave without pay for the care and nurturing of pre-school age children under the terms of another agreement, continues on that leave for the approved duration or until the employee’s return to work before the end of the approved leave.

**

13.13 Leave without pay for personal needs

Leave without pay will be granted for personal needs, in the following manner:

  1. subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs;
  2. subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs;
  3. an employee is entitled to leave without pay for personal needs only once under each of (a) and (b) of this clause during the employee’s total period of employment in the public service. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer;
  4. leave without pay granted under (a) of this clause shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave for the employee involved;
  5. leave without pay granted under (b) of this clause shall be deducted from the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave for the employee involved.

13.14 Leave without pay for relocation of spouse

  1. At the request of an employee, leave without pay for a period up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.
  2. Leave without pay granted under this clause shall be deducted from the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave for the employee involved except where the period of such leave is less than three (3) months.

**

13.15 Leave with pay for family-related responsibilities

  1. For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee), children (including step-children, children of legal or common-law partner), foster child and ward of the employee, parents (including step-parents or foster parents), father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandchildren, grandparents of the employee, any relative residing in the employee’s household or with whom the employee permanently resides or any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee.
  2. Leave with pay shall be granted under the following circumstances:
    1. an employee requesting leave under this provision must make every reasonable effort to schedule the appointment to minimize or preclude time away from work, and must notify his/her supervisor of the appointment as far in advance as possible. When alternate arrangements are not possible an employee shall be granted leave to take a family member as defined in (a) above, for a medical or dental appointment when the family member is incapable of attending the appointment by himself/herself, or for appointments with appropriate authorities in schools or adoption agencies;
    2. leave with pay to provide for the immediate and temporary care of a sick member of the employee’s family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
    3. leave with pay for needs directly related to the birth or to the adoption of the employee’s child;
    4. an employee shall be granted leave to take children, including children of legal or common-law partner, or any relative under the age of nineteen (19) residing with the employee and for whom the employee is legally responsible, for appointments with authorities in social agencies or juvenile courts;
    5. to provide for the immediate and temporary care of an elderly member of the employee’s family as defined in 13.15(a);
    6. to attend school functions, if the supervisor was notified of the functions as far in advance as possible;
    7. to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility;
    8. eight (8) hours out of the forty (40) hours stipulated in paragraph (c) below may be used to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.
  3. The total leave with pay which may be granted under this clause shall not exceed forty (40) hours in a fiscal year.

**Effective on of the year following the signing of the collective agreement, clause 13.16, Volunteer leave, is deleted from the collective agreement.

13.16 Volunteer leave

  1. Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to eight (8) hours, or two periods of up to four (4) hours each, of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;
  2. The leave will be scheduled at times convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

13.17 Personal leave

  1. Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to eight (8) hours, or two periods of up to four (4) hours each, of leave with pay for reasons of a personal nature.
  2. The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

**Effective on of the year following the signing of the collective agreement, clause 13.17 is amended with the following:

13.17 Personal leave

  1. Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, sixteen (16) hours of leave with pay for reasons of a personal nature. This leave can be taken in periods of eight (8) hours or four (4) hours each.
  2. The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

13.18 Leave with or without pay for other reasons

  1. At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this agreement.
  2. At its discretion, the Employer may grant leave with pay when circumstances not directly attributable to the employee prevent his/her reporting for work, including civil defence exercises and emergencies affecting the community or place of work. Such leave shall not be unreasonably withheld.
  3. Reasons for requesting leave without pay for personal reasons, other than those specified in this agreement, will not be required of the employee unless the request is excessive or the granting of such leave would interfere with urgent work commitments. Permission to take such leave will not be unreasonably withheld. Where a dispute occurs, the matter may be referred directly to the appropriate level of management.
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Article 14: education leave without pay, career development leave with pay and examination leave with pay

Education leave without pay

14.01 The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee’s present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.

14.02 At the Employer’s discretion, an employee on education leave without pay under this article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of the employee’s annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

14.03 Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

14.04 As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee:

  1. fails to complete the course;
  2. does not resume employment with the Employer on completion of the course;
    or
  3. ceases to be employed, except by reason of death or lay-off, before termination of the period he or she has undertaken to serve after completion of the course; the employee shall repay the Employer all allowances paid to him or her under this article during the education leave or such lesser sum as shall be determined by the Employer.

14.05 Career development leave with pay

  1. Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to the individual in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:
    1. a course given by the Employer;
    2. a course offered by a recognized academic institution;
    3. a seminar, convention or study session in a specialized field directly related to the employee’s work.
  2. Upon written application by the employee, and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in subclause 14.05(a) above. The employee shall receive no compensation under Article 16: days of rest, hours of work and overtime, and Article 18: travelling, of this collective agreement during time spent on career development leave provided for in this clause.
  3. Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

14.06 Examination leave with pay

At the Employer’s discretion, examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee’s scheduled hours of work. Such leave will only be granted where, in the opinion of the Employer, the course of study is directly related to the employee’s duties or will improve his or her qualifications.

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**Article 15: severance pay

15.01 For the purpose of this article, the terms:

  1. “Employer” includes any organization, service with which is included in the calculation of “continuous employment”;
  2. “weekly rate of pay” means the employee’s hourly rate of pay as set out in Appendix “A” multiplied by forty (40) applying to the employee’s classification, as shown in the instrument of appointment.

15.02 Lay-off

An employee who has one (1) year or more of continuous employment and who is laid off, shall be paid severance pay based on completed years of continuous employment less any period within the period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer. It shall be calculated at the rate of two (2) weeks’ pay for the first year of continuous employment, or three (3) weeks’ pay for employees with ten (10) or more and less than twenty (20) years continuous employment, or four weeks’ pay for employees with twenty or more years of continuous employment, plus one (1) week’s pay for each succeeding completed year of continuous employment on the first lay off and one (1) week’s pay for each completed year of continuous employment on a subsequent lay off. 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).

15.03 Death

Regardless of any other payment to an employee’s estate, if the employee dies there shall be paid to the estate, severance pay calculated by multiplying the employee’s weekly rate of pay at the time of death by the number of completed years 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, less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

15.04 Termination for cause for reasons of incapacity

When an employee ceases to be employed by reason of termination for cause for reason of incapacity pursuant to paragraph 12(1)(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.

15.05 Rejection on probation

An employee with two (2) or more years of continuous employment who ceases to be employed for reasons of rejection during the employee’s probationary period immediately following a second or subsequent appointment shall be paid severance pay calculated by multiplying the employee’s weekly rate of pay on rejection during probation by the number of completed years of continuous employment to a maximum of twenty-seven (27) years less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

**

15.06 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 severance pay, retiring leave or a cash gratuity in lieu of retiring leave. Under no circumstances shall the maximum severance pay provided under clauses 15.01 to 15.07 and 15.09 under Appendix C be pyramided.

**

For greater certainty, payments in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) made pursuant to 15.09 to 15.12 under Appendix C or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.

**

15.07 Employees who were subject to the payment in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) and who opted to defer their payment, the former provisions outlining the payment in lieu are found at Appendix C.

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**Article 16: hours of work and overtime

16.01 Hours of work

  1. The hours of work shall be forty (40) hours per week and eight (8) hours per day.
  2. The workweek and workdays shall be from Monday to Friday inclusive.
  3. The first and second days of rest shall be Saturday and Sunday respectively.

16.02 The hours of work shall be scheduled as follows:

  1. the first (night) shift shall be from 0000 hour to 0800 hours with an unpaid meal period from 0400 hours to 0430 hours;
  2. the second (day) shift shall be from 0800 hours to 1630 hours with an unpaid meal period from 1200 hours to 1230 hours;
  3. the third (evening) shift shall be from 1600 hours to 2400 hours with an unpaid meal period from 2000 hours to 2030 hours.

16.03 Notwithstanding the provisions of clause 16.02, the Council recognizes the requirement for certain employees to regularly report for work and to cease work at different hours than those established in clause 16.02, and the Employer agrees to discuss with the Council such changes in working hours before implementing them.

16.04 The hours of work described in clauses 16.01 and 16.02 shall not be construed as a guarantee of a minimum or of a maximum hours of work.

16.05 An employee who is transferred from one shift to another within eight (8) hours or less from the completion of the employee’s previous shift shall be subject to the application of clause 16.09 for all hours worked on that first shift of the new schedule.

16.06 Notwithstanding the provisions of clause 16.02:

  1. an employee who works on the first or third shift:
    1. on three (3) or more consecutive workdays within a workweek,
      or
    2. on the first or on the first and second workdays in a workweek following a full workweek on the first or third shift,
      or
    3. on the last, or on the last and next to last workdays in a workweek preceding a full workweek on the first or third shift,

    shall receive a shift premium as specified in clause 25.01.

  2. An employee who works on the first or third shift, other than as described in 16.06(a) shall be paid at double (2) time rate for each hour so worked and no shift premium shall be paid.
  3. Notwithstanding 16.06(a), there may be occasions when it is mutually beneficial for employees to return to work before 16.06(a)(i), (ii) or (iii) have been satisfied. When an agreement is reached, the agreement shall be co-signed by the Council and local management. There will be no entitlement to further compensation as per Article 16.06(b) above.

16.07 The Employer endeavours to schedule shift work only when necessary.

16.08 Overtime

The Employer will make every reasonable effort:

  1. to distribute overtime fairly among available qualified employees;
  2. to give at least four (4) hours’ advance notice to employees who are required to work overtime;
  3. to keep overtime to a minimum.

16.09 Overtime compensation

Subject to clause 16.11, overtime shall be compensated at the following rates:

  1. double (2) time for each hour of overtime worked after having worked the scheduled hours of work to a maximum of sixteen (16) hours on a regular workday Monday to Friday inclusive and for all hours worked on a day of rest up to a maximum of sixteen (16) hours;
  2. triple (3) time for each hour of overtime worked after sixteen (16) hours’ work in any twenty-four (24) hour period, and for all hours worked by an employee who is recalled to work before the expiration of the ten (10) hour rest period referred to in clause 16.10.

16.10 An employee who works for a period of more than fifteen (15) hours in a twenty-four (24) hour period shall report on his/her next regular scheduled shift when a period of ten (10) hours has elapsed from the end of the previous working period. If, in the application of this clause, an employee works less than his/her next full shift, the employee shall, nevertheless, receive eight (8) hours’ regular pay.

16.11 An employee is entitled to overtime compensation for each completed six (6) minute period of overtime worked by him/her.

16.12 When management requires an employee to work through the employee’s regular meal period during the employee’s regularly scheduled shift, as specified in clause 16.02, the employee shall be paid at the applicable overtime rate for the period worked therein, and the employee shall be given time off with pay to eat within one hour of the regular meal period.

16.13

  1. Notwithstanding the provisions of clauses 16.09, 16.10 and 18.03 an employee may request, in lieu of overtime payment, compensatory leave with pay. Approval of the Employer shall not be unreasonably withheld.
  2. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
  3. Compensatory leave resulting from overtime worked during the fiscal year (April 1 to March 31), shall be used by the employee by September 30 of the following fiscal year, otherwise the compensatory leave will be paid based on the employee’s hourly rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment in the employee’s substantive position on September 30.
  4. At the request of the employee, and with the approval of the employer, accumulated compensatory leave may be paid out, in whole or in part, once per fiscal year, at the rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment in the employee’s substantive position on date of the request.

16.14 Rest periods

The Employer shall schedule two (2) rest periods of ten (10) minutes each during each full shift. Rest periods are to be taken such that any travel time involved is to be inclusive of the ten (10) minute period.

The Employer agrees, where operational requirements permit, to continue the present practice of providing rest periods during scheduled overtime on days of rest and designated paid holidays.

**

16.15 Overtime meal allowance

  1. A meal allowance of twelve dollars ($12.00) will be paid:
    1. to an employee who is required to work overtime and provided the employee works for three (3) hours, commencing not more than one (1) hour following the employee’s normal quitting time and for each subsequent four (4) hour period of overtime worked;
    2. to an employee who is required to work at least three (3) hours immediately preceding the employee’s normal starting time;
      and
    3. to an employee who has been recalled to work as provided in clause 19.01 for each four (4) hour period of overtime worked.
  2. Except as provided in clause 16.15(a)(iii), an employee who works overtime on days of rest or holidays is not entitled to a meal allowance for the first eight (8) hours worked. A meal allowance of twelve dollars ($12.00) will be paid for each subsequent four (4) hour period of overtime worked.
  3. The provisions of clauses 16.15(a) and (b) will not apply to employees assigned to sea trials where meals are provided without charge to the employees during periods described in clauses 16.15(a) and (b).

**

16.16

  1. If an employee is given instructions before the midpoint of the employee’s workday 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.
  2. If an employee is given instructions after the midpoint of the employee’s workday 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.
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Article 17: wash-up time

17.01 A schedule shall be arranged by management to allow employees time to put away tools and wash up before meal periods and before the end of each shift. Periods of five (5) minutes will be allowed for employees working at their regular work centers and longer periods will be scheduled as necessary when employees are assigned to other locations.

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Article 18: travelling

18.01 No employee shall be required by the Employer to use his/her own car for government business.

18.02

  1. Where an employee is required by the Employer to work at a point outside the employee’s headquarters area, the employee shall be reimbursed for reasonable expenses as defined by the Employer.
  2. When an employee is required by the Employer to travel to points within the headquarters area, the employee shall be paid the kilometric rate or transportation expenses at the rate paid by the Employer.
  3. When an employee travels through more than one (1) time zone computation will be made as if he had remained in the time zone of the point of origin for continuous travel and in the time zone of each point of overnight stay after the first day of travel.

18.03 Where an employee is required by the Employer to travel to a point away from the employee’s normal place of work, the employee shall be compensated as follows:

  1. on any day on which the employee travels but does not work, at the applicable straight-time or overtime rate for the hours travelled, but the total amount shall not exceed fifteen (15) hours’ straight time;
  2. on a normal workday in which the employee travels and works:
    1. during the employee’s regular scheduled hours of work at the straight-time rate not exceeding eight (8) hours’ pay,
    2. at the applicable overtime rate for all time worked outside the employee’s regular scheduled hours of work,
    3. at the applicable overtime rate for all travel outside the employee’s regular scheduled hours of work to a maximum of fifteen (15) hours’ pay at straight time in any twenty-four (24) hour period;
  3. on a rest day on which the employee travels and works, at the applicable overtime rate:
    1. for travel time, in an amount not exceeding fifteen (15) hours’ straight-time pay,
      and
    2. for all time worked;
  4. notwithstanding the limitations stated in clause 18.03(a), (b) and (c), where an employee travels on duty, but does not work, for more than four (4) hours between 2200 hours and 0600 hours, and no sleeping accommodation is provided, the employee shall be compensated at the applicable overtime rate for a maximum of fifteen (15) hours’ straight-time pay.

18.04 An employee will normally be given a rest period of eight (8) hours between the time the employee arrives at his/her destination and the time the employee is required to report for work.

18.05 The Employer recognizes the value of safety belts or barriers in vehicles not designed for the carrying of passengers and will endeavour to provide vehicles with such equipment for transporting employees.

18.06 When an employee dies or is injured as a result of an unscheduled flight the employee is required to undertake, the employee or the employee’s estate shall be paid compensation with respect to flying accidents in accordance with the policy in force at the time the accident occurred.

18.07

  1. An employee assigned to a military establishment when in travel status will not be required to make use of the establishment for accommodation and messing except where it is evident that to stay elsewhere would be inconsistent with good order and common sense (for example, certain training courses, no suitable commercial accommodation is convenient and available, etc.).
  2. Subject to clause 18.07(a), when an employee is required to utilize service accommodation, such accommodation shall be the equivalent where available, of good commercial accommodation.

18.08 Travel status leave

  1. An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted one (1) day off with pay. The employee shall be credited with one (1) additional day off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) nights.
  2. The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and shall accumulate as compensatory leave with pay.
  3. This leave with pay is deemed to be compensatory leave and is subject to paragraphs 16.13.

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

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Article 19: call-back pay

19.01 When an employee is called back to work overtime after he/she has left the Employer’s premises:

  1. on a designated paid holiday which is not an employee scheduled day of work,
    or
  2. on an employee’s day of rest,
    or
  3. after the employee has completed his/her work for the day, and returns to work the employee shall be paid the greater of:
    1. at the applicable overtime rate for time worked,
      or
    2. the equivalent to four (4) hours’ pay at the straight-time rate,

provided that the period worked by the employee is not contiguous to the employee’s scheduled shift and the employee was not notified of such overtime requirement prior to completing his/her last period of work.

19.02 An employee who receives a call to duty, or responds to a telephone, or data line call after completing his or her work for the day and leaving his or her place of work, or on a day of rest, or on a designated paid holiday may, at the discretion of the Employer, work at the employee’s residence or another place to which the Employer agrees, and receive compensation for time worked in accordance with the hours of work and overtime article. In such instances, employees shall not be entitled to the minimum compensation under clause 19.01(c)(ii).

19.03 Overtime earned under clause 19.01 shall be paid out except where, upon application by the employee and at the discretion of the Employer, overtime may be taken in the form of compensatory leave in accordance with clause 16.13 of Article 16: hours of work and overtime.

19.04 Other than when required by the Employer to operate a vehicle of the Employer for transportation to a work location other than the employee’s normal place of work, time spent by the employee reporting to work or returning to the employee’s residence shall not constitute time worked.

19.05 Payment under this article is not to be construed as different from or additional to overtime pay, but shall be construed as establishing minimum compensation to be paid.

19.06 When an employee is called back to work under the conditions described in clause 19.01 and is required to use transportation services other than normal public transportation services, he shall be reimbursed for reasonable expenses incurred as follows:

  1. the kilometric rate normally paid by the Employer where the employee travels by means of his own automobile;
    or
  2. out-of-pocket expenses for other means of commercial transportation.
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Article 20: grievance procedure

20.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the public service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with section 15 of the NJC by-laws.

Individual grievances

20.02 Subject to and as provided in section 208 of the Public Service Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:

  1. by the interpretation or application, in respect of the employee, of:
    1. a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment;
      or
    2. a provision of the collective agreement or an arbitral award;
      or
  2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Group grievances

20.03 Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Council may present a group grievance to the Employer on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of the collective agreement or an arbitral award.

  1. In order to present a group grievance, the Council must first obtain the written consent of each of the employees concerned.
  2. A group grievance shall not be deemed to be invalid by reason only of the fact that the consent is not in accordance with Form 19.
  3. A group grievance must relate to employees in a single portion of the Federal Public Administration.

Policy grievances

20.04 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Council or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or of an arbitral award.

  1. A policy grievance may be presented by the Council only at the final level of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Council of the name, title and address of this representative.
  2. The grievance procedure for a policy grievance by the Employer shall also be composed of a single level, with the grievance presented to an authorized representative of the Council. The Council shall inform the Employer of the name, title and address of this representative.

Grievance procedure

20.05 For the purposes of this article, a grievor is an employee or, in the case of a group or policy grievance, the Council.

20.06 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.

20.07 The parties recognize the value of informal discussion between employees and their supervisors and between the Council and the Employer to the end that problems might be resolved without recourse to a formal grievance. When notice is given that an employee or the Council, within the time limits prescribed in clause 20.15, wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

20.08 A grievor wishing to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the employee’s immediate supervisor or local officer-in-charge who shall forthwith:

  1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
    and
  2. provide the grievor with a receipt stating the date on which the grievance was received.

20.09 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

20.10 Subject to and as provided for in the Public Service Labour Relations Act, a grievor who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 20.08, except that:

  1. where there is another administrative procedure provided by or under any Act of Parliament to deal with the grievor’s specific complaint such procedure must be followed,
    and
  2. where the grievance relates to the interpretation or application of this collective agreement or an Arbitral Award, an employee is not entitled to present the grievance unless he has the approval of and is represented by the Council.

20.11 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

  1. level 1, first level of management;
  2. levels 2 and 3 in departments or agencies where such a levels are established, intermediate level(s);
  3. final level, Chief Executive or deputy head or an authorized representative.

Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either level 2 or 3.

No employer representative may hear the same grievance at more than one level in the grievance procedure.

20.12 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

20.13 This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Council.

20.14 An employee may be assisted and/or represented by the Council when presenting a grievance at any level. The Council shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

20.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 20.08, not later than the twenty-fifth (25th) day after the date on which the grievor is notified or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. The Employer may present a policy grievance in the manner prescribed in clause 20.04 not later than the twenty-fifth (25th) day after the date on which the Employer is notified orally or in writing or on which the Employer first becomes aware of the action or circumstances giving rise to the policy grievance.

20.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:

  1. where the decision or settlement is not satisfactory to the grievor, within ten (10) days after that decision or settlement has been conveyed in writing to the grievor by the Employer,
    or
  2. where the Employer has not conveyed a decision to the grievor within the time prescribed in clause 20.17, within fifteen (15) days after presentation by the grievor of the grievance at the previous level.

20.17 The Employer shall normally reply to a grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level except in the case of a policy grievance, to which the Employer shall normally respond within thirty (30) days. The Council shall normally reply to a policy grievance presented by the Employer within thirty (30) days.

20.18 Where an employee has been represented by the Council in the presentation of the employee’s grievance, the Employer will provide the appropriate representative of the Council with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee.

20.19 The decision given by the Employer at the final level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

20.20 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.

20.21 Where the provisions of clause 20.08 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present the grievance at the next higher level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form.

20.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Council representative.

20.23 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the grievor, and, where applicable, the Council.

20.24 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this agreement shall apply except that the grievance shall be presented at the final level only.

20.25 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.

20.26 Any grievor who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the grievor’s control, the grievor was unable to comply with the prescribed time limits.

20.27 Where a grievance has been presented up to and including the final level in the grievance procedure with respect to:

  1. the interpretation or application of a provision of this collective agreement or related Arbitral Award,
    or
  2. termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,
    or
  3. disciplinary action resulting in suspension or financial penalty,

and the grievance has not been dealt with to the grievor’s satisfaction, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

20.28 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of the employee of a provision of this agreement or an Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Council signifies:

  1. its approval of the reference of the grievance to adjudication,
    and
  2. its willingness to represent the employee in the adjudication proceedings.
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Article 21: safety and health

21.01 The Employer shall make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Council and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury. The Council agrees to encourage its members to observe all safety rules and to use all appropriate protective equipment and safeguards.

21.02

  1. The existing practice will be maintained of providing rain and cold weather gear and protective clothing to employees exposed to chemical or physical conditions which are out of the usual course but are directly related to the job and the Employer will make all reasonable effort to issue such clothing.
  2. Riggers will be provided with high visibility identification when signalling or hook-tending on jetty or mobile cranes.
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Article 22: technological change

22.01 Both parties recognize the overall advantages of technological improvement, as well as the effects that its introduction sometimes has on specific individuals when such changes result in loss of jobs. Therefore, both parties will encourage and promote improvements in production processes and moreover, will cooperate to find ways of reducing, and if possible eliminating, the loss of employment which may be the direct result of any major improvements. With this in view, management will notify the Council in advance of any significant change in process.

22.02 The Council shall be informed in advance of all training courses related to technological change and, except when prevented by unforeseen circumstances or short notice, the Employer agrees to display in appropriate locations notices of forthcoming job-related training courses. Management will consult with the Council when establishing training criteria for such courses.

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Article 23: agreement re-opener

23.01 This agreement may be amended by mutual consent.

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**Article 24: allowances

24.01 Dirty work

  1. The Employer agrees to continue the present practice of paying a dirty work allowance to an employee for work requiring exposure to particularly dirty or obnoxious conditions. Compensation shall be at the present rate. The dirty work allowance shall be paid for situations agreed to by the parties as being particularly dirty or obnoxious or for which an adjudicator determines as being particularly dirty or obnoxious.
  2. Consultation between the Shop Supervisor and Shop Steward will take place with a view to immediate resolution of disagreements on dirty work.
  3. Recognizing that changes in methods will introduce new situations which may qualify for compensation as outlined above, and delete old situations, local management will consult with the Council with a view to reviewing jobs for which compensation will be paid.
  4. The utilization of either clause 24.01(b) or (c) will not serve to deny an employee the right to present a grievance arising out of the application of clause 24.01(a).
  5. No allowance under this clause will be paid to an employee performing the duties of a Production Supervisor (MGT-1).

**

24.02 Height pay

An employee shall be paid a height pay allowance equal to twenty-five per cent (25%) of the employee’s basic hourly rate of pay on a pro rata basis for actual time worked:

  1. on land-based radio antenna towers of one hundred and fifty meters (150 M) or more where they may be required to work up to the full height of the tower;
  2. while suspended from a crane in a personnel basket or boatswain’s chair;
  3. more than nine meters (9 m) above the base of ship’s masts where no scaffolding is arranged;
  4. while operating a JLG from a barge or SCOW; or
  5. while operating a JLG on land with the JLG boom extended such that the base of the operator’s platform is at a height greater than nine meters (9 m) above the tire base;
  6. for repair work on jetty cranes which is at height greater than nine meters (9 m) above the crane base and no scaffolding exists;
  7. for installation work on the side of buildings, ships or structures nine meters (9 m) above the ground in CFB Esquimalt or other establishments where the method of support is by moveable platform (excluding manlifts) or boatswain’s chair or personnel basket;
  8. for erecting or removing staging on the outboard side of the fixed structure supporting the CIWS, and the forward end of the Aft CEROS on Halifax Class ships;
    and
  9. on repair work on CPF CIWS, CPF AFT, CEROS, in instances where staging is not provided and the method of support is by safety harness.

New technology in similar circumstances will be open for discussion.

24.03 Sea duties aboard surface vessels

When an employee is required to go to sea (that is beyond the harbour limits) in a vessel for the purpose of conducting trials, repairing defects, dumping ammunition, etc., the employee shall be compensated, from the time he/she reports aboard until thirty (30) minutes after reaching the harbour limits on the final return, as follows:

  1. for the first twelve (12) hours aboard or less, at the applicable rate of pay;
  2. for all hours aboard in excess of twelve (12) hours, at the applicable rate of pay for all hours worked and at the regular rate of pay for all unworked hours.

For the purpose of this clause, an employee is considered to be working if he/she is actually performing or assisting in the performance of the duties of the job or has received specific instructions to remain available for work at the specific location where the work is being performed.

24.04 Transfer at sea during sea trials

When an employee is required to proceed to a ship under trials at sea or to a ship proceeding to sea or to a ship proceeding to sea on trials, by helicopter, yardcraft or auxiliary vessel and is required to transfer from the helicopter, yardcraft or auxiliary vessel to the ship undergoing sea trials, the employee shall be paid a transfer allowance of ten dollars ($10.00). If the employee leaves the ship by similar transfer the employee shall be paid a further ten dollars ($10.00).

**

24.05 Submarine trials

  1. When an employee is required to be in a submarine during trials under the following conditions:
    1. the employee is 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;
      or
    2. Employees that are completing trials aft of 56 Bulkhead and 56 Bulkhead door and the after escape hatch are shut.

      The employee shall receive a submarine trials allowance equal to twenty-five per cent (25%) of the employee’s basic hourly rate for each completed one-half (1/2) hour the employee is required to be in a submarine.
      or

    3. the employee is in a submarine when it is beyond the harbour limits on the surface or submerged;

    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.

  2. In addition, an employee shall receive a submarine trials allowance equal to twenty-five per cent (25%) of the employee’s basic hourly rate for each completed one-half (1/2) hour the employee is required to be in a submarine during trials as per the conditions prescribed in subclause 24.05(a).

24.06 Part-time instructor allowance

When an employee other than a Leadhand, is required by management to act as a facilitator, or to instruct a course on a part-time basis, the employee shall be paid, in addition to the applicable rate of pay, the Leadhand rate for the actual time the employee is performing the duties. This shall include preparatory as well as instruction time. The scope of the Part Time Instructor requirement will be pre-determined in advance by management.

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**Article 25: shift premium

25.01 An employee who is regularly scheduled to work third (evening) or first (night) shift shall be paid a shift premium of:

  1. one-seventh (1/7) of the employee’s basic hourly rate of pay for each hour worked on third (evening) shift,
    and
  2. one-fifth (1/5) of the employee’s basic hourly rate of pay for each hour worked on the first (night) shift.
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Article 26: pay

26.01 Except as provided in this article, the terms and conditions governing the application of pay to employees are not affected by this agreement.

26.02

  1. The rates of pay set forth in Appendix “A” shall become effective on the dates specified.
  2. 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:
    1. “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 therefore;
    2. 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 group during the retroactive period;
    3. 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;
    4. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Directive on terms and Conditions of Employment, 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;
    5. no payment or no notification shall be made pursuant to paragraph 26.02(b) for one dollar ($1.00) or less.

26.03

  1. An employee is entitled to be paid for services rendered at the rate of pay specified in Appendix “A” for the classification of the position to which the employee is appointed.
  2. The Employer will on written request provide a copy of his/her work description.

26.04 Acting pay

When an employee is required by the Employer to perform substantially the duties of a higher position on an acting basis, the employee shall be paid acting pay from the date on which the employee commenced to act for the period in which the employee acts as if he/she had been appointed to that higher classification level.

26.05 When an employee is temporarily required by the Employer to perform the duties of a classification in the bargaining unit with a lower rate of pay than the employee is receiving, the employee shall continue to hold the employee’s higher classification and be paid at the rate for that classification.

The provisions of this clause shall not apply to an employee on “layoff” as defined in clause 2.01(m).

26.06 An employee who was receiving a holding rate of pay on the effective date of this agreement shall continue to receive that rate of pay until such time as there is a rate for the employee’s classification level which is equal to or higher than the employee’s holding rate. At that time, the employee will be paid the rate which is equal to or higher than the employee’s holding rate.

26.07 Payments made as a result of clause 26.04 shall not change the holding rates of pay or the holding scale of rates to which an employee is entitled.

26.08 For the information of employees the assignment of jobs to subgroups and levels shall be as described in Appendix “A”.

26.09 If, during the term of this agreement, a new classification standard is established, and new rates of pay are applied, any disagreement between the parties arising out of the new rates of pay shall be subject to negotiation.

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**Article 27: loss of personal effects

27.01 An employee who suffers loss of clothes or personal effects will be compensated in accordance with Order-in-Council PC-1991-8/1695.

**

27.02 Where an employee is assigned to duty aboard a ship and suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of a marine accident or disaster, the employee shall be reimbursed the value of those articles up to a maximum of two thousand five hundred dollars ($2,500) based on replacement cost less the usual rate of depreciation.

27.03 An employee or the employee’s estate making a claim under this article shall submit to the Employer reasonable proof of such loss, and shall submit a signed affidavit listing the individual items and values claimed.

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Article 28: tools

28.01 The Employer agrees to continue its present practice of supplying tools where it considers them necessary, and such tools shall remain the property of the Employer.

28.02 An employee who through neglect or negligence destroys or loses any of the tools issued to the employee by the Employer shall be held responsible for such damage or loss based on replacement cost less the usual rate of depreciation.

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Article 29: illegal strikes

29.01 The Public Service Labour Relations Act provides penalties for illegal strikes. A strike includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.

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Article 30: notice to amend or renew the collective agreement

30.01 Should either party, at the expiration of this agreement, desire amendments or alterations therein for its renewal, a written notice to that effect shall be served upon the other party in accordance with the provisions of the Public Service Labour Relations Act.

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Article 31: joint consultation

31.01 The Employer and the Council recognize that consultation and communication on matters of mutual interest outside the terms of the collective agreement should promote constructive and harmonious Employer-Council relations.

31.02 It is agreed that Labour-Management meetings are an appropriate forum for consultation; that a subject for discussion may be within or without the authority of either the Management or Council representatives. In these circumstances, consultation may take place for the purpose of providing information, discussing the application of policy or air problems to promote understanding, but it is expressly understood that no commitment may be made by either party on a 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.

31.03 The following matters may be regarded as appropriate subjects for joint consultation:

  1. accident prevention;
  2. productivity;
  3. sick leave;
  4. training;
  5. work area environment;
    and
  6. technological change.
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**Article 32: employee performance review and employee files

32.01 When a formal review of an employee’s performance is made, the employee concerned shall be given an opportunity to discuss and then sign the review form in question to indicate that its contents have been read and understood. A copy of the completed review form will be provided to the employee.

32.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing or within a reasonable period thereafter.

32.03 Upon written request of an employee, the personnel file of that employee may be made available once per year for the employee’s examination in the presence of an authorized representative of the Employer.

32.04 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.

**

32.05 Where an employee is required to attend a meeting on disciplinary matters the employee is entitled to have a representative of the Council attend the meeting. Where practicable, the employee shall receive a minimum of two (2) working days’ notice of such meeting.

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Article 33: harassment

33.01 The Council and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the workplace.

33.02

  1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
  2. If by reason of 33.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual consent.
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Article 34: National Joint Council agreements

34.01 agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed after , will form part of this collective agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in section 113(b) of the PSLRA.

34.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective .

34.03

The following directives, policies or regulations, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this collective agreement:

  • Bilingualism Bonus Directive
  • Commuting Assistance Directive
  • First Aid to the General Public: Allowance for Employees
  • Foreign Service Directives
  • Isolated Posts and Government Housing Directive
  • Motor Vehicle Operations Directive
  • NJC Relocation Directive
  • Occupational Health and Safety Directive
  • Pesticides Directive
  • Public Service Health Care Plan Directive
  • Travel Directive
  • Uniforms Directive
  • Workforce Adjustment Directive

34.04 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 20.01 of this collective agreement.

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Article 35: no discrimination

35.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Council, marital status or a conviction for which a pardon has been granted.

35.02

  1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
  2. If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

35.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.

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**Article 36: contracting out

36.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of employees who would otherwise become redundant because work is contracted out.

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** Article 37: duration and renewal

37.01 Unless otherwise expressly stipulated, the provisions of this collective agreement shall become effective on the date of signature of the collective agreement.

**

37.02 This collective agreement shall expire on .

**

37.03 The provisions of this collective agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date of signing.

Signed in Ottawa, this .

The Treasury Board of Canada The Federal Government Dockyard Trades and Labour Council (Esquimalt)
  • Sandra Hassan
  • Ted Leindecker
  • John Park
  • Martine Sigouin
  • Greg Enright
  • Capt(N) Stephane Lafond
  • Cdr Ryan Solomon
  • Jennifer Cruickshank
  • Syed Hassan
  • Dave Bauer
  • Ian Baxter
  • Des Rogers
  • Stan Dzbik
  • Keith Campbell
  • Kevin Walsh
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**Appendix “A”

SR(W), Ship Repair Group (All Employees Located on the West Coast)
(in dollars)

Table Legend

  • $) Effective
  • A) Effective
  • B) Effective
  • X) Effective : restructure
  • C) Effective
  • D) Effective
Pay group Sub-group and level Descriptive titles From $ A $ B $ X $ C $ D $
0 ELE-1 Trades Helper 13.92 14.09 14.27 14.70 14.88 15.07
1 ELE-2 Trades Helper 24.75 25.06 25.37 26.13 26.46 26.79
ELE-3 Marine Industrial Worker 24.75 25.06 25.37 26.13 26.46 26.79
2 ELE-4 Trades Material Support 28.72 29.08 29.44 30.32 30.70 31.08
3 SPS-5 Surface Preparation Worker 29.53 29.90 30.27 31.18 31.57 31.96
4 33.43 33.85 34.27 35.30 35.74 36.19
5 33.65 34.07 34.50 35.54 35.98 36.43
6 MAN-5 Marine System Maintenance 34.62 35.05 35.49 36.55 37.01 37.47
PRW-6 Sail Maker/Liferaft Repair 34.62 35.05 35.49 36.55 37.01 37.47
SPS-6 Painter 34.62 35.05 35.49 36.55 37.01 37.47
MDO-6 Crane and Pump Operator 34.62 35.05 35.49 36.55 37.01 37.47
MAN-7 Lagger 34.62 35.05 35.49 36.55 37.01 37.47
SPS-7 Electro-plater 34.62 35.05 35.49 36.55 37.01 37.47
MAN-7 Welder 34.62 35.05 35.49 36.55 37.01 37.47
MAN-7 Moulder/Foundry Worker 34.62 35.05 35.49 36.55 37.01 37.47
PRW-8 Rigger 34.62 35.05 35.49 36.55 37.01 37.47
PIP-8 Pipefitter 34.62 35.05 35.49 36.55 37.01 37.47
SMW-8 Sheet Metal Worker 34.62 35.05 35.49 36.55 37.01 37.47
WOW-8 Shipwright/Joiner 34.62 35.05 35.49 36.55 37.01 37.47
MAM-9 Maintenance Mechanic (Fridge) 34.62 35.05 35.49 36.55 37.01 37.47
MAM-9 Maintenance Mechanic (Oil) 34.62 35.05 35.49 36.55 37.01 37.47
MAC-9 Machinist 34.62 35.05 35.49 36.55 37.01 37.47
EME-9 Fitter Diesel 34.62 35.05 35.49 36.55 37.01 37.47
EME-9 Fitter Mechanic 34.62 35.05 35.49 36.55 37.01 37.47
EME-9 Fitter Weapons 34.62 35.05 35.49 36.55 37.01 37.47
BOB-9 Boilermaker 34.62 35.05 35.49 36.55 37.01 37.47
MAM-10 Plant Maintenance 34.62 35.05 35.49 36.55 37.01 37.47
EEW-10 Marine Electrician 34.62 35.05 35.49 36.55 37.01 37.47
EEW(R)-10 Electronics Repairman 34.62 35.05 35.49 36.55 37.01 37.47
MAN-7 Welder (HP) (1) 34.62 35.05 35.49 36.55 37.01 37.47
PIP-8 Pipefitter (HP) (2) 34.62 35.05 35.49 36.55 37.01 37.47
WOW-8/BOB-9 Loftsman/Patternmaker (3) 34.62 35.05 35.49 36.55 37.01 37.47
MAC-10 Bailey Meter (4) 34.62 35.05 35.49 36.55 37.01 37.47
MAC-11 Tool and Die 34.62 35.05 35.49 36.55 37.01 37.47
INM-11 Instrument Repairman 34.62 35.05 35.49 36.55 37.01 37.47
EEW-11 Electrical Technician (5) 34.62 35.05 35.49 36.55 37.01 37.47
EEW-11 Electronics Technician (6) 34.62 35.05 35.49 36.55 37.01 37.47
7 36.18 36.63 37.09 38.20 38.68 39.16
8 37.60 38.07 38.55 39.71 40.21 40.71
9 APC-1 Apprentices 4 years (7) 16.73 16.94 17.15 18.28 18.51 18.74
APC-2 18.87 19.11 19.35 20.62 20.88 21.14
APC-3 20.99 21.25 21.52 22.93 23.22 23.51
APC-4 23.18 23.47 23.76 25.32 25.64 25.96
APC-5 25.33 25.65 25.97 27.68 28.03 28.38
APC-6 27.46 27.80 28.15 30.00 30.38 30.76
APC-7 29.62 29.99 30.36 32.36 32.76 33.17
APC-8 31.79 32.19 32.59 34.74 35.17 35.61
APD-1 Apprentices 5 years (7) 16.73 16.94 17.15 18.28 18.51 18.74
APD-2 18.38 18.61 18.84 20.08 20.33 20.58
APD-3 20.06 20.31 20.56 21.91 22.18 22.46
APD-4 21.76 22.03 22.31 23.77 24.07 24.37
APD-5 23.42 23.71 24.01 25.58 25.90 26.22
APD-6 25.09 25.40 25.72 27.40 27.74 28.09
APD-7 26.74 27.07 27.41 29.20 29.57 29.94
APD-8 28.42 28.78 29.14 31.04 31.43 31.82
APD-9 30.12 30.50 30.88 32.89 33.30 33.72
APD-10 31.80 32.20 32.60 34.72 35.15 35.59
10 LH Lead Hand (8) 1.66 1.68 1.70 1.75 1.77 1.79
11 PLE-9 Planner Estimator/Scheduler 38.70 39.18 39.67 40.86 41.37 41.89
QCW-10 Quality Control 38.70 39.18 39.67 40.86 41.37 41.89
PLE-10 Planner Estimator/Scheduler 38.70 39.18 39.67 40.86 41.37 41.89
QCW-11 Quality Control 38.70 39.18 39.67 40.86 41.37 41.89
EEW-12 Charge Hand 38.70 39.18 39.67 40.86 41.37 41.89
12 MGT-1 Production Supervisor (9) 40.17 40.67 41.18 42.42 42.95 43.49
41.62 42.14 42.67 43.95 44.50 45.06
43.28 43.82 44.37 45.70 46.27 46.85

Pay notes

  1. This rate will be paid to a MAN-7 (Welder) upon satisfactory completion of a High-Pressure Welding Test, while remaining qualified and for the time actually spent on the following type of high-pressure welding:
    • all pipes, valves and pressure vessels subject to test pressure of 100 PSIG and above;
    • all welding on evaporator baskets.
  2. This rate will be paid to a PIP-8 (Pipefitter) upon satisfactory completion of a High-Pressure Brazing Test, while remaining qualified and for the time actually spent on the following types of brazing:
    • pipes, valves and gauges subject to test pressure of 450 PSIG and above.
  3. This rate will be paid to a qualified WOW-8 (Shipwright) or BOB-9 (Boilermaker) for the time actually spent performing the duties of a Loftsman or Patternmaker.
  4. This rate will be paid to employees in Pay Group 4 upon satisfactory completion of a Bailey Meter Technician Trade Test.
  5. This rate will be paid to an EEW-10 (Marine Electrician) upon satisfactory completion of an Electrical Technician Trade Test.
  6. This rate will be paid to an EEW-10 (R) (Electronic Repairman) upon satisfactory completion of an Electronic Technician Trade Test.

**

  1. Apprentice pay will be administered in 6-month increment periods. Apprenticeship progression will be based on a combination of satisfactory performance in a six-month period, and the required hours.

    If an apprentice is unable to meet the performance criteria resulting in a delayed increment, this increment will be implemented immediately upon successfully meeting the performance criteria. The completion date of the apprenticeship program will remain as stated in the employee’s letter of offer unless there is a requirement for make-up time to meet Industry/Departmental standards.

    Starting rates of Apprentices are 50% of the pay of pay group 6 and all other rates of the Apprentices pay group are adjusted accordingly.

  2. Lead Hand Pay is a Supervisory Differential to be paid on an hourly basis in addition to an employee’s basic hourly rate of pay when required and approved by the Employer. Lead Hand pay shall be for a minimum of one full shift.

    All hours of work performed as a Lead Hand during overtime should be paid in accordance with Article 16.09.

  3. The increment period for employees paid in these scales of rates, other than part-time employees, is twelve (12) months.
  4. The pay increment policy of the Employer shall be extended to include part-time employees whose scheduled hours of work, on an annual basis, average twenty (20) or more but less than forty (40) hours per week. The pay increment period, in months, for the employees referred to in this pay note shall be determined by the following formula:

    12 x (40 / Average Weekly Scheduled Hours)
    but where the period determined by this formula is not a multiple of three (3), it will be increased to the nearest multiple of three (3).

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**Appendix “B”

Memorandum of Agreement on Supporting Employee Wellness

This Memorandum of agreement is to give effect to the understanding reached between the Employer and the Federal Government Dockyards Trades and Labour Council (Esquimalt) regarding issues of employee wellness.

The parties agree to establish a Task Force, comprised of a Steering Committee and a Technical Committee, with a long-term focus and commitment from senior leadership of the parties.

The Task Force will develop recommendations on measures to improve employee wellness and the reintegration of employees into the workplace after periods of leave due to illness or injury.

The Steering Committee and Technical Committee will be established by . The committees will be comprised of an equal number of Employer representatives and Union representatives. The Steering Committee is responsible for determining the composition of the Technical Committee. The Steering Committee shall be co-chaired by the President of the Alliance and a representative of the Employer.

The Steering Committee shall establish the terms of reference for the Technical Committee, approve a work plan for the Technical Committee, and timelines for interim reports from the Technical Committee.

All time spent by employees in support of the Technical Committee shall be deemed to be leave with pay for Union activities. The Employer will grant leave with pay for employees engaged in these activities, including preparation and travel time.

Dates may be extended by mutual agreement of the Steering Committee members. The Technical Committee’s terms of reference may be amended from time to time by mutual consent of the Steering Committee members.

The Technical Committee will develop all agreements and documents needed to support the consideration of a wellness plan during the next round of collective bargaining. This work shall be completed by . The Technical Committee shall provide interim recommendations for review by the Steering Committee on the following matters through a series of regular meetings:

  • income replacement parameters, the treatment of accumulated sick leave credits and consequential changes to existing leave provisions within the collective agreements;
  • eligibility conditions for a new wellness plan;
  • privacy considerations;
  • internal assessment as well as approval and denial processes;
  • case management and measures to ensure the successful return of employees to the workplace after a period of leave due to illness or injury;
  • joint governance of the wellness plan;
  • options for alternative medical treatments;
  • other measures that would support an integrated approach to the management of employee wellness for federal public service employees, including but not limited to ways to reduce and eliminate threats to workplace wellness, including discrimination, harassment, workplace violence, bullying, and abuse of authority.

The Technical Committee shall respect the related work of the Mental Health Task Force and the Service Wide Occupational Health and Safety Committee in its deliberations.

The Technical Committee shall also review practices from other Canadian jurisdictions and employers that might be instructive for the public service, recognizing that not all workplaces are the same. The Service Wide Occupational Health and Safety Committee shall be consulted as required. Leading Canadian experts in the health and disability management field shall also be consulted.

Key principles

A new wellness plan shall:

  • contribute to a healthy workforce, through a holistic consideration of physical and mental health issues.
  • include case management and timely return to work protocols, based on best practices.
  • investigate integration with other public service benefit plans.
  • address a wide range of medical conditions, work situations and personal circumstances facing employees, including chronic and episodic illnesses and travel time from northern and remote communities for diagnosis and treatment (subject to the NJC Directives, such the Isolated Post and Government Housing Directive) and wait times for medical clearances to return home.
  • be contained in the collective agreements. The final level of adjudication associated with the plan will be the Public Service Labour Relations and Employment Board (PSLREB).
  • be administered internally within the Federal Public Service, rather than by third-party service provider.
  • have common terms which will apply to all employees.
  • provide for full income replacement for periods covered by the plan.
  • ensure that new measures provide at least the same income support protection as that provided by earned sick leave banks in the current regime.
  • current sick leave banks would be grand-fathered/protected and their value appropriately recognized.

If an agreement is not reached within 18 months from the establishment of the Technical Committee, or should the parties reach impasse before then, the parties agree to jointly appoint a mediator within 30 days.

If the parties are unsuccessful in reaching an agreement, after mediation, the current terms and conditions of employment related to the sick leave regime for SRW members remain unchanged.

Both parties agree to recommend these proposals to their respective principals

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**Appendix “C”

Archived Provisions for the Elimination of Severance Pay for Voluntary Separations (Resignation and Retirement)

This Appendix is to reflect the language agreed to by the Employer and The Federal Government Dockyards Trades and Labour Council (Esquimalt) for the elimination of severance pay for voluntary separations (resignation and retirement) on . These historical provisions are being reproduced to reflect the agreed language in cases of deferred payment.

Article 15: severance pay

Effective , clauses 15.03 and 15.04 are deleted from the collective agreement.

15.01 For the purpose of this article, the terms:

  1. “Employer” includes any organization, service with which is included in the calculation of “continuous employment”;
  2. “weekly rate of pay” means the employee’s hourly rate of pay as set out in Appendix “A” multiplied by forty (40) applying to the employee’s classification, as shown in the instrument of appointment.

15.02 Lay-off

An employee who has one (1) year or more of continuous employment and who is laid off, shall be paid severance pay based on completed years of continuous employment less any period within the period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer. It shall be calculated at the rate of two (2) weeks’ pay for the first year of continuous employment, or three (3) weeks’ pay for employees with ten (10) or more and less than twenty (20) years continuous employment, or four weeks’ pay for employees with twenty or more years of continuous employment, plus one (1) week’s pay for each succeeding completed year of continuous employment on the first lay off and one (1) week’s pay for each completed year of continuous employment on a subsequent lay off. 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).

15.03 Resignation

An employee who has ten (10) or more years of continuous employment on resignation shall be paid severance pay calculated by multiplying half the employee’s weekly rate of pay on resignation by the number of completed years of continuous employment to a maximum of twenty-six (26) years less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

15.04 Retirement

An employee who is entitled to an immediate annuity or an immediate annual allowance under the Public Service Superannuation Act, or an employee who has five (5) years of continuous employment and who has attained the age of fifty-five (55) years and resigns shall be paid severance pay calculated by multiplying the employee’s weekly rate of pay on termination of employment by the number of completed years of continuous employment and in the case of a partial year of continuous employment, one 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, less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

15.05 Death

Regardless of any other payment to an employee’s estate, if the employee dies there shall be paid to the estate, severance pay calculated by multiplying the employee’s weekly rate of pay at the time of death by the number of completed years 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, less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

15.06 Termination for cause for reasons of incapacity

When an employee ceases to be employed by reason of termination for cause for reason of incapacity pursuant to section 12(1)(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.

15.07 Rejection on probation

An employee with two (2) or more years of continuous employment who ceases to be employed for reasons of rejection during the employee’s probationary period immediately following a second or subsequent appointment shall be paid severance pay calculated by multiplying the employee’s weekly rate of pay on rejection during probation by the number of completed years of continuous employment to a maximum of twenty-seven (27) years less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

15.08 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 severance pay, retiring leave or a cash gratuity in lieu of retiring leave. Under no circumstances shall the maximum severance pay provided under clauses 15.01 to 15.07 and 15.09 be pyramided.

For greater certainty, payments made pursuant to 15.09 to 15.12 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.

15.09 Severance termination

  1. Subject to 15.08 above, indeterminate employees on , shall be entitled to a severance payment equal to 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.
  2. Subject to 15.08 above, term employees on , shall be entitled to a severance payment equal to one (1) week’s pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.
Terms of payment

15.10 Options

The amount to which an employee is entitled shall be paid, at the employee’s discretion, either:

  1. as a single payment at the rate of pay of the employee’s substantive position as of ,
    or
  2. as a single payment at the time of the employee’s termination of employment from the core public administration, based on the rate of pay of the employee’s substantive position at the date of termination of employment from the core public administration,
    or
  3. as a combination of (a) and (b), pursuant to 15.11(c).

15.11 Selection of option

  1. The Employer will advise the employee of his or her years of continuous employment no later than three (3) months following the official date of signing of the collective agreement.
  2. The employee shall advise the Employer of the term of payment option selected within six (6) months from the official date of signing of the collective agreement.
  3. The employee who opts for the option described in 15.10(c) must specify the number of complete weeks to be paid out pursuant to 15.10(a) and the remainder to be paid out pursuant to 15.10(b).
  4. An employee who does not make a selection under 15.11(b) will be deemed to have chosen option 15.10(b).

15.12 Appointment from a different bargaining unit

This clause applies in a situation where an employee is appointed into a position in the SR-W bargaining unit from a position outside the SR-W bargaining unit where, at the date of appointment, provisions similar to those in 15.03 and 15.04 are still in force, unless the appointment is only on an acting basis.

  1. Subject to 15.08 above, on the date an indeterminate employee becomes subject to this agreement after , he or she shall be entitled to severance payment equal to 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, based on the employee’s rate of pay of his substantive position on the day preceding the appointment.
  2. Subject to 15.08 above, on the date a term employee becomes subject to this agreement after , he or she shall be entitled to severance payment payable under 15.10(b), equal to one (1) week’s pay for each complete year of continuous employment, to a maximum of thirty (30) weeks, based on the employee’s rate of pay of his or her substantive position on the day preceding the appointment.
  3. An employee entitled to a severance payment under sub-paragraph (a) or (b) shall have the same choice of options outlined in 15.10, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.
  4. An employee who does not make a selection under 15.12(b) will be deemed to have chosen option 15.10(b).

Letter of Understanding (15-01)

Re: Ship Repair Group
(Variable Hours of Work)

This letter refers to discussions that the parties had with respect to variable hours of work.

It is agreed that variable hours of work may be implemented, on a trial basis, with the mutual consent of the parties.

This Letter of Understanding will expire on .

Letter of Understanding (15-02)

Re: Ship Repair Group
(All Employees Located on the West Coast)

This letter is to give effect to the understanding reached during negotiations for the Ship Repair Group with reference to notes 1 and 2 of Appendix “A”.

It is understood and agreed by both parties that for the duration of the collective agreement which will expire on , notes 1 and 2 of Appendix “A” of the said agreement dealing with the rate of pay for Welder (High-Pressure) and Pipefitter (High-Pressure) will be interpreted and applied as follows:

1. Qualifications
  1. Welders wishing to qualify for the pay differential must possess a current PWP-7 or PWP-10 Welding qualification and must demonstrate ability to the standards set by those qualifications or recognized equivalent.
  2. Pipefitters wishing to qualify for the differential must possess a current Brazer Performance Qualification (BPO) tested to a Brazing Procedure Specification (BPS) that is qualified in accordance with ASME section 1X or recognised equivalent.
  3. Examination is to be under the supervision and direction of the Fleet Maintenance Facility Cape Breton (FMFCB) Welding Supervisor or Pipefitter Supervisor with radiographic examination or Peel Test of weld coupons to be conducted by a recognised facility.
  4. High-Pressure Welder Qualification is to be maintained by retesting every two (2) years or by in process Radiographic or Ultrasonic Non Destructive Testing. On the occasion of first testing for qualification (but not for requalification) up to twenty (20) hours paid practice and instruction time to be allowed, scheduled at supervisor’s discretion. New employees holding a current PWP-7 or PWP-10 Welding Qualification or recognised equivalent will not necessarily be exempt from FMFCB qualification.
  5. High-Pressure Pipefitter Qualification is to be maintained by retesting every two (2) years or by in process Radiographic or Ultrasonic Non Destructive Testing. On the occasion of the first test (but not for requalification) up to twenty (20) hours paid practice and instruction time be allowed, scheduled at the supervisor’s discretion.
2. Application

The pay differential will be paid to welders or pipefitters holding the FMFCB Qualification described above. As per notes 1 and 2 of Appendix “A”

Letter of Understanding (15-03)

In Respect of Range Control and Underwater Systems Technicians at the Canadian Forces Maritime Experimental and Test Ranges at Nanoose in the Ship Repair Group (All Employees Located on the West Coast) Who Work a Variable Workweek

Principle

The Employer and the Council agree that notwithstanding the provisions of the Ship Repair Group collective agreement (all employees located on the west coast) which will expire on , the following conditions shall only apply to range control and underwater systems technicians employed at the Canadian Forces Maritime Experimental and Test Ranges (CFMETR) located at Nanoose, British Columbia who work a variable workweek.

It is agreed that the implementation of any variation in hours shall not result under any circumstances in any additional expenditure or cost by reason of such variation.

General
1. Conversion to hours

The provisions of the collective agreement which specify days shall be converted to hours based on an eight (8) hour day as follows:

  • five-twelfths (5/12) day = 3.333 hours
  • five-sixths (5/6) day = 6.666 hours
  • one (1) day = 8.000 hours
  • one and one-quarter (1 1/4) days = 10.000 hours
  • one and two-thirds (1 2/3) days = 13.333 hours
  • two and one-twelfth (2 1/12) days = 16.667 hours
2. Leave
  1. When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day.
  2. Notwithstanding paragraph 2(a), Bereavement leave with pay, clause 13.02 and grievance procedure: Article 20, a “day” will have the same meaning as the provisions of the collective agreement.
3. Application

Local Management of the Department of National Defence and duly-authorized representatives of the Council may jointly devise and decide on a mutually acceptable work schedule which shall include a specified number of days of rest. The scheduled hours of work on any day, as set forth in such a work schedule, may exceed eight (8) hours per day; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements of CFMETR and the daily hours of work shall be consecutive.

Such a work schedule shall provide that an employee’s normal workweek shall average forty (40) hours per week over the life of the schedule.

Specific application

For greater certainty, the following provisions shall be administered as provided herein:

1. Article 2: interpretation and definitions

Clause (2.01(f)), “daily rate of pay”, shall not apply.

2. Article 10: vacation leave with pay

Employees shall earn vacation leave credits at the rates prescribed for their years of service, as set forth in Article 10 of the collective agreement, but credits shall be converted to hours on the basis that one (1) day equals eight (8) hours, and one week equals forty (40) hours.

Leave when employment terminates

When an employee dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation and furlough leave with pay to his credit by the hourly rate of pay as calculated from the rate specified in his certificate of appointment prior to the termination of his employment.

3. Article 11: designated paid holidays

Clauses 11.03, 11.04 and 11.05 shall not apply and shall be replaced by the following clause:

  1. when a holiday falls on a day of rest,
    and
    1. the employee does not work on the holiday, the employee shall be given eight (8) hours pay at the straight-time rate as holiday pay; and these hours shall be counted toward the employee’s weekly hours of work in accordance with paragraph 3 of the General Section of this Memorandum of agreement,
    2. the employee works, he shall receive, in addition to what is provided in (i) above, double time for the first ten (10) hours of work and triple time for hours worked in excess of ten (10).
  2. when a holiday falls on a scheduled workday, the employee shall be given in addition to eight (8) hours pay at the straight-time rate as holiday pay, double (2) time for all scheduled hours worked and triple (3) time for all hours worked in excess of the employee’s scheduled hours of work. All scheduled hours worked shall be counted toward the employee’s weekly hours of work. An employee who works a ten-hour shift shall be entitled to twenty-eight (28) hours of pay of which ten (10) hours will be reflected in his regular pay cheque as part of his forty (40) hour workweek.
4. Article 16: hours of work and overtime

Clauses 16.01, 16.02, 16.03, 16.05, 16.06, 16.07 and 16.09 of the collective agreement shall not apply and shall be replaced by the following clauses:

Hours of work
  1. The workweek shall be from Monday to Friday inclusive;
  2. the hours of work shall be an average of forty (40) hours per week and ten (10) hours per day;
  3. management agrees to discuss with the Council any changes in working hours before implementing them.
Overtime compensation

Subject to clause 16.11, overtime shall be compensated at the following rates:

  1. double (2) time for each hour of overtime worked in excess of the employee’s scheduled daily hours of work and for all hours worked on a scheduled day of rest;
  2. triple (3) time for each hour of overtime worked after sixteen (16) hours worked in any twenty-four (24)-hour period and for all hours worked by an employee who is recalled to work before the expiration of the ten (10)-hour rest period referred to in clause 16.10.
Duration

The Letter of Understanding shall be effective from the date of signing of the collective agreement and will expire on .

This Letter of Understanding may be amended by mutual consent.

Letter of Understanding (15-04)

In respect to employees on the first (night) shift and the third (evening) shift at FMF CB in the Ship Repair Group (All Employees Located on the West Coast)

1. Principle

The Employer and the Council agree that notwithstanding the provisions of the Ship Repair Group collective agreement (all employees located on the west coast) which will expire on , the following conditions shall only apply to employees who work on the first (night) shift and the third (evening) shift in the FMF CB.

2. Leave

When leave is granted, it will be granted on an hourly basis and the hours debited at the factor of 1.067 hours for each hour of leave taken.

Notwithstanding the foregoing paragraph, in the application of Bereavement leave with pay, clause 13.02, and the grievance procedure: Article 20, a “day” will have the same meaning as the provisions of the collective agreement.

3. Specific application

The following provisions shall be administered as provided herein:

  1.  Article 2: interpretation and definitions

    Clause 2.01(f) daily rate of pay will mean seven point five (7.5) hours on the scheduled shift multiplied by the factor of one point zero six seven (1.067) to equate to an employee’s eight (8) hours pay.

  2.  Article 11: designated paid holidays

    Clause 11.05 shall not apply and shall be replaced by the following clause:

    1. when a holiday falls on a day of rest,
      and
      1. the employee does not work on the holiday, the employee shall be given eight (8) hours pay at the straight-time rate as holiday pay;
      2. the employee works, he shall receive, in addition to what is provided in (A) above, double time for each hour worked up to seven and one half (7 1/2) hours and triple time for each hour worked thereafter.
    2. when a holiday falls on a scheduled workday, the employee shall be given in addition to eight (8) hours pay at the straight-time rate as holiday pay, double (2) time for all scheduled hours worked and triple (3) time for all hours worked in excess of the employee’s scheduled hours of work.
  3.  Article 16: hours of work and overtime

    It is understood that with respect to clause 16.01 the hours of work shall be considered as forty (40) hours per week and eight (8) hours per day.

  4.  Article 25: shift premium

    It is understood that with respect to the subject article, the shift premium shall be calculated in accordance with the following examples for an employee who works:

Duration

This Letter of Understanding shall be effective from the date of signing of the collective agreement and will expire on .

Letter of Understanding (15-05)

Re: Ship Repair Group
(All Employees Located on the West Coast)

This letter is to give effect to the understanding reached for the Ship Repair Group with respect to subclause 18.03(a) of the travelling article.

For the duration of the collective agreement which will expire on , where an employee, who works on the second (day) shift, is required by the Employer to travel on workdays (Monday to Friday on which the employee travels but does not work) between midnight and 08:00 hours, the definition of a day (clause 2.01(g) refers) shall, for this purpose only, be deemed to be the twenty-four (24) hour period commencing at 08:00 hours.

Letter of Understanding (15-06)

In Respect to Hours of Work at FMF CB in the Ship Repair Group (All Employees Located on the West Coast)

Reference: Article 16: hours of work and overtime

This letter refers to discussions between the parties with respect to hours of work; in particular, alternate work schedule and flex time.

The Employer and the Council both recognize the requirement to maximize the efficiency of the workforce while considering the employees’ desire to have some flexibility in hours of work. It is agreed that the Council and FMF CB management will collaborate to develop and implement alternate work schedule and flex time schemes where significant operational advantages may be achieved. It should be stressed that only in those instances where the parties have reached mutual agreement to trial such concepts, will work be scheduled outside of the hours, as defined in clauses 16.01 and 16.02, while maintaining Saturday and Sunday as days of rest.

Detailed guidelines and conceptual information related to the trial of these two initiatives will be drafted as an FMF SOP developed in cooperation between the Council and FMF CB management. Details of the SOP may be reviewed at any time over the duration of the collective agreement in order to improve the trial as necessary. The parties also acknowledge the requirement to discuss the preferred way ahead for implementation of this LOU and associated SOPs beyond the life of this collective agreement. The parties also acknowledge that the outcome of these consultations may result in the re-opening of the collective agreement subject to the provisions of Article 23.01.

This Letter of Understanding will expire on .

Letter of Understanding (15-07)

Re: Ship Repair Group
(Continuous Improvement Collaborations)

Both parties recognize the overall advantages of co-operation and collaboration for the purpose of continually improving the efficiencies of production work, reducing non-productive time and ensuring optimum productivity while enhancing workplace efficiencies and the quality of work life.

It is therefore agreed that both parties will periodically meet to discuss improvements in production processes and innovations aimed at achieving optimum productivity.

This Letter of Understanding will expire on .



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