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Appendix G
Ships' Crews
Specific Provisions and Rates of Pay
General
Introduction
Notwithstanding the general provisions of this collective agreement the following specific provisions shall apply to employees performing duties in the Ships' Crews Group:
1. Interpretations and Definitions
1.01 For the purpose of this Agreement:
(a) "annual rate of pay" means an employee's monthly rate of pay multiplied by twelve (12);
(b) "day" in relation to an employee means a twenty-four-(24) period during which that employee is normally required to perform the duties of his position and commences:
(i) at the designated crew change time for operations subject to Annex B (Conventional), Annex C (Forty Two Hour Averaging Work System), Annex D (Forty-Six Point Six Hour Work System) and Annex E (Lay-Day Work System).
(ii) at 00:01 for all other operations.
(c) "home port" means the employee's home port as designated by the user departments and/or the geographic location to which the employee is normally assigned;
(d) "hourly rate of pay" means an employee's monthly rate of pay multiplied by twelve (12) and divided by two thousand and eighty-seven decimal zero four (2087.04);
(e) "remuneration" means pay and allowances;
(f) "weekly rate of pay" means an employee's monthly rate of pay multiplied by twelve (12) and divided by fifty-two decimal one hundred and seventy-six (52.176);
(g) "compensatory leave" means leave with pay in lieu of cash payment for overtime, for time worked on a designated paid holiday, or travelling time compensated at the overtime rate. The duration of such leave will be equal to the time compensated or the minimum time entitlement, multiplied by the applicable overtime rate.
In addition, compensation for Security Duty, Standby, and Call-Back may also accumulate as compensatory leave.
The rate of pay to which an employee is entitled during such leave shall be at the employee's hourly rate of pay based upon the sub-group and level in effect on the day on which the compensatory leave is taken (congé compensateur).
General Administration
2. Hours of Work and Overtime
2.01 General
(a) An employee's hours of work as set out in this Agreement shall not be construed as guaranteeing the employee minimum or maximum hours of work.
(b) Unless otherwise provided in this article, employees assigned to the Lay-Day Work System, are subject to Annex E, employees assigned to the Averaging System Forty-Two (42) hours are subject to Annex C, employees assigned to the On-Call System Average Forty-Six Point Six (46.6) hours are subject to Annex D, and all other employees are subject to Annex B.
(c) Meal periods shall not constitute a part of any work period except for employees who are required to eat during their watch.
2.02 Rest Periods
(a) The employee shall be granted two (2) paid ten (10) minute rest periods in each working day of less than twelve (12) hours and three (3) paid ten (10) minute rest periods for a working day of twelve (12) hours or more.
(b) Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange watches if there is no increase in cost to the Employer.
(c) Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed at any time on immediate call by all employees and, notwithstanding any provisions of this Agreement which might be construed to the contrary, in no event shall overtime be paid for work performed in connection with such emergency duties of which the Master shall be the sole judge.
(d) The Master may, whenever he deems it advisable, require any employee to participate in lifeboat or other emergency drills without the payment of overtime.
2.03 Overtime Compensation
(a) An employee performing overtime work which ceases before the expiration of one (1) hour shall nevertheless be credited with one (1) hour's overtime.
(b) After the first (1st) hour of overtime, each further period of one-half (1/2) hour shall entitle the employee to one-half (1/2) the applicable hourly overtime rate.
(c) Subject to paragraph (d) an employee shall be entitled to compensation at time and one-half (1 1/2) for overtime worked by the employee.
(d) An employee shall be entitled to compensation at double (2) time:
(i) for work performed following eight (8) hours of overtime worked in excess of the employee's normal daily hours of work;
(ii) for overtime worked on the employee's days of rest in excess of the employee's normal daily hours of work;
(iii) for all overtime worked by an employee on the employee's second or subsequent days of rest, provided the days of rest are consecutive.
except:
with respect to Annex C, 42 Hour Averaging, Annex D, forty-six decimal six (46.6) Hour Averaging, and Annex E, Lay Day.
(e) When an employee is required to work continuously without a break of at least six (6) hours, the employee shall continue to be compensated at double (2) time for hours worked provided:
(i) the employee has worked more than twenty (20) hours in any period of twenty-four (24) consecutive hours for employees who normally work a twelve (12) hour day.
or
(ii) the employee has worked more than sixteen (16) hours in any one period of twenty-four (24) consecutive hours for employees who normally work an eight (8) hour day.
(f)
(i) Overtime shall be compensated in cash, except where the employee requests that it accumulate as compensatory leave.
(ii) Compensatory leave shall accumulate at the equivalent cash value for the sub-group and level at which it is earned. Such accumulated compensatory leave shall be held in reserve to be liquidated in leave or cash, subject to sub-clause (g), at the request of the employee and at the discretion of the Employer.
(iii) The Employer will endeavour to grant compensatory leave at times convenient to both the employee and the Employer.
(g) Compensatory leave standing to the credit of an employee in excess of three hundred (300) hours will normally be paid off in cash, or the excess may be granted as leave at the request of the employee and the discretion of the Employer.
2.04 Overtime Records
Overtime records shall be kept by the Employer and shall be available for examination by the employee at least once every two (2) weeks.
(a) Assignment of Overtime Work
Subject to the operational requirements of the service, the Employer shall make every reasonable effort:
(i) to allocate overtime work on an equitable basis among readily available, qualified employees.
and
(ii) to give employees who are required to work overtime adequate advance notice of this requirement.
2.05 Meal Allowance
(a)
(i) For positions where meals are not provided by the Employer, an employee who works three (3) or more consecutive hours of overtime on a regular working day shall receive a meal allowance of ten dollars ($10.00), except where a free meal is provided.
(ii) Reasonable time with pay, to be determined by management, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.
(b)
(i) For positions where meals are not provided by the Employer, an employee who works three (3) or more consecutive hours of overtime on a regular working day shall receive a meal allowance of ten dollars ($10.00), except where a free meal is provided.
(ii) Reasonable time with pay, to be determined by management, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.
(c)
(i) For positions where meals are not provided by the Employer, an employee who works overtime on days of rest beyond the prior scheduled overtime period shall receive a meal allowance of ten dollars ($10.00) after having worked three (3) consecutive hours of overtime beyond the prior scheduled overtime period and ten dollars ($10.00) for each four (4) hour period of overtime worked thereafter, except where a free meal is provided.
(ii) Reasonable time with pay, to be determined by management, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employees place of work.
3. Vacation Leave With Pay
3.01 Vacation Year
The vacation year shall be from April 1st to March 31st, of the following calendar year inclusive.
3.02 Accumulation of Vacation Leave Credits
An employee shall earn vacation leave credits at the following rates for each calendar month during which the employee receives pay for at least eighty (80) hours:
(a) ten (10) hours per month until the month in which the anniversary of the employee's eighth (8th) year of service occurs;
or
(b) thirteen decimal three-three (13.33) hours per month commencing with the month in which the employee's eighth (8th) anniversary of service occurs;
or
(c) fourteen decimal sixty-seven (14.67) hours per month in which the employee's sixteenth (16th) anniversary of service occurs;
or
(d) fifteen decimal thirty-three (15.33) hours per month in which the employee's seventeenth (17th) anniversary of service occurs;
or
(e) sixteen decimal six seven (16.67) hours per month in which the employee's eighteenth (18th) anniversary of service occurs;
or
(f) eighteen (18) hours per month commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs;
or
(g) twenty (20) hours commencing with the month in which the employee's twenty-eighth (28th) anniversary of service occurs;
(h) however, an employee who is entitled to or who has received furlough leave shall have the vacation leave credits earned under this article, reduced by 3.33 hours per month from the beginning of the month in which the employee completes twenty (20) years of continuous employment until the beginning of the month in which the employee completes twenty-five (25) years of continuous employment.
3.03 Vacation leave with pay shall be granted on an hourly basis with the hours debited for each day of vacation leave being the same as specified in the appropriate Annex.
3.04 Carry-Over and/or Liquidation of Vacation Leave
(a) Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused portion of his or her vacation leave up to a maximum of two hundred and eighty (280) hours for those employees working under Annex B, two hundred and ninety four (294) hours for those employees working under Annex C, three hundred and twenty six decimal two (326.2) hours for those employees working under Annex D; and four hundred and twenty (420) hours for those employees working under Annex E, shall be automatically paid in cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.
(b)
(i) Notwithstanding paragraph (a), on the date of signing of this Agreement or on the date an employee becomes subject to this Agreement, he or she has more than the limits provided in paragraph (a) above unused vacation leave credits earned during previous years, this number of unused vacation leave credits shall become the employee's accumulated leave maximum;
(ii) unused vacation leave credits equivalent to the employee's accumulated leave maximum shall be carried over into the following vacation year;
(iii) unused vacation leave credits in excess of the employee's accumulated leave maximum shall be automatically paid in cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.
(c) The employee's accumulated leave maximum as calculated pursuant to subparagraph (b)(i) above shall be reduced irrevocably by the number of vacation leave credits liquidated in excess of the employee's annual vacation leave entitlement during the vacation year.
(d) Notwithstanding subparagraph (b)(iii) above, where the Employer cancels a period of vacation leave which has been previously approved in writing and which cannot be rescheduled before the end of the vacation year, the cancelled leave may be carried over into the following vacation year.
4. Sick Leave With Pay
4.01 Credits
(a) An employee shall earn sick leave credits at the rate of ten (10) hours for each calendar month for which he receives at least eighty (80) hours' pay.
(b) Sick leave with pay shall be granted on an hourly basis with hours debited for each day of sick leave being the same as specified in the appropriate Annex.
4.02 Granting of Sick Leave With Pay
(a) An employee is not eligible for sick leave with pay during any period in which he is on leave without pay or under suspension.
(b) Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of Sick Leave With Pay may, at the discretion of the Employer, be granted for a period of up to two hundred (200) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the employee.
5. Uniforms and Safety Footwear
Whenever items of clothing are supplied to employees as per the Employer's policy, or where the Employer has identified positions where the wearing of safety footwear is mandatory and the employees are in receipt of the safety footwear the employees shall wear the clothing and safety footwear whenever they are on duty in accordance with the departmental regulations.
6. Sailing Time
6.01 When, in the opinion of the Master, operational circumstances permit, the sailing time of the vessel shall be posted on the notice board as soon as possible.
6.02 Sailing times will not be posted for vessels engaged in any enforcement, policing or regulative operation.
6.03 Subject to clause 6.01 above where an employee has notified the employee's supervisor as to where and how the employee may be contacted during the employee's authorised absence from the vessel, the Employer shall inform the employee of the sailing time if such sailing time is not posted on the notice board at the time that the employee commenced the employee's absence from the vessel. The Employer will not be responsible for employees who fail to receive notice of sailing time by reason of absence from the place of notification.
6.04 All employees shall report on board at least one (1) hour before time of sailing as posted on the notice board or as otherwise informed by their supervisor or by the officer in charge.
6.05 Where an employee is required to report in accordance with clause 6.04 and the vessel is in home port, the employee is entitled to the greater of:
(a) compensation at the applicable rate for any work performed on that day,
or
(b) one (1) hour's pay at the straight-time rate.
6.06 If a crew member is unable to join his or her vessel because it either sails earlier than the posted sailing time or earlier than the time the employee was given under clause 6.03, if the Employer considers it feasible to do so:
(a) the employee shall be transported to the vessel's first (1st) port of call or other point of contact with the vessel at the Employer's expense,
or
(b) when work is available, the employee shall be employed in the employee's classification until the employee is able to return to his or her vessel,
or
(c) the employee may take any compensatory leave credits and/or vacation leave credits the employee has accumulated up to the time the vessel sailed, and where such credits do not equal the period of unemployment, the Employer may, at its discretion, advance vacation leave credits up to the amount the employee would be eligible to receive in that vacation year.
7. Meals and Quarters
7.01 When an employee is working on a vessel which is equipped with a galley and quarters, the employee shall be entitled to receive meals and quarters, except as otherwise provided in clause 7.02.
7.02 When an employee is working on a vessel on which meals and/or quarters normally provided as per clause 7.01 are not available, and the Employer does not provide alternative meals and/or quarters, an employee shall be entitled to:
(a) when the vessel is away from home port, reimbursement for actual and reasonable costs incurred for meals and/or lodging;
(b) when the vessel is in home port, eight dollars and fifty cents ($8.50) per day in lieu of meals and quarters for a regular working day of less than twelve (12) hours and eleven dollars and fifty cents ($11.50) per day in lieu of meals and quarters for a regular working day of twelve (12) hours or more.
7.03 When an employee is working on a vessel on which meals and/or quarters are not normally provided and the Employer does not provide alternative meals and/or quarters, the employee shall be entitled to:
(a) when the vessel is berthing for one (1) or more nights away from home port, reimbursement for actual and reasonable costs incurred for meals and/or lodging;
(b) eight dollars and fifty cents ($8.50) per day in lieu of meals and quarters for a regular working day of less than twelve (12) hours and eleven dollars and fifty cents ($11.50) per day in lieu of meals and quarters for a regular working day of twelve (12) hours or more.
7.04 When an employee is working on a DND vessel which is equipped with a galley and quarters, the employee shall be subject to clause 7.01 and clause 7.02 preamble and part (a) except, when the vessel is on "day operations", only clause 7.03 shall apply.
7.05 When an employee is on authorised leave from a vessel, is absent without permission or is under suspension paragraphs 7.01, 7.02, 7.03 and 7.04 shall not apply.
7.06 The Employer reserves the right to reject or reduce any claim for reimbursement made under paragraphs 7.02(a) and 7.03(a) which it considers excessive, and all claims for lodging expenses shall be accompanied by a receipt.
7.07 As soon as possible after the end of each calendar year, the Employer shall provide each employee who has received meals and quarters with a statement indicating the value of the meals and quarters the employee received during the year.
7.08 Notwithstanding clauses 7.01, 7.02 and 7.03 but subject to clause 7.06, when an employee is required by the Employer to attend legal proceedings, training, or other such work related activities, the Employer reserves the right, where in its opinion circumstances warrant, to reimburse actual and reasonable costs incurred for meals and/or lodging, where such costs exceed the amounts in clauses 7.01, 7.02 or 7.03.
8. Safety and Health
(a) The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. Hazardous procedures shall be carried out in accordance with good seafaring practices. The parties undertake to consult at the local level 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 or unreasonable discomfort occasioned by the vessel being in the process of refit away from home port.
(b) All vessels with living accommodations shall be inspected for health and sanitary conditions by a qualified medical officer and/or sanitary inspector not less frequently than once every twelve (12) months or, in the case of vessels on northern operations before departure and before the next subsequent voyage.
(c) The Employer shall continue to make every effort to insure that the necessary medical care is provided to an employee who takes ill while on board a vessel.
(d) Vessels which are scheduled to be at sea and beyond the normal range of medical evacuation by air to emergency medical services (EMS) or offshore medical capabilities shall have a registered nurse, or first aid attendant, authorised by a competent authority to dispense medicine, readily available.
9. Travelling
(a) When an employee is serving on a vessel that is in refit or repair in a port other than the employee's home port for two (2) or more days preceding the employee's days of rest and is required to remain absent from the employee's home over the days of rest, the employee shall be reimbursed the cost of a ten (10) minute station-to-station long distance call at daily discount rates. The amount reimbursed shall not exceed the cost of a ten (10) minute station-to-station weekend call between the location of the employee's vessel in refit or repair and the home port of the vessel.
(b) After seven (7) days at sea, away from the employee's homeport, and each subsequent seven (7) days away from home port, the employee shall be provided access, off watch and subject to operational availability, to the vessel's telephone equipment to place a call to his/her home. The employee will reimburse the department for the costs of the telephone call.
10. Travelling Time
10.01 Travelling Time that accumulates as compensatory leave is subject to the provisions of 2.03(f)(ii) of this Appendix.
11. Travelling Expenses on Leave or Termination
When an employee serving on a vessel which is away from its home port:
(a)
(i) is authorised to take leave under the provisions of Vacation Leave with Pay and/or a combination of Vacation Leave and Compensatory Leave and under the provision of Bereavement Leave with Pay or is proceeding on lay-days, the Employer shall pay the cost of the return travelling expenses, as normally defined by the Employer, from the point of disembarkation, to the vessel's home port or to the employee's normal place of residence whichever is the lesser amount;
(ii) terminates his or her employment by reason of retirement, release or lay-off, the Employer shall pay the cost of the travelling expenses, as normally defined by the Employer, from the point of disembarkation to the employee's port of hiring or to the employee's normal place of residence, whichever is the lesser amount.
(b) The payment of travelling expenses under the provisions of this article shall, in respect of Vacation Leave and/or a combination of Vacation Leave and Compensatory Leave be limited in any fiscal year to the expenses of one return trip.
(c) The Employer may at it's discretion, provide chartered transportation between the vessel and home port, In such circumstances, an employee will not be entitled to any other reimbursement under this clause.
12. Transportation to Shore
At the discretion of the Master, crew members not on duty may be provided with transportation to shore and return when the vessel is anchored.
13. Transfers
The Employer, will, where it is practical and possible to do so, consider employee requests to transfer to another vessel or to a shore operation.
14. Standby
(a) Employees whose hours of work are determined in accordance with Annex C may leave the vessel after receiving permission from the Master.
(b) In the case of vessels engaged primarily in Search and Rescue operations, employees shall be available to return to the vessel within thirty (30) minutes. In the case of vessels whose primary function is not Search and Rescue, employees shall be available to return to the vessel within one (1) hour.
(c) Where the Employer requires a vessel operating under Annex B to be on standby, an employee who is assigned to that vessel and is required to be available for duty during off-duty hours shall be paid at the rate of one (1) hour for each eight (8) hour period or portion thereof for which he has been assigned to the vessel while it is on standby.
(d) No standby payment shall be granted if an employee is unable to report for duty when required.
(e) An employee on standby who is required to report for work shall be paid, in addition to the standby pay, the greater of:
(i) the applicable overtime rate for the time worked,
or
(ii) the minimum of three (3) hours' pay at the applicable overtime rate of pay, except that this minimum shall apply only the first (1st) time that an employee is required to report for work during a period of standby of eight (8) hours.
(f) An employee on standby under the provisions of this article is eligible for reimbursement of transportation expenses in accordance with Article 67 of the Agreement.
(g) Compensation earned pursuant to this article shall be compensated in cash, except where, at the request of the employee and with the approval of the Employer, it will accumulate as compensatory leave.
(h) Compensation earned pursuant to this article that accumulates as compensatory leave is subject to the provisions of 2.03(f)(ii) of this Appendix.
15. Reporting Pay
(a) If an employee is not notified prior to the commencement of the employee's designated hours of work that the employee is not required to report for duty and the employee reports for duty at the employee's designated starting time, he/she is entitled to the greater of:
(i) compensation at the applicable rate for any work performed,
or
(ii) compensation equivalent to three (3) hours' pay at the applicable overtime rate.
(b) This article does not apply where an employee reports on board for sailing in accordance with sailing time provisions.
16. Security Duty
(a) Where an employee is required to perform security duty the employee shall be paid three-tenths (3/10) of the employee's straight-time hourly rate for each completed half (1/2) hour of security duty.
(b) Subject to meals and quarters provisions, where an employee is required to perform security duty on a non-equipped vessel the employee shall receive a meal allowance in the amount of six dollars ($6) for each eight (8) hour period, or portion thereof, of continuous security duty.
(c) Compensation earned under this article will be paid off in accordance with Overtime Compensation paragraphs 2.03(f), (g) of this Appendix.
(d) Compensation earned pursuant to this article shall be paid in cash, except where the employee requests that it accumulate as compensatory leave. Compensation earned pursuant to this article that accumulates as compensatory leave is subject to the provisions of 2.03(f)(ii) of this Appendix.
17. Information
(a) The Employer agrees to supply the Alliance semi-annually (April 1st and October 1st) with the name, classification of each employee and home port or the geographic location to which an employee is normally assigned.
(b) Prior consultation shall occur between the Alliance and the Employer, when the Employer considers it necessary to change the designated home port of a vessel.
18. Nuclear Emergency Response Team
Ships Crews working at CFB Esquimalt and CFB Halifax, who are designated as members of a Nuclear Emergency Response Team, are trained, maintain their qualifications and are assigned duties, shall receive a monthly allowance of one hundred and fifty dollars ($150).
**Annex A
SC - Ships' Crews Group
Rates of Pay
(in dollars)
Table Legend
- $) Effective Date: August 5, 2006
- A) Effective Date: August 5, 2007
- B) Effective Date: August 5, 2008
- C) Effective Date: August 5, 2009
- D) Effective Date: August 5, 2010
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3429 | 41148 | 788.64 | 157.73 | 19.72 | 112.73 |
| A) August 5, 2007 | 3508 | 42096 | 806.81 | 161.36 | 20.17 | 115.33 |
| B) August 5, 2008 | 3561 | 42732 | 819.00 | 163.80 | 20.47 | 117.07 |
| C) August 5, 2009 | 3614 | 43368 | 831.19 | 166.24 | 20.78 | 118.82 |
| D) August 5, 2010 | 3668 | 44016 | 843.61 | 168.72 | 21.09 | 120.59 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3557 | 42684 | 818.08 | 163.62 | 20.45 | 116.94 |
| A) August 5, 2007 | 3639 | 43668 | 836.94 | 167.39 | 20.92 | 119.64 |
| B) August 5, 2008 | 3694 | 44328 | 849.59 | 169.92 | 21.24 | 121.45 |
| C) August 5, 2009 | 3749 | 44988 | 862.24 | 172.45 | 21.56 | 123.25 |
| D) August 5, 2010 | 3805 | 45660 | 875.11 | 175.02 | 21.88 | 125.10 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3685 | 44220 | 847.52 | 169.50 | 21.19 | 121.15 |
| A) August 5, 2007 | 3770 | 45240 | 867.07 | 173.41 | 21.68 | 123.95 |
| B) August 5, 2008 | 3827 | 45924 | 880.17 | 176.03 | 22.00 | 125.82 |
| C) August 5, 2009 | 3884 | 46608 | 893.28 | 178.66 | 22.33 | 127.69 |
| D) August 5, 2010 | 3942 | 47304 | 906.62 | 181.32 | 22.67 | 129.60 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3818 | 45816 | 878.10 | 175.62 | 21.95 | 125.52 |
| A) August 5, 2007 | 3906 | 46872 | 898.34 | 179.67 | 22.46 | 128.42 |
| B) August 5, 2008 | 3965 | 47580 | 911.91 | 182.38 | 22.80 | 130.36 |
| C) August 5, 2009 | 4024 | 48288 | 925.48 | 185.10 | 23.14 | 132.30 |
| D) August 5, 2010 | 4084 | 49008 | 939.28 | 187.86 | 23.48 | 134.27 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3907 | 46884 | 898.57 | 179.71 | 22.46 | 128.45 |
| A) August 5, 2007 | 3997 | 47964 | 919.27 | 183.85 | 22.98 | 131.41 |
| B) August 5, 2008 | 4057 | 48684 | 933.07 | 186.61 | 23.33 | 133.38 |
| C) August 5, 2009 | 4118 | 49416 | 947.10 | 189.42 | 23.68 | 135.39 |
| D) August 5, 2010 | 4180 | 50160 | 961.36 | 192.27 | 24.03 | 137.42 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 4048 | 48576 | 931.00 | 186.20 | 23.28 | 133.08 |
| A) August 5, 2007 | 4141 | 49692 | 952.39 | 190.48 | 23.81 | 136.14 |
| B) August 5, 2008 | 4203 | 50436 | 966.65 | 193.33 | 24.17 | 138.18 |
| C) August 5, 2009 | 4266 | 51192 | 981.14 | 196.23 | 24.53 | 140.25 |
| D) August 5, 2010 | 4330 | 51960 | 995.86 | 199.17 | 24.90 | 142.36 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 4178 | 50136 | 960.90 | 192.18 | 24.02 | 137.36 |
| A) August 5, 2007 | 4274 | 51288 | 982.98 | 196.60 | 24.57 | 140.52 |
| B) August 5, 2008 | 4338 | 52056 | 997.70 | 199.54 | 24.94 | 142.62 |
| C) August 5, 2009 | 4403 | 52836 | 1012.65 | 202.53 | 25.32 | 144.76 |
| D) August 5, 2010 | 4469 | 53628 | 1027.83 | 205.57 | 25.70 | 146.93 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3509 | 42108 | 807.04 | 161.41 | 20.18 | 115.36 |
| A) August 5, 2007 | 3590 | 43080 | 825.67 | 165.13 | 20.64 | 118.03 |
| B) August 5, 2008 | 3644 | 43728 | 838.09 | 167.62 | 20.95 | 119.80 |
| C) August 5, 2009 | 3699 | 44388 | 850.74 | 170.15 | 21.27 | 121.61 |
| D) August 5, 2010 | 3754 | 45048 | 863.39 | 172.68 | 21.58 | 123.42 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3579 | 42948 | 823.14 | 164.63 | 20.58 | 117.67 |
| A) August 5, 2007 | 3661 | 43932 | 842.00 | 168.40 | 21.05 | 120.36 |
| B) August 5, 2008 | 3716 | 44592 | 854.65 | 170.93 | 21.37 | 122.17 |
| C) August 5, 2009 | 3772 | 45264 | 867.53 | 173.51 | 21.69 | 124.01 |
| D) August 5, 2010 | 3829 | 45948 | 880.63 | 176.13 | 22.02 | 125.88 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3694 | 44328 | 849.59 | 169.92 | 21.24 | 121.45 |
| A) August 5, 2007 | 3779 | 45348 | 869.14 | 173.83 | 21.73 | 124.24 |
| B) August 5, 2008 | 3836 | 46032 | 882.24 | 176.45 | 22.06 | 126.12 |
| C) August 5, 2009 | 3894 | 46728 | 895.58 | 179.12 | 22.39 | 128.02 |
| D) August 5, 2010 | 3952 | 47424 | 908.92 | 181.78 | 22.72 | 129.93 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3798 | 45576 | 873.51 | 174.70 | 21.84 | 124.87 |
| A) August 5, 2007 | 3885 | 46620 | 893.51 | 178.70 | 22.34 | 127.73 |
| B) August 5, 2008 | 3943 | 47316 | 906.85 | 181.37 | 22.67 | 129.63 |
| C) August 5, 2009 | 4002 | 48024 | 920.42 | 184.08 | 23.01 | 131.57 |
| D) August 5, 2010 | 4062 | 48744 | 934.22 | 186.84 | 23.36 | 133.55 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3907 | 46884 | 898.57 | 179.71 | 22.46 | 128.45 |
| A) August 5, 2007 | 3997 | 47964 | 919.27 | 183.85 | 22.98 | 131.41 |
| B) August 5, 2008 | 4057 | 48684 | 933.07 | 186.61 | 23.33 | 133.38 |
| C) August 5, 2009 | 4118 | 49416 | 947.10 | 189.42 | 23.68 | 135.39 |
| D) August 5, 2010 | 4180 | 50160 | 961.36 | 192.27 | 24.03 | 137.42 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 4022 | 48264 | 925.02 | 185.00 | 23.13 | 132.23 |
| A) August 5, 2007 | 4115 | 49380 | 946.41 | 189.28 | 23.66 | 135.29 |
| B) August 5, 2008 | 4177 | 50124 | 960.67 | 192.13 | 24.02 | 137.33 |
| C) August 5, 2009 | 4240 | 50880 | 975.16 | 195.03 | 24.38 | 139.40 |
| D) August 5, 2010 | 4304 | 51648 | 989.88 | 197.98 | 24.75 | 141.50 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 4138 | 49656 | 951.70 | 190.34 | 23.79 | 136.04 |
| A) August 5, 2007 | 4233 | 50796 | 973.55 | 194.71 | 24.34 | 139.17 |
| B) August 5, 2008 | 4296 | 51552 | 988.04 | 197.61 | 24.70 | 141.24 |
| C) August 5, 2009 | 4360 | 52320 | 1002.76 | 200.55 | 25.07 | 143.34 |
| D) August 5, 2010 | 4425 | 53100 | 1017.71 | 203.54 | 25.44 | 145.48 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3473 | 41676 | 798.76 | 159.75 | 19.97 | 114.18 |
| A) August 5, 2007 | 3553 | 42636 | 817.16 | 163.43 | 20.43 | 116.81 |
| B) August 5, 2008 | 3606 | 43272 | 829.35 | 165.87 | 20.73 | 118.55 |
| C) August 5, 2009 | 3660 | 43920 | 841.77 | 168.35 | 21.04 | 120.33 |
| D) August 5, 2010 | 3715 | 44580 | 854.42 | 170.88 | 21.36 | 122.14 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3614 | 43368 | 831.19 | 166.24 | 20.78 | 118.82 |
| A) August 5, 2007 | 3697 | 44364 | 850.28 | 170.06 | 21.26 | 121.55 |
| B) August 5, 2008 | 3752 | 45024 | 862.93 | 172.59 | 21.57 | 123.35 |
| C) August 5, 2009 | 3808 | 45696 | 875.80 | 175.16 | 21.90 | 125.19 |
| D) August 5, 2010 | 3865 | 46380 | 888.91 | 177.78 | 22.22 | 127.07 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 3752 | 45024 | 862.93 | 172.59 | 21.57 | 123.35 |
| A) August 5, 2007 | 3838 | 46056 | 882.70 | 176.54 | 22.07 | 126.18 |
| B) August 5, 2008 | 3896 | 46752 | 896.04 | 179.21 | 22.40 | 128.09 |
| C) August 5, 2009 | 3954 | 47448 | 909.38 | 181.88 | 22.73 | 129.99 |
| D) August 5, 2010 | 4013 | 48156 | 922.95 | 184.59 | 23.07 | 131.93 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 4069 | 48828 | 935.83 | 187.17 | 23.40 | 133.78 |
| A) August 5, 2007 | 4163 | 49956 | 957.45 | 191.49 | 23.94 | 136.87 |
| B) August 5, 2008 | 4225 | 50700 | 971.71 | 194.34 | 24.29 | 138.90 |
| C) August 5, 2009 | 4288 | 51456 | 986.20 | 197.24 | 24.66 | 140.98 |
| D) August 5, 2010 | 4352 | 52224 | 1000.92 | 200.18 | 25.02 | 143.08 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 4437 | 53244 | 1020.47 | 204.09 | 25.51 | 145.87 |
| A) August 5, 2007 | 4539 | 54468 | 1043.93 | 208.79 | 26.10 | 149.23 |
| B) August 5, 2008 | 4607 | 55284 | 1059.57 | 211.91 | 26.49 | 151.46 |
| C) August 5, 2009 | 4676 | 56112 | 1075.44 | 215.09 | 26.89 | 153.73 |
| D) August 5, 2010 | 4746 | 56952 | 1091.54 | 218.31 | 27.29 | 156.03 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 4610 | 55320 | 1060.26 | 212.05 | 26.51 | 151.56 |
| A) August 5, 2007 | 4716 | 56592 | 1084.64 | 216.93 | 27.12 | 155.05 |
| B) August 5, 2008 | 4787 | 57444 | 1100.97 | 220.19 | 27.52 | 157.38 |
| C) August 5, 2009 | 4859 | 58308 | 1117.53 | 223.51 | 27.94 | 159.75 |
| D) August 5, 2010 | 4932 | 59184 | 1134.31 | 226.86 | 28.36 | 162.15 |
| Rates | Monthly | Annual | Weekly | Daily | Hourly | Lay-Day |
|---|---|---|---|---|---|---|
| $) August 5, 2006 | 4851 | 58212 | 1115.69 | 223.14 | 27.89 | 159.48 |
| A) August 5, 2007 | 4963 | 59556 | 1141.44 | 228.29 | 28.54 | 163.17 |
| B) August 5, 2008 | 5037 | 60444 | 1158.46 | 231.69 | 28.96 | 165.60 |
| C) August 5, 2009 | 5113 | 61356 | 1175.94 | 235.19 | 29.40 | 168.10 |
| D) August 5, 2010 | 5190 | 62280 | 1193.65 | 238.73 | 29.84 | 170.63 |
Annex B
Conventional Work System
1. Hours of Work
Except as otherwise provided in Annex C, D, and E, the hours of work shall be:
(a)
(i) eight (8) hours per day,
(ii) an average of forty (40) hours and five (5) days per week,
and
(iii) the two (2) days of rest shall be consecutive.
(b) Employees working sea watches shall normally work on the basis of either:
(i) four (4) hours on and eight (8) hours off;
or
(ii) six (6) hours on six (6) hours off.
(c) Employees whose hours of work are designated in accordance with paragraph (a) and who are not assigned to watches shall perform their daily hours of work within a twelve (12) hour period as determined from time to time by the Master/Commanding Officer. For employees other than those assigned to the Stewards Department these hours shall be consecutive except for meal periods.
(d) For employees who regularly work five (5) consecutive days per week on "non-watchkeeping" vessels the hours of work shall be consecutive, except for meal periods,
and
the normal daily hours of work shall be between 06:00 hours and 18:00 hours,
and
employees shall be given forty-eight (48) hours notice of any change in scheduled starting time.
(e) "day of rest" in relation to an employee means the twenty-four (24) hour period during which that employee is not ordinarily required to perform the duties of his/her position other than by reason of the employee being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at 00:00.
(f) A specified meal period shall be scheduled as close to the mid-point of the workday as possible. It is also recognized that the meal period may be staggered, however, the Employer will make every effort to arrange meal periods at times convenient to the employees.
2. Reporting for Sailing
(a) Where an employee is authorized to be absent from the vessel during his off-duty hours, the Master/Commanding Officer shall inform the employee of the time at which shore leave will expire. If the shore leave expiry time cannot be determined and the vessel is placed in standby status, the employee shall notify his/her supervisor where and how he/she may be contacted; the Employer will not be responsible for employees who fail to receive notice of sailing by reason of absence from the place of notification.
(b) If an employee is unable to join his vessel because it either sails earlier than the posted sailing time or earlier than the time he/she was given under sub-paragraph (1), if the Employer considers it feasible to do so:
(i) the employee shall be transported to the vessel's first (1st) port of call or other point of contact with the vessel at the Employer's expense,
or
(ii) when work is available, the employee shall be employed in his classification until he/she is able to return to his vessel,
or
(iii) the employee may take any compensatory leave credits and/or vacation leave credits he/she has accumulated up to the time the vessel sailed.
(c) Where an employee reports on board for sailing in accordance with the sailing time posted on the vessel's notice board or as otherwise required by the Master/Commanding Officer, the officer is entitled to the greater of:
(i) compensation at the applicable rate for any work performed on that day,
or
(ii) one (1) hour's pay at the straight-time rate, provided that the vessel is in home port.
3. Reporting for SAR Mission
(a) When an employee, after having completed his designated hours of work, has left the Employer's premises, is subsequently required to return to the Employer's premises to take part in a Search and Rescue mission (SAR) and does so aboard a vessel whose primary function is not search and rescue operations, the employee shall be paid the greater of:
(i) compensation at the applicable overtime rates for any work performed in excess of his designated hours of work,
or
(ii) compensation equivalent to three (3) hours' pay at the applicable overtime rate.
(b) Where the Employer requires a vessel operating under this Annex to be on standby, an employee who is assigned to that vessel and is required to be available for duty during off-duty hours, shall be compensated at the rate of one (1) hour for each eight (8) hour period thereof for which he/she has been assigned to the vessel while it is on standby.
(i) No payment shall be granted if an employee is unable to return to the vessel and/or report for work when required,
(ii) An employee on standby who is required to return to the vessel and report for work immediately shall be paid, in addition to the standby pay, the greater of:
(A) the applicable overtime rate for the time actually worked,
(B) compensation equivalent to three (3) hours' pay at the applicable overtime rate.
(iii) Employees on standby who are required to return to the vessel only to be available for their next scheduled work period, shall be compensated in accordance with paragraph 2(c) Reporting for Sailing.
(iv) Standby shall not apply to employees on vessels while at sea.
4. Reporting Pay
(a) Where an employee, who regularly work five (5) consecutive days per week on a non-watchkeeping vessels, is required to report for work as directed on a day of rest he/she shall be paid for the time actually worked, or minimum of three (3) hours' pay at the applicable overtime rate, whichever is the greater.
(b) Time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.
5. Vacation Leave With Pay
Vacation leave with pay shall be granted on an hourly basis, with the hours debited for each day of vacation leave being equal to eight (8) hours per day.
6. Sick Leave With Pay
Sick Leave With Pay shall be granted on an hourly basis, with the hours debited for each day of sick leave being equal to eight (8) hours per day.
7. Compensation for Work on a Holiday
Where an employee works on a holiday, the employee shall be entitled, in addition to the eight (8) hours pay the employee would have been granted had the employee not worked on the holiday, to compensation at the rate of:
(a) time and one-half (1 1/2) for all hours worked up to eight (8) hours;
and
(b) double (2) time for hours worked in excess of the eight (8) hours of work;
or
(c) where an employee works on a holiday contiguous to a day of rest on which the employee has also worked and received overtime in accordance with the Appendix G Specific Provisions (Ships' Crew) Overtime Compensation clause, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, double (2) time for hours worked.
(d) Compensation earned pursuant to this article shall be paid in cash, except where the employee requests it to accumulate as compensatory leave. Compensation earned pursuant to this article that accumulates as compensatory leave is subject to the provisions of subclause 2.03(f)(ii) of this Appendix.
Annex C
42 Hour Averaging Work System
1. Interpretation and Definitions
For Ships' Crews described in Annex C:
(a) "Day" in relation to employee means the twenty-four (24) hour period during which that employee is normally required to perform the duties of his/her position and commences at the designated crew change time.
(b) "Day of rest" in relation to an employee means the twenty-four (24) hour period during which that employee is not ordinarily required to perform the duties of his/her position other than by reason of the employee being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at designated crew change time or immediately following a preceding day of rest in any unbroken period of consecutive and contiguous days of rest.
For employees described in Hours of Work and Overtime paragraph (c) of this Annex:
(c) "Day" in relation to an employee means the twenty-four (24) hour period during which that employee is normally required to perform the duties of his/her position and commences at 00:00.
(d) "Day of rest" in relation to an employee means the twenty-four (24) hour period during which that employee is not ordinarily required to perform the duties of his/her position other than by reason of the employee being on leave, absent from duty without permission or by reason of that being a holiday, and commences at 00:00.
2.01 Vacation Leave
(a) An employee shall earn vacation leave credits at the rate prescribed for his or her years of continuous employment, as set forth in Vacation Leave with Pay, for each calendar month for which he receives at least eighty (80) hours' pay.
(b) An employee shall have his or her accrued hours of vacation leave with pay adjusted to an hourly credit by multiplying the number of hours under Vacation Leave With Pay by a factor of one decimal four-seven (1.47).
(c) Should an employee leave the Ships' Crews Group or the Annex C operating system, the credits will be converted to hours by applying the above formula in reverse.
2.02 Vacation Leave With Pay
Vacation leave with pay shall be granted on an hourly basis in accordance with Article 34.01(c).
3. Sick Leave With Pay
(a) An employee shall earn sick leave credits at the rate prescribed in General - Sick Leave With Pay, for each calendar month for which the employee receives at least eighty (80) hours pay.
(b) An employee shall have his/her accrued sick leave with pay converted by multiplying the number of sick leave credits earned by a factor of one decimal zero five (1.05).
(c) Should an employee leave the Ships' Crews Group or the Annex C operating system, the credits will be converted to hours by applying the above formula in reverse.
(d) Sick Leave With Pay shall be granted on an hourly basis. in accordance with Article 34.01(c).
(e) Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of Sick Leave With Pay may, at the discretion of the Employer, be granted for a period of up to two hundred and ten (210) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the employee.
4. Meals and Quarters
Notwithstanding clauses 7.01, 7.02 and 7.03 but subject to clause 7.06 of General - Meals and Quarters, when an employee is required by the Employer to attend legal proceedings, training or other such work related activities, the Employer reserves the right, where in its opinion circumstances warrant, to reimburse actual and reasonable costs incurred for meals and/or lodging, where such costs exceed the amounts in clauses 7.01, 7.02 or 7.03.
5. Severance Pay
For the purpose of this article, 'weekly rate of pay' means the employee's hourly rate of pay set out in Annex A multiplied by forty-three (43), applying to the employee's classification, as shown in the instrument of appointment.
6. Hours of Work and Overtime
6.01 Hours of Work
(a) To meet operational requirements, hours of work may be designated so that employees work an average of forty-two (42) hours per week.
(b) Except as provided in paragraph (c) below employees shall be entitled to compensation at time and one-half (1 1/2) for hours worked in excess of forty (40) hours per week but not exceeding the average of forty-two (42) hours per week.
(c) The following conditions apply to employees employed on fire tugs or assigned to DND security watch patrols or assigned as Coast Guard Rescue Centre Watchkeepers:
(i) subject to General, Overtime compensation, but notwithstanding any other provisions of this Agreement employees shall be entitled to compensation at time and one half (1 1/2) for hours worked in excess of an average of forty (40) hours per week.
(d) Employees subject to paragraphs (a) and (b) above may leave the vessel after receiving permission from the Master.
6.02 In the case of vessels engaged primarily in Search and Rescue operations, employees shall be available to return to the vessel within thirty (30) minutes. In the case of vessels whose primary function is not Search and Rescue, employees shall be available to return to vessel within one (1) hour.
6.03 Other than for Search and Rescue and Fire Tug response operations, the Employer shall endeavour to provide twenty-four (24) hours notice of any change in scheduled workday starting time.
6.04 Overtime Compensation
(a) When an employee is required to work continuously without a break of at least six (6) hours, he/she shall continue to be compensated at double (2) time for hours worked provided:
(i) the employee has worked more than twenty (20) hours in any period of twenty-four (24) consecutive hours for employees who normally work a twelve (12) hour day.
(b) An employee subject to Hours of Work paragraphs 6.01(a) and (b) above is entitled to compensation at double (2) time on alternate days on which he/she works, beginning with the first (1st) day on which he/she works, in any unbroken period of consecutive days of rest.
(c) All overtime earned, all compensation earned for performing security duty, and all compensation earned for work on a designated paid holiday shall accumulate as compensatory leave.
Compensation earned pursuant to this article that accumulates as compensatory leave is subject to the provisions of 2.03(f)(ii) of this Appendix.
Such accumulated compensatory leave shall be held in reserve to be liquidated in leave or cash at the request of the employee and the discretion of the Employer.
7. Compensation for Work on a Holiday
Where an employee works on a holiday, the employee shall be entitled, in addition to the eight (8) hours pay the employee would have been granted had the employee not worked on the holiday, to compensation at the rate of:
(a) time and one-half (1 1/2) for all hours worked up to eight (8) hours;
and
(b) double (2) time for hours worked in excess of the eight (8) hours of work;
or
(c) where an employee works on a holiday contiguous to a day of rest on which the employee has also worked and received overtime in accordance with the Appendix G Specific provisions (Ships' Crew) Overtime Compensation clause, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, double (2) time for hours worked.
Annex D
46.6 Hour Averaging Work System
1. General
Class 400 vessels will operate under this work system and shall not be placed under another work system except by mutual agreement between the parties.
2. Interpretations and Definitions
(a) "Day" in relation to an employee means the twenty four (24) hour period during which that employee is normally required to perform the duties of his/her position and commences at the designated crew change time.
(b) "Day of rest" in relation to an employee means the twenty-four (24) hour period during which that employee is not ordinarily required to perform the duties of his/her position other than by the reason of the employee being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at designated crew change time or immediately following a proceeding day of rest in any unbroken period of consecutive and contiguous days of rest.
3. Vacation Leave with Pay
3.01 An employee shall earn vacation leave credits at the rate prescribed for his/her years of continuous employment, as set forth in Article 35 of the Collective Agreement, for each calendar month for which he/she receives at least ninety-three (93) hours pay.
3.02 An employee shall have his/her accrued hours of vacation pay adjusted to an hourly credit by multiplying the number of hours under Article 20 by a factor of one decimal six thousand two hundred and seventy-five (1.6275).
3.03 Should an employee leave the Ships' Crew group or the Annex D operating system the employee's credits will be converted to hours by applying the formula in reverse.
3.04 Vacation Leave
Vacation leave with pay shall be granted on an hourly basis in accordance with Article 34.01(c).
4. Sick Leave with Pay
(a) An employee shall earn sick leave credits at the rate prescribed in General, Sick Leave With Pay, for each calendar month for which the employee receives at least ninety-three (93) hours pay.
(b) An employee shall have his/her accrued sick leave credits with pay converted by multiplying the number of sick leave credits by a factor of 1.165.
(c) Should an employee leave the Ships' Crew group or the Annex D operating system the employee's credits will be converted to hours by applying the formula in reverse.
(d) Sick Leave With Pay shall be granted on an hourly basis, in accordance with Article 34.01(c).
(e) Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of Sick Leave With Pay may, at the discretion of the Employer, be granted for a period of up to two hundred and thirty-three (233) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the employee.
5. Article 25 - Meals and Quarters
Notwithstanding clauses 7.01, 7.02 and 7.03, but subject to clause 7.06 of the General – Meals and Quarters clause when an employee is required by the Employer to attend legal proceedings, training or other such work related activities, the Employer reserves the right, where in its opinion circumstances warrant, to reimburse actual and reasonable costs incurred for meals and/or lodging, where such costs exceed the amounts in 7.01, 7.02 or 7.03.
6. Article 29 - Severance Pay
For the purpose of this article "weekly rate of pay" means the employee's hourly rate of pay, as set out in Annex A multiplied by forty-six (46), applying to the employee's classification, as shown in the instrument of appointment.
7. Hours of Work and Overtime
7.01 To meet operational requirements:
(a) An employee's regular hours shall be a combination of hours worked and hours on "on call" duty which shall average twenty-eight (28) hours of work and fifty-six (56) hours of "on call" duty per week and for pay purposes be equivalent to an average of forty-six decimal six (46.6) straight-time hours per week.
An employee on "on call" duty shall be entitled to compensation at one-sixth (1/6) of his straight-time rate for each completed one-half (1/2) hour of "on call" duty.
When an employee is required to perform work, "on call" duty pay shall not apply.
(b) An employee must be available for work at all times while on "on call" duty.
(c) During the "on call" duty hours, ships' personnel must be in a position to respond to a Search and Rescue (SAR) call within thirty (30) minutes.
Other than for Search and Rescue response operations, the Employer shall endeavour to provide twenty-four (24) hours notice of any change in scheduled workday starting time.
Overtime Compensation
(d) An employee who is required to work overtime on his or her scheduled workday is entitled to compensation at time and one-half (1 1/2) for the first eight (8) consecutive hours of overtime worked and double (2) time for all overtime hours worked in excess of eight (8) consecutive hours of overtime in any contiguous period.
(e) When an employee is required to work continuously without a break of at least six (6) hours, the employee shall continue to be compensated at double (2) time for hours worked provided he/she has worked more than sixteen (16) hours in any one period of twenty-four (24) consecutive hours for employees who normally work an eight (8) hour day.
(f) All overtime earned, all compensation earned for performing security duty, and all compensation earned for work on a designated paid holiday shall accumulate as compensatory leave.
Compensation earned pursuant to this article that accumulates as compensatory leave is subject to the provisions of 2.03(f)(ii) of this Appendix.
Such accumulated compensatory leave shall be held in reserve to be liquidated in leave or cash at the request of the employee and the discretion of the Employer.
(g) When an employee commences compensatory leave, such leave shall be granted at the sub-group and level at which it is earned and at the rate of pay for that sub-group and level in effect on the day on which the compensatory leave is granted. Compensatory leave will be liquidated in the order in which it is earned, commencing with the earliest accrued credits.
(h) An employee is entitled to compensation at double (2) time on alternate days on which the employee works, beginning with the first (1st) day on which he/she works, in any unbroken period of consecutive days of rest.
8. Compensation for Work on a Holiday
Where an employee works on a holiday, the employee shall be entitled, in addition to the eight (8) hours pay the employee would have been granted had the employee not worked on the holiday, to compensation at the rate of:
(a) time and one-half (1 1/2) for all hours worked up to eight (8) hours;
and
(b) double (2) time for hours worked in excess of the eight (8) hours of work;
or
(c) where an employee works on a holiday contiguous to a day of rest on which the employee has also worked and received overtime in accordance with the Appendix G Specific provisions (Ships' Crew) Overtime Compensation clause, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, double (2) time for hours worked.
Annex E
Lay-Day Work System
This is to confirm the understanding reached between the Employer and PSAC with respect to the operation of vessels, or other appropriate situations where the Employer deems that continuous operations are desirable, on the lay-day work system.
The Employer shall make every reasonable effort to allow an employee the option of electing not to serve on a lay-day system, if the employee does so in writing. The Employer will consider the employee's request by reviewing regional vacancies on vessels operating on crewing systems other than those on the lay-day system, and regional shore operations for which the employee may be qualified.
The number of vessels operating on the lay-day work system can be modified from time to time through consultation by the parties. Existing vessels not currently working on the lay-day work system, except for vessels defined in paragraphs (a) and (b) below, shall not be permanently placed on the lay-day system without the mutual consent of the Employer and the Public Service Alliance of Canada.
(a) any vessels not currently on the lay-day manning system where the crew of the vessel has been dispersed throughout the fleet;
(b) any vessel not currently on the lay-day manning system where the crew have been offered an alternate position at the same classification and level on another vessel in the same home port unless otherwise agreed between the Employer and the employee.
Notwithstanding the provisions of he Ships Crews General Provisions, the following conditions shall apply:
1. General
(a) Subject to operational requirements, the Employer will operate the selected vessels on a lay-day system. Under this system, all days will be considered as working days and there will be no days of rest.
(b) "Day" in relation to an employee means the twenty-four (24) hour period during which that employee is normally required to perform the duties of his/her position and commences at the designated crew change time.
(c) "Lay-Day" means a day off work with pay to which an employee becomes entitled by working on the Lay-Day Work System for a number of days. A lay-day shall be considered a part of the work cycle and as such is not considered as a day of authorized leave with pay.
(d) Employees will be informed of the anticipated work schedule for the operational year. Employees will be notified of changes to the anticipated work schedule at the earliest possible time. Normally, employees will receive two (2) months notice of changes to the anticipated work schedule, with a minimum of fourteen (14) days notice.
(e)
(i) The workday will consist of an on-duty-cycle of twelve (12) hours of work per day. For each day worked or for each on-duty-cycle day on which an employee is on authorized leave with pay other than compensatory leave and vacation leave with pay, an employee shall earn one decimal seventeen (1.17) lay-day in addition to the employee's lay-day pay.
(ii) The lay day to which subparagraph (e)(i) refers shall be one decimal thirty-six (1.36) for an employee working on vessels operating in accordance with the scheduling arrangement otherwise known as 10-2-1.
(f) In order to maintain the employee's weekly rate of pay, the employee must either:
(i) work,
(ii) be on lay-days,
or
(iii) be on authorised leave with pay.
(g) In the event that an employee does not work and is neither on lay-days nor on authorised leave with pay, his regular pay shall be deducted by an amount equal to his lay-day rate of pay for each day's absence, unless the employee has received an advance of lay-day credits.
(h)
(i) It is recognised that lay-days are intended to be taken as time off work with pay. However, in cases of termination of employment or permanent appointment to a position that is not on a vessel operating on the lay-day system, or is not within the same department or region, lay-days shall be paid in cash.
(ii) Notwithstanding (h)(i), at the request of the employee and with the concurrence of the Employer, lay-days may be converted into compensatory leave at the cash value equivalent to the lay-day rate of pay.
(iii) Lay-days that accumulate as compensatory leave are subject to the provisions of 2.03(f)(ii) of this Appendix.
(iv) Earned lay-days paid in cash pursuant to (h)(i) will be equal the lay-day rate of pay multiplied by one decimal five (1.5).
2. Advancement of Lay-Day Credits
At the Employer's discretion, lay-day credits may be advanced to an employee, subject to the deduction of such advanced credits from any lay-day credits subsequently earned.
In the event of termination of employment for reasons other than death or lay-off, the Employer shall recover the advance from any monies owed the employee.
3. Leave - Interpretation
Sick Leave With Pay and Injury on Duty Leave can only be granted during the on-duty cycle.
4. Administration
(a) Lay-day credits shall be accumulated at the rate of pay for the sub-group and level at which they are earned.
(b) Lay-day credits may be prorated on the basis of the hours in the normal work day.
(c) Lay-days which have been displaced by vacation leave may be paid out at the direction of the Employer. The employee will have the option of converting these days to either cash or compensatory leave. When cash is chosen by the employee, lay-days so displaced will be paid in cash at the lay-day rate of pay multiplied by one decimal five (1.5) lay-days displaced by vacation leave will be paid in cash at the lay-day rate of pay multiplied by two decimal zero (2.0).
(d) An employee who has reported for work without being notified not to report, and remains ashore waiting to board his or her vessel for crew change, shall be considered to be at work and is entitled to meals and quarters under General, Meals and Quarters.
(e) Where the Employer alters the scheduled "off-cycle" the Employer shall reimburse the employee's non-refundable portion of travel contracts or reservations made by the employee with respect to that period, subject to the presentation of such documentation as the Employer may require. The employee will make every reasonable attempt to mitigate any loss incurred and will provide proof of such action to the Employer.
(f) At the request of the employee and with the concurrence of the Employer, compensation earned in accordance with Designated Holidays, may be converted into compensatory leave.
5. Vacation Leave With Pay
(a) For the purpose of granting vacation leave for employees subject to the lay-day system, in accordance with this Annex, all vacation leave credits for employees entering or in the lay-day system will be multiplied by a factor of two decimal one (2.1)*. For employees leaving the system, vacation leave credits will be adjusted by reversing the factor.
(b) Vacation Leave
Vacation leave with pay shall be granted on an hourly basis, with the hours debited for each day of vacation leave being equal to twelve (12) hours per day.
6. Designated Holidays
(a) For each designated holiday for which an employee does not work, the employee shall receive his regular pay for that day plus eight (8) hours pay at the straight-time rate, and a lay-day will be deducted from the employee's lay-day bank.
(b) For each designed holiday for which an employee is required to, and does work:
(i) an employee shall receive, in addition to his regular pay and lay-day factor, the cash equivalent to two decimal fifty (2.50) lay-days;
(ii) an employee shall be entitled to be compensated in accordance with the overtime compensation clause below, for work performed on a designated holiday in excess of twelve (12) hours.
(c) For each designated holiday for which an employee is scheduled to work, but is granted the designated paid holiday off, the employee will receive his/her regular lay-day pay and his/her lay-day credit for that day. A lay-day credit will not be deducted from the employee lay-day bank and the employee will not be entitled to any additional pay.
(d) At the request of the employee and with the concurrence of the Employer, compensation earned in accordance with paragraphs (a) and (b) above, may be converted into compensatory leave.
Compensation earned pursuant to this Annex that accumulates as compensatory leave is subject to the provisions of 2.03(f)(ii) of this Appendix.
Such accumulated compensatory leave shall be held in reserve to be liquidated in leave or cash at the request of the employee and the discretion of the Employer.
7. Sick Leave with Pay
(a) An employee shall earn sick leave credits at the rate prescribed in clause 5.01 of the General Provisions - Sick Leave With Pay for each calendar month for which the employee receives at least two (2) weeks pay.
(b) An employee shall have his/her accrued sick leave with pay converted to by multiplying the number of sick leave credits earned by 2.1.
(c) For employees leaving the system, sick leave credits will be adjusted by reversing the factor.
(d) Sick Leave With Pay shall be granted on an hourly basis, with the hours debited for each day of sick leave being equal to twelve (12) hours per day.
(e) Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of Sick Leave With Pay may, at the discretion of the Employer, be granted for a period of up to three hundred (300) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the employee.
8. Severance
For the purpose of the article, Weekly rate of pay means the employee's lay-day rate of pay as set out in the Ships' Crew rates of pay Annex, multiplied by seven (7), applying to the employee's classification, as shown in the instrument of appointment.
9. Travelling
An employee subject to this Annex who travels on a lay-day in accordance with the provisions of the Collective Agreement is entitled to Travelling Time in accordance with the provisions of Article 33 and clause 11 of this Appendix.
10. Hours of Work and Overtime
10.01 Overtime compensation will be subject to:
(a) Appendix G - General - except that subparagraphs (d)(ii) and (d)(iii) shall not apply;
and
(b) an employee shall be entitled to compensation at time and one-half (1 1/2) for overtime worked in excess of his/her regularly scheduled hours of work, except when an employee works more than eighteen (18) consecutive hours without six (6) consecutive hours of rest, he shall be paid at the double (2) time rate for all hours in excess of eighteen (18) hours;
(c) an employee shall be entitled to compensation at time and one-half (1 1/2) for overtime worked in excess of his/her regularly scheduled hours of work. An employee shall be entitled to compensation at double (2) time for overtime work of more than six (6) hours in excess of his/her regularly scheduled hours of work.
10.02 An employee may leave the vessel after receiving permission from the Master/Commanding Officer.
10.03 In the case of vessels assigned primarily to Search and Rescue operations, employees shall be available to return to the vessel within thirty (30) minutes. In the case of vessels whose primary function is not Search and Rescue employees shall be available to return to the vessel within one (1) hour.
10.04 All overtime earned and all compensation earned for performing security duty, shall accumulate as compensatory leave.
Compensation earned pursuant to this Annex that accumulates as compensatory leave is subject to the provisions of 2.03(f)(ii) of this Appendix.
Such accumulated compensatory leave shall be held in reserve to be liquidated in leave or cash at the request of the employee and the discretion of the Employer.
10.05 When an employee commences compensatory leave, such leave shall be granted at the sub-group and level at which it is earned and at the rate of pay for that sub-group in effect on the day on which the compensatory leave is granted.
11. Non-Watchkeeping Vessels
(a) Standby
Where the Employer requires an employee working on "Non-watchkeeping" vessels to be available on standby during off duty hours, an employee shall be entitled to standby payment of one (1) hours of pay, at the straight time rate, for each eight (8) hours, or part thereof, that he/she is on standby.
(b) Hours of Work
Hours of work for non-watchkeeping vessels shall be consecutive.
Letter of Understanding
Between the
Treasury Board
and the
Public Service Alliance of Canada
This letter is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in negotiations for the renewal of the Operational Services Collective Agreement.
Accordingly, pursuant to Article 21 Joint Consultation, the Canadian Coast Guard Management representatives will consult with the Alliance prior to placing a vessel on the scheduling arrangement otherwise known as 10-2-1.
Except in cases of emergency or other unforeseeable circumstances, the Canadian Coast Guard Management will endeavour to provide as much notice as possible prior to placing vessels on the above noted scheduling arrangement.
Annex F
Dirty Work Allowance
1. When an employee is required to:
(a) clean or work in bilges and spaces below the bottom floor plates for periods in excess of fifteen (15) minutes.
or
(b) clean boiler tubes or repair and maintain ships' sewage disposal tanks and associated piping, pumps and valves, or clean on top of boilers while steam pressure is being maintained, or clean inside water tanks, or clean inside oil tanks that have contained oil, or perform spray painting or sand blasting in void or confined areas, or work in the fire side of boiler furnaces combustion chambers or in air heater spaces.
or
(c) come in physical contact with the pollutant while engaged in the cleaning up of oil spills in excess of two hundred (200) litres which resulted from a marine disaster, mechanical failure, bunkering or fuel transfer operations.
or
(d) repair or maintain the ships' grey water system including holding tanks, associated piping pumps, and valves provided the employee is required to come into direct contact with the grey water. Cleaning of clogged drains shall not constitute dirty work.
the employee shall receive, in addition to the appropriate rate of pay, an additional one-half (1/2) the employee's straight-time rate for every fifteen (15) minute period, or part thereof, worked.
2. All of the foregoing duties must have the prior approval of the Master before work is commenced.
**Annex G
Special Allowances
Ships' Crews with specialized training and qualifications shall receive the following allowance in accordance with the conditions set out for each allowance.
Rescue Specialist Allowance
An employee who completes the required training and becomes a Certified Rescue Specialist shall receive a monthly allowance of one hundred and thirty dollars ($130) for each month the employee maintains such certifications and is assigned to a sea going position where the employee may be required by the Employer to perform such duties.
Fisheries Enforcement Allowance
An employee who completes the required training in Fisheries Enforcement shall receive a monthly allowance of two hundred and fifty dollars ($250) for each month the employee maintains such certifications and is assigned to a sea going position where the employee may be required by the Employer to participate in enforcement duties.
An employee who is directly engaged in operating (driving) the ship's Rigid Hull Inflatable (RHI) for transportation of personnel engaged in Fisheries Enforcement activities, shall receive a daily allowance of fifteen dollars ($15), when directly participating in this activity.
Armed Boarding Allowance
An employee, once qualified, shall be paid a monthly allowance of one hundred and fifty dollars ($150) for each month the employee is assigned to a sea going position on selected Offshore Patrol Vessels of the Department of Fisheries and Oceans, which carry special armaments for the purpose of enforcement duties, where the employee may be required by the Employer to participate in armed boarding activity.
**
Diving Duty Allowance
A qualified employee who is required to perform diving duties and maintain diving equipment on vessels shall be entitled to receive an allowance of seven hundred dollars ($700) per year. This allowance shall be paid on the same basis as that for the employee's regular pay.
General
1. Ships' Crew must maintain their qualifications on a continuing basis.
2. These allowances shall form part of pay for the purposes of Severance Pay.
Annex H
Granting of Days Off
For the duration of the this collective agreement the Employer recognizes the desirability of granting days off at such times and in such locations so as to provide an employee the opportunity to enjoy the employee's days off preferably at home, or if not at home, in a community which affords the employee a recreational outlet.
The Employer shall designate a home port for each employee, and subject to operational requirements the Employer undertakes the following:
1. The Employer will grant an employee compensatory leave in the employee's home port unless otherwise mutually agreed.
2. The Employer will grant days of rest to an employee either:
(a) in the employee's home port.
(b) when in the opinion of the Employer an employee is within reasonable travelling distance from the employee's place of residence or the employee's home port.
(c) in a location which, in the opinion of the Employer provides adequate recreational facilities.
(d) in any other location which might be agreeable to both the Employer and the employee.
3. When 2 above does not apply an employee shall work on the employee's day of rest at the applicable overtime compensation or, if in the opinion of the Employer sufficient work is not available and the employee does not work the employee shall be granted one-half (1/2) day of compensation. If the employee works less than a day he/she shall receive a minimum of four-(4) hours' pay at the applicable premium rate.
Annex I
Training
This Annex is in respect of the application of training for employees working under Annexes C, D and E.
Definition
Training refers to an activity where the Employer has determined that such training is necessary or will assist the employee in carrying out his/her assigned duties.
The following activities shall be deemed to be training:
(a) a course given by the Employer.
(b) a course offered by a recognized academic institution.
(c) a seminar convention or study session in a specialized field directly related to the employee's work.
Training is divided into short and long term. Short-term training is any training scheduled to be twenty-eight (28) days or less in duration and long term is that which is scheduled to be longer in duration than twenty-eight (28) days.
Short Term Training
For short term training the employee shall remain in their normal "work cycle". In those periods where the employee is undertaking training during the normally scheduled off duty portion of the work cycle the employee will be compensated for the scheduled training period at their straight time rate of pay.
Long Term Training
For long term training the employee shall be temporarily removed from their work system and shall work, and be compensated, in accordance with Annex B.
Other
Employees on training under Annex B will be compensated for the scheduled training period at their straight time rate of pay.
Employees on training shall be reimbursed for all reasonable travel expenses incurred.
Annex J
Compensatory Leave
For the duration of this Collective Agreements the Alliance and the Employer mutually recognize the benefit to all parties of employees accumulating compensatory leave in anticipation of non-operational and/or off duty periods.
Failure to accumulate sufficient compensatory leave credits to cover the anticipated periods could lead to employees being placed on off-duty status, resulting in loss of pay for all or a portion of the non-operational period.
Accordingly employees are encouraged to accumulate and retain compensatory leave credits sufficient to cover:
(1) periods during which the vessel will be non-operational by reason of refit, repair, seasonal lay-up;
and,
(2) periods during which the employee is not required to work in accordance with a rotational or relief crew system.
To facilitate such accumulation of such compensatory leave, the Employer undertakes to provide employees with as much notice as possible of the periods referred to in paragraphs (1) and (2) above.
The Employer also recognizes the desirability of permitting employees to accumulate compensatory leave credits in excess of three hundred (300) hours for purposes such as seasonal lay-up, educational purposes and other reasonable requests. In the event that such an accumulated compensatory leave is not used for the purpose requested it shall be liquidated in cash.