The following Appendices B, C, D, E and F shall be effective on the date of signature of this collective agreement.
This is to confirm an understanding reached between the Employer and the Union with respect to the administration of Designated Paid Holidays as stipulated in Article 20.07 of the collective agreement for certain Operating officers.
Article 20.07(a) stipulates as follows:
On April 1st of each year each officer shall be credited with one hundred and thirty-two (132) hours in lieu ("lieu hours") of designated holidays;
The parties agree that the value of a single designated holiday is to be calculated by dividing the total number of annual lieu hours by the total number of holidays in a year (132 /11 = 12 hours).
Operating officers on leave without pay, educational leave or under a suspension:
For Operating officers who are on leave without pay, educational leave or under a suspension, twelve (12) hours will be deducted from the bank of "lieu" hours for each holiday which occurs during the period of leave without pay, educational leave or suspension, in accordance with the value of a single designated paid holiday as established in the above paragraph.
Based on the above formula, seasonal officers will be credited with twelve (12) hours in their lieu hours bank for each designated paid holiday which occurs during their period of seasonal employment. For each lieu day subsequently taken, the officer's bank will be deducted on the basis of the officer's regularly scheduled hours of work.
Operating officers temporarily assigned to Non-Operational duties:
For Operating officers who are temporarily assigned to Non-Operating positions and who are thereby in a position to enjoy the designated paid holiday, twelve (12) hours will be deducted from the bank of "lieu" hours for each holiday during the temporary assignment, in accordance with the value of a single designated paid holiday as established in the above paragraph. Non-Operating Radio Operators who are temporarily assigned operational duties will be credited with twelve (12) lieu hours for each holiday occurring during their assignment to operational duties.
This is to confirm an understanding reached between the Employer and the Union with respect to officers who perform the duties of an instructor at the Canadian Coast Guard College, Sydney, Nova Scotia.
Notwithstanding the provisions of this collective agreement, the following shall apply to officers who perform the duties of an instructor at the Canadian Coast Guard College, Sydney, Nova Scotia.
Instructors shall not be required to provide classroom or similar instruction in excess of an average of twenty (20) hours per week, averaged over a four (4) month period.
Instructors shall be granted a pedagogical break which will include all calendar days between December 25 and January 2, inclusively. During this period, instructors are entitled to thirty (30) hours of leave with pay, in addition to three (3) designated paid holidays, as provided for under clause 20.01 of this Agreement.
Should January 2 coincide with an instructor's day of rest or with a day to which a designated paid holiday has been moved, this day shall be moved to the instructors first scheduled working day following the pedagogical break.
If an instructor performs authorized work during the pedagogical break on a day other than a designated paid holiday or a normal day of rest, the instructor shall receive compensation based on his or her normal daily rate of pay, in addition to his or her usual pay for the day.
The Employer and the Union agree that for those officers to whom the provisions of clause 02 of Article 21, Hours of Work, apply, the provisions of the collective agreement which specifies days shall be converted to hours. Where the collective agreement refers to a "day", it shall be converted to seven decimal five (7.5) hours.
For greater certainty, the following provisions shall be administered as provided herein:
For the purposes of this Memorandum of Agreement "calendar week" means the one hundred and sixty-eight (168) hour period commencing at 00:01 Sunday and terminating at 24:00 Saturday.
Clause (e) "daily rate of pay" - shall not apply.
Officers shall have their accrued days of vacation, sick and lieu day credits converted to hours of credits by multiplying the number of days by seven decimal five (7.5). When an officer ceases to be subject to this Memorandum of Agreement his credits will be converted to days by dividing the number of hours by seven decimal five (7.5) and adjusting it upwards to the nearest half-day.
Clause 16.02 shall not apply and shall be replaced by:
For each calendar month of a fiscal year in which an officer has earned pay for at least seventy-five (75) hours at his hourly rate of pay, he shall earn vacation leave credits at the rate of:
When an officer 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 leave with pay to his credit by the hourly rate of pay as calculated from the classification prescribed in his certificate of appointment on the date of the termination of this employment, except that the Employer shall grant the officer any vacation leave earned but not used by him before the employment is terminated by layoff if the officer so requests because of a requirement to meet minimum service requirements for severance pay.
Clause 17.01 shall not apply and shall be replaced by:
17.01 For each calendar month of a fiscal year in which an officer receives pay for at least seventy-five (75) hours at his hourly rate of pay, he shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours at his hourly rate of pay for each month.
Clause 17.04 shall not apply and shall be replaced by:
17.04 Where an officer has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 17.02, sick leave with pay may, at the discretion of the Employer, be granted:
20.08 A designated paid holiday shall account for seven decimal five (7.5) hours only. When a designated paid holiday falls on a workday, or is moved to a workday under the provisions of clause 20.03, of an officer to whom the provisions of clause 21.02 apply, the officer shall be required to account by work or by authorized leave with pay for thirty (30) hours at his hourly rate of pay in the calendar week in which the designated paid holidays are observed.
20.09 When two (2) designated paid holidays fall on two (2) workdays in the same calendar week, or are moved to two (2) workdays in the same calendar week under the provisions of clause 20.03, of an officer to who, the provisions of clause 21.02 apply, the officer shall be required to account by work or buy authorized leave with pay for twenty-two decimal five (22.5) hours at his hourly rate of pay in the calendar week in which the designated paid holidays are observed.
Paragraph 22.01(b) shall not apply and shall be replaced by:
This Memorandum of Agreement shall be effective on the date of signing and shall expire on April 30, 2014.
The parties agree that it may be operationally advantageous to implement work schedules for operating officers that vary from clause 21.03. Accordingly, the Employer agrees to consult with the Union during the currency of this Collective Agreement in order to consider the practicability of instituting such work schedules on a trial basis.
It is further agreed that the implementation of any such variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation nor shall the Employer's right to schedule any hours of work permitted by the terms of the collective agreement be restricted.
Notwithstanding the provisions of the RO Collective Agreement, the Treasury Board and the Union agree that special hours of work arrangements may be implemented at certain work units of Department of Fisheries and Oceans where officers work on a rotating or irregular shift basis, subject to all of the following considerations:
Where the above special arrangements are implemented the following provisions shall apply:
This Memorandum of Agreement shall be effective on the date it is signed and shall expire on April 30, 2014.
The parties agree to re-establish a joint study group comprised of equal representation to meet once every fiscal year. The study group will review issues of concern pertaining to learning and professional development as well as assess any specific or global needs of Marine Communications and Traffic Service officers which may be jointly referred to it by the parties.
The committee will submit its findings and its recommendations to the parties within ninety (90) days of its annual meeting.
Time spent by the members of the joint study group shall be considered time worked. All other costs will be the responsibility of each party.
This memorandum is to give effect to the agreement reached between the Employer and the CAW Local 2182 in respect of employees in the Radio Operations bargaining unit.
The Employer is committed to engaging in meaningful consultation with the Union with respect to the development of a national policy within the Department of Fisheries and Oceans pertaining to the accumulation and use of compensatory time by members of the bargaining unit. The policy should also incorporate the content of the letter of understanding concerning seasonal employees and the accumulation of compensatory credits that came into effect by means of a memorandum dated April 28, 2003.
The Employer is further committed to the implementation of said national policy within four (4) months of the date of signing of the collective agreement.
The agreement cannot be interpreted as a guarantee that a consensus can be reached on any of the outcomes of the consultation themselves.
The parties agree that there is to be consultation between the parties before any formal classification review of the RO group takes place. It is further agreed that, in the event that no review is scheduled to begin during the life of this collective agreement, the union shall be informed as such before expiration of this collective agreement.
January 10, 2003
CAW, Local 2182
207 Bellevue Street
RE: Radio Operations Group
Informal Complaint Process
This letter is to give effect to the understanding reached between the Employer and the Union in negotiations for the renewal of the Radio Operations Collective Agreement.
The parties acknowledge the mutual benefits of discussing an employee's complaint. As such they will encourage discussions to take place prior to the presentation of a formal grievance in accordance with clause 34.05. These discussions should include the employee, his representative where requested and the Employer's representative designated to respond to grievances at the first level of the grievance procedure.
F. R. Jamieson
Labour Relations and
Treasury Board Secretariat