Ships' Officers (SO) 410


**Appendix "D"

SO - Ships' Officers Group
Rates of Pay

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

Table Legend

Instruction Sub-Group


SO-INS-1 - Annual Rates of Pay
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$) April 1, 2010 71386 74243 77211 80298 83511 86854 90327 93940
A) April 1, 2011 72635 75542 78562 81703 84972 88374 91908 95584
B) April 1, 2012 73725 76675 79740 82929 86247 89700 93287 97018
C) April 1, 2013 75200 78209 81335 84588 87972 91494 95153 98958

SO-INS-1 - Weekly Rates of Pay
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$) April 1, 2010 1368.18 1422.93 1479.82 1538.98 1600.56 1664.64 1731.20 1800.44
A) April 1, 2011 1392.12 1447.83 1505.71 1565.91 1628.56 1693.77 1761.50 1831.95
B) April 1, 2012 1413.01 1469.55 1528.29 1589.41 1653.00 1719.18 1787.93 1859.44
C) April 1, 2013 1441.28 1498.95 1558.86 1621.21 1686.06 1753.56 1823.69 1896.62

SO-INS-1 - Hourly Rates of Pay
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$) April 1, 2010 34.20 35.57 37.00 38.47 40.01 41.62 43.28 45.01
A) April 1, 2011 34.80 36.20 37.64 39.15 40.71 42.34 44.04 45.80
B) April 1, 2012 35.33 36.74 38.21 39.74 41.33 42.98 44.70 46.49
C) April 1, 2013 36.03 37.47 38.97 40.53 42.15 43.84 45.59 47.42

SO-INS-2 - Annual Rates of Pay
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$) April 1, 2010 77239 80327 83540 86883 90357 93969 97728 101637
A) April 1, 2011 78591 81733 85002 88403 91938 95613 99438 103416
B) April 1, 2012 79770 82959 86277 89729 93317 97047 100930 104967
C) April 1, 2013 81365 84618 88003 91524 95183 98988 102949 107066

SO-INS-2 - Weekly Rates of Pay
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$) April 1, 2010 1480.35 1539.54 1601.12 1665.19 1731.77 1801.00 1873.05 1947.96
A) April 1, 2011 1506.27 1566.49 1629.14 1694.32 1762.07 1832.51 1905.82 1982.06
B) April 1, 2012 1528.86 1589.98 1653.58 1719.74 1788.50 1859.99 1934.41 2011.79
C) April 1, 2013 1559.43 1621.78 1686.66 1754.14 1824.27 1897.19 1973.11 2052.02

SO-INS-2 - Hourly Rates of Pay
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$) April 1, 2010 37.01 38.49 40.03 41.63 43.29 45.03 46.83 48.70
A) April 1, 2011 37.66 39.16 40.73 42.36 44.05 45.81 47.65 49.55
B) April 1, 2012 38.22 39.75 41.34 42.99 44.71 46.50 48.36 50.29
C) April 1, 2013 38.99 40.54 42.17 43.85 45.61 47.43 49.33 51.30

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


Appendix "E"

Canadian Coast Guard
Officer Cadets

  1. The provisions of Article 10, Check-off, Article 11, Officers' Representatives, Article 13, Information, Article 14, Information for Officers, Article 15, Provision of Bulletin Board Space, Article 18, Grievance Procedure, Article 22, Sick Leave With Pay, Article 26, Safety and Health, when an Officer Cadet is serving aboard a vessel during his sea training period, and Article 28, Marine Disaster, of the Ships' Officers Collective Agreement signed on June 26, 1991, shall apply to Canadian Coast Guard Officer Cadets.
  2. Canadian Coast Guard Officer Cadets shall continue to be provided with meals and quarters, either in cash or kind, in accordance with the policy of the Employer in effect on this date.
  3. Canadian Coast Guard Officer Cadets shall earn vacation leave at the rate of one and two-thirds (1 2/3) days per month, which leave may be scheduled by the Employer at any time during the academic year in which it is earned or during the summer immediately following. In addition, a cadet may be granted up to two (2) additional days per year for purposes of travel and may be reimbursed his/her actual and reasonable travelling expenses for one trip per year from his/her place of duty to the place of his/her permanent residence and return, less twenty-five dollars ($25.00).
  4. The Guild recognizes that, in accordance with the contract between Her Majesty the Queen and each officer cadet, a cadet has an obligation to complete his/her training at the Canadian Coast Guard College and to serve in Her Majesty's service for a minimum of four (4) years following graduation from the college. In the event that a cadet should withdraw or be removed from the cadet training plan or abandon his/her commitment to serve for four (4) years following graduation, the cadet may be required to repay the total amount of monthly allowance received by him/her less the allowance paid to him/her in the first six (6) months of the training period, or such lesser amount as Her Majesty may determine.
    **
  5. A Cadet shall receive a training allowance as set out below:
    See table note 1 1Monthly Allowance (in dollars)
    Duration April 1, 2013
    Return to table note 1 1(Arbitral Award - effective April 1, 2013)
    1st period
    (August 1st to June 30th)
    375
    2nd period
    (July 1st to June 30th)
    443
    3rd period
    (July 1st to June 30th)
    511
    4th period
    (July 1st to June 30th)
    581

    **
  6. Where a Cadet proceeds on sea training he/she shall receive, in addition to the allowance specified in paragraph 5 above, a monthly sea training allowance as set out below:
    See table note 2 2Monthly Sea Training Allowance (in dollars)
    Duration April 1, 2013
    Return to table note 2 2(Arbitral Award - effective April 1, 2013)
    1st Sea Training Period 1127
    2nd Sea Training Period 1602

This monthly sea training allowance shall be prorated on a calendar day basis if the sea training period does not start at the beginning of or terminate at the end of a calendar month. This monthly allowance shall be prorated on a calendar basis to take into account any time when the Cadet is on leave with or without pay.

The sea training allowance recognizes that a Cadet is required to undertake practical assignments during and outside normal hours.


Appendix "F"

Special Allowances

The Employer and the Canadian Merchant Service Guild agree that Officers with specialized training and qualifications shall receive the following allowance in accordance with the conditions set out for each allowance.

Rescue Specialist Allowance

**

Effective April 1, 2013, an officer who completes the required training and becomes a Certified Rescue Specialist shall receive a monthly allowance of one hundred and thirty-six dollars ($136) for each month the officer maintains such certification and is assigned to a sea going position where the officer may be required by the Employer to perform such duties.
(Arbitral Award – effective April 1, 2013)

Fisheries Enforcement Allowance

**

An officer who completes the required training in Fisheries Enforcement shall receive a monthly allowance of three hundred and six dollars ($306) for each month the officer maintains such qualifications and is assigned to a sea going position where the officer may be required by the Employer to participate in enforcement duties.
(Arbitral Award – effective April 1, 2013)

Armed Boarding Allowance

**

An officer, once qualified, shall be paid a monthly allowance of one hundred and eighty-four dollars ($184) for each month the officer 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 officer may be required by the Employer to participate in armed boarding activity.
(Arbitral Award – effective April 1, 2013)

Diving Duty Allowance

**

A qualified officer who is required to perform diving duties and maintain diving equipment on vessels shall be entitled to receive an allowance of eight hundred and fifty-eight dollars ($858) per year. This Allowance shall be paid on the same basis as that for the officer's regular pay.
(Arbitral Award – effective April 1, 2013)

Nuclear Emergency Response Team

**

Officers 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-six dollars ($156).
(Arbitral Award – effective April 1, 2013)

General

  1. Officers must maintain their qualifications on a continuing basis.
  2. These allowances shall form part of pay for purposes of Article 29 Severance Pay.

Appendix "G"

Extra Responsibility Allowance

This allowance is paid to officers described in this Appendix in recognition of the additional responsibilities involved in the performance of the regular duties of the position. This also recognizes that, notwithstanding the Hours of Work and Overtime provisions of the Agreement, the normal hours for Officers identified by this Appendix extend beyond those described by the Hours of Work and Overtime provisions.

**

  1. An officer assigned as Master/Commanding Officer or Chief Engineer on "C" Class Vessels and above, or as Master/Commanding Officer or Chief Engineer on Department of National Defence Glen Class tugs and "S" Class Torpedo and Ship Ranging Vessels, or as a DND Dockyard Pilot shall be paid an extra responsibility allowance based on the sub-group and level prescribed in his/her certificate of appointment, as follows:

    See table note 3 3Extra Responsibility Allowance (in dollars)
    Sub-Group and Level April 1, 2013
    Return to table note 3 3(Arbitral Award - effective April 1, 2013)
    SO-MAO-12 17,587
    SO-MAO-11 16,135
    SO-MAO-10 14,654
    SO-MAO-9 13,442
    SO-MAO-8 12,490
    SO-MAO-7 11,870
    SO-MAO-6 11,433
    SO-MAO-5 10,963
  2. The Employer may apply this Appendix to operations or vessels other than those listed in 1 above after consultation with the Guild.
  3. This extra responsibility allowance will continue to be paid to an officer assigned ashore for training purposes, or to a shore-based position on an acting basis or otherwise for any period up to a maximum of one-hundred and twenty (120) calendar days. The officer will continue to receive the allowance only if the monthly basic pay for the position to which he/she is temporarily assigned would be less than the basic monthly pay plus the extra responsibility allowance in his/her substantive position.
  4. An officer who is appointed to a position in a regional or relief pool is entitled to receive this extra responsibility allowance on the basis described in paragraph 1 during those periods which he/she is serving on a vessel
  5. Notwithstanding Appendix "H", an officer working under the Lay-Day Operational Crewing System, who is in receipt of the extra responsibility allowance is entitled to earn a prorated lay-day for work performed during the scheduled off-duty portion of the work cycle except for the time spent during crew changeover duties.
  6. The extra responsibility allowance shall be considered as part of pay for purposes of the Public Service Superannuation Act (PSSA), Disability Insurance (DI), the Public Service Management Insurance Plan (PSMIP) and Severance Pay (Article 29).
  7. This allowance shall be paid on the same basis as the officer's pay.

Appendix "H"

Lay-Day Operational
Crewing System

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the operation of vessels, or other appropriate situations where the Employer deems that continuous operations are desirable, on the lay-day crewing system.

The Employer shall make every reasonable effort to allow an officer the option of electing not to serve on a lay-day system, if the officer does so in writing.

The number of vessels operating on the lay-day crewing system can be modified from time to time through consultation by the parties.

Notwithstanding the provisions of the Ships' Officers Collective Agreement, the following conditions shall apply:

Lay-Days

General
  1. 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.
  2. "Lay-day" means a day off work with pay to which an officer becomes entitled by working on the Lay-Day Crewing 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.
    Officers will be informed of the anticipated work schedule for the operational year. Officers will be notified of changes to the anticipated work schedule at the earliest possible time. Normally, officers will receive two (2) months notice of changes to the anticipated work schedule, with a minimum of fourteen (14) days notice.
  3. The workday will consist 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 officer is on authorized leave with pay other than compensatory leave and vacation leave with pay, an officer shall earn one (1) lay-day in addition to the officer's Lay-Day rate of pay.

**

  1. An officer will be compensated at the applicable rate of pay as described in Appendix "A", "B" or "C" of the Ships' Officers Collective Agreement. Effective April 1, 2010, an officer will be compensated at the applicable rate of pay as described in Appendix "A", "B" or "C" of the Ships' Officers Collective Agreement. In order to maintain the officer's rate of pay, the officer must either:
    1. work,
    2. be on lay-days,
      or
    3. be on authorized leave with pay.
    In the event that an officer does not work and is neither on lay-days nor on authorized 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 officer has received an advance of lay-day credits.
  2. It is recognized that lay-days are intended to be taken as time off work with pay. Normally, lay-days shall be paid in cash in cases of termination of employment or permanent appointment to a position which is not on a vessel operating on the lay-day system, or is not within the same department or region. However, at the request of the officer and with the concurrence of the Employer, lay-days may be converted into compensatory leave.
    For the purpose of cashing in earned lay-days, a lay-day will equal the lay-day rate of pay multiplied by one decimal five (1.5).

Advancement of Lay-Day Credits

At the Employer's discretion, lay-day credits may be advanced to an officer, 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 officer.

Leave - Interpretation

Sick leave With Pay and Injury on Duty Leave can only be granted during the on-duty cycle.

Administration

  1. For greater clarity, a lay-day rate of pay is equivalent to six (6) hours of pay.
  2. Lay-day credits shall be accumulated at the rate of pay for the sub-group and level at which they are earned.
  3. Lay-day credits may be prorated on the basis of the hours in the normal work day.
  4. Lay-days which have been displaced by vacation leave may be paid out at the direction of the Employer. The officer will have the option of converting these days to either cash or compensatory leave. Lay-days displaced by vacation leave will be paid in cash at the officer's lay-day rate of pay multiplied by two decimal zero (2.0).
  5. An officer 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 Article 25.
  6. Where the Employer alters the scheduled "off cycle" the Employer shall reimburse the officer's non-refundable portion of travel contracts or reservations made by the officer with respect to that period, subject to the presentation of such documentation as the Employer may require. The officer will make every reasonable attempt to mitigate any loss incurred and will provide proof of such action to the Employer.
  7. At the request of the officer and with the concurrence of the Employer, compensation earned in accordance with Article 21, Designated Holidays, may be converted into compensatory leave.
  8. An officer shall not accumulate more than sixty-five (65) days in their lay-day bank. In circumstances where an officer is required to work after accumulating sixty-five (65) days the officer shall be paid, in addition to his/her regular pay and lay-day factor, the cash equivalent of one decimal five (1.5) lay days for each day worked beyond the sixty-five (65) day cap.
    The premium payment may be waived after agreement between the Employer and the Guild.
    **
  9. For the purposes of overtime or any other hourly rated benefit the hourly rate shall be the appropriate rate found in Appendix "A". Effective April 1, 2010, for the purposes of overtime or any other hourly rated benefit the hourly rate shall be the appropriate rate found in Appendix "A".

Article 2 - Interpretation and Definitions

  1. "Day" in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at the designated crew change time.

Article 20 - Vacation Leave With Pay

An officer shall earn vacation leave credits at the rate prescribed for his years of continuous employment, as set forth in Article 20 of the Collective Agreement, for each calendar month for which he receives at least two (2) weeks' pay or effective April 1, 2010, eighty-four (84) hours' pay.

Six (6) hours of vacation leave are to be deducted for each day of vacation leave and a lay-day credit shall not be earned.

Article 21 - Designated Holidays

  1. For each designated holiday for which an officer does not work, the officer 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 officer's lay-day bank.
  2. For each designated holiday for which an officer is required to, and does work:
    1. an officer shall receive, in addition to his regular pay and lay-day factor, the cash equivalent to two decimal five zero (2.50) lay-days;
    2. an officer shall be entitled to be compensated in accordance with the overtime compensation clause above, for work performed on a designated holiday in excess of twelve (12) hours.
  3. For each designated holiday for which an officer is scheduled to work, but is granted the designated paid holiday off, the officer 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 officer's lay-day bank and the officer will not be entitled to any additional pay.

Article 22 - Sick Leave With Pay

An officer shall earn sick leave credits under Article 22 for each calendar month for which he receives at least two (2) weeks' pay.

Article 24 - Travelling Time

An officer who is subject to Appendix "H" and who travels on a lay-day in accordance with the provisions of clauses 24.02 and 24.03 of the Collective Agreement shall be paid at the applicable overtime rate as specified in the overtime clause of Appendix "H" for travelling time to a maximum of eight (8) hours' pay at the applicable overtime rate.

Article 25 - Meals and Quarters

Notwithstanding clauses 25.01, 25.02 and 25.03, but subject to clause 25.06, when an officer 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 25.01, 25.02 or 25.03.

**

Article 29 - Severance Pay

Effective April 1, 2010, for the purpose of this Article, "weekly rate of pay" means the officers rate of pay as set out in Appendices "A", "B" and "C" multiplied by forty-two (42), applying to the officer's classification, as shown in the instrument of appointment.

Article 30 - Hours of Work and Overtime

  1. Overtime compensation will be subject to:
    1. clauses 30.07 and 30.08 of the Ships' Officers Collective Agreement, except that clause 30.07(c), 30.08(b) and (c) shall not apply;
      and
    2. an officer 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 officer works more than eighteen (18) consecutive hours without six (6) consecutive hours of rest, he shall be paid at the double time rate (2T) for all hours in excess of eighteen (18) hours.
    3. an officer 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 officer shall be entitled to compensation at double time for overtime work of more than six (6) hours in excess of his/her regularly scheduled hours of work.
  2. An officer may leave the vessel after receiving permission from the Master/Commanding Officer.
  3. In the case of vessels assigned primarily to Search and Rescue operations, officers 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, officers shall be available to return to the vessel within one (1) hour.

Non-Watchkeeping Vessels

Standby

Where the Employer requires an officer working on "non-watchkeeping" vessels to be available on standby during off duty hours, an officer shall be entitled to a standby payment of one (1) hours pay, at the straight time rate, for each eight (8) hours, or part thereof, that he/she is on standby.

Hours of Work

Hours of work for non-watchkeeping vessels shall be consecutive.


Appendix "I"

Averaging System
Forty-Two (42) Hours

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the operation of vessels on the Averaging System forty-two (42) hours.

Notwithstanding the provisions of the Ships Officers collective agreement the following conditions shall apply.

Article 2 - Interpretation and Definitions

For officers described in Article 30(a) and (b) of this Appendix:

  1. "Day" in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at the designated crew change time.
  2. "Day of rest" in relation to an officer means the twenty-four (24) hour period during which that officer is not ordinarily required to perform the duties of his/her position other than by reason of the officer 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 officers described in Article 30(c) of this Appendix:

  1. "Day" in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at 00:00:
  2. "Day of rest" in relation to an officer means the twenty-four (24) hour period during which that officer is not ordinarily required to perform the duties of his/her position other than by reason of the officer being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at 00:00.

Article 20 - Vacation Leave With Pay

An officer shall earn vacation leave credits at the rate prescribed for his or her years of continuous employment, as set forth in Article 20 of the Collective Agreement, for each calendar month for which he receives at least eighty‑four (84) hours' pay.

Vacation Leave may be granted only on those days that are otherwise days of work.

Article 22 - Sick Leave with Pay

An officer shall have his or her accrued hours of sick leave with pay adjusted by an hourly credit by multiplying the number of hours under Article 22 by a factor of one decimal four seven (1.47).

Should an employee leave the Ships Officers group or the Appendix "I" operating system, the employee's credits will be converted to hours by applying the formula in reverse.

Sick leave with pay may be granted only on those days that are, otherwise, scheduled days of work.

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 decimal two eight (12.28) hours per day.

Where an officer has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 22.05, sick leave with pay may, at the discretion of the Employer, be granted:

  1. if the officer is awaiting a decision on an application for injury-on-duty leave,
    1. for a period of up to two hundred and ten (210) hours;
  2. for all other cases,
    1. for a period of up to one hundred and twenty-six (126) 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 officer.

Article 25 - Meals and Quarters

Notwithstanding clauses 25.01, 25.02 and 25.03, but subject to clause 25.06, when an officer 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 25.01, 25.02 or 25.03.

Article 29 - Severance Pay

For the purpose of this Article, "weekly rate of pay" means the officers' hourly rate of pay as set out in Appendices "A", "B", "C" and "D" multiplied by forty-three (43), applying to the officer's classification, as shown in the instrument of appointment.

Article 30 - Hours of Work and Overtime

Hours of Work
  1. To meet operational requirements, hours of work may be designated so that officers work an average of forty-two (42) hours per week.
  2. Except as provided in (c) below officers 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 but not exceeding an average of forty-two (42) hours per week.
  3. The following conditions apply to officers employed on fire tugs or assigned to DND security watch patrols or assigned as Coast Guard Rescue Centre Watchkeepers.
    1. Subject to clause 30.07, but notwithstanding any other provisions of this Agreement, officers 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.
  4. Officers subject to (a) and (b) above may leave the vessel after receiving permission from the Master.

In the case of vessels engaged primarily in Search and Rescue operations, officers 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, officers shall be available to return to the vessel within one (1) hour.

Overtime Compensation

  1. When an officer 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:
    1. the officer has worked more than twenty (20) hours in any period of twenty-four (24) consecutive hours for officers who normally work a twelve (12) hour day.
  2. An officer subject to Hours of Work (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.

Appendix "J"

On-Call System – Average
Forty-Six Point Six
(46.6) Hours

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the operation of vessels on the On Call System average forty-six decimal six (46.6) hours.

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.

Notwithstanding the provisions of the Ships' Officers collective agreement, the following shall apply:

Article 2 - Interpretations and Definitions

  1. "Day" in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at the designated crew change time.
  2. "Day of rest" in relation to an officer means the twenty-four (24) hour period during which that officer is not ordinarily required to perform the duties of his/her position other than by reason of the officer 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.

Article 20 - Vacation Leave With Pay

An officer shall earn vacation leave credits at the rate prescribed for his/her years of continuous employment, as set forth in Article 20 of the Collective Agreement, for each calendar month for which he/she receives at least ninety-three (93) hours' pay.

Vacation leave with pay may be granted only on those days that are, otherwise, scheduled days of work.

Effective April 1, 2010, Vacation leave with pay shall be granted on an hourly basis with hours debited for each day of vacation leave being equal to thirteen decimal three (13.3) hours per day.

Article 22 - Sick Leave With Pay

An officer shall earn sick leave credits at the rate prescribed in Article 22.01 for each calendar month for which the officer receives at least ninety-three (93) hours' pay.

An officer shall have his or her accrued hours of sick leave with pay adjusted by an hourly credit by multiplying the number of hours under Article 22 by a factor of one decimal six two seven five (1.6275).

Should an officer leave the Ships' Officers Group or the Appendix "J" operating system the officers' credits will be converted to hours by applying the formula in reverse.

Sick leave with pay may be granted only on those days that are, otherwise, scheduled days of work.

Sick leave with pay shall be granted on an hourly basis and, for pay purposes, the hours debited will be equivalent thirteen decimal three (13.3) hours pay per day for each day of sick leave taken.

Where an officer has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 22.05, sick leave with pay may, at the discretion of the Employer, be granted:

  1. if the officer is awaiting a decision on an application for injury-on-duty leave,
    1. for a period of up to two hundred and thirty-three (233) hours;
  2. for all other cases,
    1. for a period of up to one hundred and forty (140) 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 officer.

Article 25 - Meals and Quarters

Notwithstanding clauses 25.01, 25.02 and 25.03, but subject to clause 25.06, when an officer 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 25.01, 25.02 or 25.03.

Article 29 - Severance Pay

For the purpose of this Article "weekly rate of pay" means the officers' hourly rate of pay, as set out in Appendices " A", "B", "C" and "D" multiplied by forty-six (46), applying to the officer's classification, as shown in the instrument of appointment.

Article 30 - Hours of Work and Overtime

Hours of Work

To meet operational requirements:

  1. An officer'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 officer 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 officer is required to perform work, "on call" duty pay shall not apply.

  1. An officer must be available for work at all times while on "on call" duty.
  2. During the "on call" duty hours, ships' personnel must be in a position to respond to a Search and Rescue (SAR) call on a 0-to-30 minute basis.
Overtime Compensation
  1. When an officer is required to work continuously without a break of at least six (6) hours, the officer shall continue to be compensated at double (2) time for hours worked provided he/she has worked more than sixteen (16) hours in anyone period of twenty-four (24) consecutive hours for officers who normally work an eight (8) hour day.
  2. An officer is entitled to compensation at double (2) time on alternate days on which the officer works, beginning with the first (1st) day on which he/she works, in any unbroken period of consecutive days of rest.

Appendix "K"

40 Hour Work Week System

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the operation of the 40 Hour Work Week System.

Notwithstanding the provisions of the Ships' Officers Collective Agreement, the following shall apply:

Article 2 - Interpretations and Definitions

For officers described in Article 30 of this Appendix:

  1. "Day" in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at 00:00;
  2. "Day of rest" in relation to an officer means the twenty-four (24) hour period during which that officer is not ordinarily required to perform the duties of his/her position other than by reason of the officer being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at 00:00.

Article 20 - Vacation Leave With Pay

An officer shall earn vacation leave credits at the rate prescribed for his/her years of continuous employment, as set forth in Article 20 of the Collective Agreement, for each calendar month for which he/she receives at least eighty (80) hours pay.

Article 22 - Sick Leave With Pay

An officer shall earn sick leave credits at the rate prescribed in Clause 22.01 for each calendar month for which he/she receives at least eighty (80) hours' pay.

Where an officer has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 22.05, sick leave with pay may, at the discretion of the Employer, be granted:

  1. if the officer is awaiting a decision on an application for injury-on-duty leave for a period of up to two hundred (200) hours;
  2. for all other cases for a period of up to one hundred twenty (120) 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 officer.

Article 25 - Meals and Quarters

Notwithstanding clauses 25.01, 25.02 and 25.03, but subject to clause 25.06, when an officer 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 25.01, 25.02 or 25.03.

Article 29 - Severance Pay

For the purpose of this Article, "weekly rate of pay" means the officers' hourly rate of pay as set out in Appendices "A", "B", "C" and "D" multiplied by forty (40), applying to the officer's classification, as shown in the instrument of appointment.

Article 30 - Hours of Work and Overtime

Hours of Work
  1. Hours of work shall be designated so that officers:
    1. work eight (8) hours per day,
      and
    2. work an average of forty (40) hours and five (5) days per week.
      and
    3. the two (2) days of rest shall be consecutive.
  2. Officers working sea watches shall normally work on the basis of either:
    1. four (4) hours on and eight (8) hours off;
      or
    2. six (6) hours on and six (6) hours off.
  3. Officers whose hours of work are designated in accordance with clause (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. These hours shall be designated so as to be consecutive, except for meal periods.
  4. For officers 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 0600 hours and 1800 hours.
    and
    Officers shall be given forty-eight (48) hours notice of any change in scheduled starting time.
  5. Reporting for Sailing
    1. Where an officer is authorized to be absent from the vessel during his off-duty hours, the Master/Commanding Officer shall inform the officer 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 officer shall notify his/her supervisor where and how he/she may be contacted; the Employer will not be responsible for officers who fail to receive notice of sailing by reason of absence from the place of notification.
    2. If an officer 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 subparagraph (1), if the Employer considers it feasible to do so:
      1. the officer 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
      2. when work is available, the officer shall be employed in his classification until he/she is able to return to his vessel.
        or
      3. The officer may take any compensatory leave credits and/or vacation leave credits he/she has accumulated up to the time the vessel sailed.
    3. Where an officer 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:
      1. compensation at the applicable rate for any work performed on that day,
        or
      2. one (1) hour's pay at the straight-time rate,
      provided that the vessel is in home port.
Overtime Compensation
  1. An officer is entitled to compensation at double (2) time:
    1. for overtime worked following eight (8) hours of overtime worked in excess of his normal daily hours of work;
    2. for overtime worked on his/her days of rest in excess of the officer's normal daily hours of work;
      and
      **
    3. for all overtime worked by an officer on the officer's second or subsequent day of rest, provided the days of rest are consecutive.
  2. When an officer 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 he/she has worked more than sixteen (16) hours in any one period of twenty-four (24) consecutive hours for officers who normally work an eight (8) hour day.
  3. Reporting for SAR Mission
    When an officer, 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 officer shall be paid the greater of:
    1. compensation at the applicable overtime rates for any work performed in excess of his designated hours of work,
      or
    2. compensation equivalent to four (4) hour's pay at the straight-time rate.
  4. Where the Employer requires a vessel operating under this appendix to be on standby, an officer 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 or portion thereof for which he/she has been assigned to the vessel while it is on standby.
    No payment shall be granted if an officer is unable to return to the vessel and/or report for work when required.
    An officer 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:
    1. the applicable overtime rate for the time actually worked,
    2. compensation equivalent to three (3) hours' pay at the applicable overtime rate.
    Officers 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 3 (d) Reporting for Sailing.
    Standby shall not apply to officers on vessels while at sea.
  5. Payments made under Article 31 (Call-back Pay), clause (d) above (Reporting for Sailing), clause (j) above (Reporting for SAR Mission) shall not be pyramided; that is an officer shall not receive more than one compensation for the same service.

Article 32 - Reporting Pay

Where an officer, who regularly work five 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 a minimum of three (3) hours' pay at the applicable overtime rate, whichever is the greater.

Time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.


Appendix "L"

Instructors Sub-Group

This is to confirm the understanding reached between the Employer and the Canadian Merchant Service Guild with respect to the Instructor Sub-Group.

Notwithstanding the provisions of the Ship's Officers Collective Agreement, the following shall apply:

Article 30 - Hours of Work and Overtime

Hours of Work
  1. Hours of work shall be designated so that officers normally work an average of:
    1. eight (8) hours per day,
      and
    2. forty (40) hours per week,
      and
    3. five (5) days per week, Monday through Friday.
  2. 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.
    The four (4) month period for averaging of courses shall be: January through April, May through August and September through December.

General

Instructors will not normally be required to perform non-officer duties.

Pedagogical Break - Canadian Coast Guard College

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 four (4) days of leave with pay, in addition to three (3) designated paid holidays, as provided for under clause 21.01 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 (1st) 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.



Date modified: