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Part III - Working Conditions
Article 16
Hours of Work
16.01 Thirty-seven decimal five (37.5) hours exclusive of lunch periods shall constitute the normal workweek.
16.02 Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period other than five (5) full days provided that over a period of fourteen (14) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every fourteen (14) day period, such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for him or her.
16.03 Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.
16.04 Employees will submit weekly attendance registration only to report leave or overtime.
16.05 Where operational requirements permit, the Employer will provide employees with meal and relief breaks.
Article 17
Overtime
17.01 Time worked by an employee in excess of his or her scheduled hours of work shall be considered as overtime.
17.02 Overtime Compensation
(a) An employee shall be paid for overtime worked at one and one-half (1 1/2) times his or her straight-time hourly rate for the first seven decimal five (7.5) hours of overtime and double (2) time thereafter, except that if the overtime is worked by the employee on two (2) or more consecutive and contiguous days of rest, the employee shall be paid at two (2) times his or her straight-time hourly rate for each hour worked on the second (2nd) and subsequent days of rest.
(b) An employee is entitled to overtime compensation for each completed fifteen (15) minute period of overtime worked by the employee.
(c) An employee at his or her request, shall be granted time off in lieu of overtime at the appropriate overtime rate. The employee and his or her supervisor shall attempt to reach mutual agreement with respect to the time at which the employee shall take such lieu time off. However, failing such agreement, such lieu time will be accumulated.
Where an employee requests time off in lieu of overtime, the employee must indicate this to his or her supervisor prior to the end of the month in which the overtime occurred.
**
Where an employee has not utilized accumulated time off in lieu of overtime by the September 30 date following the end of the fiscal year in which the overtime was worked, the unused portion will be paid off at the appropriate overtime rate.
(d) Except as provided in sub-clause 17.02(c), the Employer will endeavour to make cash payment for overtime in the month following the month in which the overtime was worked.
17.03 The Employer will endeavour to keep overtime work to a minimum and shall assign overtime equitably among employees who are qualified to perform the work that is required at the location concerned.
17.04
(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's scheduled hours of work shall be reimbursed expenses for one meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
(c) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to his or her place of work.
Article 18
Call-In
18.01 When an employee is called in to work overtime that is not contiguous to the employee's scheduled hours of work, the employee is entitled to the greater of:
(a) compensation at the applicable overtime rate,
or
(b) compensation equivalent to four (4) hours' at his or her straight-time hourly rate of pay except that this minimum shall only apply once during a single period of eight (8) hours, starting when the employee first commences the work.
18.02 An employee who receives a call to duty or responds to a telephone or data line call after completing his or her work for the day and leaving his or her place of work may, at the discretion of the Employer, work at the employee's residence or at another place to which the Employer agrees, and receive compensation for time worked in accordance with the Overtime Article. In such instances, the employee shall be paid the greater of:
(a) compensation at the applicable overtime rate for the time worked,
or
(b) compensation equivalent to one (1) hours' pay at his or her straight-time hourly rate, which shall apply only the first (1st) time an employee reports for work during a one-hour period, starting with the employee's first (1st) reporting.
Article 19
Stand-By
19.01
Where the Employer requires an employee to be available on stand-by during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or part thereof for which the employee has been designated as being on standby duty.
19.02
(a) An employee designated by letter or by list for stand-by duty shall be available during his or her period of standby at a known telephone, cellular and/or pager number and be available to return for duty as quickly as possible, if called.
(b) No stand-by payment shall be granted if an employee is unable to report for duty when required.
(c) An employee on stand-by who is required to report for work and reports shall be compensated in accordance with clause 18.01.
Article
20
Holidays
20.01 The following days shall be designated holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) The day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) The day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) One additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed, or in any area where no such day is so recognized, the first Monday in August,
(l) Any other day that is proclaimed by law as a national holiday.
20.02 When an employee works on a holiday, the employee shall be paid, in addition to the pay he or she would have received had he or she not worked on the holiday, one and one-half (1 1/2) times his or her straight-time hourly rate for all hours worked by him or her on the holiday.
20.03
(a) An employee at his or her request, shall be granted time off in lieu of cash payment at that rate. The employee and his or her supervisor shall attempt to reach mutual agreement with respect to the time at which the employee shall take such lieu time off. However, failing such agreement, such lieu time will be accumulated.
(b) Where an employee requests time off in lieu of cash payment he or she must indicate this to his or her supervisor prior to the end of the month in which he or she worked on the holiday.
(c) Where an employee has not utilized this accumulated time off by the end of the fiscal year, the unused portion will be paid off at the appropriate rate.
20.04
(a) An employee who is absent without pay on both the working day immediately preceding and the working day following the holiday shall not be paid for the holiday.
(b) An employee who is absent without permission and who is not on sick or special leave on a designated holiday, on which he or she is scheduled to work, shall not be entitled to be paid for the holiday.
Article 21
Severance Pay
21.01 Under the following circumstances and subject to clause 21.02, an employee shall receive severance benefits calculated on the basis of his or her weekly rate of pay:
(a) Lay-Off
(ii) On second (2nd) or subsequent lay-off after March 21, 1979, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-nine (29) weeks' pay, less any period in respect of which he or she was granted severance pay under sub-subclause 21.01(a)(i) above.
(b) Retirement
On retirement, when an employee is entitled to an immediate annuity or entitled to an immediate annual allowance under the Public Service Superannuation Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of thirty (30) weeks' pay.
(c) Death
If an employee dies, there shall be paid to his or her estate, one (1) week's pay for each complete year of continuous employment to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
(d) Termination of Employment for Reasons of Incapacity
An employee whose employment has been terminated under Section 12(1)(e) of the Financial Administration Act by reason of incapacity shall on termination of his or her employment be entitled to severance pay on the basis of one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks' pay.
(e) Resignation
On resignation, an employee who has completed ten (10) or more years of continuous employment and who is not qualified under sub-clause (b) above, one-half (1/2) week's pay for each complete year of continuous employment with a maximum benefit of thirteen (13) weeks' pay.
21.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 21.01 be pyramided.
21.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in his or her certificate of appointment on the date of the termination of his or her employment.
Article 22
Technological Change
22.01 At least ninety (90) days before the introduction of any major technological change which will result in a reduction of staff, the Employer shall notify the Union of the proposed change.
Article 23
Working Conditions and Safety
23.01 The Employer will continue to make provision for the safe and healthy working conditions of employees and the Union agrees to cooperate fully in the prevention of accidents to employees and in the enforcement of safety rules.
Article 24
Travel
24.01 Where an employee is required by the Employer to travel to or from the employee's headquarters area as normally defined by the Employer, the employee's method of travel shall be determined by the Employer. However, if an employee wishes to use a different method, the employee's wish will not be arbitrarily refused provided that the method chosen is consistent with the purpose of the travel and does not entail additional costs.
24.02 When required to travel, the employee will be compensated in the following manner:
(a) On a normal working day on which he or she travels but does not work, the employee shall receive his or her normal pay for the day.
(b) On a normal working day on which the employee travels and works, the employee shall be paid:
and
(ii) at the applicable overtime rate for additional travel time in excess of the employee's normal hours of work, with a maximum payment for such additional travel time not to exceed eight (8) hours' pay at the applicable overtime rate in any day.
(c) On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of eight (8) hours' pay at one and a half (1 1/2) times the employee's straight-time hourly rate.
24.03 When an employee is required by the Employer to travel to or from the employee's headquarters area as normally defined by the Employer, the employee may in accordance with clause 24.01 above:
(a) elect to travel via scheduled air carrier at the most economical air fare or its equivalent;
or
(b) elect to use privately-owned transportation and be reimbursed at the rate shown in clause 2.13 (use at traveller's request) of the Treasury Board Travel Directive;
or
(c) be requested by the Employer, or elect to use privately-owned transportation and be reimbursed at the rate shown in clause 2.12 (use at Employer's request) of the Treasury Board Travel Directive.
(d) When the employee elects under sub-clauses (b) or (c) above to use privately-owned transportation, the employee shall be paid at the applicable rate for the time normally required to travel portal to portal by air carrier.
(e) Employees travelling to or from Ottawa for temporary assignments in excess of five (5) days, whose headquarters area is in Newfoundland or the Pacific or Western Region, who elect to use privately-owned transportation under sub-clauses (b) or (c) above shall be allowed an additional day in which to travel and shall receive normal pay for that day. An employee travelling to or from Ottawa for temporary assignments in excess of five (5) days, whose headquarters is in the Pacific Region will be allowed a day with pay in addition to the day noted immediately above.
(f) An employee who elects to use privately-owned transportation under sub-clause (c) above shall be reimbursed at the rate shown in clause 2.12 of the Treasury Board Travel Directive, or an amount equal to the most economical air fare including the normal airport limousine fares, whichever is the least, in lieu of travel expenses.
24.04 When an employee requires hotel accommodation, the employee will select a hotel that has been approved and is listed in the Public Works and Government Services Hotel Directory. He or she will choose accommodation which his or her supervisor agrees is convenient for the purposes of the travel and which does not require unnecessary related transportation costs. Where the work site is an airport, transportation costs between the airport and the hotel which do not exceed the official airport limousine fares shall not be deemed to be unnecessary related transportation costs.
24.05 Except as may be modified in this agreement, employees will be reimbursed for all travel expenses in accordance with the current Treasury Board Travel Directive.
24.06 Travel Status Leave
(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted one (1) day off with pay. The employee shall be credited with one additional day off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.
(b) The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and shall accumulate as compensatory leave with pay.
(c) The Employer shall grant the travel status leave at times convenient to both the employee and the Employer.
(d) If any of this leave cannot be liquidated by the end of the fiscal year, then payment in cash shall be made at the employee's rate of pay as of March 31st.
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.
