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14.01 When operational requirements permit, in cases of complaints made to the PSLRB pursuant to section 190(1) of the PSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1), of the PSLRA, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf, before the PSLRB,
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Association making a complaint.
14.02 Where operational requirements permit, the Employer will grant leave without pay:
(a) to an employee who represents the Association in an application for certification or in an intervention,
(b) to an employee who makes personal representations with respect to a certification.
14.03 The Employer will grant leave with pay:
(a) to an employee called as a witness by the PSLRB,
(b) when operational requirements permit, to an employee called as a witness by an employee or the Association.
14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Association before an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process.
14.05 The Employer will grant leave with pay to an employee called as witness by an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process and, when operational requirements permit, to an employee called as a witness by the Association.
14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
(c) a witness called by an employee who is a party to an adjudication.
14.07 Where operational requirements permit, the Employer will grant to an employee:
(a) where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of the employee and on duty status when the meeting is held outside the employee's headquarters area,
(b) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.
14.08 Where an employee wishes to represent, at a meeting with the Employer, an employee who has presented a grievance, the Employer will arrange the meeting having regard to operational requirements, and will grant leave with pay to the representative when the meeting is held in the representative's headquarters area and leave without pay when the meeting is held outside the representative's headquarters area.
14.09 Where an employee has asked or is obliged to be represented by the Association in relation to the presentation of a grievance and an employee acting on behalf of the Association wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in his or her headquarters area and reasonable leave without pay when it takes place outside his or her headquarters area.
14.10 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees for the purpose of attending contract negotiation meetings on behalf of the Association.
14.11 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiations meetings.
14.12 Where operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Association.
14.13 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings of the Association and organizations to which the Association is affiliated.
14.14 Where operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Association to undertake training related to the duties of a representative.
14.15 Where operational requirements permit and when the subject matter is related to the terms and conditions of employment of the employees in the bargaining unit, an employee may be granted leave without pay by the Employer to appear at public meetings, inquiries or seminars on behalf of the Association provided the employee can prove that his or her attendance has been sanctioned by the Association.
14.16 The Employer will grant leave of absence without pay to an employee who is elected or appointed to a full-time position of the Association within one (1) month after notice is given to the Employer of such election or appointment by the Association. The duration of such leave shall be for the period the employee holds such office.
15.01 The PSLRA provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including discharge, for participation in an illegal strike pursuant to the provisions of Section 12(1)(c) of the Financial Administration Act.
16.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Association, marital status or a conviction for which a pardon has been granted.
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
(b) If by reason of 16.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
16.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
16.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information Act and the Privacy Act.
17.01 The Association and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
(b) If by reason of 17.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
17.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement.
17.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information Act and the Privacy Act.
18.01 Nothing in this Agreement shall be construed to impair in any manner whatsoever the authority of the Master.
18.02 The Master may, whenever he or she deems it advisable, require any employee to participate in lifeboat or other emergency drills without the payment of overtime.
18.03 Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed by all employees at any time on immediate call 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.
18.04 When an employee suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of marine disaster or shipwreck, the employee shall be reimbursed the value of those articles up to a maximum of one thousand ($1,000) dollars based on replacement cost.
(a) An employee shall submit to the Employer a full inventory of his or her personal effects and shall be responsible for maintaining it in a current state.
(b) An employee or the employee's estate making a claim under this Article shall submit to the Employer reasonable proof of such loss, and shall submit an affidavit listing the individual items and values claimed.
19.01 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits.
(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours, with one day being equal to seven decimal five (7.5) hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to seven decimal five (7.5) hours.
(b) Earned leave credits or other leave entitlements shall be equal to seven decimal five (7.5) hours per day.
(c) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be equal to the number of hours of work scheduled for the employee for the day in question.
(d) Notwithstanding the above, in clause 21.02, Bereavement Leave with Pay, a "day" will mean a calendar day.
(e) The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.
19.03 An employee shall not be granted two (2) different types of leave with pay at the same time.
19.04 An employee is not entitled to leave with pay during any period which the employee is on leave without pay, on education leave or under suspension.
19.05 In the event of termination of employment for reasons other than incapacity, death or lay-off, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.
19.06 When the employment of an employee who has been granted more sick or vacation leave with pay than he or she has earned is terminated by lay-off, the employee is considered to have earned the amount of leave with pay granted to him or her if at the time of lay-off, he or she has completed two (2) or more years of continuous employment.
19.07 An employee shall not earn leave credits under this collective agreement in any month for which leave has already been credited to him or her under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.
19.08 Except as otherwise specified in this agreement,
(a) where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave;
(b) leave without pay for periods in excess of three (3) months shall not be counted for pay increment purposes.
20.01 Subject to clause 20.02, the following days shall be designated paid holidays for employees:
(b) one additional day in each year that, in the opinion of the Employer, is recognized to be a territorial, provincial or civic holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such additional day is recognized as a provincial or civic holiday, the first Monday in August,
(c) one additional day when proclaimed by an Act of Parliament as a national holiday.
20.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 14, Leave For Association Business.
20.03 When a day designated as a paid holiday under clause 20.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first normal working day following the employee's day of rest.
20.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause 20.03:
(a) work performed by an employee on the day from which the holiday was moved shall be considered as worked performed on a day of rest,
(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.
(a) When an employee works on a holiday, he or she shall be paid time and one-half (1 1/2) for all hours worked up to the regular daily scheduled hours of work as specified by this Agreement, and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday.
(b) Notwithstanding paragraph (a), when an employee works on a holiday following a day of rest on which the employee also worked and received overtime in accordance with clause 28.11 of this Agreement, 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, two (2) times his or her hourly rate of pay for all time worked.
20.06 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:
(a) compensation in accordance with the provisions of clause 20.05;
(b) compensation equivalent to three (3) hours pay at the applicable overtime rate of pay.
20.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.
20.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.
20.09 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.
20.10 Payments referred to in clause 20.05 shall be compensated in cash except where, upon request of an employee and with the approval of the Employer, they may be compensated in equivalent leave with pay to be administered in accordance with paragraph 28.14(b) of this Agreement.