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General
25.01
For the purpose of this Article:
- the week shall consist of seven (7)
consecutive days beginning at 00:00 hours on Monday morning and ending at 24:00 hours on Sunday;
- the day is a twenty-four (24) hour
period commencing at 00:00 hours.
25.02
Nothing in this Article shall be construed as guaranteeing minimum or maximum
hours of work. In no case shall this permit the Employer to reduce the hours of
work of a full-time employee permanently.
25.03
The employees may be required to register their attendance in a form or in
forms to be determined by the Employer.
25.04
It is recognized that certain operations require some employees to stay on the
job for a full scheduled work period, inclusive of their meal period. In these
operations, such employees will be compensated for their meal period in
accordance with the applicable overtime provisions.
25.05
The Employer will provide two (2) rest periods of fifteen (15) minutes each per
full working day except on occasions when operational requirements do not
permit.
Day Work
25.06
Except as provided for in clauses 25.09, 25.10 and 25.11:
- the normal workweek shall be thirty-seven
decimal five (37.5) hours from Monday to Friday inclusive;
and
- the normal workday shall be seven
decimal five (7.5) consecutive hours, exclusive of a lunch period, between the
hours of 7 a.m. and 6 p.m.
25.07
Employees shall be informed by written notice of their scheduled hours of work.
Any changes to the scheduled hours shall be by written notice to the
employee(s) concerned.
25.08 Flexible Hours
Subject
to operational requirements, an employee on day work shall have the right to
select and request flexible hours between 7 a.m. and 6 p.m. and such request
shall not be unreasonably denied.
25.09 Variable Hours
- Notwithstanding the provisions of clause 25.06, upon request of an employee and with the concurrence of the Employer, an
employee may complete the weekly hours of employment in a period of other than
five (5) full days, provided that, over a period of fourteen (14), twenty-one (21)
or twenty-eight (28) calendar days, the employee works an average of thirty-seven
decimal five (37.5) hours per week.
- In every fourteen (14), twenty-one (21)
or twenty-eight (28) day period, the employee shall be granted days of rest on
such days as are not scheduled as a normal workday for the employee.
- Employees covered
by this clause shall be subject to the variable hours of work provisions
established in clauses 25.24 to 25.27.
25.10 Summer and Winter Hours
The
weekly and daily hours of work may be varied by the Employer following
consultation with the Alliance to allow for summer and winter hours, provided
the annual total of hours is not changed.
25.11
- Where hours of work other than those
provided in clause 25.06 are in existence when this Agreement is signed, the
Employer, on request, will consult with the Alliance on such hours of work and,
in such consultation, will establish that such hours are required to meet the
needs of the public and/or the efficient operation of the service.
- Where hours of work are to be changed so
that they are different from those specified in clause 25.06, the Employer,
except in cases of emergency, will consult in advance with the Alliance on such
hours of work and, in such consultation, will establish that such hours are
required to meet the needs of the public and/or the efficient operation of the
service. In no case shall the hours under clause 25.06 extend before 6 a.m. or
beyond 9 p.m. or alter the Monday to Friday workweek or the seven decimal five (7.5) consecutive hour workday.
- Within five (5) days of notification of
consultation served by either party, the parties shall notify one another in
writing of the representative authorized to act on their behalf for
consultation purposes. Consultation will be held at the local level for fact-finding
and implementation purposes.
- It is understood by the parties that
this clause will not be applicable in respect of employees whose workweek is
less than thirty-seven decimal five (37.5) hours per week.
25.12
- An employee on day work whose hours of
work are changed to extend before or beyond the stipulated hours of 7 a.m. and
6 p.m., as provided in paragraph 25.06(b), and who has not received at least
seven (7) days' notice in advance of the starting time of such change shall be
paid for the first (1st) day or shift worked
subsequent to such change at the rate of time and one-half (1 1/2) for the
first seven decimal five (7.5) hours and double (2) time thereafter. Subsequent
days or shifts worked on the revised hours shall be paid for at straight-time
rate, subject to Article 28, Overtime.
- Late-Hour Premium
An employee who is not a shift worker and
who completes his workday in accordance with the provisions of paragraph 25.11(b)
shall receive a late-hour premium of seven dollars ($7) per hour for each hour
worked before 7 a.m. and after 6 p.m. The late-hour premium shall not apply to
overtime hours.
Shift Work
25.13
When, because of operational requirements, hours of work are scheduled for
employees on a rotating or irregular basis, they shall be scheduled so that
employees, over a period of not more than fifty-six (56) calendar days:
- on a weekly basis, work an average of
thirty-seven decimal five (37.5) hours and an average of five (5) days;
- work seven decimal five (7.5) consecutive hours per day, exclusive of a one-half (1/2) hour meal period;
- obtain an average of two (2) days of
rest per week;
- obtain at least two (2) consecutive days
of rest at any one time except when days of rest are separated by a designated
paid holiday which is not worked; the consecutive days of rest may be in
separate calendar weeks.
25.14 The Employer will make every reasonable
effort:
- not to schedule the commencement of a
shift within sixteen (16) hours of the completion of the employee's previous
shift;
and
- to avoid excessive fluctuation in hours
of work.
25.15
The staffing, preparation, posting and administration of shift schedules is the
responsibility of the Employer.
25.16
The Employer shall set up a master shift schedule for a fifty-six (56) day
period, posted fifteen (15) days in advance, which will cover the normal
requirements of the work area.
25.17
Except as provided for in clauses 25.22 and 25.23, the standard shift schedule
is:
- 12 midnight to 8 a.m., 8 a.m. to 4 p.m.,
and 4 p.m. to 12 midnight
or, alternatively,
- 11 p.m. to 7 a.m., 7 a.m. to 3 p.m., and
3 p.m. to 11 p.m.
25.18
A specified meal period shall be scheduled as close to the midpoint of the
shift as possible. It is also recognized that the meal period may be staggered
for employees on continuous operations. However, the Employer will make every
effort to arrange meal periods at times convenient to the employees.
25.19
- Where an employee's scheduled shift does
not commence and end on the same day, such shift shall be considered for all
purposes to have been entirely worked:
- on
the day it commenced, where half (1/2) or more of the hours worked fall on that
day;
or
- on
the day it terminates, where more than half (1/2) of the hours worked fall on
that day.
- Accordingly, the
first (1st) day of rest will be
considered to start immediately after midnight of the calendar day on which the
employee worked or is deemed to have worked his or her last scheduled shift,
and the second (2nd) day of rest will start
immediately after midnight of the employee's first (1st) day of rest, or
immediately after midnight of an intervening designated paid holiday if days of
rest are separated thereby.
25.20
- An employee who is required to change
his or her scheduled shift without receiving at least seven (7) days' notice in
advance of the starting time of such change in his or her scheduled shift shall
be paid for the first (1st) shift worked on the
revised schedule at the rate of time and one-half (1 1/2) for the first (1st) seven decimal five (7.5) hours and double (2) time thereafter. Subsequent shifts worked on the revised
schedule shall be paid for at straight-time rate, subject to Article 28,
Overtime.
- Every reasonable effort will be made by
the Employer to ensure that the employee returns to his or her original shift
schedule and returns to his or her originally scheduled days of rest for the
duration of the master shift schedule without penalty to the Employer.
25.21 Provided sufficient advance notice is
given, the Employer may:
- authorize employees to exchange shifts
if there is no increase in cost to the Employer;
and
- notwithstanding the provisions of
paragraph 25.13(d), authorize employees to exchange shifts for days of rest if
there is no increase in cost to the Employer.
25.22
- Where shifts other than those provided
in clause 25.17 are in existence when this Agreement is signed, the Employer,
on request, will consult with the Alliance on such hours of work and, in such
consultation, will establish that such shifts are required to meet the needs of
the public and/or the efficient operation of the service.
- Where shifts are to
be changed so that they are different from those specified in clause 25.17, the
Employer, except in cases of emergency, will consult in advance with the
Alliance on such hours of work and, in such consultation, will establish that
such hours are required to meet the needs of the public and/or the efficient
operation of the service.
- Within five (5) days of notification of
consultation served by either party, the parties shall notify one another in
writing of the representative authorized to act on their behalf for
consultation purposes. Consultation will be held at the local level for fact-finding
and implementation purposes.
25.23 Variable Shift Schedule Arrangements
- Notwithstanding the provisions of
clauses 25.06 and 25.13 to 25.22 inclusive, consultation may be held at the
local level with a view to establishing shift schedules which may be different
from those established in clauses 25.13 and 25.17. Such consultation will
include all aspects of arrangements of shift schedules.
- Once a mutually acceptable agreement is
reached at the local level, the proposed variable shift schedule will be
submitted at the respective Employer and Alliance headquarters levels before
implementation.
- Both parties will endeavour to meet the
preferences of the employees in regard to such arrangements.
- It is understood that the flexible
application of such arrangements must not be incompatible with the intent and
spirit of provisions otherwise governing such arrangements. Such flexible
application of this clause must respect the average hours of work over the
duration of the master schedule and must be consistent with operational
requirements as determined by the Employer.
- Employees covered by this clause shall
be subject to the provisions respecting variable hours of work established in
clauses 25.24 to 25.27 inclusive.
Terms and Conditions Governing the Administration of Variable
Hours of Work
25.24 The terms and
conditions governing the administration of variable hours of work implemented
pursuant to clauses 25.09, 25.10 and 25.23 are specified in clauses 25.24 to
25.27 inclusive. This Agreement is modified by these provisions to the extent
specified herein.
25.25 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.
25.26
- The scheduled hours of work of any day
as set forth in a variable schedule specified in clause 25.24 may exceed or be
less than seven decimal five (7.5) hours; starting and finishing times, meal
breaks and rest periods shall be determined according to operational
requirements as determined by the Employer; and the daily hours of work shall
be consecutive.
- Such schedules shall provide for an
average of thirty-seven decimal five (37.5) hours of work per week over the
life of the schedule.
- The
maximum life of a shift schedule shall be six (6) months.
- The
maximum life of other types of schedule shall be twenty-eight (28) days except
when the normal weekly
and daily hours of work are varied by the Employer to allow for summer and
winter hours in accordance with clause 25.10, in which case the life of a
schedule shall be one (1) year.
- The
maximum life of a schedule for officers working for the Canadian Pari-Mutuel
Agency shall be one (1) year.
- Whenever an employee changes his or her
variable hours or no longer works variable hours, all appropriate adjustments
will be made.
25.27 Specific
Application of this Agreement
For
greater certainty, the following provisions of this Agreement shall be
administered as provided for herein.
- Interpretation and Definitions (clause 2.01)
"Daily rate of pay" shall not
apply.
- Minimum Number of Hours Between Shifts
Paragraph 25.14(a), relating to the minimum
period between the termination and commencement of the employee's next shift,
shall not apply.
- Exchange of Shifts (clause 25.21)
On exchange of shifts between employees, the
Employer shall pay as if no exchange had occurred.
- Overtime (clauses 28.04 and 28.05)
Overtime shall be compensated for all work
performed in excess of an employee's scheduled hours of work on regular working
days or on days of rest at time and three-quarters (1 3/4).
- Designated Paid Holidays (clause 30.07)
- A
designated paid holiday shall account for seven decimal five (7.5) hours.
- When
an employee works on a designated paid holiday, the employee shall be
compensated, in addition to the pay for the hours specified in subparagraph (i),
at time and one-half (1 1/2) up to his or her regular scheduled hours worked
and at double (2) time for all hours worked in excess of his or her regular
scheduled hours.
- Travel
Overtime compensation referred to in clause 32.06
shall only be applicable on a workday for hours in excess of the employee's
daily scheduled hours of work.
- Acting Pay
The qualifying period for acting pay as
specified in paragraph 62.07(a) shall be converted to hours.
- Leave
- Earned
leave credits or other leave entitlements shall be equal to seven decimal five (7.5)
hours per day.
- 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.
26.01
- When a full-time indeterminate employee is required to attend one of the
following proceedings outside a period which extends three (3) hours before or
beyond his or her scheduled hours of work on a day during which he or she would
be eligible for a shift premium, the employee may request that his or her hours
of work on that day be scheduled between 7 a.m. and 6 p.m.; such request will
be granted provided there is no increase in cost to the Employer. In no case
will the employee be expected to report for work or lose regular pay without
receiving at least twelve (12) hours of rest between the time his or her
attendance was no longer required at the proceeding and the beginning of his or
her next scheduled work period.
- Public
Service Labour Relations Board proceedings
(clauses
14.01, 14.02, 14.04, 14.05 and 14.06)
- Contract
negotiation and preparatory contract negotiation meetings
(clauses
14.09 and 14.10)
- Personnel
selection processes
(Article 48)
- Provincial certification examinations
which are a requirement for the continuation of the performance of the duties of
the employee's position
- Training courses which the employee is
required to attend by the Employer
- Notwithstanding paragraph (a), proceedings described in subparagraph (v) are
not subject to the condition that there be no increase in cost to the Employer.
Excluded Provisions
This
Article does not apply to employees on day work covered by clauses 25.06 to
25.12 inclusive.
27.01
Shift Premium
An employee working shifts will receive a
shift premium of two dollars ($2) per hour for all hours worked, including
overtime hours, between 4 p.m. and 8 a.m. The shift premium will not be paid
for hours worked between 8 a.m. and 4 p.m.
27.02
Weekend Premium
- An employee working shifts during a weekend will receive an additional premium
of two dollars ($2) per hour for all hours worked, including overtime hours, on
Saturday and/or Sunday.
- Where Saturday and Sunday are not recognized as the weekend at a mission
abroad, the Employer may substitute two (2) other contiguous days to conform to
local practice.
Excluded Provisions
28.01 Compensation under this Article shall not
be paid for overtime worked by an employee at courses, training sessions,
conferences and seminars unless the employee is required to attend by the
Employer.
28.02 General
- An employee is entitled to overtime compensation under clauses 28.04 and 28.05
for each completed period of fifteen (15) minutes of overtime worked by him or
her when:
- the overtime work is authorized in advance
by the Employer or is in accordance with standard operating instructions;
and
- the
employee does not control the duration of the overtime work.
- Employees shall record starting and
finishing times of overtime work in a form determined by the Employer.
- For the purpose of avoiding the
pyramiding of overtime, there shall be no duplication of overtime payments for
the same hours worked.
- Payments provided under the overtime,
designated paid holidays and standby provisions of this Agreement shall not be
pyramided, that is, an employee shall not be compensated more than once for the
same service.
28.03 Assignment of Overtime Work
- Subject to operational requirements, the
Employer shall make every reasonable effort to avoid excessive overtime and to
offer overtime work on an equitable basis among readily available qualified
employees.
- Except in cases of emergency, call-back
or mutual agreement with the employee, the Employer shall, wherever possible,
give at least four (4) hours' notice of any requirement for overtime work.
28.04 Overtime
Compensation on a Workday
Subject to paragraph 28.02(a):
- 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 seven decimal five (7.5) consecutive hours
of overtime worked and at double (2) time for all overtime hours worked in
excess of seven decimal five (7.5) consecutive hours of overtime in any
contiguous period.
- If an employee is given instructions
during the employee's workday to work overtime on that day and reports for work
at a time which is not contiguous to the employee's scheduled hours of work,
the employee shall be paid a minimum of two (2) hours' pay at straight-time
rate or for actual overtime worked at the applicable overtime rate, whichever
is the greater.
- An employee who is called back to work after the employee has completed his or
her work for the day and has left his or her place of work, and who returns to
work shall be paid the greater of:
- compensation
equivalent to three (3) hours' pay at the applicable overtime rate of pay for
each call-back, to a maximum of eight (8) hours' compensation in an eight (8) hour period; such maximum shall include any reporting pay pursuant to paragraph (b) or its alternate provision,
or
- compensation at the applicable overtime
rate for actual overtime worked,
provided that the period worked by the
employee is not contiguous to the employee's normal hours of work.
- The minimum payment referred to in
subparagraph (c)(i) does not apply to part-time employees. Part-time employees
will receive a minimum payment in accordance with clause 60.05 or 60.06.
28.05 Overtime Compensation on a Day of Rest
Subject to paragraph 28.02(a):
- An employee who is required to work on a first (1st) day of rest is
entitled to compensation at time and one-half (1 1/2) for the first (1st) seven decimal five (7.5) hours and double (2) time thereafter.
- An employee who is required to work on a second (2nd) or subsequent day of rest
is entitled to compensation at double (2) time (second or subsequent day of
rest means the second or subsequent day in an unbroken series of consecutive
and contiguous calendar days of rest).
- When an employee is required to report for work and reports on a day of rest,
the employee shall be paid the greater of:
- compensation equivalent to three (3) hours'
pay at the applicable overtime rate for each reporting, to a maximum of eight (8) hours' compensation in an eight (8) hour period;
or
- compensation
at the applicable overtime rate.
- The minimum payment referred to in
subparagraph (c)(i) does not apply to part-time employees. Part-time employees
will receive a minimum payment in accordance with clause 60.05.
28.06 Compensation in Cash or Leave With Pay
- Overtime shall be compensated in cash,
except that, upon request of an employee and with the approval of the Employer,
overtime may be compensated in equivalent leave with pay.
- The Employer shall endeavour to pay cash
overtime compensation by the sixth (6th) week after which the
employee submits the request for payment.
- The Employer shall grant compensatory
leave at times convenient to both the employee and the Employer.
- Compensatory leave with pay not used by
the end of a twelve (12) month period, to be determined by the Employer, will
be paid for in cash at the employee's hourly rate of pay, as calculated from
the classification prescribed in the certificate of appointment of his or her
substantive position at the end of the twelve (12) month period.
28.07
Meals
- 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 his or her expenses for one meal in
the amount of ten dollars ($10) except where free meals are provided.
- When an employee works overtime
continuously extending four (4) hours or more beyond the period provided in
paragraph (a), the employee shall be reimbursed for one additional meal in the
amount of ten dollars ($10) for each additional four (4) hour period of
overtime worked thereafter except where free meals are provided.
- 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 the employee's place of
work.
- Meal allowances under this clause shall
not apply to an employee who is in travel status, which entitles the employee
to claim expenses for lodging and/or meals.
28.08 Transportation Expenses
- When an employee is required to report
for work and reports under the conditions described in paragraphs 28.04(b), (c)
and 28.05(c) and is required to use transportation services other than normal
public transportation services, the employee shall be reimbursed for reasonable
expenses incurred as follows:
- mileage allowance at the rate normally paid
to an employee when authorized by the Employer to use his or her automobile,
when the employee travels by means of his or her own automobile;
or
- out-of-pocket
expenses for other means of commercial transportation.
- 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 the employee's residence shall not constitute time
worked.
29.01 Where the Employer
requires an employee to be available on standby 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.
29.02
- An employee designated by letter or by list for standby duty shall be available
during his or her period of standby at a known telephone number and be
available to return for duty as quickly as possible if called.
- In designating employees for standby, the Employer will endeavour to provide
for the equitable distribution of standby duties.
- No standby payment shall be granted if an employee is unable to report for duty
when required.
- An employee on standby who is required to report for work and reports shall be
compensated in accordance with clause 28.04(c) or 28.05(c), and is also
eligible for reimbursement of transportation expenses in accordance with clause 28.08.
30.01 Subject to clause 30.02,
the following days shall be designated paid holidays for employees:
- New Year's Day;
- Good Friday;
- Easter Monday;
- the day fixed by proclamation of the Governor in Council for celebration of the
Sovereign's birthday;
- Canada Day;
- Labour Day;
- the day fixed by proclamation of the Governor in Council as a general day of
thanksgiving;
- Remembrance Day;
- Christmas Day;
- Boxing Day;
- 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, in the opinion of the Employer, no such
additional day is recognized as a provincial or civic holiday, the first (1st) Monday in August;
- one additional day when proclaimed by an Act of Parliament as a national
holiday.
30.02 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 With or
Without Pay for Alliance Business.
30.03
Designated Holiday Coinciding With a Day of Paid Leave
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.
30.04
Designated Holiday Coinciding With a Day of Rest
- When a day designated as a holiday under clause 30.01 coincides with an
employee's day of rest, the holiday shall be moved to the first (1st)
scheduled working day following the employee's day of rest. When a day that is
a designated holiday is so moved to a day on which the employee is on leave
with pay, that day shall count as a holiday and not as a day of leave.
- When two (2) days designated as holidays under clause 30.01 coincide with an
employee's consecutive days of rest, the holidays shall be moved to the
employee's first two (2) scheduled working days following the days of rest.
When the days that are designated holidays are so moved to days on which the
employee is on leave with pay, those days shall count as holidays and not as
days of leave.
Work
Performed on a Designated Holiday
30.05 Where operational
requirements permit, the Employer shall not schedule an employee to work on
both December 25 and January 1 in the same holiday season.
30.06 When a day designated
as a holiday for an employee is moved to another day under the provisions of
clause 30.04:
- 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;
and
- work performed by an employee on the day to which the holiday was moved, shall
be considered as work performed on a holiday.
30.07
- 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 seven
decimal five (7.5) hours 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;
or
- upon request and with the approval of
the Employer, the employee may be granted:
- a
day of leave with pay (straight-time rate of pay) at a later date in lieu of
the holiday;
and
- pay
at one and one-half (1 1/2) times the straight-time rate of pay for all hours
worked up to seven decimal five (7.5) hours;
and
- pay at two (2) times the straight-time
rate of pay for all hours worked by him or her on the holiday in excess of
seven decimal five (7.5) hours.
- Notwithstanding paragraphs (a) and (b), when an employee works on a holiday
contiguous to a day of rest on which he or she also worked and received
overtime in accordance with paragraph 28.05(b), he or she shall be paid, in addition
to the pay that he or she would have been granted had he or she not worked on
the holiday, two (2) times his or her hourly rate of pay for all time worked.
- Subject to operational requirements and adequate advance notice, the Employer
shall grant lieu days at such times as the employee may request.
- When, in a fiscal year, an employee has not
been granted all of his or her lieu days as requested by him or her, at the
employee's request, such lieu days shall be carried over for one (1) year.
- In the absence of such request, unused
lieu days shall be paid off at the employee's straight-time rate of pay in
effect when the lieu day was earned.
30.08
Reporting for Work on a Designated Holiday
- When an employee is required to report for work and reports on a designated
holiday, the employee shall be paid the greater of:
- compensation equivalent to three (3) hours'
pay at the applicable overtime rate of pay for each reporting, to a maximum of
eight (8) hours' compensation in an eight (8) hour period, such maximum shall
include any reporting pay pursuant to paragraph 28.04(c);
or
- compensation in accordance with the
provisions of clause 30.07.
- The minimum payment referred to in subparagraph (a)(i) does not apply to part-time
employees. Part-time employees will receive a minimum payment in accordance
with clause 60.09 of this Agreement.
- When an employee is required to report for work and reports under the
conditions described in paragraph (a) and is required to use transportation
services other than normal public transportation services, the employee shall
be reimbursed for reasonable expenses incurred as follows:
- mileage allowance at the rate normally paid
to an employee when authorized by the Employer to use his or her automobile, when
the employee travels by means of his or her own automobile;
or
- out-of-pocket expenses for other means of
commercial transportation.
- 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.
31.01 The Employer shall
make every reasonable effort to accommodate an employee who requests time off
to fulfill his or her religious obligations.
31.02
Employees may, in accordance with the provisions of this Agreement, request
annual leave, compensatory leave, leave without pay for other reasons or a
shift exchange (in the case of a shift worker) in order to fulfill their
religious obligations.
31.03 Notwithstanding
clause 31.02, at the request of the employee and at the discretion of the
Employer, time off with pay may be granted to the employee in order to fulfill
his or her religious obligations. The number of hours with pay so granted must
be made up hour for hour within a period of six (6) months, at times agreed to
by the Employer. Hours worked as a result of time off granted under this clause
shall not be compensated nor should they result in any additional payments by
the Employer.
31.04 An employee who
intends to request leave or time off under this Article must give notice to the
Employer as far in advance as possible but no later than four (4) weeks before
the requested period of absence unless, because of unforeseeable circumstances,
such notice cannot be given.
Alternate
Provisions
32.01 This Article does not apply to an employee when the employee travels
by any type of transport in which he or she is required to perform work and/or
which also serves as his or her living quarters during a tour of duty. In such
circumstances, the employee shall receive the greater of:
- on
a normal working day, his or her regular pay for the day;
or
- pay for actual hours worked in
accordance with Article 30, Designated Paid Holidays, and Article 28, Overtime,
of this Agreement.
Excluded
Provisions
32.02 Compensation under this Article shall not be paid for travel time to
courses, training sessions, conferences and seminars, unless the employee is
required to attend by the Employer.
32.03 For the purposes of
this Agreement, travelling time is compensated for only in the circumstances
and to the extent provided for in this Article.
32.04 When an employee is
required to travel outside his or her headquarters area on government business,
as these expressions are defined by the Employer, the time of departure and the
means of such travel shall be determined by the Employer and the employee will
be compensated for travel time in accordance with clauses 32.05 and 32.06.
Travelling time shall include time necessarily spent at each stopover en route,
provided such stopover is not longer than three (3) hours.
32.05 For the purposes of
clauses 32.04 and 32.06, the travelling time for which an employee shall be
compensated is as follows:
- for travel by public transportation, the time between the scheduled time of
departure and the time of arrival at a destination, including the normal travel
time to the point of departure as determined by the Employer;
- for travel by private means of transportation, the normal time as determined by
the Employer to proceed from the employee's place of residence or workplace, as
applicable, directly to the employee's destination and, upon the employee's
return, directly back to the employee's residence or workplace.
- In the event that an alternative time of departure and/or means of travel is
requested by the employee, the Employer may authorize such alternative arrangements,
in which case compensation for travelling time shall not exceed that which
would have been payable under the Employer's original determination.
32.06 If an employee is
required to travel as set forth in clauses 32.04 and 32.05:
- on a normal working day on which the employee travels but does not work, the
employee shall receive his or her regular pay for the day;
- on a normal working day on which the employee travels and works, the employee
shall be paid:
- his regular pay for the day for a combined
period of travel and work not exceeding his or her regular scheduled working
hours;
and
- at the applicable overtime rate for
additional travel time in excess of his or her regularly scheduled hours of
work and travel, with a maximum payment for such additional travel time not to
exceed twelve (12) hours' pay at the straight-time rate of pay;
- 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 twelve (12) hours' pay at the straight-time rate of pay.
32.07
- Upon request of an employee and with the approval of the Employer, compensation
at the overtime rate earned under this Article may be granted in compensatory
leave with pay.
- Compensatory leave with pay not used by the end of a twelve (12) month period,
to be determined by the Employer, will be paid for in cash at the employee's
hourly rate of pay, as calculated from the classification prescribed in the
certificate of appointment of the employee's substantive position at the end of
the twelve (12) month period.
32.08
Travel-Status Leave
- 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 seven decimal five (7.5) hours of time off with pay. The
employee shall be credited seven decimal five (7.5) hours of additional time
off with pay 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.
- 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.
- This leave with pay is deemed to be compensatory leave and
is subject to paragraphs 28.06(c) and (d).
- The provisions of this clause do not
apply when the employee travels in connection with courses, training sessions,
professional conferences and seminars, unless the employee is required to
attend by the Employer.