ARCHIVED - Ship Repair (All Chargehand and Production Supervisor Employees Located on the East Coast) (SRC) (663) (Archived)

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PART III - STAFF RELATIONS MATTERS

ARTICLE 21
ASSOCIATION REPRESENTATION

21.01 Access to Employer's Premises

The Employer agrees that accredited union representatives of the Association may have access to the Employer's premises upon notice to and the consent of the Employer. Such consent shall not be unreasonably withheld.

21.02 Appointment of Stewards

(a) The Employer acknowledges the right of the Association to appoint a reasonable number of Stewards, having regard to the plan of organization, the dispersement of employees at the work place and the administrative structure implied in the grievance procedure.

(b) The Association recognizes that employees who are representatives of the Association have regular duties to perform in connection with their work for the Employer.

21.03 Recognition of Association Representatives

The Employer recognizes Association officers and stewards as official chargehands representatives and will not discriminate against them because of their legitimate activities as such. The Employer will not define the disciplinary action to be taken against an Association officer or steward without first giving the Association an opportunity of making representations on the employee's behalf.

The Association shall supply a list of the names of Association officers and stewards to the Employer and shall advise the Employer of any changes thereafter.

21.04 Leave for Association Officers and/or Stewards

Subject to operational requirements:

(a) Time off with pay for Association officers and/or stewards to investigate employee complaints of an urgent nature may be granted upon request to their supervisor. Such permission shall not be unreasonably denied.

(b) Association officers and/or stewards shall inform their supervisor before leaving their work to attend prearranged meetings with local management.

(c) Where practicable such representatives shall report back to their supervisor before resuming their normal duties.

21.05 Bulletin Boards

Reasonable space on bulletin boards, including electronic bulletin boards where available, will be made available to the Association for the posting of official notices in convenient locations determined by the Employer and the Association. Notices or other material shall require the prior approval of the Employer, except notices relating to the business affairs of the Association and social and recreational events. The Employer shall have the right to refuse the posting of any information that it considers adverse to its interests or the interests of any of its representatives.

ARTICLE 22
ASSOCIATION SECURITY

22.01 The Employer shall as a condition of employment, deduct monthly an amount equivalent to regular membership dues, in a fixed amount, established by the Association according to their constitutional provisions, exclusive of any separate deduction for initiation fees, pension deductions, special assessments or arrears which may exist on the date this agreement comes into effect, from the pay of all employees of the bargaining unit.

22.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 22.01.

22.03 For the purpose of applying clause 22.01, deductions from pay for each employee in respect of each month will start with the first full calendar month of employment to the extent that earnings are available.

22.04 As soon as practicable after the signing of this Agreement, the Employer will provide the Association with an up-to-date list of all employees in the Ship Repair Chargehands bargaining unit and will provide appropriate quarterly lists of all employees who have been assigned to or have left the bargaining unit during the quarter.

22.05 An employee who satisfies the Employer to the extent that he or she declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved.

22.06 From the date of signing and for the duration of this Agreement, no employee organization, as defined in Section 2 of the Public Service Labour Relations Act, other than the Association, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

22.07 The amounts deducted in accordance with clause 22.01 shall be remitted by cheque to the person designated by the Association within fifteen (15) working days of the date on which the deduction is made. The cheque shall be made payable to the Association and shall be accompanied by particulars identifying each employee alphabetically and the deductions made on the employee's behalf.

22.08 The Association agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article except for any claim or liability arising out of an error committed by the Employer limited to the amount actually involved in the error.

ARTICLE 23
ILLEGAL STRIKES

23.01 The Public Service Labour Relations Act provides penalties for illegal strikes. A strike includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.

ARTICLE 24
GRIEVANCE PROCEDURE

**

24.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with Section 15 of the NJC By-Laws.

24.02 The purpose of this procedure is to provide an orderly and effective process for the consideration and resolution of the grievances of employees within the bargaining unit. Both parties recognize that in ordinary circumstances an employee should discuss his or her complaint with his or her supervisor and give him/her an opportunity to adjust the employee's complaint before a grievance is presented.

24.03 In this procedure:

(a) "grievance" means a complaint in writing presented by an employee on the employee's own behalf or on behalf of the employee and one or more other employees,

(b) all "days" referred to in this procedure are calendar days, excluding Saturdays, Sundays and holidays.

**

24.04 Subject to and as laid down in Section 208 of the Public Service Labour Relations Act, an employee who feels that he/she has been treated unjustly or considers himself/herself aggrieved by an action or lack of action by the Employer is entitled to present a grievance, other than a grievance arising out of the classification process, in the manner prescribed except that:

(a) where there is another administrative procedure provided by law to deal with the employee's specific complaint such procedure must be followed,

and

(b) where the grievance relates to the interpretation or application of this collective agreement or an arbitral award the employee is not entitled to present the grievance unless the employee has the approval of and is represented by the Association.

24.05 An employee shall present his or her grievance at the first level of the Grievance Procedure not later than the twenty-fifth (25^th) day after the date on which the employee was notified orally or in writing, or otherwise became aware of the action or circumstance giving rise to the grievance.

24.06 Within ten (10) days after receipt of such presentation, the Employer at the first level shall reply in writing to the employee's grievance.

24.07 If the decision of the Employer at level 1 is not acceptable to the employee, the employee may, not later than the tenth (10^th) day after receipt of the reply at level 1, present his or her grievance for consideration by the Employer at level 2.

24.08 Within ten (10) days after receipt of the employee's grievance, the Employer at level 2 shall deliver to the employee a written reply to the grievance.

24.09 If the decision of the Employer at level 2 is not acceptable to the employee, the employee may, not later than the tenth (10^th) day after receipt of the reply at level 2, present his or her grievance for consideration by the Employer at the final level.

24.10 Within twenty-five (25) days after receipt of the employee's grievance, the Employer at the final level shall deliver to the employee a written reply to the grievance.

24.11 In every instance where the employee is represented by the Association, the Employer shall forward a copy of the reply to the grievance to the Association.

24.12 Where the Employer at any level fails to reply to the employee's grievance within the prescribed time limits, the employee may present his or her grievance to the next level not later than the fifteenth (15^th) day after the last day on which the Employer was required to reply to the employee's grievance at the last preceding level of the Grievance Procedure.

24.13 Where an employee has presented a grievance up to and including the final level in the grievance process with respect to:

(a) the interpretation or application in respect of the employee of a provision of a collective agreement or arbitral award,

or

(b) disciplinary action resulting in discharge, suspension or a financial penalty,

and the employee's grievance has not been dealt with to the employee's satisfaction the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

24.14 The time limits stipulated in this procedure may be extended by mutual agreement of the parties involved in the grievance.

**

24.15 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(l)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be presented at the final level only. The written reply to the grievance shall be delivered to the employee and, if applicable, to the Association, within thirty (30) days.

24.16 Where an employee fails to present a grievance to the next higher level in the Grievance Procedure within the established time limits, the employee shall be deemed to have abandoned the grievance.

24.17

(a) Where an employee can establish that a grievance has been presented, and the Employer has not received same, the grievance may be resubmitted to the appropriate level. Such presentation shall have the same force and effect as the first grievance submitted.

(b) A second grievance shall not be presented more than thirty (30) days after the day on which the first grievance was presented.

24.18 The Employer acknowledges the employee's right to representation by the Association in the presentation of his or her grievance at any level in the Grievance Procedure, including the complaint level referred to in clause 24.02.

ARTICLE 25
NOTICE TO AMEND OR RENEW THE COLLECTIVE AGREEMENT

25.01 Should either party, at the expiration of this Agreement desire amendments or alterations therein for its renewal, a written notice to that effect shall be served upon the other party in accordance with the provisions of the Public Service Labour Relations Act.

ARTICLE 26
JOINT CONSULTATION

26.01 The Employer and the Association recognize that consultation and communication on matters of mutual interest outside the terms of the Collective Agreement should promote constructive and harmonious Employer-Association relations.

26.02 It is agreed that Labour-Management meetings are an appropriate forum for consultation; that a subject for discussion may be within or without the authority of either the Management or Association representatives. In these circumstances, consultation may take place for the purpose of providing information, discussing the application of policy or air problems to promote understanding, but it is expressly understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to, or modify the terms of this Agreement.

26.03 The following matters may be regarded as appropriate subjects for joint consultation:

(a) accident prevention;

(b) productivity;

(c) leave administration;

(d) training; and

(e) contracting out.

**ARTICLE 27
NATIONAL JOINT COUNCIL AGREEMENTS

27.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed after December 6, 1978, will form part of this Collective Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Section 113(b) of the PSLRA.

27.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreement have designated as such or upon which the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

27.03 The directives, policies or regulations as amended from time to time by National Joint Council recommendation, and which have been approved by the Treasury Board of Canada, form part of this Collective Agreement. During the term of this Collective Agreement, other directives, policies or regulations may be added.

ARTICLE 28
RECOGNITION

28.01 The Employer recognizes the Federal Government Dockyard Chargehands Association as the exclusive bargaining agent for all Chargehands and Production Supervisors in the Ship Repair Occupational Group located on the east coast described in the certificate issued to the Association by the Public Service Labour Relations Board on the twentieth day of May, 1999.

 

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