ARCHIVED - Ship Repair - East (SRE) - Archived

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Article 18
Call-Back Pay

18.01 When an employee is called back to work overtime after he/she has left the Employer's premises:

1. on a designated paid holiday which is not an employee scheduled day of work,|
   or
2. on an employee's day of rest,
   or
3. after the employee has completed his/her work for the day, and returns to work the employee shall be paid the greater of:
   1. compensation at the applicable overtime rate for time worked,
      or
   2. compensation equivalent to four (4) hours' pay at the straight-time rate,

provided that the period worked by the employee is not contiguous to the employee's scheduled shift and the employee was not notified of such overtime requirement prior to completing his/her last period of work.

18.02 Other than when required by the Employer to operate 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.

18.03 Compensation under this Article is not to be construed as different from or additional to overtime pay, but shall be construed as establishing minimum compensation to be paid.

**Article 19
Grievance Procedure

19.01 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.

Individual Grievances

19.02 Subject to and as provided in section 208 of the Public Service Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:

1. by the interpretation or application, in respect of the employee, of:
   1. a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment;
      or
   2. a provision of the collective agreement or an arbitral award;
   or
2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Group Grievances

19.03 Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Council may present a group grievance to the Employer on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of the collective agreement or an arbitral award.

1. In order to present a group grievance, the Council must first obtain the written consent of each of the employees concerned.
2. A group grievance shall not be deemed to be invalid by reason only of the fact that the consent is not in accordance with Form 19.
3. A group grievance must relate to employees in a single portion of the Federal Public Administration.

Policy Grievances

19.04 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Council or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or of an arbitral award.

1. A policy grievance may be presented by the Council only at the final level of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Council of the name, title and address of this representative.
2. The grievance procedure for a policy grievance by the Employer shall also be composed of a single level, with the grievance presented to an authorized representative of the Council. The Council shall inform the Employer of the name, title and address of this representative.

Grievance Procedure

19.05 For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, the Council.

19.06 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.

19.07 The parties recognize the value of informal discussion between employees and their supervisors and between the Council and the Employer to the end that problems might be resolved without recourse to a formal grievance. When notice is given that an employee or the Council, within the time limits prescribed in clause 19.15, wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

19.08 A grievor wishing to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:

1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
   and
2. provide the grievor with a receipt stating the date on which the grievance was received.

19.09 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

19.10 Subject to and as provided for in the Public Service Labour Relations Act, a grievor who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 19.08, except that:

1. where there is another administrative procedure provided by or under any Act of Parliament to deal with the grievor's specific complaint such procedure must be followed,
   and
2. where the grievance relates to the interpretation or application of this collective agreement or an Arbitral Award, an employee is not entitled to present the grievance unless he has the approval of and is represented by the Council.

19.11 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

1. Level 1 - first level of management;
2. Levels 2 and 3 in departments or agencies where such a levels are established - intermediate level(s);
3. Final Level - Chief Executive or deputy head or an authorized representative.

Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.

No employer representative may hear the same grievance at more than one level in the grievance procedure.

19.12 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

19.13 This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Council.

19.14 An employee may be assisted and/or represented by the Council when presenting a grievance at any level. The Council shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

19.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 19.08, not later than the twenty-fifth (25^th) day after the date on which the grievor is notified or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. The Employer may present a policy grievance in the manner prescribed in clause 19.04 not later than the twenty-fifth (25^th) day after the date on which the Employer is notified orally or in writing or on which the Employer first becomes aware of the action or circumstances giving rise to the policy grievance.

19.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:

1. where the decision or settlement is not satisfactory to the grievor, within ten (10) days after that decision or settlement has been conveyed in writing to the grievor by the Employer,
   or
2. where the Employer has not conveyed a decision to the grievor within the time prescribed in clause 19.17, within fifteen (15) days after presentation by the grievor of the grievance at the previous level.

19.17 The Employer shall normally reply to a grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days where the grievance is presented at the final level except in the case of a policy grievance, to which the Employer shall normally respond within sixty (60) days. The Council shall normally reply to a policy grievance presented by the Employer within sixty (60) days.

19.18 Where an employee has been represented by the Council in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Council with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.

19.19 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

19.20 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.

19.21 Where the provisions of clause 19.08 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present the grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

19.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Council representative.

19.23 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the grievor, and, where applicable, the Council.

19.24 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(1)(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.

19.25 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.

19.26 Any grievor who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the grievor's control, the grievor was unable to comply with the prescribed time limits.

19.27 Where a grievance has been presented up to and including the final level in the grievance procedure with respect to:

1. the interpretation or application of a provision of this collective agreement or related Arbitral Award,
   or
2. termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,
   or
3. disciplinary action resulting in suspension or financial penalty,

and the grievance has not been dealt with to the grievor's satisfaction, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

19.28 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of the employee of a provision of this Agreement or an Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Council signifies:

1. its approval of the reference of the grievance to adjudication,
   and
2. its willingness to represent the employee in the adjudication proceedings.

Article 20
Safety and Health

20.01 The Employer shall make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Council and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury. The Council agrees to encourage its members to observe all safety rules and to use all appropriate protective equipment and safeguards.

Article 21
Technological Change

21.01 Both parties recognize the overall advantages of technological change, as well as the effects that its introduction sometimes has on specific individuals when such change results in loss of jobs. Therefore, both parties shall encourage and promote improvements in production and moreover, will cooperate to find ways of reducing, and if possible, eliminating the loss of employment which may be the direct result of any major improvements.

21.02 Recognizing the nature of the Fleet Maintenance Facility Cape Scott's operations, the Employer will provide one hundred and twenty (120) days' advance notice, whenever possible, of the introduction or implementation of technological change when it may result in significant change in the employment status or working conditions of employees.

21.03 The Employer agrees to consult with the Council with a view to resolving problems which may arise as a result of the introduction of such technological change.

21.04 The Council shall be informed in advance of all training courses related to technological change and, except when prevented by unforeseen circumstances or short notice, the Employer agrees to display in appropriate locations notices of forthcoming job-related training courses. Management will consult with the Council when establishing training criteria for such courses.

Article 22
Agreement Re-Opener

22.01 This Agreement may be amended by mutual consent.

Article 23
Allowances

23.01 Dirty Work

1. The Employer agrees to continue the present practice of paying a dirty work allowance to an employee for work requiring exposure to particularly dirty or obnoxious conditions.
2. An employee, who while working is exposed to such conditions, shall be paid a dirty work allowance equal to twenty-five per cent (25%) of the employee's basic hourly rate of pay on a prorata basis for actual time exposed to these conditions.

**

3. Shall include situations agreed to by the parties as being particularly dirty or obnoxious, or which an adjudicator determines as being particularly dirty or obnoxious.

**

4. Consultation between management and the Council will take place with a view to immediate resolution of disagreements on dirty work.
5. Recognizing that changes in methods will introduce new situations which may qualify for compensation as outlined above, and delete old situations, local management will consult with the Council with a view to reviewing jobs for which compensation will be paid.
6. The utilization of either clause 23.01(d) or (e) will not serve to deny an employee the right to present a grievance arising out of the application of clause 23.01(a).

23.02 Height Pay

An employee shall be paid a height pay allowance equal to twenty-five per cent (25%) of the employee's basic hourly rate of pay on a prorata basis for actual time worked:

1. on land-based radio antenna towers of five hundred (500) feet or more where they may be required to work up to the full height of the tower;
2. while suspended from a crane in a bucket or boatswain's chair;
3. while suspended in a boatswain's chair above 02 deck in Iroquois and Halifax Class uptakes;
4. more than thirty (30) feet above the base of ship's masts where no scaffolding is arranged, except for riggers, rigger helpers and rigger apprentices;
5. for repair work on jetty cranes which is at height greater than thirty (30) feet above the crane base and no scaffolding exists, except for riggers, rigger helpers and rigger apprentices;
6. for installation work on the side of buildings, ships or structures thirty (30) feet above the ground in CFB Halifax or other establishments where the method of support is by moveable platform (excluding manlifts) or boatswain's chair or mast box;
7. for erecting or removing staging on the outboard side of the fixed structure supporting the SLA 15 Antenna Group, STIR and CIWS, on Iroquois and Halifax Class ships;
8. on repair work on CPF CWIS, CPF AFT STIR, Port and STBD STIR on Iroquois class ships, and aft CWIS upper platform on AOR class ships, in instances where staging is not provided and the method of support is by safety harness;
   and
9. While tying off grey and black water support lines when a ship is on the synchrolift in situations where there is no guard rail or the guard rail has been dismantled during progression of this work.

New technology in similar circumstances will be open for discussion.

23.03 Submarine Trials

1. When an employee is required to be in a submarine during trials under the following conditions:
   1. the employee is in a submarine when it is in a closed down condition either alongside a jetty or within a harbour, on the surface or submerged, i.e., when the pressure hull is sealed and undergoing trials such as vacuum tests, high pressure tests, snort trials, battery ventilation trials or other recognized formal trials, or the submarine is rigged for diving;
      or
   2. the employee is in a submarine when it is beyond the harbour limits on the surface or submerged;
   the employee shall be compensated for all hours aboard at the applicable rate of pay for all hours worked and at the straight-time rate for all unworked hours.
2. In addition, an employee shall receive a submarine trials allowance equal to twenty-five per cent (25%) of the employee's basic hourly rate for each completed one-half (1/2) hour the employee is required to be in a submarine during trials as per the conditions prescribed in sub-clause 23.03(a).

23.04 Sea Duties Aboard Surface Vessels

When an employee is required to go to sea (i.e. beyond the harbour limits) in a vessel for the purpose of conducting trials, repairing defects, dumping ammunition, etc., the employee shall be compensated, from the time he/she reports aboard until one (1) hour after reaching the harbour limits on the final return, as follows:

1. for the first twelve (12) hours aboard or less, at the applicable rate of pay;
2. for all hours aboard in excess of twelve (12) hours, at the applicable rate of pay for all hours worked and at the regular rate of pay for all unworked hours.

For the purpose of this clause, an employee is considered to be working if he/she is actually performing or assisting in the performance of the duties of the job or has received specific instructions to remain available for work at the specific location where the work is being performed.

23.05 Transfer at Sea Allowance

When an employee is required to transfer to a ship, submarine or barge (not berthed) from a helicopter, ship's boat, yardcraft or auxiliary vessel, the employee shall be paid a transfer allowance of ten dollars ($10.00) except when transferring between vessels and/or work platforms which are in a secured state to each other for the purpose of performing a specific task such as deperming. If the employee leaves the ship, submarine or barge by a similar transfer, the employee shall be paid an additional ten dollars ($10.00).

23.06 Part-time Instructor Allowance

When an employee other than a Leadhand, is required to act as a facilitator, team leader or to instruct a course on a part-time basis, the employee shall be paid, in addition to the applicable rate of pay, the Leadhand rate for the actual time the employee is performing the duties.

Article 24
Shift Premium

24.01 An employee who is regularly scheduled to work third (evening) or first (night) shift shall be paid a shift premium of:

1. one-seventh (1/7) of the employee's basic hourly rate of pay for each hour worked on third (evening) shift,
   and
2. one-seventh (1/7) of the employee's basic hourly rate of pay for each half-hour worked on the first (night) shift.

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